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2003-11-18 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - NOVEMBER 18, 2003 - - 7:30 P.M. Mayor Johnson convened the Regular Meeting at 8:11 p.m. ROLL CALL - Present: Councilmembers Daysog, Kerr, Gilmore, Matarrese and Mayor Johnson - 5. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (03 -518) Briefing by the Information Technology Director on the achievements of the Information Technology Department. The Information Technology Director gave a PowerPoint presentation on the achievements of the Information Technology Department. Vice Mayor Daysog requested that the IT Director return with an analysis of the department's cost relative to the savings generated; for example, training previously conducted off site can now be conducted on centralized equipment; requested the analysis include costs to maintain and service the training facility versus previous costs; another example would be employees completing applications electronically; said type of comparisons would be helpful for Council to evaluate. Mayor Johnson inquired whether the on -line permit application was completed by IT, to which the IT Director responded in the affirmative. Councilmember Kerr stated having documentation available on the web site has provided public access to information; noted benefits of access in electronic format; stated the City has come a long way in the past seven years. (03 -519) Briefing by the Public Works Department on the Transportation Master Plan. Mayor Johnson announced that there will be a meeting regarding the master plan tomorrow. Councilmember Kerr stated that she requested the presentation because documentation indicated that the City would be launching a Regular Meeting Alameda City Council 1 November 18, 2003 $430,000 Transportation Plan based on a Joint Council/ Transportation Commission (TC) meeting last June; the meeting did not have a Council quorum; launching a $430,000 program should be considered by the Council. Mayor Johnson requested staff to respond. The City Manager stated the City has not launched an initiative to conduct a full transportation master planning process; there was not a vote at the joint meeting; the Public Works Director has indicated that activities are underway that will serve as a basis for launching the planning process. Mayor Johnson inquired whether the matter would be brought to Council for a vote in the future, to which the City Manager responded in the affirmative. Mayor Johnson inquired whether the matter should be brought to Council sooner, rather than later. The Public Works Director stated that staff is in the process of starting the foundation of what will be a Master Transportation Plan; the discussion from the joint meeting prompted the TC to discuss the need to be strategic and proactive; the work that Public Works is currently doing will be the foundation for the master plan and is within the authority of the TC. The Public Works Director gave a PowerPoint presentation on the Transportation Master Plan. Mayor Johnson stated if the matter needs to be brought to Council, it should be placed on an agenda for action. The Public Works Director stated the current work is within the existing budget allocation and uses existing staff time; staff is not requesting additional allocation. The Acting City Attorney stated the TC would come forward with a policy recommendation; staff is not ready to move forward with approval. Mayor Johnson inquired whether the $400,000 budget has to be approved by Council, to which the Acting City Attorney responded the budget would need to be approved if the amount has not been appropriated. Regular Meeting Alameda City Council 2 November 18, 2003 The City Manager stated the $135,000 needed for the foundational work has been appropriated; the additional $275,000 has to be appropriated. Mayor Johnson stated the question is whether the matter should be presented to the Council for action or if it is appropriate to wait. The City Manager requested the Public Works Director to explain when the project would be defined enough to be presented to the Council. The Public Works Director stated the details of the Master Transportation Plan will be fleshed out as public input is sought; staff can initiate identifying inconsistencies and the scope of work; then, staff would present the strategy, costs and possible funding sources. The City Manager inquired when the matter would be presented to Council, the Public Works Director responded four to six months. Mayor Johnson inquired how much money staff plans to spend before bringing the issue to Council; stated transportation is a very important issue; the City should not spend $135,000 if the Council will be giving different direction; bringing the matter to Council at the beginning of the project would be better than spending money and then, requesting more money from the Council. Councilmember Matarrese stated the process is backwards; the Council should give direction; concurred with Mayor Johnson that $135,000 should not be spent without Council direction; requested a report to council with preliminary recommendations from the TC and staff following the workshop; Council should be given the opportunity to refine the scope and the direction; the public should have an opportunity to hear Council's comments and provide feedback; suggested the matter be placed on an agenda in February. Councilmember Kerr stated Council direction is important because Council understands Alameda Point development; Council can ensure there is flexibility in the plan due to unknowns [Alameda Point development]; the sooner the matter is presented to Council the better; the initial $135,000 budget is Measure B funds, which could be used for other things. Mayor Johnson stated that she does not want to have staff spend $135,000 before the matter returns to Council; Council would like preliminary information for Council input. Regular Meeting Alameda City Council 3 November 18, 2003 The Public Works Director noted the $135,000 is for staff time. Mayor Johnson stated the Council's direction is to have staff compile preliminary information and bring the matter to Council prior to spending staff time, which is also a precious resource; additional resources should not be spent until the matter is considered by the Council. Councilmember Matarrese thanked the TC for tackling tough issues; stated people are concerned about traffic; there is a sense of urgency to have the matter be presented to Council. CONSENT CALENDAR Mayor Johnson announced that the recommendation to award Contract to J.W. Riley and Son, Inc. [paragraph no. 03 -523], the Resolutions Authorizing the City Manager to Submit an Application for Grant Funds for the Murray- Hayden Program and the Urban Park Act of 2001 Program [paragraph nos. 03 -527 and 03- 527A], the Resolution Authorizing the Application for Funds to Construct a Bay Trail Segment [paragraph no. 03 -528], the Resolution Amending the Management and Confidential Employees Association Salary Schedule [paragraph no. 03 -529], the Ordinance Approving and Authorizing the Sale of the Western Half of the Vacated Portion of Market Street [paragraph no. 03 -530], and the Ordinance Approving and Authorizing the Sale of the Eastern Half of the Vacated Portion of Market Street [paragraph no. 03 -531] were removed from the Consent Calendar for discussion. Councilmember Kerr moved approval of the remainder of the Consent Calendar. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *03 -520) Minutes of the Special City Council Meeting held on October 14, 2003; Special Joint City Council and Community Improvement Commission (CIC) Meeting held on October 21, 2003; and the Special City Council Meeting, the Special Joint City Council, CIC and Housing Authority Board of Commissioners Meeting and the Regular City Council Meeting held on November 4, 2003. Approved. Councilmember Matarrese noted that he would abstain from voting on the Minutes since he was absent from the November 4, 2003 meeting. [Abstention: Councilmember Matarrese - 1.] Regular Meeting Alameda City Council 4 November 18, 2003 ( *03 -521) Recommendation to accept the Quarterly Investment Report for the period ending September 30, 2003. Accepted. ( *03 -522) Recommendation to extend time by One -Year, to November 21, 2004, to file Final Map for Tract 7232 (43 County Road). Accepted. (03 -523) Recommendation to award Contract in the amount of $199,600, including contingency, to J.W. Riley and Son, Inc. for Alameda Point Multi Use Field Renovation, No. P.W. 12- 02 -18; and allocate $27,966 from the Dwelling Unit Tax Fund to provide required match. Mayor Johnson stated the Soccer Club contributed $64,000 toward the project; the City will have more sports facilities at the former Base; thanked everyone involved with the project. Councilmember Kerr inquired as to which side of main gate the fields would be installed. The City Manager responded adjacent to the gym and swimming pool, at the site of the old baseball field. Councilmember Matarrese moved approval of the staff recommendation. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote - 5. ( *03 -524) Recommendation to award Contract in the amount of $170,940, including contingency, to SpenCon Construction, Inc., for the Repair of Portland Cement, Concrete Sidewalk, Curb, Gutter, and Driveway and Minor Street Patching, No. P.W. 07- 03 -15. Accepted. ( *03 -525) Recommendation to award Contract in the amount of $167,200, including contingency, to Ransome Company for the Littlejohn Park Upgrades Project, No. P.W. 03- 03 -06; and revise the Fiscal Year 2003 -04 Budget (CIP #02 -04) to $212,150. Accepted. ( *03 -526) Recommendation to adopt Plans and Specifications for Seismic Upgrade and Facade Repair of Fire Station Number 3, No. P.W. 08- 03 -17. Accepted. (03 -527) Resolution No 13661, "Authorizing the City Manager to Submit an Application for Grant Funds for the Murray- Hayden Program Under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002." Adopted; and Regular Meeting Alameda City Council 5 November 18, 2003 (03 -527A) Resolution No. 13662, "Authorizing the City Manager to Submit an Application for Grant Funds for the Urban Park Act of 2001 Program Under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002." Adopted. Mayor Johnson stated the applications are for funds for estuary park and the gymnasium at Alameda Point; applications with matching funds would be viewed more competitively; inquired whether there is an opportunity to provide matching funds; stated property was just sold for $1 million; inquired whether the applications should be submitted with matching funds to be viewed more competitively. The Recreation and Parks Director stated one important criteria is matching fund. Councilmember Matarrese stated that when the property was sold, Council discussed putting money toward open space acquisition and maintenance. Mayor Johnson inquired how much matching funds would be sufficient. The Recreation and Parks Director stated an amount was not suggested; the application would be for $3 million, which is the maximum; $1 million would be a 33% match, which is significant; the grant application guidelines do not indicate a specific amount. Mayor Johnson stated the matter should be placed on an agenda. Councilmember Matarrese stated in addition to money, there should be a strategy on the City's aggressive lobbying efforts to make Alameda's application competitive; opportunity should not be missed; the matter should be placed on an agenda as soon as possible. Mayor Johnson stated the money would be leveraged to bring in more money to the City. Councilmember Gilmore inquired what is the grant deadline, the Recreation and Parks Director responded January 15. The Recreation and Parks Director stated that staff has been in contact with Assemblywoman Wilma Chan's office, which will try to ensure Alameda receives as many competitive grants as possible. Councilmember Kerr stated the park area needs another name; the Coast Guard housing park area has been known as Estuary Park for years; calling the proposed area by the same name is confusing; distinct names are needed; further stated the proposed park is ten Regular Meeting Alameda City Council 6 November 18, 2003 acres along 1,400 feet; inquired whether the average is 300 feet. The Recreation and Parks Director stated the proposed ten acres traverses the full length of the estuary; work must be done with several property owners in the area; staff is working to identify the best project. Councilmember Kerr confirmed her calculations; stated 300 feet depth would be great, although the depth will vary; she understands staff has a lot of work with property owners. The Recreation and Parks Director stated $3 million in funds would not cover the purchase of ten acres; staff will identify as much land as possible to acquire. Councilmember Kerr inquired how the rest of the Council feels about the park name. Mayor Johnson stated the park should be named at the appropriate point, not now; it is being referred to as estuary park and not intended as the park name. Councilmember Matarrese stated the park can be called anything for designation purposes. The Recreation and Parks Director stated the General Plan has the name estuary park and will be submitted with the application; the name can be decided in the future; estuary park is being used for consistency. Mayor Johnson stated the City should not get bogged down by the name. Deborah Greene, Estuary Park Action Committee, stated the northern waterfront neighborhood is lacking open space; the General Plan designated a park in the area; children need a park in the area. Councilmember Gilmore stated the group is determined; inquired whether funding sources that she previously discussed with Ms. Greene were being considered tonight. Ms. Greene responded in the affirmative; stated the grants are for Proposition 40 funds. Jim Sweeney, Alameda, urged Council to support the project in any way possible. Jean Sweeney, Alameda, stated the Army Corp. of Engineers would Regular Meeting Alameda City Council 7 November 18, 2003 like to divest off shore land along the estuary, which would be given to the City; suggested said land be retained, if the City receives it. Mayor Johnson stated the area is not in the same location as the proposed estuary park. Jay Ingram, Recreation and Park Commission, stated that for reference purposes, the Franklin Park is four acres. Vice Mayor Daysog moved adoption of the resolutions. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. Mayor Johnson stated Council direction is that the matching funds matter should return to Council as soon as possible. (03 -528) Resolution No. 13663, "Authorizing the Application for Funds to Construct a Bay Trail Segment Around Segments of Paden School by the Paden Parent Teacher Association; and Agreeing to Enter Into a Joint -Use Agreement with the Alameda Recreation and Parks Department for Use and Maintenance of the Bay Trail Facility." Adopted. Judy Goodwin, Paden School Principal, introduced Paden students, parents and staff. Bridgette Lundy Paine, Thais Arjo, Alexandra Arjo and Evan Karazi, Paden School Fourth grade students, urged the Council to vote for the Bay Trails project. Erik Morris, Paden School student, stated the Bay Trail would be a great place for children to play, citizens would have a place to see the Bay and it would benefit the ecosystem. Cheyenne Seff, Paden School student, urged Council to vote for the Bay Trail. Ms. Goodwin stated the project demonstrates the community working together. Clarice Olson, Paden School PTA, stated the project has had student involvement and neighborhood meetings to allow input; Council is being asked to enter into an agreement with the School District and to allow for application for funds; thanked individuals involved in the process. Regular Meeting Alameda City Council 8 November 18, 2003 Jim Sweeney, Alameda, stated Alameda has to be tenacious to keep having segments of the Bay Trail constructed; thanked everyone involved with the project. Mayor Johnson commended student participation; thanked everyone for working on the project; extension of the Bay Trail is important. Councilmember Matarrese stated the project is a gift from Paden School. Councilmember Matarrese moved adoption of the resolution. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 5. (03 -529) Resolution No. 13664, "Amending the Management and Confidential Employees Association Salary Schedule by Establishing a Salary for the Position of Telecom Operations Supervisor." Adopted. Councilmember Kerr stated the telecom business would be discussed at a Joint Meeting on Monday, November 24; until after the joint meeting, hiring should not be considered. The City Manager stated staff is needed to deliver the service; until the Council makes a decision to withdraw from the business initiative, staff needs to be hired. The Human Resources Director stated the Council action creates the position and pay classification; the recruitment process needs to take place prior to hiring. Councilmember Kerr inquired whether the Council is approving a budget for the position. The Human Resources Director responded the position has already been approved in Alameda Power and Telecom's (AP &T) budget. Councilmember Gilmore inquired whether there is a problem with postponing the matter until the next Council meeting; inquired how long it takes fill the position after Council authorizes the position. The Human Resources Director stated waiting until the December 2 would not be a problem; creating the position tonight would allow AP &T to start advertising. Councilmember Kerr moved that the matter be held over until Regular Meeting Alameda City Council 9 November 18, 2003 December 2. Mayor Johnson stated the position is probably needed regardless of the Joint Meeting on Monday. The Human Resources Director stated postponement creates a delay in the recruitment process. Councilmember Gilmore stated applicants might not apply during the holiday season. The Human Resources Director stated most positions have had a great amount of interest for most positions. Councilmember Gilmore seconded the motion. Under discussion, Councilmember Matarrese inquired whether there is any reason to wait if the position is already budgeted and is needed. Councilmember Kerr stated the City does not know how long it will be in the telecom business. Councilmember Matarrese stated the question is filling, not creating, the position; the City is currently in the telecom business and needs the position. Mayor Johnson inquired whether the Council could vote to create the position and not authorize recruiting for the position until after the Joint Meeting, November 24. The City Manager stated the staffing is needed to complete the project. Mayor Johnson noted the matter could return for Council to delete the position. Councilmember Gilmore inquired whether the position could be authorized with direction that staff not begin advertising until after Monday night, to which the City Manager responded in the affirmative. Mayor Johnson noted Council is considering a $7 million loan; AP &T will move forward with its plans in an alternative way if Council does not authorize the loan. The City Manager stated the meeting is to address financing. Regular Meeting Alameda City Council 10 November 18, 2003 On the call for the question, THE MOTION FAILED by the following voice vote: Ayes: Councilmembers Gilmore and Kerr - 2. Noes: Councilmembers Daysog, Matarrese and Mayor Johnson - 3. Councilmember Matarrese moved adoption of the resolution and the advertising and filling of the position be held in abeyance until after the Special Joint City Council /Public Utilities Board Meeting November 24. Councilmember Gilmore seconded the motion, which carried by the following vote: Ayes: Councilmembers Daysog, Gilmore, Matarrese, and Mayor Johnson - 4. Noes: Councilmember Kerr - 1. (03 -530) Introduction of Ordinance Approving and Authorizing the Sale of the Western Half of the Vacated Portion of Market Street Located South of Bridgeview Drive. Introduced. Councilmember Gilmore stated the parcel of land is being sold to two different individuals; requested transaction costs, including the appraisal and parcel map, be borne by both parties equally; inquired whether only one party paid for the appraisal. The Acting Public Works Coordinator responded both parties have paid their share. Councilmember Gilmore stated one party contacted her with concerns; that she would leave the matter to staff. The City Manager stated staff would confirm with both parties. The Public Works Director suggested that language be added to the ordinance regarding the payment. The Acting City Attorney stated that said language could be added. Councilmember Gilmore moved introduction of the ordinance [with the addition of language regarding both parties sharing transaction costs]. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (03 -531) Introduction of Ordinance Approving and Authorizing the Sale of the Eastern Half of the Vacated Portion of Market Street Located South of Bridgeview Drive. Introduced. Regular Meeting Alameda City Council 1 1 November 18, 2003 Councilmember Gilmore moved introduction of the ordinance [with the addition of language regarding both parties sharing transaction costs]. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. ( *03 -532) Introduction of Ordinance Amending the Alameda Municipal Code by Repealing Subsection 8 -22.12 (Appeal to City Council) of Section 8 -22 (Abatement, Removal of Abandoned, Wrecked, Dismantled or Inoperative Vehicles); Adding New Subsection 2 -8.6 (Appeal of Transportation Commission Decision) to Section 2 -8 (Transportation Commission) of Chapter II (Administration) and Subsection 8 -1.5 (Appeal of Technical Transportation Team); Renumbering Subsections 8 -1.5 (Place of Traffic Control), 8 -1.6 (Traffic Signals Controlled by Officer), 8 -1.7 (Safety Zones), 8 -1.8 (Neglect or Refusal to Stop), and 8 -1.9 (Police Officer Defined) of Section 8 -1 (General) of Chapter VIII (Traffic, Motor Vehicles and Alternative Transportation Modes); and Amending Subsection 2 -8.2 (Membership, Term of Office, Removal), Subsection 2 -8.5 (Duties) of Section 2 -8 (Transportation Commission) of Chapter II (Administration), Subsection 8 -8.1 (Angled Parking) of Section 8 -8 (General Parking Regulations), Subsection 8- 14.3(b), (No Cruising Zones) of Section 8 -14 (Cruising), Subsection 8 -22.11 (Hearing and Decision by Transportation Advisory Committee), of Section 8 -22 (Abatement Removal of Abandoned, Wrecked, Dismantled or Inoperative Vehicles), Subsection 8 -27.3 (Transit Stops) of Section 8 -27 (Transit Operations) of Chapter VIII (Traffic and Motor Vehicles), Subsection 12 -11 (Definitions) of Article II (On Street Parking Meter Zones), Subsection 12 -13.1 (Installation of Parking Meters) of Section 12 -13 (Parking Meters), Subsection 12- 17.6(a) (Permit Required) and Subsection 12- 17.8(d) (Prohibitions and Fines) of Section 12 -17 (Preferential Parking) of Chapter XII (Parking Lots and Parking Meters). Introduced. ( *03 -533) Introduction of Ordinance Levying Special Taxes within Community Facilities District No. 03 -1 (Bayport Municipal Services District). Introduced. ( *03 -534) Ratified bills in the amount of $1,944,034.40. REGULAR AGENDA ITEMS None. ORAL COMMUNICATIONS, NON- AGENDA (03 -535) Susan McCormack, Alameda, submitted a request to appeal a letter written by the Assistant City Manager dated November 13, Regular Meeting Alameda City Council 12 November 18, 2003 2003; stated the Webster House has been an established business for sixteen years; nothing has changed and the Planning and Building Department is requiring that the business add a drug store or obtain a use permit; the same request has been made in 1995 and 1987; gave a brief history of the property's use approvals; stated that she does not want to have a drug store or use permit. Councilmember Kerr inquired whether the decision was made by staff or the Planning Board, to which Ms. McCormack responded staff. Mayor Johnson inquired whether there is anything to be appealed. The Assistant City Manager stated the issue is complex; staff would prepare a report for Council; the letter might not need an appeal. Mayor Johnson questioned whether the City should review its bed and breakfast ordinance. Ms. McCormack stated the Health Department requires bed and breakfast establishments to have a transient occupancy kitchen, which cannot serve the general public; suggested business license codes be revised to include "food and fountain," which is a permitted C -1 use. Mayor Johnson stated the Assistant City Manager would provide Council with a report. (03 -536) Linda Larkin, Alameda, stated that she owns property at 2160 Buena Vista Avenue; her neighbor is doing construction; the contractor has been using her water and has left materials, including gasoline on her property; East Bay Municipal Utility District (EBMUD) instructed her to call the Police and Planning and Building Departments; outlined interactions with City staff; stated staff agreed to send an inspector and nothing has been done; the Police Department has not responded either; water use has continued; problems with her neighbors on Clement Avenue have also continued and have not been addressed by staff. Mayor Johnson stated a report was received on the Clement Avenue issue; stated the City has Code Enforcement; there is a continuing problem; inquired whether Code Enforcement can be more aggressive. The Assistant City Manager noted that property visits indicate that issues have been corrected and the property owner is in compliance. Mayor Johnson suggested providing some disincentives such as fines or citations; requested a report outlining other means that would provide disincentives in light of the fact that it is a continual Regular Meeting Alameda City Council 13 November 18, 2003 problem and requested staff to follow up on Buena Vista problem. Councilmember Kerr suggested that Police drive by Buena Vista Avenue to see whether water is being used from Ms. Larkin's home. Mayor Johnson offered to meet with Ms. Larkin to follow up with her or any other council member. Ms. Larkin stated that the Police Department needs to provide a report on water usage because EBMUD would do an adjustment on her water bill. Councilmember Kerr noted the problem on Clement Avenue; it is zoned M -2. COUNCIL COMMUNICATIONS (03 -537) Mayor Johnson requested that staff ensure that street contractors be made aware of street closure restrictions; stated closure is not allowed until after 9:00 a.m.; outlined problems caused by a High Street closure at 8:20 a.m.; suggested detour signage be posted to alert motorists of closures. (03 -538) Mayor Johnson requested that the Council receive periodic updates regarding the Vehicle License Fee. (03 -539) Mayor Johnson inquired whether a report on the Historic Museum's rent would be brought to Council before February; stated rent is committed through February; inquired what happens in February; suggested that the matter be brought to Council since there have been substantial rent increases over the past several years. The City Manager stated that a report would be presented to Council in January. (03 -540) Mayor Johnson thanked and congratulated Assistant City Manager Rob Wonder upon his retirement; acknowledged his responsive and respectful work ethic. Vice Mayor Daysog expressed his gratitude to Mr. Wonder for his help throughout the years and thanked Mr. Wonder for his ability as a problem solver. Councilmember Kerr stated knowing Mr. Wonder since 1970 has been a pleasure; thanked him for everything. Councilmember Matarrese expressed his appreciation of Mr. Wonder's Regular Meeting Alameda City Council 14 November 18, 2003 rapid responses in the areas of library matters, bicycles and traffic; stated issues were handled in an efficient, friendly manner. Councilmember Gilmore thanked Mr. Wonder for his involvement with City projects. (03 -541) Vice Mayor Daysog stated his concerns about Alameda Power and Telecom (AP &T) transferring funds from the electric to the telecom side; when the telecom business started, Council wanted to protect the electric side; the 1998 ballot argument stated that the communication business plan does not indicate that electric rates would subsidize cable operations; when Council issued bonds to fund cable, the notion of a firewall ensuring there is not subsidy from the electric side was reiterated by staff and Council; that he is concerned that there have been missed opportunities for staff to inform him that transfers occurred; that he found transfers through audited statements; for example the 2000 audited statement showed a $3 million transfer, which was paid back in fiscal year 2001; the June 30, 2002 fiscal year budget had another transfer, which might have occurred as a result of the Vectren deal; AP &T's fiscal year 2004 budget indicated $17 million from the electric working capital would be transferred to telecom; now said amount is going to be revised to $13 million; if AP &T obtains $7 million [from the General Fund], the net would be a $6 million transfer; questioned whether a loan constitutes a transfer; stated that he has questions about the firewall - -was it for construction or was it for everything ?; the January 18, 2000 minutes indicate it [firewall] was for everything; that he would like more information on the $16 million transfer, which on top of the $17 million transfer, in the fiscal year 2004 budget; noted the $16 million from the bonds has already been exhausted; the citizens of Alameda should know about the system financing; telecom should move forward; however, structures and systems should be in place that ensure there is firm footing. Mayor Johnson noted a Joint Meeting is scheduled for Monday; said issues can be addressed; suggested Council members give specific questions to staff ahead of time. The City Manager stated the more questions staff can have ahead of time, the more can be prepared for and addressed as part of the presentation. (03 -542) Councilmember Kerr noted that a past Council resolution addresses when final decisions of the Council can be reconsidered; the City Attorney does not consider a resolution strong enough; suggested direction be created to address how many times an item Regular Meeting Alameda City Council 15 November 18, 2003 can return to Council after a final decision has been made; stated the City Attorney's opinion is that there should be an ordinance; requested Council consider an ordinance to codify the current resolution. Mayor Johnson noted that the matter should be considered with a report under Council Communications. Councilmember Kerr stated the resolution is being ignored; if the resolution is meaningless, an ordinance should be considered; noted the litigation issue discussed tonight was brought back after a final decision was made. Mayor Johnson noted that litigation issues often require further direction and can go on for years; requiring that litigation items come to Council only once would make her uncomfortable. The City Manager suggested the existing resolution be placed under Council Communication to allow Council to discuss the issue and decide whether an ordinance should be prepared. (03 -543) Councilmember Gilmore noted that the CalTrans's tube closure signs are still up; requested staff to address the issue; stated the signs could be detrimental to Webster Street merchants during the upcoming holiday season. Mayor John suggested that the signs read: THE TUBE IS NO LONGER CLOSED. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 10:24 p.m. Respectfully Submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council 16 November 18, 2003