2005-03-15 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY - - MARCH 15, 2005 - - 7:30 P.M.
Mayor Johnson convened the Regular Meeting at 7:32 p.m.
Roll Call - Present: Councilmembers Daysog, deHaan, Gilmore,
Matarrese, and Mayor Johnson - 5.
Absent: None.
AGENDA CHANGES
(05 -110) Mayor Johnson presented the Resolution Commending Captain
Rich McWilliams [paragraph no. 05 -112] prior to the Consent
Calendar.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(05 -111) Proclamation declaring March 2005 as Red Cross Month.
Mayor Johnson read and presented the Proclamation to Jim Franz,
American Red Cross.
Mr. Franz stated that the Red Cross has a wonderful partnership
with the City; noted that Mayor Johnson accepted the Good Neighbor
Award for the City's support of the Red Cross a couple of months
ago.
REGULAR AGENDA ITEM
(05 -112) Resolution No. 13821, "Commending Alameda Police
Department Captain Rich McWilliams for His Contributions to the
City of Alameda." Adopted.
Mayor Johnson read and presented the Resolution to Captain Rich
McWilliams.
Captain McWilliams thanked the Council for the kind words; stated
that it has been a pleasure to work for the City.
Councilmember Matarrese moved adoption of the Resolution.
Vice Mayor Gilmore seconded the motion, which carried by unanimous
voice vote - 5.
CONSENT CALENDAR
Mayor Johnson announced that the recommendation to adopt Zoning
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Ordinance Text Amendment ZA03 -0003 [paragraph no. [05 -115] was
removed from the Consent Calendar for discussion.
Vice Mayor Gilmore moved approval of the remainder of the Consent
Calendar.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
[Items so enacted or adopted are indicated by an asterisk preceding
the paragraph number.]
( *05 -113) Minutes of the Special City Council Meeting, the Special
Joint City Council and Housing Authority Board of Commissioners
Meeting, and Regular City Council Meeting held on March 1, 2005.
Approved.
( *05 -114) Ratified bills in the amount of $6,660,114.93.
(05 -115) Recommendation to adopt Zoning Ordinance Text Amendment,
ZA03 -0003, Citywide Guide to Residential Design.
Richard W. Rutter, Alameda, stated that the guidelines are a good
tool for the public and staff to utilize; urged adoption.
Elizabeth Krase, Alameda Architectural Preservation Society (AAPS),
stated that the guidelines are long overdue; urged adoption.
Kevin Frederick, AAPS, urged adoption of the guidelines.
Janelle Spatz, AAPS, stated that AAPS supports and encourages
adoption of the guidelines.
Ross Dileo, Alameda, urged endorsement of the guidelines.
Christopher Buckley, AAPS, urged adoption of the guidelines.
Denise Brady, AAPS, stated that the guidelines have been in the
works for a very long time; urged adoption.
Councilmember Daysog moved approval of the staff recommendation.
Councilmember deHaan seconded the motion.
Under discussion, Councilmember Matarrese thanked staff for
developing the guidelines; stated the guidelines are very
comprehensive and provide some good guidance; noted that the window
section of the guidelines prohibits use of aluminum windows; stated
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certain materials should not be prohibited as technology and
materials progress; the focus should be on the design and
appearance criteria, not the material.
The Supervising Planner stated that a new fiberglass window has
been manufactured which is superior to the wood clad windows in
many ways; the guidelines are intended to be a living document and
can be amended; staff is recommending adoption of the guidelines
for a year.
Vice Mayor Gilmore thanked staff and the community for the time,
energy, and effort given to the guidelines; stated that the
guideline pictures are useful for understanding what is and is not
permitted.
The Supervising Planner thanked RAPS for all of their input.
Mayor Johnson stated that staff was working on the guidelines when
she was on the Planning Board years ago; stated a voice vote,
rather than ordinance, is a good process.
On the call for the question, the motion carried by unanimous voice
vote - 5.
( *05 -116) Recommendation to authorize the Mayor, City Manager
and /or Designee to send letters opposing the proposed suspension of
mandated cost reimbursements. Accepted.
( *05 -117) Resolution No. 13822, "Upholding the Planning Board's
Decision to Readopt ZA04 -0002 to the Webster Street Design
Guidelines, Known Henceforth as the Webster Street Design Manual."
Adopted.
Councilmember deHaan commended the West Alameda Business
Association (WABA) for taking the lead; urged the Park Street
Business Association (PSBR) to adopt a similar guideline.
REGULAR AGENDA ITEMS
(05 -118) Public Hearing to consider an Appeal of the Planning
Board's denial of Major Design Review DR04 -0082 and Variance VO4-
0014 to permit the conversion of an existing detached garage to be
used as a dwelling unit. The site is located at 1608 Santa Clara
Avenue within the R -4, Neighborhood Residential District.
Applicant /Appellant: Michele and Frank Mulligan; and
(05 -118A) Resolution No. 13823, "Upholding the Planning Board's
denial of Major Design Review DR04 -0082 and Variance VO4 -0014 to
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permit the conversion of an existing detached garage to be used as
a dwelling unit." Adopted.
The Supervising Planner gave a brief oral report.
Councilmember Matarrese inquired whether the Planning Board made a
recommendation to Council, to which the Supervising Planner
responded that the Planning staff denied the variances.
Mayor Johnson opened the public portion of the Hearing.
Proponents (In favor of Appeal): Frank Mulligan, Appellant
(submitted handout); Jeff Kassow, Alameda; Walter DeCalle, Alameda;
Christina Locklear, Alameda.
Opponent (Not in favor of Appeal): Leo Beaulieu, Alameda.
After Mr. Mulligan's comments, Councilmember deHaan inquired how
Mr. Mulligan obtained the referenced photo album, to which Mr.
Mulligan responded that the trustee provided him with the album.
Councilmember deHaan inquired whether the permit provided to
Council is the one on file with the Planning Department, to which
the Supervising Planner responded in the affirmative; stated the
"SFD" notation on the permit is for the use of the lot.
Vice Mayor Gilmore inquired whether there was anything at the
location before the structure was built.
Mr. Mulligan responded that he did not know; stated there may have
been a garage, but no driveway.
Councilmember deHaan inquired whether there are any records that
indicate that there was a previous garage, to which the Supervising
Planner responded there was a permit for demolition of a garage
dated April 1984; a second permit for a new garage was issued in
June of 1984 and finaled in October 1984.
Councilmember Matarrese inquired whether the City issued plumbing
and mechanical permits which would be necessary for a kitchen and a
bathroom, to which the Supervising Planner responded in the
negative.
Mayor Johnson stated that a dwelling unit could not have been built
on a zero property line in 1984; inquired whether building a
dwelling unit with a garage permit would have been legal in 1984,
to which the Supervising Planner responded in the negative; the
permit would lack the rear and side set back and separation between
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dwelling unit requirements.
There being no further speakers, Mayor Johnson closed the public
portion of the Hearing.
Mayor Johnson stated that the Planning Board was concerned that the
structure did not meet building codes; inquired what would happen
if Council denied the variances.
The Supervising Planner responded that the property owner would
need to re- institute the garage use that was approved in 1984,
extend the driveway to the garage, remove the French doors, install
a garage door, and remove the kitchen and bathroom.
Mayor Johnson inquired whether a garage could have a residential
unit, to which the Supervising Planner responded in the negative.
Vice Mayor Gilmore stated the structure does not comply with the
set backs for a dwelling unit; noted that garages are allowed to
sit on two property lines; stated placing a dwelling unit on two
property lines would never have been approved in 1984; that she has
seen countless situations where people apply for a permit, the
inspector finals the permit, and then plumbing and electrical are
installed after the fact; she has a great deal of sympathy for the
property owners, but approval of the appeal would send a message
that the permitting process does not need to be followed.
Councilmember Matarrese inquired whether the appraisal form was in
error, to which the Supervising Planner responded that she has not
seen the appraisal form.
Councilmember Matarrese stated there might be safety factors
involved because plumbing, electrical and mechanical permits were
not obtained; that he has sympathy for the property owners; the
real estate agent and appraiser are at fault.
Mayor Johnson stated that she also has sympathy for the property
owners; Council would be very arbitrary to approve the construction
after the fact.
Councilmember deHaan inquired whether the structure could stay in
place as a legal garage.
The Supervising Planner responded in the affirmative; there may be
some openings that are too close to the property lines and may need
to be closed; some of the plumbing may need to come out.
Mayor Johnson inquired whether the external type plumbing would
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have been permitted in 1984, to which the Supervising Planner
responded that she did not know.
Councilmember Daysog stated that he wished the rules were
otherwise; it is difficult to make things right for the property
owners.
Vice Mayor Gilmore moved adoption of the resolution denying the
appeal and upholding the decision of the Planning Board.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
(05 -119) Public Hearing to consider Zoning Text Amendment ZA05-
0001 and Rezoning R05 -0001 to create a Theater Overlay District and
rezone certain properties to the Theater Overlay District; and
(05 -119A) Introduction of Ordinance Amending the Alameda Municipal
Code by Amending Section 30 -2 (Definitions); Amending Subsection
30 -3.2 (Combining Districts); Adding a New Subsection 30 -4.22 (T-
Theater Combining District); and Reclassifying and Rezoning Certain
Properties Within the City of Alameda to Include the Theater
Combining District.
The Management Analyst provided a brief report.
Mayor Johnson opened the public portion of the Hearing.
Mayor Johnson stated that Melody Marr, Chamber of Commerce,
submitted a letter stating that the Chamber is in favor of Zoning
Text Amendment ZA05 -0001 and Rezoning R05 -0001.
Proponent (In favor of ordinance): Robb Ratto, PSBR.
onent (Not in favor or ordinance): Gary McAffe, Alameda.
After Mr. Ratto's comments, Mayor Johnson inquired whether the
proposed ordinance would have an impact on the Central Cinema, to
which the Management Analyst responded in the negative; stated the
proposed ordinance pertains to multi - screen cinemas.
There being no further speakers, Mayor Johnson closed the public
portion of the Hearing.
Councilmember Daysog moved introduction of the ordinance.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
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(05 -120) Public Hearing to consider a Citywide Zoning Text
Amendment ZA04 -0001 to review and revise Alameda Municipal Code
Section 30 -6, Sign Regulations, clarifying current regulations and
establishing internal consistency with various Alameda Municipal
Code sections with the primary focus on regulations pertaining to
Window Signs; and
(05 -120A) Introduction of Ordinance Amending the Alameda Municipal
Code by Amending Section 30 -2 (Definitions) of Article I (Zoning
Districts and Regulations) of Chapter XXX (Development Regulations)
by Adding a New Section 30 -6 (Sign Regulations) to Chapter XXX
(Development Regulations). Introduced.
The Supervising Planner gave a brief report.
Councilmember Daysog inquired whether a medical office not in a
commercial area is allowed to have a temporary sign, to which the
Supervising Planner responded A -frame and I -frame signs are not
permitted anywhere in Alameda.
Councilmember deHaan inquired whether the proposed ordinance was
for all retail areas, to which the Supervising Planner responded in
the affirmative.
Mayor Johnson opened the public portion of the Hearing.
Proponents: (In favor of ordinance): Robb Ratto, PSBR; and Sherri
Stieg, WABA.
Vice Mayor Gilmore stated that the City does not have the resources
to walk down each business district street to enforce the
ordinance; the City is counting on and expecting PSBR and WABA to
help clean up the signage in town.
Councilmember deHaan stated that some of the retailers are going to
have a rude awakening; enforcement of the proposed ordinance needs
to be implemented fairly.
Councilmember Daysog inquired whether the proposed ordinance is
primarily for signs facing outward and not inside signs, to which
the Supervising Planner responded that signs which are part of the
interior decor would not be considered to be a sign.
Councilmember deHaan stated that tonight is monumental; thanked
staff for all of their work.
Vice Mayor Gilmore moved introduction of the ordinance.
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Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
(05 -121) Recommendation to approve the Theatre Design Guidelines
and presentation of conceptual parking structure designs.
The Development Services Director provided a brief summary.
Mayor Johnson inquired how wide the sidewalks are on Central
Avenue, to which the Development Services Director responded 14
feet; stated sidewalks on Oak Street are 8 feet.
Mayor Johnson stated that the design guidelines provide a sense of
what the community would like to see when the architects come back
with actual plans.
Councilmember Matarrese inquired about the timeline.
The Development Services Director responded the design guidelines
could be attached to the Disposition and Development Agreement
(DDA); the DDA should be finalized within the next couple of days
for public display and a hearing in April; noted that the public
hearing notice for a DDA is extensive and lengthy.
Councilmember Matarrese inquired the impact of not including the
guidelines in the DDA.
The Development Services Director responded having the guidelines
as part of the DDA gives it more importance.
The City Attorney stated that the DDA does not have to have any
attachments.
Mayor Johnson stated if the guidelines are not adopted tonight,
they would not be attached to the DDA or the DDA would be delayed.
The Development Services Director stated Council could adopt the
guidelines separately.
Mayor Johnson stated that she would prefer to have the guidelines
attached; that she is prepared to go forward with the approval of
the design guidelines.
Councilmember deHaan stated that the scope of the architect's
desires should not be limited; inquired whether there would be two
or three different design concepts.
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The Development Services Director responded that the developer
would start with conceptual plans, submit an application to the
Planning Department, and the design review process would begin; she
is not expecting multiple concepts to be submitted.
Mayor Johnson noted that Melody Marr, Chamber of Commerce,
submitted a letter stating that the Chamber is in favor of the
Theatre Design Guidelines.
Richard W. Rutter, Alameda, stated that it appears there will be a
traffic impact on Oak Street; suggested considering making Oak
Street be increased to 60 feet wide.
Nick Petrulakis, Alameda, urged moving forward with the guidelines.
Scott Brady, Alameda, stated that he was concerned that the
guidelines are overly specific in terms of architectural design
elements.
Christopher Buckley, RAPS, stated that the preliminary review is a
good idea; outlined AAPS's suggested changes to the guidelines.
Chuck Millar, Alameda, stated that he was concerned with the
proposed contemporary design.
Mayor Johnson requested the Development Services Director to
respond to the design issue.
The Development Services Director
environmental group to study the
whether or not it fits within the
the Secretary of Interior standard
community concern because of the
created to do basic evaluation.
stated the design was done by an
mass and make a judgment about
contexts and is consistent with
s; stated there has been a lot of
image the environmental planner
Councilmember Daysog inquired whether a review by the State was
required to determine impacts on surrounding historical areas.
The Development Services Director responded a review would not be
needed if Federal funding were not used.
Councilmember Daysog stated the Historical Advisory Board and other
interested groups should have input.
Elizabeth Krase, RAPS, submitted a handout; stated that she
welcomes the rehabilitation of the historic theatre with
reservations; she is concerned with the projected overhangs.
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Councilmember Daysog inquired whether the projected overhangs would
overwhelm the historic theatre, to which Ms. Krase responded in the
affirmative.
Kevin Frederick, Alameda, stated that no consideration, thought, or
respect has been given to Alameda; noted the proposed design is
bizarre.
Mayor Johnson inquired whether there have been any designs from the
architect, to which the Development Services Director responded in
the negative.
Mayor Johnson inquired whether designs were presented at last
night's Planning Board meeting, to which the Development Services
Director responded the developer had his architect work on some of
the concepts to clarify questions.
Jon Spangler, Alameda, stated the community is reacting to the mass
of the structure; noted overhangs would block the views down the
street.
Debbie George, Alameda, stated the theatre is positive for Alameda;
urged moving forward.
Al Wright, Alameda, stated that he was extremely happy to have a
theatre in Alameda soon.
Robb Ratto, PSBR, stated the public has had ample opportunity to
provide input; urged the process not be delayed and adoption of the
guidelines.
Councilmember Matarrese stated that he would like to take out the
word "contemporary" from the guidelines; he does not see the need
to give that type of general guidance; without the Cineplex, the
theatre would rot in place; stated nothing is lost by taking out
the word "contemporary."
Mayor Johnson concurred with Councilmember Matarrese; inquired
whether omitting the word "contemporary" has any negative impact,
to which the Development Services Director responded in the
negative.
Councilmember Matarrese stated there is ample time to massage the
design once the true design is presented; that he can accept the
design guidelines.
Councilmember deHaan stated that he is the strongest advocate of
the theatre; inquired whether the retail spaces would be part of
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March 15, 2005
the developer's operation.
The Development Services Director responded that there are two
projects: 1) the potential historic restoration project conducted
by the City, and 2) the multiplex and retail stores, which would be
constructed and owned by the developer; the developer would own and
lease the retail spaces.
Councilmember deHaan stated the mass must remain for the theatre;
inquired whether there would be the ability to design without the
protrusions by removing retail square footage.
The Acting City Manager responded that staff would need to review
the matter and return to Council.
Councilmember deHaan stated that he does not believe that there is
any need for signage other than the renovated marquee; noted that
vertical accent latitude should be left to the architect.
Vice Mayor Gilmore stated that the community and staff have taken
their best shot at the design guidelines; design guidelines are not
going to be perfect, especially in the abstract.
Vice Mayor Gilmore moved approval of the staff recommendation with
removing the word "contemporary" from the Theatre Design
Guidelines.
Councilmember Matarrese seconded the motion.
Under discussion, Councilmember Daysog stated that he sees the
design guidelines as a platform that allows more discussions
involving members of the Historical Advisory Board; the guidelines
do not lock the City into bad design; there is a major challenge
ahead in trying to have an economically viable theatre which
minimizes the projection problem at the same time.
Mayor Johnson stated that the Council has been working on the
theatre project for years and has been very supportive; thanked
staff for all of their work.
On the call for the question, the motion carried by unanimous voice
vote - 5.
Vice Mayor Gilmore requested that the Transportation Commission
review traffic issues on Oak Street and provide Council with
recommendations as soon as possible.
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ORAL COMMUNICATIONS, NON- AGENDA
(05 -122) Mina Talebzadeh, Alameda, requested the City to recognize
Spring Equinox as a day of peace and harmony.
Mayor Johnson requested Ms. Talebzadeh to provide language for a
proclamation.
Gina Mariani was not present but wanted to be on record in support
of Ms. Talebzadeh's request.
(05 -123) Michael J. McGhee, Volunteer Veterans Advocate, submitted
a letter; stated that the City currently offers services for
veterans but there is no office or City official assigned to
coordinate the services; urged the City to appoint a committee to
investigate veterans' services, to clarify the City's jurisdiction
over veteran programs, and create a City office of Veterans Affairs
for benefits.
(05 -124) Jon Spangler, Alameda, stated that he and Audrey Lord
Hausman, co- founder of Pedestrian Friendly Alameda, will be
training at a conference in April; stated that it is wonderful to
see the Alameda Police Department enforcing pedestrian rights and
safety.
(05 -125) Al Wright, Alameda, stated that on several occasions the
American flag has been improperly displayed in front of City
buildings; flags flown at the Police Department are not consistent
with City Hall; stated that he objects to the American flag being
flown at half mast to honor local citizens; stated that all flags
on City property should be in compliance with when the President of
the United States directs the flag to be flown at half mast;
requested that Council direct staff to issue appropriate directives
to all departments.
COUNCIL COMMUNICATIONS
(05 -126) Councilmember Daysog stated that the Chipman Middle School
Drum and Flag Corps requested a City flag for display in parades.
(05 -127) Councilmember Daysog stated there is a professor at the
University of California, Berkeley who is moving forward with an
initiative regarding urban casinos; requested staff to analyze the
initiative and provide a recommendation as to whether Council
should support the initiative.
(05 -128) Councilmember deHaan requested that the Transportation
Commission and Public Works Department provide the Council with
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information on transportation remediation efforts at Bayport.
Councilmember Daysog noted data indicates that transportation
solutions have to be citywide.
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
Regular Meeting at 10:25 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
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