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2000-12-19 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - DECEMBER 19, 2000 - - 7:30 P.M. Mayor Appezzato convened the Regular City Council Meeting at 8:07 p.m. ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. Absent: None. (00 -676) Minutes of the Special and Regular City Council Meetings of December 5, 2000. Approved. Councilmember Kerr stated the fourth paragraph on page 11 of the Minutes [related to Auto Repair Shops in the Webster Street Business District] states: "Mayor Appezzato inquired whether the Planning Director understood that Council's intent is to include only Mr. Koka's property;" inquired whether said statement reflected the intent of the majority of the Council. Councilmember Johnson responded there was a long discussion on which area to include; the statement was offered as direction to staff, however, it was not the motion; the Planning Director advised a description based on the number of feet [from the corner] would be provided; requested Planning Director to respond. The Planning Director responded that the video tape was reviewed to capture the Council's intention and something legally defensible. Councilmember Kerr stated that the intention of the majority of the Council was to have Mr. Koka's lot only, no matter how described, however, under final passage of the Ordinance approving the C -C Zoning District [paragraph no. 00 -697], the area proposed is quite different than solely Mr. Koka's lot; inquired whether the Minutes state the Council's intent. Councilmember Johnson responded there was discussion about residences; to resolve the matter, Council limited the area to the length of the [Koka] property. Councilmember Kerr further inquired whether the area was being limited to Mr. Koka's lot and not extending to other parcels. Councilmember Johnson responded in the affirmative. Councilmember Kerr inquired whether the majority of Council agreed other parcels were not included. Regular Meeting Alameda City Council 1 December 19, 2000 Councilmember DeWitt stated the intent of the motion was a spot zone for the Koka property. Mayor Appezzato stated that he voted to put Mr. Koka's property within the new zone. Councilmember Kerr inquired whether the intent was to extend the line further west, to which Councilmember Johnson responded in the negative. Councilmember DeWitt stated the [proposed] zoning [in the Ordinance for Final Passage] on the property west of Mr. Koka's property is not exactly what Council desired and should be changed - -west of Mr. Koka's property should not be included. Vice Mayor Daysog moved approval of the Minutes. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. Recess /Refreshments Mayor Appezzato called a recess at 8:11 p.m. and called the Meeting to order at 8:34 p.m. REORGANIZATION OF COUNCIL Installation (00 -677) The Honorable Judge George E. McDonald administered the Oaths of Office to: Office of Citv Council Al DeWitt Barbara Kerr Office of Citv Auditor Kevin Kearney Office of Citv Treasurer Kevin Kennedy Consideration of Appointment of Vice Mavor Regular Meeting Alameda City Council 2 December 19, 2000 (00 -678) Vice Mayor Daysog moved that Council appoint Councilmember Al DeWitt as Vice Mayor. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. Roll Call - New Citv Council Present: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. Absent: None. Comments by New Council (00 -679) Vice Mayor DeWitt thanked his supporters, including Charles Ward, Nick Cabral, Harry Cross, Richard Bartalini, Roy Edwards, Mark Chandler, Don Dowdell, Georg Oliver, Diane Coler- Dark, Darlene Banda, J.C. Shirriel and Charlie Tillman - -who are no longer with us, Alice Andrate, Duke Campbell, Andy Rosinni, Roland Chikitini from the Naval Air Station, Jim Owens, Joseph Wong, Michael Wright and Al Wright, from Raintree Studios, Jay Casada, and the Kofman family; pledged to provide honest and dedicated service. (00 -680) Councilmember Kerr thanked her supporters, including Bill McCall and Jean Sweeney, her Campaign Co- Chairs, Charlie Tillman, Jim Sweeney, and Diane Coler -Dark; stated her voting record is of supporting the preservation of Alameda's older neighborhoods and against development which would destroy said neighborhoods; quality of life for existing residents is all - important. AGENDA CHANGES (00 -681) Mayor Appezzato stated staff is recommending that the Resolution on the Fourth Amendment to the Measure B Funding Agreement [paragraph no. 00 -689] be pulled from the agenda due to significant changes by the Port of Oakland staff today; if the issues are resolved, a Special Meeting will be called before December 31, 2000; requested a motion to pull the matter. Councilmember Johnson moved the matter be withdrawn. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS Regular Meeting Alameda City Council 3 December 19, 2000 (00 -682) Proclamation extending heartfelt thanks to Marilyn Ezzy Ashcraft, Frank Matarrese and the members of Library 2000 for all their efforts on behalf of Alameda's Library and community. Mayor Appezzato read the Proclamation and presented it to Marilyn Ezzy Ashcraft and Frank Matarrese. CONSENT CALENDAR Councilmember Johnson moved approval of the Consent Calendar. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *00 -683) Recommendation to accept the City of Alameda Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2000; the Auditor's Report on Agreed Upon Procedures on Compliance with Vehicle Code Section 40200.3 Parking Citation Processing; the Agreed Upon Procedures Report on Compliance with the Proposition 111 1999 -2000 Appropriations Limit Increment, and the Independent Auditor's Report on Measure B Compliance. Accepted. ( *00 -684) Recommendation to accept transmittal of Audit Report for Pension Plans 1079 and 1082 for Period Ending June 30, 2000. Accepted. ( *00 -685) Recommendation to accept Report on Local Law Enforcement Block Grant Program. Accepted. ( *00 -686) Recommendation to approve modification of Agreement with Northbay Ecumenical Homes and First Republic Bank for the Community Assisted /Shared Appreciation (CASA) Homeownership Program, extending the term of the Agreement. (In conjunction with Community Improvement Commission Agenda Item) Accepted. ( *00 -687) Recommendation to accept the work of State Roofing Systems, Inc., for the Officer's Club Roof Repair Project, No. P.W. 05- 00 -08. Accepted. ( *00 -688) Recommendation to accept the work of Tennyson Electric, Inc., for Signal Installation at Atlantic Avenue /Challenger Drive and Marina Village Parkway /Challenger Drive, No. P.W. 06- 99 -17. Accepted. (00 -689) Adoption of Resolution Authorizing the City Manager to Execute the Fourth Amendment to the Measure B Funding Agreement by Regular Meeting Alameda City Council 4 December 19, 2000 and between the City of Alameda, the Alameda County Transportation Authority, the Port of Oakland, and the City of Oakland for the Cross Airport Roadway Project. Withdrawn. ( *00 -690) Resolution No. 13296, "Delegating Authorization to Execute Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements, and Amendments to those Agreements with California Department of Transportation for Federal or State Funded Transportation Projects to the City Manager or His Designee." Adopted. ( *00 -691) Resolution No. 13297, "Authorizing Purchase of Six (6) Vehicles Using the State of California, Department of General Services, Procurement Division, Competitive Bid Award." Adopted. ( *00 -692) Resolution No. 13298, "Amending Master Fee Resolution No. 12191 by Increasing Various Chuck Corica Golf Complex Rates." Adopted. ( *00 -693) Resolution No. 13299, "Approving and Consenting to an Amendment to a Joint Exercise of Powers Agreement for the California Pooled Investment Authority." Adopted. ( *00 -694) Ratified bills in the amount of $1,869,631.65. REGULAR AGENDA ITEMS (00 -695) Resolution No. 13300, "Commending Lewis Hurwitz for His Fifteen Years of Service to the City of Alameda as the City Treasurer." Adopted. Vice Mayor DeWitt moved adoption of the Resolution. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. Mayor Appezzato read the resolution and a plaque, which he presented to Mr. Hurwitz. Mr. Hurwitz stated City staff makes the City work; thanked the City Clerk, Finance Director, City Manager, and the rest of the City staff for their support. (00 -696) Transmittal of the Report on the Effect of the Proposed Alameda Beltline Railroad Yard Open Space Ordinance; and recommendation to consider options: 1) introduce Proposed Ordinance, without alteration, or 2) place the Ordinance Petitioned For on the November, 2002 Ballot. Regular Meeting Alameda City Council 5 December 19, 2000 Councilmember Kerr recused herself. Jean Sweeney, Initiative Petition Proponent, stated the Report on the Effect of the Ordinance indicates the City would lose an estimated $765,500 annually from 160 houses on the Beltline; however, there is no accounting for the cost of services to said housing area or the cost of losing open space; the Report does not mention of the impact of additional traffic and diminution of air quality; the Report [on the Effect of the proposed Ordinance] has a chart [Attachment 1, Fact Sheet] which lists 5 parcels in the Business and Waterfront Improvement Project (BWIP) that total 0.48 acres; the BWIP designates 4 acres for housing; 3.5 acres designated within the West End Community Improvement Project (WECIP) redevelopment boundaries are included in BWIP designated housing; she previously inquired whether the City could do so without going through the proper channels and was told the City Council approved the General Plan in 1990, therefore it is legal; further stated when Alameda Point is built out there will be only 2.3 acres of parks per 1000 people, which is under the General Plan goal of 3- to 6 acres per thousand; further stated extending Clement Street through the Beltline would create a 5 -way intersection at Constitution Way and Atlantic Avenue; building more roads to funnel traffic through an already impacted area does not seem like a wise idea. Len Grzanka, Alameda, inquired why Council is delaying voting on the zoning matter; stated if it is on the ballot, the voters would pass the initiative; the City has a good chance of enforcing the Agreement made with the Beltline Railroad in the 1920's to purchase the land at cost, plus the cost of improvements; if Council favors something, costs are downplayed and benefits are magnified; when staff and the elected officials do not want something, costs are multiplied and benefits are downplayed; voters have indicated a desire for open space; the cost should be viewed objectively; the cost of the land is minimal and the benefits are dramatic, especially if a transit corridor is needed between Alameda Point and Fernside Boulevard; the area could be zoned open space, with an easement preserved for a transportation corridor. Richard Neveln, Alameda, stated keeping a transit corridor open is important; open space is needed; the City often rezones property it does not own; zoning is subject to change; the City Council should vote to zone the area open space, which is what citizens want. Sara Paulson, Alameda, stated support for open space. Marie Raymond, Alameda, stated support for open space. Regular Meeting Alameda City Council 6 December 19, 2000 Jenny Curtis, Alameda, stated support for open space. Debra Arbuckle, Alameda, stated more than just the 100 of the voters who signed the petition want a park; showed a video of the Beltline property. Jon Spangler, Alameda, urged Council to adopt the rezoning tonight; stated the City Council should take an aggressive stance in favor of preserving open space while litigation is resolved in court; willful habitat destruction, which wipes out endangered species, has occurred in Alameda County; permits have not been issued for development. Tim Englert, Alameda, stated having developers pay for a report [Northern Waterfront Specific Plan] that effects them sounds like a conflict of interest; the City is run by elected officials, who zone land, not private corporations; the people have spoken in favor of preserving open space; the City has the right to purchase and zone land in the best interest of citizens; the developer does not own the land; the City should preserve the land for future generations. William Bitting, Attorney, Alameda Belt Line, stated there are compelling reasons not to adopt the ordinance tonight; there is litigation over whether or not the City has a right to purchase the property; if the Council passes the ordinance, there will be eminent domain issues -- inverse condemnation; the issue of property ownership, due to the 1924 Contract, should be resolved prior to adding an additional issue to the case. Mayor Appezzato stated that he received a telephone message from a resident, Larry Haney, who is disturbed that there is a possibility that Council can approve open space tonight; Mr. Haney thought the issue would be placed on the ballot. Vice Mayor DeWitt stated that he is satisfied with the Report [on the Effect of the Proposed Ordinance]; people who signed the petition asked that the matter be placed on the ballot; the decision should be determined by the voters. Councilmember Johnson stated it would be irresponsible for the City Council to adopt the ordinance without allowing the residents of Alameda to participate in the decision; there could be great financial impact; everyone likes open space; read a portion of the petition; stated voters signing the petition did not intend to have the Council adopt an ordinance and desired the matter be placed on the ballot for the people to decide; the measure should be placed on the ballot as the petition states. Regular Meeting Alameda City Council 7 December 19, 2000 Councilmember Daysog stated the property is worth fighting for, however, Council has to make prudent decisions; the City has to ensure it has the available resources and must wait for the outcome of the litigation with the Beltline; that he met with representatives from the Trust for Public Land, Environmental Protection Agency (EPA), and Rails to Trails, which are all dedicated to open space; said agencies are interested in the issue, but do not have a lot of money; the Brownfields EPA representative indicated a Phase I Assessment should be completed for the land and that his office should be willing to fund said study; transmitted matter to the City Manager; further stated environmental Phase I review is required if either open space is maintained or if there is development. Vice Mayor DeWitt moved that the ordinance petitioned for be placed on the November, 2002 [General Municipal Election] ballot. Councilmember Johnson seconded the motion. Under discussion, Mayor Appezzato stated no action will be taken to develop the property until the people speak in November, 2002; the litigation will determine whether the City will receive the land for free or whether it will cost millions; if it will cost millions, the City will have to find funding; passing the ordinance without knowing the fiscal implications would be irresponsible; if the land has to be purchased, the citizens of Alameda should decide how to fund it. Councilmember Daysog inquired whether the motion could be amended to include submission of the Brownfields EPA Phase I study. Mayor Appezzato concurred. On the call for the question, the motion carried by unanimous voice vote - 4. Abstentions: Councilmember Kerr - 1. [Note: Councilmember Kerr recused herself, due to owning property within 300 feet of the property.] Mayor Appezzato called a recess at 9:35 p.m. and reconvened the Regular Meeting at 9:50 p.m. (00 -697) Ordinance No. 2850, "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." Finally Regular Meeting Alameda City Council 8 December 19, 2000 passed. Mayor Appezzato stated there has been a process to develop the proposed ordinance; the entire community had an opportunity to be involved; the Council is trying to satisfy the needs of the community, especially the two Business Districts [Park Street and Webster Street]; commended participants; further stated regarding the issue of 100 -foot building heights on Park Street, the Park Street Business Association (PSBR) agreed to lower the height [limit] to 60 feet; currently, there is a 65 -foot building [on Park Street]. Mary Jacak, Alameda, stated 60 feet sounds better than 100 feet, however, the proposed 40 -foot height limit should remain. Janelle Spatz, Alameda, stated the Planning Board's [height limit] recommendation of 40 feet is sufficient. Michelle Fredrick, Co- Chair, West Alameda Business Association (WABA) Design Committee, stated the Design Committee requested a review of zoning several years ago; staff members have created a document which supports WABA's revitalization plans; urged Council to reconsider the proposed exemption for the property at the southwest corner of Pacific Avenue and Webster Street; stated zoning regulations serve to provide clarity to developers, property owners, business owners, and City staff; creating an exemption in the document, which is looked to for clarity, sets up a potential for controversy. Jean Sweeney, Alameda, stated Council decided to spot zone the corner of Webster Street and Pacific Avenue to accommodate car repair; the College of Alameda segregated a part of the student parking lot to store cars for the car repair school; all of the car windows have been broken out; the cars have been vandalized and are a nuisance; if the property owner [at the corner of Webster Street and Pacific Avenue] is permitted to buy out parking requirements [pay parking in lieu fees] and establish a car repair facility, it could create a nuisance to the neighborhood. James Sweeney, Alameda, stated things are finally happening on Webster Street; the zoning should be passed as written by the Planning Department; urged Council to support Webster Street. Myra Lander, Alameda, stated that she objects to the development of car repair on the southwest corner of Pacific Avenue and Webster Street. Chris Zimmerman, Elders Inn, requested Council to support WABA's Regular Meeting Alameda City Council 9 December 19, 2000 position; stated the exempted lot [corner of Webster Street and Park Street] should meet with WABA's requirements; property is hard to find in Alameda and should be used judiciously; urged Council to find a balance. Michael Dugan, Elders Inn, stated the vision for Webster Street is a commercially viable street more in -tune with the neighborhood's needs; the proposed rezoning is a move in the right direction; urged Council not to approve spot zoning to permit car - related uses south of Pacific Avenue; stated without public input, Council choose to include an exception to the concept that many people have worked on for years; the zoning should be kept clear and the vision should remain intact. Jon Spangler, Alameda, stated Jenny Curtis had to leave, but wanted to go on record as opposed to the spot zoning on Webster Street; further stated Community Commercial Zoning is a great idea, however, the exceptions made at the previous City Council meeting are not the right thing to do; a 60 -foot height limitation is too tall and does not agree with the 1991 General Plan; an increased height limit would discourage historical preservation because people might let properties go in order to sell their properties at skyscraper prices; there should not be spot zoning on Webster Street; the existing Planned Development and Use Permit processes allow anyone to develop the right type of project without the exceptions adopted at the previous Council Meeting; further stated that he supports a parking structure [in the Park Street Business District]. David Baker, Alameda, stated members of the Alameda Architectural Preservation Society put a lot of effort into rewarding property owners who develop Park Street in a historically significant manner; there are no structures on Park Street over 50 feet; there is no economic need for a structure over 50 feet; the General Plan indicates the structural [height] limit should be 40 feet. Richard Knight, Alameda, stated the visioning process, which involved citizens, did not result in a suggestion that buildings should be higher than 40 feet; giving developers the right to higher buildings should not be done without getting something in return, e.g. tower on City Hall or revitalization of the Alameda Theater. Judith Lynch, Alameda, stated the Masonic Building, which is 52 feet tall, is the tallest building on Park Street; showed pictures of 100 -foot buildings in comparison with existing buildings on Park Street; encouraged Council to consider a lower height limit, e.g. 40- or 50 feet. Regular Meeting Alameda City Council 10 December 19, 2000 Georgia Madden, Co- Chair, WABA Design Committee, stated many people would like the number of auto - repair businesses in the Webster Street Business District limited; urged Council to reconsider the zoning decision to allow the [auto] business on the southwest side of Pacific Avenue and Webster Street. Patty Ruppelt, Alameda, urged the City Council to consider the need for a human - centered, rather than auto - centered business, on the corner of Webster Street and Pacific Avenue; stated passing the proposed zoning without exemptions shows respect to the dedicated community effort to rejuvenate the neighborhood. Christopher Buckley, Alameda Architectural Preservation Society, stated the Preservation Society would accept a 50 -foot height limit; provided examples of height limits in other cities: in Oakland, on College Avenue and Piedmont Avenue, height limits are 35 feet; Walnut Creek has a 35 -foot height limit on Main Street, with an additional 15 feet permitted with design review and a 10- foot setback; University Avenue in Palo Alto has a height limit of 50 feet; San Rafael has a range of 30 feet to 54 feet, with existing buildings as the determinant of the maximum height; Santa Cruz, Pacific Avenue, height limit is 50 feet, with a higher limit available by design review. Robb Ratto, PSBR, stated the height limit has been set at 100 feet since 1958; the General Plan was enacted in 1990 and the height limit remained 100 feet; PSBR requested the height limit remain the same [100 feet]; the PSBR Board agreed to the compromise reached at the last Council Meeting; PSBR members have indicated the compromise of 60 feet is acceptable; PSBR is concerned about future development; urged Council to amend the zoning ordinance [building] height limitation to 60 feet for buildings, excluding parking structures. Mayor Appezzato stated the Council is trying to accommodate PSBA's wishes; inquired whether PSBR would agree to a 50 -foot height limit. Mr. Ratto stated PSBR is willing to accept a height limitation of 60 feet for buildings fronting Park Street from Encinal Avenue to Lincoln Avenue. Sam Koka, Alameda, stated Webster Street has not changed during the last 20 years; on his property [at the corner of Webster Street and Pacific Avenue], he would like to put a retail store in front [on Webster Street] and a little [automobile] repair shop in the back, not fronting Webster Street; there is a repair shop across the Regular Meeting Alameda City Council 1 1 December 19, 2000 street. Councilmember Daysog inquired the type of retail shop, e.g. clothing, which would be placed on the corner. Mr. Koka responded he would build a store for retail and the type of business which would use the site would be decided after; stated perhaps the City or WABA could work to attract a business, e.g. a small coffee shop. In response to Mr. Koka's inquiry about Councilmember Daysog not returning his telephone calls, Councilmember Daysog stated after meeting with Mr. Koka and his wife at Tilly's Restaurant, the meaning of the conversation, which was transmitted from Mr. Koka's attorney to the City Attorney, was substantially different. Councilmember Kerr stated page 4 of the proposed ordinance Section C [Uses Requiring Use Permits], Item (e) [Automobile Detail Shop] states: "shall be further limited to the area north of the centerline of Pacific Avenue east of Webster Street and north of a line 85 feet south of Pacific Avenue west of Webster Street for properties designated for commercial use in the General Plan;" said statement does not reflect the decision of the majority of the City Council at the last Council meeting; the Council limited the area to the lot owned by Mr. Koka; the proposed ordinance provided to Council this evening does not reflect the Council's decision. Councilmember Johnson stated that at the previous Council Meeting the motion [to introduce the Ordinance] was not limited to the specific parcel; the map provided does include a lot further than the corner lot [Koka property]; inquired whether the additional lot included is the former parking lot for the Mexicali Rose. The Planning Director stated in responding to Council's discussion, staff is trying to provide something legally defensible; the City is not supposed to do spot zoning; there is supposed to be a public policy basis [for zoning]; the 85 feet includes the Koka property and a portion of the parking lot at the former Mexicali Rose site; automotive uses are subject to Use Permits. The Planning Director further stated that she provided a legally defensible way to accomplish Council's desire; a portion of an adjacent property was included to concur with boundary line in the General Plan. Councilmember Kerr inquired whether car repair would be possible adjacent to existing residences. Regular Meeting Alameda City Council 12 December 19, 2000 The Planning Director responded in the affirmative; stated the use [car repair] would be subject to a Use Permit. Councilmember Johnson moved final passage of the 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 Section 30 -2 and 30 -12.1, Definitions, in connection with the establishment of the C -C Zoning District within the Alameda Municipal Code, with the following amendments: 1) Section C (Uses Requiring Use Permits), Item (e) (Automobile Detail Shop) be limited to the lot on the southwest corner of Webster Street; 2) Section G (Development Regulations), Item 2 (Building Height Limit) the height of structures on Park Street be reduced from 100 feet to 60 feet. Vice Mayor DeWitt stated that he wanted to allow spot zoning, which is not legally defensible; the Planning Director has provided a legal way of zoning the area; Council should go with what is legal; the Webster Street Renaissance vision is protected; auto repair uses are prohibited from fronting Webster Street; there can be a pedestrian- oriented business fronting Webster Street with the auto - repair permitted in the rear. Vice Mayor DeWitt seconded the motion. Under discussion, Councilmember Johnson stated her motion changed the Planning Director's indication on the map to reflect Council's discussion at the last Council Meeting [to include Koka property only] . Vice Mayor DeWitt inquired whether Councilmember Johnson did not want 85 feet [north of a line 85 feet south of Pacific Avenue west of Webster Street]. Councilmember Johnson responded it should be 85 feet minus the extra lot area [Mexicali Rose parking lot]; stated the intention is to permit auto - related use on the southwest corner of Webster Street and Pacific Avenue. Councilmember Kerr stated the area is being restricted to one lot, which should not be legally indefensible because it is adjacent to other properties zoned in the same manner, e.g. area south of Pacific Avenue. Councilmember Johnson stated it is not spot zoning; there are auto - related uses across the street and on the corner of Lincoln Avenue and Webster Street; there are auto - related uses around the area. Regular Meeting Alameda City Council 13 December 19, 2000 The Planning Director stated by adding the language: "including an area at the southwest corner of Webster Street and Pacific Avenue, extending 85 feet south of Pacific Avenue and extending, e.g. 120 feet, to the west of Webster Street," the area will be defined geographically; inquired whether Council would like to select a different number of stories as part of reducing the height along Park Street to 60 feet. Councilmember Kerr stated the limit should be 5- stories. Mayor Appezzato agreed 60 feet is probably 5- stories. Councilmember Johnson inquired whether 6- stories would be possible. The Planning Director responded the exemption for parking structures was 6- stories, which is acceptable because parking structures have a shallower distance [between stories]; stated 5- stories might be more realistic for the 60 -foot height limit. Mayor Appezzato inquired whether Councilmember Johnson agreed to include 5- stories in her motion. Councilmember Johnson responded in the affirmative. Vice Mayor DeWitt seconded the amended motion. Under discussion, Councilmember Daysog stated that he is in agreement with everything except the auto use exception; inquired whether Council could vote separately on said matter. Mayor Appezzato responded in the affirmative. Councilmember Daysog further stated an auto - related use is planned for the corner of Atlantic Avenue and Webster Street; inquired whether the use would be permitted if the business was located away from the edge of Webster Street. The Planning Director inquired whether Councilmember Daysog was referring to the property owned by Moti Koka, to which Councilmember Daysog responded in the affirmative. The Planning Director stated if the automotive use is to the rear of the property, it would comply with the intent [of the Zoning Ordinance] ; however, there are other issues involved, such as access and design. Councilmember Daysog inquired whether the project could be completed if retail use fronted on Webster Street with auto use Regular Meeting Alameda City Council 14 December 19, 2000 further down, to which the Planning Director responded in the affirmative. Councilmember Daysog further inquired whether under said scenario, there could be two more auto - repair uses in the area. The Planning Director responded there are a number of locations within the area which could have automotive uses. Councilmember Kerr stated "fronting on Webster Street" is superfluous language because there is no minimum distance which a business must be away from Webster Street; as long as the driveway and street number are on a side street, voting for car repair could allow the business to come up to the sidewalk of Webster Street. Mayor Appezzato stated that he will support Mr. Koka; Mr. Koka previously received approval from the Planning Board; the Planning Board's decision was overturned by the Council. Councilmember Kerr stated escrow closed [on the Koka property] prior to approval from the Planning Board; the Planning Board approved the line running down the center of Pacific Avenue; voting for the Koka property overturns the unanimous decision of the Planning Board. Mayor Appezzato stated the City Council would first vote on Section C [Uses Requiring a Use Permit], Item (e) [Auto Detail Shops]. 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. Mayor Appezzato requested a motion on the remainder of the Ordinance. Councilmember Daysog moved final passage of the Ordinance Approving Zoning Text Amendment ZTA -00 -03 [except Section C, Item (e)]. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. Councilmember Johnson clarified that the motion included revisions [to the height limit along Park Street]: 60 feet and 5- stories. (00 -698) Ordinance No. 2851, "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." Finally passed. Regular Meeting Alameda City Council 15 December 19, 2000 Jon Spangler, Alameda, stated the City should move forward. Councilmember Daysog moved final passage of the ordinance. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON- AGENDA (00 -699) Michael John Torrey, Alameda, wished everyone a happy holiday. COUNCIL COMMUNICATIONS (00 -700) Councilmember Daysog stated some Bay Area cities, e.g. Berkeley, have rules requiring gun purchasers to receive training; suggested staff review the matter; stated Alameda might want to consider implementing a similar rule. (00 -701) Councilmember Kerr wished everyone the best for the holidays. (00 -702) Mayor Appezzato wished everyone a happy holiday, and a happy and safe new year. ADJOURNMENT There being no further business before the City Council, Mayor Appezzato adjourned the Regular Meeting at 11:04 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 19, 2000