2000-12-05 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- - DECEMBER 5, 2000- -7:30 P.M.
Mayor Appezzato convened the Regular Meeting at 7:40 p.m.
ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson,
Kerr and Mayor Appezzato - 5.
Absent: None.
AGENDA CHANGES
(00 -655) Mayor Appezzato announced that the Annual Review of
Affordable Housing Unit Fee Ordinance (paragraph no. 00 -664) and
the Ordinance Amending the Alameda Municipal Code by Adding Article
27 -3 (paragraph no. 00 -665) were withdrawn from the Regular Agenda
and would be addressed at the Regular Meeting of January 2, 2000.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
None.
CONSENT CALENDAR
Councilmember Johnson moved approval of the Consent Calendar.
Councilmember DeWitt seconded the motion which carried by a
unanimous voice vote - 5. [Items so enacted or adopted are
indicated by an asterisk preceding the paragraph number.]
( *00 -656) Minutes of the Special Joint City Council, Community
Improvement Commission (CIC), and Alameda Reuse and Redevelopment
Authority (ARRA) Meeting (Closed Session), the Special City Council
Meeting (Closed Session), and the Regular City Council Meeting held
on November 21, 2000. Approved.
Special Joint City Council, CIC and ARRA Meeting and Special City
Council Meeting (Closed Sessions) : Ayes: Councilmembers Daysog,
DeWitt, Johnson, Kerr and Mayor Appezzato - 5.
Regular City Council Meeting: Ayes: Councilmembers Daysog, DeWitt,
Johnson and Mayor Appezzato - 4. Abstention: Councilmember Kerr -
1. [Note: Councilmember Kerr abstained because she was absent from
the Regular Council Meeting on November 21, 2000.1
( *00 -657) Recommendation to Accept the Annual Report of the
Community Improvement Commission. Accepted.
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December 5, 2000
( *00 -658) Resolution No. 13292, "Declaring Canvass of Returns and
Results of Consolidated General Municipal Election Held on Tuesday,
November 7, 2000." Adopted.
( *00 -659) Introduction of Ordinance Approving and Authorizing the
Execution of an Easement Between the United States of America,
Acting By and Through the United States Coast Guard, Commander,
Maintenance and Logistics Command Pacific, as Grantee, and the City
of Alameda, as Grantor, for the Purpose of Constructing, Using,
Operating, Maintaining, Repairing, Replacing, Restoring, and
Reconstructing a Causeway for Access to Coast Guard Island.
Introduced.
( *00 -660) Ratified bills in the amount of $1,290,434.52.
REGULAR AGENDA ITEMS
(00 -661) Resolution No. 13293, "Appointing Harry W. Dahlberg as a
member of the Economic Development Commission." Adopted.
Councilmember Johnson moved adoption of the Resolution.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
The City Clerk administered the Oath of Office and presented Mr.
Dahlberg with a Certificate of Appointment.
(00 -662) Public Hearing to consider Zoning Text Amendment (ZTA 00-
03), which would add Section 30 -4.9A (Community Commercial Zone)
and revise Section 30 -2 (Definitions) of the Alameda Municipal Code
to establish a Community Commercial Zoning District (C -C) for the
Park Street and Webster Street business districts, and to add and
revise definitions; Rezoning (R 00 -04) to reclassify parcels within
the Park Street commercial district from the current C -2 /C -M Zoning
District classifications to the proposed C -C Zoning District
classification; Negative Declaration (IS 00 -03) and Finding of No
Significant Impact pursuant to the California Environmental Quality
Act. Applicant: City of Alameda;
(00 -662A) Recommendation to accept report, pursuant to California
Government Code Section 65858(d), regarding measures taken to
respond to the moratorium adopted by the City Council for the Park
Street and Webster Street business districts;
(00 -662B) Resolution No. 13294, "Adopting Negative Declaration, IS-
00-03, for Zoning Text Amendment ZTA -00 -03 and for Rezoning R -00 -04
Establishing the C -C Community Commercial Zoning District and
Reclassifying Properties in the Webster Street and Park Street
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December 5, 2000
Business Districts from C -2 Central Business District and C -M
Commercial Manufacturing Zoning Districts to C -C Community
Commercial Zoning District." Adopted;
(00 -662C) Introduction of Ordinance Approving Zoning Text Amendment
ZTA- 00 -03, to Add a New Section 30 -4.9A to the Alameda Municipal
Code Establishing the C -C Zoning District and to Amend Sections 30-
2 and 30 -12.1, Definitions, in Connection with Establishment of the
C -C Zoning District within the Alameda Municipal Code. Introduced;
and
(00 -662D) Introduction of Ordinance Reclassifying and Rezoning
Certain Properties within the City of Alameda by Amending Zoning
Ordinance No. 1277, N.S., for Property Located within the Park
Street and Webster Street Business Districts. Introduced.
The Development Review Manager stated the proposed ordinance
establishes a distinct zoning district for the Park Street and
Webster Street Business Districts to streamline the development
review process and review uses for both districts; the proposal
rezones the Park Street C -2 District to C -C and the Webster Street
C -2 and C -M Zoning Districts to C -C; the proposed ordinance
provides for primarily pedestrian- oriented retail uses in both
districts, while still providing for service - oriented non - retail
businesses; auto related uses are permitted, but cannot front on
Park Street or Webster Street; in the Webster Street District, auto
use will only be permitted north of the centerline of Pacific
Avenue; office uses are not permitted on the ground floor; dwelling
units are provided for on upper floors; assembly -type uses are
permitted with Use Permits; the Planning Director can decide to
allow a use, which is not on the list, as long as it is similar to
a permissible use; said decision has to be ratified by the Planning
Board; prohibited uses include gun sales, massage, check cashing,
and cigarette cheaper stores; to implement General Plan policy, the
development regulation on height limits were revised to no more
than 3 stories, not to exceed 40 feet; a provision was added to
exempt parking garages from the height limit; parking garages
cannot exceed 6 stories; there are new definitions and revised
definitions; uses, which are no longer permitted or which are
regulated by use permit, may remain as long the business does not
close for more than one year; said businesses can also change
ownership and have minor modifications.
Mayor Appezzato inquired why the centerline of Pacific Avenue is
recommended.
The Development Review Manager responded the boundary was carried
over from the previous zoning ordinance; it was the zoning line
between the C -2 and C -M zoning districts; there are three different
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transition zones on Webster Street; uses south of Pacific Avenue
are supposed to be pedestrian- oriented, and not auto related.
Councilmember Johnson inquired whether the height limit would
prohibit a movie theater proposal.
The Development Review Manager responded the height regulation was
not intended to limit uses; in the past, a variance was used to
exceed the height limit; Council recently adopted a PD overlay
district to modify certain standards; anyone in either commercial
district could request a PD rezoning to exceed the height limit;
there is an avenue to apply for extra height.
In response to Councilmember Johnson's inquiry in regard to using
the Alameda Theater, the Development Review Manager stated said
property has a PD overlay.
Councilmember DeWitt inquired what the process would be if a
property owner wanted to establish a use which is not permitted in
the zoning ordinance.
The Development Review Manager stated a zoning ordinance text
amendment would be required.
Vice Mayor Daysog inquired whether the 40 foot height limit would
preclude a parking structure next to the Alameda Theater.
The Development Review Manager stated the special exemption for
parking garages allows 6 stories.
Mayor Appezzato opened the public portion of the Hearing.
Proponents:
Jean Sweeney, Alameda;
Paula McCloskey, Executive Director, Chamber of Commerce;
Robb Ratto, Park Street Business Association (PSBR);
Serena Chen, American Lung Association;
John Huetter, West Alameda Business Association (WABA);
Michelle Fredrick, West Alameda Business Association (WABA);
Juan Vasquez, West Alameda Business Association;
Richard Neveln, Alameda;
Jon Spangler, Alameda;
Carl Searway, Alameda.
Proponents (In favor of exemption for auto business at 1629 Webster
Street) :
Sam Koka, Alameda;
Moti Koka, Alameda;
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December 5, 2000
Proponents (In favor of exemption for auto business at 1629 Webster
Street) CONTINUED:
Michelle Koka, Alameda;
Marlene Sahr, Alameda;
Hagay Hazan, Alameda;
Momi Assayag, Alameda;
Yafa Ensler, Alameda;
Benhur Refeal, Alameda;
Joel Rambaud, Alameda;
Olga Dimitratos, Alameda;
Mike Sultan, Alameda;
Yossi Nahmis, Alameda;
Avi Nahmias, Alameda;
Eric Nahmias, Alameda;
Vicki Ben;
Janine Carr, Alameda;
Rubin Cohen, Alameda;
Arie Cohen, Alameda;
Janelle Sahr, Alameda;
Rony Nathan, Alameda.
Opponents:
Pauline Kelley, Alameda.
There being no further speakers, Mayor Appezzato closed the public
portion of the Hearing.
Councilmember Kerr stated plans were submitted for retail on the
first floor along Webster Street, with residential on the second
floor, which required an excess of 20 parking spaces; inquired what
the in -lieu fees would be for said project.
The Development Review Manager responded for every [parking] space
which cannot be provided, $5,000 must be contributed into a fund;
the formula is based on market value of the property; the dollar
amount will change as property value increases.
Councilmember Kerr inquired whether a parking garage could be
funded by in -lieu parking fees.
The Development Review Manager responded the theory is eventually
enough money would be collected to complete parking improvements;
improvements could be a surface parking lot or expansion of an
existing parking lot, rather than a garage; if enough funds are
available, matching funds could be used.
The Planning Director stated in -lieu parking fees are not intended
to provide parking structures only; a parking structure is one of
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the ways funds could be used; the funds could be used for
alternatives that permanently reduce the parking demand; transit
improvements, such as providing bus sheltering, have been reviewed.
Councilmember DeWitt inquired whether the Croll's building at the
corner of Central Avenue and Webster Street was three stories, to
which the Planning Director responded in the affirmative.
Councilmember DeWitt inquired whether there are buildings over 40
feet on Webster Street.
The Planning Director responded the Alameda Hotel may be four
stories; there might be existing buildings which exceed the 40 foot
height limit.
Councilmember Johnson inquired whether the line down the middle of
Pacific Avenue makes sense.
The Planning Director responded said boundary has historically been
the line between the Commercial Manufacturing District, and the
portion of the street which was zoned C -2; the line could be drawn
in other places; land use, which is a legislative matter, is being
decided.
Councilmember Johnson inquired whether from a planning perspective,
there is a reason for the boundary's current placement.
The Planning Director responded WABA used a line between the C -2
and C -M [zoning districts] that has been in place since 1958;
however, across Pacific Avenue, land use patterns and building
styles do not make it clear that automotive uses should be
prohibited; the line could be drawn to allow both sides of Pacific
Avenue to have automotive uses or could be drawn through the middle
of a block.
Councilmember Johnson stated different rules for Park Street and
Webster Street are not a problem for her; if Park Street wants to
allow bars by Use Permit and Webster Street does not, it is
acceptable; the 40 foot height limit is acceptable to Webster
Street; the 100 foot height limitation on Park Street makes more
sense; regarding automotive uses, dividing Pacific Avenue down the
middle does not make sense; she will agree to leave the line if
someone can explain the reason for doing so; automotive uses should
not be permitted on Webster Street; however, allowing automotive
use on one side of Pacific Avenue and not the other does not make
sense; suggested that the line be moved down, making both sides of
Pacific Avenue the same.
Sara Sikes, Executive Director, WABA, stated WABA has sought
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December 5, 2000
community input for several years; over and over, people have
stated Webster Street has enough auto repair and auto use
businesses; there are thirteen auto use businesses on Webster
Street; the intersection [Pacific Avenue and Webster Street] is
important because of the developable lots which exist on both sides
of Webster Street; moving the line opens a window; people do not
want automotive uses to move down the street [Webster Street];
enough space has been carved out for [automotive] businesses to
meet the needs of the community; the rest of the land should remain
available for uses, such as pedestrian- oriented retail uses.
Councilmember DeWitt stated that he agrees with Councilmember
Johnson's comments regarding putting the line down the center of
the street [Pacific Avenue]; inquired if the line is moved back,
what will be done with the large, empty lot on the southeast corner
[of Webster Street and Pacific Avenue] which was formerly a service
station; further stated the property owner requested a service
station be put in; inquired how said lot could be addressed
differently than the Koka's side of the street.
The Planning Director showed a map of the area; stated Council can
select where to draw the line; the same line does not have to be
drawn east and west [of Webster Street].
Councilmember DeWitt inquired whether the line has to be straight.
The Planning Director responded lines can be crooked; when lines
are drawn, there should a public policy reason and some rationale.
Councilmember DeWitt stated there are three items which are being
discussed: 1) an auto - repair shop which Mr. Koka is presenting; 2)
the 40 foot height limit; and 3) bars; restrictions and regulations
now are good; there are far too many bars on Webster Street; on
Webster Street, the 40 foot height limit is good; the storage area
and Days Inn are high enough; there are residential areas right
next to Webster Street; regarding auto repair, Council previously
discussed the entry way to Alameda and expressed desire to have
pedestrian- oriented retail businesses on Webster Street; that he
supports modification to present regulations regarding Pacific
Avenue; however, the open lot on the southeast corner should be a
pedestrian- oriented use; the Koka's request should receive
different consideration.
Mayor Appezzato inquired whether Councilmember DeWitt had comments
regarding Park Street Business Association's request for 8 stories.
Councilmember DeWitt stated the 100 foot regulation should be left
as it is on Park Street.
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December 5, 2000
Mayor Appezzato inquired whether Councilmember DeWitt would agree
with the request for bars with Use Permits [in the Park Street
Business District], to which Councilmember DeWitt responded in the
affirmative.
Councilmember Kerr stated height restrictions on Park Street are
right next to housing, just as is the case on Webster Street; the
outer boundaries of the Park Street Business District are right
next to housing; if 100 feet is permitted, it should be allowed for
buildings which front on Park Street and the rest [of the Park
Street Business District] be subject to the 40 foot height limit;
people do not want 10 story office buildings next to their houses;
she supports keeping the requested 40 foot height limit on Webster
Street; bars can put in kitchens and call themselves taverns, which
are allowed; there is no need to allow the possibility for more
bars on Park Street; as for Webster Street, redrawing the line to
run around a single lot is nothing more than spot zoning, which is
not in the spirit of good planning; the Koka's are respected,
however, the lot was purchased without entitlement for car repair;
the City has not denied the owner an existing use; if auto repair
is permitted south of the centerline of Pacific Avenue, it sends a
message to the people trying to improve the area, such as the
Wienerschnitzel project that was revised to find an acceptable
design; the [Koka] project would require parking; there is a
shortage of street parking in multi - family zones; charging [Koka]
in lieu fees is not the right thing to do to residences on Pacific
Avenue; cars will be thrown onto Pacific Avenue; WABA has worked on
a plan for a long time and should be supported; there is a historic
reason for drawing the line down the middle of Pacific Avenue.
Vice Mayor Daysog stated West Enders have given WABA marching
orders to revitalize Webster Street; WABA has drawn a straight line
separating uses that are to be encouraged from uses that are to be
discouraged; the line should continue to be straight; changing the
line pulls the rug out from underneath West End residents; if a
Burger King was not permitted at Harbor Bay Isle, why should more
auto uses be allowed on Webster Street; there is an auto use on the
north end of Pacific Avenue, which further emphasizes why the line
should remain [centerline of Pacific Avenue].
Mayor Appezzato stated that he will support PSBA's request for the
100 foot height limit and bars by Use Permit on Park Street; he
will support WABA's request for the 40 foot limit and no bars on
Webster Street; Mr. Koka's project, with many restrictions, was
unanimously supported by the Planning Board; an automotive repair
shop is not being permitted on Webster Street; there is another
auto repair business across the street; the line is not crooked, it
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can remain straight and be moved over about 30 feet.
Councilmember DeWitt inquired whether Mayor Appezzato agreed that
automotive uses should not front Webster Street, to which Mayor
Appezzato responded in the affirmative.
Councilmember Kerr stated there is no restriction on how far the
business must be off of Webster Street; if a business has a
driveway on Pacific Avenue and is only 5 feet off of Webster
Street, it will not be considered car repair on Webster Street; the
line, which runs down the middle if Pacific Avenue, is the
important line; there was no entitlement to car repair when escrow
closed on the [Koka] property; spot zoning should not occur on
Webster Street when it would not occur in other parts of the City;
inquired whether Councilmembers Johnson and DeWitt would consider
changing the height limit in the Park Street Business District to
100 feet along Park Street itself, but limiting the height around
the edges of the District.
Councilmember Johnson stated Park Street is a dense business
district that does not have residential; inquired whether
Councilmember Kerr thought an area was adjacent to houses.
Councilmember Kerr stated there is housing around the edge of the
business district.
Councilmember Johnson stated on Tilden Way and Oak Street the area
looks non - residential; along the Park Street, between Park Street
and Park Avenue it is a commercial area; the area along Broadway is
commercial on one side and R -5 on the other; inquired the height
limit in R -5 [zoning district].
The Planning Director responded 40 feet.
Councilmember Johnson requested the PSBR representative to comment
on Councilmember Kerr's suggestion.
Rob Ratto, PSBR, stated PSBR probably would not want 100 foot
buildings, however, the Association wanted to retain the [100 foot]
height limit.
Councilmember Kerr stated the eastern side of the business district
is solid residential; having 100 foot buildings next to houses is
of concern.
Mr. Ratto stated 100 foot building probably never would be built
there; the [business district] core is between Encinal and Lincoln
Avenues from Park Avenue to Oak Street.
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December 5, 2000
Councilmember Kerr inquired whether a larger side yard could be
required when commercial buildings over 40 feet abut residential
districts; if the 100 foot limit is permitted, a minimum side or
rear yard should be required.
Mayor Appezzato inquired whether Mr. Ratto could compromise and
agree to 100 feet [height limit] down Park Street, and 100 feet off
of Park Street requires exception.
Mr. Ratto responded in the affirmative.
Mayor Appezzato requested the Planning Director to clarify how
buildings off of Park Street could be permitted to be 100 feet.
The Planning Director responded 100 foot buildings could be made
subject to Use Permits within a smaller geography.
Councilmember Kerr inquired whether the area on Park Street [with
the 100 foot height limit] could be limited to north of Encinal
Avenue.
Mr. Ratto responded in the affirmative.
Councilmember Johnson moved adoption of the Resolution Adopting
Negative Declaration, IS- 00 -03, for Zoning Text Amendment ZTA -00 -01
and for Rezoning R -00 -04 Establishing the C -C Community Commercial
Zoning District and Reclassifying the Districts from C -2 Central
Business Zoning District and C -M Commercial Manufacturing Zoning
District to C -C Community Commercial Zoning District.
Councilmember Johnson inquired whether revisions needed to be made
to the resolution or to the zoning ordinances.
The Planning Director responded the negative declaration simply
identifies that there are no significant adverse impacts that
result from the proposed zoning changes; height is becoming more
restrictive; Council is not creating new impacts.
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 5.
Councilmember Johnson stated that she would make two separate
motions [for the Park Street and Webster Street Business
Districts].
For the Park Street Business District, Councilmember Johnson moved
[introduction of the Ordinance Approving Zoning Text Amendment ZTA-
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Alameda City Council 10
December 5, 2000
00 -03, to add a new Section 30 -4.9A to the Alameda Municipal Code
Establishing the C -C Zoning District and to amend Sections 30 -2 and
30 -12.1, Definitions, in connection with Establishment of the C -C
Zoning District within the Alameda Municipal Code], with the
following conditions: 1) [Section C, Uses Requiring Use Permits]
bars require use permits; and 2) [Section G, Development
Regulations, Item 2, Building Height Limit] limit of 100 feet on
Park Street; off of Park Street, Use Permits required for building
heights exceeding 40 feet.
Rob Ratto, PSBR, requested clarification that new height
limitations did not change the six -story parking garage limitation,
to which Councilmember Johnson responded in the affirmative.
Councilmember Johnson amended her motion to include language [under
Section G, Development Regulations, Item 2, Building Height Limit]
that parking structures, with mixed retail use, cannot exceed six
stories.
Mayor Appezzato stated the Council would now address the Webster
Street Business District.
Councilmember Johnson moved approval of the staff recommendation
[introduce the Ordinance Approving Zoning Text Amendment ZTA- 00 -03]
with the language moving the line on Pacific Avenue; stated Council
is only discussing moving the line on the west side of Webster
Street; on the east side [of Webster Street], the line would remain
south of the centerline of Pacific Avenue; and west [of Webster
Street] the line should move to allow the same use on the north and
south side of Pacific Avenue.
In response to Councilmember DeWitt's inquiry, Councilmember
Johnson stated the prohibition of auto - related uses fronting
Webster Street would remain.
Councilmember Kerr stated the motion allows car repair to be an
entitlement adjacent to houses on Pacific Avenue; there is a car
repair on the north side of Pacific Avenue abutting residential
uses; if the same use is permitted on the southern side, there can
be car repair next to Victorian houses.
Mayor Appezzato inquired whether the Planning Director understood
that Council's intent is to include only Mr. Koka's property.
Councilmember Johnson noted there are special zoning areas on Park
Street and Webster Street.
The Planning Director stated Council must state where the boundary
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December 5, 2000
will be; vacant parcels, which have an opportunity for adaptive
reuse, could be a reason for drawing the line in a particular
place; the lot boundary that sits south of Pacific Avenue could be
selected; when the ordinance returns for second reading, the square
footage will be included to prevent lot line adjustments from
moving the boundary.
Councilmember DeWitt seconded the motion.
Under discussion, Councilmember DeWitt stated a project
[Wienerschnitzel] across the street from the Koka property was
approved because the owner did a beautiful job arranging a fast
food restaurant and ice cream shop; Mr. Koka will develop his
property and make Council proud.
Councilmember Johnson inquired whether the Webster Street Business
District would like the exemption [to height limit] for parking
garage with retail use, as was permitted for the Park Street
Business District.
John Huetter, WABA President, responded in the affirmative.
Councilmember DeWitt stated that he would not support an exemption
to the height limit for Webster Street; there are no buildings [in
the Webster Street Business District] above 30 or 40 feet.
The Planning Director noted parking structures are subject to Use
Permits; a parking structure would not be constructed without City
involvement and subsidy.
Vice Mayor Daysog expressed support for the 40 -foot height limit.
Mr. Huetter stated WABA supports the 40 -foot height limit.
On the call for the question, the motion carried by the following
voice vote: Ayes: Councilmembers DeWitt, Johnson, and Mayor
Appezzato - 3. Noes: Councilmembers Daysog and Kerr - 2.
The Mayor called a recess, at which time the Planning Director
requested the City Council to take further action and introduce the
Ordinance Reclassifying and Rezoning Certain Properties.
Councilmember Johnson moved introduction of the ordinance
"Reclassifying and Rezoning Certain Properties," and approval of
the changes made to the Webster Street and Park Street Business
Districts when Council introduced the ordinance "Approving and
Authorizing the Zoning Text Amendment 00 -03."
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December 5, 2000
Councilmember DeWitt second the motion.
Councilmember Kerr requested separate motions for the Business
Districts.
Park Street Business District
Councilmember Johnson moved introduction of the ordinance
Reclassifying and Rezoning Certain Properties within the Park
Street Business District, and approval of the changes authorized
when the ordinance "Approving and Authorizing the Zoning Text
Amendment 00 -03" was introduced.
On the call for the question, the motion carried by unanimous voice
vote - 5.
Webster Street Business Districts
Councilmember Johnson moved introduction of the ordinance
Reclassifying and Rezoning Certain Properties within the Webster
Street Business District, and approval of the changes authorized
when the ordinance "Approving and Authorizing the Zoning Text
Amendment 00 -03" was introduced.
On the call for the question, the motion carried by the following
voice vote: Councilmembers DeWitt, Johnson and Mayor Appezzato - 3.
Noes: Councilmembers Daysog and Kerr - 2.
(00 -663) Recommendation to authorize the Mayor to send a letter to
the owner of 2445 Shoreline Drive (The Dunes Apartments) regarding
rent increases.
Dominic Mainelli, 2445 Shoreline Drive, thanked the Rent Review
Advisory Committee (RRAC) for its help; stated that during the 25
years he has lived in his apartment, the owner has done nothing,
e.g. painting or carpet cleaning, except raise rents; hopefully,
something can be done.
Councilmember Kerr stated there are complaints about the condition
of the property; inquired whether the Code Enforcement Officer has
visited the property.
Administrative Management Analyst Gail Patton stated the Building
Official has not received complaints from tenants; tenants were
advised Code Compliance should be contacted.
Councilmember Johnson inquired whether building complaints reported
to the RRAC could be forwarded to Code Compliance.
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December 5, 2000
The City Manager responded the complaints would be forwarded to
Building Services.
Councilmember DeWitt moved approval of the staff recommendation
[acknowledge that rent increase at 2445 Shoreline Drive continue to
be excessive and place an unfair burden on tenants, and authorize
the Mayor to send a letter encouraging the owner to comply with the
Rent Review Advisory Committee's recommendations regarding rent
increases].
Councilmember Johnson seconded the motion.
Under discussion, Mayor Appezzato noted the RRAC will have more of
a challenge due to escalating property values.
Councilmember Kerr noted the RRAC has a 95% success rate in
mediating between landlords and tenants.
On the call for the question, which carried by unanimous voice vote
- 5.
Public Hearing to consider establishing Community Commercial Zonin
District (paragraph no. 00 -662)
The City Clerk stated Council needed to make a motion on the first
item under the Public Hearing, which was the recommendation to
accept the report, pursuant to California Government Code Section
65858(d), regarding measures taken to respond to the moratorium.
Councilmember Kerr moved acceptance of the report.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 5.
(00 -664) Recommendation to accept Annual Review of Affordable
Housing Unit Fee Ordinance and consideration of an adjustment to
the requirement. Withdrawn.
(00 -665) Introduction of Ordinance Amending the Alameda Municipal
Code by Adding Article 27 -3 (Citywide Development Fees) to Chapter
XXVII (Development Fees) Establishing a Citywide Development Fee;
and
(00 -665A) Adoption of Resolution Establishing a Citywide
Development Impact Fee Schedule for the Construction of Capital
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Alameda City Council 14
December 5, 2000
Facilities Within the City of Alameda. Withdrawn.
ORAL COMMUNICATIONS, NON- AGENDA
(00 -666) Jon Spangler, Alameda, announced there would be a Webster
Street Renaissance Meeting tomorrow night at Rosenblum Cellars;
stated prelimiary plans would be presented.
(00 -667) Angus MacDonald, Alameda, stated a lawsuit filed against
the City by the family of Jim Robert, who was shot to death by
Officer Lynch two years ago, is going to be settled; urged Council
not to settle the lawsuit; stated the man was probably shot to
death wrongly; Jim Robert was a nasty man and thief, but he cringed
in front of authority, and probably did not come towards Officer
Lynch with a knife; there were bullet holes in the top of his head;
the full story should come out in public court to reveal what
really happened.
COUNCIL COMMUNICATIONS
(00 -668) Consideration of Mayor's appointment to the Mayor's
Committee on Disability Issues.
Mayor Appezzato appointed David Cohen, Howard Symonds and Nicole
Yount to the Mayor's Committee on Disability Issues.
(00 -669) Councilmember DeWitt announced an Alameda citizen, Herb
Severns, passed away.
(00 -670) Councilmember Johnson stated quarterly Joint City Council
and School District [School Board] Meetings should be reinstated;
and that she would volunteer to serve.
Mayor Appezzato requested the City Manager to discuss the matter
with the Superintendent of Schools; stated that he would be happy
to serve with Councilmember Johnson.
Vice Mayor Daysog stated traditionally, the Mayor and Vice Mayor
have served.
Councilmember DeWitt stated the entire Council should meet with the
School Board.
The City Manager stated the Mayor could serve with Councilmembers
rotating.
Mayor Appezzato suggested the City Manager should discuss
Councilmember Johnson's comment with the Superintendent of Schools.
Regular Meeting
Alameda City Council 15
December 5, 2000
(00 -671) Councilmember Johnson requested a Staff Report, at a
future Council Meeting, on the library bond issue.
The City Manager stated the Library Board had a special meeting
tonight to address plans for the next six months and staff could
prepare an Off Agenda Report for Council.
Councilmember Johnson stated there should be a briefing at a City
Council Meeting for public information purposes.
(00 -672) Councilmember Kerr wished everyone a happy holiday.
ADJOURNMENT
There being no further business before the City Council, Mayor
Appezzato adjourned the Regular Meeting at 10:30 p.m.
Respectfully submitted,
Diane B. Felsch, CMC
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Regular Meeting
Alameda City Council 16
December 5, 2000