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1991-04-16 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA APRIL 16, 1991 The meeting convened at 8:10 p.m. (following the Community Improvement Commission Meeting) with President Corica presiding. Councilmember Camicia led the Pledge of Allegiance. Reverend Wilfred H. Hodgkin gave the invocation. ROLL CALL - Present: Councilmembers Arnerich, Camicia, Thomas, Withrow, and President Corica - 5. Absent: None. ANNOUNCEMENT BY MAYOR OF CLOSED SESSION ACTIONS President Corica announced that, prior to the regular meeting, Council adjourned to Closed Session to consider: 91-233 Initiation of Litigation pursuant to Subsection (c) of Government Code Section 54956.9 of the Brown Act: authorized initiation of litigation against the County for booking fees. President Corica commented the State has authorized Alameda County to assess charges for booking fees which, for Alameda, could possibly be $200,000 a year; Alameda will pool resources with other cities to sue the County. 91-234 Personnel Matters pursuant to Government Code 54957 of the Brown Act: took no action. MINUTES Councilmember Camicia moved approval of the Minutes of the Regular Council Meeting of April 2, 1991. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. President Corica noted reorganization of Council would take place shortly. Councilmember Camicia extended good wishes to Councilmember Thomas and President Corica, commenting they had both worked hard and served the City well. President Corica expressed his thanks, expressed appreciation to his family; is proud to have been elected Mayor three times; stated the new Council will work hard to improve the quality of life in Alameda. President Corica suggested the new Council adjourn its meeting, and consider lowering the flag, in memory of Charlie Santana, Alameda County Board of Supervisors. Councilman Arnerich recognized the wife and family of Mayor Corica. April 16, 1991 REORGANIZATION OF COUNCIL - 8:00 p.m. 91-235 Installation of newly elected City Officials. The Honorable Richard Haugner, Judge of the Superior Court, administered the Oaths of Office to: Mayor-elect E. William Withrow Councilmember-elect Joseph A. Camicia Councilmember-elect Karin Lucas Councilmember-elect Richard A. Roth Following a brief recess, Mayor Withrow proposed the resolution of commendation of former Mayor Corica be taken out of order. 91-236 Resolution No. 12094 "Commending Chuck Corica for his service to the City of Alameda as Mayor, Vice Mayor, and Councilmember." Adopted. Councilmember Camicia moved adoption and Councilmember Lucas seconded the motion which was carried by unanimous voice vote - 5. Mayor Withrow read the resolution commending Chuck Corica; extend( his best wishes, and presented a framed copy of the resolution, t former Mayor Corica. 91-237 Consideration of appointment of Vice Mayor. Councilmember Roth nominated Karin Lucas as Vice Mayor. Councilmember Camicia seconded the motion. In response to Councilman Arnerich's question, Councilmember Lucas stated she has a very flexible time schedule and therefore believes she can handle the demands of Vice Mayor. The motion was carried by unanimous voice vote - 5. 91-238 Roll Call - New City Council Present: Councilmembers Arnerich, Camicia, Lucas, Roth and President Withrow - 5. Absent: None. Mayor Withrow, as the 26th Mayor of the City, introduced the new Council, his family, thanked his campaign committee and family for their support, and the voters of Alameda for giving him the opportunity to serve as Mayor; and commented he looks forward with optimism an, enthusiasm to serving with the Council. * * * * * * 91-239 President Withrow requested the City Manager to convene a Work Aoril 16, 1991 97 Session within 30 days to call for a report by the chairperson of each commission, committee, and board addressing objectives, goals, strategies, priorities, problems, key issues, and the current status of the body represented; and stated from that information, a charge can be formulated from the Council to each body. 91-240 President Withrow requested Councilmembers to treat City Staff, and Staff time, as a valuable commodity. 91-241 President Withrow requested each Councilmember to provide an outline agenda to the City Manager, City Attorney and City Clerk, two to three hours in advance of any meeting or telephone call. 91-242 President Withrow requested Councilmembers to provide a list of questions or issues to the staff at least four hours prior to a Council Meeting or Work Session that would indicate the areas they intend to pursue or interrogate that evening. 91-243 President Withrow requested staff to prepare a form to be used by Councilmembers to convey issues raised by constituents, or Councilmembers, for action by the staff. 91-244 President Withrow requested staff prepare and implement a system to monitor and manage those reports, providing feedback to Council on a monthly basis, the second regularly scheduled meeting of each month, as to the status of the issues, requests, and their ultimate disposition. 91-245 President Withrow requested projects be assigned to individual Councilmembers, so that talents can be utilized in a fact finding manner, and they would report back to Council on issues requested to pursue, both in writing and verbally, and he envisions that would involve fact-finding forums throughout the City. 91-246 President Withrow requested the Agenda for each Council Meeting include a segment for Councilmembers' Reports; that each Councilmember prepare a written and verbal report on projects under their cognizance including the status of current key issues of committees to which Councilmembers are assigned on a County-wide basis. 91-247 President Withrow stated his objective is that the major policy development that Council pursues will come from the people of Alameda through the established boards, commissions and committees to be "scrubbed" by the staff, but, from the people to the people, for policy. Councilman Arnerich stated it is appropriate of the new Mayor to request these items of Council and the public, much has been presented, the Mayor's words are well-received, and he [Arnerich] will review the requests very carefully. Councilmember Roth stated he believes the Mayor's comments were addressed to the public to allow them to know what he would like to do; introduced his wife, Barbara, thanked his [campaign] committee for support and guidance; stated he is proud of them and will work hard so they can be proud of him; thanked voters for the opportunity to serve and be part of Council. April 16, 1991 Councilmember Lucas thanked supporters, and campaign workers; wisl- former Mayor Corica and Councilmember Thomas well; requested Alameda_ express their concerns; stated she believes City staff will do an excellent job for Council and has confidence in Council appointees, the City Clerk, City Attorney and City Manager; Council has serious tasks ahead and is confident Council will work together effectively for the good of the community. Councilmember Camicia stated Mayor Withrow's suggestions sound good; believes anything that opens up the process is a good idea; noted he will be available to meet the public on Saturday, 9:00 a.m. until noon, Saturday, [4/20/91] at Sunny Beans Coffee, Park Street, to receive questions and concerns from the public; introduced, and expressed appreciation for, his family. Councilmember Camicia extended sympathy to County Supervisor Charlie Santana's family. Councilmember Camicia thanked County Supervisor Perata for his strategy to save the Naval Air Station [from closure]; requested a resolution on the next agenda commending Supervisor Perata and Jim Copeland for efforts; he thanked supporters, City staff, which he believes is superior and earns its salary; and looks forward to people joining together to fight problems and issues and Council needs everyone' assistance; and he looks forward to working with Council. President Withrow requested Oral Communications be taken out of order. ORAL COMMUNICATIONS, NON-AGENDA ITEMS 91-248 Gerhard Degemann, 19 Sandpiper Place, congratulated the newly elected officials; stated he hopes changes to be made will not be too drastic; and wished Council success. 91-249 Janet McAfee, 478 B Central Avenue, read a letter from State Assemblywoman Barbara Lee, Sacramento, stating congratulations to Mayor Withrow and anticipation of working with him on the critical issues affecting the City of Alameda. 91-250 Rich Sherratt, Alameda, commented on Councilmember Camicia's remarks regarding Supervisor Perata's efforts in organizing the group to go to Washington, D.C., in addition to Mayor Corica's efforts, and the involvement of Mayor Withrow, toward keeping the Naval Air Station open, presenting the view of Alameda's citizens, and conversing with Senator John Seymour, on the subject. President Withrow stated it was an honor to have been requested tc participate; and agreed the [organization of efforts] was done vex well. 91-251 Charles Tillman, 2415 Roosevelt Drive, complimented Council for its efforts during the election, stated he believes Council has a great deal of work ahead; and would like Council to call on him if he can be April 16, 1991 99 of assistance. 91 -252 Amey Stone, Alameda, offered congratulations to Council, stated Council has a great task ahead, and the citizens look forward to helping in any way possible. CONSENT CALENDAR At the request of Councilmember Roth, 91 -274, report Lead Environmental Abatement District, and at Councilmember Lucas, 91 -275, and 91 -276, resolutions and Waterfront Improvement Project, were removed Calendar and placed on the regular agenda. Councilmember Camicia moved approval of the remainder of the Consent Calendar. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. regarding proposed the request of regarding Business from the Consent Items so approved or adopted are indicated by an asterisk. REPORTS AND RECOMMENDATIONS *91 -253 From Public Works Director recommending acceptance of work by N. V. Heathorn, Inc., for heating and ventilation system improvements at the Mastick Senior Center, No. P.W. 8- 90 -11. Accepted. *91 -254 From Public Works Director recommending authorization of execution of Agreement for Engineering Design Services with Kaldveer Associates for Mariner Square Drive Bulkhead Repairs (Earthquake Damage Repairs). Accepted. *91 -255 From Public Works Director recommending award of contract for the construction of wheelchair ramps, Phase 9, No. P.W. 10- 90 -15. Accepted. *91 -256 From Public Works Director recommending authorization of execution of an Agreement between the City of Alameda and Alameda County Flood Control and Water Conservation District, the County of Alameda, and the Cities of Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro and Union City to implement the Alameda County Urban Runoff Clean Water Program and approving Alameda's share of the program. Accepted. *91 -257 From Finance Director transmitting the Single Audit Report (prerequisite for receipt of Federal Funds). Accepted. *91 -258 From Finance Director transmitting Investment Report for period ending March 31, 1991. Accepted. RESOLUTIONS *91 -259 Resolution No. 12095. "Authorizing the submittal of an application for funding, the execution of a standard agreement and any April 16, 1991 100 amendments thereto, and any related documents necessary to participe in the California Housing Rehabilitation Program for Owner-Occup: Housing and to secure a commitment of funds from the Ca1iforna Department of Housing and Community Development." Adopted. *91-260 Resolution No. 12096. "Designating the Transportation Plan Commission as the Congestion Management Agency and authorizing the Mayor to execute the Joint Powers Agreement regarding the Congestion Management Program." Adopted. *91-261 Resolution No. 12097. "Approving the Application for Grant Funds under the Lucky/A's Youth Baseball Fields Program for construction of baseball facilities at Encinal High School." Adopted. *91-262 Resolution No. 12098. "Authorizing submittal of Grant Application for California Transportation Commission Proposition 116 Funds for 1) Alameda Gateway Ferry Terminal Upgrades, 2) Alameda Municipal Ferry Vessel Purchase, and 3) Bay Farm Island Bike Bridge Project." Adopted. INTRODUCTION OF ORDINANCES *91-263 Ordinance No. N.S. "Amending Section 17-342.4 of Chapter 3, Article 4, Title XVII of the Alameda Municipal Code ar' repealing subsections (22) and (26) of Section 17-342 relating - parking restrictions on Saturdays on the South Side of Central Avenl_ between Regent and Broadway and on the east side of Regent Street south of Central Avenue." Introduced. *91-264 Ordinance No. , N.S. "Relating to Standards and Training for Corrections Program enabling training for new jail staff." Introduced. BILLS *91-265 Bills, certified by the City Manager to be correct, were ratified in the amount of $1,070,010.61. WRITTEN COMMUNICATIONS 91-266 From Roberta Cole, Alameda, suggesting Council consider promoting bicycle commuting in Alameda, and declare May 15, 1991, as "Bike to Work Day." Roberta Cole, 2525 Noble Avenue, stated Caltrans has begun an Office of Bicycle Facilities with duties including developing guidelines to administer $20,000,000 of State funds earmarked for commuter bike facilities, e.g., local bike lanes; suggested Alameda take advantage of the opportunity, and that people of prominence ride bicycles as c example and encouragement to others. David Plummer, 1401 High Street, congratulated newly elected Mayor and Council; stated he participated in the efforts which resulted in bicycles on BART; the way to promote Traffic Systems Management is to April 16, 1991 101 make an alternate means easier, and urged Council support the proposed Bay Farm Island bike bridge. The Public Works Director stated staff has sought funds from all sources, and an application for Proposition 116 funds on the agenda, is for funding the bike bridge. Councilmember Camicia moved approval of the staff's recommendation [to declare "Bike to Work Day," May 15, as a City-sponsored event; and to request Public Works and Recreation Departments to work with the interested parties to develop and implement a capital improvement program which includes funding from City and grant programs]. Councilmember Lucas seconded the motion which was carried by unanimous voice vote - 5. 91-267 From Mr. Kurt Braun, Alameda, resubmitting a tree ordinance proposal for the preservation of large trees on private property. Councilmember Camicia stated Mr. Braun is concerned about impact when someone arbitrarily cuts down long-established trees; has submitted a proposed ordinance similar to Oakland's ordinance; and he would like Council to look at an ordinance that would protect Alameda's older trees. Councilmember Lucas agreed, stated she has some reservations but would support a tree ordinance to protect trees on private property if they are indigenous, of a certain age, and are slow-growing; and would support referring the matter to the Planning Board. President Withrow stated the proposed ordinance calls for obtaining a permit from the City to remove a tree. Councilmember Lucas stated her concern is that it should not be necessary to take out a permit, pay a fee, and have action held up if a diseased tree should be removed and can easily be replaced. Councilman Arnerich stated Councilmember Lucas's statement is well taken; if the matter is taken to the Planning Board, the Board should be cognizant of government intrusion, and should be very kind in drafting an ordinance. President withrow inquired if there are any constraints currently. The City Manager stated there are no constraints on private property, however if the tree is on City property, between the sidewalk and curb, that would be the City's tree and could not be cut down; the proposed ordinance is laid out in two sections, exemptions and discretionary permit issuance, and some of the issues raised by Councilmember Lucas are listed under permit issuance; the trees' health and vitality could be placed under exemptions. Councilmember Camicia stated the ordinance submitted is not a City ordinance, he would like to start the process, send the matter to the Planning Board, and he has no problem with incorporating Council suggestions. April 16, 1991 1 0 Councilman Arnerich agreed but would like his concerns regardi government intrusion to be taken into account, and he has concerns t older citizens who might be financially affected by tree trimming requirements. Councilmember Roth agreed with Councilman Arnerich's concerns; stating he has reservations about government intrusion. Councilman Arnerich suggested staff review the matter and come back with recommendations that would be beneficial to the City and to the homeowners; noted overhanging trees of neighbors are a concern to citizens and inquired about the procedure. The City Manager stated there is no City ordinance covering the problem; the neighbors must settle the matter themselves, and if they cannot, the next recourse is to take the matter to court. The City Attorney confirmed that is correct, and added that generally the remedy is to have the private property owners resolve the matter between themselves. Councilman Arnerich moved the matter be taken to the Planning Board for review and recommendation. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. HEARINGS 91-268 Consideration of Fiscal Year 1991-92 Statement of Community Development Objectives and Projected Use of Funds and Related Reprogramming of Prior Years' Funds. The Community Development Director reviewed the background of the matter. In response to Councilman Arnerich's inquiry regarding contingency account and administrative costs, the Community Development Director replied the amount in Contingencies [$90,700] cannot be exceeded as ten percent is the maximum that can be carried in contingency; the administrative costs are a statutory maximum of twenty percent and the amounts shown are less than twenty percent. Councilman Arnerich stated he wants to be sure the Economic Development Office is not charging more than a fair share of the administrative costs to the program. The Community Development Director replied the City's Auditor audits annually, and forms are submitted to the Federal Government, to prove what the costs are on an administrative basis. Councilman Arnerich commented on the importance of staying within constraints and guidelines set forth. Councilmember Lucas commented on a reference to the rental situation in Alameda under Citywide Needs for Public Services [1991-92 Community Development Plan], as "escalating rents" and stated she believes the escalation has been minor for several years, and last year people were April 16, 1991 103 given discounts e.g., one month's free rent for tenants who would sign a lease; is most concerned about the statement "housing discrimination" which is included, and inquired if cases of housing discrimination are alleged to be existing in Alameda, and if the Director has specific knowledge of that; to which the Community Development Director stated last year approximately thirty cases were pursued to the point that there was a determination that there was some level of discrimination. To Councilmember Lucas's question if that was a Court determination, the Community Development Director stated she believed it would be useful to provide statistics on last year's fair housing and the first two quarters of this year. Councilmember Lucas stated she has no problem with the counseling program but does not agree there is housing discrimination in Alameda generally, believes the statement is inaccurate and inquired if the statement could prove harmful to the City. The City Attorney stated there is a question of whether housing discrimination is caused or implemented by the City; the comment may be referring to private housing discrimination. President Withrow stated he has a question similar to the Vice Mayor's, and inquired if having the statement in the plan is tacitly recognizing that the City observes discrimination in housing and therefore if there is nothing to address it, the City is remiss. The Community Development Director replied certifications that must be submitted to the Federal Government pursuant to the receipt of the funds, must certify the City will affirmatively further fair housing in a positive way; that is done in a multi-pronged way, one of which is to have a resource to explore the concerns of Alameda citizens. Councilmember Lucas stated she has no problem with preventing any housing discrimination in a counseling program but it is her experience that housing discrimination does not exist in Alameda, and prefers that be eliminated. The Community Development Director stated staff will try to revise the Plan and return it to Council to determine whether staff accomplished Council's objective. Councilmember Roth stated thirty cases is not an unreasonable number, he does not consider that prevalent; the report is noting services should be provided to deal with the matter. Councilmember Lucas responded she does not object to the services; but the statement does not help the City. Councilman Arnerich stated no percentage is mentioned and the wording could be construed to be reflecting that the entire City has housing discrimination. The public portion of the hearing was opened. April 16, 1991 104 On the call for proponents and opponents, there were none. President Withrow closed the public portion of the hearing. Councilman Arnerich moved acceptance of the Staff report, and direction to staff to report back with a revision [to the 1991-92 Community Development Plan, as discussed by Councilmember Lucas], that could not be construed to be all-inclusive, unless the Community Development Director is adamant that the wording should remain as it is. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. [See also paragraph following 91-269] REPORTS AND RECOMMENDATIONS 91-269 From Parade Chair, Ralph Appezzato, requesting authorization for Mayor's Annual Fourth of July Parade. Councilmember Camicia moved acceptance of the report and recommendation. Councilmember Roth seconded the motion which was carried by unanimous voice vote - 5. The City Manager requested clarification that the motion on hearir. [paragraph 91-268] included deferring the related resolution [91-273: Council confirmed the matter is to be brought back with revised wordinc-, and the related resolution would therefore be considered at that time. 91-270 From Public Works Director regarding status of Airport Roadway Project. Councilmember Camicia stated one of the caveats placed by the City on the project is that some benefit to the City be shown; believes the building of the roadway has been proven to be of benefit to the City, and moved report and recommendation [to authorize increased cost on initial study, agreement with ICF Kaiser Engineers, and 35.5% City share of project costs]. Councilmember Lucas seconded the motion which was carried by unanimous voice vote - 5. 91-271 From the Finance Director transmitting the external auditor's recommendation for improvements in internal controls. Councilmember Camicia moved acceptance of the report. Councilmember Lucas seconded the motion. Councilmember Lucas commented she sees some problems with the recommendation item #1 to add an additional staff person because of budgetary problems. Councilman Arnerich stated that is a valid item for discussion and inquired about funds involved. April 16, 1991 105 The city Manager stated staffing levels and costs in the budget will be brought back to Council for review, and will include recommendations for reductions in service levels and the budget analyst position will be included for review. Councilmember Camicia amended the motion to accept the recommendation with the exception of Recommendation No. 1 [to hire budget analyst], and defer consideration of that recommendation to Budget discussions. Councilmember Lucas seconded and the motion was carried by unanimous voice vote - 5. RESOLUTIONS 91-272 Resolution No. . "Commending Barbara Thomas for her service to the City of Alameda as Vice Mayor and Councilmember." President Withrow announced former Councilmember Thomas requested that this item be pulled from the agenda. 91-273 Resolution No. . "Reprogramming Prior Year's Funds, adopting Fiscal Year 1991-92 Statement of Community Development Objectives and Projected Use of CDBG Funds and authorizing execution of Certifications, Grant Agreement and related documents." Consideration of adoption deferred; see paragraph following 91-269. 91-274 From Community Development Director regarding proposed Lead Environmental Abatement District (LEAD) in Alameda County. Councilmember Roth stated he does not have a problem with the resolution, but wanted Council to be able to give some direction to staff on the matter; the County wants to add $10 a year to everyone's taxes on houses built before 1978; and he has strong reservations about the matter. The Community Development Director stated staff has been participating with the County in attempting to understand how the County will address affects of lead-based paint primarily on children under seven; the County wants cities to join them in the program; staff believes the proposed program is unclear and is looking to Council for guidance. Councilman Arnerich stated he, for example, has a home built in the forties but has repainted with a non-lead paint, put on aluminum siding, etc.; and would like to know who implements checking the homes; and will there be a flat charge of $10. The Community Development Director replied the current proposal is for $10 per home. Councilman Arnerich raised other questions regarding handling of finances, and the Director replied the details of the program are emerging slowly; the affects of lead-based paint on children under seven are serious, and a lot of benefits could accrue to the City regarding lead abatement, by staying connected to the planning process. Councilman Arnerich stated the County is looking at ways to obtain more April 16, 1991 106 money and he has a problem with this. President Withrow noted the City would not adopt a formal resolution o. support until City concerns to the development of a multi-year work plan are addressed; the City wants to know more before making any commitment. Councilman Arnerich stated he would not favor moving on this matter until Council is sure where the money is going and what the long range implications of funding are; he would not want to say Council is endorsing this. Councilmember Roth stated the County should be aware that many older homes have had woodwork stripped and outside paint removed, and should be excluded from the $10 fee just as new houses are excluded; some homeowners have already spent money in lead abatement; and that input should be taken to the County. Councilmember Lucas stated concern that approximately $272,000 annually would be collected but only about $150,000 would benefit people with lead paint in their homes; other hazards, e.g. asbestos, are present in homes; programs like the one under discussion are make-work for civil servants and do not solve community problems; the community needs to be educated, and believes the Federal government will provide education without County involvement, does not believe it makes sens to assess every homeowner in Alameda, and the proportion of benefit - the ultimate consumer to the money raised is not acceptable to her. Councilmember Roth moved adoption of the recommendation. Councilmember Camicia seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Roth, Camicia, and President Withrow - 3. Noes: Councilmembers Arnerich and Lucas - 2. Absent: None. Mayor Withrow noted for clarification, the motion [recommendation] states Alameda does not support the program as stated but is interested in hearing about future developments regarding the program. 91-275 Resolution No. 12099. "Consenting to and calling a Joint Public Hearing for May 21, 1991, on the Proposed Community Improvement Plan for the Business and Waterfront Improvement Project and the Final Environmental Impact Report relating thereto." Adopted. Councilmember Lucas stated that she has been advised she may have a potential conflict of interest, does not own property in the improvement district but owns property within 300 feet of the district; the City Attorney is requesting an opinion of the Fair Political Practices Commission regarding whether she [Lucas] might be eligible to vote on future related matters; and she will abstain on this item and the next item (91-276). Councilmember Camicia moved adoption of the resolution. Councilmembe Roth seconded the motion which carried by the following voice vote Ayes: Councilmembers Arnerich, Camicia, Roth and President Withrow - 4. Noes: None. Absent: None. Abstentions: Councilmember Lucas - 1. 91-276 Resolution No. 12100. "Electing to receive all or any portion April 16, 1991 101 of the tax revenues pursuant to Health and Safety Code Section 33676. (Business and Waterfront Improvement Program)" Adopted. Councilmember Camicia moved adoption of the resolution. Councilmember Roth seconded the motion which carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Roth and President Withrow 4, Noes: None. Absent: None. Abstentions: Councilmember Lucas 1. [See previous paragraph (91-275)]. 91-277 Resolution No. 12101. "Expressing support of Senate Bill 82 by Senator Kopp, Property Taxation - Change in Ownership." Councilmember Lucas moved adoption of the resolution. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. Councilman Arnerich inquired if a company spins off several divisions until 49% is owned by the company and 51% is owned by its subsidiaries, how would the matter be handled. Councilmember Camicia commented he would like to see the City gain some revenue; and he will attempt to find an answer to Councilmember Arnerich's question when he takes the finalized resolution to Sacramento. The City Manager noted the Bill would not be retroactive but would be for future transactions for ownership changes up to 50%; about a month ago, Councilmember Thomas brought the matter up to the City noting that perhaps a review should be made at the State level and shortly after, the Bill was brought up. UNFINISHED BUSINESS 91-278 President Withrow requested the City Clerk to poll each Councilmember to determine a new date for a Joint Work Session with the Finance Committee within the next thirty days, if possible. 91-279 President Withrow stated that Bay Area Rapid Transit [BART] has pulled out of the City's BART Shuttle program, and inquired about the $350,000 set aside by BART on February 8, 1990 for a Park and Ride Lot for Alameda. The City Manager responded that the BART Board, following the collapse of the Cypress Structure, requested the City to look at Cypress Corridor funds; however, staff is currently asking BART to reconsider its position. President Withrow stated BART had dropped down to $68,000 and that he would like to resurrect the $350,000 given the fact that Thirty-Six Million Dollars have been put into the pot for BART; that he will be meeting with BART Director Margaret Pryor on April 22nd and Councilmembers are invited to share with him any items they would like addressed at that time. 91-280 Councilmember Camicia stated a permanent board or body should be explored to look at the Base Closure issue on a regular basis, and April 16, 1991 suggested the matter be placed on a Council Meeting Agenda. Councilmember Lucas commented that is a. good suggestion. President Withrow stated, also, if that kind of a structure is shown, the City would have a good foundation to go back to the Office of Economic Adjustment and tap some of the monies it has, for provision to cities to do contingency planning. NEW BUSINESS 91-281 Councilmember Roth stated that he has requested the City Manager to place an item [broad category] on an Agenda which will allow Council to discuss issues such as the three-minute rule [for speakers], Agenda Format, and Board & Commission Appointments. 91-282 Vice Mayor Lucas stated that she would like to request the resignation of the Council-nominated members on the Finance Committee and Port Authority Task Force who no longer have sponsors; and requested the matter be agendized. The City Attorney stated the matter will be brought back at the next meeting as an information report, and an action item if Council desires. 91-283 Councilman Arnerich requested the City Manager's Office t provide Council with six-month Boards and Commissions AttendancE. Reports, starting with the end of June, 1991. 91-284 Vice Mayor Lucas requested that the Library matter be placed on the next Council Meeting Agenda. 91-285 President Withrow appointed Vice Mayor Lucas and Councilmember Camicia to serve as the City's representative and alternate representative, respectively, to Association of Bay Area Governments (ABAG). 91-286 President Withrow appointed Councilman Arnerich and Councilmember Roth to serve as the City's representative and alternate representative, respectively, to Alameda County Training and Employment Board/Associated Community Action Program (ACTEB/ACAP). 91-287 President Withrow appointed Vice Mayor Lucas and Councilmember Roth to serve as the City's representative and alternate representative, respectively, to League of California Cities, East Bay Division. 91-288 President Withrow appointed Councilmember Camicia and Councilman Arnerich to serve as the City's representative and alternate representative, respectively, to Airport Land Use Commission [Subsequently, City advised by ALUC that appointments are made throug. the Mayors' Conference.] 91-289 President Withrow requested Councilmember Camicia to be the City's legislative liaison in Sacramento, and officially identify that April 16, 1991 109 as an action role within the Council. 91-290 President Withrow stated he would like to pursue Councilman Arnerich's appointment to the Air Quality Control Board. ADJOURNMENT 91-291 President Withrow adjourned the meeting at 10:45 p.m., in memory of Alameda County Supervisor Charlie Santana, as requested by former Mayor Corica; and Councilman Arnerich requested the City flag be flown at half staff for Supervisor Santana. Respectfully submitted, Age DI' E B. FELSCH, CMC City Clerk The agenda for this meeting was posted 72 hours in advance. April 16, 1991