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1999-10-19 Special and Regular CC MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -OCTOBER 19, 1999- -7:15 P.M. Mayor Appezzato convened the Special Meeting at 7:15 p.m. Roll Call - Present: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. Absent: None. The Special Meeting was adjourned to Closed Session to consider: (99-520) Conference with Legal Counsel - Anticipated Litigation; Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9; Number of Cases: One. Following the Closed Session, the Special Meeting was reconvened and Mayor Appezzato announced that the City Council gave instructions to Legal Counsel. Adjournment There being no further business, Mayor Appezzato adjourned the Special Meeting at 7:20 p.m. Respectfully submitted, D1T e B. Felsch, CMC City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council October 19, 19999 MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -OCTOBER 19, 1999- -7:30 P.M. Mayor Appezzato convened the Regular Meeting at 7:35 p.m. Vice Mayor Daysog led the Pledge of Allegiance. Reverend Myong Bae Choi, Alameda Korean Presbyterian Church, gave the Invocation. ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (99-521) Mayor Appezzato announced the City has been negotiating with Doric Development to sell the 10 acres of land [at Harbor Bay Business Park] purchased by the City six years ago; escrow has closed and the money is back in the Traffic Improvement Fund. (99-522) Presentation of Certificates of Service to: Ed Trevethan, former Golf Commission Chair; and Gail Wetzork, former Recreation Commission Chair. Mayor Appezzato presented Certificates to Ed Trevethan for his service on Golf Commission and to Gail Wetzork for his service on the Recreation Commission. (99-523) Presentation on Smart Healthy Babies Work Group Community Assessment 1998-99. The Neighborhood Development Manager gave a presentation on the highlights and findings of the Community Assessment. Vice Mayor Daysog commented on the importance of the Community Assessment; stated the City should begin to think of creative ways to fund raise, for example a utility company [in another City] began a "Round Up" program; customers round up payments to the nearest dollar and the excess change goes into a community chest as a donation; suggested perhaps the City could look into having Alameda Power & Telecom do something similar; further stated there will be a follow up Assessment to measure progress. (99-524) Presentation of the Historic Park Street Commercial District Brochure by the Historical Advisory Board (HAB). Regular Meeting Alameda City Council October 19, 1999 HAB Member Nancy Gill gave a brief history on the development of the Brochure; thanked everyone who worked on the project; and presented copies to Council. CONSENT CALENDAR Mayor Appezzato announced the recommendation to approve the Preferred Design Alternative for Jackson Park Phase I Improvements [paragraph No. 99-526] was removed from the Consent Calendar for discussion. Vice Mayor Daysog moved approval of the remainder of the Consent Calendar. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*99-525) Minutes of the Special and Regular City Council Meetings held on October 5, 1999, and Minutes of the Special Joint City Council, Alameda Reuse and Redevelopment Authority, Community Improvement Commission and Housing Authority Board of Commissioners Meeting and the Special City Council Meeting held on October 6, 1999. Approved. (99-526) Recommendation to approve Preferred Design Alternative for Jackson Park Phase I Improvements. Christopher Buckley, Alameda Architectural Preservation Society, urged Council to adopt the staff recommendation to pursue Option 3: restoration of the bandstand structure in Jackson Park; stated at one point, the structure was proposed for demolition; staff and a consultant reviewed options and came up with four alternatives; at a community meeting, strong consensus was to pursue restoration. Councilmember Kerr inquired whether the structure of the first story would be strong enough to support use of the second story in Option 3 versus Option 4. The Public Works Director responded Option 3 will actually lift up to roof and create the bandstand effect, however, the second floor will not be accessible; Option 4 would provide for one story with new structural beams to allow the roof to be raised in the future; Option 4 is more expensive than Option 3. Councilmember Kerr inquired whether Option 3 will make the first story structurally strong enough to support the occupation of the second story. The Public Works Director responded in the affirmative; stated the bandstand will be restored; there is not enough money to provide Regular Meeting Alameda City Council October 19, 1999 ADA access to the second story; in the future staff will request either ADA requirements be waived or a grant to provide ADA access be sought. Councilmember Kerr stated that she wanted to ensure the structure would be not be a safety hazard. Councilmember DeWitt stated the project has been in the works for sometime; citizens donated $5,000. Councilmember DeWitt moved approval of Option 3 [restoration of the existing structure to its former bandstand form by raising the roof and adding a second level]. Councilmember Kerr seconded the motion. Under discussion, Councilmember Kerr outlined the history of the project, including funding. Mayor Appezzato commented on funding for City Park projects. On the call for the question, the motion carried by unanimous voice vote - 5. (*99-527) Recommendation to accept the work of Anderson Pacific Engineering Construction, Inc. for Main Street Pump Station Improvements, No. P.W. 06-98-16. Accepted. (*99-528) Recommendation to approve converting part-time Intermediate Typist Clerk position to a full time position for the Planning Department. Accepted. (*99-529) Recommendation to authorize execution of Contract between the California Department of Boating and Waterways and the City of Alameda for purchase of one (1) Police Patrol Boat and Trailer. Accepted. (*99-530) Resolution No. 13150, "Authorizing Execution of State- Local Entity Master Agreement No. FBD-5014, and Program Supplement No. 013 for Main Street Ferry Terminal Parking Lot Expansion No. P.W. 09 99-23." Adopted. (*99-531) Ratified bills in the amount of $2,685,010.93. REGULAR AGENDA ITEMS (99-532) Public Hearing to consider a ten-month and fifteen-day Extension of Emergency Ordinance establishing a City-wide moratorium on the issuance of building, zoning, occupancy and other permits for the establishment or expansion of activities devoted primarily to the sale or exchange of tobacco-related products; Regular Meeting Alameda City Council October 19, 1999 recommendation of support from Planning Board; and (99-532A) Urgency Ordinance No. 2813, "Repealing Ordinance No. 2805 and Establishing a Ten-Month Fifteen-Day Moratorium on the Establishment or Expansion of Activities Devoted Primarily to the Sale or Exchange of Tobacco-Related Products." Adopted. Mayor Appezzato opened the Public Hearing. Proponents Cathryn Villasenor, Oakland; Jerome Feitelberg, Alameda; and Jerilyn Feitelberg, Alameda. Opponents None. There being no further speakers, Mayor Appezzato closed the public portion of the Hearing. Mayor Appezzato stated litigation may be introduced contrary to actions the City takes this evening. Councilmember Johnson moved adoption of Urgency Ordinance. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. (99-533) Public Hearing to consider a ten-month and fifteen-day Extension of Emergency Ordinance establishing a City-wide moratorium on the issuance of building, zoning, occupancy and other permits for the establishment or expansion of Check Cashing establishments; recommendation of support from Planning Board, and (99-533A) Urgency Ordinance No 2814, "Repealing Ordinance No 2804 and Establishing a Ten-Month Fifteen-Day Moratorium on the Establishment or Expansion of Check Cashing Businesses." Adopted. Mayor Appezzato opened the public portion of the Hearing. Opponent Mike Bonnifield, California Check extension of the to the Mayor and letter outlines record, he would Andersen, Bonnifield, & Couttle, Legal Counsel for Cashing, stated California Check Cashing opposes moratorium; the reason for opposition was provided Council in a letter dated September 27, 1999, said twelve reasons; if the letter is not part of the read it to enter it into the record. Mayor Appezzato requested Mr. Bonnifield to provide the letter to the City Attorney and City Clerk to be made part of the record. Regular Meeting Alameda City Council October 19, 1999 Legal Counsel Bonnifield further stated California Check Cashing has been in business on Webster Street for ten years; California Check Cashing is not affiliated with the Cigarette Store; they are two separate tenants with two separate owners; that he understands the cigarette store has dropped any plans to lease space; upon obtaining a certificate of zoning compliance, California Check Cashing acquired a five -year Lease at approximately $4800 in rent per month; said rent is being paid currently and the store cannot be opened; a provision of the Lease requires the business to use the facility only as a check cashing store; no other use is permitted; essentially, the owners are incurring damages at the rate of $4800 per month plus profit [ loss]; this is a vested rights issue, among other items listed in the September 27th letter; at this time, it is unfair to make new requirements; according to the public record and the prior speaker, opposition has been related to check cashing stores° excessive charges; there is only one other check cashing store in Alameda - -the California Check Cashing store on Webster Street; the other stores are check advance stores; said stores are essentially loan stores which loan money based upon customers ability to receive checks; cash advance stores do not cash checks; if an individual has a check and does not have an account at Bank of America or Wells Fargo, there is no place to cash the check in the City of Alameda; people must have accounts to receive electronically transferred Social Security checks; if a person does not have an account, California Check Cashing sets up an account with the ability to receive said funds; the business performs a function for people who do not have bank accounts at City of Alameda banks; charges, which a check cashing store can charge, are set by code; State of California statutes assign how much stores can charge, most articles on excessive charges are about other States, not the State of California; the maximum charge for a $100 check is around 3 %; charges are not excessive; the store gives certain people the ability to cash checks; California Check Cashing is opposed to and believes the moratorium is directed at their company; it does not oppose the moratorium in principle, just because it effects business, if Council voted to institute the moratorium and provide California Check Cashing an exemption, California Check Cashing would not oppose the moratorium. Mayor Appezzato inquired whether or not California Check Cashing is affiliated with Cigarettes Cheaper, and whether or not Cigarettes Cheaper is going into the facility. Legal Counsel Bonnifield responded that he Cigarettes Cheaper; however, he spoke with understands their store is not going in. Mayor Appezzato inquired if the landlord gave Cheaper. Regular Meeting Alameda City Council October 19, 1999 does not represent their attorney and a lease to Cigarettes Legal Counsel Bonnifield stated that he does not believe so; their attorney has not appeared at any hearings; from their attorney, he understands they are not going into that facility. Mayor Appezzato stated Mr. Bonnifield must understand why the City is taking the action; inquired how many stores of a particular type can a City absorb. Legal Counsel Bonnifield stated as a check cashing facility, the only check cashing store is California Check Cashing on Webster Street; in a ten year period of time, the number of stores would go from one to two; other stores do not cash checks; check advance services require patrons to show they have jobs and the ability to receive checks; stores give advances on checks; if a person were going to receive a $500 check from a job, the store would give $500 today at a rate of approximately 15% for the service; said stores give checks, not cash; patrons must take checks to banks or California Check Cashing to cash checks; if the moratorium is instituted, there would be only one check cashing store in Alameda; there are poor and elderly people who do not have the ability to cash or receive checks, e.g. Social Security electronic transfer check; certain people cannot get bank accounts, e.g. Bank of America will not set up an account for people who previously closed a bank account; the idea is to have two facilities, one on the West End and one on the East End. Mayor Appezzato stated if the moratorium is passed, California Check Cashing will have a monopoly. Councilmember Johnson inquired whether the California Check Cashing store is on Webster Street, to which Legal Counsel Bonnifield responded in the affirmative. Councilmember Johnson inquired whether Mr. Bonnifield knows anything about the facility at Marina Village. Legal Counsel Bonnifield responded that according to his client, all other facilities are check advance facilities. Councilmember Johnson inquired whether California Check cashing does advances, to which Mr. Bonnifield responded in the affirmative. In response to Councilmember Johnson's inquiry whether California Check Cashing is affiliated with any other stores in Alameda, Legal Counsel Bonnifield stated California Check Cashing does not have any affiliation with any of the three check advance services set up in Alameda; none are related to California Check Cashing in any way. Councilmember Johnson inquired whether the business has affiliation Regular Meeting Alameda City Council October 19, 1999 with any other check cashing services outside Alameda. Legal Counsel Bonnifield responded in the affirmative; stated the owners have a number of check cashing stores all under the name of California Check Cashing. In response to Councilmember Johnson's further inquiry on the type of permit required to operate check cashing business, Legal Counsel Bonnifield stated that he did not know. Councilmember Johnson inquired whether the permit is under California Check Cashing, to which Legal Counsel Bonnifield responded in the affirmative. Mayor Appezzato requested the City Manager to provide an Off Agenda Report on types of check cashing facilities. Legal Counsel Bonnifield stated the owners have a number of stores; that he does not know how many or exact locations; that his office is in Concord and there are one or two stores in Concord. Councilmember Johnson stated most opposition to the check cashing business was not based on excessive charges. Proponent Rob Ratto, Executive Director, Park Street Business Association. Mayor Appezzato closed the public portion of the Hearing. Vice Mayor Daysog stated the issue is not: 1) whether the store would be a check cashing or check advance place; or 2) the vision of Park Street; the matter is the availability and capacity to have full service financial institutions to assist residents and businesses in the area; part of the visioning process should include types of financial institutions needed. Councilmember Johnson moved adoption of Urgency Ordinance. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. (99-534) Public Hearing to consider the cost of nuisance abatement on property at 1310 Pacific Avenue, Alameda, California, and impose a special assessment on the property; and (99-534A) Resolution No. 13151, "Confirming the Costs of Abatement on Property at 1310 Pacific Avenue, Alameda, California and Imposing a Special Assessment Lien." Adopted. Mayor Appezzato opened the Public Hearing. Regular Meeting Alameda City Council October 19, 1999 Opponent Harold Haun, owner 1310 Pacific Avenue. Proponents None. There being no further speakers, Mayor Appezzato closed the public portion of the Hearing. Mayor Appezzato requested the City Manager to continue to work with Mr. Haun. Councilmember DeWitt moved adoption of Resolution. Vice Mayor Daysog seconded the motion. Under discussion, Councilmember Kerr requested pictures [of 1310 Pacific Avenue] be placed on file in the City Clerk's Office, rather than made part of the public packet in the future. On the call for the question, the motion carried by unanimous voice vote - 5. (99-535) Recommendation to authorize the Mayor to sign a letter on behalf of the City Council encouraging the owner(s) of 2445 Shoreline Drive to comply with the Rent Review Advisory Committee's (RRAC) recommendations regarding rent increases. Peter Davis, RRAC Chair, stated the case was brought to the City Council because it is an egregious case; the property is large and impacts a large number of tenants; tenants were subject to an increase of $100 per month; then, 30 days later, were subjected to another increase of $200 per month; the rent increase pattern did not make economic or social sense and did not have attributes of fairness; it took four months to get the landlord to appear before the RRAC; the owner refused to acknowledge whether or not she would agree with recommendations, and stated she would have to speak to partners and get back to the RRAC in 7 days; there has been no communication since; therefore, the case needs Council involvement. Councilmember Kerr stated the rent increases have been egregious; the City had a hard time identifying the owner; inquired whether Margaret Tam finally attended a RRAC meeting. Chair Davis stated correspondence became compliance oriented to get someone with authority to appear at a RRAC Meeting; Margaret Tam showed up with the property manager; Ms. Tam claimed that she was out of the country and the property was under-managed during her absence; she came back to town after the on-site manager increased the rent by $100, thought the increase was not enough, and ordered the additional $200 per month increase; there is confusion as to Regular Meeting Alameda City Council October 19, 1999 who owns the property; however, Margaret Tam seems to be the property owner, or at least the controlling owner of interest, at this time. Councilmember Kerr requested an Off Agenda Report on the City's business license for 2445 Shoreline Drive, including name(s) of property owner(s). Councilmember Kerr inquired whether the Code Compliance Officer had been requested to visit the property, to which Mr. Davis responded the RRAC did not make said request. Mr. Davis further stated the request is appropriate; if people have to pay these kinds of rent, they deserve to live in a place with no Code violations. Councilmember Kerr requested the Acting City Attorney to advise Council whether the motion could include asking the Code Compliance Officer to visit the property, to which the Acting City Attorney responded in the affirmative. Councilmember Johnson inquired who the owner is according to the [County] Recorder's Office, to which RRAC Chair Davis responded said information would be included in Off Agenda Report. Mayor Appezzato stated that he would send the letter encouraging compliance to more than one person if necessary. Councilmember Kerr moved approval of the staff recommendation with the addition that the City's Code Compliance Officer visit the site Councilmember Johnson seconded the motion; stated the Mayor should express, on behalf of the Council, great dissatisfaction with property owner(s) non-cooperation. Councilmember Kerr concurred. On the call for the question, the motion carried by unanimous voice vote - 5. * * * Mayor Appezzato called a recess at 8:55 p.m. and reconvened the Regular Meeting at 9:10 p.m. * * * (99-536) Introduction of Ordinance: Notice of Intent to Exercise Option to Purchase Alameda Belt Line Railroad. Introduced. Councilmember Johnson moved introduction of the Ordinance. Councilmember Kerr seconded the motion. Regular Meeting Alameda City Council October 19, 1999 Under discussion, Councilmember DeWitt stated a letter from the Attorney for the Belt Line requested sixty-day postponement; the recommendation is to give one-year notice that the City is interested in purchasing the property; requested the Acting City Attorney to address whether or not the City should grant the postponement. The Acting City Attorney stated that the sixty-day delay is not recommended. Mayor Appezzato stated a 1924 Ordinance indicates the City may have an option to purchase the property; the City is taking action to investigate whether the Ordinance has validity; lawyers from both sides will be working on the matter; other actions regarding the site will be taken over the next ten months, including a ballot initiative. The Acting City Attorney stated under the Ordinance and Franchise Agreement, the City has an option to purchase the original property, as well as any extensions to the Belt Line Property at the original price for which the property was acquired by the Belt Line; however, under the terms of the Ordinance and Franchise Agreement, the City is required to give one-year notice of its exercise of the option; said notice must be in the form of an Ordinance. On the call for the question, the motion carried by unanimous voice vote - 5. (99-537) Ordinance No. 2815, "Approving and Authorizing the City Manager to Negotiate and Execute a Lease Agreement Between the City of Alameda and East Bay Regional Park District for Use of 5.78 Acres of Land at Crown Memorial State Beach for a Dog Exercise Area." Finally passed. Councilmember Johnson moved final passage of the Ordinance. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. (99-538) Ordinance No 2816, "Amending the Alameda Municipal Code by Amending Section 2-7 (City Recreation Commission); Subsection 2- 7.1 (Commission Created; Purpose) of Section 2-7 (City Recreation Commission); Section 2-9 (City Golf Commission); Subsection 2-30- 1(f) (Appointments of Heads of Departments) of Section 2-30 (Departmental Organization), of Article III (Departments, Offices and Bureaus) of Chapter II (Administration) and Subsection 23-1.5 (Hours of Public Use of Parks) of Section 23-1 (Parks and Squares), Chapter XXIII (Parks, Recreation Areas and Public Property); for the Purpose of Renaming the Recreation Commission to Recreation and Park Commission." Finally passed. Regular Meeting Alameda City Council October 19, 1999 Councilmember DeWitt moved final passage of the Ordinance. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON-AGENDA None. COUNCIL COMMUNICATIONS (99-539) Councilmember Kerr stated a State of California Constitutional Amendment requires that the State spend a certain percentage of its General Fund on education; in 1992, the State began the Educational Revenue Augmentation Fund (ERAF) shift and started taking a large portion of municipal property taxes; an article in the Chronicle newspaper discussed local government taking the State to court on the basis that property taxes were being taken illegally; counties and local governments should get back billions of dollars; a judge in Sonoma County ruled that the State owes local governments said money; the State action has costed the City of Alameda about $3 Million per year; when the State started taking money in 1992, library hours were cut or libraries were closed completely; there may be hope the City of Alameda will begin collecting $3 Million in property taxes again. Mayor Appezzato commented on said money returning to local governments. (99-540) Vice Mayor Daysog stated an article in the Alameda Journal newspaper discussed Trader Joe's [store] looking into Alameda; Oakland is also interested in Trader Joe's; requested a background [off agenda] report on the status of said matter; stated the City should use any necessary resources to get Trader Joe's to come to Alameda. (99-541) Councilmember Johnson stated Sunday was the tenth anniversary of the Loma Prieta earthquake; presentation(s) on disaster preparedness might be appropriate at a series of Council Meetings, including a comprehensive presentation of the City's Disaster Preparedness Plan by each department involved. Mayor Appezzato suggested a short presentation be given under Special Orders of the Day and a meeting similar to the Y2K Meeting be held. Councilmember Johnson stated it is good for the public to be aware; suggested staff start with a summary. The City Manager stated staff can provide an Off Agenda Report which includes the basic elements of the Emergency Operations Plan; Regular Meeting Alameda City Council October 19, 1999 the Fire Chief is responsible for said plan; also, staff could prepare a fifteen to twenty minute Power Point presentation to address Councilmember Johnson's concern. Mayor Appezzato stated there could be a series [of presentations] at Council Meetings. Councilmember Johnson stated there has not been an earthquake on the major fault close to Alameda; experts are saying when, rather than if, an earthquake is going to occur. ADJOURNMENT There being no further business, Mayor Appezzato adjourned the Regular Meeting at 9:23 p.m. Res ectfully submitted, D ne B. Felsch, CMC City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council October 19, 1999