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2000-05-16 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -MAY 16, 2000- -7:30 P.M. Mayor Appezzato convened the Regular Meeting at 7:46 p.m. ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (00 -236) Proclamation declaring the week of May 14 as "National Preservation Week" in the City of Alameda. Richard Neveln, Alameda, commented on historic preservation in Alameda, including the former Alameda Naval Air Station Building 365. Mayor Appezzato read the Proclamation and presented it to the Planning Director. (00 -237) Proclamation declaring Alameda to be a "Relay for Life Community" on June 10 and 11, 2000. Mayor Appezzato read the Proclamation and presented it to Steve Cohen, AT &T, and Nancy Wonder, former Event Chair. (00 -238) Frank Matarrese, Chair, Economic Development Commission, gave a brief overview of the Economic Development Strategic Plan and Downtown Visioning Processes. (00 -239) Mayor Appezzato announced that he would be out of town for the next five days and Vice Mayor Daysog would be acting Mayor. CONSENT CALENDAR Mayor Appezzato announced that the recommendation authorizing the Mayor to send letters in support and opposition of various Bills [paragraph no. 00 -241]; the recommendation authorizing the Mayor to send a letter to AC Transit [paragraph no. 00 -2421; the recommendation authorizing the Mayor to send a letter to the Regular Meeting Alameda City Council Meeting May, 16 2000 1 Association of Bay Area Governments [paragraph no. 00 -243]; and the recommendation to allocate funds and award contract to Pacific Transit Management Corporation [paragraph no. 00 -245] were removed from the Consent Calender for discussion. Councilmember Johnson moved approval of the remainder of the Consent Calender. 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.] ( *00 -240) Minutes of the Special and Regular City Council Meetings held on May 2, 2000. Approved. (00 -241) Recommendation to authorize the Mayor to send letters in opposition to Assembly Bill 83 (Cities: License Fees), Assembly Bill 1784 (Internet Tax Moratorium), Assembly Bill 2188 (Sales and Use Tax Exemptions: Internet Purchases), Senate Bill 1377 (Sales and Use Tax Exemptions: Internet Purchases), and Assembly Joint Resolution No. 41 (Electronic Commerce); and in support of Assembly Bill 1806 (Freeze on Growth of Property Tax Shift), Assembly Bill 2412 (Sales and Use Taxes), and Senate Bill 1637 (Freeze on Growth of Property Tax Shift). Len Grzanka, Alameda, stated the City Council is urging the legislature to tax the Internet; out of one side of its mouth, Council encourages high -tech companies and wants said companies to move to Alameda; however, out of the other side of its mouth, Council is telling the Legislature to tax high -tech companies and consumers who purchase items on the Internet; questioned whether taxes promote high -tech and Internet commerce. Richard Neveln, Alameda, stated taxing the internet seems similar to the California's creation of the inventory tax; some money was provided to the State and cities, however, many businesses were driven to Nevada; that he opposes taxing the Internet; Internet businesses should be encouraged to come to the City of Alameda and State of California. Vice Mayor Daysog stated the Internet is driving the global economy; in the 1960's, the Defense Department and universities used public funds to create the Internet; the businesses on Internet should give back a little. Councilmember Kerr stated the Internet sales tax does not tax companies, it taxes consumers; cities are beginning to lose sales Regular Meeting Alameda City Council Meeting May, 16 2000 2 tax money; if more commerce occurs on the Internet without sales tax, less money will come to the City; one Bill is the freeze on the shift of property tax; most voters thought Proposition 13 was to control property taxes growth and did not realize it transferred control of property tax distribution to the State; as a result, the City only retains 260 of the property tax collected; the League of California Cities is trying to freeze the amount [of property tax] the State receives; Alameda is losing $3 Million per year due to the property tax shift. Mayor Appezzato stated most Governors, counties and Mayors support the issues under consideration; retail businesses probably support [internet sales tax], because fairness is being sought; retail businesses have to pay sales taxes; items purchased on the Internet should pay the same sales tax as stores. Councilmember Johnson moved approval of the staff recommendation. Councilmember Kerr seconded the motion. Under discussion, Councilmember Johnson stated there are surpluses at the federal- and State levels, however, the local level is struggling to fund operations; cities need to preserve taxes; there is a sense of unfair competition when people can purchase items over the Internet without paying sales tax. On the call for the question, the motion carried by unanimous voice vote - 5. (00 -242) Recommendation to authorize the Mayor to send a letter to AC Transit in support of the Proposed Permanent Extension of Route 50 into Alameda Point. Richard Neveln, Alameda, stated Alameda Point is developing; extension of line 50 to Alameda Point is significant; Alameda will benefit from bus extension. In response to Councilmember Kerr's inquiry regarding directing a bus route along Santa Clara Avenue, the Deputy Public Works Director stated the final proposal has the bus route travel along Lincoln and Pacific Avenues; the matter has been resolved. Councilmember Johnson moved approval of the staff recommendation. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. Regular Meeting Alameda City Council Meeting May, 16 2000 3 (00 -243) Recommendation to authorize the Mayor to send a letter in support of the Association of Bay Area Governments' [ABAG's] revision to the Regional Housing Needs Determination allocation formula. Richard Neveln, Alameda, stated working class housing is needed in the City of Alameda; ABAG's recommendation should be followed. Councilmember Kerr stated people of all incomes should not have to commute to Alameda to work; the City should take responsibility for all income levels. Councilmember DeWitt stated the City is urging ABAG to develop an accurate formula to provide a realistic assignment of housing to each community. Councilmember DeWitt moved approval of the staff recommendation. Councilmember Kerr seconded the motion. Under discussion, Mayor Appezzato stated the City is requesting ABAG to treat Alameda fairly and take into account geographical limitations, e.g. the City is an island, Naval Base closure, population, and jobs created. On the call for the question, the motion carried by unanimous voice vote - 5. ( *00 -244) Recommendation to authorize amendment to Contract between the California Department of Boating and Waterways and the City of Alameda for purchase of one (1) Police Patrol Boat and Trailer. Accepted. (00 -245) Recommendation to allocate funds and award Contract in the amount of $64,500 to Pacific Transit Management Corporation for Development of a Long Range Transit Plan. Richard Neveln, Alameda, stated hiring a consultant to support the activities of the Public Transit Committee is important to developing a Public Transit Element for the City's [General] Plan. Vice Mayor Daysog inquired how the long range transit plan will grow out of the Public Transit Committee. The Deputy Public Works Director responded the Committee will oversee the consultant's work scope; stated the steps are: 1) gather data on existing system; 2) develop data on where the City Regular Meeting Alameda City Council Meeting May, 16 2000 4 sees itself in 15- to 20 years; and 3) evaluate the systems and report back to the Committee with ideas for review, e.g. additional services needed; there will be several workshops; the final product will be included in the General Plan update. Vice Mayor Daysog inquired what the highlights will be, to which the Deputy Public Works Director responded there will be: 1) a proposal for bus services in Alameda with key linkage to BART, ferry services, and major intermodal transportation, e.g. AmTrack Station, U.C. Berkeley; and 2) possibly an Electric vehicle program. Councilmember DeWitt stated the Public Transit Committee was established in June 1999; the Committee's mission was to identify and resolve transit issues and develop a long range transit plan; there are serious challenges for the City, unless transit and traffic are handled better; funds are being requested because the Committee could not develop a plan and study is needed; problems in transportation need to be addressed. Councilmember Kerr stated Alameda is located in an urban area and depends upon public transit; the City should capitalize on the decent transit environment in the East Bay. Councilmember Johnson stated the Public Transit Committee has made progress; if the City is too quiet, it will be ignored. Councilmember Johnson moved approval of the staff recommendation. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote -5. ( *00 -246) Recommendation to authorize the City Manager to award Contract in the amount of $2,244,557 to Granite Construction Company for the Main Street Improvements and Greenway Project, No. P.W. 05- 98 -09. Accepted. ( *00 -247) Recommendation to authorize the City Manager to award Contract in the amount of $185,900 to P & P Construction, Inc., for the Fiscal Year 1999 -2000 Repair of Portland Cement Concrete Sidewalk, Curb, Gutter and Driveway, No. P.W. 01- 00 -02. Accepted. ( *00 -248) Resolution No. 13210, "Authorizing Filing of Application for the National Historic Preservation Fund Subgrant Program." Adopted. ( *00 -249) Resolution No. 13211, "Delaying Congressional Action on Regular Meeting Alameda City Council Meeting May, 16 2000 5 Internet Tax Moratorium." Adopted. ( *00 -250) Resolution No. 13212, "Ordering the Vacation of a Portion of Parcel G Easement and Acceptance of New Electrical Easements within Parcel 2, Parcel Map No. 2542." Adopted. ( *00 -251) Resolution No. 13213, "Preliminarily Approving Annual Report Declaring Intention to Order Levy and Collection of Assessments and Providing for Notice of July 18, 2000 Hearing Thereof - Island City Landscaping and Lighting District 84 -2." Adopted. ( *00 -252) Resolution No. 13214, "Resolution of Intention to Levy an Annual Assessment on the Alameda Business Improvement Area of the City of Alameda for FY 2000 -01; to Modify the Benefit Areas; to Decrease the Boundary; and to Set a Public Hearing for Each Action for June 6, 2000." Adopted. ( *00 -253) Ratified bills in the amount of $ 1,890,096.80. REGULAR AGENDA ITEMS (00 -254) Public Hearing to consider an Appeal of the Planning Board decision denying Major Design Review, DR -99 -109 for the construction of a Wienerschnitzel fast food restaurant and a secondary commercial building, Use Permit, UP- 99 -45, to allow a drive - through window and outdoor dining, and Variance, V- 00 -04, to permit one driveway to be 22 -feet wide where 20 -feet is the maximum permitted driveway width. The site is located at 1700 Webster Street, within the C -M, Commercial Manufacturing Zoning District. Applicant /Appellant: John Ng for Bayview Investment Group, Inc.; and (00 -254A) Adoption of Resolution Denying the Appeal of John Ng for Bayview Investment Group, Inc. and Upholding the Planning Board's Denial of Major Design Review, DR -99 -109, for the Construction of a Wienerschnitzel Restaurant and a Secondary Commercial Building, Denying Use Permit, UP- 99 -45, for Unenclosed Dining and a Drive - Through Window, and Denying Variance, V- 00 -04, to Permit One Driveway in Excess of Twenty -Feet in Width, at 1700 Webster Street. NOT ADOPTED. (00 -254B) Resolution No. 13215, "Approving the Appeal of John Ng for Bayview Investment Group, Inc., and Overturning the Planning Board's: Denial of Major Design Review, DR -00 -109, for the Construction of a Wienerschnitzel Restaurant and a Secondary Commercial Building, Denial of Use Permit, 99 -45, for Unenclosed Regular Meeting Alameda City Council Meeting May, 16 2000 6 Dining and a Drive - Through Window, and Denial of Variance, to Permit One Driveway in Excess of Twenty Feet in Width, at 1700 Webster Street." Adopted. Mayor Appezzato opened the public portion of the Hearing. Proponents (In favor of project): Ernest Ramirez, Project Architect, Keystone Company; Stephen Abrams, Traffic Engineer, Abrams Associates; Angela Flindt, Alameda; Matina Chiu, Alameda; Elbin Chiu, Bayview Investment Group; Tru Co Chung, Alameda; Leslie Cass and Gail Howell, Double Rainbow; Sis Larkin, Alameda; John Chop, Alameda; Chung Chan, Alameda; Dennis Hui, Alameda; Proponents (In favor of project): Wendy Yang, Alameda; Amy Chiu, Alameda; Kimberley Wong, Alameda; Albert Tsui, Alameda; Alice Teo, Alameda; Deborah Hui, Alameda; Sam Chan, Alameda; Sheila Atkins, Alameda; Sam Koka, Alameda; Carl Searway, Oakland; Len Grzanka, Alameda; Rena Rickles, Bayview Investment Group. Opponents (Not in favor of project): Michael Dugan, Elders Inn; Jim Sweeney, Alameda; Kent Rosenblum, West Alameda Business Association (WABA). Following the Project Traffic Engineer's comments, Councilmember DeWitt inquired whether the proposed gate above the drive - through would effect drivers' sight. Stephen Abrams, Project Traffic Engineer, responded in the affirmative; stated the architect will have to slightly modify the gate to ensure sufficient sight distance. Mr. Ramirez, Project Architect, stated the gate will be placed at the proper location based on the stopping point of the drive- Regular Meeting Alameda City Council Meeting May, 16 2000 7 through. Vice Mayor Daysog inquired whether there was discussion on the building's articulation, e.g. awnings, to which Mr. Ramirez responded the design criteria provided by WABA were used to create the street frontage; specific detail, such as awnings, could be considered. In response to Councilmember Kerr's inquiry whether the parking lot would meet the requirement of one tree per four parking spaces, Mr. Ramirez stated the Applicant will meet or exceed the requirements. Following Rena Rickles' comments, Councilmember Johnson inquired whether the project could go forward without the drive - through, to which Ms. Rickles responded in the negative and stated it would not succeed. There being no further speakers, Mayor Appezzato closed the public portion of the Hearing. Councilmember DeWitt inquired why staff does not support the drive - through. The Development Review Manager responded staff's recommendation not to support the drive - through was based upon General Plan policies and WABA's visioning process; staff did not identify the project as creating a significant traffic circulation problem; the circulation issues regarding the drive - through were raised because cars would exit across a sidewalk which should be pedestrian oriented. Councilmember Kerr stated there have been changes in the project over time; the patio will attract pedestrians; the plain facade will allow flexibility in the future; the building could undergo a change of use; the structure would be able to accommodate changes on Webster Street and could end up retail; Double Rainbow is well regarded; the immediate neighbors support the project. Vice Mayor Daysog stated the Applicants have worked hard and have successfully designed the building; surrounding uses will benefit; the project should be encouraged; the flexible nature of the project is important. Councilmember Johnson stated the project will be an attractive addition to Webster Street; WABA supports the project except for the drive - through; the drive - through can easily be converted to a non - drive - through facility; the project will bring people to Webster Street. Regular Meeting Alameda City Council Meeting May, 16 2000 8 Councilmember Johnson moved approval of the project. Councilmember DeWitt stated the project is transitional; the drive - through is as attractive as possible. Councilmember DeWitt seconded the motion. Under discussion, the Development Review Manager stated a Resolution approving the project was provided to Council, however, there are several conditions which need to be revised based on the discussion tonight. Mayor Appezzato stated there is a gas station 60 feet away from the proposed project; the business will fold if Alamedans do not support the project; entrepreneurs should not be turned down; that he will support the motion and the second; requested the Development Review Manager to clarify conditions. The Development Review Manager stated the Resolution approves the land use for a drive - through restaurant and a commercial building on the corner; the Conditions [of the Resolution] should be amended as follows: 1) page 6, Condition l.a should be modified to reference the May 12, 2000 letter from the Applicant regarding the type of sound device proposed to control the level of noise from the speaker box at the drive - through; 2) page 7, Condition c.3, add reference should be added to the minimum standard of one tree per four [parking] spaces; and 3) page 7, Condition d, should be revised to state: "the facade shall be minimized and /or adjusted;" also, page 7, Condition 3, reads: "the hours of operation for all uses on this site shall be limited to the hours from 7:00 a.m. to 10:00 p.m. seven days a week;" the applicant requested the drive - through be opened until 1:00 a.m.; the matter should be clarified with the Applicant. Vice Mayor Daysog inquired about the addition of awnings. The Development Review Manager stated page 7, Condition c, a reference could be added about inclusion of awnings along the front elevation. Mayor Appezzato requested the Applicant to respond to modified Conditions. On behalf of the Applicant, Rena Rickles stated the Applicant accepts the tree addition [page 7, Condition c.3] and facade change [page 7, Condition c]; however, there is a problem, with the hour Regular Meeting Alameda City Council Meeting May, 16 2000 9 limitation [page 7, Condition 3]; people often go to have ice cream after the theater or school performances which end at 10:00 p.m.; the original hours requested could be subject to Council review in six months, if there are problems. Mayor Appezzato inquired what hours other drive - through restaurants are open, to which Mr. Ng, the Applicant, responded Jack in the Box is 24- hours; Burger King is open until 1:00 a.m. Ms. Rickles stated there was a proposal to increase the building size from 1199 to 1350 to allow the Double Rainbow to have a more substantial presence and have a cafe; requested the size change be included. The Planning Director responded Condition l.b provides four remedies for the proposed project not meeting parking requirements [in order to accommodate larger building]: 1) reduction of building size, 2) a Variance, 3) payment of in -lieu fees, or 4) reconfiguration of parking. Ms. Rickles stated the Applicant would opt for in -lieu fees; inquired whether the matter could be resolved tonight. The Planning Director responded the matter has not been noticed; and requires a public hearing; stated the City has not received an application for in -lieu fees. Ms. Rickles requested page 8, Condition 6 [cooking exhaust order reduction scrubber], should be changed to industrial, state- of -the- art or only require approval from the County Health Department, not the Planning Director. Ms. Rickles inquired whether hours of operation could be determined by Council tonight. Councilmember Johnson stated that she does not have a problem with revising the hours to match similar facilities on Webster Street; that she would amend her motion; inquired whether the Applicant would accept 1:00 a.m. Ms. Rickles responded in the affirmative. Mayor Appezzato inquired how many of the issues could be legally resolved tonight, to which the City Attorney responded the issues are limited by the Council's discretion and patience each item could be reviewed with testimony from staff. Regular Meeting Alameda City Council Meeting May, 16 2000 10 Councilmember Johnson stated that she would amend her motion to include page 6, Condition l.a, referencing the letter from the Applicant; inquired whether there was objection from the Applicant. Ms. Rickles responded that the Applicants did not object. Councilmember Johnson inquired whether there was objection to page 7, Item c.3, proposed amendment regarding trees, to which Ms. Rickles responded in the negative. Councilmember Johnson inquired whether the language on [page 7] Condition 3.d "or adjusted" was acceptable. Ms. Rickles responded there was no problem with said amendment. In response to Councilmembers Johnson's inquiry regarding [desired] hours of operation, Ms. Rickles stated 7:00 a.m. to 1:00 a.m. Mayor Appezzato inquired whether the Applicant wanted the odor matter [Page 8, Condition 6] to be revised. Ms. Rickles requested to strike the language: "the matter be satisfactory to the Planning Director ", and only require conformance with the County Health Department's requirements. Mayor Appezzato inquired whether staff would approve said change. The Planning Director responded the change would not necessarily provide state -of- the -art [odor removal] with respect to scrubbing odors from the fastfood restaurant exhaust; County Health regulations provide a great deal of protection, but do not require state -of- the -art for odor removal. Ms. Rickles stated the Applicant will provide state -of- the -art, however, the concern is that approval from the Planning Department will take a long time. The City Attorney clarified the state -of- the -art condition is proposed [by staff]. Ms. Rickles stated the Applicant would accept the condition as is. Ms. Rickles inquired whether the square footage could be resolved. The Planning Director stated Ms. Rickles is requesting the building size be addressed without addressing the deficiency in parking; said deficiency requires one of four remedies outlined in the Regular Meeting Alameda City Council Meeting May, 16 2000 1 1 conditions of approval [condition l.b]. The City Attorney stated the Applicant is requesting approval of a reduced number of [parking] spaces, less than required by the [Alameda Municipal] Code, which creates a need for a remedy; Council is approving two less parking spaces; the Applicant can choose one of four remedies which do not require Council action. Councilmember Johnson inquired whether the remedy of in -lieu fees must return to the Planning Board, to which the Planning Director responded in the affirmative. Councilmember DeWitt inquired whether the Applicant would be precluded from starting construction while addressing the in -lieu fee matter. The Planning Director stated the Applicant could proceed knowing that the project is a certainty; building demolition and site preparation could begin; it would not be prudent to start construction or issue drawings because the smaller footprint would have to be used until the matter is resolved. Mr. Ramirez, Project Architect, stated that he thought in -lieu fees could be paid without requiring Planning Board approval. The City Attorney stated the Alameda Municipal Code requires that the matter go through the Planning Board process. Mr. Ramirez stated the Applicant would accept the options. Mayor Appezzato inquired whether the motion and all amendments were acceptable. Councilmember DeWitt seconded the motion, including amendments. Under discussion, Councilmember Kerr inquired whether the amendments included the awnings, to which Councilmember Johnson responded in the affirmative. Vice Mayor Daysog inquired whether Planning staff would review the awnings. Councilmember Johnson stated she would amend her motion to include awnings, subject to the approval of the Planning Director. Councilmember DeWitt seconded the amended motion, which carried by the following voice vote - 5. Regular Meeting Alameda City Council Meeting May, 16 2000 12 Mayor Appezzato called a recess at 10:26 p.m. and reconvened the Regular Council Meeting at 10:45 p.m. (00 -255) Public Hearing to consider a proposed Rezoning of the property at 43 County Road from R -1, One Family Residence District to R -1 -PD, One Family, Planned Development Combining District. Applicant: Mark Wommack for Alan Lau; and (00 -255A) Introduction of Ordinance Reclassifying and Rezoning a Certain Property within the City of Alameda from R -1 (One Family Residence District) to R -1 -PD (One Family, Planned Development Combining District) Located at 43 County Road. Introduced. Mayor Appezzato opened the public portion of the Hearing. Proponent: Mark Wommack, Project Architect, Architectural Edge. Opponent: Dom Dicolen, Alameda. There being no further speakers, Mayor Appezzato closed the public portion of the Hearing. Mayor Appezzato inquired whether Variances for parking were required for the project, to which the Development Review Manager responded each residence will have a two car garage and four additional guest parking spaces will be provided. In response to Vice Mayor Daysog's inquiry on how many rooms the two -story dwelling units would contain, the Development Review Manager stated each has four bedrooms. Vice Mayor Daysog inquired whether the lots would be sold separately, to which the Development Review Manager responded in the affirmative. Vice Mayor Daysog stated if an inclusionary ordinance were in place for developments of five or more units, one of the units would be required to be set aside as affordable; inquired whether setting aside a unit was discussed [with developer]. The Planning Director responded the City has chosen to address affordable housing issues by focusing on commercial development, Regular Meeting Alameda City Council Meeting May, 16 2000 13 which generates the jobs creating demand for housing; in the late 1980's the City adopted affordable housing responsibilities which attach an inclusionary fee or housing fee to commercial development; the City has not looked at placing an inclusionary or affordable requirement on residential development. Vice Mayor Daysog stated the idea is gaining momentum; the question is whether the matter was explored with the property owner. The Planning Director responded in the negative. Councilmember Kerr stated Heritage Bay has a problem with residents using guest parking spaces; the Bruzzone development has two car garages with short driveways and narrow streets; people park in the driveways hanging out into the sidewalk and street; with people parking on the street and in the driveways hanging out into the street, a fire truck could not get through, which is a safety hazard; it is not unusual to expect more than two cars per family; inquired whether there is room for an additional parking space. The Development Review Manager stated a Condition imposed by the Planning Board was that the home on lot 2 be relocated; there would be space available to accommodate an extra parking space if Council so desires. Councilmember DeWitt stated the Planning Board reviewed the matter; parking is a problem in most parts of the City; parking permits might be a solution; property owners should address parking; that he supports the Planning Board's recommendation. Mayor Appezzato stated Homeowners Associations have recourse to people abusing the Planned Development [parking]. Councilmember DeWitt moved approval of the staff recommendation. Councilmember Johnson seconded the motion. Under discussion, Councilmember Johnson stated the lot sizes are larger than most Planned Development lot sizes; many homes in Alameda only have one off - street parking place. Mayor Appezzato inquired whether the motion could be amended to add encouraging the creation of an additional parking space, if possible. Councilmember DeWitt agreed to amend the motion; stated if there is a method of providing more parking and the owner is willing to Regular Meeting Alameda City Council Meeting May, 16 2000 14 pursue the matter, it would be fine. Vice Mayor Daysog stated literature on different affordable housing programs in Alameda should be provided to the developer of the site. On the call for the question, the motion carried by unanimous voice vote - 5. (00 -256) Public Hearing to consider extension of an Interim Urgency Ordinance: Ordinance No. 2831, "Extending a Moratorium on Certain Permitted and Conditionally Permitted Uses in C -2 and C -M Zoning Districts within the Park Street and Webster Street Business Areas." Adopted. Mayor Appezzato opened the public portion of the Hearing. Opponents: Todd Paradis, ARCO Products Company; and Carl Searway, Oakland. There being no further speakers, Mayor Appezzato closed the public portion of the Hearing. Councilmember Kerr moved adoption of the Interim Urgency Ordinance. Councilmember DeWitt seconded the motion. Under discussion, Councilmember DeWitt stated Mr. Searway indicated that he was not noticed about the matter; this is the second time the matter is before Council; requested staff to address matter. The Planning Director stated the Ordinance is extension of a moratorium; there was extensive notification provided when the matter was previously before Council; extensive noticing was not completed because when the Council considered the matter, it was clear an extension would be considered within 45 days. In response to Councilmember DeWitt's inquiry regarding the length of the extension, the Planning Director stated the moratorium would be extended to January 2001; new classifications within the C -2 and C -M Zoning Districts should be presented to Council this fall. On the call for the question, the motion carried by unanimous voice vote - 5. (00 -257) Transmittal of Capital Improvement Program (CIP) Priority Determination Report dated April 24, 2000. Regular Meeting Alameda City Council Meeting May, 16 2000 15 In response to Mayor Appezzato's inquiry whether CIPs would be considered next month, the City Manager stated staff will present CIPs at Budget Work Sessions. Councilmember Kerr stated the Carnegie [building] CIP was funded in 1996, however, it was not looked at closely until recently; emergency issues, e.g. health and safety, should be prioritized; however, there should be a point system for age; most people believe CIPs are first in, first out; when the matter returns to Council, there should be a method to ensure projects do not fall between the cracks due to continually being rated lower than other projects; there should be a way to ensure all CIPs move along; said matter should be discussed at the Budget Hearings. Mayor Appezzato stated Councilmembers are the decision makers. Councilmember Kerr stated Council makes funding decisions; even if Council approves funding, projects might not be built for many years, e.g. the Carnegie was funded in 1996 and was only recently examined for feasibility and cost; other projects are moving slowly; projects funded by previous Councils need to be kept moving. Councilmember Johnson stated the priority selection presented by the Public Works Director is a good way to weigh CIPs, rather than a random system; age could be a factor; however, items on the list for a long time might not be a top priority. Councilmember Kerr stated that she was addressing projects which have been funded and need to be constructed; when the system effectively overrides past Council's decisions, it overrides Council's policies; the system should not prevent any project from ever being completed. The City Manager stated staff would review the matter during the Budget Hearings; due to the lateness of the hour, tonight the discussion is not particularly appropriate; that he had indicated to Councilmember Kerr why the process has changed; the process respects all the community's interests. Councilmember DeWitt moved acceptance of the staff report and that the matter be addressed at the Budget Work Sessions. Councilmember Johnson seconded the motion which carried by the following voice vote: Ayes: Councilmembers Daysog, DeWitt, Johnson, and Mayor Appezzato - 4. No: Councilmember Kerr - 1. Regular Meeting Alameda City Council Meeting May, 16 2000 16 Councilmember Kerr stated that she was opposed because direction to consider the age of a project should be provided to staff. (00 -258) Written Communication from the Law Offices of Daniel F. Reidy, on behalf of Harbor Bay and Covance Research Products, Inc., recommending an Alameda Municipal Code Amendment to allow Research Laboratories to use pigs for research purposes. Len Grzanka, Alameda, stated that he opposes animal cruelty, however, the appropriate change to the Animal Control Ordinance, to allow biotechnology to operate in Alameda, is in order; one of his close friends will receive a heart valve from a pig; when he was on the committee which revised the Animal Control Ordinance a few years ago, he argued against the pig restrictions to allow people to own potbellied Asian pigs; the Humane Society and Animal Control fought him because it was difficult to get rid of a 300 pound pig left at the shelter; if the Ordinance is revised for biotech companies, individuals should also be permitted to own potbellied pigs as pets; changing the law will show the biotech industry that Alameda is a viable alternative to Emeryville; some biotech companies in Alameda conduct test on live animals and might leave if the Council tightens rules on Animal research; further stated San Francisco and Contra Costa's Codes have better barking ordinances; currently, anyone can file a barking dog complaint as a way to harass a neighbor; San Francisco and Contra Costa require two unrelated persons living in different households within 300 feet of the barking dog's house to request a citation; submitted a copy of San Francisco's law. Bill Garvine, Alameda Power & Telecom (AP &T), stated AP &T has been working to rebuild revenue since Base closure and works with the City's Economic Development Division to pursue economic development activities which will generate significant replacement load growth; Harbor Bay Business Park would generate the most significant amount of load growth and telecommunications revenue in the shortest amount of time; therefore, AP &T supports development projects at Harbor Bay Business Park; further stated that on a personal note, he injured his left eye and through a remarkable procedure, learned at a facility similar to Covance, his vision was completely restored. Dr. Penelope Collins, Covance Research Products, stated Covance Research Products has a state of the art research facility which will support the advancement of minimally invasive approaches to treatment of disease using leading technologies and comparative medicine and will employ approximately 75 people; Covance is Regular Meeting Alameda City Council Meeting May, 16 2000 17 certified by all regulatory agencies in the bio- medical field and complies with all rules and regulations regarding humane care and use of animals in research; amendment of Section 7 -1 of the Animal Control Ordinance is requested to allow for removal of the limit of the number of swine; a positive decision will allow the project to move forward. Councilmember Kerr inquired whether Covance experiments on dogs and cats, to which Dr. Collins responded in the affirmative. Paula McCloskey, Chamber of Commerce, stated the Chamber of Commerce supports amendment to the Ordinance. Dion Griffin, Member, Harbor Bay Architectural Review Committee, stated the design plans for the Covance facility conform to design guidelines for Harbor Bay. Dan Reidy, Attorney representing Covance Research Products and Harbor Bay Business Park, stated the Ordinance was aimed to cut down agricultural uses near homes, not limit research; an exception should be added to the [Municipal] Code to keep from ruling out scientific experiments; if the Code amendment is not made, Covance cannot be located in Alameda. Vice Mayor Daysog moved acceptance of Mr. Reidy's recommendation that the Municipal Code be amended to allow use of pigs for research. Councilmember Johnson seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Daysog, DeWitt, Johnson, and Mayor Appezzato - 4. No: Councilmember Kerr - 1. ORAL COMMUNICATIONS, NON- AGENDA None. COUNCIL COMMUNICATIONS (00 -259) Mayor Appezzato stated that he has been in discussions with Jim Franz of the Alameda Point Collaborative; Mr. Franz indicates that in a year, there may be sufficient space to house the Multi - Cultural Center; the [rent] cost could be less, which will allow the Multi - Cultural Center to have funds for programs; requested staff explore the opportunity. The City Manager responded that he has requested the Community Development Manager and Alameda Point Business and Special Projects Regular Meeting Alameda City Council Meeting May, 16 2000 18 Manager to explore the possibility [of Multi - Cultural Center relocation]. (00 -260) Councilmember Johnson stated removal of the parking meters by the Washington Park tennis courts should be reviewed; inquired why there are meters; stated parking is not allowed on Westline Drive and is a problem for the neighborhood. The City Manager stated a follow -up report would be provided. (00 -261) Councilmember Kerr stated staff has completed the design for the Westline Drive walkway along upper and lower Washington Park; the intersection at 8th and Central Avenue has blocked pedestrian access; there is not a prohibition or an accident history at said intersection; staff should review changing the intersection to a more direct pedestrian, button - controlled intersection because once the walkway is in, pedestrian activity will increase. (00 -262) Councilmember Kerr stated that she worked at a Bike -to- Work Day energizer station; a biker /bus advocate and she discussed that AC Transit bus stops are not painted red; the matter was discussed at the Police Academy Forum and possibly by the Public Transit Committee; the biker /bus advocate could try to organize a committee to paint the curbs; inquired whether red paint could be supplied if the City had free labor. The City Manager stated the City purchases 50- gallon barrels of paint; paint could be supplied. (00 -263) Councilmember Kerr inquired the status of the stop sign at Central Avenue and Willow Street; stated stop signs were approved by the Transportation Advisory Committee; residents would like the signs to be installed. (00 -264) Councilmember Kerr requested the Fire Department to review the Bruzzone Project; stated at times, a fire truck would not be able get through due to the way people park. (00 -265) Vice Mayor Daysog stated the Planning Director indicated the affordable housing fee on commercial developments has not been adjusted for inflation since it was first instituted; requested a report on what the adjusted- for - inflation figure would be, including general inflation and real estate inflation, and comparison of the adjusted -rate figure versus the figure on the books. Regular Meeting Alameda City Council Meeting May, 16 2000 19 The City Manager stated the comprehensive fee schedule is reviewed annually. (00 -266) Councilmember DeWitt stated the shopping center located near the Fruitvale Bridge is practically empty; inquired whether information is available to the public regarding the area. The City Manager stated the matter is scheduled to be discussed in a Closed Session on June 6 or June 20, 2000. ADJOURNMENT (00 -267) There being no further business, Mayor Appezzato adjourned the Regular Meeting at 11:47 p.m. in honor of Ed Trevethan, former Golf Commissioner. Respectfully submitted, Diane B. Felsch, CMC City Clerk Regular Meeting Alameda City Council Meeting May, 16 2000 2 0 The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council Meeting May, 16 2000 2 1