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1994-07-05 Regular CC MinutesMINUTES OF REGULAR MEETING OF THE ALAMEDA CITY COUNCIL JULY 5. 1994 The meeting convened at 7:35 p.m. with President Withrow presiding. The Pledge of Allegiance was led by Councilmember Appezzato. Reverend Wayne DuBois, Brotherhood Spiritualist Church, gave the invocation. ROLL CALL - Present: Councilmembers Appezzato, Arnerich, Lucas, Roth and President Withrow - 5. Absent: None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY CONSENT CALENDAR President Withrow announced that at the request of a citizen, reports 94-369 regarding 1995 Travel Budget, 94-370 calling for bids for Bicycle Bridge, and 94-371 regarding Mortgage Credit Certificates, and 94-372 Bills for ratification, were removed from the Consent Calendar for discussion. Councilmember Lucas moved approval of the remainder of the Consent Calendar. Vice Mayor Roth seconded the motion which carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. *94-367 Minutes of the Adjourned Regular Council Meeting of June 9, 1994, Regular Council Meeting of June 21, 1994, and the Special Council Meeting of June 21, 1994. Approved. *94-368 Resolution No. 12551 "Authorizing Amendment to Agreement Between City of Alameda and Alameda Unified School District regarding Maintenance and Operation of the Emma Hood and Encinal Swim Centers." Adopted. 94-369 Report from President, Public Utilities Board, recommending approval of the Fiscal Year 1995 Travel Budget of the Bureau of Electricity. Don Bergen, Alameda, agreed to sending Bureau of Electricity employees short distances to e.g., Sacramento, but not out of state due to expense involved. Vice Mayor Roth noted the reduction in the travel budget, and moved adoption. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5. 94-370 Report from Acting Public Works Director recommending Adoption of Plans and Specifications and Calling for Bids for Bay Farm Island Bicycle Bridge, Part B, Bascule Span, No. P.W. 1-92-01. Don Bergen, Alameda, commented on cost of bridge; probability of lack of State funding; and City cannot afford Bicycle Bridge. In response to Councilman Arnerich, the City Manager explained the original intention was for the Bicycle Bridge to be a horizontal cantilever off the side of the existing bridge, however, Caltrans, which owns the bridge, stated there should be a separate bridge to avoid any problem from additional weight; that increased the cost; a separate bridge was considered more safe for school children; the current area [sidewalk] is narrow and pedestrians and bicyclists have been hurt; noted the designated funding can only be used for transportation projects. President Withrow stated one of the problems is safety for seniors from bicyclists. The Public Works Director explained the process in further detail, commented that funding sources consider the project to be high priority, and urged continuance with the project. Councilmember Lucas stated Council would be irresponsible if it did not recognize the hazard of the narrow sidewalk, and approve the [bicycle] bridge; also, citizens are encouraged to use bicycles and leave autos at home, and she believes the bridge is a necessity. Councilmember Appezzato called attention to signs informing people they should walk their bicycles across the bridge; but are ignored. Vice Mayor Roth noted the bridge would help meet the Americans with Disabilities Act [ADA] requirement; and moved adoption. Council discussed enforcement restricting bicycles to the Bicycle Bridge when it opens; and the Public Works Director confirmed the sidewalk on existing bridge would become a pedestrian walk only. Councilman Arnerich inquired what the penalty is when bicyclists do not walk their bicycles [on existing bridge]. Following Mayor Withrow's comment on barriers which allow pedestrian traffic but not bicycles, the Public Works Director stated that could be done. Councilman Arnerich agreed; and stated when the Bicycle Bridge is opened it will be for bicycles only and the other area [sidewalk of the existing bridge] would be pedestrian only; and the City Attorney should work on that [enforcement]. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5. Regular meeting, Alameda City Council July 5, 1994 94-371 Report from Community Development Director regarding Mortgage Credit Certificates (MCC) Program Status Report. Don Bergen, Alameda, stated his parents saved for twenty years to buy their first home; and this is just another government [program] and he does not see why the City needs to get involved. Councilmember Lucas moved approval of Staff Report. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 94-372 Bills for ratification. Don Bergen, Alameda, noted items paid by City Attorney's office; and inquired why so much legal work must be contracted out. The City Attorney stated perhaps the City Manager's memorandum that covers the cost of the last ten years could be provided. President Withrow indicated documentation would be provided; stated the issue is out of context, does not bear making a full statement, and pointed out e.g., previous backup of 93 cases against the City, and lack of reporting mechanism. Councilman Arnerich noted reduction of the caseload and the related costs, and stated a written report can be provided. Councilmember Appezzato stated we should continue to look at all City Departments including City Attorney office, and continue to monitor; a balance exists on doing work in-house and contracting out; and the escalation could not be ignored. Councilmember Lucas moved approval [ratification of bills in the sum of $1,971,748.98]. Vice Mayor Roth seconded the motion which carried by unanimous voice vote - 5. AGENDA ITEMS Actions Related to Base Conversion Process. 94-373 Status Briefing on Base Conversion Process. The Project Director reported on his trip to Washington, D.C. concerning the change in rules implementing the National Defense Authorization Act of 1994; stated that he would like to see what can be done to request a delay in the Homeless Screening Process, and may request a Special Council meeting. Council, by consensus, agreed July 13 would be an acceptable date for a Special Meeting. The Project Director also addressed the screening of consultants; and possible modification of the McKinney Act. Regular meeting, Alameda City Council July 5, 1994 94 -374 Report from the Base Reuse Advisory Group regarding Proposed Concept for the Reuse of Naval Air Station Alameda Housing. Alice Garvin, Chair, BRAG Housing Subcommittee, noted she and Tom Matthews, Housing Development Manager, have attended EBCRC meetings regularly, and believe a non - profit group to oversee all NAS properties would result in more efficiency and control; and requested approval of the concept of establishing the group. Replying to Vice Mayor Roth, Ms. Garvin stated Alameda has strong representation; and regionally, ESN [Emergency Services Network], or a similar group that deals with homeless providers, can be used. Councilmember Appezzato indicated he will support the concept of exploring the matter. Barbara Kerr, Alameda, noted that the percentage of rental property in Alameda is very high; and studies should be done that question the affect of placing a number of rental units on the market. Don Roberts, Alameda, favored Rear Admiral G.G. Piche's letter and the Coast Guard's approach to allocation of housing; read portions from letter by Deena Lahn, ESN, and stated he does not want to see Alameda County HCD become the lead agency, nor Alameda become a dumping ground for homeless people throughout the Bay Area; requested [Council] look closely at proposal. Tony Daysog, Alameda, inquired what the net increase in the low income housing will be as a result of base conversion. President Withrow indicated it [question] is premature; much is to be done before we will know the answer; and the screening process could allow homeless providers to take all houses except those designated by the Coast Guard. Councilmember Lucas stated Ms. Kerr raised a good issue; the ratio of rental units to owned units should not increase; NAS units should be used for home ownership, perhaps for first -time or low - income buyers as much as possible, as it is good for the community; and the non - profit corporation should keep that in mind. President Withrow agreed. Councilman Arnerich moved acceptance of staff recommendation, and consideration of Councilmembers' comments. Vice Mayor Roth seconded the motion. President Withrow inquired if the motion could incorporate a modification of proposed Amendment No. 5 of the report: "that the Coast Guard interests be protected," and the deletion of the Regular meeting, Alameda City Couneil July 5, 1994 balance of the statement. Councilman Arnerich stated he would incorporate that into his motion. [Vice Mayor Roth who seconded the original motion, did not object to the proposed amendment.] The motion carried by unanimous voice vote - 5. 94-375 Report from Mayor Withrow on the Draft 1994 Regional Transportation Plan [RTP] for the San Francisco Bay Area; Alameda County. President Withrow stated that the RTP was put together by Metropolitan Transportation Commission [MTC]; he represents the City and is Chair of Congestion Management Agency [CMA] of Alameda County; represents cities of Alameda County on MTC; he is on MTC committees and represents MTC on Regional Airport Planning Commission; MTC has completed a twenty year program budget and is currently programmed to spend $74 billion in the 9-county area of Bay Area; and gave examples of costs of projects. A 10-minute video was provided by President Withrow describing the RTP, reflecting the necessity of improvements, major overhauls to withstand catastrophic earthquake, efforts of MTC, financial limitations, and consideration of ISTEA [Intermodal Service Transportation Efficiency Act of 1991] to create a network for travelers and for freight, and "do more for less." Gerhard Degemann, Alameda, inquired if President Withrow believes MTC is doing a good job; discussed proposed extensions of BART [Bay Area Rapid Transit] in certain areas; and inquired when Oakland will have [BART] connection to Airport. Mayor Withrow stated MTC has built a national reputation and is very highly regarded; BART had a political support structure apart from MTC, however, they are now more integrated into the process; and noted that areas in which BART will be expanding, involves a huge investment; however if that commitment is not made, our major highways will be gridlocked in the not-too-distant future. 94-376 Ordinance No. 2667, N.S. "Reclassifying and Rezoning Certain Properties within the City of Alameda by Amending Zoning Ordinance No. 1277 for that Property located at 1214 Oak Street. (Continued from Regular Council Meeting of June 21, 1994) Councilmember Lucas moved final passage. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 94-377a Ordinance No. 2668, N.S. "Amending the Alameda Municipal Code by Amending Subsection 13-4.46 (Schedule of Fees), Section 13- 4 (Electrical Code), Article II, (Electrical Requirements), Chapter XIII (Building and Housing) Pertaining to the Establishment of Regular meeting, Alameda City Council July 5, 1994 Electrical Permit Fees." Adopted. 94-377b Resolution No. 12552 "Amending Master Fee Resolution No. 12191 to Establish Electrical Permit Fees and to Increase Various Other User Fees and Permit Fees." (Continued from Regular Council Meeting of June 21, 1994) Adopted. The City Manager commented that, because this resolution was carried over from June 21, the effective date in the final paragraph of the resolution should be amended to reflect an effective date of August 5, 1994 in place of August 1, 1994. Councilman Arnerich moved adoption of ordinance and resolution, including amendment of effective date. Vice Mayor Roth seconded the motion which carried by unanimous voice vote - 5. 94-378 Ordinance No. 2669, N.S. "Amending the Alameda Municipal Code by Amending Subsection 18-3.7(C) (Fees for Connecting Sewers) of Section 18-3 (Connections), and Subsections 18-4.3(A) (B) and (C) (Charges Imposed), of Section 18-4 (Sewer Service Charge), Article I, (Sewers), Chapter XVIII (Sewer and Water), Setting Sewer Fees by City of Alameda Resolution." (Continued from Regular Council Meeting of June 21, 1994) Adopted. Vice Mayor Roth moved adoption. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 94-379 Ordinance No. 2670. N.S. "Amending Alameda Municipal Code by Repealing Section 8-29, Transportation Systems Management (TSM), of Chapter VIII (Traffic and Motor Vehicles) and Replacing with Revised Section 8-29 (Transportation Systems Management)." (Continued from Regular Council Meeting of June 21, 1994) Adopted. Councilmember Appezzato moved adoption; Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 94-380 Ordinance No. , N.S. "Amending the Alameda Municipal Code by Repealing Section 24-5 (Smoking Control) of Chapter XXIV (Public Health) and Replacing with New Section 24-5 (Smoking Pollution Control), Eliminating Smoking in Workplaces and Enclosed Public Places and Prohibiting Tobacco Product Free Distribution and Vending Machines." (Continued from Regular Council Meeting of June 21, 1994) Amended and reintroduced. Ted Brown, Alameda, stated that if Council votes for non-smoking, they are taking away [citizen's] rights; and believes not all restaurant-owners want non-smoking. John Mannick, Alameda, stated he is a non-smoker but is not for a [smoking] ban in Alameda; questioned how out-of-towners will know what the laws are; perhaps we should wait for State or federal Regular meeting, Alameda City Council July 5, 1994 [legislation]. John Costello, McGee's Bar & Grill, Alameda, stated his problem is that his kitchen closes at 10:00 p.m.; and at 10:30, if someone wants to drink and smoke at the bar, they cannot, and will go to other bars where they can smoke; that is not fair; there should be a level playing field; if Council wants to do it [ban smoking], it should be done for everybody. Beverley O'Connor, Mels Bowl, Alameda, stated some bowls that went completely to non-smoking are down 40% in revenues; and hopes Council will reconsider and give businesses a chance. Douglas Haines, Alameda, stated he is philisophically against this law because he is tired of government agencies taking freedoms away; if Council wishes to restrict smoking, Council should make a blanket statement of no-smoking in the City except in private homes, to make the playing field level. Jonathan Krueger, Alameda, sympathized with businesses; expressed concern for children; noted statistics on effects of second-hand smoke on children, e.g., hospitalizations, asthmatic attacks; restrictions have reduced such effects according to Environmental Protection Agency study. Replying to Councilmember Lucas, Mr. Krueger stated a majority of restaurant owners favor the ordinance, and business has not decreased; most surrounding communities have similar ordinances. President Withrow closed the public portion of the hearing. Vice Mayor Roth stated a Bill [on smoking] is in the Assembly; he agrees on a level playing field; if Council is going to ban smoking, then it should be banned [completely]. Councilmember Lucas stated children are not taken to bars, but are taken to restaurants and bowling alleys. President Withrow inquired if Vice Mayor Roth is proposing that Council eliminate smoking in the City, except in private residences. Vice Mayor Roth replied, "or the open air." Councilmember Lucas inquired if he wished bars to be included [in the ban]. Vice Mayor Roth stated he would think so. Councilman Arnerich stated he believes in prohibiting smoking in public places, attends no-smoking restaurants, and the marketplace Regular meeting. Altuneda City Council July 5, 1994 2O dictates; the ordinance should be tabled because it is not correct; we should look at the matter more closely; believes the Vice Mayor is correct that Council should ban smoking completely, or make some changes in the ordinance. Councilmember Lucas noted the item is before Council for the third time; a number of speakers, including medical persons, addressed problems and noted problems of employees, asthmatics, and possible violation of ADA [Americans with Disabilities Act]; smokers infringe on the right of non-smokers to inhale smoke-free air; it [the issue] is not the freedom of smokers to pollute the air for others, it is the freedom of those who want to breath air without cigarette smoke in it; and she cannot understand looking at it [issue] again after hearing so many opinions, including scientific ones. Councilman Arnerich stated ordinance may need to come back several times. Councilmember Lucas moved final passage of the ordinance. Councilmember Appezzato stated he has a major concern about Mr. Costello's [comments]; if we do not have a level playing field, we need one; this is before us for the third time; if Chamber of Commerce report was not correct, it needs to be brought back, however, we were told 95% of restaurant-owners were against smoking; we need to do something; he will support it [ordinance]; a number of people do not need to be infected by second-hand smoke; and inquired whether Mr. Costello has a bar or restaurant under the code. Council discussed various establishments, licensing, and categories of bars in Alameda. The Fire Chief stated that the intent of where we draw the line is the small free-standing bar which has nothing to eat; Council can change the clause which covers exceptions, and not have any exemptions except for family dwellings. President Withrow inquired if that could be done under the second reading tonight. The City Attorney stated this would not appear to be a minor change, because other persons may want an opportunity to speak; the ordinance can be brought back in five days or at next Council Meeting. President Withrow indicated ordinance should be brought back at the next Council Meeting. Councilmember Lucas moved "that we pass the ordinance with the Regular meeting, Alameda City Council July 5, 1994 amendment that smoking be banned in bars too;" and clarified she is reintroducing the ordinance. Councilmember Appezzato seconded the motion. President Withrow stated a level playing field will result. Councilman Arnerich inquired if this will preempt places with 6 to 10 stools, and President Withrow clarified bars are totally banned. Councilman Arnerich stated that will put them out of business. President Withrow commented Mr. Costello stated he does not believe people will go out of town, so they [bars] will not go out of business. Councilman Arnerich stated he would like this [ordinance] to come back and [Council] look at it in its entirety. President Withrow called for the question on the motion [to amend and reintroduce]. The motion carried by the following voice vote: Ayes: Councilmembers Appezzato, Lucas, Roth and President Withrow - 4. Nayes: Councilman Arnerich - 1. Absent: None. President Withrow clarified Council is reintroducing the ordinance; it will come back in two weeks at the next Regular Council Meeting, and will remove smoking from bars in total. 94-381 Ordinance No. 2671, N.S. "Amending the Alameda Municipal Code by amending Subsection 30-4.9 (C-2, Central Business District), Subsection 30-4.10 (C-M, Commercial-Manufacturing District), Subsection 30-4.11 (M-1, Intermediate Industrial Manufacturing District), and Subsection 30-4.12 (M-2, General Industrial Manufacturing District) of Article I (Zoning Districts and Regulations), Chapter XXX (Development Regulations)." Adopted. Councilmember Appezzato moved adoption. Vice Mayor Roth seconded the motion which carried by unanimous voice vote - 5. 94-382 Ordinance No. 2672, N.S. "Reclassifying and Rezoning Certain Properties within the City of Alameda by amending Zoning Ordinance No. 1277 for that property located at 1912 Oak Street." Adopted. Councilmember Lucas moved final passage. Vice Mayor Roth seconded the motion which carried by unanimous voice vote - 5. 94-383 Written Communication from Susan L. Boyle, Chief, NEPA Support Branch, United States Coast Guard, inviting comments on proposed project to replace bridge at Coast Guard Island, Alameda. Regular meeting, Alameda City Council July 5, 1994 President Withrow inquired into the possibility of building a bridge from Alameda. The Public Works Director replied the biggest problem is that a lift bridge would be needed because the channel is navigable, and would be very expensive. Vice Mayor Roth moved to refer the matter back to staff for comment and consideration of the most feasible option [alternative]. Councilmember Lucas seconded the motion. Councilman Arnerich noted that the government will build it and Alameda will not be responsible for it in any way. The City Manager, responding to President Withrow, stated that the Coast Guard owns the structure and will be responsible for repair. The motion carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON-AGENDA 94-384 Shirley Cummins, Alameda, expressed her views on the June 9, 1994 Council Meeting proclamation acknowledging June Gay Pride Month. 94-385 Gerhard Degeman, Alameda, stated he liked the Fourth of July Parade but was disappointed that the Founder of the Parade, former Mayor Chuck Corica, and former Grand Marshals were not included. 94-386 Herb Severns, Alameda, requested 30 seconds of silence for a memorial to Jack Clark. COUNCIL COMMUNICATIONS 94-387 Consideration of Mayor's nomination for an appointment to the Planning Board. President Withrow nominated Marie Gilmore for appointment. 94-388 Consideration of Nomination to fill vacancy created by William Garvine's resignation as Chair of the Employment and Retraining Sub-Committee of the Base Reuse Advisory Group. (Continued from Regular Council Meeting of June 21, 1994) President Withrow submitted the name of Dan Meyers [Sub-Committee Vice Chair] for nomination as Chair; noted William Garvine, President of the Chamber of Commerce, had recommended Mr. Meyers; and inquired if Council wished to make any nominations. No further nominations were made; and Council, by consensus, Regular meeting, Alameda City Council July 5, 1994 appointed Mr. Meyers. 94-389 Vice Mayor Roth stated that he would like a status report on information for locating all water and gas valves and pipes in the City; and suggested franchisees might provide data. 94-390 Vice Mayor Roth stated that contracts for street work should include keeping area reasonably clean, particularly when reaching the paving stage. ADJOURNMENT 94-391 Following remarks of Councilman Arnerich in tribute to Jack Clark, [Alameda Times-Star Sports Editor for 62 years], President Withrow adjourned the meeting at 11:07 p.m. in Mr. Clark's memory. ectfully slth1litted, D NE B. FELSCH, C C City Clerk The agenda for this meeting was posted 72 hours in advance. Regular meeting, Alameda City Council July 5, 1994