Big Night at Alameda City Council: Smoking Law Passes, City to Explore Alternatives to Cowan Land Swap

This meeting log is in reverse order, with the end of the meeting on top. So if you want to start at the beginning, with the discussion of the city's new smoking ordinance, go to the bottom. City council approved the new law at 9:16 p.m.

The city's webpage with the details of the smoking ordinance is here. Alameda Patch's . 

The discussion of , which asks city staff to look at alternatives to the current swap deal, starts at 9:46 p.m. Council voted yes on looking at alternatives to the swap at 10:41 p.m.

All Alameda Patch golf course land swap stories are here. 

Meeting adjourned. 

10:41 p.m. The Alameda City Council votes to direct city staff to explore other options for funding and maintaining the Chuck Corica Golf Course and to move the next meeting on the issue to Jan. 24, 2012. The vote is 5-0 in favor.

10:31 p.m. Councilmember Bev Johnson makes a motion to continue the golf course meeting until Jan. 24 (the meeting is ) and to direct staff to look at alternatives to the deal. Councilmember deHaan details many issues that the City has had with Ron Cowan, the Harbor Bay Isle Developer, in the past, and many of the possible issues with the deal. deHaan says the city's website is not providing balanced and accurate information to the community.

City Manager Russo asks deHaan to bring any specific inaccuracies on the city's website about the golf course deal to his attention. "I have to say, I don't think it's fair to say we're not putting facts out there," Russo says. "And if there are facts you think are relevant I invite you to include them."

"If you're going to say my facts are wrong please tell me what's wrong — maybe our interpretation is different, but the facts are the facts," Russo says. 

10:28 p.m. City Manager Russo says there are at least five options that the City can pursue as alternatives to the swap. City Manager Russo asks to have until Jan. 24 to explore alternatives to the land swap for funding the golf course. 

10:28 p.m. Mayor Gilmore says the point of her referral was to ask council if they were interested in considering alternatives to the land swap. They indicate that yes they are. 

10:25 p.m. Pat Bail, of the Alameda Youth Sports Coalition, says her group has submitted a letter to City Manager Russo. Her coalition is proposing that the City move forward with the swap, but have the Sports Coalition develop a sports complex on the North Loop Road land. 

10:23 p.m. Nancy Hird says she opposes the deal and suggests that one solution to upgrading the golf course might be to use the money that the course makes to improve it on a "slow and steady basis."

10:21 p.m. Three more speakers oppose the swap. I have yet to hear a community member speak in support of the .

10:16 p.m. Jane Sullwold says she was cautiously interested when she first heard about the land swap deal "way back when," but she says now that she has learned about how much money the city would get, she is opposed. 

10:10 Lil Arnerich starts his comments by making a joke about the City Manager Russo, who he says is driving him crazy with his complicated explanation of Mayor Gilmore's referral. "You drove Jean Quan crazy, and you're driving me crazy," Arnerich says. Then Arnerich, a long-time Alameda political mover and shaker, goes over his allotted time for speaking, and launches into a tirade about the shortcomings of former city administrators and elected officials. He is greeted by lots of laughter from the much-diminished crowd.

10:09 p.m. Another speaker against the swap. And another one. 

10:04 p.m. A speaker from the largest homeowners association on Harbor Bay says her members are "almost unanimously" against the deal. Why? Sale of public lands without voter approval, traffic, increase of pollution near Earhart School. She says people also feel athletic fields in the path of the Oakland Airport will be subject to noise and air pollution.

10:03 p.m. Two more speakers against any . 

9:58 p.m. A speaker mentions the Alameda law which requires a public vote for the sale of public lands. "The voters of Alameda passed Measure C overwhelmingly and thought their property was safe," she says. "I appeal to you, as our five council members, to honor the wishes of the citizens."

9:55 p.m. Michael Robles-Wong, who is also president of the coalition of homeowner associations on Harbor Bay, identifies himself as speaking as private citizen "I object to the land swap," he says. He proposes moving the golf course to the "water side of Mount Trashmore." He says this would give the City the opportunity to replace the "blue bridge" with a real bridge to ease the traffic bottleneck on and off of Bay Farm. 

9:50 p.m. Joe VanWinkle: "Given money is the reason, why would we want a deal that includes only seven million in cash?" VanWinkle says. "We already have land at the Point. We don't need to swap for more." He says the land in the current proposed deal is at the wrong end of the Island, doesn't give enough money to the community, and doesn't make sense for Alameda.

9:46 p.m. On to Golf Swap. Mayor Gilmore says she , asking city staff to look at alternatives to the land swap, because of public outcry in opposition to the deal. She says she wants city staff to not be limited in what options they can pursue as they look for options for funding the golf course.

She says there are 20 people who who want to speak about the golf course deal. (You can see all the .)

9:43 p.m. Community speaker Janet Gibson (and former Alameda school board member) asks if City Council members can attend community meetings. The City Attorney says they can, but they cannot discuss business or participate in discussion. Mayor Gilmore explains why councilmembers did not attend the . She says its very difficult for the city clerk to coordinate the schedules of five councilmembers. (All Alameda Patch coverage of the tree removal on Park Street is here.)

9:40 p.m. Lil Arnerich says that City Manager Russo is the first person he's been able to hear all evening. He says the sound system in Council Chambers doesn't work well, especially for those who are older or hard of hearing. Arnerich says he has finished his 12th year on the Alameda County Fair board, and that there will be two new Alameda members serving on the board starting in January, Dawna Dowdell and Don Sherratt

9:38 p.m. There will be a town hall meeting on Thursday at the Boys and Girls Club. Details here. 

9:33 p.m. We're back. City Manager John Russo reminds people to take the website survey. There is also a survey about what sort of trees people would like to see on Park Street — you can take that here. 

9:20 p.m. A brief break. 

The city's webpage with the details of the proposed new smoking ordinance is here. Alameda Patch's . 

9:16 p.m. Councilmember Bonta moves to adopt the ordinance as most recently presented, Tam seconds. It is unanimously passed, with the addition of banning smoking on beaches. 

9:13 p.m. Council and staff discuss enforcement of the proposed ordinances. City Manager John Russo quotes Police Chief Mike Noonan from a prior meeting. "'We're not going to be the smoking police,'" he says. Enforcement of the smoking ban will be a low priority for the City. 

9:09 p.m. Mayor Gilmore says she would propose that majority of the law go into effect on Jan. 1, 2012, instead of 30 days from passage, as it's currently written. "Because that's right in the middle of the holidays," she says.

9:03 p.m. Councilmember Tam asks about enforcement in Union City, which recently passed a similar ordinance. Staff rep: "Enforcement has not been a huge thing, but I can't guarantee that it won't be — it hasn't been with the other cities."

8:57 p.m. Mayor Gilmore wonders about allowing smoking on bar patios and the residue that might be left on tables that employees clean the tables will touch. "If we allow cigarette smoking are we running afoul of our own law?" she asks. A city staffer responds by saying that bar employers are required by state law to protect their own employees. Assistant Manager Goldman says the bar owners can bus tables themselves. "We're trying to get a good, strong ordinance, but there are inherent contradictions ... there are some competing interests that we can not reconcile completely."

8:55 p.m. Councilmember deHaan says he concerned about older individuals who are so addicted they can not quit smoking. He also says he's concerned about employees who work at South Shore, wondering where they can go to smoke.

8:50 p.m. Councilmember Doug deHaan asks about the wisdom of not including e-cigarettes in the ban. "It should come into effect at some point in time," he says. "I think we gotta look at it a little closer ... hopefully we can adjust that in the next year or so."

deHaan also says he has concerns about property owners with in-law units being banned from smoking. Assistant City Manager Goldman says the law DOES NOT ban smoking on properties in which there is a home and a single in-law unit.

8:49 p.m. Councilmember Tam asks about the issue that was raised by businesses about needing more time to learn about the law. She wonders if the new law could be phased in like the styrofoam ban was. "What could we do for more, for lack of a better term, market penetration of the message," she asks.

8:46 p.m. Councilmember Bev Johnson says she would like the portions of the law governing smoking in units to go into effect sooner. "I think putting it out to January, 2013 to everybody in a multi-residential unit is a long way out." Councilwoman Lena Tam says landlords are not restricted from making changes sooner. Staff rep says nine-month is the shortest implementation period she has seen other cities use in their ordinances. 

8:44 p.m. Public comment period is over. The laws governing smoking inside individual units will not go into effect until January, 2013, allowing time for renters and owners to adjust. But all the other provisions are written to take effect 30 days from the passage of the law. 

8:42 p.m. A condo owner says she bought her condo with a balcony with the intention of smoking there, which she does. "If this ordinance passes, I'd like to have my school measure tax taken away," she says. She says she feels like her rights are being taken away — her right to use her property as she would like. 

8:39 p.m. A speaker says the law goes too far. "Protecting the minority from the tyranny of the majority" is necessary, she says. She also says the government has historically supported smoking and she says the ordinance leaves no room for anyone to smoke. 

8:38 p.m. Amy Raffle says she supports the ban, particularly in public spaces, like South Shore and Park Street. "There should be no place at the mall for second-hand smoke," she says. 

8:36 p.m. Another supporter of the new laws. "I'd strongly recommend that both restaurants and bars be included in the ban," because, she says, of employees' ongoing exposure to smoke.

8:35 p.m. Rob Ratto reads a statement (not his own, he stresses) from the Alameda Chamber of Commerce ... It says businesses were not informed about the proposed ordinance well enough in advance and they would like time for more education and discussion before the law is voted on.

8:32 p.m. Woman from Alameda County Health Department outlines the hazards of second hand smoke. She says those most impacted are children with asthma, seniors and those with compromised immune systems.

8:30 p.m. Beth Hoch, condo owner. "Cigarette smoke has been a problem in my unit for many, many years and it comes in from many, many different places ... I do feel for the smokers who have been smoking for many years, but I have to stand up for my children, for their health."

8:29 p.m. A speaker who works for American Lung Association and who also lives in Alameda. She says her organization has not been able to find a solution to the problem of what people can do who live in condos or apartments and will be banned from smoking there. "We need to keep looking for solutions and maybe some new ones," she says.

8:26 p.m. A condo owner and nonsmoker says she opposes the ban, but would support it if it exempted current property owners, saying the law as written creates too great a hardship. People will be suddenly banned from smoking in their own properties. 

8:25 p.m. A woman, speaking through a sign-language interpreter, says she has an extremely keen sense of smell and is plagued by second-hand smoke. She asks council to pass the ban. 

8:24 p.m. Someone suggests that if someone owns their property and it has a rental unit attached they should be able to choose to allow smoking in their own building. (The law allows for smoking in single-family homes with in-law units.)

8:23 p.m. Adrian Blakey, Patch blogger, spoke so briefly that I missed it. But you can see . 

8:20 p.m. Owner of the Swell Bar (the old McGrath's) says smoking is allowed on his bar's patio. He asks the City to reconsider the ban on smoking in front of bars at night. He says if people are not allowed to smoke in front of the bar, they'll go to residential neighborhoods, which will make the neighbors angry. "Ninety percent of my regular customers smoke," he says. 

8:18 p.m. A woman who lives in a condo near the beach opposes the law. She says that her complex turned down a ban on smoking last year."To tell people they can't smoke in the privacy of their own home, that's not fair," she says. She says it is one thing to ban smoking in rental units, but for those who own their units and "expect to stay their for the rest of their lives" the law is not fair.

8:16 p.m. A representative of Woodstock Homes, a cooperative in Alameda. "I feel like one-week is not sufficient," she says, to allow the board of her cooperative to respond to the law. She says they're neither pro nor con because their volunteer board of directors, like those of other similar organizations, has not had time to respond to read and respond to the ordinance. 

8:15 p.m. A speaker, a multiunit property owner, says there are some problems with the law, calls the enforcement provisions "vigilante," and asks council to work to make it an ordinance of which people can be proud.

8:13 p.m. Another speaker says she whole-heartedly supports the law. "Please vote for a comprehensive ban that will protect people from second- and third-hand smoke."

8:12 p.m. A speaker  says he's not opposed to smoking bans, but that homeowner associations should make the laws for their own complexes.

8:10 p.m. Speaker detailing the health hazards of smoke in apartments. "At home, where we spend 60 to 80 percent of our time, who protects us?"

8:09 p.m. Jack Thompson, a smoker, says he supports the new laws, but has concerns about protecting tenant's rights, as well as the rights of smokers in other places. "Smoking is not illegal in this country," he says. 

8:07 p.m. Just noticed a big, network camera here. Can't see which station from where I'm sitting.

8:06 p.m. Professor Suzaynn Schick, UCSF a Professor of medicine, says she is in favor of extending the ban to e-cigarettes because they do emit nicotine into the environment.

8:05 p.m. Mayor Gilmore says there are 22 speakers, and council votes to limit each speaker's time to two minutes (cut down from the standard three).

7:58 p.m On to the proposed new smoking ordinance. Staff explains the , which include extending the ban to existing condos and apartments, the dropping of a ban on 'e-cigarettes,' and allowing smoking on the back patios of bars like Lucky 13 and The Churchward.

7:55 p.m. Fire Department Captain Sharon Oliver describes the Local Hazard Mitigation Plan, just updated, which is designed to identify hazards in City-owned infrastructure and develop a strategy to mitigate those hazards. The plan makes the City eligible for grant funding. The Council approves the plan unanimously.

7:50 p.m. Council and staff are discussing the best way to get community input, agreeing that it's important to find ways to reach out for those who are not online. And, it's worth noting that, Assistant City Manager Goldman just mentioned Alameda Patch as a place people get their news. (Along with The Sun, The Journal, and "the blogs.") Council votes to proceed with survey and find other ways to engage community.

7:43 p.m. Councilmember Doug deHaan asks staff to clarify what Survey Monkey is. It's an online survey tool. (Tomorrow is the last day to take a survey about the city's website ... and the survey about replacement trees on Park Street is here.)

7:40 p.m. The City is planning to conduct a survey about the future of the city's many boards and commissions. 

7:36 p.m. Gretchen Lipow: "Last week there was a 'tree meeting,' and two-thirds of this chamber full and there was not a councilperson present." She says the meeting was "wild and wooly," and should have been handled like a council meeting. She asks council to engage more with the community. 

7:33 p.m. Red Wetherall registers his opposition to the proposed Land Swap.

7:31 p.m. Mayor Gilmore: "It's time for me to give my usual speech," in which she asks everyone to hold their applause and cheers during the meeting.

7:28 p.m. Al Wright of , a Park Street business, asks council to. "It is not OK with the retail merchants on Park Street to have this construction going on during the holidays," Wright says. 

7:25 p.m. The room is clearing out. There is a seat you now if you want to come down. It's time for open comment. 

7:23 p.m. Mayor Gilmore reads a long list of names of those who serve on the . The audience claps as the honorees file to the front to be recognized.

7:18 p.m. Meeting called to order by Mayor Marie Gilmore. 

7:13 p.m. Every seat is full. Lots of police officers here. I am guessing they are being thanked for their participation in the . 

7:05 p.m. Council Chambers fills up. Looks like it will be standing room only. The meeting agenda is here. First on tonight's agenda: "Presentation of Certificates of Appreciation to the Mayor’s Fourth of July Parade Committee Members."

6:59 p.m. There is a crowd here tonight. When I close my eyes I can almost take the rumble of conversation as the cheerful chatter from a holiday party.

Don't forget you can watch on the City's website or on Channel 15 on Comcast. 

The city's webpage with all the details of the new smoking ordinance is here. Mayor Marie Gilmore's "council referral," asking city staff to look at options to the "land swap" deal is attached to this article on the right. Click on it to expand the PDF.