Loading...
HomeMy Public PortalAboutCCMINS 08-07-1989REGULAR MEETING OF AUGUST 7~ 1989 CLOSED SESSION A Closed Session was held to meet with representatives regarding labor relation matters. CALL TO ORDER The regular meeting of the City Council was called to order at 6:45 p.m. on August 7, 1989. ROT,T, CALL Present: Councilmembers Vargas, Brown, Bartoli, Wieskamp and Mayor Turner. Absent: None. Staff Members Present: City Manager Lee Hornet, City Attorney Tom Curry, Assistant City Manager Jerry Peeler, Planning Director Bob Brown, Public Works Director John Hines, and City Clerk Carol Greany. PT,V. DGE OF ALLEGIANCE Mayor Turner led the Councilmembers and those present in the pledge of allegiance. PROCLAMATIONS Proclaiming September 2 as Drive for Life Day. Proclaiming September 10 as Grandparents Day in Livermore. Proclaiming September 17 as Staying Alive 1989. Certificate awarded to Clark Conover for achievements in wrestling, Livermore High School. CITIZENS FORUM Tom Reitter, DeCaen Court, questioned who is responsible for the contamination found at the North Mines Road overcrossing and who will clean it up. Staff advised the Council that a report will be on the next agenda. CM/46/251 August 7, 1989 CITIZENS FORUM (Continued) John Stein, Kathy Court, told the Council that he believes the housing development on Superblock has taken so much of the parking originally used for the Vine Theater Center that ample parking is not available for patrons of that shopping center. He suggested that patrons of the center be allowed to use some of the parking in the housing area. Mr. Stein reported that the factory outlet, scheduled to be built at the intersection of Las Positas and North Livermore, has found another location. He questioned if the staff or Council is aware of where they have relocated. Mayor Turner said that as far as he knows the factory outlet is still scheduled to be built at that location. PUBLIC HEARINGS GRANADA WOODS ASSESSMENT DISTRICT NO. 88-4 Hearing to consider protests to proposed improvements to area known as Granada Woods Assessment District No. 88-4, located between Ontario Drive and E1 Caminito, north of E1 Padro Drive. Improvements consist of the removal and replacement of the perimeter fence for Tract #2139. Staff made the following recommendations: a. Open continued public hearing on Resolution of Intention and amended Engineer,s Report. b. If Council wishes to proceed, close hearing, adopt a resolution overruling protests and take the following actions: ' 1. File amended Engineer,s Report. 2. Adopt resolution approving amended report and assessment and order improvements. , 3. Adopt resolution authorizing change orders. 4. .Adopt resolution awarding contract Alternate No. 1 to Fence Systems, Inc. ' , 5. Adopt resolution approving Change Order No. 1. John Hines, Public Works Director, reviewed the staff report stating that the first bids received for this job were rejected because the Granada Woods Homeowners Association was not satisfied with the quality of the wall. When bids were solicited the second time only one bid was received, however, it is acceptable. The base bid and the alternatives are variations in the texture of the concrete block and pattern. The more expensive alternatives use more "split face" block. The homeowners, group is pleased with the aesthetics of this proposal. CM/46/252 August 7, 1989 PUBLIC HEARING (Continued) GRANADA WOODS ASSESSI~ENT DISTRICT NO. 88-4 (Continued) Mr. Hines explained the estimated cost for the project and the assignment of cost. He said the amount to be paid by the Assessment District is $200,000, resulting in no change to the assessments to the parcels as originally engineered. If the Council decides to collect the additional $38,954 of cost, a second Amended Engineer's Report must be prepared and a new hearing set. If the Assessment District cost is set at $200,000, then the City would be paying the additional costs for services of outside consultants (soil investigations and engineering). Lee Horner, City Manager, added that the additional costs are one-half in administration and the other $19,000 are the bond counsel costs and engineering. Mr. Homer pointed out that this wall will improve the overall appearance of the area and will be a permanent structure. Mayor Turner opened the public hearing. Neal Cavanaugh, Escondido Circle, represented the Homeowners Association and urged the Council to approve the formation of the assessment district as recommended by the City staff. Marlin Pound, 542 Escondido Circle, said that he was not appearing to oppose the assessment district, however, he would like some clarification. He said he felt the Homeowners Association did not involve the individual homeowners in the selection of the fence, and he was not aware of the design until he came to City Hall to view the pictures. He pointed out that the Council should consider the fact that the wall may be subject to graffiti and with the rough surface it might be difficult to clean. He suggested that the Council include in the price a sealant treatment which would help in the cleaning process if necessary. Mayor Turner asked John Hines to address that issue. Mr. Hines said that the City has not experienced a great deal of graffiti problems and since this fence has a very rough surface it may not be a target. He also added that the sealant referred to by Mr. Pound is a very expensive treatment and not always effective. In response to the Council's inquiry, Mr. Hines added that the responsibility to maintain the fence will lie with the Homeowners Association. CM/46/253 August 7, 1989 PUBLIC HEARINGS (Continued) GRANADA WOODS ASSESSMENT DISTRICT NO. 88-4 (Continued) MAYOR TURNER MOVED TO APPROVE THE STAFF RECOMMENDATIONS, SECONDED BY COUNCILMEMBER BROWN. A brief discussion followed regarding the maintenance of the fence in the future. Staff again confirmed that although the City maintains backing lot walls on major streets, this wall will not qualify for City maintenance. CM Bartoli expressed concern that the homeowners would be burdened with the upkeep of this fence, whereas other citizens in the City with similar situations are not. CM Vargas complimented the Homeowners Association on their diligence and patience in bringing together this neighborhood project. No other comments were made on the motion. The public hearing was closed. THE MOTION PASSED BY A 5-0 VOTE. RESOLUTION NO. 264-89 RESOLUTION OVERRULING PROTESTS RESOLUTION NO. 265-89 RESOLUTION APPROVING AMENDED REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT RESOLUTION NO. 266-89 RESOLUTION AUTHORIZING CHANGE ORDERS RESOLUTION NO. 267-89 RESOLUTION AWARDING CONTRACT FENCE SYSTEM, INC., DBA THE YARD ALTERNATE NO. 1 RESOLUTION NO. 268-89 RESOLUTION APPROVING CHANGE ORDER NO. 1 CM/46/254 August 7, 1989 PUBLIC HEARINGS (Continued) FEES/ENGINEERING PLAN CHECKS & SUBDIVISION MAP CHECK Hearing to consider adoption of a fee for engineering plan checks of development projects and modification to the subdivision map check fee. Staff recommended this hearing be continued to the meeting of September 11 to allow staff additional time to establish the proper fee. ON THE MOTION OF COUNCILMEMBER BROWN, SECONDED BY COUNCILMEMBER VARGAS AND BY A 5-0 VOTE, THIS ITEM WAS CONTINUED TO THE MEETING OF SEPTEMBER 11. TENTATIVE TRACT MAP #6076/LINN Tentative Tract Map #6076, request of John Linn, to subdivide a 5+/- acre parcel into 10 lots, and reconsideration of a portion of the policy establishing a local residential circulation plan for the area east of Arroyo Road, north of Marina Avenue. Location: Bess Avenue at Arroyo Road. Zoning District: RS-2 (Suburban Residential). General Plan: Urban Low-2 (2 du/ac) Residential. Negative Declaration consideration. The staff and Planning Commission recommended Council certify the environmental report with direction to file, modify the circulation policy to have Bess Avenue remain open, and approve Tentative Tract Map #6076 subject to conditions of approval. Planning Director Brown reviewed the staff report stating that there are two related issues pertaining to this proposal. The first involves the closure of Bess Avenue and the circulation and access to the neighborhoods and properties to the east consistent with recent City Council policy regarding the area street circulation. The second issue involves the applicant's street circulation proposal for this map, and whether his proposal provides a workable circulation plan for the project site that is safe and provides effective ingress and egress to Arroyo Road. The appl'icant's proposal would require that Bess Avenue remain open to Arroyo Road and the proposed "A" Street would link down to Bess Avenue but would not extend to Arroyo Road. CM/46/255 August 7, 1989 PUBLIC HEARINGS (Continued) TENTATIVE TRACT MAP #6076/LINN (Continued) In reviewing the tentative tract proposal, the City's traffic engineer specifically evaluated the subject site and recommended that Bess Avenue remain open for the following reasons: The existing Bess Avenue intersection is at the crest of a small hill, which provides better sight distance to the north and south along Arroyo Road. The Bess Avenue intersection is closer to Concannon Boulevard thereby providing better assurance that elementary school children would cross Arroyo Road at Concannon which will be signalized in the future. The intersection provides a 3-way or T-intersection with Arroyo Road which minimizes turning conflicts. An access opposite Sydney would create a 4-way intersection with some cross traffic making access from Arroyo Road more difficult and potentially less safe given speeds along Arroyo Road. Therefore, Mr. Brown pointed out, while the "A" Street connection with Arroyo Road is feasible, the existing Bess Avenue alternative provides some advantages. The staff is recommending that Council reconsider its policy on the future closure of Bess Avenue. Under this option, the applicant's proposal is an appropriate subdivision design. In response to CM Brown's question regarding the applicant's proposal, Mr. Brown said that the applicant did not propose a map consistent with the previous Council's policy. He did, however, propose a map which continued "A" Street to Arroyo Road but did not connect it to Bess Avenue. John Linn, 1059 Sherry Way, applicant, urged the Council to approve the staff recommendation. He pointed out that the traffic engineer has determined that "A" Street should not be extended to Arroyo Road and that the Bess intersection is a safer alternative. Mr. Linn said that if he is required to install a road east to west and north to south, through his five acre parcel, there would be nothing left. He said they held neighborhood meetings and most of the people favor his proposal. Bill Maranville, 2484 Bess Avenue, complained that he and the other residents of Bess Avenue have attended three Council meetings and it appears this issue is still not resolved. CM/46/256 August 7, 1989 PUBLIC HEARINGS (Continued) TENTATIVE TRACT MAP #6076/LINN (Continued) Mr. Maranville submitted a letter to the Council and read it into the record stating that he believes leaving Bess Avenue open to Arroyo will not guarantee that students cross Arroyo at Concannon. He agreed that opening "A" Street to Arroyo could result in a traffic hazard because of the limited visibility along Arroyo Road. He felt the real solution to the problem is to put in "A" Street to its termination at the Shea Development, leave Bess Avenue open to Arroyo for the present, and when Bess is open for connection to Concannon, then close the intersection at Arroyo leaving only a fire lane. He said he believes the Planning Department has not done an adequate study of the traffic problems and suggested they go back, restudy this issue and involve the people in the area. Mike Thompson, co-owner of Tract #6076, urged the Council to approve the staff recommendation, which is the original recommendation of the Planning Commission. He pointed out that the intersection of Bess and Arroyo would be widened and improved to make it safer. Ron Lougheed, Bess Avenue, expressed concern that Bess Avenue will have even more traffic and will eventually become a collector street. He said in their meetings with Shea Development they firmly stated they want a rural street. Earl Mason, Civil Engineer, showed sketches to the Council noting that Concannon will be a 4-way intersection. If "A" Street is put in as previously proposed by the Council, it would also be a 4-way and would not be safe. He showed a sketch with "A" Street coming into Bess and connecting onto Chardonnay. John Stein, Kathy Court, said he objected to bringing these two issues under one matter. He felt they should be separated. He suggested that some grading take place at the Bess Avenue intersection to improve its safety and visibility. Michael Farrell, Civil Engineer, representing the applicants, urged the Council to adopt the staff recommendation. Jack Perra, Bess Avenue, said Bess Avenue is already a "race track" and asked if the City could install some "speed discouragement" along that road. CM/46/257 August 7, 1989 PUBLIC HEARINGS (Continued) TENTATIVE TRACT MAP #6076/LINN (Continued) Cheryl Seberger, Chardon~ay Way, said she believes some of the lots are very small, i.e., 1,400 sq. ft. She also suggested that if there is a safety issue, all of the streets should funnel into Concannon and Bess. "A" Street should be closed to Arroyo. Ann Willburn, Bess Avenue, felt the visibility is poor at the Bess/Arroyo intersection and suggested some grading improvements would bring it up to standards. Mayor Turner said Bess Avenue could be widened and regraded at the intersection, however, Mr. Perra's suggestion on speed bumps would not be legal for City streets. In response to Mayor Turner's question regarding the suggestion to close both "A" and Bess to Arroyo, Planning Director Brown stated the staff would not recommend that since it would limit circulation and there would be no other route out other than Concannon. Mayor Turner pointed out the Shea Homes development will be responsible for a large amount of the road improvements in that area and he would like to make that point clear for the record. In response to Mrs. Seberger's question regarding lot size, the staff stated that the lot sizes conform and are consistent with the zoning and policy direction of the City Council. CM Brown expressed concern regarding the testimony of Bess Avenue residents. She felt that the applicant was not adhering to the City policy by submitting a map inconsistent and maximizing the number of lots. She said it is difficult to look at this small map when the Shea development is much larger and will have more impact on the traffic circulation. VM Wieskamp said she believes opening "A" Street to Arroyo would be disastrous. She pointed out there could be connections on the western edge of the Shea project by closing Bess and "A" to Arroyo and directing the traffic to Concannon on the east and west end of this area. CM Brown pointed out there would be a need for emergency access, however, and it was agreed that could be done at either Bess or "A" Street. CM Bartoli disagreed with this suggestion and believes there has to be another street connection to Arroyo. She did not agree with closing Bess. CM/46/258 August 7, 1989 PUBLIC HEARINGS (Continued) TENTATIVE TRACT MAP #6076/LINN (Continued) CM Vargas said he believes the Council should leave it to staff to find the best connector street. Mayor Turner again pointed out that this is only a ten-unit project and the Shea development, which is much larger, has offered to fix the Bess/Arroyo intersection since they will create the bulk of the traffic. CM Brown said she believes the Council should be looking at both projects at the same time. CM Brown asked the City Attorney if the Council could be creating a potential scenario for lawsuits. The City Attorney stated the Council has design immunity. If, in the future there is a change of circumstances, the Council would have to take appropriate action; however, for the present there is "design immunity." VICE MAYOR WIESKAMP MOVED TO APPROVE THE PROJECT PER EXHIBIT TWO WHICH WOULD NOT EXTEND "A" TO ARROYO, KEEP BESS OPEN AS A CONNECTOR TO ARROYO, IMPROVING THE INTERSECTION TO THE FULL WIDTH OF 40 FEET AS A CONDITION OF THE MAP. A CONNECTOR TO BE MADE TO UNNAMED STREET WHEN SHEA HOMES DEVELOPS. Ron Lougheed, Bess Avenue, again expressed concern that Bess would become a collector street. They have firmly stated they want it to remain a rural street. Bill Maranville urged the Council to look at the whole area and not just one small development. Jack Perra, pointed out that all the residents were involved with the Shea Homes development, and if Bess Avenue is now improved to the full width it would be a "whiplash" to the Bess Avenue residents. VICE MAYOR WIESKAMP RECONSIDERED HER MOTION AND SAID SHE AGREES WITH THE SPEAKERS. SHE WITHDREW HER MOTION. Mayor Turner said he believes a solution can be found and the people of this area should not be expected to rehear this matter over and over. He said he believes that "A" Street could connect to Bess and then on into the Shea Development once it is developed. CM/46/259 .t ~ugust 7, 1989 PUBLIC HEARINGS (Continued) TENTATIVE TRACT MAP #6076/LINN (Continued) VM Wieskamp clarified she was not proposing to widen Bess Avenue to the full width, and she was only suggesting that Bess Avenue/Arroyo Road intersection be widened to standard. A lengthy discussion followed regarding various street configurations. CM Vargas said he thinks the safety issue of "A" has been resolved since the consensus is that it is not a safe connection. The question is whether both streets should be looped to the connector. CM Vargas suggested that Council deal with the issues separately. COUNCILMEMBER BARTOLI MOVED TO ADOPT A STREET CIRCULATION PLAN WHICH WOULD REQUIRE "A" STREET TO LOOP DOWN TO BESS, BESS STREET WOULD REMAIN OPEN AND BE IMPROVED AT THE INTERSECTION TO CITY STANDARDS, AND THE RIGHT-OF-WAY FOR THE WIDENING OF THE INTERSECTION WOULD BE TAKEN FROM THE PROPERTY ON THE NORTH SIDE, SECONDED BY VICE MAYOR WIESKAMP.. John Stein spoke against the motion saying that this policy is piecemeal planning. Jack Perra said 'he would support the motion as long as it is clear that the right-of-way is taken from the property on the north side. Joanna Thompson, Bess Avenue, felt the'Council is piecemealing the area and they should look at the area as a whole development. CM Brown said she could not support the motion as she believes this map is deciding the circulation for the entire area. Council is not allowing time to look at other alternatives. She pointed out the people living on Bess have lived there for a long time, and there are lifestyles that will not survive these developments. CMVargas pointed out that once the Shea development is constructed, there can be a connection from that area. He said he feels the impression is being created that the Council is rushing into a decision on this issue. A lot of thought, time and meetings with citizens have taken place including the Planning Commission meetings. Those meetings were held to do what is being suggested -- to look at and plan the area. He said they initially looked at the policy to do just that -- avoid circulation problems that you find when you do piecemeal planning. The whole effort has been one Go try to do a comprehensive plan and he feels staff and Council has a good handle on it. He suggested that enough information is available to move forward and that the motion is reasonable. The connection to the Shea development is a good idea and should be pursued, he said, no matter what happens with Bess Avenue. CM/46/260 August 7, 1989 PUBLIC HEARINGS (Continued) TENTATIVE TRACT MAP #6076/LINN .(Continued) VMWieskamp agreed that it has been frustrating because we are dealing with an existing street, however, she heard staff confirm that Bess Avenue is not a collector street and she emphasized that fact for the record. She felt it was clear that the extension of "A" Street to Arroyo creates an unsafe intersection. She agreed that staff should pursue the connection to the Shea development and that stop signs should be installed where necessary. No other comments were made on the motion and the public hearing was closed. THE MOTION PASSED BY A 4-1-0 VOTE (COUNCILMEMBER BROWN DISSENTING). COUNCILMEMBER BARTOLI MOVED TO APPROVE TENTATIVE TRACT MAP #6076 AS RECOMMENDED, AND TO ADD THE CONDITION THAT THE RIGHT-OF-WAY FOR IMPROVEMENTS TO THE BESS INTERSECTION BE TAKEN FROM THE NORTH SIDE PROPERTY, SECONDED BY MAYOR TURNER. VM Wieskamp asked who would bear the costs of the improvements to the intersection? Bob Brown said the developers can either arrange a benefit district, or they can wait and do the intersection as a combined project. No other comments were made on the motion and the public hearing was closed on the map. THE MOTION PASSED BY A 4-1-0 VOTE (COUNCILMEMBER BROWN DISSENTING). TENTATIVE TRACT MAP #6113/API, INC./ FERRERI Tentative Tract Map #6113, request of Associated Professions, Inc./John Ferreri, to subdivide two five-acre parcels into 20 lots. Location: North of Scenic Avenue, west of Laughlin Road. Parcel Size: 10+/- acres. Zoning District: RS-3 (Suburban Residential). General Plan: Urban Low Medium (3 du/ac). Negative Declaration consideration. The staff and Planning Commission recommended Council certify the environmental report with direction to file and approve Tentative Tract Map #6113 subject to conditions of approval. CM/46/261 August 7, 1989 PUBLIC HEARINGS (Continued) TENTATIVE TRACT MAP #6113/API, INC./FERRERI (Continued) Planning Director Brown explained that this application involves two separate parcels owned by a single property owner. In response to CM Brown's question regarding the HIP exemption, Mr. Brown stated it is the interpretation of the staff that since each lot is a lot of record and a separate parcel, it is entitled to ten units. He pointed out the applicant could, at separate times, make those applications. The staff felt by processing both at the same time it would be more efficient and expedient. CM Brown said although the interpretation allows this application to proceed, she does not agree that it is consistent with the original policy and they are "bumping,, up against the rules. Mayor Turner said he did not want to injure the policy, however, this application clearly qualifies. CM Bartoli said she believes CM Brown's reasoning is valid; however, she pointed out that on College Avenue there were a number of property owners who applied and were granted 28 units in one application. This developer is compromising in order to use this policy by downzoning to two to the acre. He has made a tradeoff and, therefore, it is a benefit to the City as well. CM Vargas said that under the policy a property owner cannot go out and create new parcels and qualify. The City Council has approved a number of exemptions this year, and because of the strong economy the neighbors in the areas are supporting the policy. The City is benefitting by good infill and the neighborhoods are happy with this program. Earl Mason, representing the applicant, added that these were parcels of record seven years ago and he agrees with the staff report. ' John Stein, Kathy Court, opposed the application and stated the City cannot have 3 1/2% growth rate with these exemptions. He said the schools cannot plan properly and the cumulative impact on roads, etc. is not being taken into consideration. Mayor Turner responded to Mr. Stein, stating he continues to hear about the impact on schools and the LARPD. He said there are certain people who accuse the Council of not caring about the school issue, however, the City coordinates with the school district. Mr. Stein's wife is a member of the School Board and yet the Council has never heard from her. He said he takes exception to Mr. Stein's comments. CM/46/262 August 7, 1989 PUBLIC HEARINGS (Continued) TENTATIVE TRACT MAP #6113/API, INC./ FERRERI (Continued) CM Vargas said it seems the Council deals with these issues at each meeting. He pointed out that when the exemption policy was approved by the Council, staff identified approximately 500 units (maximtun) which could be constructed under the policy. The current good housing market is driving the pace at which homes are being built under the program. Regarding the street pattern for thLs development, he believes the staff has created a good pattern. COUNCILMEMBER VARGAS MOVED TO APPROVE THE STAFF RECOM~ENDATION, SECONDED BY COUNCILMEMBER BARTOLI. CM Brown said she has already stated her feelings on this matter. She said she recalled that during the HIP process other projects in this area were rejected because of~.the circulation problem. This development is in that area and will remain isolated. It is premature. No other comments were made on the motion and the public hearing was clDsed. THE MOTION PASSED BY A 4-1-0 VOTE (COUNCILMEMBER BROWN DISSENTING). TENTATIVE TRACT MAP #6098/API, KLINKE/BARR Tentative Tract Map #6098, request of Associated Professions, Inc./Gerald Klinke and Larry Barr, to subdivide two parcels into a total of 20 lots. Location: South of Lomitas Avenue. Parcel Size: 10+/- acres. Zoning District: RS-2 (Suburban Residential). General Plan: Urban Low-2 (2 du/ac) Residential. Negative Declaration consideration. The staff and Planning Commission recommended Council certify the environmental report with direction to file and approve Tentative Tract Map #6098 subject to conditions of approval. CM Brown noted this request for exemption units involves separately owned parcels. Earl Mason, representing the applicant, pointed out they have redrawn the .lot lines in order to make the lots more consistent at approximately 15,000 sq. ft. each. COUNCILMEMBER BROWN MOVED TO APPROVE THE MAP AS REDRAWN, SECONDED BY VICE MAYOR WIESKAMP. CM/46/263 August 7, 1989 PUBLIC HEARINGS (Continued) TENTATI~-E TRACT MAP ~6098/API, KLINKE/BARR (Continued) No other comments were made on the motion and the public hearing was closed. THE MOTION PASSED BY A 5-0 VOTE. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES City-initiated hearing to consider adoption of City guidelines for the implementation of the California Environmental Quality Act. Staff recommended Council instruct staff to prepare a resolution approving City guidelines. CM Brown asked if this action will update our procedures to bring it in line with the State requirements. Tom Curry, City Attorney, confirmed that is true. No other comments were made and the public hearing was closed. COUNCILMEMBER BROWN MOVED TO APPROVE THE PROPOSED PROCEDURES, SECONDED BY VICE MAYOR WIESKAMP, AND PASSED BY A 5-0 VOTE. CONSENT CALENDAR ON MOTION OF COUNCILMEMBER BROWN, SECONDED BY COUNCILMEMBER VARGAS, AND BY A 5-0 VOTE, THE CONSENT CALENDAR WAS ADOPTED. VICE MAYOR WIESKAMP NOTED ABSTENTIONS ON ITEMS 2.1 A-C. ITEM 2.16 WAS DELETED. TENTATIVE PARCEL MAP #5572/VARIANCE #76-89 RESOLUTION NO. 269-89 A RESOLUTION APPROVING A TENTATIVE PARCEL MAP (Tentative Parcel Map #5572 & Variance #76-89) TENTATIVE TRACT MAP #6093/API, INC. RESOLUTION NO. 270-89 A RESOLUTION APPROVING A TENTATIVE TRACT MAP (Tentative Tract Map #6093) CM/46/264 August 7, 1989 CONSENT CALENDAR (Continued) PLANNED UNIT DEVELOPMENT #164-88/ DIABLO VENTURES WEST RESOLUTION NO. 271-89 A RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT PERMIT (P.U.D. 164-88) PLANNED UNIT DEVELOPMENT #82-89/ SITE PLAN APPROVAL #83-89/PELL DEVELOPMENT COMPANY RESOLUTION NO. 272-89 A RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT PERMIT AND A SITE PLAN (P.U.D. 82-89 - Site Plan Approval 83-89) NORTHSIDE ANNEXATION NO. 1 RESOLUTION NO. 273-89 A RESOLUTION APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY TO THE CITY OF LIVERMORE PURSUANT TO THE MUNICIPAL CORTESE/KNOX LOCAL GOVERNMENT REORGANIZATION ACT OF 1985 (Northside Annexation No. 1) LEASE AGREEMENT/ REGIONAL AMBULANCE CO. RESOLUTION NO. 274-89 A RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT (Regional Ambulance Company) CM/46/265 August 7, 1989 CONSENT CALENDAR (Continued) AGREEMeNT/ARCHITECTURAL SERVICES: LAS POSITAS CLUBHOUSE, PUBLIC WORKS PROJECT #89-07 RESOLUTION NO. 275-89 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Hennessy & Associates of Carmel) AGREEMENT/ET.~CTION SERVICES & SUPPLIES RESOLUTION NO. 276-89 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Election Services/Alameda County) NOTICES OF AGREEMENT/MASTERMEMORANDUMS OF UNDERSTANDING: POLICE OFFICERS & LIEUTENANTS/OPERATiNG ENGINEERS LOCAL UNION #3 RESOLUTION NO. 277-89 A RESOLUTION APPROVING A NOTICE OF AGREEMENT & THE MASTER MEMORANDUM OF UNDERSTANDING (Livermore Police Lieutenant/Operating Engineers Local Union #3 Bargaining Unit) RESOLUTION NO. 278-89 A RESOLUTION APPROVING A NOTICE OF AGREEMENT & AMENDMENTS TO THE MASTER MEMORANDUM OF UNDERSTANDING & AMENDING THE SALARY RESOLUTION (Livermore Police Officers Association - Operating Engineering Local Union #3) EAST AVENUE ANNEXATION #14 RESOLUTION NO. 279-89 A RESOLUTION RESCINDING RESOLUTION NO. 77-89 & MAKING APPLICATION TO ALAMEDA COUNTY LOCAL AGENCY FORMATION COMMISSION REQUESTING INITIATION OF PROCEEDINGS FOR PROPOSED ANNEXATION PURSUANT TO THE CORTESE/KNOX LOCAL GOVERNMENT REORGANIZATION ACT OF 1985 (East Avenue Annex No. 14) LOT LINE ADJUSTMENT #117-89/PFEIFER RESOLUTION NO. 280-89 A RESOLUTION APPROVING LOT LINE ADJUSTMENT (#117-89) CM/46/266 August 7, 1989 CONSENT CAT~NDAR (Continued) GRANT/QUITCLAIM DEEDS: ACFCWCD RESOLUTION NO. 281-89 A RESOLUTION AUTHORIZING EXECUTION OF GRANT DEED & A QUITCLAIM DEED (Alameda County Flood Control & Water Conservation District) (ACFCWCD) Zone 7 RESOLUTION NO. 282-89 A RESOLUTION AUTHORIZING EXECUTION OF A QUITCLAIM DEED (Spieker - Singleton - Schnugg #154) FINAL ACCEPTANCE/GRADE SEPARATION & TRACK CHANNEL PROJECT NO. 84-15 RESOLUTION NO. 283-89 A RESOLUTION AUTHORIZING FINAL ACCEPTANCE FOR PERMANENT MAINTENANCE (Grade Separation & Track/Channel Project No. 84-15) BID AWARD/REFURBISH FIRE ENGINE RESOLUTION NO. 284-89 A RESOLUTION AWARDING BID & AUTHORIZING EXECUTION OF AGREEMENT (High Tech) SUBDIVISION IMPROVE- MENT AGREEMENT/FINAL TRACT MAP #5887 RESOLUTION NO. 285-89 A RESOLUTION APPROVING A FINAL TRACT MAP & AUTHORIZING EXECUTION OF A SUBDIVISION IMPROVEMENT AGREEMENT (API/Hempy Development - Tract Map #5887) CM/46/267 August 7, 1989 ONSENT CAT,F~NDAR (Continued) BID AWARD/TRAFFIC SIGNAL/STREET WIDENING CHARLOTTE WAY & EAST AVENUE RESOLUTION NO. 286-89 A RESOLUTION AWARDING BID & AUTHORIZING EXECUTION OF AGREEMENT (Public Works Project #88-27/Richard A. Heaps) BID AWARD/1988-89 STREET RESURFACING PUBLIC WORKS PROJECT #88-01 RESOLUTION NO. 287-89 A RESOLUTION AWARDING BID & AUTHORIZING EXECUTION OF AGREEMENT (Project No. 88-01 - 1988-89 Street Resurfacing) PERMANENT MAINTENANCE TRACT MAP #5472 RESOLUTION NO. 288-89 A RESOLUTION AUTHORIZING FINAL ACCEPTANCE FOR PERMANENT MAINTENANCE (Tract Map #5472 - McBail) FINAL PARCEL MAP #5605 RESOLUTION NO. 289-89 A RESOLUTION APPROVING A FINAL MAP (Parcel Map #5605/Orchard) CITY COUNCIL CHAMBERS FACILITY This item was continued to the meeting of September 11. UPDATE ON MEASURE R PROGRAM FUNDING Update on Measure R program funding was noted. CM/46/268 August 7, 1989 CONSENT CAT.RNDAR (Continued) REJECTING CLAIMS RESOLUTION NO. 290-89 A RESOLUTION REJECTING CLAIM (Lincoln Las Positas) RESOLUTION NO. 291-89 A RESOLUTION REJECTING CLAIM (Michael J. Haiflich) MINUTES The minutes of the Airport Commission meeting of July 17, 1989, were noted. PAYROLL & CLAIMS There were claims in the amounts of $1,170,806.15, $2,080,751.92, $189,712.32, and $988,488.89, dated July 14, 21, 28 and August 4, 1989. UNFINISHED BUSINESS PROPOSED COUNTY GENERAL PLAN AMENDMENTS Continued from meeting of July 24, 1989. Report on proposed County General Plan amendments impacting Livermore Valley. Mayor Turner stated the proposal to continue the requirement of 100 acre minimums in the County is unfair because not many people can afford to buy that much land. Some people argue, however, that as the minimum is reduced it will, in time, be down to one acre minimums. He feels a 20 acre minimum is more reasonable. CM Brown thinks the Council does not need to 'discuss minimums. Her concern deals with Item No. 3, proposed policy that new urban development will be considered in areas outside existing cities and urban areas. The staff report pointed out the potential effect would allow counties to provide for urban development into rural areas and/or around existing City boundaries, and would impact important, long-standing fiscal (taxing) and service relationships and responsibilities between cities and the counties. CM/46/269 August 7, 1989 UNFINISHED BUSINESS (Continued) PROPOSED COUNTY GENERAL PLAN AMENDMENTS (Continued) CM Brown said she has spoken with other Valley cities. They have made strong statements against this policy change. She feels growth needs to occur in an orderly fashion. VM Wieskamp said an integral part of the South Livermore Valley Study involves urban development as part of the formula to make it work. She said there may be spots in the south area where housing will work. She believes the County will work out the problem of the acreage. Our responsibility is to look at the City and how it will affect us. She felt the City should send a statement that we do not agree with the proposed urban development policy. CM Vargas agreed this is a most important issue and that a letter should be sent. CM Bartoli reminded the Councilmembers that if we state we will take the responsibility, then Livermore must initiate studies to maintain control of our boundaries and show the County that we are taking control. COUNCILMEMBER MOVED TO SEND A LETTER TO THE COUNTY OPPOSING THE POLICY TO CHANGE THE URBAN DEVELOPMENT OUTSIDE EXISTING CITY BOUNDARIES, SECONDED BY VICE MAYOR WIESKAMP, AND PASSED BY A 5-0 VOTE. ORDINANCES - None. WRITTEN COMMUNICATIONS - None. NEW BUSINESS SUPPLEMENTAL BUDGET APPROPRIATION Consider a supplemental appropriation of $10,000 to the "We Say No" program. The City Manager noted that the Council contributed $5,000 to the "We Say No" program in August of 1988, and CM Bartoli has now requested consideration of another appropriation of $10,000. This appropriation would cover fiscal year ending June 1990. Pat Renn, Executive Director of the "We Say No" program, gave a summary of the activities of the program and its direction. Tim Ryan, also representing the "We Say No" program urged the Council to make this appropriation. CM/46/270 August 7, 1989 NEW BUSINESS (Continued) SUPPLEMENTAL BUDGET APPROPRIATION (Continued) VM Wieskamp asked the group to consider expanding the program to include young adults. COUNCILMEMBER BARTOLI MOVED TO APPROVE A SUPPLEMENTAL APPROPRIATION OF $10,000 TO THE "WE SAY NO" PROGRAM, SECONDED BY VICE MAYOR WIESKAMP. No other comments were offered. THE MOTION PASSED BY A 5-0 VOTE. RESOLUTION NO. 292-89 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 1989-90 FISCAL YEAR OPERATING BUDGET PERFORMING ARTS CENTER Discussion regarding establishment of a subcommittee to evaluate location for a Performing Arts Center. Lee Horner reviewed his staff report noting that communications have been received from the Livermore Cultural Arts Council (LCAC) and the Redevelopment Project Area Committee requesting that the City fund a feasibility study for a Performing Arts Center. Mr. Horner asked that the Council give staff direction on how to proceed. Should the study focus on options available to the City of Livermore, or should it be directed toward a more Valley-wide use and a more Valley-centered location. CM Vargas said he believes the City should get in touch with the other agencies to see if they are interested in this study. CM/46/271 August 7, 1989 NEW BUSINESS (Continued) PERFORMING ARTS CENTER (Continued) Phillip Dean, representing LCAC, said there has been much discussion recently about the prospects of a Performing Arts Center being built in the Livermore Valley. Citizens for a Valley Performing Arts Center (CVPAC) has been in existence for more than a year studying the possibilities. This organization, however, has not presented a plan of action or stated its intentions publicly. The LCAC believes that the CVPAC effort is not likely to succeed. Although a lot of background information has been obtained, nothing more is happening. The CVPAC has not made any public statements about its progress, but indications are that its current position is that the Performing Arts Center should be located and possibly managed by Las Positas College. The College has publicly endorsed the idea. To the LCAC this appears to be a poor plan. LCAC believes that the construction of a large performing arts center by the Las Positas College would have a low priority, and rightly so. The primary financial goal of the College is to develop its physical plant to satisfy the requirements of the College. LCAC feels that this is not a good situation and a more positive approach should be taken. They believe the City of Livermore is a logical site for a regional Center for the Performing Arts, and the City should assume the responsibility for the studies necessary to define the needs of the Community, obtain the necessary resources and make the construction of the appropriate facility a major goal of the City. LCAC is willing to work with the City and all other organizations in developing a plan to assure that a regional Center for the Performing Arts will be built within Livermore. The Redevelopment Agency Project Area Committee recommended that the City appropriate the funds necessary to undertake a Needs Assessment Study by a firm knowledgeable in this specialized area. They also recommended that a committee representing a broad cross-section of the community and cultural and fine arts group be appointed by the Mayor to advise and interface with the consultant on the study and subsequent activities. Judy Bolton, Cindy Lane, said they have developed a lot .of information, and it is clear the people want a Performing Arts Center. She felt it should incorporate all services in addition to a performing hall which would include banquet facilities and other amenities. She said they have estimated the cost for a study to be $50,000 to $60,000 for evaluating Livermore only, and if it is expanded to a Valley-wide study it would run up to $75,000. CM/46/272 August 7, 1989 NEW BUSINESS (Continued) PERFORMING ARTS CENTER (Continued) Les Edwards, DeLeon Street, said he has spent a lot of time on this having been involved with LCAC for many years. He said he believes Livermore should take the lead but involve all of the other Valley agencies. Tom Reitter encouraged the Council to move forward on this issue and to concentrate on locating such a center in downtown Livermore. Jerry Stelz, Kathy Way, encouraged the Council to choose a subcommittee with a wide range of representatives which would include the City Council, staff, LCAC, LARPD, Chamber of Commerce, The Stockmens and Rodeo Association, as well as the wine industry. Dorothy Hudgins, Chairman of the Citizens for Valley Performing Arts Center (CVPAC), thanked the Council for the opportunity to present their ideas on a Performing Arts Center. She said over the past year the CVPAC Committee has been working hard to identify the most effective way for the Valley communities to plan and build a first rate Performing Arts Center with a seating capacity of 1,000 to 1,250. They have surveyed the cultural organizations and found a high degree of interest in such a facility. In exploring ways to finance the center they obtained an opinion from the California Legislative Council that a Mello Roos Facilities District could be formed by the Chabot Board of Trustees to construct a center, fund its operations, as well as build other College facilities. They discussed this project with Dr. Mertes and the Chabot architect, and encouraged them to seriously consider this challenging opportunity. Mrs. Hudgins urged the Council to take the lead in forming a committee to study this matter further on a regional basis. She noted that a facility of this type could cost up to 18 million dollars. She emphasized that her committee met with the Chabot College Board, they have talked to bond counsel and the College is willing to consider locating a center on the campus. CVPAC stands ready to assist the community in studying this issue. CM/46/273 August 7, 1989 NEW BUSINESS (Continued) PERFORMING ARTS CENTER (Continued) Mrs. Hudgins read a statement, submitted by Barry Schraeder, Local Trustee for the South County Community College District. Mr. Schraeder's statement was made as an individual and not on behalf of the Board of Trustees. He stated that he believes it would be most advantageous, to all concerned, if all three Valley communities work together with the Las Positas College to design and build a facility, rather than each community trying to support its own. Such an undertaking, he believes, would undoubtedly require a bond issue Valley-wide and he would hope that enough enthusiasm and support can be generated to start such a project within the next year. CM Bartoli asked Mrs. Hudgins if her figure of 18 million dollars included land cost. Mrs. Hudgins said it does not. She also pointed out that through the Mello Roos Act a provision can be included which would provide for maintenance of the center over the life of the bond issue which would run 20 to 30 years. Mrs. Hudgins also agreed that she would be glad to visit the other cities in the Valley and make a proposal for their participation. Gib Marguth, representing CVPAC, said he believes the community is ready to be supportive of this idea on a Valley-wide basis. He encouraged the Council to move forward. Tom Raison, encouraged the Council to help fund this study. Ed Kimber, Director of the Amador Opera Company in Dublin, said he would be happy to visit the other communities to encourage getting this started. A discussion followed regarding various ideas for the project. was noted that the Las Positas College site may be a good idea since all entities would feel as if it is a mutual ground. It COUNCILMEMBER VARGAS MOVED TO APPROVE THE GENERAL CONCEPT AND TO MOVE FORWARD TO CONTACT THE OTHER ENTITIES IN THE VALLEY AND ALAMEDA COUNTY ARTS COMMISSION, SECONDED BY VICE MAYOR WIESKAMP. By consensus the Councilmembers agreed that Mayor Turner and Councilmember Bartoli would be the Council representatives on the committee. CM/46/274 August 7, 1989 NEW BUSINESS (Continued) PERFORMING ARTS CENTER (Continued) No other comments were made on the motion. THE MOTION PASSED BY A 5-0 VOTE. Gene Broadman suggested that the Laboratories be represented on this committee. CIVIL AIR PATROL FACILITY Discussion regarding the conceptual plan for the Civil Air Patrol's proposed project to locate a facility at the Livermore Airport. This item was continued to the meeting of September 11. ENERGY COMMISSION Discussion concerning amendment of charges and duties of the Energy Commission. This item was referred back to staff for a report. T,RAGUE OF CALIFORNIA CITIES/VOTING & ALTERNATE MEMBERS Designation of one voting member and an alternate for the League of California Cities meeting in October. Mayor Turner and VM Wieskamp were designated as the voting and alternate, and CM Brown was noted as the subalternate. TERM OF OFFICE/MAYOR Consideration of proposed ballot measure increasing term of Mayor to four-years. Mayor Turner said he asked that this item be placed on the agenda because he believes the Mayor and Councilmembers should serve four year terms. He said four years would allow a Mayor to concentrate on the goals and objectives and to follow through on those plans. CM/46/275 August 7, 1989 NEW BUSINESS (Continued) TERM OF OFFICE/MAYOR (Continued) CM Brown said she supports the present two year term for the Mayor. However, she did not object to the measure being placed on the ballot. MAYOR TURNER MOVED TO PLACE THE MATTER ON THE NOVEMBER 7 GENERAL MUNICIPAL ELECTION BALLOT, SECONDED BY COUNCILMEMBER VARGAS. John Stein, Kathy Court, said he supports the four year term in that it allows seniority to accumulate on boards served outside of the City. He asked that the Mayoral powers be a part of the motion which would require that the appointment powers be shared with the entire Council. No othe~ comments were made. THE MOTION PASSED BY A 5-0 VOTE. LIMITING TERMS/MAYOR & COUNCILMEMBERS Discussion regarding limiting terms of Mayor and Councilmembers. At the request of CM Brown, the City Attorney prepared a report regarding the number of terms which an individual can serve as either Mayor or a member of the City Council. In researching this question the City Attorney found that the City Council lacks the necessary legal authority to impose such a limitation. He sited various California court cases. The courts have concluded that Government Code Section 36502 established that the State Legislature intended to preempt local regulation on matters concerning eligibility for election to the City Council. CITY BOARDS/COMMISSIONS Appointments to City boards/commissions. Beautification Committee: Mayor Turner appointed Karen McDonald to fill the unexpired term created by the resignation of Ann Duff on the Beautification Committee. He requested the City Clerk prepare letters of appreciation to Mrs. Duff and to thank the other applicants for their participation. CM/46/276 TERM OF OFFICE]MAYOR RESOLUTION NO. 293-89 A RESOLUTION SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE RELATING TO THE TERM OF OFFICE OF ELECTED MAYOR August 7, 1989 NEW BUSINESS (Continued) CITY BOARDS/ COMMISSIONS (Continued) Housing Authority: It was noted that Dee Stradling has submitted a letter of resignation. The resignation was accepted and direction was given to prepare a letter of appreciation. The City Clerk noted that a press release announcing the vacancy on the Housing Authority will be prepared and distributed. Mayor Turner stated he received word that another member of the Housing Authority will not be able to complete his term. He directed that vacancy also be announced. Mayor Turner directed the City Clerk to post vacancies on any committees which will occur through October. MATTERS INITIATED TRASH COT.T~CTION Lee Horner noted that over 300 tons of trash were collected on the north side of town on Saturday. The south side will be collected on August 12. SISTER CITY VISIT VM Wieskamp thanked Mayor Turner for allowing her to represent Livermore on a visit to Yotsukaido, Japan, our Sister City. IN-LIEU FEES VM Wieskamp requested the Planning Director to bring back a report in 6-8 weeks regarding the use of in-lieu fees for building starter homes and for providing housing for low-income people. She also asked for a list of City-owned property sites. BUS SHELTER DESIGNS VM Wieskamp requested an agenda item to review bus shelter designs. CM/46/277 August 7, 1989 MATTERS INITIATED (Continued) LONE STAR GRAVEL VM Wieskamp inquired on the progress of shutting down the operation of Lone Star Gravel operation. HANDICAP ACCESS ON 4TH OF JULY CM Brown questioned if handicap access is available at the July 4th event. TREE REMOVAL - SIGNATURE DEVELOPMENT CM Brown asked for a staff report regarding the trees being removed in the Arroyo area of the Signature development. Bob Brown reported that a plan is being followed - 164 trees are proposed to be removed and 339 trees will be planted. LEVEL D - TRAFFIC CM Brown asked about the ordinance on Level D Traffic. said it will come to the Council in October. Bob Brown SPHERE OF INFLUENCE CM Vargas inquired about the sphere of influence issue and when LAFCO would schedule it. MEDIANS ON RAILROAD AVENUE CM Vargas asked why medians on Railroad Avenue do not have more vegetation. Jerry Peeler said the extra cement medians were required to accommodate the Tubbsville project and Bank of America turning lanes. SPRINKLERS CM Bartoli referred to a private citizen's complaint regarding the cost of installing sprinklers in buildings. She asked the staff to confirm whether the quote provided by the citizen is too high or if it is a reasonable quote. SIGNAL LIGHT AT CHARLOTTE/EAST AVENUE Mayor Turner asked when the signal light will be installed at Charlotte/East Avenue. Staff stated approximately four months. CM/46/278 August 7, 1989 MATTERS INITIATED (Continued) SIGNAL LIGHT AT NORTH MINES ROAD/EAST AVE. Mayor Turner directed staff to move up, as much as possible, the installation of the signal light at North Mines Road/East Avenue. NORTH MINES ROAD OVERPASS CT~ANUP Mayor Turner asked the status of the North Mines Road overpass cleanup. John Hines said a consultant's report will be available in approximately eight weeks. LITTLE T~AGUE Mayor Turner reported he will meet with the National Little League on Wednesday, August 9. ADJOURNMENT The meeting adjourned at 11:15 p.m. APPROVED: ATTEST: CM/46/279