Speaker 1: P.m. La Carey to consider Call for review and adoption of resolution upholding the Planning Board resolution to deny a use permit to allow the sale of beer and wine at a convenience store located at 1716 Webster Street.
Speaker 2: Madam Mayor, my property is relatively close to this facility, so I'm going to have to recuse myself from this.
Speaker 8: Council Member D So I had that done that check and your property. Are you referring to residents? And that is located more than 500 feet more than the outside of the 500 foot radius from the property. So I. I don't think that's a. I'm looking at the city. Yeah. Okay.
Speaker 2: Yeah, well. Yeah. I mean it.
Speaker 8: Thank you, Madam Mayor. Members of the Council. So the item before you this evening is a call for a review of the Planning Board's denial of use permit requests to have off sale alcohol. So this is a liquor license to sell alcohol for off premises consumption at a convenience store at 1716 Webster Street. And because I've done some questions before the meeting about the use permit in the process and for the benefit of the public audience here, what I'd like to do is just spend a quick moment to explain what a use permit is and the considerations that factor into that decision.
Speaker 0: I think that'd be great. Thank you. Yeah.
Speaker 8: So the city has a zoning ordinance. The zoning ordinance divides the land in the city into different zones, generally based on land use category. So you have residential zones, commercial zones, industrial zones for each zone. The zoning ordinance lists types of businesses and uses that are permitted as of. Right. And those that are allowable under a use permit. And so the use permit is a discretionary action that provides flexibility in an otherwise very prescriptive set of zoning regulations. Now, because of this discretionary action, the city may choose to approve a permit for one business and deny it for another. But in order to avoid these decisions being arbitrary and capricious, the decisions have to be supported by findings. And the findings here in Alameda generally relate to the use being compatible with the adjacent land uses, that it is consistent with the policies in the general plan and also that the use will not create any adverse effects on neighboring properties or persons. It's also important to keep in mind that use permits run with the land. So in making the decision to approve it, you submit a use permit. You want to avoid basing that decision on whether the applicant is a good business person or bad business person, and focus on the objectivity of the and the merits of the proposal. Now, with this particular request, the history goes back to 1995, when the applicant had requested approval of a use permit for a convenience store to the gas station and 24 hour operation, as well as an off sale liquor license. The Planning Board in 1995 approved the convenience store and 24 hour operation, but the use permit prohibits the sale of alcohol. In 2012, the applicant, as part of remodeling the facility, had requested use permit to amend that 1995 permit to allow off sale alcohol and staff. Initially in 2012 recommended approval because we thought that. The sale of beer and wine is is very common in convenience store locations. But after a public hearing, the planning board denied that request due to neighbor concerns of alcohol related nuisances. The findings made by the Planning Board in the 2012 use permit were all in relation to public health protecting public health, safety and welfare of the immediate neighborhood. That decision was subsequently appealed to the City Council, who had unanimously upheld the Planning Board's denial in 2012.
Speaker 0: Excuse me. Member ready to just ask a questions and.
Speaker 7: Then a couple of questions. So, yes. Initially, when the first request was made for a variance, planning staff recommended that it be approved, correct? That's correct. And can you kind of elaborate a little bit more on what what the basis of that decision was?
Speaker 8: Yeah. So the city's general plan calls for maximizing opportunities for businesses and broadening the types of goods and services available to Alameda residents. And so that under that policy, in that direction, in the Journal plan, staff usually would recommend favorably to businesses that seek to increase the types of services they provide to residents, provided that, there's a set of conditions that can also control some of the nuisance factors.
Speaker 7: And did we have data from the police department to support the complaints of, you know, fights and nuisance and loitering?
Speaker 8: And in 2012, there were and in the 2012. And this is just a download from the police database of incidences in the neighborhood vicinity, not, not specifically to the property.
Speaker 7: So. So how big is the vicinity then? I mean, you're talking about because there's this picture on our screens up there, too. I mean, is that the vicinity or is it 500 feet?
Speaker 8: I don't believe it's based on a specific radius. I believe it's based on police reporting districts. I mean, the police chief is here. I might defer that question to him for specifics, but I believe the report pulled incidents, alcohol related instances, I mean, that covered anywhere along Webster Street between Lincoln all the way up to Atlanta. I mean, it was a pretty broad area. And that captured 29 incidents in 2012.
Speaker 7: And I believe in the 2012 staff report, there was a mention that if there were concerns such as that those that were raised, that those could be handled through restrictions on the liquor license. That is ABC, right?
Speaker 8: That is correct.
Speaker 7: Okay. So there is a remedy if if if this is approved, there is an additional remedy that, you know, we're not going to allow 24 hour sales it can cut off at midnight. You know, there are certain restrictions that can be placed on on the business, like they have to, you know, hire somebody to pick up litter and make sure there's no empty bottles and so on and so forth and maybe have additional security or something like that. That's correct. And those.
Speaker 8: Were conditions.
Speaker 7: Right?
Speaker 3: That's correct.
Speaker 0: Mm hmm. And will you be describing what the conditions are that the ABC puts on licenses?
Speaker 8: These were be conditions that the city would impose.
Speaker 0: Right. But the ABC already has some conditions. Right, since the hours. So we'll be discussing that as.
Speaker 8: Part of the liquor license. There are some state regulations that the business owner would have to follow.
Speaker 7: And the city has an opportunity to weigh in on what some of those restrictions might be based on on some of the.
Speaker 8: Cities. The city can impose additional conditions. Right.
Speaker 7: But we could also, you know, write a letter to ABC and say, you know, we granted this conditional use permit, but some of the things that we'd like to see are, you know, A, B and C.
Speaker 0: So we could add additional for clarification. But there are some things from the ABC, for instance, the hours of sale. So are we still asking clarification questions?
Speaker 7: I'm asking work whether we can whether we could weigh in on on ABC and as a city and say.
Speaker 0: We can add.
Speaker 7: Yeah.
Speaker 8: I think that's the way the process works is the ABC has its own set of state regulations related to the conduct of business related to alcohol. So just very quickly, they require anyone involved in alcohol sales to take training classes, they have to card check for minors and so forth. Those are standard regulations. In addition to those regulations, the city may impose conditions such as restricting the hours where the sale of alcohol can take place on the premises, as well as some of the others that you've mentioned.
Speaker 7: And if ABC gets complaints from neighbors, you know, they can get this is the correct that they can conduct investigations and even impose even further restrictions if, you know, they're having some problems.
Speaker 8: That is correct. But the city's use permit process also allow that to happen within our own discretion.
Speaker 7: I have another question, but did you finish the 2012?
Speaker 8: I was I just have a couple of key points in the now.
Speaker 7: Because I have a question on that.
Speaker 8: Okay. So just going through the timeline, in 2013, Safeway gas had applied for a similar request. And based on the 2012 decision, the planning board denied that request. So that essentially said a policy this decision listen in staff's respective that I'll save alcohol on.
Speaker 0: Website continues on that point there's a question okay.
Speaker 7: But a safe way the store which is a retail outlet on the West End, was given a permission to sell alcohol. Is that correct? That is correct. So how do you jive the fact that the denial was said because there were too many retail outlets selling alcohol in the Webster Street area. But then if that was the case, why did we give a permit to Safeway, which is a large retail outlet on the West End bordering Webster? Yeah.
Speaker 4: So.
Speaker 1: Excuse me, Madam Mayor, could we allow our staff, the staff to to finish their presentation and then do clarifying questions? I think he has more things to add and then finish up.
Speaker 7: Okay. Well, I.
Speaker 4: Think it all.
Speaker 7: Just at some point.
Speaker 4: Perhaps we can all just make note of our questions and ask them when the presentation is done because I'm losing you.
Speaker 0: Remember that.
Speaker 8: Chair.
Speaker 7: Chairs the chair.
Speaker 0: So I appreciate that you think you can continue.
Speaker 8: Think so. The the request that we have today from the applicant is essentially the same application from 2012. Now staff had recommended denial of this current request to the planning board and the Chamber concurred because the neighbor conditions as we look at it, for which the Planning Board and counsel denied the request in 2012 really hasn't changed . And yes, staff recognizes that since 2012 there is Alameda landing. There is new competition from safer gas, but changes in the business environment and added business competition doesn't doesn't affect the public health, safety and welfare considerations that really made up the findings of the 2012 city denial and. And my last point really is that the decision for this particular property, as you can see on the map, there are other gas stations in close proximity and the fact that the findings for use permit relate to the use and its immediate vicinity. Whatever decision the council makes tonight will likely have implications to those other businesses. And I can attest that I know Shell the Shell Station as well as safely gas, have asked about having a convenience store and selling alcohol from the premises. So and and I think in the future, if those businesses do come in requesting a liquor license, it would be very difficult for the city to differentiate the findings when the businesses are so close to each other.
Speaker 0: So thank you very much for that's your presentation, right? I think there's going to be quite a few questions so you could stay there.
Speaker 7: Member Already I'm still because I want to go back to the the findings in 2012 planning board disagreed with the staff recommendation, denied the request, citing the following factors, and one of them was increase in the number of retail outlets that sell alcohol will adversely affect adjacent residents and businesses. So I mean, I'm not as much trying to find out, you know, ask you about whether or not, you know, competition was a good thing or a bad thing. But, you know, we made a recommendation while I was in here, but the previous council and the previous planning board said there are too many retail outlets that sell alcohol, but yet we gave a permit to a big box retail outlet, you know, not too far away from there. That's also adjacent to neighborhoods. And, you know, it just seems to me a little inconsistent that we have one set of rules for big box and another set of rules for small businesses. How do we do that and still jive with that statement?
Speaker 0: And before you answer that, I just want to add that the city also gave a beer and liquor license to target right there. Both of them have it.
Speaker 7: Okay. So, yeah, there's two. So.
Speaker 0: Yes, yes. So now may.
Speaker 4: I add some clarification? I was actually.
Speaker 7: Questioned. Answer any.
Speaker 1: More.
Speaker 0: Well, let's go ahead and let him finish the question. Thank you.
Speaker 4: And try to clarify that point.
Speaker 0: Then that staff clarified.
Speaker 3: I'm going to I'm going to jump in on that one since I was the planner on that project. We originally approved the Catalyst Master Plan.
Speaker 8: So Safeway gas is on what we called a gateway site. Safeway grocery store is on the Alameda Landing Retail Center, two separate sites. The retail center was approved as part of the master plan in 2006. The master plan vested a whole bunch of zoning rights in 2006. At that time, grocery stores were permitted by right and were vested with the Catullus Master Plan. You could have a grocery store in that site and grocery stores were allowed to sell alcohol. So they had a vested right to do a grocery store that sold alcohol as of 26. So that's why that got approved. We didn't have the ability to say no alcohol in the Safeway store. Those entitlements and vesting rights did not apply to what we call the Gateway site, which was Safeway gas. And the big distinction there, of course, from in terms of the record and why the city did what it did is the city was making a distinction between the sale of alcohol with gasoline versus the sale of alcohol from a grocery store. And when Safeway gas came in the city, it was only a year or so.
Speaker 3: After.
Speaker 8: The council had unanimously denied the sale of alcohol from this site. So. We felt the policy was established. We recommended denial. The Safeway Gas Planning Board upheld that decision. They contemplated appealing, but then decided not to appeal because the council's record of denying these things at gas stations had been fairly longstanding.
Speaker 7: I'll ask more later.
Speaker 8: I will just add one last thing since that I mean, not because of this, but since this we grocery stores now in Alameda. This doesn't effect on me landing now.
Speaker 3: Require a use permit.
Speaker 7: So it was target part of that master plan also.
Speaker 3: Yes.
Speaker 0: Okay. So I'd like to follow up on what member he was speaking to. Well, I appreciate that. Apparently sounds like the city didn't have as many options in regards to whether or not there was a change when it came back to the planning board. It was addressed as though there was no change and. Carl. How do you do? How do you say that when in fact, you now have two large stores offering? It's not just beer and wine. They actually have the license that provides distilled spirits. And and this liquor. This gas station is asking for beer and wine license.
Speaker 3: I if.
Speaker 8: I'm going to sort.
Speaker 0: Of say, why is that not a change?
Speaker 8: What Alan was trying to explain is you're right, there is a change in the environment. There is more competition for this business. We acknowledge that. But competition was not the.
Speaker 0: No, no, my question is not really go to competition. I think there's a I think you could argue that there's a change in regards to the availability. True. It's different from.
Speaker 3: That's true. But the availability of alcohol and the fact that there's more.
Speaker 8: Availability of alcohol because of Safeway gas doesn't change the underlying findings that the council made in 2012 for the reasons why they turned it down. They cited overconcentration. They cited the large number of alcohol related police incidences in that neighborhood as as the primary factors for the denial. So when we went to the planning board last month and said we don't see a change in conditions, what we were referring to is specifically those conditions. We acknowledge that, you know, Alameda landing has been built since then and Webster Street is transforming. Absolutely.
Speaker 0: Okay. What about regards to these off sale licenses? The report that was provided to us that shows out of the 54 active off site licenses, 16 of them were issued after 2012, which is a 30% increase. City wide of these licenses is offsite. And and we're having that many more licenses issued citywide. How can this not be looked at as some sort of discrimination against this one retailer? That's a significant increase citywide during that time period. Yes.
Speaker 8: I think it depends on the types of businesses or Spirits Alley Alameda Point. I mean those those also would have off sale licenses. There are also businesses that can obtain off sale licenses without requiring a use permit. So good example would be some restaurants that have on sale licenses but also allows you to none.
Speaker 0: Of the on sale licenses if I'm going to get to next. This is just off by not allows for.
Speaker 8: Like a bottle of wine home with you. So.
Speaker 0: Okay. So in regards to the answer, I'm glad you brought that up. There's been 41 new issued during the same time period. So we are now at 156, which is a 25% increase across the city of on sale licenses. How do you not think that it looks like there's some sort of something personal or a discrimination? We know our agencies.
Speaker 8: The city doesn't issue those licenses. We have only had. I'm thinking outside my head, Alan There was the Walgreen's proposal on Park Street. There was this gas station. Three years ago, there was Safeway gas. Two and a half years ago.
Speaker 0: So they're being issued by someone, though. That's in these reports and they're in our city.
Speaker 8: Yeah, but it's the. It's A-B-C.
Speaker 0: It's all right. Okay. So so when you're looking at whether or not to allow it in the city, you don't take it to you don't consider it a change when there's all these other businesses that are receiving these licenses, whether or not they're being issued by you or ABC, but they're coming to our city. And and yet for this one person, this one business. You've now you're now actually recommending not to approve it.
Speaker 8: Yeah. The on sale licenses are really transparent.
Speaker 0: The question is not to you if you could hold.
Speaker 4: Off and I was just asking for permission to speak whenever you're ready to let me have permission to. All right.
Speaker 0: Yes. I was just going to keep going through our questions. Thanks. Go ahead.
Speaker 8: So Onsale licenses are generally regarded differently in answer. So what the city does is we when when a new business comes to town, they apply for a business license. They do go through zoning review. And what we look at is the type of business that's in operation. Restaurants, for example, they typically can serve alcohol and that is recognized under the ABC rules. It's it's it's only usually the off sale licenses that require a conditional use permit. And so I think I think when you're looking at the list of ABC on sale licenses and the increase in the number, it just reflects the types of other permitted uses that are allowed in the zoning.
Speaker 0: It doesn't go into consideration in regards to change, you know, because staff said that there was not a lot of change and.
Speaker 8: The. The item before you is a use permit for a specific business on a specific site. We are. We staff can come could completely understand if the council says, you know what, we're we're weighing the pros and cons of potential issues related to the findings that the council made two or three years ago regarding health, safety, welfare , the police reports and the overconcentration. But we've looked at it in two or three years now, at three years later, and we're thinking we're not as concerned about that. And we'd rather support a small business here in Alameda and make it easier for this business to compete. And that's a that's a that's a fair balancing of of priorities, small business people, health and safety. And, you know, the day you can make that judgment call and you can if a majority of you feel like you want to rule in favor of the small business that's perfectly within your right. Our our issue. And what Alan is trying to say is because your findings to approve that are documented and they have to be related to the conditions in the neighborhood, not the businessman himself, the conditions in the neighborhood, the number of police reports, the number of issues. Our concern is that if you're willing to say yes to the others as well. You're you have no problem. But it's going to be very difficult if you want to say yes tonight and then say no to Safeway gas tomorrow night if they come in or the Shell station when they come in, because the conditions in this general area are the same for all three. And that's our concern, is that because as as Alan said, we have to be we can't just be arbitrary about this. We have to be very clear why we're saying yes to some people and no to others. So if the council is comfortable saying yes to more off sales, alcohol sales from gas station convenience stores, that's certainly your prerogative. But it's going to be hard to say no to the others. That's our main point.
Speaker 0: So I appreciate that. And then I attended at least one of these planning board meetings on this. And I believe that there were statements made that we in the city do not have beer and wine sales at gas stations. And could you clarify that? It's my understanding.
Speaker 8: So that we do. There are currently three. They're currently located on Park Street. But but we do the there are convenience stores at gas stations here in Alameda that that sell alcohol.
Speaker 0: And it's mine. Okay. And so the one on Park Street, Valero, has had it since 2001, which was before this thing came, the first go round one at Chevron since 1993, and the one since the other one on AMPM is 1988. So so when representations are being made by the planning board that we don't have that, when in fact we've had it in our city since 1988. Isn't that? I think that may be considered a change that needs to be that could be a finding that contradicts the prior findings. I think that. So. So would that not be a finding that somehow contradicts these prior findings that were made that we didn't have it in our gas stations when in fact, we've had in our gas station since 1988?
Speaker 8: We've we've never made the finding in a written document that we don't sell alcohol from. I was at that meeting. I didn't hear anybody say that, that we don't sell alcohol. Maybe what somebody said is we haven't approved any of these since. 2001. It was probably, you know, 15 years ago was probably the last one. And I think that was legalizing an existing condition. But, you know, as a once again, I mean, you can it's totally within your provocative to look at conditions now in 2015 or 2016 and say, you know what, we just have different priorities and different , you know, and we wanna make a different decision.
Speaker 0: All right. They just have.
Speaker 8: To hold it for everybody.
Speaker 0: And. Ashcroft.
Speaker 4: Thank you. And I will just note that notwithstanding what you might have heard and sometimes, you know, perhaps someone misspoke at a planning board meeting. But if you note, exhibit four of this staff report has a list of gas stations and ABC Alcoholic Beverage Control licenses, and there are none in Webster. And then, you know, there's a whole list of ones that don't have beer and wine sales. But I just wanted to clarify, because I was on the planning board in 2012 when we denied this license and the city council unanimously uphold upheld our denial. And what we were looking at was that specific location. And so that and this is I feel like I'm getting into the remarks that I've made and we haven't even heard our public speaker. But I just want to clarify, because some some references were made to the 2012 planning board meeting, and I, for one, was there, and of course Mr. Thomas was too. But we were looking at this particular location. The 76 station applicant came in. He has built a very nice convenience store there, but we denied his application for beer and wine sales at the time. And the reason was we were hearing from the neighbors, they're concerned with public drunkenness, loitering, littering, crimes being committed. And bear in mind, that intersection know, if if those of you who are familiar with Webster Street can picture the intersection of Webster and Bueno Vista, the 76 station is kitty corner diagonal from a liquor store that's a full service liquor store just down the block on Buena Vista there. The next parcel down from the liquor store is the 7-Eleven. They also sell alcohol across the street on Webster Street. Going toward the tube is the Chevron station, which has a convenience store. And you can believe they'll apply. But even more significantly is I'm going to visit next to each of those gas stations, 76 and Chevron. The next properties are housing developments. And in fact, some of them are run by our housing authority. And I happen to know that they have families living there. They have teenage children. They are always trying to keep those properties in good condition. They don't want the the loitering, the garbage, the the crime that comes with those kinds of sales. So our concern at the time in my concern still tonight is that if we approve.
Speaker 5: One.
Speaker 4: Sale, one license for the sale of beer and wine at the time three years ago, I would say you get you approved one, you get three because Chevron and Shell will want them to. Now you approve when you get for.
Speaker 0: Ashcroft, this is really.
Speaker 4: Appropriate for. Okay. So I'm just trying to say these for our consideration.
Speaker 0: You want to see that last time, but if you're arguing this time.
Speaker 4: I know I'm not I'm just trying to say you were looking all the way down into Alameda, landing with Target saying we were much more focused on the neighborhood. But you're right, mayor spencer, i will take that of my rex. Thank you for the reminder.
Speaker 0: I swear, no questions. And then we're already.
Speaker 7: I guess. I'm sorry. Where did Allen go? So on the just to follow up on the mayor's point, the off sale licenses. I mean, you sent this around to the council. Can you kind of recap the places where we've issued off cell licenses in Alameda since this original application was denied in 2012?
Speaker 8: So I would say there are numerous locations I can think of. Spirit's Alley in Alameda Point. There's the Walgreens and the Walgreens here, that Park Street. Um.
Speaker 7: And I mean, I said this was unfair market.
Speaker 8: 25 unfair market. That's, that's, that's Neptune Neptune Plaza and on Webster Street.
Speaker 7: So that's in close proximity to yes. This gas station. That's the neighbor that would.
Speaker 8: Be a grocery store with or and the difference between grocery stores and convenience markets would be the variety of products sold and particularly having fresh meat, fish and poultry.
Speaker 7: I mean, that that was issued on May 12th, 2015. Was that before or after we changed the rules for grocery stores?
Speaker 8: I believe that was before. That was before, yes. 2012.
Speaker 7: Now, there's one here that we were giving us at 2015, I guess. The question I have is I mean, is is the point that that area is saturated really a valid finding? If we've if we'd issued liquor licenses in that area since then and not made a similar finding, I guess that's kind of my my question. Yeah. Maybe it's a little rhetorical and it's more of a debate, but.
Speaker 0: All right. Did you want to respond to that or you don't? All right. I'm going to move on to our public speakers and thank you very much. All right. And each of these figures, you can have up to 3 minutes sound deep. David Franklin. Mike. Okay. It's epic. You you i r y a n a DeLong lilt lu.
Speaker 3: Good evening, Mayor and council members Sandip Joel, owner of Houghton Street Hotel on Webster Street. And I also serve as the President of the West Limited Business Association. Before I begin my prepared remarks, I'd just like to clarify one point that Andrew made in the original entitlements for limited lending, we had an you that specifically prohibited grocery stores. And so I don't think they had entitlement to have grocery stores at all. But, you know, let alone selling liquor. So Safer and Target would not have happened if the ammo you had not subsequently been changed, which we negotiated with cartels to change later on. But so I don't think they were entitled to have those grocery stores in the beginning and then they started out. So I just wanted to clarify that. I'm here today on behalf of the Board Members to request you to approve this use permit application made by Circle K. In our board meeting held on November 18, we unanimously voted to support this application for the following reasons. Most gas stations with convenience stores in California now sell beer and wine. And as you know, there are three gas stations on Park Street, namely the Valero, the Chevron and the Arco station that have been selling beer and wine for several years now. There are already enough places to buy alcohol on Webster Street and on the West End. And if anyone is concerned that allowing Circle K to sell beer and wine is going to bring in additional shoppers to the district, I think they are mistaken. This circle k location is not a a location. It's it's a neighborhood location. And most of Mr. Lewis customers are residents of Alameda who already know where to buy alcohol. As you know, the 76 gas station was closed a few years ago and the previous owner could not make enough money to continue operating it. We had some really big concerns when that gas station closed. And luckily and the reason he closed what he did was he did not have enough money to renovate the station and to make the improvements that would have required a substantial investment of time and money. But luckily, a few months after the gas the gas station closed, Mr. Liu and his brother stepped into that critical time to make changes to the Formula six gas station and build a brand new convenience store by investing over $1,000,000 in that location. So as you can imagine, the addition of this new convenience store was a very important step in our efforts to prevent blight on Webster Street. With the recent addition of the Pacific Gas Station at Alameda Landing, it has become extremely difficult for local gas stations such as the Circle K to increase their sales through gas sales. On any given day. I'm sure you all know that if a gas station sells the gas at a much lower price than any other gas station in Alameda. The Circle K convenience store sold a variety of food and beverage items, and allowing them to sell beer and wine will help them increase their sales. Our goal is to help our member businesses such as Circle K, to succeed in their business so that we can maintain a vibrant business district for the residents of Alameda. And we request you to help us achieve this goal by improving the use permit application tonight. Thank you.
Speaker 0: Thank you. Mr. Franklin.
Speaker 3: Thank you. Councilman. I'm the owner of the building right adjacent to this property. And I spoke against it previously. And. Councilmember Ashcroft. Speaks for a lot of what I believe to be my tenants in the building. We're going to Billy's right adjacent to it. I'm sure we're going to have more loitering around there and with the liquor. I just kind of I don't believe that liquor and driving cars goes together very well. And there are plenty of places they can buy liquor. But I don't see that we really this the city really needs to make more of it available at this location. All opposed to it by tenants are opposed to it. They asked me to come here and speak to you and tell you that, you know. They would rather not sell liquor. They knew when they got the permit to build everything, they weren't allowed to sell liquor. And if I'm going to have to come back here every couple of years, I guess I have to do that. But I don't know. I guess I've said everything I really can't say. If you have any questions, I'm happy to answer.
Speaker 0: Thank you.
Speaker 3: Okay.
Speaker 0: Mike. And then it'll be the long. And then trying Hong Lin in the not too long.
Speaker 3: Good evening, Mayor Spencer. Council Member Thank you for the opportunity.
Speaker 2: My name is Mike Carey and I am.
Speaker 3: A business consultant.
Speaker 8: Working for Circle K Stores.
Speaker 3: I am here to thank you and this beautiful city of Alameda. The. Responsible members, community members, the neighborhood businesses and the Business Association allowing Circle K and our licensee to open.
Speaker 8: Our one and only Circle K store.
Speaker 3: Here in the city of Alameda. We're honored. We are.
Speaker 7: There from day one with our licensee.
Speaker 3: Mr. Dillon Lou, to support him and train him, providing him the tools to succeed and be a responsible retailer for this community. So just wanted to tell you a little bit about.
Speaker 8: Circle K.
Speaker 7: What Circle K is all.
Speaker 3: About. We are a convenience store company. We, however, were not a typical convenience store company. Our focus is on growing healthy, natural organics.
Speaker 8: Gluten free.
Speaker 3: Products. That's unheard of in the industry.
Speaker 8: So we're promoting these.
Speaker 3: Type of products, gourmet food, product sandwiches, Jamba Juice, smoothies in our stores where Mr. De Long Lou has. So it's not a typical convenience store where per say, the lawyers, the troublemakers come and shop for a can of beer, for a bottle of beer. A beer is a very small portion of their total product mix in our store. However, we feel that it is.
Speaker 2: A it.
Speaker 3: Gives the business a competitive edge to stay. And compete in the very competitive environment that this particular store is. And we want them to succeed.
Speaker 8: The store.
Speaker 3: Has. Made progress by leaps and bounds.
Speaker 8: However, we feel that there is more that.
Speaker 3: They can do to to succeed, be more successful, be more responsible member of this community, a responsible retailer. We have very.
Speaker 7: Extensive.
Speaker 3: Restricted sales.
Speaker 7: Training program that they have in this. Memories think that I would.
Speaker 3: Be more than happy to leave with you and review.
Speaker 2: That they can train their.
Speaker 3: Staff, which is actually more extensive than what ABC requires. There are certain community police departments required. We stand behind them.
Speaker 7: We refresh the training.
Speaker 3: Program. So I'm here to support. Mr. Lieu and ask for your support to grant. Then his wishes and his application. Any questions? I'd be happy to answer.
Speaker 0: Thank you very much.
Speaker 3: Thank you.
Speaker 0: The long loop.
Speaker 3: Good evening, Mr. Mayor. And council members. My name's Dylan Lou. I'm the owner of the 76th store at 1716 Webster Street, Alameda. I'm here today. Tried to appeal to you to give us the user permit for beer and wine license. We you know, we like three years ago. We are going through a lot of change to build a big store. Big convenience store for the local resident. And I say to a city council member, Maryland and wobble board meeting, we build a store for like 21, 2300 square foot store to, you know, just for the local residents . We're not a fee free gas station. We're not. We're not. We we we try to help, you know, us and help the local residents to get all their come in and stuff. And that's why we need the spear and wine license to to get, you know, to maximize our, you know, maximize our opportunity for the business. And one thing I want to say for I have to talk to other harbor board members regarding the city of Maryland, a city council, Maryland. So the concern regarding if you gave to us, you have to give to Chevron, you have to go to Shell. But Chevron Shell, is there a gas station with all the shop? Chevron is. It's an auto shop. They just closed with a snack shop like us before, before rebuild, before rebuild. We have the snack shop and closed all the store. And I would say I spent almost $1,000,000 to try to make to the beautify the Webster Street. And if they want a beer and wine license, they should have built another like 1800 square foot a beautiful store and make make a street beautify the street. You don't have to give them because they want it, because you can put a condition out on their like. And and also for us and last three years just so much change before we build it. We we never know. I first of all, I never know. Gas safely. Gas station going to be there if safely gas going to be. I won't even build because once I know safer gas stations, it doesn't matter what they do because they're big, but they don't need the money to make money on the gas. They always ten, 12, $0.15 cheaper on us and they have huge gas stations and they have like dispenser 18 pumps fill stores and they have so everything's brand, you know a lot of like us, you know, they have everything I there's no way I can compete with them. So I really now but I, I don't regret I spent the money because we build a beautiful, beautiful store. No, I want it now. I need. I need your help. But I even. Look, look, go even look at safely gas station stores. That's not a convenience store. It's a snack shop. If you close like a snack shop or gas stations as a convenience store. Convenience store, usually 2800 square above they call a convenience store. So they give a lot of different, you know, local stuff to the to the customer safely how many square foot they have. They probably only have a 1000. It's not a convenience store. This they are just a gas station but section.
Speaker 0: Thank you and member already has a few questions for you and I'm going to allow him to ask us questions if it's all right with you because you're the applicant.
Speaker 3: Yes.
Speaker 7: So, Mr. Burgess, just quickly, so I'm looking at your your application for use permit, and it didn't really show any hours. I mean, are there some restrictions that that you'd be willing to agree to? Yes. We gave you like I mean, such as shutting off alcohol at midnight or, you know, not doing it until like 2:00 in the afternoon or something. Yeah. Could you share with some of and perhaps hiring security during the evening hours to make sure there's no lawyers? I mean, can you kind of give us some some ideas and some of the restrictions you may be willing to agree to?
Speaker 3: Yes, even even before I get this, my garbage schedule, pick ups, it's almost every day. It's every day we have a schedule. Pick up all the garbage every morning. There's a either garbage truck or recycle truck coming to pick up our garbage. So I have my cashiers go out on the street every hour, pick up the garbage right now, every morning, every night, every hour we have one cashier. Go out, pick up. If you look at my gas station, if you look at other gas, you can see the difference. If you go to my gas station, you go to like our restrooms. We are at a state art restroom. We are the cleanest, cleanest restroom ever there. If you go today, right now, even you can see it. And and we're willing to. Yeah, of course. And we don't have to sell beer and wine after a certain time at night. I want to you know, if we can we have that, you know, we can lock the cooler doors. We can, you know, on, you know, automatic log. And I'll show you tomorrow morning.
Speaker 7: We will. It'd be a good time. Like to to midnight to to ten to to 11.
Speaker 3: Usually it's a 2 to 2 to I think a 2 to 6 or 2 to 8 in the morning. Yeah. Right. But yeah.
Speaker 7: That's don't of what we want to. Oh like that would mean what would be a reasonable restriction for you on when you would be able to sell alcohol at 2 p.m. to midnight, noon to midnight, you know, 5 p.m. to 9 p.m. What type of restrictions would you be agreeable to?
Speaker 3: Usually. Usually it's for a convenience store. They usually to sell their one, I think 8:00 to 2:00 in the morning AM to 2 a.m.. That's. That's usually. Well. Well, I, I listen to the console. I, you know, I, I take. I take.
Speaker 7: Would you be willing to hire some kind of man in the evening?
Speaker 9: Can I. Can I make a suggestion? We have the applicant is going to be here throughout the hearing. I'd like to hear the other speakers who were behind him.
Speaker 3: And then we talk to the.
Speaker 9: Applicant back up. That's fine, if that's okay.
Speaker 7: Okay. Okay.
Speaker 0: I'm a.
Speaker 7: Thank you.
Speaker 0: Thank you very much. All right. Don't leave. I'll be calling you back, I think. Jang Hong Lin or. Hello? And then luxury long. And then Katharina Chen.
Speaker 3: Hello, everyone. Good evening. Today's I come here just for one purpose. That is. I suppose it's okay to have fair and wide license. Thank you.
Speaker 0: Thank you. Now set a good example. You don't have to use all the 30 minutes.
Speaker 7: Unlike me.
Speaker 0: Last too long. Lap Geelong. And then Catharina chan. And then Jessica Zoll.
Speaker 3: Like the evening. My name is Lamp, so I'm here today. I just want to support my circle K to get the power license because I think like on our neighborhood line or other time line because I just live. Along over the course. If they have the allies and then use more U.S. allies, we can go, go, go there to buy something. I think like $1,000,000, they have everything. So, yeah. Thank you.
Speaker 0: Thank you. Katharina Chien. You got, you all can be lining up. You don't have to wait from the last. So ready to go. Then, Jessica. And Cynthia Bonta. And then Stuart Chen.
Speaker 1: So everyone I come here. I just want to support circle K to get the bear license. Oh, thank you so much.
Speaker 0: Thank you. Jessica. And then Cynthia Bonta. And then Stuart Chen.
Speaker 1: Hi. My name is Jessica. And I want to say that unless a cashier has a Coke and a.
Speaker 5: Wonderful present for a customer saying that it's okay, should have my license there, too. Thank you.
Speaker 0: Thank you. Ms.. Ponta.
Speaker 1: Good evening. They're city council members. I am very appreciative of the care in which you have discussed this issue. I was very concerned that a real thoughtful decision will be made, and I do believe that a fair decision would be to approve the. Application as it is from your level, you're able to also provide conditions, you know.
Speaker 5: As is my understanding. So I think that you can do that. You can approve and.
Speaker 1: Provide conditions.
Speaker 5: For the applications approval.
Speaker 0: Thank you. Stuart Chen and then Keith Weiser. And then Karen Bass. And then those are the last speakers on this item. If you'd like to speak, please turn in a slip. Mr. Mayor?
Speaker 8: Yes. Good evening, Mayor Spencer and members of the council. My name is Stewart Chen, 30 year resident in Alameda.
Speaker 3: And a small business owner. I appreciate the.
Speaker 8: Council taking time to consider this matter. I'm here speaking in favor of the seven six gas station on Webster Street. This issue at hand. Really it's not just about the beer and wine license. It goes deeper. It's about fairness and equity for all businesses to be fair and to be equitable. It's about a policy that you guys set. That is fair to all businesses in Alameda. Specifically the West End.
Speaker 3: A policy that's fair for the big bucks. And to all the mom.
Speaker 8: And pop stores in our.
Speaker 3: City, I believe that.
Speaker 8: Big boxes like Target Safeway should play by the same rules that all small business owners have.
Speaker 3: To do. If the city.
Speaker 8: Allows the gas station, gas stations with convenience stores along Park Street, the right to serve, sell beer and wine. Then why are we singling out 76 station on Webster?
Speaker 3: The Safeway on the landing currently has 18 gas pumping stations.
Speaker 8: 18 more gas pump than any other gas station on the Webster in. If the city granted either through use permit.
Speaker 3: Or by.
Speaker 8: Other licenses, if we granted Safeway the license to sell gasoline. And at the same time, the license to carry beer, wine and hard liquor. Then again, why are we denying 76 station the same privilege? 76 station had invested $1,000,000. In Circle K convenient store to help revitalize Webster Street. Instead of commending him, we are penalizing him. This. It's sending a wrong message.
Speaker 3: To all.
Speaker 8: Future small business owners not to invest in Alameda. I do not see the logic. I'm sorry. Behind us, the city council. Either 2012 or beyond. Usually go along with staff recommendation.
Speaker 3: I get it. Because we know that they know what's.
Speaker 8: Best for our city. They are too hard to help with expertize in their respective fields.
Speaker 3: But once in a while.
Speaker 8: Along comes a recommendation that's completely flawed right from the get go. I implore this council to find the.
Speaker 3: Courage to do the right thing. That is to allow.
Speaker 8: The 76th nation the same.
Speaker 3: Privileged that we have given.
Speaker 8: Applicants at Chevron at AMPM, Valero.
Speaker 3: Thank you, guys.
Speaker 0: Thank you. Keith Schweitzer and then Karen Bey.
Speaker 3: Madam Mayor, I'm sorry. It's my first time addressing a council like this. Mayor Spencer and council members. I was really my primary purpose for being here is the rent control question later on. So you'll see me again. But I couldn't help but speak up this time.
Speaker 4: To raise it so we.
Speaker 1: Can debate.
Speaker 0: Right?
Speaker 4: Well, no, no.
Speaker 0: You're fine. Go ahead.
Speaker 3: Okay, you probably can hear me.
Speaker 0: So go ahead. Go ahead and speak.
Speaker 3: So what I want to talk to you about the liquor license is first off. My wife and I, we've lived in Alameda where we're at for 15 years and we live about a block and a half from the gas station in the in the new development and right down one of them. And we love the neighborhood. We really appreciate the 76 gas station that was built. It is maintained very well as that and said that someone comes up must clean up very, very early because it's very clean. The my concern there will was against the liquor license. Well, I appreciate the business owners need to survive and need to compete. And the issue that there's a Safeway gas station down the street that opened up and they have many gas station pumps. That's that's about right. Which I respect. But they put the investment in and there are several gas stations that were already there so that a gas station way down the street was opened up. But they have a gas station right across the street and one a block away. When he entered into a competitive threat, already lost, it was a business that was bankrupt. So it's very tough to renovate a bankrupt business. So you went into a competitive area. You went in with no liquor license and evaluated the business at the time and made a decision to invest a substantial sum. It's very true. But you knew the rules and were in there and you made the decision to do it accordingly. But I don't think someone should be permitted to revisit the council's decision and then maybe you guys reject it tonight. Then he's going to come back in two more years and every two years and and revisit the same thing again. The decision was made. I don't understand why we're revisiting it. And my main point that I'd like to express is the liquor store that's currently diagonal from that from that gas station, this one that at night, when the sun goes down, there's a collection of people that hang out in that area. And it's my wife and I like to walk around, but we we don't we don't turn left. I mean, we we will avoid that corner because it's just not a comfortable collection of people are hanging out around liquor store. I don't want to see that happening in 76 station because they don't know what they don't know until they develop it. But if you look right across the street, it's the same neighborhood and they'll see what's going to happen, I hope. Thank you very much.
Speaker 0: And here and Karen B and then she's our last speaker on this item. If you'd like to speak on this item, please submit your slip.
Speaker 10: Briefing there, Spencer members of the City Council and staff. So I have two comments to make about this. The first thing is, I would love for you to uphold the planning board decision on this as a West ender. You know, I participated in the West End visioning, and nowhere in the visioning was an oversaturation of liquor licenses. And it's we're turning an important corner on the West End. And there was a time that. When I first moved here, people didn't go on the West and they didn't go to Webster Street, I was told, because it was, you know, lots of bars and sailors and tattoos, tattoo salons. But we're turning an important corner here. We're going to get a pizza. We've got some wonderful restaurants. And it's just it's it's wonderful to see what's happening on the West End. And my concern is that, you know, we oversaturate the West and Webster Street with liquor stores. I'm sorry. I just don't want to see anything I don't want to mention is that two weeks ago and midnight, I woke up and I heard this car, heard screaming, and there was a drunk driver. There's a police report. You can look it up. Okay. It really hit three or four cars at my state, hit my tenant's car. She woke up the next morning. She was crying. I had to take off work to help her. She was from out of the country. And I had to help her, you know, solve a problem from a drunk driver. And I and I, I just I it's a problem and I don't want to see more liquor license issued. I'm, you know, I think they made a great case, you know, for small businesses and and big businesses. But it's this is it's more about, you know, preservation of our neighborhoods and a safe neighborhoods. And so that's what I'm fighting for in the West End. I want quality. I want I don't want a lot of liquor licenses. I don't want a lot of you know, I want more variety. And I want safe places for our children and our our visitors and and our neighbors to go and enjoy. So I'd like you to consider that other argument tonight. Thank you.
Speaker 0: Thank you. Nebraska.
Speaker 4: Thank you, Mayor Spencer. I appreciate everyone coming out and speaking in and I want to say to Mr. Geelong Lieu and all the members of the Labor Board, because I did it and they were gracious enough to invite me to attend their last board meeting and I talked to all of them. And Mr. Lou, you've done a lovely job with the Circle K Station and it's just what we hoped it would be when we approved it. But of course, as you know, we approved it without the beer and wine sale license. And I did sit down with all of you on the Wabash board, but I didn't stop there. I've talked with neighbors in the area. I've talked with our police chief. I've talked with housing providers. And it's something that the city council has called upon to do just about every time we make a decision and just wait until we get to the rent matter. We have to balance a lot of competing, competing arguments. And while some compelling issues were raised, I think my friend Karen Bay just did a nice summation for me. I have watched Webster Street over the years, my six years on the planning board and almost three years on the council. And I made a commitment to the business owners and the residents of the West End that we would not neglect. Webster Street in the West End at City Hall. Webster Street doesn't have the opportunity, the economic catalyst the Street does with the Army, the theater. So they've had to try harder and work harder. And they're coming along, you know, maybe not as quickly as everyone would like, but they are. But I just feel strongly about what I said earlier, that I am concerned with what that corner will look like, that particular intersection that abuts residential areas. And that really the planning laws that we are governed by say that if we grant this license for one, the others will want it too. And there's been mention of Safeway and the gas station has a convenience store or a snack shop or whatever. I also just want to share that when I was on the planning board, the head of real estate development for Safeway came to me because they were coming to the planning board to get permission to put in the Safeway gas station. And, you know, not everybody wanted a gas station there, but I sat down and listened to him and I said, well, I think I could support it. And then he said, and it's going to be a convenience store and we're going to apply to sell alcohol. And I said, Oh, you know, hold the phone. Why would you need to sell alcohol when there's a liquor store at South Shore next to the bank, Trader Joe's and Safeway and Walgreen, also liquor. Why would you why would you need to sell it at the Safeway gas station store? And he said, well, you know, somebody might want to pick up a sandwich and a beer and it's just more convenient. And I said, you know, I'm a former probation officer, and that was really the wrong thing to say to me. But I really don't like the juxtaposition of drinking and driving. And I wasn't a part of the decision for the Safeway, for the Park Street stores. But what is before us now and what was before my planning board three years ago was what what does what would this look like? What would this decision look like for the residents of the area? Because the West End isn't just our businesses. We value our businesses. We want to keep them thriving, but it's also our residents. It's also the visitors who come. And I feel that the planning board three years ago made a good decision. The council then upheld them unanimously. I feel that the planning board last months made a good decision and I'm going to vote to back that decision. So thank you very much for sharing your thoughts. But we have seen Webster Street transitioning, as Karen Bass said, and I want it to continue to transition in a positive way. Thank you.
Speaker 0: Ben Brody.
Speaker 7: Thank you, Madam Mayor. Actually was one of the two councilmembers. The mayor also being one who pulled this for review. Because I didn't think that the applicant really had a fair, fair hearing. I think has the mayor kind of started to point out in her questioning earlier that conditions have changed? And I'm not I. I disagree with the contention that. Was given when this was denied that there's going to be a saturation. When we've used that for this particular business, yet we've allowed other off sale liquor licenses in the city, including in the Webster Street area. So it's a little incongruent to me that we would do that for some and not for others. You know, even if some of them were grocers, which they're entitled to, but others of them apparently are grocers that were rented that license after we we didn't make that a guarantee. So I think we have a really good business person here. And if he's willing to agree to some conditions, I'd be willing to vote to overturn this decision. You know, for example, you know, perhaps there's no reason to sell alcohol before 2:00 in the afternoon. I think in consideration of the neighbors, you know, if you stop selling at 11 p.m. or perhaps midnight, I mean, those might be I don't see any reason why you need to sell at 1:00 or 2:00 in the morning. And being that it isn't a residential neighborhood, I hope that the applicant might consider reasonable restrictions like cutting off at 11 or cutting off at 12. I also think that, you know, if you can commit to cleaning up the area and that being a condition like your employees are doing, you know, I'd be prepared to support that type of condition and perhaps even that, you know, you hire a security guard or another person, you know, in the evening to make sure that people aren't loitering around the circle. K And I will say to the neighbors, you know, the Alcohol Beverage Commission, you know, they do take complaints seriously. So if you have issues with people loitering at a neighboring station or a neighboring liquor store, you can file a complaint and there'll be hearings and they can get restrictions placed on their license. So if yes, they do. I mean, I see hand-shaking in the habit. I deal with these that agency, you know, in my day job and deal with people that have liquor license and then have conditions on them. So that can be done. And if you're not getting help, you know, call your state representative and they can help you guide you through that process. But, you know, I think that this is a really good business person. You know, he has helped with the revitalization of Webster Street, and I don't think that he's a hindrance to it. And I'm not convinced by the argument that the Chevron and the Shell are actually going to apply. I mean, they don't have convenient stores now, if that is that correct? So I mean, suddenly that they're going to want to turn, you know, their auto shops into convenience stores. I mean, that's going to be a big process. And they're going to have to do the type of investment that the long did in this store in order to have that. So we would have an opportunity to review that. So I'd like to see, you know, this council grant this application, but with some significant restrictions that take into account the concerns of the neighbors.
Speaker 9: Vice Mayor. Thank you. I looked at this. Application very carefully and set my personal opinions aside and looked at what our task is and measured it against what the findings that are required to make in order to to a grant to use permit in this nature. And I have to say that things have changed on Webster Street and things have also changed on Park Street. The three that are referred to on Park Street are back from the nineties and some cases the eighties. And even that 2001, I was on the planning board when that was approved, but it wasn't approving the use permit because it already had a liquor license that somebody gave it before, not knowing that there was a requirement for a use permit and had been operating for quite some time and the planning board decided to allow the operation to continue just to legalize it. So in fact, we have not granted a a convenience store at a liquor at a gas station, a license for since 1995. And that one point that change from from comparison Park Street to Webster Street. We've had a lot of time that has passed in between. And we had a couple of process public processes for visioning and putting together a Webster Street plan. And one of the findings that we have to make is that the this proposed use relates favorably to the general plan. And when you read the general plan, it has those two visioning plans embedded in it. And this does this does not seem to align. An application to put a beer and wine sales at a gas station convenience store, particularly in an area where within a block there's there's three, three other convenience stores because there are snack shops at those other gas stations that it's just not consistent with those plans. So I can't make that finding and the the concerns of the neighbors who are residents right. Abutting the property and abutting the Chevron property, which could be the next one, expressed concern. And that condition, when you look at the neighborhood, is is another one that I can't I have to support the finding that was made by the planning board the last time around. And then lastly, I think the owner operator of this operation is conscientious, is done a great job in designing a building that's compatible for Webster Street , but the owner is not being granted the license. The use permit goes with the land. So if Mr. Longo, Mr. Lieu goes away. And sells it to somebody else. We may. We may have someone who's not as conscientious come in because it does travel with the land. And that's I think that's an that's another deep consideration that we need to make when we get these youth permits out and we can put conditions on it. But the enforcement of conditions. We have a hard time enforcing code violations as it is now to to pile that on top of a use that is is really not fitting for that area, I think is a problem. And then lastly, the the proximity of of the bonfire down in Neptune corner or the Alameda Landing gas station of that is a problem for people who sell gas. I grant that and I certainly wish we had not put a gas station there. It's it's appalling when you come in, you know, welcome to Alameda and you have a gas station behind it. That's not. That's that's just not a good looking place. But it's there. And it's it is a fact of life that. You know, all the gas stations on Webster you'd have to deal with whether they're selling or not. So I plan to uphold the decision, the planning board.
Speaker 0: Right. I appreciate that.
Speaker 3: Thank you.
Speaker 0: So in regards to bond fair market, does that license stay with that location?
Speaker 8: The bonfire has been there for a long time. And we believe the new the new bond fair license was actually a transfer of a license from the prior owner to the new owner. I mean, so when you say there's 40 new licenses, a large number of those are probably just when a business is sold from one property owner or one business. When a when a business is sold, a new license has to be issued by it.
Speaker 0: But does it stay with this?
Speaker 8: We don't. But the use permit follows with the.
Speaker 0: I appreciate that. But in regards to the impact to the neighborhood, does it stay with that business?
Speaker 8: It stays with that land.
Speaker 0: So it stays right where.
Speaker 8: They use.
Speaker 0: That location.
Speaker 8: Land. The the ABC license goes with the business.
Speaker 0: All right, now, all I can look at is the river. We were provided by these handouts that have says original issue date May 12, 2015. Urban Fair. So that's the information I have to work with, right. But in regards to the impact on the neighborhood. I. I plan to. Well, there's we've already had, I think, three council members. Right. You know, two. Okay. Well, so I plan to support the the license in that I disagree that these holdings are not arbitrary and capricious. I think that this would this truly appears to be arbitrary and capricious. And in that, when I look at the licenses that have been. Originally issue date and what is in that neighborhood and what's new, whether including on sale and off sale and city wide as much. And there has been a lot of conversation about what's happening on Webster and citywide also we have in this city. Quite a few businesses that offer wine and beer and distilled spirits now. And what's interesting to me is the Safeway at the landing is a 24 hour Safeway. That doesn't mean they're selling alcohol 24 hours a day because they're limited by the ABC in regards to their the hours they can sell. However, they're not limited in regards to any city limitations and they actually can sell distilled spirits, which I think I have a greater issue with than the beer and wine license. And this vendor is asking for a beer and wine license and throughout our city. So if the city was taking a position that we are putting a freeze on beer and wine licenses across our city. And if the city had taken that position back in 2012, then I and I could understand. However, since it has and it continues to issue these licenses, I really think it appears to be discrimination against this one business. So I will not I will not be able to support the, I guess, the planning board's decision of not offering this. And I think that I have I just think a. If if people within our staff and our planning board continue to say this is wrong for this one location, but they are. But it's being offered down the street to a bar that's open until 2 a.m. or another store that's open until 2 a.m. where we round the clock. I think that's very inconsistent. And I think that that it does not support these findings because overall it cannot be arbitrary and capricious. And I think when if you had a map and you really put the hours of sale and what they're selling in that area and then across our city, it's very, very hard to say no to this one business person. My opinion. All right. That being said, yes.
Speaker 4: The question of staff, maybe the city attorney. So we obviously have an even number of council members here to vote. How does that work? If the vote is two to.
Speaker 5: The planning board decision stands.
Speaker 4: Because there's not a majority to overturn it.
Speaker 9: Vice Mayor I'd like to make a motion then, and I think arbitrary and capricious and discriminatory are pretty strong characterizations of what the planning board did. Because I looked at that, I watched the hearing. I think they have a different opinion, but I don't think it's arbitrary, capricious or discriminatory. And I also think that there is a difference between all the other licenses and the license that allows you to drive a car up. Pump gas, buy a can of beer and get back in the car right away. And I think that's a distinction that some people have drawn in discussions with me. So and with that background, I'd like to make a motion that we uphold the decision of the planning board with regard to the use permit at 1716 Webster Street.
Speaker 1: And.
Speaker 4: In our second. And I also want to echo device mayors comments that I certainly appreciate differences of opinions and community issue an issue from different directions, but our voluntary boards and commissions take their tasks seriously and put a lot of time and effort into the decisions they make. And I know they do their homework. They go out and do their site visits and talk to many people. Arbitrary, capricious and discriminatory. I don't think so. Thank you.
Speaker 0: And I'd like to add, it's my understanding the vote at the planning board was not unanimous and the word discriminatory did come up from the council member that opposed it. So I'm not bringing that up for the first time. That being said although some favor I. Oppose. No, no. So the planning.
Speaker 5: Or.
Speaker 0: Decisions.
Speaker 7: The motion.
Speaker 0: The motion fails for the motion fails. We have another motion.
Speaker 3: I don't think.
Speaker 5: If there is no change to the planning board decision by the City Council, then the planning board decision stands.
Speaker 4: We're upholding the.
Speaker 0: Three. We?
Speaker 7: Even though the motion was to. Sustain it, and that motion didn't pass.
Speaker 5: There is no action then by the city council.
Speaker 7: Even though the motion was to uphold it.
Speaker 5: Councilmember. You can make a motion to go the other way and that one is going to fail as well. I can tell you that right now, but go ahead.
Speaker 3: Maybe that's why.
Speaker 7: I'm not making it.
Speaker 4: You did the math.
Speaker 9: It's like playing tic tac toe.
Speaker 0: I'll make a motion. Then I'd like to make a motion that we approve this permit. For the applicant was 1716 Webster. Are second. All right, then that motion fails. Okay. Then you move on to the next agenda item and the planning board decision stands. And I appreciate everyone that came out on this item. We're going to take a recess.
Speaker 1: Okay. Okay.
Speaker 0: Can you go ahead and resume if everyone could take their seats? We're going to go ahead and resume. Thank you very much. And now.
Speaker 3: Item.
Speaker 1: Six C introduction of ordinance, approving a lease and authorizing the city manager to execute documents necessary to implement implement the terms of a five year lease with Dreyfus Capital Partners, a California limited liability company for Building 29, located at 1701 Monarch Street at Alameda Point, the site of requires for affirmative coaching.
Public Hearing to Consider Call for Review and Adoption of Resolution Upholding the Planning Board Resolution PB-16-01 to Deny Use Permit File No. PLN15-0440 to Allow the Sale if Beer and Wine at a Convenience Store (76 Gas Station) Located at 1716 Webster Street. [The proposed amendment is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15270 - Projects Which Are Disapproved.] (Community Development 481001)