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2000-06-06 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -JUNE 6, 2000- -7:30 P.M. Mayor Appezzato convened the meeting at 7:44 p.m. Vice Mayor Daysog led the Pledge of Allegiance. Reverend Jack Buckley, First Presbyterian Church, gave the invocation. ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. Absent: None. [Note: Mayor Appezzato left the Meeting at 9:15 p.m.] AGENDA CHANGES (00 -288) Mayor Appezzato announced that the Introduction of Ordinance regarding swine [paragraph no. 00 -304] was withdrawn from the Agenda at the request of Daniel Reidy, Esq., on behalf of Covance Research Products, Inc. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (00 -289) Recognition of "Chief Operator Teen Driving Program" CD Album Winners. Police Officer Sean Fernandez and Mayor Appezzato presented Certificates of Recognition to Lincoln Middle School students Daniel Lappa, Louis Pappas and Andrew Sherrer. (00 -290) Presentation to the City Council and Alameda Unified School District by Herb Dow, Chair, Board of Sorrells Pickard Gourmet Peanut Butter. Herb Dow announced that Sorrells Pickard Gourmet Peanut Butter would donate 100 cases of Peanut Butter to the Alameda Unified School District. CONSENT CALENDAR Mayor Appezzato announced that the recommendation to authorize Harbor Bay Maritime to exercise its option to extend the term of the East End Ferry Service Contract [paragraph no. 00 -294] and the Recommendation to allocate Measure B Funds for the Alameda Oakland Ferry Service [paragraph no. 00 -2951 were withdrawn from the Consent Calendar for discussion. Councilmember Kerr moved approval of the remainder of the Consent Calendar. Regular Meeting Alameda City Council 1 June 6, 2000 Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk proceeding the paragraph number.] ( *00 -291) Minutes of the Regular City Council Meeting of May 16, 2000. Approved. ( *00 -292) Recommendation to authorize the Mayor's 25th Annual Fourth of July Parade and Parade Route. Accepted. ( *00 -293) Recommendation to accept Ninth Annual Report on Implementation of the Housing Element. Accepted. (00 -294) Recommendation to authorize Harbor Bay Maritime to exercise its option to extend the term of the East End Ferry Service Contract from July 1, 2000 to June 30, 2001; authorize execution of Agreement for the One Year Extension of Term; and allocate Traffic Improvement Funds for Operating Subsidy. Len Grzanka, Alameda, stated in prior years he reviewed the unaudited proforma financial statements that the ferry companies submitted in relation to requests for taxpayer subsidies; taxpayer money is being awarded to ferry service providers; rather than relying on the proforma statements, complete, audited financial statements should be submitted and made available for public inspection; in lieu, the City Auditor should officially audit the statement before awarding the public subsidy; there should be control over public funds given to a private company. Councilmember Johnson moved approval of the staff recommendation. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 5. (00 -295) Recommendation to allocate Measure B Funds and authorize Amendment to Contract with Blue & Gold Fleet to partially offset Increased Fuel Costs for the Alameda Oakland Ferry Service. Len Grzanka, Alameda, stated his suggestion on the previous agenda item [paragraph no. 00 -2941 was not considered or commented on by Council; requested the ferry companies have proper controls and audits since public monies are given to private companies. Mayor Appezzato stated all mass transit is subsidized; the funding does not come from the General Fund; ridership is up on the East End; to accommodate the West End ferry ridership increase, an additional parking lot had to be built; a substantial amount of Regular Meeting Alameda City Council 2 June 6, 2000 funding comes from Bay Bridge tolls; the Governor has established a Bay Area Task Force to review ferry service; ferry service should increase. Councilmember Johnson stated riders pay their fare share; a one -way ticket is $4.75; ridership cannot be maintained and increased if added costs are passed on to the consumers. Councilmember Johnson moved approval of the staff recommendation. Vice Mayor Daysog seconded the motion. Under discussion, Councilmember Kerr stated the West End ferry service's subsidy is not much more than the subsidy for an A.C. Transit [bus] trip; the West End ferry service provider competition was scrutinized, including economics. Mayor Appezzato inquired the status of the new ferry boat purchase. The City Manager responded an Off Agenda Report would be provided; stated the City is reviewing rebidding; Public Works staff just met with the City's consultants regarding the bids; there should be three good bids. Mayor Appezzato stated A.C. Transit contacted him and the City of Oakland, because it is interested in assuming administration of buses and ferries since bus connections are vital to ferry service; possibly money could be saved on administration; inquired whether the matter could be explored. The City Manager stated staff is meeting with A.C. Transit and the City of Oakland on the issue. Councilmember Kerr stated saving money is a good idea; however, A.C. Transit left Alameda out of a proposed major funding study and might not be the best at managing a service the City has managed quite well. On the call for the question, the motion carried by unanimous voice vote - 5. ( *00 -296) Resolution No. 13222, "Authorizing the City Manager and /or His Authorized Representative to Negotiate in the Open Market Pursuant to Section 3 -15 of the City Charter for Construction of the Officer's Club Building Roof Repair Project, No. P.W. 05- 00 -08." Adopted. ( *00 -297) Resolution No. 13223, "Authorizing the City Manager to Apply for Regional Measure 1 -5o Funds for Both the East End and Regular Meeting Alameda City Council 3 June 6, 2000 Alameda /Oakland Ferry Services for FY 2000 -01 and Enter Into All Agreements Necessary to Secure These Funds." Adopted. ( *00 -298) Resolution No. Complete the 2000) to the Recycling." Block Grant California Adopted. 13224, "Authorizing the City Manager to Process for Block Grant Funds (FY 1999 - Department of Conservation, Division of ( *00 -299) Introduction of Ordinance Approving and Authorizing the Lease of City Owned Property at the Chuck Corica Golf Course (Formerly Occupied by AT &T) to Alameda Power and Telecom. Introduced. ( *00 -300) Ratified bills in the amount of $ 2,076,413.77. REGULAR AGENDA ITEMS (00 -301) Public Hearing to consider an Appeal of a Planning Board Decision Denying Use Permit, UP -99 -32 to allow the conversion of a single- family residence into a law office, Variance, V -99 -20 to allow six conforming parking spaces and two tandem parking spaces, where ten parking spaces are required, and a Minor Design Review for the development of off - street parking. The site is located at 2058 Central Avenue, within an R -5, General Residential Zoning District. Applicant /Appellant: Martha Caron; and (00 -301A) Resolution No. 13225, "Denying the Appeal of Martha Caron and Upholding the Planning Board's Denial of Use Permit, UP- 99 -32, to Convert a Single- Family Residence into a Law Office, Variance, V- 99 -20, to Permit Eight Off- Street Parking Spaces with Two Tandem Parking Spaces, and a Minor Design Review to Create Off- Street Parking at 2058 Central Avenue." Adopted. Mayor Appezzato opened the public portion of the Hearing. Opponents: Dang Nguyen, Alameda; June Williams, Alameda. Proponent: Christopher Hanson, Attorney representing Applicant. There being no further speakers, Mayor Appezzato closed the public portion of the Hearing. Councilmember DeWitt stated his policy has been not to eliminate housing for commercial uses. Councilmember DeWitt moved that the Planning Board's decision be Regular Meeting Alameda City Council 4 June 6, 2000 upheld [adoption of the Resolution]. Councilmember Johnson seconded the motion. Under discussion, Councilmember Johnson stated the [2000] block of Central Avenue has two Bed & Breakfasts and two office uses; there is a higher amount of businesses on the 2100 of Central Avenue; as businesses are allowed to expand into residential neighborhoods, the residential neighborhoods are eventually taken over by businesses; business use should be contained into the area where businesses are concentrated and residential neighborhoods should be preserved. Councilmember Kerr stated the building would not be completely unmodified inside; a wall would be removed; it is not a matter of different use of rooms; there is a myth that residential use only occurs at night; many people work shifts; there could be objections to daytime noise; that she does not support tandem parking for commercial use; residential neighborhoods and the housing stock need protection. Vice Mayor Daysog stated the he supports the Planning Board's decisions. Mayor Appezzato stated that he would support the motion. On the call for the question, the motion carried by unanimous voice vote - 5. (00 -302) Public Hearing to consider Resolution No. 13226, "Confirming the Business Improvement Area Report for FY 2000 -01; Changing Benefit Area "A" to "B" in Address Ranges 1200 -1251 Park Street and 2267 -2499 Lincoln Avenue; Decreasing the Boundary Through Elimination of the 1600 Block of Everett Street; and Levying an Annual Assessment on the Alameda Business Improvement Area of the City of Alameda for FY 2000 -01." Adopted; and (00 -302A) Introduction of Ordinance Amending Alameda Municipal Code by Amending Subsection 6 -7.2 (Area Established; Description) of Section 6 -7 (Regulations for Alameda Business Improvement Area), Article II (Alameda Business Improvement Area) of Chapter VI (Businesses, Occupations and Industries) Changing Benefit Area "A" to "B" in Address Ranges 1200 -1251 Park Street and 2267 -2499 Lincoln Avenue and Decreasing the Boundary Through Elimination of the 1600 Block of Everett Street in the Alameda Business Improvement Area in Fiscal Year 2000 -01. Introduced. Councilmember Kerr stated that she owns property within 2,500 feet of the assessment area to be changed, therefore, she would recuse Regular Meeting Alameda City Council 5 June 6, 2000 herself. [Councilmember Kerr left the dais.] Councilmember Johnson moved approval of the staff recommendation [adoption of the Resolution and introduction of the Ordinance]. Councilmember DeWitt seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Daysog, DeWitt, Johnson and Mayor Appezzato - 4. Abstentions: Councilmember Kerr - 1. [Note: Councilmember Kerr recused herself due to owning property within 2500 feet of the assessment area.] (00 -303) Resolution No. 13227, "Adopting Findings and a Statement of Overriding Considerations, Mitigation Measures, and a Mitigation Monitoring Program for the Conveyance of the Fleet Industrial Supply Center (FISC), Alameda Annex and Facility." Adopted; (00 -303A) Resolution No. 13228, "Adopting Findings Regarding Baseline Physical Conditions for the Environmental Impact Report for the Reuse of Naval Air Station Alameda and the Fleet Industrial Supply Center, Alameda Annex and Facility." Adopted; and (00 -303B) Recommendation to approve the Memorandum of Agreement between the United States Government (Navy) and the City of Alameda for Conveyance of the Fleet Industrial Supply Center. Eve Bach, ARC Ecology and Renewed HOPE, stated there is a real problem with the notice for the Resolution adopting findings and a statement of overriding considerations [Resolution No. 13227]; actions are not limited to conveyance of FISC, rather it involves use of the entire Environmental Impact Report (EIR) and represents a modification of the project of the mitigations and mitigation monitoring plan; the public has been deprived of the opportunities afforded by California Environmental Quality Act, e.g. commenting and timeframes; her comments on findings regarding the Baseline physical conditions [Resolution No. 13228] were ignored until her organizations filed a lawsuit; it appears the City is hoping to cure the problem by passing findings; however, it is too late; it was supposed to happen at the close of the Public Hearing on the findings; there are also factual problems with the findings, which suggest that 1990 was the last year of full [Base] operation because there was the potential for the Base to close; there is a history which suggests there was no more potential for the Base to close then [1990], than there was in 1989; the 1990 date does not fit the facts; inquired why the City Council is making a recommendation to approve the Memorandum of Agreement between the United States Government (Navy) and the City of Alameda for Conveyance of the Fleet Industrial Supply Center; further inquired whether the recommendation is a vehicle for the Resolutions. Regular Meeting Alameda City Council 6 June 6, 2000 Mayor Appezzato inquired whether staff would like to respond to Ms. Bach's question. The City Attorney stated process is followed for all Council actions, in terms of resolutions and ordinances; the findings are appropriate at this point; Ms. Bach is making a technical argument that is not correct; Council should proceed as recommended by staff. Richard Neveln, Alameda, stated public transit should be encouraged and funded; traffic should be reduced; the Resolution on overriding considerations and findings [Resolution No. 13227], should be amended to include funding for public transit; there should be capital funding for shelters and equipment, as well as operational funding, to reduce congestion in the City of Alameda. Vice Mayor Daysog requested a presentation be given at one of the next two Council Meetings to review matters which have been and will be addressed by the [Public] Transit Committee; stated the presentation could be similar to the Economic Development Commission's Visioning Process updates. Councilmember Johnson stated the City has a consultant reviewing issues, such as bus routes and connections between transit systems; the Public Transit Committee could prepare a report within the next several meetings; however, the big - picture issue of transportation throughout the City is being reviewed [by consultant]. Vice Mayor Daysog inquired whether the report could be forwarded as a presentation to the City Council. The City Manager stated staff would prepare an Off Agenda Report on the Public Transit Committee's activities. Vice Mayor Daysog inquired whether there could be a discussion at the Council level. The City Manager suggested the Off Agenda Report be prepared for Council review; then, the matter be placed on an Agenda for public discussion. Vice Mayor Daysog concurred with said suggestion. Councilmember Johnson inquired whether all three matters should be addressed separately, to which the City Manager responded in the affirmative. Development Manager Jeff Bond stated there was testimony at the May Regular Meeting Alameda City Council 7 June 6, 2000 31st Special Meeting from a City of Oakland representative; since said time, Oakland and Alameda have collaborated in a correspondence to the State Department of Transportation [letter dated June 2, 2000 to Tom McDonnell, State of California, Department of Transportation]; staff would like to enter the correspondence into the record for these three Council actions and additional Council actions [paragraph nos. 00 -311, 00 -312, 00 -313, and 00 -314]. Councilmember Johnson moved adoption of the Resolution [No. 13228] Adopting Findings Regarding Baseline Physical Conditions for the Environmental Impact Report for the Reuse of Naval Air Station Alameda and the Fleet Industrial Supply Center, Alameda Annex and Facility [including entering into the record the letter dated June 2, 2000 to Tom McDonnell, State of California, Department of Transportation]. Councilmember DeWitt seconded the motion. Under discussion, Councilmember Kerr stated distinct development plans will be reviewed by the Planning Board; issues raised by the speaker [Mr. Neveln] can be addressed at said time; everyone is interested in public transit; there should be lanes for alternative transit to enable residents to get to the ferry; for example, electric vehicles as small as golf carts could be used to reduce emissions; said matters will be considered in the future; there will be Planning Board Hearings in the future. On the call for the question, the motion carried by unanimous voice vote - 5. Councilmember Johnson moved adoption of the Resolution [No. 13227] Adopting Findings and a Statement of Overriding Considerations, Mitigation Measures, and a Mitigation Monitoring Program for the Conveyance of the Fleet Industrial Supply Center (FISC), Alameda Annex and Facility [including entering into the record the letter dated June 2, 2000 to Tom McDonnell, State of California, Department of Transportation]. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. Councilmember Kerr moved approval of the Memorandum of Agreement between the United States Government (Navy) and the City of Alameda Regular Meeting Alameda City Council 8 June 6, 2000 for Conveyance of the Fleet Industrial Supply Center [including entering into the record the letter dated June 2, 2000 to Tom McDonnell, State of California, Department of Transportation]. Vice Mayor Daysog seconded the motion. Under discussion, Councilmember Kerr stated everyone on the Council has worked on the issue for a long time; she has worked on the matter for seven and a half years. On the call for the question, the motion carried by unanimous voice vote - 5. (00 -304) Introduction of Ordinance Amending the Alameda Municipal Code by Amending Subsection 7 -7.1 (Keeping Swine) of Section 7 -7 (Swine), Chapter VII (Animal Control). Withdrawn. Matter was withdrawn at the request of Daniel Reidy, Esq., on behalf of Covance Research Products, Inc. (See letter dated June 6, 2000) . In order to convene the Special Alameda Reuse and Redevelopment Authority (ARRA) Meeting, the Regular City Council Meeting was recessed at 8:48 p.m. and reconvened at 8:54 p.m. to take Mayor's nominations to various Boards and Commissions out of order. COUNCIL COMMUNICATIONS (00 -305) Consideration of Mayor's nomination for appointment to the Civil Service Board. Mayor Appezzato nominated Jean Gaskill for reappointment to the Civil Service Board. (00 -306) Consideration of Mayor's nomination for appointment to the Historical Advisory Board. [Registered Architect Seat] Mayor Appezzato nominated Scott Brady for reappointment to the Historical Advisory Board. (00 -307) Consideration of Mayor's nominations (2) for appointment to the Housing and Building Code Hearing and Appeals Board. Mayor Appezzato nominated Frederick A. Chew, Jr. and A. Baird Heffron for reappointment to the Housing and Building Code Hearing and Appeals Board. Regular Meeting Alameda City Council 9 June 6, 2000 (00 -308) Consideration of Mayor's nominations (2) for appointment to the Housing Commission. [Member -at -large seats] Mayor Appezzato nominated C. Richard Bartalini and Susan Jeffries for reappointment to the Housing Commission. (00 -309) Consideration of Mayor's nomination for appointment to the Library Board. Held over. Mayor Appezzato announced that he had to leave the Meeting and called a recess at 8:56 p.m. [to reconvene the Special ARRA Meeting]. Vice Mayor Daysog reconvened the Regular Council Meeting at 9:15 p.m. REGULAR AGENDA ITEMS (00 -310) Ordinance No. 2832, "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." Finally passed. Councilmember Kerr moved final passage of the Ordinance. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 4 Ayes. [Absent: Mayor Appezzato - 1.1 (00 -311) Ordinance No. 2833, "Reclassifying and Rezoning Property Located at the Former Alameda Fleet Industrial Supply Center (FISC) and Annex and Naval Air Station (NAS) Alameda East Housing from M- 2-G, General Industrial (Manufacturing) District with a Special Government Combining Overlay (G) and R -4 -G, Neighborhood Residential with a Special Government Combining Overlay (G) to MX, Mixed Use Planned Development District." Finally passed. Councilmember DeWitt moved final passage of the Ordinance. Vice Mayor Daysog inquired whether the letter [dated June 2, 2000 to Tom McDonnell, State of California, Department of Transportation] should be entered into the record. The City Attorney responded in the affirmative. Councilmember DeWitt amended his motion to include [entering into to record] the letter [dated June 2, 2000 to Tom McDonnell, State of California, Department of Transportation]. Regular Meeting Alameda City Council 10 June 6, 2000 Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 4 Ayes. [Absent: Mayor Appezzato - 1.] (00 -312) Ordinance No. 2834, "Approving Master Plan MP -99 -01 for a Mixed Use Development Including Single- Family Residential Office, Research and Development, Open Space, and Limited Retail Uses as well as Sites for Multiple Family Residential and a School, Located Within a Project Area Encompassing Approximately 215 Acres of Land and Water at the Former Alameda FISC and Annex and NAS Alameda East Housing." Finally passed. Jean Sweeney, Alameda, stated MX zoning [regulation] changes were made last January to allow developers to present a Detailed Plan, which would have automatic review by the Planning Board, or present Plan Amendments which would be decided upon by the Planning Director alone and cut out automatic review by the Planning Board; there were assurances this [Catellus] project would go with the traditional Detailed Plan to ensure citizens would be happy with what happens to the site; the Planning Board should not be cut out; citizens should have an opportunity to express views through the Planning Board; there should be a way to prevent the crowded, congested residential plan as it has been presented; it is unacceptable to have zero side- and back yards; there should be public discussion of lot size, trees, walls, and traffic; Public Works has indicated the project will create gridlock in the year 2020; inquired whether the City will be paid for the 5 acre park in the residential area and the 11 acre promenade along the waterfront; whether the City will have to pay for the Tinker Avenue extension; whether the City has to provide land for a school; whether the City has to give a certain percentage of the money to pay for the school; whether the Community Improvement Commission (CIC) will have to pay for infrastructure; where is the profit; and are future tax increments going to make up for all these expenses; stated taxes from housing only pays for 120 of the cost of police and fire protection; inquired whether tax increment can be used to pay for public officials' salaries; stated the CIC, the redevelopment agency in Alameda, has one of the largest staffs in the City which has to be an expense. Councilmember Kerr stated that she discussed the Master Plan documentation at the Special Council Meeting [May 31, 2000]; the Catellus project will require specific development plans to come before the Planning Board; specific sections of the Master Plan refer to detailed Development Plans; zero lot lines are discussed in the Master Plan; it is important to hold Public Hearings; the public's job is not over. Regular Meeting Alameda City Council 1 1 June 6, 2000 Councilmember Johnson stated there is a continuing belief that the Planning Board is left out on MX zoning; requested the Planning Director to describe the Planning Board's role. The Planning Director stated staff presented an [Code] Amendment [to MX Zoning Regulations], which contemplated the use of specific Design Criteria in lieu of specific Building Designs and established delegation of authority to the Planning Director of some or all aspects; the Catellus project used the authority established in the [Code] Amendment to submit detailed design guidelines having to do with lot size and coverage, rather than submitting detailed buildings to allow the design to be filed over time and in response to changing markets; when Catellus presents housing and office building designs in phases, there will be Public Hearings before the Planning Board with right of appeal or call for review to the City Council. Councilmember Johnson stated the Planning Board will not be left out of the process. The Planning Director responded in the affirmative; stated the Planning Board's role has not changed; only design guidelines have been substituted for building designs. Councilmember Kerr stated the amendment on MX zoning allows that the Council decides, at the instigation of MX zoning of an area, whether to delegate designs and most or all of the decision making process to the Planning Director; for the [ Catellus] project, Council did not choose to do so [delegate decision making to the Planning Director]; in future MX zoning, if decisions are delegated to the Planning Director, decisions will appear on an informational list at Planning Board meetings and will not be on the consent calendar; a background report will not be in the packet, unless the public, Planning Board or Council request a report. Councilmember DeWitt moved final passage of the Ordinance including entering into the record the letter [dated June 2, 2000 to Tom McDonnell, State of California, Department of Transportation]. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 4 Ayes. [Absent: Mayor Appezzato - 1.] (00 -313) Ordinance No. 2835, "Amending Ordinance No. 2559, as Amended by Ordinance No. 2681 and Approving and Adopting the Amendment to the Community Improvement Plan for the Business and Waterfront Improvement Project." Finally passed. Councilmember Johnson moved final passage of the Ordinance Regular Meeting Alameda City Council 12 June 6, 2000 including [entering into the record] the letter dated June 2, 2000 [to Tom McDonnell, State of California, Department of Transportation]. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 4 Ayes. [Absent: Mayor Appezzato - 1.] (00 -314) Ordinance No. 2836, "Approving Development Agreement DA- 99-01 for a Mixed Use Development Including Single- Family Residential Office, Research and Development, Open Space, and Limited Retail Uses as well as Sites for Multiple Family Residential and a School, Located Within a Project Area Encompassing Approximately 215 Acres of Land and Water at the Former Alameda FISC and Annex and NAS Alameda East Housing." Finally passed. Councilmember Kerr moved final passage of the Ordinance including [entering into the record] the letter dated June 2, 2000 [to Tom McDonnell, State of California, Department of Transportation]. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 4 Ayes. [Absent: Mayor Appezzato - 1.1 (00 -315) Written Communication from Richard L. Purdy, Commodore, Aeolian Yacht Club, requesting a City initiated rezoning of the Yacht Club at 980 Fernside Boulevard from R -1 (One Family Residence District) to an appropriate zoning which is compatible with the historic use of the site as a yacht club and social club. Richard Purdy, Aeolian Yacht Club, stated that in 1920 and 1940, there were zoning changes which were favorable to the use; in 1958, the [zoning] Code was changed and the Yacht Club was zoned single - family residence; the Club was built in 1908; the Yacht club is facing Americans with Disabilities Act requirements, e.g. the ramp from the parking lot to the front door is too steep and does not comply; there are also seismic considerations; the Yacht Club would like to increase the height of the building by about 30 inches, which would not comply with R -1 zoning; there are six yacht clubs in Alameda and social clubs, such as the Elks Club, which are zoned for compatible uses; the Club is requesting Council to encourage the Planning Board to rezone the Yacht Club to a zoning which is compatible with the historic use of the building; if there was a fire or earthquake and the building were lost, it could not be rebuilt under the current Code; the Club would like the ability to carry on; the Club will spend money to update the Club; requested cooperation from Council to obtain the correct zoning and not be faced with losing the Club. Regular Meeting Alameda City Council 13 June 6, 2000 Councilmember Johnson inquired whether the Yacht Club was constructed before or after the single- family zoning was put in place. Mr. Purdy responded single- family [zoning] was put in place in 1958; the Yacht Club was built in 1908; there were 50 years of zoning compatible to the use. Vice Mayor Daysog stated staff has indicated it needs time to evaluate the request; inquired whether the matter is urgent. Mr. Purdy responded the Club would like to move forward as fast as possible and has hired structural engineers, soil engineers, and is preparing a plan to present to the Building Department; the glitch is the zoning; in 1958, the Club was changed to single- family; the Club did not request the [zoning] change; the Club has been cooperative with the City over the years, e.g. provided land to extend Fernside Boulevard from Encinal Avenue to the [Bay Farm Island] Bridge. Councilmember Kerr stated the Aeolian Yacht Club has been a great institution in the City for a long time; marinas are only allowed in C -2 or C -1 zones which also allows gas stations, car repairs, and other uses which would not be desired in neighborhoods; two yacht clubs in Alameda are zoned MX in conjunction with Marina Village; inquired whether there was a size limitation under said zoning. The Planning Director stated there might be a size requirement; however, Council is considering the Applicant's request to initiate [rezoning] so that the Club does not have to pay for it; the Yacht Club was advised that staff could proceed on an application to rezone the site and a Variance; staff encouraged the Club to apply for Planned Development [zoning] to keep from getting into the issue of zoning it to a district, e.g. R -6 which allows hotels; Mr. Purdy is requesting that Council initiate rezoning so that the Club does not have to bear the cost; the City has other applicants, including non - profits, pay for [rezoning] costs; staff is recommending that the applicant file applications; the matter will be moved forward through the Planning Board Public Hearing as quickly as possible; Council is not considering rezoning, rather Council must decide whether it will initiate the rezoning or allow the Yacht Club to file an application and pay necessary fees. Councilmember Kerr stated the Yacht Club did not build in violation of zoning and did not ask to have R -1 zoning; the City of Alameda changed the zoning; the Club was not responsible [for the zoning change], the City was; the City seems to have responsibility. Regular Meeting Alameda City Council 14 June 6, 2000 Councilmember Johnson stated the Yacht Club was there and the City zoned it R -1 residential; inquired what is the Yacht Club's concern, e.g. cost or time; stated the Club can proceed through the normal application process. Mr. Purdy stated the Yacht Club would like Council to initiate the procedure; inquired why the Club should bear the cost; stated when the City zoned the Club R -1, it was an oversight; it does not seem fair to pass on the cost to the members of the Yacht Club. Councilmember Johnson inquired the fee amount. The Planning Director responded Planned Development overlay is recommended and is one of the least expensive rezonings; there is a $585 fee for rezoning and an $88 categorical exemption fee; there are a significant number of legal non - conforming uses which were created by zoning changes; property owners have been required to bear the cost of rezonings or other remedies; the fee would be the rezoning fee together with Variance fees for height; staff probably can recommend in support of the findings for a Variance. Vice Mayor Daysog inquired whether Council would be setting a precedence. The Planning Director responded in the affirmative; stated the rate of cost recovery is about 350; for every dollar that the Aeolian Yacht Club pays to initiate the rezoning, the citizens -at -large also pay to cover the costs to process the application; under the current fee structure, all applications are deeply subsidized. Councilmember Kerr stated the City put a totally inappropriate zoning [on the Yacht Club] for no particular reason; when an area is built up with factories and a house is left, it is upzoning to a more intensive use; in this [Aeolian Yacht Club] case, the City down -zoned the use; correcting the past problem will cost the City $673, which seems reasonable and fair. Councilmember Kerr moved that Council initiate the least expensive rezoning to correct for the City's past mistake; stated the City should pick up the $673 tab. Councilmember Johnson stated that she is sympathetic to the applicant; however, there are many areas where the zoning does not match the current use; the situation is not unique; the precedent should not be set that the City is responsible for initiating the process, at property owners' request, if the existing use does not match the zoning. Regular Meeting Alameda City Council 15 June 6, 2000 Vice Mayor Daysog stated others have gone through the process and have had to pay. THE MOTION FAILED DUE TO LACK OF A SECOND. Councilmember DeWitt stated the City subsidizes the process; the applicant should pay; taxpayers should not have to pay for the rezone which benefits the applicant. Councilmember DeWitt moved that Council accept the staff recommendation that the property owner make the necessary applications. Councilmember Johnson seconded the motion. Under discussion, Councilmember would move forward as quickly process it. Johnson stated the application as the Planning Department can On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Daysog, DeWitt, and Johnson - 3. Noes: Councilmember Kerr - 1. Absent: Mayor Appezzato - 1. ORAL COMMUNICATIONS, NON- AGENDA (00 -316) Guy Smith, Alameda, stated the Island Paradise Bar on Webster Street has become a public nuisance; there are a number of items on the criminal report from the City of Alameda Police Department database; there have been 29 reports of the Island Paradise disturbing the peace; requested the Council to do whatever possible to control the business; stated if the noise level cannot be brought down, the bar's business license should be revoked. Councilmember DeWitt requested Mr. Smith to contact him regarding the matter. (00 -317) Reyle Gaber, Alameda, stated that she was glad the swine ordinance [paragraph no. 00 -3041 was removed from the agenda; hopefully, the matter will not return; hundreds of Alamedans oppose the animal research lab. (00 -318) Richard Neveln, Alameda, commented on the recent Council actions approving the Catellus project [development of the Fleet Industrial Supply Center and East Housing]; stated housing is needed, especially for the working class; the Catellus process, which included many changes via ordinance, has been pushed forward. Councilmember Johnson stated the Catellus project has been going on Regular Meeting Alameda City Council 16 June 6, 2000 for several years; there were Hearings before many Boards and the City Council; the public had great opportunity for input. (00 -319) Corinne Lambden, Alameda, stated that she brought a video to show what occurs at animal research facilities; Covance breeds and distributes animals for international facilities over which there is no control; encouraged Council to review the video if the matter should arise again. (00 -320) Erinne Lambden, Alameda, stated the [Municipal Code] amendment should not be made to allow Covance to do animal testing in Alameda. (00 -321) Richard Purdy, Aeolian Yacht Club, stated that he did not understand the direction given to the Planning Department regarding rezoning the Yacht Club [paragraph no. 00 -315]. Vice Mayor Daysog stated the direction is for the Yacht Club to go through the regular planning process, subject to fees; the Yacht Club has to choose how it wants to proceed. Councilmember Kerr stated the Yacht Club can choose its path; Mr. Purdy should discuss the matter with the Planning Director. (00 -322) Alvin L. Selk, Alameda, commented that the Covance [Animal Research] project seems to be pushing forward without community notification and involvement. COUNCIL COMMUNICATIONS (00 -323) Councilmember Kerr stated that last fall, with the assistance of staff, she did a survey of affordable housing in the City, including Housing Authority property, Section 8 [housing], and other subsidized property; the survey indicated: 1) one out of every ten and a half dwelling units is subsidized, and 2) one out of six rental units is subsidized; to state that the City is not doing anything for affordable housing is inexcusable. (00 -324) Vice Mayor Daysog stated Out on the Island would like a proclamation for Gay and Lesbian Pride Month; requested staff to review placing the matter on the next Council Agenda. ADJOURNMENT There being no further business, Vice Mayor Daysog adjourned the Regular Meeting at 10:08 p.m. Respectfully submitted, Regular Meeting Alameda City Council 17 June 6, 2000 Diane B. Felsch, CMC City Clerk The Agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council 18 June 6, 2000