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1995-08-01 Regular CC MinutesMINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL AUGUST 1. 1995 The meeting convened at 7:37 p.m. with Mayor Appezzato presiding. The Pledge of Allegiance was led by Councilman Arnerich. ROLL CALL - Present: Absent: 4. CONSENT CALENDAR Councilmembers Arnerich, DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 5. None. President Appezzato announced that the following Items were pulled for public discussion: 4-B (95-488) [Report from the Director of the Alameda Reuse and Redevelopment Authority recommending authorization for the Mayor to travel to Washington, D.C. the week of August 7, 1995 to discuss interim leases with the Navy]; 4-C (95-490) [Report from Community Development Director recommending Opposition to Proposal Limiting Local Control and Funding of the Community Development Block Grant (CDBG) Program]; and 4-F (95-491) [Report from Public Works Director recommending Award of Contract in the amount of $203,607 (Base Bid Plus Alternates 1, 3, 4, 5, 6, 7, 8, 9 and 10% Contingency) to Fox Construction for Construction of Tenant Improvements at 1701 Webster Street, No. P.W. 06-95-13]. Mayor Appezzato also announced that Item 5-H (95-483) [Resolution Declaring the Property Located at 1310 Pacific Avenue a Nuisance and Ordering its Abatement] was continued to September 5, 1995. Vice Mayor Mannix moved approval of the remainder of the Consent Calendar. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. (*95-484) Minutes of the Special Council Meeting of July 18, 1995; and Regular Council Meeting of July 18, 1995. Approved. (*95-485) Report from Finance Director recommending adoption of Specification No. MSP 7-95-1, Tow Contract for the Police Department. Accepted. (*95-486) Report from Finance Director regarding Sales Tax for period ending June 30, 1995. Accepted. Regular Meeting, Alameda City Council August 1, 1995 ( *95 -487) Bills, certified by the City Manager to be true and correct, were ratified in the sum of $1,970,980.54. Approved. (95 -488) Report from the Director of the Alameda Reuse and Redevelopment Authority recommending authorization for the Mayor to travel to Washington, D.C. the week of August 7, 1995 to discuss interim leases with the Navy. Accepted. Don Bergen, Alameda, stated that when the Mayor goes to Washington, D.C. he would like him to consider the fifteen percent of jobs and new companies to relocate at the base; and that he does not believe any company can be forced to hire people that are unqualified. Neil Patrick Sweeney, Alameda, requested the Mayor to acquire funding for environmental toxic clean -up at the Naval Air Station. President Appezzato stated that Item 3 -A was inadvertently skipped over, and invited members of the Park Street Business Association to give their presentation. 3. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY (95 -489) Presentation by the Park Street Business Association on the occasion of the Annual Art and Wine Fair. Presented. John Abrate, President, Park Street Business Association, introduced Gail Olaysen, Project Manager; he stated that it is the Association's eleventh annual fair; that the City Council, City employees and citizens are invited to attend; and that in appreciation for the assistance received by the City, the Association would like to present the City Council, City Manager and City Attorney with collectible Art & Wine glasses. The City Council thanked the Park Street Business Association for its thoughtfulness. Neil Patrick Sweeney, Alameda, stated that friends and relatives should be invited to attend the fair, to dine at local restaurants and to visit business establishments. Discussion resumed on Item 4 -B [Report from the Director of the Alameda Reuse and Redevelopment Authority recommending authorization for the Mayor to travel to Washington, D.C. the week of August 7, 1995 to discuss interim leases with the Navy]. President Appezzato stated that he is going to Washington, D.C. with a staff member from Congressman Dellum's Office, the Executive Director of the Alameda Reuse and Redevelopment Authority, and members of AEG Corporation; that they will be meeting with the Regular Meeting, Alameda City Council August 1, 1995 :).68 Councilmember Lucas moved acceptance of the written communication. Councilman Arnerich seconded the motion. Under discussion, Councilmember DeWitt stated that the Webster Street Business Association and the Department of Community Development should work with Mr. Fang to help promote Mr. Fang's business. The motion carried by unanimous voice vote - 5. 5 -B. (95 -493) Public Hearing to consider the adoption of an Interim Ordinance No. 2697 "Establishing a 45 -Day Moratorium on the Establishment and Operation of New Convenience Stores Operating During Certain Night Hours and New Fast Food Restaurants." Introduced and adopted, as amended. President Appezzato opened the public portion of the public hearing. The following persons addressed the City Council in support: Gerhard Degemann, Alameda. Thomas Jordan and Walt Jacobs, Homeowners Association of the Community of Harbor Bay. The following persons addressed the City Council in opposition: Ed Clark, President, West Alameda Business Association. John Abrate, President, Park Street Business Association. Heidi Finberg, President, Greater Alameda Business Association (GABA) Bill Garvine, Alameda Chamber of Commerce. Arjang Sohrabi, Director, Burger King. Shirley Nelson, Tanning Salon, Webster Street. Harvey Rosenthal, Board of Directors, Webster Street Business Association, representing Neptune Plaza. Councilmember Lucas stated that the City Council is considering a temporary moratorium, and a final ordinance in thirty days; and, in the meantime, wants to prevent certain types of businesses going in, e.g. liquor stores. Councilmember DeWitt stated that the City of Alameda is not anti - business; that he would like to see the residents of Alameda have the ability to act on what types of businesses go into their area; and that the City should work with the business community to define fast foods. Councilmember Lucas stated that fast food businesses need to be controlled in the neighborhoods where they are located, and that is why she wants a moratorium. Regular Mating. Alain.la City Council August I, 1995 9 Vice Mayor Mannix stated that it is imperative the ordinance have input from the business associations, interested homeowners' associations, and the Chamber of Commerce; that he would like the two issues separated: 1) a moratorium on convenience/liquor stores; and 2) an ordinance drafted as quickly as possible dealing with fast food restaurants. Councilmember DeWitt stated that he would be willing to split the two issues, if he had assurance that a fast food restaurant will not go in while the City is working on the matter. President Appezzato stated that it will take 35 to 40 days to draft the ordinance, and the goodwill of the business community to work with the Council. Thomas Jordan, Homeowners Association for the Community of Harbor Bay Isle, stated that the Association is committed to working with the City staff and City Council to draft something that responds to the needs that the Association observed and also heard expressed in other local neighborhoods. Walt Jacobs, President, Homeowners Association for the Community of Harbor Bay Isle, stated that the issue is public input; that he believes the moratorium offers the City an opportunity to be proactive and get the job done quickly; and that he is looking for an ordinance which states commercial zoning requires public input and Use Permits. President Appezzato closed the public portion of the public hearing. Councilman Arnerich moved that Council approve a moratorium until the first Council Meeting in September, with a proviso that the moratorium include both fast food restaurants and convenience/liquor stores; that input be received from the business associations, Chamber of Commerce and interested residents at the public hearing; and that a draft ordinance be brought back to the City Council. Councilmember Lucas seconded the motion. Under discussion, Councilmember Lucas stated that a 35-day moratorium would be a benefit and provide control. The motion failed by the following roll call vote: Ayes: Councilmembers Arnerich and Lucas - 2. Noes: Councilmembers DeWitt, Vice Mayor Mannix and President Appezzato - 3. Abstentions: None. Regular Meeting, Alameda City Council August 1, 1995 270 Vice Mayor Mannix moved that a moratorium be applied to convenience stores; and that an ordinance dealing with fast food restaurants be drafted during the 45-day period, with the business associations and the Chamber of Commerce. President Appezzato inquired whether Vice Mayor Mannix would include gas stations with convenience/liquor stores. Vice Mayor Mannix responded in the affirmative. Councilmember Lucas seconded the motion. The motion carried by the following roll call vote: Ayes: Councilmembers Arnerich, DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 5. Noes: None. Abstentions: None. (95-494) Public Hearing to consider Resolution No. 12679 "Approving Engineer's Report, Confirming Diagram and Assessment and Ordering Levy of Assessments, Island City Landscaping and Lighting District 84-2." Adopted. President Appezzato opened the public portion of the public hearing. Due to no speakers, President Appezzato closed the public portion of the public hearing. Councilmember Lucas stated that trees should be considered for Zone 1 [Lincoln Avenue between Sherman and St. Charles Streets]. Councilman Arnerich moved adoption of the Resolution. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. (95-495) Report from Assistant City Manager regarding recommendations for a 1996 Library Ballot Initiative and related projects and Appropriating $37,500 for Value Engineering Review and Architectural Expenses. Accepted. Christopher Buckley, Alameda Victorian Preservation Society (AVPS), gave an overview of the document written to the Mayor regarding the library project's next steps, and referred to the following concerns: 1) Inclusion of seismic retrofit and rehabilitation of the Carnegie Building in the bond measure; 2) A separate account or similar mechanism for Carnegie Building rehabilitation in the Bond Measure; and 3) Modification of the currently proposed exterior elevations of the Linoaks library to be more sympathetic with the existing Civic Center; and further stated that some alternative provisions for parking at the Alameda Theater is going to have to be identified due to displaced parking at the new library. Regular Mecting, Alameda City Council August 1, 1995 771 In response to Councilmember Lucas' inquiry regarding AVPS's position regarding a funding mechanism, Mr. Buckley stated that AVPS supports a voter-approved benefit assessment district which requires simple majority for approval that includes provisions for the seismic retrofit and rehabilitation of the Carnegie Building, President Appezzato stated that his initial concern is the construction of a new library; that he looks forward to the Committee's recommendation regarding the number of bond issues; and that his biggest concern is the size of the bond issue. Gerhard Degemann, Alameda, requested that the Assistant City Manager provide an overview of the matter. The Assistant City Manager reviewed the recommendations for a 1996 library ballot initiative and related projects. President Appezzato stated that all interested groups/boards should be allowed to participate in campaign efforts in support of a library initiative. Honora Murphy, President, Friends of the Alameda Free Library (FRIENDS), stated that it was the group's opinion that only two of the four issues should be placed on the ballot initiative: A) Library - $15.5 million (contingent on value engineering review) and B) Carnegie seismic upgrade - $3.1 million; that the remaining two issues: C) Parking structure (Oak Street, Santa Clara to Central) - $5.7 million, and D) Residential and Commercial revolving loan program for seismic upgrades and hazardous cleanup - $1.1 million, needs to be dealt with separately; that it was her hope that after completion of the value engineering review, the actual cost of the library would then be known and that Council could use the same funding mechanism to retrofit the Carnegie Building that was used to retrofit Alameda City Hall; that the group has proposed to pay the cost of a citizen poll conducted by Tramutola Company to determine the financial level voters would support; that it was the group's hope to have the library ballot measure on the March, 26, 1996 Ballot; that a kick-off party is planned for September 18, 1995; and urged Council to approve the value engineering review proposal. Gerhard Degemann, Alameda, stated that the City needed a library; that he was in support of a ballot initiative for the library; that if a bond issue is approved, Council must ensure that those funds are used only for the purpose that it was approved and no other; that previously, a bond issue was approved and funds were diverted for other purposes; and that the proposed bond issue should not be for an excessive amount. Regular Meeting, Alameda City Council August 1, 1995 In response to Mr. Degemann's comments, President Appezzato stated that he agreed that Council has to make sure that what the voters vote for will be spent for those items. Councilman Arnerich stated that since Proposition 13, there are two types of taxes: 1) a general tax, and 2) a special tax; that a general tax can be designated for one purpose and subsequently changed by the Council to be used for other purposes; that a special tax, which qualifies for charter cities, can only be used for a specific purpose. In response to Councilman Arnerich's inquiry regarding whether bonds which are issued under a categorical definition are a tax, the City Attorney responded in the affirmative. In response to Councilman Arnerich's comments regarding necessity for special language to ensure that monies do not get diverted for any other purpose, the City Attorney stated that a charter city assessment district can be structured so that the uses are specific; and that a charter city assessment district is not a tax and Council can be specific about the uses and priorities. In response to Councilmember DeWitt's inquiry regarding voter approval required for a special tax, the City Attorney stated that a special tax requires a two-thirds vote; that a general tax requires a majority vote; and that a charter city assessment district requires a majority vote. Councilmember DeWitt clarified that it was acceptable for Council to indicate a specific use in a bond measure, and that a majority vote is required for an assessment district. Don Roberts, Alameda, stated that each capital project should be a separate initiative on the ballot; spoke in opposition to assessment districts; stated that one of the drawbacks of an assessment district is that it may result in lawsuits against the City;.spoke in favor of a general tax to be specifically identified for a use; spoke in opposition to Mr. Sampson's proposal to save $100,000 by building the parking lot at ground level; stated that he concurred with Mr. Buckley that the proposed designs for the Linoaks Library are not very good and additional monies should be spent to improve the exterior's design. Bonnie Conner, Alameda, stated that most people are in agreement with the proposed funding mechanism; that the funding will be equitably distributed over the City and that there can be adjustments for apartment houses or commercial property; spoke in support of having the Linoaks Library and Carnegie Building in the same ballot initiative; stated that she concurred with Ms. Murphy; Regular Meeting, Alameda City Council August 1, 1995 that she was concerned about too many issues being placed in the ballot initiative; and spoke in support of placing the ballot initiative on the November, 1996 Ballot. In response to Councilmember Lucas' inquiry regarding the feasibility of separating the Carnegie Building's seismic work from the bond issue and financing the Carnegie Building with Certificates of Participation, the City Manager stated that said separation could be done but would require the creation of a revenue stream to pay for the debt service over a 25 to 30 year period; that the following would have to be considered: 1) raising revenues through additional taxes or fees, 2) a permanent source of funding over a 25 to 30 year period, or 3) a permanent reduction in the City's existing expenditures to pay for the debt service; that the debt service would cost approximately $333,333 per year; and that currently there is not a source of revenue waiting to be used for said purpose. President Appezzato stated that if he was not mistaken, one of the few sources of revenue would be an additional 1% to 2% Utility Users Tax (UUT). The City Manager responded UUT would be one source of revenue, but there were several other options to consider. Councilman Arnerich concurred that the library and Carnegie seismic upgrade capital projects should be placed on the ballot together; spoke in support of placing the bond issue on the March ballot; and stated that the capital projects regarding the parking structure and the residential and commercial revolving loan program for seismic upgrades and hazardous cleanup should not be placed on the ballot at this time. Councilmember DeWitt spoke in support of the March, 1996 ballot; concurred that the library and Carnegie seismic upgrade capital projects should be placed on the ballot together; that Council should be involved with the implementation of the plans regarding the ballot issue and following said matter to its completion; favored having a parking structure on the ballot; that he would have really preferred to have the whole civic center; spoke in opposition to the Carnegie seismic upgrade loan because it appears that it will complicate the ballot and may cause some problems; and that he supported staff's recommendations. Vice Mayor Mannix stated that he had concerns regarding the ballot issue being overloaded; that the bond issue should be confined to the library and the Carnegie Building; that the capital projects regarding the parking structure and the residential and commercial revolving loan program for seismic upgrades and hazardous cleanup should be referred back to the City Manager alternative funding Regular Meeting, Alameda City Council August I, 1995 approaches; spoke in support of a March election date; and stated that when the bond passes, Council should identify separate accounts for each project, and funds not commingled. President Appezzato stated that placing the ballot issue on the March election ballo would cost $27,000 more than the November election; that he supported either election date; and that the most important matter was that the ballot issue pass. Ms. Murphy stated that either election date would be fine; that a poll of the people would help determine what the people are willing to spend; and that it was necessary for all the people and groups in the City to come together to get the ballot issue passed. Councilman Arnerich moved that the Friends of the Alameda Free Library proposal to spearhead the Library Bond measures initiative and finance a citizen poll be accepted; that the Ballot Initiative include the Library ($15.5 million) and Carnegie seismic upgrade ($3.1 million); that the value engineering review proposal be approved and appropriation of $37,500 from the Library Construction Fund be authorized; that the City Manager be authorized to execute the necessary contracts; that the March, 1996 Primary Election date be selected; and the City Attorney directed to report back on Charter City Assessment District language. Council recessed at 10:43 p.m. and reconvened at 10:50 p.m. In response to President Appezzato's inquiry, the City Attorney stated that a Charter City Assessment District does not require a vote of the people; that other previous Councils have done it by Council vote; that what the current Council is doing is asking the voters whether or not they want an Assessment District; that, if approved, it would be a mandatory binding obligation of the Council to create a Charter City Assessment District; that a Charter City Assessment District would result in an amount being assessed against each parcel, and it could change between categories, e.g. residential and business, for specific purposes set forth for the Carnegie and the Linoaks Library; and that the Charter City Assessment District is for the purpose of funding an annual debt service for construction. The City Attorney stated that her direction is to bring back ballot measure language which will address a Charter City Assessment District. In response to Mr. Degemann's inquiry regarding whether an assessment district needs the vote of the people, President Appezzato stated that the assessment district would go on the ballot, and requires a simple majority vote. Regular Meeting, Alameda City Council August 1, 1995 In response to Mr. Degemann's inquiry regarding Proposition 13 requiring a two-thirds vote and why Council approved a simple majority vote, President Appezzato stated that Charter Cities have that option. The City Attorney stated that a voter mandate directing the City Council to form an assessment district is what is being considered; that Council has found that the capital projects regarding the library and the Carnegie seismic upgrade are of a benefit to all of the citizens of Alameda; that each parcel in Alameda will be assessed to pay for that benefit; that Council has approved it for other improvements in the past; that other Charter cities have utilized an assessment district option too; and that the assessment district option is not available to general cities, only Charter cities. The motion carried by unanimous voice vote - 5. (95-496) Report from Community Development Director recommending Allocation of Commercial Revitalization Funds for FY 1995-96. Accepted. John Abrate, President, Park Street Business Association, spoke in support of recommendation and requested that Council authorize the allocation. Heidi Finberg, President, Greater Alameda Business Association (GABA), spoke in support of the recommendation. Councilmember Lucas moved acceptance of the report and recommendation. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. (95-497) Status Report from the Chief of Police regarding J. Love's Cafe and Cabaret. Accepted. Lorena J. Brown, Alameda, stated that Mr. Love has gone to extraordinary efforts trying to control the problems associated with his business; expressed on-going concerns; stated that problems continue; that short- and long-terms solutions were needed; and submitted a petition with 81 signatures recommending that the City Code be amended to provide public notice when a business requests an entertainment license, and allows a period of time in which concerned residents and citizens could voice their concerns and oppositions. Michael Conroy, Alameda, read a portion of a letter written on July 8, 1994, by the Planning Department regarding complaints received about the level of noise from music and patrons; stated that the residents have been dealing with these problems for a year; that Regular MeeAing, Alameda City Council August I, 1995 P16 the matter needed to be resolved; that Mr. Love has done his best to rectify the problems, but the crowd and noise gets out of hand; and that the community wanted to get back to living a normal life on the weekends. Helen Bignone, Alameda, stated that despite Mr. Love's efforts, the neighborhood is still not getting any relief from the noise, especially at closing time; that the music has been too loud also; that the neighborhood is really suffering from lack of sleep on the weekends; and that the community would like some help resolving the problems. Don Bergen, Alameda, stated that he does not live in the neighborhood but sympathized with the people who were complaining; and that Mr. Love's place of business did not attract quality people; and suggested that Mr. Love reinvent his establishment into a different kind of establishment which would provide him greater success. Sundjata Kone, Alameda, spoke in support of J. Love's Cafe and Cabaret; stated that jobs were being generated because of the business; that there is not any other place to go for people 18 and over in the East Bay; that attempts have been made to alleviate the noise problem; that the complaints have decreased; that considerable progress has been made; that a Muslim group has been hired for security purposes; that the train which passes through the City at 3:00 a.m. makes more noise than the Cabaret; and that the Cabaret is a safe place for kids to enjoy themselves. Terrence Trice, Deejay for Mr. Love, spoke in support of J. Love's Cafe and Cabaret; stated that various methods have been tried to generate business; that Mr. Love has made considerable adjustment to appease the neighbors, the neighborhood, the City, and the Police Department; that Mr. Love has attempted to be a good neighbor; and that the neighborhood has not given the same amount of effort as Mr. Love. Michael George, promoter for J. Love's Cafe and Cabaret, stated that there was no place for diverse youth to go in the City; and proposed that Mr. Love be allowed to continue conducting business with the help of the community and municipality in an effort to respect the community at-large. Jewel Love, owner, J. Love's Cafe and Cabaret, provided an update on activity and improvements at his place of business; and spoke in support of continued service. John McLean, addressed the Council regarding zoning issues. Regular Moding, Alameda City Council August I, 1995 In response to Mr. McLean's inquiry, the City Manager stated that the zoning was appropriate for its current use. Mr. McLean stated that J. Love's Cafe and Cabaret had received bad publicity in the Alameda Times Star and Alameda Journal Newspapers; that Mr. Love is losing the respect of Alameda clients; and that adults who are invited to the Cabaret are discouraged from attending because of the negative publicity. President Appezzato stated that it was not the City Council who caused the negative publicity; and that the matter was on the agenda because of the concerns made known by the neighborhood. In response to Mr. Bergen's comment regarding quality people, Mr. McLean inquired what Mr. Bergen meant by said statement. President Appezzato stated that the comment made regarding "quality people" was not made by the City Council; and that the comment was made by one individual. Mr. McLean stated that the Cabaret attracted young adults and is trying to do something positive for them; that the Cabaret was a smoke- and alcohol -free environment; and that the positive attributes of the Cabaret were being overlooked. Waajid Jawwaad, YBM Security, subsidiary of Young Black Muslim Bakery, Oakland, stated he has been in business for over 30 years; that it was important to support Black businesses; and provided an overview of how YBM Security became involved with Mr. Love's business, including YBM's method of operation. Lawrence Van Hook, spoke in support of J. Love's Cafe and Cabaret; stated that Mr. Love addressed all concerns made known to him and has diligently tried to resolve any problems; suggested that the community and City continue to work with Mr. Love to overcome any issues of concern; that the Cabaret has been successful in providing entertainment for young adults; and suggested that a Councilmember facilitate a meeting for matters and /or concerns to be addressed. Tony Daysog, Alameda, stated that Mr. Love has gone to great length to accommodate and work with the neighborhoods in terms of providing security and trying to make sure that everything possible is being done to address any and all concerns; inquired what more can be asked of Mr. Love when he is as compromising as he is; and that Council should allow further cooperation. In response to Mr. Daysog's statement, President Appezzato stated that the Council would not be taking any action tonight; and that the matter was placed on the agenda for informational purposes only. ReguWMmEing,Almm.daCqCmmit Augu t i, 1995 280 (95 -505) Gerhard Degemann, Alameda, stated that he would like to thank the Council for projecting Alameda as having a good t business climate; that 954 of his customers are from out of town f and comment that they find Alameda hospitable; and that he is "- concerned about the new K -Mart, Oakland, effecting Alameda business. 7. COUNCIL COMMUNICATIONS (Communications from Council) (95 -506) Consideration of designating a Voting Delegate and Alternate to the League of California Cities Conference, October 22 -24, 1995, San Francisco. Councilman Arnerich moved that Councilmember Lucas be designated as Voting Delegate, and Councilman Arnerich as the Alternate representative. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. (95 -507) Vice Mayor Mannix stated that he received a communication from a resident, Mr. Carl Hanson, a former high school principal, who is on the Board of Directors of a program in Antioch called "REACH "; that it is a community based and financed program; that it draws together a lot of the disciplines that are rather scattered about in Alameda; and he would like the City Manager to determine whether it is applicable to Alameda. (95 -508) Councilmember Lucas stated that she would like staff to address the petition submitted by Ms. Brown and determine whether we should be requiring Use Permits for cabarets and entertainment facilities. 8. ADJRURNMENT (95 -509) President Appezzato adjourned the meeting at 12:06 a.m. Respectfully submitted, r r r DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. Regulus Muting, Alameda City Comm' August 1, 1995 17