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2000-11-08 Adjourned Regular CC MinutesMINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING WEDNESDAY- - NOVEMBER 8, 2000- -7:30 P.M. Mayor Appezzato convened the Adjourned Regular Meeting of the City Council at 7:38 p.m. Vice Mayor Daysog led the Pledge of Allegiance. Reverend Myong Bae Choi, Alameda Korean Presbyterian Church, gave the Invocation. 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 None. CONSENT CALENDAR Councilmember DeWitt moved approval of the Consent Calendar. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *00 -603) Minutes of the Special and Regular City Council Meetings held on October 17, 2000. Approved. ( *00 -604) Recommendation to authorize the establishment of Catellus Project Staff Positions and Senior Management Analyst. Accepted. ( *00 -605) Recommendation to adopt Plans and Specifications and authorize Call for Bids for Annual Sewer Systems Point Repair and Asphalt Concrete Pavement Replacement Project, No. P.W. 09- 00 -12. Accepted. ( *00 -606) Recommendation to authorize the installation of Stop Controls on Encinal Avenue at East Shore Drive. Accepted. ( *00 -607) Resolution No. 13285, "Authorizing Open Market Purchase of a Modular Type III Ambulance for the Fire Department Pursuant to Section 3 -15 of the City Charter; and recommendation to authorize additional funds from the existing Fire Department Equipment Replacement Account." Adopted. Adjourned Regular Meeting Alameda City Council 1 November 8, 2000 ( *00 -608) Resolution No. 13286, "Approving Revised Memorandum of Understanding and Salary Resolution Between the Alameda Police Officers Association and the City of Alameda for the Period Commencing January 1, 2000 and Ending January 5, 2008." Adopted. ( *00 -609) Resolution No. 13287, "Approving Revised Memorandum of Understanding and Salary Resolution between the Alameda Police Managers Association and the City of Alameda for the Period Commencing January 1, 2000 and Ending January 5, 2008." Adopted. ( *00 -610) Ratified bills in the amount of $2,138,864.53. REGULAR AGENDA ITEMS (00 -611) Public Hearing to consider a Zoning Text Amendment, ZTA- 00-02, which would add Subsections 30- 4.13(d)(1)(c) and 30- 4.13(e)(4) to allow the Planning Board to approve uses which the Board finds compatible with uses allowed by the underlying residential zoning district and to establish provisions for height as part of a Planned Development approval; and a related Negative Declaration, IS- 00 -04, and Finding of No Significant Impact pursuant to the California Environmental Quality Act. Applicant: City of Alameda. (In conjunction with Agenda Item No. 5 -B); (00 -611A) IS- 00 -04, California Resolution No. and Finding of Environmental 13288, "Adopting a Negative Declaration, No Significant Impact Pursuant to the Quality Act." Adopted; and (00 -611B) Introduction of Ordinance Amending the Alameda Municipal Code by Amending Subsection 30 -4.13 (PD, Planned Development Combination District) of Chapter XXX (Development Regulations) by Adding Subsection 30 -4.13 (d) (1) (c) and Subsection 30 -4.13 (e) (4) . Introduced. Mayor Appezzato opened the public portion of the Hearing. Opponents: Margie Joyce, Alameda; [Comments read into record by Jean Sweeney] Jean Sweeney, Alameda. There being no further speakers, Mayor Appezzato closed the public portion of the Hearing. Mayor Appezzato inquired whether the City was legally doing the right thing, to which the City Attorney responded in the affirmative. Adjourned Regular Meeting Alameda City Council 2 November 8, 2000 Mayor Appezzato inquired whether the Planning Board heard the matter and voted unanimously to approve the recommendation, to which the City Attorney responded in the affirmative. Councilmember Kerr stated the recommendation makes zoning changes administrative; although matters could be brought to Council on Call for Review, the public would not have the right to referendum as is the case in current zoning changes; inquired whether uses which are normally C -1 would be allowed in residential areas without being subject to referendum. The City Attorney responded in the affirmative; stated the Municipal Code would create the option for an administrative action which is not subject to the referendum process. Councilmember DeWitt inquired the significant changes which would require the referendum process; stated only minor changes to property seem to be permitted, e.g. building heights of 40 feet. The City Attorney stated page 2 of the staff report indicates Uses in Planned Developments which would be permitted [the Planning Board would be able to permit small, neighborhood- serving retail uses, such as corner groceries or coffee shops]; the Municipal Code provides this type of discretion in non - residential uses; the proposed change would allow similar discretion in residential uses; Councilmember Kerr is stating by allowing changes without legislative action would not allow [the public] the opportunity to gather signatures [referendum]. The Planning Director stated as City Attorney indicated, the power exists [to permit the Planning Board to allow uses] when the Planned Development (PD) district is combined with a non- residential use; the proposed change would give said power to residential uses; the Planning Board would have to find a use compatible with the underlying [residential] use; Planning Board decisions could be review by the Council; in theory, offices could be included [in residential PD zones], however, it would have to be of the scale and vocation compatible with residential development. Vice Mayor Daysog stated after a judgement call is made, residents would be precluded from the opportunity to take the actions Councilmember Kerr referred to [referendum]. The Planning Director stated the actions would be quasi - judicial; a majority of the Planning Board would have to be convinced [uses are compatible]; if the matter was controversial, residents could appeal or request a Councilmember to Call for Review; if the Board and Council found a use compatible, the remedy which allows Adjourned Regular Meeting Alameda City Council 3 November 8, 2000 individuals to collect signatures to force a zoning change to be voted on [referendum], would not be available. Councilmember Kerr stated a zoning change would be required to implement a commercial use adjacent to residential; a property owner in a R -1 -PD [Residential/ Planned Development] zone could apply to put in a dry cleaners; traffic from retail uses are big changes to neighborhoods; people should be able to retain the right to referendum; she objects to changing an ordinance to an administrative action; further stated that she supports changing to zoning for the Aeolian Yacht Club, the next agenda item [paragraph no. 00 -612]; that she would object to the establishment of a commercial use, such as a corner grocery or a coffee shop, which would generate traffic; the proposed change impacts R -1 -PD zones throughout the entire City; staff could not make the necessary findings to permit the Aeolian Yacht Club a Variance; however, the City Council can determine whether the necessary findings [for a Variance] can be made; that she can make the following findings: 1) the Aeolian Yacht Club is not being granted special privileges, 2) there are extraordinary circumstances applying to the Aeolian Yacht Club, 3) enforcement of the specified provisions would result in a practical difficulty, and 4) granting of the Variance would not be detrimental to the public welfare. Councilmember Kerr moved that the City Council make the findings [necessary for a Variance], rather than amend the zoning ordinance for the entire City. Mayor Appezzato stated these incidents do not occur very often; the Council would be sensitive to neighborhoods and would not allow something undesirable to occur. Councilmember Johnson inquired whether the Aeolian Yacht Club applied for a Variance. The Planning Director stated staff met with Mr. Purdy, the Aeolian Yacht Club representative; in the Planning Board report, staff included reasons the findings [for a Variance] could not be made; options were reviewed, e.g. rezoning to R -6; staff determined the provision to allow compatible uses in Planned Developments was a reasonable approach and presented it to the Planning Board; the Planning Board reviewed the Variance issue; the [yacht club] use is not permitted in R -1, therefore, it is a legal, non - conforming use; legal non - conforming uses are restricted over time; the intent of the City's zoning ordinance is to extinguish uses over time, which makes granting the use difficult. Councilmember Johnson inquired whether the Yacht Club existed when Adjourned Regular Meeting Alameda City Council 4 November 8, 2000 the area was zoned R -1. The Planning Director responded in the affirmative; stated the use was made non - conforming in 1958. Councilmember Johnson inquired whether the recommendation was considered the best way to remedy the situation. The Planning Director stated the staff made the recommendation to the Planning Board, which the Board recommended to the Council. Councilmember DeWitt inquired whether large changes, such as putting in a dry cleaners, would be considered not compatible. The Planning Director responded if staff, with factual analysis, could not recommend that the use would be compatible, staff, the Planning Board and Council would have to find it does meet the test of compatibility. Councilmember Johnson inquired whether the Planning Board would have to approve compatible uses, to which the Planning Director responded in the affirmative. Councilmember Kerr stated commercial uses could be permitted in the residential zones by rezoning the property to C -1; if the neighborhood finds the zoning change objectionable, they have the right to referendum; she objects to pulling a fundamental right to control neighborhoods from the people of Alameda; findings can be made to allow the Aeolian Yacht Club to move forward. Vice Mayor Daysog stated before taking away people's rights, the Council should ensure the reason for doing so is profound; there must be a way to preserve the rights of residents and move forward with Aeolian's request. Councilmember Johnson inquired whether Council could procedurally make findings on a Variance [this evening]. The City Attorney responded said action is not on the agenda and requires Planning Board action prior to Council action; further stated the Zoning Text Amendment and Negative Declaration is the agenda item; there is no indication of a Variance [on the agenda]; the matter could be placed on the next Council agenda or referred back to the Planning Board. Councilmember Kerr inquired whether the [zoning] amendments could be applied to the Aeolian Yacht Club, without changing every PD zone in the City. Adjourned Regular Meeting Alameda City Council 5 November 8, 2000 The City Attorney stated Council could establish criteria which would apply to property similarly situated, e.g. turn- of -the- century properties; Council cannot spot zone and only apply changes to a certain property; however, if desired there are probably distinguishing characteristics which would not apply to a lot of other properties. Councilmember Kerr inquired whether the amendments could be limited to sites currently occupied by yacht clubs. The Planning Director responded Council could make revisions to substantially narrow the ordinance to allow only yacht clubs; stated all R -1 -PD zones would have the opportunity to add yacht clubs. Councilmember DeWitt inquired whether language could be added to permit referendum instead. The City Attorney responded in the negative; stated in order to have a referendum, there has to be a legislative act, such as passing an ordinance. Councilmember Johnson inquired whether the amendment, outside of the specific Aeolian Yacht Club, could be addressed as part of the General Plan update process. The Planning Director responded the development control tool proposed follows from objectives in the General Plan; the amendment would create a certain amount of flexibility. Councilmember Johnson stated the proposed ordinance should be reviewed; there are neighborhoods where corner coffee shops and grocery stores are desired; suggested another way be sought; stated prior to proceeding, people should be made aware of the issue. Mayor Appezzato inquired whether there were options to resolve the Aeolian Yacht Club issue. The Planning Director responded the property could be rezoned R -6 or C -1, which would permit any uses approved for said districts; the Planned Development designation only approves specific compatible uses; other zoning leaves neighborhoods open to difficult impacts, e.g. R -6 allows offices and hotels; staff did not believe the findings for a Variance could be made. The City Attorney stated that if Council would like to deal solely with the Yacht Club issue tonight and direct that the Planning Director to bring back a further study on the other issues, there is a vehicle in the Code; to resolve the issue tonight, Council Adjourned Regular Meeting Alameda City Council 6 November 8, 2000 could: 1) approve the Zoning Text Amendment and direct the City Attorney to revise it to apply to yacht clubs only, and 2) direct that more information [on other issues] return to Council with different options, e.g. choice of uses which would be permitted. Vice Mayor Daysog inquired why staff could not make the findings for a Variance. The Planning Director responded the use needs exceptions to two sections: 1) height, which staff could make findings to grant an exception, and 2) the use is legal non - conforming; when a use is non - conforming, the zoning ordinance is structured to extinguish the use over time; therefore, the amount of repair which could be done, including structural alterations and expansions, is limited; staff could not make the Variance finding because it does not comply with the intent of the zoning ordinance. Councilmember Kerr amended her motion to follow the City Attorney's suggestion: 1) that Council narrow the scope of the change in the ordinance to yacht clubs, and 2) that Council follow Councilmember Johnson's suggestion to direct the broader scope be reviewed in the General Plan study. Councilmember Johnson seconded the motion. Under discussion, Mayor Appezzato stated the Planning Board could review the issue before it returns to Council. On the call for the question, the motion carried by unanimous voice vote - 5. (00 -612) Public Hearing to consider a Rezoning, R- 00 -01, which would rezone 980 Fernside Boulevard (Aeolian Yacht Club) from R -1 (One- Family Residence Zoning District) to R -1 -PD (One Family Residence - Planned Development Combining District). Applicant: Aeolian Yacht Club. (In conjunction with Agenda Item No. 5 -A) ; and (00 -612A) Introduction of Ordinance Reclassifying and Rezoning Certain Properties within the City of Alameda by Amending Zoning Ordinance No. 1277, N.S., for Property Located at 980 Fernside Boulevard. Introduced. Councilmember Kerr moved introduction of the Ordinance. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. (00 -613) Ordinance No. 2846, "Approving and Authorizing the Sale Adjourned Regular Meeting Alameda City Council 7 November 8, 2000 of a Portion of Market Street Recently Vacated North of Madison Avenue." Finally Passed. Councilmember DeWitt moved final passage of the Ordinance. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. (00 -614) Ordinance No. 2847, "Approving MPA -99 -04 Amendment to the Master Plan for Alameda Marina Village." Finally Passed. Councilmember DeWitt moved final passage of the Ordinance. Councilmember Johnson seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Daysog, DeWitt, Johnson, and Mayor Appezzato - 4. Noes: Councilmember Kerr - 1. ORAL COMMUNICATIONS, NON- AGENDA (00 -615) Peggy Doherty, Alameda, thanked City staff and the Office of the City Clerk for assistance during the election; stated her campaign was a victory for many people in Alameda because they no longer feel marginalized. Mayor Appezzato stated if Council makes a decision which some people do not agree with, their recourse is to state Council is not listening. Mayor Appezzato further stated that he hopes an agreement can be reached on the Renewed Hope's issues. (00 -616) Ed Murphy, Alameda, provided Council with a copy of the 1991 ballot measure which added Section 26 -3 to the City Charter; inquired how the Marina Village Extended Stay Hotel fits with the Charter provision; noted the [1991] ballot measure limits one housing unit per 2,000 square feet of land; stated the Extended Stay Hotel's 121 units at Marina Village are not on a large enough lot, unless it has been interpreted that any residential development does not include hotels; R -6 [zoning district], which is residential, permits hotels; stated that he did not raise the issue of the other Extended Stay hotel behind the Raiders facility [located on Bay Farm Island] because he did not know the square footage; stated the [required] 2,000 square feet [of land] times 121 units would require more than 2 acres; that he would like to know the rationale which permitted the hotel. Councilmember Kerr requested the City Attorney's office to write a letter to Mr. Murphy. Adjourned Regular Meeting Alameda City Council 8 November 8, 2000 Mayor Appezzato requested the City Manager to set up a meeting with the Planning Director and possibly the City Attorney. (00 -617) Marilyn Ezzy Ashcraft, Library 2000, thanked the Council for putting Measure 0 on the ballot; stated the measure passed with the support of more than 17,000 voters; the campaign had grassroots support, including more than 100 volunteers; voters in all 53 precincts were reached in person or by telephone and mail; thanked the City Manager, Assistant City Manager, City Attorney and Library Director; Assembly member -elect Wilma Chan is committed to attending, or sending a representative, to a workshop on how to apply for Proposition 14 funds; Senator Don Perata is also assisting the City with receiving State funding. Frank Matarrese, Library 2000, thanked the voters and the City Clerk. (00 -618) Jean Sweeney, Alameda, stated that she is concerned with senior staff making counter recommendations to the City Council; the Planning Board recommended that the Kaufman & Broad project [Marina Cove] should wait for the northern waterfront specific plan; the senior staff made a counter recommendation which recommended approval of the development; the Planning Board is being circumvented by the senior staff; the Planning Board represents the public; citizens' rights are being abridged; inquired where the Code states that staff can counter recommend a Planning Board decision. The City Manager requested Ms. Sweeney to submit her comments in writing, and stated that he would respond. COUNCIL COMMUNICATIONS (00 -619) Mayor Appezzato noted projects underway; stated the Cross Airport Roadway should come to fruition; the library is on its way; if the City reaches and agreement with Renewed Hope, the Catellus development, the first development at the former Naval Air Station, will move forward; development will begin in the northern waterfront area; the Fruitvale [Bridgeside] Shopping Center should be on its way; there is still work, but there have been tremendous successes. (00 -620) Request for possible Council Work Session with State Senator Perata and staff regarding the upcoming legislative session. [Vice Mayor Daysog] Vice Mayor Daysog stated Oakland City Councilmember Dick Spees Adjourned Regular Meeting Alameda City Council 9 November 8, 2000 mentioned that Senator Perata's office was putting together a legislative session with Oakland's City Council; the City of Alameda should put in whatever legislative requests it can; all legislative requests might not be honored. Mayor Appezzato stated Senator Perata invited him to attend a meeting on legislative matters, however, it was cancelled; two Councilmembers should be able to attend. (00 -621) Vice Mayor Daysog stated Governor Davis will temporarily reduce the sales tax from 8.25% to 80; requested a report on the impacts which the reduction will have on the City. The City Manager stated a report would be provided; noted there will be no impact this year and future years cannot be predicted. (00 -622) Vice Mayor Daysog stated traffic in the Tube was congested three times last week; the Alameda Journal Newspaper wrote an article about the Fire Department having a radio station; inquired whether the City could provide updates during the morning commute hours regarding traffic on the bridges and tube; suggested a Web camera be used to allow staff and the public to view traffic. The City Manager stated the City would review the matter. (00 -623) Councilmember Kerr stated the Harbor Bay Ferry did not run last week; Blue & Gold is supposed to provide backup; requested information on the notification Blue & Gold needs and the circumstance which Blue & Gold can legally not provide a backup for the east end ferry. Mayor Appezzato requested an update on when the second ferry will be completed. (00 -624) Councilmember Johnson noted the election was exciting; Measure 0 [Library Bond Measure] passed; candidate's need to remember to pick up lawn signs. (00 -625) Mayor Appezzato stated the City Manager received a letter from a contractor and a letter from a homeowner complimenting the Building Services Department, including specific staff members. (00 -626) Mayor Appezzato stated the City of Alameda received a letter from Housing and Urban Development; the City will receive $1.43 Million in funding this year. Adjourned Regular Meeting Alameda City Council 10 November 8, 2000 ADJOURNMENT There being no further business, Mayor Appezzato adjourned the Meeting at 8:50 p.m. Respectfully submitted, Diane B. Felsch, CMC City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Adjourned Regular Meeting Alameda City Council 1 1 November 8, 2000