2000-06-06 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -JUNE 6, 2000- -7:30 P.M.
Mayor Appezzato convened the meeting at 7:44 p.m. Vice Mayor
Daysog led the Pledge of Allegiance. Reverend Jack Buckley, First
Presbyterian Church, gave the invocation.
ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson,
Kerr and Mayor Appezzato - 5.
Absent: None.
[Note: Mayor Appezzato left the Meeting at 9:15 p.m.]
AGENDA CHANGES
(00 -288) Mayor Appezzato announced that the Introduction of
Ordinance regarding swine [paragraph no. 00 -304] was withdrawn from
the Agenda at the request of Daniel Reidy, Esq., on behalf of
Covance Research Products, Inc.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(00 -289) Recognition of "Chief Operator Teen Driving Program" CD
Album Winners.
Police Officer Sean Fernandez and Mayor Appezzato presented
Certificates of Recognition to Lincoln Middle School students
Daniel Lappa, Louis Pappas and Andrew Sherrer.
(00 -290) Presentation to the City Council and Alameda Unified
School District by Herb Dow, Chair, Board of Sorrells Pickard
Gourmet Peanut Butter.
Herb Dow announced that Sorrells Pickard Gourmet Peanut Butter
would donate 100 cases of Peanut Butter to the Alameda Unified
School District.
CONSENT CALENDAR
Mayor Appezzato announced that the recommendation to authorize
Harbor Bay Maritime to exercise its option to extend the term of
the East End Ferry Service Contract [paragraph no. 00 -294] and the
Recommendation to allocate Measure B Funds for the Alameda Oakland
Ferry Service [paragraph no. 00 -2951 were withdrawn from the
Consent Calendar for discussion.
Councilmember Kerr moved approval of the remainder of the Consent
Calendar.
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Alameda City Council 1
June 6, 2000
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 5. [Items so enacted or adopted are
indicated by an asterisk proceeding the paragraph number.]
( *00 -291) Minutes of the Regular City Council Meeting of May 16,
2000. Approved.
( *00 -292) Recommendation to authorize the Mayor's 25th Annual
Fourth of July Parade and Parade Route. Accepted.
( *00 -293) Recommendation to accept Ninth Annual Report on
Implementation of the Housing Element. Accepted.
(00 -294) Recommendation to authorize Harbor Bay Maritime to
exercise its option to extend the term of the East End Ferry
Service Contract from July 1, 2000 to June 30, 2001; authorize
execution of Agreement for the One Year Extension of Term; and
allocate Traffic Improvement Funds for Operating Subsidy.
Len Grzanka, Alameda, stated in prior years he reviewed the
unaudited proforma financial statements that the ferry companies
submitted in relation to requests for taxpayer subsidies; taxpayer
money is being awarded to ferry service providers; rather than
relying on the proforma statements, complete, audited financial
statements should be submitted and made available for public
inspection; in lieu, the City Auditor should officially audit the
statement before awarding the public subsidy; there should be
control over public funds given to a private company.
Councilmember Johnson moved approval of the staff recommendation.
Vice Mayor Daysog seconded the motion, which carried by unanimous
voice vote - 5.
(00 -295) Recommendation to allocate Measure B Funds and authorize
Amendment to Contract with Blue & Gold Fleet to partially offset
Increased Fuel Costs for the Alameda Oakland Ferry Service.
Len Grzanka, Alameda, stated his suggestion on the previous agenda
item [paragraph no. 00 -2941 was not considered or commented on by
Council; requested the ferry companies have proper controls and
audits since public monies are given to private companies.
Mayor Appezzato stated all mass transit is subsidized; the funding
does not come from the General Fund; ridership is up on the East
End; to accommodate the West End ferry ridership increase, an
additional parking lot had to be built; a substantial amount of
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Alameda City Council 2
June 6, 2000
funding comes from Bay Bridge tolls; the Governor has established a
Bay Area Task Force to review ferry service; ferry service should
increase.
Councilmember Johnson stated riders pay their fare share; a one -way
ticket is $4.75; ridership cannot be maintained and increased if
added costs are passed on to the consumers.
Councilmember Johnson moved approval of the staff recommendation.
Vice Mayor Daysog seconded the motion.
Under discussion, Councilmember Kerr stated the West End ferry
service's subsidy is not much more than the subsidy for an A.C.
Transit [bus] trip; the West End ferry service provider competition
was scrutinized, including economics.
Mayor Appezzato inquired the status of the new ferry boat purchase.
The City Manager responded an Off Agenda Report would be provided;
stated the City is reviewing rebidding; Public Works staff just met
with the City's consultants regarding the bids; there should be
three good bids.
Mayor Appezzato stated A.C. Transit contacted him and the City of
Oakland, because it is interested in assuming administration of
buses and ferries since bus connections are vital to ferry service;
possibly money could be saved on administration; inquired whether
the matter could be explored.
The City Manager stated staff is meeting with A.C. Transit and the
City of Oakland on the issue.
Councilmember Kerr stated saving money is a good idea; however,
A.C. Transit left Alameda out of a proposed major funding study and
might not be the best at managing a service the City has managed
quite well.
On the call for the question, the motion carried by unanimous voice
vote - 5.
( *00 -296) Resolution No. 13222, "Authorizing the City Manager
and /or His Authorized Representative to Negotiate in the Open
Market Pursuant to Section 3 -15 of the City Charter for
Construction of the Officer's Club Building Roof Repair Project,
No. P.W. 05- 00 -08." Adopted.
( *00 -297) Resolution No. 13223, "Authorizing the City Manager to
Apply for Regional Measure 1 -5o Funds for Both the East End and
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Alameda City Council 3
June 6, 2000
Alameda /Oakland Ferry Services for FY 2000 -01 and Enter Into All
Agreements Necessary to Secure These Funds." Adopted.
( *00 -298) Resolution No.
Complete the
2000) to the
Recycling."
Block Grant
California
Adopted.
13224, "Authorizing the City Manager to
Process for Block Grant Funds (FY 1999 -
Department of Conservation, Division of
( *00 -299) Introduction of Ordinance Approving and Authorizing the
Lease of City Owned Property at the Chuck Corica Golf Course
(Formerly Occupied by AT &T) to Alameda Power and Telecom.
Introduced.
( *00 -300) Ratified bills in the amount of $ 2,076,413.77.
REGULAR AGENDA ITEMS
(00 -301) Public Hearing to consider an Appeal of a Planning Board
Decision Denying Use Permit, UP -99 -32 to allow the conversion of a
single- family residence into a law office, Variance, V -99 -20 to
allow six conforming parking spaces and two tandem parking spaces,
where ten parking spaces are required, and a Minor Design Review
for the development of off - street parking. The site is located at
2058 Central Avenue, within an R -5, General Residential Zoning
District. Applicant /Appellant: Martha Caron; and
(00 -301A) Resolution No. 13225, "Denying the Appeal of Martha Caron
and Upholding the Planning Board's Denial of Use Permit, UP- 99 -32,
to Convert a Single- Family Residence into a Law Office, Variance,
V- 99 -20, to Permit Eight Off- Street Parking Spaces with Two Tandem
Parking Spaces, and a Minor Design Review to Create Off- Street
Parking at 2058 Central Avenue." Adopted.
Mayor Appezzato opened the public portion of the Hearing.
Opponents:
Dang Nguyen, Alameda;
June Williams, Alameda.
Proponent:
Christopher Hanson, Attorney representing Applicant.
There being no further speakers, Mayor Appezzato closed the public
portion of the Hearing.
Councilmember DeWitt stated his policy has been not to eliminate
housing for commercial uses.
Councilmember DeWitt moved that the Planning Board's decision be
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Alameda City Council 4
June 6, 2000
upheld [adoption of the Resolution].
Councilmember Johnson seconded the motion.
Under discussion, Councilmember Johnson stated the [2000] block of
Central Avenue has two Bed & Breakfasts and two office uses; there
is a higher amount of businesses on the 2100 of Central Avenue; as
businesses are allowed to expand into residential neighborhoods,
the residential neighborhoods are eventually taken over by
businesses; business use should be contained into the area where
businesses are concentrated and residential neighborhoods should be
preserved.
Councilmember Kerr stated the building would not be completely
unmodified inside; a wall would be removed; it is not a matter of
different use of rooms; there is a myth that residential use only
occurs at night; many people work shifts; there could be objections
to daytime noise; that she does not support tandem parking for
commercial use; residential neighborhoods and the housing stock
need protection.
Vice Mayor Daysog stated the he supports the Planning Board's
decisions.
Mayor Appezzato stated that he would support the motion.
On the call for the question, the motion carried by unanimous voice
vote - 5.
(00 -302) Public Hearing to consider Resolution No. 13226,
"Confirming the Business Improvement Area Report for FY 2000 -01;
Changing Benefit Area "A" to "B" in Address Ranges 1200 -1251 Park
Street and 2267 -2499 Lincoln Avenue; Decreasing the Boundary
Through Elimination of the 1600 Block of Everett Street; and
Levying an Annual Assessment on the Alameda Business Improvement
Area of the City of Alameda for FY 2000 -01." Adopted; and
(00 -302A) Introduction of Ordinance Amending Alameda Municipal Code
by Amending Subsection 6 -7.2 (Area Established; Description) of
Section 6 -7 (Regulations for Alameda Business Improvement Area),
Article II (Alameda Business Improvement Area) of Chapter VI
(Businesses, Occupations and Industries) Changing Benefit Area "A"
to "B" in Address Ranges 1200 -1251 Park Street and 2267 -2499
Lincoln Avenue and Decreasing the Boundary Through Elimination of
the 1600 Block of Everett Street in the Alameda Business
Improvement Area in Fiscal Year 2000 -01. Introduced.
Councilmember Kerr stated that she owns property within 2,500 feet
of the assessment area to be changed, therefore, she would recuse
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Alameda City Council 5
June 6, 2000
herself. [Councilmember Kerr left the dais.]
Councilmember Johnson moved approval of the staff recommendation
[adoption of the Resolution and introduction of the Ordinance].
Councilmember DeWitt seconded the motion, which carried by the
following voice vote: Ayes: Councilmembers Daysog, DeWitt, Johnson
and Mayor Appezzato - 4. Abstentions: Councilmember Kerr - 1.
[Note: Councilmember Kerr recused herself due to owning property
within 2500 feet of the assessment area.]
(00 -303) Resolution No. 13227, "Adopting Findings and a Statement
of Overriding Considerations, Mitigation Measures, and a Mitigation
Monitoring Program for the Conveyance of the Fleet Industrial
Supply Center (FISC), Alameda Annex and Facility." Adopted;
(00 -303A) Resolution No. 13228, "Adopting Findings Regarding
Baseline Physical Conditions for the Environmental Impact Report
for the Reuse of Naval Air Station Alameda and the Fleet Industrial
Supply Center, Alameda Annex and Facility." Adopted; and
(00 -303B) Recommendation to approve the Memorandum of Agreement
between the United States Government (Navy) and the City of Alameda
for Conveyance of the Fleet Industrial Supply Center.
Eve Bach, ARC Ecology and Renewed HOPE, stated there is a real
problem with the notice for the Resolution adopting findings and a
statement of overriding considerations [Resolution No. 13227];
actions are not limited to conveyance of FISC, rather it involves
use of the entire Environmental Impact Report (EIR) and represents
a modification of the project of the mitigations and mitigation
monitoring plan; the public has been deprived of the opportunities
afforded by California Environmental Quality Act, e.g. commenting
and timeframes; her comments on findings regarding the Baseline
physical conditions [Resolution No. 13228] were ignored until her
organizations filed a lawsuit; it appears the City is hoping to
cure the problem by passing findings; however, it is too late; it
was supposed to happen at the close of the Public Hearing on the
findings; there are also factual problems with the findings, which
suggest that 1990 was the last year of full [Base] operation
because there was the potential for the Base to close; there is a
history which suggests there was no more potential for the Base to
close then [1990], than there was in 1989; the 1990 date does not
fit the facts; inquired why the City Council is making a
recommendation to approve the Memorandum of Agreement between the
United States Government (Navy) and the City of Alameda for
Conveyance of the Fleet Industrial Supply Center; further inquired
whether the recommendation is a vehicle for the Resolutions.
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Alameda City Council 6
June 6, 2000
Mayor Appezzato inquired whether staff would like to respond to Ms.
Bach's question.
The City Attorney stated process is followed for all Council
actions, in terms of resolutions and ordinances; the findings are
appropriate at this point; Ms. Bach is making a technical argument
that is not correct; Council should proceed as recommended by
staff.
Richard Neveln, Alameda, stated public transit should be encouraged
and funded; traffic should be reduced; the Resolution on overriding
considerations and findings [Resolution No. 13227], should be
amended to include funding for public transit; there should be
capital funding for shelters and equipment, as well as operational
funding, to reduce congestion in the City of Alameda.
Vice Mayor Daysog requested a presentation be given at one of the
next two Council Meetings to review matters which have been and
will be addressed by the [Public] Transit Committee; stated the
presentation could be similar to the Economic Development
Commission's Visioning Process updates.
Councilmember Johnson stated the City has a consultant reviewing
issues, such as bus routes and connections between transit systems;
the Public Transit Committee could prepare a report within the next
several meetings; however, the big - picture issue of transportation
throughout the City is being reviewed [by consultant].
Vice Mayor Daysog inquired whether the report could be forwarded as
a presentation to the City Council.
The City Manager stated staff would prepare an Off Agenda Report on
the Public Transit Committee's activities.
Vice Mayor Daysog inquired whether there could be a discussion at
the Council level.
The City Manager suggested the Off Agenda Report be prepared for
Council review; then, the matter be placed on an Agenda for public
discussion.
Vice Mayor Daysog concurred with said suggestion.
Councilmember Johnson inquired whether all three matters should be
addressed separately, to which the City Manager responded in the
affirmative.
Development Manager Jeff Bond stated there was testimony at the May
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Alameda City Council 7
June 6, 2000
31st Special Meeting from a City of Oakland representative; since
said time, Oakland and Alameda have collaborated in a
correspondence to the State Department of Transportation [letter
dated June 2, 2000 to Tom McDonnell, State of California,
Department of Transportation]; staff would like to enter the
correspondence into the record for these three Council actions and
additional Council actions [paragraph nos. 00 -311, 00 -312, 00 -313,
and 00 -314].
Councilmember Johnson moved adoption of the Resolution [No. 13228]
Adopting Findings Regarding Baseline Physical Conditions for the
Environmental Impact Report for the Reuse of Naval Air Station
Alameda and the Fleet Industrial Supply Center, Alameda Annex and
Facility [including entering into the record the letter dated June
2, 2000 to Tom McDonnell, State of California, Department of
Transportation].
Councilmember DeWitt seconded the motion.
Under discussion, Councilmember Kerr stated distinct development
plans will be reviewed by the Planning Board; issues raised by the
speaker [Mr. Neveln] can be addressed at said time; everyone is
interested in public transit; there should be lanes for alternative
transit to enable residents to get to the ferry; for example,
electric vehicles as small as golf carts could be used to reduce
emissions; said matters will be considered in the future; there
will be Planning Board Hearings in the future.
On the call for the question, the motion carried by unanimous voice
vote - 5.
Councilmember Johnson moved adoption of the Resolution [No. 13227]
Adopting Findings and a Statement of Overriding Considerations,
Mitigation Measures, and a Mitigation Monitoring Program for the
Conveyance of the Fleet Industrial Supply Center (FISC), Alameda
Annex and Facility [including entering into the record the letter
dated June 2, 2000 to Tom McDonnell, State of California,
Department of Transportation].
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 5.
Councilmember Kerr moved approval of the Memorandum of Agreement
between the United States Government (Navy) and the City of Alameda
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Alameda City Council 8
June 6, 2000
for Conveyance of the Fleet Industrial Supply Center [including
entering into the record the letter dated June 2, 2000 to Tom
McDonnell, State of California, Department of Transportation].
Vice Mayor Daysog seconded the motion.
Under discussion, Councilmember Kerr stated everyone on the Council
has worked on the issue for a long time; she has worked on the
matter for seven and a half years.
On the call for the question, the motion carried by unanimous voice
vote - 5.
(00 -304) Introduction of Ordinance Amending the Alameda Municipal
Code by Amending Subsection 7 -7.1 (Keeping Swine) of Section 7 -7
(Swine), Chapter VII (Animal Control). Withdrawn.
Matter was withdrawn at the request of Daniel Reidy, Esq., on
behalf of Covance Research Products, Inc. (See letter dated June 6,
2000) .
In order to convene the Special Alameda Reuse and Redevelopment
Authority (ARRA) Meeting, the Regular City Council Meeting was
recessed at 8:48 p.m. and reconvened at 8:54 p.m. to take Mayor's
nominations to various Boards and Commissions out of order.
COUNCIL COMMUNICATIONS
(00 -305) Consideration of Mayor's nomination for appointment to the
Civil Service Board.
Mayor Appezzato nominated Jean Gaskill for reappointment to the
Civil Service Board.
(00 -306) Consideration of Mayor's nomination for appointment to the
Historical Advisory Board. [Registered Architect Seat]
Mayor Appezzato nominated Scott Brady for reappointment to the
Historical Advisory Board.
(00 -307) Consideration of Mayor's nominations (2) for appointment
to the Housing and Building Code Hearing and Appeals Board.
Mayor Appezzato nominated Frederick A. Chew, Jr. and A. Baird
Heffron for reappointment to the Housing and Building Code Hearing
and Appeals Board.
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Alameda City Council 9
June 6, 2000
(00 -308) Consideration of Mayor's nominations (2) for appointment
to the Housing Commission. [Member -at -large seats]
Mayor Appezzato nominated C. Richard Bartalini and Susan Jeffries
for reappointment to the Housing Commission.
(00 -309) Consideration of Mayor's nomination for appointment to the
Library Board. Held over.
Mayor Appezzato announced that he had to leave the Meeting and
called a recess at 8:56 p.m. [to reconvene the Special ARRA
Meeting]. Vice Mayor Daysog reconvened the Regular Council Meeting
at 9:15 p.m.
REGULAR AGENDA ITEMS
(00 -310) Ordinance No. 2832, "Reclassifying and Rezoning a Certain
Property within the City of Alameda from R -1 (One Family Residence
District) to R -1 -PD (One Family, Planned Development Combining
District) Located at 43 County Road." Finally passed.
Councilmember Kerr moved final passage of the Ordinance.
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 4 Ayes. [Absent: Mayor Appezzato - 1.1
(00 -311) Ordinance No. 2833, "Reclassifying and Rezoning Property
Located at the Former Alameda Fleet Industrial Supply Center (FISC)
and Annex and Naval Air Station (NAS) Alameda East Housing from M-
2-G, General Industrial (Manufacturing) District with a Special
Government Combining Overlay (G) and R -4 -G, Neighborhood
Residential with a Special Government Combining Overlay (G) to MX,
Mixed Use Planned Development District." Finally passed.
Councilmember DeWitt moved final passage of the Ordinance.
Vice Mayor Daysog inquired whether the letter [dated June 2, 2000
to Tom McDonnell, State of California, Department of
Transportation] should be entered into the record.
The City Attorney responded in the affirmative.
Councilmember DeWitt amended his motion to include [entering into
to record] the letter [dated June 2, 2000 to Tom McDonnell, State
of California, Department of Transportation].
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June 6, 2000
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 4 Ayes. [Absent: Mayor Appezzato - 1.]
(00 -312) Ordinance No. 2834, "Approving Master Plan MP -99 -01 for a
Mixed Use Development Including Single- Family Residential Office,
Research and Development, Open Space, and Limited Retail Uses as
well as Sites for Multiple Family Residential and a School, Located
Within a Project Area Encompassing Approximately 215 Acres of Land
and Water at the Former Alameda FISC and Annex and NAS Alameda East
Housing." Finally passed.
Jean Sweeney, Alameda, stated MX zoning [regulation] changes were
made last January to allow developers to present a Detailed Plan,
which would have automatic review by the Planning Board, or present
Plan Amendments which would be decided upon by the Planning
Director alone and cut out automatic review by the Planning Board;
there were assurances this [Catellus] project would go with the
traditional Detailed Plan to ensure citizens would be happy with
what happens to the site; the Planning Board should not be cut out;
citizens should have an opportunity to express views through the
Planning Board; there should be a way to prevent the crowded,
congested residential plan as it has been presented; it is
unacceptable to have zero side- and back yards; there should be
public discussion of lot size, trees, walls, and traffic; Public
Works has indicated the project will create gridlock in the year
2020; inquired whether the City will be paid for the 5 acre park in
the residential area and the 11 acre promenade along the
waterfront; whether the City will have to pay for the Tinker Avenue
extension; whether the City has to provide land for a school;
whether the City has to give a certain percentage of the money to
pay for the school; whether the Community Improvement Commission
(CIC) will have to pay for infrastructure; where is the profit; and
are future tax increments going to make up for all these expenses;
stated taxes from housing only pays for 120 of the cost of police
and fire protection; inquired whether tax increment can be used to
pay for public officials' salaries; stated the CIC, the
redevelopment agency in Alameda, has one of the largest staffs in
the City which has to be an expense.
Councilmember Kerr stated that she discussed the Master Plan
documentation at the Special Council Meeting [May 31, 2000]; the
Catellus project will require specific development plans to come
before the Planning Board; specific sections of the Master Plan
refer to detailed Development Plans; zero lot lines are discussed
in the Master Plan; it is important to hold Public Hearings; the
public's job is not over.
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June 6, 2000
Councilmember Johnson stated there is a continuing belief that the
Planning Board is left out on MX zoning; requested the Planning
Director to describe the Planning Board's role.
The Planning Director stated staff presented an [Code] Amendment
[to MX Zoning Regulations], which contemplated the use of specific
Design Criteria in lieu of specific Building Designs and
established delegation of authority to the Planning Director of
some or all aspects; the Catellus project used the authority
established in the [Code] Amendment to submit detailed design
guidelines having to do with lot size and coverage, rather than
submitting detailed buildings to allow the design to be filed over
time and in response to changing markets; when Catellus presents
housing and office building designs in phases, there will be Public
Hearings before the Planning Board with right of appeal or call for
review to the City Council.
Councilmember Johnson stated the Planning Board will not be left
out of the process.
The Planning Director responded in the affirmative; stated the
Planning Board's role has not changed; only design guidelines have
been substituted for building designs.
Councilmember Kerr stated the amendment on MX zoning allows that
the Council decides, at the instigation of MX zoning of an area,
whether to delegate designs and most or all of the decision making
process to the Planning Director; for the [ Catellus] project,
Council did not choose to do so [delegate decision making to the
Planning Director]; in future MX zoning, if decisions are delegated
to the Planning Director, decisions will appear on an informational
list at Planning Board meetings and will not be on the consent
calendar; a background report will not be in the packet, unless the
public, Planning Board or Council request a report.
Councilmember DeWitt moved final passage of the Ordinance including
entering into the record the letter [dated June 2, 2000 to Tom
McDonnell, State of California, Department of Transportation].
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 4 Ayes. [Absent: Mayor Appezzato - 1.]
(00 -313) Ordinance No. 2835, "Amending Ordinance No. 2559, as
Amended by Ordinance No. 2681 and Approving and Adopting the
Amendment to the Community Improvement Plan for the Business and
Waterfront Improvement Project." Finally passed.
Councilmember Johnson moved final passage of the Ordinance
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June 6, 2000
including [entering into the record] the letter dated June 2, 2000
[to Tom McDonnell, State of California, Department of
Transportation].
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 4 Ayes. [Absent: Mayor Appezzato - 1.]
(00 -314) Ordinance No. 2836, "Approving Development Agreement DA-
99-01 for a Mixed Use Development Including Single- Family
Residential Office, Research and Development, Open Space, and
Limited Retail Uses as well as Sites for Multiple Family
Residential and a School, Located Within a Project Area
Encompassing Approximately 215 Acres of Land and Water at the
Former Alameda FISC and Annex and NAS Alameda East Housing."
Finally passed.
Councilmember Kerr moved final passage of the Ordinance including
[entering into the record] the letter dated June 2, 2000 [to Tom
McDonnell, State of California, Department of Transportation].
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 4 Ayes. [Absent: Mayor Appezzato - 1.1
(00 -315) Written Communication from Richard L. Purdy, Commodore,
Aeolian Yacht Club, requesting a City initiated rezoning of the
Yacht Club at 980 Fernside Boulevard from R -1 (One Family Residence
District) to an appropriate zoning which is compatible with the
historic use of the site as a yacht club and social club.
Richard Purdy, Aeolian Yacht Club, stated that in 1920 and 1940,
there were zoning changes which were favorable to the use; in 1958,
the [zoning] Code was changed and the Yacht Club was zoned single -
family residence; the Club was built in 1908; the Yacht club is
facing Americans with Disabilities Act requirements, e.g. the ramp
from the parking lot to the front door is too steep and does not
comply; there are also seismic considerations; the Yacht Club would
like to increase the height of the building by about 30 inches,
which would not comply with R -1 zoning; there are six yacht clubs
in Alameda and social clubs, such as the Elks Club, which are zoned
for compatible uses; the Club is requesting Council to encourage
the Planning Board to rezone the Yacht Club to a zoning which is
compatible with the historic use of the building; if there was a
fire or earthquake and the building were lost, it could not be
rebuilt under the current Code; the Club would like the ability to
carry on; the Club will spend money to update the Club; requested
cooperation from Council to obtain the correct zoning and not be
faced with losing the Club.
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Alameda City Council 13
June 6, 2000
Councilmember Johnson inquired whether the Yacht Club was
constructed before or after the single- family zoning was put in
place.
Mr. Purdy responded single- family [zoning] was put in place in
1958; the Yacht Club was built in 1908; there were 50 years of
zoning compatible to the use.
Vice Mayor Daysog stated staff has indicated it needs time to
evaluate the request; inquired whether the matter is urgent.
Mr. Purdy responded the Club would like to move forward as fast as
possible and has hired structural engineers, soil engineers, and is
preparing a plan to present to the Building Department; the glitch
is the zoning; in 1958, the Club was changed to single- family; the
Club did not request the [zoning] change; the Club has been
cooperative with the City over the years, e.g. provided land to
extend Fernside Boulevard from Encinal Avenue to the [Bay Farm
Island] Bridge.
Councilmember Kerr stated the Aeolian Yacht Club has been a great
institution in the City for a long time; marinas are only allowed
in C -2 or C -1 zones which also allows gas stations, car repairs,
and other uses which would not be desired in neighborhoods; two
yacht clubs in Alameda are zoned MX in conjunction with Marina
Village; inquired whether there was a size limitation under said
zoning.
The Planning Director stated there might be a size requirement;
however, Council is considering the Applicant's request to initiate
[rezoning] so that the Club does not have to pay for it; the Yacht
Club was advised that staff could proceed on an application to
rezone the site and a Variance; staff encouraged the Club to apply
for Planned Development [zoning] to keep from getting into the
issue of zoning it to a district, e.g. R -6 which allows hotels; Mr.
Purdy is requesting that Council initiate rezoning so that the Club
does not have to bear the cost; the City has other applicants,
including non - profits, pay for [rezoning] costs; staff is
recommending that the applicant file applications; the matter will
be moved forward through the Planning Board Public Hearing as
quickly as possible; Council is not considering rezoning, rather
Council must decide whether it will initiate the rezoning or allow
the Yacht Club to file an application and pay necessary fees.
Councilmember Kerr stated the Yacht Club did not build in violation
of zoning and did not ask to have R -1 zoning; the City of Alameda
changed the zoning; the Club was not responsible [for the zoning
change], the City was; the City seems to have responsibility.
Regular Meeting
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June 6, 2000
Councilmember Johnson stated the Yacht Club was there and the City
zoned it R -1 residential; inquired what is the Yacht Club's
concern, e.g. cost or time; stated the Club can proceed through the
normal application process.
Mr. Purdy stated the Yacht Club would like Council to initiate the
procedure; inquired why the Club should bear the cost; stated when
the City zoned the Club R -1, it was an oversight; it does not seem
fair to pass on the cost to the members of the Yacht Club.
Councilmember Johnson inquired the fee amount.
The Planning Director responded Planned Development overlay is
recommended and is one of the least expensive rezonings; there is a
$585 fee for rezoning and an $88 categorical exemption fee; there
are a significant number of legal non - conforming uses which were
created by zoning changes; property owners have been required to
bear the cost of rezonings or other remedies; the fee would be the
rezoning fee together with Variance fees for height; staff probably
can recommend in support of the findings for a Variance.
Vice Mayor Daysog inquired whether Council would be setting a
precedence.
The Planning Director responded in the affirmative; stated the rate
of cost recovery is about 350; for every dollar that the Aeolian
Yacht Club pays to initiate the rezoning, the citizens -at -large
also pay to cover the costs to process the application; under the
current fee structure, all applications are deeply subsidized.
Councilmember Kerr stated the City put a totally inappropriate
zoning [on the Yacht Club] for no particular reason; when an area
is built up with factories and a house is left, it is upzoning to a
more intensive use; in this [Aeolian Yacht Club] case, the City
down -zoned the use; correcting the past problem will cost the City
$673, which seems reasonable and fair.
Councilmember Kerr moved that Council initiate the least expensive
rezoning to correct for the City's past mistake; stated the City
should pick up the $673 tab.
Councilmember Johnson stated that she is sympathetic to the
applicant; however, there are many areas where the zoning does not
match the current use; the situation is not unique; the precedent
should not be set that the City is responsible for initiating the
process, at property owners' request, if the existing use does not
match the zoning.
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Alameda City Council 15
June 6, 2000
Vice Mayor Daysog stated others have gone through the process and
have had to pay.
THE MOTION FAILED DUE TO LACK OF A SECOND.
Councilmember DeWitt stated the City subsidizes the process; the
applicant should pay; taxpayers should not have to pay for the
rezone which benefits the applicant.
Councilmember DeWitt moved that Council accept the staff
recommendation that the property owner make the necessary
applications.
Councilmember Johnson seconded the motion.
Under discussion, Councilmember
would move forward as quickly
process it.
Johnson stated the application
as the Planning Department can
On the call for the question, the motion carried by the following
voice vote: Ayes: Councilmembers Daysog, DeWitt, and Johnson - 3.
Noes: Councilmember Kerr - 1. Absent: Mayor Appezzato - 1.
ORAL COMMUNICATIONS, NON- AGENDA
(00 -316) Guy Smith, Alameda, stated the Island Paradise Bar on
Webster Street has become a public nuisance; there are a number of
items on the criminal report from the City of Alameda Police
Department database; there have been 29 reports of the Island
Paradise disturbing the peace; requested the Council to do whatever
possible to control the business; stated if the noise level cannot
be brought down, the bar's business license should be revoked.
Councilmember DeWitt requested Mr. Smith to contact him regarding
the matter.
(00 -317) Reyle Gaber, Alameda, stated that she was glad the swine
ordinance [paragraph no. 00 -3041 was removed from the agenda;
hopefully, the matter will not return; hundreds of Alamedans oppose
the animal research lab.
(00 -318) Richard Neveln, Alameda, commented on the recent Council
actions approving the Catellus project [development of the Fleet
Industrial Supply Center and East Housing]; stated housing is
needed, especially for the working class; the Catellus process,
which included many changes via ordinance, has been pushed forward.
Councilmember Johnson stated the Catellus project has been going on
Regular Meeting
Alameda City Council 16
June 6, 2000
for several years; there were Hearings before many Boards and the
City Council; the public had great opportunity for input.
(00 -319) Corinne Lambden, Alameda, stated that she brought a video
to show what occurs at animal research facilities; Covance breeds
and distributes animals for international facilities over which
there is no control; encouraged Council to review the video if the
matter should arise again.
(00 -320) Erinne Lambden, Alameda, stated the [Municipal Code]
amendment should not be made to allow Covance to do animal testing
in Alameda.
(00 -321) Richard Purdy, Aeolian Yacht Club, stated that he did not
understand the direction given to the Planning Department regarding
rezoning the Yacht Club [paragraph no. 00 -315].
Vice Mayor Daysog stated the direction is for the Yacht Club to go
through the regular planning process, subject to fees; the Yacht
Club has to choose how it wants to proceed.
Councilmember Kerr stated the Yacht Club can choose its path; Mr.
Purdy should discuss the matter with the Planning Director.
(00 -322) Alvin L. Selk, Alameda, commented that the Covance [Animal
Research] project seems to be pushing forward without community
notification and involvement.
COUNCIL COMMUNICATIONS
(00 -323) Councilmember Kerr stated that last fall, with the
assistance of staff, she did a survey of affordable housing in the
City, including Housing Authority property, Section 8 [housing],
and other subsidized property; the survey indicated: 1) one out of
every ten and a half dwelling units is subsidized, and 2) one out
of six rental units is subsidized; to state that the City is not
doing anything for affordable housing is inexcusable.
(00 -324) Vice Mayor Daysog stated Out on the Island would like a
proclamation for Gay and Lesbian Pride Month; requested staff to
review placing the matter on the next Council Agenda.
ADJOURNMENT
There being no further business, Vice Mayor Daysog adjourned the
Regular Meeting at 10:08 p.m.
Respectfully submitted,
Regular Meeting
Alameda City Council 17
June 6, 2000
Diane B. Felsch, CMC
City Clerk
The Agenda for this meeting was posted in accordance with the Brown
Act.
Regular Meeting
Alameda City Council 18
June 6, 2000