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1987-04-28 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA APRIL 28, 1987 The meeting convened at 7:30 p.m. (at the conclusion of the Closed Session to consider Rolfes v. City of Alameda, City of Alameda v. Southern Pacific Transportation, and the Worker's Compensation claim of Toni Giusto; and the meeting of the Community Improvement Commission) with President Diament presiding. Reverend Robert Keller gave the invocation. ROLL CALL - Present: Councilmembers Corica, Hanna, Lucas, Monsef, and President Diament - 5. Absent: None. MINUTES Councilmember Monsef made a motion for approval of the minutes of the Regular Council Meeting of April 7, 1987, Councilmember Corica seconded the motion and it was carried by unanimous voice vote - 5. CONSENT CALENDAR Upon request of the public, Items 1 -B and 1 -K were removed from the consent calendar and placed on the regular agenda. Councilmember Lucas moved for adoption of the Consent Calendar with the exception of Items 1 -B regarding the proposed sale of obsolete equipment (See 87 -298), and 1 -K regarding the exchange of parcels adjacent to the Alameda Marina Village lagoon (See 87 -311). Councilmember Corica seconded the motion and it was carried by unanimous voice vote with the exception that Councilmember Corica voted No on 1 -S (See 87 -283). Items so enacted or adopted are indicated by an asterisk. REPORTS AND RECOMMENDATIONS *87 -267 From Finance Director on City's Investment Portfolio as of March 31, 1987. Accepted. *87 -268 From Public Works Director regarding Phase I evaluation for telephone system upgrading. Accepted. RESOLUTIONS *87 -269 Resolution No. 11172 "Supporting adoption of Assembly Bill 1486 relating to approval of development projects." Adopted. *87 -270 Resolution No. 11173 "Authorizing execution of agreement with Hislop Associates for Phase II of Records Management Program for City Clerk's Department." Adopted. *87-271 Resolution No. 11174 "Adopting plans and specifications and calling for bids for Island Drive east side improvements - street reconstruction, P.W. No. 4-87-8, and directing City Clerk to advertise same." Adopted. *87-272 Resolution No. 11175 "Adopting plans and specifications and calling for bids for Marina Village Assessment District 84-3, Independence Drive and Atlantic Avenue street improvements, P.W. No. 4-87-9, and directing City Clerk to advertise same." Adopted. *87-273 Resolution No. 11176 "Adopting plans and specifications and calling for bids for Phase I Sanitary Sewer Rehabilitation and Relief Project (located in West Alameda), P.W. No. 4-86-9 and directing City Clerk to advertise same." Adopted. *87-274 Resolution No. 11177 "Adopting plans and specifications and calling for bids for Dynamic Consolidation, Harbor Bay Business Park Assessment District 84-1, P.W. No. 3-87-6, and directing City Clerk to advertise same." Adopted. *87-275 Resolution No. 11178 "Declaring canvass of returns and results of General Municipal Election held on Tuesday, April 21, 1987." Adopted. INTRODUCTION OF ORDINANCES *87-276 Ordinance No. N.S. "Amending Title XVII of the Alameda Municipal Code to establish "No-U-Turn" for the intersection of Bridgeway Road and Island Drive." Introduced. *87-277 Ordinance No. N.S. "Establishing a fee schedule for applications to the Historical Advisory Commission." Introduced. FINAL PASSAGE OF ORDINANCES *87-278 Ordinance No. 2326 N.S. "Amending Title XI, 11-14C2 of the Alameda Municipal Code, affecting when standards must be met, and terminating the moratorium through Ordinance No. 2312 N.S." Adopted. *87-279 11-1350 Station *87-280 Alameda side of *87-281 Alameda side of Ordinance No. 2327 N.S. "Amending Title XI, of the Alameda Municipal Code to allow a Trash as a permitted use in a M-2 district." Adopted. Section parking enacted Section Transfer Ordinance No. 2328 N.S. "Amending Title XVII of the Municipal Code to remove 'No Parking' zone on the north Blanding Avenue west of Broadway." Adopted. Ordinance No. 2329 N.S. "Amending Title XVII of the Municipal Code to create a "No Parking" Zone on the south Clement Avenue west of Park Street." Adopted. 93 *87-282 Ordinance No. 2330 N.S. "Amending the Alameda Municipal Code by amending Section 11-14E2 thereof relating to definitions of adult entertainment." Adopted. *87-283 Ordinance No. 2331 N.S. "Accepting dedication for street purposes of Auginbaugh Way adjacent to Tract 4495. (Normandy)" Adopted. BILLS *87-284 A List of Claims, certified by the City Manager as correct, was approved in the amount of $1,630,123.51. * * * * * * * * * 87-285 Councilmember Hanna made a motion to take resolutions regarding Board and Commission appointments, out of order. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. Councilmember Corica noted that the Resolution regarding appointment to the Social Service Human Relations Board was for the completion of the unexpired term to June 30, 1987 and for a term expiring June 30, 1991, and stated it should only be to complete the unexpired term. President Diament agreed and stated the resolution should be amended accordingly. Councilmember Corica made a motion to amend the resolution as stated, Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. 87-286 Resolution No. 11179 "Appointing Susan Ahlquist-Dutcher member of the Social Service Human Relations Board." Councilmember Hanna made a motion to adopt the resolution. Councilmember Corica seconded the motion and it was carried by unanimous voice vote - 5. 87-287 Resolution No. 11180 "Appointing David Sillers as a Member of the Recreation Commission." Councilmember Corica made a motion to adopt the resolution. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. David Sillers came forward and the Oath of Office was administered to him by the City Clerk. President Diament congratulated Mr. Sillers on his appointment. WRITTEN COMMUNICATIONS 87-288 From J. Paul Gutleben, 2844 San Jose Avenue, requesting reinstatement of two repealed ordinances regarding junk yard businesses. 94 Mr. Gutleben expressed concern at and surrounding the area of 1916 Stanford Street; presented pictures to Council showing cars in yellow zones, stated there is a mess on City sidewalks, a yellow car that has been present for months and has flat tires on it; and that the business is operated as a repair shop and junkyard. Walter Manasewitsch, 1919 Stanford Street, stated that 32 cars came to the site today; that several cars have their hoods up as people work on them each day, including Sundays; that it is a junkyard as well as street repair area; that cars are being moved, when they are tagged, to another area on the street to avoid citation. Councilmember Hanna noted that repair to cars is not allowed on the streets. A discussion followed regarding the appearance of the area, the police action in tagging the cars, and the need for more police action. Councilmember Monsef made a motion for enforcement in whatever way is possible, and would like a report back, perhaps within a month, regarding this case as to what has been done. Councilmember Corica seconded the motion and it was carried by unanimous voice vote - 5. Mr. Gutleben noted that there are oil drums which present a fire hazard. The City Manager commented that the EPA could be notified. 87-289 From Simeon S. Melgar, Certified Public Accountant, 523 Santa Clara Avenue, requesting waiver of Planning Department fee. Councilmember Lucas made a motion to postpone payment for a year. Councilmember Monsef and it was carried by unanimous voice vote - 5. 87-290 From Nicholas Phillips, 316 Lincoln Avenue, requesting that the aircraft noise consultant review the Naval Air Station Alameda Master Plan and Air Installations Compatible Use Zones Study. Commander Larry Koch, Naval Air Station, commented that the study is prepared in the same fashion and using the same commonly accepted parameters for all federal airports and that it is a matter of public record. Councilmember Lucas mentioned that Mr. Phillips referred to unsatisfactory complaint procedure and asked what the complaint procedure should be in contacting the Naval Air Station. Commander Koch stated the Air Operations Desk can be called and the person on the phone will answer what the noise is from, if it can be identified, although sometimes it cannot be. Councilmember Lucas commented she appreciated Mr. Phillips report and the work he put into it. Councilmember Hanna added that it takes expertise to do that. Councilmember Lucas made a motion for acceptance of the communication; Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 5. 87-291 From Charles A. Millman, 2916 Bayview Drive, regarding garbage rate increase. Mr. Millman expressed congratulations to Mayor-elect Corica. He then asked Council to consider the possibility of a citizen committee to explore the garbage rate increase matter; believes it is City's intent to sell dump property to recover cost and place money into General Fund, that the money should come back to a citizen's committee to decide what civic project the money should be expended for. The Public Works Director noted that the monthly amount the City voted to increase, (for the sealing of the dump) was not on the residential community but commercial; the $440,000 City approved previously, in 1985, was for 2 purposes: to build the holding ponds and import material from freeway project in Richmond, as there was not enough material to seal the site; and explained the need in further detail. President Diament stated the City has no choice but to seal the dump according to specifications. The Public Works Director noted the Order was received from the Regional Water Quality Control Board. Councilmember Lucas made a motion to accept the communication; Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. HEARINGS 87-292 Consideration of proposed Zoning Text Amendment, ZA-87-3, which would amend the open space regulations relating to enclosed areas qualifying as required open space. Applicant: City of Alameda. The Planning Director explained the matter. The public portion of the hearing was opened. On the call for proponents, there was none. On the call for opponents, there was none. The public portion of the hearing was closed. 96 Councilmember Hanna made a motion to approve the Planning Board's recommendation, and take the related ordinance, out of order; Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. 87-293 Ordinance No. N.S. "Amending Title XI of the Alameda Municipal Code by deleting Section 11-14Al2(e), relating to enclosed areas which qualify as required open space." Councilmember Hanna made a motion to introduce the ordinance. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 87-294 From Library Board regarding an amendment to the Residential Dwelling Unit Tax Ordinance. Gertrude Woods, Alameda Library Board of Trustees, stated the Board believes a one-sixth portion of the money could be well-used if it is diverted to the fund for the new library. Michael Grappo, P.O. Box 1189, Alameda, stated he believed that there should be a report from staff showing what the fund was used for in the past because then it would be known whether or not an additional tax would be necessary to replace the funding in the area where this amount is being taken away for the library fund. President Diament commented that the Recreation Department has had the benefit of the funds and used them well, but now it is time to share with the library. Councilmember Hanna stated there should be a report from staff which would be handled by the next Council. Councilmember Monsef stated staff appears to be recommending this allocation. The City Manager stated that the budget items are reviewed by Council including a description of the use of the funds which were allocated to the Parks and Recreation Department. Councilmember Corica stated he has no problem with the 1/6 portion going to the library, because in applying for grants, it is often necessary to have matching funds; that money in the fund might encourage grantors to consider the library with greater favor. President Diament stated an ordinance should be prepared for the next Council. Councilmember Hanna moved that it be done; Councilmember Monsef seconded the matter and it was carried by unanimous voice vote - 5. * * * 97 President Diament noted Mrs. Ahlquist-Dutcher was in the audience and requested she come forward to be sworn in as a member of the Social Service Human Relations Board. The Clerk administered the Oath. President Diament congratulated Ms. Ahlquist-Dutcher, who subsequently thanked Council for the opportunity to serve. 87-295 From President, Planning Board, regarding proposed Street Trees Commission. Councilmember Corica stated he agreed with the Public Works Director's recommendation. Councilmember Lucas also agreed, and commented a citizen's commission had been organized for one year. Councilmember Hanna made a motion to accept the recommendation; Councilmember Monsef seconded the motion and noted the City of Modesto has a comprehensive tree policy and suggested perhaps they could be contacted for information. The motion was carried by unanimous voice vote - 5. President Diament noted that the City should begin to look toward water saving in planting or whatever is done. 87-296 From City Manager concerning Employee Recognition programs. Councilmember Corica moved acceptance of the recommendation. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 87-297 From Public Works Director on structural investigation of Alameda Theater by the Chief Building Inspector. Tom Wetherbee, Mattison & Shidler, 4 Embarcadero, #3150, San Francisco, stated he did not realize the third person to review the theatre was on City staff; believes it would be difficult for the Chief Building Inspector to make an objective report; that reports were made during the time when the library wanted the site and City wanted demolition and wondered if the report would be as critical if Mattison & Shidler as operators, had requested the demolition. President Diament inquired if they could have the destructive testing performed, to which Mr. Wetherbee stated they could but did not believe it necessary. President Diament stated the City is liable and need to put the question to rest, to which Mr. Wetherbee responded that they would have testing done, as it seems they must do it. Councilmember Corica stated he sympathized with the speaker, but leaseholders should get another firm to look at the building. 98 Councilmember Monsef commented on the high qualifications of the Chief Building Inspector. Councilmember Hanna made a motion to accept the Public Works Director's recommendation regarding the destructive testing required in the Morton Technology report within 30 days to determine the extent of structural failure. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 87-298 From Finance Director regarding proposed sale of obsolete equipment. Barbara Thomas, 1118 Paru Street, stated there was an offer to purchase the equipment, but she did not see that it was advertised and wonders if it is the best bid. The Finance Director stated that normally City equipment is sold through public auction however, this equipment is a street sweeper, there is not much of a market for them; the piece of equipment is in poor condition requiring an enormous amount of repair to make it workable, has little if any value to City, and believes the price received is good. The Public Works Director added that it would cost $30-40,000 to replace items on the sweeper to bring it to good operable condition; there is a market for street sweepers but they have to be in condition to be used by contractor or private operator; Nixon-Egli is the distributor and repair company for the sweeper and they are the only ones who have the parts for it. Councilmember Lucas made a motion to accept the report and recommendation. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. RESOLUTIONS 87-299 Resolution No. 11181 "Urging the Legislature to amend SB 300 relating to additional allocations to cities and counties for streets and highways maintenance and reconstruction." Councilmember Monsef made a motion to adopt the resolution. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. 87-300 Resolution No. 11182 "A resolution ordering changes and modifications to Alameda Marina Village Assessment District 84-3." Councilmember Hanna made a motion to adopt the resolution. Councilmember Lucas seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Hanna, Lucas, Monsef and President Diament - 4. Noes: Councilmember Corica - 1. Absent: None. 87-301 Resolution No. 11183 "Adopting Plans and Specifications and Calling for Bids for Constitution Way (formerly Patton Way), Phase 99 IIIA, Street Construction, P.W. 3-86-5, and directing City Clerk to advertise same." Christopher Buckley, 1017 San Antonio Avenue, requested Council amend the resolution; submitted drawing regarding a portion of Constitution Way; noted his background in the planting of street trees; expressed concern for appearance and necessity of appropriate trees being planted; and that there be trees in the portion noted in the picture and named varieties of trees including a sycamore variety called Bloodgood, that should be considered. Councilmember Lucas thanked Mr. Buckley for his suggestions, made a motion to adopt the resolution and suggested staff investigate and consider the suggestions presented by Mr. Buckley. Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 5. 87-302 Resolution No. "Urging the Governor and Legislature to provide the funding necessary to assure the continued functioning of the California Occupational Safety and Health Administration (Cal/Osha). Councilmember Lucas made a motion to adopt the resolution. Councilmember Monsef inquired if the state was duplicating the federal. The City Manager noted that the federal government had certain health and safety requirements; the state had additional ones; and that the state administers the federal requirements, at the request of the federal government, as well as the additional state requirements. Councilmember Lucas stated she believed very strongly that the worker protection is needed. Council member Monsef stated he did not know very much about it so he would vote no. The motion failed for lack of a second. 87-303 Resolution No. 11184 "Urging California Legislature to pass Assembly Bill 36 to require all California motorcyclists to wear approved safety helmets." Councilmember Corica made a motion to adopt the resolution. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. 87-304 Resolution No. 11185 "Designating September 17, 1987, as United States Constitution Day in the City of Alameda." Councilmember Corica made a motion to adopt the resolution. Councilmember Lucas seconded the motion and it ws carried by unanimous voice vote - 5. i 00 87-305 Resolution No. 11186 "Authorizing open market purchase of a four wheel drive vehicle for the Police Department." Councilmember Lucas made a motion to adopt the resolution. Councilmember Monsef seconded the motion. Councilmember Corica stated Barbara Thomas had checked with the police department and stated that the vehicle may be inexpensive but may not be the best, and requested further information. Police Chief Shiells stated they looked at Jeep and Suzuki, the only two available for their purposes and believe Suzuki to be best for their purposes as it is smaller, less costly and probably more reliable; that the size is very important because the beach area is small at high tide. The motion was carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 87-306 Ordinance No. N.S. "Amending Ordinance No. 2096 N.S., relating to the Cable Television Franchise." Introduced. The City Attorney explained the background of the matter, and specifics regarding the 1% conduit fee. Councilmember Corica stated it is a gamble; that the City could be making $100,000 per year. The City Attorney commented that was true; it could be making $100,000 or losing a great deal of money in interest if the matter was pursued. Councilmember Corica stated he was reluctant to do anything that would take money out of the City coffers; that if Cable wants to sue, they may. Councilmember Monsef agreed that the City has been generous to United Cable but gambling with the possibility of litigation could cause more money to be expended, and his understanding from the City Attorneys comments is that, under the new law, the fee might be illegal. The City Attorney commented it would be difficult to justify the 1% conduit fee because Cable was required to pay a half million dollars for the cable and now they are paying 1% a year for it. The City Manager commented that basically, when it was approved in the franchise, it was profitable for the City; now the law has changed; that there is some question if the $300,000 paid was a franchise fee or not, and Cable has agreed to drop that matter. The City Attorney stated that the new law states we must pay in time value which can become a very large amount. Councilmember Corica commented regarding the penalty clause, that perhaps Council should begin thinking about reinstating the penalty clause of $1,000 per day; and that Council should stay with the agreement. The City Attorney responded that, on the date of determination of substantial completion, under the agreement, the penalty ran. Councilmember Lucas commented that there has been so much disagreement and division in the community and that Section 3 of the ordinance states that "this ordinance is adopted as a settlement of all outstanding claims by franchisee that the terms of the ordinance may be inconsistent with applicable law. . ." and that the benefit to the City is that United Cable cannot sue the City. The City Manager commented that Council should keep in mind that the rules were changed by the Federal government and if the City gets into litigation, all of the additional benefits provided to the school district, the community college, etc. would be brought up and could constitute offset against the franchise revenues. Councilmember Corica stated he believed Council is running scared; that if City is violating the law, then comply, but otherwise, then we should go ahead. The City Attorney stated that interest on the debt is to be considered; that the 1% was invalid at the time it was done; but the consultant recommended it and it was accepted. Councilmember Monsef inquired about status of drops to school. The Assistant City Manager stated they will be fully installed by the fall semester. President Diament stated it would be well to settle the matter and take the Cable offer to not make further claims. Councilmember Lucas made a motion to introduce the ordinance. Councilmember Hanna seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Hanna, Lucas and President Diament - 3. Noes: Councilmembers Corica and Monsef - 2. Absent: None. 87-307 Ordinance No. N.S. the Alameda Municipal Code by amending Section 2-116 thereof relating to order of business at City Council Meetings." Councilmember Corica stated that Council has been using the order of business at the meetings in its present order for many years and he believes it should be kept the way it is. President Diament commented that perhaps the new Council should make the decision; that her reason is the very lengthy written communications this year and also one of the members of the public had asked for it to be considered; that everyone does have a chance to speak and that some even wait for Oral Communications on 102 the agenda. Councilmember Corica stated that if Council wants to leave earlier, that they can refrain from extending the 11:00 p.m. deadline. Councilmember Lucas stated she also believed she should not vote on the matter; that it should be left to the new Council. Councilmember Hanna agreed that current Council should not be setting the rules for the new Council; and added that his concern was based on the belief that the opportunity to speak under Written Communications had been abused by some members of the public. Councilmember Corica made a motion to table the matter. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote. 87-308 Ordinance No. 2332 N.S. "Amending the Alameda Municipal Code by adding Article 10 to Chapter 5 of Title XVII thereof relating to "cruising" on public streets and highways in the City of Alameda." The following speakers, spoke regarding the ordinances addressed in paragraphs 87-308, 87,309 and 87-310: Michael Wong, 941 Shorepoint Court, commented if Council doesn't do something quickly, it may be too late; that he has had 14 years of law enforcement in another city; believes it is extremely difficult for emergency vehicles to get through; cruising is extremely difficult to enforce; a lot of neighbors have moved already; that it is just a matter of time before vandalism occurs; and suggested chaining off all streets on Shore Line, and that perhaps resident stickers could be issued. Martin Taylor, 656 Westline Drive, stated he suggests passage of the three ordinances; perhaps a permit for residences to put in their car windows; and a committee to work with citizens on the matter. Marde Nelson, 933-1001 Shore Line Drive, Shoreview Homeowners' Association, stated he agreed with Mr. Wong; and that if the three ordinances address Saturday and Sunday only, then believes they are satisfactory; thanked Police Chief and his officers; and asked Council to provide the money to allow them to continue their work in the area. Sam Caponio, 950 Shorepoint Court #307, has a petition from several condominiums in the area; stated that emergency vehicles cannot get in and are gridlocked on weekends; doesn't believe parking stalls will work; believes area should be closed off; and suggested perhaps parking at South Shore and shuttles to the beach should be considered. Susan Borman, 300 Westline Drive Apt. A316, stated she doesn't believe it is fair that residents cannot park where they live; that sticker system is good and that it worked well in New York. 103 Cliff Maderia, 900 Otis Drive, stated he agrees with many of the things that have already been said; stated the police have done very well and these new ordinances should help. Ray Moser, 913 Otis Drive, stated that anything proposed for the weekends should be for the holidays also; that he concurs with recommendations; skeptical it will do the whole job but it is a start; thinks a committee would be in order; and commended Council for the items. Marguerite Lacey, 429 Coral Reef Road, stated she is concerned that the emergency vehicles cannot get through; dislikes the garbage left behind and the noise, and supports the three ordinances. Bill Kane, 2615 Bayview Drive, Bayview Estates, stated they are not yet severely impacted but can foresee that if stickers do go in, that traffic will spread in all directions; supports efforts of Council and agrees with previous speakers. Gerhard Degemann, 19 Sandpiper Place, stated he is delighted that positive steps are being taken; that there should not be another committee formed. President Diament requested that persons present direct their concerns to the Regional Park Service, so the park service will also know of the concern of the public. Fred Scullin, 1120 Chestnut Street, stated, concerning the ordinance regarding the portable radios, that the distance of 50 feet at which radios are not to be audible, is not appropriate; and that these are not emergency items. A member of the public presented pictures of the area to the Council, but did not speak. Emmi Fischl, 1825 Shore Line Drive, suggested making parking spaces smaller so there could be more spaces; and that present residents have, instead of car stickers, two plaques similar to those issued to handicapped so that when relatives of residents visit, they can get through without problems. Janet Keyes, 300 Westline Drive, #A101, stated she pays for a view; now cannot barbecue on porch without hecklers from people driving by; cannot have weekend guests because of traffic and parking; and thanked Council for what is being done. Barbara Thomas, 1118 Paru Street, stated comments of speakers are valid; that the beach had been a safe place for young people and no longer is; agrees with ordinances; believes the East Bay Regional Park District is to blame because they have not provided adequate parking, traffic or crime control; believes that if residents have a problem with the cruising ordinance, if it begins to effect them, she would like them to come back in a month to see if something further can be done; that what is being done by Council is a caring effort on the part of Councilmembers. 104 Councilmember Corica made a motion to incorporate the testimony of all three ordinances. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. Councilmember Lucas made a motion to introduce the ordinance; Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 87-309 Ordinance No. 2333 N.S. "Amending the Alameda Municipal Code by adding Subsection (i) to Section 11-552 thereof, relating to loud playing of vehicle and portable radios." Councilmember Corica made a motion to introduce the ordinance. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 87-310 Ordinance No. 2334 N.S. "Amending the Alameda Municipal Code by amending Subsections (90) and (91) of Section 17-333 thereof to extend the prohibition of parking on Shore Line Drive and Westline Drive from April 1st through September 30th." Councilmember Corica made a motion to introduce the ordinance. Councilmember Hanna seconded the motion. Councilmember Monsef stated he would like to clarify that it applied to weekends and the holidays. The motion was carried by unanimous voice vote - 5. Police Chief Shielis commented in detail on the police officers assigned to the beach and South Shore area, the coverage and the type of enforcement. Councilmember Lucas noted that some of the speakers mentioned that alcoholic beverages seem to be a problem; and inquired if there were regulations regarding that matter, to which Chief Shielis responded that the East Bay Regional Park does allow beer and wine on the beach but it cannot be within fifty feet of a roadway; and that the City of Alameda has an ordinance prohibiting alcoholic beverages on the beach. Councilmember Lucas stated there are no public telephones along the beach for use in case of emergency. Councilmember Corica stated he agreed with Councilmember Lucas and made a motion that East Bay Regional Park District be informed that Council wants telephones to be placed on the beach and signs outlawing alcoholic beverages on the beach. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. Councilmember Hanna inquired if there was a reason the beach and cruising problems are worse this year, to which Chief Shielis responded that there is none specifically, but that each year the crowds have become rougher, with more troublemakers at the beach and the types of individuals are not family types as there has 105 been. Mr. Degemann, stated that, on behalf of the homeowners in the area, he wished to thank Police Chief Shiells and his police officers for what they have done. 87-311 Ordinance No. N.S. "Accepting 0.0464 of an acre parcel and granting two parcels totalling 0.0457 of an acre adjacent to the Alameda Marina Village lagoon." Barbara Thomas, 1118 Paru Street, stated she is concerned about the land swap because there is no valuation, and questioned the Parcel Map. The Public Works Director gave the background of the matter and noted that the property line on the lagoon that was constructed needed adjustment and that there is no value to the City on the exchange. The City Manager noted that an appraisal would be very expensive. Councilmember Monsef suggested a delay in adopting the ordinance. Councilmember Hanna stated the matter was not that important because it was simply adjusting the property line, and moved introduction of the ordinance. Councilmember Lucas seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Hanna and Lucas, and President Diament: - 3. Noes: Councilmembers Corica and Monsef - 2. Absent: None. NEW BUSINESS 87-312 trucks Avenue Councilmember Lucas requested Police Department check out parked on Southern Pacific property located between Lincoln and Pacific Avenue. 87-313 Councilmember Hanna requested a moratorium regarding the triangular property at Fernside and Gibbons. Councilmember Corica noted that it was to be rezoned; that time was allowed prospective buyers and now Council should go ahead with rezoning to R-1. The City Manager stated he would write a letter to that effect. Councilmember Hanna stated there should be a moratorium to preclude someone going in under the zone that is there. Councilmember Corica said he believed it was a good idea, and the City Manager stated staff would put one on the agenda. President Diament also agreed. ADJOURNMENT President Diament adjourned the meeting at 10:35 p.m. Respectfully submitted, G14/tP Diane B. Felsch City Clerk The agenda for this meeting was posted 72 hours in advance, in accordance with the Brown Act. 106