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