HomeMy Public PortalAboutCCMINS 05-09-1988May 9, 1988
REGULAR MEETING OF MAY 9, 1988
CLOSED SESSION
Prior to the Redevelopment Agency meeting, the Council met in a
Closed Session to discuss labor negotiations.
The regular meeting of the City Council was held on May 9, 1988, in
the Council Chambers, 3575 Pacific Avenue. The meeting was called
to order at 7:10 p.m. immediately following the Redevelopment
Agency meeting.
ROLL CALL
Councilmembers:
Present:
Councilmembers Vargas, Brown, Wieskamp, Bartoli and
Mayor Turner
Absent: None
Staff Members Present:
City Manager Lee Horner, Assistant City Manager Jerry Peeler, City
Attorney Tom Curry, Planning Director Bob Brown, Assistant Public
Works Director John Hines and City Clerk Carol Greany.
PLEDGE OF ALT~GIANCE
Mayor Turner led the Councilmembers and audience in the pledge of
allegiance.
MINUTES APPROVAL
ON MOTION OF VICE MAYOR VARGAS, SECONDED BY COUNCILMEMBER WIESKAMP,
AND BY A 5-0 VOTE, THE CITY COUNCIL MINUTES OF THE REGULAR MEETING
OF APRIL 11 WERE APPROVED AS PRESENTED.
PROCLAMATIONS
A proclamation was presented to Mr. Bill Brandy, Livermore Dublin
Disposal Co., by Mayor Turner, proclaiming the month of May as
Recycling month.
A proclamation was presented to Lt. Don Lee by Mayor Turner,
proclaiming the week of May 22-28, 1988, as California Traffic
Safety Week.
CM/43/134
May 9, 1988
PROCLAMATIONS
(Continued)
A proclamation was presented to Marie Abbott, Chairperson, Heritage
Preservation Committee, by Mayor Turner, proclaiming the week of
May 8-14, 1988, as National Heritage Preservation Week.
PUBLIC HEARINGS
HCD BLOCK GRANT
FUNDS 1877
A public hearing was held for the consideration of applications for
Housing and Community Development Block Grant funds for 1988/89.
The staff and Social Concerns Committee recommended that the
Council adopt a resolution approving the Statement of Community
Development Objectives and Projected Use of Funds for the 1988-89
Program and authorize the City Manager to execute the necessary
documents required to make application and implement the program
under the HCD Act of 1974.
Lee Horner, City Manager, explained that the Social Concerns
Committee prepared the grant budget recommendations following their
March 8 public hearing. He also informed the Council that the
budget consists of $292,000 plus an additional $37,800 which was
returned from the sale of the Twin Valley Enterprises facility.
Mayor Turner opened the public hearing.
Sally Bystroff, representing the Buenas Vidas Youth Ranch, asked
the Council to consider allocating an additional $5,000 to help
acquire a home for delinquent girls.
Karen Wallace, Executive Director of ECHO Housing, explained their
programs over the past year and requested that Council approve
their allocation for 1988-89.
No other public comments were offered at this time.
Mayor Turner asked if the contingency fund has sufficient money to
allocate the additional $5,000 to the Buenas Vidas Ranch.
Barbara Hempill stated she believes that following the final audit
the contingency fund will have approximately $10,000. She said she
also is expecting a request from the Tri-Valley Haven for some
unexpected additional building costs in the recent addition to
their building.
CM/43/135
May 9, 1988
PUBLIC HEARINGS (Continued)
HCD BLOCK GRANT FUNDS 1877 (Continued)
Mr. Horner suggested that if the Council wishes to make the
additional allocation to Buenas Vidas it should be done contingent
upon the final audit of the HCD funds.
CM Wieskamp said she thinks the Social Concerns Committee made a
good suggestion of using some of the in-lieu fees for this type of
housing.
In response to CM Brown's question regarding the child care issue,
Barbara Hempill informed her that that matter will be on a future
agenda.
COUNCILMEMBER WIESKAMP MOVED TO ADOPT THE STAFF RECOMMENDATION WITH
THE ADDITIONAL DIRECTION THAT BASED ON THE AUDIT OF THE CONTINGENCY
FUND, BUENAS VIDAS RANCH AND TRI-VALLEY HAVEN WOULD RECEIVE
ADDITIONAL FUNDING, SECONDED BY COUNCILMEMBER BROWN. NO OTHER
COMMENTS WERE MADE ON THE MOTION. THE PUBLIC HEARING WAS CLOSED.
THE MOTION PASSED BY A 5-0 VOTE.
RESOLUTION NO. 98-88
A RESOLUTION APPROVING THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
REZONING #Z-369, ROBLF. S
This item was continued from the March 28, 1988, City Council
meeting.
A hearing was scheduled regarding Rezoning #Z-369, request of
Michael Robles, to change the zoning on a 15,000+/- square foot lot
from RL-5-O (Low Density Residential) to R2 (Duplex Residential)
Zoning District. The City has expanded the area of consideration
to include all lots fronting on Fifth Street between South L and
South M Streets. The Council may also consider any other zoning
classification consistent with the General Plan and its policies.
Location: 475 South L Street. General Plan: Downtown Urban
Design Plan, Sub-area 5. Negative Declaration consideration.
CM/43/136
May 9, 1988
PUBLIC HEARINGS
(Continued)
REZONING #Z-369,
ROBLES (Continued)
Staff indicated that the Planning Commission recommended approval
of the request to rezone to Planned Development with a maximum of
six units. Staff recommended denial of the request. If the
Council chooses to approve a rezoning, the Negative Declaration
should be certified and the staff instructed to prepare an
appropriate ordinance.
Mayor Turner noted that the applicant has submitted a request for a
continuance on this matter in order to allow additional meetings
with the neighborhood residents and staff.
ON MOTION OF COUNCILMEMBER WIESKAMP, SECONDED BY VICE MAYOR VARGAS,
AND BY A 5-0 VOTE, THIS ITEM WAS CONTINUED TO THE MEETING OF MAY 23
AT THE REQUEST OF MR. ROBLES.
SPA #17-88/
BARNETT-RANGE CORP.
A public hearing was scheduled regarding Site Plan Approval #17-88,
request of Barnett-Range Corporation, to construct a 210-unit
apartment project south on Railroad Avenue, between L and P Streets
(Parcel 3, Parcel Map #5300). The parcel size is approximately
7+/-acres. The property is in the PD-Superblock (Planned
Development-Superblock) zoning district. General Plan designation
is Central Area, Sub-area 3 (Superblock Options). Negative
Declaration consideration.
The Planning Commission and staff recommended that the Council
certify the Negative Declaration with direction to file and approve
the site plan for 208 units subject to Conditions of Approval.
Screening subject to Design Review Committee approval.
Bob Brown, Planning Director, explained that the Commission and
staff are recommending approval at 208 units instead of 210 units.
The redesign of the carport roof also is of concern to the staff.
The original direction to the applicant was to install a wrought
iron type fencing around the development; however, the plan is
showing a wooden type fence.
The Planning Commission and staff are also recommending that the
trash compactors be removed from the rear entry and that that area
be enhanced by additional landscaping. The pitched roof on the
carports will break up the length and impact of the carports, yet
add mass to the sites, which would give it a more "urban" look.
CM/43/137
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May 9, 1988
PUBLIC HEARINGS (Continued)
SPA #17-88/BARNETT-RANGE CORP. (Continued)
The Design Review Committee recommended approval of the site plan
elevations and landscape plan as submitted subject to final
approval of trash compactor and enclosure screening.
CM Brown noted that the applicant is also asking for relief from
the traffic impact fee.
Bob Brown said that the staff and Planning Commission are not
recommending an exemption from the traffic impact fee, and since
the fee has not been adopted, it cannot be discussed at this
meeting. He responded to CM Bartoli's question as to when the fee
would be applicable. He stated that it could be paid at the time
of the building permits, or at the time of occupancy.
Mayor Turner opened the public hearing.
Neil Wilbert, Vice President of Barnett-Range, said he believes
that there were errors in the calculation of the total number of
units and argued that they are entitled to 210 units instead of
208. He also requested that the Council give them relief from the
traffic impact fee.
Tom Curry, City Attorney, stated that legally it is not appropriate
to consider an exemption with the site plan approval, and
furthermore that he does not know anything that would legally allow
an exemption.
Larry Kester, architect, said that they have built this type of
housing all over the United States and that they build a place
where people want to live, and not just a place to make money.
Regarding the covered parking, he explained that they are going
beyond the requirements to provide a carport for each dweller.
Regarding the fencing, he felt that since neither the Design Review
Committee nor the Planning Commission had brought up the matter,
they thought the wooden fence was approved. He said they are
willing to relocate the trash compactor and to provide additional
landscaping at that entrance. He also stated that the wooden
fence, which would be six feet high, would provide the screening to
the south, which is not developed, and felt that without the
screening it would be very undesirable. The flat roofs of the
carports were designed in that manner to provide a lower profile
with less impact on the area.
CM/43/138
May 9, 1988
PUBLIC HEARINGS
(Continued)
SPA #17-88/
BARNETT-RANGE CORP.
(Continued)
No other comments were offered at this time.
In response to Mayor Turner, Bob Brown explained that the Council
needs to confirm the type of fencing which will be required since
the wooden fence is not in accordance with the Council's original
direction. Council also needs to determine if the flat roof will
be allowed on the carports, or if, in fact, they will require
pitched roofs. Council would also confirm the recommendations of
the Design Review Committee and the Planning Commission.
CM Wieskamp said that she wants to make sure that this project does
not turn its back on First Street. For that reason she believes
that additional landscaping is required at that entrance, so that
it will be attractive for those living there as well as for those
going by.
Bob Brown confirmed to CM Bartoli that the screening issue for the
trash compactors will go back to the Design Review Committee for
approval.
CM Bartoli said that she recalled that the Council directed that
the fence be of wrought iron since it is a more permanent
structure. It would also allow an open air feeling and people
could see out as well as into the project. She said she does not
like flat roof carports, and believes that they fall short of the
standards. She would like to see that issue at least brought back
to the Design Review Committee upon final design. The City is
depending upon this project to trigger the downtown development.
Bob Brown informed VM Vargas that, if the Council so desires, the
Design Review Committee can also make the final approval of the
increased landscaping.
VM Vargas said that he would like to see in the increased
landscaping a detailed list of the types of plants that will be
used. He also had concern about the N Street entrance, and said
that he felt it was important to have character and features that
show the project from First Street.
CM/43/139
May 9, 1988
PUBLIC HEARINGS (Continued)
SPA #17-88/BARNETT-RANGE CORP. (Continued)
Neil Wilbert, Barnett-Range, said that the treatment for the First
Street entrance will be similar to that of the main entrance;
however, they are not planning to install columns at that entrance.
He said that Barnett-Range has not been aware that the Council
directed the fencing to be of wrought iron. He said they
apparently lacked direction.
VM Vargas inquired about the lighting fixtures, and said that he
believes they should be tied in with the historical type lighting
that is being used in the downtown area.
Mr. Wilbert said that the lighting is not of a historical style,
but that it has good illumination.
VM Vargas said he would like to see that design changed and go back
for approval, along with the other matters, to the Design Review
Committee.
In response to VM Vargas, Bob Brown explained that the Council can,
at this meeting, add additional features and send those back to the
Design Review Committee for review.
CM Wieskamp said that it is very difficult for the Council to know
what they are actually approving without the ability to see a final
landscaping and entrance plans. It is difficult to make judgments
when that many elements are missing.
Bob Brown explained to the Council that since they maintained all
approvals of this project, they also have the right to request
these additional details. The Design Review Committee has only
submitted recommendations thus far.
Mayor Turner added that in order for the Design Review Committee to
move forward they need to know what the conditions are since they
cannot do anything until the Council gives that direction. Mayor
Turner said that he did not feel comfortable with this project
since there have been so many issues raised tonight. He believes
it would be appropriate to give direction to staff and the
developer for changes, and then continue this item to the meeting
of May 23.
COUNCILMEMBER BROWN MOVED TO CONTINUE THIS MEETING FOR TWO WEEKS,
SECONDED BY COUNCILMEMBER WIESKAMP.
CM/43/140
May 9, 1988
PUBLIC HEARINGS
(Continued)
SPA #17-88/
BARNETT-RANGE CORP.
(Continued)
CM Brown said that she believes this is one of the most important
projects we are going to look at in the downtown development, and
even though she was against the residential development in this
area, it was approved and she will work to see it become a nice
project. One of the selling points of the development was that it
would be open and would be attractive to people, and without the
feeling they are intruding into someone's neighborhood.
Mayor Turner listed the Council's concerns as the following:
Elevation of the carport roof.
The landscaping plan, which should include increased
landscaping around the foundations and at the N Street
entrance.
The plan should show the types of shrubs or trees.
Wrought iron fencing instead of wood.
Historical type lighting to blend with the other downtown
area.
CM Bartoli said she would like to emphasize that the Council is
trying to integrate this project with the downtown redevelopment.
She believes that a small duplication of the main entrance is
appropriate for N Street.
CM Wieskamp suggested that the architect for Barnett-Range survey
the downtown redevelopment area and look at the styles and features
being added in that area so that they can blend into it.
Mayor Turner said that he and another Councilmember would be happy
to meet with the Barnett-Range Corporation people on this project
if they so desired.
No other comments were offered on the motion to continue to May
23.
The hearing remains open.
THE MOTION PASSED BY A 5-0 VOTE.
CM/43/141
May 9, 1988
PUBLIC HEARINGS (Continued)
-- -
A hearing was held regarding Conditional Use Permit Amendment
#19-88 and Tentative Parcel Map Extension #4414, requests of Ebert
Lounsbury, to amend CUP #227-84 to allow an extension of the permit
and Tentative Parcel Map #4414. The parcel is located on the
northwest corner of East Avenue and Vasco Road. The parcel size is
approximately 8+/-acres. It is located in the I-1 (Research &
Development) Zoning District. General Plan designation is Low
Intensity Industrial. Previous Environmental Impact Report.
The staff and Planning Commission recommended that the Council
acknowledge the previous environmental consideration and approve
the amendment to engineering conditions and the extension of the
Tentative Parcel Map to April 14, 1989.
In response to CM Brown's question regarding the original approval
of this project, Bob Brown explained that the Subdivision Act and
the City Ordinance gives a maximum of four years to build out. If
approval is made this evening, this would leave the applicant one
more year of extension available. He also stated that there is no
visible movement from the standpoint of development that the staff
has seen. The map was approved with an Environmental Impact Report
consideration regarding the streams.
Mayor Turner opened the public hearing.
Ebert Lounsbury, applicant, said that they were ready to build in
1984, and then were informed that they had to do an EIR for which
they paid the cost. He said that the City has held up the
beginning of this project, and that they need this one year
extension.
No other comments were offered. The public hearing was closed.
COUNCILMEMBER WIESKAMP MOVED TO APPROVE CONDITIONAL USE PERMIT
#19-88 AND TENTATIVE MAP EXTENSION UNTIL APRIL 14, 1989, SECONDED
BY COUNCILMEMBER BARTOLI.
CM Brown stated that she will oppose the motion since she
originally opposed the project because of the concrete lined
channel.
No other comments were offered on the motion.
THE MOTION PASSED BY A 4-1 VOTE WITH COUNCILMEMBER BROWN
DISSENTING.
CM/43/142
May 9, 1988
PUBLIC HEARINGS
(Continued)
PUD #54-88/TRIAD
A public hearing was held regarding Planned Unit Development Permit
Amendment #54-88, request of Triad Systems Corporation, to amend
Planned Unit Development Permit #76-83 as it relates to minimum lot
size, setbacks, landscaping, and parking regulations. The property
is located north of 1-580 between Collier Canyon Road and Doolan
Road. Parcel Size is approximately 393+/-acres. It is located in
a PD (Planned Development) Zoning District. General Plan
designation is Low Intensity Industrial. Negative Declaration
consideration.
The Planning Commission and staff recommended that the Council
certify the Negative Declaration with direction to file and adopt a
resolution approving the amendment as detailed in the staff report
dated May 4.
Bob Brown, Planning Director, said that the requested reduction in
setback and landscape standards are still above the City's
standards since Triad originally submitted much higher standards
than those required. They are now asking for reduced standards for
the commercial areas, and staff and Planning Commission agree that
they have different issues applicable and are still much higher
than those required for commercial sites.
CM Brown expressed concern that by allowing the reduced standards
we may see this project being chipped away with this type of
commercial building.
Bob Brown said that the zoning sets the maximum acreage for
commercial use which is approximately 20 acres overall, and is
located generally along the south area at the airport freeway
interchange.
#54-88/TRIAD
Mayor Turner responded to CM Brown's question as to whether this
commercial area would attract freeway business or if it would
primarily serve the Triad Development. Mayor Turner said he
believes that it will capture a small amount of the freeway
traffic, but that in general it will serve the project area.
CM/43/143
May 9, 1988
PUBLIC HEARINGS (Continued)
#54-88/TRIAD (Continued)
VM Vargas said he would like to see a restaurant in that area which
could serve the entire City.
Mayor Turner opened the public hearing.
Larry McReynolds, representing Triad, explained that the standards
were originally far above the City's requirements, and that this is
not, in fact, "reduced standards." He said they are making efforts
to see that they use the same driveways to alleviate many curb
cuts, and that the landscaping and berming will enhance the area.
John Stein, Kathy Court, urged the Council to take care in
approving the landscaping of this area so that it is not visible
from the freeway. He reminded the Council that this area was built
with the approved design guidelines, and that this is a reduction
in standards based on that.
Tom O'Malley, representing Triad Systems, said that they have
developed their own guides and they do consider this the entrance
to the entire park, and that it will not be a typical commercial
center. The standards applied to the industrial area will also be
applied in the commercial area.
No other public comments were offered at this time.
Mayor Turner said that he believes it will be an excellent
development. This is Triad's headquarters and it will not be
reduced standards.
MAYOR TURNER MOVED TO ADOPT THE PLANNING COMMISSION AND STAFF
RECOMMENDATIONS, SECONDED BY VICE MAYOR VARGAS.
In response to CM Wieskamp's concern regarding the landscaping,
Larry McReynolds stated that it will be a berm type effect so that
the cars will hardly be visible in the parking area. On the street
fronts they plan to landscape five feet to close off the access to
the buildings. He repeated that it is not reduced, it is just how
the area is treated. They are not reducing the landscaping, they
are relocating it.
CM Brown said that to see one-half acre lots and fast food
businesses is a concern. She could not support the motion.
No other comments were offered on the motion.
was closed.
The public hearing
CM/43/144
May 9, 1988
PUBLIC HEARINGS
(Continued)
#54-88/TRIAD
(Continued)
THE MOTION PASSED BY A 4-1 VOTE, COUNCILMEMBER BROWN DISSENTING.
RESOLUTION NO. 99-88
A RESOLUTION APPROVING AN AMENDMENT
TO PLANNED UNIT DEVELOPMENT PERMIT #54-88
(Triad Systems Corporation)
CUP #33-88/CHIU/
~I~/TRIAD
The public hearings for items 1.6 and 1.7 were combined since they
both relate to the Triad Development.
Bob Brown, Planning Director, explained that staff and the Planning
Commission are recommending approval of both approvals with
conditions. The issue is the land use for Conditional Use
Permit #33-88 for the extended stay suite motel. It will serve the
commercial and the industrial areas to the north and will be
located on Triad's lot. The staff has identified the need to
provide land necessary for the construction of the interchange, and
it has been agreed that in exchange for the vacation of a portion
of Collier Canyon Road, Triad would dedicate the land necessary for
the interchange. The Tentative Parcel Map has been amended by the
applicant to indicate this area.
The Planning Commission recommended that the engineering
considerations be amended to reflect the issues raised in the
applicant's letter, except that occupancy of the buildings could be
granted only if the improvements not completed were limited to
those requiring the approval of Caltrans. With that, the staff has
agreed to vacate the portion of Collier Canyon Road.
CM Brown asked if the extended stay motel would be subject to the
transient occupancy tax.
Bob Brown explained that the transient occupancy tax applies to
stays of 30 days or less. Since this is a new type of building in
the City of Livermore, we do not have an explicit definition. The
staff is recommending that the average stay not exceed 60 days. In
that manner, some could stay 30 days and some could stay much
longer, with the averaging at 60 days.
CM/43/145
May 9, 1988
PUBLIC HEARINGS (Continued)
CUP #33-88/CHIU/~4/TRIAD (Continued)
A brief discussion followed on the occupancy tax.
The City Attorney advised the Council that in order to amend the
occupancy tax provisions, it would probably require voter
approval.
CM Brown asked for a definition of vested tentative parcel map.
Bob Brown said that it provides that the City would not change the
development once the map is approved. In other words, the City
would not amend the zoning to change what was approved prior to
that. He also responded to CM Brown's questions regarding the
trees on the sites, and said that he had not seen any effort to
save the trees.
Mayor Turner opened the hearings for items 1.6 and 1.7.
Michael Chiu, applicant for the extended stay motel, said that
their building will conform with the standards of the City and
Triad. Marriott's has very stringent guidelines, and they will be
reviewed by the Design Review Committee. Mr. Chiu reported that
the transient tax will be reported to the City for those guests who
are staying 30 days or less. He explained that, depending on the
market, most stays average 10 to 15 days; however, since they will
be serving the Triad training center primarily, they could have
stays up to 60 plus days.
John Stein, Kathy Court, questioned the reduced parking
arrangement.
Nancy Raff, manager for the motel, stated that the parking should
be very ample considering that they will be serving groups of
people who do not have individual transportation. Since there is
no restaurant in the motel, that type of parking is not required.
She said that they encourage their working force to carpool.
Ernest Wolfman, representing the applicant, explained the design of
the motel and the color scheme and how it will relate to the area.
He also stated that the parking spaces should be very adequate for
this type of motel.
Rich Hengehold, developer, said that he assisted in planning the
Raffles Hotel off First Street, and that he believes this parking
arrangement is acceptable.
CM/43/146
May 9, 1988
PUBLIC HEARINGS
(Continued)
CUP #33-88/CHIU/~33~
~4/TRIAD
(Continued)
In response to CM Brown's question regarding the difference in
rates for this type of motel vs. a regular motel, Mr. Chiu stated
that, depending on the number of days stayed, the price fluctuates
with the highest being $85/day.
COUNCILMEMBER BROWN MOVED TO APPROVE CONDITIONAL USE PERMIT #33-88
SUBJECT TO THE CONDITIONS OF APPROVAL, SECONDED BY COUNCILMEMBER
WIESKAMP. NO OTHER COMMENTS WERE OFFERED ON THE MOTION. THE
PUBLIC HEARING WAS CLOSED ON THIS MATTER, AND THE MOTION PASSED BY
A 5-0 VOTE.
RESOLUTION NO. 100-88
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT
(CUP #33-88)
VICE MAYOR VARGAS MOVED TO APPROVE TENTATIVE PARCEL MAP #5378,
SUBJECT TO CONDITIONS OF APPROVAL, TO APPROVE VACATING A PORTION OF
COLLIER CANYON ROAD AND TO AUTHORIZE AND EXECUTE A QUITCLAIM DEED,
SECONDED BY COUNCILMEMBER BARTOLI. NO OTHER COMMENTS WERE MADE ON
THE MOTION. THE PUBLIC HEARING WAS CLOSED. THE MOTION PASSED BY A
5-0 VOTE.
RESOLUTION NO. 101-88
A RESOLUTION APPROVING A TENTATIVE PARCEL MAP
(Triad Systems Corporation - Parcel Map 5378)
RESOLUTION NO. 102-88
A RESOLUTION SUMMARILY VACATING A PORTION OF COLLIER CANYON
ROAD IN THE CITY OF LIVERMORE AND AUTHORIZING THE
MAYOR TO SIGN QUIT CLAIM DEED
DEVELOPMENT FEES
A hearing was held to consider 1988 development fee adjustments:
storm drainage, sanitary sewer, park fees, water rates and charges,
and in-lieu low income housing.
CM/43/147
May 9, 1988
PUBLIC HEARINGS (Continued)
DEVELOPMENT FEES (Continued)
Staff recommended that the Council consider any public testimony,
close the hearing, and adopt a resolution adjusting the development
fees.
Mayor Turner opened the public hearing.
offered. The hearing was closed.
No public comments were
ON MOTION OF COUNCILMEMBER BROWN, SECONDED BY VICE MAYOR VARGAS,
AND BY A 5-0 VOTE, A RESOLUTION WAS ADOPTED APPROVING THE FEE
ADJUSTMENTS.
RESOLUTION NO. 103-88
A RESOLUTION PROVIDING FOR THE ADJUSTMENT OF STORM
DRAINAGE FEES, SANITARY SEWER CONNECTION FEES,
IN-LIEU LOW-INCOME HOUSING FEES, WATER RATES
AND CHARGES, AND PARK FEES FOR CALENDAR YEAR 1988
TRAFFIC IMPACT FEES
A hearing was scheduled to consider proposed traffic impact fees
for developments.
Mayor Turner stated that the traffic impact fee matter is a very
large item, with many people wanting to speak on the matter, and
that he believes it would be very difficult to resolve it at this
meeting, considering the size of the agenda. He suggested that the
Council continue the matter to Monday, May 16, and to consider only
that item at that meeting.
MAYOR TURNER SO MOVED, SECONDED BY COUNCILMEMBER BROWN.
Mayor Turner asked the staff to study and report back on the issue
of whether or not the fees as recommended will give the City
sufficient funds to go forward with the projects that will be
necessary, since he does not want to see the City continue to be
behind financially. He said that he does not want to see the costs
rise to such an extent that there will not be sufficient money in
this fund to build the necessary roads and improvements.
CM Bartoli said that it has been brought to her attention that
Vasco Road at Dalton is not included in this study, and asked if
that was an oversight. Staff will respond at the May 16 meeting.
THE MOTION PASSED PASSED BY A 5-0 VOTE.
CM/43/148
May 9, 1988
PUBLIC HEARINGS
(Continued)
ZONING ORDINANCE
INTERPRETATION/
SCULPTURE VS. SIGN
A hearing was held to consider a request by Magoo's Pizza, 364
South Livermore Avenue, for Council to determine, according to
interpretation of Zoning Ordinance, whether an 18-foot tall
sculpture is a sign or structure, and perform design review of the
sculpture to be placed in front of Magoo's Pizza.
Staff recommended that the Council make a determination whether or
not the sculpture is a sign, and instruct the staff to prepare the
appropriate document.
City Attorney Tom Curry said he has looked at the Sign Ordinance,
and that he believes the legal interpretation in this case is that
the structure is not a sign and should be treated as a structure.
CM Brown said that she does not think it is attractive, and asked
what control the City has over the structure regarding the size.
Tom Curry advised her that the Council does have the authority to
control the size of the structure.
Bob Brown informed the Council that they do have the authority to
control the size and other features of the structure, and that he
is requesting that if it is deemed a structure, the Council should
review the piece for design review, instead of the Design Review
Committee.
Mayor Turner opened the public hearing.
A1 Burnell, attorney representing Magoo's Pizza, said that he has
discussed the necessity for the City to use some art guidelines in
this matter, and that since none are available, it puts the City in
an awkward position. He said that a similar structure in Antioch
is approximately 22 feet high. He pleaded for the Council's
approval of this statue, and said that it would be a fitting
tribute to Livermore.
Jerry Birley, Palm Avenue, reminded the Council that he had, some
years ago, a similar structure in front of his business, and that
it was not attractive. He urged the Council not to approve this
application.
CM/43/149
May 9, 1988
PUBLIC HEARINGS (Continued)
ZONING ORDINANCE INTERPRETATION/SCULPTURE VS. SIGN (Continued)
Steve McVay, Magoo's Pizza, showed a rendering of the Los Gatos
structure and said that he does not think it is gaudy.
Jeff Eichenfield, Main Street project, said that a two-story
structure on the corner of Second and Livermore could ruin the
downtown area. He believes that if the Council is going to approve
this at all, it should be set back and built more to the height of
the roofline of the building.
Mr. McVay stated that if the Council did reduce it to the roofline,
it would be the approximate height of a similar piece in Los
Gatos.
COUNCILMEMBER BROWN MOVED TO CONSIDER THIS STATUE AS A STRUCTURE
RATHER THAN A SIGN, SECONDED BY COUNCILMEMBER VARGAS AND PASSED BY
A 5-0 VOTE.
COUNCILMEMBER BARTOLI MOVED TO SUBJECT THE STRUCTURE TO DESIGN
REVIEW CONDITIONS WHICH WOULD INCLUDE THAT THE STRUCTURE NOT EXCEED
12 FEET IN HEIGHT, INCLUDING THE BASE, FROM THE GROUND UP, SECONDED
BY COUNCILMEMBER WIESKAMP.
CM Wieskamp asked if the motion could include the setback halfway
into the planter strip and that landscaping be required, with a
landscape plan approved by staff.
CM BARTOLI AGREED TO INCLUDE THOSE CONDITIONS IN THE MOTION.
Mr. Burnell, representing Magoo's, said that he felt the Council
should allow some flexibility, so if the artist does not want to
work with this size it would be flexible.
Mayor Turner stated that all people have to conform to rules in all
fields of work, and the artist would also have to conform to this
motion.
No other comments were offered on the motion.
closed.
The hearing was
THE MOTION PASSED BY A 3-2 VOTE, WITH COUNCILMEMBER BROWN AND MAYOR
TURNER IN THE MINORITY.
CM/43/150
May 9, 1988
PUBLIC HEARINGS
(Continued)
RECESS
Mayor Turner called a brief recess and the meeting was reconvened
with all members present.
MATTERS INITIATED
HAZARDOUS WASTE
Mr. Horner reminded Councilmembers of the meeting to be held with
the City of Pleasanton on May 17 regarding hazardous waste.
HIP TRAINING
PROGRAM
A meeting was scheduled for Tuesday, May 31, at 6 p.m. to conduct a
training session on the Housing Implementation Program (HIP).
ROAD COSTS/
MEASURE B FUNDS
John Stein, Kathy Court, suggested the City negotiate with Lawrence
Livermore and Sandia Laboratories to obtain their share of road
costs. He suggested they use the sewer service provided by the
City. He also asked for a status report regarding the use of
Measure B funds.
ART PROPOSALS
CM Bartoli suggested that proposals related to "art" be reviewed by
local arts groups prior to being given consideration by the
Council. Staff was directed to bring back a proposal regarding
this suggestion.
PARKING SPACES
CM Bartoli asked if a need existed to amend the ordinance related
to the size of parking spaces.
Bob Brown responded that it is not necessary to do so, unless it is
the Council's intent to approve extensive exceptions.
SIDEWALKS
CM Bartoli requested that staff investigate a need for sidewalks on
the north side of Junction at Portola Avenue.
CM/43/151
T-'-~ r~ .... ~ ....... T ........T'T ............ Tlr ............................
May 9, 1988
MATTERS INITIATED (Continued)
LOOSE GRAVEL
CM Bartoli advised staff of loose gravel on Alviso Place, which has
been the cause of bicycle accidents.
MOTORIZED VEHICLES
CM Bartoli requested staff investigate motorized vehicles in the
Arroyo/Paseo Laguna area.
NURSING HOME CARE
CM Brown requested that staff follow-up with Congressman Stark
concerning the nursing home care issue.
MAX BAER PARK PARKING
CM Brown asked that an investigation be made into the lack of
parking for Max Baer Park users, especially regarding intrusion
into the rights of property owners in that area.
BIKE PATHS
CM Brown reported that motorized vehicles have been using bike
paths. She requested that the City take action to patrol the bike
paths in order to alleviate potential danger.
GENERAL PLAN
CM Brown requested that staff provide her with a copy of the
General Plan.
ART PROPOSALS
CM Wieskamp said she supported CM Bartoli's suggestion for an arts
advisory committee.
HOUSING IN-LIEU FUNDS
CM Wieskamp made the suggestion that the City investigate the
feasibility of utilizing housing in-lieu funds to assist low-income
citizens, particularly those who are mentally or physically
handicapped, teenagers in need of assistance, and other similar
groups.
CM/43/152
May 9, 1988
MATTERS INITIATED
(Continued)
ART PROPOSALS
VM Vargas concurred with the proposal to establish an art advisory
committee.
CHILI COOK-OFF
VM Vargas announced that the chili cook-off would be held on
June 4.
ZONING REPORT
Mayor Turner directed staff to prepare a report for Councilmembers
on how to create zoning at 1 1/2 and 2 1/2 units per acre.
CHILD CARE
Mayor Turner requested the City Manager provide the Council with a
recommendation regarding the House Resolution relating to child
care.
REPLICA FIREARMS
Mayor Turner directed the Police Department to obtain copies of
ordinances regulating replica firearms, and to report back to the
Council on the need for such an ordinance in the City of
Livermore.
SMOKING BAN
Mayor Turner requested that staff provide a report relating to the
possibility of a total ban on smoking in public buildings.
ROADWAY COSTS
Mayor Turner reported briefly on the results of the trip to
Washington, D.C., during which negotiations were made with the
Department of Energy for the purpose of obtaining contributions to
the City's roadway costs resulting from traffic generated by the
two laboratories.
CM/43/153
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May 9, 1988
MATTERS INITIATED (Continued)
MEASURE B/HERALD REPORT
Mayor Turner stated that the Tri-Valley Herald's report concerning
Measure B was harsh and unfactual. He said all projects are given
equal priority, and not as reflected in the opinion of Supervisor
Knox as reported in the news editorial.
CONSENT CALENDAR
ON MOTION BY COUNCILMEMBER BROWN, SECONDED BY COUNCILMEMBER
WIESKAMP, AND BY A 5-0, THE CONSENT CALENDAR WAS APPROVED.
AIRPORT ANNEXATION NO. 7
RESOLUTION NO. 104-88
A RESOLUTION MAKING APPLICATION TO ALAMEDA COUNTY LOCAL AGENCY
FORMATION COMMISSION REQUESTING INITIATION OF PROCEEDINGS
PROPOSED ANNEXATION PURSUANT TO THE MUNICIPAL
ORGANIZATION ACT OF 1977
(Airport Annexation No. 7)
RESOLUTION NO. 105-88
A RESOLUTION DIRECTING THE EXCHANGE OF PROPERTY TAX REVENUE
(Airport Annexation No. 7)
FINAL APPROVAL/SOUTH VASCO ROAD ANNEX NO. 4
RESOLUTION NO. 106-88
A RESOLUTION APPROVING THE ANNEXATION OF CERTAIN
UNINHABITED TERRITORY TO THE CITY OF LIVERMORE
PURSUANT TO THE MUNICIPAL ORGANIZATION ACT OF 1977
(South Vasco Road Annexation No. 4)
RECORDS RETENTION SCHEDULE
RESOLUTION NO. 107-88
A RESOLUTION APPROVING UPDATED RECORDS RETENTION SCHEDULE
CM/43/154
May 9, 1988
CONSENT CALENDAR
(Continued)
STATE AERONAUTICS
LOAN/FAA GRANT
AGREEMENT
RESOLUTION NO. 108-88
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
(Loan From State Department of Aeronautics)
FINAL TRACT MAP
NO. 5403
RESOLUTION NO. 109-88
A RESOLUTION APPROVING A FINAL TRACT MAP AND
AUTHORIZING EXECUTION OF A SUBDIVISION
IMPROVEMENT AGREEMENT
(Tract No. 5403)
PERMANENT
MAINTENANCE/TRACT
NO. 5459
RESOLUTION NO. 110-88
A RESOLUTION AUTHORIZING FINAL ACCEPTANCE
FOR PERMANENT MAINTENANCE
(Tract 5459)
QUITCLAIM/
PATTERSON PASS ROAD
RESOLUTION NO. 111-88
A RESOLUTION AUTHORIZING EXECUTION
OF A QUITCLAIM DEED
1986-878 TRANSIT AUDIT
Acknowledged Transit Audit and authorized transfer of funds back to
the Metropolitan Transportation Commission.
CM/43/155
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May 9, 1988
CONSENT CALENDAR (Continued)
ZONE 7 AGREEMENT/SPRINGTOWN GOLF COURSE
RESOLUTION NO. 112-88
A RESOLUTION AUTHORIZING RENEWAL OF UNTREATED WATER AGREEMENT
BID AWARD/WATER RECLAMATION PLANT
RESOLUTION NO. 113-88
A RESOLUTION AWARDING BID AND AUTHORIZING
EXECUTION OF AGREEMENT
(WRP Emergency Well)
(Maggiora Brothers Well Diggers - $55,444.600
BID AWARD/HAZARDOUS MATERIALS STORAGE
RESOLUTION NO. 114-88
A RESOLUTION AWARDING BID AND AUTHORIZING
EXECUTION OF AGREEMENT
(Hazardous Materials Tank Program
Project No. 87-17)
(R.S. Eagan & Company - $62,185.00)
PERMANENT MAINTENANCE/
COUNCIL CHAMBERS PARKING LOT
RESOLUTION NO. 115-88
A RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF
PROJECT 87-08
(Parking Lot for Modular
Council Chambers)
LOT LINE ADJUSTMENT #52-88
RESOLUTION NO. 116-88
A RESOLUTION APPROVING LOT LINE ADJUSTMENT
(#52-88)
CM/43/156
May 9, 1988
CONSENT CALENDAR
(Continued)
LOT LINE
ADJUSTMENT #56-88
RESOLUTION NO. 117-88
A RESOLUTION APPROVING LOT LINE ADJUSTMENT
(#56-88)
REJECTING CLAIMS
RESOLUTION NO. 118-88
A RESOLUTION REJECTING CLAIM
(George A. Linsenmeyer)
RESOLUTION NO. 119-88
A RESOLUTION REJECTING CLAIM
(Ute Monique Baldwin)
RESOLUTION NO. 120-88
A RESOLUTION REJECTING CLAIM
(John and Linda Gunn)
RESOLUTION NO. 121-88
A RESOLUTION REJECTING CLAIM
(Dorothy Nickolas)
RESOLUTION NO. 122-88
A RESOLUTION REJECTING CLAIM
(Edward Houle)
RESOLUTION NO. 123-88
A RESOLUTION REJECTING CLAIM
(State Farm Insurance -
Linda Taylor-Sexton)
CM/43/157
May 9, 1988
CONSENT CALENDAR (Continued)
REJECTING CLAIMS (Continued)
RESOLUTION NO. 124-88
A RESOLUTION REJECTING CLAIM
(Christopher & Cynthia Armstrong)
RESOLUTION NO. 125-88
A RESOLUTION REJECTING CLAIM
(Ron Stacy individually and
Stacy Trucking, Inc.)
RESOLUTION NO. 126-88
A RESOLUTION REJECTING CLAIM
(Ronnie Bland)
REJECTING LATE CLAIMS
RESOLUTION NO. 127-88
A RESOLUTION DENYING APPLICATION TO FILE A LATE CLAIM
(Richard Garcia)
RESOLUTION NO. 128-88
A RESOLUTION DENYING APPLICATION TO FILE A LATE CLAIM
(California State Automobile Association-
Donald and Carol Wingerd)
SUMMARY/MINUTES
The summary of the Planning Commission meeting of May 3, 1988, was
received, as were the Airport Commission regular meeting minutes of
April 11 and special meeting minutes of April 25, 1988.
PAYROLL AND CLAIMS
There were claims in the amount of $212,118.05, $756,869.67 and
$1,175,024.95 and $1,079,369.48 dated April 4, April 15, April 22,
and April 29, 1988.
CM/43/158
May 9, 1988
CONSENT CALENDAR
(Continued)
UNFINISHED BUSINESS
NORTHFRONT ROAD
A.D. NO. 88-1
The staff report explained that the Council is 1) being requested
to file the resolution granting jurisdiction from Alameda County
for the portion of the unincorporated area, 2) to adopt a
Resolution of Intention to order improvements in the assessment
district, and 3) to consider a change in the City's established
policy relative to the undergrounding of electric facilities in the
new development.
Earl Mason, Associated Professions, asked the Council to consider
continuing this item for 30 days to allow the engineers and staff
to work together with the property owners on the undergrounding of
the electrical facilities.
A brief discussion was held as to whether or not any action should
be taken on this item. It was decided that the best solution would
be to continue the entire matter to the meeting of June 13,
COUNCILMEMBER BROWN MOVED TO CONTINUE THE ITEM TO THE JUNE 13
MEETING, SECONDED BY COUNCILMEMBER WIESKAMP, AND PASSED BY A 5-0
VOTE.
ORDINANCES
ON MOTION OF COUNCILMEMBER BROWN, SECONDED BY VICE MAYOR VARGAS,
AND BY A 5-0 VOTE, THE FOLLOWING ORDINANCE WAS INTRODUCED.
Introduction by first reading an ordinance approving Prezoning
#Z-370, City of Livermore/Airport, to OS-A District.
ON MOTION OF COUNCILMEMBER BROWN, SECONDED BY VICE MAYOR VARGAS,
AND BY A 5-0 VOTE, THE FOLLOWING ORDINANCE WAS INTRODUCED.
Introduction by first reading an ordinance approving Municipal Code
Text Amendment #23-88, regarding Chapter 16.12 - Flood Control
Regulations.
CM/43/159
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May 9, 1988
ORDINANCES (Continued)
ON MOTION OF COUNCILMEMBER WIESKAMP, SECONDED BY COUNCILMEMBER
BROWN, AND BY A 5-0 VOTE, THE FOLLOWING ORDINANCE WAS INTRODUCED.
Introduction by first reading an ordinance relating to Neighborhood
Nuisance Abatement (clean-up).
WRITTEN COMMUNICATIONS
SPENDING LIMIT INITIATIVES
The Council considered the issues and information regarding State
Proposition 71 and Proposition 72, the Spending Limit Initiatives,
and request for support by the Council.
Lee Horner, City Manager, explained that he believes Proposition 71
is more akin to what the City is looking for in Measure K since it
gives us more flexibility overall. He urged the Council's support
of Proposition 71.
COUNCILMEMBER BROWN MOVED TO SUPPORT PROPOSITION 71, SECONDED BY
COUNCILMEMBER WIESKAMP.
Mr. Horner explained that if Measure K does not pass, Proposition
71 would give the City a little more flexibility in raising the
limit of spending.
CM Bartoli and VM Vargas said they would abstain from the vote on
this item because they do not feel like they have sufficient
information or could see the difference between Proposition 71 and
72.
THE MOTION PASSED BY A 3-0-2 VOTE, COUNCILMEMBER BARTOLI AND VICE
MAYOR VARGAS ABSTAINING.
ABANDONMENT/EAST AVENUE
Council considered a letter from Alameda County Public Works
regarding U.S. Department of Defense request to abandon the portion
of East Avenue between South Vasco Road and Greenville Road.
Mayor Turner expressed concern that the letter regarding this
abandonment was not received by the City directly from the
laboratory. Instead, the letter was directed to the City through
the Alameda County Public Works office. He said that he would like
to request that the lab liaison team meet with the City and talk
about this matter.
CM/43/160
May 9, 1988
WRITTEN
COMMUNICATIONS
(Continued)
ABANDONMENT/
EAST AVENUE
(Continued)
CM Brown said that she appreciated the staff's summary report and
is very disgusted that the laboratories will tell us what they are
going to do, and that they are unwilling to take responses.
The City Manager's staff report explained that the County of
Alameda has requested the City to comment on the request by the
Department of Defense to have the County abandon that portion of
East Avenue located between South Vasco Road and Greenville Road.
The City is being asked to comment in spite of the fact that we
have not seen the environmental assessment that has been promised
for the past several months. It is difficult to comment on the
impact of a project when we do not have the details of the project,
nor how the Federal Government plans to mitigate negative impacts.
Until we see the environmental assessment the staff sees several
issues relating to this closure:
1)
The City would need to obtain water and sewer easements across
the entire closed length of East Avenue for possible use in
serving the laboratories and, more importantly, to serve
future developments on the eastern side of the laboratories.
Both present and future traffic flow changes will occur.
These will potentially impact City and County roads. No
analysis of these changes and their potential impacts and
mitigations has been presented.
There would need to be assurances that East Avenue be made
available when needed to both Livermore Police and Fire
personnel and equipment.
The intersection of East Avenue and Vasco Road has become the
most popular location for demonstrations at the laboratories.
Should the laboratories construct a fence across East Avenue
at this location, demonstrators would move farther west on
East Avenue into the City's area of responsibility, and much
closer to residential areas. If this happens, the City will
need an agreement from other law enforcement agencies to
insure police response from other than the Livermore Police
Department. Our costs for standby pay and overtime could be
significantly increased if the demonstrators blocked Vasco
Road between East Avenue and Patterson Pass Road we would also
need a second response route to the east and northeast part of
the City for emergency personnel and equipment.
CM/43/161
May 9, 1988
WRITTEN COMMUNICATIONS (Continued)
ABANDONMENT/EAST AVENUE (Continued)
Future development to the east of the laboratories is
essentially cut off. Consequently, development intensity is
effectively reduced because of the decreased traffic
circulation and other physical separation from the City.
The City Manager recommended that inasmuch as the City has not yet
had an opportunity to review the environmental assessment, he would
recommend that the Council oppose the closure of East Avenue at
this time.
Mayor Turner said that he would like to set up a meeting with
laboratory personnel to discuss this matter with them, and that he
believes there should be a public hearing regarding this.
The staff was directed to set up a meeting between Councilmembers,
staff and the laboratories to discuss this matter, to find out what
the public hearing process is, and to send a letter to the County
at this time opposing the closure of East Avenue and requesting the
environmental assessment.
RAIL ADVISORY COMMITTEE
The Council received a letter from Robert Allen, Bart Director,
requesting the Mayor to appoint a Council representative to serve
on the newly formed Rail Advisory Committee.
Mayor Turner said that he would like to serve as the representative
on this committee, and if the Councilmembers had no objections, he
would appoint himself to serve.
NEW BUSINESS
LOW/MODERATE INCOMING HOUSING
The Council considered a report from Barbara Hempill regarding
revised low/moderate income housing sales and rent prices.
Barbara Hempill, Senior Administrative Assistant, explained to the
Council that the sales prices are very dependent on the mortgage
rates and that she used a variety of sources to reach an average
rate. The concensus was that while 10% would be a fair interest
rate to use at this time, mortgage rates will increase after the
CM/43/162
May 9, 1988
NEW BUSINESS
(Continued)
LOW/MODERATE INCOME
HOUSING (Continued)
election in November. She said that they assume in this
calculation that a person, or a household, can pay approximately
30% of their income for their housing. She also stated that they
are trying to reach a certain income level, and that these are very
loose guidelines.
A discussion followed on the tables being used for the
calculations. It was the concensus of the Council that the tables
be revised and that we use 10 1/2%. The Council requested that
Ms. Hempill bring back a report on May 23 with those changes
noted.
SELF-INSURANCE
TRUST FUNDS
(Continued)
The insurance review and annual financial report of the
Self-Insurance Trust Funds for June 30, 1987 was noted.
SPA 39-88
As a provision of the original approval, the Council reviewed Site
Plan Approval #39-88 and Design Review approval for two couplet
structures totaling four units, David Mercurio, developer.
Property located at east side of Murdell Lane between Concannon
Boulevard and Fontonette Avenue. Project also involves Council
acknowledgment of Parcel Map Waiver #5380 to subdivide the site's
two 27+/-acre lots into four lots intended for the four units
proposed.
The Planning Commission and staff recommended that the Council
approve the parcel map waiver, site plan, and design review subject
to conditions of approval.
VICE MAYOR VARGAS MOVED TO ADOPT THE STAFF RECOMMENDATION, SECONDED
BY COUNCILMEMBER BROWN. NO COMMENTS WERE OFFERED ON THE MOTION AND
THE MOTION PASSED BY A 5-0 VOTE.
CM/43/163
May 9, 1988
NEW BUSINESS (Continued)
APPOINTMENTS TO CITY BOARDS/COMMITTEES
Mayor Turner said that he had not had time to review the
applications for this committee and would like to postpone
appointments until the meeting of May 23.
Councilmembers asked that the Planning Director furnish them with
copies of all the applications received for this committee.
ADJOURNMENT
The meeting adjourned at midnight to an adjourned regular meeting
to be held on Monday, May 16, to discuss the traffic impact fee.
APPROVED
ATTEST
CM/43/164