Regular Meeting
Alameda City Council
March 2, 2021 13
Mayor Ezzy Ashcraft stated the City looks at ways to mitigate risks; expressed support for implementation mitigat ing risks mo ving forward; stated cities around the Bay Area are providing the same programs as a way to help support businesses and provide a place to safely congregate; outlined a presentation from the Alameda Point Collaborative; stated Orion Street is part of the A lameda County (AC) Transit Line 96 bus route; AC Transit has requested the City not divert the bus route; the solution will not be simple ; however, staff is working toward slow streets at Alameda Point; noted many e -mails have been received in relation to an auto event at Alameda Point; expressed support for stop ping auto-centric events at Alameda Point; stated San Jose Avenue slow street is one of her favorite slow streets; noted there are fewer cars on San Jose Avenue due to slow streets; expressed concer n about removing portions of slow streets; stated more must be done to ensure slow streets are not misused; additional signage is being planned moving forward; slow streets have been well -used in Alameda and other cities; City streets are being made safer and more user friendly for all modes of transportation; expressed concern about increasing the 15 -minute limited parking spaces; expressed support for more signage directing people to parking lots; stated that she would like to continue outdoor dining with parklets in as safe a manner as possible.
Councilmember Herrera Spencer noted the staff report notates linked concrete barriers.
Councilmember Knox White moved approval of accepting staff’s recommendation on parking, slow streets, and commercial streets next steps.
Vice Mayor Vella seconded the motion.
Under discussion , Mayor Ezzy Ashcraft inquired whether the motion includes parking space limitations.
Councilmember Knox White responded that he trusts staff has heard and will implement Council direction.
Councilmember Herrera Spencer questioned whether overnight parking should be reconsidered.
On the call for the question, the motion carried by the following roll call vote:
Councilmembers Daysog: Aye; Herrera Spencer: No; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Noes: 1.
***
Mayor Ezzy Ashcraft called a recess at 10:21 and reconvened the meeting at 10:35 p.m.
***
(21-136) Public Hearing to Consider Introduction of Ordinance Amending Alameda Municipal Code Chapter 30 ( Development Regulations) to Delete Section 30 -12.2 Regular Meeting
Alameda City Council
March 2, 2021 14
Requiring a Distance Separation of 1,000 Feet Between Bars in Alameda, as Recommended by the Planning Board. Introduced.
The Planning, Building and Transportation Director gave a brief presentation.
Councilmember Herrera Spencer inquired whether there are other ways to address the matter without completely getting rid of the 1,000 -foot ordinance; expressed support for allowing three bars within the 1,000-foot limit.
The Planning, Building and Transport ation Director responded Council can revise the ordinance; stated the 1,000 -foot radius can be removed with a rel iance on the use permit process; the ordinance can be amended to allow one bar within 1,000 foot of another bar, but not two, which would disal low three bars from coinciding within 1,000 feet; staff recommends a simpler approach of relying on the permit process; the permit process provides Council with the needed discretion in the event many bars try to co - locate; Council has the ability to deny and cite negative impacts; staff considered Alameda as a whole and decided not to spread bars out every 1,000 feet across the Island; there is a desire to concentrate bars on Park Street and Webster Street ; limiting the bars to a 1,000-foot distance seems counterintuitive.
Expressed support for the change ; stated The Hunter has to move and is already located within 1 ,000 feet of Fireside ; business associations are supportive of the change: Former Councilmember Jim Oddie, Alameda.
Councilmember Daysog stated that he is not supportive of encouraging any more bars; residents on the West End have been concerned about the proliferation of bars; a number of bars are nice-looking and inviting; however, some bars could use more work; a strategy for Webster Street is needed; there has not been a discussion of co -locating or concentrating bars on Webster Street; that he will not support the recommendation; an alternative should be considered and the approach should be more tailored to the illustrative issue at hand; Webster Street has come a long way ; there are many restaurants that make an effort to be a community watering hole inviting to people of all ages; noted a new bar is slated for Atlantic Avenue and Webster Street; expressed concern about opening the floodgates to more bars on Webster Street; stated the recommendation should be tailored to keep the 1,000 -foot limit and allow the existing bar to move into a space that used to be a bar is acceptable and will allow for no net increase in the number of bars.
Mayor Ezzy Ashcraft requested clarification about whether concerns are strictly for Webster Street.
Councilmember Daysog stated the same applies to Park Street.
Councilmember Herrera Spencer moved approval of allowing Hunter to move into the space of a prior bar.
Regular Meeting
Alameda City Council
March 2, 2021 15
Councilmember Daysog seconded the motion.
Councilmember Knox White stated the discussion appears to be changing the rules for a specific business and seems problematic from a policy standpoint; expressed support for the concept of no more tha n a certain number of bars within 1,000 feet; stated the concept provides guardrails; both business districts are supportive; food and drink establishments are the future of retail; inquired whether a requirement for annual reporting can be added as a condition to the permit.
The Planning, Building and Transportation Director expressed concern about bending the rules for existing businesses , but not new businesses; stated staff can create a provision of no more than three bars in the 1,000 foot distance; responded staff could track the request should Council desire a report on nuisances or complaints generated by bars in Alameda.
Councilmember Knox White stated that he would like to ensure the conditional use permit requires for a revocation of the license should nuisance problems occur.
The Planning, Building and Transportation Director stated the condition is standard operating procedure for a use permit of a bar; the City always has the ability to revoke a use permit through an annual review process.
Councilmember Knox White stated the concerns raised can be addressed; noted that he cannot support the motion as proposed ; however, he could support a no more than three bars within a 1,000-foot distance.
Mayor Ezzy Ashcraft inquired whether applying the waiver or suspension of the rule for a single business is lawful.
The City Attorney responded Council is not legislating for single, particular businesses; stated the proposed motion has to do with existing businesses versus new; should Council adopt the motion, a first reading is not recommended; staff will return with a new first reading that will effectuate Council’s direction.
Mayor Ezzy Ashcraft inquired about adding time to the process for the applicant and whether second reading would not happen at the next Council meeting.
The City Attorney responded the matter will return sometime in April for first or second reading with the 30-day period following second reading.
Councilmember Herrera Spencer withdrew her initial motion and moved appro val of having two bars within 1,000 feet [introduction of the amended ordinance] and adding annual reporting; stated Council can revisit and look at increasing to three bars in the future.
Mayor Ezzy Ashcraft inquired whether the motion allows for a first reading.
Regular Meeting
Alameda City Council
March 2, 2021 16
The City Attorney responded in the affirmative; stated the change is minimal and is allowable for first reading.
***
(21-137) Mayor Ezzy Ashcraft stated a motion is needed to proceed past 11:00 p.m.
Councilmember Daysog moved approval of continuing the meeting until 12:00 a.m.
The motion failed for lack of a second.
Councilmember Herrera Spencer moved approval of completing only the regular agenda by 12:00 a.m.
Councilmember Daysog seconded the motion, which failed by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Knox White: No; Vella: No; and Mayor Ezzy Ashcraft: No. Ayes: 2. Noes: 3.
Councilmember Knox White moved approval of hearing the rest of the agenda, ending at 11:59 p.m. and any matter not hea rd will be placed on a special meeting agenda on March 9th at 7:00 p.m.
Vice Mayor Vella seconded the motion, which failed by the following roll call vote:
Councilmembers Daysog: No; Herrera Spencer: No; Knox White: Aye; Vella: Yes; and Mayor Ezzy Ashcraft: No. Ayes: 2. Noes: 3.
***
Councilmember Daysog seconded the motion.
Under discussion, Councilmember Daysog stated that he would like the more restrictive motion proposed earlier; the current motion is an alternative and poses less concerns , but is not ideal; Council can consider adding a third bar in the future with a potentially larger strategy for business districts; expressed support for the motion.
Mayor Ezzy Ashcraft expressed support for looking to strategies which help business districts deve lop; stated the use permits provide a good safeguard; noted the motion adds an additional requirement of annual reporting; stated Hunter has received rave reviews and has great amenities which helps attract people to Webster Street.
Councilmember Knox Wh ite stated there are non -compliant bars on Webster Street; inquired whether the City will run into a problem where other locations have more than two bars within 1,000 feet of each other.
The Planning, Building and Transportation Director responded in th e negative; stated staff will look into the matter; the 1,000-foot distance only addresses bars, not taverns or restaurants; staff has not received an application for a bar in a long time; should a Regular Meeting
Alameda City Council
March 2, 2021 17
problem arise from review, staff will not bring the matter back for second reading.
Councilmember Knox White expressed support; stated three bars could be the magic number; however, two is fine; expressed support for a future broader conversation including cannabis.
Vice Mayor Vella stated the other bar is loc ated at Lincoln Avenue and Webster Street; the location should be looked into; inquired whether the same assessment is to be performed on Park Street as well to ensure compliance.
The Planning, Building and Transportation Director responded staff is not looking to changing the location of existing bars; stated there are currently bars within 1,000 feet of each other; the restriction applies to new bars; noted the limit of two bars within 1,000 feet will not work based on input from staff; stated Wally’s C orner, Fireside and Hunter will all be within 1,000 feet of each other.
Councilmember Herrera Spencer stated that she is willing to modify her motion; expressed concern about allowing three bars within the space creating a total of five bars on the block of Webster Street.
The Planning, Building and Transportation Director responded a motion for three bars will solve the distance issue and allow all three businesses to remain.
Councilmember Herrera Spencer modified her motion to approve no more than t hree [bars] within 1,000 feet of each other [introduction of an amended ordinance] and annual review of the use permit.
The Planning, Building and Transportation Director stated the annual reporting will be a requirement of all new bars.
Councilmember Daysog stated the distance between Wally’s and Fireside needs to be evaluated.
The Planning, Building and Transportation Director expressed concern about the turnaround time.
Councilmember Knox White seconded the motion.
Under discussion, Councilmemb er Herrera Spencer noted the distance between Fireside and Wally’s.
Vice Mayor Vella noted Fireside is between Wally’s and Hunter causing the distance issue.
On the call for the question, the motion carried by the following roll call vote:
Councilmembers Daysog: No; Herrera Spencer: Aye; Knox White: Aye; Vella: Aye; and Regular Meeting
Alameda City Council
March 2, 2021 18
Mayor Ezzy Ashcraft: Aye. Ayes: 4. Noes: 1.
(21-138) Recommendation to Consider Options for the Alameda Police Department's Emergency Response Vehicle. Not heard.
CITY MANAGER COMMUNICATIONS
(21-139) The City Manager announced the upcoming one -year anniversary of the COVID-19 pandemic; stated the March 16 th Council meeting will include the report from the community -led committees; staff will provide perspective and Council will provide direction on moving forward.
ORAL COMMUNICATIONS, NON-AGENDA
(21-140) Vinny Camarillo, Alameda, discussed his concerns about violence against Asian Ame ricans and being verbally attack ed; stated more attention is needed regarding the matter.
(21-141) Me lodye Montgomery, Alameda, expressed concern about releasing the names of people interested in serving on the Park Renaming and Police Reform subcommittees; stated the location where the names were released is concerning; expressed concern about the releas e of youth names; stated the City Council is responsible for protecting citizens.
COUNCIL REFERRALS
(21-142) Consider Establishing a New Methodology by which the Number of Housing Units are Calculated for Parcels Zoned C -2-PD (Central Business District with Planned Development Overlay). Not heard. (Councilmember Daysog)
(21-143) Consider Directing Staff to Provide an Update on a Previously Approved Referral regarding Free Public WiFi throughout the City. Not heard. (Councilmember Spencer)
(21-144) Consider Directing Staff to Extend Webster Street Physical Improvements/ Beautification. Not heard. (Councilmember Daysog)
(21-145) Consider Directing Staff to Review an “Adopt a Spot” Traffic Triangle, Traffic Circle and Traffic Corners Program. Not heard. (Councilmember Daysog)
(21-146) Consider Adoption of Urgency Ordinance or Introduction of Ordinance Amending the Alameda Municipal Code by Adding Section 4 -61 (Grocery Worker Hazard Pay) to Require Large Grocery Stores in Alameda to Pay Employees an Additional Five Dollars ($5.00) per Hour in Hazard Pay during the Novel Coronavirus (COVID-19) Pandemic and to Include Enforcement of Emergency Hazard Pay to Grocery Employees. Not heard. (Vice Mayor Vella and Councilmember Knox White)