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
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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.
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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
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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
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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
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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