pages: CityCouncil/2012-07-24.pdf, 10
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CityCouncil | 2012-07-24 | 10 | rain for Alameda is 24" per year; players would be able to leave the cart paths within two days of typical rain. Mayor Gilmore stated the requirement is important because drainage is a consistent complaint; standards should be included to define satisfaction. Mr. Kelly stated fixing the drainage is relative and difficult to define; questioned what the standard would be in the event of an El Niño Year; stated players would be able to go off the cart paths within two to three days of heavy rain in a standard year. Mayor Gilmore stated that she is excluding extreme conditions, such as El Niño years; the standard in a typical year should be defined; better drainage is wanted for average rainfall years. Mr. Kelly stated that he would talk to his partners; he believes Greenway would agree to an amendment to define normal year standards. Mayor Gilmore stated the language currently reads "to the satisfaction of the City" and does not exclude El Niño years. The City Attorney inquired what section of the Lease is being discussed, to which Mayor Gilmore responded the termination clause. Councilmember Tam read Section 7.4. The City Manager stated the language in the actual Lease reads "reasonable satisfaction of the City" to allow flexibility; setting a standard is difficult. Councilmember Tam stated reasonableness should be defined so the City is not viewed as arbitrary and capricious; the language would not have to be specific. Mayor Gilmore stated that she is happy to let the City Attorney and Greenway resolve the matter. Mr. Kelly stated neglecting drainage after making major improvements and spending a considerable amount of money would not be smart; the City should have some comfort that Greenway intends to fix the drainage Urged Council to approve the lease and allow the City Attorney to negotiate revisions on the items discussed: Jane Sullwold, Alameda. Councilmember deHaan moved introduction of the ordinance with amendments to the Lease. Councilmember Johnson inquired whether there is a provision covering liability in case revenues are lower and expenses are higher than projections. Regular Meeting Alameda City Council 10 July 24, 2012 | CityCouncil/2012-07-24.pdf |