{"body": "CityCouncil", "date": "2012-10-16", "page": 1, "text": "MINUTES OF THE REGULAR CITY COUNCIL MEETING\nTUESDAY--OCTOBEF 16, 2012--7:00 P.M.\nMayor Gilmore convened the meeting at 7:04 p.m. Boy Scout Troop 16 led the Pledge\nof Allegiance.\nROLL CALL -\nPresent:\nCouncilmembers Bonta, deHaan, Johnson, and\nMayor Gilmore - 4.\nAbsent:\nCouncilmember Tam - 1.\nAGENDA CHANGES\nNone.\nPROCLAMATIONS, SPECIAL ORDERS OF THE DAY & ANNOUNCEMENTS\n(12-494) Proclamation Declaring October 2012 as Disability Awareness Month.\nMayor Gilmore read and presented the Proclamation to Audrey Lord-Hausman,\nCommission on Disability Issues.\nORAL COMMUNICATIONS, NON-AGENDA\n(12-495) Philip Michaels, Alameda, expressed his objection to the policy which requires\nthat he obtain a business license for his duplex which is not being used as a rental.\nMayor Gilmore suggested that Mr. Michaels provide staff with his contact information.\nCONSENT CALENDAR\nCouncilmember Johnson moved approval of the Consent Calendar.\nVice Mayor Bonta seconded the motion, which carried by unanimous voice vote - 4.\n[Absent: Councilmember Tam - 1.] [Items so enacted or adopted are indicated by an\nasterisk preceding the paragraph number.]\n(*12-496) Minutes of the Special and Regular City Council Meetings Held on September\n18, 2012. Approved.\n(*12-497) Ratified bills in the amount of $2,186,127.08.\n(*12-498) Recommendation to Authorize the City Manager to Execute an Agreement\nBetween the City of Alameda and the Alameda County Fire Department Regarding the\nRegional Emergency Communication Center and Fire Dispatch Services. Accepted.\nRegular Meeting\nAlameda City Council\n1\nOctober 16, 2012", "path": "CityCouncil/2012-10-16.pdf"}
{"body": "CityCouncil", "date": "2012-10-16", "page": 2, "text": "(*12-499) Resolution No. 14734, \"Amending Resolution No. 9460 to Reflect Current\nPositions and Entities to be Included in the City of Alameda's Conflict of Interest Code\nand Rescinding Resolution No. 14476.\" Adopted.\nREGULAR AGENDA ITEMS\n(12-500) Resolution No. 14735, \"Reappointing Ray Gaul as a Member of the Golf\nCommission.\" Adopted;\n(12-500A) Resolution No. 14736, \"Reappointing Bill Schmitz as a Member of the Golf\nCommission. Adopted;\n(12-500B) Resolution No. 14737, \"Reappointing Jane Sullwold as a Member of the Golf\nCommission.\" Adopted;\n(12-500C) Resolution No. 14738, \"Reappointing Jeffrey Wood as a Member of the Golf\nCommission.\" Adopted;\n(12-500D) Resolution No. 14739, \"Appointing Timothy Scates as a Member of the Golf\nCommission. Adopted;\n(12-500E) Resolution No. 14740, \"Appointing Sherman Lewis as a Member of the\nPublic Art Commission.\" Adopted;\n(12-500F) Resolution No. 14741, \"Appointing Jennifer Williams as a Member of the\nSocial Service Human Relations Board.' Adopted;\n(12-500G) Resolution No. 14742, \"Appointing Jennifer Watkinson as a Member of the\nSocial Service Human Relations Board.\" Adopted; and\n(12-500H) Resolution No. 14743, \"Appointing Kimberly N. Walter as a Member of the\nYouth Advisory Commission.\" Adopted.\nVice Mayor Bonta moved adoption of the resolutions.\nCouncilmember deHaan seconded the motion, which carried by unanimous voice vote -\n4. [Absent: Councilmember Tam - 1.]\nThe City Clerk administered the Oath of Office and presented certificates to Ray Gaul,\nBill Schmitz, Jane Sullwold, Timothy Scates, Sherman Lewis, Jennifer Watkinson and\nJennifer Williams.\n(12-501) Public Hearing to Consider Ordinance No. 3057, \"Amending Section 30-4.9A\nof the Alameda Municipal Code Related to the C-C, Community Commercial Zone to\nRevise Setbacks for Commercial Buildings Adjacent to Residential Uses.\" Finally\npassed.\nThe Acting City Planner gave a brief presentation.\nVice Mayor Bonta moved final passage of the ordinance.\nRegular Meeting\nAlameda City Council\n2\nOctober 16, 2012", "path": "CityCouncil/2012-10-16.pdf"}
{"body": "CityCouncil", "date": "2012-10-16", "page": 3, "text": "Councilmember Johnson seconded the motion, which carried by unanimous voice vote\n- 4. [Absent: Councilmember Tam - 1.]\n(12-502) Public Hearing to Consider an Appeal of Two Conditions Imposed on the\nApproval of a Design Review and Use Permit Application to Construct Two New Retail\nBuildings at 1600 Park Street; and\n(12-502A) Resolution No. 14744, \"Upholding the Planning Board Resolution PB-12-13\nApproving Design Review and Use Permit Applications (PLN11-0378) to Construct Two\nNew Retail Buildings at 1600 Park Street.\" Adopted.\nThe Acting City Planner gave a Power Point presentation.\nCouncilmember Johnson inquired whether there would be any difference in the\nconfiguration of the parking lot if the agreement with Market Place does not go\nthrough.\nThe Acting City Planner responded if the agreement between the two property owners\ngoes though, there would be access between the two parking lots; one big parking lot\nwould serve all three buildings.\nCouncilmember Johnson inquired whether there are two entrances/exits from Foley\nStreet, to which the Acting City Planner responded in the affirmative; stated the new\nplan would add a third egress.\nCouncilmember Johnson inquired how CVS trucks would get in and out of the parking\nlot for loading.\nThe Acting City Planner responded the trucks would come in from Park Street and exit\nTilden Way.\nCouncilmember Johnson inquired whether the trucks would be able to exit on Tilden\nWay, to which the Acting City Planner responded in the affirmative; stated CVS wants\nthe ability to load and unload trucks parked on Park Street before normal business\nhours, so as not to clog the customer parking lot.\nCouncilmember deHaan inquired whether the proposal would allow the activity in the\nparking lot daily, to which the Acting City Planner responded in the affirmative.\nMayor Gilmore inquired whether consideration was given to unloading the trucks\nbetween 8 p.m. and 11p.m.\nThe Acting City Planner responded in the negative; stated the scenario was not\ndiscussed; the assumption was the trucks come in the morning.\nRegular Meeting\nAlameda City Council\n3\nOctober 16, 2012", "path": "CityCouncil/2012-10-16.pdf"}
{"body": "CityCouncil", "date": "2012-10-16", "page": 4, "text": "access for unloading.\nCouncilmember deHaan inquired whether loading would stop at 7 a.m.\nThe Acting City Planner responded in the affirmative; stated an incentive would be\ncreated for CVS to finish loading before the store opens.\nCouncilmember deHaan inquired how trucks would be travel through Alameda.\nThe Acting City Planner responded both Tilden Way and Park Street are truck routes.\nCouncilmember Johnson inquired what would inhibit the trucks from loading after 7\nRegular Meeting\nAlameda City Council\n4\nOctober 16, 2012", "path": "CityCouncil/2012-10-16.pdf"}
{"body": "CityCouncil", "date": "2012-10-16", "page": 5, "text": "a.m.\nThe Public Works Director responded there would be enforcement.\nMayor Gilmore called the CVS representative up to address Council questions.\nJosh Eisenhut, Armstrong Development representing CVS, stated CVS is comfortable\nwithdrawing the request for 24 hour operations, but may request the hours in the\nfuture depending on public demand; the main deliveries are expected two to three\ntimes per week, with three to four smaller trucks per day staggered throughout the\nweek; the biggest concern is to access Park Street; exiting onto Park Street is\nimportant for several reasons: CVS's business model is driven by convenience to\ncustomers; because of the convenience of the drive thru, upgrades to the facilities\nand location; however, the current CVS store is profitable and above average in the\nregion; Park Street access is causing CVS to see the project less and less attractive.\nMayor Gilmore inquired whether the traffic study prepared by CVS/Armstrong\nDevelopment considered how long the cars would be queued across the sidewalk at\nPark Street; Foley and Tilden Streets do not get as much pedestrian traffic as Park\nStreet does.\nMr. Eisenhut responded CVS wants to reduce the pedestrian conflicts; a stop sign\nwould make drivers legally responsible for stopping to check for pedestrians.\nCouncilmember Johnson inquired what is CVS's expectation for people going back\nand forth between the Market Place and CVS.\nMr. Eisenhut responded the easement agreement for one cohesive, integrated parking\nlot is close to finalization.\nCouncilmember Johnson inquired if there would be a fee for parking in the CVS\nparking lot without the agreement.\nMr. Eisenhut responded that he is not aware of any fee.\nCouncilmember Johnson recommended a condition be added that prohibits a fee for\nparking in the CVS parking lot; stated people should not have to move their car to go\nto the Market Place after going to CVS.\nExpressed concern about parking: Pauline Williams, Alameda.\nExpressed concern about parking and urged Council not to approve the project: Mary\nKay Williams, Alameda.\nExpressed concern about noise and parking: Patsy Paul, Alameda (submitted letter);\nand Brian Kernan, Alameda.\nRegular Meeting\nAlameda City Council\n5\nOctober 16, 2012", "path": "CityCouncil/2012-10-16.pdf"}
{"body": "CityCouncil", "date": "2012-10-16", "page": 6, "text": "Urged a Foley Street exit not be added and expressed concern about parking: Nanette\nBurdick, Alameda.\nMayor Gilmore requested CVS to address sidewalk Park Street queuing.\nRich Haywood, TJKM Transportation Consultants, stated there would be 94 vehicles in\nthe morning and 64 in the afternoon with right turn only exiting traffic; the average delay\nfor a vehicle exiting with a right turn would be less than 15 seconds; queuing would be\none or two vehicles at the most.\nMayor Gilmore inquired if all the vehicles would cross the sidewalk, to which Mr.\nHaywood responded in the affirmative.\nVice Mayor Bonta inquired about the average delay.\nMr. Haywood responded the delay for exiting vehicles would be approximately 12\nseconds.\nVice Mayor Bonta inquired whether the crosswalk wait would be 12 seconds and\nanother vehicle queued behind would also wait another 12 seconds.\nMr. Haywood responded 12 seconds is the average for each vehicle.\nVice Mayor Bonta inquired whether vehicles would creep up to see the oncoming traffic;\nto which Mr. Haywood responded in the affirmative; stated creeping would not be for the\nentire 12 to 15 seconds.\nMayor Gilmore inquired whether cars would creep up over the sidewalk.\nMr. Haywood responded there would be a buffer area to the left of the vehicle as it exits,\nwhich would include a 12-foot entry lane, a cross walk on the south side of Park Street,\nand a 25-foot red curb.\nIn response to Councilmember Johnson's inquiry about the red curb, Mr. Haywood\nstated the red curb would be for crosswalk visibility.\nCouncilmember Johnson stated the City determines red zones locations, not CVS;\ninquired why a third driveway on Foley Street is necessary.\nMr. Haywood stated it was an additional outlet to give people another option.\nCouncilmember deHaan suggested the exit be closed off completely.\nCouncilmember Johnson stated whether two exits would be sufficient.\nRegular Meeting\nAlameda City Council\n6\nOctober 16, 2012", "path": "CityCouncil/2012-10-16.pdf"}
{"body": "CityCouncil", "date": "2012-10-16", "page": 7, "text": "Mr. Haywood stated having the third driveway on Foley Street would provide another\nalternative.\nMayor Gilmore inquired how many employees CVS has and where employees would\npark.\nMr. Eisenhut responded the store will have between 25 to 30 employees; all are\ndirected to park on site.\nMayor Gilmore inquired how many employees work per shift, to which Mr. Eisenhut\nresponded between 4 to 8.\nVice Mayor Bonta inquired if the parking area for the employees is designated, to which\nMr. Eisenhut responded in the negative.\nMayor Gilmore stated a condition requiring designated employee parking should be\nconsidered.\nVice Mayor Bonta inquired how many spaces are in the two designs.\nThe Acting City Planner responded the number of spaces only differs by one or two\nspaces; stated the advantage of the joint lot is a cleaner circulation system with two\npoints of access onto Foley Street.\nVice Mayor Bonta inquired about the exact number of spaces, to which the Acting City\nPlanner responded 81.\nCouncilmember Johnson stated a condition could be added to impose a fine on CVS if\nloading occurs after the designated hours.\nMr. Eisenhut stated with the reciprocal easement there would be two driveways on\nFoley Street; CVS would be willing to install flashing lights across the driveway [or Park\nStreet] to warn motorists exiting the site that a pedestrian is present.\nMayor Gilmore inquired if the flashing lights would be pedestrian-activated, to which Mr.\nEisenhut responded in the affirmative.\nCouncilmember Johnson stated relocating CVS is not the best use for the Park Street\nsite, CVS should consider staying in the current location.\nVice Mayor Bonta inquired whether trucks arriving at 4:30 a.m. to the Market Place are\nviolating a restriction in regards to loading times.\nThe Acting City Planner stated that he does not believe the business has a use permit\nfor 24 hour operations which means loading and unloading should not occur at 4:30\na.m.\nRegular Meeting\nAlameda City Council\n7\nOctober 16, 2012", "path": "CityCouncil/2012-10-16.pdf"}
{"body": "CityCouncil", "date": "2012-10-16", "page": 8, "text": "In response to Vice Mayor Bonta's inquiry about the standard, the Acting City Planner\nstated normal business hours in the City of Alameda are 7 a.m. to 10 p.m.; any\noperation outside said hours requires a use permit.\nVice Mayor Bonta inquired if a public hearing is required to approve extended hours, to\nwhich the Acting City Planner responded in the affirmative; stated the Planning Board\ndenied CVS's request for 24-hours, but approved one additional hour in the evening to\n11 p.m.\nVice Mayor Bonta stated that he understood the reason for the request to get the\nloading and unloading done before 7 a.m., which makes sense from a business\nperspective; there are different interests, including the comfort and quality of life of the\nsurrounding residents.\nCouncilmember deHaan moved that the Council not allow exiting onto Park Street.\nCouncilmember deHaan stated the second issue is loading and unloading from 5 a.m to\n7 a.m. and allowing offloading on Park Street.\nCouncilmember Johnson stated other issues are: not allowing an additional driveway on\nFoley Street, employee parking, no parking fees, and loading zone enforcement.\nVice Mayor Bonta inquired whether issues were raised during the Planning Board\ndiscussion regarding the Foley Street egress and ingress.\nThe Acting City Planner responded the issue was discussed; stated the Planning Board\nincluded conditions to ensure the City gets very good screening along Foley Street,\nincluding decorative hedges and walls to block noise and lights; reciprocal easement\ncreate a more unified parking lot; if the agreement is not reached and there is no Foley\nStreet exit, that would be more pressure on the Tilden Way exit.\nCouncilmember Johnson stated encouraging more cars to go in and out Tilden Way\nbecause Foley Street is very small and narrow.\nMayor Gilmore inquired why loading on Park Street after 7 a.m. presents an issue as\nthere are two lanes of traffic going down Park Street.\nThe Public Works director responded the concern is that trucks are wider than the\nparking spaces and Park Street is very narrow, which would create traffic congestion\nand increase delays during commute hours; unloading from 8 p.m. to 11 p.m. would\nallow CVS to unload on Park Street.\nMr. Eisenhut stated most deliveries occur in the morning; however, he could present the\noption to CVS.\nRegular Meeting\nAlameda City Council\n8\nOctober 16, 2012", "path": "CityCouncil/2012-10-16.pdf"}
{"body": "CityCouncil", "date": "2012-10-16", "page": 9, "text": "Mayor Gilmore inquired what CVS's peak hours are for the drive thru.\nMr. Eisenhut responded from 12:00 p.m. to 1 p.m., and 5 p.m. to 7 p.m.\nMayor Gilmore stated unloading could be done by 8 a.m. if trucks arrive at 7 a.m.;\ninquired when the Market Place opens, to which the Acting City Planner responded 8\na.m. to 8 p.m.\nVice Mayor Bonta inquired what time the trucks arrive at the existing site.\nMr. Eisenhut responded he is not familiar with delivery patterns at the current location;\nstated schedules vary, which is why CVS is requesting the two-hour window.\nCouncilmember deHaan inquired whether leaving the hours as approved by the\nPlanning Board would be disruptive, to which Mr. Eisenhut responded deliveries would\nnot be as disruptive as during peak hours.\nMayor Gilmore stated the Council is trying to balance CVS's needs with the needs of\nthe neighborhood.\nCouncilmember Johnson stated that she would prefer to not allow CVS to add a\ndriveway on Foley Street.\nThe Acting City Planner stated that if CVS does not get the reciprocal access\nagreement with the Market Place, the Foley entry and exit would not exist and cars\nwould go out Tilden; the two driveways at the Market Place would remain.\nMayor Gilmore noted the Council discussed requiring employee parking on site and the\nparking fee issue, which only becomes an issue if CVS shares parking with the Market\nPlace.\nThe Acting City Planner stated the parking fee issue only applies if the reciprocal\nparking easement is not achieved.\nMayor Gilmore stated that she is in favor of leaving the loading zone hours with giving\nsome leeway to unload from 8 p.m. to 11 p.m.\nThe Acting City Planner stated the Planning Board decided the loading had to be\nbetween 7 a.m. and 10 p.m. but the store could be open 7 a.m. to 11 p.m.; Council\nwould just be modifying that condition to allow loading whenever the store is open;\nfurther stated the conditions the Council is interested in modifying are: 1) adding a\ncondition about employee parking on site; 2) there is no Foley Street exit or parking fees\nif there is no reciprocal access easement; 3) and allowing loading until 11 p.m.\nVice Mayor Bonta stated that he does not think the extra hour to unload until 11 p.m. is\nbeneficial.\nRegular Meeting\nAlameda City Council\n9\nOctober 16, 2012", "path": "CityCouncil/2012-10-16.pdf"}
{"body": "CityCouncil", "date": "2012-10-16", "page": 10, "text": "Councilmember deHaan inquired if Vice Mayor Bonta would like unloading until 11 p.m.\nstruck, to which Vice Mayor Bonta responded in the affirmative.\nCouncilmember deHaan moved adoption of the resolution with the proposed\namendments [1) adding a condition about employee parking on site; 2) there is no\nFoley Street exit or parking fees if there is no reciprocal access easement].\nVice Mayor Bonta seconded the motion, which carried by unanimous voice vote - 4.\n[Absent: Councilmember Tam - 1.]\n*\nMayor Gilmore called a recess at 9:12 p.m. and reconvened the meeting at 9:17 p.m.\n*\n(12-503) Introduction of Ordinance Approving a Lease and Authorizing the City\nManager to Execute Documents Necessary to Implement the Terms of the Lease with\nBay Ship and Yacht Corporation for an Initial Term of 20 Years, with Two 20 Year\nOptions and a 6 Year Option, for a Total of 66 Years, for the Tideland Property\nLocated at 2900 Main #2100 and Surrounding Area. Introduced.\nThe Economic Development Division Manager gave a presentation and the City\nManager discussed the importance of the lease.\nProvided background information on Bay Ship and Yacht: Leslie Cameron, Bay Ship\nand Yacht (submitted letters).\nUrged approval of the lease: Alan Cameron, Bay Ship and Yacht; George Phillips,\nAlameda; Svend Svendsen, Alameda Marina; John Platt, West Marine; Bobby Winston,\nAlameda.\nCouncilmember deHaan stated that he appreciates the 66 year commitment.\nCouncilmember Johnson stated Bay Ship and Yacht has always been a treasure of\nAlameda; commended the business's training programs; stated Bay Ship and Yacht is a\nleader; more employers should train people for specialized jobs; she is happy with the\nlong term commitment between the City and Bay Ship and Yacht.\nVice Mayor Bonta thanked Bay Ship and Yacht for all the great work as a business for\nthe maritime community and community.\nVice Mayor Bonta moved introduction of the ordinance.\nCouncilmember Johnson seconded the motion.\nUnder discussion, Mayor Gilmore thanked Bay Ship and Yacht; stated that she is\nRegular Meeting\nAlameda City Council\n10\nOctober 16, 2012", "path": "CityCouncil/2012-10-16.pdf"}
{"body": "CityCouncil", "date": "2012-10-16", "page": 11, "text": "thrilled to continue the partnership and expects nothing but wonderful things going\nforward.\nOn the call for the question, the motion carried by unanimous voice vote - 4. [Absent:\nCouncilmember Tam - 1.]\n(12-504) Introduction of Ordinance Amending the Alameda Municipal Code by\nAmending Section 1-5.4 (Liability for Costs) of Article V (Penalty Provisions;\nEnforcement) of Chapter 1 (General) to Provide Reciprocity in Provisions for Recovery\nof Attorneys' Fees. Introduced.\nThe Acting City Attorney gave a brief presentation.\nMayor Gilmore stated that she does not like the reciprocal agreement requirement, yet\nunderstands State law requires the provision.\nVice Mayor Bonta moved introduction of the ordinance.\nCouncilmember Johnson inquired whether the provision might not apply because\nAlameda is a Charter City.\nThe Acting City Attorney responded the provision does apply to Alameda.\nCouncilmember deHaan seconded the motion, which carried by unanimous voice vote -\n4. [Absent: Councilmember Tam - 1.]\nCITY MANAGER COMMUNICATIONS\n(12-505) The City Manager announced a special meeting would be held on October 30th\nto receive the Pension Reform report and allow input on upcoming labor negotiations.\nCOUNCIL REFERRALS\nNone.\nCOUNCIL COMMUNICATIONS\n(12-506) Councilmember deHaan inquired when Council would receive a status report\non Fire Department work shifts.\nThe City Manager stated the status report was not up for review yet.\n(12-507) Councilmember Johnson requested information from the School District on\nthe wall recently put up.\nThe City Manager stated the matter could be addressed at an upcoming joint City\nRegular Meeting\nAlameda City Council\n11\nOctober 16, 2012", "path": "CityCouncil/2012-10-16.pdf"}
{"body": "CityCouncil", "date": "2012-10-16", "page": 12, "text": "Council, School Board meeting.\n(12-508) Mayor Gilmore announcement that she attended the Alameda County Mayor's\nConference.\n(12-509) Vice Mayor Bonta announced that he attended the Alameda Filipino American\nHistory Month Celebration; the Partnership Walk Against Global Poverty, and the Walk\nand Roll to school day event at Otis Elementary School.\nORAL COMMUNICATIONS, NON-AGENDA\n(12-510) \"Happy\" Nancy Montano Jonvbeh, Oakland, requested assistance with getting\nher dog back from the Alameda Animal Shelter.\nADJOURNMENT\nThere being no further business, Mayor Gilmore adjourned the meeting at 10:16 p.m.\nRespectfully submitted,\nLara Weisiger\nCity Clerk\nThe agenda for this meeting was posted in accordance with the Sunshine Ordinance.\nRegular Meeting\nAlameda City Council\n12\nOctober 16, 2012", "path": "CityCouncil/2012-10-16.pdf"}
{"body": "CityCouncil", "date": "2012-10-16", "page": 13, "text": "MINUTES OF THE SPECIAL CITY COUNCIL MEETING\nTUESDAY--OCTOBER 16, 2012--6:00 P.M.\nMayor Gilmore convened the meeting at 6:03 p.m.\nRoll Call -\nPresent:\nCouncilmembers Bonta, deHaan, Johnson, and Mayor\nGilmore - 4.\n[Note: Councilmember Johnson arrived at 6:04 p.m.]\nAbsent:\nCouncilmember Tam - 1.\nThe meeting was adjourned to closed session to consider:\n(12-492) Liability Claims (54956.95); Claimant: Maria Martinez-Granata; Agency\nClaimed Against: City of Alameda\n(12-493) Conference with Legal Counsel - Anticipated Litigation; Significant Exposure\nto Litigation (54956.9); Number of Cases: One\nFollowing the closed session, the meeting was reconvened and Mayor Gilmore\nannounced that regarding Liability Claim, direction was given to staff; and regarding\nAnticipated Litigation, direction was given to staff.\nAdjournment\nThere being no further business, Mayor Gilmore adjourned the meeting at 6:40 p.m.\nRespectfully submitted,\nLara Weisiger\nCity Clerk\nThe agenda for this meeting was posted in accordance with the Sunshine Ordinance.\nSpecial Meeting\nAlameda City Council\nOctober 16, 2012", "path": "CityCouncil/2012-10-16.pdf"}