Elmwood: Bates supported the developer effort to turn Wright's Garage into a huge fancy restaurant that the neighborhood didn't want. This in turn cost both the neighbors and the developer (John Gordon) mucho extra bucks as the community sued the city and the developer to overturn this decision. It was clear at the Council meeting that the neighborhood overwhelmingly rejected this drastic change, but Bates, as usual, ignored the neighbors and voted with the developer.
The Zoning Adjustment Board approved a new use permit on Wright’s Garage, overstepping current regulations that place quotas on types of businesses on College Ave, and rules on alcohol consumption.On June 12, 2007, concerned citizens appealed to the Mayor and City Council for a public hearing on the matter. The City Council voted 4-3 in favor of holding a public hearing. Council Members Maio, Spring, Worthington and Anderson voted in favor of a public hearing. Mayor Bates and Council members Betty Olds and Darryl Moore opposed the public hearing. In order to grant a public hearing, at least five council members must affirm the motion. With two of the council members not voting, it was necessary for either Bates, Olds, or Moore to vote for the proposition. Rules required 5 votes to act and Council people Capitelli and Wozniak were recused from voting.
At the City Council meeting the following week, June 19, more people came to voice their opposition to both the ZAB decision and Mayor Bates unwillingness to grant a public hearing. After seeing the throngs of people, Bates "asked why it was on the agenda at all." The Daily Planet noted, “Bates reminded the some three dozen supporters of the appeal in the audience that they had lost the vote the previous week and that nothing would change when the council voted again.” So much for letting your voice be heard. Bates went on to say, “In essence you’ve had the public hearing—a one-sided hearing.” That night’s hearing being plainly ‘one-sided,’ Bates said without irony, because the developer, John Gordon, did not speak.
Of course, what was at stake, and what Bates apparently failed to understand, was not whether one commercial developer should be allowed to make an argument for building what he wants; the issue is whether or not the Zoning Adjustment Board should be setting aside clearly established ordinances without proper discussion with the surrounding community.
(See Daily Planet 6/22/2007: http://www.berkeleydailyplanet.com/article1.cfm?archiveDate=06-22-07&storyID=27346)
Mayor Bates could not understand this concept or just did not care, and continually voted against the public hearing in City Council Meetings over the remaining thirty days, until the Zoning Adjustment Board decision became final. Subsequently a group of nearby neighbors sued the City and are negotiating with John Gordon on modifying the proposed use. The principal issues are size of the restaurant and percentage of alcohol sales to total sales.
(For final decision, See item 31 from 7/10/2007 meeting:
http://www.ci.berkeley.ca.us/citycouncil/2007citycouncil/packet/071007/07-10s.htm)
Related Entries:
Mayor Bates Chides Citizens Opposed to New Wright's Garage Development. Highlights from 6/19/2007 City Council Meeting (ZAP Appeal)
