HomeMy Public PortalAboutCCMINS 09-08-1997CITY OF LIVERMORE
SPECIAL MEETING OF SEPTEMBER & 1997- 6:00 p,m.
(Closed Session)
CALL TO ORDER - Mayor Brown called the meeting to order at 6:00 p.m. in the Council
Chambers, 3575 Pacific Avenue.
R.QLL_C, AI& - Vice Mayor Vargas, Councilmembers John Stein, Ayn Wieskamp and Tom
Reitter, and Mayor Brown were present.
OPPORTUNITY FOR PUBLIC TO ADDRESS COUNCIL ON CLOSED SESSION
ITEMS - No comments were made.
ADJOURN TO CLOSED SESSION - Council met with the City Attorney pursuant to
Government Code Section 54956.9(b) because based on existing facts and circumstances,
there is a significant exposure to litigation against the City. A claim was received under the
Tort Claims Act or some other written communication from a potential plaintiff threatening
litigation. The claim or communication from Simone McPherson (Department of Fair
Employment and Housing) and Armand Mulder (Tort Claim) is available for public
inspection in the City Clerk's Office.
RECONVENE PUBLIC MEETING - The public meeting was reconvened at 6:30 p.m.
ADJOURNMEI~F - The meeting adjourned at 6:30 p.m.
SUMMER READING PROGRAM PRESENTATIONS- 6~'30 P.M.
Presentations were made to the children who participated in the Summer Rea.ding Program.
CM/57/396 September 8, 1997
REGULAR MEETING OF SEPTEMBER 8. 1997- 7:00 p,m,
CALL TO ORDER - The regular meeting of the City Council was called to order by Mayor
Brown at 7:33 p.m. in the Council Chambers, 3575 Pacific Avenue, Livermore.
Present: Vice Mayor Vargas, Councilmembers Ayn Wieskamp, Tom Reitter, John Stein and
Mayor Brown.
Staff Members Present: City Manager Jerry Peeler, City Attorney Tom Curry, Community
Development Director Barry Hand, Public Services Director Mike Miller, City Engineer Phil
Boydstun, Assistant City Engineer Dan Smith, Assistant to the City Manager Ellyn Axelrod,
Economic Development Director Karen Majors, and City Clerk Alice Calvert.
PUBLIC REPORT OF ACTION TAKEN IN CLOSED SES$]Q1N - No report.
PLEDGE OF ALLEGIANCE
MINUTES APPROVAL - ON THE MOTION OF CM RE1TFER, SECONDED BY CM WIESKAMP,
AND CARRIED BY A 4-0 VOTE, VM VARGAS ABSTAINING, THE MINUTES OF AUGUST 11, 1997
WERE APPROVED AS FOLLOWS: UNDER CITIZENS FORUM, THE NAME MARION LAM?KIN WAS
CORRECTED TO AARON LATKIN.
PROCLAMATIONS - A Proclamation was presented to Penny Mix, Assistant
Administrator of Rosewood Gardens, Proclaiming National Assisted Living Week September
7-13, 1997.
PRESENTATIONS - None.
CITIZENS FORUM
Michael Brown, an atto~ey, discussed an appeal by the City of a case involving an injury to
his client resulting from an unsafe City street. He said the appeal is frivolous and the case
cannot be won. The City should utilize the money which would be spent on the appeal for
September 8, 1997
CM/57/397
improving public streets. Mayor Brown said the matter was not on the agenda and therefore
could not be discussed, but would be subject to a Closed Session.
Jeffrey Barnes, Managing Parmer, J.J. Dancien, complained regarding service received in
relationship to his project, Tract 6783. He said the City Attorney's Office has been
unresponsive to his phone calls and correspondence. He requested that the City Council
review the matter. Mayor Brown said she understood communications had been poor
between both parties. She requested that Mr. Barnes call her and said staffwill resolve the
issues.
CONSENT CALENDAR
ON THE MOTION OF ClVl WIESKAMP, SECONDED BY CM STEIN, THE CONSENT CALENDAR WAS
APPROVED BY 5-0 VOTE.
1.la
RESOLUTION 97-232
APPROVING STREET NAM~ CHANGE 71-97, RENAMING LAURELWOOD
DRIVE TO THORNHILL DRIVE
1.2
RESOLUTION 97-233
APPROVING A CARRY OVER OF COMMUNITY DEVELOPMENT GRANTS FROM FY
1996/97 TO 1997/98, CANCELING THE BALANCE REMAINING FROM IN LIEU FUNDS
FOR ECHO HOUSING COUNSELING AND REALLOCATING THE CDBG
ADMINISTRATION BALANCE TO THE CONTINGENCY ACCOUNT
1.3
RESOLUTION 97-234
APPROVING FINAL TRACT MAP 6863 AND A SUBDMSION IMPROVEMENT AGREEMENT
(LIVERMORE HOMEBUILDERS). LOCATION: EAST SIDE OF VASCO
ROAD, NORTH OF SCENIC AVENUE
1.4a Landowner consent filed in connection with formation of Maintenance District 800 for
Tract Map 6220 (Denhoy). Location: Lomitas Avenue, west of Arroyo Road
1.4b
1.4c
RESOLUTION 97-235
INITIATING PROCEEDINGS FOR MAINTENANCE DISTRICT 800
RESOLUTION 9%236
APPROVING AGREEMENT FOR LEGAL SERVICES FOR MAINTENANCE DISTRICT 800
1.4d Engineer's report filed-.
1.4e
RESOLUTION 9%237
ORDERING IMPROVEMENTS FOR MAINTENANCE DISTRICT 800
CM/57/398 September 8, 1997
1.Sa Landowner consent filed in connection with formation of Maintenance District 801 for
Tract Map 6537 (Miklyn Development/Blau). Location: east end of Mt. Day Drive.
1.Sb
RESOLUTION 97-238
INrrIATING PROCEEDINGS FOR MAINTENANCE DISTRICT 801
1.5c RESOLUTION 9%239
APPROVING AGREEMENT FOR LEGAL SERVICES FOR MAINTENANCE DISTRICT 801
1.Sd Engineer's report filed.
1.5e
RESOLUTION 9%240
ORDERING IMPROVEMENTS FOR MAINTENANCE DISTRICT 801
1.6a Landowner consent filed in connection with formation of Maintenance District 802 for
Tract Maps 6150 and 6760 (Perry, Bosch, Fontaine, Hill and Klinke) Location: Lomitas
Avenue, west of Arroyo Road
1.6b
RESOLUTION 9%241
INITIATING PROCEEDINGS FOR MAINTENANCE DISTRICT 802
1.6c RESOLUTION 97-242
APPROVING AGREEMENT FOR LEGAL SERVICES FOR MAINTENANCE DISTRICT 802
1.6d Engineer's report filed.
1.6e
RESOLUTION 9%243
ORDERING IMPROVEMENTS FOR MAINTENANCE DISTRICT 802
1.7
RESOLUTION 9%~44
APPROVING FINAL TRACT 6807 AND A SUBDMSION IMPROVEMENT AGREEMENT
(CALVIN AND MARJORIE BRIGHT)). LOCATION: NORTH OF FIRST STREET, SOUTH
OF PORTOLA AVENUE, EAST OF THE TERMINUS OF MLrRPI-IY STREET
1.8a Landowner consent filed in connection with formation of Maintenance District 803 for
Tract Map 6807 (Calvin and Marjorie Bright). Location: north of First Street, south of
Portola Avenue, east of the terminus of Murphy Street.
1.8b
RESOLUTION 9%245
INITIATING PROCEEDINGS FOR MAINTENANCE DISTRICT 803
1.8C RESOLUTION 9%246
APPROVING AGREEMENT FOR LEGAL SERVICES FOR MAINTENANCE DISTRICT 803
1.8d Engineer's report filed.
September 8, 1997
CM/57/399
1.Se
RESOLUTION 9%247
ORDERING IlVIPROVEMENTS FOR MAINTENANCE DISTRICT 803
1.9
RESOLUTION 9%248
AUTHORIZrNG EXECUTION OF AN AGREEMENT WITH PACIFIC GAS AND ELECTRIC
COMPANY IN THE AMOUNT OF $70,254 IN CONNECTION WITH THE
CITY'S SPRINGTOWN PUMP STATION (PWP 91-39)
1.10 RESOLUTION 9%249
AUTHORIZING EXECUTION OF SUPPLEMENTAL AGREEMENT NO. 1 WITH MARK THOMAS &
CO., INC. FOR CONSULTING SERVICES ON THE AIRWAY BOULEVARD/I-580 INTERCHANGE
IMPROVEMENTS (PWP 95-54) AND APPROPRIATION OF FUNDS
1.11 RESOLUTION 9%250
AUTHORIZING EXECUTION OF CONTRACT CHANGE ORDER 13 TO THE CONTRACT WITH
DESILVA GATES CONSTRUCTION FOR THE NORTH MINES ROAD
GRADE SEPARATION PROJECT (PWP 85-12)
1.12 RESOLUTION 9%251
AUTHORIZING EXECUTION OF A QUITCLAIM DEED TO COUNTY OF ALAMEDA FOR REAL
PROPERTY AND HIGHWAY EASEMENT ALONG GREENVILLE ROAD
1.13 RESOLUTION 9%252
AUTHORIZING WAIVER OF INTEREST PAYMENT ON DEED OF TRUST, SECOND MORTGAGE
PROGRAM (DONNA SCHREIBER, 4772 NICOL COMMON, #104)
1.14
RESOLUTION 97-253
CERTIFYING THAT THE CITY ATTORNEY IS AUTHORIZED TO CERTIFY
PROPOSITION 218 COMPLIANCE TO ALAMEDA COUNTY
1.15 The summary of Planning Commission meeting of September 2 was noted.
PUBLIC HEARINGS
2.1 1996-97 Housing and Community_ Development Grantee Performance Report-
Hearing to consider comments on the 1996-97 Housing and Community Developmem
Grantee Performance Report.
Recommendation: Staff recommended that the City Council adopt a resolution accepting
the Report and authorizing execmion by the City Manager.
Mayor Brown opened the public hearing. There were no comments, and the public hearing
was closed.
CM/57/400 September 8, 1997
ON THE MOTION OF VM VARGAS, SECONDED BY CM WIESKAMP, AND CARRIED BY A 5-0
VOTE, THE FOLLOWING RESOLUTION WAS ADOPTED:
RESOLUTION 97-254
APPROVING TI-IE 1996-97 GRANTEE PERFORMANCE REPORT FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
2.2 Tri-Valley Transportation Development Fee Program - Hearing to receive public
input on the revised Tri-Valley Transportation Development Fee Program to finance all or
part of the eleven transportation improvements in the Tri-Valley area as proposed by the Tri-
Valley Transportation Council.
Recommendation: Staff recommended that the City Council receive comments and approve
the Tri-Valley Transportation Council's proposed resolution approving Principles of
Agreement for adoption of the Th-Valley Transportation Development Fee, subject to City
Council comments.
In response to Council questions, Dan Smith, Assistant City Engineer, described the fee
exemptions related to land uses. He said the fee would apply to all significant changes in
existing development agreements alter January 1, 1998. Development agreements made
prior to that date could be exempt from the fee. He noted that some cities have large projects
which are exempt from the fee, such as the Chevron and Bishop Ranch projects in San
Ramon.
CM Reitter said San Ramon has previously indicated they would not pay any fees no matter
what changes were made, so this represents a significant change in their position.
Mayor Brown said she has a problem with the agreement because of the constant reference to
a toll road.
Mayor Brown opened the public hearing.
James Day, 745 Cardinal Drive, read a letter dated August 8, 1997 for the record. He
discussed the nexus analysis. He said the real needs for the Th-valley are to lower pollution,
reduce idling time on valley roads, and provide free flowing access to regional shopping
centers and neighborhoods. The proposed projects encourage flow through the valley. He
said the Council should consider that the fees should at least cover the full cost of all
infrastructure required by the added 57,000 trip ends, a tax increase should be asked for if
some improvements benefit current residents, and cities should reduce their general plan
limits until the infrastructure required for new growth is fully funded and sustainable.
Sam Palermo, President, Chamber of Commerce, requested that the Council vote against the
TVTC development fee. The fee is not fair and equitable to all cities involved. Two projects
in San Ramon are exempt, and there is no guarantee that fees will change in those areas in
1998. Projects need to be defined, prioritized and accurately costed, and funding sources
September 8, 1997
CM/57/401
need to be secured. New business would pay for projects that will not be completed for more
than 10 years. Fees should be derived from all users in the system. The Keyser Marston
report finds that the City of Livermore would have the third and second highest use compared
to several nearby communities. City fees are now 10 to 15%; this fee and the community
facilities fee would add another 6 to 10%. Additional costs and fees would provide
additional incentives to locate beyond Livermore, in Tracy and Manteca. He requested that
the City Council ask the TVTC to form a task fome to include members of the business
community to look at ways to solve transportation issues.
Tom O'Malley, Th Valley Business Council, agreed that transportation is one of the biggest
problems in the Bay Area and needs to be fixed by those using system and those maintaining
it (Federal and State government). Businesses should pay their fair share and they are willing
to do so. He opposes this fee because it is inequitable and does not solve the problem. It
taxes only new businesses or relocations but not government. This proposal would only
provide for six of the 11 projects and would take 13 years to collect the funds. He
recommended a collaborative effort of Tri-valley government, businesses and concerned
citizens to lobby for all possible funding sources to solve problems in a timely manner.
Bill Mozocco, manager of a paper box factory in Livermore said he met with the partners of
his firm to select a site for a $20 million, phase 1 facility. Although he advocated locating in
Livermore, the partners decided to locate in Stockton, on the advice of a Seattle firm which
was hired to prepare a due diligence report. The firm said Livermore is not proactive in
attracting businesses.
Jeffrey Barnes, Managing Partner, J.J. Dancien, expressed concern that property they
purchased would be subject to this fee. He noted that Circuit City, which is under
construction, might not have located in Livermore if this fee were in place. He said industrial
users are sensitive to fee burdens. He said a balance is needed between housing and jobs, and
employment in the area will create a housing boom and an increase in real estate prices.
Doug Mann, concurred with Mr. Day's comments. He said citizens do not want a toll road.
He said expanding Highway 84 to four lanes will bring traffic on 1-580 to a stop, and it does
not make sense to expand Highway 84. He said he wants to inconvenience commuters. He
said there is nothing wrong with keeping fees for homes high. If development is stopped for
15 years, developers will pay any fees to build homes.
Michael Ferrucci, 508 So. Livermore Avenue, said he believes residents want to see State
Route 84 moved out of downtown as soon as possible. It is critical to do that before doing
anything else. The City should only consider two lanes at this time and expedite relocation
of Highway 84 now. It does not make sense to have four lanes going to two lanes, and vice
versa. If the bypass is only two lanes, it will still take the State highway designation off
Highway 84. There is currently little or no motivation for Caltrans to relocate Highway 84.
It should not be up to Livermore to accommodate the need of commuter non-residents. The
CM/57/402 September 8, 1997
City Council should not accept or consider a plan that will delay transformation of downtown
fi.om a commuter corridor to a dining and shopping destination.
Mayor Brown closed the public hearing.
Mayor Brown said she has been listening hard to other cities and appreciates the seriousness
with which regional transportation needs are being addressed. 1-580, 1-680 and Highway 84
have serious congestion issues. She is supportive of a regional transportation fee but has a
problem with this proposal because of its emphasis on a toll road. A toll road creates
opposition to this fee. The City has battled this concept since the late '80's and early '90's.
It does not make sense to create a toll road in Livermore and charge people to drive on a road
for which they have already paid. A toll road particularly does not make sense in light of the
plan which makes South Livermore a destination point for vineyards, agriculture, bed and
breakfasts,' and restaurants. It would move the 1-580/1-680 problems to 1-580/84. She also
stated that a toll road would reduce citizen confidence in elected representatives and the
funds earmarked for Highway 84 would move to other projects. The public wants a flee, at-
surface expressway. Mayor Brown stated that she opposes the adoption of the fee because of
its inclusion of a toll road.
CM Reitter said the business community in parts of the valley have become enamored with
the idea of a toll road. Highway 84 is the biggest component of the Th-Valley transportation
plan. People feel that a toll road on Highway 84 would reduce the fee to a tolerable level. A
toll road is not consistent with the South Livermore Plan, nor will it help with the 1-580/1-680
problems. He noted that, in May, the City of Dublin stated that a study of a toll road should
be conducted in parallel with implementation of the fee; now they want the study to precede
implementation of the fee. A toll road would take away interest in funding Highway 84. He
said he understands the business community's concerns, and would be willing to have a two-
tiered program which would charge a higher percentage to residential development than to
industrial and commercial. There is a high demand for housing which will not leave the area
in the way in which industrial users would. He stated that, without the fee, the potential for
collecting money in the future will be lost, and the longer the fee is delayed, the less will be
collected. He said he cannot support the toll road.
CM Wieskamp said the City Council has very clearly stated that it does not want a toll road.
She noted that funding transportation is very complicated, and discussed issues facing the
Measure B Steering Committee, on which she serves. She said they are trying to get the
County to think of how best to make transportation work within the Bay Area~ beyond just
Alameda County. The Expenditure Committee is wrestling with the issue of top priorities.
She has asked Congestion Management to prepare a list of all fees to help the committee
develop the best projects to include on the Measure B list. The City has waited 25 years for
improvements to Highway 84, and the project is critical for the entire valley. She is
concerned that it is not at least No. 2 on the list. She said it is important to attract people who
will create businesses in and live in Livermore in order to provide jobs for citizens of
Livermore. She is not convinced that this proposal is the right program.
September 8, 1997
CM/57/403
VM Vargas concurred. He said the fee must be fair; the City should pay a fair share and
receive a fair share of the projects. In 1992, Sunol Grade was not a problem, but it is today
and will continue to worsen. He does not think a Tri-Valley fee should be used to fix a larger
problem. The benefits to Livermore residents and businesses are questionable. He is upset
that Highway 84's priority on the list is still unclear. It does not appear that Livermore will
get fair returns fi.om this fee. He is concerned with the inequitable distribution, the lack of
benefits to Livermore, and the negative impact on business. He supports the concept, but it
must work fairly, be equitable for communities and not try to fix bigger problems. That is
what Measure B is for.
CM Reitter said there is a direct correlation between the increased interest in a toll road and
the decreased interest in Highway 84 in the last few months.
CM Stein said the Mid-State Toll Road fi.anchise hms to 2004 and can hold up the entire
process. It is not part of Livermore's vision to have a major track route going through the
west neighborhood. People advocating this should think about a toll road for E1 Charro to
Sunol Blvd. Livermore residents are 50% of the users and would be paying a great deal of
the tolls. The toll road idea should be dropped and cities' benefits should be limited to a
percentage of the fees they pay. There are many other sources of funding that will pay for a
four lane expressway on Highway 84. The best way of funding transportation is through a
reasonable gas tax tied to the cost of living. It is important to realize that Livermore cannot
capture every new business that moves into the valley. He noted that industry in Livermore
has grown by 70% over the last year. However, Livermore cannot afford to compete with
other cities which have lower land and other costs, such as Stockton, Tracy and Manteca. He
woUld have no problem with the current fee if it were not for the toll road, but feels the fee
should be even higher than proposed.
Mayor Brown said the City has been very proactive in attracting new business. She knows
support for the toll road is emerging outside the Liverrnore community. She has talked to
developers who think it should be expanded into North Livermore open space areas. The
Pleasanton City Council deliberated on the fee and stated that a toll road needs to happen in
Livermore. If other cities want one, they have her support to have it in their cities, but there
will not be a toll road in Livermore.
ON THE MOTION OF CM WIESKAMP, SECONDED BY CM REITTER, AND CARRIED BY fi 5-0
VOTE, THE CITY COUNCIL VOTED NOT TO ACCEPT THE TRI-VALLEY TRANSPORTATION FEE
PROGRAM LIST OF PROJECTS.
The City Council recessed for a short break at 8:35; the Council meeting reconvem:xt at 8:45.
2.3 Water Connection Fees - Heating to consider an amendment to the Municipal Code
changing the title of "City Water Storage Fee" to "Water Connection Fee"; approve the
Water Connection Fee Study; and approve adjustments to Water Connection Fees for all new
CM/57/404 September 8, 1997
connections to the City water system.
Recommendation: Staff recommended that the City Council adopt an ordinance amending
the Municipal Code and adopt a resolution approving the study and the fee adjustments.
Mayor Brown opened the public hearing.
Phil Serna, Homebuilders Association, said the HBA is concerned that the nexus for the fee
includes comparison to other fees in the jurisdictions with the region. They feel there is no
legal bearing in comparing the City's fee to other jurisdictions. He noted that the City's
proposal is six percent higher than other jurisdictions.
Jeff Barnes, Managing Partner, J.J. Dancien, said the proposed fee is a 180% increase for
industrial users. He asked the City Council to keep in mind its goal of being competitive and
attracting business to Livermore.
Mayor Brown closed the public hearing.
CM Stein stated that, in the past, Livermore has charged less than other agencies and was the
last agency to implement this fee; the other jurisdictions will catch up.
CM Reitter said the water connection fee has been increased only moderately over the past 13
years.
ON THE MOTION OF CM STEIN, SECONDED BY CM REITTER, THE FOLLOWING ORDINANCE
WAS INTRODUCED BY FIRST READING, TITLE ONLY:
AMENDING CHAPTER 13.20 (RATES AND CHARGES), SECTION 13.20.020, OF THE
MUNICIPAL CODE RELATING TO WATER STORAGE FACILITIES
ON THE MOTION OF CM STEIN, SECONDED BY CM REITrER, AND CARRIED BY A 5-0 VOTE, THE
FOLLOWING RESOLUTION WAS ADOPTED:
RESOLUTION 97-25~
APPROVING STUDY AND ADOPTING FEES (CITY OF LIVERMORE WATER CONNECTION
FEE STUDY: EXPANSION OF POTABLE AND RECYCLED WATER
SERVICES-WATER CONNECTION FEES)
2.4 Planned Unit Development 130 and Vesting Tentative Tract Map 6912 - Hearing
to consider Planned Unit Development 130 and Vesting Tentative Tract Map 6912, request of
Albert Horowitz for Anita Gand-olfo to authorize land use and development standards to permit
subdivision of a seven acre site into 55 small lot single-family detached housing units on lots of
approximately 3,200 square feet. Location: west side of North Livermore Avenue, north of
Cromwell Street extended westerly, and south of Rose Lawn Cemetery. Parcel Size: 7± acres.
Zoning Dislrict: PD (Planned Development). General Plan: Urban High-2 (8 to 14 dwelling
September 8, 1997
CM/57/405
units per acre) Residential. A Negative Declaration finding no significant environmental
impact for the proposal will be considered.
Recommendation: This item was withdrawn by the applicant.
CM Wieskamp noted that the neighbors are concerned about this project. She requested that
the Council be provided with information about the proposal.
2.5 Tentative Parcel Map Amendment 6711 - Hearing to consider Tentative Parcel Map
Amendment 6711, request of Associated Professions. Inc. to authorize subdivision of 780 acres
into parcels ranging in size fi:om less than one acre to 401 acres (Livermore Municipal Airport)
to segregate various uses of City property to individual parcels. Location: bounded by
Interstate 580 on the north, 770 feet east of Rutan Drive on the east, the extension of Jack
London Boulevard on the south, and E1 Charro Road on the west. Zoning District(s): E
(Education and Institutions), OSF (Open Space-Flood), OSA (Open Space Agriculture) and
PD (Planned Development). General Plan: Public Facilities-Municipal Airport and golf
course, Open Space Recreation, Limited Agriculture, Low Intensity Industrial. A Negative
Declaration finding no significant environmental impact for the proposal will be considered.
Recommendation: The Planning Commission and staff recommended approval of the
Tentative Parcel Map and of the environmental documents with direction to file.
Elwood Bona, 656 Catalina Drive, member of the Airport Advisory Commission, said many
activities which benefit the community, such as the library, baseball diamonds and tennis
courts, have been paid for by taxes. The airport, however, has been paid for by pilots. The
FAA gets money used fi:om services by pilots. For years, the pilots have not gotten any
return for their money. If any other use is made of airport property, the pilots should get
something for it.
Mayor Brown closed the public hearing.
Barry Hand, Community Development Director, said this map does not change the
ownership of the land or permit a change of land use. It simply consolidates existing parcels
into lesser number of parcels.
Mike Miller, Public Services Di/ector, said the City currently leases land that has been
purchased with FAA grant funds with 10% matching City funds. The Golf Course pays
$16,000 per year for the undeveloped portion. The City also rents out some of the
agricultural land. The City is preparing a business plan focusing on maximizing return on
investment and on land use at the airport.
VM VARGAS MOVED TO APPROVED TENTATIVE PARCEL MAP AMENDMENT 6711, SECONDED
BY CM REITTER. THE MOTION CARRIED BY A 5-0 VOTE.
CM/57/406 September 8, 1997
3. UNFINISHED BUSINESS
3,1 Status Report on Reauthorization of Measure B
Dan Smith, Assistant City Engineer, stated that the Measure B reauthorization process calls
for the Expenditure Plan Development Committee (EPDC) to recommend a list of projects to
the Steering Committee by October 1. The EPDC has divided into subareas and made
recommendations based on a $180 million budget, which is about 25% more than could
realistically be expected. The EPDC subgroup has allocated $100 million to the Rome 84
Expressway and Isabel Rome 84/1-580 interchange projects. The steering committee
guidelines are to have fully funded projects. The subcommittee sponsors have been asked to
rescope their projects to meet money. The City of Livermore sponsors the two Route 84
projects. 1) Isabel Rome 84/1-580 interchange. The City has been asked whether they would
consider a reduced interchange with only one bridge. A disadvantage would be that the
bridge would have to be built later, at a higher cost, and a reduced bridge would not provide
the capacity needed for projected traffic. 2) Route 84 Expressway. The City submitted the
proposal at the request of the Congestion Management Agency. The $118 million project
would provide six lanes fi:om Jack London to Vineyard and four fi:om Vineyard to 680. The
City Council has been asked if they would reduce the scope of the project to $100 million,
which would result in four lanes to Concannon Boulevard, two lanes to IsabeWallecitos,
then four lanes. He described other possible phasings, such as the Pigeon Pass portion, track
lanes, an environmental study of the full 84 rome, or the purchase of right-of-way. He said
the two projects should go together. The actual mount of funds the Tri-Valley is likely to
receive is between $80-100 million.
Mayor Brown said she would not have a problem with phasing, bm needs to review the
impact of a smaller project. She also does not want to preclude the purchase of right-of-way.
VM Vargas said he wants to make sure that the Highway designation could still be removed
if the project is downsized. He thinks the recommended list is good. This is going to be the
only oppommity for matching funds in Alameda County for many years. There may not be
another opportunity to get matching funds and parlay State and Federal funds.
In response to Council questions, Mr. Smith said the City is already planning to build the
northbound lanes of the future facility; this would build the southbound lanes. The City is
already buying right-of-way. The Measure B proposal would be to add two lanes and the
fight-of-way to what is already being done. It would add the interchange at Stanley
Boulevard.
CM Wieskamp said it is important to be realistic about what the East County is likely to get.
The Expenditure Planning group has done their best. She would like to pm as much as Mr.
Smith feels is reasonable into the interchange, then look at making the two-lane addition
continue, bm buy four lanes of right-of-way and go for Vasco Road types of safety
September 8, 1997
CM/57/407
improvements. She would like to develop a good working project and then get Federal
funding for Phase II.
Mayor Brown asked what would be wrong with trying to keep Livermore's project on the
books and agree to try to get other funding.
CM Wieskamp said the committee has agreed to try to get projects that can be fully funded.
She said a second phase could be proposed.
CM Stein suggested a fallback position allowing the transfer of funds between projects.
Mayor Brown said transferring funds is difficult.
Mr. Smith suggested combining the two projects into one Highway 84 project.
CM Wieskamp said when Measure B is taken to the voters, there must be surety as to where
the funds are going. She said she likes the idea of combining the two projects into one and
proposing phasing. The City Cotmcil concurred.
4. ORDINANCES
4.1
ON THE MOTION OF VM VARGAS, SECONDED BY CM STEIN, AND CARRIED BY A 5-0
VOTE, THE FOLLOWING ORDINANCE WAS ADOPTED:
ORDINANCE 1506
AMENDING ZONING ORDINANCE 442, AS AMENDED, BY AMENDING SECTION
RELATING TO PARKING STALL DIMENSIONS
5. WRITTEN COMMUNICATIONS - None.
6. NEW BUSINESS
6.1 Presentation of East Bay Regional Park District Master Plan
Joeelyn Combs, Board Member, presented the District's 1997 Master Plan. She said the
plan is revised every 10 years. She gave background on the District and discussed the goals
of the Master Plan. She said partnerships in Murray Township are especially important. She
discussed current parks and the District's relationship with LARPD. She discussed plans for
future parks and trails.
CM/57/408 September 8, 1997
CM Reitter asked what relationship the District has with the San Francisco Water District.
Ms. Combs said they have a good working relationship and are discussing the possibility of
jointly acquiring property.
Mayor Brown thanked Ms. Combs for her presentation.
6.2 Diocese of Oakland - Request of Diocese of Oakland for Abandonment of a '~No
Vehicular Access Strip" at the end of Redwood Road in Springtown to adopt supplemental
budget appropriation in the amount of $1,500,000 and authorizing implementation
of the plan.
Norm Tuttle, Attorney for the Diocese of Oakland, said the purchase of the 122 acre
Anderson Ranch is currently in escrow for the purpose of developing a Catholic cemetery.
The Diocese is requesting access to the property for limited agricultural maintenance and
planning purposes. The easiest and best access is via Redwood Road.
In response to Council questions, City Attorney Tom Curry said the City Council could
direct staffto develop a resolution that would provide essentially the same protection to the
City as the no access strip. The City could then abandon the no access strip. The resolution
could limit the uses to those represented by the Diocese.
Father Stall, representing the Diocese, said the ranch has only one other access, which is
over a very unsound bridge. They are in the process of preparing a plan for development of
the property as a cemetery in approximately five years. He noted that they are not outsiders
to the community, but currently have facilities at St. Michael's and St. Charles'. It is not
their intent to bypass Livermore's ability to approve a project so close to the City limits.
They asked to annex and were told by staffnot to make the application. They only want to
access the property for agricultural purposes which are already approved - to disk, clean up
and inspect the property. They would place a cyclone fence at the Redwood Road.
CM Stein asked if the Diocese would let the Historical Preservation Committee review the
structures on the site; Father Stall said they would if they are given access.
ON THE MOTION OF VM VARGAS, SECONDED BY CM STEIN, AND CARRIED BY A 5-0 VOTE, THE
FOLLOWING RESOLUTION WAS ADOPTED. COUNCIL DIRECTED THAT, IF THE ABANDONMENT
IS APPROVED FOLLOWING THE PUBLIC HEARING, THE RESOLUTION SHOULD PROVIDE FOR
ACCESS TO THE HISTORICAL PRESERVATION COMMITTEE AND ALLOW ACCESS BY THE
DIOCESE ONLY FOR LIMITED AGRICULTURAL, MAINTENANCE AND PLANNING PURPOSES.
RESOLUTION 9%256
RESOLUTION OF INTENTION TO VACATE A NO VEHICULAR ACCESS STRIP
AND SET A PUBLIC HEARING (REDWOOD ROAD)
September 8, 1997
CM/57/409
6.3 City_ Boards/Commissions
ON THE MOTION OF VM VARGAS, SECONDED BY CM STEIN, AND CARRIED BY A 5-0 VOTE, THE
FOLLOWING APPOINTMENTS WERE MADE:
ao
Appointment of George Bokanich to the Golf Course Greens Committee for term
ending November 1, 2001; appointment of Jack Feely, term beginning November 1,
1997 and ending November 1, 2001.
Reappointment of James Wharton, Kimberly Shepodd, David Darlington and Kirk
Thompson to the Environment & Energy Committee for terms ending September 1,
1999.
do
Appointment of Joseph Iannucci to the Environment & Energy Committee for term
ending September 1, 1999.
Reappointment of Douglas Mcleod and Rich Buckley as Livermore representatives to
the Th-Valley Community TV Board for terms ending September 9, 1999.
7. COUNCIL COMMITTEE REPORTS - None.
MATTERS INITIATED BY CITY MANAGER. CITY ATTORNEY. STAFF
AND COUNCIL MEMBEII~q
~ - CM Stein requested information on why the Italian Cypress trees were
removed.
Zoning and General Phln - CM Stein noted that Zoning and General Plan have historically
been a ceiling and not a floor in terms of density, and density could be dropped if it was
consistent with neighboring properties. The Council directed that this matter be placed on an
upcoming agenda.
Holmes Street Fencing and Landscaping - CM Wieskamp noted that the area is in disarray
and the Magnolia trees suffer because the planting environment is poor. She requested that
staff look at possible solutions, including replacement of the trees.
Bakery_ on Livermore Avenue - CM Wieskamp noted that the bakery appears to be
conducing wholesale rather than retail business; she requested a report.
Street Name Si_c,n~ - CM Wieskamp noted that many street name signs are faded and
difficult to read.
CM/57/410 September 8, 1997
8. MATTERS INITIATED (Continued)
Taste of Downtow~ - CM Wieskamp noted that the Taste of Downtown was a wonderful
event, drawing many new residents and their children.
Residential Resale Inspection Program - CM Reitter asked if the Council was interested in
placing this matter on an upcoming agenda.
Soundwall on 1-580 near Holiday Inn - CM Reitter said a soundwall is needed on 1-580
near the mobile home park and Holiday Inn in Springtown to reduce noise and road debris.
CM Wieskamp suggested alternatives such as fencing and berms.
Lighting and Landscape District~ - CM Reitter suggested that the City budget funds
annually to fund certain capital improvements, such as play equipment, in LL Districts. This
would forego the need for an expensive election process.
Portola Avenue - CM Reitter suggested that the Beautification Committee be directed to
propose improvements to Portola Avenue, as a gateway to the City.
Tracy Hills Project - CM Reitter expressed concern that this project will increase traffic on
Tesla Road from Corral Hollow Road. Mr. Hand described the Ell{ process and Alameda
County's comment letter.
Las Positas Golf Course - VM Vargas noted that the San Francisco Business Times listed
the golf course as the third busiest in the Bay Area.
Construction Activity_ on Railroad Avenue. - VM Vargas noted that some sort of
construction activity involving cables and poles is taking place on Railroad Avenue near
Valley Pool; he requested a report.
Speeding on Cedar Avenue - VM Vargas noted excessive speeding and requested a report
on the possibility of installing stop signs or other traffic controls.
Minor Modifications to Approvals - VM Vargas requested that Council discuss authorizing
staff to approve minor modifications to applications already approved by Council, to expedite
projects for homeowners. The Council directed that this item be placed on an upcoming
agenda.
City_ Council Meeting Broadcast on Cable TV - Mayor Brown thanked Channel 30. She
noted that the City Council meeting will be delayed-broadcast. She said she is excited the
public will be able to see Council meetings and stay informed, and she invited the public to
attend meetings and to give input.
September 8, 1997
CM/57/411
8. MATTERS INITIATED (Continued)
Monument Sign on College Avenue - Mayor Brown noted a rental monument sign which
she believes is out of compliance.
ADJOURNMENT - The meeting adjourned at 9:55 p.m. to a Regular City Council meeting
on Monday, October 6, 1997 at 7:00 p.m., Council Chambers, 3575 Pacific Avenue.
APPROVED:
ATTEST:
MAYOR
ALICE CALVERT, CITY CLERK
CITY OF LIVERMORE
CM/57/412 September 8, 1997