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1991-10-15 Regular CC Minutes311 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA OCTOBER 15, 1991 The meeting convened at 7:42 p.m., (following the meeting of the Community Improvement Commission) with President Withrow presiding. The Pledge of Allegiance was led by Councilmember Camicia and Reverend Mary Rowe gave the invocation. ROLL CALL - Present: Councilmembers Arnerich, Camicia, Lucas, Roth, and President Withrow - 5. Absent: None. ANNOUNCEMENT OF CLOSED SESSION ACTIONS President Withrow announced that at the Special Council Meeting held at 6:30 p.m., Council adjourned to Closed Session to consider: 91-714 Personnel Matters: Evaluation of Appointed Employees; Appointment, Employment and Dismissal of Certain City Employees; pursuant to Government Code Section 54957 of the Brown Act. President Withrow stated the matter was not discussed; that Council will return to Closed Session if Council completes its business in a reasonable time this evening. 91-715 Significant Exposure to Litigation, pursuant to Subsection (b) of Government Code Section 54956.9 of the Brown Act. President Withrow stated no action was taken. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY. 91-716 Presentation of AAA Pedestrian Protection Program Award, by California State Automobile Association, for outstanding Pedestrian Program activities. Tom Conrad, Assistant Manager, AAA, Oakland Office, noted Mary Banks, Manager, Traffic Safety Department, San Francisco; John Morgan, Traffic Safety Consultant, AAA, San Francisco; Julie Oates, Sales Manager, Oakland District Office, were also present; commended the City for its Pedestrian Program activities; and presented the Award of Merit to Police Chief Shiells and Mayor Withrow, who expressed appreciation for the honor given to Alameda. 91-717 Presentation of Certificate of Service to Paul H. Aragon, former Member of the Golf Commission. Mayor Withrow presented the Certificate to Mr. Aragon. 91-718 Presentation of Certificate of Service to Donald R. Sherratt, former Member of the Recreation Commission. Mayor Withrow presented the Certificate to Mr. Sherratt, who expressed appreciation. 91-719 Presentation of Certificate of Appointment to Stan Shane as October 15, 1991 , Member of the Finance Committee. Mayor Withrow presented the Certificate to Mr. Shane, who expressed appreciation. CONSENT CALENDAR Mayor Withrow announced that 91-732, report regarding City-owned properties, at the request of Councilman Arnerich, was removed from the Consent Calendar for discussion; and, 91-730, Introduction of Ordinance and Resolution regarding Film Permits, and 91-740, Resolution approving Mortgage Credit Certificate Program and Agreement, were removed from the agenda at the request of the City Manager. Councilmember Roth moved the remainder of the Consent Calendar. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. *91-720 Minutes of the Regular Council Meeting of October 1, 1991, and the Special Council Meeting of October 1, 1991. Approved. *91-721 Report from Public Works Director recommending approval of Modified Allocation of Voting Shares among the cities in the Congestion Management Agency (CMA). Accepted. *91-722 Report from Public Works Director regarding request from the Park Street Business Association for an Extension of Loan Agreement for Parking Lots A and C Operations. Accepted. *91-723 Report from Public Works Director recommending that the City's Amnesty Program for Determining the Number of Legal Dwelling Units in a Structure be extended for an additional Two Year Period, until November 3, 1993. Accepted. *91-724 Report from Finance Director transmitting Investment Report for period ending September 30, 1991. Accepted. *91-725 Report from Community Development Director regarding use of proceeds from charity contribution by City's Recycling Contractor. Accepted. *91-726 Resolution No. 12160 "Urging Federal and State Agencies to Take Actions to Encourage and Permit Development, Promotion, and Use of Natural Gas and Electric Vehicles." Adopted. *91-727 Resolution No. 12161 "Awarding contract to Riley & Sons Construction, Inc. for the Construction of Wheelchair Ramps, Phase 10, No. P.W. 7-91-10." Adopted. *91-728 Resolution No. 12162 "Approving Parcel Map No. 6108 (802 Oak Street and 801 Park Street)." Adopted. *91-729 Resolution No. 12163 "Approving the undertaking of certain October 15, 1991 1 public improvements by the City on behalf of the Community Improvement Commission." Adopted. *91-730 Ordinance No. , N.S. "Amending the Alameda Municipal Code by Adding Chapter 4 to Title XIII thereof establishing Procedures, Regulations and Fees for Filming Activities, and Resolution No. establishing Film Permit Fees." Not heard. *91-731 Bills were ratified in the sum of $505,688.42. 91-732 Report from Chair, Finance Committee, regarding City-owned properties. Accepted. Councilman Arnerich stated he would like the matter continued to the next meeting for clarification purposes; he is concerned certain public open space parcels may be included in the proposed inventory of properties; wants an election ballot to include [a proposition that the disposition of] public open space parcels will not be decided by any City Council. Councilmember Lucas stated staff recommendation is that the Finance Committee's suggestion be addressed by the Public Work's Department, at which time a recommendation will be forwarded to Council. President Withrow clarified that no authority would be given to unilaterally take action to dispose of City property; the matter [of disposition] would still need to come back to Council. Councilmember Roth moved to adopt recommendation that a program be developed to inventory and catalog City owned properties. Councilmember Lucas suggested report include zoning designations; Councilmember Roth agreed. Councilmember Lucas seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Camicia, Lucas, Roth and President Withrow - 4. Noes: Councilman Arnerich - 1. Absent: None. Abstention: None. AGENDA ITEMS 91-733 Resolution No. 12164 "Appointing Larry Schulz as a Member of the Economic Development Commission." Adopted. Councilmember Camicia moved adoption of the resolution. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office and presented the Certificate of Appointment to Larry Schulz. 91-734 Resolution No. 12165 "Appointing David Elefant as a Member of the Economic Development Commission." Adopted. Councilmember Camicia moved adoption of the resolution. Councilmember Lucas seconded the motion which was carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office and presented the October 15, 1991 1 Certificate of Appointment to Mr. Elefant. 91-735 Written Communication from President, Chamber of Commerce, transmitting Chamber's Business Plan for City Council's information and review; and requesting assistance to accomplish its goals. Greg Beattie, Alameda, Board Member, Chamber of Commerce, stated the Chamber's request is for Council's assistance to allow the Chamber to get a start; the Chamber needs to provide a higher level of service, and would appreciate Council's consideration of its request. Mary J. Brandenberger, President, Chamber of Commerce, stated the Chamber has put together a business plan and proposal; noted goals, e.g., to promote City as prime location for business, assist local businesses; funding is needed for part-time person and Executive Director; and Chamber is asking only for assistance to get started. Ms. Brandenberger also noted, in response to Councilmember Roth, that the former Chamber was duplicating what Business Associations were providing; current Chamber does not want to compete but cooperate, and could handle inquiries now handled by the City's Citizen's Response Center (CRC). Councilmember Lucas stated the CRC has other functions, not just dispensing general City information, and was in existence simultaneously with former Chamber. The City Manager confirmed Councilmember Lucas's statement; and provided the background of the CRC. Ms. Brandenberger stated the Chamber would also like to provide a monthly calendar of City events. To President Withrow's question regarding business inquiries about relocation in Alameda, the City Manager responded that businesses contact the Community Development Department, however the City does not have a formal recruitment effort at this time. Robin Ablett, Coordinator of CRC, explained the purpose of the CRC; noted that although it existed at the same time as the former Chamber, its charge was to provide information and referral for Municipal services, and later, inherited some Chamber duties. Councilmember Lucas moved to refer matter to staff for analysis, and a response be provided for November 5, 1991. Councilmember Roth stated timing is poor; Council is moving to new budget period, which would be a good time during which to discuss the matter. Councilmember Lucas agreed to sixty days in which to bring back the matter. Councilmember Roth suggested the Chamber of Commerce, business associations and staff meet and discuss the matter. October 15, 1991 31 Councilman Arnerich stated funds are not available, the City has been cutting back, the recession will continue, and he cannot see putting $25,000 into the Chamber, until the City is on a sound fiscal basis. President Withrow stated he would like the analysis to include a definition of a pay back; what it will take, in terms of increased revenue for the City, to pay back funds, e.g., how many new businesses and jobs. Councilmember Lucas questioned whether Community Development funds could provide financial assistance. Councilmember Camicia stated he agrees with Councilman Arnerich about the City's financial situation; Chamber's business plan is good; however, the Chamber's first priority should be to obtain approval of neighborhood organizations which should become part of Chamber, committees of Chamber, and work together. Councilmember Roth agreed; stated that is why he would like more time, to talk to other groups, and he would like to address issue. Councilman Arnerich stated he would be voting against [assistance] because if money is found, some [City] programs should be reopened that had to be closed. The motion carried by the following voice vote: Ayes: Councilmembers Camicia, Lucas, Roth and President Withrow - 4. Noes: Councilman Arnerich - 1. Absent: None. Abstentions: None. 91-736 Written Communication from William P. Stier, Alameda, regarding Business Improvement Area activities. Kimberley Byrne, West Alameda Business Association (WABA) submitted a letter she wrote to Mr. Stier regarding his concerns. Councilmember Roth expressed concern regarding business associations' administrative costs. To Councilmember Roth's request, the Community Development Director noted costs, and related factors, for consideration. Councilmember Roth stated Council should look very closely at next year's BIA budget. President Withrow inquired whether Councilmember Roth would like to represent Council and meet with business associations and Chamber to discuss issues; Councilmember Roth responded in the affirmative. Councilmember Lucas moved acceptance of communication. Councilmember Roth seconded the motion which carried by unanimous voice vote - 5. 91-737 Hearing in consideration of Rezoning, R-91-109, to change the Zoning of six parcels classified as R-1 (One Family Residence) District, and C-M (Commercial-Manufacturing) District to an 0 (Open Space) District, located along the west and southwest shore of Bay Farm Island within a portion of the existing Shoreline Park; October 15, 1991 1 Applicants: Doric Development/City of Alameda; and Ordinance No. , N.S. "Amending the Alameda Municipal Code by Amending Article 1, Section 11-116 to Chapter 1, of Title XI (Zoning) Relating to the Establishment of Zoning Districts." The Planning Director explained the background of the matter. Dan Reidy, Alameda, stated Doric Development, favors Council's approval of the Ordinance; the critical issue was waiting until exact size of Shoreline Park was known; BCDC approved; land has been dedicated to the City; this is to fulfill Conditions for Village V and in the Development Agreement. Councilmember Camicia moved introduction of the ordinance. Councilmember Roth seconded the motion which carried by unanimous voice vote - 5. 91-738 Hearing in consideration of a Zoning Text Amendment, ZA-91-163, and Introduction of Ordinance amending the Alameda Municipal Code by adding Article 4K to Chapter 1, of Title XI (Zoning), relating to the regulation of tree removal on private property. Applicant: City of Alameda. The Planning Director explained the background of the matter. Council discussed with Planning Director, a survey of jurisdictions regarding tree preservation ordinances and permit fee charges; and the role of Public Works Department concerning permits. Tom Bowlin, stated he favors the ordinance; part of beauty and charm of Alameda is large, older trees, and protection is needed. Kurt Braun, Alameda, discussed visual impact of trees, size of trees, thousands of dollars spent by City each year on tree planting and maintenance, diverting some money to save trees the City does not need to maintain; and urged Council adjust tree size to whatever level of involvement Council wants the staff to have [as the smaller the tree size, the more trees will be included involving more staff time]. David Baker, Alameda, stated he favors the ordinance; he would like Council to remind homeowners who consider removing a tree that the tree was probably at that location long before the people came, and perhaps should be allowed to remain long after they leave. Katie Braun, Alameda, stated within 100 feet of her home, two large old-growth trees were removed last year becau.ze persons did not like raking fallen leaves and pine needles; average home ownership period is short, trees considered are 30 to 100 years old sometimes, the best interest of communities outweighs individual rights; urged Council accept Planning Board recommendation and pass tree ordinance. Michele Rivers, Alameda, stated protection of smaller trees should also be considered; noted birds neighborhood trees attract; with destruction occurring on the planet, even in small communities, the impact of trees on people's lives should be looked at. October 15, 1991 317 Herman Jorgensen, Alameda, stated people discuss the history of Alameda, e.g., Victorian houses; there is also a living history to think about. Councilmember Camicia stated the ordinance is excellent, will affect only the larger trees; believes [the ordinance] is worth a try; and if a few trees are saved, that is important to do. Councilmember Lucas stated she agrees the ordinance is excellent; however, staff will be cut back; budget improvement cannot be seen and workload on staff cannot be increased; the City cannot afford the ordinance and she will not vote for it. Councilmember Roth stated he agrees with the speaker who believes older trees with smaller circumference should also be saved; agrees with Councilmember Lucas the City does not have the staff nor expertise to implement the ordinance; he does not believe that, at this time, a tree permit is needed; and if a person wants to protect something, then that person should buy, and control, it. Councilman Arnerich stated what is good for one person might not be for another; property owners should be permitted to remove their own trees; the City has a program of planting 5000 trees within the next ten years; he agrees with the Public Works Director's summation and will not support the proposed ordinance. President Withrow responded to Councilman Arnerich's comments by stating that if Council were to look at property where cars were parked in the front yard, the owner is using property as seen fit but that is not good for the community; there are tradeoffs to look at; citizens have expressed concern for trees removed; and wish to protect the asset for the community; if there is no problem, there will not be a financial problem [for the City] because people will not be processing permits; putting the ordinance in place will not be costly; the cost will be directly proportional to the problem the City has, and if a detailed tenacious protection of buildings and facilities is continued in this community, at least some respect should also be given for the trees. Councilmember Camicia stated he does not think the cost would be great; believes President Withrow is correct that the [program] would essentially pay for itself; this should be looked at as a service; if an independent source can inform a person how to trim and/or otherwise handle a situation and perhaps save them $3000 for removal of a tree, he believes people would appreciate that. Councilmember Lucas stated, because of a borer common in Alameda, she needed to remove five cypress trees planted 12 years ago, which cost her about $1000; an arborist tried injections, but she must remove four more trees, and would not want to be required to obtain permits for each tree; most Alamedans like trees and will be conscientious. Councilmember Lucas moved to deny the recommendation from the Planning Board to adopt ZA-91-163. Councilman Arnerich seconded the motion. October 15, 1991 18 Councilmember Camicia suggested the Citizen's Response Center be instructed to keep a list of arborists on file so that residents can call when they have a question about trees and want to check before they spend a great deal of money. The motion carried by the following voice vote: Ayes: Councilmembers Arnerich, Lucas and Roth - 3. Noes: Councilmember Camicia and President Withrow - 2. Absent: None. 91-739 Appeal of a Planning Board approval of Use Permit, UP-91-167, to demolish an existing marina and to construct a new marina on a parcel located at 2415 Mariner Square Drive within the M-2 (General Industrial) District. Applicant: John Beery III * Written Communication from President, Planning Board, regarding the need to proceed with the Estuary and Tidal Canal Rezoning in connection with appeal of Use Permit (UP-91-167) for Mariner Square Marina. The Planning Director explained the background of the matter. In response to President Withrow, the City Attorney stated if the decision of Council is to uphold Planning Board's decision, it may do so without General Plan Amendment; if the Council is inclined to allow development beyond the Pierhead Line, it should refer back to the Planning Board for a General Plan Amendment. Council discussed the Pierhead Line, estuary rezoning, and the lack of enforcement [of the Pierhead Line] by the U.S. Army Corps of Engineers. John Beery, Alameda, stated the Corps of Engineers looks at each case on a case-by-case basis; he has tried two years to put in a marina to keep business in Alameda; the process takes so long, waiting is not worthwhile to most businesses; he owns land and would like to improve area because some businesses are already moving to Oakland; the boat show will move to Oakland unless he can put the marina in. Gary Thomas, representing Mariner Square & Associates, stated in the staff analysis, the statement is made that the General Plan assumes no development in the area because there is nothing shown in a diagram beyond the Pierhead Line; the General Plan speaks of Mariner Square's preservation of existing mix of water-related uses and he would submit that the General Plan allows exactly what Mariner Square & Associates are trying to do; he finds nowhere in the General Plan, other than in the glossary that there is language that construction or remodeling cannot be done beyond the Pierhead Line; the marina gives access, water visibility and good views; that is open space according to the General Plan; the report analysis states a finding cannot be made for a use permit [that favorably relates to the General Plan], therefore this project [building outboard of the Pierhead Line] is denied; however, there is already construction beyond the Pierhead Line; the Chief in charge of the Regulatory Office, Corps of Engineers, told him the Corps does not have a formal policy about regulatory construction to the Pierhead Line but October 15, 1991 19 looks at each situation on a case-by-case basis and their concern is any obstruction to navigation, and stated he would would look upon the Plan favorably with perhaps some mitigation. Councilman Arnerich inquired if Mr. Thomas passed the information on to the Planning staff and Mr. Thomas replied affirmatively. Richard Krinks, Alameda, Mariner Square property manager, stated Mariner Square currently has about 35 businesses, e.g., boatyard, sailmaker, and over 400 employees; the boat show would like to stay in Alameda; brokers stated they would move if marina cannot be put in; with a better marina, more businesses would come in with more revenue; and requested Council approve Appeal. * * * * * Councilman Arnerich moved to extend the meeting past 11:00 p.m. Councilmember Roth seconded the motion which was carried by unanimous voice vote - 5. Councilmember Camicia stated it is clear from the speakers that there are less berths; the solution is simple: remove the Use Permit condition that states building cannot be done past the Pierhead Line, and allow building to the Harbor line; a General Plan Amendment should be requested, which should only take six months; and inquired if Mr. Beery is unhappy with obtaining a General Plan Amendment. Mr. Beery replied he would like to cooperate, however he would like to be able to start submitting plans to the Corps and BCDC. President Withrow inquired if the issue of the General Plan Amendment could be made contingent. The City Attorney replied Council could consider a blanket approval subject to obtaining a General Plan Amendment; if that is done, perhaps the General Plan Amendment may be at the same time of the Corps' approval. Councilmember Camicia stated he would amend his motion accordingly. Councilman Arnerich discussed the amount of berthing with Mr. Beery. Councilmember Camicia clarified his motion is to remove Condition No. 1 [New docks shall not be permitted to encroach beyond the U.S. Pierhead Line.] to Use Permit 91-167; and allow Applicant to build to the Harbor Line, subject to obtaining a General Plan Amendment. Councilmember Lucas seconded the motion. Councilmember Lucas stated she would like to clarify that Mr. Beery will not be held up; she would rather give an unqualified unconditional approval, and after approval from the Corps, the General Plan Amendment can be done. The City Manager stated he believes the City would be on a parallel path with the Corps so if the Corps makes some adjustments, the City October 15, 1991 would be in contact with them and would reflect that. President Withrow stated he does not know why the General Plan must take six months. Councilmember Lucas stated Council must make clear to staff that this is the kind of Application Council wants to support, as it is necessary and desireable for Alameda's economy. Councilman Arnerich stated he also does not know why [the General Plan] must take six months and perhaps Planning staff can give this matter top priority. Councilmember Roth stated a reason the Plan takes so long is because of legal requirements concerning hearings, etc.; one problem in rezoning estuary is lack of staff and time; and inquired if Mr. Beery would subsidize a staff person to concentrate on the issue. Mr. Beery stated he would take the leadership to raise money from others, as well as himself, for a staff person. Councilmember Camicia clarified the staff person would be completely impartial. Mr. Beery agreed, adding the City would hire the person; he would like only to have opportunity to input along with others. Councilmember Camicia stated he would make that part of his motion. Councilmember Lucas stated if Council wants to talk about estuary rezoning and having developers contribute to staff time for that, that should be a separate agenda item, not part of current motion. The City Attorney agreed. Councilmember Camicia stated he would withdraw that portion of his motion; his motion essentially upholds the Appeal; and reiterated the motion removes Condition No. 1 [New docks shall not be permitted to encroach beyond the U.S. Pierhead Line.] to Use Permit 91-167; and, allow Applicant to build to the Harbor Line, with a General Plan Amendment. Councilmember Lucas requested the matter of the Applicant subsidizing a staff person be agendized for consideration. The motion carried by unanimous voice vote - 5. 91-740 Resolution No. "Approving a Mortgage Credit Certificate Program for the City of Alameda and Authorizing Execution of an Agreement with the County of Alameda to Establish and Administer Said Program." Not heard. At the request of the City Manager, this item was removed from the Agenda. 91-741 Resolution No. 12166 Consenting to Inclusion of City's October 15, 1991 2 Territory in the County of Alameda County Service Area for Lead Abatement and Authorizing Execution of Joint Powers Agreement and Related Documents with Alameda County. (Councilmember Camicia) John Shepherd, Assistant Planning Director, Alameda County, noted the Center for Disease Control lowered standard for lead poisoning in United States from 25 to 10 micrograms per deciliter, recommends universal screening for all children below age six because this is considered most common and societally devastating disease affecting children today, and also recommends turning from testing to prevention; and stated the program has great emphasis on local control, and entities can opt out of the program. To Councilmember Roth's question on testing children, Mr. Shepherd explained three developments at State level, a recent settlement on a lawsuit, and two pieces of legislation, which affect the issue of testing. In response to Councilmember Lucas, Mr. Shepherd stated a primary reason for not testing previously in great number, is that children going back into a leaded environment after removal of lead and metals from their systems will be repoisoned and at a higher level; the control of lead poison is by environmental remedies. Councilmember Lucas stated one concern is whether or not Alameda County coming into this matter makes sense, when perhaps the issue should be addressed on a much larger scale. Mr. Shepherd stated there is a general understanding on the State level that locals are being looked to for implementation of program. Larry Schulz, Alameda, stated this is an ethical issue; no question would be raised about a mutual aid arrangement for fire protection; this is a life and death issue, and encouraged Council to accept that and do justice. Janet McAfee, Alameda, stated she is a State vocational counselor; urged Council vote to participate in the program; the Center for Disease Control has cited lead poisoning as one of most common environmental diseases affecting young children in our society; described some results; stated other countries are ahead of the United States; $10 is a small price to pay for health of children, and compared to costs saved from affects later, is minimal. Claudia Albano, Aide to Alameda Supervisor Don Perata, stated the whole program is based upon concerns the cities have; noone will argue there is a lead poisoning problem in our community; and urged Council join the lead abatement district. Councilmember Camicia stated the report notes the City can leave the Joint Powers if the $10 assessment changes. Doug Linney, Alameda, stated the lead poisoning issue has been going on for a long time; if anything, the proposal might be too moderate in its approach to this serious problem; proposal should be fully supported; $10.00 is nothing compared to cost to community of October 15, 1991 affects of lead poisoning in children. Councilmember Lucas inquired how problems of asbestos and radon can be addressed, to which Mr. Linney replied the problems must be addressed on a program-by-program basis; the lead abatement program is an opportunity to join a program at a moderate cost. Susan Cummins, Pediatrician, Epidemiologist, California Department of Health Services, stated she works in State's Childhood Lead Poisoning Prevention Program; childhood lead poisoning is the most common environmental health problem affecting California's children; unless there are resources to abate problem, children identified with the health problem will have no resources to turn to; if payment is not made through the program, people will pay in other ways; and urged support of the program. Jenise Porter, Alameda, urged Council participate in lead abatement program; the health or life of a child, against $10 per year, makes clear that people need to join together in the program. John Scott Graham, Alameda, stated the federal government will need to pursue chemical companies and paint manufacturers; he favors removing lead and asbestos from buildings safely, but is concerned about funding. To Councilman Arnerich's questions, Mr. Shepherd responded the program is not a County program, implementation is by a Joint Powers Authority (JPA), on which the County and each City would be represented; JPA initially would use County staff, however it could use City staff, private contractors, or whomever it chose; money is collected with property tax bill, does not go to County but to JPA; the program will not lose money; for the first three years, $10 will be collected; if the JPA votes to exceed that amount after three years, Council would have the right to opt out of the program; in addition, every year thereafter, the City can opt out of the program if it wishes; the five units and 93 testings are low but realistic for a new program hiring staff and organizing; concerning the subject of certification of workers and painters: no painters are qualified to do the work in Alameda, or elsewhere, at this current time; however painters, with 3 or 4 days training, could be well-qualified. To Councilmember Lucas's comments, Mr. Shepherd stated he would not disagree with a national education program; however, that program needs to begin at a local level; regarding only five units the first year: in addition, 6200 homes and homeowners will be advised, education/medical referral will reach 200r, commented on case management and environmental screening and on affects of the programs. Councilmember Roth stated he is concerned; however, he feels there is a balance, a chance to opt out, an opportunity for input through the Joint Powers and most importantly, an investment in the future; although he had been against the program, he will support trying it; if it does not work, the City can opt out. October 15, 1991 Councilmember Camicia suggested perhaps the concerns of Councilmembers Lucas and Arnerich can be addressed if a statement is made that there will be no increase in cost. Councilman Arnerich stated the people that will be paying for the program are the people in the older homes; why cannot everyone pay; and he would like the City to take and administer the funds. Councilmember Lucas stated education is a national program; education of contractors should be on a statewide basis; eventually funds will be needed to abate the problem in the homes, but first there must be the education and testing. President Withrow stated he must support the program; given the magnitude of the issue, $10 per year is a small price to pay; it is a small start. Councilmember Camicia moved the resolution and added a stipulation that if, during the first three years, the assessment rate of $10 is increased, the City will withdraw from membership. Councilmember Roth seconded, with a condition that Council receive an agendized annual report [during the first three years]. The motion was carried by the following voice vote: Ayes: Councilmembers Camicia, Roth and President Withrow - 3. Noes: Councilmembers Arnerich and Lucas - 2. Absent: None. ORAL COMMUNICATIONS, NON-AGENDA 91-742 John Scott Graham, Alameda, stated one million teenagers in the United States have AIDS; schools and churches do not teach children about safe sex, and implied City government could do so. NEW BUSINESS AND UNFINISHED BUSINESS 91-743 Vice Mayor Lucas requested that a five-percent pay cut for the three appointed City Officials be agendized on the November 5, 1991, Council Meeting. 91-744 Councilmember Camicia stated the Recreation Commission will be submitting a recommendation that Buena Vista Park be renamed Chuck Corica Park; although he has disagreed with certain methods and approachs of former Mayor Corica, he has a respect for Mr. Corica's years of work and commitment, but does not believe Buena Vista Park should be renamed for him; he has a list of suggestions he would like to have sent back to the appropriate boards and commissions for return to Council at some point, therefore requests the Recreation Commission hold the renaming of Buena Vista in abeyance as he has another suggestion: and he submitted the following proposals for consideration: Buena Vista Park: Rename Charles Gonsalves Park after Congressional Medal of Honor winner; Municipal Golf Complex: Name Chuck Corica Golf Complex; October 15, 1991 New Golf building, or Clubhouse Memorial Road: Name after Norma Arnerich; New Library: Name Lois Hanna Free Library; New Bureau of Electricity Building: Name after William McCall; Park/Otis Senior Housing: Name George Beckam/Lloyd Hurwitz Senior Housing; Independence Plaza: Rename Anne Diament Plaza; Swim Center: Name Emma Hood Swim Center; Shoreline Park: Name Fred Cooper Shoreline Park; New baseball diamond: Dick Bartell Field [which will also need approval of Peralta College Board]; Corporation Yard or some better solution: Mark Hanna Corporation Yard; New Streets: Add all past Mayors and Councilmembers not already honored to the list; and noted the current Council is omitted. ADJOURNMENT President Withrow adjourned the meeting at 12:35 a.m. Respectfully submitted, g-4e-e DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted 72 hours in advance. October 15, 1991