2003-06-03 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY - - JUNE 3, 2003 - - 7:30 P.M.
Mayor Johnson convened the Regular Meeting at 8:04 p.m.
ROLL CALL - Present: Councilmembers Daysog, DeWitt, Kerr,
Matarrese and Mayor Johnson - 5.
Absent: None.
AGENDA CHANGES
(03 -247) Mayor Johnson announced that the Public Hearing to
consider a determination relative to the reconfiguration of the
intersection of Maitland Drive and Harbor Bay Parkway [paragraph
no. 03 -263] would be continued to July 1, 2003.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(03 -248) Presentation of Certificate of Service to former Planning
Board Member Horst Breuer.
Mayor Johnson presented a Certificate of Service to Mr. Breuer.
(03 -249) Proclamation declaring June 2003 as Homeownership Month
in Alameda.
Mayor Johnson read the proclamation and presented it to Vincent San
Nicolas, President of the Alameda Association of Realtors.
(03 -250) Proclamation recognizing the Gay and Lesbian Community of
the City of Alameda.
Karen Boutilier, Alameda, thanked the Council and City for
proclamation.
Morton Wellhaven, Alameda, thanked the Council for issuing the
proclamation.
Mayor Johnson read the proclamation and presented it to Debra
Arbuckle and Carla Stripe.
CONSENT CALENDAR
Mayor Johnson announced that the recommendation to approve fill
permit [paragraph no. 03 -254] and the Resolution amending the
Citywide Development Fee [paragraph no. 03 -255] were removed from
the Consent Calendar for discussion.
Regular Meeting
Alameda City Council
June 3, 2003
Councilmember Matarrese moved approval of the remainder of the
Consent Calendar.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
[Items so enacted or adopted are indicated by an asterisk preceding
the paragraph number.]
( *03 -251) Minutes of the Special and Regular City Council Meetings
held on May 20, 2003. Approved.
( *03 -252) Recommendation to accept Annual Status Report on the
implementation of the Housing Element. Accepted.
( *03 -253) Recommendation to award Consultant Agreement in the
Amount of $310,034 including contingency to CCS Planning and
Engineering, Inc. for the Park Street Streetscape and Towncenter
Project, No. P.W. 10- 02 -13. Accepted.
(03 -254) Recommendation to approve Fill Permit for Delivery and
Deposition of 50,000 Cubic Yards of Clean Dredged Material at the
Golf Course Site at Alameda Point.
Councilmember Kerr inquired whether there is a conflict between the
$3 per cubic yard deposit fee and the negotiated tipping fee.
The Leasing and Property Manager responded the importation fee for
50,000 yards is $3 per cubic yard; a tipping fee has not been
negotiated for the larger quantity of dredge material that will be
acquired in the future.
Councilmember Kerr inquired what assurance the City has that the
material gathered near the tube will be clean, to which the Leasing
and Property Manager responded the material has already been tested
as part of CalTrans's operation and the fill permit requires a
thorough testing procedure before the material is moved to the golf
course site.
Councilmember Kerr inquired whether materials deeper than the
concrete runways would be used.
The Leasing and Property Manager responded in the affirmative;
stated the runways will be removed at no cost and 150,000 cubic
yards of clean sand below the runway would be mined; the clean sand
would be placed on top of the dredged material.
Regular Meeting
Alameda City Council
June 3, 2003
Councilmember Kerr stated runway areas are very dirty; ground water
moves around causing other areas to be contaminated.
The Leasing and Property Manager stated the runway in the
contaminated landfill area would not be touched; the remainder of
the northwest territory has been determined to be relatively clean.
Councilmember Kerr inquired whether the landfill area is the
eastern part of the northwest area, to which the Leasing and
Property Manager responded the landfill area is approximately 25
acres in the western area.
Councilmember Kerr inquired whether testing would be completed
prior to mining under the runways, to which the Leasing and
Property Manager responded in the affirmative.
Mayor Johnson stated there should be a monitoring process; unclean
materials should not come to Alameda; inquired whether there would
be on -going testing.
The Leasing and Property Manager stated testing is being completed
as the material is brought up onto the Fleet Industrial Supply
Center property.
Mayor Johnson stated the Galbraith [Metropolitan] Golf Course [in
Oakland] had problems with the consistency of dredged material;
inquired whether said issue would be monitored.
The Leasing and Property Manager stated the City would probably
receive material similar to Galbraith; there could be problems with
shrinkage, which costs more to process, but is useable as long as
the material is clean.
Councilmember Kerr requested an off agenda report on the usability
problems at Galbraith [Metropolitan] Golf Course.
The City Manager stated an off agenda report would be provided.
Mayor Johnson stated the City should ensure problems are being
addressed; the City should monitor the dredged material as it comes
in and ensure it can be used correctly.
The Leasing and Property Manager stated the City has hired the same
soil engineers that learned from the Galbraith experience.
Councilmember Kerr inquired whether dredged material would smell,
to which the Leasing and Property Manager responded hopefully the
material would not smell.
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Councilmember DeWitt inquired whether the project is on schedule
and if the first delivery would be in 2004, to which the Leasing
and Property Manager responded in the affirmative; stated once
permits are complete, the City will receive 50,000 yards.
Councilmember Kerr moved approval of the staff recommendation.
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 5.
(03 -255) Resolution No. 13593, "Revising the Citywide Development
Impact Fee Schedule for the Construction of Capital Facilities
within the City of Alameda." Adopted.
Vice Mayor Daysog thanked staff for updating the fee.
Vice Mayor Daysog moved adoption of the resolution.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
( *03 -256) Introduction of Ordinance Repealing Ordinance No. 2900
Authorizing Amendment to Contract Between the Board of
Administration of the California Public Employees' Retirement
System and the City Council of the City of Alameda. Introduced;
and
( *03 -256A) Introduction of Ordinance Authorizing Amendment to
Contract Between the Board of Administration of the California
Public Employees' Retirement System and the City Council of the
City of Alameda. Introduced.
( *03 -257) Ratified Bills in the amount of $2,836,567.67.
REGULAR AGENDA ITEMS
(03 -258) Public Hearing to establish Proposition 4 Limit
(Appropriation Limit) for Fiscal Year 2003 -04; and
(03 -258A) Resolution No.
for Fiscal Year 2003 -04."
13594, "Establishing Appropriations Limit
Adopted.
There being no speakers, Mayor Johnson opened and closed the public
portion of the Hearing.
Councilmember DeWitt moved adoption of the resolution.
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Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
(03 -259) Public Hearing to consider Resolution No. 13595,
"Confirming the Business Improvement Area Report for FY 2003 -04 and
Levying an Annual Assessment on the Alameda Business Improvement
Area of the City of Alameda for FY 2003 -04." Adopted.
Mayor Johnson opened the Public Hearing.
Proponents: Robb Ratto, Park Street Business Association; and
Sherri Stieg, West Alameda Business Association.
There being no further speakers, Mayor Johnson closed the public
portion of the Hearing.
Vice Mayor Daysog moved adoption of the resolution.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
(03 -260) Public Hearing to consider an Appeal of the Planning
Board's conditional approval of Use Permit, UP02 -0043, to legalize
the tavern use and to permit expanded hours of operation. The
current hours of operation are 11:00 a.m. to 12:00 p.m. (midnight),
Sunday through Thursday and 11:00 a.m. to 1:00 a.m., Fridays and
Saturdays. The approved expanded hours of operation which would
permit the tavern's operation between 6:00 a.m. to 11:00 a.m., 7-
days a week, with a limitation that no alcoholic beverages are
served during this time. The hours for alcoholic service, in
conjunction with the required food service, would be limited to
11:00 a.m. through 12:00 p.m. (midnight), Sunday through Thursday
and 11:00 a.m. through 2:00 a.m., Friday and Saturday. The
property is located at 1403 Encinal Avenue. Applicant /Appellant:
Nick B. Zigenis; and
(03 -260A) Resolution No. 13596, "Amending the Planning Board's
Approval of Use Permit UP02 -0043 to Legalize the Operation of a
Tavern and the Expansion of the Hours of Operation at 1403 Encinal
Avenue." Adopted.
The Planner II gave a brief oral report.
Mayor Johnson requested clarification on the food service issue;
stated the report indicates that over 500 of receipts would have be
from food.
The Planner II stated the ABC license 47 has a section which
requires substantial food service; the general policy of the local
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June 3, 2003
ABC states substantial food service is based upon at least 50% food
service; however, less than 50% is acceptable; ABC would take
direction from the City, if a lower percent, such as 400 or 300, is
acceptable.
Mayor Johnson inquired whether 50% is a guideline and is not an
absolute requirement, to which the Planner II responded in the
affirmative.
Mayor Johnson inquired whether there is a commercial kitchen.
The Planner II responded there is a commercial kitchen that is
small and limited; the Health Department noted that there is
limited capacity for food service in the current kitchen.
Mayor Johnson requested clarification on the ventilation issue;
inquired whether closure of windows was required.
The Planner II responded the City required a serve through window
to the patio be closed off.
Vice Mayor Daysog inquired whether the 1996 ABC license for O'Ryans
was for a cocktail lounge, rather than a tavern.
The Planner II responded a 48 license is listed as a bar /nightclub.
Vice Mayor Daysog inquired whether O'Ryans closed at 12:00 p.m., to
which the Planner II responded O'Ryans use permit application
indicated that the business was closing at 1:00 a.m. seven days a
week.
Vice Mayor Daysog stated O'Ryans was prohibited from using the
outdoor patio in 1999; inquired when the City learned about the
hours of operation.
The Planner II stated staff first learned about the hours of
operation in O'Ryans use permit application in May, 1999; staff did
not receive a copy of O'Ryans ABC license until after the use
permit application was submitted.
Councilmember Kerr stated a communication from the owners of Z's
indicates that the Planning Board cut the hours; the O'Ryans issue
was raised because the owner expanded into the patio without a use
permit; through research, staff discovered the hours that were
permitted through the ABC license; when Z's purchased the business
the permitted hours were from 11:00 a.m. to 12:00 p.m. Sunday
through Thursday and 11:00 a.m. to 1:00 a.m. Friday and Saturday;
the Planning Board approved 37 additional hours per week; the
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June 3, 2003
business is in a C -1 District which permits taverns that serve food
and does not allow bars.
Mayor Johnson inquired whether the business is operating as a
conforming or non - conforming use, to which the Planner II responded
the business is currently operating as a non - conforming use.
Mayor Johnson inquired whether operating as a tavern would be a
conforming use, to which the Planner II responded in the
affirmative.
Councilmember Matarrese inquired whether the hours were comparable
to other businesses in similar districts.
The Planner II responded a comparison was not completed; review is
on a case -by -case basis.
Councilmember DeWitt inquired whether the Planning Board addressed
the change in the ABC license, to which the Planner II responded in
the affirmative.
Councilmember DeWitt inquired the reason for changing to the 47
license.
The Planner II responded to require food service, which is a
requirement of a tavern use.
Councilmember DeWitt inquired whether a 47 license was required to
permit food service from 6:00 a.m. to 11:00 a.m., to which the
Planner II responded in the negative.
Mayor Johnson opened the Public Hearing.
Proponents (In favor of appeal): Nick Zigenis, Applicant/
Appellant; Vincent San Nicolas, Alameda; Woody Minor, Alameda;
Michael Tarelka, Alameda; Louis Manges, Alameda; Douglas Haines,
Alameda; Kelly Kearney, Alameda; Kevin Kearney, City Auditor;
Gordon Dupree, Alameda; Chuck Schneider, Alameda; Ray Mazur,
Alameda; Sam Castaneda, Alameda; Nicholas Derdevanis, Alameda;
Charles Reynolds, Alameda; Craig Pruitt, Alameda; Brett Collins,
Alameda; Mike Lucas, Alameda; Tracy Miller, Bay Area Beverage Co.;
John Murray, Scobies Sports Bar and Grill; Cheryl Ramirez, Alameda;
Andrew Park, Alameda; Michael Anderson; Sandy Andrews; Joseph
Hansen, Alameda; Mary Gomez; Diane Sommers; Diane Sandy; Sanford
Rixey, Alameda; W. Graham Clatyor, Alameda; Sam Lavanaway, Alameda;
Chris Chambers; and Neelma Sandhu.
Opponents (Not in favor of appeal): Gordon Newell, Alameda; Tracy
Manio, Alameda; Jay Taylor, Alameda; Chelsea Taylor, Alameda;
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Randall Miller, Alameda; and Rose Ryan, Alameda.
Following the comments of Nick Zigenis, Applicant /Appellant, Mayor
Johnson inquired whether there is a commercial kitchen.
Mr. Zigenis stated the County Health Department license status
reads: "The business is licensed and in good standing with the
County Health Department as a cocktail lounge for the limited on-
site preparation of food, i.e. appetizers, etc., because the
preparation of appetizers is so limited the Health Department
recognizes the use of the kitchen but excludes the business from
being defined as a restaurant;" the 47 ABC license is for a
restaurant.
Mayor Johnson inquired whether the kitchen meets the requirements
of a 47 license, to which Mr. Zigenis responded in the negative.
Mayor Johnson requested Mr. Zigenis to address the issue of
ventilation in the kitchen.
Mr. Zigenis stated the City informed him a court injunction
required the door and window be closed off; however, his attorney
does not believe the court injunction includes said requirement.
Mayor Johnson inquired whether a commercial kitchen could be
operated with the door and window closed, to which Mr. Zigenis
responded in the negative.
The City Attorney stated that she could provide a copy of the
injunction to Mr. Zigenis; the injunction is directed against the
former tenant and the current [property] owner, which makes it
applicable.
Mr. Zigenis stated that he has a copy, but he questions where the
injunction states that the window and door must be shut.
Councilmember DeWitt inquired what food service would be provided.
Mr. Zigenis responded four appetizers, several desserts and coffee
are offered; when the window was open, sandwiches and salads were
served.
Mayor Johnson inquired how increased food service could be required
when window closure prohibits ventilation.
The Planner II responded once the use is permitted, the owner could
make necessary changes to meet the food requirement, such as
install ventilation hoods.
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Mayor Johnson inquired whether the use could continue as non-
conforming.
The Planner II responded the non - conforming use does not allow any
expansion or structural alteration; stated the windows, which were
put in without a permit, accounted for a structural alteration of a
non - conforming use.
Councilmember Matarrese inquired what lead to requiring the
injunction.
Councilmember Kerr stated the problem was that O'Ryans expanded
their business onto the patio and the noise disturbed the
neighbors.
Councilmember Kerr inquired whether the use permit would allow use
of the patio, to which the Planner II responded in the negative.
Councilmember Kerr inquired whether there are other ways to
ventilate the kitchen, to which the Planner II responded in the
affirmative.
There being no further speakers, Mayor Johnson closed the public
portion of the Hearing.
Councilmember Matarrese stated planning should not be done on a
case -by -case basis; there should be set regulations for zones;
limitations go with the property; the Council should address what
would happen if the business is sold; inquired whether tavern
status requires 50% food service.
The Planner II responded the City does require 50% food service;
the level of food service is not defined in the City Code; ABC has
• slightly different definition of tavern and describes the use as
• facility that has a substantial element of food service; ABC's
policy is 50% food service, but the policy is flexible.
Mayor Johnson inquired whether food service is permitted under the
current 48 ABC license, to which the Planner II responded in the
affirmative.
Councilmember Kerr inquired the difference between 47 and 48
licenses.
The Planner II stated the 47 license serves alcoholic beverages,
but has a substantial food provision; the 48 license is a nightclub
and food service is not necessary, but is not excluded.
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June 3, 2003
Councilmember Kerr inquired whether the City could make the owners
serve food under the 48 license.
The Planner II responded the City can require food service through
the use permit process.
The Development Review Manager stated there is a definition of
tavern in the Zoning Ordinance; the City requires a commercial
kitchen in a tavern; the City does not regulate how much food must
be served; the use permit can determine the amount of food sales.
Councilmember Kerr inquired whether bars are prohibited in C -1
zones, to which the Planner II responded in the affirmative.
Mayor Johnson noted non - permitted uses were in existence prior to
the establishment of the Zoning Code; inquired whether the
Applicant is requesting the business be open from 6:00 a.m. to 2:00
a.m.
The Planner II responded the original request was to be open from
6:00 a.m. to 2:00 a.m. seven days a week.
Vice Mayor Daysog inquired whether the use from 6:00 a.m. to 11:00
a.m. would be for something other than a bar, to which the Planner
II responded in the affirmative.
Vice Mayor Daysog stated that he questions whether the
grandfathered hours from O'Ryans should be based upon the 1996 ABC
license or the hours disclosed to staff in 1999.
Mayor Johnson inquired whether there is a way to limit the use
permit to the current business owners.
The City Attorney stated the term of the use permit could be
limited, e.g. one -year renewable terms, which would allow Council
to evaluate the number of complaints.
Mayor Johnson inquired whether the use permit could go with current
owner; inquired whether the City could require the new owner to
apply for a new use permit if the business is sold.
The City Attorney responded the agreement would have to be that the
tenant [Nick Zigenis] would have to request a termination of the
use permit.
Mayor Johnson inquired whether the use permit would be issued to
the tenant or the property owner, to which the City Attorney
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responded the tenant is the applicant.
Mayor Johnson inquired whether the agreement [to request
termination of use permit] would have to be with the tenant [Nick
Zigenis], to which the City Attorney responded the tenant, with the
consent of the property owner.
The City Attorney stated the [property] owners must consent to a
term of revocation, which cannot be required because it is not in
the Municipal Code; both the [property] owner and applicant [Nick
Zigenis] must consent to waive any right to object to revocation of
the use permit by the Planning Board in the event of a transfer
from the grantee [Nick Zigenis] to another person; further stated
it is not a site agreement; in the agreement, with their [property
owner and Nick Zigenis's] consent, a revocation proceeding would
have to be held before the Planning Board; as part of the use
permit, a separately signed [agreement] would indicate that they
[property owner and Nick Zigenis] would not contest a revocation of
the permit by the Planning Board and the City in the event of a
transfer from the grantee [Nick Zigenis] to another [business]
owner.
The City Attorney suggested that Council speak with the tenants
[Nick Zigenis] tonight; stated it [use permit approval] could be
subject to obtaining the voluntary concurrence of the [property]
owner; if the business owners [Nick Zigenis] represent that the
[property] owner's consent is likely to be forthcoming, Council
could make the decision tonight, assuming that the City will get
that [property owner's concurrence]; if not, [Council could] direct
that it [the matter] be brought back; otherwise, [Council could]
close the public hearing, hold it [the matter] over for two weeks
and make a decision then.
Councilmember DeWitt inquired why the City is requesting the ABC
license change.
The Development Review Manager responded generally, the City has
not imposed said condition on similar permits; however, given the
history of the business, the injunction against the property owner
and the repeated complaints from neighbors, staff tried to impose
as many conditions to clarify the City's intent to the present and
future owners; staff tried to find an ABC permit that matches the
use; Council does not have to impose said condition; the business
owner can sell food under the current license; staff was trying to
match the conditions with the use.
Vice Mayor Daysog noted that the City's general rules do not
dictate the form and substance of a business; stated that he
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11
supports the suggestion [revocation of permit].
Councilmember Matarrese stated the noise issue would be worse if a
less contentious owner were operating the business; trying to
maneuver the property owner and lessee [Nick Zigenis] seems overly
complicated; that he would recommend a specific time period [for
the use permit].
Mayor Johnson stated that she would support both bringing the
matter back periodically and having an agreement to waive the right
to object to a revocation proceeding in the event of a transfer of
business owner.
Councilmember Kerr noted Z's has remained opened until 2:00 a.m. in
spite of the current requirement to close at 12:00 a.m.
The Planner II stated notice [regarding 12:00 a.m. closure] was
sent to Z's in November and the business has remained opened past
the permitted hours.
Vice Mayor Daysog stated that he questions the legitimacy of
requiring Z's to close at 12:00 a.m.
Mayor Johnson stated the historic hours of operation would be
relevant if the business were to continue to operate as a non-
conforming use.
Councilmember Kerr stated O'Ryans illegal hours of operation should
not be grandfathered; noted staff thoroughly studied the historic
hours.
Mayor Johnson noted the historic non - conforming use hours are
separate from the use permit issue.
Councilmember Kerr stated the property owner knew the proper hours;
if the property owner did not inform Z's of the proper hours, the
City cannot be blamed.
Councilmember DeWitt stated the Council should decide the hours.
Councilmember DeWitt stated that he supports [moved approval of]
increasing the hours and not requiring the business to change the
ABC license.
Vice Mayor Daysog inquired the specific hours Councilmember DeWitt
is proposing.
Councilmember DeWitt stated that he would support allowing the bar
to remain open until 2:00 a.m. for a five -month period.
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Councilmember Kerr noted that she has not seen a trial use permit
revoked.
Vice Mayor Daysog seconded the motion.
Under discussion, Vice Mayor Daysog stated neighborhood shopping
centers should be supported.
Mayor Johnson inquired whether the motion was to continue the non-
conforming use or approve the use permit; inquired whether the
matter could be resolved tonight.
The Development Review Manager responded Council would be granting
a use permit with conditions to make the business a legal tavern in
the district.
Mayor Johnson inquired whether the business would qualify as a
tavern.
The Development Review Manager responded food is being served; the
question is whether just snacks or items of substance will be
required.
Mayor Johnson stated granting the use permit should not force the
business to spend an extensive amount of money to make the kitchen
commercial.
The Development Review Manager inquired whether Council was
proposing to grant a use permit for a tavern, with a condition that
there would be a review in five months; stated the review could
include possible changes in hours of operation; during the five -
month period, the type of food served can be monitored.
Mayor Johnson inquired whether the non - conforming use should
continue in order to eliminate the need for a commercial kitchen.
The Development Review Manager stated the Code does not define how
much of the business has to be food service for a tavern.
The City Attorney stated the commercial kitchen requirement is not
set by the City and is set by the County Health Department; the
business owner has the choice; if the business owners want to apply
for the use permit, they are subjecting themselves to the County
kitchen requirements for the commercial service of food; how much
food service makes a tavern is an entirely different question.
Mayor Johnson inquired whether the business is already subject to
the County Health Department requirements since it serves food.
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The Planner II stated the County Health Department indicated that
the business has a commercial kitchen sufficient for very limited
service of food.
Councilmember DeWitt amended the motion to include the legal
process outlined by the City Attorney to limit the use permit to
the current tenant [consent to waiver of revocation].
The City Attorney clarified that the five -month review period
should be for review by the Planning Board to determine compliance
with the conditions of the use permit and consideration of further
restrictions on the number of hours, additional review periods, and
analysis of food service to determine whether or not it fits within
the classification of tavern as defined in the Municipal Code;
suggested that the use permit waiver requirements be recorded to
put any future purchaser on notice as to the requirement; further
suggested that the motion be subject to the "voluntary" consent of
the tenants [Nick Zigenis] and [property] owner to the waiver of
any subsequent revocation proceedings and consent to said
conditions upon transfer.
Mayor Johnson stated the details should be left to staff; staff
knows Council's intent; other items might need to be added in
drafting the legislation.
Councilmember Matarrese stated the prohibition of bars in the area
[C -1 district] shows the City's intent to prevent a late night
disturbance; the Planning Board tried to be accommodating; that he
would support 2:00 a.m. closure on the weekends; however, during
the week there is a difference between being awakened at 12:00 a.m.
and 2:00 a.m.; that he will not support 2:00 a.m. closure seven
days a week.
Councilmember Kerr stated that should could support the hours
approved by the Planning Board, but she would not support 2:00 a.m.
closure seven days a week.
Mayor Johnson noted that other businesses in similar neighborhoods
might be permitted to remain open until 2:00 a.m.; stated that she
would prefer to have the business close at 1:00 a.m. during the
week and 2:00 a.m. on the weekends for the five -month trial period,
and to eliminate the kitchen requirement.
The Development Review Manager stated the ABC license change was
selected because staff was not convinced that the use would be a
tavern, rather than a bar.
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Mayor Johnson stated a commercial kitchen should not be required
unless the business intends to be a full restaurant.
The City Manager noted context is being provided to allow Council
to make a decision consistent with other uses.
Councilmember DeWitt clarified that the motion is to accept the
Planning Board's recommendation [adoption of resolution Amending
the Planning Board's Approval of Use Permit UP02 -0043 to Legalize
the Operation of a Tavern and the Expansion of the Hours of
Operation at 1403 Encinal Avenue], with the amendment to increase
the hours to 2:00 a.m. closure.
Vice Mayor Daysog inquired whether Councilmember DeWitt would agree
to accept Mayor Johnson's proposed amendment to the motion to have
the business close at 1:00 a.m. Sunday through Thursday.
Mayor Johnson clarified that if things go well for the five -month
trial period, there can be review of expanding the hours to 2:00
a.m.
Councilmember DeWitt concurred with amending the motion
accordingly.
Vice Mayor Daysog seconded the amended motion, with the other items
previously discussed.
Mayor Johnson stated there should be language to ensure that the
approval only applies to the current business owner and that the
Council's intent is not to require a commercial kitchen, while
having the business meet the requirement of a tavern.
The Development Review Manager clarified that the Code requires a
tavern to have commercial kitchen; commercial kitchens can be
different sizes.
On the call for the question, the motion carried by the following
voice vote: Ayes: Councilmembers Daysog, DeWitt and Mayor Johnson
- 3. Noes: Councilmembers Kerr and Matarrese - 2.
The City Manager stated the City Attorney identified several
additional items that need to be incorporated; inquired whether the
Council would like the legislation to return on the Consent
Calendar at the next meeting to ensure everyone understands the
rules or whether Council would prefer to have staff proceed.
Mayor Johnson stated whichever option makes the City Attorney
comfortable.
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The City Attorney stated staff will review the matter; part of the
action includes getting the consent of the [property] owner and the
tenant [Nick Zigenis]; staff can draft the agreement; however, the
matter might take four weeks depending upon their [property owner
and Nick Zigenis] review.
Vice Mayor Daysog inquired when the revised hours would go into
effect.
The City Attorney responded when the conditions of the motion are
satisfied, including the written consent of the [property] owner
and tenant [Nick Zigenis].
(03 -263) Public Hearing to consider a determination relative to
the reconfiguration of the intersection of Maitland Drive and
Harbor Bay Parkway. Continued to July 1, 2003.
ORAL COMMUNICATIONS, NON- AGENDA
None.
COUNCIL COMMUNICATIONS
(03 -264) Vice Mayor Daysog requested a report on the key issues
related to [Developer] Peter Wang's northern waterfront project;
stated that he has seen drawings of the proposed housing, retail
and streets; that he would like to review how the City can work
with Mr. Wang.
The City Manager stated an off agenda report on the matter would be
provided.
(03 -265) Councilmember Matarrese stated the City Council had a
successful, informative workshop with the department heads on the
budget; the budget should continue to be discussed in public;
requested a summary report be provided at the next [regular
Council] meeting; stated the annual budget will also be considered
[at the next meeting] and there will be an opportunity to ask
question about budget projections.
The City Manager stated staff would follow up.
Mayor Johnson noted the budget workshop would be broadcast on
Thursday, June 5 at 7:30 p.m.
Councilmember Kerr noted the Council agendas have not been
scrolling on the cable government channel.
Regular Meeting 16
Alameda City Council
June 3, 2003
(03 -266) Councilmember DeWitt stated the Encinal High School jet
airplane has been returned to its pedestal at the high school.
The City Manager noted that issue is under the jurisdiction of the
Alameda Unified School District, not the Council.
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
regular meeting at 11:39 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Regular Meeting 17
Alameda City Council
June 3, 2003