1998-12-01 Special and Regular CC MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -DECEMBER 1, 1998- -6:50 P.M.
Mayor Appezzato convened the Special Meeting of the City Council
6:50 p.m.
Roll Call - Present:
Absent:
at
Councilmembers Daysog, DeWitt, Kerr,
Lucas and Mayor Appezzato - 5.
None.
The Special Meeting was adjourned to Closed Session to consider:
(98-629) Public Employee Performance Evaluations; Titles: City
Manager, City Attorney and City Clerk.
(98-630)
(98-631)
Conference with Legal Counsel - Anticipated Litigation;
Initiation of litigation pursuant to subdivision (c) of
Section 54956.9; Number of Cases: One.
Conference with Legal. Counsel - Anticipated Litigation;
Significant exposure to litigation pursuant to
subdivision (b) of Section 54956.9; Number of Potential
Cases: Two.
Following the Closed Session, the meeting was reconvened and the
Mayor announced regarding Public Employee Performance Evaluations,
the City Council discussed performance evaluations of the City
Manager, City Attorney and City Clerk; regarding Initiation of
Litigation, the City Council discussed initiation of litigation, no
action was taken; and regarding Significant exposure to litigation,
the City Council obtained briefings from the City Attorney.
Adjournment
There being no further business before the City Council, Mayor
Appezzato adjourned the Special Meeting at 7:50 p.m.
Respectfully submitted,
-(4/'
Diane B- Felsch, CMC
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Special Meeting
Alameda City Council
December 1, 1998
MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -DECEMBER 1, 1998- -7:30 P.M.
Mayor Appezzato convened the Regular Meeting of the City Council at
7:55 p.m. Councilmember Lucas led the Pledge of Allegiance.
Pastor Don Taylor, Central Baptist Church, gave the Invocation.
ROLL CALL - PRESENT:
ABSENT:
AGENDA CHANGES
None.
Councilmembers Daysog, DeWitt, Kerr,
Lucas and Mayor Appezzato - 5.
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(98-632) Mayor Appezzato announced that the Oakland Raiders
honored the Encinal High School ROTC Drill Team by inviting the
Team to perform at half time at the Raiders Game against the
Seattle Sea Hawks; and on December 5th, at 5:30 p.m, the City will
light its Holiday Tree.
CONSENT CALENDAR
Councilmember Kerr requested that the report on CDBG FY 1998-99
Action Plan Amendment No 2 [paragraph no 98-634] be removed from
the Consent Calendar for discussion.
Councilmember Lucas moved approval of the remainder of the Consent
Calendar.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 5. (Items so enacted or adopted are
indicated by an asterisk preceding the paragraph number.]
(*98-633) Minutes of the Special and Adjourned Regular City Council
Meetings held on November 10, 1998 and the Special and Regular City
Council Meetings held on November 17, 1998. Approved.
(98-634) Recommendation to adopt Community Development Block Grant
FY 1998-99 Action Plan Amendment No. 2.
Councilmember Kerr stated that she recently read in the San
Francisco Chronicle Newspaper that one of the organizations which
normally receives over $20,000 from the City had received a large
Grant between $350,000 and $375,000, from Washington, D.C.; said
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Alameda City Council
December 1, 1998
organization is Sentinel Housing; and the award should be noted by
the Community Development Department when considering funding in
the future.
Councilmember Kerr moved acceptance of the recommendation.
Councilmember Lucas seconded the motion, which carried by unanimous
voice vote - 5.
(*98-635) Recommendation to authorize the City Manager to modify
the Field Usage and Maintenance Sections of the Joint Use Agreement
between the Peralta Community College District and the City of
Alameda pertaining to the Hardball Facility and to authorize hiring
one additional full-time staff maintenance worker. Accepted.
(*98-636) Recommendation to refer the Ad Hoc Homeownership
Committee Report to the Housing Commission and invite the Ad Hoc
Committee to serve for another 120 days. Accepted.
(*98-637) Resolution No. 13067, "Declaring Canvass of Returns and
Results of Consolidated General Municipal Election Held on Tuesday,
November 3, 1998." Adopted.
(*98-638) Resolution No. 13068, "Reappointing T. David Edwards as
Trustee of the Alameda County Mosquito Abatement District."
Adopted.
(*98-639) Ratified bills in the amount of $1,828,046.44.
REGULAR AGENDA ITEMS
(98-640) Public Hearing to consider Housing and Community
Development Performance and Needs.
There being no speakers, Vice Mayor DeWitt moved approval of the
recommendation.
Councilmember Lucas seconded the motion.
Under discussion, Councilmember Lucas commended staff for funding
the Four Bridges Program again.
On the call for the question, the motion carried by unanimous voice
vote - 5.
(98-641) Public Hearing to consider the establishment of an
Interim Lease Program at the former Fleet Industrial Supply Center
(FISC), Alameda, and adoption of a Mitigated Negative Declaration
and Mitigation Monitoring Plan, to enable the interim use of lands
and facilities owned by the United States Government. Applicant:
City of Alameda;
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Alameda City Council
December 1, 1998
(98 -641A) Resolution No. 13069, " Adopting a Mitigated Negative
Declaration, IS- 96 -10, and Mitigation Monitoring Plan for
Establishment of an Interim Use Lease Program at Fleet Industrial
Supply Center." Adopted; and
(98 -641B) Resolution No. 13070, "Establishing an Interim Lease
Program for the Fleet Industrial Supply Center." Adopted.
There being no speakers, Vice Mayor DeWitt moved adoption of the
Resolutions.
Councilmember Lucas seconded the motion, which carried by unanimous
voice vote - 5.
(98 -642) Ordinance Approving and Authorizing the Execution of the
Prime Lease between the United States of America,_ as Lessor, and
the City of Alameda, as Lessee, for the Alameda Facility of the
Fleet Industrial Supply Center (FISC) Introduced.
Vice Mayor DeWitt moved introduction of the Ordinance.
Councilmember Lucas seconded the motion, which carried by unanimous
voice vote - 5.
(98 -643) Ordinance Approving and Authorizing the Execution of a
Sublease between the City of Alameda, as Sublessor, and Dunavant of
California, a Corporation, as Subtenant, for a Portion of Building
#2 at the Alameda Facility of the Fleet Industrial Supply Center
(FISC). Introduced.
Councilmember Lucas moved introduction of the Ordinance.
Vice Mayor DeWitt seconded the motion, which carried by unanimous
voice vote - 5.
(98 -644) Ordinance Approving and Authorizing the Execution of a
Sublease between the City of Alameda, as Sublessor, and Bobec
Company, a California Corporation, as Subtenant, for a Portion of
Building #2 at the Alameda Facility of the Fleet Industrial Supply
Center (FISC). Introduced.
Vice Mayor DeWitt moved introduction of the Ordinance.
Councilmember Lucas seconded the motion, which carried by unanimous
voice vote - 5.
(98 -645) Public Hearing to consider a Parcel Map, PM 7292, to
subdivide an approximately 10 acre parcel located at 2201 Harbor
Bay Parkway into four parcels ranging from 1.66 acres to 2.91
acres. Applicant: Harbor Bay Commercial, Inc.; and
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Alameda City Council
December 1, 1998
(98-645A) Resolution No. 13071, "Approving Parcel Map, PM 7292, at
2201 Harbor Bay Parkway and 2250/2320/2350 North Loop Road for
Harbor Bay Commercial, Inc." Adopted.
There being no speakers, Councilmember Daysog moved adoption of the
Resolution.
Councilmember Lucas seconded the motion, which carried by unanimous
voice vote - 5.
(98-646) Public Hearing to consider Vice Mayor DeWitts call for
review of the Planning Boards adoption of a Mitigated Negative
Declaration and Mitigation Monitoring Plan, IS-98-01, and approval
of Preliminary Major Design Review, DR-97-63, for a proposed
automotive sales, service and repair facility, located at 1929
Webster Street. Applicant: Mr. Moti Koka;
(98-646A) Resolution Adopting a Mitigated Negative Declaration, IS-
98-01, and Mitigation Monitoring Program for Design Review, DR-97-
63, for an Automotive Sales, Service and Repair Business to be
Located at 1929 Webster Street, Alameda. Not Adopted.
(98-646B) Resolution Upholding the Planning Boards Approval of
Preliminary Major Design Review, DR-97-63, for 1929 Webster Street.
Not Adopted.
(98-646C) Resolution No. 13072, "Overturning the Planning Boards
Approval of Preliminary Major Design Review, DR-97-63 for 1929
Webster Street." Adopted.
Councilmember Lucas stated that due to a conflict of interest, she
would abstain from hearing, and voting, on the matter before the
City Council.
The Public Portion of the Hearing was opened.
Opponents:
Diane Coler Dark, Alameda.
Following Ms. Coler Darks comments, Mayor Appezzato stated that
Design Review is under consideration this evening, not the matter
of use of said property.
* * *
Neither Opponent Nor Proponent:
Kent Rosenblum, President, West Alameda Business Association
(WABA), stated WABA is neither for nor against the project,
however, WABA questions the use of the building; and WABA would
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Alameda City Council
December 1, 1998
like to work closely with the owner, design committee
Board to get the best possible design.
Mayor Appezzato stated it would be a good idea to
matter of zoning; perhaps together with City staff and
Development Commission, WABA can provide its input and
for how the street should look in the future.
* * *
Proponents:
John Piziali, Alameda
Warren Megrian, Project Architect
Moti Koka, Applicant.
and Planning
look at the
the Economic
set the tone
John Piziali, Alameda, stated that he was speaking before the City
Council as a citizen, not as a Planning Board Member. Following
comments in support of the Project, Mr. Piziali also stated that
future Calls for Review should include reasons and/or justification
for Review.
In response to Mayor Appezzatos inquiry regarding design, Mr.
Megrian, Architect for the Project, stated creating a Victorian
building could not be done with modern construction techniques; the
property is not conducive to a victorian residential design.
Mayor Appezzato stated that he was thinking more along the lines of
a victorian facade.
Mr. Megrian responded a victorian facade could be a possibility.
Mayor Appezzato inquired about other uses for the building.
Mr. Megrian responded the building could be an art gallery,
especially the back building which has high ceilings and
substantial skylights.
Mayor Appezzato inquired about
Mr. Megrian responded between
Councilmember Daysog inquired
work with WABA; for instance,
windows.
the cost for improvements, to which
$750,000 to $1,000,000.
whether the owner would be willing to
on color, coordination, texture, and
Mr. Megrian responded in the affirmative.
Councilmember Daysog inquired why there were no windows beyond the
shrubs, to which Mr. Megrian responded that the Uniform Building
Code requires a 5 ft. setback.
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Alameda City Council
December 1, 1998
Councilmember Daysog inquired whether a range of lights could be
considered to allow continuity, to which Mr. Megrian stated it
would be too busy architecturally.
Councilmember Daysog requested the City Attorney to explain the
process concerning the Call for Review.
The City Attorney stated if Council upholds the Planning Boards
action, the Boards approval would be implemented and there would
be no obligation for the owner to meet with WABA to further discuss
the matter; if Council denies the Planning Boards action by three
votes, the Applicant would have the option of redesigning the
Project and going back to the Planning Board in response to
concerns expressed; and another option is to take the matter under
submission and have them report back to Council before a decision
is made.
Councilmember Daysog stated design is important; and there is no
sense of coloring, framing around windows, texture of materials,
type of roof, etcetera.
Mr. Megrian stated there is a sample board of colors and also
slides, and he described various design applications, including the
facade.
Mr. Koka, Applicant, stated the process has taken too long;
however, he is willing to work with everyone who remarked about the
Project.
Vice Mayor DeWitt inquired whether Mr. Koka had considered
alternate uses for the property.
Mr. Koka responded that he was willing to listen, and inquired
whether Vice Mayor DeWitt had anything in mind.
Vice Mayor DeWitt stated the City has an excellent business
recruiter and also staff which have been involved in similar types
of matters; that he would be happy to approve an alternate use; and
that the area is a gateway to the City.
In response to Mayor Appezzato, Mr. Koka stated that he had been
operating a Used Car Lot at the site since 1994.
In response to Councilmember Daysog, Mr. Koka stated that he was
willing to listen and also work with WABA.
Councilmember Kerr remarked the parcel is extremely difficult; the
property is oddly shaped, small, and narrow; that she has concerns
regarding the design of the Project; stated Independence Plaza was
not given any consideration; future uses under C-M zoning are
important and should be considered; the General Plan requires
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Alameda City Council
December 1, 1998
harmonious transitions in scale and character between use and
adjacent uses; however, the adjacent land will be a green way, and
[there is] a motel & restaurant, community shopping center &
restaurant, and Senior Citizens Housing Complex; the noise of air
tools, electric drills, electric buffers should be considered in
this instance; car repairs are noisy; the garage door will be seen
by the traffic coming from the Tube; the General Plan states
building design at a gateway should create a sense of civic pride;
this project does not create that pride; project has over 50%
compact parking which is not allowed by the Zoning Code; the
existing nine (9) parking spaces are not enough; there are only 12
inches along the north side of the property to plant; to plant any
sizeable tree, staff is discussing digging out larger holes and
putting in pavers that people could drive over; most trees do not
survive well when roots are driven over; the present curbcut does
not line up with the north side of the property; the proposed
driveway in the drawing is 9 ft. wide and only a single lane; the
Zoning Code states that if there are less than 25 spaces, a single
lane is alright; however, this Project is near one of the busiest
intersections and visibility is poor; a two -way driveway should be
considered; that she disagrees with the Planning Board removing the
limit on the number of hydraulic lifts, the removal of the notch in
the rear building for tree planting and the removal of height
limitations on the rear building; and that she compliments the
architect for not agreeing to put a metal roof on the front
building.
Councilmember Kerr moved Council send the matter back to the
Planning Board with the aforementioned concerns and the concerns
expressed by WABA and other Councilmembers.
Vice Mayor DeWitt [seconded the motion] agreed the matter should go
back to the Planning Board for review, including parking.
Mayor Appezzato stated there is a major problem with parking;
requested the Planning Director to comment on the proposed Project.
The Planning Director stated the Applicant and Architect worked
extensively with the staff; the Planning Board referred the matter
back to staff for discussions with WABA and two adjacent property
owners: Days Inn and Brownian Development Co.; staff and the
Applicant would be happy to continue that dialogue if Council
desires; it appears staff did not recalculate the parking although
the front building was reconfigured and additional square footage
added; staff would like an opportunity to speak with the Applicant
regarding the issue; and Councils motion should include
overturning the Planning Boards decision, referring the matter
back to the Board, stating the design is unacceptable, and
direction [to Board] as provided during Council discussion.
In response to Councilmember Daysog, the Planning Director stated
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Alameda City Council
December 1, 1998
WABA worked with the architect on design compatibility.
Mayor Appezzato inquired whether there was a second to the motion.
Councilmember Kerr responded in the affirmative, and stated that
her motion would now be amended to include the Planning Directors
changes [to the motion]: 1) deny the action of the Planning Board,
2) refer matter back to the Board, [3) include statement that
design is unacceptable and 4) that Council direction is outlined in
its discussion on the project].
Vice Mayor DeWitt seconded Councilmember Kerrs amendment(s) to the
motion.
Under discussion, the Planning Director provided a draft resolution
of denial to the City Council, and stated that Environmental Review
is not required for project denial under CEQA guidelines.
Mayor Appezzato stated design review would be denied, not the use
[of the building].
The Planning Director responded in the affirmative.
Councilmember Daysog stated the area has achieved an auto-oriented
nature; project is consistent with said use; the Planning Board,
staff and adjacent properties are working closely with the
Architect; and that he would like to proceed forward with the
Planning Board recommendation; the Project is consistent with
current use and the design review process involves a lot of people.
Councilmember Kerr stated Independence Plaza was completely left
out of the planning; all four corners must be looked at.
Vice Mayor DeWitt stated there are important reasons for said
review; the Webster Street area from Atlantic Avenue to Taylor
Street includes a large vacant lot, four liquor stores, six bars,
and ten (10) auto repair or sale shops; that the Alameda/Oakland
Tire and Muffler Shop on the corner of Eagle and Webster Street is
perhaps one of the reasons why he is so opposed to auto repair
shop; on Buena Vista Avenue there are a number of auto repair
shops; the quantity of auto repair shops far exceeds the needs of
the local community; there are other negative impacts [related to
proposed project]: traffic, noise, and parking; the Planning Board
did the best job it could to dress the business up; the Code allows
for proposed project, however, a line must be drawn somewhere; the
location is supposed to have an appearance of an entry way to the
City, one must say it has a better use other than a car lot; with
the closing of the Naval Air Station, the City has been trying to
improve the appearance of Webster Street and the area; this Project
does not improve the area as far as a gateway is concerned; the
Project does not fit with what the vision should be for the area;
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Alameda City Council
December 1, 1998
eventually the Code will need to be revised; that his appeal is to
the property owner to catch what the City is trying to accomplish
and desires for the future; if the property owner could capture
that vision and use his money and resources to help the City make
that [area] a gateway to Alameda, he would be very happy. He
further stated that he would prefer the project go back to the
Planning Board for corrections and report back to Council; in
addition, he requested the property owner to meet with Mr. Carr
[Business Recruiter], the City Manager and others.
Mr. Koka stated the project is not just another repair shop or
another used car lot; it is for expensive cars valued at $500,000
to $ 2 Million; one of a kind cars; that he is here to spend $1
Million on the building, and more than a $1 million on cars to
bring [in] sales taxes [to the City]; the project is not a repair
shop on Vice Mayor DeWitts list; cars will be brought from Europe;
there are two options: leave the lot as is and let it be a junkyard
or go forward with the project; that he has spent more than enough
time, money and energy on the project; and he would like to resolve
the matter as soon as he can; too much time has been spent on it;
no one knows what the project is all about; colors, etc. were
reviewed a long time ago; he spent $30,000 on plans and a lot of
money to purchase the lot; and no one got into it [project].
Councilmember Daysog stated the Councils job is to be inquisitive
and ask a lot of questions; Vice Mayor DeWitt has a right to be
frustrated about what he sees on Webster Street; the question is
should Council be taking out their frustrations about Webster
Street on an entrepreneur who is willing to invest millions of
dollars, time and energy to come up with a design of a building
that looks quite nice; Councils role is to be sure companies
coming into Alameda have a fair playing field, and that the Citys
values expressed in design are put forward; Council should move
forward in the right venue with the Economic Development Commission
and the General Plan updating process; and Council should move
forward with the Project.
Mayor Appezzato requested a slide presentation by the Architect.
Following the presentation, Mayor Appezzato stated that he was
somewhat concerned that Council is not dealing with design review,
but dealing with use; if Council is dealing with use, it should be
stated, zoning dealt with, the use denied, and [continue to] do
that throughout the rest of Webster Street; this [matter before
Council] is design review; he is going to support the motion; he
will be relying on the fact that it is design review, and he would
like to see it come back; when matter comes back, he wants a "yes"
or "no" from WABA, Days Inn, and Browman Development after the
design issues are addressed; Council needs to be clear the issue is
design, not use.
Regular Meeting
Alameda City Council
December 1, 1998
Diane Coler Dark stated the Agenda Item addresses a Mitigated
Negative Declaration and Mitigation Monitoring Plan; that she
assumes the Monitoring Plan is to mitigate the impacts of the
project and preliminary design review; as far as she is concerned,
the Mitigation Plan is more important.
At the request of Mayor Appezzato, the City Attorney explained that
Council is dealing with Call for Review [by Vice Mayor DeWitt] on
Design Review from the Planning Board; if Council denies the Design
Review, the Council does not have to act upon the environmental
documentation, because Council would not be approving the project.
Mayor Appezzato further stated that if anyone does not like the
project, they can offer to buy the property from Mr. Koka and build
whatever they wish on the property; it is a design issue; he will
support the motion because it requires three votes; however, he
looks forward to the matter coming back; he wants very specific
responses from the people surrounding the business; he will not
support denying the project because of the use; people need to be
treated fairly and equitably; and he will support the motion.
On the call for the question, the motion carried by the following
voice vote: Ayes: Councilmember Kerr, Vice Mayor DeWitt and Mayor
Appezzato - 3. Noes: Councilmember Daysog - 1. Abstentions:
Councilmember Lucas - 1.
Councilmember Kerr stated that Independence Plaza should be
included in the process.
* * *
Council recessed and reconvened to address the following items.
* * *
(98-647) Recommendation to formulate an Economic Development
Strategic Plan.
Frank Matarrese, Chair, Economic Development Commission [EDC],
stated said recommendation is the result of three discussions held
at public EDC meetings; the Council and City Manager see the need
for some strategic planning; tonights discussion [regarding 1929
Webster Street] is somewhat illustrative of the need [for Plan];
whether the City is building a housing project, business project,
street improvements or base redevelopment, without a Plan in place
the City is shooting in the dark; the EDC is at the Councils
service to carry out said Plan, if so desired; that he sees an
expeditious, public process; members of the Commission intend to
put in a lot of time, take the lead [on the project] as per
Councils direction, make it deliverable sometime in 1999 and want
as much public participation as possible.
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Alameda City Council
December 1, 1998
Mayor Appezzato stated the Commission should report back with a
recommended Task Force, and with milestones, target dates,
financial costs, number of meetings, and locations of said meetings
also.
Mr. Matarrese stated the Commission will put a plan together which
Council will review at milestones.
Councilmember Daysog stated the School District should be included
in the process; there should be an opportunity to further define
Silicon Island; that he is interested how the Commission perceives
the economic development component bringing all the different
elements together, so that there is a certain vision for the City,
and how the revitalization of neighborhood shopping areas tie in
with the expansion of Silicon Island.
Councilmember Kerr stated that she strongly supports the
recommendation; once there are conclusions, they should be
followed; the Project [1929 Webster Street] addressed earlier by
the City Council illustrates there are a lot of things in the
General Plan and BWIP which are being ignored; she encourages EDCs
Project; and that she does not share Councilmember Daysogs view in
bringing the School District into the matter.
Councilmember Lucas stated it is an exciting project; the project
will take a lot of work; there are concerns; maybe the zoning for
Webster Street is not right; there is concern that franchise
businesses may be locating too close together, or that too many
franchises drive out small business; franchise businesses may also
drive up rents and increase traffic; and considering such a plan is
timely.
Mr. Matarrese stated the group is up to the task of a lot of work,
and recognizes Alameda is not a city you can lay a template over.
Mayor Appezzato stated the Alameda Board of Realtors has
subcommittees which should be included in the group; said Board has
asked to work with various staff members in the City and should be
of some help.
Mr. Matarrese responded there has been expression to involve the
School District, the Board of Realtors, the Business Associations
and representatives from the residential areas; the Commission can
come up with a list and other details for Council review.
Councilmember Lucas stated that she shares Councilmember Kerrs
concern about involving the School District; the City cannot give
direction to the schools; if there is a concern about the quality
of the schools, the City has no control.
Mr. Matarrese stated the Commission would be advised accordingly.
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December 1, 1998
Councilmember Daysog moved acceptance of the report.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
(98 -648) Ordinance No. 2782, "Amending the Alameda Municipal Code
by Repealing Section 1 -5 (Penalty Provisions) of Chapter I
(General) in Its Entirety and Adding a New Section 1 -5 (Penalty
Provisions; Enforcement) to Chapter I. Finally passed.
Councilmember Lucas moved final passage of the Ordinance.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
(98 -649) Ordinance No. 2783, "Authorizing the Lease between the
Alameda Bureau of Electricity (Lessor) and Pacific Bell Company
(Lessee) for Real Property (Inner Duct /Conduit)." Finally passed.
Councilmember Lucas moved final passage of the Ordinance.
Vice Mayor DeWitt seconded the motion, which carried by unanimous
voice vote - 5.
(98 -650) Ordinance No. 2784, "Amending the Alameda Municipal Code
by Amending Section 30 -2 (Definitions), Subsection 30 -4.10 (C -M,
Commercial Manufacturing District), Subsection 30 -4.11 (M -1,
Intermediate Industrial Manufacturing District), Subsection 30-4.12
(M -2, General Industrial Manufacturing District), Subsection 30 -7.6
(Schedule of Required Minimum Off - Street Parking Space), and by
Adding Section 30.15 (Work /Live Studios) of Chapter XXX
(Development Regulations). Adopted.
Ed Murphy, Alameda, stated that he opposes the work /live proposal
for three main reasons: 1) Article 26 -1 of the City Charter; 2)
Article 26 -2 of the City Charter; and 3) Article XXI of the
California State Constitution.
Councilmember Lucas moved final passage of the Ordinance.
Vice Mayor DeWitt seconded the motion.
Under discussion, Mayor Appezzato stated that he has concerns; that
he is not necessarily opposed to work /live studios; that he
abstained last time [November 17, 1998 Regular City Council
Meeting] because there is merit, however, he will vote no tonight;
Council is bypassing the EDC and rushing into it without additional
public input; that he is opposed to the Ordinance at this time
without further staff and Commission input.
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Alameda City Council
December 1, 1998
On the call for the question, the motion carried by the following
voice vote: Ayes: Councilmembers DeWitt, Kerr and Lucas - 3. Noes:
Councilmember Daysog and Mayor Appezzato - 2.
ORAL COMMUNICATIONS, NON - AGENDA (Public Comment)
(98 -651) Mitchell Walker, Alameda, stated that he has property on
Central Avenue; last week he was working on the property and the
Alameda Police Department came in; he asked the Police what they
wanted; one officer was going to climb the fence; he [Walker]
opened up the gate and inquired what they wanted; the police stated
they had their orders and he was arrested; he spent 14 hours in the
Oakland jail, he got out on $500 bail, and when he checked his
property his fence was gone; that he wants Council to see who he is
and what kind of person; he wants to be left alone and treated
fairly and to finish the restoration on the house; he would also
like to have the fence back; if Council would like to comment on
the matter, he is listed in the phone book under Mitch Walker.
(98 -652) Tim McKeon, Alameda, stated he wrote the Chief of Police
and Sergeant Glover around March about the problems with trucks
and cars speeding on Buena Vista Avenue; the Chief responded and
stated that in the first 2 z months of the year 39 citations were
given on Buena Vista Avenue; that he [McKeon] could write 39
citations any morning of the week in front of his house; the moving
company and the container company are the biggest offenders; also
East Bay Municipal Utility District, City Vehicles and cars; that
he is talking about 30 to 40 mph., which is the norm rather than
the exception; he does not want his children run over; something
has to be done; vehicles go from Oak Street all the way to Grand
Avenue; there are no stop signs; it is mostly the trucks, however,
he sees cars too; a lot of cars pass people at 40 to 50 mph to get
around [pass]; he does not see any police: motorcycle officers;
neighbors do not seem to get any response [from City].
Councilmember Kerr noted that a lot of the trucks
materials and should not be speeding.
carry
toxic
(98 -653) David Collins stated that he is a Trustee for ETC Trust,
P.O. Box 1665, Alameda; [ submitted packets to the City Council];
he is present in his fiduciary capacity; he is associated through
the Trust with Mitchell Walker; that he wants to give Council a
heads up [on the] situation which is the purpose for speaking to
Council this evening; he is disappointed in the recent events
regarding that property, which is what the information packet is
about; it [packet] is [a] communication and accumulation of
evidence and facts, and [it is] not based upon opinion; the
unfortunate situation is being presented to Council in hopes you
will each be made aware of it; unfortunately, Council should take
judicial notice of the facts presented; Mr. Walker, the Trust, has
not yet retained an attorney; he [Walker] would like to be left
Regular Meeting
Alameda City Council
December 1, 1998
alone and free from arrest, to continue to work on his project, and
to have access to due process--not the abuse of due process; he
[Collins] thinks the situation could [have been] resolved had the
situation with the City Attorney and the Chief of Police been
communicated or handled on a different level.
Mayor Appezzato stated the City Attorney or someone should get
together with Mr. Walker and Mr. Collins and discuss concerns.
(98-654) Morton Wellhaven, Alameda, thanked Councilmember Karin
Lucas for her years of service; stated Councilmember Lucas chose to
uphold and affirm many communities in Alameda; that he is present
as a member for Out On The Island [OOTI]; Karin has been a part of
great things happening in the City in reference to gay and lesbian
issues; the gay and lesbian community has been very thankful for
what she has done; since Karin brought the [Gay] Proclamation issue
forward, all seven City Council candidates at the last election
requested OOTI endorsement; Karin is a grand lady.
Councilmember Lucas thanked Mr. Wellhaven and stated the last
election proves what an inclusive community Alameda is; diversity
is appreciated in the community.
(98-655) John Fee, Alameda, discussed various matters, including
consumer affairs.
COUNCIL COMMUNICATIONS (Communications from Council)
(98-656) Consideration of Mayors nomination for appointment to
the Planning Board.
Mayor Appezzato nominated Marie Gilmore for appointment to the
Planning Board.
(98-657) Councilmember Daysog requested a report on the steps the
City is taking on the Y2K dilemma.
ADJOURNMENT
There being no further business before the City Council, Mayor
Appezzato adjourned the meeting at 10:03 p.m.
Respectfully submitted,
Diane B. Fe sch, CMC
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Regular Meeting
Alameda City Council
December 1, 1998