2002-03-19 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY - - MARCH 19, 2002 - - 7:30 P.M.
Mayor Appezzato convened the Regular Meeting at 7:30 p.m.
ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson,
Kerr, and Mayor Appezzato - 5.
Absent: None.
AGENDA CHANGES
(02 -124) Mayor Appezzato suggested that a motion be made to
reconvene the Bible Church Public Hearing [paragraph No. 02 -135] to
a later date; inquired how notice would be provided.
The City Attorney stated there would be extensive community
outreach; the matter would be on the Government Channel and in
newspapers.
Councilmember Kerr moved approval of holding the Public Hearing on
the Chinese Bible Church on another date and at another venue.
Councilmember Johnson seconded the motion.
Under discussion, Mayor Appezzato stated hopefully the hearing will
be civilized; everyone has the right to speak.
Vice Mayor DeWitt requested the City Attorney to inform the public
of the Council's authority over the matter.
The City Attorney stated the matter is an appeal of a Planning
Board decision; the subject of Council review is in two areas: 1)
major design review, and 2) final development plan; the matter has
a history going back to Development Agreements and Settlement
Agreements completed in the late 1970s and early 1980s; the
particular use is approved; the Council does not have ability to
deny the use and may address only two components of the use: design
review and the final development plan; Council does not have
discretion to deny locating the Chinese Bible School at the site.
The Planning Director concurred with the City Attorney's comments
regarding use; stated focus should be on the design and development
plan.
Councilmember Daysog inquired whether the City Council has
discretion to review items on a de novo basis.
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March 19, 2002
The City Attorney stated de novo means of new, which allows the
City Council to stand in the shoes of the Planning Department;
previously, appeals were limited to whether the Planning Board
abused its discretion; now, the City Council has the ability to
make decisions after hearing facts, evidence and testimony that the
Planning Board heard; Council does not have de novo authority over
decisions made in the early 1980s when the Development Plan and
Settlement Agreement were adopted.
Councilmember Daysog further inquired whether a de novo review of
the Planning Board's decision allows the Council to apply a fresh
set of eyes to both issues which have and have not been reviewed.
The City Attorney responded in the affirmative; stated Council can
makes its own decision on the major design review and the final
development plan and can impose a set of reviews and conditions.
Councilmember Daysog inquired whether design review includes set
back, width and footprint, to which the Planning Director responded
in the affirmative.
Mayor Appezzato stated the business park was formed and an
Agreement was in place long before Councilmembers took office; the
developer has legal rights; the Hearing will be held in a venue,
which will accommodate everyone; hopefully, it will be civil.
Vice Mayor DeWitt stated the Council does not have jurisdiction to
deny the project; the matter is only design review.
Mayor Appezzato stated there will be presentations by the
community, the developer and City staff to identify ramifications
and legal requirements.
Councilmember Kerr noted speakers' testimony should not be limited.
Councilmember Johnson inquired where people could obtain
information.
Mayor Appezzato requested the Planning staff to meet with
homeowners associations and the developer to meet with people and
brief them on the project.
Councilmember Daysog stated that he received numerous phone calls,
e -mails and letters on the matter, both pro and con; previously,
Councilmembers were not permitted to discuss appeals of Planning
Board decisions; that he has received sufficient information.
The Planning Director encouraged interested individuals to contact
the Planning Department for information.
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The Developer stated individuals could also contact their
representative to arrange meetings or request additional
information.
Councilmember Johnson suggested that if Planning staff receives a
great number of phone calls, a meeting be held to allow people to
ask questions.
The Planning Director stated the rescheduled meeting could start
with an open house prior to the Hearing.
Mayor Appezzato stated staff should try to bring people together to
disseminate information before the Public Hearing.
On the call for the question, the motion carried by unanimous voice
vote - 5.
Mayor Appezzato called a recess at 7:43 p.m. and reconvened
the Regular Council Meeting at 8:17 p.m.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(02 -125) Presentation of "Prudential Spirit of the Community
Award" to Emily Schultheis for her "Protect Our Pups" Project.
Prudential representative Phil Santaro presented the award to Emily
Schulthies.
State Senator Don Perata congratulated Emily on receiving the
award.
Emily Schultheis thanked everyone for their support and introduced
her family members.
Mayor Appezzato called a recess at 8:28 p.m. and reconvened
the Regular Council Meeting at 8:31 p.m.
(02 -126) Presentation on status of Main Library Project.
[ Councilmember Johnson]
The Library Director gave a brief Power Point presentation on the
Library Project.
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March 19, 2002
Councilmember Kerr stated the library has worked to establish
collections in other languages; however, there are limited
resources; the Chinese Business Center in Oakland Chinatown has a
Chinese branch of the Oakland Public Library; inquired whether the
City is working with said organization; stated the resource could
supplement the City's efforts.
The Library Director responded the City has access to materials in
the same way it has access to materials in other public libraries;
a City staff member is familiar with the literature, reads and
speaks the language, and is in close contact with the community; a
meeting has been held with members of the Chinese language
community, too; the library does not have large foreign language
collections; people are aware of and use the branch in Oakland.
Councilmember Daysog inquired when the State would respond to
funding requests.
The Library Director responded the application will be submitted in
June and response is expected in September.
Councilmember Johnson inquired whether the City could make
revisions and resubmit the application if the State does not
approve funding, to which the Library Director responded in the
affirmative.
Councilmember Johnson stated the joint programs look excellent; the
application process has raised issues, which the City should be
focusing on to make the library and schools better; noted there is
only $150 Million for the whole State.
Vice Mayor DeWitt stated there are number of elements involved in
the application, including site ownership, architectural drawings
and joint ventures; requested the Library Director to review other
items.
The Library Director stated the supporting planning documentation
is also required, which includes a needs assessment, plan of
service, and building program.
CONSENT CALENDAR
Councilmember Kerr moved approval of the Consent Calendar.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 5.
[Items so enacted or adopted are indicated by an asterisk preceding
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March 19, 2002
the paragraph number]
( *02 -127) Minutes of the Special and Regular City Council Meetings
held on March 5, 2002. Approved.
( *02 -128) Recommendation to endorse an Application to the
Metropolitan Transportation Commission for a Capital Grant in the
amount of $2,000,000 for the Park Street Streetscape and Town
Center Project and authorize City Matching Funds in the amount of
$500,000 from the Business and Waterfront Improvement Project.
Accepted.
( *02 -129) Recommendation to authorize the City Manager to propose
New State Legislation to provide the City of Alameda with authority
to exchange Public Trust Lands and resolve Trust Boundary Disputes
subject to State Lands Commission Approval. Accepted.
( *02 -130) Recommendation to accept the work of J.W. Riley & Sons,
Inc., for Repair of Portland Cement Concrete Sidewalk, Curb, Gutter
and Driveway, No. P.W. 02- 01 -05. Accepted.
( *02 -131) Recommendation to authorize Associate Civil Engineer
(Project Manager) for Public Works Department to Assist with
Capital Improvement Program (CIP) Preparation. Accepted.
( *02 -132) Introduction of Ordinance Amending Ordinance No. 2871 by
Extending Franchise Agreement with Waste Management of Alameda
County, Inc. for Solid Waste Collection and Disposal on a Month -to-
Month Basis to no Later than February, 2003. Introduced.
( *02 -133) Introduction of Ordinance Approving and Authorizing the
Sale of City Owned Property Located at 2834 Adams Street, Alameda,
California, and Waiving the 30 -Day Delay in Effective Date Pursuant
to Charter Section 3 -12. Introduced.
( *02 -134) Ratified bills in the amount of $2,057,672.38.
REGULAR AGENDA ITEMS
(02 -135) Public Hearing to consider an Appeal of the Planning
Board's approval of Final Development Plan (FDP 01 -05) and Major
Design Review (DR 01 -108), for construction of a 28,500 square foot
church and 150,000 square foot 51- classroom school project on 17
acres and adoption of related resolution. The project includes
three major buildings, 430 parking spaces, 9 acres of athletic
fields and landscaping. The school would serve kindergarten
through high school, with capacity of approximately 1,200 students.
The site is located at 1801 North Loop Road and is zoned CM -PD
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Commercial Manufacturing, Planned Development Combining Zoning
District. Applicant: Chinese Bible Church. Appellants: Andrea
Scarnecchia, Nick Correia, Michelle Stempien and Richard Davis.
Not heard.
(02 -136) Public Hearing to consider an appeal of the Planning
Board's approval of Mitigated Negative Declaration (IS 01 -07)
pursuant to California Environmental Quality Act, a Use Permit (UP
01 -025) for lodging use and operation of a business after 10:00
p.m., Preliminary Design Review (DR 01 -092) approval for
construction of a 50 room, three -story hotel with 64 parking spaces
on a 0.7 acre parcel. The property is located at the southeast
corner of Webster Street and Pacific Avenue within the CC,
Community Commercial Zoning District and is designated Community
Commercial on the General Plan. Applicant: Sandip Jariwala,
Alameda Hospitality LLC. Appellant: Ed Murphy;
(02 -136A) Resolution No. 13439, "Denying the Appeal of Ed Murphy
and Upholding the Planning Board's Adoption of a Mitigated Negative
Declaration IS 01 -07 and Mitigation Monitoring Program for a Hotel
at 1628 Webster Street for Alameda Hospitality LLC." Adopted; and
(02 -136B) Resolution No. 13440, "Denying the Appeal and Upholding
the Planning Board Approval of a Use Permit UP 01 -25 and Major
Design Review DR 01 -92, 1628 Webster Street at Pacific Avenue for a
Hotel Use and a Use Between 10:00 p.m. and 7:00 a.m. and to
Construct the Hotel." Adopted.
The Development Review Manager stated the Planning Board
unanimously approved the application; the project received support
from the West Alameda Business Association (WABA) and community
members; the Applicant indicated that cook -tops would be eliminated
from the twelve suites; none of the rooms will have cooking
facilities.
Mayor Appezzato opened the Public Hearing.
Proponents (In favor of appeal):
Joseph Wood, Attorney representing Appellant.
Opponents (Opposed to appeal):
Sandip Jariwala, Applicant;
Chris L'Orange, Attorney representing Applicant;
Jon Spangler, Alameda;
Georgia Madden, WABA;
Mi'Chelle Fredrick, WABA (submitted 46 letters); and
Sam Koka, Alameda.
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There being no further speakers, Mayor Appezzato closed the public
portion of the Hearing.
Councilmember Johnson thanked WABA and the applicant for working
together to come up with a mutually agreeable plan; inquired
whether the City Attorney supports the recommendation to deny the
appeal.
The City Attorney responded in the affirmative; stated under the
City Charter and Municipal Code, the rooms should not be considered
dwelling units.
Councilmember Johnson moved adoption of the Resolutions denying the
appeal.
Councilmember Daysog seconded the motion.
Under discussion, Councilmember Kerr stated the Charter forbids
multiple dwelling units; a dwelling unit is defined as a place of
residence with a kitchen; the Applicant has withdrawn all heating,
cooking and sink devices from the plan.
On the call for the question, the motion carried by unanimous voice
vote - 5.
ORAL COMMUNICATIONS, NON- AGENDA
None.
COUNCIL COMMUNICATIONS
(02 -137) Councilmember Daysog requested an update on the ice cream
parlor [Double Rainbow on Webster Street].
(02 -138) Councilmember Johnson requested an update on the
Webster /Posey Tube closures.
ADJOURNMENT
There being no further business, Mayor Appezzato adjourned the
Regular Meeting at 9:07 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
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March 19, 2002