1994-02-22 Special CC MinutesMINUTES OF THE SPECIAL MEETING OF THE ALAMEDA CITY COUNCIL
FEBRUARY 22, 1994
The meeting was convened at 7:40 p.m., with President Withrow
presiding.
ROLL CALL -
Present: Councilmembers Appezzato, Arnerich,
Lucas, Roth & President Withrow - 5.
Absent: None
[Councilmember Lucas arrived at 7:50 p.m.]
94-097 Amendments to Reuse Authority Joint Powers Agreement
[JPA], and action thereon, if desired.
The Base Conversion Project Manager provided background and the
status of negotiations on the Reuse Authority, reviewed the Key
Agreements of the Reuse Authority/JPA, initial draft of JPA, and
proposed membership; suggested, as described in Item No. 2, that
the Joint Powers Agreement be between the City of Alameda and
County of Alameda, and the County Board of Supervisors would enter
into Memorandum of Understanding with EBCRC [East Bay Conversion
and Reinvestment Commission] to name the three remaining members
out of that Commission. There would be a total of nine members on
the Reuse Authority - Council(5), and four regional
representatives.
* * * *
Councilmember Lucas arrived and took her seat on the dais.
* * * *
The Project Manager recommended 5-vote majority with three Council
votes in affirmative for Item No. 1. Voting, (a) through (h) [of
the Key Agreements report]; reviewed Items No. 3, Reuse Authority
to be its own fiscal agent; No. 4, The Executive Director of the
JPA is the City Manager of Alameda or his designee. The Executive
Director is to be responsible for the administration of the
Authority; No. 5, The staff of the Authority is to be hired by the
Executive Director; No. 6, The bylaws of the Authority are to be
written after the Reuse Authority has been formed; No. 7, It is
understood that the City of Oakland will enter into a Reuse
Authority/Joint Powers Agreement with the County that duplicates
the concept and terms of the Alameda JPA. The Mayor of Oakland's
participation in this JPA also assumes that an Oakland JPA will be
formed with the Mayor of Alameda's participation, and No. 8, Point
of Clarification - the JPA is the "Redevelopment Authority" within
the meaning of Title 24 of the National Defense Authorization act
of 1994.
Don Roberts, Alameda, stated he was curious whether the Authority
meetings will be noticed under the Brown Act, be public and allow
citizen comment; and questioned whether the Authority reduces the
power of the City of Alameda.
Minutes of Special Meeting, Alameda City Council
February 22, 1994
Darrell A. Caraway, Alameda, BRAG Reuse Subcommittee, stated the
Subcommittee is working on a plan that will soon be presented to
Council.
William Smith, Director, Compatible Environs, Emeryville; BRAG
Reuse Subcommittee, stated he wants interaction and networking to
occur between all agencies involved in Base Reuse.
Richard Neveln, Oakland, member of several BRAG groups, stated it
might be worthwhile to get the State involved in Joint Powers
Authority process.
Mayor Withrow noted that a verbal understanding with the group is
that a representative of the State will be an ex officio member.
Councilmember Lucas inquired if the reason for including the items
that require three votes of Council [voting as members of the
Authority], is that at some point the Alameda City Council would
also need a majority vote on [those] items.
The Project Manager responded that is one reason and another is the
importance of each of those items.
The City Attorney explained voting requirements in Item No. 1,
including that Items f, g, and h, would not require City Council
action.
Councilmember Appezzato suggested flexibility, non-violation of
Charter and/or Alameda Municipal Code, moving forward to firm
negotiations; noted bylaws will take precedence; and he can support
what has been done [discussed] tonight.
Councilman Arnerich discussed sections of Agreement that address
possibility of a member of the Authority withdrawing, and
termination of the Authority.
President Withrow stated, concerning the paragraph under Item No.
2.: "If any one of the above members withdraws from the Authority,
its replacement will be made by the County," he would like added:
"and the City of Alameda."
Councilman Arnerich stated he had suggested to the City Manager,
that "Board of Supervisors" be inserted following the word "County"
to better define what is meant by the County, and agreed with
President Withrow's suggestion.
Councilmember Appezzato suggested replacement "by the Joint Powers
Authority." President Withrow and Councilman Arnerich agreed.
Following Council discussion on the appropriate term to be used,
the City Attorney commented it could be stated, a replacement will
Minutes of Special Meeting, Alameda City Council
February 22, 1994
4
be made through mutual decision between the City Council, the City
of Alameda, and the Board of Supervisors of the County; and noted
the key agreements will be incorporated into the document approved
on December 7, 1993, the language is general language for Council's
conceptual approval and will be corrected and specified.
President Withrow proposed the phrase "the remaining members of the
Reuse Authority," as opposed to "Board of Supervisors and City."
Councilman Arnerich and Vice Mayor Roth agreed.
In response to Councilman Arnerich concerning Item No. 1, Voting,
the City Attorney clarified the 8 items (a-h] are the sole items
that would be required to include a 3-vote from the City Council
[seated as Authority]; and stated a sentence will be inserted that
states "All other votes will require a simple majority."
Councilmember Lucas noted a quorum is five people, and a majority
of a quorum would be three people; a quorum could consist of four
persons from outside of Alameda, and one Alamedan.
Vice Mayor Roth stated he wants five votes required in order for
action to be taken.
President Withrow commended the Project Manager and City Attorney
for their efforts.
Vice Mayor Roth questioned what would happen if the County wanted
to withdraw and Council wanted to continue the JPA.
The City Attorney stated 3 votes of the City Council would be
required for the County to withdraw.
Following discussion on the process of withdrawal and votes
required, Councilmember Appezzato stated there is strength in a
regional perspective, the City is protected and Council should move
forward.
Councilmember Lucas stated she noted Congressman Dellums'
commission [EBCRC] is setting up non-profit corporation.
President Withrow stated Commission is now reconsidering the idea.
Councilmember Lucas stated concern of possible overlapping areas of
responsibility between the corporation and Reuse Authority.
The Project Manager stated he does not believe there will be
overlapping because he believes Reuse Authority will be the
recognized body, by the DOD (Department of Defense), as the body in
charge of the reuse planning for the Base.
Councilman Arnerich stated, concerning Item No. 6, Bylaws of key
Minutes of Special Meeting, Alameda City Council
February 22, 1994
agreements, that the bylaws are to be written after Reuse Authority
has been formed, and he would like added: "and approved by the
Reuse Authority."
Vice Mayor Roth noted the necessity of following the Brown Act.
The City Attorney noted inclusion of the Brown Act in the Agreement
on Page 8, Section VIII, E.
Councilmember Appezzato moved acceptance. Councilmember Lucas
seconded the motion which carried by unanimous voice vote - 5.
President Withrow inquired if the Agreement will be ready in ten
days, in order to communicate with Washington, D.C., and the City
Attorney answered affirmatively.
The Project Manager stated he would communicate the outline form of
the Agreement tomorrow [February 23rd.]
ADJOURNMENT
The meeting was adjourned by President Withrow at 9:00 p.m.
Respectfully submitted,
DfA/04,te
NE B. FELSCH,
City Clerk
The agenda for this meeting was posted in advance in accordance
with the Brown Act.
Minutes of Special Meeting, Alameda City Council
February 22, 1994