Mayor Bates Chides Citizens Opposed to New Wright's Garage Development

More instances of not listening to people. Highlights from 6/19/2007 City Council Meeting. Action Calendar Item #8. ZAB Appeal: 2629-2635 Ashby Ave – Wright’s Garage:

Concerned citizens of the Elmwood marched to the podium, one after another, voicing their disapproval of the Zoning Adjustment Board’s decision to allow a bar where Wright’s Garage used to be—now adjacent to a residence.

The citizens gave thoughtful arguments, in one instance bringing up a chart showing just how glaring the differences are between Shin Hua, a restaurant that serves alcohol in the vicinity, and the proposed bar (See video 2hr37min). The poster showed: 50% of gross sales in alcohol sales compared with 15% at Shin Hua. The hours of the proposed restaurant will be midnight. Shin Hua is 10PM

2:38.30 in June 22 2007 meeting.
Mayor Bates, asked the group of concerned residents whether there were more speakers. When the next speaker came to the podium, Mayor Bates chided the crowd by saying “This is like a hearing we’re having right now.” This was as if to say, Look at how much time I’m giving you to speak; what grounds do you have to demand a public hearing?


2:41 It’s About The Law A passionate, reasoned appeal from Richard Stone.
Mr. Mayor, My name is Richard Stone, I’ve been a resident of the Elmwood for 24 years. I would like to introduce you to a factor that seems to be embarrassingly missing in action in these deliberations: and that’s the law. The zoning ordinance has a specific chunk of regulations dealing with the Elmwood commercial district. The purposes include maintaining scale and balance to “compatibly serve the everyday needs of surrounding neighborhoods.” Having establishments serving the surrounding neighborhoods. Preventing development, which exceeds the amount and intensity of use that is compatible with adjacent residential neighborhoods. And finally, limiting the space occupied by businesses that generate high traffic and or parking demands. Those are some of the purposes of the ordinance, the law, the city of Berkeley has to protect the Elmwood. To make a finding, to move this thing forward, ZAB was supposed to find that the project “will not generate traffic and parking demand beyond the capacity of the commercial district or significantly increase impacts on adjacent residential neighborhoods.” To move this bar out of the exception, an affirmative finding must have been made that it would positively enhance these purposes of the district as evidenced by neighborhood resident and merchant support. That doesn’t exist. The finding here are deficient, because they do not implement the purposes. These aren’t theories; this is law.
I would point out that it appears to be an abdication of responsibility who would impose a parking condition that say “Do what you can. Do what you can, and good luck.”

2:46
One resident said the council was shirking its responsibility not dealing with the public in a public hearing and deferring to the ZAB, an appointed body.

2:48 Mayor Bates Thinks This City Council Meeting is an Ample Public Hearing
Mayor Bates dismissed the need for a Public Hearing saying that tonight had been a one sided hearing.

2:57 Councilmember Worthington Speaks Some Sense
Worthington: When you have an overwhelming number of residents and merchants coming to the City Council and telling us to follow our own laws, the City Council should listen.
I implore our council members to keep an open mind and think about keeping some room for a compromise here.


3:00-
MayorBates: I am not going to have a public hearing. What was the difference between today and a public hearing?

3:00
Anderson: There’s more wrong with this than the parking.


3:06
After the motion for a public hearing was voted down, Worthington assured the attendees that it would appear on the agenda next week. To this, Mayor Bates said “It is?” He expressed dismay, and remained unresponsive.

“Can we get a definitive statement that this will appear on next week’s agenda?” Worthington asked a second time. He then had to remind Mayor Bates that this was in fact standard operating procedure.

Mayor Bates finally conceded, “We’ll put it on as the last item of the agenda.”

As angered residents moved out of the room, Bates, with a tinge of exasperation said, “Ok thank you, thank you very much…. Nothing’s gonna change, folks.”