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1994-07-19 Regular CC MinutesMINUTES OF REGULAR ALAMEDA CITY COUNCIL MEETING JULY 19. 1994 The meeting convened at 7:35 p.m., with President Withrow presiding. The Pledge of Allegiance was led by Councilman Arnerich. Reverend Zuikei Taniguchi, Buddhist Temple of Alameda, gave the invocation. ROLL CALL - Present: Councilmembers Appezzato, Arnerich, Lucas, Roth and President Withrow - 5. Absent: None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY. 94-396 Presentation to the Mayor and City Council by the Park Street Business Association. Chip Brown, Vice-President, Park Street Business Association, and Gail S. Olaysen, Program Manager, presented the Mayor and each Councilmember with a Park Street Faire wine glass, and invited everyone to attend on August 6th and 7th. 94-397 Certificate of Recognition to Robert French, D.D.S. for his efforts to beautify the community. (Mayor Withrow) Mayor Withrow read the proclamation commending Dr. French for his public property improvements, and announced that he would like to be notified of other citizens' improvements. CONSENT CALENDAR At the request of Councilmembers and a citizen, report 94-413 concerning Webster/Eighth Street couplet, and ordinance 94-414 regarding Grant of Easement to Central & Park Associates, were removed from the Consent Calendar for discussion. Councilman Arnerich moved the remainder of the Consent Calendar. Vice Mayor Roth seconded the motion which carried by unanimous voice vote - 5. Items so enacted are indicated by an asterisk. *94-398 Minutes of the Regular Council Meeting of July 5, 1994, and two Special Council Meetings of July 5, 1994. Approved. *94-399 Report from President, Public Utilities Board, recommending Customer Natural Gas Procurement Assistance Program. Accepted. *94-400 Report from the City Manager recommending ratification of Base Conversion Project Manager's trip to Washington, D.C., June 23, 1994. Accepted. *94-401 Report from Finance Director transmitting Investment Portfolio as of June 30, 1994. Accepted. *94-402 Report from Finance Director transmitting Annual City of Alameda Investment Policy. Accepted. *94-403 Report from Finance Director seeking authorization to place on property tax bill delinquent Business License fee: 1940 Franciscan Way, Alameda, California. Accepted. *94-404 Report from Public Works Director recommending award of contract to M.F. Maher, Inc. for the Repair of Portland Cement Concrete Sidewalk, Curb, Gutter, and Driveway for the Fiscal Year Ending June 30, 1995, No. P.W. 4-94-6. Accepted. *94-405 Report from Public Works Director recommending acceptance of the work by St. Francis Electric for Traffic Signal Installation at the intersection of High Street and Central Avenue, No. P.W. 8- 93-11. Accepted. *94-406 Resolution No. 12554 "Supporting Senate Bill 174 (Public Library Learning and Literacy Expansion Act of 1994)." (Library Board) Adopted. *94-407 Resolution No. 12555 "Supporting Assembly Bill 61 (Public Library Learning and Literacy Expansion Act of 1994)." (Library Board) Adopted. *94-408 Resolution No. 12556 "Establishing Guidelines for Reimbursement of Per Diem Travel and Related Expenses in Connection with the Conduct of City Business." (Carried over from the June 21, 1994 Council Meeting) Adopted. *94-409 Resolution No. 12557 "Opposing Assembly Bill 51 Which Amends Housing Element Requirements for General Plans." Adopted. *94-410 Ordinance No. , N.S. "Amending the Alameda Municipal Code by Repealing Subsection 2-62 (Purchasing; Local Preference Policy) of Article V (Administrative Procedures and Policies), Chapter II (Administration), and Adding a New Subsection 2-62 (Purchasing; Local Preference Policy) Establishing Preference for Local Businesses in the Purchase of Materials and Supplies and in the Award of Personal Service Contracts for Labor." Introduced. *94-411 Filing of Affidavit of City Manager and Chief of Police pursuant to Section 17-11 of the Charter of the City of Alameda. Accepted. *94-412 Bills, certified by the City Manager to be true and correct, were ratified in the sum of $1,222,763.82. Regular Alameda Council Mecting July 19, 1994 94-413 Report from Public Works Director recommending staff be directed to commence environmental documents and design for Webster/Eighth Street couplet. Vice Mayor Roth stated that the change [proposed design] is important, and he would like people [made] more aware that it is going to happen; if Webster Street is down to one lane northbound, bus stops should have adequate room for pulling out, specifically at Lincoln and Webster on the southside; and Central eastbound should continue to have two lanes for straight ahead, and not have a left-turn lane, a straight lane, and a right-turn lane. Vice Mayor Roth moved acceptance. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5. 94-414 Ordinance No. . N.S. "Authorizing Grant of Easement to Central & Park Associates to Allow the Installation of a Door in the Building Located at 2314 Central Avenue." Introduced. Councilmember Lucas stated she would abstain on this matter [due to possible conflict of interest]. Don Roberts, Alameda, requested staff be directed to respond to three questions: 1) was it a violation of the law for the door to be constructed before Council approved the ordinance; 2) why was easement condition, that the door be for emergencies only, ignored; and 3) how much money will City receive from the company for granting this easement. Councilman Arnerich stated he too had requested the matter be pulled from Consent Calendar; and presented questions concerning various aspects of the agreement to the City Manager, including why the door is already in place; and, can the City charge for the easement. The City Manager responded to Councilman Arnerich's various issues: concerning why the door was put in prior to the matter returning to Council, the City Manager explained the property owners urged staff to expedite the matter so they would not lose their tenant, and staff had the impression from Council that they wanted staff to do whatever possible to aid the property owner in obtaining a tenant; regarding the issue of emergency access, he stated the issue is addressed in Section 4.3 of the lease agreement; regarding charging the property owner, he explained that the City can continue to use the property, it is a small easement, he inferred it is unlike other City easements for exclusive use by owners; with respect to possible revocation of the easement if the City decides to change the use of the parking lot, the City Manager replied the City can revoke the easement and that is addressed in Section 4.2 of the agreement; the phrase "time is of the essence" relates back to property owner and everyone realized this [matter] should proceed Regular Alameda Council Meeting July 19, 1994 as soon as possible when agreement is completed; and how subsequent property owners of the building will know about the easement, is addressed in Section 4.6 of the agreement. Councilman Arnerich stated he would like two items to be incorporated into the agreement, one being that the door be listed as an "emergency exit only." The Public Works Director explained that the door does not fit the criteria for an emergency door. Vice Mayor Roth suggested a stipulation that the door be used only as an alternate passageway, in the event the main door is blocked and/or unsafe to exit. Following further Council discussion, President Withrow suggested a sign stating, "This door is to be used in an emergency only." The City Manager responded staff could pursue matter with the owners. Councilman Arnerich suggested a sign be required in the agreement; and stated he will incorporate that into a motion; if the agreement comes back in that manner, he "will make the motion to introduce this [ordinance] with the proviso that the proper wording be put on the door." Vice Mayor Roth seconded the motion. Councilmember Appezzato agreed with Councilman Arnerich; and when matter comes back, he would like staff to look at the legal ramifications, such as City liability. The City Manager responded that the Hold Harmless clause, Section 8, indemnifies and holds the City harmless against any losses, damages, liability claims, suits, costs or expenses. Councilmember Appezzato and the City Manager discussed enforcement of an "emergency door only" provision. Councilman Arnerich believes the two things he discussed will finalize [matters] and make it incumbent that door is to be used for emergency purposes only, proper signing be put in place, and property owner conveys to new property owner that City conditions exist with the City. Vice Mayor Roth suggested one other alternative; staff could pursue requiring an alarm for the door and a sign stating "This door is alarmed - do not use." Councilmember Appezzato stated that is an option that needs to be pursued; in fact, it may be discovered there is no reason for the door; and he would like an answer to come back. Regular Alameda Council Meeting July 19, 1994 The motion carried by the following voice vote: Ayes: Councilmembers Appezzato, Arnerich, Roth and President Withrow - 4. Nayes: None. Absent: None. Abstentions: Councilmember Lucas - 1. AGENDA ITEMS 94-415 Resolution No. 12558 "Appointing Marie L. Gilmore as a Member of the City Planning Board." Adopted. Councilmember Lucas moved adoption of the resolution. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. The Deputy City Clerk administered the Oath of Office. Mayor Withrow presented a Certificate of Appointment to Ms. Gilmore. Actions Related to Base Conversion Process. 94-416 Status Briefing on Base Conversion Process. President Withrow announced that the Project Director stated a briefing was not required at this time. Neil Patrick Sweeney, Alameda, stated he would defer his remarks also. 94-417 Report from the City Manager regarding written communication from the City of Oakland seeking action which will allow the use of Tax-Exempt Bonds by the Port of Oakland for the portion of their Dredging Project within the City of Alameda. President Withrow announced this matter was pulled from the agenda at the request of the City Manager. 94-418 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 July 5, 1994) Not Passed. Jonathan Krueger, Alameda Smoke-Free Coalition, stated that the Coalition does not advocate making bars go smoke-free; he supports ordinance in its original form, and smoking at McGee's Bar & Grill allowed after 10:30 p.m., when the restaurant closes. Bud Mills, Alameda, stated if smoking is cut out of bars, there will be no bars. Regular Alameda Council Meeting July 19, 1994 Don Roberts, Alameda, agreed with Mr. Krueger; stated no attempt should have been made toward no-smoking in bars; and the compromise would take care of problem for McGee's. The City Attorney explained the five options in the staff report; discussed Assembly Bill [AB13] which is on the Governor's desk and must be vetoed by Monday [July 25] or become law; and noted it prohibits smoking in all restaurants. Councilmember Appezzato inquired, if the Governor signs the Bill, would the matter need to come back for Council review to comply with State law, and what cost would be involved; and makes sense to wait until Monday. The City Manager replied that the cost would be primarily for printing and codifying the final ordinance; after 30 days, enforcement would involve some costs; and noted most effort has already been expended. President Withrow inquired what the City is gaining; and if City- enforced regulations would not be included in the State law. The City Attorney explained AB13 has been reviewed carefully on the preemption question, and various interpretations exist; she agrees with interpretation that the State Bill allows for stricter local regulations, and establishes a minimum, but not a maximum. Responding to Councilmember Lucas, the City Attorney stated AB13 would take effect in January. Councilmember Appezzato stated that his inclination is to exempt bars; he suggests allowing speakers to address Council tonight, and staff bring the matter back after AB13 and tailor the City ordinance with AB13. Councilmember Lucas stated she believes Councilmember Appezzato's proposal is a good one. Councilman Arnerich moved that Council "accept report, take no action, live with the existing ordinance, and wait until the outcome of the November Election" [State Proposition 188, Smoking and Tobacco Products State Wide Regulation]. President Withrow stated the motion can be recognized but the Chair will allow each speaker an opportunity to speak. Vice Mayor Roth stated he thinks information must be gathered on all sides; and interpretation on AB13 is also needed; and seconded the motion. Art Pate, Alameda, stated that he was told he could speak for the Regular Alameda Council Meeting July 19, 1994 29 bar owners; and City should wait to see what the State does. Several speakers indicated they agreed with previous speaker, Art Pate, and would not further address the matter. Ann Lum, Alameda, Ann's Lounge & Hofbrau, agreed with waiting until the November election; and suggested people against smoking ban could call Governor Wilson's office and request veto of AB13. Dr. Robert Martin, Alameda, American Cancer Society, stated bars are different from restaurants; no children are in bars, people go to bars as a sort of club where people can meet; agreed with Mr. Krueger: would like ordinance previously [introduced] by Council which exempts bars; and Local government can add for example, vending machines not contained in AB13. Ronald Gottshall, Alameda, stated his position is opposition to passing the ordinance, and he is a non-smoker. Dale Odell, Alameda, stated he would defer to Councilman Arnerich's motion. Glenn Bulman, Alameda, stated the matter should be decided by a [Election ballot] vote of the people. Steve DiGiulio, Alameda, Dugout Sports Bar, agreed with previous speaker, Mr. Bulman. Paul Owens, Alameda, questioned preemption and the City. Attorney explained that, if the ballot measure [State Proposition 188] is passed, anything done, or to be done, will be ineffective; it will be uniform law for the State of California. David Grant, Alameda, stated the ballot measure is extreme; smoking should be allowed in bars; and he does not care if the rest is non- smoking. Nancy Rogers, Alameda, spoke from audience (inaudible). Julie Thomas, Alameda, agreed with Councilman Arnerich. Michael Hellman, Alameda, stated the need to consider federal law, the American Disabilities Act; a person not being able to enter a public accommodation because of the smoke-filled environment is basically the same as not being able to enter an accommodation in a wheelchair because of stairs. Richard Neveln, Oakland, noted that his respiratory problems and his parents' deaths were due to their smoking; noted some stores have no-smoking rule but workers smoke; and enforcement needs to be worked out. Regular Alameda Council Meeting July 19, 1994 Councilmember Lucas stated she will not support the motion; is willing to wait for the outcome of AB13 but not for the November election; she has concerns over whether the tobacco industry initiative will hold up; even if it is, there will be much litigation; and moved [substitute motion] to hold "off for another Council Meeting until the fate of AB13 is decided." Councilmember Appezzato stated since the Election is only three months away and the will of the people will be spoken on that date, he will support Councilman Arnerich's motion. President Withrow stated, hearing no second, the motion dies. Vice Mayor Roth stated one reason he will not support Councilmember Lucas's motion is that he expects AB13 will be passed but the interpretation of it will take a long time; therefore, he favors waiting for November, although he does not anticipate the ballot measure will pass. The [Arnerich] motion was carried by the following voice vote: Ayes: Councilmembers Appezzato, Arnerich, Roth, and President Withrow - 4. Nayes: Councilmember Lucas - 1. Absent: None. ORAL COMMUNICATIONS. NON-AGENDA (Public Comment) None. COUNCIL COMMUNICATIONS (Communications from Council) 94-419 Councilmember Lucas stated that a property on Caroline Street has some problems; apparently there are Section 8 tenants; and she would like a report on the matter, including whether the Housing Authority is monitoring [site]. 94-420 Councilman Arnerich stated that he would like: 1) before the next meeting, a status report on the house boat on the estuary; and 2) zero-level tolerance for speeding and passing in bicycle lanes. 94-421 President Withrow stated that the current issue concerning the College of Alameda (COA) is whether COA could become an independent college, a community college associated with a joint venture between the City and Alameda Unified School District, a community college associated only with the Alameda Unified School District, or associated with the Chabot School District; he has requested a number of the citizens of the City to sit as an Ad Hoc One-Issue Advisory Group to survey the feasibility and practicality of pursuing one of the options; and he has requested Rich Thomas, former President of the School District; Mr. James Stonehouse, Attorney, Jerry Healey, former COA Dean; Lee Harris, Attorney and Member of the Planning Board; Mr. Floyd Hibbitts, resident and Regular Alameda Council Meeting July 19, 1994 businessman on the West end and certified property appraiser; two nominees from the College District; and two representatives of the Alameda Unified School District staff to serve. Councilmember Appezzato requested the item be agendized to see if any costs are involved. ADJOURNMENT President Withrow adjourned the meeting at 9:15 p.m. Res ectfully submitt r DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted 72 hours in advance. Regular Alameda Council Meeting July 19, 1994