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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