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2002-03-19 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - MARCH 19, 2002 - - 7:30 P.M. Mayor Appezzato convened the Regular Meeting at 7:30 p.m. ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson, Kerr, and Mayor Appezzato - 5. Absent: None. AGENDA CHANGES (02 -124) Mayor Appezzato suggested that a motion be made to reconvene the Bible Church Public Hearing [paragraph No. 02 -135] to a later date; inquired how notice would be provided. The City Attorney stated there would be extensive community outreach; the matter would be on the Government Channel and in newspapers. Councilmember Kerr moved approval of holding the Public Hearing on the Chinese Bible Church on another date and at another venue. Councilmember Johnson seconded the motion. Under discussion, Mayor Appezzato stated hopefully the hearing will be civilized; everyone has the right to speak. Vice Mayor DeWitt requested the City Attorney to inform the public of the Council's authority over the matter. The City Attorney stated the matter is an appeal of a Planning Board decision; the subject of Council review is in two areas: 1) major design review, and 2) final development plan; the matter has a history going back to Development Agreements and Settlement Agreements completed in the late 1970s and early 1980s; the particular use is approved; the Council does not have ability to deny the use and may address only two components of the use: design review and the final development plan; Council does not have discretion to deny locating the Chinese Bible School at the site. The Planning Director concurred with the City Attorney's comments regarding use; stated focus should be on the design and development plan. Councilmember Daysog inquired whether the City Council has discretion to review items on a de novo basis. Regular Meeting Alameda City Council 1 March 19, 2002 The City Attorney stated de novo means of new, which allows the City Council to stand in the shoes of the Planning Department; previously, appeals were limited to whether the Planning Board abused its discretion; now, the City Council has the ability to make decisions after hearing facts, evidence and testimony that the Planning Board heard; Council does not have de novo authority over decisions made in the early 1980s when the Development Plan and Settlement Agreement were adopted. Councilmember Daysog further inquired whether a de novo review of the Planning Board's decision allows the Council to apply a fresh set of eyes to both issues which have and have not been reviewed. The City Attorney responded in the affirmative; stated Council can makes its own decision on the major design review and the final development plan and can impose a set of reviews and conditions. Councilmember Daysog inquired whether design review includes set back, width and footprint, to which the Planning Director responded in the affirmative. Mayor Appezzato stated the business park was formed and an Agreement was in place long before Councilmembers took office; the developer has legal rights; the Hearing will be held in a venue, which will accommodate everyone; hopefully, it will be civil. Vice Mayor DeWitt stated the Council does not have jurisdiction to deny the project; the matter is only design review. Mayor Appezzato stated there will be presentations by the community, the developer and City staff to identify ramifications and legal requirements. Councilmember Kerr noted speakers' testimony should not be limited. Councilmember Johnson inquired where people could obtain information. Mayor Appezzato requested the Planning staff to meet with homeowners associations and the developer to meet with people and brief them on the project. Councilmember Daysog stated that he received numerous phone calls, e -mails and letters on the matter, both pro and con; previously, Councilmembers were not permitted to discuss appeals of Planning Board decisions; that he has received sufficient information. The Planning Director encouraged interested individuals to contact the Planning Department for information. Regular Meeting Alameda City Council 2 March 19, 2002 The Developer stated individuals could also contact their representative to arrange meetings or request additional information. Councilmember Johnson suggested that if Planning staff receives a great number of phone calls, a meeting be held to allow people to ask questions. The Planning Director stated the rescheduled meeting could start with an open house prior to the Hearing. Mayor Appezzato stated staff should try to bring people together to disseminate information before the Public Hearing. On the call for the question, the motion carried by unanimous voice vote - 5. Mayor Appezzato called a recess at 7:43 p.m. and reconvened the Regular Council Meeting at 8:17 p.m. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (02 -125) Presentation of "Prudential Spirit of the Community Award" to Emily Schultheis for her "Protect Our Pups" Project. Prudential representative Phil Santaro presented the award to Emily Schulthies. State Senator Don Perata congratulated Emily on receiving the award. Emily Schultheis thanked everyone for their support and introduced her family members. Mayor Appezzato called a recess at 8:28 p.m. and reconvened the Regular Council Meeting at 8:31 p.m. (02 -126) Presentation on status of Main Library Project. [ Councilmember Johnson] The Library Director gave a brief Power Point presentation on the Library Project. Regular Meeting Alameda City Council 3 March 19, 2002 Councilmember Kerr stated the library has worked to establish collections in other languages; however, there are limited resources; the Chinese Business Center in Oakland Chinatown has a Chinese branch of the Oakland Public Library; inquired whether the City is working with said organization; stated the resource could supplement the City's efforts. The Library Director responded the City has access to materials in the same way it has access to materials in other public libraries; a City staff member is familiar with the literature, reads and speaks the language, and is in close contact with the community; a meeting has been held with members of the Chinese language community, too; the library does not have large foreign language collections; people are aware of and use the branch in Oakland. Councilmember Daysog inquired when the State would respond to funding requests. The Library Director responded the application will be submitted in June and response is expected in September. Councilmember Johnson inquired whether the City could make revisions and resubmit the application if the State does not approve funding, to which the Library Director responded in the affirmative. Councilmember Johnson stated the joint programs look excellent; the application process has raised issues, which the City should be focusing on to make the library and schools better; noted there is only $150 Million for the whole State. Vice Mayor DeWitt stated there are number of elements involved in the application, including site ownership, architectural drawings and joint ventures; requested the Library Director to review other items. The Library Director stated the supporting planning documentation is also required, which includes a needs assessment, plan of service, and building program. CONSENT CALENDAR Councilmember Kerr moved approval of the Consent Calendar. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding Regular Meeting Alameda City Council 4 March 19, 2002 the paragraph number] ( *02 -127) Minutes of the Special and Regular City Council Meetings held on March 5, 2002. Approved. ( *02 -128) Recommendation to endorse an Application to the Metropolitan Transportation Commission for a Capital Grant in the amount of $2,000,000 for the Park Street Streetscape and Town Center Project and authorize City Matching Funds in the amount of $500,000 from the Business and Waterfront Improvement Project. Accepted. ( *02 -129) Recommendation to authorize the City Manager to propose New State Legislation to provide the City of Alameda with authority to exchange Public Trust Lands and resolve Trust Boundary Disputes subject to State Lands Commission Approval. Accepted. ( *02 -130) Recommendation to accept the work of J.W. Riley & Sons, Inc., for Repair of Portland Cement Concrete Sidewalk, Curb, Gutter and Driveway, No. P.W. 02- 01 -05. Accepted. ( *02 -131) Recommendation to authorize Associate Civil Engineer (Project Manager) for Public Works Department to Assist with Capital Improvement Program (CIP) Preparation. Accepted. ( *02 -132) Introduction of Ordinance Amending Ordinance No. 2871 by Extending Franchise Agreement with Waste Management of Alameda County, Inc. for Solid Waste Collection and Disposal on a Month -to- Month Basis to no Later than February, 2003. Introduced. ( *02 -133) Introduction of Ordinance Approving and Authorizing the Sale of City Owned Property Located at 2834 Adams Street, Alameda, California, and Waiving the 30 -Day Delay in Effective Date Pursuant to Charter Section 3 -12. Introduced. ( *02 -134) Ratified bills in the amount of $2,057,672.38. REGULAR AGENDA ITEMS (02 -135) Public Hearing to consider an Appeal of the Planning Board's approval of Final Development Plan (FDP 01 -05) and Major Design Review (DR 01 -108), for construction of a 28,500 square foot church and 150,000 square foot 51- classroom school project on 17 acres and adoption of related resolution. The project includes three major buildings, 430 parking spaces, 9 acres of athletic fields and landscaping. The school would serve kindergarten through high school, with capacity of approximately 1,200 students. The site is located at 1801 North Loop Road and is zoned CM -PD Regular Meeting Alameda City Council 5 March 19, 2002 Commercial Manufacturing, Planned Development Combining Zoning District. Applicant: Chinese Bible Church. Appellants: Andrea Scarnecchia, Nick Correia, Michelle Stempien and Richard Davis. Not heard. (02 -136) Public Hearing to consider an appeal of the Planning Board's approval of Mitigated Negative Declaration (IS 01 -07) pursuant to California Environmental Quality Act, a Use Permit (UP 01 -025) for lodging use and operation of a business after 10:00 p.m., Preliminary Design Review (DR 01 -092) approval for construction of a 50 room, three -story hotel with 64 parking spaces on a 0.7 acre parcel. The property is located at the southeast corner of Webster Street and Pacific Avenue within the CC, Community Commercial Zoning District and is designated Community Commercial on the General Plan. Applicant: Sandip Jariwala, Alameda Hospitality LLC. Appellant: Ed Murphy; (02 -136A) Resolution No. 13439, "Denying the Appeal of Ed Murphy and Upholding the Planning Board's Adoption of a Mitigated Negative Declaration IS 01 -07 and Mitigation Monitoring Program for a Hotel at 1628 Webster Street for Alameda Hospitality LLC." Adopted; and (02 -136B) Resolution No. 13440, "Denying the Appeal and Upholding the Planning Board Approval of a Use Permit UP 01 -25 and Major Design Review DR 01 -92, 1628 Webster Street at Pacific Avenue for a Hotel Use and a Use Between 10:00 p.m. and 7:00 a.m. and to Construct the Hotel." Adopted. The Development Review Manager stated the Planning Board unanimously approved the application; the project received support from the West Alameda Business Association (WABA) and community members; the Applicant indicated that cook -tops would be eliminated from the twelve suites; none of the rooms will have cooking facilities. Mayor Appezzato opened the Public Hearing. Proponents (In favor of appeal): Joseph Wood, Attorney representing Appellant. Opponents (Opposed to appeal): Sandip Jariwala, Applicant; Chris L'Orange, Attorney representing Applicant; Jon Spangler, Alameda; Georgia Madden, WABA; Mi'Chelle Fredrick, WABA (submitted 46 letters); and Sam Koka, Alameda. Regular Meeting Alameda City Council 6 March 19, 2002 There being no further speakers, Mayor Appezzato closed the public portion of the Hearing. Councilmember Johnson thanked WABA and the applicant for working together to come up with a mutually agreeable plan; inquired whether the City Attorney supports the recommendation to deny the appeal. The City Attorney responded in the affirmative; stated under the City Charter and Municipal Code, the rooms should not be considered dwelling units. Councilmember Johnson moved adoption of the Resolutions denying the appeal. Councilmember Daysog seconded the motion. Under discussion, Councilmember Kerr stated the Charter forbids multiple dwelling units; a dwelling unit is defined as a place of residence with a kitchen; the Applicant has withdrawn all heating, cooking and sink devices from the plan. On the call for the question, the motion carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON- AGENDA None. COUNCIL COMMUNICATIONS (02 -137) Councilmember Daysog requested an update on the ice cream parlor [Double Rainbow on Webster Street]. (02 -138) Councilmember Johnson requested an update on the Webster /Posey Tube closures. ADJOURNMENT There being no further business, Mayor Appezzato adjourned the Regular Meeting at 9:07 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council 7 March 19, 2002