HomeMy Public PortalAboutCCMINS 10-14-1985 October 14, 1985
REGULAR MEETING OF OCTOBER 14, 1985
A regular meeting of the City Council was held on Monday, October 14,
1985 in the Municipal Court Building, 39 South Livermore Avenue. The
meeting was called to order at 7 p.m.
ROLL CALL
Councilmembers:
Present: Stein, Kamena, Brown, Wieskamp, Mayor Turner
Absent: None
Staff Members Present:
City Manager Lee Horner, Assistant City Manager Jerry Peeler,
City Attorney Tom Curry, Planning Director Bob Brown, Public
Works Director Dan Lee, Zoning Administrator Bruce Kibby, City
Clerk Carol Greany.
PLEDGE OF ALLEGIANCE
Mayor Turner led the Councilmembers and audience in the pledge of
allegiance.
MINUTES APPROVAL
ON THE MOTION BY VM BROWN, SECONDED BY CM STEIN, AND BY A 4-0-1 VOTE,
MAYOR TURNER ABSTAINING DUE TO ABSENCE AT THE MEETING OF SEPTEMBER
23th, THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 23, 1985 WERE
APPROVED AS SUBMITTED.
PROCLAMATIONS
A proclamation proclaiming October as Crime Prevention Month.
A proclamation proclaiming October 15 as White Cane Safety Day.
A proclamation proclaiming October 14 - 20 as Muscular Dystrophy
Bowl-A-Thon Week.
A proclamation proclaiming October 20 - 26 as National Business
Women's Week.
CM-40-172
October 14, 1985
OPEN FORUM
None
PUBLIC HEARINGS
CONDEMNATION/ACQUISITION
EMBARCADERO PROPERTIES, INC.
A hearing was continued from the meeting of September 9 to consider the
condemnation and acquisition of certain property of Embarcadero Properties,
Inc., for the purpose of development of a public road and associated
improvements. Property located within the Triad project, north of 1-580,
Airway Boulevard interchange.
CM Kamena stated that the attorney, Burke Critchfield, representing
Embarcadero Properties has requested this item be postponed to the meeting of
October 28.
CM Stein stated that he would vote to grant the continuation for one last
time.
ON THE MOTION OF CM KAMENA, SECONDED BY CM WIESKAMP, AND BY A 5-0 VOTE, THI
ITEM WAS CONTINUED TO THE MEETING OF OCTOBER 28, 1985.
TENTATIVE TRACT MAP 4283
HOFMANN COMPANY
A hearing was held to consider a request by the Hofmann Company to amend a
previous condition to Tentative Tract Map 4283 regarding landscaping along
1-580. Tentative Tract Map 4283, 2.5 acres, is located south of Sunflower
Court and north of 1-580 near Bellflower Street. An Environmental Impact
report was previously considered.
The Planning Commission and staff are recommending denial of the application
for the amendment to delay the installation of the landscaping.
Bob Brown, Planning Director, explained this requirement for landscaping was
to be completed in 1984 and to date this requirement has not been met. The
Planning Commission and staff are recommending denial of this request since
no approval has been granted for further development. A request for
additional dwelling units in the 1985-86 RDP did not receive sufficient
points to justify approval.
Bill Leonard, representing Hofmann Company, stated he felt the City had
broken their agreement regarding low-income housing in the RDP, so in turn,
the Hofmann Company felt it appropriate to eliminate this landscaping
requirement.
VM BROWN MOVED TO DENY THE REQUEST, SECONDED BY CM WIESKAMP, AND THE MOTION
PASSED BY A 5-0 VOTE.
CM-40-173
October 14, 1985
PUBLIC HEARINGS
(continued)
ANNEXATION
A hearing was scheduled to consider a request by Daniel Demaray to
annex a 6.04-acre parcel into the City. Property located between
Preston and Naylor. Avenue approximately 600 feet west of Vasco Road.
Negative Declaration consideration. The City Council may also
consider annexation of 8 additional parcels totalling approximately
9.4 acres to the east and west of the subject property.
The staff is recommending continuance of this item to the meeting of
November 25 as some property owners in the area have now expressed
some reluctance to being annexed.
ON THE MOTION OF CM WIESKAMP, SECONDED BY VM BROWN, AND BY A 5-0
VOTE, THE ITEM WAS CONTINUED TO THE MEETING OF NOVEMBER 25, 1985.
TENTATIVE PARCEL
MAP 4667/JONES
A hearing was scheduled to consider a request by Ernest and Charlotte
Jones, to consider their Tentative Parcel Map 4667. The request is
to divide a 6.41-acre parcel into two lots, located at 5237 South
Front Road between South Front and Preston Avenue. A Negative
Declaration was also considered.
The Planning Commission and staff are recommending approval of the
Map subject to the conditions of approval granted by Planning
Commission Resolution 75-85, Certification of the Negative
Declaration with direction of the appropriate filing.
CM Stein inquired if it is possible to condition this Map to require
landscaping along South Front Road.
In response, Bob Brown, stated it could be a condition; however,
maintenance of such landscaping would be a problem.
Ernie Jones, applicant, stated they support the recommendation.
CM WIESKAMP MOVED TO APPROVE THE MAP AND CERTIFY THE NEGATIVE
DECLARATION, SECONDED BY VM BROWN, AND BY A 5-0 VOTE THE MOTION
PASSED.
CM-40-174
October 14, 1985
PUBLIC HEARINGS (continued)
TENTATIVE PARCEL MAP 3752
TRIAD SYSTEMS
A hearing was held to consider a request by Associated Professions,
Inc. on behalf of Triad Systems for a one-year extension to divide
a 180-acre parcel into 17 industrial parcels. The property is
located south of Las Positas Boulevard, west of Kitty Hawk Road
extension. An Environmental Impact Report was previously
considered.
Bob Brown, Planning Director, explained the Planning Commission had
scheduled this item for their meeting of October 1. However, the
applicant requested additional time to discuss the project with
staff, and it was continued to the Planning Commission meeting of
October 15. The staff recommends that the City Council continue
their hearing of the matter to the meeting of November 25, 1985.
ON THE MOTION OF VM BROWN, SECONDED BY CM STEIN, AND BY A 5-0 VOTE
THE ITEM WAS CONTINUED TO NOVEMBER 25.
TAXI CAB APPLICATION
This item was moved from New Business to Public Hearings, since it
is in fact a hearing to consider the application as well as receive
any comments from current permit holders. This permit request is
made by Reza Ghorbani, representing the Tri-Valley Cab Company
operated out of San Ramon under a County Business License.
The staff recommends the permit be granted since the applicant has
met the requirements as required by the Livermore Municipal Code.
It was noted neither the applicant nor the current permit holder
were available to give comment.
VM BROWN MOVED TO APPROVE THE PERMIT, SECONDED BY CM STEIN, AND BY
A 5-0 VOTE THE MOTION PASSED.
CONSENT CALENDAR
ON THE MOTION OF CM KAMENA, SECONDED BY VM BROWN, AND BY A 5-0
VOTE, THE CONSENT CALENDAR WAS APPROVED.
GENERAL PLAN AMENDMENT
THIRD AMENDMENT - 1985
RESOLUTION NO. 202-85
A RESOLUTION AMENDING THE LIVERMORE GENERAL PLAN
THIRD AMENDMENT - 1985
CM-40-175
October 14, 1985
CONSENT CALENDAR
(continued)
RESIDENTIAL
DEVELOPMENT POLICY
ALLOCATION
BRIDGE/EDEN
RESOLUTION NO. 203-85
A RESOLUTION APPROVING A RESIDENTIAL DEVELOPMENT
POLICY ALLOCATION
1985 & 1986 - SPECIAL CATEGORY
RESIDENTIAL
DEVELOPMENT POLICY
ALLOCATION & REZONE
CODIROLI
RESOLUTION NO. 204-85
A RESOLUTION APPROVING A RESIDENTIAL DEVELOPMENT
POLICY ALLOCATION & REZONING
1985 & 1986 - SPECIAL CATEGORY
RESIDENTIAL
DEVELOPMENT POLICY
ALLOCATION
NORTHWOOD HOMES
RESOLUTION NO. 205-85
A RESOLUTION APPROVING A RESIDENTIAL DEVELOPMENT
POLICY ALLOCATION, PLANNED UNIT DEVELOPMENT PERMIT
AND TENTATIVE TRACT MAP
(NORTHWOOD HOMES - TRACT MAP 5403, PLANNED UNIT
DEVELOPMENT PERMIT 30-85)
RESIDENTIAL
DEVELOPMENT
POLICY ALLOCATION
KAUFMAN & BROAD
RESOLUTION NO. 206-85
A RESOLUTION APPROVING A RESIDENTIAL DEVELOPMENT
POLICY ALLOCATION, PLANNED UNIT DEVELOPMENT PERMIT
AND TENTATIVE TRACT MAP AND REZONING
(KAUFMAN & BROAD - TRACT MAP 5466, PLANNED UNIT DEVELOPMENT 25-8
CM-40-176
October 14, 1985
CONSENT CALENDAR
(continued
RESIDENTIAL DEVELOPMENT
POLICY ALLOCATION
ANDEN GROUP
~SOLUTION 207-85
A RESOLUTION APPROVING A RESIDENTIAL DEVELOPMENT
POLICY ALLOCATION, PLANNED UNIT DEVELOPMENT PERMIT (PUD) AND
TENTATIVE TRACT MAP
ANDEN GROUP - TRACT MAP 5468, PUD 336-85
RESIDENTIAL DEVELOPMENT
POLICY ALLOCATION
KAUFMAN & BROAD
RESOLUTION NO. 208-85
A RESOLUTION APPROVING A RESIDENTIAL DEVELOPMENT
POLICY ALLOCATION, PLANNED UNIT DEVELOPMENT PERMIT, AND
TENTATIVE TRACT MAP
KAUFMAN & BROAD - TRACT MAP 5460, PUD 27-85)
RESIDENTIAL DEVELOPMENT
POLICY ALLOCATION
HIVEST, INC.
RESOLUTION NO. 209-85
A RESOLUTION APPROVING A RESIDENTIAL DEVELOPMENT
POLICY ALLOCATION AND TENTATIVE TRACT MAPS
(HAGOP MANUELIAN, HIVEST, INC.
- TRACT MAPS 5470, 5471,
5472 and 5473)
RESIDENTIAL DEVELOPMENT
POLICY ALLOCATION
ANDEN GROUP
RESOLUTION 210-85
A RESOLUTION APPROVING A RESIDENTIAL DEVELOPMENT
POLICY ALLOCATION, PLANNED UNIT DEVELOPMENT PERMIT, AND
TENTATIVE TRACT MAP
(ANDEN GROUP - TRACT MAP 5477, PUD 40-85)
CM-40-177
October 14, 1985
CONSENT CALENDAR
(Continued)
RDP ALLOCATION
CITATION HOMES
RESOLUTION NO. 211-85
A RESOLUTION APPROVING A RESIDENTIAL DEVELOPMENT
POLICY ALLOCATION, PLANNED UNIT DEVELOPMENT PERMIT, AND
TENTATIVE TRACT MAP AND REZONING
(CITATION HOMES - TRACT MAP 5474, PUD 37-8~
RDP ALLOCATION
NORTHWOOD HOMES
RESOLUTION NO. 212-85
A RESOLUTION APPROVING A RESIDENTIAL DEVELOPMENT
POLICY ALLOCATION, PLANNED UNIT DEVELOPMENT PERMIT, AND
TENTATIVE TRACT MAP
(NORTHWOOD HOMES - TRACT 5459, PUD 31-8~
RDP ALLOCATION
SPRUIELL & CORBETT
RESOLUTION 213-85
A RESOLUTION APPROVING A RESIDENTIAL DEVELOPMENT
POLICY ALLOCATION, PLANNED UNIT DEVELOPMENT PERMIT, AND
TENTATIVE TRACT MAP
(DAN SPRUIELL & RICK CORBETT - TRACT MAP 5482, PUD 41-85)
RDP ALLOCATION
EBERT LOUNSBURY
RESOLUTION 214-85
A RESOLUTION APPROVING A RESIDENTIAL DEVELOPMENT
POLICY ALLOCATION, CONDITIONAL USE PERMIT, AND
TENTATIVE TRACT MAP
(EBERT W. LOUNSBURY - TRACT MAP 4872, CUP 22-85)
RDP ALLOCATION
FLETCHER & POTTHOFF
RESOLUTION 215-85
A RESOLUTION APPROVING A RESIDENTIAL DEVELOPMENT
POLICY ALLOCATION AND CONDITIONAL USE PERMIT
(FLETCHER & POTTHOFF - CUP 24-85)
CM-40-178
October 14, 1985
CONSENT CALENDAR
(Continued)
RDP ALLOCATION DENIALS
RESOLUTION NO. 216-85
A RESOLUTION DENYING RESIDENTIAL DEVELOPMENT
ALLOCATION PROPOSALS
(1985 & 1986)
LOT LINE ADJUSTMENT
McBAIL COMPANY
RESOLUTION NO. 217-85
A RESOLUTION APPROVING LOT LINE ADJUSTMENT 138-85
325 ERICA COURT/338 ERICA COURT
ENGINEERING & TRAFFIC SURVEY
CITY STREETS SPEED LIMITS
RESOLUTION NO. 218-85
A RESOLUTION ADOPTING ENGINEERING AND TRAFFIC SURVEY
REJECT CLAIM
RESOLUTION NO. 219-85
A RESOLUTION REJECTING CLAIM
(MARK GOMES)
SUMMARIES AND MINUTES
The summary of the Planning Commission meeting of October 1, 1985,
was noted.
The minutes of the Airport Commission meeting of September 9, 1985,
were noted.
PAYROLL & CLAIMS
There were claims in the amount of $1,294,200.95 dated September
20; $646,843.71 dated September 26; and $446,804.15 dated October
4, 1985.
UNFINISHED BUSINESS - NONE
CM-40-179
October 14, 1985
ORDINANCES
SEWER TREATMENT
EXPANSION
A hearing was held to allow the public to comment on a proposed
ordinance by CM Stein which will require a vote of the public on any
project which equals 10% or more of our present sewer treatment or
disposal capacity, and a vote of the public on any sewer treatment or
disposal capacity studies.
Mayor Turner stated he believed this should be under public hearings
and not under ordinances.
Lee Horner, City Manager, stated the hearing was published as a paid
advertisement for a public hearing, but was placed under ordinances
as it is not a required public hearing, and it does concern
an ordinance.
Mayor Turner invited CM Stein to make a statement since he authored
the ordinance.
CM Stein stated there has been a lot of publicity on the ordinance
and he wanted to make it clear there was no intention to "sneak" it
through. He believed many people have misinterpreted the ordinance.
It requires, he stated, a vote of the people to approve major new
sewer export expansion projects. This requirement, has in essence,
been in affect since 1979 with the adoption of the LAVWMA Joint
Powers Agreement. He stated he is suggesting the ordinance to avoid
large expenditures on the City's behalf for studies or planning that
perhaps may be turned down in the end.
For the record, he stated he supported the General Plan and that it
states growth determines the need of sewer facility expansion. This
ordinance is not designed to stop o~ slow growth. In response to
Triad's inquiry about future needs, CM Stein presented rough sketches
of projected flows and graphs to illustrate his point.
Mayor Turner asked CM Stein about Section 2.b of the ordinance where
it leaves the space blank for the amount which would trigger a vote
for studies.
CM Stein stated it was left blank after other members of the
Council, at the September 23 meeting, stated they would like to give
some input to that figure. He suggested $100,000.
Mayor Turner entered into the record a letter received from Reynold
C. Johnson, who is also concerned about the project.
CM-40-180
October 14, 1985
ORDINANCES
(Continued)
SEWER TREATMENT EXPANSION
(Continued)
VM Brown stated she would like to see this item handled as a public
hearing but would like to see CM Stein's figures from his
calculations before hearing from the public.
Mayor Turner asked staff if they had had a chance to review the
tables prepared by CM Stein.
Lee Hornet, City Manager, stated staff had received the tables this
morning and had not had time to make any analysis. However, staff
does have questions concerning some of the figures, and hopefully
CM Stein will be able to clear up those questions.
Mayor Turner, stated for the record, that even though the figures
may be reviewed this evening, it should be noted that staff has not
had a chance to study them or to submit to Council a staff report.
CM Stein reviewed the tables briefly, using his assumptions, and
showing in his opinion the projected Livermore sewage flow and the
export flow.
Mayor Turner again stated that these figures have not been
verified by staff and it should be noted for the record that the
comments are those of the writer. He directed staff to review the
figures in the next two weeks and come back at the next meeting
with a report. He also asked the City Attorney if he has any
concerns regarding the legality of the ordinance.
Tom Curry, City Attorney, stated that his first concern was whether
the general subject matter of the ordinance was legally subject to
the initiative/referendum process. After review, he has concluded
that the subject matter--plant or pipeline expansion--is a
legislative act and therefore the Courts would permit voter
approval.
Mr. Curry expressed concern, however, regarding that section of the
ordinance which mandates voter approval of any change in the
ordinance. The State Government Code, he stated, specifies the way
in which a City Council takes legislative action, and that is by
ordinance which can be amended or repealed by a subsequent Council.
The State Election Code, on the other hand, sets up the procedures
for initiative and referendum which includes, in the case of the
CM-40-181
October 14, 1985
ORDINANCES
(Continued)
SEWER TREATMENT
EXPANSION
(Continued)
requirement that repeal or amendment can only be done by the voters.
In the City Attorney's opinion, State Law establishes 2 schemes:
Council action which can be changed by the Council; and voter action
which can be changed by the voters. He has therefore concluded that
this particular section would be found unlawful by a Court as in
conflict with the State Law.
Mayor Turner stated he believes this is a major issue which was
brought up before, and yet he finds that the section is still a part
of the ordinance. He asked CM Stein if he had any suggestions
regarding this section.
CM Stein stated he did not have any suggestions at the time but would
like to hear discussion. A number of people have said they would
like to see the ordinance put to a vote, but unfortunately, time does
not allow that, so he would rather leave the ordinance as it is and
to allow a vote perhaps in the future.
Mayor Turner stated there are plenty of elections coming up in the
future, and he believed the ordinance is unlawful. He challenged CM
Stein to find out what the voters want and to not put this burden on
the City Council.
CM Stein stated he would prefer to see the ordinance in place before
the election since there is no time to place it on the current
ballot.
Mayor Turner opened the public hearing.
Ed Frankie, Polk Way, urged the Council to deny first reading and
introduction of the ordinance. He stated this is an issue of planned
development and the Council is elected to make those decisions as
our elected officials.
Dick Oliver, representing Dividend Corporation, felt it would be a
sad and serious mistake if the powers which have been given to the
Council are taken away in this manner. The charge of the Council is
to represent the community as a whole and to make decisions such as
planning for the sewage facilities expansion.
CM-40-182
October 14, 1985
ORDINANCES
(continued)
SEWER TREATMENT EXPANSION
(continued)
The financial controller, representing F&P Properties, agreed with
the other speakers and urged the Council to not introduce the
ordinance.
Clarence Hoening, supported the ordinance and urged the Council to
adopt it, stating that if Livermore participates in the project, we
must then sell the permits in order for it to pay for itself.
Rebecca Fowler, supported the ordinance and stated she believes it
deserves the attention of the people.
Doug Douglas, representing Reynolds C. Johnson, read the letter
which had been submitted to the Council opposing the ordinance.
Jan Cargo opposed the ordinance and stated she believes this issue
should be taken up after the election.
Tom O'Malley, representing Triad Corporation, read a letter from
Triad urging the Council to deny introduction and adoption of this
ordinance. He stated he felt it would be a detriment to the City
of Livermore and the industrial community.
Jan Brice, Council Candidate, stated she believes this ordinance is
an abuse of the Council's power and that it sends a loud message to
the industrial and investment community that we do not want growth
here. She requested that the issue be postponed until after the
election.
Jim Kushin, real estate broker, representing property owners
throughout the Valley, stated this ordinance is highly
inappropriate and will hinder future recruitment of industrial
development in Livermore. He stated that this problem has plagued
Livermore for some time and he hoped that this ordinance will not
be adopted.
Rich Henghold, real estate broker, distributed letters to the
Council from various developers throughout the Valley and stated he
believes the ordinance goes against balanced growth. This
ordinance will hurt Livermore, he stated, and will send a message
to the outside people regarding our stand on growth. He urged the
Council to vote against the ordinance.
CM-40-183
October 14, 1985
ORDINANCES
(Continued)
SEWER TREATMENT
EXPANSION
(Continued)
Bill Zagotta, supported the ordinance and urged the Council to
introduce it.
Jim Day agreed with Mr. Zagotta's support of the ordinance and urged
the Council to make the introduction.
Judy Bartoli, Council Candidate, opposed the ordinance and agreed
with previous speakers regarding the reasons why it will hurt
Livermore.
Dick Ryon, Glenwood Court, supported the ordinance and urged its
adoption.
Gloria Taylor agreed with the sQeakers in support of the ordinance.
Tot Green, Council Candidate, opposed the ordinance and stated she
believes it will indeed send a message to the outside regarding our
stand on growth.
In response to Ms. Green, the City Attorney repeated his statement
regarding the State Law provisions, and again stated that in his
judgment the section regarding amendment and appeal by vote of the
people only is questionable.
George Bing supported the ordinance and stated he believes that CM
Stein's figures on the chart are very clear and urged adoption of the
ordinance.
Larry Jones, representing Coldwell Banker, opposed the ordinance and
stated he believes it is unnecessary and inappropriate legislation.
J. D. Lee supported the ordinance and felt it was very appropriate.
He stated be believes the citizens have the right to vote on these
issues.
Jim Christian, representing Marathon Properties, opposed the
ordinance and urged a no vote.
Sue Dell Acqua, President of the Chamber of Commerce, opposed the
ordinance, stating that the Chamber believes it undermines the growth
of our Community; that it is self-serving and one-sided, and should
be rejected.
CM-40-184
October 14, 1985
ORDINANCES
(continued)
SEWER TREATMENT EXPANSION
(continued)
Earl Mason, Associated Professions, Inc., opposed the ordinance and
urged the Council to deny the adoption.
Archer Futch supported the ordinance and urged the Council to make
the introduction.
No other public comments were offered at this time.
Mayor Turner stated that the ordinance is not dealing with any
particular large project at the present, but deals with future
projects. He again urged the Council to deny the introduction of
the ordinance and to direct that this ordinance be put to a vote of
the people. Since it will require that all large projects be put
to a vote of the people in the future, the ordinance itself should
then go to the people.
Mayor Turner moved to deny the ordinance, seconded by CM Wieskamp.
VM Brown stated that the reason the Council did not participate in
the study was because it moved ahead of Livermore's plans. She
felt that none of the comments as offered by the City of Livermore
were considered in this study and that she would vote against the
motion.
CM Wieskamp stated that Livermore cannot operate as an island and
cannot do things that do not impact other communities. The voters
already have a right under State Law to referend or initiate
actions. This ordinance, she feels, takes away City Council
authority to do coordinated planning; it will not increase
cooperation with LAVWMA, but will instead increase the tension with
the other agencies.
ON A ROLL CALL VOTE, AS FOLLOWS, THE MOTION FAILED BY 2-3: CM
WIESKAMP - AYE; CM KAMENA - NO; CM STEIN - NO; VM BROWN - NO; MAYOR
TURNER - AYE.
CM STEIN MOVED TO INTRODUCE THE ORDINANCE FOR FIRST READING TO
INSERT THE FIGURE OF $100,000 ON PAGE 2, SECTION 13.40.020b, TO
ADOPT THE ALTERNATE LANGUAGE UNDER SECTION 13.40.010, TO ADOPT THE
ALTERNATE LANGUAGE UNDER SECTION 13.40.030, AND TO CHANGE THE
LANGUAGE IN SECTION 13.40.020A1 TO READ "CAPACITY EQUAL TO TEN
PERCENT (10%) BEYOND EIGHT MILLION GALLONS NOW EXISTING IN THE
PLANT", SECONDED BY VM BRO;~.
CM-40-185
October 14, 1985
ORDINANCES
(Continued)
SEWER TREATMENT
EXPANSION
(Continued)
CM Kamena stated he would like to offer an amendment or separate the
issue regarding Section 13.40.050 regarding voter approval to repeal
or amend the ordinance.
CM STEIN AGREED TO DELETE THAT SECTION OF THE ORDINANCE FROM HIS
MOTION.
Mayor Turner again stated that he has asked the Council to place this
matter on a ballot of the people and pointed out that in the LA~WMA
agreement, all agencies have an equal vote and a right of veto. He
stated he does not believe that some Councilmembers followed the
voters direction when they voted against participating in the study.
CM Stein stated his goal was to represent the best interest of the
citizens of Livermore and felt he acted in the best interest.
ON A ROLL CALL VOTE, THE MOTION PASSED BY 3-2 VOTE, CM STEIN - AYE;
VM MAYOR BROWN - AYE; CM KAMENA - AYE; CM WIESKAMP - NO; MAYOR TURNER
- NO.
CM STEIN MOVED TO ADD IN SECTION 13.40.050, SECONDED BY VM BROWN.
THE MOTION FAILED BY 2-3 VOTE BY ROLL CALL, CM STEIN - AYE; VM BROWN
- AYE; CM KAMENA - NO; CM WIESKAMP - NO; MAYOR TURNER - NO.
MAYOR TURNER MOVED TO WAIVE READING OF FULL TEXT AND TO INTRODUCE BY
TITLE ONLY, SECONDED BY CM KAMENA, AND PASSED BY 5-0 VOTE.
The Council took a brief recess and reconvened with all members
present.
RECONSIDERATION
CM Wieskamp asked the Council if they would reconsider Item 1.6
regarding a taxi cab permit. She stated that Mr. Henry Overby,
representing Yellow Taxi Company, and a current permit holder,
arrived after the hearing was closed and was not permitted to comment
on Mr. Ghorbani's application. She asked if the Council would reopen
the hearing.
The City Attorney informed the Council that they may reconsider the
matter, however, would not be able to do so this evening as the
applicant has left the Council Chambers for the evening. He
suggested the Council schedule the reconsideration for the next
meeting.
MAYOR TURNER MOVED TO RECONSIDER THE MATTER AT THE MEETING OF OCTOBER
28 AS A PUBLIC HEARING, SECONDED BY CM STEIN, AND PASSED BY A 5-0
VOTE.
CM-40-186
I 1 .................... -J--'JJT----l'JJ"-- ........ '" l .................. ll"lr ........................ T
October 14, 1985
ORDINANCES
(continued)
CABLE TELEVISION
CM KAMENA MOVED TO INTRODUCE THE ORDINANCE BY TITLE ONLY FOR FIRST
READING, SECONDED BY MAYOR TURNER, AND ADOPTED BY A 5-0 VOTE.
WRITTEN COMMUNICATIONS
BENEFIT PROJECT
The Council received a letter from Sally Bystroff, co-chairman of
the Third Annual CROPWALK, which works to benefit world hunger
projects. The group is asking the Council to waive a $50 fee which
is required to place a large banner on Fourth Street to advertise
their event.
ON THE MOTION OF CM STEIN, SECONDED BY VM BROWN AND BY A 5-0 VOTE,
THE FEE WAS WAIVED.
MATTERS INITIATED
GENERAL PLAN
ARROYO ROAD & L STREET
CM Stein requested a General Plan review regarding Arroyo Road and
L Street.
Bob Brown, Director of Planning, stated it can be done with the
first amendments for 1986.
SEWER EXPANSION
CM Stein requested an overview report of a study by other valley
agencies regarding sewer expansion.
Lee Horner, City Manager, stated this report will be on the October
28 agenda. He requested representatives from Brown & Caldwell and
LAVWMA be invited.
TOWNHOMES DEVELOPMENT
LAS POSITAS
CM Wieskamp requested staff to investigate the vacant townhomes
development on Las Positas.
CM-40-187
October 14, 1985
MATTERS INITIATED
(continued)
SIGN REQUIREMENTS
VM Brown requested the City Clerk and Planning Director to respond to
Council candidates regarding sign requirements.
PEPPERTREE PLAZA
VM Brown requested staff to continue to investigate and pursue
improvements in the Peppertree Plaza.
PLANNING COMMISSION
RESOLUTIONS
Mayor Turner requested that the Planning Department show the Planning
Commission votes on resolutions.
POWER POSSEE
Mayor Turner congratulated the Power Possee (Carol Lathrop) on
reaching a $90,000 figure for energy conservation.
AIRPORT SECURITY
Mayor Turner requested staff to report back on Airport security.
NEW BUSINESS
SUPERBLOCK
DEVELOPMENT
The Council considered a letter from Boatright Enterprises, Inc.,
requesting that the Council make some commitments toward the
development of the Superblock area. The issues at hand included
commitment by the City to approve a development plan, to use, if
needed its condemnation powers to allow the project to proceed, to
reserve utility services including sewer, water, etc., to allow full
development in a specified time frame, and to provide within the RDP
process the ability to develop the entire project in a single phase.
CM KAMENA MOVED TO INSTRUCT THE STAFF TO PREPARE A RESOLUTION OF
INTENTION WHICH WOULD: 1) RESERVE FOR A TWO-YEAR PERIOD, 114,000
GALLONS OF SEWAGE CAPACITY. 2) COMMIT TO REVIEW THE RDP WHICH WOULD
ACCOMMODATE THE DEVELOPMENT IN ONE PHASE. 3) REQUIRE THE
APPLICATION AND PLANS BE SUBMITTED WITHIN 90 DAYS. 4) THE PROJECT
BE BUILT IN A SINGLE PHASE AND THAT IT BE PUT ON A "FAST TRACK".
SECONDED BY VM BROWN.
CM-40-188
October 14, 1985
NEW BUSINESS
SUPERBLOCK DEVELOPMENT
(continued)
CM Kamena stated that the time has come for quality development and
he would like to see several things take place in order to
accommodate this development.
VM Brown suggested that a market feasibility study be conducted so
that we will know if, for example, a convention center is built,
that it will be used.
CM Kamena stated that he believes the development itself would, in
fact, conduct such a study before proceeding on such a project.
The City Manager, Lee Horner, suggested that at the time the plans
and development agreement are considered, would be the time to make
a condition of a study.
Mayor Turner urged the Council to put this matter over for a public
hearing since he believes the allocation for this project would be
taken from the 2% growth rate, and other developers who are
planning to compete for those permits should be allowed to speak on
this matter.
CM Stein stated he supports the concerns of Mayor Turner; however,
believes this project is important and that it should be exempt
from the 2% growth rate since Livermore has been waiting for this
area to develop, and through the Redevelopment agency, the City
will get 100% of the property tax. He would support, he said,
allowing this project to operate under the 2%, or if that is not
possible, to exempt the project.
In response to Council's concerns regarding the General Plan and
Residential Development Policy, the City Attorney stated that the
Council has the power to amend the Residential Development Policy
(RDP) and the General Plan as long as it is held with public
hearings as required by law.
CM STEIN MOVED TO AMEND THE MOTION TO DIRECT THE STAFF AND PLANNING
COMMISSION TO STUDY ALL LEGAL METHODS OF PROVIDING THE REQUIRED
PERMITS IN A LEGAL MANNER.
CM KAMENA, MAKER OF THE MAIN MOTION, AGREED TO INCORPORATE THIS
DIRECTION IN HIS MOTION.
Mayor Turner cautioned the Council that before making such
commitments by the Council, an investigation should be made on the
impacts it may have on other projects which are currently in
place.
CM-40-189
October 14, 1985
NEW BUSINESS
SUPERBLOCK
DEVELOPMENT
(continued)
Don Sullivan, architect representing Boatright Enterprises, stated
they are looking for some direction from the Council that they will
have the Council's support in this project. He stated the project is
consistent with the Urban Design Plan and the implementation is for
the entire Superblock.
THE MOTION PASSED BY A 5-0 VOTE.
ADJOURNMENT
The meeting was adjourned at 10:45 p.m. to a Redevelopment Agency
Meeting.
APPROVED
ATTEST
CAROL GR~ERK
CITY OF LIVERMORE
CM-40-190