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Home My Public Portal AboutCC MINS. 1959 Di)~ J.AN 5.\0=13 "; '. 61 >< > = Regular Meeting, January 5, 1959 A regular meeting.of the City Council was held on Monday evening, January 5, 1959 in the Library of the Livermore Union High School. The meeting was calied to order at 8:01 P. M; Roll Call: Present--Councilmen McClaskey, Medeiros, Shirley and Mayor Nordahlj Absent--Councilman Patterson. Minutes On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, the minutes of the adjourned regular meetings of December 15 and 22, 1958 were approved as mailed. Public Hearing - Annexation of "Industrial Annex #1" This being the time and place as established for the hearing of protests to the annexation of that certain territory known as "Industrial Annex #1" to the City of Livermore, the hearing is now open. The City Clerk announced there were no written protests to the above outlined annexation and upon invitation by the Mayor for protestants to speak, it was determined that there were no oral protests. On motion of Councilman McClaskey, seconded by Councilman Shirley, and the unanimous vote of the Council, the public hearing was closed. Public Hearing - Annexation of "Mocho Annex #211 This being the time and place as established for the hearing of protests to the annexation of that certain territory known as "Mocho Annex #2" to the City of Livermore, the hearing is now open. The City Clerk announced there were no written protests to the above outlined annexation and upon invitation by the Mayor for protestants to speak, it was determined that there were no oral protests. On motion of Councilman Shirley, seconded by Councilman ~edeiros, and the unanimous vote of the Council, the public hearing was closed. AN '5 "'df!lt J . l'~~ "'J ~1 333 r-- I . I ' I I Public Hearing - Uniform Building Code, 1958 Edition This being the time and place as established for the hearing of protests to th~ adoption of the Uniform Building Code, 1958 Edition, the hearing is now open. The City Clerk announced there were no written protests to this proposed ordinance and upom invitation by the Mayor for protestants to speak~ it was determined that there were no oral protests. On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, the public hearing was closed. Authorize Purchase of Radio Set for Fire Vehicle At this time the City Manager explained the need of a radio for the fire vehicle. This vehicle is to be used primarily for - emergency rescue work and fire inspection purposes, hence it will be absent from the station on most occasions. This expenditure would qualify for matching funds from Federal Civil Defense. The Council also discussed the possibility of purchasing a second resuscitator to be installed in the Fire Department Station Wagon and Mr. Parness was instructed to'check into the cost for the purchase of this second resuscitator. I : On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, the recommendation of the City Manager and Fire Chief was accepted and the expenditure of $600 was authorized from the Fire Department budget for the purchase of a radio for the fire vehicle. Report from Planning Commission Variance Application - E. E. Garbini A report.dated January 2, 1959 was received from the Planning Commission recommending the granting of the application for variance in order to erect a garage on property line submitted by E. E. Garbini on the property located between 1847 and 1899 West Fourth Street. ~D4 JAN . 5 lCi59 ~. \ ' ~ o >c >- = On motion of Coun9ilman Medeiros, seconded by Councilman Shirley, the Council voted unanimously to accept the recommendation of the Planning Commissiqn and grant the variance. Resume f Plannin Commission Meetin I A report ~as rece ved from the Planning Commission containing a resume of the Planning ICommission's meeting of December 23, 1958 for the Council's review.i No action was taken. Protest Decision on Use Permit Application James Sandlin - Barber Shop A communication dated December 28, 1958 was received from Forrest A. Adams appealing the decision of the Planning Commission on the application of James Sandlin for a use permit to operate a barber shop at 1279 Livermore Blvd. The Planning Commission denied this application because the requested use would be a non-conforming use, and would, therefore, be in the category of the uses required to be abated by January 1, 1972, as proposed in the proposed zoning ordinance. I Mr. Joseph Schenone, attorpey, spoke on behalf or the applicant explaining that this buildmngtas been used for commercial purposes since it was built. It was built as a real estate office and was later used as a cleaning shop buildingj also this area is not strictly residential, there is a motel, trailer court, service station, corporation ~ard, wrecking yard and Joesville commercial buildings along this street. The proposed barber shop would be a compatible use in this area. The applicant also proposes a two bedroom home to be built on the property. The Council then discussed the matter. Mr. C. Carr, owner of the property, also spoke regarding this application and stated he had purchased this property as buainess property. After further discussion, on motion of Councilman Shirley, seconded'by Councilman McClaskey, and by the following called vote, the matter was referred to the study session next Monday evening, January 12th: Ayes--Councilmen McClaskey, Shirley and Mayor' ~ rJ J AN 5 1::j5') 335 Nordahlj Noes--nonej (Councilman Medeiros abstained from voting) Absent--Councilman Patterson. Report of Planning Commission Tentative Map of Tract 1990 - Jensen Development Corp. I ' A communication dated January 2, 1959 was received from the Planning Commission recommending acceptance of the tentative map of Tract 1990 submitted by Jensen Development Corporation located east of Madison Avenue, west of Hillcrest Avenue, and north of East Avenue, subject to the recommendations of the Director of Public Works. (A copy of which is on file in the office of the City Clerk) On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the tentative map of Tract 1990 was approved subject to the recommendations of the Director of Public Works. I ; I I Report from City Attorney re Questions of Coast Mfg. & Supply Co. Concerning Industrial Annexation ~ written report dated necember 31, 1958 was presented by the I City Attorney answering questipns raised by the Coast Manufacturing I and Supply Co. concerning the industrial annexation. (A copy of which is on file in the office of the City Clerk.) Report from City Attorney re Improvement Club Request for Financial Contrtbution A written report dated December 16, 1958 was presented and , read by the City Attorney regarding the recent request of the Women's Improvement Club for financial participatio~ by the City in a clubhouse. (A copy of said report is on file in the office of the Ci ty Clerk.) Mrs. F. C. Robinson and Mrs. Dollie Rothamel were present representing the Women's Improvement Club and requested that a I I I meeting be held at some future date when the Council will listen to their side of the story; they believe they have a good argument for reimbursement. The Council was agreeable to a meeting next Monday evening, January 12th, at a study session. The Improvement Club will be notified of the time. ~36 JAN 51959 ~ Q :>< ao- = Appointment to Airport Advisory Committee On motion of Councilman McClaSkey, seconded by Councilman Shirley, and the unanimous vote of the Council, Harry Perl was appointed as a member of the Airport Advisory Committee. Applications to Sell Small Firearms ~ On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, a permit to sell small firearms for a one year period beginning January 1, 1959 was granted to the following: Nelson Hardware at 56 So. Livermore Avenue Minoggio1s Sport Center at 153 No. L Street Application for Business License Denied An application for a business license submitted by Ruby Marks, Box 563, El Cerrito, to establish a handwriting business was considered by the Council and on motion of. Councilman Shirley, seconded by Councilman McClaskey, and the unanimous vote of the Council, the application was denied. ii Grant Waiver for Garbage Disposal Site Owned by Coast Manufacturing & Supply Co. The fol10wmng resolution was read and introduc~d by Council- man McClaskey, sec0nded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaSkey, Medeiros, and Shirleyj Noes--nnnej (Mayor Nordahl abstained from voting) Absent--Councilman Patterson. Resolution #1-59 RESOLUTION GRANTING WAIVER OF SECTION 2 OF ORDINANCE NO. 399 TO CONDUCT REFUSE DUMPING OPERATION .ON ' PRIVATELY OWNED LAND Advertise for Bids for City's Gasoline Needs for year commencing February 1, 1959 The following resolution was read and introduc~d ~y Council- man Medeiros, seconded by Councilman McClaskey, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Shirley and Mayor Nordahlj Noes--nonej Absent--Councilman Patterson. Resolution ~2-59 RESOLUTION CALLING FOR IDS FOR FURNISHING AND DELIVERY OF GASOLINE FOR THE ,YEAR BEG- INNING.FEB.RUARY 1, 1959 I ...,~.j: -' ',~;.,'-'; , '!:& '.<ill, .~.. :JJ "" .. - --, ';F""; _ ......., ,1IlIIk11" .'. ~".l" . ...4. _ /.. ',I ; '" /\ I~ r; 1'.',",0 337 Authorize Execution~ Contract with Coats, Herfurth & England, Consulting Actuaries, for Amendment Valuations to City1s Contract with St. Employees' Ret. System The following resolution was read and introduced by Council- man McClaskey, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Shirley and Mayor Nordahlj Noes--nonej Absent--Councilman Patterson. Resolution #3-59 A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT ~uthorize Execution or a Contract with Jensen Dev. Corp. for Sewer Connection (Lot 3, Bl A, Tct 1984) The following resolution was read and introduced by Council- . man Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Shirley and Mayor Nordahlj Noes--nonej Absent--Councilman Patterson. Resolution ~4-59 RESOLUTION APPROVING CO TRACT WITH JENSEN DEVELOPMENT CORPORATION FOR SEWAGE SERVICE I : Authorize Execution of a Contract with Jensen DeVN Corp. ror Sewer Connection (Lot 4, Bl A, Tct 1984) The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--CouncilmenMcClaskey, Medeiros, Shirley,and Mayor Nordahlj Noes--nonej Absent--Councilman Patterron Resolution ~59 RESOLUTION APPROVING CON CT WITH JENSEN DEVELOPMENT CORPORATION FOR SEWAGE SERVICE Adopt Ordinance #400 Adopting the Uniform Building Code, 1958 Edition On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the reading of fue ordinance was waived. On motion of Councilman Shirley, seconded by Councilman McClaskey, and by the following called vote, the ordinance adopting I ! , the Uniform Building Code, 1958 Edition was passed and adopted: Ayes--Councilmen McClaskey, Medeiros, Shirley and Mayor Nordahlj Noes--nonej Absent--Councilman Patterson. 338 JAN 5 i959 ~ o >< ~ '= ORDINANCE NO. 400 AN ORDINANCE REGULATING THE ERECTION, CONsTRucTION, ENLARGEMENT" ALTERATION" REPAIR" MOVING" REMOVAL, CONVERSION, DEMOLITION, OCCUPANCY."E.QUI,PMENT, USE, HEIQHT, AREA . AND . MAINTENANCE OF BUILDING OR, STRUCTURES. IN THE CITY OF LIVERMORE; ,PROVIDING FOR THE ISSqANCE OF. PERMITS AND COLLECTION OF FEES THEREFOR; l,lECLARING AND ES-TABLISIftNG FIRE DISTRICTS j PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND REPEALING- .ALL ORDINANCE-S OR PARTS, OF ORDINANCES IN CONFLICT THEREWITH BY- AOOPTING THE t~UNIFORM BUILDING CODE, 1958 EDI'rION"" VdLU~. i~'AND ~D:rNG SECTIONS 204 AND 303 (b) OF .SAID. UNIFORM BUILDING CODE AOOPTED BY THE .PROVISIONS OF THIS ORDINANCE. I Proposed Ordinance Annexing Industrial Annexat~on #1 A proposed ordinance approving the annexation of Industrial Annexation No. 1 was given a first reading and on motion of Council- man MCClaskey, seconded by Councilman-Medeiros, and by the following . called vote, was ordered filed: Ayes--Councilmen McClaskey, Medeiros, Shirley and Mayor Nordahlj Noes--nonej Absent~-Councilman Patterson. Proposed Ordinance Annexing Mocho Annex #2 '. A proposed ordinance approving the annexation of Mocho Annex #2 was given a first reading and on motion of Councilman Medeiros, seconded by Councilman McClaskey, and by the following called vote was ordered filed: Ayes--Councilmen'McClaskey, Medeiros, Shirley, ~ and Mayor Nordahlj N0es--nonej Absent--Councilman Patterson. Proposed Ordinance Establishing Fees for the Disposal of Waste Material at the City Disposal Site A proposed ordinance fixing and establishing rates and regulations for the privilege of the use of the refuse disposal site of the City of Livermore was given a first reading and on motion of Councilman McClaskey, seconded by Councilman Medeiros, and by the following called vote was ordered filed: Ayes--Council- men McClaskey, Medeiros, Shirley and Mayor Nordahlj Noes--nonej Absent--Councilman Patterson. ~ Approve Faithful Performance Bond of Livermore Bowl, Inc. The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following aalled vote was passed: Ayes--Councilmen McClaskey, Medeiros, Shirley and Mayor Nordahl; Noes--nonej Absent--Councilman Patterson. "" ... - - " - .-- -, '. '...- .----.,---~". '.' ,'" rl'~"'" . r '!!' .~.!!. .~ T", " ,~... . '" . lie"" 11t~.:!> . , ,~~ -",............. 'JAIV "~.Jg;g 339 Resolution ~-59 RESOLUTION APPROVING BOND F LIVERMORE BOWL, INC. (Faithful Performance) Approve Labor & Material Bond of Livermore Bowl, Inc. ~ I ~ The following resolution was read and introduced by Council- man Shirley, seconded by Councilman McClaskey, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Shirley and Mayor Nordahlj Noes--nonej Absent--Councilman Patterson. Resolution ~7-59 RESOLUTION APPROVING BON OF LIVERMORE BOWL, INC. (Labor and Material) Authorize Execution of Contract with Livermore Bowl, Inc. Improvement of Railroad Ave. - FUll Frontage of Prine Ppty. The following resolution was read and introduced by Council- man Shirley, seconded by Councilman McClaskey, and by the following called vote was passed; Ayes--Councilmen McClaskey, Medeiros, Shirley and Mayor Nordahlj Noes--nonej Absent--Councilman Patterson. Resolution ~8-59 RESOLUTION APPROVI G CONTRACT WITH LIVERMORE BOWL, INC. Communications A communication dated December 11, 1958 was received from Mr. Melvin A. Harrison, with petition containing 131 signatures, relating to businesses being established along East First st., just outside the City limits and this area1s future development. A letter was to be directed to Mrs. Harrison informing her the comments and recommendations contained in her letter will be studied by the Council in the course of their review of the proposed zoning ordinance. A communication dated December 22, 1958 was received from the Housing Authority notifying the Council of two vacancies which will occur on January 26, 1959 in the Board of Commissioners. This will be discussed at a study session. A communication dated December 18, 1958 was received from the Feather River Project Association outlining the association's problems and soliciting the Council's financial assistance, support and participation. After some discussion on this matter, the City I Manager was instructed to inform the Association that the City presently belongs to the South Bay Aqueduct group. ii40 JAN ,5 195~ ..... o :>< tII> = Proposed Survey to Determine Need for Low Cost Housing A communication dated December 26, 1958 was .receivedfrom the Housing Authority asking if the City Council would accept the results of an impartial survey conducted by the Public Housing Administration to determine the need for low cost housing in Livermore. The Council felt they would like more information . regarding this survey and decided to request someone from the Housing Authority to be present at the study session next Monday evening to give the Council further information. Uniform House Numbering for Livermore-Amador Valley A copy of a letter to the Board of Supervisors from the City [l tJ of Pleasanton regarding the uniform house numbering project, and the establishment of a north~south base line. The Pleasanton . Council recommended that Isabel Avenue be the north-south base line. The Council discussed two locations, L Street and Isabel Avenue. The matter will be discussed again at the study session ~ next Wednesday evening. Payroll and Claims Sixty-four payroll claims and thirty-one claims amounting to a total of $66,332.26 were audited by the City Manager and on 1 . motion of Councilman Medeiros, seconded by Councilman McClaskey, and by the following called vote, were approved as presented: Ayes--Councilmen McClaskey, Medeiros, Shirley and Mayor Nordahlj Noes--nonej Absent--Councilman Patterson. Resignation from Park Commission (Stivers) A communication dated January 5, 1959 was received from Harry Stivers submitting his resignation from the Park Commission. The Council accepted Mr. Stivers resignation with regret. rn.... ~ Recess On motion of Councilman Shirley, seconded by Councilman McClaskey, and the unanimous vote of the Council, the meeting I recessed at 10:25 P.M. to meet Monday evening, January 19, 1959 at 8 olclock P. M. APPROVED: ~ ~ 0 .J1~ATT8.s~~~fJJ~l "Mayor "C y; erk , Li vermore, California JI1.N 1 9 1959 . "-~~1 'lI'1"" , .. ~ .... '" ~ . -" :"~. , .-11 ." . ,..". . -i ~ .-.. -- JAN 1 9 19"9 341 Adjourned Regular Meeting, January 19, 195~ An adjourned'regular meeting of the'City Council was held on January 19, 1959 Monday evening/in the Library of the Livermore Union High School. The meeting was called to order at 8:00 P. M. Roll Call: Present--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Absent--no~e. Minutes On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, the minutes of the regular meeting of January 5, 1959 were approved as mailed. Reports On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the report of the Police and pound. Departments for the year 1958 and the month of December, 1958 and the statement of revenue and expenditures for the p~riod July l, 1958 thru December 31, 1958 were accepted and ordered filed. Report of Planning_Commission Use Permit Application - Leo Blow A report dated January 14, 1959 was received from the Planning Commission regarding the application for a use permit submitted by Leo Blow for a retail building material and equipment rental business at 1210 Railroad Avenue arid recommended a joint study session with the Council to discuss the application. The next study session on Jan. 26, 1959 was agreeable to the Council for this joint meeting. Resume of Planning Commission Meeting A report was received from the Planning Commission containing a resume of the Plarining Commission1s meeting of January 13, 1959 for the Council's review. No action was taken. Report of Planning Commission Tentati ve Map of Tract 1963 - Sunset Development Co. A communication dated January 14, 1959 was received from the Planning Commission recommending acceptance of the tentative map of Tract 1963 submitted by Sunset Development Company, subject to the recommendations of the Director of Public Works. (A copy of which is on file in the office of the City Clerk) 342 JAN 19 1959 Mr. Joe Michell, Superintendent of the Elementary School District, was present at the meeting and outliried for the Council , recommended locations for the pedestrian access walks to the pro- posed new elementary schooi site as indicated on the tentative map of Tract 1963 and stating the reasons why the particular locations are recommended. (A copy of Mr. M1Chell's letter recommending these pedestrian paths is on file in the office of the City Clerk.) After a lengthy discussion by the Council, on motion of Councilman Shirley, seconded by Councilman Medeiros, and by the following. called vote, the tentative map of Tract 1963 was approved subject to the recommendations of the Director of Public Works and access lanes are to be installed in locations as recommended by the School: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--nonej Absent--none~' Call for Bids on Industrial Sewer The following resolution was read and introduced by Council- man McClaskey, seconded by Councilman Patterson, and by the following called vote was passed: Ay'es--Councilmen McClaskey, Medeiros, Patterson, Shirley and'Mayor Nordahlj Noes--none; Absent--none. Resolut1on~-59 ' RESOLUTION cAtLING ~ms FOR AN q:INpUSmI~: S1M;R.,tt~ut1K .L.INE, - . ~. .. ~. ~ "" ." . Tentative Map of Tract 1993 .;, Livermore Development Co. The tentative map of Tract 1993 submitted by Livermore Develop- -, . ment Co. was again discussed. This matter was postponed from an earlier Council meeting, at the request of the subdivider, so as to refer the question of depositing surface drainage on City property contained within the airport bouqds to the C.A.A. for their approval. Mr. Parness presented a letter from the Feder~l Aviation Agency in which they recommend that a ponding area not be granted at this time .on the basis that such 'an easement may interfe.e with the future development of the airport or affect the sale of the property as contemplated by the Airport Committee. They have no objection to a temporary oral arrangement between the City and " ,."",_JIiiili.. .., . ,il:~ ~-It "t: .. "!!J' l' . --. ' ,. ... -,- r ~ p )~ if f ~~~'; ;. ~ ..I ,,: .I...: I-lo o >< >, =' ~ ~ I ,diI;. ., ~..-loi '".--.a 'AN 1 9 Hi'"" . \J , ~ .. ' ;. '):1 343 r- I ' the subdivider qesiring the ponding area, provided there is no compromise with the ~afety regulations affecting the operations of the existing airport. After some discussion, it was suggested that the City Attorney, City Manager and the developer meet to discuss the possibility of an oral arrangement and it was requested by the developer at this time ~hat~he tentative ~ap be approved with the recommendations - as proposed by the Director of Public Works. On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, the tentative map of Tract 1993 was approved subject to the recommendations of the Director of Public Works. , , , and on motion of Councilman Patterson, seconded by Councilman McClaskey, and by the following called vote, the action of the Planning Commission was upheld and the use permit denied: Ayes-- Councilmen McClaskey, patterson~ S~irley and Mayor Nordahlj Noes-- nonej (Councilman Medeiros abstained ~rom voting) Absent--none. Applications for Exempt Solicitors Permit Granted Applications for solicitors exempt license to solicit in tre City of Livermore as outlined in Ordinance No. 373 were submitted by: st. Michaels Mothers Club for a fashion show. Val-Jaco Junior Achievement, students of Livermore High School, manufacturing of plastic Tel-Q-Pens. On motion of Councilman patterson, seconded by Councilman McClaskey, and the unanimous vote of the Council, the Council r- approved the applications and authorized the issuance of exempt fee licenses. Applications to Sell Small Firearms On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, a permit to sell ii44 JAN '1--9 \ 1959 ~ ~ >- =' small ~irearms ~or a one year period beginning January 1, 1959 was granted to Livermore Home & Auto Supply, 167 So. Livermore Avenue. .. Resolution Adopting Arterial stop Sign Locations The ~ollowing resolution was read and introduced by Council- man Patterson, seconded by Councilman Medeiros, and by the ~ollowing called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #10-59 RESOLUTIONDESIGRATl.NCLANh DESCRIBING CERTAIN STREETS . AND'~POBTIONS OF' STREE':rS IN. THE CITY. OF LIY.E:RMORE As'"THROUGH" STREETS'. A'f. WHICH. " . .., - . -, ,'" '. . .'. '. "'. ., .". .." ,. '. " ~ VEHIC~~, Am: ~QUmp ro ~WP AT 9:tm. .OR _ MORE INTERSECTIONS THERETO. AND. AUTHORIZING AND . . . ".'.' .... , .. .--" '... ,. ",'. ,. .'.,', .. . ,. ' . DIREomG. 'lm$ TRmIC ~(]I~. ~,~qT '. AND MAXNTAIN srop SIGNS. AT SUCH, INTEllSE.OnONS., ' Accept Easement from H.L. Hagemann're Roadway to Sewage Treatment Plant Site The following resolution was read and introduced by Council- man McClaskey, seconded by Councilman Medeiros, and by the following called vote was passed: AyeS--Councilmen McClaskey, Medeiros, Patterson, Shirley and'Mayor Nordahl; Noes--nonej Absent--none. Resolution ~11-59 RESOLUTION- ~cek~~ING mrOF EASEMENT FROM ,~T~t,.. ',JUlP' EmA' R~ HAGElWffl Discussion on'Deslgn '& Location 'tor Sanitary Sewer Line re Tracts 1942 & 1963 I n Director of Public Works D. M. Bissell presented a map pre- . pared-by Sunset Development Co. showing the proposed development . pattern for the portion of the 500 acre Wagoner ranch lying adjacent to Pleasanton-Livermore Road and the proposed sewer alignment ~or the sanitary sewer trunk line to serve Tracts 1942 and 1963. He 'also explained the problem inv61ved regarding the sanitary sewer line for these two tracts; this sewer line is to connect to the south trunk sewer at the Pleasanton-Livermore Road. .. The question to be determined is the area which should be served, and the responsibility o~ the subdivider in the installation of said line. o Mr. Bissell has recommended that the subdivider should be responsible for the installation of a line o~ su~ficient size and . depth to serve at least the 500 acres under option by the sub- ~.....,ijtjj~ . ,. '" JAN 1,9 1959 345 divider which would necessitat~ a larger size sewer line to be installed at a greater depth than proposed by the subdivider, and which would sewer the 57 acres at the southwest corner of r-I the Wagoner property. The City would be responsible for the additional size necessary to serve additional areas to the south and east. The Council then discussed the matter as to a policy equitable to everyone, the line should be in the best location to serve the greatest area. There are two policies by which the excess size . can be financed, by contribution of City monies to the excess size of the trunk line and by reimbursement to the developer from a - i . benefit district. It was suggested that these two policies be computed in terms of cost and design, the area which might be served, and the cost to the city contributed because of the difference in size of the line. The matter was postponed to the meeting of February 2, 1959. Accept Deed for Parcel of Property Abutting East Avenue School The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--non3; Absent--none. Resolution~2-59 RESOLUTION AC~PTING D MADE BY LIVERMORE SCHOOL DISTRICT OF ALAMEDA COUNTY, STATE OF CALIFORNIA Adopt Ordinance Approving Annexation of Industrial Annexation No. 1 On motion of Councilman Patterson, seconded by Councilman Medeiros, and tpe unanimous vote of the Council, the reading of the ordinance was waived. - ! On motion of Councilman patterson, seconded by Councilman . Medeiros, and by the following vote, the ordinance approving the annexation entitled Industrial Annexation No. 1 was passed and adopted: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--nonej Absent--none. 346 JAN 1 9 1959 ORDINANCE NO. 40l AN ORDINANCE ~FROVING ANNEXATION ENTITLED . - ' INDtlSTR~. ANNEXATION NO. 1 . ~ . . .. ,-- Adopt Ordinance Approving Annexation of Mocho Annex No.2 On motion of Councilman Shirley, seconded by Councilman patterson, and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman Shirley, seconded by Councilman Patterson, and by the following called vote, the ordinance approving the annexation entitled MOcho Annex No. 2 was passed and adopted: Ayes--Counci1men McClaskey, Medeiros, Patterson, Shirley and Mayor . . . Nordahlj Noes--none; Absent--none. ORDINANCE NO. 402 AN ORDINANCE AFPROVING A'NNEXATION ENTITLED .It MaCHO .ANNEX ~o;. g , ", , ,,' ;,1 ~, Adopt ordinance Establishing Fees for the Disposal of waste Material at Cit.y Disposal Site On motion of Councilman Patterson, seconded by Councilman Shirley, and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman Patterson, seconded by Councilman Shirley~ and by the following called vote, the ordinance establish- ing fees for the disposal of waste material at the city disposal site was passed and adopted: Ayes-~ouncilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. ORDINANCE NO. 403 AN ORDINANCE OF 'THE CI'J:'Y OF LIVERMORE FIXING AND ESTABLISHING ,RATES AND :Fm;GULATIONS FQR THE PRtVILEg~ -~ 0Ii' 'mE -VSE OF - T.EJ.E:, ~FQ$t. -'DISPOS~ . - , , ~J;'!'E _ OF. THE CITY ,OF LIVERMORE.. Discussion' on proposed' 'Ameri~rit toOrd. #348 (Review of Conditional Use Permits) The Council again discussed the proposed amendment to the recently enacted review procedure on conditional use permits. It was decided to hold the matter over to the next meeting of the Council in order to discuss the matter further with the Planning Commission. -" ~ Q X' >, = i ~."',"" .,If d~ i ", .f '""!r,.."C.Iltl.,,,,,:; JAN 1 n ~T";a 347 JAN 2 () ~m~r. PaYroll and Claims Seventy-four payroll claims and sixty-eight claims amounting to a total of $159,043.11 were audited by the City Manager and on Ii I I ! i motion of Councilman Patterson, seconde~ by Councilman McClaskey, and by the following called vote, were approved as presented: Ayes-- Oouncilmen McClaskey, Medeiros, Patterson, Shirley and Mayor'Nordahlj Noes--nonej Absent--none. Recess On_~otion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the meeting recessed at 11:30 P. M. to meet Monday evening, January 26, 1959 at 8 olclock P. M. l\PPROVED:~~/jn_ , yor ATTEST:~ er -- ! Livermore, California rtB 2 1959 . **~*~*~*~*~*~*~*~*~*~*~*~*~*~** I Adjourned Regular Meeting, January 26, 1959 An adjourned regular meeting of the City Council was held on Monday evening,:Ja.i1iJary"26, 1959, in the Library of the Livermore Union High School. -~e ~eeting was called to order at 8:02 P. M. Roll Call: Present--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nord~hlj Absent--none. Open Gasoline Bids At this time, as outlined in the call for bids, proposals for furnishing tne City1s supply of regular and eth~l gasoline for the year commencing February 1, 1959 were opened and read. Bids were received from the following firms: The Texas Company General Petroleum Corporation Shell Oil Company Richfield Oil Corporation Union Oil Company of California Standard Oil Company of California Tidewater Oil Company 348 , , JA;N 26 1959 On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, the above bids were referred to the City Manager for analysis and report, ahe award to be made February 2, 1959. Amend Garbage Contract The following resolution was read and introduced by Council- man Patterson, seconded by Councilman 'McClaskey, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley,and'Mayor ltordahlj Noes--nonej Absent--none. Resolution #l3-5i RESOLUTION AtPROV!NG *blFib TION OF GARBAGE ,GO~CTIQ~-CQNTRAC~ At this time the Chairman declared a 20 minute recess. Accept Deed from H. L. Hagemann for 20 acres - Sewage Treatment Plant Site The following resolution was read and introduced by:Counc11- man Medeiros, seconded by Councilman Patterson, and by the follow~ called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Shirley and'Mayor Nordahlj Noes~-nonej Absent--none. Resolution '1~9 RESOLUTION ACCEPTING DEE!> ~ BY B. L. HAGEMANN ANI) _ $l)NA R. .HAGEMANN Adjourn On motion of Councilman pattersoh,' seconded by Councilman Patterson, McClaskey, the meeting adjourned at 8:40 P. M. ,@~~re -A~ST~~ FEB 2 1959 APPROVED: Livermore, California . **$*$*$*$*$*$*$*$*$*$*$*$*$*$*$*$*$** -",-,,-.,...,. -',-' -. -',-','-',-' -",.............,..... -.. ,,.,,,,,_.......- ~ o :>< ::x;;. = I -I 1 ~ ~.'.: ." ,'.1;, ~ "I''' ~ . "~fil!t, ~:'I'" -,' , . ,....'~,.,'...-..;j,\~ . ,11'1' --~,..... " ~, , 'i ,. ~. . ,.. ~. ,;':l~ ,':iJ.s.,.l i,.~'.J; ~.;lIl";;ii FEB 2 1959 349 ,- . Regular Meeting, February 2, 1959, A regular meeting of the City Council was held.on MOnday evening 1 February 2, 1959 in the Library of the Livermore Union High School. The meeting was called to order at 8:00 P. M. Roll Call: Present--Councilmen McClaskey, Medeiros, Shirley and Mayor Pro-tempore Patterson; Absent--Mayor Nordahl. Minutes (2) On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unan~ous vote of the Council, the minutes of the adjourned regular meetings of January 19 and 26, 1959 were approved as mailed. Reports On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the Justice Court report for the month of December, 1958 was acknowledged and ordered filed. Approve 2nd Half of Chamber of Commerce Budget Appropriation in the ,Amount of $2,500. A communication dated January 23, 1959 was received from Livermore Chamber of Commerce submitting a financial statement of funds covering advertising of the City of Livermore for the period from July 1, 1958 to December 311 1958. Mayor Pro-tempore Patterson commented there should be closer liaison between the Chamber and the Council to keep the Council better informed of activities as they go alongl the Council should be better informed on what the Chamber plans to do and how they plan to -carry it out. On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, th~ report of the I I i Chamber of Commerce was approved and the second half of the budget appropriation in the amount of $2,500 was authorized. Report of Planning Commission Rezoning Application - I. Schuman A report dated January 281 1959 was received from the Planning Commission recommending the application for rezoning submitted by I. 350 fES 2 195~ ~ o :>< ~ =" Schuman to zone from R-l to C-l the southeast corner of W. 4th Street and So. K Street. (lots 5 & 6, Block 36, Map of the Tbwn of Livermore) to accommodate a professional office building. On motion of Counci~an Medeiros, seconded by Councilman McClaskey, and the unan~ous vote of the Council, the recommendation of the Planning Commission was accepted and a public hearing was set for February 16, 1959. Report of Planning Commission Use Permit & Variance Applications - Leo W. Blow A report dated January 28, 1959 was received from the Planning Commission regarding the use permit application submitted by Leo Blow for a retail building material business located at l210 Railroad Avenue and an application for variance from the fence regulations. This matter was discussed in a joint study session with the Planning Commission on January 26th. The Planning Commission contended that a waiver of the fence regulations may only be granted by means of a variance. Mr-. Parness stated that the im- provement standards contained within the proposed zoning ordinance are not legally effective at this t~e and may only be imposed at the discretion of the Planning Commission and City Council if said' bodies feel they are reasonable standards. It is doubtful that tbe requirement for fencing around the subject property as stated in the proposed zoning ordinance need b~ impDsed, consequently the need for variance from this requirement is unnecessary. Mr-. Parness stated that since the proposed zoning ordinance is not in effect, the Planning Commission plans to adopt the pro- posed zoning ordinance in resolution form so they may be guided by it by reference. On motion of Councilman Shirley, seconded by Councilman i I Medeiros and the unanimous vote of the CounCil, the use permit was granted subject to the recommendations of the Planning Commission with the exception that the fence be omitted on the east and south property lines. ~ ....'~ }l'ffJ!," .. -... "lM l""!'~~ ~ ~~ ti~J''''''''.' >.- ~- ,,'~~~:~-~- .;~~~~~~~' FEB 2 19r,n 351 "' Refund Variance Fee On motion of Councilman Medeiros, seconded by C9uncilman Shirley, the Council voted unanimously to return the variance fee I I I I to Leo W. Blow. Report of Planning Commission Pacific Planning & Research Contractual Services A report dated January 28, 1959 was received from the Plan- ning Commission recommending to the Council the release of Pacific , , Planning and Research upon satisfactorily completing their contract of July 30, 1956 with the City of Livermore. On motion of Counci~an Shirley, seconded by Councilman McClaskey, the Council voted unanimously to certify as to the completion of the planning services offered by Pacific Planning and Research in accordance with the terms of the agreement dated July 30, 1956. Deny Request for Dog Pound Services Mr. Parriess reported that in October, 1957 a request was received from the City of Pleasanton asking that our city give consideration to extending our dog pound services to their community on a cost plus basis. While investigating this matter, Pleasanton asked that their request be postponed for internal reasons. A subsequent request was received in December, 1958 again asking that animal control services be provided for 2 man days per month. This matter was thoroughly investigated by the Police Chief and Poundmaster who have recommended a denial of the request solely - , based upon the present and expanding work load of this department in service to our City. On motion of Councilman Medeiros, seconded by Councilman M~Claskey, and the unanimous vote of the Council, the request of the City of Pleasanton for dog pound services was denied. Purchase Additional Copies of Storm Drainage Report It was reporte~_ that all copies of the Livermore Storm Drainage Report prepared by John A. Mancini have been distributed. 45 additional copies are in the possession of Mr. Mancini and will 352 FEB 2 1959 be made available to the City for $5.00 each. These in turn can be sold for $lO.OO each as has been the case with the original supply. On motion of Councilman McClaskey, seconded by Councilman Shirley, and the unanimous vote of the Council, the eouncil authorized the purchase of 45 copies of this report at an expenditure of $225. Interpretation of Section 2-C, Ord. #382 The Council discussed the interpretation of Section 2-C, Ordinance No. 382 regarding connection fees tor the utilization of our sanitary sewer system. I After a lengtht discussion, it was decided to discuss the matter further at the study session next Monday evening. Appointments to Housing Authority, Park Oommission The Council referred discussion on the appointments to the Housing Authority and Park Commission to a personnel session next Monday evening. Award Gasoline Bid to Tidewater Oil Co. The following resolution was read and introduced by Councilman Medeiros, seconded by CounciWman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Shirley and Pro-tempore Patterson; Noes--none; Absent--Mayor Nordahl. Resolution ~l~ RESOLUTION AWARDING C N T FOR FURNISHING AND' IlEL.lVER~G OF G~QLINE Proposed Contract with JensBB nevelopment Corp. and Lincoln Lumber Co. for Storm ~ainage Facilities The City Manager and City Attorney reported the contract with Jensen Development Corp. and Lincoln Lumber Co. for storm drainage Mayor facilities is still being negotiated. This matter was postponed to February 16, 1959. Accept Agreement & Bonds Tract 1977 - Lincoln Lumber Co. The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: A:yes--Councilmen McClaskey, Medeiros, Shirley and Mayor Pro-tempore Patterson; Noes--nonej Absent-- Mayor Nordahl. Resolutio~16~ RESOLUTION ACCM G . MENT AND BONDS FOR IMPROVEMENT 'ro TRACT 1977 ....., Q ~ ;I;;Ir = B ~.,~' . ,,' ',~ ~ lJ ~,. . f'" , ' . ~ '. ' ;.<<~...-. ~ ~ f . _'r"t" """,__.. .- " -!l 't'" ~ -""'-'" ..... -1",,( ~ , rES 2 19~9 ,') 'P n ~af) r-- I I I I I , Approve Subdivision Map Tract 1977 - Lincoln Lumber Co. (Final Approval Subject to Execution, of Agreement for Storm Drainage) The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: AyeS--Councilmen McClaskey, Medeiros, Shirley and ~yor Pro-tempore Patterson; Noes--none; Absent--Mayor Nordahl. Resolution #17-59 RESOLUTION APPROViNG MAP OF THE SUBDIVISION OF TRACT 1977 . . Accept Grant of Easement from Livermore Sanitarium (Temp cul-de-sac at E extension of Angelica Way, Tct 1910) . The following resolution was read and introduced by Council- man McClaskey, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, . Shirley and Mayor Pro-tempore Pattersonj Noes--nonej Absent-- Mayor Nordahl. Resolution ~8-59 ACCEPT GRANT OF EASEMENT OM LIVERMORE SANITARIUM (Temp..cu1-de-sac at E extension of Angelica Way, Tct 1910) Accept Deed from Sanland, Inc~ - 11 Stub End of Burgundy Way, Tct. 19l0 The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman McClaskey, and by the following called vote was 'passed: Ayes--Councilmen McClaskey, Medeiros, Shirley and Mayor Pro~tempore Patterson; Noes--nonej Absent--Mayor Nordahl. Resolution ~-59 ACCEPT GRANT DEED FROM S ANDJ INCORPORATED (Stl,lb End, of Burgundy WaYJ Tract 1910) , Communications I A communication from the City of Pleasanton with a petition to the State Public Works Board regarding the State college site for Southern Alameda County and requesting all Council members to sign said petition. A copy of the minutes of the Housing Authority for December 16, 1958. ')..... . ila4 FES 2 1959 ~ Q X ~ = Payroll and Claims Sixty-one payroll claims and twenty-six claims amounting to a total of $13,269.43 were audited by the City Manager and on motion of Councilman Shirley, seconded by Councilman McClas:ke y, and by the following called vote was passed: Ayes--Counc1lmen McClaskey, Medeiros, Shirley and Mayor Pro-tempore Patterson; NoeS-ROnej 8,',',' ~ Absent--Mayor Nordahl. Complaint8 on Garbage Fees Mayor Pro-tempore Patterson stated there has been many complaints about exorbitant prices the merchants are charged for garbage pickup. Mr. Patterson commented that the proposal submitted by the present garbage contractor presented the best equity to all parties concerned. Mr. Figone of the Livermore Disposal Service was present at the meeting stating that he has had seven complaints and has contacted each person. Mr. Figone has agreed to cut-the-bill in half and have the merchant keep track of the amount picked up each month. This arrangement was agreeable to all but two parties. Mayor Pro-tempore Patterson commented in no case does it seem they are charging anyone more than they should. The merchant should compact his garbage to reduce his bill. Mr. Figone seems to be complying with the regulations of the ordinance. ~ ~ , Recess On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the meeting recessed at 9:55 P. M. to me&t Monday evening, February l6, 1959 at 8 olclock P. M~ APPROVED:4 ~ D,I-{ ~,J--f A'l'TEST:~", 2LA. ; . Mayor y e~ . . , . , """ . . . . , , , Livermore, California FEB 1 6 1959 . ..,oc" .,; ,a ,iI.~"1i.. p-~"._iM .,. ,.~= . '#-lllll>" ' ...?;I, , ,....' ~WIIl<"~'11"" , , '" ' .. :.:t~;.:t ,lit; ,:E..,Y"lll.-.", '~~I ;;'",''01. fl. .." FEB 1 6 ~~~~ 355 Adjourned Regular Meeting, February 16, 1959 An adjourned regular meeting of the City Council was held on Monday evening, February 16, 1959 in the Library of the Livermore Union High School. The meeting was called to order at 8:04 P. M. Roll Call: Present--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Absent--none. Minutes On motion of Councilman'Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the minutes of the regular meeting of February 2, 1959 were approved as mailed. Public Hearing - Rezoning Application I. Schuman - Professional Office Building Notice having been published for a public hearing on the application for rezoning submitted by I. Schuman to zone from Zone R-l to Zone C-l the ~outheast corner of W. 4th and So. K Streets to accommodate a p~ofessional office building, the hearing is now open. The City Clerk reported no written protests were filed and I I upon invitation by the Mayor for protestants to speak, it was determined that there were no oral protests. On motion of Councilman Medeirqs, seconded by Councilman Patterson, and the un~imous vote of the Council, the public hearing was closed. The City Attorney was instructed to prepare the proper ordinance rezoning this prop'erty. Reports On motion of Councilman Patterson, seconded by Cou~cilman Shirley, and the unanimous vote of the Council, the report of the POlice, Pound and Fire Departments for the month of January 1959 ani the annual report of the Fire Department for the y~ar 1958 were accepted and ordered filed. Resume of Planning Commission Meeting .- I A report was received from the Planning Commission containing a resume of the ~lanning Commission's meeting of February 10, 1959 for the Council's review. No action was taken. 356 FES 1 6 1959 ~ Q >< a;., = Report on Use Permit Application Submitted by Rose Nowling to Co. Planning Commission Mr. Parness reported regarding the application for a use permit submitted by Rose Nowling to the County Planning Commission. Mrs. Nowling has appealed the denial of the County Planning Com- ~ssion on her application to locate a junk yard at the westerly end of Palm Avenue to the Board of Supervisors. A public hearing will be held by the County at 2:30 P. M. on February 24, 1959. a . .. Mr. Parness recommended that a motion be adopted formally stating the Council's view on this matter for transmission to the Board of Supervisors at their hearing. '!be matter was discussed by the Council as to who has jurisdiction over this area, the City or the County; it was determined that this property is not in the City as yet and is therefore under the jurisdiction of the County. Action on the -matter was postponed to Thursday, February 19, 1959. Report from City Attorney Re Use Permits A copy of a report to the Planning Commission from the City Attorney submitting a written legal opinion as to the effect and application of Ordinances Nos. 19l, 348, 390 and 391 and the pro- posed zoning ordinance concerning use permits. This opinion is submitted to the Council for their information, a copy of which is on file in the office of the City Glerk. Solicit Proposals for Private Audit Mr. Parness reported that informal proposals should now be solicited for an independent audit of our City's financial status for the 1958-59 fiscal year. New specifications have been drafted ~.' EI for this purpose. On motion of Councilman patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the City Manager waa instructed to solicit informal proposals for this service and submit the recommended firm for 'Council acceptance. r;I [] I I I __,.':":':"~.."t._~~![I,..rJ_M..l.i';~.:.r,'~.~_~ FE8 1 6 1c::;g 357 Report Re Citizens Advisory Parking Committee Chamber of Commerce President Earl Odell reported to the -- - Council regarding the formation of the Citizens Advisory Parking Committee. Eight members, consisting of merchants and property owners, have been chosen to serve on this committee: John Regan Gene Koenig Dan Dutro Sig Henne R. A. Centoni Dale'O. Cook Anthony Scott J. M. Baughman They will work togeth~r to determine what is needed in off-street parking for our central business district and recommend to the City Council. Mr. Odell commented if the Council wishes to present names to be added to this committee, -it would be appreciated. Mr. Parness stated the staff stands ready to serve with this committee and assist in any way. Zoning Classification for Industrial Annex A term of the, con,tract negotiLated with Southern Pacific Co. and Standard Realty and Development Co. requires that the City initiate rezoning proceedings for the industrial annex immediately upon c9mpletion of annexation. The contract requires that this area pe zoned for heavy industry (M-3). On motion of Councilman Patterson, seconded by Councilman . Medeiros, and the unanimous vote of the Council, the Planning Commission wifl be requested to initiate rezoning of this area for h~avy industry (M-3) zone classification. Applications for Exempt Solicitors Permits Granted Applications for solicitors exempt license to solicit in the City 9f Livermore as outlined in Ordinance No. 373 were submitted by: Livermore Aerie No. 609, Fraternal Order of Eagles to conduct their annual Spring Carnival American Cancer Society to solicit funds for research, education and service on cancer. On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the Council approved the applications and authorized the issuance of exempt fre licenses. i:>5B fEB 1 6 1959 ,... Q :>< > '=' Approve Surety Bonds Submitted by Livermore Disposal Service The ~ollowing resolution was read and introduced by CounciL- man Shirley, seconded by Councilman Medeiros, and by the ~ollowing called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution ~O-~ RESOLUTION APPROVING .tus. BOND FOR FAITHFUL PERFO~CE OF', COIll'RACT' (Livermore .D:1,spoQal, Service) ~ , - " Accept Collateral in Lieu of Bond (DePaoli Equipment Co.) The ~ollowing resolution was read and introduced by Council- man Patterson, seconded by Councilman Shirley, and by the ~ollowing called.vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and'Mayor Nordahl; Noes--none; Absent--none. Resolution 121-59 RESOLUTION ACCEP'!tNG COLLATERAL IN LIEU OF BOND tDePaoli Equipment, Co. ) Accept Agreement tor Storm Drain Facilities & Creation o~ Benefit Dist.'-Jensen Dev. Co. & Lincoln Lumber Co. The following resolution was read and introduced by Council~ man Patterson, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and'Mayor Nordahl; Noes--none; Absent--rione. Resolution 2- 9 RESOLUTION G T IDR CONS~CTION OF sromL DRAIN FACILITIES' &' CREATION OF A BENEFIT DISTRICm 7 - ., ~ . - . . ,. ill..'., u 'Acc~pt'subdiviS16n'Agre~~ent&'BondS' , Tract 1983 - Jensen Development Corp. The following resolution was read, and introduced by Council- man Medeiros, seconded by Councilman McClaskey, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and. Mayor Nordahl; Noes--none; Absent--none. Resolution ~ RESOLUTION ACWSl"J.'"J..NU, T. AND BONDS ,FOR IMPRQVEMEN':rS' ro TRACT 1983 . . Approve Subdiv1sionMap Tract 1983 - Jensen Development Corp. The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman McClaskey, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, o t] Patterson, Shirley and'Mayor Nordahl; Noes--none; Absent--none. Resolution ~4-59 RESOLUTION APl'ROVIN ~ MAP OF THE SUBDIVISION' OF TRACT 1983 -:4'~ ... ", 'If' ... ,. " ~ <.fl ' ~ " '..~'" '.......' '''*'' .1I~<'" r ,1l!i"l'~',~'! I' .. ,'~~ " ~.. _ '\<~'.J...1.~- ;~~ """0 rES 1 6 1Cl~q 359 Proposed Agreement with ,Sunset Development Co. Re Sanitary Sewer System At a study session of the City Council on February 9, 1959 informal approval was extended by the City Council to the proposal , , i of the Sunset Development Co. for a sanitary sewer system to serve Tracts No. 1942 and 1993 in addition to the balance of the proposed Granada Village improvement which consists of a 1x>tal of 442 acres. This contract requires the subdivider to install a sewer line of greater capacity than would be required to serve the two sub- divisions in question, together with additional capacity to serve I developable land throughout the same sector of this tract. The first portion of the excess capacity in this system shall be financed by the subdivider with reimbursement provided based upon a benefit district formation from the remaining 442 acres over a 15 year term until the excess costs have been returned to the 1 developer. The additionU capacity required by the City shall be financed by the City since this line is one of those designed as a major trunk facility on our master sewer plan. Since the City contribution to this project will exceed the $200 maximum limit for public works projects, which will necessitate formal sealed proposals, it is suggested that the City not contribute any dollar contribution to this improvement but rather extend an equal amount of credit to the developer in annexation fees. This will permit construction bids to be solicited by the developer at an early date which will prove expedient and economical to both parties. At lease three bids will be received, which will be subject to review and approval of the City before award. The City Attorney has concurred in the legality of this provision. City Attorney Callaghan reported that the present ordinance limita the tim~ for recovery under the benefit district to be 10 ye~rs instead of 15. The contract will be ready for execution at the next meeting also the City Attorney will prepare an amendment to Ordinance No. 308, setting the time limit for recovery at 15 year~. 300 FEB 1 6 1959 Mr". Masud Mehran, developer of the tract, requested that the intentions of the Council be formally expressed so that they may continue with their work. On motion of Councilman Patterson, seconded by Councilman Shirley, and the unanimous vote of the Council, the Council agreed, after discussion at a study session, that a policy decision re- garding sanitary sewer installation be as follows: Mr. Mehran of Sunset Development Co. be required to pay for complete installation of 8" sanitary sewer lines for approximat~ly 50001 to serve Tracts 1942'and 1963. However, for 2500' the additional l2l1 size required to serve 442 of the 500 acres in question would be allocated to a benefit dist:rict consisting of 442 acres and excepting Tracts 1942 and 1963. The City will pay for a further increase in size consisting of 21ft line over 25001 and a 15" line over the remaining 25001. . The maximum size line will be financed by Mr. Mehran and upon further motion b1 Councilman Shirley, seconded by Councilman McClaskey, and the unanimous vote of the Council, it was decided that the City's contribution to this project be financed by extending an equal amount of credit to the developer in annexation fees. Ap~ointments to Housing Authority & Park Commission Appointments to the Housing Authority and Park Commission were postponed to the meeting of February 19, 1959. Report from Chamber Aviation Committee A communication dated February 5, 1959 was received from the Livermore Chamber of Commerce submitting to the Council a copy of the report of the Livermore Chamber of Commerce Aviation Committee, a copy of which is on file in the City Clerk's office. Members of the committee were present to answer any questions of the Council. After some discussion between the Council and members of the Aviation Committee, the Council stated they will take the report under advisemenu. .... Q :>< ~ = ~." ~.;I,:.' .,1 . t;J B ~ i ".... ..., .... a ~ , ,:,_ . FEB 1 6 1959 36] -- , Proposed Ordinance Amending Ordinance #348 Use Permit Review An interim emergency ordinance amending Ordinance No. 348, use permit review, was read and introduced for adoption by Council- man patter$Xland seconded by Councilman Shirley. The motion received the following vote: Ayes--Councilmen Patterson, Shirley and Mayor Nordahl; Noes--Councilmen McClaskey and Medeiros; Absent-- none. This motion to adopt the ordinance by emergency measure failed as it would require a 4/5 vote of the Council. On motion of Councilman Patterson, seconded by Councilman . Shirley, and by the following called vote, the ordinance was ordered filed: Ayes--Councilmen Patterson, Shirley and Mayor Nordahl; Noes-- Councilmen McClaskey and Medeiros; Absent--none. Proposed Ordinance Zoning All Areas Annexed to City to Zone R-l A proposed or-dinance zoning all areas annexed to the City to Zone R-l until such time as hearings are held and other zone classi- fications are assigned to said areas was given a first reading and on motion of Councilman Shirley, seconded by Councilman Patterson, and by the following called vote was ordered filed: Ayes--Council- men McClaskey, Medeiros, P~ttersQn, Shirley and Mayor Nordahlj Noes--nonej Absent--none. Proposed Ordinance Amending Ordinance No. 382 Sewer Connection Fees A proposed ordinance amending Ordinance No. 382 by amending Subdivisions b and c of Section 2 thereof was given a first reading and on motion of Councilman Patterson, seconded by Councilman Shirley, and by the following called vote was ordered filed: Aye~- Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--none; Absent--none. Entrance Sign~ No. L St. & Liv. Blvd. A communication dated February 9, 1959 was received from Bert Maze, Livermore Chamber of Connnerce, regarding the sign at the intersection of No. L and Livermore Blvd. On motion of Councilman Shirley, seconded by Councilman ,~62 'J FEB 1 6 1959 Patterson, and the unan~ous vote of the Council, the City Manager was instructed to see that the sign is torn down with as little expense to the City as possible. Resignation from Library Board - Colgate A communication dated February 1, 1959 was received from Mri. Rosemary Colgate submitting her resignation from the Library Board; and also a communication from ~. Gerald Johnson regarding said resignation. Award Presented to Police Department A communication dated January 28, 1959 was received from the National Police Officers AssOciation of America containing notification that the Livermore Police Department has been awarded the Walker Safety Award. payroll and Claims ,Seventy-seven,payroll claims and thirty-nine claims amount- ing to a total of $22,526.65 were audited by the City Manager and on motion of Councilman Patterson, seconded by Councilman Medeiros, and by the following called vote, were approved as presented: Ayes--C6uncilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. ' Matters Initiated by Councilmen Councilman'McClaskey reported on his tour around the city with Chief Michelis, and recommended that for the safety and welfare of the people, it be suggested to the High School that their parking lot be better lighted. Request County Board of Supervisors to Annex to the City Noncontiguous Real Property (Sewage Treatment Plant Site) The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--none; Absent--none. .~".. .Y~' tit .., ,.. "!!! 'iI... j;j: ~.., 1'" \p:It~'rf~'_'~i'"'Il1 ~ ." .. '. ~ I t ~ - ... -... J I.. l~, ~ o >< :;a;. = ~. ~'..". .' .:,' rd...:'.'... rill "' "': ".:,;" ,.'~ '" .;ii.. .-1'iMi!~':'.(l.,,' FEB 1 6 1959 368 - I , Resolution ~5-59 RESOLUTION PETITIONING THE ARD OF SUPERVISORS OF THE COUNTY OF ALAMEDA TO. CAUSE NONCONTIGUOUS REAL PROPERTY. OWNED BY THE CITY OF LIVERMORE ~D. LOCATED IN ,THE. COUN:TY .OF ALAMEDA. TO BE, ANNEXED. TO '!'HE CITY_ OF LIVERMORE PURSUANT TO THE PROVIS;rONS OF SECTION 35201.5 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA Attend City Manager's Conference The Council authorized the City Manager1s attendance at the City Manager1s Annual Conference to be held in San Mateo February 19 and 20, 1959. Recess On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the meeting recessed at 10:25 P. M. to meet Thursda~ evening, February 19, 1959 at 8 olclock P. M. at the City Hall, 106 E. First Street. APPROVED:*~ D 71 ~A~ST~~;;~L . yor y er l.. Livermore, California MAR 2 1959 . **~*~*~*~*~*~*~~*~*~*~*~*~*~*~** 3 64fEB 1 S 1959 ... ~ ;. = Adjourned Regular Meeting, February 19, 1959 An adjourned regular meeting of'the City Council was held on Thursday evening, February 19, 1959 at the City Hall, l06 E. First Street. The meeting was called to order at 8:00 P. M. Roll Call: Present-Counc~lmen McClaskey, Medeiros, Patterson and Mayor Nordahlj Absent--Councilman Shirley. 1 Appointment to Library Board (DeWhurst) , The following resolution was read and introduced by Council- man Patterson, seconded by Councilman McClaskey, and by the following called vote was passed: Ayes--Councilmen McClas~, Medeiros, Patterson and Mayor Nordahlj Noes--none; Absent--Councilman Shirley. Resolution ~6-59 RESOLUTION APPOINTING '.. IBRlRY BOARD MEMBER - :ROBERT E.. DEWHURST Re-appointment to Library Boa~d (Johnson) The following resolution was read and introduced by Council- man McClaskey, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson and Mayor Nordahl; Noes--none; Absent--Councilman Shirley. . Resolution ~7-59 ' RESOLUTION RE-APPOIN NG LIBRARY BOARD MEMBER ~ G~D'JOHNSON o D ~ ... . . Emergency Ordinance Re Amendment to Ord. #382 Relating to. Refund of Monies An ordinance amending Ordinance No. 382 relating to refund of monies was read and on motion of Councilman Shirley, seconded by Councilman Medeiros, and by the following called vote was passed and Adopted: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--nonej Absent--none. ORDINANCE NO. 404 AN URGENCY ORDINANCE AMENDING ORDINANCE NO. 382 ENTITLED, rtAN ORDINANCE .OF THE CITY .OF LIVERMORE ESTABLISHING CONNECTION CHARGES, FOR THE PRIVILEGE OF CONNECTING TO THE SANITARY SEWER SYSTEM OF THE CITY 'OF LI.VERMOREj PROvIDING FOR CONTRACTS BETWEEN THE CITY AND, PROPERTY DEVELOPERS ,IN RELATION TO SANITARY SEWERS AND REPEALING QR])INANCE; NOS. 236 ,AND 332 OF THE CI~ OF LI'\lERMORErt, BY.AMENDING SECTION 9.THEREOF AND REPEALING SECTION ,11 THEREOF B Councilman Shirley was seated during the reading of the above ordinance. .._tf~ ,r1ll\! "..,' '~ lJ'i'!:'.' M~'" ,. t ,.. .tr t;" ,r.~f"." I "'...~...,'......t' ~1 ~ . I ~ ,".. ,~ I ... ......'p.o.r.. r:'J:B 1 ~ 1q~9 ~6!) Proposed Ordinance Amending Ordinance #191 Ie Schuman - Professional Office Bldg. A proposed ordinance amending Ordinance No. 191 was given a first reading and on motion of Councilman McClaskey, seconded by Councilman Patterson, and by the following called vote was ordered filed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Appointment to Housing Authority (Owren) The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman patterson,'and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--nonej Absent--none. Resolution ~28-59 RESOLUTION APPOIN'l'JlNG OUSING AUTHORITY MEMBER - HARVEY M. OWREN A motion by Councilman Patterson to re-appoint Robert Becker . to the Housing Authority did not receive a second and, th~refore the motion died. It was decided to pos.tpone this appointment until the meeting of March 2, 1959. Application for Zoning-Use Permit to County Planning Commission (Nowling) At this time the Council discussed the application for a zoning-use permit to operate a junk yard at the end of Palm Avenue, in the County of Alameda, which application has been denied by the County Planning Commission and is now set for appeal to the Board of Supervisors and will be heard by the board on February 24, 1959. The Council read a report from the planning staff of the Problems as Related to the Livermore area, Junk Yards and Auto Wrecking Yards and also discussed with Mrs. Nowling her plans for the site, including the building proposed to be built, the setback lines, parking and fencing. Also mentioned was a report to be submitted to the County Planning Commission on open land uses and the City Council felt that they would prefer to stUdy this report before making any recommendation or request to the Board of Super- visors. On motion of Councilman Medeiros, seconded by Councilman Shirley, the Council voted unanimously to wait for said report and formulate a policy after reading and studying the above report. 366 FES 1 9 1959 Further on motion of Councilman Shirley, seconded by Council- man Medeiros, the Council voted unanimously to request the Board of Supervisors to postpone its hearing on Mrs. Nowling's application for two weeks, and also suggest that the applicant, through her attorney, also request a postponement of two weeks. Request to Study Recreation District Councilman Patterson reported on a meeting with rural interests in the area on a method of making an eventual City Recreation program closer to a reality. On motion of Councilman Patterson, s~conded Qr Councilman Shirley, the Council voted unanimously to study this matter at the earliest study session possible. Adjourn On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the meeting adjourned at 10:00 P. M. APPROVED: ~ ATTEST: Livermore, California MAR 2 1959 . **$*$*$*$*$*$*$*$*$*$*$*$*$** .....-..-.. -. -. -............., -. -............. -,. -.-- , . ,.... o X ~ = f1 l:j p,..'.... ~ B...,'...l. t;J ,,,,,..,,....... ,v. ,ji~"\6i. Itl" I'" *".. j ..'~ . ~ -- , '!fi' ...... f' ~ .1. ......~j~.' v' ... "i1 d'.~.,l.~. 'li.il&c'.,., e':Ai:__iL),lt,,!l;N:.~lo!!'" ~, .. MAR 2 1959 367 Regular Meeting, March 2, 1959 A regular meeting of, the City Council was held on Monday evening, March 2, 1959 in the Library of the Livermore Union High School. The meeting was called to order at 8:03 P. M. :--"1 Roll Call:. Present--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Absent--none. Minutes (2) On motion of Councilman Patterson, seconded by Councilman Shirley, and the unanimous vote of the Council, the minutes of the adjourned regular meetings of February 16 and 19, 1959 were approved as mailed. Bids for Construction of Industrial Sewer , This being the time and place as set for opening of bids for the construction of an industrial sewer for the City of Livermore, on motion of Councilman McClaskey, seconded by Councilman Medeiros, and the unanimous vote of the Council, the acceptance of bids was closed. Bids were received from the following firms: 1. stockton Construction Co., Inc. 2. McGuire & Hester 3. Vincent Rodrigues 4. R. Goold & Son 5. San Leandro Pipe Line Inc. 6. John H. McCosker, Inc. 7. Valley Engineers, Inc. 8. A. J. Peters & Son, Inc. 9. P & E Constru9tion Co. 10. Galbraith Construction Co. 11. Peerless Concrete Pipe Co. 12. Granite Construction Co. 13. Krzich & Ramos r On.motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, the bids were submitted to the Director of Public Wor~s for analysis and review. Report of Planning Commission Re Rence Regulations A communication dated February 24, 1959 was received from the Planning Commission with a request regarding fence regulations for City Council study on the proposed zoning ordinance. On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vot~ of the Council, this communication was referred to a study session. ucu uUO MAR 2 1959 ~ Q >< a::- = Report of Planning. Commission Re Request Submitted to Co. Planning Commission Re Rezoning Application of Charles G. Nissen A report dated February 26, 1959 was received from the Planning Commission regarding a request submitted to the County Planning Commission regarding an application filed by C. G. Nissen to rezone property adjacent to the City's industrial annexation for heavy industry. The hearing to be held March ll, 1959. The Planning ii'...'..'.'. .. ., Commission recommended to the Council that the zoning of said area is proper, but that, before receiving any permanent service from the City, annexation will be required. On motion of Councilman Patterson, seconded by Cou~cilman Medeiros, the Council recommended that the application be approved. Report of Planning Commission Variance Application - A. Maniz A report dated February 26, 1959 was received from the Planning Commission recommending the granting of the application for variance from side yard regulations submitted by A. Maniz to construct a garage on property line on a lot on the East side of South L Street near W. 7th Street. On motion of Councilman Shirley, seconded by Councilman McClaskey, and the unanimous vote of the Council, the variance was I granted. Report of Planning Commission Variance Application - I. Schuman A report dated February.26, 1959 was received from the Planning Commission recommending the granting of the applieation for variance from the parking requirements submitted by I. Schuman for a proposed development to be constructed on Second Street between South L and South M Streets. The Commission recommended th1s variance for reasons as outlined in a statement by Commissioner Kuenning, a copyof which is on file in the office of the City Clerk. The City Manager recommended that this variance be granted subject to the aondition that the applicant participate in the establishment of an off-street parking assessment district if one is formed within a period of 5 years. If this does not occur, then I . '""'.',.,, , .'.. l:I;; . ' -"'*"1"- ~~iljliit1." ' '. "," ;-<.... ,". ~.... Ai^ '4.~.~"il<b .'<!' MAR 2 1959 369 ,-.. 1 I I , I I this stipulation shall be erased from the variance grant. The Council then discussed the matter at length and on motion of Councilman Medeiros, seconded by Councilman McClaskey, and by the following called vote, the recommendation of the Planning Commission was accepted and the variance granted: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes-- . none; Absent--none. Report of Planning Commission Rezoning Application - E. K. . Koht A report dated February 26, 1959 was received from the Planning Commission recommending the denial of the application for rezoning submitted by.E. K. Koht on property north of the Vila Gulf Rousing Authority propevty and accessable by an extension of Rose Street, because of the lack of conformance to the General Plan. This matter was set for public hearing before the Council on March 16, 1959. ~ Resume of Planning Commission Meeting A report was received from the Planning Commission containing a resume of the Planning Commission1s action on use permit applica~~ at their meeting of February 24, 1959. No action was taken. Authorize Issuance of Building Permit to Armco Drainage & Metal Products Inc. Mr. Parness reported that a use permit has been granted the Armco Drainage & Metal Products, Inc. for construction of an industrial plant in our newly annexed area. A technical defect involving the issuance of a building permit which ordinarily cannot be granted until the property is properly zoned has arisen. The rezoning is now'under way and the hearings have been scheduled by the Pl~ing Commission. Since ~t is a contractual obligation on the part of the City to rezone this to industrial usage, it would impose an undue delay on the applicant to await completion of this - i procedure before issuance of a building permit. On motion of Counc~lman Medeiros, seconded by Councilman McClaSkey, and the unanimous vote of the Council, the Building Department was instructed to issue a building permit to Armco 370 MAR 2 1959 Drainage &.Metal Products, Inc. Report of Planning Commission Tentative Map of Tract 2022 - Nojet Co. A communication dated February 26, 1959 was received from the Planning Commission recommending acceptance of the tentative map of Tract 2022 submitted by Nojet Co. lying north of Pacific and South Livermore Avenues, south of East Avenue, and east of School st., in the City of Livermore, subject to the recommendations of the Director of Public Works. (A,copy of which is on file in the office . of the City Clerk.) . The Council then discussed this tentative map and were concerned regarding the lot treatment along East Avenwe. The Planning Commission granted approval to this design subject to the installation of a 61 high.solid block masonry wall, with the interim distance between curb face and wall face to be surfaced with asphaltic concrete. Street trees would be located within this region. . The Council objected to this wall and felt that the houses should face East Avenue and it would be most desirable to have a service road with proper ingress and egress, although this would probably be unfair to the developer as no other subdivision in this area has been required to install such a service road. The Council also objected to the lot sizes in this proposed tract. On motion of Councilman Shirley, seconded by Councilman McClaskey, and by the following called vote, the Council rejected the tentative map and recommended that a conference be held to study the problem: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Report of Planning Commission - Deny Request to Reduce Lot Sizes in Tct. l821-Intra Pacific Bldrs. A communication dated February 26, 1959 was received from the Planning Commission recommending denial of the request of Intra Pacific Builders to reduce the size of Lots 4, 5, 6, 7, 8, 9 and 10 in Tract 1821 to a width of fifty feet. Don Bissell, Director of Public Works, reported that a subdivision adjacent to Tract 1821 will be coming before the -.., ,- ''Ja - , - ""..''t. .~ r . . . ,.., ~,.!llI; s " ;, "1!: " '. ' -,,,. ...''''''. , - ~.. ",.' "l~"~; .' ~ ~'. ~ ~ > = fi.: tj f3 U o B ,,,. ....,.J,....~, MAR 2 1959 371 Ii ! i Planning Commission, which proposed tract has an average lot size of 5000 sq. ft. and ties in with this plan for reduced lot sizes. Mr. D. Carlson, of George Nolte, Civil Engineer's Office, presented a map revising the sizes of the lots to 601 frontage and explained their building program for the overall ~ea. He stated I the developer is very anxious to go ahead with the building of model homes. The Council recommended that the developer apply for building permits on Lots 1 and 2 for their model ,homes and submit a Record of Survey on the balance of the lots together with the proposed tract to the rear. City Attorney Callaghan also suggested that a fire hydrant be installed and paving completed in Tract 1821 so that the improve- ments can be accepted. Designate Name of Old City Hall Building On motion p~ Councilm~n Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the old City Hall building was designated as the "Hall of Justice". Appeal Decision of Planning Commission Use Permit Application - Bal Electric Co. An application for a use permit, to establish an appliance sale~ and service store at the PX shopping center was submitted by Robert E. Eckert, Bal Electric Inc. to the Planning Commission on February 10, 1959, and upon denial of the application by the Planning Commission, the applicant has elected to submit the matter for Council review. Copies of the appeal and Planning Committee recom- mendations are on file in the City Clerk's office. The Council discussed the application and on motion of Councilman Shirley, seconded by Councilman Patterson, and by the following called vote, the use permit was granted: Ayes--Councilmen Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--Councilman McClaskeYj Absent--none. 37'2 MAR 2 1959 ~ Q :>< > = Grant Applications for Exempt Solicitors License and Exempt Business License Application for exempt solicitors license and exempt business , license as outlined in Ordinance No. 373 were submitted by: I United Cerebral Palsy Association of Alameda County to solicit funds. Valley Memorial Hospital Womans' Auxiliary to operate a thrift shop to raise funds for the work of the auxiliary in benefiting the hospital On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the Council approved the applications and authorized the issuance of exempt fee licenses. Appointment to Housing Authority (BurCh) The following resolution was read and introduced by Councilmen Medeiros, seconded by Councilman McClaskey, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, ~ rJJ Patterson, Shirley and Mayor Nordahl; Noes--nonej Absent--none. Resolution ~9-59 RESOLUT~ON APPOIN NG JrOUSING AUTHORITY , MEMBER _ BERNARD O. BURCH, M.D. Convey Personal Property to Livermore Area Park & Recreation District The following resolution was read and introduced by Councilman (11.. '.' [I Patterson, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--nonej Absent--none. Resolution i3~9 RESOLUTION AUT.HORIZ~NG ANDnb CTING THE EXECUTION AND DELIVERY OF A, CONVEYANCE OF _PERSONAL PROPERTY TO LIVERMORE AREA PARK RECREATION AND PARKwPry'n:l:STRICT OF AL.AMEDA COPNTY, STATE OF G~I~RNIA", ., '.. .". , Authorize Execution of Agreement with County of Alameda Preparation of Assessment Roll & Tax Bill-s The following resolution was read and introduced by Councilman Medeiros, seconded by Councilman McClaskey, and by the follow~ng called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution g3l-!9 A RESOtUTION AUTH BIZ NG THE SIGNING OF AN AGREEMEN'l;' II,.,'.' . Authorize Execution of Contract with Sunset Dev. Co. Re Sanitary Sewer The following resolution was read and introduced by Councilman Shirley, seconded by Councilman Patterson, and by the following -,-" ._:~' ~ ~. .......,. ~ ..... ~ J" . ~"" ......... -+" # ., ,. ~~i .f~-~-.-J'---~ .::.. 'I r -f ,''l,' l" itI .. 'flI- 'I! ,,.:.,,, MAR 2 1959 373 I: called vote was passed: Ayes~-Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--none; Absent--none. Resolutio~32-59 RESOLUTION APPROVING CON CT WITH SUNSET DEVELOPMENT COMPANY # a corporation, RELATING TO THE CONSTRUCTION OF SANITARY SEWER TRUNK LINE,FACILITIESAND BENEFIT DISTRICT Urge State to Adopt South Bay Aqueduct Project ., The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman McClaskey, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. . Resolution ~-59 RESOLUTION CONFItMrnG ACTIVE INTEREST OF THE CITY OF LIVERMORE IN THE SOUTH BAY AQUEDUCT PROJECT AND URGING ITS EXECUTION Adopt Ordinance No. 405 Amending Ord. #392 Re Use Permit Review On motion of Councilman Patterson, seconded by Councilman Shirley, and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman Patterson, seconded by Councilman Shirley, and by the following called vote, the ordinance amending Ordinance No. 392 regarding use permit review was passed and adopted: Ayes--Councilmen Patterson, Shirley, and Mayor Nordahlj Noes-- Councilmen McClaskey and Medeiros; Absent--none. ORDINANCE NO. 405 AN ORDINANCE AMENDING INTERIM EMERGENCY ORDINANCE NO. 392 OF THE CITY OF LIVERmRE, BY AMENDING SUBDIVISION b .OF SECTION 1 THEREOF. . , Adopt Ordinance #406 Zoning All Areas Annexed to City to Zone R-l On motion of Councilman Patterson, seconded by Councilman Shirley, and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman Patterson, seconded by Councilman Shirley, and by the following called vote, the ordinance zoning all areas annexed to the City to Zone R-l was passed and adopted: Ayes-- Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--nonej Absent--none. 374 MAR 2 1959 ORDINANCE NO. 406 AN ORDINANCE AMENDING, ORDINANCE NO. 191 ENTITLED rtAM QRDINAlfGE ~~OVIDINQ' FOR THE CREATION WITHIN, THE INCORPORA'lED AREA OF ,.THE ,CITY OF, LIVERMORE OF CERTA:tN ..t6~ AND IN.THE, SEVERAL ~ZONES'TriERE.t3Y CREA~ DEsQRIl?IN<JTHE CLASSES.O~ Bun,ni~G$~" S'l'IWCTUBES ' ;{lND,'. IMPROVEMENTS; REGULATING j~STRICTING AND ~EG~ATING 'l'fm: r,oCATION OF DWELLINGS" ' AP ART- MENTS, TRADES, BUSINESSES" AND INI?USTRIES AND 0'I'HEn. SPE;CIP:tED U~ES; aEQULATING ANl),LIf.qTING '!HE HEIGHT ANI> BULK OF BUILDINGS, AND STllUCTUBES AND THE AREA OF BUILDING SITES COVEBED. ~jjY AND < PRQVIDING FOR BUILDING, AND USE PERMITS;'.' DEFINING THE TERMS USED, HEBEIN; PROVIDING FOR THE ..ENFORCE- MENT, ANPAl4ENDMEN'r OF SAID ORDINANCE; ,PROVIDING PE,NAL~ PENAL.TIES FOR- ITS VIOLATION" . rtBY . AMENDING PARAGRAPH ONE OF, SECTION. THREE. '!HEREOF AND BY ADDING A NEW SECTION THERE'ro, TO BE KNOWN AS PARAGRAPH I-a, OF SEC~ON,~. Adopt Ordinance #407 Amending Ord. :/1382 Re Sewer Connection Fees On motion of Councilman McClaSkey,. seconded by Councilman Patterson, and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman Shirley, seconded by Councilman . Medeiros, and by the following called 'vote, the ordinance amending Ordinance No. 382 by amending Subdivisions b and c of Section 2 thereof was passed and adopted: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--nonej Absent--none. . " ORDINANCE NO. 407 AN ORDINANCE AMENDING ORDINANCE NO. 382 ENTITLED, n AN ORDINANCE OF THE. CITY, OF LIVERMORE ESTABLISHING CONNECTION CHARGES, FOR, THE PRIVILEGE OF CONNECTING 'ro THE, SANITARY SEWER SYSTEM OF, 'THE CI'rY OF LIVERMORE j PROviDING FOR. CONTRACTS BETWEEN THE' CITY - AND~ PROPERTY DEVELOPERS IN RELATION To SANITARY 'SEWERS' AND REPEALING ORDINANCE NOS. 236, AND 332 OF. THE CI~ Oli' LIVERMQRE!t" BY.AMENDING SUBDIVISIONS b AND c OF,SECTION 2 THERE. OF. , .. - - ,... ~ . Adopt 'Ordinan~e #408 Amendi~g Ord. #19i I. Schuman - W. 4th & So. K Sts. On motion of Councilman Medeiros, seconded by Councilman Patterson, and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman Patterson, seconded by Councilman McClaSkey, and by the following called vote, the ordinance amending Ordinance No. 191 was passed and adopted: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--nonej Absent-- none. .#.... ' .... Q X > = g....'.' '. :~~. i ! lilt -il' ,', _'..... MAR 2 1959 37,5 II I I ORDINANCE NO. 408 AN ORDINANCE AMENDING ORDINANCE NO. 19l ENTITLED -"-AN ORDINANCE PROVIDING FOR THE CREATION WITHIN, THE INCORPOI:U~~ AREA OF ,THE, CITY' OF LIVlmMORE OF CERTA~ ZONES AND IN ,THE SEVERAL ,ZONES ,THEREBY CREATED DESQRIBING THE CLASSES OF BUILDINGS, STRUCTDRES AND, IMPROVEMENTS;. REGULATING, RESTRICT- ING AND SEGREGATING THE LOCATION OF DWELLINGS, APARTMENTS, TRADES, BUSINESSES, AND IN.DUSTRIES AND OTHER SPECIFIED USESj REGULATING. AND LIMITING THE HEIGHT AND BULK OF BUILDINGS AND STRUCTURES AND THE AREA OF BUILDING SITES COVERED, THEREBY AND PROVIDING FOR BUILDING AND USE PERMITS j DEFINING THE TERMS USED HEREIN j PROVIDING FOR THE ENFORCEMENT AND AMENDMENT OF SAID ,ORDINANCEj PROVIDING PENALTIES FOR ITS VIOLATION, If.BY AMENDING PARAGRAPH THREE OF SECTION THREE THEREQF.. . . Report on Citizens Advisory Parking Committee A communication dated February, 20, 1959 was received from John F. Regan, Chairman of the Citizens Advisory Group regarding parking study with a report of activity and an invitation to all meetings. I I ! Minutes of Housing Authority Meeting From the Housing Authority, a copy of the minutes of their regular meeting of January 20, 1959. Notice from Board of Supervisors of Postponed Hearing on Application of Rose Nowling Junk Yard East of City Notice was received from the Board of Supervisors that the hearing has been postponed on the application of Rose Nowling to locate a junk yard in our City1s eastern area until March 12, 1959 at 10 olclock a.m. On Tuesday, March 3, 1959, the County Planning Commission staff will file with our City their planning report concerning this entire area. This matter will be discussed at the study session of March 9, 1959. I I , I ' Notice of Hearing on City1s Application for Annexation of Sewage Disposal Plant Site Notice was received that the Board of Supervisors have set March 24, 1959 as the date upon which they will hear the City's application for annexation of its disposal plant site. Payroll and Claims Sixty-one payroll claims and thirty claims amounting to a total of $95,018.23 were audited by the City Manager and on motion i)'7 6 MAR 2 1959 ,..., ~ > '= of Councilman Patterson, seconded by Councilman Medeiros, and by the following called vote, were approved as presented: Ayes-- Councilmen McClaskey, Medeiros, Patterson,' Shirley and Mayor Nordahl j Noe-s --none; Apsent'--none.: Recess o On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, the meeting recessed at 11:37 P. M. to meet Monday evening, March 16, 1959 at 8 o'clock P..M. ' APPROVED.: ~.' ,.~~ 0 1).1~ATTEST: ,ayor , Livermore, California MAR 1 6 1959 . **#*#*#*/1*/1*#*11*11*#*11*#*11*11*#** B."..": .. .. ~ LJ . 'f . ~I~,..;f<o' '" ~.~IIt:- 1;11- ~ f."-""'" .....~ MAR 1 6 1959 377 ...-- I ! Adjourned Regular Meeting, March 16, 1959 An adjourned regular meeting of the City Council was held on Monday evening, March 16, 1959, in the Library of the Livermore Union High School. The meeting was called to order at 8:02 P. M. Roll Call: Present--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor N9rdahl; Absent--none. Minutes On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the minutes of the regular meeting of March 2, 1959 were approved as mailed. J Public Hearing - Rezoning Application E. K. Koht - R-2 Classification I : Notice having been published for a public nearing on the application for rezoning submitted bY,E. K. Koht to zone from R-l to R-2 that area of approximately 1.7 acres lying westerly of Rose Street and southerly of Pestana Way, the hearin~ is now open. The City Clerk reported no written protests were filed and upon invitation by the Mayor for protestants to speak, Mr. LeRoy Erickson,652 Rose Street and Wm. J. Spragge, 664 Rose street spoke in protest to this application and stated that a petition is on file with the Planning Commission signed by residents in the area. Mr. Eldred Chance than spoke on behalf of the applicant. On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, the public hearing was closed. - I After some discussion by the Council on the possibility of this area being subdivided~ on motion of Councilman Shirley, seconded by Councilman McClaskey, and by the following called vote, the application for rezoning was denied: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--nonej Absen~-- none. Reports On ~otion of Councilman Patterson, seconded by Councilman Shlrley, and the unanimous vote of the Council, the report of the Fire Department, Police Department and Poundmaster for the month of 3"18 MAR 1 6 1959 ~ Q >< a;. = February, 1959, and the Justice Court report for the months of January and February, 1959 were accepted and ordered filed. Resume of Planning Commission Meeting , A report was received from the Planning Commission containing a resume of the Planning Commission's action taken on use permit applications at their meeting of-March 10, 1959. No action was ~/ 'j~ " ",~ taken. Report of Planning Commission Our Savior's Lutheran Church Use Permit Requirements A report dated March 11, 1959 was received from the Planning Commission regarding Our Savior's Lutheran Church use permit require- mentsj as yet the parking area has not been improved. Also attached were letters from the church regarding this matter; they intend to comPly within the near future. The Commission also requested that the Council establish a time length for compliance with use permit'requirements. On motion of Councilman Patterson, seconded by Councilman Shirley, and by the following called vote, the Planning Commission was to be instructed to place a time limit as a condition of a conditional use permit: Ayes--Councilmen McClaskey, Patterson, Shirley and Mayor Nordahlj Noes--Councilman Medeirosj Absent--none. Report of Planning Commission - Recommend Definition of Duplex be Included in Zonin~ Ord. A report dated March 11, 1959 was received from the Planning Commission recommending that the meaning of the term "duplex" be ~ . . changed in the Proposed Zoning Ordinance to include two separate units on one lot, not necessarily joined. This matter was referred to a Council study session on the proposed zoning ordinance. Report of Planning Commission Rezoning Application - Albert H. Kessler A report dated March 11, 1959 was received from the Planning Commission recommending the application for rezoning submitted'by Albert H. Kessler to rezone property on the west side of Junction Avenue to accommodate the use of said property for a one-story garden court apartment house of 24 units. I .:,...,.. ' 1. - I' U:' 'l If ~ 4 .....4t 'M - .... fqf "Wi- '''I 'i~: .... ' ." . ',~iIlii!,< ' _".;_II>_i_,_,";_~N ~.~,~ 1 ij m~9 379 On motion of Councilman Shirley, seconded by Councilman McClaskey, and the unanimous vote of the Council, the matter was set for public hearing on April 6, 1959. I , i i Report of Planning Commission Tentative Map of Tract 2028 - Intra Pacific Bldrs, Inc. A commu~ication dated March 11, 1959 was received from the Planning Commis~ion recommending acceptance of the tentative map of Tract 2028 submitted by Intra Pacific Builders, Inc. lying west of Rincon Avenue adjacent to the present sewage disposal plant, subject to the recommendations of the Director of Public Works. I ~ Mr. D. Carlson of George Nolte Engineers, representing the developer, was present at t~e meeting and requested that an amend~ ment be made to the requirement for a storm sewer. Mr. Carlson stated that this is a very small tract and it does not seem fair that the developer should pay for both the installation of the storm drain plus the per acre storm drain fee as outlined in the "Livermore Storm Drainage Report". The Council then discus~ed the matter and it was suggested that a per acre. fee be set up to include all storm drains in that area. On motion of Councilman Medeiros, seconded by Councilman Patterson, and the unanimous vote of the Council, the tentative map of Tr~ct 2028 was approved with the recommendations of the Director of Public Works with the exeeption of storm drainage which will be discussed at the ~udy session of March 23rd. R~port of Planning Commission Record of Survey - Intra Pacific Bldrs. A communication dated March 11, 1959 was received from the Planning Commission recommending approval of the change of lot sizes as shown on the Record of Survey of a portion of Tract 1821, submitted by Intra Pacific Builders. On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the Record of Survey was approved. 380 MAR 1 6 1959 Award Contract for Construction of Industrial Sanitary Sewer - McGuire and Hester The City Manager reported upon the analysis of the bids submitted on March 2, 1959 and strongly urged that the Council consider the acceptance of a proposal based upon maximum design criteria or a 7,000 gallon per acre per day capacity. Of those firms bidding, the proposal of Vincent Rodrigues is the lowest for the City's portion of the contract with McGuire and Heater as the lowest total proposal. The two companies who are signators to the contract for the installation of the line with the City, namely Southern. Pacific Co. and Standard Realty & Development Co., have proposed to the City that the. bid of McGuire and Hester be accepted since this amount represents the lowest dollar amount to the railroad companies. If this bid is accepted, the two companies have formally agreed to reimburse the city for the dollar difference between the lowest bid submitted for the City1s part and the proposal of McGuire and Hester, which is an amount of $14,228. The City Attorney has determined that this proposal is legally permissible. The following resolution was read and introduced by Couneilman McClaskey, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--nonej Absent--none. Resolution ~34-59 RESOLUTION AWARDING BI FOR CONSTRUCTION OF ,INDUSTR1;AL _SEWER TRUNK LINE Final A~c~Ptance of Sanitary Sewer Construction Peerless Concrete Pipe Corp. On motion of Councilman Patterson, seconded by Councilman Shirley, and by the following called vote, final acceptance for the sewer trunk line construction in accordance with the contract dated July 7, 1958 with Peerless Concrete Pipe Corp. was granted: Ayes-- Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--nonej Absent--none. The Mayor then declared a 10 minute recess. The meeting was called back to order at 10:00 P. M. "."J' f' : ~ ~'", 4""'" ' "" , 1 t,'j't't' l~~ " . t: >, ~. . ~\:I'.' ,.... Q >< ;a. = I I ~ '~~ .:.c.'''';i'~ M4R 1 6 1959 381 Authorize Condemnation Proceedings for Roadway Easement The following resolution was read and introduced by Council- man Shirley, seconded by, Councilman Medeiros, and by the following I I called vote was. passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--nonej Absent--none. Resolution ~35-59 RESOLUTION AUTHORIZING AND D RECTING CONDEMNATION OF A SLOPE EASEMENT FOR A RIGHT OF WAY ON J OVER AND ACROSS LAND FOR THE EXTENSION. OF A ROADWAY FOR INGRESS. AND EGRESS FROM THE NEW SANITARY SEWAGE TREATMENT PLANT OF THE CITY OF LIVERMORE TO U. S. HIGHWAY NO. 50, IN THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA. Accept Improvements in Tract 1874 - Lincoln Lumber Co. The following resolution was read and introduced by Council- man Patterson, seconded by Councilman Medeiros, and by the following I I 1 called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--none; Absent--none. Resolution~36-59 RESOLUTION ACCEPTING L OF THE WORK OF IMPROVEMENT IN TRACT 1874 Accept Deed - 1 ft. Strip - Tract 1874 The following resolution was read and introduced by Council- man McClaskey, seconded by Councilman Patterson, an,d by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--nonej Absent--none. Resolution ~31-59 ACCEPT DEED FROM LINC LN LUMBER CO. 1 FT. STUB END Accept Deed from Lincoln Lumber Co. - Tract 1874 Re-alignment of street The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman McClaskey, and by the following ?alled vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--nonej Absent--none. Resolution ~3a-59 ACCEPT DEED FROM tIN OLN LUMBER CO. RE-ALIGNMENT OF STREET Proposed Ordinance Declaring Intention of City to Abandon a Portion of Stanford Way A proP9sed 9rdinance declaring the intention of the City Council to close up and abandon a portion of Stanford Way was given a first reading and on motion of Councilman McClaskey, seconded by 3ts2 MAR 1 6 1959 ..... ~ > = Councilman Shirley, and by the following called vote, was ordered filed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; NOBs--none; Absent--none. Accept Improvements in Tract 1821 - Herbert S. Platt et als The-following resolution was read and introduced by Council- man Patterson, seconded by Councilman McClaskey, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--nonej Absent-- ~ none. Resolution ~-~9 RESOLUTION ACCEPTING F THE WORK OF IMPROVEMENT IN TRACT 182l Establish a Two Hour Parking Limit S.P.R.R. to Railroad Avenue . The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman McClaskey, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution ~40-59 ' ~ . RESOLUTION ESTABLISHING TW HOUR PARKING LIMIT ON CURB .', '" PARKING FROM THE NORTHERLY LINE' OF SOUTHERN PACIFIC '. RAILROAD ,RIGHT, OF WAY 'ro SOUTHERLY 'LINE, OF RAILRQAD AVENUE Abatement of Weeds . The following resolution was read and introduced by Council- man Shirley, seconded .by Councilman Patterson, and by the following called vote was passed: Ayes--Councllmen McClaskey, Medeiros, Patterson, - , Shirley and Mayor Nordah14. Noes--nonej Absent--none. Resolution ~ 1-59 RESOLUTION DECLAID:NG THT mRE EXISTS WEEDS"GROWING ON OR RUBBISH.. REFUSE. AND DIRT ON PR:i:VA'!'E FROPEW~Y AND/OR STREETS ADJACENT TO,PRIVITE PROPERTY PARTICULARLY DESCRIBED IN THIS ,RESOLUTION AND, DECLARING THE SAME 'ro BE A' PUBLIC' NUISANCE AND ORDERING .:SAID CONDITIONS ABATED. . . Proposed' State College Site Mr. Earl Odell reported to the Council on the latest develop- ment in the location of a site for the proposed State College in ~",',,',X.', ..~ ~ . , Alameda County. There will be a hearing by the State Public Works Board and a tour will be made of the various sites. Mr. Odell requested that the City Manager and the Director of Public Works - and any members of the Council be present at each of the two Livermore .::~~~'.', MAR 1 6 1959 283 sites to give information and answer questions when the tour arrives in Livermore. Mr. Odell was to inform Mr. Parness latter in the week as to the approximate time the bus would arrive at Livermore. I~ , Request Re Junk Yard Location - Nowling Mrs. Rose Nowling informed the Council that she has an option to purchase property adjacent to the Gladding McBean property, just outside the City limits on the Livermore-Pleasanton Road although she cannot conform to the requirement of 500 ft. from residential homes, and asked for the Council1s reaction to this location. Mrs. Nowling was informed that this location would probably have opposition from the residents in the area and the Council would recommend to the County that it be denied.' Mrs. Nowling stated that another possible location would be out in the industrial area westof Vasco Road between the two railroads. As yet he has not contacted the owner or even seen the site. It was suggested that this matter again be discussed at the study session next Thursday evening and between now and then the Council members go out to look at the site and Mrs. Nowling contact the owner regarding the property. Communications A communication dated March 10, 1959 was received from Carlos Bee with an acknowledgment of the Council' resolution regarding the South Bay'Aqueduct and also an acknowledgment from John Holmdahl, State Senator. A communication dated March 5, 1959 was received from B. O. Burch regarding his appointment to the Housing ~uthority. Relocation of Route 108 - i I I , I A communication dated March 13, 1959 was received from . B. W. BOOker, Asst. st. Highway Engineer, Division of Highways, regarding the interim relocation of Route 108 to railroad Avenue. In view of the future relocation of Route 108 as a free~ay, the matter has been filed at this time without further action. i>84 MAR 1 6 1959 Resignation from Housing Authority (price) A communication da~ed March 6, 1959 was received from Frank Price submitting his resignation from the Housing AuthoritYj and also a communication from the Housing Authority regarding said resignation. payroll and Claims Seventy-seven payro~l claims and forty-eight claims amounting to a total of $61,2~9.93 were audited by the City Manager and on motion of Councilman Patterson, se~onded by Councilman Shirley, and by the following called vote were approved as presented: Ayes-- Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--nonej Absent--none. Matters Initiated by Councilmen Councilman Shirley suggested that the Council invite the Veterans Memorial Hall committee to a study session to discuss the present policies and the future policies regarding the use of the Veterans Memorial Building. Approve Report re A.E.C. Sewer Contract _ 1 The Council discussed the report prepared by the City Manager regarding the A.E.C. sewer contract. Councilman Patterson felt the cover letter should have been addressed to the San Francisco office instead of Washington D.C. After further discussion, on motion of Councilman Shirley, seconded by Councilman Medeiros, and by the following called vote, t~e pity Manager was instructed to make an appointment with the San Francisco A.E.C. office and deliver copies of this report to them urging transmittal of copies to their Washington D.C. office at the earliest possible time: Ayes--Councilmen McClaskey, Medeiros, Shirley and Mayor Nordahl; Noes--Councilman Pattersonj Absent--none. Adjourn On motion of Councilman Medeiros, seconded by Councilman Shirley, .and the unanimous vote of the Council, the meeting adjourned at 12:00 A. M. APPROVED: ~ ~ D;)d. ~ . Mayor A~ST: ;~~ C ty r Livermore, California APR 6 1959 . I 'I~y, 'l>OiT.. . .~ r 1 "."~,,.. .. "" t ~ !", 'i '; iI' lJ~ "'~"* .r." ... '," . .,.~i;'~ ~ o X > = D.I~ fj [] E3 i l~ . :01; L"'''~" ~, ...; ~~f;:,:lj!":~ APR 6 1959 385 Regular Meeting, April 6, 1959 A regular meeting of the City Council was held on Monday evening, April 6, 1959, in the Library of the Livermore Union High SGhool. The meeting was called to order at 8:04 P. M. -- I ' I I ~ , ! Roll Call: Present--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Absent--none. Minutes On motion of Councilman Medeiros, seconded by Councilman Patterson, and the unanimous vote of the Council, the minutes of the adjourned regular meeting of March 16, 1959 were approved as mailed. Public Hearing - Rezoning Application Albert H. Kessler - W. Side of Junction Ave. Notice having been published for a public hearing on the application for rezoning submitted by Albert H. Kessler and Leslie .' . M. Kessler to rezone property located on the west side of Junction Ave. (170x382) from Zone R-l to Zone R-2 to accommodate the erection of a one story, ranch style garden apartment house of approximately 26 units, the hearing is now open. The City Clerk reported no written protests were filed and upon invitation by the Mayor for protestants to speak, it was . determined that there were no oral protests. On motion of Councilman McClaskey, seconded by Councilman Patterson, and the unanimous vote of the Council, the public hearing was closed. On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, this rezoning was I approved and the City Attorney was instructed to prepare the proper ordinance rezoning this property. Public Hearing - Weed Abatement Notice having been published on hearing objections from property owners in the City of Livermore to the removal of weeds, rubbish, refuse and dirt from their property according to the . notices posted,by the Superintendent of Streets, the hearing is now open. The City Clenk reported no written protests were filed and i) ti ti APR 6 1959 upon invitation by the Mayor for protestants to speak, it was determined that there were no oral protests. On motion of Councilman Medeiros, seconded by Councilman PatteDson, an~ the unanimous vote of the Council, the public hear- ing was closed. Direct Superintendent of Streets to Proceed to Abate Weeds The following resolution was read and introduced by Councfi- man Patterson, seconded by Councilman Shirley~ and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--nonej Absent--none. Resolution #42~ ' RESOLUTION O~ING THE ABA T OF A PUBLIC NUISANCE AND DIRECTING' rnm SUPER!NTENDENT OF STREETS TO_ CAUSE . SAID PUBLIC NUISANCE TO BE ABATED - Report of Planning Commission Tentative Map of Tract 2037, Sunset Dev. Co. A communication dated March 25, 1959 was received from the Planning Commission recommending acceptance of the tentative map of Tract 2037 submitted by Sunset Development Co. lying south of Elaine Avenue encompassed by Tract 1963 on the North, East and West, subject to the recommendations of the Director of Public Works. (A copy of which is on file in the office of the City Cl~~) It was explained that this tract involves the same property that has been sugg~sted as a new elementary school site and presented for Council review some weeks ago. Since the developer and the school officials could not come to terms on purchase price, the developer has elected to submit a proposed tract for the area, Legally, the City's only recourse is to consider the adoption of this subdivision. Mr. Joe Michell, Superintendent of the Livermore School District was present at the meeting objecting to this tract. Mr. Michell stated that this particular area was selected for a school site by the subdivider and was agreed upon by the Planning CommiSSion, the City Council, the developer and the School Board. He explained that the school board cannot operate as fast as other concernsj monies will be available for the purchase of this property in July ". - - . - ' ~.."","' '.', .' ..---. _. y.." "'l', -,t -'llll "l ~ $.. ~ J.t ' '.;fti < it. ~ ~' t i ~lt" ?t' + t .... ~ .:..,.~' ... ~ >0 = I ~ rn il"l' '," .~ ~DP 6 10~O 387 of this year. The School Board has officially requested the District Attorney to start condemnation proceedings to take possession of this area for a school site. Mr. M. Mehran of Sunset Development Co., also present, stated that this is the only clear parcel of land he owns and if the Council postpones action this ev.ening" he will be at a standstill. Mr. Mehran explained that they have to do the engineering work yet and it will be months before they come in with the final map for approval. If the School District buys this property, they can purchase other property; timing is their greatest concern. After some discussion by the Council, on motion of Councilman Patterson, seconded by Councilman McClaskey, and the unanimous vote of the Council, the tentative map of Tract 2037 was approved subject to the recommendations of. the Director of Public Works and further subject to the condition that any engineering costs incurred on this particular piece of property from this day on will not be passed on to the School District. Report of Planning Commission - Re Zoning of Adjacent County Property - Chaves A communication dated March 27, 1959 was received from the Planning Commission recQmmending the denial of the application of Manuel R. and Minnie K. Chaves to rezone from R-l to C-l a parcel on the northwesterly corner of the intersection of Tesla Road and - College Avenue, south of the City of Livermore. On motion of Councilman Shirley, seconded by Councilman . Patterson, the Council voted unanimously to recommend to the County Planning Commission the denial of this application. Report of Planning Commission Tentative Map of Tract 2036 - Area Bldg. Co. A communication dated March 25, 1959 was received from the Planning Commission recommending acceptance of the tentative map of Tract 2036 submitted by Area Building Co., Inc., lying west of Bluebird Avenue, between Olivina Avenue and the Western Pacific Railroad tracks. i)~t) APR 6 1959 ...... Q :>c: > = On motion of Councilman Shirley, seconded by Councilman Medeiros, and by the following called vote, the tentative map of Tract 2036 was approved subject to the recommendations of the Director of Public Works: Ayes--Councilmen McClaskey, Medeiros, Shirley and Mayor Nordahlj Noes--nonej (Councilman Patterson ab~tained from voting) Absent--none. Mr. Byrl A. Stifle asked the following questions of the Council regarding this tract: 1. Is this 88 foot road as outlined on the tentative map required as a condition of the subdivision? ~ Answer - Yes, it is a part of the master plan. 2. When do you expect to cross the track and make this a functional road and at whose expense. Answer - A portion will be at the City's expense and some by other subdividersj it will proceed when traffic need is there and monies available. 3. Would you, if you had the money, spend it on this project. Answer - Yes, if there were not other crucial areas, the staff would urge this road immediately. Mr. Stifle commented that this is costing approximately $42,000 additional to improve this street and he is protesting this as a subdivision requirementj he feels this is a community responsi- bility, it will benefit the entire community. Report from City Manager - Gontractual Services to Vila Gulf Housing Authority Mr. Parness reported on the proposed agreement for an in-lieu type of paYment to the City for municipal services offered to the Housing Authority. (A resolution will be presented later in the meeting authorizing execution of this agreement.) Report of City Manager - Re City Hall Air Conditioner ~ The City Manager reported on the investigation of costs and feasibility of installing an evaporative cooling system as opposed to the refrigeration type air conditioner for our City Hall and recommended the preparation of plans and specifications for the receipt of proposals for the installation of a refrigeration cooling system be authorized, the cost of which would approximate $6,000. ~ Afte:~ some discussion by the Council, on motion of Councilman McClaskey, seconded by Councilman Shirley, and the unanimous vote -....~,', , .1iI"'"" .,,, I"" ' " ", i~~''''-~' 'l' ~~_'. t".......'f '" . ':',f" "d"'":>to...,., , " I , , APR 6 1959 389 of the Council, the City Manager's recommendation was accepted and the preparation of plans and specifications were authorize~. Report of City Manager Re Retention of Auditor r' I ! 'rhe City Manager reported on solicitation of proposals for the audit of our financial affairs by a private firm and recommended the retention of Mr. Geo. L. Landis to conduct the aud:tt for the 1958-59 fiscal year for a fee of $850. On motion of Councilman Shirley~ seconded by Councilman Medeiros, and the unanimous vote of the Council, ~~. George L. Landis was hired to conduct the audit for the 1958-59 fiscal year for a fee of $850. City Manager Report Re Program & Progress of structural Inspections Mr. Parness presented a report by the Building Inspector and Fire Chief on inspections of structures with the mercantile sector and others throughout the City suspected of hazardous conditions, to appraise any substandard building and those that may be unfit or hazardous to human occupancy. Once a month a similar report will be submitted to the City Manqger's office comprising a resume of their progress. Storm Drainage Re Tract 2028 The matter of storm drainage in Tract 2028 was discussed at length at a recent study session and on motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the storm drainage stipulations as proposed by the Director of Public Works were adopted. Storm Drainage System for Tracts 1993 & 2048 Mr. B. A. Stifle has requested that he be given informal - I permission, that is, without the award of an easement, to use a l_ portion of the municipal airport property as a ponding area subject to a c9ntractual obligation whereby he would agree to finance the entire cost of a functional system to the westerly extension of the airport if it is sold and to be developed. The C.A.A. has no 390 APR 6 1959 ~ Q :>< > = objections as long as the property is not encumbered by a grant of easement,. The City Attorney was instructed to prepare the necessary agreement complying with this proposal. Grant Application for Exempt Solicitors & Business License An application for soliciting and an exempt business license as outlined in Ordinance No. 373 was submitted by the Optimist Club of Livermore to sell candy and solicit funds to send boys to camp. On motion of Councilman Shirley, seconded by Councilman I..... ..' ". , . McClaskey, and the unanimous vote of the Council, the Council approved the application and authorized the issuance of an exempt fee license. Authorize Execution of Agreement for Extension of Sanitary Sewer Facilities - Downey The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Patterson, and by the following' called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--nonej Absent--none. Resolution ,43A-69 RESOLUTION APPROVING SE~ C NNECTION AGREEMENT PURSUANT TO ORDINAN~ NO. 396 I Authorize Execution of Agreement for Extension of Sanitary Sewer Facilities - Kenney The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution '43B-59 RESOLUTION APPROVING S WER CONNECTION AGREEMENT PURSUANT TO ORDINANCE NO. 396 Accept Improvements in Tract 1711 (Stifle) The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, I Patterson, Shirley and Mayor Nordahlj Noes--nonej Absent--none. Resolution #44-59 RESOLUTION ACCEl>TING ,ALL OF THE WORK OF IMPROVEMENT IN TRACT 1711 .""'''';''"'~''~f_ . ~~,_~i APR 6 1959 ..") 91 a Accept Improvements in Tract 1840 (Stifle) The following resolution was read and introduced by Council- 11 man Medeiros, seconded by Councilman Shirley, and by the following called vote was passed:. Ayes--Councilmen McClaskey, Medeiros, Fatterson, Shirley and Mayor Nordahlj Noes--nonej Absent--none. Resolution #45-59 RESOLUTION ACCEPTING ALL OF THE 1vORK OF IMPROVEMENT IN TRACT 1840 i i Authorize Execution of Agreement for Termination of Lease - (Recreation Park) The following resolution was read and introduced by Council- man Patterson, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #46-59 A RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH LIVERMORE JOINT UNION HIGH SCHOOL DISTRICT - (Termination of Lease) Authorize Execution of Agreement with Standard Realty and Development Co. & SQuthern Pacific Co. re Industrial Sewer The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #47-59 RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT WITH STANDARD REALTY & DEVELOPMENT CO., A CORPORATION I AND SOUTHERN PACIFIC COMPANY, A CORPORATION, PROVIDING ,FOR THE CONSTRUCTION OF INDUSTRIAL SANITARY SEWER Authorize Execution of Agreement with Vila Gulf Housing Authority The follqwing resolution was ,read and introduced by Council- man Patterson, seconded by Couqcilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--none; Absent--none. Resolution #48-59 A RESOLUTION AUTHQRIZING THE SIGNING OF AN AGREEMENT WITH VILA GULF HOUSING AUTHORITY (Municipal Services) Proposed Ordinance Establishing a Numbering System of Street and Road Addresses within the City of Livermore A proposed ordinance establishing a numbering system of street and road addresses within the City of Livermore was given a 392 APR 6 1959 first reading and on motion of Councilman Patterson, seconded by Councilman Shirley, and by the following called vote was ordered filed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Norliahlj Noes--nonej Absent--none. Adopt Ordinance Amending Ordinance #191 Re Single Family Residential Lot Sizes (Emergency Ord.) An ordinance amending Ordinance #191, establishing lot areas for all lots or parcels of land in Zone R-l and Zone R-2 was read and on motion of Councilman Patterson, seconded by Councilman Medeiros, and by the following called vote was passed and adopted: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--Ronej Absent--none. ORDINANCE- NO. 409 AN INTERIM EMERGENCY ORDINANCE OF THE CITY OF LIVERMORE" STATE, OF CALIFORNIA" AMENDING SECTION XIII OF ORDINANCE NO. 191 ,OF THE CITY OF LIVERMORE FIXING AND ESTABLISHING LOT AREAS' FOR ALL LOTS OR PARCELS OF LAND IN ZONE R-l AND ZONE R~2, AS, SAID ZONES ARE DESIGNATED AND DEFINED IN ORDINANCE NO. 19l,OF THE CITY OF.LIVERMORE . ' Adopt Ordinance Declaring Intention of City to Abandon a Portion of, Stanford Way On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the reading of the ordinance ,was waived. On motion of Councilman Patterson, seconded by Councilman Medeiros, and by the following called vote, the ordinance declaring the intention of the City to abandon a portion of Stanford Way was passed and adopted: Ayes--Councilrnen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--none; Absent--none. ORDINANCE NO. 410 AN ORDINANCE OF THE CITY OF LIVERMORE DECLARING THE INTENTION OF, THE CITY COUNCIL OF THE CITY OF LIVERMORE, TO CLOSE UP AND ABANDON ALL THAT PORTION OF STANFQRJ} 'WAY IN THE CITY OF . LIVERMORE " . As. SAID PORTIQN OF STANFORD WAY IS DESCRIBED IN THIS ORDINANCE. . Inquiry on Sewage Lift Station Benefit District A communication dated March 13, 1959 was received from Live-More Homes Development Co. regarding the sewage lift station benefit district. The City Attorney was instructed to research this matter. , I "~ .. ' "~ "f","lt . ~~,. 'a ~ Q :><: > = I I I ,.. ~DR 6 1959 393 Communications Copy of the minutes of the Housing Authority for their meeting of February 17, 1959. - I Notice from the County Board of Supe~vi80rs of their decision to postpone their request regarding sales tax to become. effectfve July l, 1959. Communication dated March 25, 1959 was received from the Livermore Joint Union High School District regarding Vila Gulf property and its possible purchase. Mr. Parness was to inform the School District that before the City disposes of the property, the district will be informed. Communication from the City of Newark regarding their resolution on Assembly Bill 576, Golden Gate Authority. On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the Council is favorable to the idea of the Golden Gate Authority but feels there should be time for more study and hearings and Mr. Parness was instructed to write letters to the appropriate bodies conveying this feeling. Communication from the League of California Cities containing a statement of principles on metropolitan problems. Communication from the League of California Cities regarding the League Highway Legislative Program. On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, the City Manager was authorized to speak on behalf of the Council regarding this matter. - I Payroll and Claims One hundred thirty-nine payroll claims and thirty-four claims amounting to a total of $36,349.69 were audited by the City Manager and on motion of Councilman Shirley, seconded by Councilman McClaskey, and by the following called vote, were approved as presented: Ayes-- Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--nonej Absent--none. 394 APR 6 . 1959 ~ Q Xc :;;. = Recess On motion of Councilman McClaskey, seconded by Council- man Patterson, and the unanimous vote Df the Council, the meeting recessed at 11:00 P. M. to meet Monday evening, April 20, 1959 at 8 olclock P. M. i APPROVED: }~ CJ ,J/( ~ .J..5{ ATI'EST: ~ Mayor ~ er . APR 2 0 1959 Livermore, California . **~*~*~*~*~*~*~*~*t*~*~*~*~*~*~*~** I , I [i t1 ",",."..,_t_,.'_.l'~"''''Z ,;.; :C>"';~i_'" ,...,...... , " '.".'-"..,.1., I I 111111111. ... ,.s...;, '<',:~""""-~~"':;>( APR 20 1959 395 I' I Adjourned Regular Meeting, April 20, 1959 An adjourned regular meeting of the City Council was held on Monday evening, April 20, 1959, in the Library of the Livermore Union High School. The meeting was called to order at 8:02 P. M. Roll Call: Present--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Absent--none. Minutes On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the minutes of the regular meeting of April 6, 1959 were approved as mailed. City Manager Report re Senate Bill 1004 The City Manager reported that on April 28, 1959, legislation will be heard by Senate Committee on Business and Professions. Senate Bill 1004 would authorize cities and counties to impose a - fee not to exceed $30 per lot in each subdivision for the purpose of acquiring park, playground, recreational and drainage facilities within the County or City. On motion of Councilman Shirley, seconded by Councilman Medeiros, the Council voted unanimously to support this legislation. Report from Airport Advisory Committee Mr. Rex Kimberling, Chairman of the Airport Committee, presented copies of the f1rllunicipal Airport Relocation Study" for the Co~ncilrs consideration. This report was referred to the Council study session of May 11, 1959 for joint discussion with the Airport Advisory Committee. Resume of Planning Commission Meeting A report was received frorn the Planning Commission containing a resume of the action on use permit applications taken by the Planning Commission at their meeting of April 14, 1959. No action was taken. Appeal Decision of Planning Commission Use Permit Application - Ed. Hutka A communication dated April 15, 1959 was received from Mr. Ed Hutka appealing the decision of the Planning Commission on 396 APR 2 0 1959 .... Q >< > = requirements as set forth in the conditional use permit granted , , for the erection of a shop building in the rear of 1386 Railroad Avenue. This matter was referred to a joint study session of the City. Council and the Planning Commission on Monday, April 27, 1959 to discuss said requirements. ~I..r,.' ~ : to Grant u~ Permit Applications to Braddock, Logan & Valley to Construct Model Homes Application for use permit submitted by Braddock, Logan and Valley to construct five model homes on the westerly side of the southerly extension of Via Granada was granted by the Planning Commission subject to confirmation by the City Council. On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the issuance of a conditional use permit was authorized for the construction of 5 model homes on the extension of Via Granada subject to the follow- ing conditions: 1. Sidewalk, curb and gutter be installed along the frontage of model homes. 2. Sewer laterals will not be connected to the mains. G ~ 3. No occupancy of houses shall be permitted until the final map has been accepted, and full public works improvements and building improvements have been installed to the satisfaction of the City. 4. That the applicant be required to submit to the City a surety bond in the amount of $7,500 which represents a fee of $1,500 per house for the relocation of these structures in the event that the tract is not fully completed. Report of Planning Commission Rezoning Application - I. Schuman A communication dated April 17, 1959 was received from the Planning Commission recommending the application for rezoning sub- mitted by I. Schuman regarding two small parcels of land in Block 20, Map of the Town of Livermore. On motion of Councilman Patterson, seconded by Councilman iiJ,\"", ~ Shirley, and the unanimous vote of the Council, this matter was set for public hearing on May 4, 1959. .,._...",",-.,~~, "'" .~C'!~!., ."". .. """', ~~~"~~ ,,~_'. ~.r ~., ':~,'" , ,"!to 'OR 2 0 19~9 39'7 Report of Planning Commission - Tentative Map of Tracts #2010, 2011 & 3039 - Jensen Dev. Co. A communication dated April 17, 1959 was received from the Planning Commission recommending acceptance of the tentative maps ! I I of Tract 2010, 2011, and 2039 submitted by Jensen Development Corp. lying north of East Avenue adjacent to Tract 1990, subject to the recommendations of the Director of Public Works. In reviewing these tentative maps, the City Council was concerned with the location of a major street in this general area and felt the matter should be discussed with the Planning Commission before any action is taken. On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote . of the Council, and with the developer's permission, this matter was referred to the Planning Commission for discussion at their study session of Apr.il 21, 1959 and further study with the Council at a joint study session next Monday ev~n~ng, April 27th, with official Council action to be taken on May 4, 1959. Report of Planning Commission Tentative Map of Tract 2022 - Nojet Co. A communication dated April 17, 1959 was received from the Planning Commission recommending acceptance of the revised tentative map of Tract 2022, submitted by Nojet Co. lying south of ~ast Avenue and east .of School Street, subject to the recommendations of the Director of Public Works. Mr. steve Palmer, repre~enting the developer, stated that the lot sizes in this tract will be the required minimum of 6000 square feet with 60 foot frontage. The Council discussed the intersection of McLeod and East 8th Streets and on motion of Councilman Patterson, seconded by - ! Councilman McClaskey, and the unanimous vote of the Council, the revised tentative map of Tract 2022 was approved subject to the recommendations of the Director of Public Works ,and with a 900 "y" connection betvleen rvlcLeod and East 3th Streets, straight into the tract. 898 APR 2 0 1959 Reports On motion of Councilman Medeiros, seconded by Councilman Patterson, and the unanimous vote of the Council, the report of the Justice Court, Police Department, Poundmaster and Fire Department for the month of March, 1959 were accepted and ordered filed. Application for Exempt Solicitors Permit Granted An application for solicitors exempt license to solicit funds through a concert sponsored by the 20-30 Club of Livermore for the hospital as outlined in Ordinance No. 373 was presented. On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, the Council approved the application and authorized the issuance of an exempt fee license. J Proposed Agreement for Storm Drainage Tracts 2048 & 1993 (Postpone) The City Attorney reported that the developer has not re- ceived approval from F.H.A. regarding this matter and requested that the matter.be put over to another meeting. Accept Letter from Armco Drainage & Metal Products Re Storm Drainage The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Patterson, and by the following called vote was-passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #49-59 RESOLUTION AUTHORIZING EXECUTION OF LETTER AGREEMENT WITH ARMCO DRAINAGE & METAL PRODUCTS INC. Accept Easement for Industrial Trunk Sewer (Jos. W. Livermore) The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman McClaskey, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--nonej Absent--none. Resolution 50-59 RESOLUTION ACCEPTING. GR T OF EASEMENT (Jos. W. Livermore - Industrial Trunk Sewer) '-\:~i' ...:i;,o,.,.~ ",.... ' \oIiIo. ,,, .... Q X > = ~ ; I '1R 2 0 1q~Q 399 Authorize Execution of Agreement with F. Feriera (Grazing Land at Sewer Plant) The following resolution was read and introduced by Councilman Patterson, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--Councilman McClaskeyj Absent--none. Accept Agreement and Bonds Tract 1989 - Livermore Acres, Inc. The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--nonej Absent--none. Resolution #52-59 RESOLUTION ACCEPTING AGREEMENT AND BONDS FOR IMPROVEMENTS TO TRACT 1989 Approve Subdivision Map Tract 1989 - Livermore Acres, Inc. The following resolution was read and introduced by Council- man Patterson, seconded by Councilman McClaskey, and by the following called vote was passed: Ayes--Councilmen McClaskey, - Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--nonej Absent--none. Resolution #53-59 RESOLUTION APPROVING MAP OF THE SUBDIVISION OF TRACT 1989 Accept Grant of Easement from Helen Reuter Johnson Re Roadway to Sewage Treatment Plant Site The following resolution was read and introduced by Council- man Patterson, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--none; Absent--none. Resolution #54-59 RESOLUTION ACCEPTING GRANT OF EASEMENT FROM HELEN REUTER JOHNSON Recommend Site for State College in Southern Alameda County The following resolution was read and introduced by Councilman Medeiros, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen McClaskey, -100 APR 2 0 1959 Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--nonej Absent-- none. Resolution #55-59 RESOLUTION RELATIVE TO THE ESTABLISHMENT OF A STATE COLLEGE IN SOUTHERN ALAMEDA COUNTY Adopt Ordinance Establishing Uniform House Numberin~ S~stem On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman Patterson, seconded by Councilman Medeiros, and by the following called vote, the ordinance establish- ing..a uniform house numbering system was passed and adopted: Aye&-- Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor~Nordahlj Noes--none j Absent--none. ORDINANCE NO. 411 AN ORDINANCE OF THE CITY OF LIVERMORE, COUNTY OF ALAMEDA, STATE ,OF CALIFORNIA, ESTABLISHING A NUMBERING SYSTEM OF STREET AND ROAD ADDRESSES WITHIN THE CITY OF LIVERMORE, REPEALING . ORDINANCES , IN CONFLICT HEREWITH, AND PROVIDING PENALTIES FOR FAILURE TO COMPLY WITH THE PROVISIONS THEREOF. Adopt Urgency Ordinance Amending Ordinance #400 & Replealing Ord. #374 - re Uniform Bldg. Code An ordinance amending Ordinance No. 400 and repealing Ordi- . . nance No. 374 was read and on motion of Councilman Patterson, seconded by Councilman Medeiros, and by the following called vote was passed and adopted: Ayes--Councilmen McClaskey, Medeiros, patterson, Shirley and Mayor Nordahl; Noes--nonej Absent--none. ORDINANCE NO. 412 AN URGENCY ORDINANCE AMENDING ORDINANCE NO. 400 OF THE CITY OF LIVERMORE BY ADDING TWO NEW SECTIONS TO CHAPTER 2, OF PART I OF THE UNIFORM BUILDING CODE, 1958 EDITION, PUBLISHED BY THE PACIFIC COAST BUILDING ,OFFICIALS CON- FERENCE, TO BE NUMBERED SECTIONS 203 (bl) AND 204 (a), __ AND REPEALING ORDINANCE NO. 374 Proposed Ordinance Amending Ord. #191 Kessler - Junction Ave. A proposed ordinance amending Ordinance No. 191, rezoning property on Junction Avenue to accommodate the construction of an apartment house was given a first reading and on motion of Council- man McClaskey, seconded by Councilman Medeiros, and by the following 1lI~,.'" . .lit ,t\' "- ..;...... .... o >< > = ~ bJ..:.' ~ I APR 2 0 1or:o 401 called vote was ordered filed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--nonej Absent-- none. r I I I I Application For Business License Oliver Patrol Agency An app~ication was received from Mario O. Oliver, "Oliver Patrol Agency, for a permit to operate a private patrol business in the City of Livermore. As the present license ordinance does not include private patrols, this permit was authorized under the general provisions of the ordinance. Communications A communication dated March 28, 1959 was received from the State Department of Public Health regarding the declaration of Alameda Co. as a rabies area. Communication dated April 9, 1959 was received from Ralph B. Stolb~rg regarding purchase of additional property adjacent to the Livermore Shopping Center. This communication was ordered acknowledged and filed. Communication dated April 14, 1959 was received from Francis Dunn, Chairman of the Board of Supervisors,. re,garding a meeting to consider the basic study on sewage and industrial waste disposal in Southern Alameda County. Mr. Bissell will attend this ,meeting. Communication from the Public Utilities Commission of the State of California regarding the application of Pacific Telephone & Telegraph Co. to establish a typical schedule of rates for street address telephone directory service. Communication from the Public utilities Commission with - notice of hearing on the application of Pacific Gas & Electric Co. regarding an increase in rates for natural gas to offset an increase in the cost of gas purchased from the El Paso Natural Gas Company. Payroll and Claims Sixty-three payroll claims and fifty-six claims amounting to a total of $132,835.45 were audited by the City Manager and on motion of Councilman Patterson, seconded by Councilman Shirley, and 402 APR 2 0 1959 .... o x > = by the following called vote were approved as presented: Ayes-- -Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--nonej Absent--none. Authorize Clerk to Advertise for Bids on Electrical System at Hall of Justice Mr. Parness. reported that plans and specifications have been received for the wiring system at the Hall of Justice and on motion of Councilman Medeiros, seconded by Councilman Patterson, and the unanimous vote of the Council, the City Clerk was directed ~ ", ~ to advertise for bids for said.wiring system to be received May l8, 1959. Oppose Metropolitan Fire Authority Bill The Council discussed the League bulletin regarding the Metropolitan Fire Authority ~ill and on motion of Councilman Shirley, seconded by Councilman McClaskey, the Council voted unanimously to go on record as being opposed to this bill. Adjourn On motion of Councilman Patterson, seconded by Councilman ~. U McClaskey, and the unanimous vote of the Council, the meeting adjourned at 10:55 P. M. APPROVED: ~ fJ_-X~ATTEST:OrI~~ Mayor y k Livermore, California MAY 4 1959 . **#*#*fI*#*#*fI*#*#*f!*#*#*#*#*#*#*f!*#** f} LJ - '~~''!f~,'' at '", .. · ',-, '," ,;D..i, '~"': ',I\.~""""'''''''~ """.....,~~~.,;'. ~ ,,'~ "'t, ,,_liill. "' " ",-" ',. . MAY 4 1959 403 Regular Meeting, May 4, 1959 A regular meeting of the City Council was held on Monday evening, May 4, 1959, in the Library of the Livermore Union High School. The meeting was called to order at 8:03 P. M. Roll Call: Present--Councilmen McClaskey, Medeiros, Patterson and Mayor Nordahlj Absent--Councilman Shirley. Minutes On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the minutes of the adjourned regular meeting of April 20, 1959 were approved as mailed. Public Hearing - Rezoning Application I. Schuman - 2 Parcels in Bl. 20, Mp. of Tn. of Liv. Notice having been published for a public hearing on the application for rezoning submitted by I. Schuman to rezone two parcels in Block 20, Map of the Town of Livermore from Zone R-2 to Zone C-l to accommodate cormnercial buildings, the hearing is now open. I The City Clerk reported no written protests were filed and upon invitation by the Mayor for protestants to speak, it was determined that there were no oral.protests. On motion of Councilman Patterson, seconded by Councilman McClaskey, and the unanimous vote of the Council, the public heap- ing was closed. The City Attorney was directed to prepare the proper ordinance rezoning this property for the next meeting. Report of Planning Commission - Request of Policy on Sidewalk Width & Location, Backing Lot Treatment A communication dated May 1, 1959 was received from the Planning Commission with a request for a general policy on sidewalk width and location in new subdivisions and in areas already developed, also a policy on backing lot treatment on major streets located in new subdivisions. Th,is matter was referred to the staff for study and report to.the Council along with other recommended chances to the subdivision ordinance. 404 MAY 11 "1.:1:): ~ o :>( > = Report of Planning Commission Industrial Annex Zoning A report dated May 1, 1959 was received from the Planning Commission recommending that the Industrial Area be zoned M-2 under the present zoning ordinance, however also recommends further study f]l. W under the proposed ordinance. On motion of Councilman Medeiros, seconded by Councilman Patterson, and the unanimous vote of the Council, the matter was set for public hearing on May 18, 1959. Report of Planning Commission General Plan Map and Tables A comnunication dated May 1, 1959 was received from the Planning Commission regarding the General Plan map and tables. A resolution approving the General Plan will appear later on the agenda. Report of Planning Commission Tentative Map of Tract 2048 - B. A. Stifle A report dated ,May 1, 1959 was received from the Planning Comrnission recommending acceptance of the tentative map of Ttact ~.',If.. j! .' 201.1,8 submitted by B. A. Stifle, si tua ted abuttinG Tract 1993 and westerly of the M~rilyn Ave. School site, subject to the recommendations of the Director of Public Works. On motion of Councilman Patterson, seconded by Councilman McClaskey, and the unanimous vote of the Council, the tentative map of ~~act 2048 was approved subject to the recommendations of the Director of Public Works and further subject to the execution of an agreement for storm dr2inage or the installation of a functional storm drainage system. Report of Planning Commission - Tentative Map of Tract 2056 - Livermore Development Co. A report dated May 1, 1959 was received from the Planning ~ Commission recommending acceptance of the tentative map of Tract 2056 submitted by Livermore Development Co., l~ing west of Hillcrest Avenue and north of Yale Way, subject to the recommendations of tre MAY 4 1959 405 Director of Public \'lo:C'ks. l\.pproxima te ly one -half of this subdivision exists in presently unincorporated area. A petition for annexation was presented but there appears n I 1 to "oe some misunderstanding regarding the interpretation of the annexation policy, uhethe~ or not developed areas would be required to pay an annexation fee. At present there is no policy reearding developed area and it is uncertain \'lhetheJ:' or' not all the petitioner's would still desire annexation if there is an annexation fee involved. Mr. Chas. P. Martin, representing the developer, suggested that an annexation petition be resubmitted to include only the 10 acre hospital property. Councilman Shirley vlas seated during the above discussion. After further discussion by the Council, the matter of annexation fees to be charged was referred to a study session. Regarding the proposed tentative map of Tract 2956, the Council discussed the recom~endation for two fire hydrants outside the tract. On motion of Councilman l\1edeiros, seconded by Councilman Patterson, and by the following called vote, the tentative map of Tract 2056 was approved subject to the recommendations of the Director' of Public Works and to the conwletion of annexation proceedings within one year from this date and further, the provision for t\10 fire hydrants outside the tract was referred to the City Manager for arbitration with the Subdivider: Ayes-- Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--nonej Absent--none. Tentative Map of Tract 2061 - Braddock, Logan & Valley - Report of Planning Commission A report dated May 1, 1959 was received from the Planning Cow~ission recommending acceptance of the tentative map of 'rract 2061 submitted by Braddock, Logan & Valley, situated west of Vallecitos Road, subject to the reconul1endations of the Director of Public \'lorks. 1 On motion of Councilman Shirley, seconded by Councilman 406 MAY 4 1959 Medeiros, and by the following called vot~, the tentative map of Tract 2061 was, approved subject to the recommendations of the Director of Public Works: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--nonej Absent--none. Report of Planning Commission & Appeal Re Variance Application - Christian Science Church A report dated May 1, 1959 was received from the Planning Commission recommending denial of the variance application submitted by Christian Science Church. Also an appeal was filed regarding this use permit denial by Earl Odell, attorney for the applicant. Mr. Odell was also present at the meeting and spoke on behalf of the applicant. The Council discussed the matter and felt the application does not comply with the variance requirements and suggested that the property owner apply for a rezoning of the parcel for a commercial category which would reduce the side yard setback so as to permit full compliance with the ordinance. On motion of Councilman Shirley, seconded by Councilman Patterson, ~1d by the following called vote, the recommendation of the Planning Commission was accepted and the variance denied. Resume of Planning Commission Meeting A report was received from the Planning Commission containing a resume of the action on use permit applications taken by the Planning Commission at their meeting of April 28, 1959. A communication was received from the attorney for Livermore Disposal Service regarding the denial of the use permit application submitted by R. Blow and requesting a three months temporary use of the property for the storage of the collection vehicles. The Council discussed the matter and a motion was made by Councilman Medeiros to deny the use permit b~t authorize the temporary storage of the trucks on the property for a six month period. The motion died for lack of a second. On motion of Councilman Shirley, seconded by Covncilman Patterson, and by the following called vote, the City Manager's ~ Q >=: > = I I I ... ~ ~" "'~Il~~ <I> ~I."', "'" ~ ~fi, "1 .,; .. ' . MAY 4 19r;q . : 07 recommendation was accepted, to approve the action of the Planning Co~ission in the denial of a use permit but authorize the temporary storage of the trucks on the property for a two month period ,- ending June 30, 1959: Ayes--Councilmen McClaskey, Patterson, Shirley and Mayor Nord~hl; Noes--Coun~ilman Medeiros; Absent--none. Proposed Sign for Purity Stores A communication dated April 29, 1959 was received from Electrical Products requesting a variance from Section 18 of the sign ordinance to permit a sign for Purity Stores to be installed at a maximum height of 51 feet above grade; the ordinance limits the sign height at 25 feet. A motion was made by Councilman Shirley to accept the City Nanager's recormnendation to issue a permit for the cons :~ructL':'l ,)e' this sign to a maximum heiSht of 35 feet. The motion died for lack of a second. On motiQn of Councilman Patterson, seconded by Councilman r1edeiros, and by the following called vote, the issuance of a permit was authorized for the costruction of this sign to a maximum height of 51 feet: Ayes --Councilmen McClaslwy, Medeiros and Patterson; Noes--Councilman Sbirley and Mayor Nordahlj Absent-- none. Report Re Appeal from Use Permit Conditions Ed Hutka - Shop Bld~. on Railroad Ave. The appeal from conditions imposed by the Planning Commission on a use permit application to erect a shop building at 1386 Rail- road Avenue, submitted by Ed Hutka, was discussed by the Council at their study session of April 27th. On motion of Councilman l\~cClaskey, seconded by Councilman r,~edeiros, and by the following called vote, the use permit vias authorized conditioned upon the - 1 installation of a functional on-site drain field of a size and desiGn satisfactory to the Director of PUblic Works which shall be permanently maintained ,so as to guarantee its servicabilii:;y by the property Oviner. 408 MAY 4 1959 Fence Requirement Re Tract 1942 A communication was received from Sunset Development Co. requesting a substitution of a redwood grapestake fence set between brick pillars spaced at 18 foot centers instead of a solid . masonry wall as now required for Tract 1942. This type of fencing would be much more compatable with the type used across the street. A motion was. made by Councilman Shirley to deny this request. The motion died for lack of a second. After some discussion by the Council, on motion of Council- man Medeiros, seconded by Councilman McClaskey, and by the following called vote, the tract improvement requirements for Tract 1942 were amended to provide for the installation of a redwood grapestake fence set between brick pillars spaced at 18 foot centers Subject to the review of the plan~ and specifications by the Director of Public Works: Ayes--Councilmen McClaskey, Medeiros, Patterson Shirley and Mayor Nordahlj Noes--nonej Absent--none. Proposed Business License Ordinance A report was received from the Merchant1s Committee of the Chamber of Commerce submitting suggested'amendments to the pro- posed business license ordinance. This report was referred to the City Manager for consideration as to inclusion in the proposed business license ordinance. Report Re Freeway Location State Route 108 A verbal report was received notifying the City that the state Highway Commission, at a reoent meeting, con5i~ered the location of the freeway Route 108 in our area. Due to the conflicting recommendations of the State Engineering staff as contrasted,with the unanimous views of the community regarding route location, a public hearing on this matter will be held within our area some- time in the month of June. Tentative Maps of Tract 2010, 2011, 2039 Jensen Development Corp. (Postponed) This matter was discussed in detail at the Council study. session of April 27, 1959, and on motion of Councilman McClaskey, seconded by Councilman Patterson, and by the following called I'~"~' ~ . 'Ii .~,..",~,., ""'.<>t >',ir.'i "~, ~ /'f < . . ~ ~" ,"t'.":\::_"~~~~~"~},W:4'.t '.. "W'.";I,~l'Il~~~'" .. .... j~." .\l;J" '" '{or> ,t a tt':t ,: ~ Q X Q:a = R ~ EJ ~..,".','... rill ,; !~l'\." MAY 4. 10~O 409 vote, the tentative maps of Tracts 2010, 2011, and 2039 were approved subject to the recorr~eRdationsof the Director of Public Works: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley -- I i I I and Mayor Nordahlj Noes--nonej Absent--none. Grant Application for Solicitors Permit & Exempt Business License - City of Hope An application for a solicitors permit and exempt business license was submitted by City of Hope to finance free patient care, research and medical education in cancer, etc. On motion of Councilman Medeiros, seconded by Councilman Patterson, and the unanimous vote of the Council, the application was approved and the issuance of an exempt permit and license were authorized. Petition for Annexation of East Ave. Annex #4 Because of the misunderstanding of the interpretation of the annexation pOlicy, this matter was postponed. Advertise for Bids for Improvement of a Portion of East Ave. Adj. to Elem. School The following resolution was read and introduced by Council- -man Patterson, seconded by Councilman Shirley, and by the following called vote Nas passed: Ayes --Councilmen NcClaskey, r,1edeiros, Patterson, Shirley and Mayor Nordahl; Noes--nonej Absent--none. Resolution - '56-59 .RESOLUTION AUTHOR NG ADVERTI E NT FOR BIDS FOR H1PROVEliJENT OF A PORTION ,OF EAST AVENUE ADJACENT TO EAST AVE1TIJE ELE~ffiNTARY SCHOOL FRONTAGE Reservation of R~ghts Agreement On motion of Councilman .Ivledeiros, seconded by Councilman -McClaskey, and by the following called vote, the Reservation of RiChts Agreement pertaining to suit against the manager of our municipal airport was referred to our insurance carrier for review. - ! Amend Sales Tax Agreement The folloviing resolution Has r'ead 2nd introduced by Council- man Shirley, seconded by Counr:ilman Hedeiros, and by the follovf::.nc called vote vms pel.ssed: I\yps --Councilmcm rvlcClas}:ey, Hecl~!ir:'(\s; P:J.ttcrso'n; Sh:l.rley a'1d MaY81:' Nordahl; Noes --non.~; ""\bsen~' --none. Resolution #57-59 RESOLUTION APPROVHTG AGREF'\ffiNT ~JITH S'IA1'E :SOARD OF EQUALIZAIIOlI ANrENDIEG SALES l'A:'{~I.\.QlmEl/lENT ',:ITE CITY 410 MAY <1 1959 ,.... Q ><: > = The Mayor then declared a 5 minute recess. The meeting was called back to order at 10:25 P. M. Authorize Execution of Agreement with Sunset Development Co. re Sanitary Sewers The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, ~ Patterson, Shirley and Mayor Nordahl; Noes--nonej Absent--none. Resolution ~58-59 RESOLUTION APPROVING SU PLEMENTAL CONTRACT WITH SUNSET DEVELOPMENT COMPANY Adopt General Plan The following resolution was read and introduced by Council- man Patterson, seconded by Councilman McClaskey, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. . Resolution~59-59 RESOLUTION OF THE CI COUNCIL OF THE CITY OF LIVERMORE ADOPTING THE GENERAL PLAN ~ Permission to be Absent from State (Nordahl) The following resolution was read and introduced by Council- man Patterson, seconded by Councilman Shirl~y, and by the following called vote was passed:. Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--nonej Absent--none. Resolution ~0-59 RESOLUTION GRANTING ERMISSION TO BE ABSENT FROM STATE OF CALIFORNIA Accept Dedication of l' Strip at the End of Jefferson Ave. in Tct. 1983 - Jensen Dev. Co. The following resolution was read and introduced by Council- man Patterson, seconded by Councilman McClaskey, and by the .following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--nonej Absen~- none. 8 td Resolution ~6l-59 RESOLUTION ACCEPTING DE ICATION OF 1 FOOT STRIP AT THE END OF JEFFERSON AVENUE, TRACT 1983 ij.- ,,, '" "t.' , " .;w.;!.l ..fl;:n." ~ ~!!;< .".' ~....,....." ..... ~ ,I .. 1<~'''' ~ ~ .'-T ," ~ . ., ~ -I.. MAY 4 1959 411 II Accept Grant of Easement for Storm Drains (Hospital Committee for Liv-Pleas. Areas) The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Patterson, and by the following called vote was passed: Ayes --Councilmen 1\1cClaskey) Medeiros, Patterson, Absent--none. Accept Agreement & Bonds for Improvement of Tract 1963 - Sunset Development Co. The following resolution was read and introduced by Council- man Medeiros) seconded by Councilman Patterson) and by the following called vote was passed: Ayes--Councilmen McCla~key,-Medeiros, Patterson) Shirley and Mayor' Nordahlj Noes--nonej Absent--none. ,Resolution #63-59 RESOLUTION ACCEPTING AGREEMENT AND BONDS FOR IMPROVEMENTS TO TRACT 1963 Accept Subdivision Map - Tract 1963 . Sunset Development Co. The following res9lution was read and, introduced by Council- man Patterson, seconded by Councilman Medeiros) and by the following called vote was passed: Ayes--Councllmen McClaSkey, Medeiros) Patterson, Shirley and Mayor Nordahlj Noes--nonej Absent--none. Resolution 64-59 RESOLUTION APPRO V NG MAP F THE SUBDIVISION OF TRACT 1963 Authorize,Execution of an Agreeme~t for Plan Checking with the County of Alameda Building Dept. The following resolution was read and introduced by Council- man Medeiros) seconded by Councilman McClaskey, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--nonej Absent--none. Resolution #65-59 RESOLUTION APPROVING AGREEMENT WITH COUNTY OF ALM-lEDA REL~TIVE TO PLAN CI-IECKING SERVICES FOR CITY Policy for Widening and Improvement ,of City Streets The following resolution.was read and introduced by Council- man McClaskey) .seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaSkey, Medeiros) Patterson) Shirley, and Mayor Nordahlj Noes--nonej Absent--none. 412 MAY 4 1959 Resolution ~66-59 A RESOLUTION OF THE CITY OUNCIL OF THE CITY OF LIVERMORE DECLARING A POLICY ON, THE WIDENING AND IMPROVEr-lENT OF CITY STREETS, Adopt Ordinance Amending Ord. #191 Kessler - Junction Ave. On motion of Councilman Patterson, seconded by Councilman McClaslcey-.f and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman Medeiros, seconded by Councilman Patterson, and by the following called vote.f the ordinance amendjng -Ordinance No. 191 was passed and adopted: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes-- nonej Absent--none. ORDINANCE NO. 413 AN ORDINANCE AMENDING ORDINANCE NO. 191 ENTITLED "AN ORDINANCE PROVIDING FOR THE CREATION WITHIN, THE INCORPORATED AREA OF THE, CITY OF LIVE:RMORE OF CERTAIN ZONES AND IN THE SEVERAL ZONES THEREBY CREATED DESCRIBING THE CLASSES OF BUILDING~, STRUCTURES AND IMPROVEMENTS; REGULATING I RESTRICT- ING AND SEGREGATING THE LOCATION OF DWELLINGS, AP ARTMENTS I TRADES, BUSINESSES, AND INDUSTRIES AND OTHER SPECIFIED USES j REGULATING AND LIMITING THE HEIGHT AND BULK OF BUILDINGS. AND STRUCTURES AND THE AREA OF BUILDING SITES COVERED THEREBY AND PROVIDING FOR BUILDINCl AND UBE PERMITS j DEFINING THE TERMS USED HEREIN j PROVIDING FOR - THE ENFORCEMENT AND AMENDMENT OF S1UD .0RDINANCEj PROVIDING PENALTIES FO~ ITS VIOLATION, t1BY AMENDING PARAGRAPH TWO, OF SECTION THHEE THEREOF. Adopt Ordinance No. 412 Amending Ordinance #400 & Repealing Ord. #374 - re Uniform Bldg. Code On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman Shirley, seconded by Councilman Patterson, and by the folloWing called vote, the ordinance amend- ing Ordinance,No. 400 and repealing Ordinance No. 374 was passed and adopted: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--nonej Absent--none. ORDINANCE NO. 412 AN URGENCY ORDINANCE AMENDING ORDINANCE NO. 400 OF THE CITY OF LIVERMORE BY ADDING TWO NEW SECTIONS TO CHAPTER 2, OF PART I OF THE UNIFORM BUILDING CODE, 1958 EDITION PUBLISHED BY THE PACIFIC COAST BUILDING.OFFICIALS CON- FERENCE, TO BE NUMBERED SECTIONS 203 (bl) AND 204 (a), AND REPEALING ORDINANCE NO. 374- .., "" .. .-..- : __"'~"'OII!" ,>r"'~ "" 1I"'t ~.~,' .,.... t._~;c; .,,.' <,~. ..~. .:I'.;,i,,1,,::,;' 1,;'1il. ......., I-l Q X > = ~ ~ t:J ~ '.. ,"'fl :>; .. MAY 4 1959 413 Proposed Ordinance Amending Ord. #328, Sales Tax A proposed ordinance amending Ordinance No. 328, sales tax was given a first reading and on motion of Councilman Patterson, seconded by Councillnan McClaskey, and by the following called vote was ordered filed: . Ayes.-- Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Communications A. copy of the minutes of the Housing Authority for the meeting of March 17, 1959. Payroll and Claims Twenty-seven claims amounting to a total of $10,383.45 were audited by the City Manager and on motion of Councilman Patterson, seconded by Councilman Medeiros, and by the following called vote were approved as presented: . Ayes --Councilmen r~cClaslcey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. i i I I i ~ Grant Permission to Construct 5 Model Homes r~. Parness reported that Nojet Company has requested permission to construct fiv~model homes in Tract 2022 before the final map is submitted. The Council authorized the issuance of a conditional use permit for the construction of five model homes subject to the condition that a bond be posted, at $1500 per lot, curb, gutter and sidewalk be installed and that there be no connections to the sevier. Student Government Day Mr. Parness reported that Monday, May 18, 1959 will be High School student government day and students chosen to represent I i I the var~ous city officials will be entertained by their .counterpart of the city government on that day. Select Mayor for Additional 1 Year Term The Council again discussed the merits of having the Mayor serve a two year term or rotate each year. A motion was made by Councilman Patterson that the Council retain a two year term for the Mayor. The motion died for lack of a second. , J 414 MAY 4 1959 A motion was made by ,Councilman Shirley~ seconded by Councilman Mede:tros, to make a determination annually with a limit of two yearsj the motion passed by the following called vote: Ayes--Councilman McClaskey, Medeiros and ShirleYj Noes--Counci1man Patterson and Mayor Nordahl; Absent'--none. . On, motion of Councilman Patterson, seconded by Councilman Shirley, and by the following called vote, the annual date for determination will be the second meeting in April: Ayes--Council- men McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--nonej Absent--none. A motion was made by Councilman Patterson, and seconded by Councilman Shirley, to adjourn to an executive session. After discussion by the Council, Mr. Patterson withdrew his motion with the consent of the ~econd. On motion of Councilman Patterson, seconded by Councilman Shirley, and by the following called vote~ James Nordahl waE nominated to serve another term as Mayor: Ayes--Counci1men l\1cClaskey, Medeiros, Patterson and Shirley; Noes --none j (Mayor Nordahl abstained from voting) Absent--none. Select Vice-Mayor On motion of Councilman Shirley, seconded by Councilman Medeiros, and by the following called vote, Councilman Patterson Has nominated for Vice -Mayor: Ayes--Coul1cilmen McClaskey, rlJedeiros, Shirley and Mayor Nordahlj Noes--nonej (Councilman Patterson abstained from voting) Absent--none. Recess On motion of Councilman Patterson~ seconded by Councilman Medeiros~ and the unanimous vote of the Council, the meeting recessed at 12:10 A. M. to m2et Monday evening~ May 18, 1959 at 8 o'clock P. Ill. APPROVED: A~ST:~~ y C r Livermore, California MAY 1 8 1959 . . **$*$*$*$*$*$*$*$*$*$*$*$*$*$*$** ~-. -, -. - .'" - ,- _. -. -, -.. -. "..,-. ,:lif. :Ii!" .... " ~ .. _ ... ,... ~'~ , ,.. __ .. r_'~ t~ k1t ~ .. ~ ~ #;. lL~~ ~ i" ~ b~"t~1t "'. ~Il'r.j' ~ r "'~".-P'''' , -I ''''''''''''....' _ .... ~ Qi:. = fA tj ~ 0.... B .........~" MAY 1 8 1959 41 !l II Adjourned Regular Meeting, May 18, 1959 An adjourned regular meeting of the City Council was held on Monday evening, May l8, 1959, in the Library of the Livermore Union High School. The meeting was called to order at 8:01 P. M. Roll Call: Present--Councilmen Medeiros, Shirley and Mayor Pro-tempore Patterson; Absent--Councilman McClaskey and Mayor Nordahl. Minutes On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the minutes of the regular meeting of May 4, 1959 were approved as mailed. Bids on Replacement of Main Service & Installation of Fire Alarm Equipment for the Hall of Justice This being the time and place as set for the opening of bids on the Replacement of Main Service and Installation of Fire Alarm Equipment for the Hall of Justice, on motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, the acceptance of bids was closed. Bids were received from the following firms: Bal Electric Inc. $7,287. 8,340. Ed Hutka Electric These bids were referred to the City Man~ger for analysis and report. Public Hearing - Rezoning of Area Known as Industrial Annex Notice having been published for a public hearing on the rezoning of the area commonly known as the Industrial Annex from Zone R-l to Zone M-2, the hearing is now open. The City Clerk reported no written protests were filed and upon invitation by the Mayor for protestants to speak, it was I ' . I I determined that there were no oral protests. On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the public hearing was closed. 416 MAY 1 8 1959 ,.... Q :><: > = The City Attorney was instructed to prepare the proper ordinance rezoning this property. Reports . On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, the report of the Police Department, Poundmaster, and Fire Department for the month n ~ - of April, 1959 were accepted and ordered filed. Report of City Attorney - Opinion re Waiver of Storm Drain Fees (Community Hospital) A report was presented by the City Attorney submitting a written legal opinion regarding the right of waiver under the sewer connection fee ordinance, a copy of which is on file in the office of the City Clerk. Report of City Attorney - Opinion Re Sewer Connection Fees (Community Hospital) A report was presented by the City Attorney submitting a written legal opinion regarding the right of waiver under Sewer Connection Fee Ordinance, a copy of which is on file in the office of the City Clerk. w."".. tJ City Manager Report re Proposed Zoning Ordinance Amendments The City Manager" presented to the Council proposed zoning ordinance amendments. This matter was referred to a study session to be held by the City Council and Planning Co~ssian for the purpose of reviewing these items so that the proposed ordinance can be finally drafted. Report of Planning Commission Variance Application - Neil Givens A communication" dated May 13, 1959 was received from the Planning Commission recommending approval of the application for variance from side yard requirements to construct a fence on the o fj property line at 1390 Janis Court, submitted by Neil Givens. A motion was made by Councilman Medeiros, seconded by Councilman Shirley, to accept the recommendation of the Planning Commission, but upon further discussion, Councilman Shirley withdrew his second to the motion and Councilman Medeiros withdrew his motion. 'i~ "'~1;.' "...f ';:, ~:< MAY 1 B 1959 417 '''''1 ',..."p -- I I I I On motion of Councilman Shirley, seconded by Councilman Mede:1.ros, and the unanimous vote of the Council.1 the action of the Planning Commission was approved with the exception that the fence be maintained at the building line of the motel building, which ~ approximately eight feet. Resume of Planning Commission Meeting Appeal from Use Permit Conditions - Regan A report dated May 13, 1959 was received from the Planning Commission containing a resume of the action on use permit applications taken by the Planning COmmission at their meeting of May 12, 1959. A communication dated May 13, 1959 was received from John F. Regan, agent for Joseph A. Schenone appealing for reduction of side yard setbacks as relating street frontage in CO zones, as set forth in the pr9posed zoning ordinance, Section 13. The Council then discussed the matter. One of the conditions I applicable to a professional office zone under the proposed zoning ordinance is a 20' setback on all street frontages. This applicant requests a 5 foot width along So. K street instead of the required 20 feet; this would permit a greater amount of off-street parking on site. A motion was made by Councilman Shirley to uphold the recommendation ~f the Planning Commission_ The motion died for lack of a second. A motion was made by Councilman Medeiros to accept the Planning.Commission's recommendation except that a 15 foot side yard be maintained along So. K Street. The motion died for lack of a second. I I 1 1 The matter was continued to the next regular meeting of the Council on June 1st and it was requested that this matter be dis- cussed at the Planning Commission study session on May 19, 1959. .. Request to Connect to City Sewer Line A communication dated May 1, 1959 was received from the State of California Division of Highways requesting permission to 418 MAY 1 8 1959 t-* Q :>< > = connect their Maintenance Station at Livermore near the intersection -, of Alviso Place and Livermore Boulevard to the City sewer line. The City Manager was instructed to suggest to the Division of Highways that they apply for annexation. Petition for Annexation of East Ave. Annex #4 Refer to Boundary Comm. for Report This application for annexation of East Avenue Annex #4 was postponed from last meeting; the matter of payment of annexation fees by presently occupied parcels has been resolved. On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, the City Clerk was instructed to refer this petition to the County Boundary Commission for report. Grant Application for Solicitors Permit & Exempt Business License - YMI An application for an exempt license fee and solicitors permit was submitted by the Young Men's Institute to conduct a dance for the benefit of the parish debt fund. On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the application was approved and the issuance of an exempt permit and license were authorized. ~ EJ ~~..'.:.. .' ~ l.<: Request for Annexation - Nojet Co. Inc. & Livermore Stockmen1s Rodeo Ass1n. A communication was received from Bojet Co., .Inc. and the Livermore Stockmen's Rodeo Association requesting annexation of Pacific Avenue as it extends easterly from Live~ore Avenue. Nojet Company is required to improve.this area.for a public street in connection with the development of a neighborhood shopping facility. It is necessary that the property be annexed to accommodate this purpose. On motion of Councilman Shirley, seconded by Counc~lman Medeiros, and the unanimous vote of the Council, the City Clerk was instructed to refer this petition for annexation to the 'County Boundary Commission for report. bl,..'.. riI ",",..."'l~" 'ITry "". L,i ~ .'f .. 4e' ~ "'~~...~'" ~.~rl!l' "'.. ~ ,j!~, ~ .... . " " .~::t~ , ~ "'I'" W' ~ t' ~. .r,:,,,,,.,,,,..,..,<$i; ''i~2i,',";l-'1!Iii, MAY 18 1959 419 Appoint Housing Authority Commissioner (Martin) The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen Medeiros, Shirley and I . I , Mayor pro-tempore Pattersonj Noes--nonej Absent--Councilman McClaskey and Mayor Nordahl. Resolution #6~ RESOLUTION APPOINTING ~ OF THE HOUSING AUTHORITY Authorize Execution of Reservation of Rights Agreement The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following , called vote was passed: Ayes--Councilmen Medeiros, Shirley and Mayor pro-tempore Patterson; Noes--none; Absent--Councilman McClaskey and Mayor Nordahl. , . Resolution ~8-~9 RESOLUTION APPROVING CON AC WITH EAGLE STAR INSURANCE COMPANY, LTD. RELATING. TO RESERVATION OF RIGHTS ON THE PART .OF SAID INSURANCE COMPANY ON THE LIABILITY INSURANCE POLICY ISSUED BY SAID . COMPANY ON LIVERMORE SKY RANCH . Accept Agreement and Bonds Tract 1990 - Jensen Development Corp. The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen Medeiros, Shirley and Mayor Pro-tempore Patterson; Noes--none; Absent--Councilman McClaskey and Mayor Nordahl. . . Resolution = RESOLUTION ACCEPTING AG T AND BONDS FOR IMPROVEMENTS TO TRACT 1990 Approve Subdivision Map Tract 1990 - Jensen Development Corp. The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen Medeiros, Shirley and Mayor pro-tempore 'Patterson; Noes--nonej Absent--Councilman McClaskey and Mayor Nordahl. Resolution ~7~9 RESOLUTION APPROVIN OF THE SUBDIVISION OF TRACT 1990 420 MIl,'( 1 8 ",:lJ:: t-\ Q ><: > = Amend Annexation Policy The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen Medeiros, Shirley and Mayor pro-tempore Patterson; Noes--none; Absent--Councilman QQ,' II McClaskey, and Mayor Nordahl. . Resolution ~7l-69 RESOLUTION FIXING AND ADO TJ.N A STATEMENT OF POLICY AND FEES IN BE~CE TO' ANNEXATION OF TERRI'1'ORY TO THE CITY OF LIVERMORE, AND RE.SCINDING RESOLUTION , ,NO. 47 -57 - ',' .' ' Accept Easement for Industrial Trunk Sewer Lines James R. Dalziel et al The fol~owing resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen Medeiros, Shirley and . Mayor pro-tempore Patterson; Noes--none; Absent--Councilman McClaskey and Mayor Nordahl; . Resolution 172-59 RESOLUTION ACCEPTING aftANT OF EASEMENT FOR , INDUS~J:AL: TRUNIt SEWER LlNJJ:S Adopt Ordinance Amending Ord. '#328 - Sale s Tax On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, the reading of the ordinance was waived. I On motion of Councilman Shirley, seconded by Councilman Medeiros, and by the 'following called vote, the ordinance amending Ordinance No. 328 regarding sales tax was passed and adopted: Ayes-- Councilmen Medeiros, Shirley and Mayor pro-tempore Pattersonj Noe&-- none; Absent--Councilman McClaskey and Mayor Nordahl. ORDINANCE NO. 414 AN ORDINANCE OF THE CITY OF LIVERMORE, IMPOSING A CITY SALES AND ,USE TAX; PROVIDING FOR THE PERFORMANCE BY, '!HE ST4m ,BOARD OF EQUAL;l:ZATION ,OF ALL FUNCTIONS INCIDENT, TO THE ADMINISTRATION, OPERATION AND COLLECTION OF THE. SALES, AND USE TAX FRRRRY IMPOSED; SUSfENDING THE PROVISIONS OF ORD;INANcEs. 'NOS. 271,,274,. 282 ,AND .283 ' I':'.,...,.....' DYR~g . SUgH TIME.AS TIi:rs ORDINANCE IS OPERATIVE; AND PROVIDINQ _ PENl):,'!'IES FOR VIOLATIONS TIiERBOF; AND REPEALING ORDINANCE NO. 328, EFFECTIVE JULY: .1, 1959 ,OR THEREAFTER AS JU!;REDJ .PROVIDED. *"..-..,~..,w_ti,.i;~",,;;r:.: ::::r_..w~i...t ,1'~"'..:-"-'.1UI. MAY 18 1959 421 ~ Proposed Ordinance Amending Ord. #191 I. Schuman - Commercial Bldgs. A proposed ordinance amending Ordinance No. 191, rezoning property in Block 20, Map of the Town of Livermore from Zone R-2 to Zone C-l to accommodate commercial buildings was given a first reading and on motion of Councilman Medeiros, seconded by Councilman Shirley, and by the following called vote, was ordered filed: Ayes-- Councilmen Medeiros, Shirley and Mayor pro-tempore Pattersonj Noes-- nonej Absent-- Councilman McClaskey and Mayor Nordahl. Proposed Business License Ordinance The proposed business license ordinance was given a first reading and on motion of Councilman Medeiros, seconded by Councilman Shirley, and by the following called vote, was ordered filed: Ayes-- Councilmen Medeiros, Shirley and Mayor pro-tempore Pattersonj Noes-- nonej Absent--Councilman McClaskey and Mayor Nordahl. Accept Donation to Library Book Fund in Memory of Elven T. Ellefson j A communication dated May 8, 1959 was received from the Librarian submitting $157 in checks donated to the Library Book Fund in memory of Mr. Elven T. Ellefson, recently deceased.. The Council instructed that this money be deposited to the credit of the book fund of the City Library. Request Financial participation (2) A communication dated May 7, 1959 was received from the Joint Labor-Management Committees of the East Bay for 1959 regarding financial partiCipation in the Annual Apprenticeship Completion Ceremony. On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, the request for financial assistance was denied as the City cannot lawfully appropriate funds for such a purpose. A communication dated April 28, 1959 was received from the County of Alameda, Veterans Affairs Commission regarding financial participation in the Veterans Day Observance. On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, the request for 422 M~'{ 18 1959 ~ o :>< > = financial participation was denied as the City cannot lawfully appropriate funds for such a purpose. payroll and Claims Seventy-six payroll claims and fifty-five claims amounting to a total of $l37,086.25 were audited by the City Manager and on motion of Councilman Medeiros, seconded by Councilman Shirley, and by the following called vote were approved as presente,d: Ayes-- Councilmen Medeiros, Shirley and Mayor pro-tempore Patterson; Noes--nonej Absent--Councilman McClaskey and Mayor Nordahl. ~ Accept Resignation of Director of Public Works Mr. Parness read a letter of resignation from Donald M. Bissell, Director of Public Works, to become effective July 1, 1959. On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, the resignation was accepted with sincere regret. Recess On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote o~ the Council, the meeting recessed at 9:55 P.. M. to meet Monday evening, May 25, 1959 at 8 o'clock D " i P. M. APPROVED: r D:U~A~T:~{l/J- _ Mayor ,y er , ' Livermore, California JUN 1 1959 . **@*@*@*8*8*@*8*(j*@*@*@*@*@*@*@** -- ------~ --~.--- - - - u.'.",.-, u ~, . .:.w..tl ""'"....... . _.. M! .. ",'.' , . _~_w....._ '.1> ff>l1., , ...' . ~ ~ , '..."'1' ;.... "''''' '"~"l"l'l!""" "W' ~, i!f' 1 J'\1 \, a. ........'l".~._"......" "" -''llIl'" ''', ~ ';'''J'' . , ...,,~.. MAY 2 5 19~9 423 ~ Adjourned Regular Meeting, May 25, 1959 An adjourned regular meeting of the City Council was held on Monday evening, May 25, 1959, in the Library of the Livermore Union High School. The meeting was called to order at 8:05 P. M. Roll Call: Present--Councilmen McClaskey, Medeiros, Patterson and Mayor Nordahl; Absent--Councilman Shirley. Adopt Business License Ordinance On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman Patterson, seconded by Councilman Medeiros, and by the following called vote, the business license ordinance was passed and adopted: Ayes--Councilmen McClaskey, Medeiros, Patterson and Mayor Nordahlj Noes--nonej Absent--Council- man Shirley. ORDINANCE NO. 415 ORDINANCE LICENSING TRANSACTION AND CARRYING ON .OF BUSINESS, TRADES, PROFESSIONS, CALLINGS AND OCCUP AT:rONS IN THE CITY OF LIVERMORE FOR THE PURPOSE,OF RAISING MUNICIPAL REVENUE AND PROv:rDING PENALTY, FOR THE VIOLATIONS THEREOF AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. Accept Easement for Industrial Sewer Line Coast Manufacturing & Supply Co. The following resolution was read and introduced by Council- man Patterson, seconded by Councilman McClaskey, and by the follow1ng called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson and Mayor Nordahl; Noes--none; Absent-- Councilman Shirley. Resolution ~73-59 RESOLUTION ACCJ.$r'l'~G GRAN OF EASEMENT FOR INDUSTRIAL SEWER - COAST MANUFACTURING AND SUPPLY COMPANY Award Bid on Replacement of Main Serv1ce& Installation of Fire Alarm Equipment for the Hall of Justice The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--none; Absent--none. 424 MAY 2 5 1959 Resolution 174-59 RESOLUTION A~ARDING BID. ON REPLACEMENT OF MAIN _ SERVICE .AND: INSTALLATION OF FIRE, ALARM ~QU:IP.lIENT .AT JW:,L, OF JUSTICE, Councilman Shirley was seated during the discussion on the award of bid. A motion was made by Councilman Shirley, seconded by Council- man Medeiros, and passed by the unan~ous vote of the Council~ to authorize that the amount of $685., in addition to the above bid, be appropriated toward the installation of an intercom system and a circuit check. Adjourn On motion Of Councilman Patterson, seconded by Councilman McClaskey, and the unanimous vote of the Councill the meeting adjourned at 8:30 P. M. APPROVED: (. ~ [):X~ ATTEST:~~~ . Mayor :- , . C C er , " , JUN 1 1959 Livermore, California **&*&*&*&*&*&*&*&*&*&*&*&*&*&** . ~.;,~ ";i"~~ ) . '-. .J."j ~ Q ::< > = ~,',',. ~ ~'"'" ',',', .~~,.. .-40~ ; .'?' rrl""~.j~~ JUN 1 1Cl59 425 II ! I Regular Meeting, June 1, 1959 A regular meeting of the City Council was held on Monday evening, June 1, 1959, in the Library of the Livermore U~ion High School. The meeting was called to order at 8:01 P. M. Roll Call: Present--Councilmen McClaskey, Medeiros, Patterson, and Mayor Nordahlj Absent--Councilman Shirley. Minutes (2) On motion of Councilman Patterson, seconded by Counci~an Medeiros, and the unanimous vote of the Council, the minutes of the adjourned regular meetings of May 18 and May 25, 1959 were approved as mailed. Bids on Improvement of a Portion of East Avenue . This being the time and place as set for opening of bids for the improvement of a portion of East Avenue adjacent to the East Avenue Elementary School, on motion of Councilman McClaskey, seconded by Councilman Medeiros, and the unanimous vote of the Council, the acceptance of bids was closed. Bids were received from the following firms: 1. O. C. Jones & Sons 2. A. Teichert & Son 3. Gee Company 4. Williams Bros. 5. Redgwick & Banke, Inc. 6. Rose & Matoza Const. Co., Inc. $3,009.50 ,2,149.00 2,492.50 3,622.00 2,559.50 3,297.50 On motion of Councilman Medeiros, seconded by Councilman Patterson, the bids were referred to the City Manager for study and analysis and report at the next meeting. Councilman Shirley was seated during the opening of bids. Public Hearing on Abandonment of a Portion of Stanford Way ~is being the time and place as set for public hearing of - 1 any objections to the abandonment of a portion of Stanford Way, the I I I hearing is now open. The City Clerk reported no written protests were filed and upon invitation by the Mayor for protestants to speak, it was determined there were no oral protests. 426 JUN 1 1959 ~ o >c: > = On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the public hearing was closed. (See Res. #76-59) Reports On motion of Councilman Patterson, seconded by Councilman Shirley, and the unanimous vote of the Council, the report of the Justice Court for the month of April, 1959 was accepted and ordered filed. I Resume of Planning Commission Meeting A report was received from the Planning Commission contain- ing a resume of the Planning Commission's action on use permits at their meeting of May 26, 1959. No action was taken. ~"'T# E'f,{r f"~;V Report from Planning Commission /.i IVNC Y A/" I Petition for Annexation - 359 Acres NE of Livermore A report dated May 27, 1959 was received from the Planning Commission recommending to the City Council denial of a petition to annex to the City an area containing 359 acres, lying easterly of Livermore north of Highway 50. ~ t1 Mr. Schenone, attorney for the developer, requested that discussion on the matter be postponed until they can gather data for presentation to the Council. On motion of Councilman McClaskey, seconded by Councilman Medeiros, and the unanimous vote of the Council, the City Clerk was instructed to refer the petition to the Alameda County Boundary Commission for report. . Report From City Manager Re AEC Contract Negotiations Mr. Parness reported on a communication received regarding our contract negotiations with the Atomic Energy Commission. This communication was referred to the City Attorney to research the citations listed in the letter in preparation for a joint meeting with representatives from the AEC so that a conclusive and final draft of legal arguments can be approved by them prior to submission ~ to Washington. , ...~ -.... J"lI'''' ~~ ..' ,:t ~o: I<"I~' 1..> ~ , ," wt""~t "". . .,..... '_ ~c ... JUN 1 19!'O 427 Ii Appeal from Use Permit Go~ditions John Regan Agent for Joseph Schenone The Council again discussed the appeal of John F. Regan, agent for Joseph A. Schenone regarding set back requirements on street frontages in a CO zone, as set forth in the proposed zoning ordinance with particular reference to a use permit application I , ; I granted by the Planning Commission for an office building to be moved to the southeast corner of West 4th and South K Streets. Mr. Regan and Mr. Schenone were both present at the meeting and presented their arguments for reduction of set back in this proposed zone. The Council felt the standards for the CO zone should again be reviewed by the Planning Commission and upon the consent of Mr. Regan and Mr. Schenone, the matter was postponed to a joint study session with the Planning Commission next Monday evening, June 8th, with official action to be taken at the meeting of June 15, 1959. Petition for Annexation- Industrial Annex #2 (Vicinity of Maple Ave., pal.m Ave. & Intersection of Vasco Road A petition has been received requesting annexation of property situated in the vicinity of Maple Ave., Palm Ave. and intersected by Vasco Road. The site is located immediately north and abutting the present City Boundary and consists of approximately 47 acres. - ! I On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, the City Clerk was instructed to refer-the petition to the Alameda County Boundary Commission for report. Grant Application for Solicitors Permit & Exempt Business License - Liv. Jr. Chamber of Commerce An application for an exempt license fee and solicitors perm~t was submitted by the Livermore Junior Chamber of Commerce to hold a public dance on June 13, 1959. On motion of Councilman Patterson, seconded by Councilman Shirley, and the unanimous vote of the Council, the application was approved and the issuance of an exempt permit and license were authorized. 428 JUN 1 1959 ~ o x :::- = Acceptance of Map of Tract 1993 Postponed As the developer of Tract 1993 does not have the agreement and bonds ready for presentation to the Council, the matter was postponed. Accept Grant of Easement Storm Drains - Sunset Development Co. The following resolution was read and introduced by Counci~ man Patterson, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #7~-59 GRANT OF !ASEMENT FOR TORM DRAINS IN. THE CITY OF LIVERMORE . m Abandonment of a Portion of Stanford Way The following resolution was read and introduced by Council- . man Patterson, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros" Patterson, Shirley and Mayor Nordahl; Noes--nonej Absent--none. Resolution~6-~9 RESOLUTION ORDERING '.l1{g LO ING UP AND ABANDONING OF ALL THAT PORTION OF STANFORD WAY IN THE CITY OF LIVERMORE, AS SAID PORTION OF STANFORD WAY, IS PARTICUL~Y DESCRIBED IN, ORDINANCE NO. 4lQ OF THE, CITY OF LIVERMORE .DULY PASSED AND ADOPTED BY THE CITY. COUNCIL OF THE CITY OF LIVERK>RE ON ,THE , 6TH DAY OF APRIL,' 1959. ~ Authorize Mayor to Execute Quitclaim Deed for 1 Ft. Barrier at the End of Sunset Drive (Tract 1821) The following resolution was read and introduced by.Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, ... Patterson, Shirley and Mayor Nordahlj Noes--none; Absent--none. Resolutio~77-t6 RESOLUTION AUTHORIZING MA R TO EXECUTE QUITCLAIM DEED FOR l' BARRIER EXISTING AT THE END OF SUNSET DRIVE - . Proposed Ordinance Zoning to Zone M-2 Area Known as the Industrial Annex A proposed ordinance zoning to Zone M-2 that area known as the Industrial Annex was given a first reading and on motion of Councilman Shirley, seconded by Councilman McClaskey, and by the following called vote was ordered filed: Ayes--Councilman McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes-- ~ none; Absent--none. 1f fIt'i\! .,. ,. r" ... . ~ .' ',' rJ i\, ~Mt. -4' .. ~....,- ~"!/f!i'o' ~.," . tt;',.. .. ~ " ' 'it- , .' JUN 1 19~9 429 Adopt Ordinance Amending' Ord. #191 I. Schuman - Commercial Bldgs. On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the reading ,- I i of the ordinance was waived. On motion of Councilman Shirley, seconded by Councilman Medeiros, and by the following called vote, the ordinance amending Ordinance No. 191 was passed and adopted: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes-- nonej Absent-- none. I : ORDINANCE NO. 416 AN ORDINANCE AMENDING ORDINANCE NO. 191 ENTIrrLED "AN ORDINANCE PROVIDING FOR THE CREATION WITHIN THE INCORPORATED AREA OF THE CITY OF LIVERMORE OF CERTAIN ZONES AND IN THE SEVERAL ZONES THEREBY . CREATED DESCRIBING THE CLASSES OF BUILDINGS" STRUCTURES AND IMPROVEMENTS; REGULATING I RESTRICT- ING AND SEGREGATING THE LOCATION OF DWELLINGS, APARTMENTS, TRADES, BUSINESSES, AND INDUSTRIES AND OTHER SPECIFIED USES: REGULATING AND LIMITING THE HEIGHT AND BULK OF BUILDINGS AND STRUCTURES AND THE AREA OF BUILDING SITES COVERED THEREBY AND PROVIDING, FOR BUILDING AND USE PERMITS; DEFINING THE TERMS USED HEREIN; PROVIDING FOR THE ENFORCEMENT AND AMENDMENT OF SAID .ORDINANCE; PROVIDING PENALTIES FOR. ITS VIOtATION," BY AMENDING PARAGRAPH THREE OF SECTION THREE THEREOF. Communications A communication dated May 26, 1959 was received from Allen1s Ambulance Service requesting that an agreement be set up with regard to the paYment.of indigent ambulance calls that are received from the Police Department. Mr. Parness reported that information is being sent from the League of California Cities on current practice for this matter in other cities and when it is received he will report to the Council. A communication dated May 2Q, 1959 was received from the Livermore Chamber of Commerce presenting their budget for the coming fiscal year. This was referred to the City Manager for future Council consideration during preliminary budget review. A copy of the minutes of the Housing Authority for their recent meeting of April 21, 1959. A communication dated May 21, 1959 was recreived from Mr. & Mrs. J. LaPointe regarding hazardous trees in the parking strip. 430 JUN 1 1959 The Council discussed this matter in order to determine who is responsible for the maintenance of the trees. The City has neither the staff nor the means to take care of them; under the present policy, if a person wishes to remove a tree in the parking strip, permission is given by the city provided another tree is planted in its place. A plan regarding trees in the parking strip will be discussed at a study session in the near future. Payroll and Claims Sixty payroll claims and twenty-six claims amounting to a total of $66,883.31 were audited by the City Manager and on motion of Councilman Patterson, seconded by Councilman Shirley, and by the following called vote, were approved as presented: Ayes-- Councilmen McCl~skey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Recess The Council then recessed, at 10:10 P.. M. to meet Monday evening, June 15, 1959 at 8 o'clock P. M. A=T~~_ y er APPROVED: 1 a....... I:J · V( ~ . i Mayor ' Livermore, cal1rorn~/J~/f.J7. * *&*&*&*&*~*~*&*&*&*&*&*&~&** . -- - -....,.... -.,.... -. - -.... - - - -.'-- , ,,..' 11 .. h . , " llI""" '" t" ',. _. , ..,.,., .. t 'Il\~r l~ - , ~ ... ,j\ .. ,i ':>. , .. t.t'i I.:"',,, .....~q'... ~ o >< go.. = ~ B D.,~ t1 .,....:j; _ l' '';.a.L.. JUN 1 5 1959 ~t31 ;1 Adjourned Regular Meeting, June 15, 1959 An adjourned regular meeting of the City Council was held on Monday evening, June 15, 1959, in the Library of the Livermore Union High School. The meeting was called to order at 8:04 P. M. , Roll Call: Present--Councilmen Medeiros, Shirley and Mayor Nordahl; Absent--Councilmen McClaskey and Patterson. Minutes On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote. of the Council, the minutes of the regular meeting of June 1, 1959 were approved as mailed. Public Hearing - Weed Abatement This being the time and place as set for receiving the report from the street Superintendent and hearing of objections of property owners liable for assessment for the abatement of weeds, the hearing is now open. The City Clerk reported no written protests were filed and upon invitation by the Mayor for protestants to speak, Mrs. Marguerite DePaoli spoke regarding the lot at the southeast corner of W. 7th Street and So. G Street which has been cleaned by the City, and protested the amount that was charged for this service. ~fter some discussion by the City, on motion of Councilman Patterson, seco~ded by Councilman Shirley, and the unanimous vote of the Council, the protests were overruled. Councilman Patterson was seated during the above discussion. On motion of Councilman Shirley, seconded by Councilman Patterson, and the unanimous vote of the Council, the Council confirmed the report from the Street Super~ntendent regarding assessment for the abatement of weeds. Reports On m9tion of Councilman Medeiros, seconded by Councilman Patter.son, and the unanimous vote of the Council, the report of the Fire Chief, Police Chief and Poundmaster for the month of May, 1959 were accepted and ordered filed. 432 ' JUN 1 5 1959 ~ o x > = Report of D1rector of Public Works on Storm Drain Bids - Jensen Development Corp. Director of Public Works D. M. Bissell reported on the storm drain bids received by Jensen Development Corp. and referred to the City for approval, as required by the contract with the Ci ty. The bid of San Leandro Pipe Co. in the amount of $49,406.89 was the lowest bid; the City's portion of this would be approximately ll~ or about $5,500. On motion of Councilman Shirley, seconded by Council- man Patterson, and the unanimous vote of the Council, the bid of San Leandro Pipe Co. as outlined above was approved. Resume of Planning Commission Meeting A report dated June 12, 1959 was received from the 9 Planning Commission containing a resume of the action on use permit applications taken by the Planning Commission at their meeting of June 9, 1959. No action was taken. Planning Commission Recommendation on Referral from County re Record of Survey - R.N. Jensen Accept Deed to 9' Strip at Side of Claremont Ave. for Public Street Purposes A communication dated June 12, 1959 was received from the Planning Commission recommending to the Council approval of the Record of Survey submitted by Roy N. Jensen on property located adjacent to East Avenue. Also a deed to a 9 foot strip of land on the south side of Claremont ; Avenue west of Jefferson Avenue to the City Boundary was presented, which will allow the installation of a street conforming to City standards adjacent to the proposed Record of Survey. The following resolution was read and introduced by Councilman Patterson, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--nonej Absent--Councilman McClaskey. Resolution ~78-69 RESOLUTION ACCEPTING 1DSI5U TO A . FO T STRIP ON SOUTH SIDE OF CLAREMONT AVENUE WEST OF JEFFERSON AVE. TO THE CITY BOUNDARY (FOR STREET PURPOSES) I ...i;,.,.-~-~ .,' Co _"',: .,,"~'-- ~~il!h)'i':;: ltlt I~'" 9' l @.. " ~"", JUN 1 5 1~~~ 433 I: I I Recommendation of Planning Commission Referral From County on Application for Swim Club A communication dated June 12, 1959 was received from the Planning Commission recommending approval of the application of Glenn H. Coffey (Las Positas Swim Club) to permit the establishment and operation of a private recreation center on East Avenue west of Vasco Road, subject to the requirements imposed by the County Planning Commission. On motion of Councilman Medeiros, seconded by Councilman Patterson~ and the unanimous vote of the Council, the recommendation of the Planning Commission was accepted and the City Clerk was to so inform the County Planning Commission. Recommendation of Planning Commission Referral from County on Rezoning Application of E. Brady A communication dated June 12, 1959 was received from the I i Planning Commission regarding the application for rezoning of the Brady property on the south side of College Avenue to R-4 zoning. Mr. Brady was present at the meeting stating the County had postponed action of his application so that he could present it to the City for their recommendation and he wished to know if the Council would also require the RG zone. The County zoning would require at least 2000 sq. ft. of gross lot area per dwelling unit, which would equal our present RM zone in the proposed zoning ordinance. However, since this site is located in a single family residential zone and not suggested for multiple residential use by the General Plan, the Planning Commission has recommended that the standards contained within the newly drafted Garden Apartment District (RG) be used. This would require 2,800 sq. ft. of gross lot area per unit. The Council felt they could not make a decision until they i : I ; studied this proposed new RG zone, and on motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote . " of the Council, the Council will meet with the Planning Commission next Monday evening to discuss this matter and make a recommendation to the County Planning Commission. 434 JUN 1 5 1959 Report Re Damage to Police Motor Cycle On April 3, 1959 some minor damage was sustained by our police motor cycle while patrolling the parking area at the A & W Root Beer stand on E. First Street. The cost of repairs is $55.07. The insurance carrier representing the private party involved, Kamp Furniture Co., has denied liability. The City Attorney is of the opinion that damage can be awarded to the City of the matter is taken to small claims court. On motion of Councilman Shirley, seconded by Councilman Patterson, and the unanimous vote of the Council, the Council authorized commencement of small claims action. Appeal from Use Permit Conditions (Cont...) John Regan Agent for Joseph SchenOne The matter of a use permit to place an existing building on the corner of W. 4th and So. K Streets to be used as an office building and a determination re side yard was postponed for decision at this time. This matter has been thoroughly discussed at a stUdy session and on motion of Councilman Shirley, seconded by Councilman Patterson, and by the following called vote, the appeal was denied and the standards as set forth in the proposed zoning ordinance will apply, that is, a 15 foot side yard set back and a l5 foot front yard set back: Ayes--Councilmen Patterson, Shirley and Mayor Nordahl; Noes--Councilman Medeiros; Absant--Councilman McClaskey. Petition for Annexation - 359 Acres NE of Livermore The matter of a report from the Planning Commission re a petition for annexation of approximately 359 acres of land located on the north side of Highway 50, easterly of Livermore was postponed to the next regular meeting, July 6, 1959. Discussion on Community Hospital Fee Waiver The matter of the community hospital fee waiver for storm , drainage and sewer connection fees was again discussed. Mr. Karl Wente, representing the hospital committee, was present at the meeting and suggested that he and members of his committee meet with ..p'~ ':# ~,wa.lf~r4lir' .... .. . 1flf'ir' ~ .' " ., ... ,..~~.. "" ~ ~.~:l '~~".-' , !'-?I[- ,. t; . ~\~~., ~ o X > = I . I I , E1 JUN 1 5 1959 435 II the City staff to discuss other fees which may be involved in the development of the hospital. Mr. Wente will make an appointment with the City Manager to discuss this matter. Authorize Execution of Agreement with Jensen Development Corp. for Sanitary SeweI'j.~ines The following resolution was read and dntroduced by Council- man Medeiros, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McClaskey. Resolution ~9-~9 RESOLUTION APPROVING CONTRA W TH JENSEN DEVELOPMENT CORPORATION RELATIVE TO CONSTRUCTION:: OF A12 INCH SANITARY SEWER TRUNK LINE IN LIEU OF AN 8 INCH SANITARY SEWER LINE IN TRACT 1990 Accept Agreement and Bonds for Improvements To Tract 2022 - Brama Corporation The following resolution was read and introduced by Council- man Patterson, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen Medeiros, Patterson, Shirley and Mayor Nordahl; .Noes--none; Absent--Councilman McClaskey. Resolution ~80-~ RESOLUTION ACCEPTING A REE T AND BONDS FOR IMPROVEMENTS ro TRACT 2022 I ! Approve Subdivision Map of Tract 2022 . ' Brama Corporation The following resolution was read and introduced by Council- man Patterson, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes~-Councilmen Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McClaskey. Resolution ~1-69 RESOLUTION APPROVING P F THE SUBDIVISION OF TRACT 2022 Accept Agreement and Bonds for Improvements to Tract 2028 - Ray O'Flyng, John Barton & Bill Thomas The following .resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following I ~ 1 I , I I called vote was passed: Ayes--Councilmen Medeiros, Patterson, -Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McClaskey. Resolution ~ RESOLUTION ACCEPTING AG T AND BONDS FOR IMPROVEMENTS ro TRACT 2028 436 JUN 1 !i 1959 ~ o :><: > = Approve Subdivision Map of Tract 2028 Ray O'Flyng, John Barton & Bill Thomas The following resolution was read and introduced by Councilman Medeir.os, seconded by Councilman Shirley, and by the following cal~d vote was passed: Ayes--Councilmen Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McClaskey. Resolution ~8~9 RESOLUTION APPROVIN ' OF THE SUBDIVISION OF TRACT 2028 rEI G Accept Agreement for Improvements to -Tract 1993 - B. A. Stifle The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McClaskey. Resolution '84-5~ RESOLUTION ACCEPTING Au~bNT R IMPROVEMENTS TO TRACT 1993 Approve Subdivision Map of Tract 1993 B. A. Stifle The following' resolution was-read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen Medeiros, Patterson, ~,., .~ ~Il' Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McClaskey. Resolution~85-59 RESOLUTION APPRO G MAP OF THE SUBDIVISION OF TRACT 1993 Award Contract for paving of a Portion of East Ave. Adjacent to East Ave. Elem. School - A. Teichert & Son The following resolution was read and introduced by Council- man Patterson, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McClaskey. Resolution #86~ RESOLUTION APPROVING CONTRACT WI A., TEICHERT & SON I INC. ,FOR PAVING OF POR'fION OF ~AST AVENUE ADJACENT TO EAST ,AVENUE ELEMENTARY SCHOOL .- Release of Claims Against Hilp & Rhodes The following"resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen Medeiros, Patterson, ~ Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McClaskey. Resolution 87- RESOLUTION OF BOND PURSUANT TO SECTION 1192.1 (f) OF THE CODE OF CIVIL PROCEDURE BYHILP& RHODES '......."''''''--lI'-.~. ,~..~ '..... J _Jj~_ '~" JUN 1 5 1959 43"1 I ! . I Authorize Effectuation of Uniform House Numbering System The following resolution was read and introduced by Council- man Patterson, seconded by Councilman Shirley, and by the following 'J, called vote was passed: Ayes--Councilmen Mede~~os, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent~-Councilman McClaskey. Resolution ~88-59 RESOLUTION OF THE CITY COUN IL F THE CITY OF LIVERMORE AUTHORIZING THE EFFECTUATION OF UNIFORM NUMBERING WITHIN THE CITY OF LIVERMORE Street Name Changes to Facilitate Adoption of New House Numbering System The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ay,es--G9uncilmen Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McClaskey. Resolutian #89-~9 RESOLUTION DESIGNATING CHANGE OF AME OF STREETS IN THE CITY OF.LIVERMORE TO FACILITATE THE ADOPTION OF A NEW HOUSE NUMBERING SYSTEM I 1 Accept Deed from Jensen Development Corp. l' Strips - Various Streets in Tract 1990. The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McClaskey. Resolution #90-59 RESOLUTION ACCEPTING DEDICATION OF 1 FOOT STRIPS DESIGNATED LOTS A,B, C AND D, TRACT 1990 . - Authorize the Advertising for Bids for an Air Conditioning System - City Hall The following resolution was read and introduced by Council- I man Patterson, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen Medeiros, Patterson, - , Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McClaskeu. Resolution #91-59 ' RESOLUTION ACCEPTING PLANS AND SPECIFICATIONS AND ORDERING THE CLERK TO ADVERTISE FOR BIDS FOR COOLING SYSTEM FOR GITY HALL i ' Notice o~ Proposed Annexation and Hearing of Objections Thereto - East Avenue Annex #4 The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen Medeiros, Patterson, 43tS JUN 1 5 1959 Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McClaskey. Resolution '22-g9 RESOLUTION GIVING NOTICE 0 PH POSED ANNEXATION OF UNINHABITED TERRITORY AND' OF HEARING OOR OBJECTIONS THERETO ' Adopt Ordinance Zoning the Area known as Industrial Annex to Zone M-2 On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman PattersonJ seconded by Councilman Medeiros, and by the following called vote, the ordinance zoning the industrial area to Zone M-2 was passed and adopted: Ayes-- Councilmen Medeiros, Patterson, Shirley and Mayor Nordahl; Noes-- none; Absent--Councilman McClaskey. ORDINANCE NO. 417 AN ORDINANCE AMENDING ORDINANCE NO. 191 ENTITLED "AN ORDINANCE PROVIDING FOR THE CREATION WITHIN. THE INCORPORATED AREA OF THE CITY OF LIVERMORE OF CERTAIN ZONES AND IN ,THE SEVERAL ,ZONES THEREBY CREA'l$D DESOm:~ING THE CLASSES .OF BUJ;LDING~J STRUCTURES AND IMPROVEMENTS; REGULATING, ~TRICT- ING AND SEGREGATING ~ LOC~TI.QN OF, DWELL:oqqS" APARTMENTSJ TRADESJ BUSINESSES, AND IN.DUSTRn:S AND 0'rHER SPECIFIED USES; REGULATING. AND LIMITING THE HEIGHT AND. BULK OF BUILDINGS AND STRUCTuREs AND nIB AREA OF BUILDING- SITES COVERED. ~ AND PROVIDING FOR BUILDING AND US~ PERMITS 1 DEFINING, THE TERMS USED. HEREIN; PROVIDING FOR THE, ENFORCEMENT AND AMENDMENT OF SAID .ORDINANCE; PROVIDING PENALTIES' FOR I'l'B. VIOLATIONJ n BY AMENDING PARAGRAPH SIX OF SECTION THREE THEREOF. Complaint Re Burning at St. Michael's School A communication dated June 19, 1959 was received from property owners in the vicinity of the st. Michael'S School object- ing to the smoke caused by burning at the school. Mrs. Roy Richey, one of the property owners, was present at the meeting regarding this complaint. This matter was referred to the Fire Department for check. At the present time there are no designated hours for burning and the Fire Chief will recommend to the Council the hours . when burning should be allowed. .... ~ CI> = ~ 6 til ~ '.,'" '"~''''' ,11m 1 !' 1o~q 439 Report from Chamber of Commerce Airport Committee A communication dated June ll, 1959 was received from the r-- : I I I Chamber of Commerce submitting a report from their Airport Committee. This report was referred to the City's Airport Advisory Committee and will be studied by the Council in the near future. Communicatioh Re Change of Name for Vallecitos Rd. A communication dated June 10, 1959 was received from Herbert H. Harrison, Postmaster, regarding the change of street name for Vallecitos Road. (See Resolution No. 89-59) ,Communication Re Improvements for Tract 2036 A communication dated June 10, 1959 was received from R. J. Foley, Attorney at Law, regarding improvements required for Tract 2036. This matter will be discussed at a study session. Payroll and Claims Seventy-six payroll claims'and forty-four claims amounting to a total of $l94,273.06 were'presented, and on motion of Council- l' I I I man Patterson, seconded by Councilman'Shirley, and by the following called vote were ordered paid as certified by the City Manager: Ayes--Councilmen Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McClaskey. Communication Re Annexation Fee - Trailmobile A communication dated June 12, 1959 was received from Mr. William Bowser of Hynes, Bowser & Brunn, attorneys for Trailmobile, Inc. regarping annexation fees; it was their understanding that the Trailmobile property was exempt from annexation fees. Mr. Parness was instructed to write Mr. Bowser explaining the City's policy regarding annexation fees and also state that the Council would be willing to discuss the matter at a joint meeting. Recess On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the meeting recessed at 10:40 P. M. to APP~VED:1. ~ b.I1~~ . ayor meet:',Monday evening, June 22, 1959 at 8 o'clock P.M. A~T:~~ y erk Livermore, California JUL 6 1959 . 440 . JUN 2 2 1959 ...... o X >- = Adjourned Regular Meeting, June 22, 1959 An adjourned regular meeting of the'City'Council was held on Monday evening, June 22, 1959 in the Library of the Livermore Union High School. The meeting was c~lled to order at 8:10 P. M. Roll Call: Present--Councilman McClaskey, Medeiros, Shirley and Mayor Nordahl; Absent--Councilman Patterson. Proposed Garden Apartment Zone (RG) At this time the Council discussed the proposed RG zone as recommended by the Planning Commission. Commissioners Kuenning and Mettler, members of the Planning Commission were present at the me~ti~g to discuss this proposed zone with the Council. A discussion was held regarding the standards to be applied to this zone and in which areas this zone would be most advantageous. It was agreed by the majority of the Council that the standards for the garden apartment zone RG would be 2800 sq. ft. of gross lot area per unit f9r a one story apartment and 2500 sq. ft. of gross lot area per unit for a two story apartment. Councilman Patterson was seated during the above discussion. Recommendation on County Application for Multiple Rezoning filed by Edwin Brady The Council then discussed the application of Edwin Brady for multiple residential rezoning on College Avenue and on motion of Councilman Patterson, seconded by Councilman Shirley, the Council voted unanimously to recommend to the County Planning Commission approval of the application to the equivalent of the City's proposed RG zone, garden apartments, which requires 2800 sq. ft. of gross lot area per awelling unit for a one story apartment and 2500 sq. ft. per unit for two or more stories. Accept Bond of Ed Hutka Electric (Electrical Work at Hall of Justice) The following resolution was read and introduced by Council- man Shirley, seconded by Councilman McClaskey, and by the following ~alled vote was passed: Ayes--Councilmen McClaskey, ~deiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. o ~ @ ~ ~ I I" If ~ ~ , . ~ .. f . - 4.",'" "1;7 - "''''" .1,' ~'....,..,,,..~...~~, - t ~ Uii._ ..1;:1 " _5t,~ "'",, .., "I.'."'" 4>l',",,'.4\"lIo)J>r.._ JUN 2 2 1959 441 Resolution ~-~9 RESOLUTION ACCEPTING FAITH ERFORMANCE & LABOR AND MATERIAL BONDS OF ED HUTKA ELECTRIC Adjourn On motion 'of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, the meeting I I adjourned at 9:00 P. M. APPROVED:~ Q.1t ~TTEST: rxVM ~ ~ / ;1 o --- Mayor - ~. EltyOCl~.-lC-- Li vermore, California JUL 6 1959 **$*$*$*$*$*$*$*$*$*$*$*$*$*$*$*$** . - I 442 JUl 6 1959 ..... o ><: ::I> = Regular Meeting, July 6, 1959 f\ regular meeting of the City Council was held'on MoIiday evening, July 6, 1959, in the Library of the Livermore Union High School. The meeting was called to order at 8:00 P. M. Roll Call:Present--Counc~lmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Absent--none. Minutes (2) On motion of Councilman Medeiros, seconded by Councilman Patterson, and the unanimous vote of the Council, the minutes of the adjourned regular meetings of June 15 and June 22, 1959 were approved as mailed. ~ Bids on Cooling System for City Hall This being the time and place as set for the opening of bids for a cooling system for the City Hall, 106 E. First St., Livermore, on motion of Councilman Patterson, seconded by Councilman McClaskey, and the unanimous vote of the Council, the acceptance of bids was closed. Bids were received from the following firms: ~ L1 1. Aladdin Heating Corporation 2. Superior Heating & Sheet Metal 3. Walnut Creek Sheet Metal 4. Linford .Air & Refrigeration Co. 5. Coast Ventilating & Heating Co. $6,100.00 .4,778.45 6,236.00 5,237.00 4,880.00 On motion of Councilman Shirley, seconded by Councilman Patterson, and the unanimous vote of the Council, the bids were referred to the City Manager for analysis and report. Public Hearing - 1959-60 Budget At this time the Mayor asked if any member of the audience wished to comment or question the contents of the proposed budget, and there were no objections either written or oral. A resolution appears on the agenda regarding the final adoption of the 1959-60 fiscal budget. fJ u Justice Court Report On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, the report of the Justice Court for the month of May, 1959 was accepted and ordered filed. . . ....- ....:11., J'!ii '" .. . #. ,," ~ "'"'f: .~';; I!-' , . , .. ;t;,. ," ~;1!,', ft~,~_. ~ ll!fiIIIf: "~.~.I' "'i" ._ "..., , _" H . .l i~ "~ .. " I~.:',_,. ~';';J '1Io;""'~1' JUl 6 1959 443 Report of Planning Commission Rezoning Application - Christian Science Society A communication dated June 24~ 1959 was received from the Planning Commission recommending the application for rezoning sub- mitted by the Christian Science Society for property located on the northwest corner of 3rd and So. N streets from Zone R-2 to Zone C-l to accommodate an addition to the church. On motion of Councilman Patterson, seconded by Councilman Shirley, and the unanimous vote of the Council, this matter was set for public hearing on July 20, 1959. Accept Agreement and Bonds Tract 2036 - Area Building Co. The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution ~-59 RESOLUTION ACCEPTING AG MENT AND BONDS FOR IMPROVEMENTS TO TRACT 2036 Approve Subdivision Map Tract 2036 - Area Building Co. The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Patterson, and by the followjng called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--nonej Absent--none. Resolution ~95-59 RESOLUTION APPROVI G MAP OF THE SUBDIVISION OF TRACT 2036 Resume of Planning Commission Meeting Request for Review of Application of James Duncan A report was received from the Planning Commission containing a resume of the action on use permit applications taken by the Planning Commission at their meeting of June 23, 1959. A 'request for review of the application submitted by James Duncan, et al for the construction of a service station on East Avenue and 7th Street has been filed by Councilman Shirley, stating the granting of this use permit is in conflict with the proposed zoning map which sets forth this area as residential. Also a communication dated June 30, 1959 was received from 444 JUl 61959 Earl S. Odell, attorney for the applicant, requesting the Council to consider the abandonment of a portion of Maple street adjacent to the subject property. Mr. Odell was present at the meeting and spoke on behalf of the applicant. Mr. S. G. Palmer was present and protested the application on behalf of Mr. Tuck, developer of the residential area adjacent to "this property. The Council discussed the matter and felt a traffic study and pattern should be worked out before a decision is made. On motion of Counciiman Shirley, seconded by Councilman Patterson, and by the following called vote, the Engineering Department was directed to prepare a traffic study of this inter- section for presentation at the study session next Monday evening and the matter again will appear on ,the agenda at the regular mee~ing of July 20th: Ayes--Councilmen Patterson, Shirley and Mayor Nordahl; Noes--Counc11men McClaskey and Medeiros; Absent--none. Appeal by Community Hospital Board from Use Permit Conditions The matter of the appeal by the Community Hospital board re- garding conditions imposed by the Planning Commission of a use permit was referred to a study session as members of the hospital - committee could not be present at this meeting. Report of City Manager Temporary City Engineer Mr. Parness reported that the office of City Engineer will be vacant as of July 11, 1959 and it is necessary that a temporary interim appointment be made of a registered civil engineer to serve as City Engineer for the purpose of signing documents that must be recorded. Dop Bissell has agreed to serve in this capacity without charge 80 long as no detailed engineering review is required. On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, the recommendation of the City Manager was accepted and Don Bissell was appOinted to serve as temporary City Engineer. ... ." ill'" " lit . .-.",,' , 'l._~ - ... ".... ""' . -. -'1 - ". : u.. - .. ~ o >< > = D B G ~ f;"',:." ......It JUt 6 19~9 445 Report of City Manager re Municipal Code Mr. Parness reported on the cost of printing and binding our municipal code and on motion of Councilman Shirley, seconded by Councilman Patterson, and the unanimous vote of the Council, the r I City Manager was authorized to contract with Michie City Publications Co. to print our municipal code. Report of City Mana~er - Airport Site Selection Prior to the selection of a new site for our proposed airport relocation, it is necessary to compare two primary factors for the two locations under consideration, land value and improve- ment cost. Mr. Parness reported that a qualified appraisal can be obtained on the two locations for a total price of $300. As to the improvement cost, a private engineering firm must be retained to investigate this matter. On motion of Councilman Patterson, seconded by Councilman Shirley, and the unanimous vote of the Council, the appraisal was authorized and the City Manager was instructed to investigate the engineering evaluation of the cost of development of the sites fer presentation at the next meeting. Proposed Annexation - 359 Acres NE of Livermore ;f;',?7h/./~zr,y /lY/vr / /1/0. / At this time the matter of the proposed annexation of 359 acres northeast of Livermore adjacent to U. S. Highway 50 was again discussed. Mr. Joseph A. Schenone, attorney for the developer, stated they have already presented information on what is planned for the area and there was no need for further presentation. The Council then discussed the matter. A motion was made r by Councilman Medeiros and seconded by Councilman McClaskey, that the Council approve this annexation. The Council then further discussed the proposed development and its location and also what it would mean to the City financially to provide pQlice and fire protection for this area. The City Clerk read a letter from Robert L. Wiiliams, Planning Director of the Alameda County Planning Commission, regarding this proposed annexation, a copy of which is on file in the City Clerk's office. 446 JUl 6 1959 ....., o x >- = Mr. Preston Barnes, representing a group from the Greenville area, stated that if this proposed area is taken into the' city, some consideration should be given to include all of the residential area and not skip from one place to another; this is a hazard to the City as well as to the property owners. Mayor Nordahl then asked if any member of the Council was ready to disclose a connection with this proposed annexation. Councilman McClaskey stated that his wife is now working for Thibault Realty, the firm handling the sale of this property but Mrs. McClaskey did not start working there until after the negotiations for the sale had already been commenced. Councilman McClaskey also stated he had checked with the City Attorney and also the'League of California Cities and legally there is no conflict. Mayor Nordahl stated that personally he felt that Councilman McClaSkey may not be legally involved but he is still morally in- volved and should not vote on the matter. G1,!.~ fffi Mr. Schenone requested Councilman McClaskey not to vote on the motion. The motion to approve this annexation lost by the following called vote: Ayes--Councilmen Medeiros; Noes--Councilmen Patterson, Shirley and Mayor Nordahl; (Councilman McClaskey abstained from voting) Absent--none. A motion was then-made by Councilman Shirley, seconded by Councilman Patterson, to deny the application for annexation; the motion passed by the following called vote: Ayes--Councilmen Patterson, Shirley and Mayor Nordahl; Noes--Councilman Medeiros; (CounCilman McClaskey abstained from voting) Absent--none. Application for Exempt Business & Solicitors License Oakland Junior Chamber of Commerce ! An application for an exempt license fee and solicitors permit was submitted by the Oakland Chamber of Commerce to allow the sale of refreshments during a sky-jumping tournament to be held at our municipal airport. i ,,, .., .", ,w.:. .', ,.t ."t} -.".. "'......~-It,~~~'''\#~ d' rl _ r ~ '" l. .pt~. ~ ~ "".. ;~ . . ~~; ,;' ~ ""~ ,- - ,'~ JUt 6 1959 447 ,,. , ...- On motion of Councilman Patterson, seconded by Councilman Shirley, and the unanimous vote of the Council, the application .was approved and the issuance of an exempt permit and license were authorized. I I Petition for Annexation - Edwin F. Brady A petition has been received from Edwin F. and Margaret O. Brady requesting annexation of his property on the south side of ,College Avenue, adjacent to the city boundary on the east. It was pointed out that a small parcel 53' x 150' was not included in this petition which would leave an island. The Council agre~d to. refer this petition to the Alameda County Boundary Commission with this small parcel included in the proposed annexation. The Mayor then declared a five minute recess. The meeting was called back to order at 10:00 P. M. Urge Decision on State College Site The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman McClaskey, and by the following . . called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayo~ Nordahl; Noes--none; Absent--none. Resolution #96-59 RESOLUTION RELATIVE TO THE ESTABLISHMENT OF A STATE COLLEGE IN SOUTHERN ALAMEDA COUNTY On motion of Councilman'Shirley, seconded by Councilman Patterson, the City Manager was instructed to attend the hearing next Monday before the State Public Works Board regarding further information on the State College site and to present the City's knowledge as to the prOblem of relocating airports. Adopt Salary Schedule for 1959-60 Fiscal Year The following resolution was read and introduced by Council- man Patterson, seconded'by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #97~9 A RESOLUTION OF THE CITY OF LI RMORE ESTABLISHING A ::mARY. SCHEDULE FOR_ 'rHE CLASSIFIED AND UNCLASSIFIED . EMPLOYEES OF THE CITY OF LIVERMORE' AND ESTABLISHING ' RULES FOR ITS USE, AND RESCINDING RESOLUTION NO. 97-58. 44tS JUl 6 ,1959 Adopt 1959-60 Budget The following resolution was read and introduced by Councilman Patterson, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and ,Mayor .'Nordahl; Noes--none; Absent--none. Resolution #98-~9 RESOLUTION APPROVING 195 ...60 FISCAL BUOOET Change Name of Vineyard ct. to Ventura Ct: The following resolution was read and introduced by Council- man Medeirds, secdnded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution ~99-59 RESOLUTION bESIGNATIN CHAffGE OF NAME OF STREET IN THE CITY OF ,LIVERMORE rro FACILITATE THE ADOPTION OF A NEW HOUSE NUMBERING SYSTEM . " Au~horize Bxecution of a Consent Agreement with P. G. & E. Company The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Counc~lmen Mcplaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #100~ RESOLUTION AUTHOtuZING.. CON T AGREEMENT WITH PACIFIC GAS &ELE9~IC COMPANY Authorize Execution of Agreement for Sanitary Sewer Connection with Jensen Dev. Corp. - 4317 Claremont Way The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following calle~ vote was passed: Ayes--Councilmen McClaskey~ Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. , Resolution #101-59 RESOLUTION APPROVING SE'QER CONNECTION AGREEMENT PURSUANT' TO ORDINANCE NO. 396 Authorize Execution of Agreement for Sanitary Sewer Connection with Jensen Dev. Corp. - 4329 Claremont Way The following resolution was read and. introduced by Council- man Shirle~, seconded by, Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; :Noea,~~tlone; Absent--none. Resolution '102-56 ' RESOLUTION APPnOVING S vJ!R C NNECTION AGREEMENT PURSUANT TO ORDINANCE NO. 396 " .. ,l> . .... '" -f''' _ _.. -. -~.' ~<< 1M',' -, '~. . ~,l,,'m. '1'i~'A:. .'~" ...... o :>< > = i . I I I ."...". "' JUt 6 1959 449 Authorize Execution of Agreement for Sanitary Sewer Connection with Jensen Dev. Corp. - 434l Claremont Way The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following I: i I. called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #103-59 RESOLUTION APPROVING SEwtR CONNECTION AGREEMENT PURSUANT TO ORPINANCE NO. 396 Authorize Execution of Agreement for Sanitary Sewer Connection with Jensen DeV. Corp. - 4363 Claremont Way The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution ~l04-59 RESOLUTION APPROVING SEWE CONNECTION AGREEMENT PURSUANT TO ORDINANCE NO. 396 Authorize Execution of Agreement for Sanitary Sewer Connection with Jensen nev. Corp. - 4375 Claremont Way / The following resolution was read and introduced by/Council- /' / man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros~ Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #l05-59 RESOLUTION APPROVING SEWER CONNECTION AGREEMENT PURSUANT TO ORDINANCE NO. 396 Authorize Execution of Agreement for Sanitary Sewer Connection with Jensen Dev. Corp. - 4387 Claremont Way The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, Mede~ros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution~l06-59 RESOLUTION APPROVING SE R CONNECTION AGREEMENT PURSUANT TO ORDINANCE NO. 396 Authorize Execution of Agreement for Sanitary Sewer Connection with Wm. S. Pumroy - East Avenue The following resolution was read and introduced by Council- man Patterson, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolut1Qn~107-59 RESOLUTION APPROVING SE R CONNECTION AGREEMENT PURSUANT TO ORDINANCE NO. 396 450 JUL 6 1959 Discussion Re Annexation Fees for Existing Dedioated Travelled Ways At this time the Council discussed whether or not an annexation fee should be charged on the annexation of a portion of Pacific Avenue and felt that a policy should.be drawn up regarding annexation fees ,for e4isting dedicated streets. On motion of Councilman Patters9n, seconded by Councilman McClaskey, the Council voted unanimously not to levy an annexation fee on Pacific Avenue Annex because it is an existing dedicated street. Notice of Proposed Annexation Pacific Avenue Annex The following resolution was read and introduced by Council- man.. Patterson, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Counc~lmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nor.dahl; Noes--none; Absent--none. Resolution gl08-59 RESOLUTION GIVING NOTICE F PROP"OSED ANNEXATION OF UNINHABITED TERRITORY AND OF HEARING FOR OBJECTIONS THEREW .. Notice of Proposed Annexation Industrial Annex No.2 The following resolution was read and introduced by Council- man ~hirley, seconded by Councilman McClaskey, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution 1109-59 RESOLUTION GIVING NO.TICE OF PROPOSED ANNEXATION OF UNINHABITED TERRI'roRY 'AND OF HEARING FOR OBJECTIONS THERE'ro Authorize Electrical Wiring for Air Conditioner Mr. Parness reported that the present electrical system is not ~dequate for the installation of the new cooling system. The Council felt that the minimum acceptable service should be put in and on motion of Councilman Shirley, seconded by Councilman Patterson, and the unanimous vote of t!le Council, approximately $300 was authorized for electrical wiring to service the new air conditioner. -~~ ~ .. ~ . --- ;10-""'1' "" ~ ..,. -If "t "1."1" f,'k-T ........ ~. ... ~'1t "'1;:t" , '" l\<: ":;1' .. ., t~tc I" . 0), ~ "~. ,~ 'rI' . ,...c ,. ~ Q X' >- = ~....\..... ~. "I' ~ i \:..~, .,. >lI:,-~J.Il' f.~. JUt 6 mr;9 45 i Award Bid on Cooling System to Superior Heating & Sheet Metal The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Patterson, and by the following I i ! I called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution ~110-59 ' RESOLUTION AWARDING BID Fa CONSTRUCTION OF COOLING SYS~M FOR CITY HALL Communications A communication dated June 30, 1959 was received from J. R. Gaskill, Assistant Director of Civil Defense regarding public knowledge of Civil Defense. A communication dated June 23, 1959 from the Coupty of Alameda Board of Supervisors regarding Senate Bill 48 which would provide for a second state-wide direct primary election in I I ! August 1960. Communication dated June 30, 1959 was received from the California Highway Commission regarding consideration of realignment of State Highway Route 108. Communication dated June 19, 1959 from the California State Automobile Association regarding a citation awarded the City of Livermore for not having a single pedestrian fatality during the year 1958. Communication dated June 16, 1959 was received from the Alameda County Admission Day Celebration Committee regarding the state-wide observance of this day together with a request for an appropriation. This communication was referred to the Chamber of Commerce. I I ! I, Communication dated June 22, 1959 was received from the County Planning Commission regarding the proposed Alameda County Highway Master Plan with a request for study of said plan. This communication was referred to the Planning Commission for their study and recommendation. Copy of the minutes of the Housing Authority meeting of May l2, 1959 and the special meeting of May 29, 1959. ~}52 JUl 6 1959 Payroll and Claims One hundred forty-one paYroll claims and seventy-five claims amounting to a total of $84,370.53 were presented, and on motion of Councilman Shirley, seconded by Councilman Patterson, and by the following called vote, were ordered paid as certified by the City Manager: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Recess On motion of Councilman Shirley, seconded by Councilman Patterson, and the unanimous vote of the Council, the meeting recessed at 11:40 P. M. to meet Monday e~ening, July 20, 1959 at 8 o'clock P. M. APPROVED: ~'~ f):X~~ Mayor . ATTEST: ~ dJ . Clerk . Livermore, California JUl 2 0 1959 . **%*%*%*%*%*%*%*%*%*%*%*%*%** ,., :.~...' ~~:!J.':~ ~'flI t ~""~'. ,.,""" '>t ' ,> Ii . < ~ ' . ."" ~ o ;><' go;.. = ~ hJ ~ Ei.1.... ~ 8 tiI , . , V!_~.~-h:;. Jill ?, 019~Q 453 I: I i I i Adjourned Regular Meeting~ July 20, 1959 An adjourned regular meeting of the City Council was held on Monday evening, July 20, 1959, in the Library of the Livermore Union High School. The meeting was called to order at 8:0l P. M. Roll Call: Present--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordah~; Absent--none. Minutes On motion of Councilman Patterson, seconded by Councilman McClaskey~ and the unanimous vote of the Council~ the minutes of the regular meeting of July 6, 1959 were approved as corrected. Public Hearing - Rezoning Application Christian Science Society - Corner W. 3rd & So. N Notice having been published for a public hearing on the application for rezoning submitted by the Christian Science I Society to rezone property located on the northwest corner of W. 3rd and So. N Streets from Zone R-2 to Zone C-l to accommodate the erection of an addition to their existing church buildings, the hearing is now open. The City ClerIc reported no written protests were frIed and upon invitation by the Mayor for protestants to speak~ it was determined that there were no oral protests. On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the public hearing was closed. A proposed 'ordinance rezoning this property appears later on the agenda. Reports On motion of Councilman Patterson, seconded by Councilman' I : I , I I \ Shirley, and the unanimous vote of the 'Council~ the report of 'the Police Department, Poundmaster and Justice Court for the month of June, 1959 were accepted and ordered filed. Resume of Planning Commission Meeting Appeal Action of Commission - John J. Tangney A report dated July 15, 1959 was received from the Planning Commission containing a resume of the action on use permit appli- cations taken by the Planning Commission at their meeting of July l5, 1959. 454 JUl 2 0 1959 ~ Q :;:.<' g;.. =. A communication dated July 17, 1959 was received from John J. Tangney appealing the action taken by the Planning Commission deny- ing his application for a use permit to raze the existing two sto~ commercial building at 160-162 South J Street and erect a modern two story commercial building on the site. Mr. Tangney is willing to contribute in the future on a ratable basis with other property owners and/or merchants to an off-street parking district for the I downtown commercial area when such a district is formed. Mr. Tangney was present at the meeting and discussed the matter with the Council. On motion of Councilman Patterson, seconded by Councilman Shirley, and by the following called vote, the conditional use permit was granted with the stipulation that satisfactory arrangements be made with the City Manager for the developer!s participation in an off-street parking d!strict, and.further 1. The property owner be required to participate in an off-street parking district to be formed in the downtown central business district 2. If a district is not formed in five (5) years the applicant will be required to pay an amount equal to the cost of the installation of the required spaces under the ordinance. fJ U Ayes--Councilmen McClagkey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Report of Planning Commission Variance Application - I. Schuman A report dated July l5, 1959 was receiv~d from the Planning Commission recommending that the variance application submitted by I. Schuman from the parking requirements for a commercial development on W. 2nd Street between So. L and So. M Streets be granted. On motion of Councilman Medeiros, seconded by Councilman McClaskey, and by the fo~lowing called vote, the recommendation of the Planning Commission was accepted and the variance granted: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. o "<"'-~ ~..- . a,j' ':'~, '! ~ '" i, " ,,~. ~ ill ,.,' '",;." 1\"~~I','llIlI'f.~JIi'-~~'iIf~. ,~. '. ,. ,,- 'lot... ,...., .,., '. --..... .,. J ~~' UL 2 0 1959 ,t.1~., ~ Report from City Manager Re Retention of Private Counsel - AEC Contract Mr. Parness reported that a proposal has been submitted by a private legal consultant, Robert Andersen, regarding his re- [I ; tention for the purpose of negotiating an amended contract with the AEC for sewer service charges. On motion of Councilman Shirley, seconded by Councilman Medeiros, and by the following called vote, Mr. Andersen was employed subject to the terms as outlined in his letter: Ayes-- Councilmen McClaskey, Medeiros, Shirley and Mayor Nordahl; Noes-- none; (Councilman Patterson abstained from voting) Absent--none. City Manager Report Annexation Conditions for East Ave. Annex No. 5 Mr. Parness reported that before proceeding with the I i circulation of the annexation petition for East Avenue Annex No. 5 (Nielsen Lane) it is. necessary that the City instruct the staff as to the imposition of the annexation fee and the City's bonded indebtedness. As to annexation fees, based on the $350. per acre, each parcel with an average of 6,000 square feet would be assessed an annexation fee of $50. Mr. Roy Jensen, owner of a portion of the property involved, was present and discussed the matter with the Council. Use Permit Application - Shell Oil Co. Service Station at 7th St. & East Ave. (Postponed) The matter of the use permit application submitted by Shell Oil Co. for a service station located on East Avenue and W. 7th Street was postponed to the meeting of August 3rd. Discussion on Fee Waivers for Community Hospital The Council again discussed the various fees involved in the development Qf the Community hospital. The City Attorney I I I ~eported that there is no provision in the Uniform Building Code or other fee ordinances of the City for the waiver of the Building Permit feei. Regarding the sewer connection fee for the hospital, a motion was made by Councilman Shirley, seconded by Councilman Medeiros, to waive the sewer connection fee which is estimated at 456 JUl 2 0 1959 $4,350; the motion failed by the following called vote: Ayes-- Councilmen Medeiros and Shirley; Noes--Councilman Patterson and . Mayor Nordahl; (Councilman McClaskey abstained from voting) Absent--none.. A motion was then made by Councilman Patterson, seconded by Councilman Shirley, to waive half of the sewer connection fees; the motion passed by the following called vote: Ayes--Councilmen Patterson, Shirley and Mayor Nordahl; Noes--Councilman Medefros; (Councilman McClaskey abstained from voting) Absent--none. Regarding the storm drainage fee for the hospital, a motion was made by Councilman Shirley, seconded by Councilman Medeiros, ID assess 5q% of the. design figure as a storm drainage fee; the motion failed by the following called vote: Ayes--Councilmen Medeiros and Shirley; Noes--Councilman Patterson and Mayor Nordahl; ~ouncilman McClaskey abstained from voting) Absent--none. Mr. Hollis Bascom, representing the hospital committee, stated that they plan to develop only a port~on of the property, so have decided to split the property into three parcels_ and therefore the use permit application was withdrawn and another application will be submitted to the Planning Commission on a smaller portion of the property. . Sale of Surplus Property The following resolution was read and introduced by Council- man McClaskey, seconded by Councilman Patterson, and by the followtng called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution tIll-59 RESOLUTION mCLARING D- TRAC'roR AS SURPLUS PROPERTY . . Authorize Execution of Indenture with Southern Pacific Railroad Co. The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen McClaskey, M~Qeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution ~112-59 RESOLUTION AUTHORI ING THE EXECUTION OF AN INDENTURE, (Southern Pacific Co.) t.~~ ".1_ ........... , ,to' . '.'..., ~ o >< ;a;. = ~ m k] B '. ~,.,. ,UH ? 0 1959 4~'17 Accept Easement for Roadway Purposes from North American Title Guaranty Co. The following resolution was read and introduced by II i I Councilman Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent-- none; Absent--none. Resolution ~113-59 EASEMENT FOR ROADWAY PU POSES OVER PROPERTY ADJACENT TO SUNSET DRIYE AND LOTS 22 & 23, TRACT 2028 ] Accept Easement for Sanitary Sewers from North American Title Guaranty Co. The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Patterson, and by the following - called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #ll4-59 EASEMENT FOR SANITARY SEWERS : I I I I I Accept Easement for Roadway Purposes from North American Title Gty Co.-Lots 48 & 69, Tct. 2028 The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by. the following c~lled vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; No~s--none; Absent--none. Resolution~115-59 EASEMENT FOR ROADWAY P POSES OF LOTS 48 AND 60 OF TRACT 2028 Accept Grant of Easement for Drainage of Water from North American T~tle Guaranty Co. The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following called vo~e was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #116-59 EASEMENT FOR DRAINAGE OF WATER FROM TRACT 2028 - I i Proposed Ordinance Amending Ord. #191 Christian Science Society - W. 3rd & So. N sts. A proposed ordinance amending Ordinance No. 191, rezoning property on the northwest corner of W. 3rd and So. N Streets was given a first reading and on motion of Councilman Patterson, seconded by Councilman Medeiros, and by the following called vote, was 9rdered filed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. 458 JUL 2 0 1959 ..... o >< > = Communications Communication dated July l5, 1959 was received from the San Francisco Bay Area Rapid Transit District regarding a meeting to be held Friday, August, 1, 1959 at the County Courthouse. The City Q..., t1 Manager was instructed to see that someone attends. A communication dated JU~7 3, 1959 was received from the Board of Directors, Recreation'D~strict enclosing a copy of the Citizens' Committee report on recreation. A study session with the- Recreation District for discussion of this report was proposed for September 14th. A communication dated July 10, 1959 was received from Edmund G. Brown, Governor of the State of California regarding the problem of the selection of a site for the state college in Southern Alameda County. On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the City Manager was instructed to draft a letter to be sent to the Governor 'and State Public Works Board regarding the selected site for the state college. A communication dated July 9; 1959 was received from R. C. Maninger, -Librascope, Inc. regarding expression of appreciation to the City of Livermore and Chamber of Commerce. A copy~ the Board of Supervisors Resolution No. 90786 regard- ing the improvement-of Railroad Ave. Complaints on Midget Car Racing Councilman Patterson reported he has had complaints regard- ing the midget car racing at the Hi~h School parking lot. On motion ~, ." '~', , of Gouncilman Patterson; seconded by Councilman McClaSkey, and the vote of the Council, the City Manager was instructed to direct a letter to the High School to make them aware of these complaints. Adjourn On motion of Councilman Medeiros, seconded by Councilman Patterson, and the unanimous vote of the Council, the meeting ~ adjourned at ll:lO P. M. alifornia ATmST~_~ ~_ ler 1959 . APPROVED: Li vermore , AUG 3 '':'.'~'" ~..tJiII. , '-':'If'.':t,. AUG 3 f9~o " 59 4~, e_ \. Regular Meeting, August 3, 1959 A regular meeting of the City Council was held on Monday evening, August 3, 1959 in the Library of the Livermore Union High School. The meeting was called to order at 8:07 P. M. Roll Call: Present--Councilmen McClaskey, Medeiros,- Patterson, Shirley and Mayor Nordahl; Absent--none. ,.--. I I Minutes . On motion of Councilman Medeiros, seconded by Councilman Patterson, and the unanimous vote of the Council, the minutes of the adjourned regular meeting of July 20, 1959 was approved as mailed. Public Hearing - Annexation of East Avenue Annexation No.4 This being the time and place as established for the hearing of protests to the annexation of that certain uninhabited territory to be known as East Avenue Annex No.4, the hearing is now open. The City Clerk reported that there were no written protests to the above outlined annexation and upon invitation by the Mayor I for protestants to speak, it was determined that there were no I I , t oral protests. The City Attorney reported that all annexation a~~~nts with property owners in the annexation had been executed. On motion of Councilman Shirley, seconded by Councilman Patterson and the unanimous vote of the Council, the public hearing was closed. Reports On motion of Councilman Medeiros, seconded by Councilman Patterson and the unanimous vote of the City Council~ the annual report of the Library and the Fire Department report for the month of June, 1959 were acknowledged and ordered filed. - I t Resume of Planning Commission Action on Use Permits I I I A report was received from the Planning Commission containing a resume of the Planning Commission's action on use permits at th~ir meeting of July"28, 1959. No action was taken. 4llU AUG 1 1959 ~ o >< > = Proposed Amendment to Garbage Contract At this time the Council discussed the proposal submitted by Liv- ermore Disposal Co. relating to an amendment to the e~sting contract with the City fo~ g~rbage and refuse disposal. Mr. Figone of Liyermore Disposal Co. was present at the meeting and stated that he wished to clarify 'one ~ point in the propo.sal, that is" if at the en~ of 5 y~ars ..' the Council feels that the present rate for collection is unjust, either too low or too high, adjustmen~s can be made in either direction. On motion of Councilman Medeiros, seconded by Counci~ Shirley and by the following called vote the request for an amendment to the existing contract was denied: Ayes--Councilmen McClaskey, Medeiros and . , ' Shirley; Noes--Councilman Patterson and Mayor Nordahl; Absent--none. Use Permit Review (Shell Oil Co~ - James Duncan,et, al) ,', ~he matter of the use permit application ~ubmitted by S~ell Oil Co. and James Duncan, et al for a service station on the southwest corner of 7th. and East Avenue was postponed to this meeting for decision. Mr. Earl Odell" representing the applicant stated that if the application were to be denied" and the area proposed for ,the widening of East Ave. was~~taken from said property" the applicant would be denied the use of his land. In such case, Mr. Odell stated that he had been authorized to take the matter to court. D After some discussion as to the possible abandonment of Maple St. south of 7th. Street, one-half of which would revert to the .subject prop- erty thereby adding area to the lot, a motion by Councilman Medeiros, seconded by Councilman McClaskey to accept the recommendation of the Planning Commission received the following called vote: Ayes--CoW'lcilmen McClaskey and Medeiros; Noes--Councilmen Patterson, Shirley and Mayor Nordahl; Absent--none. A motion to deny the application as submitted was made by Council- man Patterson, seconded by COW'lcilman Shirley received the following D called vote; Ayes--Cotincilmen Patterson, Shirley and Mayor Nordahl; , . Noes--CoW'lcilmen McClaskey and Medeiros; Absent--none. '....,."'~ m '."'Il!,.... "" 1t" . t"t \Ie~T" .... '.' 011>_""'....... ~.r, , , " ,." "","'W' I .." ~ ill' , ," , . "'.,.."' tfl'lr, ... - II: II ~+ ~"l'l II. , ~~'i::'. AUG 3 1959 461 ~ Approve Construction Plans Tract 2056 - Livermore Development Co. The above named tract is existing partly within the City of Livermore and partly in the proposed East Ave. Annex No.4. In order that the developer may proceed, and since the contractor has posted all the necessary bonds, si~ned his annexation fee agreement, and the tract map has been reviewed and approved, the following resolution was read and introduced by Councilman Shirley, seconded by Councilman Medeiros and by the following called vote was passed: Ayes--Council- _ men McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes-- i I I . ; I none; Absent--none. Resolution 1117-59 APPROVING CONSTRUCTION PLANS FOR TRACT NO. 2056' Further, on motion of Councilman Shirley, seconded by Council- man Patterson, the City Council unanimously approved the bid submitted by the developer re the installation of sanitary sewers by San Leandro Pipe Co. in an amount of $4,168.25. Street Name Changes The following resolution was read and introduced by Council- . . man Medeiros, seconded by Councilman Patterson and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordah~; Noes--none; Absent--none. Resolution No. 118-59 RESOLUTION DESIGNATING CHANGE OF NAME OF STREETS IN THE CITY, OF LIVl'mMORE TO FAC- ILITATE THE ADOPTION OF A NEW HOUSE NUMBER- ING SYSTEM AND DELETING ALL EAST AND WEST DESIGNATIONS Request for Release of Claim (Hilp and Rhodes) The following resolution was read and introduced by Councilman Patterson, seconded by Counc~lman Medeiros, and by the following called vote~as passed: Ayes--Cpuncilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution 119-59 RELEASE OF CLAIM AGAINST HILP & RHODES FILED BY ARMCO DRAINAGE AND. METAL PRODUCTS ~ INC. (Section 1192.1 ,(f) of CODE OF CIVIL PROCEDURE 462 AUG 3 1959 Absence of Mayor from state The following resolution was read and introduced by Councilman Patterson~ seconded by Councilman Shirley, and by the following called " . vote was passed: Ayes--Councilmen McC1askey~ Medeiros~ Patterson~ Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution No. 12~vi9 RESOLU'l'.LON GRANTING LEA OF ABSENCE TO MAYOR Proposed Ordinance re House Moving A proposed ordinance relating to requirements for house moving in the City of L1vermore was given a first reading and on motion of Council- man Shir1ey~ seconded by Councilman Patterson~ and'by the following called vote was ordered filed: Ayes--Councilmen McClaskey~ Medeiros~ Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Proposed Ordinance - East Avenue Annex No.4 A proposed ordinance annexing that certain area known as East Avenue Annex No. 4 was given a first reading and on motion of Councilman McClaskey, seconded by Councilman Medeiros and by the following called vote was ordered filed: Ayes--Councilmen McC1askey~ Medeiros, Patterson Shirley and Mayor Nordahl; Noes--none; Absent--none. Adopt Ordinance amending Ordinance 191 Christian Scienee,Society - Church addition. On'motion of Councilman Patterson~ seconded by CounciJ.manMcC1askey and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman Patterson~ seconded by Councilman McC1askey~ and by the following called vote~ the ordinance amending Ordinance No. 191 was passed and adopted: Ayes--Councilmen McClaskey~ Medeiros~ Patterson~ Noes--none; AbsBnt--none. ORDINANCE NO. 418 AN ORDINANCE AMENDING ORDINANCE NO. 191 ENTITLED It AN ORD- INANCE, PROVIDING FOR THE. CJU:ATION WITHIN THE, INCORPORATED AREA OF THE CITY OF LIVERMORE OF C1f;RTAIN ZONES AND IN THE SEVERAL ZONES. THEREBY, CREATED DESCRIB::rNG 'rHE CLASSES OF BUIIDINGS" STRUCTURES AND IMPROVEMENTS: REGULATING~ RESTRICT- ING,AND SEGREGATING THE LOCA~ON OF DWELLINGS". APARTMENTS, TRADES" BUSINESSES~ AND INDUSTRIES ,A}JP OTHER SP~CIFIED USES; REGULATING AND LIMITING THE HEIGHT AND BUIK OF. BUIIDINGS AND STRUCTURES AND THE. AREA OF BUIWING SITES - COVERED. THEREBY AND fROVIDING FOR.BUIIDING AND USE nRMI'l'S; DEFINING.THE TERMES . USED HEREIN; PROVIDING FOR THE ENFORCEMENT..AND AMENDMENT OF SAID ORDINANCE: PROVIDING PENALTIES FOR ITS VIOLATION" It BY AMENDING . PARAGRAPH THREE OF SECTION' THREE THEREOF~ Shirley and Mayor Nordahl; ~ Q >< ~ = g R tJ iJ........' E3 ....;. '~'1~ ~;",~ AtJG 3 1959 463 ConunWlications r A communication from the Society for the Prevention of Cruelty to Animals re animals Wlsui table for pets" and a proposed ordinance for consideration by the City. On motion of COWlcilman Shirley, seconded by COWlcilman Medeiros and the Wlanimous vote of the COWlci1 this matter was tabled. A conununication from the League of California Cities re the re- apportionment of theSenate of the state of California was read and ordered filed. A communication from the California Highway Commission with notification of the hearing date on a freeway location between Scotts Corner and Highway 50 to be held on September 25" 1959 at the Veterans Memorial Building" L1vermore at 10 a.m. Mayor Nordahl will be present to outline the City.ls view in this matter. JWlction Ave. Park Renamed The Livermore Lions Club requested that the City COWlcil consider naming the park at JWlction Ave. ltpaul E. Dolan Park" honoring Dr. Paul Dolan who was the first Park Commissioner for the City as well as a civic leader in our City. On motion of COWlcilman Patterson, seconded by COWlcilman Medeiros, the COWlcil voted Wlan1mously to accept said reconunendation and name the park "Paul E. Dolan park". payroll and Claims Sixty-four payroll claims and forty-eight claims amoWlting to a total of $108,,239.70 were presented" and on motion of COWlcilman Patterson, seconded by COWlcilman Shirley" and by the following called vote were ordered paid as certified by the City Manager: Ayes--CoWlCil- men McClaskey, Medeiros" Patterson" Shirley and Mayor Nordahl; Noes-- none; Absent--none. Recess On motion of Councilman Medeiros and the Wlan1mous vote of the City Council" the meeting recessed until Monday evening" August 17, 1959 at 8 o'clock p.m. APPROVEDr 0-:)/ ~-'. ATTEST: I Mayor L1 vermore, California AIIG 1 ~/ 1959 ~# . 464 AUG l' 7 1959 ...... o >< a;.. = !!Journed. Regular Jleeti~, Aupst 17, 195~ An adjourned 'regular "meet1i1g 'LC)'t. tne' "c:r~ --Council: ''Was "held on Monday evening, August 17, 1959, in the LibbaI7 of the Livermore tinion High Scbool. The meeting was called to order at 8:25 P. M. 'Roll~Call: present--Councilmen Medeiros, Shirley - and-'Jfayor Pro-tempore McClaskey; Absent--Councilaan Patterson and lIa1'or'" Nordahl. 'R.. U Minutes On motion at Councilman Medeiros, seconded by Councilman Shirley~' and the unan111lOua vote'''ot the Council, thea1nu.tes ot th~. regular meeti~,o~ A~~~~~3~ l~5.~._W'er~.,ap~rovec1 as_~l~~. Public Hearing - Ann~~ tio. of "Pacifi~ A ~en~e.L Annex ~ This being the t1lle and place as established tor the hearing I of protests to the annexation of that certain uninhabited territory known as "Pacific Avenue Annex" to the City of Liveraore, the hear- ing is now open. The City Clerk announced there were no written protests to the above outlined annexation and upon invitation by the Jfayor n.,... 8 . Pro-tempore for protestants to speak, it was deterll1ned tnat there were no oral protests. On motion ot Councilman Shirley, seconded by Councilman --' Medeiros, and the unanimous vote ot the Council, the"'public hearing was closed. Public Hear1Dg - Annexation ot "Iaclustrial Amu!tx #2" 'fb.is beihg the tiDte and place aa established tor the hearing ot protests to the annexation ot that certain uninhabited territory known as aIndustrial Annex #20 to the City ot Livermore, the hearing t ,- is now open. The City Clerk announced there were no written protests to the above outlined annexation and upon intitation by the Mayer Pro- -. , .,. tempore tor protestants to speak, it' was deterJlined that there ..ere no oral prOtests. On motion ot Counci~ Jledeiros, seconded by Counci~ Shirley; and the unara1JPous vote"'ot tke Council, the publiC hearing was ci)sed. w.'...' II .,.,.~"'...' ,zlili> 1.< .n;. '1"~'1 ' ,.,IWG 1 7. J959 465 Reports On motion ot Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote'ot the Council, the reports or the Fire Department, Police Department and Poundmaster for the r-c \ 1 ......-.. ~ .-...., ! month ot July, 1959 were _ _acce~teci ~d o~_dered tiled. Report from Chamber of Commerce A communication dated August 5, 1959 was received from the \ Chamber of Commerce Board ot Directors regarding their tinancial , ~ statement f'or the period from January 1, 1959 to June 30, 1959. . . This report was referred to the study session meeting of' the Council r I ,. next Monday. .evening.... ,. . Resume or Planning Commission Action of Use Permits Request for Review of' Application of' Lewis Parker A report was received from the Planning Commission containing a resume ot the Planning CommiSSion's action on~use permits at their meeting of' August 11, 1959. A request for review or the application submitted bY Lewis Parker f'ora 'I!V and appliance repair service to be conducted ~t his-~home was f'iled by Councilman KcClaskey, stating the subject ot home occupations should"be reviewed 01' the City Council. and the granting or the request would establish a precedent not'" consistent with Council policy. On motion~of' Councilman Medeiros, seconded by Councilman Shirley~ and the unanimous vote"of' tbe Council, this matter will be considered at the study session of August 24th, with formal action to be taken at the r.egular me~ti~ot ~_pt~ml:>er 8, 1959. "Report of' Planning CoRonis.ion' Rezoning AJ;?plication ~ J. Murphey A report dated August 12, 1959 was received trom the Planning ~~ ~ Commission recommending the application tor rezoning submitted by Joseph L. Murphey of property located on the east side of Holmes Street to acco-.odate multiple dw6llings. On motion of CouncilJlan Shirley, seconded by Councilman Medeiros, and the un8nimous vote of the Council, this matter was set tor public. hearing on Septeaber 8, 1959. ~ 466 AUG 17 1959 ~ o >< ~ = Proposed Zoning- Ordinanc'e- Reterred Back to Plann1ng Commiss10n , After making extens1 ve rev1s1ons to the proposed zoning ordinance~ on mot1on ot Councilman Jlledeiros~ seconded by Council- man Sh1rley ~ and the unanimous YOte~'ot the C9unc1l, the proposed zoniiig ordinance' and zoning map were reterrid back to the Plamdng .~ Commission tor pub~~c .~e~1ng and t1nal ,reco~ndation. Appo1nt_nt or Director or Pub11c Works On motion ot Councilman Shirley~ seconded by Counc1lman .., Med.eir08~ and the ~imous vote ot the Coune1l~ 1Ir. r-Daniel Lee was appo1nted to t~e ,pC?~~~~~n o~ ~~_ctor ot..Publ;c ~~~ks. App11ca tioif torbeillPt - License" to 8011c1 t GUiding Star Rescue M1ssion (Den1ed) An applicat10n tor an exempt solicitors permit was submitted by the Guiding Star Rescue M1ss1on. The Council felt that although I this 1s"a qualif1ed char1table organ1Zat1oJl, the1r locat1on 1s 1n another City and any contr1butions der1ved trom our cit1zenry would be~used to benetit solely the residents ot another City, and on mot~on of Councilman Shirley, seconded by Councilman Medeiros, and by the tollow1ng vote, the ~pplication was denied: :Ayes-- Councilmen Medeiros and Shirley; BoeS--lIayer Pro-tempore ~JlcClaskey; Absent--CouDcilman Patterson and Mayor Bordahl. ~.. .. , .. - .'.-.' ~ Appl1cation 'for IXempt Business License Explorer Scouts, Post 906 An app11cation tor an exempt busine.s license tee submitted by the Explor~r Scouts, Post 906 tor the painting ot house numbers on curbs. ~.. 'H j"r On mot10n ot Councilaan Shirley, seconded by Counci1man Medeiro8~ and the uninimous vote ot the Council,thenapp11cation was approved and tlle .i~__u~c~,C?r, an e~emPt_lic~~e. was auther1zed. Grant Extension torCompletloh Of' . Improvements in Tract 1910 - Sanland., Iac. . . A cOlllMUn1cation dated August 11, 1959 was received trom the L1 vermore SaBitariWll re'lue8tiDg an exteD8iOD ot 60 days for the completion~ot the 11Ilprovements in 'l'ract 191(;) (Sanland~ Inc.). ~'.." ',1 'j" ~, t~ljIio!j!'. :/'".""'''- .~,~......~ ~1ij '''fI.i'~ ~.".~~-..,", "'''~''''f''* ," ,.....~~.._..I.._ ~.,'..!J. ~; ~ " . ,'itl i~ ~T III ~ ~,. 1r1" l'I"~' #H~' iP,y "(",.-If',~''' ~ ~;flMo..._ AUG 1,7 1959 467 n I : i I On motion of Councilman Shirley, seconded by Councilman \ Medeiros, and the unanimous vote of the Council, an extension of 60 days was grant~d to S~and" Inc. Accept Agreement and BOnds 'l'raat 2061 - Braddock, Logan &: Valley George C. Riek, Civil Engineer, Department of Public WorkS, reported on this proposed Tract 2061, and of the installation of poured in place pipe for storm drainage. This type of pipe for storm drainage is on a trial basis only and its installation in any other tract will be reviewed by the Public Works Department. Tbe following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: Ajes--Councilmen Medeiros, Shirley and Mayor Pro-tempore McClaskey; Noes--none; Absent--Couneilmen Patterson and Maior Nordahl. Resolution 1121-59 RESOLUTION ACcJS.t"'1'lJIG AG~T AND BONDS , PQ~.J:IIPtlQY~'l'S'f9'~q~:.206~. . 'APprove Sllbd1vtsi6nMap Tract 2061 - Braddock, Logan &: Valley 'fRe following resolution was read and 1ntroduced by Council- man Shirley, seconded by Councilman lIIedeiros, and by the following called vote was passed: Ayes--Councllmen Medeiros, Shirley and Mayor Pro-tempore McClaskey; Noes--none; Absent--Councilman Patterson and Major Nordahl.' ,. - Resoluti~l22-5~ RESOLU'l'I6N AP~O MAp. Ii' '!'HE $WDJ:vISIOH o'OFoTRACT'"2061. , ,,~:'-::- ....~(..~. _,''': . ...r..:.-: ....';.'!t":-,::.,r.:~-- ~.;";"R .~'~:",~.~.'- .,- ('\ ......- 1. ...... ~. r: .'. '" .- "" --__"'__..... ',,_ Authorize .. the Advertisement' 'tor Bids for Pickup Truck - Poundmaster The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: Ajes--Councilmen Medeiros, Shirley and r-' Mayor Pro-tempore MeClaskey; Noes-.~none;Absent--councilman Patterson I and Major Nordahl. . Resolut1onll23~9 RESOLUTION ADOr.TlJ'tKt SPECDf,[CA OKS AND DIRECTmG . T@E Cr..mqt:TO. ADVERfI~ "PQR BJ.:l>S .. , 46~ AUG 1 7 1959 ~ o >:: :so- = Authori.. EXecution otAgree_nt'tor Engineering Services - Wilsey and Ham The following resolution was read and introduced by Council- man Sbirle7# seconded by' Councibaan Jlledeiros# and by the following called vote was pa8sed: lJ'es--Counc1lmen Medeiros" Shirley and Mayor Pro-teapore McClaskey; Noes--none; Absent--CouncilJDan Patterson and Jlaior Bordahl." ~ Resolution 1124--59 RBSOLlJ'fIOB Ath"HOJUZId .u.ic:I'rIOI OF AGBEDIlmT lQ~LEJJQ~G ~~1;t~~.lQK! ~ ~~I~~,J~~"SIm '~ IMPROVElmNT COSTS JOa AX AIRPORT SI1'E . :,~...- - ':'!- -~":::.,". .'..~ - '-'.;: ~"... ~';:;' ~_. ..' ,.... t:':'; ::;0"- ~ :'"' ,'" - "'-._ ~,"':":.:...... _ ':_; ~ .-; ':-~ :1._ .0..-'.... .-.. ",...... - ~ '-. Auth6:f.ize-Eieeution!':ot AgreijD1ent:~wlth -" ~ Robert T. Anderson" Attorney at Law !"!' , I ,. Ii" .. ~ following resolution was read and introduced by Council- man Jlledeiros" seconded by Councilman Shirley" and by the foilo~1ng called vote was passed: Ayes --CouDcilaen pre de iros " Shirley and Mayor Pro-tempore McClaskey; Noes--none; Absent--Councilman Patterson and Major Bordahl. Resolution 1125_-59 A RBSOLUTIOR AVTlloRime mr-SIGNIlfG OF, .Alf~AG~T:' '::'" , , :~ :7''':'.......,["..,:-:. .r..';~'" _ ~".....: .::J~......_ _..- :...._. ':_...~_ ~~ C-":-:...'- ,". Authorize iXecutlolCor"06ntract with Allen's AIIlbulance Service 1he following resolution was read and introduced bY' Council- man Shirley # seconded by Councilman Jlledeiros" and by' the following called vote was passed: Ayes--Councll1len Jlledeiros" Shirley and Mayor Pro-tempore MCClaskey; Noes--none; Absent--Councilman Patterson and Major lTordahl.'" ~ " " " ~ Besolution 1126_-59. ' " ." RESOLUTIOJl AUTIlOlUme IWfCunON OF . __ ::-~~T_.PR"~~~~-_~~JI~ ,~.,~ Accept"riMf-r.provemeiiti"iii Tract~1983 (r) !he following resolution was read and introduced by Council- man Sb,irley" seconded by Councilman Medeiros" and by the following called vote was passed: Ayes --Counclllten JlledeirQs" Shirley and Ma70r Pro-teapore JllIeClaslaiy; Hoes-.;;none; Absent--Oouncilman: Patterson ( ; "" -... and Mayor Bordahl. bi Ell Resolution 12 BESOLUTIOIi A;;~._.. .,.........,', H ,_ ' '1'8 IR '!'RAO'!' 1983 . ~,~ 11" t "...~ "-.. 'Il!iio 'I nr. 'J i ). -.e.. ~ 4.. ~ ;..1, · " . ," ...,,~. AUG 17 1959 469 n Accept Final Improvement in Tract 1942 The following resolution was read and introduced by Council- ,. ~ man Medeiros" seconded by Councilman Shirley" and by the following called vote was passed: Ajes--Councilmen Medeiros" Shirley and Mayor Pro-tempore McClaskey; Noes--none; Absent--Councilman Patterson and Mayor Nordahl. BES()LUTION..~~C:~~~~~~~;~t~~ IN TRACT 1942 Authorize" Final-'Acceptance" o!,v'Industria:C'Sewer' Line The following resolution was read and introduced by Council- --., man Shirley, seconded by Councilman Medeiros" and by the following . called vote was passed: Ayes--Councilmen Medeiros" Shirley and Mayor Pro-tempore McClaskey; Noes--none; Absent--Courtcilman Patterson and Maior Nordahl.'" ~ ,.., Resolution #12titf ... RESOLUTION AUTHOlUZI.Nt\ J! ACCEPTANCE _,~"._,,_..-,qF.. ~~~~~;~~~,J~.~,,~~ ..,.,~J" ", ,'Oc' Authorize FIriaI "Acc~ptanee6t"East Avenue Street Improvements The following resolution was read and introduced by Council- man Medeiros" seconded by Councilman Shirley, and by the foilowing called vote was passed: Ajes--Councilmen Medeiros, Shirley and Mayor Pro-tempore McClaskey; Noes--none; Absent--Courtcilman Patterson and Mayor Nordahl. Resolution #130-~9 RESOLUTION OF AClilU'l'AlCE 0 EAST AVENUE IMPROVEllERT ~ADJACElfT' TO 'E4ST AVENUE , ~' ."~TQY ~sC1iQot.., "'-' .':-- Change Streei1{"Nait"ccir~:Ran6ho Avenue to El Rancho Drive The following resolution was read and introduced by Council- man Shirley" seconded by Councilman Medeiros" and by the following called vote was passed: Ayes--Councllmen Medeiros, Shirley and Mayor Pro-tempore MCClaskey; Noes--none; Absent--Councilman Patterson and Major Nordahl. .. Resolution #131-59 RESOLUTION DESIGHAT....G ClUHGE OF HAME OF STREET . IN: THE:, C:t'l;'! ~_ OF 'L~ORE , 470 AUG 1 7 1959 ~ o >< > = Adopt Ordinance Regula ti~ the Moving ot Buildings On aotion ot Councilman Medeiros, seconded by Councilman Shirle1', and the unanilllOus vote -'ot the CounCil, the read1ng ot the ordinance was waived. On aotion or CouncilaaD Shirley, seconded by Couneil.lllan I Medeiros, and b1' the0tollowing called vote, the o~d1hance regulat- ing the moving ot buildings in the Cj,ty ot Livermore was passed and adopted: Ayes--Council..n Medeiros; Shirley and __1'01' Pro-teapore JlIcClaskey; ")f()es-:'none; Ab8ent--Councilaan patter80n and"'Jllayor Nordahl. -'" On motion ot Councilman Shirley, seconded by Councilman Medeiros, and by thertollowing called vote, the ordinance approv- ing the annexation ot East Avenue Annex )fo. 4 was passed and i , , , adopted: A7es--Councilmen Medeiros, Shirley and Mayor Pro-tempore MCClaskey; ~lioes-:'none; Absent--Council...n Patterson and'''_70r )fordahl. OiBD1A1fCE~.O. 420 '" AN ORDD,Q'qB, Jq>ntOVDG ADEXAfiOlf EJtTI'l'LED .. . EAST A,fbuE' ADBX 110. 4 " ,~ . _ ;":~-"'N .I~Y'" _'-:":'.~-:'Jl.':'~. _ .'""':...-.,........:-;.c;r;,. .-:~_.-:'. '""'."',.:"t::"'"::..:,\_~..,_::-,,..- .-:-"'~',_ ,;.."""l ._. . ,.... .-.,.....,~ ,....., .,:",~.... ~,^ I., ,;:0, "'-" ~-....... --:."~ .....,,-. Proposed Ordinance Amending BUsiness License Ordinance A proposed ordinance amending Business License Ordinance No. 415c:was given a first reading anel'on DlOtion ot Council_n Shirley, seconded by CouncilJlan lledeiros, and by the tollowing called vote, was ordered tiled: '~'Ayes--Counc1l1len Medeiros, Sb1rle7 and Mayor Pro-tempore McClaskey; ioes--none; A'bse~t--Counci1ian Patterson and JlaJ'~~ 1fordib.~... 0,. " .. _, .'...' '. ',.." . ~ - ~.. . .._.' " . , 1- ,..: .. . Proposed Ordinance 'Ipproniig ADnexa tion ot Industrial Annex Bo. 2 A proposed ordinance approving the annexation of Industrial Annex No. 2 was given a tirst reading and on motion ot Councilman I ,.... -,. >lMIl!fit lllrr. 1 7 1Q"q 471 n Jledeiros~ se.conded by Couno1~n Shirley., and by the f'ollowing called vote was ordered tiled: Ajes--Counci1men Medeiros~ Shirley and Nayor Pro-tempore'McClaskey; Noes--none; Absent-- Councilman Patterson and Mayor Nordahl. .. - , Proposed OrdInance 'ApprovIng Annexation of Pacific Avenue Annex A proposed ordinance approving the annexation of Pacific Avenue Annex was given a first reading and on motion of Councilman Medeiros~ seconded by Councilman Shirley, and by the following called vote, was ordered tiled: Ayes--Councilmen Medetros~ Shirle.y and Mayor Pro-tempore McClaskey; Noes--none; Absent--Councilman Patterson and Jl1Jayor Hord8.~~~ Communications A communication was received from the Alameda County water Resources Committee with a request for donation regarding the South Bay Aqueduct groundbreaking ceremonies. On motion of' Councilman Shirley, seconded by CounCilman - I Medeir08~ and the unanimous vote of the Council~ the-Finance ~ Director was authorized to draw a check payable to the committee in the amount of $25.00 f'or the ground breaking ceremonies. A commu~ication dated August 3, 1959 was received trom the Department of Public Health with notification of' a continued declaration of"Alamed& County as a rabies area. A copy of a commUnication to the joint Alameda County Admission nay Committee from the Chamber of Commerce regarding the disposition of' this matter referred to the Chamber by the City. A communication dated August 8, 1959'was received from the Brotherhood of Painters, Decorators and Paperhangers of' America regarding ci vil'- service employees. r-. Communications regarding the proposed State College were I [ : received from the County of Alameda~ County or san Joaquin, City of San Leandro and~City of Uriion City: A communication dated August 7, 1959 was received from the Livermore School Dist~ct with a request for a report on property 4t12 AUG 1 7 1959 on th.e east side of Aml1ng-DeVor Lane as a school site. This was ,-... ~ ~ ... ... J.. reterred to the Planning Commission with a request to transmit its '"'I " advice on this matter tor Council re~1ew. I A communication dated August 7# 1959 was received fro. John J. 'Tangney regarding cona1t1ons tor ott-street parkins ill- posed as a condition 01" a recently granted use permit. A cOJIUIIUnication dated August 10, 1959 was received from the Grand parlor# Native Sons'ot the Golden West with an in- vitation to attend."a celebration 01" the Admission 01" Calitornia to statehood on September 9# 1959 in Santa Rosa. The City Clerk was instructed to inf'orm them that "the city will be~unabie to attend. A cOlllDlUnicat1on dated August 10#"1959 was received trom McCutchen, Doyle # Brown and Enersen regarding the application 01" the Calito~a water Serv1ce""Co. tor an increase in water rates tilea betore the Public Unilit1es Commission. Payroll and~'Cla1ms Seventy-eight paYroll claiu amounting to a total 01" $17#680;73 were pr..ented# and on motion 01" Counc1lBan Shirley, '. seconded by Counc1lJ1la.n Rede1ros# and by the :rol1oving called vote, were ordered paid"as cert1t1ed by the City JlJanager: Ayes-- , , Councilmen Medeiros# Shirley and Mayor Pro-~empore McClaskey; Noes--none;"Absent--Counci~ patt~~II~ii,~d J!lELr~r_ ~ordab1. .. '.., " ...'. Proposed Ordinance Regulating Swimming Pools The Council discussed the need tor a more stringent L r ordinance regulating swiDml1ng pools. 1Ir. Parness was instructed to dratt a proper ordinance~ Set Public Hearing on Zoning Ordinance On motion 01" Councilman Medeiros# seconded by Counci~ Shirley~ and the unanimous vote'''of' tbe Counc1l# a pubf1c bearing on the zoning ordinance was set tor October 5, 1959. Adjourn ' On motion 01" Councilman Medeiros, seconded by Councilman '.;;. ~ li:- ' i 4 ."f il'~ 7~ j . ~ h' ~ ii\ ~,'" I "." . "'<'1,<\\. -.' ~ Q >e >- = I I ~ ,,'.O'L, ,.~'.I" ..... AUG 1 7 1qr;q 473 Shirley, and the unanimous vote of the Counci1# the meeting adjourned at 10:20 P. M. I, I I I i APPROVED: ~ {j . J,{ ~i"l'EST: ~~ . . or y erk . . Livermore, California -SFP R 1Q~q . ***$*$*$*$*$*$*$*$*$*$*$*$*$*$*** , , , I I 474 SEP 81959 Regular Meeting, September 8, 1959 A regular meeting' ot. tne . Ci tY' cotio':!:!:' '.as 'neild . 'on "lIonclay even1ng~ September 8, 1959 in the Library ot the Livermore' Union High School. '!'he aeeting was cal1.d to order at 6:00 P. ...- Roll Call: Present--Counci1JDeR JlcClaakey, JiIedelros and Mayor pro-tempore patterson;-Absent--Counci1aan Shirley and Mayor Nordahl. ,~ Minutes On motion ot Councilman JlIedeiros, seconded by Council-.an McClaskey, and the unanimous vote ot the Council, the"'minutes ot the adjourned regular meeting of August 17, 1959 were approved as mailed. Bids on Pickup TrUck This being the tiJae and place as set tor the opening of bids for a li2-ton Pickup Truck, on motion of Councilman McClaskeY', . seconded by CoUncilman Medeiros, and the unanimous vote of the Council.. the~acceptance"of bid8 was closed. Bids were received trom the following: 1959 Jlode1 1960 JIIode 1 '!Tade In of Old Truck ,.- G. E. DaileY' & Sons Bud-Gestri Ford~Sales .11" .,. , 7 '$226~OO' " 350.00 250.00 t. $1781 ~ 45 0'1741.60 1713.92 1700.00 . ~ Jobrack Motors On motion of Councilman Medeiros, seconded by CouncilJDan McClaskey, and the uiianimous vote ot the Council, these bids were referred to the City Manager t()~ 8.DalJ's~.-'~d reco_en~tion. . PUblic Hearing -' Rezoning Application" Joseph Murphey - E. side ot Holmes Street Notice baving been publiShed tor a public hearing on the application for rezoning submitted by Joseph and Ethel Murphey ot that certain parcel ot land located on the east side ot'Ho1mes Street tor use Qt multiple dwellings, the hearing is now open. The City Clerk reported no written protests were filed and upon invitation by the Mayor Pro-tempore tor protestants to speak, it was determined that there were no oral protests. 8' . ~ '" .. ,. .' ~ .. ..... 1f"'- '" > 1l' 'I' ~liI Il'>~ ~ ~~, ..- iJJ.* 111> .,.. ~ ;l<, 'If:} ~ '" , " ,~. HI,", -! .... ....~" ~ o ~ > = ~ rn ! :~.., . '-', """,,1>/ < ~. ~~ SFP R 19~Q 475 On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote ot the Council, the"public hearing was closed. n , , On motion of Counci1man Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, a decision on this matter was put over to another meeting when the full Council is available for further discussion. Reports A statement of revenues and expenditures for the period from July 1, 1959 to June 30, 1959 was presented tor the Council's review. Resume of Planning Commission Action on Use Permits I I I ~ A report was received from the Planning Commission contain- ing a resume of the Planning Commission's action on use permits at their meeting o~ August 25" 1959. No action was taken. , . Report rro. Planning" CoJlllB1aalon " Varianc~ Application - R. A. Morrill (Withdrawn) A report and recommendation dated August 26, 1959 was re- ceived trom the Planning Commission on an application tor variance tor the height requirements submitted by Robert A. Morrill, 1021 Canton Avenue to erect 2 wooc1en~ ipole., 60 feet in height, to be used as antenna supports. The City Clerk also presented a letter from Mr. MOrrill with a req~eat tor withdrawal .ot his .ap'p~ication. Report of City Mana~er re Harmful Vegetation (Castor Trees) Mr. Parness reported on the complaint received regarding the ex1stance of castor trees on certain private properties within the City. Health and medical authorities state that the fruit of these trees, the castor bean, is extraordinarily poisonous. The City Manager was instructed to prepare an ordinance controlling' the growth or removal of any type of vegetation which is deemed to be toxic or in any way harmfUl. 476 SEP 8 1959 .... o :><: 0> = Appointment of Planning Director (Musso) On motion ot Councilman Medeiros, seconded by Councilman - .~. McClaskey~ and the unanimous vote ot the Council, the appointment of George Musso as Planning Direc~or was approved. . Authorize Budget Amendment Mr. Parness reported that at the last study session meeting ~ tit , "- of the CounCil, informal approval was obtained to continue employment ot a Public Works Inspector who has been on temporary appointaent for the industrial sewer line construction. On motion ot Councilman McClaskey~ seconded by Councilaan Medeiros, and the unanimous vote of the Council, the addition of one personnel to Dept. 10 thereby increasing their budget allotment in the amount of $5~876. was authorized. . . " Approve Tentative Map of Tract 2098 (Sunset Dev. Co.) A report dated September 4~ 1959 was received from the Planning Commission recommending approval of the tentative map'ot Tract 2098 subject to the re'coDDendations ot the Planning Staft and further recommendations of the Commission as outlined in their letter. Mr. George Riek explained the various recommendations on this tract to the Council. Mr. Parnea.'recoJllllended approval of the tentative map subject to the conditions as recommended by the Planning Commission with one exception to be noted. A portion of 'the sanitary sewer facility for this development ia proposed to be located along an alignment planned for future street purposes tor an adjoining tract. There is some possibility that this property may be acquired tor elementary school purposes and in such an event this section ot the sanitary sewer line would have to be relocated and increased in size. The Planning Commission has recommended that such possible relocation be made an obiigation of the subdivider. Mr. Parness questioned tte legality and equality of such a provision. The only requirement that can be imposed by the CoDllll1s8ion are those require_nts tor public works tacilities to adequately service the subject develop- ment and any others adjacent thereto. It a toreign type ot ~ i . ~provement were to occur at a date subsequent to the residential ~:"'ie~ " << ~' ..' " "" zt.....clt '. SEP 8 1959 477 l development, such improvement should be required to satisfy ther own needs, theretore it is reco_ended that the provision requiring this developer to guarantee the possible future relocation ot the subject segment of the sanitary sewer line be deleted. After some discussion by the Council on this proposed tract, on motion ot Councilaan Medeiros, secon4ed by Counei1aan McClaskey, and the unanimous vote ot the Council, the tentati~e map of Tract 2098 was approved subject to the reeoDlDlendations and conditions as set forth by the Pla~ng Commission with the exception of Section B, Item 4, which was deleted as outlined in the City :Manager's recommendation. Report from Engineering Staff' re Storm Drain Facilities Granada Village Geor_ge C. Riek, Associate Civil Engineer, reported on the proposed storm drainage tacilities tor the Granada Village area. The main channel is proposed to be developed as an open ditch rather than" with underground pipe structures. The staff has caretully reviewed the proposal and concedes that it is a reasonable compromise since this alignment would require the installation or a pipe size in excess ot 60 inches. This proposed channel would be adequately protected on both sides by a chain link fence and n 1 is situated on the westerly extremity ot the residel'ltial develop- ment, thereby minimizing objectionable appearances. Internal , . drainage lines would be constructed in accordance with our drainage plan_ and deposit into, this channel. The main problem concerned with tbis open ditch drainage would be a maintenance problem, weeds and trash. ~ It such storm drain facility is approved, a benefit district would be formed since the drainage system would serve an area ot between 200 and 300 acres larger than the Granada Village improvement. Arter some discussion by the Council, on motion of Council- man McClaskey, seconded by Councilman Medeiros, and the unapimous vote of the Council, the proposed ~siln of this drainage system was approved and the staff was instructed to finalize the 4'1~ SEP 8 1959 ~ Q :><: ;;so.. = description ot the benefit area f~r>Coul1~~l approv~. Set PUblic Hearing 'on USe 'Permit Application - Lewis Parker On motion ot Councilaan Jledeiros~ seconded by Council.aa.R McClaskey~ and the unan1aous vote ot the Council.. a public hearing was set tor September 2l~ 1959 on the use'permit application .ub- iii tted by Lewis Parker to do part time radio and TV repair in his I......':.,. " bome. '. + - Grant EXtension of" "Approval for Tentative Map of Tcact 1973 A communication dated Septe.ber 3.. 1959 was receivedtrom . ~- c. N. Fletcher requesting an extension ot the appz,oval ot Tract , 1973 tor an additional one-year period. On aotion ot Councilman Jledeiros ~ seconded by CouncilJlan McClaskey ~ and the unanimous vote ot the Council~ a one-year ex- ten'8io& tro. and ~ttez- September 8,~_ 195~_ w~s appr,?ved. Appl1cat16nfor 'EXempt Business'License and Solicitors Permit - Welcome Wagon~ Inc. , I An application tor an exempt business license and solicitors permit was submitted by Welcome Wagon" Inc. On aotion ot Councilman Medeiros" seconded by Councilman McClaskey" and the unaniJDous vote ot the Couneil~ the'applicatiaR wa~ approved and ;the issuance ot an exempt license and SOlicitor's , , permit was authorized. ..' . . Application for Exempt Solicitor's' Permit Fairhaven Home & Hospital - Postpone An application tor an exempt SOlicitor's permit was sub- mitted by Fairhaven Hoae & Hospital~ Sacramento, Calitornia to solicit business houses and protessional people only~ tor'donations. On motion ot Councilaan KcCla8key~ seconded by Councilman Medeiros" and the un8.n1Jnous vote ot the Council" tais utter was held over to the next meeting when there-Will be a full Council. In the inter1m~ the City Managex- will secure more information regarding thi8 type at operation. -~ Adopt 1959-60 Tax Rate The following resalution was read ant introduced by Council- man Medeiro.~ seconded by Councilman McClask.y~ and by the following ,.~..; "ri-'~ -,... ~ ;jt,.,,," ..' ,.II: ~,,,.:of " f.\ ~ 'f, ~:~ p~;. .' " , ., oilt'" ~"'~ ~tP 8 1959 479 ~ called vote was passed: AyeS--Councilmen McClaskey" Medeiros and Mayor Pro-tempore Patterson; Noes--none; Abaent--Councilman Shirley and Mayor Nordahl. , Resolution Il32-~9 RESOLUTION SE'rl'J.ftG CITY,_OF L vJSttl<<>RE " TUi.UTE :FQIt: F:[s.C~"lE~'l959~Q_, " , , .. ' .. . ')'. ,,' . ,,' , ,.",.. Inadequate 'AIrline 'Schedules 'at Metropolitan Oakland Airport The following resolution was read and introduced by Council- man Medeiros" seconded by Councilman McClaskey" and by the following called vote was passed: -Ayes--Counciimen McClaskey, Medeiros and Mayor Pro-tempore Patterson; Noes--none; Absent--Councilman Shirley, , , and Mayor Nordahl. Resolution 13- RESOLUTION CON AIRLINE SCHEDULES ,.,~T- ~~9p()~;rT,~;,O~~~~ATlq~~ A~Qlit- " ' Adopt 'orc11nance .. Amending" BUsiness' License OrdInance On motion ot Councilman McClaskey" seconded by Councilman / /--- Medeiros" and the Un8.nimous vote ot the Council" the reading ot the ordinance was waived. - , On motion of Councilman McClaskey" seconded by Councilman Medeiros" and by the" tollowing called vote" the ordinance amending Business License Ordinance No. 415 was passed and adopted: Ayes-- Councilmen McClaskey" Medeiros and Mayor Pro-tempore Patterson; Noes--none; Absent--Councilma.n Shirley and Mayor Nord&hl. QRDIHANCE NQ. 421 . . , ' AN ORDINANCE AMEHD!HG' ORDINARCE NO. 415 BY ADDING TJma!;ro, 'ntREE NEW6.' ., .QGTJ:QNS, ro :eE ~,25..lal. ' 25.3~,((NJ), 2.5~2 8.-... .&N.J>,_~DU'G.:$,Eg'l'J;OW .:wo. 25.1~ THEREOF~.AND REPE~IBG ~.O~:Qf~CE$,Am> PARTS OF ,." Q.lU)~~9ES . ~ go:Npt,:r;~~. f~~'1'H. ,.', - I .. .. . ,_ ~ . .. ~ I . Adopt OrdInance "Approvihg Aliriexat10n of' Industrial Annex #2 On motion ot Counc1lDaa.n McClaskey, seconded by Councilman Medeiros" and the unanimous vote of the Council" the reading ot the ordinance was waived. On motion ot Councilman McClaskey" seconded by Councilman Medeiros" , and by the" tollowing cailed vote" the ord1naD.ce approving the annexation ot Industrial Annex No. 2 was passed and adopted: Ayes--Councilmen McClaskey, Medeiros and Mayor Pro-tempore Patterscn; Noes--none; Absent--Counci1man Shirley and Mayor Nordahl. 4BO SEP 8 1959 ~ o =-< > = ORDlRANCEBO. 422 ~'. ,~ ., ". ...... -" -, ~ . ~- All OElHAllCE APPllO'VDG' ANlIEXATIOR ENTITLED , ",.,'....,.o'.~~~~~.~..~~!c}~:,... ...... .. ~ .. " _ .. _ ""t Adopt Ordin~de ':APproVlng" ADnexatlon ot Paoif'ie Avenue Annex .. On motion ot Counoilman MeClaskey, seconded by Counoilman Medeiros, and the un&n1mous vote ot the Counoil, the reading ot the ordinanee was waived. On aotion of' Counoilman :!IcClaakey", seconded by councilman Medeiros, and 'by the -'following called, vote, ~he ordinanoe apprQving . the annexation ot Pacitic Avenue. Annex was passed and adopted: Iyea--Councilmen McClaskey, Medeiros and Mayor PrQ-tempore Patterson; Noes--none; Abaent-.:.counei1ll8n Shirley and _or Jlordahl. " OBDIHQCB NO. 423 _ n. AN ORDINANcE'APPROVIHG AlOOaA'fIOH ENTITLED . .. fAC:I;:rl;x, :~~.- ~, . ' . '. .. g" !.!rt" .~. , .... ...., - Con.unlcationsY- A oommunication dated August 17, 1959 was reaei ved from the Governor of the State ot California regarding the State College 8ite. A oOlllllUllication dated August 14, 1959 was reoeived. trom Franois'Dunn, Alameda County Board 01" Supervisors regarding the highway constrUotion program on the Federal level. ~'.";'.'.... ,j;- 0,;,.' ., A communioation dated August 31, 1959 was reoeived from Clair W. JtI&cLeod, President ot the . San Ji'rancisco :sa., Area Rapid Transit D1strictw1thnan :1:nf'oraal progress "report' on the activities .. . of'the Transit.Dis1;rict. . .. A oODaunica1!ion dated August 26, 1959 was received from Thad B. MoCarty, President of' the Childrens Hospital ot the East Bay with , , an invitation to the City Counoil to attend the dedieation ot the researoh laboratory on Sept. 10, 1959. Payroll and Claims One hundred torty-eight payroll claims and torty-eight claims amounting to a total of $54,043.68 were presented, and on ~ " ' motion or Counoilman JlIedeiros, seconded by Counoil1Ban MoClaskey" and by the'tollowing called vote, were ordered paid a.'oertitied by the City Jllanager: Ayes--Couneilmen McClaskey, Medeir08, and Mayor ~~~F ,,, Nt t/ ,~ I- _..... " '. '~ I , + ~ '" :- "l~ Vo4tlJl *!"I . ~., . !i. N'P R 19'59 481 Pro-tempore Patterson; Noes--none; Absent--Councilman Shirley and Mayor Nordahl. Recess n On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the urian~ous vote of the Council, the meeting recessed until Monday evening, September 21, 1959 at 8 o'clock P.M. APPROVED: 1~0. y JA~T: ~ ~ _ , " ", " . " :'for, " ,.' _, . " , ,le~", , ' . . . . Livermore, California . , **#*#*1*#*#*#*#*#*#*#*#*1*1*#*11** -~~--~-~----.--.---,-~-..~~~~-~------ I: I SEP 2 1 1~~O 1 I Adjourned Regular Meeting, September 2l, 1959 An adjourned regular meeting of the City Council was held on Monday evening, September 21, 1959, in the Library of the Livermore Union High School. The meeting was called to order at 8:00 P. M. Roll Call': Present--Councilmen Medeiros, Patterson and Mayor Nordahl; Absent--Councilmen McClaskey and'Shirley. Minutes On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council~ the minutes of the regular meeting of September 8, 1959 were approved as mailed. Public Hearing - Use Permit Application of Lewis Parker This being the time and place as set for hearing on the use permit application submitted by Lewis Parker, 688 Kelly Street to conduct a TV and radio repair business in his residence as a part time home occupation, the hearing is now open. The City Clerk announced she had received written protests to the application from the following property owners: G. T. & C. Pelsor - 2886 Kelly st. J. H. & C. L. Cordial - 2878 Kennedy St. J. Philip Diaconoff - 310 Lee Ave. A. & D. Robinson - 2862 Kelly St. T. M. Foley - 2874 Kelly st. Upon invitation by the Mayor for protestants to speak, the following property owners spoke objecting to this application primarily because it might set a precedent and other businesses would locate in this area: J. H. Lane - 367 Lee Ave. Wm C. Owans - 287l Kelly St. Jack L. Bolen - 368 Lee Ave. The Mayor then asked if anyOne wished to speak on behalf of the applicant. Mr. John Whiting spoke on behalf of the applicant and asked for I a clarification of the law which governs this case. I I Mr. Parness read from the proposed zoning ordinance the section which applies to home occupations, which, as it now reads, would exclude all home occupations. This section should be re-drafted to clearly spell out what will be allowed and what will not be allowed. The Council asked several questions of Mr. Parker regarding the operation of this business. On motion of Councilman Medeiros, seconded by Councilman Patterson~ and the unanimous vote of the Council, the 2 SEP 2 1 1959 ~ r./) Q,J o ..... public hearing was closed. Councilman Shirley was seated during the public hearing. The matter was then discussed by the Council, and on motion of Councilman Patterson, seconded by Councilman Mede~ros, and by a vote of three to one (Councilman Shirley voted no), and with the consent of the appli~ant, Mr. Parker, this matter was extended for decision until the section of the proposed zoning ordinance regard- ing home occupations has been revised and is in form. [] Reports On.motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the report of the Police Department and Poundmaster for the month of August, 1959 were acknowledged and ordered filed. Resume of Planning Commission Action on Use Permits A report was received from the Planning Commission containing a resume of the Planning Commission's action on use permits at their meeting of September 15, 1959. The use permit granted to Tide Water Realty Company for the erection of a service station at the ,northwest [] corner of Junction Avenue ~d First Street was subject to C~uncil approval since there are nominal ~osts involved to the'C~ty~ It was explained that First Street will be widened and it is necessary to extend the street surfacing back to the curb and also relocate a fire hydrant. After some discussion by the Council, on motion of Councilman Shirley, seconded by Councilman Mede:i;ros, and the unanim,?lls.vote of the Council, the use permit appliqation of Tide Water ~ealty Co. was approved subject to the recommendations of the Planning Commission with the exception of the fence height requirement, which has been deleted. ,Report of Planning Commission Re Proposed School Site A communication dated September 16, 1959 was received 'from the Planning Commission recommending approval of the proposed school [] -, site located on the north side of East Avenue, on'the east side of Amling-DeVor Lane approximately one-quarter mile from its intersection with East Avenue. SEP 2 1. 1959 3 t.' On motion of Councilman Medeiros, seconded by Councilman Patterson, and the unanimous vote of the Council~ the staff was in- structed to notify the Livermore School District that the Planning Commission and Council approve this site. Ii ! ! Report of Planning Commission Re Proposed Zoning Ordinance A report dated September l7, 1959 was recei~ed from the Planning Commission recommending approval of the proposed zoning ordinance as drafted. A public hearing will be held before the Council on October 5, 1959. Approve Tentative Map of Tract 209l (Brad-Rick Homes) A report dated September 16, 1959 was received from the Planning Commission recommending approval of the tentative map of Tract 209l subject to the recommendations of the Department of Public Works and further recommendations of the Commission as outlined in their letter. I ! On motion of Councilman Medeiros, seconded by Councilman Patterson and the unanimous vote of the Council, the tentative map of Tract 2091 was approved subject to the recommendations and conditions as set forth by the Department of Public Works and Planning Commission and further subject to final Council approval of the street treatment along East Stanley Boulevard, including fencing. Approve Tentative Map of Tract 2094 (John Pestana) A report dated September 16, 1959 was received from the Planning Commission recommending acceptance of the tentative map of Tract 2094 submitted by John Pestana~ located on the north side of Pacific Avenue easterly of Livermore Avenue subject to the recommendations of the Department of Public Works. On motion of Councilman Patterson~ seconded by Councilman Medeiros, and the unanimous vote of the Council, the tentative map of Tract 2094 was approved subject to the recommendations of the Planning I I I 1 Commission and engineering staff. Report from City Manager re City Participation in Park & Recreation Capital Improvements As there was not a full Council, on motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the CounCil, discussion on the City's participation in park and recreation capital improvements was postponed to a study session. 4 S.J ') '.1''\. _, Iw _~ ....'w.... Authorize Dump Site Lease for Grazing Purposes to Edward DePaoli The City Manager reported that the City has a lease in effect permitting a private rancher to use approximately 80 acres of City omed property at the dump for grazing purposes. The rate for this lease m $328. per year, $4. per acre. The lease has been in effect for a 2 year term and will expire next mont~. The present contractor for the operation of the dump site has requested permission to obtain this lease for the same purpose and has agreed to pay the rate that has been in effect. Mr. Parness stated there is an additional 80 acres also avail- able which would make available for lease 160 acres, less expansion of the dump. Mr. DePaoli was present at the meeting and stated it was his ~nderstanding when he bid on the operation of the dump site that he would be allowed use of the additional land not used for dump site purposes. He would be willing to lease this property from the City under the same terms and conditions as presently in effect. After some discussion, on motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the staff was instruct~d to negotiate a lease with the present dump operator, Mr. DePaoli, for approximately 160 acres at $4.00 per acre for a term of two years. Award Bid on Pickup Truck (Pound Truck) Mr. Parness presented his analysis on the bids for a six cylinder one-half ton pickup truck and recommended that the bid of Bud Gestri Ford Sales in the amount of $170~.OO for a 1959 model Ford truck be accepted. On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the City Manager's recommendation was accepted and the bid awarded to Bud Gestri Ford Sales. RezonipgApplication - Joseph L. Murphey At this time the Council discussed the application for rezoning submitted by Joseph L. and Ethel Murphey to accommodate the erection of multiple dwelling units. On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the recommendation of the Planning ~ [fJ Q., '=' ~ n n o ~fr\ "i95j 5 I I Commission to rezone this parcel to Zone R-2 was accepted. Mr. Parness stated that it is extremely important that the Planning Commission be instructed to review all applications for re- zoning and make sure they are not in conflict with the General Plan, also every rezoning application should have an accompanying letter from the Planning Commission stating that it is not in conflict with the General Plan or they are recommending an amendment to the General Plan. Grant Applications for Exempt Business Licenses and Solicitors Permits. Applications for exempt business licenses and solicitors permits were received from the following: l. . United Bay Area Crusade - solicit funds 2. V.F.W. Auxiliary - Magazine subscriptions for purchase of additional sickroom equipment for community loan closet. On motion of Councilman Shirley, seconded by Councilman Patterson, and the unanimous vote of the Council, the applications were approved and the issuance of exempt licenses and solicitors permits were authorized. Resolution of Intention to Amend the City's Contract with the State Employees' Retirement System The following resolution was read and introduced by Council- man Patterson, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--nonej Absent--Councilman McClaskey. Resolution #l34-59 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE STATE EMPLOYEES' RETIRE~NT SYSTEM AND THE CITY COUNCIL OF 'l'HE CITY OF LIVERMORE Authorize Execution of Agreement with State Division of Highways for Engineering Aid The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McClaskey. Resolution #135-59 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVERMORE ADOPTING BUOOET AND APPROVING MEMORANDUM OF AGREEMENT FOR EXPENDITURE OF FUNDS ALLOCATED UNDER SECTION 2l07. 5 OF THE STREETS AND HIGHWAYS CODE 6 1,,:'.-:,) ')' 19..'.~ u_, (.;J_ J.. Authorize Execution of an Agreement with state Division of Highways for Gas Tax Funds The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--nonej Absent--Councilman McClaskey. Resolution ~136-59 RESOLUTION OF THE CITY COD CIL OF THE CITY OF LIVERMORE ADOPTING BUDGET AND, APPROVING MEMO- RANDUM OF AGREEMENT FOR EXPENDITURE OF GAS TAX ALLOCATION FOR MAJOR CITY STREETS Urge Support of United Crusade The following resolution was read and introduced by Council- man Patterson, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen Medeiros, Patterson,. Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McClaskey. Resolution #137-59 RESOLUTION DECLAR:!:NG THE MONTH BEG'INNING SEPTEMBER 17, 1959 t1UNITED CRUSADE MONTH" . . Proposed Ordinance Amending Ordinance No. 191 Joseph L. Murphey - Multiple Dwellings A proposed ordinance amending Ordinance No. 191 rezoning property on the east side of Holmes Street from Zones M-3 and R-l to Zone R-2 to accommodate mu~tiple dwellings was given a first reading and on motion of Councilman Shirley, seconded by Councilman Medeiros, and by the following called vote, was ordered filed: Ayes-- Councilmen Medeiros, Patterson, Shirle~and Mayor Nordahl; Noes-- n~nej Absent--Councilman McClaskey. Adopt Emergency Ordinance Re the Control of Harmful Vegetation - (Castor Bean Plant) I On motion of Councilman Patterson, seconded by Councilman Medeiros, and by the following called vote, the ordinance regarding the control of harmful vegetation was passed and adopted: Ayes-- Councilmen Medeiros, Shirley, Patterson and Mayor Nordahl; Noes-- nonej Absent--Councilman McClaskey. - ORDINANCE NO. 424 AN ORDINANCE OF. THE CITY. OF LIVERMORE DECLARING THE CASTOR OIL BEAN PLANT (RICINUS COMMUNIS) AND OTHER DANGEROUS AND POISONOUS VEGETATION TO BE A PUBLIC NUISANCE AND PROVIDE A PUNISHMENT FOR FAILURE rro REMOVE THE SAME. (URGENCY ORDINANCE) ~ [f) 0.., o ~ n n o SEP ft" 7 Petition for Annexation - Refer to Alameda County Boundary Commission A communication dated September 14, 1959 was received contain- ing a petition for annexation submitted by Livermore Acres, Inc. The property is adjacent to Tract 1989. - , On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the City Clerk was instructed to submit this petition to the Alameda County Boundary Commission for review and report. Communications Communications from the Army and also from the Navy regarding activity at Camp Parks. Communication dated September ll, 1959 was received from Joe Camiamillo regarding bicycle racing in Livermore. These communications I were ordered filed. Payroll and Claims Sixty-nine payroll claims and one claim amounting to a total of $12,532.35 were presented~ and on motion of Councilman Patterson, seconded by Councilman Medeiros, and by the following called yote, were ordered paid as certified by the City Manager: Ayes--Council- men Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent-- Councilman McClaskey. .Grant Application for Exempt Business License and Solicitor's Permit An application for an ex~m~t business license and solicitor's permit was received from Memory Gardens - Odd Fellow Memorial Park for a pre-need sales program to provide a general care and mainte- nance trust fund and for park development. On motion of Councilman Shirley, seconded by Councilman Patterson, and the unanimous vote of the Council~ the application was approved and the issuance of an exempt license was authorized. Adjourn On motion of Councilman Medeiros, seconded by Councilman Pattersor. Livermore, California . 8 OCT 5 1959 ~ C/J Q., o ~ Re~ular Meeting, October 5, 1959 A regular meeting of the City Council was held on Monday evening, October 5, 1959, in the Library of the Livermore Union High School. The meeting was called to order at 8:0l P. M. Roll Call: Present--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Absent--none. n L.-~ Minutes On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, the minutes of the adjourned regular meeting of September 2l, 1959 were approved as mailed. Public Hearing -Proposed Zoning Ordinance This being the time and place as established for public hear- ing on the proposed zoning ordinance, the hearing is now open. I Seven written communications were received on this matter from the following: 1. Western Oil & Gas Association - regarding restrictions on service stations. 2. Foster and Kleiser - regarding restrictions on outdoor advertising signs. u 3. Earl Odell - regarding zoning at corner of East Avenue aria 7th Street. 4. Associated Horne Builders - referred from Planning Commis- sion regarding setback requirement for corner lots. 5. Planning Commission - regarding setback for corner lots. 6. Pacific Gas & Electric Co. - regarding suggested amend- ments to various sections. 7. Edwin F. Brady - regarding setback in RG zone and require- ment of more than one building with so many units per building. Those present at the meeting and speaking on various sections of the proposed ordinance were as follows: J. L. Messenger of Design Associates, representing Sunset Development Co. and Brad-Rick Homes, protested the setback require- ments on corner lots, for reasons as stated in the letter from Il ~ - Associated Home Builders. George Unsworth, representing Western Oil & Gas Co. stated he would like to answer any questions the Council may have regarding his firm's letter. OCT 5 1959 9 ., I ~ ! ! Don Tobin of the Livermore Sanitarium stated that under the proposed zoning, they are classified as low density residential. On Page 81 under public and quasi-public uses, there i~ no mention of a hospital or sanitarium. This was apparently an oversight. It was suggested that the Council may wish to apply a permanent zoning classification where the Livermore Sanitarium is located. Ray Adams of Foster and Kleiser spoke regarding the regulations on outdoor advertising signs. The business of outdar advertising will be totally prohibited in Livermore. The setback requirement would make every sign non-conforming. They feel that outdoor advertising should be a permitted use in the CH, CB, CG and IM Districts. Mr. Adams stated he would be glad to answer any questions regarding his letter. Denise Thibault commented on the Highway Commercial District. There is no provision for this zone on anyone of the entrances into the City. She specifically mentioned the north side of First Street at Scott, this is zoned residential and yet across the street is the P. G. & E. and Pacific Telephone & Telegraph Co. yards and railroad tracks. Also other property along the street is multi- purpose. I ~s. Thibault objected to the 2500 aq. ft. per trailer requirement for trailer parks and also the proposed zoning (RM) of the triangular ptece of property at No. P and Chestnut Street. This property was zoned Industrial Intermediate and was sold as such. Lurl Ostrander referred to Page 26 regarding non-conforming uses with a valuation of $500 or less, - "All uses non-conforming at the time of adoption of this ordinance by reason of non-compliance with performance standards stipulated in the ordinance shall adopt necessary measures to conform therewith within three years of the adoption of this Ordinance. If Mr. Ostrander stated that_ performance standards are not provided for in the ordinance and it was agreed that this phrase should be re-drafted to read - "conditions . stipulated in this ordinance etc." to OCT 5 > 1959 Mr. Ostrander also commented on the general restrictiveness c of the ordinance and asked - does this become a City of laws or a City of men. He has heard that the Council intends to interpret this. law liberally but what will happen when other men are interpret- ing the ordinance. Mayor Nordahl stated that any actions taken under this ordinance will depend upon the firmness or lack of firmness by this particular group. In a few years a different Council may interpret the ordinance d1fferently than this Council. The ordinance can be changed by the vote of the Counci~ any time they wish to change it. Earl Odell questioned the zoning for the northwest corner of 3rd and South N Streets which has been rezoned to C-l and he was informed that since this was a recent rezoning, it did not appear on the map but this will be corrected. Don Miller stated he believes this ordinance will become a political issue; how strict this ordinance will be enforced will be of major concern at election time. Joan Fetersen questioned the law regarding the number of pets for each dwelling unit. She does not like the.idea of telling people how many pets they are allowed to have, and couldn't-this be regulated by a disturbance of the peace or nuisance law. Mayor Nordahl stated that the provisions of this ordinance is for the protection of thecmost number of people. It is intended to prevent persons from going into the business of raising pets in their home and sometimes a person hesitates to file a complaint against his ,neighboDS. Denise Thibault asked the question whether a garden apartmert; is allowed in an RN District. She was informed that any multiple residential use whether called garden apartment or by some other name would be allowed in a multiple district if~ met the minimum requirements. As there was no further participation from the audience, on motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the public hearing was closed. ~ rJ:) Q., o ...... n L..-< i I LJ OCT:5 1959 11' The various suggested amendments to the ordinance will be discussed at a study session meeting on October 26, 1959. Reports On motion of Councilman Patterson, seconded by Council~an Shirley, and the unanimous vote of the Council, the report of the Justice Court for the months of July and August, 1959 were acknowledged and ordered filed. Approve Tentative Map of Tract 2086 (Jensen Dev. Co.) A report dated September 30, 1959 was received from the Planning Commission recommending acceptance of the tentative map of Tract 2086 submitted by Jensen Development Company, located north of East Avenue and abuts Hillcrest Avenue on the easterly side, subject to the recommendations of the Planning Commission. On motion of Councilman Medeiros, seconded by Councilman Patterson, and the unanimous vote of the Council, the tentative map of Tract 2086 was approved subject to the recommendations of - the Planning Commission. Grant Extension of Time on Demolition of Residential structure (Jugum) The City Manager reported to the Council regarding the demolition of a residential structure at 688 So. H Street. In accordance with provisions of the Uniform Building Code, formal notice was served upon the property owners requiring demolition of the structure. Mr. Joseph Schenone, attorney for the proper~y owners, was present at the meeting and requested that a reasonable time be set to permit the demolition and removal of all debris from the property by the owners. A period of 30 days was suggested. CounCilman Medeiros stated he felt 30 days was not sufficient, they should be allowed at least 60 days to remove the building. On motion of Councilman Patterson~ seconded by Councilman Shirley, and by the following vote, a 30 day extension or until November 5, 1959 was granted for the demolition of the building: Ayes--Councilmen McClaskey, Patterson, Shirley and Mayor Nordahl; Noes--Councilman Medeiros; Absent--none. 12 ocr 5 1959 ~ r;J c- o ~ City Attorney Report Re Reimbursement of Park Fund Collections A report dated October 5, 1959 was received from the City Attorney regarding the reimbursement of funds collected under the City's former park and recreation fees program. As this subject is to be discussed at the League conference, an opinion on this matter was withheld until after said conference. .- j I Approve Increase of Petty Cash Fund Limit A report was received from the Finance Director requesting an increase of the dollar limit of the petty cash fund from $175. to $250. On motion of Councilman McClaskey, seconded by Councilman Shirley, and the unanimous vote of the Council, the petty cash fund limit was increased from $l75. to $250. Resume of Planning Commission Action on Use Permits Conditional Use Permit - Valley Memorial Hospital A report dated September 30, 1959 was received from the Planning Commission recommending the granting of the use permit application submitted by Valley Memorial Hospital subject to the conditions previously imposed by the City Council on this matter. At, a former City Council meeting, action was adopted assessing the hospital one-half of the sewer connection fees, the total amount of wh~ch equals about $4,350; however, no decision was made on the storm drain fees. I , I I On motion of Councilman Patterson, seconded by Councilman Shirley, and the majority vote of the Council, (Councilman McClaskey abstained from voting), the storm drainage fees were approved as will be computed by the engineering staff, based on the storm drain report. The Mayor then declared a five minute recess. The meeting was called back to order at 9:30 P. M. Conditional Use Permit - Odd Fellows Memorial Park An application for a use permit was submitted by Odd Follows Memorial Park, 3900 East Avenue, to locate temporarily on the' , northeast corner a 9' x 18' .Porta-House Building to be used as-a temporary sales office. lJ OCT;) 1959 13 ^ On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the use permit was granted subject to the recommendations of the Planning Commission. I I Variance Application - J. H. Burns - Postponed A report from the Planning Commission recommending denial of the application for variance from rear yard requirements to construct a raised deck attached to the house, and variance from rear yard and height requirements to construct a board-and-batten screen~ submitted by J. H. Burns, 383 Martin Avenue. After some discussion by the Council, a motion was made by Councilman McClaskey to grant the variance. The motion died for lack of a second. On motion of ICouncilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, decisiqn on this matter was postponed until the meeting of October 19, 1959 so that the Council may review the location of this proposed construction. Variance Application - M. M. Simons - Denied A report from the Planning Commission recommending denial of the application for variance from side yard requirements submitted by M. M. Simons, 344 Pestana Place, to erect a carport and storage area on the front half of the side yard. On motion of Councilman Shirley, seconded by Councilman Patterson, and the upanimous- vote of the Council, the recommendation of the Planning Commission was accepted and the variance den~ed. Discussion on City Participation re Park and Recreation Capital Improvement Financin~ The Council discussed the City's participation regarding park and recreation capital improvement financing. A motion was made by Councilman Shir~ey, and seconded by Councilman McClaskey, to float a bond of approximately $350,000. or an amount to be determined, to acquire park sites, present and future, and provide a swimming pool. The motion failed by the following vote: Ayes--Councilmen McClaskey and Shirley; Noes-- ,- Councilmen Medeiros, Patterson and Mayor Nordahl; Absent--none. 14 OCT 5 1959 Since the Council is unable to reach an agreement, Mr. Parness was instructed to inform the Recreation District that the City at this time cannot find equitable means of financing park and recreation improvements but the Council is continuing their discussions on the matter. This matter will be put on the stUdy session agenda for October 12, 1959. Grant Application for Exempt Solicitor's Permit Fairhaven Home & Hospital This matter was deferred from a prior meeting in order to obtain additional information as to the organization's contribution to our City. A letter was presented regarding this matter. On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, 'the application was approved and the issuance of the solicitor's permit was authorized. Vila Gulf Public Housing Survey The matter of discussion of the Public Housing Administration Survey at a joint session w~th members of the Vila Gulf Housing Board was set for the study session meeting of October 26, 1959. Grant Applications for Exempt Business Licenses and Solicitors Permits Applications for exempt business licenses and solicitors permits were received from the following: 1. Livermore Blockbusters, Inc. - conduct dances ex- clusively for high school students. 2. Welcome Wagon Club - style show for benefit of hospital building fund. On motion of Councilman Medeiros, seconded by Councilman I Patterson, and the unanimous vote of the Council, the applications were approved and the issuance of exempt licenses and solicitors permits were authorized. Accept Agreement and Bonds for Improvements to Tract 2056 - Livermore Development Company The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. ~ 'JJ 0." o ~ Il I I I I l J OCT 5 1959 15 Resolutio~l38-59 RESOLUTION ACCEPTING AG MENT AND BONDS FOR IMPROVEMENTS TO TRACT 2056 Approve Subdivision Map of Tract 2056 Livermore Development Company I I I The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Patterson, and by the following :called vote was passed: Ayes--Councilmen McClaskey ~ Medeiros~ . Patterson~ ~hirley and Mayor Nordahlj Noes--nonej Absent--none. Resolution ~l39-59 RESOLUTION APPROVIN MAP OF .THE SUBDIVISION OF TRACT 2056 Agreement for Sanitary Sewer Pipe Line in Tract 2056 & Vicinity - Livermore Development Co. The following resolution was read and introduced by Council- man Patterson, seconded-by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution ~140-59 RESOLUTION APPROVING AGRE MENT FOR INSTALLATION OF A 12" VCP SANITARY SEWER PIPE LINE IN TRACT NO. 2056 , and VICINITY Accept Maintenance Bond from McGuire & Hester The following resolution was read and introduced by Council- man Shirley, seconded by Councilman ~deiros, and by the following called vote was passed: Ayes--Coun~ilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--nonej Absent--none. Resolution #141-59 RESOLUTION APPROVING MAINTENANCE BOND Agreement with Livermore Disposal Service Lease Portion of Corporation Yard The City Attorney read a proposed agreement with Livermore Disposal Service for leasing a portion of the Corporation Yard and to construct a l21 x l21 metal storage shed and to permit the open parking of the collection vehicles on said property for the sum of $25.00 per month. A resolution was read and introduced by Councilman Patterson, and seconded by Councilman McClaskey, to authorize the execution of -said lease. Councilman Medeiros stated that he felt $25.00 per month rental was not enough and he moved to amend the motion to approve the .lease to increase the rental fee to $50.00 per month. The 16 LH~: 5 1959 ~ 'J) ,..., -~ o ~ motion failed by the following naIled vote: Ayes--Councilmen Medeiros, and patterson; Noes--Councilman McClaskey, Patterson and Mayor Nordahl; Absent--none. A motion was then introduced by Councilman Shirley, and seconded by Councilman Medeiros, to increase the rental fee to $35.00 per month. This motion passed by the following called vote: Ayes--Councilmen McClaskey, Medeiros and Shirley; Noes--Councilman Patterson and Mayor Nordahl. ~ ~~~~ The resolutiowintroduced by Councilman Patterson, and seconded by Councilman McClaskey, to authorize the execution of the agreement passed by the following called vote: Ayes--Council- men McClaskey, Medeiros and Shirley; Noes--Councilman Patterson and Mayor Nordahl; Absent--none. Resolution #142-59 RESOLUTION AUTHORIZI~G EXECUTION OF AGREEMENT WITH LIVERMORE DISPOSAL SERVICE n Autho~ize Agreement with Ge-Cart Association Lease Portion of Refuse' Ddsposal Property The following resolution was read and introduced by Council- man McClaskey, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, I i I, " Shirley and Mayor Nordahl; Noes--none-; Absent--none. Resolution~43-f9 - . RESOLUTION AUTHORIZING CUT ON OF AGREEMENT WITH LIVERMORE GO-CART ASSOCIATION Issue Conditional Use Permit to Livermore Valley Community Hospital The following resolution was read and introduced by Council- man Patterson, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen P~C'l&.l[ey, Medeiros, I I , Patterson, Shirley and Mayor Nordahl; Noes--non~; AbSe!1t,--no1'1;e,!~~ Resolution~144=t9 ~l}'[~~ -t1;~1 A RESOLUTION OF THE CI OF IVERMORE AUTHORIZING THE ISSUANCE OF A CONDITIONAL USE PERMIT TO THE LIVERMORE . VALLEY COMMUNITY HOSPITAL ' Lease Portion of Refuse Disposal Property Grazing Purposes - DePaoli Equipment Co. The following resolution was read and introduced.by Council- man Medeiros, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, I " Pattersony Shirley and.Mayor Nordahl; Noes--nonej Absent--none. OCT s 1959 17, Resolution #145-59' . , RESOLUTION AUTHORIZING EXECUTION OF LEASE WITH bePAOIL EQUIPMENT CO. Adopt Ordinance Amending Ordinance #l9l Joseph L. Murphey - Multiple Dwellings On motion of Councilman Shirley, seconded by Councilman Patterson, and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman Patterson~ seconded by Councilman Shirley, and by the following called vote, the ordinance amending Ordinance No. 191 was passed and adopted: Ayes--Council~en McClaskey, Medeiros~ Patterson~ Shirley and Mayor Nordahl; Noes-- none; Absent--none. ORDINANCE NO. 425 AN ORDINANCE AMENDING ORDINANCE NO. 191 ENTITLED "AN bRDINANCE PROVI-DING FOR THE CREATION WITHIN THE INCORPORATED AREA OF THE CITY OF LIVERMORE OF CERTAIN ZONES AND IN .THE SEVERAL ZONES THEREBY CREATED DESCRIBING THE CLASSES OF BUILDINGS, SrrnUCTURES AND IMPROVEMENTS; REGULATING, RESTRICT- ING AND SEGREGATING THE LOCATION OF DWELLINGS, AP ARTf'lENTS, TRADES, BUSINESSES, AND INDUSTRIES AND OTHER SPECIFIED USES; REGULATING AND LIMITING THE HEIGHT AND BULK OF BUILDINGS AND STRUCTURES AND THE AREA OF BULLDING SITES COVERED THEREBY AND PROVIDING FOR BUILDING AND USE PERMITS; DEFINING THE TERMS USED HEREIN; PROVIDING FOR THE ENFORCEMENT AND AMENDMENT OF SAID ,ORDINANCE; PROVIDING PENALTIES FOR ITS VIOLATION," BY AMENDING PARAGRAPH TWO OF SECTION THREE THEREOF. Discussion Requested Re Blockbusters ])3.nce Mr. James Lembesis and Mr. Allen Hill were present at the meeting regarding a recent incident when the Livermore Blockbusters were to give a dance and were closed down by the Police Department for not having a permit. This matter was referred to the meeting of October 19, 1959 when members of the Police Department involved can be present and the City Manager can obtain what material and information is available regarding this matter. Communications A communication dated September 26, 1959 was received from G. R. McLeod, attorney for Livermore Lodge No. 219, I.O.O.F., I appealing the decisions of the Board of Appeals re the structural 18 OCT 5 1959 improvement notice for the I.O.O.F._premises. As this notice of appeal is unnecessary at this time since the City's Board of Appeals has not yet issued a final decision of this action, this communication was filed. A communication dated September 15, 1959 was received from the Livermore School District regarding a Special Tax Election. A copy o~ the minutes of the Housing'Authority meeting of August 18, 1959. Noes--none; Absent--none. Recess On motion of Councilman Medeiros, seconded by Councilman Patterson, and the unanimous vote of the Council, the meeting recessed at ll:#q P. M. to meet Monday evening, October 19, 1959 at 8 o'clock P. M. APPROVED: 1\~ 10 I t1--fJ..J}' ATTEST: ~~._~)- Mayor ~ C.' e~ I ' Livermore, Callfornia ,9~Tl,9,1~5..~" ,- "'. ~ CJj 0,/ o ~ I \ Ii I 'I I I I , OCT 1 :' 1959 19 Adjourned Regular Meeting, October 19, 1959 An adjourned regular meeting of the City Council was held on Monday evening, October 19, 1959 in the Library of the Livermore Union High School. The meeting was called to order at 8:U2 P. M. Roll Call: Present--Councilmen McClaskey, Medeiros, and Mayor Nordahl; Absent--Councilmen Patterson and Shirley. Presentation of Bear Flag by Native Sons Mr. Clarence Hicks, representing the Native Sons of the Golden West, presented to the City a Bear Flag to be flown with the American Flag from the City Hall. Councilman Patterson was seated at this time. Minutes On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, the minutes of the regular meeting of October 5, 1959 were approved as corrected. Councilman Shirley was seated during discussion of the minutes. Reports On motion of Councilman Patterson, seconded by Councilman Shirley, and the unanimous vote of the Council, the reports of the Police Department, poundmaster and Fire Chief for the month of September, 1959 were accepted and ordered filed. Resume of Planning Cow~ission Action on Use Permits Appeal Action & Request Referral Back to Planning Commission No action was taken on use permits with the exception of the application of Veronique Biscay - George GOldwater, Agent. The City Clerk reported a telegram and letter was received from Mr. Goldwater appealing the decision of the Planning Commission and requesting that the matter be returned to the Planning Commission so that he might present revised plans to the Commission. On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the application was referred back to the Planning Commission. Report of Planning Commission Variance Application - Mark Wilkins A report dated October l4, 1959 was received from the Planning Commission recommending denial of the application for variance from 20 OCT 1 9 1959 ~ [/) OJ o ~ side and rear yard requirements for construction of a swimming pool, fence~ and associated landscape features, submitted by Mark Wilkins, 764 Jensen Street. The,City Clerk read a letter from Mr. Wilkins requesting that his application be withdrawn as an error had been found on the drawings submitted with his application~ and after they are checked, he wishes to re-submit his application. The Council granted the request for withdrawal of the application. ,-----; I I I ! ! I I Report of Planning Commission Re Policies and Standards for Fallout Shelters A report dated October 14, 1959 was received from the Planning Commission regarding policies and standards for fallout shelters submitted to the Commission by J. R. Gaskill, Asst. Directcr of Civil Defense. Discussion on this matter was referred to the study session . on November 9, 1959. Report of Planning Commission ltems Recommended for Study on Proposed Zoning Ord. Reports dated October l4~ 1959 were received from the Planning Commission with items recommended for study by the Council on the proposed zoning ordinance. These items will be considered at the study session of November 9th. Representation from the Planning Commission will be requested at this meeting. I" I I I '-' Request for Waiver of Solicitor's Bond James H. Graham A communication dated October 6~ 1959 was received from Mr. James H. Grabam requesting a waiver of the requirement of posting a $500. solicitor's bond. He and his wife sell Compton's Pictured Encyclopedia. Mr. Graham feels he has proven his honesty and willingness to comply with the-existing law by posting a temporary bond and receiving a permit while working during the past summer as a representative of this company. Mr. Graham is a local resident and is employed on a full time basis by the Livermore High School District. f _~..J On motion of Councilman Shirley, seconded by Councilman Medeiros, and by the following called vote, the $500. bond requirement OCT 1 9 1959 21 was waived: Ayes--Councilmen McClaskey, Medeiros and Shirley; Noe~- Councilman Patterson and Mayor Nordahl; Absent--none. Variance Application - J. H. Burns The matter of a variance from rear yard requirements to con- struct a raised deck attached to the residence, and variance from rear yard and height requirements to construct a screen submitted by J. H. Burns, 383 Martin Avenue was postponed to this meeting for decision. The Planning Commission recommended this application be denied. After some discussion by the CounCil, on motion of Councilman Shirley, seconded by Councilman Patterson, and by the following called vote, the recommendation of the Planning Commission was accepted and the variance application was denied: Ayes--Councilmen McClaskey, Medeiros, Patterson~ Shirley and Mayor Nordahl; Noes--none; Absent--none. .Determine Airport Site L...;cation Authorize Preparation of Application for Federal Funds At this time the Council discussed at length the two sites under consideration for our City's municipal airport relocation as 'fully outlined in the report submitted by Leigh Fisher & Associates. The City Manager explained that there are two questions of primary concern to which attention was devoted. , , These are as follows: l. What would be the difference in the total capital in- vestment between Site 1 and Site 3, taking into account land acquisition and the costs of physical improvements? ... 2. Which site would offer the maximum utility as a municipal airport facility? As to cost differential, it has been indicated through recent surveys which calculated land values and engineering analysis of improvement costs, that Site 1 can be developed for a total price sub- stantially below Site 3. Essentially, this is due to the difference in land values between the two locations. However the differences in improvement costs are considered to be secondary to the major issue which concerns the serviceability of the location to airport needs.... In a recent discussion on the matter with t~e District Engineer of F.A.A. he concludes that Site 1 should not be given 22 OCT 1 9 1959 ~ r/] .-, .........J '=' ~ -further consideration for use as an airport facility since the physical limitations-involved in the sector preclude it being developed to its ultimate n~ed. This statement was reiterated and fennally filed with the City by letter. Mr. Parness recommended that the City Council adopt a motion officially determining a proposed municipal airport site so that an application ~or matching Federal funds can be submitted. Various points discussed by the Council were: 1. A study presented by the Airport Advisory Committee showing what could be installed within existing financial means which would be completely adequate safety-wise with the ability to expand. 2. The location of the proposed site as related to our industrial zene area. 3. The possible angling of the landing pattern so that the airplanes will not be flying over the city as they land. Mr. Lowell Miller spoke on behalf of George Jamison, property owner. The relocation of Site 3 would take 30 acres of the Jamison I --, : I property and Mr. Jamison is opposed to the site proposed to be taken. The value placed on this land is too low as this is valuable gravel propenty. Mr. Miller suggested the site be moved to the north. Mr. Miller requested copies of all data and reports regard- ing this proposed relocation as he is representing a property owner vitally concerned. After further discussion, on motion of Councilman Shirley, seconded by Councilman McClaskey, and by the following called vote, the Council approved a location of the airport westerly of the City " in the general vicinity of Site 3 as outlined in the appraiser's report and instructed the staff to prepare the application for matching Federal funds and the necessary engineering data to be submitted to the City Council for review and approval prior to transmittal to the Federal Aviation Agency: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes-- :l none; Absent--none. OCT 1 9 19SQ 23 Applications for Exempt Solicitor's Permits Granted J Applications for exempt business licenses and solicitors permits were received from the following: l. P.A.T.S. (Parents, Teachers~ Administrators and Students of Livermore High School) - Student welfare I 2. JASAIC, a Junior Achievement Co. - selling and making ceramic hot plates. 3. Specialty Products Co. - a-Junior Achievement Co. selling and production of Porta-Ease lawn chairs. 4. Explorer Scouts, Harry L. Spears, Advisor - to sell a weiner roaster. 5. Knights of Columbus, Council #4588 - to conduct a dance. I On motion of Councilman McClaskey, seconded by Councilman Medeiros, and the unanimous vote of the Council, the applications were approved and the issuance of exempt business licenses and solicitors permits were authorized. Authorize Application to Federal Government for Sale of the Existing Airport Property The following resolution was read and introduced by Council- man Patterson, seconded by Councilman Medeiros~ and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #l46-59 REQUEST FOR RELEASE OF AIRPORT PROPERTY FROM TERMS, CONDITIONS, RESERVATIONS AND RESTRICTIONS OF SURPLUS AIRPORT PROPERTY INSTRUMENT OF ACQUISITION Nctice of Proposed Annexation Mocho Annex No. 3 The following resolution was read and introduced by Council- man Shirley, seconded by Councilman McClaskey~ and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution ~l47-59 . RESOLUTION GIVING NOTICE 0 PROPOSED ANNEXATION OF UNINHABITED TERRrmy AND FOR HEARING OF OBJECTIONS THERETO Appointment to Planning Commission (Conttd) The matter of an appointment to the Planning Commission was continued to another meeting. 24 OCT 1 9 1959 ~ '(/) OJ o ~ Adopt Ordinance Re Amendment to Contract with State Employees' Retirement System Urgency Ordinance On motion of Councilman Patterson, seconded by Councilman Medeiros, and by the following called vote, the ordinance amending the contract with the State Employees' Retirement System was passed and adopted: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. -; ORDINANCE NO. 426 AN ORDINANCE OF THE CITY COUNCIL AUTHORIZING AN AMENDMENT 'ro THE CONTRACT PROVIDING FOR THE PARTICIPAPION OF THE CITY OF LIVERMORE IN THE CALIFORNIA STATE EMPLOYEES i ,RETIREMENT SYSTEM" MAKING ITS EMPLOYEES MEMBERS OF SAID SYSTEM. Communications A communication dated October 7, 1959 was received from the State Division of Highways regarding additional study in connection with the rerouting of State Route 108 in the vicinity of Livermore. Matters Initiated by Councilmen Councilman Shirley suggested that the Council appoint five airport commissioners to administer the airport facility. The staff was to draw up a resolution creating an airport commission. Councilman Patterson commented ~n the drainage problem of the Fletcher property (Tentative Tract 1971), and wondered if the City couldn't purchase the Sunken Gardens from the Recreation District and lease it back to them for a nominal fee so that a portion I ---.I of the area can be used for drainage. This seems to be the only possible solution to prOVide drainage for this property. This matter will be discussed at a study session. Councilman McClaskey asked the status of the Veterans Memorial Building. Mr. Parness reported~hat the most recent information was that the City's request was being processed, but he will inquire again. Discussion on Blockbusters Dance II U Mr. Allen Hill and Mr. James Lembesis were present at the meeting regarding the incident when the Livermore Blockbusters were to give a dance and were closed down by the Lieutenant for not having a permit. OCT 1 \1 1959 25 Mr. Parness reported that this matter had been thoroughly discussed with Mr. Lembesis and Lieutenanct Foley and any mis- understanding had been cleared up. On this particular night the Chief was out of town and had given orders that this dance was not to be held under any circumstances if a permit had not been obtained. The Lieutenant was merely following the orders of his superior. Ci ty Participation Re parl{ & Recreation Capital Improvement Financing Mr. Parness read a copy of his letter to the Recreation District regarding the City's participation in park and recreation capital improvements and stated they wish to have a more definite answer on what the City can do toward financial participation. Mr. Parness was to inform the District that at this time we have no means by which the city may participate in a capital development program. f\.djourn On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the meeting adjourned at 11:07 P. M. APPROVED: ~ ~ --- ./ ATTEST: CJ. y ,. er L Mayor Livermore, California NOV 2 lQS9 . **&*&*&*&*&*&*&*&**&*&*&*&*&*&** I 26 NOV 2 1959 ~ [/) O-r o ~ Regular Meeting~ November 2, 1959 _ A regular meeting of the City Council was held on Monday evening, November 2~ 1959, in the.Library of the Livermore Union High School. The meeting was called to order at 8:00 P. M. Roll Call: Present--Councilmen McClaskey, Medeiros, Patterson, I I I__J Shirley and Mayor Nordahl; Absent--none. Minutes On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, the minutes of the I adjourned regular meeting of October 19, 1959 were approved as mailed. Reports On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the report of . revenues and expenditures for the period from July l, 1959 to September 30, 1959 was acknowledged and ordered filed. Resume of Planning Commission Action of Use Permits -\ I ! A report was received from the Plannipg Commission containing a resume of the Planning Commission's action on use pe~mits at their meeting of October 27, 1959. No further action was taken by the Council. Discussion on Precise Airport Location At the City Council meeting of October 19, 1959 the Council specified that the proposed location of our city1s airport site shall be situated westerly of the City in the proximity as described in the appraiser's report. Within the past two weeks our staff has devoted considerable time in analyzing all of the alternatives in this sector. Existing development, various land improvements, physical obstructions and property severances were studied. Sub- !l sequently, representatives of our Airport Advisory Committee reviewed l_J all alternates and the most favorable plot plans in addition to visiting the proposed site locations. Plot plans delineating all of the alternates as studied were presented, a copy of which is on file in the City Clerk'S office. NOV 2 1959 27 Each plan was presented and the advantages and disadvantages discussed. Councilman Shirley suggested that Plan C or D be studied more closely. If Plan D were tipped up about 5% it would miss the camp, house and pumps; it would give a closer access to the highway and the property owner would still have access to the easement over the tracks. Mayor Nordahl read a telegram from Hardin, Fletcher, Cook and Hayes, I attorneys for Edwin Hagemann~ advising the Council that the Hagemann property is not for sale and any condemnation action will be strenuously opposed. Mr. Arnold Abrott~ representing the Kaiser Company, spoke objecting to Plan A and B. Air easements would include a portion of their property and the grantor of said easements would be pro- hibited from erecting any structure in excess of 50 feet in height. His company's operation would require a boom to be used in this area which is 100 to l50 feet in height. Mr. Lowell Miller, representing George Jamison~ objected to Plans A and B for the same reasons as Mr. Abrott. Plans C and D would be less objectionable. The Council further di~cussed the various locations and what the severance costs might be in the case of Plan C or D. On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the City Manager was authorized to order a preliminary appraisal on severance costs involved in Plan C and D. Grant Application for Exempt Solicitor's License An application for an exempt solicitor's license was received from the Las Hermanas Tri-Hi-Y Club of Y.M.C.A. to solicit funds. On motion of Councilman McClaskey, seconded by Councilman Patterson, and the unanimous vote of the Council~ the application' was approved and the issuance of an exempt solicitor's license was authorized 28 NOV 21959 ~ r./J 0.... o ...... Authorize Amendment to Maintenance Contract with Bud Gestri Ford Sales The following resolution was read and introduced by Councilman Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros~ Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution ~48-~9 . RESOLUTION AUTHORIZING AG EME T FOR RENEGOTIATION OF CONTRACT - BUD GESTRI FORD SALES Accept Deed from Hayward Poultry Producers Ass1n. (To Accommodate Required Widening of First St.) The following resolution was read and introduced by Council- man Patterson~ seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #l49-59 RESOLUTION ACCEPTING DEED FROM HAYWARD POULTRY PRODUCERS ASSOCIATION Authorize Advertising for Bids for Comprehensive Liability Insurance The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, il , I LJ Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution ~1~O-59 RESOLUTION CALLLNG FO too FOR COMPREHENSIVE LIABILITY INSURANCE Authorize Advertising for Bids for False Arrest Insurance The following resolution was read and introduced by Council- man Shirley, seconded by Councilman McClaskey, and by the following called vote was passed; Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. I Resolution i%51-59 RESOLUTION CALLING R BIDS FOR FALSE ~S~/~~ICIOUS PROSECU~ION, ETC. Request Board of Supervisors to Cancel County Taxes on Sewage Treatment Plant The following resolution was read and introduced by Council- man Medeiros~ seconded by Councilman McClaskey, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, I I Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #152-59 RESOLUTION REQUESTING BOARD OF SUPERVISORS OF THE COUNTY OF ALAMEDA TO CANCEL COUNTY TAXES LEVIED ON PROPERTY ACQUIRED BY THE CITY. NOV 2 1959 29 Proposed Ordinance Regarding Fencing of Swimming Pools & Other Surface Excavations The Council discussed the proposed ordinance regulating the fencing of swirr~ing pools and other forms of surface excavations. Action on this ordinance was postponed and the staff was instructed to redraft the ordinance so that it will not be quite so restrictive. Adopt Ordinance Re Amendment to Contract with State Employees' Retirement System On motion of Councilman Shirley~ seconded by Councilman Medeiros, and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman Patterson~ seconded by Councilman Medeiros~ and by the following called vote~ the ordinance amending the contract with the State Employees' Retirement System was passed and adopted: Ayes--Councilmen McClaskey~ Medeiros, ,Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Communications Copy of minutes of the Housing Authority for their meeting of September 15, 1959. A communication dated October 23~ 195Y was received from the City of Fremont regarding the state college site. A communication dated October 22, 1959 was received from the Womans Improvement Club regarding public housing. A copy of this communication was referred to the Housing Authority. An invitation to attend the veterans' Day Parade in Hayward on November ll, 1959. A communication dated October 26, 1959 was received from Postmaster Herbert H. Harrison with a request for extension of time on the posting of new house numbers. The Council agreed'to enlist the assistance of the newspapers to accomplish this request. Payroll and Claims Sixty-nine payroll claims and one hundred-seven claims amounting to a total of $38~020.64 were presented, and on motion of Councilman Shirley~ seconded by Councilman Patterson, and by the following called vote were ordered paid as certified by the City 30 NOV 2 1959 Manager: Ayes--Councilmen McClaskey, Medeiros~ Patterson, Shirley and Mayor Nordahl; Noes--nonej Absent--none. Proposed Widening of a Portion of East Ave. Councilman Patterson asked about the proposed widening on the north side of East Avenue. Mr. Parness reported that the property owners have been contacted regarding this widening and installation of sidewalk and curb and a hearing was held. An eight foot strip seemed difficult to obtain so the staff compromisedj a three foot widening was arrived at with no parking strip. This was the only thing the City could do and still maintain its standards. The majority of the property owners still were not in favor of this improvement. This matter will be disoussed further at the study session of November 23rd. Jo~nt Meeting with Chamber Executive Committee The Council agreed to have a joint study session meeting with the Chamber of Commerce Executive Committee to discuss the current industrial growth. Call For Bids on Painting Hall of Justice On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the City Manager was authorized to solicit bids for the painting of the Hall of Justice. Recess On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the meeting re- cessed at 9:55 P. M. to meet Monday evening, November 16, 1959 at 8 o'clock P. M. APPROVED: A~ST:~~~ Citl1 er Livermore, California NOV 1 6 .1959 . **$*$*$*$*$*$*$*$*$*$*$*$*$*$*$*$** . ' ~ 'J) 0.. '=' l-Ili i I ,_, J -I ~ u NOV 1 6 1959 21 Regular Meeting, November l6, 1959 An adjourned regular meeting of the City Council was held on Monday evening, November 16, 1959, in the Library of the Livermore Union High School. 1be meeting was ~al1ed to order at 8:03 P. M. RQll Call: Present--Councilmen McClaskey~ Medeiros~ Patterson, Sh1rley and Mayor Nordahl; Absent--none. Minutes On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council~ the minutes of the regular meeting of November 2, 1959 were approved as mailed. Resolution Honoring Eberhard Schwanz Exchange Student from Germany The follmving resolution was read and introduced by Council- man McClaskey, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution (153-59 A RESOLUTION OF THE CI F LIVE ~ORE CONFERRING AN HONORARY CITIZENSHIP UPON EBERHARD SCHWANZ Reports On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimQus vote of the Council, the reports of the Police Department and Poundmaster for the month of October, 1959 \'lere acknowledged and ordered filed. On motion of Councilman Medeiros, seconded by Councilman Pa~terson, . and the ur.animous vote of the Council, the report of the Fire Department for the month of October, 1959 was acknowledged and ordered filed. Resume of Planning Commission Action of Use Permits - Request for Review and Appeal by Applicants A report was received from the Planning Commission containing a resume of the Planning Commission's action on use permits at their meeting of November lO~ 1955. An appeal to the Council from the action of the Planning Commission was received from Rev. Hale ~ke on Item #7 and from c... 'vJ .itfetteroth of Richfield Oil Co. on Item ://3. Also a request for review was received from Councilman Medeiros on Item #3, the Richfield Oil Co. application. 32 . NOV 1 6 1959 ~ U'J 0-, '=' ~ Richfield Oil Co. Application The Council discussed the application of Richfield Oil Co. to rebuild the existing service station located on the northeast corner of Second and L Streets. This use was denied by the Planning Commission on the basis of the criteria-of the proposed CB-l zone. The CB-l zone would be for group-shopping facilities and Zone CB-2 lJ would provide for op~n land use such as the application submitted. Since this service station has been in operation at this location for many years and probably will continue to operate, a motion was made by Councilman Medeiros and seconded by Councilman McClaskey to grant the use permit application of Richfield Oil Co. It was questioned whether or not this was an improper motion and the matter should be postponed to the next regular meeting for action. Councilman Medeiros withdrew his motion with the consent of Council- man ~cClaskey who seconded the motion. After further discussion, a motion was made by Councilman Shirley, and seconded by Councilman Medeiros, to approve the application on the condition that it is legally proper to do so, and if not, defer action to the next regular meeting; the motion passed by the following called vote: Ayes--Councilmen McClaskey, Medeiros, and Shirley; Noes--Councilman Patterson and Mayor Nordahl; 11 Absent--none. Application of Hale K. Duke The City Clerk read the letter of appeal from Rev. Hale K. Duke, Pastor of the United Pentecostal Church. This application for a service station was denied by the Planning Commission on the basis of nonconformance with the proposed Zoning Ordinance and General Plan. On motion of Councilman ~hirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, this matter was D referred to a study session for discussion with the applicant. Approve Contract with Hilp & Rhodes for Completion of Sanitary Sewa~e Disposal Plant The following resolution 'was read and introduced by Council- man Medeiros, seconded by Councilman Patterson, and by the following 'I10'! 1 " 1959 . ~3 called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #154-59 RESOLUTION APPROVING CONTRACT WITH HILP AND RHODES FOR COMPLETION OF SANITARY SEWAGE DISPOSAL PLANT Authorize Final Acceptance of Sewage Treatment Plant The following resolution was read and introduced by Council- man Patterson, seconded by Councilman IVJcClaskey, and by the following called vote was passed: Ayes--Councilmen McClaskey~ Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #l55-~9 RESOLUTION AUTHORIZING FINAL ACCE TANCE OF SEWAGE TREATMENT PLANT Report of 'Planning Commission Re-zoning Application - Chas. Ayello Et Al A report dated November l2, 1959 was received from the Planning Commission recommending approval of the rezoning application submitted by Chas. Ayello~ et al on property recently annexed to the City in our industrial area. On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, this matter was set for public hearing on December 7~ 1959. Tentative Map of Tract 2122 - Braddock, Logan and Valley A report dated November l2, 1959 was received from the Planning Commission recommending approval of the tentative map of Tract 2l22, submitted by Braddock, Logan & Valley r lying westerly of Holmes Street to the south of El Caminito Drive, subject to the recommendations of the Planning Commission. Director of Public Works Dan Lee reviewed this tentative map for the Council and explained that the grade on Holmes Street has not been determined as yet, this will be developed at a later time. ~~. D. M. Bissell spoke on behalf of the developer. The main point of disagreement the subdivider has is in regard to major city . .. i" * streets on Homes Street and Blair Avenue to the south. Mr. Bissell presented a cost estimate on the development of these two streets. He also stated there appears to be a possible legal problem; the definition of street improvements in a tract are those that are 34 NOV 1 6 1959 ~ r.r: 0.. o ~ necessary in general use of the subdivision and local neighborhood traffic. -A portion of these improvements are actually outside the city limits and there is a question whether or not the city has jurisdiction over these improvements. ~~. Wayne Valley of Braddock, Logan & Valley, was present at the meeting and spoke regarding the equity of having a subdivider bear the burden of sharing in improvements of a major street. Also he does not wish to be burdened with putting up a bond for an indefinite period of time, unt~l the grade on Holmes street can be established. Mr. Valley was informed that the City's policy at this time is that a subdivider is required to improve the width of a normal I ,I collector street, 72 feet. The Council then discussed this tentative map as to the lot treatment on Holmes street and Blair Avenue and the possibility of a frontage road instead of backing the lots to the street. A motion was made by Councilman Shirley to deny the tentative map of Tract 2122. The motion died for lack of a second. After further discussion, on motion of Councilman Shirley, seconded by Councilman McClaskey, and the unanimous vote of the Council, and with the consent of the developer, the matter was referred to the adjourned regular meeting next Monday evening, I ,I j I November 23, 1959. Report from Board of Appeals re Structural Deficiencies r.O.O.F. Hall - Appeal by Property Owner A report dated November 2, 1959 was received from the Board of Appeals regarding structural deficiencies of the property located at l140 First Street (I.O.O.F. Hall). Also copies of the complete report of the Fire Department and Building Department were presented and are on file in the City Clerk's office. An appeal from the action of the Board of Appeals was received from Mr. G. R. McLeod, attorney for the Board of Trustees, I.O.O.F. Lodge. Mr. McLeod was present at the meeting and read a statement or various points of the appeal. On motion of Councilman Medeiros, seconded by Councilman o NOV 1 6 19~9 35 McClaskey, and the unanimous vote of the Council, this statement was referred to the C:l1ty Attorney for report at the meeting of December 21st. Discussion on Airport Site Location Postponed Discussion on the airport site location was put over to the adjourned ,regular meeting of November ,23~ 1959. Grant Home Occupation Use Permit to Lewis Parker At the City Council meeting of September 21, 1959 this application was postponed until an amended version of the Home Occupations section of our proposed zoning ordinance could be reso~ved. ~Such was done-at the last study session joint meeting with the City Council and Planning Commission. TIle Council discussed the use of signs or name plates relating to home occupations. On motion of Cou~cilman Shirley, seconded by Councilman Patterson, and by the following called vote, the application for a use permit to conduct a TV and radio repair home occupation sub- mitted by Lewis Parker was approved subject to the following require- ments: l. The use permit be revocable for cause. 2. Use must conform to all City ordinances. 3. The use permit is g~anted for a p~~iod of one year. 4. Any sign or name plate is prohibited. Ayes--Councilmen McClaskey~ Patterson, Shirley and Mayor Nordahl; Noes--Councilman Medeiros; Absent--none. (Councilmen Medeiros stated his reason for voting no was that he felt the Council had promised to notify the residents in the area before granting this permit) Applications for Exempt Solicitor's Permits Granted Applications for exempt business licenses and solicitors permits were received from the following: l. 4-H Club~ Livermore - paint house numbers on curbs. 2. The Miss Kustoms - club welfare. 3. Seventh Day Adventist Church - solicit funds. 4. Livermore-Pleasanton Community Concert Ass1n. -'public service concerts. On motion of Councilman Shirley~ seconded by Councilman Patterson, and the unanimous vote of the Council, the applications were approved and the issuance of exempt licenses and solicitor's permits were authorized. 86 NOV 1 6 1959 ~ 'C/) ~ o ~ Application for Exempt Solicotor's Permit Denied An application for an exempt solicitor's license was received from Universal Christian Volunteers Inc. of Oakland to solicit funds in the business district was considered by the Council and on motion of Councilman Shirley, seconded by Councilman Patterson, and t~. unanimous vote of the Council* the application was denied. Appointment to Planning Commission (Eckert) The following resolution was read and introduced by Councilman McClaskey, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--nonej Absent--none. Resolution #156-59 RESOLUTION AUTHORIZING APPOINTMENT TO PLANNING COMMISSION u Proposed Ordinance Re Fencing of Swimming Pools, Excavations, Etc. A proposed ordinance regulating swimming pools, reservoirs, pitg~ and excavations or similar open areas in the City was given a - first reading and on motion of Councilman Shirley, seconded by Councilman McClaskey, and by the following called vote was ordered I 'I , ..- filed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Communications Communication dated October 3l, 1959 was received from the Merchant's Committee of the Livermore Chamber of Commerce regarding a christmas tree at the flagpole. Communication dated November 10, 1959 was received from I Jerome C. Draper, Jr., Draper Properties, Inc. congratulating the city on the reduction in the tax rate. Communication dated November l2, 1959 was received from the Livermore Joint Union High School regarding the widening and improve- ment of Mocho Street. This communication was referred to the staff for report. A communication containing an invitation to the ceremonies commemorationg the initial construction project of the South Bay Acqueduct to be held on Monday, November 23, 1959, at Castlewood II LJ I Country Club. NOV 1 6 t~~ !i7 Payroll and Claims Eighty-eight payroll claims amounting to a total of $l9,846.9l were presented, and on motion of Councilman Patterson, seconded q, Councilman Medeiros, and by the following called vote were ordered paid as certified by the City }\1anager: Ayes--Councilmen lv1cClaskey, r.~edeiros~ Patterson, Shirley- and i>1a:yor Nordahl; Noes--none; Absent-- none. Authorize Demolition of Structure at 688 So. H Street (Jugum) The City Manager reported to the Council that the time limit set for the demolition of the residential structure at 688 So. H Street by the property owner has expired and no action has been taken by the owner to remove this building. On motion of Councilman Shirley~ seconded by Councilman Patterson~ and the unanimous vote of the Council~ the staff was instructed to make arrangements to demolisb this structure. Recess 'The Council then recessed at 11:35 P. M. to meet Monday evening~ November 23~ 1959 at 8:00 P. M. APPRO\i'ED: fJ . -y{ ATTEST: I .L Iv1ayor Livermore, California DEe 7 1~r;~ . **&*&*&*&*&*&*&*&*&*&*&*&*&*&*&*&** '38 NO\! 2 ~ 1959 ~ en ~ o ~ Adjourned Regular Meeting, November 23, 1959 An adjourned regular meeting of the City Counci~ was held on Monday evening, November 23~ 1959 in the Library of the Livermore Union High School. The meeting was called to order at 8:00 P. M. Roll Call: Present--Councilmen McClaskey, Medeiros, Patterson, Shirley and May~r Nordahl; Absent--none. Municipal Airport Site Selection At the Council meeting of November 17, 1959 this matter was postponed so as to permit further investigation on alternate sites. TO date five alternate alignments (A, B, C, D, and E) have been reviewed~ all of which are situated westerly of Isabel Avenue and are between U. S. Highway 50 and East Stanley Blvd. The exact n location of each site was pointed out on a map by Mr. Lee and also those property owners involved were listed. This map is on file in the office of the Director of Public Works. . The City Manager reported that preliminary appraisals have been completed on two areas in this general vicinity. These . , appraisals incorporate the proposed landing strip locations as described as Sites B and C and Site E. Generally the appraisals on both locations indicate that the land value for purchase equals $2,750 per acre. Air easements are worth about 25% of this amount or $750 per acre and that land severence with reference to the Hagemann property is worth $500 per acre. Based on these figures a cost comparison between Sites B and C and Site E was worked out. The results of this comparison indicate that Site E will require an expenditure of $98,172 more than that to be expected in Site B and C. In reviewing the entire matter, the staff and the Airport Advisory Committee are unanimous in their recommendation that Site E be selected ~y the City Council for our proposed municipal airport i I I I relocation. The Council then discussed the various site locations. They were concerned about the appraised values of the different parcels of land; and questioned whether or not the City could, when con- demnation proceedings were started, withdraw their suit if the court's appraisal price of the land cannot be met by the City. Mr. NOV ? ~ 1QJ:jO 39 Parness stated that another appraisal would have to be made before going ahead. ~w. Jack Srr-ith, representing the FFeisman interests and Conrad Moldt, stated it appears that the appraisal of the air rights is substantially below actual value; also the land value itself is low. In regard to ~~. Moldt's property, Site E would have a sub- stantial effect on his buildings; this should be given some thought. Neither of hiS clients.have wanted to start fighting the city without knowing some facts. VJ1~. Smith stated he would like tbe opportunity to review these sites with a competent appra:iser. Since tlle deadline on making application for Federal funds is December 15, 1959, the Counci1 felt a decision should be made as soon as possible. Site E seemed to be the most favorable location. On motion of Councilman Patterson, seconded by Councilman Shirley, and by the following called vote, the Council authorized the necessary steps to be taken to acquire the property as outlined in Site E: Ayes --Coul1(;1.Jmen I\lcClaskeJ~' Patterson, Shirley -and Mayor Nordahl; Noes--Councilman IVIedeiros; Absent--none. Councilman t-i1edeiros stated hj,s reason for voting no was that he' would like to have all property owners together in order to discuss the matter before making a decision. Mayor Nordahl stated in voting aye that this site is the best of the five presented, but in his opinion a site to the north of the City was more desirable. On mctivn of Councilman Patterson', seconded by Councilman Shlrley~ and the unanimous vote of the Council~ the starr was authorized to prepare the application to Federal Aviation Agency based on this site selection and process the application. On motion of Councilman Shirley, seconded by Councilmaxl IvIcCla13key ~ and the unaniraous vote of the Council~ another appraisal of the property in question was authorized. Tentative Approval of Tract 2122 The Councll again discussed the tentative map of l'ract 2122, and the frontage treatment or the subdivision abutting Holmes Street 40 fJG',' :;, '3 1q1~ ;.- rfj ~ o ~ on the east and Blair Avenue on the south. Due to the hills presently existing on Holmes Street, the grade variations must be corrected at the earliest possible time. In a discussion held with the.staff and representatives of the State Division of Highways during the past week it appeared possible that the State would be favorably inclined toward devoting funds for the proper new grade .of this highway and ----- I Qaving the travel surface which would remain in excess of the amount that is being required of the tract developer. The Division of Highways has requested that our staff submit .preliminary engineering drawings outlining ~his plan. A map was presented showing a frontage road treatment along Blair Avenue for the tract distance. In this regard the subdivider would be asked to install all street improvements fr.om the property line outward for a distance of 36 feet and would equal one-half of the street improvement width required for neighborhood collector streets. Mr. D. M. Bissell, engineer for the develope~ of Tract 2l22, stated that o~ Holme2 Street, he feels the patter~ has been set with the backing lot treatment. If the Council does ask for a frontage road along the remaining portion of Holmes Street it would present' greater problems to the d~veloper as far as drainage is concerned, r- : I , also grading would be extremely difficult. In regard to Blair Avenue, they are concerned with the sale of lots; the houses would be looking out on a weed patch. Also ~here would be a continued drainage and grading problem. Mr. Bissell also commented that in the area of the southeast corner of the Wagoner property, the major street that intersects Isabel Avenue is a departure from what is in the General Plan. The Council discussed this frontage road treatment and felt that before a plan such as this is adopted,.it should be carefully I I . I I considered. The Council should develop a plan to designate the roads on the Master Plan which should have frontage road treatment. A motion was made by Councilman Patterson that on the Master Plan, the road plan in the area of the outer loop be developed with frontage road treatment and that the City accept 88 feet as being (Ie'" 195C 41 adequate for the inner loop or the approximate Tesla Road extension. The motion died for lack of a second. A motion was then made by Councilman McClaskey, and seconded by Counailman Medeiros, that on the map the intermediate loop stree~s have frontage road treatment with the exception of a segment west- erly of Holmes Street. Th~ motron passed by the following called vote: Ayes--Councilmen McClaskey, Medeiros and Shirley; Noes-- Councilman Patterson and Mayor Nordahl; Absent--none. On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, the tentative map of Tract 2122 was approved subject to the improvement of Holmes street as outlined on the map and subject to the improvement of Blair Avenue as a major highway with lot design being as specified on Exhibit liB!" attached to the tentative map, this all being provisioned that the Council shall approve these changes by resolution at the next regular meeting, December 7, 1959. waive 30 Day Posting Notice on License (Purity) A request was received from Purity stores asking the Council to waive the 30 day posting notice on their application for transfer oLap off sale beer and wi~e license to their new location. On motion of Councilman Snirley, seconded by,Councilman Medeiros, and the unanimous vote of the Council~ the 30 day posting was waived and the City Manager was instructed to so notify the Department of Alcohol Beverage Control. Adjourn On motion of Councilman Medeiros, seconded by Councilman Patterson, and_the unanimous-vote of the Council, the meeting adjourned at 10:35 P. M. APPROVED: 1'~ D.11 ~J2.~AT'rEST: . Mayor _ _ Livermore, California DEe 7 1959 . * *%*%*%*%*%*%*%*%*%*%*% *%*%*%*%*%** 42 DEe 7 1959 ~ (/) 0.. o ~ Regular l\1eeting, December 7, 1959 A regular meeting of t~e City Council was held on Monday evening, December 7, 1959 in the Library of the Livermore Union High School. The meeting was called to order at 8:00 P. M. Roll Call: Present--Councilmen McClaskey, Medeiros~ Patterson, Shirley and Mayor Nordahl; Absent--none. fvlinutes (2) On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council~ the minutes of ihe adjourned regular meetings of November l6, and November 23, 1959 were approved as mailed. Insurance Bids - Comprehensive Liability and False Arrest, Awarded to Truck Ins. Co. Bids for general comprehensive liability insurance and false arrest insurance have been received and opened at 3 o'clock on Monday, December 7, 1959 as outlined fully in the notice calling for bids. Bids were submitted from the following companies: Company Liabilitf; ~500~000 ~~,O 0,000 False Arrest Pacific Indemnity Co. (Bay Ins. Brokers) $4~654.50 $4~992.75 General Ins. Co. of America (E.E. "Gene" Morgan Ins.) 7,747.04 II II II $5,000j 25,000 2l8.88 50,000 lO'OOOj 25,000 306.02 50,000 10'000j 25,000 349.60 50,000 Swett & Crawford (Bay Ins. Brokers) " " It General Ins. Co. of American (DaVid L. Frank) 7,747.04 Continental Casualty Company (Charles J. Fracisco) 8~730.4l , I I 658. 93 I, Truck Insurance Exchange (Richard MatUSka) 4,204.66 Inc. False Arrest DEe ;' 1q59 40 , . ~"') An analysis of the bids has been made by the staff and it was recowmended that the Truck Insurance Exchange (Richard Matuska) be awarded the bid. A resolution awarding the bid appears later in the minutes. Public Hearing - Proposed Annexation of Mocho Annex No.3 This being the time and place as established for public hearing on the annexation of that certain uninhabited property kno~m as Mocho Annex No.3, lying easterly of Dublin Avenue, Grariada Village, the hearing is nOI'i open. The City Clerk announced there were no written protests to the above outlined annexation and upon invitation by the Mayor for protestants to speak, it was determined that there Viere no oral protests. On motion of Councilman Shirley~ seconded by Councilman Nedeiros, and the unanimous vote of the Council, the public hearing was closed. Public Hearing - Rezoning Application Chas. Ayello, et ai, ppty adj. to Vasco Rd. Notice having been published for a public hearing on the application submitted by Charles Ayello, et al for rezoning of that certain parcel adjacent to Vasco Road from Zone R-l to Zone M-2~ tre hearing is now open. The City Clerk reported that no written protests were filed and upon invitation by the Mayor for protestants to speak, it if/as determined that there Vlere no oral protests. On motion of Councilman Medeiros~ seconded by Councilman Patterson, and the unanimous vote of the Council, the public hearing was closed. A proposed ordinance regarding this rezoning appears later in the minutes. Reports The reports of the Police Department and Poundmaster for the month of November~ 1959, the report of the Justice Court for the months of September and October, 1959 and the report of the Public '1Jorks Department regarding building permits for the months of October and November, 1959 were acknowledged and ordered filed. 44 DEe 7 1959 ~ [/) 0.- o ....... Resume of Planning Commission Action on Use Permits - Request for Review, Appeal by Applicant A report was received from the Planning Commission containing a resume of the Planning Commission's action on use permits at their meeting of November 24, 1959. An appeal to the Council by the applicant from the action of the Planning Commission has been received regarding Item 5. 'This appeal concerns a use permit for the construction of a church~ J'ehovah's Witnesses, on the south side of Locust Street between No. N and No. C Streets. The Cow~ission voted unanimously to deny this application as it does not comply with the ordinance. Mr. William Hardy appeared before the Council representing the church group and stated they wish to amend their application to a seating capacity of 48 v1bich VIQuld comply with the requirements in lhe existing ordinance. It was explained that they like to keep their groups small; when they do start to grow they split and form two congregations. On motion of Councilman !vledeiros, seconded by Councilman Patterson, and by the following called vote, this matter was referred I I ,: -' 'uack to the Planning Commission: Ayes--Councilmen McClasl{ey, r'1edeiros, Patterson, Shirley and f'.1ayor Nordahl; Nocs--none; Absent-- none. An application for a home occupation permit submitted by !'-1r. Clayton Foss for an appliance repair business has been awarded by the Pl.anning Commission. In accordance with Ordinance No. 405, Coumil- man Iv1edeiros has filed a notice requesting that this matter be reviewed by the City Council. Councilman r'ledeiros stated that since many of the property ovmers in the area of the suoject property are dissatisfied \hli th Lhe Planning Commission decision~ he felt the Council should revievl the application. Councilman Hedeiros suggested that an amendment I '\ should be made to the ordinance with the provisions that when an application for a home occupation is ma.de, the property ovmers wilhin 300 feet should be notified and if the majority of the people oppose the application, it should be sufficient reason to deny it. DEe 7 1959 45 'l'he Council then discussed the rnatter. It VJas tilE: e.elief ,)f some of the Ccunc.i.lmen that Ltlt;:; pecple in the area :lr(;: re~el ving alllple yt'utec tL..>ll l~,ndel' tIle j!resen t requj,remen ts; if t't it.::: df'yLLcCLtl L deviates fl'cTil Lile res~rlctl()ns ili;pus2d, lilt;:; CGuncil will in lIi::stlgate arid tlle lieeIlse vf:Lll .~;e r";:v()y:ed ii~ trle a...:;"l)licanL. lS l;per.o..tirlg~ J.rl violation of his permit. .~J,S(; an applictttiun ::"LS granted fur unly one year, at v{oich time the persor: must make a ... ,. new app~lcaLlcn. The r.1ayor then asked of anyone fronl the: audience fel t., they v:ere be:Lng injured ~'.,)y ',;his application. A group of' residents froirl the area 'Vlere present a',-, the meeting and IvIr. Roland Clad-: and [!.Irs. D.1\.. Brazil spoke for the group. Tney felt they de not want a home occupation in 'cheL~ area, they do not feel they are pro Lected by the ordinance and a group of 40 property owners who do not want a home occupat:Lon in their area should be given some consideraticn. It ','!as sUGGested to the group that a study CO!llrnittc:o ~)e formed arr.ong t('JGm to present someth:Lng that the people vlC:mt in :::'egard to home occLlpations. A r.lotion ','ias made by Councilr:1an Tyledol ros, and se conded by Councilman McClaskey, to hold this application until the Council can study home occupations again; the motion failed "cy the fo1loVl- ing called vote: i\yes--Councl1men rvjcClaskey and IvIedeiros; Noes-- CO,-U1cilmen Pat terson, Shirley and rvIayor Nordahl; i~'bsent---none. 1\ met:i.en Has made 'uy Councilman Patterson, seconded "oy Councilman Shirley, to approve the action of the Planning Commission; the motion passed by the following called vote: Ayes--Councilmen Patterson, Shirley and Mayor NCl"'dahl; Noes--Councl.lmen rvlcClaskey and Medeiros; Absent--none. Mayor l:ordahl suggested that all those people interested in home occupations attend the meetings when this section of the zoning ordinance is discussed~ T01s should 'oe some t:Lme in Janua.ry and will be published in the paper. Report of F __anning Corn,il1ission Rezoning Application - Inez M. Goebel A conununicatlon dated :november 25, 1959 ViaS received from 'ehe Planning CorrJ11isslon regarding a request for rezoning suomi tted 46 DEe 7 1959 ~ rFJ 0.- o ~ by Inez M. Goebel on property located at the northwesterly corner of Holmes and lVIocho Streets. Although tl:lis application for rezoning pertains to two parcels, the Planning Commission has recommended the rezoning of only one which fronts on Holmes Street. This parcel contains 26,000 sq. ft. presently zoned for single family residential and is recommended for multi-residential purposes. On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, January 4~ 1960 was I I u set for the public hearing on rezoning of Plot 2. Report from City Attorney - Park & Recreation Facility Fund A report dated December 4, 1959 was received from the City Attorney regarding the request of f.'Ir. J. S. Platt that fees ($589.23) formerly paid by him to the City for Park and Recreation purposes be reimbursed. Mr. callaghan's opinion was that the City may not now make a refund of said payment to r~. Platt as no action was commenced by him to recover his money prior to two years from the date of said payment~ the recovery of the money is barred by the two year Sta~utes of Limitations (Section 339 Subdivision 1 of the Code of Civil Procedure) . I . I l.._----' On motion of Councilman Shirley, seconded by Councilman McClaskey, and the unanimous vote of the Council, Mr. Parness was instructed to write a letter to Mr. Platt explaining the situation. Applications for Exempt Business Licenses & Solicitor's Permits Granted Applications for exempt business licenses and solicitor's permits were received from the following: 1. Knights of Columbus - Christmas tree sales 2. Amador Valley DeMolay - Christmas tree sales 3. Junior High Youth Group, Presbyterian Church - car wash 4. United Cerebral Palsy of Alameda Co., Inc. - solicit funds On motion of Councilman Medeiros~ seconded by Councilman Shir~~ and the unanimous vote of the Council, the applications were approved n I I and the issuance of exempt licenses and solicitor's permits were ,- authorized. DEe 7 19&:;0 47 Advertise for Bids for Painting RaIl of Justice The follovdng resolutio~ viaS read and introduced by Council- man Patterson, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen fvlcClaskey, ~ledeiros, Patterson, Shirley and Ivlayor Nordahl; Noes--none; Abst:nt--none. Resolution 1/15'(-59 aESOLUTION ADOPTING SPECIFICATIONS AND DIRECTING THE CLERK TO AD'I]ERTISE FOR BIDS FOR PAINTING 1:..'1' EALL OF JUSTICE AND LIBRARY BUILDING Advertise for Bids for Fire Pumper Unit ~le following resolution was read and introduced by Council- man Patterson, seconjed by Councilman Shirley, and by the following called vote VlaS passed: Ayes --Councilmen McClaskey, IVIedeiros, Patterson, Shirley and Ivlayor Nordahl; Noes--none; Absent--none. Resolution #15b-59 RESOLUTION AOOPTING SPECIFICATIDNS .4ND DIHECTIHG THE CLERK TO ADVERTISE 1o'OR BIDS Maintenance of Radio Equipment Hr. Parness reported that a great deal of difficulty bas oeen reported by our Police DeiJartment concerning improper radio operation and by the ma:i.I1,c.erlance firm who [12."v-\:.. proclaimed that i'udi" of our existing rw'oile units are cOL'_p::Letely depreci,a::;ed and cannot be se,cved S') as tu atti;:.::'ll maximurr. operatinG efflciency. 'Ehis claim is VJ1 th regard tc our Link rad:L,> i.mi Ls. ;~ss0L::,ated E::Lectron:l.(;S ::_5 LU\'i .in the Pl>::'CESS of prepal'lng J. deto.iled I'J.21. ~~ ten recornm€ndatic 11 ,l1cerning the fficllntenancs cU. ffic:ul ties that ba ve been exp8cie:lc2d 'oy '..:,hem over tte cuntr",wt t'.;:r!:l. ..~C:fe \,8[', inasmuch as tr:e3 preS:.;ll" ':';'')[:',,2:;'0::- c:xpll'eS as of Decem'oer 1, 1 ~J5:.:) it. was necessary to soliei t new 5!l"')p0sa~L s ,;,\)1" ~iiaintenance servlces.I\'J0 "oids were received. 'l'he :r'esults 01' t.le s'~: prc:p'-isals are as i'ollov'lS: ~vatson Ele(;tl'~LC C'.j. !....ssociaLed Electrcnics Iter:: I - j\Iairltf~ll:irlCe 01~ all Existing Equipment .t..r_r~ ,-_ ~)~\.).?V l)er rnu. ~l"~Cc 7<::- ner' m,'o. tp-k i U. i./ :...~ Item II - Service for additional Equipment per' \.miti $ :~. 00 per mo. :~ r-i'~ a 75 Police j}.5C: .F'l,ce 108m III - Conversion of EqL;l~J;'n(;;nt, ~I~ l'.Jarrovi Band Base Station Eo 'o:,Llc Units t:andy Talkle .?,t::.n (1i~' ~,..)v....,JV ~>40. 00 ea. "'')0, 011 y'-, . v D2 oi.d no bid $50.00 48 DEe 7 1959 \ \, ~ U'l C o ~ ~~. Herbert M. ~atson was present at the meeting and informed the Council of his backgrou.nd and experience in radio equipment. He has offices located in three cities, Richmond, Alameda and Concord~ and he is not affiliated with any company. Since his company had a maintenance contract with the City in past years~ they are familiar with the City's radio equipment. Due to the substantial bid difference, it was reconrnended r-; ! I I ' i I by the Ci ty r~lanager that the bid be awarded to the Watson Electric Co. In the event that the radio deficiency report now being prepared by the Associated Electronics can be substantiated by our staff during the next two to three months and is further supported by the maintenance experience of ~"atson Electric Co. , it may be necessary to replace the four existing Link radio units prior to the next fiscal year. The Council discussed the matter and asked ~~. Skipper of Associated Electronics when his report will be completed and he said in about a week. On motion of Cjuncilman Medeiros~ seconded by Councilman Shirley, and by the following called vote, the Council delayed action on these bids until this report is received: Ayes--Council- men McClaskey~ Medeiros and Shirley; Noes--Councilman Patterson and Ivlayor Nordahl; Absent--none. Mr.~vatson agreed to hold his contract price until December 21st. Approve Tentative Map of Tract 2122 Braddock, Logan & Valley The following resolution was read and introduced by Council- man Shirley~ seconded by Councilman J.\1edeiros~ and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros~ Patterson, Shirley and Mayor Nordahl; Noes-~lone; Absent--none. Resolution #159-59 ' A RESOLUTION APPROVING TENTATIVE TRACT MAP FOR TRACT NO. 2122 Amend Use Permit as Awarded to Valley Memorial Hospital The follOl'ling resolution was read and introduced by Council- man Medeiros, seconded by Councilman McClaskey~ and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson~ Shirley and Mayor Nordahl; Noes--none; Absent--none. j!.-:: ":' 1959 4:9 Resolution !/160-59 RESOLUTION A~lliNDING RESOLUTION NO. 144-59, DATED OCTOBER 5, 1959, AUTHORIZING THE ISSUM~CE OF A CONDITIONAL USE PERMIT TO TI1E LIVERMORE VALLEY CGr/friIUNITY HOSPITAL Award General Comprehensive Insurance & False Arrest etc. Insurance Bid to Truck Ins. Exchange The following resolution was r'ead and intruduced by Council- rEan j.lcClaskey, seconded by Councilman Shlrley, and by the f~~lowing called vote was passed: Ayes--Counc iImen IfJ.cClaskey, r"Iedeiros, Patterson, Sh::1.rley and Iv1ayor Nordahl; Noes--none; Absent--none. Resolu~ion ~161-59 RESOLU'I'TON }\.j,'iA.H.DING INS RANCE BID Accept Improvements in Tract 1303 (BatterShill) 'The following resolution was read and introduced by Councilman Shirley, seconded by Councilman patterscn, and by the follovdng called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Pat terson, Shirley an-d T'1ayor Nordah.l; Noes--none; Absent--none. Resolution ~162-59 RESOLUTION ACCEPTING FINAL IMPROVEfvlENTS IN TRACT 1802 Accept Improvelnents in rrract 1039 (Li vermore Acres) '.I'he following resolution was read and introduced by Council- man Shirley, 'seconded by Councilman Patterson, and by the rollov;ing called vote was passed: Ayes--Councilmen 1'ljcClaskey, r'ledeiros, Patterson, Shirley and r.layor Nordai-Ll; Noes--none; Absent--none. Resolution #163-59 RESOLUTION ACCEPTING FINAL INPROVEr''IEl~r2S n: TRACT 1939 i-idopt Ordinance Regulating SwinID1ing Pools, Reservoirs, Pits & Excavations On motion of COl..lDcilman Pattel""'son, seconded by Councilman I,lcClaskey, the reading of the ordinance 1,1aS iVai ved. On motion of Councilmarl I'f;ed<;;:iros, seconded 'oy Councilman McClaskey, and by the following called vote the ordinance regulatins SV,f lmrning pools, reservoirs, pits and excavations was passed and adop-ced: Ayes--Cuunc,ilmen NcClaskey, f.jedeiros, Pa~te~sun, Shirley, and jilayor Nordabl; N0cs--none; Absent--none. ORDINANCE NO. Lt27 .t'\1-: Ol{DnJAllCE REGULATING S",vrf'lI\lIl,<} POOLS, i-\.ESEHVOIRS, PI"lS, Al\D 3XCAVATIOl'~S 01\ SItv1ILAR OPEN AREAS IN l';:IE CITY. OF LI\lER.I\rl()P~ 50 DEe 7 1959 ~ [/j 0.- o ~ Proposed Ordinance Annexing Mocho Annex #3 A }>roposed ordinance annexing that certain area known as Mocho Annex No. 3 was given a first reading and on motion of Council- man Shirley, seconded by Councilman Patterson, and by the follovling called vote was ordered filed: Ayes--Councilmen McClaskey, :~I r.1edeiros, Patterson, Shirley and Mayor Nordahl; Noes--n0u..2'; Absent--none. Proposed Ordinance Amending Ordinance #191 RezQQing ApplicatiQn - Chas Ayello et aI, Adj. to Vasco Rd. A proposed ordinance amending Ordinance No. 191 by rezoning 'Chat certain parc\;:ll adjacent to Vasco Read from Zone R-l to Zone l,j-2 was g:I. ven a first reading and on motion of Councilman Shirley, secvnded by Councilman r'1edeiros, and by the following called vote, was ordered filed: Ayes--Councllmen J"lcClaskey, Medeiros, Patterson, S11irley and_ Iv!ayor Nordahl) Noes --none; Absent--none. Authorize Appeal of Decision Re Sewer Connection Fees A communication was received from Robert rr. Anderson regarding the decision in the suit Associated Homebuilders v. City of I I I Livermore - validity of sewer connection fee ordinance. Or1 motion of Councilman Patterson, seconded by Councilman f.jedeiros, and the unanimous vote of the Council, the City Ivlanager viaS authorized to instruct l\1r.Anderson to proceed with appeal proceedings. Join Feather River Project Association A cOmITillnication dated November 17, 1959 was received from the Feather Ri vel' Project Association with a request to join said association. On motion of Councilman Shirley, seconded by Councilman Patterson, and the unanimous vote of the Council, the amount of $25.00 was authorized to join this association. Refund Sewer Connection Fee A communication dated November 18, 1959 was received from I~lr. Ora H. Andrews regarding the connection of his property at 340 Andrews Street to the City sewer. At the time the City was negotiating with the property owners for the widening of Olivina o}:"r, 7 19~O ~1 4!!,. -"" Avenue J lItX'. Andrews vms assured that he could connect to the sanitary sewer without the payment of any fee. He has nOI'! sold tbis lot and the owner, IV'Jr. Eelz, is nOH ready for final inspect:lon on his house and has paid the $150.00 seiler connection fee. I'Jr. Andrews is reques'l;ing the City to r1onor the agreement and refund the $150.00 corrnection fee to IV'~. Belz. On motion of Councilrr,an Shirley, seconded by Councilman Patterson, and the unanimous vote of the Council, tn8 refund of the $150.00 fee ..'las. authorized. Communications A communication dated November 20, 1959 \vas received from the Bay Area Pollution Con"cr'ol District wi th a report on the possiiJle resumption of open dump burning. A communication dated November 13, 1959 was received from the State Boar1 of Equalization regarding sales tax collec'clon contract. A copy of the minutes of the Housing J\uthority meeting of uctober 20, 1959. ~otice of hearing before the Public utilities Conmlission of the application of Railway Express Agency, Inc. to modify services in the East 3ay. Payroll and Claims One hundred fifty-four payroll claims a.nd one hundred four claims @nounting to a total of $67,517.36 were presented, mId on motion of Councilman Shirley, seeonded by Councilman r;ledeiros, ard by the folluwing called vote, were ordered paid as certified by the City IYJ:anager: Ayes--C01..mcilmen McClaskey, Medeiros, Patters0n, Shirley and J'i1ayor hordahl; Noes--none; Absent--none. Matters Initiated by Councilmen Councilman Patterson asked that some thought be given to the regulation of all night parking of vehicles on the streets. A report will oe requested from the Chief of Police and the matter will be discussed at a study session. 52 DEe 7 1959 Recess On motion of Councilman Patterson, seconded by Councilman Shirley, and the unanimous vote of the Council, the meeting recessed at 11:42 P. M. to meet Monday evening, December 21, 1959 at 8 o I clock P. 1\1. APPROVED: ~ ().7f~ f'.1ayor ATTEST:(\ lA'11~' ~~ . Clerk I I { Livennore, california DEe 2 1 1959 **$*$*$*$*$*$*$*$*$*$*$*$*$*$*$*$*$** ~ r.J'5 0.. I:.:;:: ~ -I I I I I DEe ? 1 1959 5 3 Adjourned liegular Iv'Ieeting, Decerr.ber 21, ] C,r.:",O -"""'.....-" An adjourned reGular meeting uf the City Cct:ncll ViaS hcld cn fi10nday evening, December 21, 1J59 in ~he Library ef the Livermore. Lnion Hiijh Scheel. 'l'hc meet5ns '/las called to ordor at 2,: 00 P. 1\1. Roll Call: Present--Councilmen IvlcC1askey, r"Iedeiros, Patterson and I.layor l':ordar-:l; A1Jsent--Councllman Shirley. rIJinu te s On rno tiun of Councilman l.:edeiros, seconded by Councilman Patterson, and the unanimous vO'ue of .~he Council, the minutes of the regular meeting of Decem"oer 7, 1959 ;;lCre approved as mailed. Counc:1.1man Shh'ley \'laS seated at this time. Bids on Painting at Hall of Justice and L~vermore Free Library Eics fcr the painting of ti.le Hall of J:1stice and t':'e Li V81':;";:(.':,e LibraI'Y VieI'e rece1 ved a::'1\.t opelled at 2 u f cluck p. m. on l'londay, December ,....., .... ' -_...J..J 1959 in t.he office of the City Ivlana$'3r, .9,6 oL~tlir:ed fJlly in th~ notice callinc for bids. Bids were suomi tted by the followinG co:r,panies: Company :J.'otal Bid Valley Paint G 'ifallpaper .h" ~'....~ ~.) Of':::: , ~ f :;. \,.)\ J.A. Boehner 3"OlO.OC) P.E.P. Painting Co. 3,105.CO I'-I. :';illiams & Sons, Inc. 11 or),-::; n('; . J..;.... '-". v...... Pacific Painting ~ Decoration <: 0:: 4 () (', -' J '-) . J,~' An analys1s of the l.:ids has been made by the staff and 1t VIas recomr.lended 'Ghat T'l. :Hlliams S~ Sons, Inc. ()0 awarded the :):Ld. A resolution awarding t~e bid appears later in , . .' t.ne ffilrlU-Ces. Request Financial Participation for Improvement of Side'v'laH;: on Fifth Street Adjacent to EJgh School A comm:ltj;;ee from the High School Student Ce'LJ.ncil were pr'esent at tCle meetIng, Ileathel' RVi'len being spokesl1:an for Jc.ne group. She presented a plan .cor installation of curb and sidevJ"alk on the tmimproved area on the sc'uth side ct' Fifth Street from the scl:ool prcperty to the cc.:;rner. The approximate cost v/ou1d 'ue $45c;.OG alid the student group is l""'equestiLg the CIty to bear ~lalf of thIs cest. 54 OEe 2 11959 The students were info~ned that the Council would take the matter under advisement and they will be informed as soon as the staff has looked into the matter. Reports ~1e reports of the Justice Court-and Fire Department for the nonth of November, 1959 were acknowledged-and ordered filed. I~ I i.-J Resume of Planning Commission Action on Use Permits A report was received from the Planning Commission containing a reSlIDle of the Planning Corr~issionls action on use permits at their 1l1eet-ing of December 8, 1959. No further action i'laS taken by the Council. Report of Planning Commission Re-zoning Application - Inez M. Goebel II, report dated December 9, 1959 was received from the Planning I Comrn.ission recommending denial of the application for re -zoning suomi tted by Inez IvI. Goebel regarding property located on Hocho street, ::.l'lO"i:nl as Pat'cel No.1. On mution of Councilman Si-lirley, seconded by Councilman I: I U Ivjedeiros, and the unanir.-lo;..(s vc ce of tile Council, Jar.ual'Y 4, 1960 was set as the date; for public hearing on rezoning of Pax'cc:l No.1. Recommendation of Planning Commission for Inclusion" in Proposed Zoning Ordinance - Height Restrictions on Antenna Towers A recommendation Vias rece 1 ved f.com tbe Planning Com;rnission .l'E:sardlng'lleight restrictior:s on antenna towers for inclLlsion in tre proposed zoning ordin~lce. A.i:'ceL' suM~ discussion Ly the Council, Nl n,otion of COL.;ncilman Shirley, seconded 'oy Councilman Patte:cson, and by the following called vote, this recommendation will be included in the proposed zening 0l'dinance for public hearing: Ayes--Councilmen IvlcClaskey, Iilede1ros) Patterson, Sllirley and Mayor Nordahl; Noes --none; Absent-- none. L' Approve Tentative Map of Tract 2117 (Livermore Acres, Inc.) A report dated December 9, 1959 vms received from tt1e Planning Commission recormr.ending acceptance of the tentative map of Tract 2117 suLmitted by Livermore Acres) Inc., lying easterly of Dublin Ave., OFr. 2 1 19~O F-::.5 ft.);' Granalja. -:';:1: aGe:" Sjj ~J ~e c t f..:C t:,~t: r-e C(JL11':_"eii"..la t It..>2'l S ;~'.f tr18 PI ar:! ~:~~r~L C()~;:rl,.l s s lor~. ("rl ~>t...i l:.1. c: Il u;.,--- Cc cr:c 11rr~arl ::\:; dc; lr-lJ S, :;, (;: c f.2.1ld.u ,j ;".,~, ;:;c, L1.1-1C.~ lrnar~ I>lcC1.a.s}~e~t, atJJl ttlS JrlarLl!tlc)lJS v"r)te c.f t~le CC'l,(Dcil, t~lle tenta--cl've Inat") vi:' Cl'l'ClC t; ?[_".! --I/' :...',r.3_S ~~'.:,'..r.("i"(~(-:(~ cn-'\:')j':~I"'&;' {-^(- .f-~-,,.::l """Ji", '~".'Y~1")~-ly...,.-:;r-.,f. . "'y""C" '--_ ~', . '._ '-""'_.....__ v '-.I_ '-'I. ,.;J1"..'l'" "';;"i"...-:.,.J '~'.J ..,~.l_ J.. ,;,,;;;........ _:.,.:...;:.:.:..i..:.........~a~,_L.....!....:....;. c: i~ :;1 ;,2 PlCirln~rlC CcrnJ.llssi')r::. Discussion on Hcusing Authority Report f\+. Hv t r11 s lC =-r:le J~ l'~ (; C()l).ncil disc~jsse:l \[1:1,; H,~:C or ~.! (" ~ ~~ .... _: 'J .8.: '2 , .... ..;..j..) D. freed fer l)'.)~)lJ.c . . ::01.1s:".n2: lrl IJ1 \1'2r"~:~c;r~L~ a:n.i ~~~f ~c l"l::':: 1~1t.l'Ct811 sl:,J"ld w"'~ t{~l a \-'ote ef' :;:10 i--,ec;ple. r.:;tlis n:a.tt:Cl' 'A:--iS diSCLlSS(:;.j at a 2t~):~i)' sessj.CI~ alid l"el~er.red to t(;~S ~:'l:~etlrlg f(;r~ ,jisc:)ss:~o:r:. 1.)t2r-.tcllrlirl[; tr.) a former X'el)ort and l'E:ccrn:;;endcd cc iJl'se of ac cion ty t,tt<;; r:o;s':LL; l\1..Ltrl(Jrl t~r. r~Cll>~ C(: ~"",lr~(~ ~.l D.c.:) ~!.rl !:i~t S C L-.S S0 d t y,~c: C0r;l;.~~Ul': -l. t y :~Ci1..: s irlS Sl)>r~\le.y mu.je l;:,r tl'le I.IolJsirig At:'trlor--i ty and t:.le .L-")ep01~t arld reCC:Yll- mendat10n e;f the Publ J.c hOLlsins Adm1nistratioYl. A Flotion 'das rnade by Ci)unc:.lman Shirley, and seccnded -I)Y CO:.lncilnLal1 Pattel.S()~) tr) authC):(l~LZe tC1e :-Io'!)slY1C Atrtl"}i)r'i t7l tCI IYr.',~I)ar"e tl}is .!:latter 1....()1'l s1(~ctiL'r~ sc\nle "t~Lnle r:8.;.:t year". Dl~r*l.rlg disc',Jsslo11 of tll(~ abO\Fe TLotlcllJ C;()',)Dc~:'lL!.arl I."12clc1.1"'~)S n:oved that tlle n--,at ~':.:r be tabled; this l:1ctior: ViaS seecnded :/;/ Councilman IvlcCI.askcY and passed by the follc,dnC' (;3.1 h;d vote: Aves-- Councilmen I,'lcC=~asl:ey J I.;ed?.;; iros, and Mayor l':ol'da'nl j (ces --C01..mcilmen Patter~S011 arld S'hirley; .l\bSe!1t--lli.)rle. ~rnls r:latter) vi.11l ';)e dlsc')Gs(:d ftLrtr1er at all ea.el} stu,dy seSGICJrl. Appeal of Hale K. Duke re Use Permit, Authorize Abandonment Proceedings on For. of 0 St. & Olivina Ave. At this timeche appeal su~)mi tted ')Y Rev. Eale r. . , DelLe r'G- cardt11g a ~lse IJc:ctli t de!lied "try t11e PlarlrLi11g CC!?lln~~ssi()rl i\)r'f Ll~le erecticll of a sel~'l.ice static~n c:rl a parcel uf lan,j ;.>'::l~Iljed "bj" Cl1estrllJt St;ree t., Oli vina A\lenl\".:: and I1crtL 0 St,ree t vlas disc~1ssed by ti'12 Councj.l. f'r. Duk~ presen~ed a petit-Lon sj.gned'~! either renter's or cv.mers W;'L:.ch lndicated that n;cst of ti1e peuple in tLe area v/Ould not 01-, ~i~r-. + vt,;-- v to tills prOl)Csed "use. 56 DEe 2 1 1959 ~ C/') 0.. o ~ The Council also discussed the possible abandonment of a portion of 0 Street and Oli vina Avenue and hov'l this would affect the plan as suh.li tted. A motion \-vas made by Councilman Medeiros, seconded by Council- man Patterson to allow this use permit subject to provisions of Item No. 3 - a, b, and c of the Staff Recomrnendations; the motion --- I I I I passed by the following called vote: Ayes--Councilmen Medeiros, Patterson and Shirley; Noes--Mayor t!ordahl; (Councilman McClaskey abstained from voting) Absent--none. Mr. Duke stated that they 1tJOuld like to begin construction as soon as possible. lie was informed the application pertains to the plan as submitted in his application and if the plan has to be re-arranged on the area because of the abandonment of the streets, he would have to come back for another use permit. On motion of Councilman Shirley, seconded by Councilman r'ledeiros, and the unanimous vote of the Council, the staff was in- structed to prepare the proper papers for the abandonment of a portion of 0 Street and Olivina Avenue as indicated in the recommendation. I I I fuvard Bid on Radio Maintenance Service 'l'he Council again discussed the bids regarding our radio maintenance service. This matter was postponed from the Council meetinG of December 7th so as to permit the submission of a rcport from the City's present maintenance firm. Such was received at the study session of December 14. There was still a question regarding the conversion of the radio equipment; these Link'radios are not on the acceptable list for conversion. ~~.'Watson explained that this did not mean that they would not be accepted, he will guarantec these sets vlill be modified and acceptable to F.C.C. ~~. Watson also stated that an extra radio set will be left at the Police Department which can be installed : I I , by an officer. The following resolution was read and introduced by. Council- man Patterson, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Counc~lmen Medeiros, Patterson, Shirley and .f\layor Nordahl; Noes--Councilman !\lcClaskey; Absent--none. DEe 2 1 1959 t:"':' ...) it .,..", ., t...! ,tI, ./' t I .- f''''' , heSO.Llt .Lon if.LOLr-';J';) HESOLUTIOI'; APPROV:n;G CONTRACT \Hri'E ';:ATSCr,: CC+IT'l<.JTfICN2ICN El\I (}Il'IEERI1,J c; F011. I\'l1'\II\T1SNAl\:CE OF li.J\DIG EC'~l~I?IvLEtrf Ccv.nci.lman f<Iedeiros requ8sted~;~lat at the end 0." three mvnths a repol':' 1.;8 presented and l'eVievled rec;ardinr; t11e maintenance of t.his radio eqLJipn:ent. Report from City Attorney re I.C.O.F. Building Repair Notice A vlr:i. tten report was s1..<bmi tted 'c.y t~le C1 ty Attorney regal"ding th.e disputed issues in the apP2al made by Gec'rge H. 1.:c.I>2cd \"")0 behalf of .tr:c :::~oard C~l'" T'rL~stces~ Liverlrr~c,l'~~:~ I..JcicJS2 J:--l"o. 219" I.O.O.F. ccriCer'~2i:- ing formal ac t :Lon adc;l)ted by our Ci ty30ard of Appeals. liIr. i".lcLeod sta~;ed that before discuss:1.()~!. on this matter, he wis~ed to have ti2e to look OV2r the opinion submitted 1.;y the City Attorney. The Council Vias a8ret:'a~. J e to th5.s and on DO;~:~.:~n ,)f C()tlDcil- man Shirley) seconded by Counci l:nan l-1ed'21roG) and 'c~;e 1)'(:.ar::.:!.r::CL:G vote c..~f\ ti'le CCI1)ficJl) tr~e rnatter. ~vJ~tll L,;e discussed ~lt; ':~t':,(:; B'Lt.ldy sf:;ssic1n ()i. ~)(:(";cnfoer 2(3tl: Vl..l trl .~Cc:'rr:al ac tioD orl JarruaT"/ ~') 1 Sj6o. Discussion Regarding Major Drainage System to Service Granada Village it"le ::1 ~.~- ricil""iagerl l"e~z;,.r\~>.:; J. -;.:;c -~t1e COUDt: i~" It:Gcll")dil"iL; t;C"18 LF'i~,:,_'~' ;,L:alrlag8 s7l S" -~-=!;: '.:;~..: ce:eV8 ii.L~a{:::--k.iL~ i/-~J..;..Q.6~'. - ....... . .. J.2 ~"~:.-'lJe,:. Ci t'Y' Cc ;.,....: ~.,l , apyro \":.:..J. .,-. '..., t ~!..: \.} ~?..:.'" :~..:) l-; S ........' '?~ 'I.; 8 ~ (): lS ~.:c~ ....((..; -~e d \>.J j. ':".~. t r~ c:~;:; ~...~~".';'lJ.Q.~;;. \; :J..1~1be ~L!:-;.l)l<')c:\renleritB a :;i.u~'~'l\ Gt...Jl.'.:~~ :,!,::,,~'..;:l'~ i:."'"ainage s-:;/steL"l \{.[c~s DJ.i' ~~ ~..~!J..~ i.:: ,.; j, ~C~,:;. ~~. u t ~.rlG (; f S.t], 01")8!1 d it C tl -_:._1:;'3 ~~al =.. c.. -:~ ::'1_;11. '':~ ~e i~ s J. sri ci' i;Clls fac,'.:~:l_~;/ ~ 3.[; ,,->...>~:L r'i.::vievlf.:;d :':<y" uUl'~ sL3.rJ.~ [UOl~J. .:~(;;_f\.;:;"l..~,:l 'J..) Zune '{ of the Flood C'Altl'cl D::'.st.1..'1'_~:~ i\.:.:.' t:lei.c perusal. r :Yt1.1s aser:;.;y :.,:?1.8 ;~eil'l~~ed forr:-:al acceptC:l..rlce \...'i.~ .- , j...' ..J~.. ....... ~~.ry[;-'>~r:: -~~iitl'l :i. ,Le\-'i n1l1'101: de 'f.l ia ~~: C'~1 s . ~-~ "f>;~: \~,_ I~ ~ :1.1: fCi l"lrn;-l 1 1 ~:/, (:ne mer:-lcer () f ':; :'::: ~)t.) 3..1"]. (laS qLlcst:iorled trle lc:ga.1. l~~3.;.:;ilj~t'~l .:.:f trl8 City arid t11eir j1.lrlsd:,c ~ir.)rl l'.\...~l~ d1 vert1~G s tC)I'rn VJ3,tf;:r"s ~>:.' .~~.: ,~e .'.t.JC (:'(-1 Cr~ee}( 1r1 ~l~,.e rnarl11eI' P 1. a11r~,.; J.. ;.r~'._~. G 2:")a1 se:l a t~e crl:'"~ic al (-lu~~ s:.1 (;rl ./-Ic ~=~ c. :,..QS ~~i2c n 1-~,2 fCI'J:r,')C d tL) ()"ur Directc1r- of Pt11__;lic :.!"Ql"'>:S al11 Cit~T AttiJl-'ne7>!. C)lll') er:S:.iY12e~ ~l(iS opir;.ed t1':a..t i:;. t11e r~as t LICiS t r~..,: -':::~8 l:la. ters Gene:"lated fr:):-:.t t:;L~2 Sl:-:.~ jc ct aeI'eace flc'~/Jed in a vJesterl")t at1d ll,crt~1'}vJes~:;(:1")1~~ dil')ectic',r~, 1101ftle'v~2r 0.1.:8 to tl-1.8 r:ri.t;_Ll:lC 0.1.-' so~Ll 1 t lS (ll1est.:icna~cl:: ,~,;tjeJ:';~'1e.c. 1:.~\~C1:l ~\l'a~ter ~;las 58 DEe 2 1 1959 ~ ~ 0.. o ~ ever deposited into this natural drainage channel. The City Attorney has ruled that in the event the City sanctions a drainage system whicL purposely diverts water from its natural Gourse to a substitute one, which in turn causes dov-m stream property damage, the City may be held liable. By our staff analysis of this matter, it does not appeaJ.~ that. the great majority of the water would be diverted from a marmer naturally used in the past. ~~. Messenger, representing the developer, stated that when the drainage for this area was planned, there were three courses that could be taken; one ViaS to drain into the gravel pits which F.B. A. i'fOuld not accept, al'1other to drain into the Arroyo Del Valle which vlOuld be swi tching the water course J and to drain into the Arroyo Mocho which was a natural flow to this creek. Drainage to the Arroyo r.locho was also approved by the Flood Control District. On motion of Councilman Patterson, seconded by Councilman Shirley, the Council voted unanimously to accept the recommendations and opinions of the staff in this matter. Report of High School District re Modifications in Old and New High School Site Plans Ivlr. Ed RundstromJ representing the High School District I ! appeared before the Council regarding the modifications in the irigh School's site plrolS. Mr. Rundstrom presented a copy of the letter to the Housing Authority stating they are not interested in the purchase of the remaining 9.6 acres of Vila Gulf property. ~~. Rundstrom also requested the Council to review the School District's letter of May 1, 1958 to the Council and Planning C0111.rnission regarding the school's need for access roads, utilities and planning for the second high school site located near E. Stanley Blvd. and north of r~. Mehran's proposed subdivision. TIle school is interested in Wall Street and Mocho Street but they are not prepared to have an architect give an opinion on the plan for development of the streets. TI!e District Attorney has advised them they can tal{e no financial action or enter into any agreement regarding property not nO\'f o-vmed by them. In approximately two months the school \1ill know how they want the design. The adjoin- ing tract has received tentative approval from the Council subject I I I to the frontage treatment along E. Stanley Blvd. . ~~ ~ _ iJ:) 59 Request Purchase of 15 Acres of Old Sewer Plant Property ^ <.:oY;unun:.catl.oL dated Dec;e:nter 17, 1959 Has received f'r()yn Denise Iii. 'Eh Iha".1 1 t. requ'2s ting a de ter'!L:nation l'eCCL1'dir:[; t:l(~ saL:; of ;:-.Le c1d sei:ase b'sa tr!!811 t. plant sl te. SLe has been a1.1 t1l01' lzc~d 1:'Y 8. client to --offer the Cit~ all :; aSt L i--l}!.-- , r:: ...L. " 3.c.cc S !~~ r .t:'lis l)r()l)el"ty. J'.Jr. Parlless l'eq'Jested the Council tc continue this Ir:atte'.t' on disposaJ. ()l"l '::;118 s:tte l.lntil sor~'~e tir:ie in J-arp,-lar"y vlL1cri tt'16 staff ~-'l:_-L.L be prepared to offer th~ Ccuncil several alternatives for t~c dlsl)C'sal c.<r t.10 ~;rc.\pert7{. On mCi.,1on of Councilm:ln Shirley, seconded D~./ Souncilman Patterson, the CO,.meil vuted unantmously to give t'le stnff :r:ore time .and mal(E' a re.:.::oy.t befol"'e the end of' Jam;.ar~]. Request Amendment to Contract liT. AJ.len r:olmes l'eturned the contract recently <:t') tilc'rized be tVieen ids cC":-npany and ti'lO Cl ty for alane' L11 ar.\.;~-E; se rl\ri C~'2 .....nri a..J.~ :'.eql':'8S ted t:-nat ~Lt ;)e aIT'.cnded tc read $J.S.O(, for orie pe:cs,::.on arld $7.5C, for eacl; addi tIorla,1 passerlG81"i. (in Tnc!t::"Jn c:f ':Ot.:.nciJ.lnarl Sr:.irleY"J secoIld.ed ~lJ" C>:"".Jrleiln:a:-j I'a'ctersun, and V~..._ 1).rlo,r~lrrtC~:.8 vc:te (Jf t118 (>.)1.mc.~il, tllS Cc.'n"'GI',3,C t ~ . .... , /,,. --1....":-.1.. be so amended. Authorize Final ,i.cceptance of storm Drainage System re City Drainage Area No. 1 The folloi'1irLg rescl:1..;t.ion Kas read and incruduced "c,y C<)~mcil- man Shicley, seconded by CC'c.:.ncilrLar: i:Catt.el""'S0r:, aLd (,y the :~(jll,)viinE; called \lc':e 'was passed: A~r~2 s --Cc l,1rlcilnlerl T.:c;~las1(0Y" ~',:e de j~r)os J PatterS0r:, Sl1irle"J'l" and r,'la~lcI' l<criiarJ.l;-. -;\~0eS--n()r:e; .P1.;)sel":t--rlGI1e. Resolution i:'l6S-59 l~\:ESCiLTJrrIOl: AlT'rl:C>RIZIITO l~II~AL l\f:(~E:PTAIJC~ CF 370il!': DRP.L<AjE SYSTEI'l Award Bids on Painting a~ Hall of Justice and Livermore Free Library '~':~c rcllo:!.;~~rlG rs SO.l l...1-S:"C)rl ~i'iaS read a~'ld intr.odtiCed ()y :>_!U.T1C 11- lnan SClirle'~r) secc:nded -i.~;;r t.}:"~i.xrlci1r:l;3.rj Pa t tel"SCYi, 3.i:d .u:/ ;c'~le f()l.lc'd~lJ.C called \'0t~(; '~'-!o..s r~iCJ.s3erl: _n.":y"es--CC1)r1c:tJ..r.:t~'r;. r.icC:"as:"~0~rJ r.I~d.elr(.~s: Fa'~ :~:e.l's()n" Sl1:i.rlt:7! ~~i: s~~~~~~'c~;Ci~~c}j:~::/<ce S - -Eone;; M~,sent --nCLe. lillS'!~,L~):IG:'~ ft..'~~~ARDlr~G C()I~11Rl\C"i.' r101l ~;\II:='I~~'.} l-:./\LI.; \J1" J~'JS rICE J\l~::j I..I\;l~llI'.ICI~ 11'f1.EE~ LI~32Ar1Y ;,,:'LILJI~.;JS ':C) I'I. t~,._rILLIAr-.1.S l\1-:D sellS J Ii,I!:;. 60 DEe 2 1 1959 ~ [/J r-. ~ o ~ Authorize Acceptance of Deed - (15'x200' E. side of Rincon Ave. at Junction - Carr, Wilson) The following resulution was read and introduced by Council- man PaLc(::rsun, secondt:d by Coul18_~lman Ivl8d8lr'vs, and by the ,fullowing called V0 te was passed: l'.yt:s --Councilmen IvlcClaskey ~ Nedeiros, Pa':; t0rson, SLLcley and Iilay0 J..' lIal'dabl; :~oes --::.J...,.; AL.3Cll"G --none. .~. <"' - ~ ,- ~_.. ,. l' " 1 h"" h ~ 1..~.,;:,Vl.u.v":",0..t it yt -:J:;' 7-illSOLFi.IOl: ACCEPTING DEED FROIiI CARLYLE CAli..'1 AN D .A. L. ';aLSON AND I.:ILDRED -:lILSO:J Authorize Cancellation of City Taxes on Property Acquired by City for Street Purposes i":l{~ f:Jliowln6 L'e~ull.i tion .",as read i:lr:.d introduct:d by Council- rr;3.1< Po. L 'cerson, seconded by CGuI1cllman IvleClaskey, arld U'\i v the following called vote ViaS passed: Ayes --Counc:i.lmen McClaskey, I'lede i:c.>os , ro.':';cer sc:>n , Shirley .and Ivlayor Fiordahl; Hoes --none; Absent --none. Desolut"'''' ""0(0 .-~. n .LOu f/J. u-::>:J RESOLUTION AUTHORIZIiW CANCE:L,LA~ION OF TAXES ON PROPERTY ACQUIRED BY CITy Request Board of Supervisors of Co. of Al~neda to Cancel Taxes Levied on Property Acquired by City The f.ollovIing resolution \vas read and introduced by Council- maL ratterson, seconded by Councilman IV:cClaskey., and uy the following ~ called YO i,e ~va:3 passed: Ayes --Councilmen NcClaskey, Me de iros, Pntce::'son, Sh11'1ey and IlIayor Nordahl; 1'1oes--none; Absent--none. R 1 J . Ill'''' ,-c leso UClon y O~-)J RESOLUTION REQUE~TING BOARD OF SUPERVISORS. OF TEE COUNTY OF ALAHEDA TO CA!~CEL COurH'Y TAXES LEVIED ON PROPERTY ACQUIEED 3Y THE Crl.-Y Authorize Execution of Annexation Agreement re Mocho Annex No. 3 'l'11e following resolution was read and introduced by CounciJ.- n:aJ.: Medeiros, seconded by Councilman -Patterson, and by the following called vot--e- Vias passed: Ayes --Councilmen I\1cClaskey, f'ledeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #170-59 RESOLUTION APPROVING ANNEXATION AGREEr'lENT 'vVITH LIVERl\10RE ACRES, INC. FOR fJIOCHO ANNEX NO. 3 Accept Improvements in Tract 2056 - Liv. Dev. Co. The following resolution was read and introduced by Council- ! i I I -----! man Shirley, seconded by Councilman Patterson, and by the follm-ving called vote was passed: Ayes--Councilmen McClaskey, Medeiros, RESOLUTION IN TRACT 2056 nEe 2 1 1959 (;1 i\ccept Improvements in Tract 1977 (Lincoln Lumber' Co.) ~~""1 '.J. {',r.. ~ i -';~..,; i v' O. f'# ~ ~.... ;-\1 J ~.:- ~ .' ;1' ~!\~..... S _~.f,lC -,,"v__Lh_.~J.lo. .:.. l;;i::.l_.....v.l.o._L .. "''fa. Ileacl alld Ir1'i:r~c;ducerJ4 b":;/ :~()Ltl..eil- l:.n.n Patterson, 88cunded 'oy COiJLc:i1man :.1ed;;; il'(js, and 'oY the 1.'o110\'i ins called vote ,'ias passed: l\.yes --CoL,ncilmen r<1cClaskey, ;'ledeiros, Patterson, Shirley and tllayor Lordahl; Noes --none; A"0sell t --none. :\esolutioD {172-5S ~S()LU fIOI\ ACCEP?Il::} FIi: AI! Ir::Pfl0-rVET.IEl\ir~"s Ii'.: rj~:{p~CI' lS/77 Authorize Advertisement of 3ids for City's Gasoline Requirement 'I'rlc fCl::J)vdnC reso1u~,;lon was read and ird';I'C'duced 'oJ C\..,u:c::J- lnarl :/lcC,las1,..ey" secorlded li~r C:{,,);",i.rlcilrnall I~Iedel.r~os) a~d (Yy- Lt-Il:: f0Ilcl,'!in~ ,-.r;-'c'~ V"""':""::1S ''''~''''''''eri. I.,.,d.....J. '-..l. '-..) L-t.. "a. J,-'Cl.iJu -..l.. 1\';/2 S --CC-1)T1C l1rnerl I:eCl.~s}{e~! J I;;:2de i.ec.s, Pa;:~~ers()nJ Sh~L1'h::y and IfJayol' l:ordahl; Nces--n:me; Abs8nt--ncne. n.-, -.' t"' ~. )', "'3 5" ncS~~U ~uL v~! - ~ IBSCI.UTIGl\ l\DOprrll\.:; 3P~CIll'ICA;Tlt;1\S Al\}~D DIFGCI'II\: ~,r 1"l~-iB CLEHX 'l'C ADVEHTISZ FOR 3IDS FOR CITY'S 1960 GASOLINE P.E~UlREI<:El":I! Adopt Ordinance Annexing Macho Annex #3 (r1 rnc)ticrl (if' CC'linc:tlrn.c~rt Pat:tel"S()!J" secc.n:led .by CCil1nc:il:~lal1 ~/:cClasl;~cs~, a11d tl:.8 unal11:DC)l).S \l'~}te o:.~ :r-p,: Cc uriC :::.J.) "'ellS l')ea;~tirlC ()f .., '-1--"p In. .:....;, crdirl311Ce Vic.S v~ai \'ed. em l1ict:Lcn of Councilrnan ?atterscrt, scconJed by Councl1rr.~ln Shirley, and by 'che fc110'/I:.ng c aIled vote, the ordinance an:lexine; 'n"r,:'r,~."'-~a." ~""y.y,., :'01'-' l'~f"'J~" a'" flT.,.C""o u J....L J,.L"a..t..;~:... 'J~ t,,__.;.. _ 1. v Y .i'...i.:.J.,..~ ....) l-.!lL, ~J. Annex l<c~. S" was pc:ssed and adc p te d : A~"'~ s --Collrlc ilrner~ j\;:~ (;I Cis1:e~t" :.:t:: de ~l}.~:.".) s: :' ct to' ts .eS()[l" S11~!~ ley c.nd nayor' IJcrdahl; 1:0es--none; A'.:..sent--ncne. C~RDI1.~Al\:CE rro. l}2':~ ~l\l'} C;RDI:\~lG'~CE APPR.C)\TI1>~G l\.1>jl~E:XA;rIOI'.: El'.~l'!ITLr::D TvTOC:-=O Al~l\EX l'JO. 3 ' Adopt Ordinance A~ending Ordinance No. 191 Rezoning Portion of Industrial Area to M-2 On rLotiun of Councilman Shirley, seconded by CounCl1rr;o..n Patterson, and the unanimous vote of the Council, t'ne reading of t:ne ordinanCE: was 1tlaived. Cn mot~.()n of '':;ouncilrr..an Shir'l-;;:y, seconded "oj CounclJn:o..D PattersoD, and 'cy t'ne f'el10;'i:lnc called 'lete, tne ordhiance rez(m:Ln~ a portier: of Q,lr ::.n-iustriaJ area to Zone ?1[-2, Interr:',edlat.e Indtlstrj.aJ 7. . d . . j ~~one ~f.:as passco. an, aCtC IJ Get : ~n.:le s - -C~j urIC :LII(C r~ I/:c\:]. asl..:e'j, I'.~e de i:eos) PatterS()fl, Shirley and ~ayor ::crds.'rll; Noes--none; J\ijsent--none. 62 DEe 2 1 1959 ORDINANCE NO. 429 M~ ORDINANCE A~lliNDING ORDINANCE NO. 191 ENTITLED "AN ORDINANCE PROVIDING FOR THE CREATION itJITHIN THE INCORPORATED AREA OF THE CITY OF LIVERfllORE OF CERTAIN ZONES AND IN THE SEVERAL ZONES THEREBY CREATED DESCRIBING THE CLASSES OF BUILDINGS, STRUCTURES M\m It.1PROVEr.1ENTS; REGULATING, RESTRICT- ING k~D SEGREGATING THE LOCATION OF D\ffiLLINGS, APARTr~NTS, TRADE~, BUSINESSES, AND INDUSTRIES AND OTP~R SPECIFIED USES; REGULATING AND LIMITING TPE HEIGHT AND BULK OF BUILDINGS AND STRUCTURES AND 'THE AREA OF BUILDING SITES COVERED THEREBY AND PROVIDING FOR BUILDING AND USE PERI'fJITS; DEFINING THE TER~~ USED P~REIN; PROVIDING FOR TPili ENFORCE~ffiNT M~D AT~ND~lliNT OF SAID ORDINANCE; PROVIDING PENALTIES FOR ITS VIOLATION," BY AlliENDING PARAGRAPH SIX OF SEC'l'ION THREE THEREOF. Adopt Urgency Ordinance- Amending Ord. #311 (Animal Ordinance) On motion of Councilman Medeiros, seconded by Councilman I Patterson, and by the following called vote, the ordinance amending Ordinance No. 430 was passed and adopted: Ayes--Councilmen l\lcClaskey J Medeiros, Pat terson, Shirley and l\1ayor Nordahl; Noes-- none; Aosent--none. ORDINANCE NO. 430 1m URGENCY ORDINM'JCE OF TP,E CITY OF LIVERI'-10RE AfvIENDING ORDINANCE NO. 311 ENrrrrLED, "AN ORDINM\CE OF rrEE CITY OF LIVERr-10RE PROVIDING FOR LICENSING OF ALL OOGS, PRO- HI3ITING DOGS FROM RUNNING AT LARGE WITHIN TI1E CORPORATE LD/IITS OF THE CITY OF LIVERMORE" AUTHORIZING THE IMPOUNDIN~ OF DOGS; PRO\~DINQ PENALTIES, SETTING FORTH THE POWERS AND DUTIES OF THE POUNmIlAS'I'ER, PROVIDING RULES AND REGULATIONS FOR THE CONTROL OP OTEER TYPES OF A1HIvIALS AND SETTING b'ORTH r:lISCELLAl"JEOUS RELI\'l'ED RULES AND REGULATIONS", PASSED .IiJ~D AOOPTED FEBRUARY 28, 1955, BY Arv::El~DING SECTION 2.11 OF CHAPTER II l'::ZREOF TO ADD TWO NE',; SUBDIVISIOl:S TEEfIETO TO' BE Ki~C-;Jl~ AS SUBDIVISIOl'.j;::: f u; AND (h; TI3rlliO:F'j BY Ah1:!;NDli.;:; S:J.BDLvISICW3 (r-l) i\,l~D tf-4) OF SECTION 3.01 CF CHAPTER III THEREOF; BY A:'::EFDING SUBDIVISION (a) OF 3ECTIOE 3.C2 CF CHAP':'ER III 'lliEREOF; BY Ar/:ENDn~G Sl~BDrnSION (a) OF SECTIOF 3.04 OF CHAPTER III TP.ERE0F~ AND 3Y P.IvlliNDIKG SU13DIVI8ION (a) OF SECTION 3.05 OF' CHAPTEH III THEREOF. Adopt Urgency Ordinance Amending Ord. #350 License Fees - Animal Ordinance On motion of Councilman McClaSkey, seconded by Councilman Shirley, and by the following called vote, the ordinance amending C:cdlnance 1'.:0. 350 Vias passed and adopted: Ayes --Councilmen I;lcClaskey, r'ledeiros, Patterson, Shirley and Mayor Nordahl; Noes-- none; Absent--none. ~ r.J'J ~ o ~ ,-I I 'I , I I u nrc 2 1 1959 63 C:i':;'DII'-:}\lJC;~ I\:C'. 431 A!:J rJRG:I~I<C~Y C:.:~DI:~'l\I'>:.S ::)14' :'III: CI~Y OF" I;I"VEi1J.1C)Y{E AI/21;'JI;~t} C'}iDI:'.~K\:CE 1.0. 35C) Ei~TlrrLED, "i\I'_; ()={DIr.,1l1T.JCE Ar:31\JDI!\JG OHDH;A:'ICE I.C'. 3~.1 L:lTI'.2L.::D, I An ORDINAI<CE OF THE ell"'::: CF LII.t.:l:::.1C':ill PROVIDTNG FOR LICE~;sn;J- OF l\LL X<;'3, PROHI3ITll\C DCGS' FRO I'} m:mlrr AT L.l\fLXE ':IIIBIl'; TP3 CORPORATE LIELl.'$ OF T~-=E crry OF LI\lEm''lOHE, I\.UTECl1IZI:>J .:::::~ IIVIPOUNDIKG OF DOGS; PROVIDl:D PEFALTlES, SETTHIG FORrI'11 rr}-~E FC) ~:t~rtS f'~l'~D DL: r.CIE:3 (, F ~1-:E POl.~l.:'DrylAS ?I~R, rF{C1 - \~IDIl~~G :iTL'DES AT'.TD I~ECiU:"A:rIOl'-}S 170R '~~}-_,.2 C:C~'Jrrl-\O:L (iF' or_"'HEf~, TYPES OF Ar-.Jlr~'IALS Ar~D S2il'1\I:~:(~ 1~\)Iil1]:-: 1.:IS(:T~LIJAl'\EOUS RELATED RULES AND El::G~: LA TIONS ", PASSED Al'ZD ADOPTED D' '(' ""'r'''':J ~ -, ~ .. r.-- ',-'y' A'.I'"'CC'~'I)I" /" S"......~Tr N ,..."" -"'~n - '''' .t.\..d..:"l:~:;L~l. .L i, l. ;;':'it} J::" l"..E...t.J 1\'..; ..w0'_'~;J' c.. l.':'i~l"'....e.li~'. Request Governor to Call Special Session of state Legislature un Subject of Controlling Motor Vehicle Exhausts rl.'he folloVIinG :cesolutlon was read and.!.ntroQuced ;)~; CCL;ncil- mal: Shirley, seconded by Guunc:t l.lT1G.n ?a t tersun, and by the follo,J:1.nS called vote '..Jas pass~d: Ayes --.;j(P.lDC ::.lr:len >lcClaskcy, He de Lees, Patterson, Sl1irley and l'laycr Nurdalil; 1\08s --none; Absent --DGne. Pc.>Sl."-: 'l.,';.'i 01' ~rl17li_:::'c. ...1.'_ ~....\v__ 1/''''. ,./.-/ IN 1'H3 :"lAT'l'ER OF REQUESTING 'TIiE GOVEJR.NOR OF CALIF'Ci1.l".:IA Ie CALL A SPECIAL SESSlOr; O~... 'l.'HE CALIF'CRNIA STATE LEGIS- LAl'Ul~ or; TEE SU3J.t.:CT CF CC:TRCLLIliG 1'10'1'01\ 'f.2EICLE EXt-iAUS:TS COITL."1lunica tions Comrnl).r..icacion dated Decerr,oel' 1 :; --, 1959 ~as received from the Eousing Au thori ty advising tee Council CrL<:l.G the ':.,,~rm cf' E. /.1 ;'.':arcin as a C;\.-)E'Jnlssio!le:r- c)f tr~e lI(j1J_sing 1\t1tll01~i t:r \:1.i11 e]:l)irc~ ()n ~farlUar):/ 26, 1900. A cor:~nil~',.r~ic(lt:if.)rl dated l'rJVerr:bel'l 27) 195<; vIas 1'lecci'18:j fl"Or:: l'.Jr:il Iilel"'l~ar Ie, Li vcrrnOYle Jl..n~t1.se!ner. t Cerl ter, reca1'")j:nc tl'le see tieD o.t"' the business l:l. cel1S8 ordinance relating ",".. ,.., vV c ard t~a.1) Ie s atld. I) () c) 1 tables. Tv:r. Pa.rr.ess :"'epo,:,te,i t.he st2.ff r~as clled:ed I'li th ether cities and our fees seem to c.e in line \'l:i.t:h these cities. Eo aC1~.L()n ,'Jas taken by the Ccunc:Ll. Copy of the minutes of the Housing Authori t.y for the meet:..r,[: of ?;ovember 2-7, J.959. Payroll and Claims Sixty -eiGht. payroll claims and seven claims amoL.nting to a 'ce' tal ('If' ~~~: 0 ??~:-'; ?;~ ....1 .... y.l- .",; , - >.- - . I ...... were presented and on motion ". .--' '-,~ CcurlC il1::an T~1eCl.c..sl{ey, seeOlldGd_h~;, C":'L~ncl1Llan ?att.2rscr~) E11;:::1 O~i tl:(~ fc>11cTd1rlg call.cd \r()tE~~ ~1Tc're c'r.d.81~ed l)aid as cer::if~ orj i,:-;;T" tl'le Clt.~r I/~a.rlag'2r: 64 OEe 2 1 1959 Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Employ NevJ Assoc1iate Engineer f/ir. Parness introduced to t11e Council Hr. Joseph Steenb1ik v;Lo has been recently employed as the City's Associate Civil EnGineer. Adjourn On motioh of Councilman Patterson, seconded by Councilman Shirley, t'~1e meeting adjourned at 11 :40 P. f'l. APPHO \lED: -ta-nu- [) ,1119 '~ATTEST: Mayor Livermore, California JAN 4 1960 . **~*~*~*~*~*t~~*~*~*~*~*~*~*~** ~ CJj 0.. o ~ i-:l LJ .0 l JAN 5 :",'-',0 333 Public Hearing - Uniform Building Code, 1958 Edition This being the time and place as established for the hearing of protests to the. adoption of the Uniform Building Code, 1958 Edition~ the hearing is now open. The City Clerk announced there were no written protests to this proposed ordinance and upon invitation by the Mayor for protestants to speak~ it was determined that there were no oral pX"otests. On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, the public hearing was closed. Authorize Purchase of Radio Set for Fire Vehicle At this time the City 1\1anager explained the need of a rad:Lo for the fire vehicle. This vehicle is to be used primarily fop emergency rescue work and fire inspection purposes, hence it will be absent froJY, the station on most 0<2 .'asions. This ,.:::;~pe~1di turc v;ould qualify fOl:' :matching fUl'"ldG fro!!1 Federal Civil Defense. 'lhe Council also discussed the possibility of purchasing a second res:Jsci tatol" to be installed in the Fire Department Station 'vJagon and l'h". Parness ;'Jas instructed to' check into the cost for the purchase of this second resuscitator. On motion of Councilman 1.1edeiros, seconded by Cc>uncilman !.~cClaskey, and the unanimous vote of the Council, the recommendation of the City J.Vlanager and Fire Chief \lJas accepted and the expenditure of $600 was authorized from the Fire Department budget for the purchase of a radio for thci fire vehicle. Report from Planning Commission Variance i\pplication - E. E. Garbini A report dated January 2, 1959 Has received from the Planning Commission recommending the granting of the application for variance in order to erect a garage on property line submitted by E. E. Garbini on the property located betvleen 1847 and 1899 ;'lest Fourth Street. 3i>4 1 "N 5 E,~\9 ~, 1-1 n. ~ o X > = On motion of Councilman Medeiros, seconded by Councilman Shirley, the Council voted unanimously to accept the recommendation of the Planning Commission and grant the variance. Resume of Planning Commission Meeting A report was received from the Planning Commission containing a resume of the Planning Commission's meeting of December 23, 1958 for the Council's review. No action was taken. o Protest Decision on Use Permit Application James Sandlin - Barber Shop A communication dated December 28, 1958 was received from Forrest A. Adams appealing the decision of the Planning Commission on the application of James Sandlin for a use permit to operate a barber shop at 1279 Livermore Blvd. The Planning Commission denied this application because the requested use would be a non-conforming use, and would, therefore, be in the category of the uses required to be abated by January 1, 1972, as proposed in the proposed zoning ordinance. Mr. Joseph Schenone, attorpey, spoke on behalf of the I I LJ applicant explaining that this build~ngras been used for commercial purposes since it was built. It was built as a real estate office and was later used as a cleaning shop building; also this area is not strictly residential, there is a motel, trailer court, service station, corporation yard, wrecking yard and Joesville commercial buildings along this street. The proposed barber shop would be a compatible use in this area. The applicant also proposes a two bedroom home to be built on the property. The Council then discussed the matter. Mr. C. Carr, owner of the property, also spoke regarding this application and stated he had purchased this property as buainess property. After further discussion, on motion of Councilman Shirley, seconded 'by Councilman McClaskey, and by the following called vote, the matter was referred to the study session next Monday evening, January 12th: Ayes--Councilmen McClaskey, Shirley and Mayor- ~ I i U .',,,,,:,'''''''.,,,;; . J/.l.N 5: (::j 335 Nordahl; Noes--none; (Councilman Medeiros abstained from voting) Absent--Councilman Patterson. Report of Planning Commission Tentative Map of Tract 1990 - Jensen Development Corp. A corrununication dated January 2, 1959 was received from the Planning Corrunission recorrunending acceptance of the tentative map of Tract 1990 submitted by Jensen Development Corporation located east of Madison Avenue, west of Hillcrest Avenue, and north of East Avenue, subject to the recon~endations of the Director of Public Works. (A copy of which is on file in the office of the City Clerk) On motion of Councilman Shirley, seconded by Councilman r.1edeiros, and the unanimous vote of the Council, the tentative map of Tract 1990 was approved subject to the recon~endations of the Director of Public Works. Report from City Attorney re Questions of Coast Mfg. & Supply Co. Concerning Industrial Annexation ~ written report dated December 31, 1958 was presented by the Ci ty Attorney answering questions raised by the Coast rJIanufacturing and Supply Co. concerning the industrial annexation. (A copy of i^lhich is on file in the office of the City Clerk.) Report from City Attorney re Improvement Club Request for Financial Contribution A Vlri tten report dated Decembel""> 16, 1953 was presented and r,:;ad by the City Attorney regarding the r'ecent request of the Homen's Improvement Club for financial participatioIf by the City in a clubhouse. (A copy of said report is on file in the office of the City Clerk.) ~~s. F. C. Robinson and ~~s. Dollie Rothamel were present representing the '.iomen' s Improvement Club and requested that a meeting be held at some future date when the Council will listen to their side of the story; thl.::y believe they have a good argument for reimbursement. Tne Council was agreeable to a meeting next rilonday evening, January 12th, at a study session. The Improvement Club will be notified 0f the time. ~36 JAN 5 ;959 ~ o >c: :::- = Appointment to Airport Advisory Committee On motion of Councilman McClaskey, seconded by Councilman Shirley, and the unanimous vote of the Council, Harry Perl was appointed as a member of the Airport Advisory Committee. Applications to Sell Small Firearms ,~ u On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, a permit to sell small firearms for a one year period beginning Januapy 1, 1959 was granted to the following: Nelson Hardware at 56 So. Livermore Avenue Minoggio1s Sport Center at 153 No. L Street Application for Business License Denied An application for a business license submitted by Ruby Marks, Box 563, El Cerrito, to establish a handwriting business was cons:tdered by the Council and on motion of. Councilman Shirley, seconded by Councilman McClaskey, and the unanimous vote of the Council, the application was denied. ,-., ~ Grant Waiver for Garbage Disposal Site Owned by Coast Manufacturing & Supply Co. The fol10wing resolution was read and introduc~d by Council- man McClaskey, sec0nded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, and Shirley; Noes--nnne; (Mayor Nordahl abs.tained from voting) Absent--Councilman Patterson. Resolution #1-59 RESOLUTION GRANTING WAIVER OF SECTION 2 OF ORDINANCE NO. 399 TO CONDUCT REFUSE DUMPING OPERATION ON I PRIVATELY OWNED LAND Advertise for Bids for City's Gasoline Needs for year commencing February 1, 1959 The following resolution was read and introduc~d by Council- man Medeiros, seconded by Councilman McClask~y, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Shirley 11 , I and Mayor Nordahl; Noes--none; Absent--Councilman Patterson. Resolution #2-59 RESOLUTION CALLING FOR BIDS FOR FURNISHING AND DELIVERY OF GASOLINE FOR THE YEAR BEG- INNING FEBRUARY 1, 1959 . ,; ;", ;\; . ;, 337 Authorize Execution~ Contract with Coats, Herfurth & England, Consulting Actuaries, for Amendment Valuations to City's Contract with St. Employees' Ret. System The following resolution was read and introduced by Council- man r.1cClaskey, seconded by Councilman Medeiros, and by the folloliling called vote vias passed: Ayes --Councilmen r1cClaslcey, IvIedeiros, Shirley and Mayor Nordahl; Noes--none; Absent--Councilman Patterson. Resolution #3-59 A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT Authorize Execution or a Contract with Jensen Dev. Corp. for Sewer Connection (Lot 3, Bl A, Tct 1984) TI1e following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: Ayes --Councilmen rvlcClaskey, Medeiros, Shirley and I.1ayor Nordahl; Noes--none; Absent--Councilman Patterson. Resolution #4-59 RESOLUTION APPROVING CONTRACT 'i'lITH JENSEN DEVELOPI\1ENT CORPORATION FOR SEvlAGE SERVICE Authorize Execution of' a Contract vIi th Jensen Dev.. Corp. for Sewer Connection (Lot 4, Bl A, Tct 1984) The following resolution was read and introduced by Council- man 11edeiros, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Shir'ley . and r1o..yor Nordahl j Noes--none; Absent --Councilman Patterron Resolution #5-59 RESOLUTION APPROVING CONTRACT "vUTH JENSEN DEVELOPMENT CORPORATION FOR SEWAGE SERVICE Adopt Ordinance #400 Adopting the Uniform Building Code, 1958 Edition On motion of Councilman Shirl~y, seconded by Councilman l\ledeiros, and the unanimous vote of the Council, the reading of "!he ordinance was waived. On motion of Councilman Shirley, seconded by Councilman NcClaskey, and by the following called vote, the ordinance adopting the Uniform Building Code, 1958 Edition was passed and adopted: Ayes --Councilmen T1cClaskey, rlIedeiros, Shirley and r'Iayor Nordahl; Noes--none; Absent--Councilman Patterson. 338 JAN 5 \959 ~ o X Q>. = ORDINANCE NO. 400 AN ORDINANCE REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, CONVERSION, DEMOLITION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF BUILDING OR STRUCTURES IN THE CITY OF LIVERMORE; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR; DECLARING AND ESTABLISHING FIRE DISTRICTS; PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND REPEALING- ALL ORDINANCES- OR PARTS OF ORDINANCES IN CONFLICT THEREWITH BY ADOPTING THE "UNIFORM BUILDING CODE, 1958 EDITION", VOLUME 1, AND AMENDING SECTIONS 204 AND 303 (b) OF, SAID UNIFORM BUILDING CODE AOOPTED BY THE PROVISIONS OF THIS ORDINANCE. ,---' , I I I I I \.......-J Proposed Ordinance Annexing Industrial Annexat~on #1 A proposed ordinance approving the annexation of Industrial Annexation No. 1 was given a first reading and on motion of Council- man McClaskey, seconded by Councilman Medeiros, and by the following . called vote, was ordered filed: Ayes--Councilmen McClaskey, Medeiros, Shirley and Mayor Nordahl; Noes--none; Absent--Councilman Patterson. Proposed Ordinance Annexing Mocho Annex #2 A proposed ordinance approving the annexation of Mocho Annex #2 was given a first reading and on motion of Councilman Medeiros, seconded by Councilman McClaskey, and by the following called vote was ordered filed: Ayes--Councilmen McClaskey, Medeiros, Shirley, I i i '---- and Mayor Nordahl; Noes--none; Absent--Councilman Patterson. Proposed Ordinance Establishing Fees for the Disposal of Waste Material at the City Disposal Site A proposed ordinance fixing and establishing rates and regulations for the privilege of the use of the refuse disposal site of the City of Livermore was given a first readj_ng ~-::'nd on motion of Councilman McClaskey, seconded by Councilman Medeiros, and by the following called vote was ordered filed: Ayes--Council- men McClaskey, Medeiros, Shirley and Mayor Nordahl; Noes--none; Absent--Councilman Patterson. -I Approve Faithful Performance Bond of Livermore Bowl, Inc. The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Shirley and Mayor Nordahl; Noes--none; Absent--Councilman Patterson. ! ! ----.i , ~ " JAN "" .... 1 r. "!., o. ,.i"~) 339 Resolution #6-59 RESOLUTION APPROVING BOND OF LIVERMORE B01;JL, INC. (Faithful Performance) Approve Labor & Material Bond of Livermore Bowl, Inc. The following resol1ltion was read and introduced by Council- n~an Shirley, seconded by Councilman McClaskey, and by the following called vote Has passed: Ayes --Councilmen l\lcClaskey, Mede.iros, Shirley and Mayor Nordahl; Noes--none; Absent--Councilman Patterson. Resolution ~~7 -59 RESOLUTION APPROVING BONY) OF LIVEHMORE Bm'JL, INC. (Labor and l\1aterial) Authorize Execution of Contract ;'li th Livermore Bowl, Inc. Improvement of Railroad Ave. - Full Frontage of Prin. Ppty. The following resolution was read and introduced by Council- man Shirley, seconded by Councilman McClaslcey, and by the following called vote vms passed.: Ayes--Councilmen Tv1cClaskey, Medeiros, Shirley and l\layor Nordahl; Noes--none; Absent--Councilman Patterson. Resolution 1/-8-59 HESOLUTION APPROVING CONTRACT WITH LIVERMORE BmIT., INC. Communications A cow~unication dated December 11, 1958 was received from Tv'!!'. Nelvin A. Harrison, with petition containing 131 signatures, relating to businesses being established along East First St., just outside the City limits and this area's future development. 1"1 letter was to be directed to IVlrs. Harrison informing her the comments and recommendations contained in her letter will be studied by the Council in the course of their revieH of the proposed zoning ordinance. A conununication dated December 22, 1958 was received from the Housing Authority notifying the Council of tllJO vacancies which i'Jill occur on January 26, 1959 in the Board of Commissioners. This \lJill be discussed at a study nession. A comrmmication dated December 18, 1958 was received from the Feather River Project Association outlining the associationfs problems and soliciting the Councilfs financial assistance, support and participation. After some discussion on this matter, the City r.lanager was instructed to inform the Association that the City presently belongs to the South Bay Aqueduct group. i:S40 JAN , .,'" ~ 1939 ...... o X > = Proposed Survey to Determine Need for Low Cost Housin~ A communication dated December 26, 1958 was .received from the Housing Authority asking if the City Council would accept the results of an impartial survey conducted by the Public Housing Administration to determine the need for low cost housing in Livermore. The Council felt they would like more information . regarding this survey and decided to request someone from the !! I I I , LJ Housing Authority to be present at the study session next Monday evening to give the Council further information. Uniform House Numbering for Livermore-Amador Valley A copy of a letter to the Board of Supervisors from the City of Pleasanton regarding the uniform house numbering project, and the establishment of a north-south base line. The Pleasanton . Council recommended that Isabel Avenue be the north-south base line. The Council discussed two locations, L Street and Isabel Avenue. The matter will be discussed again at the study session next Wednesday evening. I I I ! L_ payroll and Claims Sixty-four payroll claims and thirty-one claims amounting to a total of $66,332.26 were: audited by the City Manager and on motion of Councilman Medeiros, seconded by Councilman McClaskey, and by the following called vote, were approved as presented: Ayes--Councilmen McClaskey, Medeiros, Shirley and Mayor Nordahl; Noes--none; Absent--Councilman Patterson. Resignation from Park Commission (Stivers) A communication dated January 5, 1959 was received from Harry Stivers submitting his resignation from the Park Commission. 1~e Council accepted Mr. Stivers resignation with regret. , I } ; I .--.J Recess On motion of Councilman Shirley, seconded by Councilman McClaskey, and the unanimous vote of the Council, the meeting recessed at 10:25 P.M. to meet Monday evening, January 19, 1959 at 8 o'clock P. M. APPROVED: J ~ Ll.J1 ~ATT8S~~-fK"l Mayor Cit~ lerk Li vermore, California Jt\N 1 9 1959 . Jt\N 1 9 rsr:;g 341 Adjourned Regular Meeting, January 19, 1959 An adjourned regular meeting of the City Council was held on January 19, 1959 Monday evening/in the Library of the Livermore Union High School. The meeting was called to order at 8:00 P. M. Roll Call: Present--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Absent--nope. Minutes On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, the minutes of the regular meeting of January 5, 1959 were approved as mailed. Reports On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the report of the Police and Pound. Departments for the year 1958 and the month of December, 1958 and the statement of revenue and expenditures for the period July 1, 1958 thru December 31, 1958 were accepted and ordered filed. Report of Planning Commission Use Permit Application - Leo Blow " - " A report dated January 14, 1959 was received from the Planning Commission regarding the application for a use permit submitted by Leo Blow for a retail building material and equipment rental business at 1210 Railroad Avenue arid recommended a joint study session with the Council to discuss the application. The next study session on Jan. 26, 1959 was agreeable to the Council for this joint meeting. Resume of Planning Commission Meeting A report was received from the Planning Commission containing a resume of the Plarining Commission's meeting of January 13, 1959 for the Council's review. No action was taken. Report of Planning Commission Tentative Map of Tract 1963 - Sunset Development Co. A communication dated January 14, 1959 was received from the Planning Commission recommending acceptance of the tentative map of Tract 1963 submitted by Sunset Development Company, subject to the recommendations of the Director of Public Works. (A copy of which is on file in the office of the City Clerk) ;)42 JAN 1 9 19:')9 ..... o >c > = Mr. Joe Michell, Superintendent of the Elementary School District, was present at the meeting and outlined for the Council recommended locations for the pedestrian access walks to the pro- posed new elementary school site as indicated on the tentative map of Tract 1963 and stating the reasons why the particular locations are recommended. (A copy of Mr. Michell's letter recommending these pedestrian paths is on file in the office of the City Clerk.) After a lengthy discussion by the Council, on motion of Councilman Shirley, seconded by Councilman Medeiros, and by the following. called vote, the tentative map of Tract 1963 was approved subject to the recommendations of the Director of Public Works and access lanes are to be installed in locations as recommended by the School: Ayes--Councilmen McClaskey, Medeiros, Patterson, , I i ,I LJ Shirley and Mayor Nordahl; Noes--none; Absent--none. Call for Bids on Industrial Sewer The following resolution was read and introduced by Council- man McClaskey, seconded by Councilman patterson, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution~9-59 RESOLUTION CALLING R BIDS FOR AN INDUSTRIAL SEWER ,TRUNK .LINE I i 1 I . - Tentative Map of Tract 1993 - Livermore Development Co. The tentative map of Tract 1993 submitted by Livermore Develop- ment Co. was again discussed. This matter was postponed from an earlier Council meeting, at the request of the subdivider, so as to refer the question of depositing surface drainage on City property contained within the airport bouqds to the C.A.A. for their approval. Mr. Parness presented a letter from the Feder~l Aviation Agency in which they recommend that a ponding area not be granted at this time .on the basis that such an easement may interfepe ii . I with the future development of the airport or affect the sale of the property as contemplated by the Airport Committee. They have no objection to a temporary oral arrangement between the City and r ~ 'I . I- i.:.'" 1 I ;, I"' r \....1 I \, Ij t_". 1 343 the subdivider desiring the ponding area, provided there is no compromise with the safety regulations affecting the operations of the existing airport. After some discussion, it was suggested that the City Attorney, City Manager and the developer meet to discuss the possibility of an oral arrangement and it was requested by the developer at this time that the tentative map be approved with the recommendations as proposed by the Director of Public Works. On motion o~ Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, the tentative map of Tract 1993 was approved subject to the recommendations of the Director of Public Works. Deny Appeal submitted by F. Adams on Denial of Use Permit Application The Council has considered the appeal submitted by F. Adams on the denial by the Planning Commission of the use permit application of James Sandlin to operate a barber shop at 1279 Livermore Blvd. and on motion of Councilman Patterson, seconded by Councilman McClaskey, and by the following called vote, the action of the Planning Commission was upheld and the use permit denied: Ayes-- Councilmen McClaskey, Patterson~ Shirley and Mayor Nordahl; Noes-- none; (Councilman Medeiros abstained ~rom voting) Absent--none. Applications for Exempt Solicitors Permit Granted Applications for solicitors exempt license to solicit in tre City of Livermore as outlined in Ordinance No. 373 were submitted by: st. Michaels Mothers Club for a fashion show. Val-Jaco Junior Achievement, students of Livermore High School, manufacturing of plastic Tel-O-Pens. On motion of Councilman Patterson, seconded by Councilman McClaskey, and the unanimous vote of the Council, the Council approved the applications and authorized the issuance of exempt fee licenses. Applications to Sell Small Firearms On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, a permit to sell i>44 JAN 1 9 1959 ~ o :>< ~ = small firearms for a one year period beginning January 1, 1959 was granted to Livermore Home & Auto Supply, 167 So. Livermore Avenue. Resolution Adopting Arterial stop Sign Locations The following resolution was read and introduced by Council- man Patterson, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #10-59 RESOLUTION DESIGNAT~NG ANh DESCRIBING CERTAIN STREETS. AND .PORTIONS OF STREETS IN THE CITY OF LIVERMORE AS THROUGH STREETS, AT WHICH VEHICLES ARE REQUIRED 'ro S'roP AT ONE OR MORE INTERSECTIONS THERETO, AND. AUTHORIZING AND DIRECTING THE TRAFFIC ENGINEER r:ro ERECT AND MAINTAIN STOP SIGNS AT SUCH INTERSECTIONS. . n 1._; Accept Easement from H.L. Hagemann re Roadway to Sewage Treatment Plant Site The following resolution was read and introduced by Council- man McClaskey, seconded by Councilman Medeiros, and by the following called vote was passed: AyeS--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution ~11-~9 RESOLUTION' ACCEPTING RAN OF EASEMENT FROM HERBERT L.. AND EDNA R. HAGEMANN ~ I I i-.J . - Discussion on Design & Location for Sanitary Sewer Line re Tracts 1942 & 1963 Director of Public Works D. M. Bissell presented a map pre- pared-by Sunset Development Co. showing the proposed development pattern for the portion of the 500 acre Wagoner ranch lying adjacent to Pleasanton-Livermore Road and the proposed sewer alignment for the sanitary sewer trunk line to serve Tracts 1942 and 1963. He 'also explained the problem involved regarding the sanitary sewer line for these two tracts; this sewer line is to connect to the south trunk sewer at the Pleasanton-Livermore Road. The question to be determined is the area which should be served, and the responsibility of the subdivider in the installation of :1 said line. I.J Mr. Bissell has recommended that the subdivider should be responsible for the installation of a line of sufficient size and depth to serve at least the 500 acres under option by the sub- If', rd '1 (l 10"'9 ".. M:~ .i t) !~:>:~, 345 divider which would necessitat~ a larger size sewer line to be installed at a greater depth than proposed by the subdivider, and which would sewer the 57 acres at the southwest corner of the Wagoner property. The City would be responsible for the additional size necessary to serve additional areas to the south and east. The Council than discussed the matter as to a policy equitable to everyone, the line should be in the best location to serve the greatest area. There are two policies by which the excess size can be financed, by contribution of City monies to the excess size of the trunk line and by reimbursement to the developer from a benefit district. It was suggested that these two policies be computed in terms of cost and design, the area which might be served, and the cost to the city contributed because of the difference in size of the line. The matter was postponed to the meeting of February 2, 1959. Accept Deed for Parcel of Property Abutting East Avenue School The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--noIe; Absent--none. Resolution ~12-59 RESOLUTION ACCEPTING D ED MADE BY LIVERMORE SCHOOL DISTRICT OF ALAMEDA COUNTY, STATE OF CALIFORNIA ." Adopt Ordinance Approving Annexation of Industrial Annexation No. 1 On motion of Councilman Patterson, seconded by Councilman Medeiros, and tpe unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman Patterson, seconded by Councilman Medeiros, and by the following vote, the ordinance approving the annexation entitled Industrial Annexation No. 1 was passed and adopted: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. i>46 JAN 1 ~ 1::F59 ~ Q >C:' >, = ORDINANCE NO. 401 AN ORDINANCE APPROVING ANNEXATION ENTITLED INDUSTRIAL ANNEXATION NO. 1 Adopt Ordinance Approving Annexation of Mocho Annex No. 2 n On motion of Councilman Shirley, seconded by Councilman Patterson, and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman Shirley, seconded by Councilman Patterson, and by the following called vote, the ordinance approving the annexation entitled Mocho Annex No. 2 was passed and adopted: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. ORDINANCE NO. 402 AN ORDINANCE APPROVING ENNEXATION ENTITLED ~ : MOCHO ANNEX NO.2". :'., Adopt Ordinance Establishing Fees for the Disposal of waste Material at City Disposal Site On motion of Councilman Patterson, seconded by Councilman II I I Shirley, and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman Patterson, seconded by Councilman Shirley, and by the following called vote, the ordinance establish- ing fees for the disposal of waste material at the city disposal site was passed and adopted: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. ORDINANCE NO. 403 AN ORDINANCE OF THE CITY OF LIVERMORE FIXING AND ESTABLISHING ,RATES ,AND REGULATIONS FQRTHE PRIVILEGE OF THE USE OF THE REFUSE DISPOSAL S~TE OF, THE CITY ,OF LlVERMORE_ Discussion on Proposed Amendment to Ord. #348 (Review of Conditional Use Permits) The Council again discussed the proposed amendment to. the recently enacted review procedure on conditional use permits. It was decided to hold the matter over to the next meeting of the Council in order to discuss the matter further with the Planning r Commission. f f1~' -I n . ....., ...., )- \ ! 'J . ~ I.' ',.1 347 JAN 2 r; "n""~ ,I., . Payroll and Claims Seventy-four payroll claims and sixty-eight claims amounting to a total of $159,043.11 were audited by the City Manager and on r- I motion of Councilman Patterson, seconde~ by Councilman McClaskey, and by the following called vote, were approved as presented: Ayes-- Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Recess On_motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the meeting recessed at 11:30 P. M. to meet Monday evening, January 26, 1959 at 8 o'clock P. M. J\PPROVED:~k/;M_ yor - ATTEST: ~. er Livermore, California rES 2 19SQ . **lfi *lfi *lfi *lfi *lfi *lfi *lfi *lfi *lfi *lfi *lfi *lfi *lfi *lfi ** .. - - - - - - - - - ~ Adjourned Regular Meeting, January 26, 1959 An adjourned regular meeting of the City Council was held on Monday evening,: January 26, 1959, in the Library of the Livermore Union High School. ~e ~eeting was called to order at 8:02 P. M. Roll Call: Present--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Absent--none. Open Gasoline Bids At this time, as outlined in the call for bids, proposals for furnishing the City's supply of regular and ethy.l gasoline for the year commencing February 1, 1959 were opened and read. Bids were received from the following firms: The Texas Company General Petroleum Corporation Shell Oil Company Richfield Oil Corporation Union Oil Company of California Standard Oil Company of California Tidewater Oil Company 348 JAN 2 G 1959 On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, the above bids were referred to the City Manager for analysis and report, the award to be made February 2, 1959. Amend Garbage Contract The following resolution was read and introduced by Council- man Patterson, seconded by Councilman McClaskey, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution ~13-59 RESOLUTION APPROVING IVIm InCA-TION OF GARBAGE COLLECTION CONTRACT At this time the Chairman declared a 20 minute recess. Accept Deed from H. L. Hagemann for 20 acres - Sewage Treatment Plant Site The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Patterson, and by the followtng called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #14-59 RESOLUTION ACCEPTING DEED MADE BY H. L. HAGEMANN AND EDNA R. .HAGEMANN Adjourn On motion of Councilman Patterson, seconded by Councilman McClaskey, the meeting adjourned at 8:40 P. M. APPROVED: ,rMJ;j.~re-A~ST~~ Livermore, California rcs 2 1959 . **$*$*$*$*$*$*$*$*$*$*$*$*$*$*$*$*$** ,.... o >c: > = p !I I I , I ~-' o F[8 2 1959 349 Regular Meeting, February 2; 1959 A regular meeting of the City Council was held.on Monday evening, February 2, 1959 in the Library of the Livermore Union High School. The meeting was called to order at 8:00 P. M. Roll Call: Present--Councilmen McClaskey, Medeiros, Shirley and Mayor Pro-tempore Patterson; Absent--Mayor Nordahl. Minutes (2) On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, the minutes o~ the adjourned regular meetings of January 19 and 26, 1959 were approved as mailed. Reports On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the Justice Court report for the month of December, 1958 was acknowledged and ordered filed. Approve 2nd Half of Chamber of Commerce Budget Appropriation in the ,Amount of $2,500. A communication dated January 23, 1959 was received from Livermore Chamber of Commerce submitting a financial statement of funds covering advertising of the City of Livermore for the period from July 1, 1958 to December 31, 1958. Mayor Pro-tempore Patterson commented there should be closer liaison between the Chamber and the Council to keep the Council better informed of activities as they go along, the Council should be better informed on what the Chamber plans to do and how they plan to carry it out. On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the. report of the Chamber of Commerce was approved and the second half of the budget appropriation in the amount of $2,500 was authorized. Report of Planning Commission Rezoning Application - I. Schuman A report dated January 28, 1959 was received from the Planning Commission recommending the application for rezoning submitted by I. ;;50 , - c 2 I'JS::; f L_G " ~ Q >ce >- = Schuman to zone from R-l to C-l the southeast corner of W. 4th Street and So. K Street. (lots 5 & 6, Block 36, Map of the Town of Livermore) to accommodate a professional office building. 00 motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, the recommendation D of the Planning Commission was accepted and a public hearing was set for February 16, 1959. Report of Planning Commission Use Permit & Variance Applications - Leo W. Blow A report dated January 28, 1959 was received from the Planning Commission regarding the use permit application submitted by Leo Blow for a retail building material business located at 1210 Railroad Avenue and an application for variance from the fence regulations. This matter was discussed in a joint study session with the Planning Commission on January 26th. The Planning Commission contended that a waiver of the fence regulations may only be granted by means of a variance. Mr. Parness stated that the im- ill L provement standards contained within the proposed zoning ordinance are not legally effective at this time and may only be imposed at the discretion of the Planning Commission and City Council if said' bodies feel they are reasonable standards. It is doubtful that tre requirement for fencing around the subject property as stated in the proposed zoning ordinance need be imposed, consequently the need for variance from this requirement is unnecessary. Mr. Parness stated that since the proposed zoning ordinance is not in effect, the Planning Commission plans to adopt the pro- posed zoning ordinance in resolution form so they may be guided by it by reference. On motion of Councilman Shirley, seconded by Councilman Medeiros and the unanimous vote of the Council, the use permit was granted subject to the recommendations of the Planning Commission with the exception that the fence be omitted on the east and south n "- property lines. F- ,..,~ 2 . i;.,O 1q;~J !, " 351 Refund Variance Fee On motion of Councilman Medeiros, seconded by C9uncilman Shirley, the Council voted unanimously to return the variance fee to Leo W. Blow. Report of Planning Commission Pacific Planning & Research Contractual Services A report dated January 28, 1959 was received from the Plan- ning Commission recommending to the Council the release of Pacific Planning and Research upon satisfactorily completing their contract of July 30, 1956 with the City of Livermore. On motion of Councilman Shirley, seconded by Councilman McClaskey, the Council voted unanimously to certify as to the completion of the planning services offered by Pacific Planning and Research in accordance with the terms of the agreement dated July 30, 1956. Deny Request for Dog Pound Services Mr. Parriess reported that in October, 1957 a request was received from the City of Pleasanton asking that our city give consideration to extending our dog pound services to their community on a cost plus basis. While investigating this matter, Pleasanton asked that their request be postponed for internal reasons. A subsequent request was received in December, 1958 again asking that animal control services be provided for 2 man days per month. This matter was thoroughly investigated by the Police Chief and Poundmaster who have recommended a denial of the request solely based upon the present and expanding work load of this department in service to our City. On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, the request of the City of Pleasanton for dog pound services was denied. Purchase Additional Copies of Storm Drainage Report It was reported that all copies of the ~ivermore Storm Drainage Report prepared by John A. Mancini have been distributed. 45 additional copies are in the possession of Mr. Mancini and will 352 FEB 2 1S\59 ~ Q :0< >- = be made available to the City for $5.00 each. These in turn can be sold for $10.00 each as has been the case with the original supply. On motion of Councilman McClaskey, seconded by Councilman Shirley, and the unanimous vote of the Council, the eouncil authorized the purchase of 45 copies of this report at an expenditure of $225. Interpretation of Section 2-C, Ord. #382 n The Council discussed the interpretation of Section 2-C, Ordinance No. 382 regarding connection fees for the utilization of our sanitary sewer system. After a lengthY. discussion, it was decided to discuss the matter further at the study session next Monday evening. Appointments to Housing Authority, Park Commission The Council referred discussion on the appointments to the Housing Authority and Park Commission to a personnel session next Monday evening. Award Gasoline Bid to Tidewater Oil Co. ~ The following resolution was read and introduced by Councilman Ii I Medeiros, seconded by Counci~an Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Shirley and Mayor Pro-tempore Patterson; Noes--none; Absent--Mayor Nordahl. Resolution ~15-59 RESOLUTION AWARDING C NTRACT FOR FURNISHING AND DELIVERING OF GASOLINE Proposed Contract with Jensen Development Corp. and Lincoln Lumber Co. for Storm Drainage Facilities The City Manager and City Attorney reported the contract with Jensen Development Corp. and Lincoln Lumber Co. for storm drainage facilities is still being negotiated. This matter was postponed to February 16, 1959. Accept Agreement & Bonds Tract 1977 - Lincoln Lumber Co. The following resolution was read and introduced by Council- ,---" I I man Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Shirley and Mayor Pro-tempore Patterson; Noes--none; Absent-- Mayor Nordahl. Resolution~16-59 RESOLUTION ACCEPT . G AGREEMENT AND BONDS FOR IMPROVEMENT TO TRACT 1977 r-'R 2 ..') ,~~-iI t L. 19c,9 i) a~) Approve Subdivision Map Tract 1977 - Lincoln Lumber Co. (Final Approval Subject to Execution of Agreement for Storm Drainage) The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Counci1men McClaskey, Medeiros, Shirley and ~ayor Pro-tempore Patterson; Noes--none; Absent--Mayor Nordahl. Resolution #17-59 RESOLUTION APPROVING MAP OF THE SUBDIVISION OF TRACT 1977 Accept Grant of Easement from Livermore Sanitarium (Temp cul-de-sac at E extension of Angelica Way, Tct 1910) The following resolution was read and introduced by Council- man McClaskey, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Shirley and Mayor Pro-tempore Patterson; Noes--none; Absent-- :t>1ayor Nordahl. Resolution ~8-59 ACCEPT GRANT OF EASEMENT OM LIVERMORE SANITARIUM (Temp..cul-de-sac at E extension of Angelica Way, Tct 1910) Accept Deed from Sanland, Inc. - l' Stub End of Burgundy Way, Tct. 1910 The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman McClaskey, and by the following called vote was 'passed: Ayes--Councilmen McClaSkey, Medeiros, Shirley and Mayor Pro-tempore Patterson; Noes--none; Absent--Mayor Nordahl. Resolution #19-59 ACCEPT GRANT DEED FROM SANLAND, INCORPORA TED (Stub End of Burgundy Way, Tract 1910) . Communications A communication from the City of Pleasanton with a petition to the State Public Works Board regarding the State college site for Southern Alameda County and requesting all Council members to sign said petition. A copy of the minutes of the Housing Authority for December 16, 1958. 354 FEE::', 19S9 ~ o :><: > = Payroll and Claims Sixty-one payroll claims and twenty-six claims amounting to a total of $13,269.43 were audited by the City Manager and on motion of Councilman Shirley, seconded by Councilman McClaskey, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Shirley and Mayor Pro-tempore Patterson; NoeS-BOne; Absent--Mayor Nordahl. !l L~ Complaints on Garbage Fees Mayor Pro-tempore Patterson stated there has been many complaints about exorbitant prices the merchants are charged for garbage pickup. Mr. Patterson commented that the proposal submitted by the present garbage contractor presented the best equity to all parties concerned. Mr. Figone of the Livermore Disposal Service was present at the meeting stating that he has had seven complaints and has contacted each person. Mr. Figone has agreed to cut-the-bill in half and have the merchant keep track of the amount picked up each month. This arrangement was agreeable to all but two parties. Mayor Pro-tempore Patterson commented in no case does it seem they are charging anyone more than they should. The merchant should compact his garbage to reduce his bill. Mr. Figone seems to be complying with the regulations of the ordinance. I ~ I Recess On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the meeting recessed at 9:55 P. M. to meet Monday evening, February 16, 1959 at 8 o'clock P. M. APPROVED'i ~ 0.t{ ~ A'ITEST'~~ Mayor y er I i I i -.J Livermore, California FEB 1 6 1959 . I FE8 , 6 ~~~g ..-......- ." J.- i) D (.) Adjourned Regular Meeting, February 16, 1959 An adjourned regular meeting of the City Council was held on Monday evening, February 16, 1959 in the Library of the Livermore Union High School. The meeting was called to order at 8:04 P. M. Roll Call: Present--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Absent--none. Minutes On motiQn of Councilman'Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the minutes of the regular meeting of February 2, 1959 were approved as mailed. Public Hearing - Rezoning Application I. Schuman - Professional Office Building Notice having been publiShed for a public hearing on the application for rezoning submitted by I. Schuman to zone from Zone R-l to Zone C-l the ~outheast corner of W. 4th and So. K Streets to accommodate a p~ofessional office building, the hearing is now open. The City Clerk reported no written protests were filed and upon invitation by the Mayor for protestants to speak, it was determined that there were no oral protests. On motion of Councilman Medeirqs, seconded by Councilman Patterson, and the unanimous vote of the Council, the public hearing was closed. The City Attorney was instructed to prepare the proper ordinance rezoning this prop'erty. Reports On motion of Councilman Patterson, seconded by Cou~cilman Shirley, and the unanimous vote of the Council, the report of the Police, Pound and Fire Departments for the month of January 1959 ani the annual report of the Fire Department for the y~ar 1958 were accepted and ordered filed. Resume of Planning Commission Meeting A report was received from the Planning Commission containing a resume of the Planning Commission's meeting of February 10, 1959 for the Council's review. No action was taken. 356 FES 1 6 1959 ~ ~ ;;;:.r, = Report on Use Permit Application Submitted by Rose Nowling to Co. Planning Commission Mr. Parness reported regarding the application for a use permit submitted by Rose Nowling to the County Planning Commission. Mrs. Nowling has appealed the denial of the County Planning Com- mission on her application to locate a junk yard at the westerly end of Palm Avenue to the Board of Supervisors. A public hearing will be held by the County at 2:30 P. M. on February 24, 1959. I i I I LJ Mr. Parness recommended that a motion be adopted formally stating the Council's view on this matter for transmission to the Board of Supervisors at their hearing. The matter was discussed by the Council as to who has jurisdiction over this area, the City or the County; it was determined that this property is not in the City as yet and is therefore under the jurisdiction of the County. Action on the -matter was postponed to Thursday, February 19, 1959. Report from City Attorney Re Use Permits A copy of a report to the Planning Commission from the City Attorney submitting a written legal opinion as to the effect and application of Ordinances Nos. 191, 348, 390 and 391 and the pro- I ~ ! I ,--.-J posed zoning ordinance concerning use permits. This opinion is submitted to the Council for their information, a copy of which is on file in the office of the City Glerk. Solicit Proposals for Private Audit Mr. Parness reported that informal proposals should now be solicited for an independent audit of our City's financial status for the 1958-59 fiscal year. New specifications have been drafted for this purpose. On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the City Manager was instructed to solicit informal proposals for this service and submit the recommended firm for Council acceptance. n ~ FEB 1 6 ~C' ~l' , J 357 Report Re Citizens Advisory Parking Committee Chamber of Commerce President Earl Odell reported to the Council regarding the formation of the Citizens Advisory Parking Committee. Eight members, consisting of merchants and property owners, have been chosen to serve on this committee: John Regan Gene Koenig Dan Dutro Sig Henne R. A. Centoni Dale O. Cook Anthony Scott J. M. Baughman They will work togeth~r to determine what is needed in off-street parking for our central business district and recommend to the City Council. Mr. Odell commented if the Council wishes to present names to be added to this committee, it would be appreciated. Mr. Parness stated the staff stands ready to serve with this committee and assist in any way. Zoning Classification for Industrial Annex A term of the contract negot~ated with Southern Pacific Co. and Standard Realty and Development Co. requires that the City initiate rezoning proceedings for the industrial annex immediately upon completion of annexation. The contract requires that this area Fe zoned for heavy industry (M-3). On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the Planning Commission wi~l be requested to initiate rezoning of this area for h~avy industry (M-3) zone classification. Applications for Exempt Solicitors Permits Granted Applications for solicitors exempt license to solicit in the City 9f Livermore as outlined in Ordinance No. 373 were submitted by: Livermore Aerie No. 609, Fraternal Order of Eagles to conduct their annual Spring Carnival American Cancer Society to solicit funds for research, education and service on cancer. On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the Council approved the applications and authorized the issuance of exempt fre licenses. . u~ i)t)o FEB 1 6 1959 ,... Q ~ > '=' Approve Surety Bonds Submitted by Livermore Disposal Service The following resolution was read and introduced by Council- man Shirley~ seconded by Councilman Medeiros~ and by the following called vote was passed: Ayes--Councilmen McClaskey~ Medeiros~ Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution ~20-59 RESOLUTION APPROVING URETY BOND FOR FAITHFUL PERFORMANCE OF CONTRACT (LivermoreD!sposal Service) ---, I I . I I I '---'" . . . Accept Collateral in Lieu of Bond (DePaoli Equipment Co.) The following resolution was read and introduced by Council- man Patterson, seconded by Councilman Shirley~ and by the following called.vote was passed: Ayes--Councilmen McClaskey~ Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution ~21-59 RESOLUTION ACCEPT NG COLLATERAL IN LIEU OF BOND ('Depaoli Equipment Co.) Accept Agreement for storm Drain Facilities & Creation of Benefit Dist.-Jensen Dev. Co. & Lincoln Lumber Co. The following resolution was read and introduced by Council- man Patterson~ seconded by Councilman Medeiros~ and by the following called vote was passed: Ayes--Councilmen McC1askey~ Medeiros~ I ! I 1. ''---..i Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution ~-59 RESOLUTION ACCEPTING AG MENTBDR CONSTRUCTION OF S'IDRM DRAIN FACILITIES & CREATION OF A BENEFIT DISTRICm Accept Subdivision Agreement & Bonds Tract 1983 - Jensen Development Corp. The following resolution was read and introduced by Council- man Medeiros~ seconded by Councilman McClaskey~ and by the following called vote was passed: Ayes--Councilmen McClaskey~ Medeiros~ Patterson~ Shirley and. Mayor Nordahl; Noes--none; Absent--none. Resolution ~3-59 RESOLUTION ACEEPTING REEMENT. AND BONDS FOR IMPRQVEMENTS 'ID TRACT 1983 Approve Subdivision Map Tract 1983 - Jensen Development Corp. ,,...-., I 1 The following resolution was read and introduced by Council- man Medeiros~ seconded by Councilman McC1askey~ and by the following called vote was passed: Ayes--Councilmen McC1askey~ Medeiros, Patterson~ Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #24-59 RESOLUTION APPROVING THE MAP OF THE SUBDIVISION OF TRACT 1983 C) e'"' () f'EB 1 61r;~1'j i),;};;-' Proposed Agreement with Sunset Development Co. Re Sanitary Sewer System At a study session of the City Council on February 9, 1959 informal approval was extended by the City Council to the proposal of the Sunset Development Co. for a sanitary sewer system to serve Tracts No. 1942 and 1993 in addition to the balance of the proposed Granada Village improvement which consists of atota1 of 442 acres. This contract requires the subdivider to install a sewer line of greater capacity than would be required to serve the two sub- divisions in question, together with additional capacity to serve developable land throughout the same sector of this tract. The first portion of the excess capacity in this system shall be financed by the subdivider with reimbursement provided based upon a benefit district formation from the remaining 442 acres over a 15 year term until the excess costs have been returned to the 1 developer. The additionU capacity required by the City shall be financed by the City since this line is one of those designed as a major trunk facility on our master sewer plan. Since the City contribution to this project will exceed the $200 maximum limit for public works projects, which will necessitate formal sealed proposals, it is suggested that the City not contribute any dollar contribution to this improvement but rather extend an equal amount of credit to the developer in annexation fees. This will permit construction bids to be solicited by the developer at an early date which will prove expedient and economical to both parties. At lease three bids will be received, which will be subject to review and approval of the City before award. The City Attorney has concurred in the legality of this provision. City Attorney Callaghan reported that the present ordinance limits the time for recovery under the benefit district to be 10 ye~rs instead of 15. The contract will be ready for execution at the next meeting also the City Attorney will prepare an amendment to Ordinance No. 308, setting the time limit for recovery at 15 year~. i)tiO FEB 1 6 1959 ..... o >c: > = Mr. Masud Mehran, developer of the tract, requested that the intentions of the Council be formally expressed so that they may continue with their work. On motion of Councilman Patterson, seconded by Councilman c--., I 'I , I Shirley, and the unanimous vote of the Council, the Council agreed, after discussion at a study session, that a policy decision re- garding sanitary sewer installation be as follows: Mr. Mehran of Sunset Development Co. be required to pay for complete installation of 8" sanitary sewer lines for approximately 5000' to serve Tracts 1942'and 1963. However, for 2500' the additional 12" size required to serve 442 of the 500 acres in question would be allocated to a benefit district consisting of 442 acres and excepting Tracts 1942 and 1963. The City will pay for a further increase in size consisting of 21" line over 2500' and a 15" line over the remaining 2500'. The maximum size line will be financed by Mr. Mehran and upon further motion by Councilman Shirley, seconded by Councilman McClaskey, and the unanimous vote of the Council, it was decided that the City's contribution to this project be financed by extending an equal amount of credit to the developer in annexation ..--, I ! I I ,- fees. Appointments to Housing Authority & Park Commission Appointments to the Housing Authority and Park Commission were postponed to the meeting of February 19, 1959. Report from Chamber Aviation Committee A communication dated February 5, 1959 was received from the Livermore Chamber of Commerce submitting to the Council a copy of the report of the Livermore Chamber of Commerce Aviation Committee, a copy of which is on file in the City Clerk's office. Members of ~ , i I 1 the committee were present to answer any questions of the Council. After some discussion between the Council and members of the Aviation Committee, the Council stated they will take the report under advisement. c~, 9. ()~ 1._ FES 1 6 1S59 ut_ Proposed Ordinance Amending Ordinance #348 Use Permit Review An interim emergency ordinance amending Ordinance No. 348, use permit review, was read and introduced for adoption by Council- man Patters:n and seconded by Councilman Shirley. The motion received the following vote: Ayes--Councilmen Patterson, Shirley and Mayor Nordahl; Noes--Councilmen McClaskey and Medeiros; Absent-- none. This motion to adopt the ordinance by emergency measure failed as it would require a 4/5 vote of the Council. On motion of Councilman Patterson, seconded by Councilman Shirley, and by the following called vote, the ordinance was ordered filed: Ayes--Councilmen Patterson, Shirley and Mayor Nordahl; Noes-- Councilmen McClaskey and Medeiros; Absent--none. Proposed Ordinance Zoning All Areas Annexed to City to Zone R-l A proposed ordinance zoning all areas annexed to the City to Zone R-l until such time as hearings are held and other zone classi- fications are assigned to said areas was given a first reading and on motion of Councilman Shirley, seconded by Councilman Patterson, and by the following called vote was ordered filed: Ayes--Council- men McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Proposed Ordinance Amending Ordinance No. 382 Sewer Connection Fees A proposed ordinance amending Ordinance No. 382 by amending Subdivisions b and c of Section 2 thereof was given a first reading and on motion of Councilman Patterson, seconded by Councilman Shirley, and by the following called vote was ordered filed: Aye~- Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Entrance Sign~ No. L St. & Liv. Blvd. A communication dated February 9, 1959 was received from Bert Maze, Livermore Chamber of Commerce, regarding the sign at the intersection of No. L and Livermore Blvd. On motion of Councilman Shirley, seconded by Councilman H62 FEB 1 6 1959 ~ Q >r: > = Patterson, and the unanimous vote of the Council, the City Manager was instructed to see that the sign is torn down with as little expense to the City as possible. Resignation from Library Board - Colgate A communication dated February 1, 1959 was received from Mr~. Rosemary Colgate submitting her resignation from the Library Board; and also a communication from Dr. Gerald Johnson regarding said resignation. Award Presented to Police Department A communication dated January 28, 1959 was received from the National Police Officers AssQciation of America containing notification that the Livermore Police Department has been awarded G I I I . . I the Walker Safety Award. payroll and Claims Seventy-seven,payroll claims and thirty-nine claims amount- ing to a total of $22,526.65 were audited by the City Manager and and by the following called vote, were approved as presented: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and ,....-, I i , I I . on motion of Councilman Patterson, seconded by Councilman Medeiros, Mayor Nordahl; Noes--none; Absent--none. Matters Initiated by Councilmen CouncilmanMcClaskey reported on his tour around the city with Chief Michelis, and recommended that for the safety and welfare of the people, it be suggested to the High School that their parking lot be better lighted. Request County Board of Supervisors to Annex to the City Noncontiguous Real Property (Sewage Treatment Plant Site) The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. I l . I FES 1 6 lS59 363 Resolution ~5-59 RESOLUTION PETITIONING THE ARD OF SUPERVISORS OF THE COUNTY OF ALAMEDA TO CAUSE NONCONTIGUOUS REAL PROPERTY O\tJNED BY THE CITY OF LIVERMORE AND LOCATED IN THE COUNTY. OF ALAMEDA TO BE ANNEXED TO THE CITY OF LIVERMORE PURSUANT TO THE PROVISIONS OF SECTION 35201.5 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA Attend City Manager's Conference The Council authorized the City Manager's attendance at the City Manager's Annual Conference to be held in San Mateo February 19 and 20-, 1959. Recess On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the meeting recessed at 10:25 P. M. to meet Thursda~ evening, February 19-, 1959 at 8 o'clock P. M. at the City Hall, 106 E. First Street. APPROVED:.~~ D71~AT'J'EST~~ ayor y erk Livermore, California Mfl.R 2 1959 . **~*~*~*~*~*~*~~*~*~*~*~*~*~*~** 864 FEB 1 :; 1959 ~ Q >e > == Adjourned Regular Meeting, February 19, 1959 An adjourned regular meeting of the City Council was held on Thursday evening, February 19, 1959 at the City Hall, 106 E. First Street. The meeting was called to order at 8:00 P. M. Roll Call: Present-Councilmen McClaskey, Medeiros, Patterson and Mayor Nordahl; A~sent--Councilman Shirley. Appointment to Library Board (DeWhurst)1 The following resolution was read and introduced by Council- man Patterson, seconded by Councilman McClaskey, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson and Mayor Nordahl; Noes--none; Absent--Councilman Shirley. Resolution ~6-59 RESOLUTION APPOINTING IBRARY BOARD MEMBER - ROBERT E. DEWHURST : i i I , 1 Re-appointment to Library Board (Johnson) The following resolution was read and introduced by Council- man McClaskey, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson and Mayor Nordahl; Noes--none; Absent--Councilman Shirley. . Resolution ~7-59 RESOLUTION RE-APPOINT NG LIBRARY BOARD MEMBER - GERALD JOHNSON Emergency Ordinance Re Amendment to Ord. #382 Relating t~ Refund of Monies An ordinance amending Ordinance No. 382 relating to refund of monies was read and on motion of Councilman Shirley, seconded by Councilman Medeiros, and by the following called vote was passed and Adopted: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. ORDINANCE NO. 404 AN URGENCY ORDINANCE AMENDING ORDINANCE NO. 382 ENTITLED, "AN ORDINANCE .OF THE CITY .OF LIVERMORE ESTABLISHING CONNECTION CHARGES FOR THE PRIVILEGE OF CONNECTING TO THE SANITARY SEWER SYSTEM OF THE CITY OF LIVERMORE; PROVIDING FOR CONTR,ACTS BETWEEN THE CITY AND PROPERTY DEVELOPERS IN RELATION TO SANITARY SEWERS AND REPEALING ORDINANCE NOS. 236 AND 332 OF THE CITY OF LIVERMORE", BY.AMENDING SECTION 9 THEREOF AND REPEALING SECTION.ll THEREOF I I I \..---1 Councilman Shirley was seated during the reading of the above ordinance. r:-r:8 1 S 1C1~9 ~ ~!) Proposed Ordinance Amending Ordinance #191 I. Schuman - Professional Office Bldg. A proposed ordinance amending Ordinance No. 191 was given a first reading and on motion of Councilman McClaskey, seconded by Councilman Patterson, and by the following called vote was ordered filed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Appointment to Housing Authority (Owren) The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #28-59 RESOLUTION APPOINT~G HOUSING AUTHORITY MEMBER - HARVEY M. OWREN A motion by Councilman Patterson to re-appoint Robert Becker to the Housing Authority did not receive a second and therefore the motion died. It was decided to postpone this appointment until the meeting of March 2, 1959. Application for Zoning-Use Permit to County Planning Commission (Nowling) At this time the Council discussed the application for a zoning-use permit to operate a junk yard at the end of Palm Avenue, in the County of Alameda, which application has been denied by the County Planning Commission and is now set for appeal to the Board of Supervisors and will be heard by the board on February 24, 1959. The Council read a report from the planning staff of the Problems as Related to the Livermore area, Junk Yards and Auto Wrecking Yards and also discussed with Mrs. Nowling her plans for the site, including the building proposed to be built, the setback lines, parking and fencing. Also mentioned was a report to be submitted to the County Planning Commission on open land uses and the City Council felt that they would prefer to study this report before making any recommendation or request to the Board of Super- visors. On motion of Councilman Medeiros, seconded by Councilman Shirley, the Council voted unanimously to wait for said report and formulate a policy after reading and studying the above report. 366 FEB 1 9 1959 ~ Q >< 0::- = Further on motion of Councilman Shirley, seconded by Council- man Medeiros, the Council voted unanimously to request the Board of Supervisors to postpone its hearing on Mrs. Nowling's application for two weeks, and also suggest that the applicant, through her attorney, also request a postponement of two weeks. I I I___""i Request to Study Recreation District Councilman Patterson reported on a meeting with rural interests in the area on a method of making an eventual City Recreation program closer to a reality. On motion of Councilman Patterson, s~conded Qr Councilman Shirley, the Council voted unanimously to study this matter at the earliest study session possible. Adjourn On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the meeting adjourned at 10:00 P. M. APPROVED: [)~ Mayor ATTEST: ~J ~ MAR 2 1959 . Livermore, California **$*$*$*$*$*$*$*$*$*$*$*$*$** MAR 2 1959 367 Regular Meeting, March 2, 1959 A regular meeting of the City Council was held on Monday evening, March 2, 1959 in the Library of the Livermore Union High School. The meeting was called to order at 8:03 P. M. Roll Call:. P~esent--Councilmen McClaskey, Medeiros, PattErson, Shirley and Mayor Nordahl; Absent--none. l\Unutes (2) On motion of Councilman Patterson, seconded by Councilman Shirley, and the unanimous vote of the Council, the minutes of the adjourned regular meetings of February 16 and 19, 1959 were approved as mailed. Bids for Construction of Industrial Sewer This being the time and place as set for opening of bids for the construction of an industrial sewer for the City of Livermore, on motion of Councilman McClaskey, seconded by Councilman Medeiros, and the unanimous vote of the Council, the acceptance of bids was closed. Bids were received from the following firms: 1. Stockton Construction Co., Inc. 2. McGuire & Hester 3. Vincent Rodrigues 4. R. Goold & Son 5. San Le andro Pipe Line Inc. 6. John H. McCosker, Inc. 7. Valley Engineers, Inc. 8. A. J. Peters & Son, Inc. 9. P & E Construction Co. 10. Galbraith Construction Co. 11. Peerless Concrete Pipe Co. 12. Granite Construction Co. 13. Krzich & Ramos On.motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, the bids were submitted to the Director of Public Wor~s for analysis and review. Report of Planning Commission Re Fence Regulations A communication dated February 24, 1959 was received from the Planning Commission with a request regarding fence regulations for City Council study on the proposed zoning ordinance. On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vot~ of the Council, this communication was referred to a study session. D6~ MAR 2 1959 .... o >< > = Report of Planning, Commission Re Request Submitted to Co. Planning Commission Re Rezoning Application of Charles G. Nissen A report dated February 26, 1959 was received from the Planning Commission regarding a request submitted to the County Planning Commission regarding an application filed by C. G. Nissen to rezone property adjacent to the City's industrial annexation for heavy industry. The hearing to be held March 11, 1959. The Planning I Commission recommended to the Council that the zoning of said area is proper, but that, before receiving any permanent service from the City, annexation will be required. On motion of Councilman Patterson, seconded by Councilman Medeiros, the Council recommended that the application be approved. Report of Planning Commission Variance Application - A. Maniz A report dated February 26, 1959 was received from the Planning Commission recommending the granting of the application for variance from side yard regulations submitted by A. Maniz to construct a garage on property line on a lot on the East side of ~ I South L street near W. 7th street. I~ On motion of Councilman Shirley, seconded by Councilman McClaskey, and the unanimous vote of the Council, the variance was granted. Report of Planning Commission Variance Application - I. Schuman A report dated February.26, 1959 was received from the Planning Commission recommending the granting of the applieation for variance from the parking requirements submitted by I. Schuman for a proposed development to be constructed on Second Street between South L and South M Streets. The Commission recommended this variance for reasons as outlined in a statement by Commissioner r-I I ' Kuenning, a copyof which is on file in the office of the City Clerk. The City Manager recommended that this variance be granted subject to the eondition that the applicant participate in the establishment of an off-street parking assessment district if one is formed within a period of 5 years. If this does not occur, then i-.J M~R 2 1959 369 this stipulation shall be erased from the variance grant. The Council then discussed the matter at length and on motion of Councilman Medeiros, seconded by Councilman McClaskey, and by the following called vote, the recommendation of the Planning Commission was accepted and the variance granted: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes-- none; Absent--none. Report of Planning Commission Rezoning Application - E. K. ,Koht A report dated February 26, 1959 was received from the Planning Commission recommending the denial of the application for rezoning submitted by.E. K. Koht on property north of the Vila Gulf Mousing Authority propeDty and accessable by an extension of Rose Street, because of the lack of conformance to the General Plan. This matter was set for public hearing before the Council on March 16, 1959. Resume of Planning Commission Meeting A report was received from the Planning Commission containing a resume of the Planning Commission's action on use permit applicatl~ at their meeting of February 24, 1959. No action was taken. Authorize Issuance of Building Permit to Armco Drainage & Metal Products Inc. Mr. Parness reported that a use permit has been granted the Armco Drainage & Metal Products, Inc. for construction of an industrial plant in our newly annexed area. A technical defect involving the issuance of a building permit which ordinarily cannot be granted until the property is properly zoned has arisen. The rezoning is now under way and the hearings have been scheduled by the Pl~ning Commission. Since ~t is a contractual obligation on the part of the City to rezone this to industrial usage, it would impose an undue delay on the applicant to await completion of this procedure before issuance of a bUilding permit. On motion of Counc~lman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, the Building Department was instructed to issue a building permit to Armco 370 MAR 2 1959 ..... Q :>< > = Drainage &.Metal Products, Inc. Report of Planning Commission Tentative Map of Tract 2022 - Nojet Co. A communication dated February 26, 1959 was received from the Planning Commission recommending acceptance of the tentative map of Tract 2022 submitted by Nojet Co. lying north of Pacific and South o Livermore Avenues, south of East Avenue, and east of School st., in the City of Livermore, subject to the recommendations of the Director of Public Works. (A copy of which is on file in the office of the City Clerk.) The Council then discussed this tentative map and were concerned regarding the lot treatment along East Aven~e. The Planning Commission granted approval to this design subject to the installation of a 61 high.solid block masonry wall, with the interim distance between curb face and wall face to be surfaced with asphaltic concrete. Street trees would be located within this region. . The Council objected to this wall and felt that the houses should face East Avenue and it would be most desirable to have a n IJ service road with proper ingress and egress, although this would probably be unfair to the developer as no other subdivision in this area has been required to install such a service road. The Council also objected to the lot sizes in this proposed tract. On motion of Councilman Shirley, seconded by Councilman McClaskey, and by the following called vote, the Council rejected the tentative map and recommended that a conference be held to study the problem: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Report of Planning Commission - Deny Request to Reduce Lot Sizes in Tet. l82l-Intra Pacific Bldrs. A communication dated February 26, 1959 was received from the Planning Commission recommending denial of the request of Intra Pacific Builders to reduce the size of Lots 4, 5, 6, 7, 8, 9 and 10 in Tract 1821 to a width of fifty feet. Don Bissell, Director of Public Works, reported that a subdivision adjacent to Tract 1821 will be coming before the II .' "",. 'i' "~; . MAR 2 1959 C', '-"1 ,;~p i Planning Commission, which proposed tract has an average lot size of 5000 sq. ft. and ties in with this plan for reduced lot sizes. Mr. D. Carlson, of George Nolte, Civil Engineer's Office, presented a map revising the sizes of the lots to 60' frontage and explained their building program for the overall a~ea. He stated the developer is very anxious to go ahead with the building of model homes. The Council recommended that the developer apply for building permits on Lots 1 and 2 for their model homes and submit a Record of Survey on the balance of the lots together with the proposed tract to the rear. City Attorney Callaghan also suggested that a fire hydrant be installed and paving completed in Tract 1821 so that the improve- ments can be accepted. Designate Name of Old City Hall Building On motion ~f Councilm~n Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the old City Hall building was designated as the "Hall of Justice". Appeal Decision of Planning Commission Use Permit Application - Bal Electric Co. An application for a use permit to establish an appliance sales. and service store at the PX shopping center was submitted by Robert E. Eckert, Eal Electric Inc. to the Planning Commission on February 10, 1959, and upon denial of the application by the Planning Commission, the applicant has elected to submit the matter for Council review. Copies of the appeal and Planning Committee recom- mendations are on file in the City Clerk's office. The Council discussed the application and on motion of Councilman Shirley, seconded by Councilman Patterson, and by the follo~ing called vote, the use permit was granted: Ayes--Councilmen Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--Councilman McClaskey; Absent--none. 372 MAR 2 1959 Grant Applications for Exempt Solicitors License and Exempt Business License Appli~ation for exempt solicitors license and exempt business license as outlined in Ordinance No. 373 were submitted by: J United Cerebral Palsy Association of Alameda County to solicit funds. Valley Memorial Hospital Womans' Auxiliary to operate a thrift shop to raise funds for the work of the auxiliary in benefiting the hospital On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the Council approved the applications and authorized the issuance of exempt fee licenses. Appointment to Housing Authority (Burch) The following resolution was read and introduced by Councilmen Medeiros, seconded by Councilman McClaskey, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #29-59 RESOLUTION APPOINTING ~OUSING AUTHORITY MEMBER _ BERNARD O. BURCH, M.D. Convey Personal Property to Livermore Area Park & Recreation District The following resolution was read and introduced by Councilman Patterson, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #30r59 RESOLUTION AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY OF A CONVEYANCE OF PERSONAL PROPERTY TO LIVERMORE AREA PARK RECREATION AND PARKWAY DISTRICT OF ALAMEDA COUNTY, STATE OF CALIli'ORNIA Authorize Execution of Agreement with County of Alameda Preparation of Assessment Roll & Tax Bill~ The following resolution was read and introduced by Councilman Medeiros, seconded by Councilman McClaskey, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #31-59 A RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT Authorize Execution of Contract with Sunset nev. Co. Re Sanitary Sewer The following resolution was read and introduced by Councilman Shirley, seconded by Councilman Patterson, and by the following ~ Q ~ > = o n n MAR 2 1959 373 called vote was passed: Ayes~-Councilmen McClaskey, Medeiros, - I I I Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #32-59 RESOLUTION APPROVING CONTRACT WITH SUNSET DEVELOPMENT COMPANY, a corporation, RELATING TO THE CONSTRUCTION OF SANITARY SEWER TRUNK LINE FACILITIES AND BENEFIT DISTRICT Urge State to Adopt South Bay Aqueduct Project The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman McClaskey, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--nonej Absent--none. . Resolution ~-59 RESOLUTION CONFIkMING ACTIVE INTEREST OF THE CITY OF LIVERMORE IN THE SOUTH BAY AQUEDUCT PROJECT AND URGING ITS EXECUTION Adopt Ordinance No. 405 Amending Ord. #392 Re Use Permit Review On motion of Councilman Patterson, seconded by Councilman Shirley, and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman Patterson, seconded by Councilman Shirley, and by the following called vote, the ordinance amending Ordinance No. 392 regarding use permit review was passed and adopted: Ayes--Councilmen Patterson, Shirley, and Mayor Nordahl; Noes-- Councilmen McClaskey and Medeiros; Absent--none. ORDINANCE NO. 405 AN ORDINANCE AMENDING INTERIM EMERGENCY ORDINANCE NO. 392 OF THE CITY OF LIVERMORE, BY AMENDING SUBDIVISION b OF SECTION I THEREOF. Adopt Ordinance #406 Zoning All Areas Annexed to City to Zone R-l On motion of Councilman Patterson, seconded by Councilman Shirley, and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman Patterson, seconded by Councilman Shirley, and by the following called vote, the ordinance zoning all areas annexed to the City to Zone R-I was passed and adopted: Ayes-- Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--none; Absent--none. 3'14 MAR 2 1959 ORDINANCE NO. 406 AN ORDINANCE AMENDING ORDINANCE NO. 191 ENTITLED It AN ORDINANCE PROVIDING FOR THE CREATION WITHIN THE INCORPORATED AREA OF THE CITY OF LIVERMORE OF CERTAIN ZONES AND IN THE SEVERAL ZONES THEREBY CREATED DESCRIBING THE CLASSES OF BUILDING9, STRUCTURES AND IMPROVEMENTS; REGULATING, RESTRICTING AND SEGREGATING THE LOCATION OF DWELLINGS, APART- MENTS, TRADES, BUSINESSES, AND INDUSTRIES AND OTHER SPECIFIED USES; REGULATING AND LIMITING THE HEIGHT AND BULK OF BUILDINGS AND STRUCTURES AND THE AREA OF BUILDING SITES COVERED THEREBY AND PROVIDING FOR BUILDING AND USE PERMITS; DEFINING THE TERMS USED HEREIN; PROVIDING FOR THE .ENFORCE- MENT. AND AMENDMENT OF SAID ORDINANCE; PROVIDING PENALTIES PENALTIES FOR ITS VIOLATION, "BY . AMENDING PARAGRAPH ONE OF SECTION THREE.THEREOF AND BY ADDING A NEW SECTION THERETO TO BE KNOWN AS FARAGRAPH I-a OF SECTION THREE. Adopt Ordinance #407 Amending Ord. #382 Re Sewer Connection Fees On motion of Councilman McClaSkey,. seconded by Councilman Patterson, and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman Shirley, seconded by Councilman Medeiros, and by the following called'vote, the ordinance amending Ordinance No. 382 by amending Subdivisions band c of Section 2 thereof was passed and adopted: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. . ORDINANCE NO. 407 AN ORDINANCE AMENDING ORDINANCE NO. 382 ENTITLED" It AN ORDINANCE OF THE. CITY OF LIVERMORE ESTABLISHING CONNECTION CHARGES FOR THE PRIVILEGE OF CONNECTING TO THE SANITARY SEWER SYSTEM OF THE: CITY OF LIVERMORE; PROVIDING FOR CONTRACTS BETWEEN THE CITY AND PROPERTY DEVELOPERS IN RELATION TO SANITARY SE\-1ERS AND REPEALING ORDINANCE NOS. 236 AND 332 OF THE CITY OF LIVERMORE It " BY.AMENDING SUBDIVISIONS b AND c OF SECTION 2 THEREOF. Adopt Ordinance #408 Amending Ord. #191 I. Schuman - W. 4th & So. K Sts. On motion of Councilman Medeiros, seconded by Councilman Patterson, and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman Patterson, seconded by Councilman McClaskey, and by the following called vote, the ordinance amending Ordinance No. 191 was passed and adopted: Ayes--Counci1men McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent-- none. '-" o :>< > = n L-..J I ! II MAR 2 1959 375 ORDINANCE NO. 408 AN ORDINANCE AMENDING ORDINANCE NO. 191 ENTITLED -"AN ORDINANCE PROVIDING FOR THE CREATION ~HTHIN THE INCORPORATED AREA OF THE CITY OF LIVERMORE OF CERTAIN ZONES AND IN THE SEVERAL ZONES THEREBY CREATED DESCRIBING THE CLASSES OF BUILDINGS, STRUCTDRES AND IMPROVEMENTS;. REGULATING, RESTRICT- ING AND SEGREGATING THE LOCATION OF DWELLINGS, APARTMENTS, TRADES" BUSINESSES, AND INDUSTRIES AND OTHER SPECIFIED USES; REGULATING AND LIMITING TfiE HEIGHT AND BULK OF BUILDINGS AND STRUCTURES AND THE AREA OF BUILDING SITES COVERED THEREBY AND PROVIDING FOR BUILDING AND USE PERMITS; DEFINING THE TERMS USED HEREIN; PROVIDING FOR THE ENFORCEMENT AND AMENDMENT OF SAID ORDINANCE; PROVIDING PENALTIES FOR ITS VIOLATION, " BY AMENDING PARAGRAPH THREE OF SECTION THREE THEREOF._ Report on Citizens Advisory Parking Committee A communication dated February 20, 1959 was received from John F. Regan, Chairman of the Citizens Advisory Group regarding parking study with a report of activity and an invitation to all meetings. Minutes of Housing Authority Meeting From the Housing Authority, a copy of the minutes of their regular meeting of January 20, 1959. Notice from Board of Supervisors of Postponed Hearing on Application of Rose Nowling Junk Yard East of City Notice was received from the Board of Supervisors that the hearing has been postponed on the application of Rose Nowling to locate a junk yard in our City's eastern area until March 12, 1959 at 10 o'clock a.m. On TueSday, March 3, 1959, the County Planning Commission staff will file with our City their planning report concerning this entire area. This matter will be discussed at the study session of March 9, 1959. Notice of Hearing on City's Application for Annexation of Sewage Disposal Plant Site Notice was received that the Board of Supervisors have set March 24, 1959 as the date upon which they will hear the City's application for annexation of its disposal plant site. Payroll and Claims Sixty-one payroll claims and thirty claims amounting to a total of $95,018.23 were audited by the City Manager and on motion if1 ti MAR 2 1959 ...... Q >:: > = of Councilman Patterson, seconded by Councilman Medeiros, and by the following called vote, were approved as presented: Ayes-- Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noe-s--nonej Apsent--none.: Rec.ess n On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, the meeting recessed at 11:37 P. M. to meet Monday evening, March 16, 1959 at 8 o' clock P ..M. APPROVED: ~~~ Ot1~4RATTEST: ayor Livermore, California MAR 1 6 1959 . * *#*#*#*#*#*#*#*# *#*#*#*#*#*# * * n , I I i MAR 1 6 1959 377 Adjourned Regular Meeting, March 16, 1959 An adjourned regular meeting of the City Council was held on Monday evening, March 16, 1959, in the Library of the Livermore Union High School. The meeting was called to order at 8:02 P. M. Roll Call: Present--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayur N~rdahl; Absent--none. fJIinutes On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the minutes of the regular meeting of March 2, 1959 were approved as mailed. Public Hearing - Rezoning Application E. K. Koht - R-2 Classification Notice having been published for a public Qearing on the application for rezoning submitted bY,E. K. Koht to zone from R-l to R-2 that area of approximately 1.7 acres lying westerly of Rose Street and southerly of Pestana Way, the hearin~ is now open. The City Clerk reported no written protests were filed and upon invitation by the Mayor for protestants to speak, Mr. LeRoy Erickson,652 Rose Street and Wm. J. Spragge, 664 Rose Street spoke in protest to this application and stated that a petition is on file with the Planning Commission signed by residents in the area. Mr. Eldred Chance than spoke on behalf of the applicant. On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, the public hearing was closed. After some discussion by the Council on the possibility of this area being subdivided~ on motion of Councilman Shirley, seconded by Councilman McClaskey, and by the following called vote, the application for rezoning was denied: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; AbsenJ~-- none. Repol'ts On motion of Councilman Patterson, seconded by Councilman 81L:.rley, and the unanimous vote of the Council, the report of the Fire Department, Police Depar'tment and Poundmaster for the month of 3fj" ts MAR 1 6 1959 .... Q >< >- = February, 1959, and the Justice Court report for the months of January and February, 1959 were accepted and ordered filed. Resume of Planning Commission Meeting , A report was received from the Planning Commission containing a resume of the Planning Commission's action taken on use permit applications at their meeting of-March 10, 1959. No action was taken. ! I Report of Planning Commission Our Savior's Lutheran Church Use Permit Requirements A report dated March 11, 1959 was received from the Planning Commission regarding Our Savior's Lutheran Church use permit require- ments; as yet the parking area has not been improved. Also attached were letters from the church regarding this matter; they intend to comply within the near future. The Commission also requested that the Council establish a time length for compliance with use permit. requirements. On motion of Councilman Patterson, seconded by Councilman -, I I Shirley, and by the following called vote, the Planning Commission was to be instructed to place a time limit as a condition of a conditional use permit: Ayes--Councilmen McClaskey, Patterson, Shirley and Mayor Nordahl; Noes--Councilman Medeiros; Absent--none. Report of Planning Commission - Recommend Definition of Duplex be Included in Zoning Ord. A report dated March 11, 1959 was received from the Planning Commission recommending that the meaning of the term "duplex" be . . changed in the Proposed Zoning Ordinance to include two separate units on one lot, not necessarily joined. This matter was referred to a Council study session on the proposed zoning ordinance. Report of Planning Commission Rezonin~ Application - Albert H. Kessler A report dated March 11, 1959 was received from the Planning ,.---., I j l--i Commission recommending the application for rezoning submitted'by Albert H. Kessler to rezone property on the west side of Junction Avenue to accommodate the use of said property for a one-story garden court apartment house of 24 units. ~",p Ii !f.cq 379 On motion of Councilman Shirley, seconded by Councilman McClaskey, and the unanimous vote of the Council, the matter was set for public hearing on April 6, 1959. ! I Report of Planning Commission Tentative Map of Tract 2028 - Intra Pacific Bldrs, Inc. A communication dated March 11, 1959 was received from the Planning CommiSSion recommending acceptance of the tentative map of Tract 2028 submitted by Intra Pacific Builders, Inc. lying west of Rincon Avenue adjacent to the present sewage disposal plant, subject to the recommendations of the Director of Public ~10rks. Mr. D. Carlson of George Nolte Engineers, representing the developer, was present at t~e meeting and requested that an amend~ ment be made to the requirement for a storm sewer. Mr. Carlson stated that this is a very small tract and it does not seem fair that the developer should pay for both the installation of the storm drain plus the per acre storm drain fee as outlined in the "Livermore storm Drainage Report". The Council then discus~ed the matter and it was suggested that a per acre fee be set up to include all storm drains in that area. On motion of Councilman Medeiros, seconded by Councilman Patterson, and the unanimous vote of the Council, the tentative map of Tr~ct 2028 was approved with the recommendations of the Director of Public Works with the exception of storm drainage which will be discussed at the ~udy session of March 23rd. Report of Planning Commission Record of Survey - Intra Pacific Bldrs. A communication dated March 11, 1959 was received from the Planning Commission recommending approval of the change of lot sizes as shown on the Record of Survey of a portion of Tract 1821, submitted by Intra Pacific Builders. On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the Record of Survey was approved. 380 MAR 1 6 1959 ~ Q ~ >- = Award Contract for Construction of Industrial Sanitary Sewer - McGuire and Hester The City Manager reported upon the analysis of the bids submitted on March 2, 1959 and strongly urged that the Council consider the acceptance of a proposal based upon maximum design criteria or a 7,000 gallon per acre per day capacity. Of those firms bidding, the proposal of Vincent Rodrigues is the lowest for the City's portion of the contract with McGuire and Heater as the lowest total proposal. II The two companies who are signators to the contract for the installation of the line with the City, namely Southern- Pacific Co. and Standard Realty & Development Co., have proposed to the City that the. bid of McGuire and Hester be accepted since this amount represents the lowest dollar amount to the railroad companies. If this bid is accepted, the two companies have formally agreed to reimburse the city for the dollar difference between the lowest bid submitted for the City's part and the proposal of McGuire and Hester, which is an amount of $14,228. The City Attorney has determined that this proposal is legally permissible. I ! The following resolution was read and introduced by Couneilman McClaSkey, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahlj Noes--nonej Absent--none. Resolution #34-59 RESOLUTION AWARDING BID FOR CONSTRUCTION OF INDUSTRIAL.SEWER TRUNK LINE Final Acceptance of Sanitary Sewer Construction Peerless Concrete Pipe Corp. On motion of Councilman Patterson, seconded by Councilman Shirley, and by the following called vote, final acceptance for the sewer trunk line construction in accordance with the contract dated July 7, 1958 with Peerless Concrete Pipe Corp. was granted: Ayes-- Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor I I ! 1: Nordahlj Noes--nonej Absent--none. The Mayor then declared a 10 minute recess. The meeting was called back to order at 10:00 P. M. M~R 1 6 1959 381 Authorize Condemna~ion Proceedings HoadvJaY Easement f"~1 v~ The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was. passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #35-59 RESOLUTION AUTHORIZING AND DIRECTING CONDEMNATION OF A SLOPE EASEMENT FOR A RIGHT OF WAY ON, OVER AND ACROSS LAND FOR THE EXTENSION OF A ROADWAY FOR INGRESS AND EGRESS FROM THE NEvi SANITARY SEWAGE TREATMENT PLANT OF THE CITY OF LIVERMORE TO U.S. HIGHWAY NO. 50 IN THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA. .\ccept Improvements in Tract 1874 - Lincoln Lumber Co. The following resolution was read and introduced by Council- man Patterson, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution~36-59 RESOLUTION ACCEPTING L OF THE WORK OF IMPROVE~'lENT IN TRACT 1874 Accept Deed - 1 ft. Strip - Tract 1874 The following resolution was read and introduced by Council- man McClaskey, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #37 -59 ACCEPT DEED FROM LINCOLN LUMBER CO. 1 FT. STUB END Accept Deed from Lincoln Lumber Co. - Tract l87L~ Re-alignment of Street The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman McClaskey, and by the following ?alled vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution ~38-59 ACCEPT DEED FROM LIN OLN LUMBER CO. RE-ALIGNl'v1ENT OF STREET Proposed Ordinance Declaring Intention of City to Abandon a Portion of Stanford Way A prop~sed ~rdinance declaring the intention of the City Council to close up and abandon a portion of Stanford Way was given a first reading and on motion of Councilman McClaskey, seconded by ~t)2 MJl.R 1 6 1959 ~ o ~ > '==' Councilman Shirley, and by the following called vote, was ordered filed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noas--none; Absent--none. Accept Improvements in Tract 1821 - Herbert S. Platt et als The. following resolution was read and introduced by Council- man Patterson, seconded by Councilman McClaskey, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent-- n none. Resolution #39-59 RESOLUTION ACCEPTING ALL OF THE WORK OF IMPROVEMENT IN TRACT 1821 Establish a Two Hour Parking Limit S.P.R.R. to Railroad Avenue The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman McClaskey, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #40-59 RESOLUTION ESTABLISHING TWO HOUR PARKING LIMIT ON CURB I I PARKING FROM THE NORTHERLY LINE OF SOUTHERN PACIFIC RAILROAD RIGHT OF WAY TO SOUTHERLY LINE OF RAILROAD AVENUE Abatement of Weeds . The following resolution was read and introduced by Council- man Shirley, seconded .by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordah14' Noes--none; Absent--none. Resolution # 1-59 RESOLUTION DECLARING THAT THERE EXISTS WEEDS'GROWING ON OR RUBBISH, REFUSE AND DIRT ON PRIVATE PROPERTY AND/OR STREETS ADJACENT TO PRIVATE PROPERTY PARTICULARLY DESCRIBED IN THIS RESOLUTION AND DECLARING THE SAME TO BE A PUBLIC NUISANCE AND ORDERING .SAID CONDITIONS ABATED. Proposed State College Site Mr. Earl Odell reported to the Council on the latest develop- ment in the location of a site for the proposed State College in I i Alameda County. There will be a hearing by the State Public Works Board and a tour will be made of the various sites. Mr. Odell requested that the City Manager and the Director of Public Works and any members of the Council be present at each of the two Livermore MAR 1 6 1959 1383 sites to give information and answer questions when the tour arrIves in Livermore. Mr. Odell was to inform Mr. Parness latter in the week as to the approximate time the bus would arrive at Livermore. Request Re Junk Yard Location - Nm'fling f<'Irs. Rose Nowling informed the Council that she has an option to purchase property adjacent to the Gladding McBean property, just outside the City limits on the Livermore-P1easanton Road although she cannot conform to the requirement of 500 ft. from residential homes, and asked ror the Council1s reaction to this location. Mrs. Nowling was informed that this location would probably have opposition from the residents in the area and the Council would reconnnend to the County that it be denied. Mrs. Nowling stated that another possible location would be out in the industrial area westof Vasco Road between the two railroads. As yet he has not contacted the owner or even seen the site. It was suggested that this matter again be discussed at the study session next Thursday evening and between now and then the Council members go out to look at the site and Mrs. Nowling contact the owner regarding the property. Communications A communication dated March 10, 1959 was received from Carlos Bee with an acknowledgment of the Council" resolution regarding the South Bay Aqueduct and also an acknowledgment from John Ho1mdahl, State Senator. A communication dated March 5, 1959 was received from B. O. Burch regarding his appointment to the Housing Authority. Relocation of Route 108 A communication dated March 13, 1959 was received from B. W. Booker, Asst. St. Highway Engineer, Division of Highways, regarding the interim relocation of Route 108 to railroad Avenue. In view of the future relocation of Route 108 as a free~ay, the matter has been filed at this time without further action. ilts4 MAH 1 6 1959 .... o ><: > = Resignation from Housing Authority (Price) A communication dated March 6, 1959 was received from Frank Price submitting his resignation from the Housing Authority; and also a communication from the Housing Authority regarding said resignation. n I , payroll and Claims Seventy-seven payroll claims and forty-eight claims amounting to a total of $61,2~9.93 were audited by the City Manager and on motion of Councilman Patterson, seQonded by Councilman Shirley, and by the following called vote were approved as presented: Ayes-- Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Matters Initiated by Councilmen Councilman Shirley suggested that the Council invite the Veterans Memorial Hall committee to a study session to discuss the present policies and the future policies regarding the use of the Veterans Memorial Building. Approve Report re A.E.C. Sewer Contract i I The Council discussed the report prepared by the City Manager regarding the A.E.C. sewer contract. Councilman Patterson felt the cover letter should have been addressed to the San Francisco office instead of Washington D.C. After further discussion, on motion of Councilman Shirley, seconded by Councilman Medeiros, and by the following called vote, t~e pity Manager was instructed to make an appointment with the San Francisco A.E.C. office and deliver copies of this report to them urging transmittal of copies to their Washington D.C. office at the earliest possible time: Ayes--Councilmen McClaskey, Medeiros, Shirley and Mayor Nordahl; Noes--Councilman Patterson; Absent--none. , . Adjourn '\1 , I I On motion of Councilman Medeiros, seconded by Councilman Shirley, .and the unanimous vote of the Council, the meeting adjourned at 12:00 A. M. APPROVED: % ~ p ;}( ~ Mayor ~/! 1 / . . . . , 7 i ATTEST:, ' / . . . ~k City, erk Livermore, California APR 6 1959 . "'i~~. '1 V r '\ t~ ';953 3R5 Regular Meeting, April 6, 1959 A regular meeting of the City Council was held on Monday evening, April 6, 1959, in the Library of the Livermore Union High Scl1001. The meeting was called to order at 8:04 P. M. Roll Call: Present--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Absent--none. Minutes On motion of Councilman tlledeiros, seconded by Councilman Patterson, and the unanimous vote of the Council, the minutes of the adjourned regular meeting of rllarch 16, 1959 were approved as mailed. Public Hearing - Rezoning Application Albert H. Kessler - W. Side of Junction Ave. Notice having been published for a public hearing on the application for rezoning submitted by Albert H. Kessler and Leslie M. Kessler to rezone property located on the west side of Junction Ave. (170x382) from Zone R-l to Zone R-2 to accommodate the erection of a one story, ranch style garden apartment house of approximately 26 units, the hearing is now open. The City Clerk reported no written protests were filed and upon invitation by the Mayor for protestants to speak, it was determined that there were no oral protests. On motion of Councilman McClaskey, seconded by Councilman Patterson, and the unanimous vote of the Council, the public hearing was closed. On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, this rezoning was I approved and the City Attorney was instructed to prepare the proper ordinance rezoning this property. Public Hearing - Weed Abatement Notice having been published on hearing objections from property owners in the City of Livermore to the removal of weeds, rubbish, refuse and dirt from their property according to the notices posted by the Superintendent of Streets, the hearing is now open. The City Cler.k reported no written protests were filed and i) ti ti APR 6 1959 J-i, o ~ > = upon invitation by the Mayor for protestants to speak, it was determined that there were no oral protests. On motion of Councilman Medeiros, seconded by Councilman Pattevson, and the unanimous vote of the Council, the public hear- Direct Superintendent of streets to Proceed to Abate Weeds :l I i ing was closed. The following resolution was read and introduced by Councll- man Patterson, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros~ Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #42-59 RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC NUISANCE AND DIRECTING 'rHE SUPERINTENDENT OF STREETS TO_ CAUSE SAID PUBLIC I~ISANCE TO BE ABATED Report of Planning Commission Tentative Map of Tract 2037, Sunset Dev. Co. A communication dated March 25, 1959 was received from the Planning Commission recommending acceptance of the tentative map of Tract 2037 submitted by Sunset Development Co. lying south of Elaine Avenue encompassed by Tract 1963 on the North, East and II I I I I West, subject to the recommendations of the Director of Public :'lorks. (A copy of which is on file in the office of the City Cle:>k.) It was explained that this tract involves the same property that has been sugg~sted as a new elementary school site and presented for Council review some weeks ago. Since the developer and the school officials could not come to terms on purchase price, the developer has elected to submit a proposed tract for the area. Legally, the City's only recourse is to consider the adoption of this subdivision. ~~. Joe Michell, Superintendent of the Livermore School District was present at the meeting objecting to this tract. Mr. Michell stated that this particular area was selected for a school site by the subdivider and was agreed upon by the Planning Commission, the City Council, the developer and the School Board. He explained I i I 'I 'I~ that the school board cannot operate as fast as other concerns; monies will be available for the purchase of this property in July IIOP 6 1cr::a 387 of this year. ~!e School Board has officially requested the District Attorney to start condemnation proceedings to take possession of this area for a school site. r~. M. Mehran of Sunset Development Co., also present, stated that this is the only clear parcel of land he owns and if the Council postpones action this ev~ning~ he will be at a standstill. Mr. Mehran explained that they have to do the engineering work yet and it will be months before they come in with the final map for approval. If the School District buys this property, they can purchase other property; timing is their greatest concern. After some discussion by the Council, on motion of Councilman Patterson, seconded by Councilman McClaskey, and the unanimous vote of the Council, the tentative map of Tract 2037 was approved subject to the recommendations of, the Director of Public '.lo:C'ks and further subjec~c to the condition that any engineering costs incurred on this particular piece of property from this day on will not be passed on . to the School District. Report of Planning Commission - Re Zoning of Adjacent County Property - Chaves A communication dated f\1arch 27, 1959 was received from the Planning Commission recQmmending the denial of the application of Manuel R. and Minnie K. Chaves to rezone from R-l to C-l a parcel on the northwesterly corner of the intersection of Tesla Road and College Avenue, south of the City of Livermore. On motion of Councilman Shirley, seconded by Councilman Patterson, the Council voted unanimously to recommend to the County Planning Comrnission the denial of this application. Report of Planning Commission Tentative Map of ~~act 2036 - Area Bldg. Co. A communication dated March 25, 1959 was received from the Planning Commission recon~ending acceptance of the tentative map of Tract 2036 submitted by Area Building Co., Inc., lying vJest of Bluebird Avenue, between Olivina Avenue and the Western Pacific Railroad tracks. i)~H APR 6 1959 .... Q ~ :> = On motion of Councilman Shirley, seconded by Councilman Medeiros, and by the following called vote, the tentative map of Tract 2036 was approved subject to the recommendations of the Director of Public Works: Ayes--Councilmen McClaskey, Medeiros, Shirley and Mayor Nordahl; Noes--none; (Councilman Patterson ab~tained from voting) Absent--none. Mr. Byrl A. Stifle asked the following questions of the I I I _I Council regarding this tract: 1. Is this 88 foot road as outlined on the tentative map required as a condition of the subdivision? Answer - Yes, it is a part of the master plan. 2. lIJhen do you expect to cross the track and make this a functional road and at whose expense. Answer - A portion will be at the City's expense and some by other subdividers; it will proceed when traffic need is there and monies available. 3. Would you, if you had the money, spend it on this project. Answer - Yes, if there were not other crucial areas, the staff would urge this road immediately. ,- I Mr. Stifle commented that this is costing approximately $42,000 additional to improve this street and he is protesting this as a subdivision requirement; he feels this is a community responsi- bility, it will benefit the entire community. Report from City Manager - Gontractual Services to Vila Gulf Housing Authority Mr. Parness reported on the proposed agreement for an in-lieu type of payment to the City for municipal services offered to the Housing Authority. (A resolution will be presented later in the meeting authorizing execution of this agreement.) Report of City Manager - Re City Hall Air Conditioner ~le City Manager reported on the investigation of costs and feasibility of installing an evaporative cooling system as opposed 1 I :~ to the refrigeration type air conditioner for our City Hall and reco~nended the preparation of plans and specifications for the receipt of proposals for the installation of a refrigeration cooling system be authorized, the cost of which vTould apprm:imate $6,000. l\f)C2:.~ [wme dlscuss:lon by th) COl:ncil, on motion of Councilman HcClaskey, seconded 'by Councilman Shirley, and the unanimous vote ,,-.. .'-.', .., llPR 6 1959 389 c),f the Counc:ll: the C:1.ty Hanacel' r S reconilllendation \';as accepted and. the :)1"i2paration of plc1.ns and Si]ecif1ca..~imjs vre:r.-'e :.:n:.tl102:"'ized,. Report of City Manager Re Retention of Auditor fl11e City l;lanaser reported on sol ici tel. tion (If i)l'Guosals for ... .. the audit of our financial a.ffairs by a prIvate finn and recommended the retention of r~. QeD. L. Landis to conduct the audit for the 1953-59 fiscal year for a fee of $850. On motion of Councilman Shirley, seconded by Councilm~n IIIedeiros, and the ur~anilllC1-1S vote of the Council, T'Ir. Geol"se L. Landis ':JaS hil'ed to conduct the audit for the 195.3-59 fiscal year for a fee of' "'3r,0 .J.. y ~ . Ci ty l\1anager Report Re Program (~ Progress of structural Inspections IiIr'. Pal'ness presented a report by tl1e Building Inspector and Fire Chief on inspections of structures with the mercantile soctor and others throughout the City suspected of hazardous conditions, to appraise any substandard building and tllose that may be unfit or hazardous to humarl occupancy. Once a month a similar report 1'.'"ill be submitted to the City Nanager's office comprising a resume of their progress. Storm ~~ainage fie Tract 2028 The matter of storm drainaGe in rl'pact 2025 viaS discussed at length at a recent study session and on motion of Counc~Uman Shirley, seconded by Councilman flIedeiros, and the unanimous vote of the Council, the storm drainage stipulations as proposed by the Director of Public Hor~-:s Vlere adopted. Storm Drainage Syste~1 fO:L' Tracts 1993 c: 2043 fl'Jr. B. A. Stifle has requested that he be given informal permission, that is, \'l1thout the award of an easement, to use a portion of the municipal airpo:ct property as a ponding area subject to a contractual obligation whereby he would ae;ree to finance the entire cost of a functional system to the westerly extension of the airport if it is sold and to be developed. The C.A.I'i. has no 390 APR 6 1959 objections as long as the property lS not encumbered by a grant of easement". The City Attorney was instructed to prepare the necessary agreement complying with this proposal. Grant Application for Exempt Solicitors & Business License An application for soliciting and an exempt business license as outlined in Ordinance No. 373 was submitted by the Optimist Club of Livermore to sell candy and solicit funds to send boys to camp. On motion of Councilman Shirley, seconded by Councilman McClaskey, and the unanimous vote of the Council, the Council approved the application and authorized the issuance of an exempt fee license. Authorize Execution of Agreement for Extension of Sanitary Sewer Facilities - Downey The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Patterson, and by the following' called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #43A-59 RESOLUTION APPROVING SEWER CONNECTION AGREEMENT PURSUANT TO ORDINANCE NO. 396 Authorize Execution of Agreement for Extension of Sanitary Sewer Facilities - Kenney The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #43B-59 RESOLUTION APPROVING SEWER CONNECTION AGREEMENT PURSUANT TO ORDINANCE NO. 396 Accept Improvements in Tract 1711 (Stifle) The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #44-59 RESOLUTION ACCEPTING ALL OF THE WORK OF IMPROVEMENT IN TRACT 1711 , ~ ~ o ><: > = u Il u n lJ ~PR 6 1959 391 Accept Improvements in Tract 1840 (Stifle) The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following called vote was passed:. Ayes--Councilmen McClaskey, rlledeiros, Patterson, Shirley and Mayor Nord~11; Noes--none; Absent--none. Resolution #45-59 RESOLUTION ACCEPTING ALL OF THE HORK OF IMPROVEMENT IN TRACT 1840 Authorize Execution of Agreement for Termination of Lease - (Recreation park) The following resolution was read and introduced by Council- nlan Patterson, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #46-59 A RESOLUTION AUTHORIZING TP~ SIGNING OF M~ AGREE~lliNT ~ITH LIVERMORE JOINT UNION HIGH SCHOOL DISTRICT - (Termination of Lease) Authorize Execution of Agreement with Standard Realty and Development Co. & SQuthern Pacific Co. re Industrial Sewer The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Patterson, and by the follo\-'ling called vote was passed: Ayes--Couucilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #47-59 RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT ~GTH S'l'ANDARD REALTY & DE"\lELOPMENT CO., A CORPORATION, AND SOUTHERN PACIFIC CO~WANY, A CORPORATION, PROVIDING FOR THE CONSTRUCTION OF INDUSTRIAL SANITARY SEVJER Authorize Execution of Agreement with Vila Gulf Housing Authority The fOllQ'v'JinG resolution Has read and introduced by Council- man Patterson, seconded by Courfcilman I1edeiros, and. by the following c<:llled vote lias passed: Ayes--Councilmen TvlcClaskey, r,ledeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #48-59 A HESOLUTION AU~IQRIZING THE SIGNING OF MI AGHEEMENT HITH VILA GULF HOUSING AUTHORITY (~lunicipal Services) Proposed Ordinance Establishing a Numbering System of Street and Road Addresses within the City of Livermore A proposed ordinance establishing a numbering system of street and road addresses within the City of Livermore was given a 392 APR 6 1959 first reading and on motion of Councilman Patterson, seconded by Councilman Shirley, and by the following called vote was ordered filed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Adopt Ordinance Amending Ordinance #191 Re Single Family Residential Lot Sizes (Emergency Ord.) An ordinance amending Ordinance #191, establishing lot areas for all lots or parcels of land in Zone R-l and Zone R-2 was read and on motion of Councilman Patterson, seconded by Councilman Medeiros, and by the following called vote was passed and adopted: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--Rone; Absent--none. ORDINANCE-NO. 409 AN INTERIM EMERGENCY ORDINANCE OF THE CITY OF LIVERMORE, STATE OF CALIFORNIA, AMENDING SECTION XIII OF ORDINANCE NO. 191 OF THE CITY OF LIVERMORE FIXING AND ESTABLISHING LOT AREAS FOR ALL LOTS OR PARCELS OF LAND IN ZONE R-l AND ZONE R-2, AS SAID ZONES ARE DESIGNATED AND DEFINED IN ORDINANCE NO. 191 OF THE CITY OF LIVERMORE Adopt Ordinance Declaring Intention of City to Abandon a Portion of Stanford Way On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman Patterson, seconded by Councilman Medeiros, and by the following called vote, the ordinance declaring the intention of the City to abandon a portion of Stanford Way was passed and adopted: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. ORDINANCE NO. 410 AN ORDINANCE OF THE CITY OF LIVERMORE DECLARING THE INTENTION OF THE CITY COUNCIL OF THE CITY OF LIVERMORE TO CLOSE UP AND ABANDON ALL THAT PORTION OF STANFORD WAY IN THE CITY OF LIVERMORE, . AS SAID PORTION OF STANFORD WAY IS DESCRIBED IN THIS ORDINANCE. Inquiry on Sewage Lift Station Benefit District A communication dated March 13, 1959 was received from Live-More Homes Development Co. regarding the sewage lift station benefit district. The City Attorney was instructed to research this matter. ~ o ><: > = n LJ n I . :_J D ,~,.... s 4"...''"' ;\ .",: 393 Cornmunications Copy of the minutes of the Housing Authority for their meeting of February 17, 1959. Notice from the County Board of Superviaors of their decision to postpone their request regarding sales tax to become. effecti've July 1, 1959. Communication dated March 25, 1959 was received from the Livermore Joint Union High School District regarding Vila Gulf property and its possible purchase. Mr. Parness was to inform the School District that before the City disposes of the property, the district will be informed. Communication from the City of Nevlark regarding their resolution on Assembly Bill 576, Golden Gate Authority. On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the Council is favorable to the idea of the Golden Gate Authority but feels there should be time for more study and hearings and Mr. Parness was instructed to write letters to the appropriate bodies conveying this feeling. Communication from the League of California Cities containing a statement of principles on metropolitan problems. Communication from the League of California Cities regarding the League HighvlaY Legislative Program. On motion of Councilman !vledeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, the City Manager vIaS authorized to speak on behalf of the Council regarding this matter'. payroll and Claims One hundred thirty-nine payroll claims and thirty-four claims amounting to a total of $36,349.69 were audited by the City Tvlanager and on motion of Councilman Shirley, seconded by Councilman JvIcClas1cey, and by the following called vote, 1;Ie:!."e approved as p:cesented: Ayes-- Councilmen r'lcClaskey, r'ledeiros, Patterson, Shirley and I\layor Nordahl; Noes--none; Absent--none. 394 APR () 1959 Recess On motion of Councilman McClaskey, seconded by Council- man Patterson, and the unanimous vote Df the Council, the meeting recessed at 11:00 P. M. to meet Monday evening, April 20, 1959 at 8 o'clock P. M. APPROVED: }a--- D./A~.1.QATTEST:~~j Mayor ' Cl Clerk Livermore, California , APR 2 0 1959 . **~*~*~*~*~*~*1*~*t*~*1*1*1*~*~*~** ~ Q :><:. :.:- = I !_J u APR201959 395 Adjourned Regular Meeting, April 20, 1959 An adjourned regular meeting of the C::.ty Council was held on Monday evening, April 20, 1959, in the Libr'ary of the Livermore Union High School. The meeting was called to order at 8:02 P. M. Roll Call: Present--Councilmen McClaskey, Medeiros, Patterson, Shirley and lYlayor Nordahl; Absent--none. TJIinu te s On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the minutes of the regular meeting of April 6, 1959 were approved as mailed. City Manager Report re Senate Bill 1004 rrhe City Manager reported that on April 28, 1959, legislation will be beard by Senate Committee on 3usiness and Professlons. Senate Bill 1004 would authorize cities and counties to impose a fee not to exceed $30 per lot in each subdivision for the purpose of acquiring park, playground, recreational and drainage facilities within the County or City. On motion of Councilman Shirley, seconded by Councilman Medeiros, the Council voted unanimously to support this legislation. Report from Airport Advisory Committee TJIr. Rex Kiml)erlins, Chairman of the Airport Committee, presented copL;s of the tIU.....:d;:;lpal Airport Helocation Study" foY' the Council I s consideration. 'T'nis report ':ms refer'red to the Council study session of IVIay 11, 1959 for jo:tnt discussion with the Airport Advlsor'y Cornmi ttee. Resume of Planning Commission Meeting A y'eport Vias received from the Planning Comrnission containinG a resume of the action on use permit applications taken by the Planning Commission at their meeting of April lLl-, 1959. No action viaS tal{en. Appeal Decision of Planning Commission Use Permit Application - Ed. Hutka A com.muni8atlon dated April 15, 1959 was received from Mr. Ed Hutka appealing the decision of the Planning Commission on 396 APR 2 0 1959 ~ Q >:: > = requirements as set forth in the conditional use permit granted for the erection of a shop building in the rear of 1386 Railroad Avenue. This matter was referred to a joint study session of the City Council and the Planning Commission on M~nday, April 27, 1959 to discuss said requirements. r Grant US~ Permit Applications to Braddock, Logan & Valley to Construct Model Homes Application for use permit submitted by Braddock, Logan and Valley to construct five model homes on the westerly side of the southerly extension of Via Granada was granted by the Planning Commission subject to confirmation by the City Council. On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the issuance of a conditional use permit was authorized for the construction of 5 model homes on the extension of Via Granada subject to the follow- ing conditions: 1. Sidewalk, curb and gutter be installed along the frontage of model homes. ,- I i : I 2. Sewer laterals will not be connected to the mains. 3. No occupancy of houses shall be permitted until the final map has been accepted, and full public works improvements and building improvements have been installed to the satisfaction of the City. 4. That the applicant be required to submit to the City a surety bond in the amount of $7,500 which represents a fee of $1,500 per house for the relocation of these structures in the event that the tract is not fully completed. Report of Planning Commission Rezoning Application - I. Schuman A communication dated April 17, 1959 was received from the Planning Commission recommending the application for rezoning sub- mitted by I. Schuman regarding two small parcels of land in Block 20, Map of the Town of Livermore. On motion of Councilman Patterson, seconded by Councilman II Shirley, and the unanimous vote of the Council, this matter was set for public hearing on May 4, 1959. "DR 2 0 1n,";" 3 97 Report of Planning Commission - Tentative Map of Tracts #2010, 2011 & 3039 - Jensen Dev. Co. A communication dated April 1'7, 1959 VIas rece:'Lved :from the Planning Commission recommending acceptance of the tentative maps of Tract 2010, 2011, and 2039 submitted by Jensen Development Corp. lying north of East Avenue adjacent to Tract 1990, subject to the reconunendations of the Director of Public VJorks. In reviewing these tentative maps, the City Council ",[as concerned with the location of a major street in this General area and felt the matter should be discussed with the Planning Corrunission before any action is taken. On motion of Councilman Shirley, seconded ty Councilman rlledeiros, and the unanimous vote of the Council, and with the developer's permission, this matter was re fel"'red to the Planning Commission for discussion at the i.e study session of ~pril 21, 1959 and further study with the Council at a joint study session next r'1onday eVE;ning, April 27th, vJi th official Council action to be taken on May 4, 191)9. Report of Planning Commission Tentative Map of Tract 2022 - Nojet Co. A communication dated April 1'7, 1959 viaS received f:com the Planning Commission recommendins acceptance of t:le rev:ised tentative map of Tract 2022, submitted by Nojet Co. lyinS sOllth of East Avenue and east of School Street, subject to the recoIT@endations of the Director of Public Works. 1\11'. Steve Palmer, repre~enting the developer, stated that the lot sizes in this tract will be the required minimum of 6000 square feet with 60 foot frontage. Th.e Cct~ncj.l d:iscussed the :LntersectioD of lJIcLeod and East 8th S L~reets end en motiOl~ c f Counc:1.lman Patterson, seconded by Councilman McCleskey, and the unanimous vote of t~e Council, the revised tent~tive map of 7r~ct 2022 was a,prov~j subject to the :eecommendatJcJns of the Dl:cecto:e of Pub}j_c ;,jorks and \'.rJth ::1. ?Oc llyn co-n.nect1cn l)(~t~..Jeel".l r.lcIJeod (lj1d Zc~s G 3tl;. St.rcGl~s~. stl"'aic.;l-lt :tllJeo tl'J.t::-; ~~r'(oLct}. 398 APR 2 0 1959 ~ o ><: > = Repor'ts On motion of Councilman I'/Iedeiros~ seconded by Councilman Patterson, and the unanimous vote of the Council, the report of the Justice: Court, Police Department, Poundmaster and Fire Department for the month of M~rch, 1959 were accepted and ordered filed. n Application for Exempt Solicitors Permit Granted l\n 2ppLica tion roC' solicitors exempt license to sol:~ci t fl1nds through a con~ert sponsored by the 20-30 Club of Livermore for the rlOspi~~21 3.S outl ined in Or'd::iru.Dce No. 373 ~'Jas presented. On motion of Ccunc:l1m3xl l\1edeiros, seconded by Councilman l\1cClaskey, and the un~nimous vote of the Council, the Council approved the application '::md authorized the issuance of an exem.pt fee license. I Proposed Agreement for Storm Drainage Tracts 2048 & 1993 (Postpone) II'he City .Attorney reported that the developer has not r8- celved approval from F.H.A. regarding this matter and requested that the mutter-be put over to another meeting. Accept Letter from Armco Drainage & Metal Products Re Storm Drainage I i Ii I The following resolution was read and introduced by Council- man Shirley, seconded by Councillnan Patterson, and by the following called vote was passed: l'.yes --Counc:tlmen McClaskey, Medeiros, PatteI'son, Shirley and Mayor Nordahl; Noes--none;Absent--none. Resolution #49-59 RESOLUTION AUTHORIZING EXECUTION OF LETTER AGREEMENT WITH ~~MCO DRAINAGE & METAL PRODUCTS INC. Accept Easement for Industrial Trunk Sewer (Jos. VI. Livermore) The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman McClaskey, and by the follo1f.ring called vote was passed: Ayes--Councilmen McClaskey, Medeiros, ---- Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #50-59 RESOLUTION ACCEPTING GRANT OF EASEMENT (Jos. W. Livermore - Industrial Trunk Sewer) Ii l-.J ;) 2 0 1r::.~,'" 399 t. ~' tw.thorize Execution of ;;gl~eement with F. Fe::'iera (Grazing Land at Sewer Plant) The following resolution was read and introduced by Councilman Patterson, seconded by Councilman Shirley, and by the following called .vote was passed: Ayes--Councilmen fvledeiros, Pat te:eson, Shirley and I'layor Nordahl; Noes --COU:1C ilman 1'1cCla.skey; .~bsent--none . Resolution #51-59 RESOLUTION AUTHORIZING EXECUTION OF AGREErvIENT -vlITH FRED FERIERA Accept AGreement and Bonds Tract 1989 - Livermore Acres, Inc. The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Patterson, and by the following called vote was passed: ).yes --Councilmen l\lcClaskey, l'iledeiros, Patte-eson, Shirley and Mayor Nordahl; Noes--none; :~bsent--none. Resolution #52-59 RESOLUTION ACCEPTING AGREEIVIENT AND BONDS FOR IMPROVEIvlliNTS TO TRACT 1939 Approve Subdivision Map Tract 1989 - Livermore ACl~es, Inc. The following resolution ViaS read and introduced by Council- man Patterson, seconded by Councilman McClaskey, and by the following called vote \'Jas passed: Ayes --Councilmen 11cClaskey, 11edeiros, Patterson, Shirley and Mayor Nordahl; Noes --none; Absent--none. Resolution #53-59 RESOLUTION APPROVING MAP OF THE SUBDIVISIOn OF TRAc'r 1989 Accept Grant of E~sement from Helen Reuter Johnson Re Roadway to Sewage Treatment Plant Site The following resolution vms read and introduced by Council- man Patter-son) seconded by Councilman Medeiros, and by the follovling called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Pa t"te:.r'son, Shirley and Mayor Nordahl; Noes --none; Absent --none. Resolution #54-59 RESOLUTION ACCEPTING GRANT OF EASEIvIEN'r FRm.l HELEN REUTER JOHNSON Recommend Site for State College in Southern Alameda County The follo\"'[ing resolution was read and introduced by Councilman TiIedeiros) seconded by Councilman Patterson, and by the fOl10'ding called vote was passed: Ayes --Counctl;nen I,kClaslwy, '100 APR 2 0 1959 ...... o ~ 0:- = Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent-- none. Resolution #55-59 RESOLUTION RELATIVE TO THE ESTABLISHMENT OF A STATE COLLEGE IN SOUTHERN ALAMEDA COUNTY Adopt Ordinance Establishing Uniform House Numberin~ System On motion of Councilman Patterson, seconded by Councilman n \ , I 1 Medeiros, and the unanimous vote of the Council, the reading of the ordinance was vfai ved. On motion of Councilman Patterson, seconded by Councilman ~~deiros, and by the following called vote, the ordinance establish- ing .a uniform house numbering system was passed and adopted: Aye~- Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes --none; Absent--none. ORDINANCE NO. 411 AN ORDINANCE OF THE CITY OF LIVERMORE, COUNTY OF ALAMEDA" STATE OF CALIFORNIA" ESTABLISHING A NUMBERING SYSTEM OF STREET AND ROAD ADDRESSES WITHIN THE CITY OF LIVERMORE" REPEALING ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING PENALTIES FOR FAILURE TO COMPLY WITH THE PROVISIONS THEREOF. Adopt Urgency Ordinance Amending Ordinance #400 & Replealing Ord. #374 - re Uniform Bldg. Code An ordinance amending Ordinance No. 400 and repealing Ordi- nance No. 374 was read and on motion of Councilman Patterson, seconded by Councilman r.ledeiros, and by the following called vote was passed and adopted: Ayes--Councilmen McClaskey, Medeiros, Patterson, Sh:Lrley and Mayor Nordahl; Noes --none; .'\bsent --none. ORDINANCE NO. 412 AN URGENCY ORDINANCE AMENDING ORDINANCE NO. 400 OF THE CITY OF LIVERMORE BY ADDING TWO NEW SECTIONS TO CHAPTER 2, OF PART I OF TIill UNIFORM BUILDING CODE, 1958 EDITION" PUBLISHED BY THE PACIFIC COAST BUILDING OFFICIALS CON- FERENCE, TO BE NUMBERED SECTIONS 203 (bl) AND 204 (a), AND REPEALING ORDINANCE NO. 374 Proposed Ordinance Amending Ord. #191 Kessler - Junction Ave. r ~ A proposed ordinance amending Ordinance No. 191, rezon:Lng property on Junction Avenue to accommodate the construction of an apartment house was given a first reading and on motion of Council- man r'lcClaskey, seconded by Councilman Medeiros, and by the follovling I\p' R t) r\ ',.,,.";~ 401 :M "'~ 1_ called vote VIas oY"deY'ic'dl'iled: Aye s --Col1.nc ilrnen I'Ie:Claskey, Medeiros, Patterson, Shirley and Mayor' Nordahl; NO'2S --Done; Absent-- none. Application For Business License Oliver Patrol Agency An app1. icat.ion vJaS received from !vlario o. Oliver, Oliver Patrol Agency, for a permit tel or)':~riJ..Le 3. private patI'c.l bU.siness tn the City of L:tv2J:'more. As the present license ordinance does not include pr~~ 'late patrols, this perm1 t vus au th'::rized 'Jnde::~ the General p:o.-'ovls1ons cL' the ol'd:1,nance. Communications A communication dated Narch 28, 1959 \I]as recel ved from the Stai~8 Depal'~,.;ment of Publ:tc l1e:::tl th rega:"dinG the deelaration of Alameda Co. as a rabies a~ea. Cormnun~l.cation dated April 9, 19:;,9 vms rccei.ved from Ralph B. Stolberg ~egardins pur'chase of additional property ajjacent to the Livermore Shopping Center. 'rhis com.rnunication was ordered acknowledged and filed. Co~nunication dated April 14, 1959 was received fro~ Francis Dunn, Chairman of the Board of Supervisors,. regardinc a meeting to consider the basic study on sewage and lndust:c'ial waste disposal in Southern Alameda County. 1111". Bissell w:Ul attend this mee i~ing. Cornmunication from the Public Utili ties Commission of trji3 State of California regarding the appli~ati()n of pacLC'ic Telephone & I'elegraph Co. to establish a typical schedule of pates for street address telephone directory service. Communication fl"om the Public Utili ties COllUl1ission with notice of hearing on the application of Pacific Gas 8; Electric Co. resaI'ding an increase in l~ates for natural gas to offset an increase in the cost of gas purctlased from the El Paso Natural Gas Company. Payroll and Claims Sixty-three payroll claims and fifty-six claims amounting to a total of $132,835.45 were audited by the Ci ty liIanager and on motion of Councilman Patterson, seconded by Councilman Shirley, and N."__"~.___"""'~___~"'___'_'_""____"'__~_"_""~_",~,. 402 APR 2 0 1959 by the following called vote were approved as presented: Ayes-- Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Authorize Clerk to Advertise for Bids on Electrical System at Hall of Justice Mr. Parness. reported that plans and specifications have been received for the wiring system at the Hall of Justice and on motion of Councilman Medeiros, seconded by Councilman Patterson, and the unanimous vote of the Council, the City Clerk was directed to advertise for bids for said wiring system to be received May 18, 1959. Oppose Metropolitan Fire Authority Bill The Council discussed the League bulletin regarding the Metropolitan Fire Authority Bill and on motion of Councilman Shirley, seconded by Councilman McClaskey, the Council voted unanimously to go on record as being opposed to this bill. Adjourn On motion of Councilman Patterson, seconded by Councilman McClaskey, and the unanimous vote of the Council, the meeting adjourned at 10:55 P. M. APPROVED: b {),2f~ATTEs'r:Ortdt~ Mayor y rk Livermore, California MAY 4 1959 **#*#*#*#*#*#*#*#*#*#*#*#*#*#*#*#*#** ~ o >e 0> = o n I 1 ,-- ~ : , I . MAY 4 1959 403 Regulae N28 U_ng, Hay 4, 1959 .A. reg:lla:ro meeting of the Cl ty Council VJaS held on r.londay evening, Nay l~, 1959, in the LibraI'j of the L:1 vermore Union HiGh Schoel. Th~ r:leetlns Has c211cd to order at 3:03 P. !vI. Roll Call: Pr'esent --C,)IJ.ncilmen NcClaskey, I/ledeiros, Patterson and llayoY' Nordahl; .';bsen t --Councilman Sh:i.rley. Hinutes On motion of Councilman Patterson, seconded by Councilman ;Iledel.cos, and the unan":'mous vot;", of' t11e Council, tht~ miCll:tes of the adjourned rec;ula:c meet:~n0 of April 20, 1959 were approved as n1c~ilecl. Public Helll'ing - Rezoning f\pplication 1. Schuman - 2 Pal.'cels in Bl. 20, Mp. of 'Tn. of Liv. TJot:i ce havins r)ee11 publ:1.shed for a public h()Ctr'inG on the: ap:Jl::!.cation f01:: rezoning subn:i tted by I. Schi.:aaan LCO reZOn(~tl'JO parcels :in Block 20, I'Iap of the 'l'ovm of Liver'more frof.1 Zone R-2 to Zone C-l to ac.commcdat>2 C(imme,'cial blrl1cL~_nGs, the 11<::3.1':1,ng is nOvi open. The Cl ty Cl'::;rk l"'er)Ol';~l:cl 1 'c' \'rri {~Len p:co te s ts Hl:l'e filed Lcnd l1pon inv:ltation by the IvIG.:rop for' protestants to spe:2.k, :it w~tS detern!:L.ned that thel"'e ~'18~C(~ no c:C'2.1pI'otes ts. On l:lc1t;:ton of Ccuncilran pa ttej"'son, sec:onded hy CCilxncj_lman I.TcClasl:e~r-, :Lrld tr18 LlnEt11inlOl~S \T(lte O.L tl"'1i~ C()L1rlcil) tr1t~ ~P\l;~)1.1.\.' 1:-1ear~ :Lli.C ',12.8 closed. The C:i.ty ,;tturnev Wo.s di.r'ectc;d to Il}.""ep::~re the p:;~'ope.c oY'cUn::lnce rezor:~.ns l:.his p:('cperJ~j- for the next mee t:~n~. Report of PL:mnj.ng CODll11ission - Hequest of Policy on SideHallc "'Jidth (,3 Location, Backing Lot Treatment :\ c;oFn;1unicat:~_on dated I'lay 1, 1959 .vas rece:ived from +..' [,ne Plannin;; Cornm:Lssior. '.Ii t11 ~t l""'<:::quest for 2 genc:eal 9c,liey \.Jll side'.l3.ll( vf1r:lth and loc'::l.tion in nel'f s).1;cUvJs:Lors Li..r:d in ':l.rE<~S c.Lll'eady develeped, ~1r.; C :1 .1.";(')} i c:r l)ll b~clcl ^L1~ lc:i.~ t~..'(;a tr~lt-;rlt 011 lna jfJ:-C^ S ~~-~<i~C t s lc)(~.::... J,~~~(j i-Yl 11e~!I su1,'}J1\lJ~S.jO,l1S. ='l-:~ls rnnf-,t=:-;- V/23 :L"E.~ft?r':r~e(l tr) trlc: staf.f fC'l'"' st~uc1~,:'. al1cl r'epo}~t to trle C01.111C.Ll &lOtlC vr:1.tl: otl:(;l' r:::ccjr:1r:i.21-1;J.l:.:"j ('.1, :c:.llGt ~ s tc. J ' ;~ tit: subdivlsi(:I~ (JrrlinQnce. 4()4 MA~ L1 ',',::1;): Report of Planning Commission Industrial Annex Zoning 1'1 report dated r-1ay 1, 1959 viaS received from the PlanninG Commission recolY'_rnending that the Industrial Area be zoned M-2 lmde:(' th; pr'csellG 20nin2: ordtnance, however also reco:-nmends further study under the proposed ordinance. On motion of Counc.Llman !\~edeiI'os, sec.onded by Councilman Patterson, ar'c1 the unanimous vot~" of the Council, the matter \roJas sroot for public hearj.ns on May 18, 1959. Report of Planning Commission General Plan Map and Tables 1'1 COlnn1\;.;yi.c2~tion dated May 1, 19::i9 vms rece"t v,'d fl~om the Planninc Com~ission regardinc the General PInn map ~nd tables. /, -L'csoluti.on ap.In'">ovj.nL t1e Gene:eaJ. Pl.~'n;'iill ~tPl)('ar ~ ::J.1:e1" or, the cLGert(~ :1. Report of Planning Commission Tentative Map of Tract 2048 - B. A. Stifle .to. :r",:;)c'r-~~ dated T.lay 1, 1959 'd3.S ~'ec(~:ived fror:] -;:;he Plannins Com::l:Lss:lo::1'-":C'(\I;;rnend:tn:= :_c'''(..:~)tu.nce of the ten ;~a (;:L\i,:.~ map of1'JJ.act 0r;Lr,R r'~~~()1"(i-i '''''~-pd b""f!T 11 !J. ___'-.i '.:" "''''\'''' ",.. '- (. v...... ~,.) .....J. ~~. .sL~_fle) ;.,it1j2.~~c:d al)1Jttin~ f_'}:"::lCt 1993 and ',.r(~st<:~~~,_<!..y ()f :~l:_e ~1L.:el1yn_ /\ve. SchclcJl site, S111Ij(.?-~t i--:o tn'3 1_'"}.3ccl'nrne.n(13.~~j_cl~'.3 () C' tt1/_: D:i_-eec~-~()r~ of Pul)lj_C' 'w,l,Jor:.\:s. On lri(Yttnl' ()f Ccunc:ilm9.i: Patt2_C'sO!~, secjYl:3ed ;:;y Co'-:c:LJnun I'lcClaskey, and the 11:nan:i_lYlo\.Js vote of l~he ComlcLl, the tentative 1,:::-.1.=' 'J:C' T-cact 2042, l:as aplJ)'">o'led s',1bject to the :c'ecor.1Inendat10ns of ~he Director of Public Works 3nd further slIbject to the execution of all acpecmenL fOlo storm d:.c:.:.tnage or the installation c,f 9. r~1~~~tio1121 storm drainase SYStC111. Report of Planning CommiSSion - Tentative Map of Tract 2056 - Livermore Development Co. A report dated Hay 1, 1959 was :f'eceived from the Planning Comm:Lssion recomrnendins acceptancE: of the tentative map of Tract 2050 suix:1i tted by L:L vermore Development Co., lyinG Vlest of Hillc:cest AVClllX:: cmd north of Yale :'/ay, subject to the recommendations of tre " -- ~"~'.'''' ~ Q :>< > == ) 'j I i L-.J n I I '~ MAY 4 1959 405 D;. ~-. e c -;-: (,! j~' . ..., ,_, .L P1.li-.)1. c ~JCI~:'~:8 . ~~'~~Jl)rIC ::lr.l:.i -s~_'l:T ()~'l'~~ _11::~ 1_ f ()f 'i~,1 i -L0 S 1'" :c1.t -,./~ [; .,Lc)'(: I::: :"~_L S ~l~' G :~_,~-l 1) 1~",2 SCf! t 1 ~T ,;: .:.1 CLC (j f' .C\') :~')::'t t(:: cl 2l~<'.~ Q . \ r);~ T', -1_ . ~:..~) :"1 _~\=;-l.-~ cLY1:-l!.j = =:...~:L: i r=i 1 i.'f 0.. S .~)~L'~ e sell t,:; J ~-' i) ~~ t; 1~l ~ ('0 ELI) I)t.? ::'1:(' S l:,() ~J8 S(JIlle ril~_~'j:Jrlcl21;s-l:;:lrld-'_nc ~c.aS2::c'd.:tr.-JG t:lC :Ltl~~i.:~'-'i.J_t-.~ !~:...:t'.jJ().,.\ c\J~ ';~'lle :~r~~'.~::: :.,~.:.: .~~ .~,_ Ci l"l ...)( \ 1:: (':7, ~ :(18 t 1 ~ So -.-:, (.;}:, :'~~I,_ L j;:; \,.~E<1.. CJ 1) \? d~ c~ f. ~C.J. S ~.ll.': ;,,' l '~1 l-,r:; 1'(; (~LL:,_ "j" :; d ~J) IJ.:l~T ~:I.-ll ~~L~rle:'~:.l-:~~. ()r~ l""lee. ~ ~- ~ ... ...J ~)-'~-'e s(~rJ t ;~'!.-~(;1'iC Is no rl()J..l('~l -eC:'~~i-'J.~t n~ 0..8 \/I,j}_:j .::~ c Ij ~-~ ~cc c.. o..r.;,(l ~ .;~ :L S l! li C e"[ ~ '~~ air! ,..J~~) e ~<~; lrj(: "(I (i ',(' rl () ~~, ~....._ ~)...~. .(~ ~~_ t il~; ~lC.~:'C 1.:i(\:. .}. rIG t J 1 ~_ :je girl8 :J.l11-ie:;C2. ~,~ }_(111 1. r t L"181le is Cdl 2Ylnt;:):a t i. e, 11 r\:~0 1r1 ve 1. '.re(i. Ii/h-. Cl1aS. P. 1/12..1'l"L"tnJ r'0i)1.-eS~~'{1.t~ll1G 1.::.118 llevel()l)\.~~~', St1t:[;estt;;cl tlJ.~tt an anne~:3.t.i.on '::)8~~1~~ion ~)(;; l:'esubl!lltt,,::d tc -i_Dele-de; <.)(\1.y the: 10 ac :-48 tlC81)J.~'~al l)}..j()l)el.t~l. Councllman S:l:l.r-h;y lJaS seated <Jupine t;lE: , 2. (I() -V-,..) clis cu. S G.~~ ()11. f~_fte 1'"1 fl.ll".t 1 ~.rJ ~c (.11 s (~l1 S S 1. 011 t~~T t11 ~ CC)U 1"1 C 5, 1: t '~le t.. 3. t t.e -r' Cl:C' arlrH::~~~a t:LOll fel2 s tc) be e t"1al'c;e d ~'Jas 14e ft:.~~i.'ll'ecl to as): u(l~;"" se s sj. or, . I{E:CClrdins the propos'::;d f;entaJci ve map of T-:>Clct 2bSC, the Gel t)j lC:t 1 ijl G C l.~ sse (1 tt:8 ~e8 c ()n~:1'211(1~ll-: ltJfl {\~) ';1 t'f:I() f~t -eo l'iyrJ.,catj t. s ()u t s J.. ell...: tl-LC t:~r'ac t, . On E.ot.i.on of Councilman I}:,:deiros: second;.~d b:l CU11.l1Cl.lmCl.ll P:..1. t te 1- f3() r-l" ClrHi l)~T t~1-1e fe; l101;.r 5. elL c,~~ll~: d \Tei to :: t(.tC~ tC~(l t:J.. :',1 '/'3 (;l~Llj (J f ~_[1~8.('t 20:>:5 ~"Ja3 a..r)l)I'CVecl sU.CJjc;ct ~~O ".;1.-18 r'eCt)rn.rnerld3.t~1c)ns (;f tt1e: Diree to:;,' of Publ:Lc '.!Grks :J.nd to the cumpletion '"' , . (j:L LtT11':12 ]C:J..C ~L C l1 ~Y<:,ocr:;;c:cUncs uith:i.n one yea:>:> from th:1.s d2~te and fUl'ther, the pI~()vIsI011 fOI-' t\,!() rll'E.~ YrJi'"dl',211ts ol.ltslde t11'2 tr2.ct -'.'I::13 :e0feJ.~rled to t:-ie Clt~l I\'IallaGCl' fell' 3.1'lt)lt~catlcq1 VJltl-l L:l12 Su1)rli\ride}': .\yes-- Councilmen HcClaskt7: Medeiros, Pattel.~so!l, Sl;:i_rley arlc! I.'1aycr IIordahl; Noes--none; Abse.:1t--none. Tenta ti ve l\lap of T:cact 2061 - Braddock, Logan [:~ Valley - 11epo:ct of Planning C,wrrnission 1\ I'epo2t dated TIay 1, 1955' vms received fr"::>!Cl the Plarminc; CCr;].mlsslo:1 :ce,:'om::lendlng a~;CE:l)t~1.nCe 0.;:' t'18 tento.ti ve L1ap of 'I':r'act r.0<1 ""i~1,1Y1-' ,.J. r.(j b~T n..r"~Q'C;;'- c lJ u_",,--}.~.._L._,I.Jt:. ,.I;; ..;.:..11;...1..\.)_ }".'l~J Lc'San t':.: Valley, si tuatr:;d i'Iest of ValL2citcs r:.o:::.d, Sl'::)ject to the reconmendatl:~ns c~'th2 Direc~;o:,'-' of P.'t,lir:.: ',oJorl:s. On m,)J,;ion of CouYlcIlman Shirley, sec~nded ;JY Councilman 406 MAY 4 1959 Hedeiros, and by the follo1:1ing called vot~, the tentative map of Ill'act 2061 ViaS approved subject to the recommendations of the Director of Public Works: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Report of Planning Commission & Appe~l Re Variance Application - Christian Science Church A report dated May 1, 1959 was received from the Planning Commission recommending denial of the variance application submitted by Chrj.stian Science Church. Also an appeal ViaS filed regarding this use permit denial by Earl Odell, attorney for the applicant. T/[l.... Odell 1:laS also present at the meetine; and spoke on behalf of the applicant. The Council discussed the matter and felt the application does not comply with the variance requirements and suggested that the property owner apply for a rezoning of the parcel for a commercial category vV"hich 'v"lOuld reduce the side yard setback so as to permit full compliance vIi th the ordinance. On motion of Councilman Shirley, seconded by Councilman Patterson, and by the follow:lne; called vote, the recommendation of the Planning Commission was accepted and the variance denied. Resume of Planning Commission Meeting l'l. report was received from the Planning Comrnission containing a resume of the action on use permit applications taken by the Planning Commission at their meeting of April 28, 1959. A comrnunication was received from the attorney for L:t vermore Disposal Service regarding the denial of the use permit application submitted by R. Blow and requesting a three months temporary use of the property for the storage of the collection vehicles. The Council discussed the matter and a motion was made by Councilman Medeiros to deny the use permit but authorize the temporary storage of the trucks on the property for a six month period. The motion died for lack of a second. On mot:ton of Councilman Shirley, seconded by Councilman Patterson, and by the folloVling called vote, the City Manager's ..... Q :><: >- = o o o MAY 4 1~c;q ,l 07 pecornInendaJc~ion was accepted, .1'::;0 approve the action of t:18 Flannin:::; COl!1.tn:lssion :tn the denial of a use pecmj_t but authorize the temporary 3tC1Y'ci.c;e of tl18 tr1..1cl:s 011 )~J1.1e l)":';OIJ81.t}... r(J~~ a. tr.:CI L~C)"_~l~cl*j I)er~~.cl(l endins Jun~ 30, 1959: i\::le s - -CC);.l11C i l_n1C1'1 r,lcClaslc{~'y' ~ Pcl t~ t;-:~-'s()rl ~ 3h121',:'7 ::lnd 1I1:.:yo:::-' IT(X;:>'_l~l:"}J.; :T()c~s--Ccunc:'Llr:tan TIed!2tcos; !11'f3"';nt--nO;1e. Proposed Sisn for Purity stores J\ cOlnrmm:lc.:::t:~on datccl :'\."9J:':1.1 2S1~ 1959 \:2.S recE':i3C.:d fr'orc R'LE' ,.-. t.1"i c a' 1 Ppo ,.-::J 'u' C t- S -J"'~ qu;:;, Po +' i '1,,0- " u.) P'l" "tY11'" "" f'-,v"IYj Sf' C;- -, ,')1"' 1 "', ,-.-) f -r'l-'I~' ~~ ,........,v _-" _... ..........l _ J .'- __'J............~ {...l. II~"...... ..... '-'_,,, .,__ ~. "....Lj-'--....,.~... '.' '._ V.'.J Si2:11 ol'4c15.1~~Lr:C'c: tel pel-'n~j_'G (~:c sJCr1 f()r' Pt.1.L'l';~)r SL(:~'I":::S -::,(1 lj0 ~Lnst;J.llcd clt ,3, rna:{llTIU.I:l rlt-~~LS~:l'C ()!: ~)1 fei';"'~-~ QtJ()ilC , [", {' =LCt<~ : '-' - tll2 i-)l_-'I~l".~_::l[l~"~l:,".C: l".!.l"(lit~D 01 !.e siGn ., . ., . "",f~"1 r{'j-, .,- ',l......-~b..J. L ;].;~ 25 .Ce ~-~ t. /, lJ1C) ~~ :iO~ l'ia.S li1~1 J.'~; C' ,il.rlc~.ln:&rl Sl-1=~_1"1e:T tu c:ce'::1;1--, ~'~.1"1t:; c:~' T.l~~t~l':L~e1'.ts Y~SC("tnJl1:~'Ylr13.,t~t01t tc :l.c-:;n'~~.":: ,:J. f)~=::!-'Y:lit rcr~ J:.ll(~ ec'r.~;~":r'uct. c~ .;.:.u Slgl! 'l'." C, ", '''. ,-, ,"'~ )T 1Y1 to,,:>." (" 1-, i (' 'f"' - 5 I,..oio ...1~........L. ....,__.1. l.r.....J..w .~v '-""'- J !:(.:et. :ll:'2 ~'JP:} ':.~ ~. c 111 ;'.IJ (:: cl f\_) 1'") 1. ~1.cl:~ (: l~ :J.. 80 (. c'r:d. I...,..!rl rn()1:2.:')ll. C1 C(.)urll".~1.1mal1 PJ.ttC:l~[;:~)(l) s:~; ~>,)r>::.\~~l 1)~r C(~:'1 nc.tJ,_ynUl1 I~8(lc:;.::"')r:, :J.nd 1"\/ LLc :'olL).,.-".n[; '-;3.1:ed V(,te,L,,(; --,--S~::)l!o.L<..: cf a 1)2 ~('rn:~ t \'i:lS Ci Ll trlO 1-'.~ 20,1 lc~r~ -cl.:e C CJ S t ~L.' i : c. ~:;l () l': c f ~G ll.~L ~-) n =1.[;'-'1 L;C 3. Ll-J..:.:iL1u.ra 1 ~.<:~ iL;l-l t (":1 f :; 1 C'e c: 1~ : ~4~'1.''''~ S - -CClL:l"lC i It1-.;:ll r.I(;Cl2.[~l:\.j.j", r~',.~dt~j_r"()s o..11d P::l t te:esc)n; 1:08 S - -CO'J_~:lc11!.:lo.l J, Sl)ir)l(::~T a1"'1c1 r.~a:lCIJ~ ~'JC<r_'!].3-1~',1; ;~bs '~Ld:- - ncne. Report He ~ppeal from Use Permit Conditions Ed Butka - Shop Bldg. on Railroad Ave. 'The <J.ppeal fpom corldi tions imposed by the Pl:.J.Lninc Commissie,n 0fl.:.1 l~se .)12rln.it L~l)J)lic2.t~cd1 tc) Cl'eCT.: 2. srie:) lJl111::.1Jrl~ Q.t 132,6 Ral1- ~eoa(i :;v,~r1t~e, Sllbn~i.~teu l)~T E(J. I':IJ.tl~~J VJ~S d:'SCt1SSed bjr tl-:,C; COI~111Cil Q t tl1c 11' S t u(l:,~ se S iJ ::_on t~', r .ti.i)-~~ 11 27t.l'l. 011 ITlotiorl C).'~ C(.ll:_r}C~Llm211 I\:cC1askp.y, se(~0nded by C~"mci1r:1ar: IIed(~:tl'os, <:.md by t1l.C rollO',":in:.:; c:tl}_.l~.j \iotc, tl'ltJ use pel~r1!:t t "VJas G.') tl1c<':,-1 zerJ. ccncllt~~()Dccl "t1lJo.'1 tllc' j"rlsta.ll~t~t()r) (\_L 3. flJflC'l:ici118.1 o1:1-s1"0e cl~eairl :[,1e1(l ()f ::... s_!_z~:; a~-~cl do S j-3(1 sat i s fo.c t C l""),T .;~ () ~:~11,e Di::"c r; t l)_!..~ ().f r ltlJl i c ~\.'loj~: T.S :<Tl:l C-I.1 81"J3.11 '}..n "-, -- p(n"nla:,1p-nt1y maint::~1.incd SC' <:.~s t.o Guar'antee its se~vicability ,'.,. I.),.,,)' Ule ppoperty OWlel.... 408 MAY L1 1959 Fence Requirement Re rfi~act 1942 A communication was received from Sunset Development Co. requesting a substitution of a redwood grapestake fence set betv1een brick pillars spaced at 13 foot centers instead of a solid . masonry '.:rall as no '/1 required for Tract 191./.2. This type of fencing would be much more compatable Hith the type used across the street. A motion was made by Councilman Shirley to deny this request. TIle motion died for lack of a second. After some d:tscussion by the Council, on motion of Council- man Medeiros, seconded by Councilman McClaskey, and by the follow:tng called vote, the tract improvement requirements for Tract 1942 were ~nended to provide for the installation of a redwood grapestake fence set between brick pillars spaced at 13 foot centers Subject to the review of the plan~ and specifications by the Director of Public Works: Ayes--Councilmen McClaskey, f1edeiros, Patterson Shirley and Mayor Nordahl; Noes--nonej Absent--none. Proposed Business License Ordinance A report was received from the Merchant1s Coramittee of the Chamber of Commerce submitting suggested amendments to the pro- posed business license ordinance. This report was referred to the City Manager for consideration as to inclusion in the proposed business l:Lcense ordinance. Report Re FreevJaY Location State Route 103 A verbal report was received notifying the City that the state High\tJaY Commission, at a recent meeting, considered the location of the freel'lay Route 108 in our area. Due to the conflicting recommendations of the State EnGineering staff as contrasted with the unanimous vieV1S of the community regarding route location, a public hearing on this matter will be held within cur area some- time ~_n the month of June. Tenta ti ve ~'1aps of Tract 2010, 2011, 2039 Jensen Development Corp. (Postponed) This matter was discussed in detail at the Council study. session of April 27, 1959, and on motion of Councilman McClaskey, seconded by Councilman Patterson, and by the following called ~ o >< > ==' n n I ~.~ I I I M~Y It 10r:o 409 vote, tlJe ten tati 'Ie maps of 'J..1:'ac:ts 2010, 2011, and 2039 i"rer'~ appy.oved subject to the :.:....'-:;coln;1end3.tjo~s of the Dir,.:.:ctol' of Public HorL:G: il.yes--Co~nlci1men I'-'1cC1askey, 11edelros, P<J.t':;eJ'scjll, Sh,trl'.:y <lnd Hayor lTordahl; Noes--none;\bsent--none. Grant Application for Solicitors Permit ~ Exempt Business License - City of Hope i~n app1ic3.t;ion for a sol-Lcl tors pe::.....w1 t and excl:lpt; IJUS:L'1ess licG:nse Gas submi t.ted by C:::.. ~~y of Hope ~~o financ<;;: 1:':2C8 patient care, :r83e3.rch and r~edic3.1 (~ducation in cancer, '~te. On ;1":ot10n of Ccunc:Ll:-clan r1edeiros, seconded l)j Councilman Pat te:C'son, and the unanimous vote 0 f the CO\J;-lCl1_, the applicat;lc'n ':las a.ppcoved and t:1e iSSUi..:.nce nf an exempt permit and l:lcense vrere G..Ll tl-'lOl~ j.ze d. Petition for Anne:;~ation of East Ave. Anne:;~ _;}L[ I.'eCE:.usc; of th.:: m-Lsullde:......stand-i..nr.; C'.l tLe inl:,(::l"'p:cc..:tat:Lon of tbe annexation policy, thif; m::':.t ter \'ras pos tpcnecl. Advertise fO:L' Bids for Improver:1ent of a Portion of E2St Ave. Adj. to E1em. School ~le follo1~ins reso10tlon was read ~nd 1.ntl~ojuccd lJY CcuDc1.1- -El[111 rattel"son, S3COi.ldecl "t)~T CCl1rtc~ilmarl Slli.rley... 3.Tld l)j~ tl-j,e ~~ollcf\/J:1..r<,~ co.llcd, vc te 1'-IaS 1)~J.c:;sccI: .\:r:;~s --C()~'~1~lcl1r:l~::l~ r.12(jl~1.s1:e~r) I'}~{lc=L-;~~(>s, P~It l-,el.s01~, S11il-'lc:.r ,::1..rl(l 11:1"J"r'or l~o~:.')ti:-ll-ll j l\:c)t~: S --:1CJlle; ~\l)S(:;rlt --11Cille. p,('SCl \ltinl1 J~r:;6-~9 .6 ..- .~. - - -, - 11,...1 .,,/ .IillSOL1Tl'IOE AUTHORIZIlIG i^1DVEHTISEHEFT l"OH ::JIDS li'CYI"1, HIPHC:\i'EHEITT OF 1\ PO:rlTIOl'! OF EAS'l' XVEI'"!UE J\DJ ACElL2 'i:C) EI\S;r A '\lEIJTJE ELEI\'IEl~'Tru~Y [)CIICjOL FRCjl,:T!~G2 Reservation of Rights ~Gr8ement (:1'J E.lC t:tOl'1 c:.~ C(;~,_~:.'lc:~.l(;:.:lrl" '" ,jr~lr~~)f.), s~:cc1-1:"ll~cl. :J~l Cc~,~.:-1('.111nal1 - T'-Ic Cl :;:~s] ::(~0~) '.-!,~lcl T-.i:T '!:.l h-: fa 11 c~ i, J i11L C (1] 1 t,~ ~1. \/0 ~~{.~, J 1 ~~; T:",.~ [)':.1' .v~;J. ~~:.L CI.r~ c"~ ~~.~_~1} :_~S ~\~~C'c:'~"r'1;:::11t .L-.;:~l.'t~:..L;1j.l!C ,.~(,. Sl.:_i-~~~ <.l.G~:..5 rlst t:l~:rj :il~t1"l_~~i~;:" (,:2 Cor;]" rnl.~.l~.l~: {; 'l.r).'J..l ; -j.1 ~:~ l} 0 ~:_ j t ";,-'l;'. f; ,., " -"")c.:: .!_ (=J.r('f_-:n . . 1~() (;~"~"2 =LnS~-,:-L'.:tl~lC,_:' C:~'L._.':.C._.___,.l :rn:e i-~(: v.le:..r . ~oend SQles Tax Agreement Tl-j.'~ ~ 'Co :._1 (.1:,.. j"~j = :;')8 f)~) 11) '.1 ~~. {:' 1 \ - <lS ~~.")f-~ ~:. ~l '~!.ll!j J Dtrc~'Ju("~,J , i-::;'" ':()~~ ~l(: J J.- \:."~"(~ 2~1=tl")1.c.'~i'", ;,3t::CC':":Jc;'''1_ ;~-:~,'" !=()t.~ J ',_~_lYll[lrl I.lcc~.I,"~=t}:=.>s... .::,IiG. :~~:,i ~.~l. f\)I~_("'J..I :_i 1[.: r;,.~"!"JJ.. :.....:1 ']':-J ;.~~~_ ~.T:;if; r):"~:3r)'-~.1.: -l~~--C:Cl.:;ir~-:-;:J:1.; Il:-.'L~J;..,,[)l-(::.:;") ',1-' II' 1: 'i.~~-'-" l,");-;C"; IS~1-~r~li:;"T ~"1...1[J I'l:t.?~.,.., ~,'~(;"'J~-L~~"~; !T.'.\(-_:~1--Yj{1" ..-.; ;8!-~.;.l "-:1"j '. ~t:';:; 1 t C i_(;' ;.'l-r:: r-r _: C' ?w\lSC.!" ~lICI1'; f.1?prU~J.'.TI";C,~' :\r'l i {~~"'1El,!T \1ITI{ Si'~1\ i~ ~-',(;;-~~ ~~ C:? ~':'~:u.t.wI:.i~~~'IC:.- ;'~.ILI::JI~.J S:\L~;=, f_lf~=': ~\~_~~:rI~':r:-:IT'r .;-I~~~ """TrT'1'O''T '" I, 1, 410 MAY /1 1959 ,..... o ><: :;;:- = The fI1:J.yor then declared 2. 5 minute :cecess. l"ne meetinG was called back to order at 10:25 P. M. Authorize Execution of Agreement with Sunset Development Co. re Sanitary Sewers The fol1o\"dng resoll;,tion VIas read and introduced by Counr;il- n man Shirley, se conded by Counc:Llman r,ledeiros, and by the follovIing ca11ed vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and JVlayo:.'" Nordahl; Noes --none; Absent --none. Resolution #58-59 RESOLUTION APPROVING SUPPLEMENTAL CONTRACT ~ITH SUNSErr DEVELOpr/IENrr COT/IP ANY Adopt General Plan The following resolution Has read and introduced by Council- man Patterson, seconded by Councilman 11cClaskey, and by th2 follo\'ling called vote was passed: Ayes--Councilmen McClaSkey, I\ledciros, Patterson, Shirley and JVlayor Nordahl; No~s--none; Absent--none. . Resolution #59-59 RESOLUTION OF THE CITY COUNCIL OF 'r'llE CITY OF LIVERMORE ADOPTING THE GENERAL PLAN Permission to be Absent from State (Nordahl) Ii I I u The folloVling resolution was read and introduced by Council- man Patterson, seconded by Councilman Shirley, and by the folloVling called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution f60-59 RESOLUTION GRANTING ERr.USSION TO BE ABSENT FROM STATE OF CALIFORNIA Accept Dedication of lr Strip at the End of Jefferson Ave. in Tct. 1983 - Jensen Dev. Co. The following resolution was read and introduced by Council- man Patterson, seconded by Councilman McClaskey, and by the c follm'ling called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absen~- I. I lJ none. Resolution ~61-59 RESOLUTION ACCEPTING DE ICATION OF 1 FOOT STRIP AT THE END OF JEFFERSON AVENUE, TRACT 1983 MAY 4 1959 41 t Acceot Grant of Easement for Storm Drains (Hospi tal Committee for Li v-Pleas. ,lreas) The following resoluticJD vms read and introduced by Council- L1an ~'Iedeip,=!s, seco:1ded by Councilman Patterson, and lJY the follolt;r:tns called vote \las passed: Aye s --Ccunc.llElljn I,IcC2.asl':ey, I.}ede11'os, Pa t terson, Sh1rley and IVlayor Nordahl; Noes --none; Absent --none. Resolutio~ #62-59 P~SOLUTION ACCEPTING GRANT OF EASE~ffiNT F'OR STOHH DRAINS Accept Agreement & Bonds for Improvement of Tract 1963 - Sunset Development Co. i111e following Y'8solut Len vms read and :t.nt~C'()d.uced by Ccunc:L1- man r,Ieijeiros: second:;d by CCiJllcilman Patte~':"'son, and by the follcsill[:; called vote Vias passed: Ayes --Councilmen I\lcCla::>key, IIede iI":)s, Patte:>son, Shirley and Hayer Eordahl; Noes --none; Absent --none. ,Resolution #63-59 RESOLUTION ACCEPTING AGREEI\1ENT AND BONDS FOR D/lPROVEf"IEtITS TO TRACT 1963 Accept Subdivision Map - Tract 1963 Sunset Development Co. ~le followin~ resolution was read and introduced by Council- man Patterson, seconded by Councilman I\ledeiros, ard ;)y the fcllo1Jillg called vote Vias passed: Ayes --Counc:tlmen :fITcClaskey, Tl1ede iros, Patterson, Shirley and flayol' lio:!.."dahl; N08s--none; Absent--none. Resolution #64-59 RESOLUTIon APPROVING MAP OF 'l'lili SUBDIVISION OF TRACT 1903 authorize.Execution of an Agreement for Plan Checking with the County of Alameda Building Dept. The follovling resc'lution iVas read and intl~oljuced by Connc:.Ll- man r.lede:iros: seeonded ;)7 C(,L'ncilman McClaskey, and by ~~lle following C.:lll'::d 'lot,:.;: v'J"as passed: Ayes --Counc11rnen IlcClaskey, Hede:i.:e(,s: Fa :ter>son, Shil"ley and Mayor Fordahl; Noes--n(me; /ibsent --none. Resolution #65-59 filiSOLUTION APPROVING AGREET1ENT WITH COu~?I OF ALAIlIEDA RELATIVE TO PLAN CIlliCKING SERVICES FOR. CITY Policy for Widening and Improvement of City Streets ~'le follovdllg resolutiC'r: ^v:as r-ead 2.l,:d intl'odiJ.ced by COlUl(;il- rnan IiIcClask:~y: 'seco.r,ded by Coul1cilman I"ledc 1.c(,s, and by the fcllov:inC called vote vIas passed: Ayes --Counc:l.lIEen I/IcClasJ.cey, I'lede ir08, Patt~:>s')n, Shirley and Hayne' No;~dahl; 1':oes --ncne; Absent --none. 412 MAY il 1959 Resolution 1/66-59 A HESOLUTION OF l'HE CI1'Y COUNCIL OF 'THE CITY OF LIVE.Rr10RE DECLAH.ING A POLICY ON THE .wIDENING AND ITv1PROVEl\lli~Tl' o Ii' CITY Sl'REEl'S Adopt Ordinance Amending Ord. #191 Kessler - Junction Ave. On motion of Councilr.'lan Patterson, seconded by Councjlman r'kCJ.asl:ey-, and the unanimous vote of the Council, the reading of the ordinance was vTai ved. On motion of Councilman r:ledeiros, seconded by Councilman Patterson, and by t1Je following called vote, the ordinance amend:lng . Ordinance No. 191 VIas passed and adopted: Ayes--Councilmen J:l1cClaskey, Medeiros, Patterson, Shirley and r1ayor lJordahl j Noes-- none; Absent--none. ORDINAEC:::!: 1:0. LI-13 AN ORDIN&~CE AMENDING ORDINANCE NO. 191 ENTITLED "AN ORDINANCE PROVIDING FOR THE CREATION 1;JITHIN THE INCORPORATED AREA OF THE CITY OF LIVERrIlORE OF CERTAIN ZONES AND IN THE SEVERAL ZONES THEREBY CHEATED DESCRIBING TP~ CLASSES OF BUILDING~, STRUCTURES AND IMPROVEr.'lENTS; REGULATING, RESTRICT- ING AND SEGREGATING THE LOCATION OF DWELLINGS, APAR1~NTS, TRADES, BUSINESSES, AND INDUSTRIES AND OTtlliR SPECIFIED USES; REGULATING AND LIMITING THE l-illIGHT AND BULK OF BUILDINGS AND STRUCTURES AND THE AREA OF BUILDING SITES COVERED THEREBY MJD PROVIDING FOR BUILDING AND USE PERMITS; DEFINING TI1E TERMS USED HEREIN; PROVIDING FOR THE ENFORCEMENT AND AMENDMENT OF S1\ID ORDINANCEj PROVIDING PENALTIES FOR ITS VIOLAT:r:ON, "BY AMENDING PARAGRAPH TWO OF SECTION THREE THEREOF. Adopt Ordinance No. 412 Amending Ordinance #400 & Repealing Ord. #374 - re Uniform Bldg. Code On motion of Councilman Medeiros, seconded by Councilman r'lcClaslwy, and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman Shirley, seconded by Councilman Patterson, and by the folloWing called vote, the ordinance amend- ing Ordinance No. 400 and repealing Ordinance No. 37lj. was passed and adopted: Ayes--Councilmen :fvlcClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--nonej Absent--none. ORDINANCE NO. 412 MJ URGENCY ORDINANCE AMENDING ORDINANCE NO. 400 OF THE CITY OF LIVEID.~ORE BY ADDING T'vIO NE\tl SECTIONS TO CHAPTER 2, OF PART I OF Ttill UNIFORM BUILDING CODE, 1958 EDITION PUBLISHED BY THE PACIFIC COAST BUILDING OFFICIALS CON- FERENCE, TO BE NUl\ffiERED SECTIONS 203 (b1) AND 204 (a), AND REPEALING ORDINANCE NO. 37L~ ~ o >c: > = o n ---..I D MAY 4 1959 413 Proposed Ordinance Amending Ord. J323, Sales Tax A proposed ocd.inance amending Ord1nance lJo. "",,,,() jc:.':; ) sales ta:x ViaS given a first ~l'eadinc and on motion cf Co,)ncilmo.n Patterson, seconded t:l Councilman l\lcClaskey, and by the follovd:1C called- vo te -lIas ordered filed: . Ayes-- Counc:ilraen I\lcClaskey, IiIedE.d.I'OS) Patterson) Shirley and f.Iayor ITcI'dahl; Noes --none; Absent --none. Communications 1\ cCJ'py of ti.le mi'1utes of the HC:,l)sin[; A\.1tho:C'Lty fl)I' the 2eeting of March 17, 1959. Payroll and Claims Twenty-seve:l c12t1ms amc;unt:Lng to a tot:al of $10,333.45 H2r'e 0.:;0.:1 bed 1JY the C::. ty r'~:::!.:1age2 awl (,n mot:t.e':l O:L CouncIlman P~ttte::.oson) seconded by CouncIlman Hedelr'os, and by the follovling called vote were approved as presented: . Ayes--Councilmen f.lcCl.asl~ey, r:1edeiros, Patterson) Shj.J.'ley and I,1ayop Hordahl; l'J()eS--nOrle; Absent--r:one. Grant Permission to Constl'uct 5 Nodel Homes T'JIr. Par.ne ss rer)(JJ~tec.l t:~la-'c i1t) j~ t C()n1IJa..liY 1-LEtS 118 Q'_1C s t',ed permission to construct five model homes :in Tract 2022 before the final map is sl;bmitted. '1118 Council authorized the issuance of a condi t:Lonal use permit for the construction or five mode] hon~s subject to the corldi tion that a bond be postdd, at "~J [::0"; ,:p - -' )'- per lot, curb, 3utter meet sidei'Ialk 1)8 :tnstalled and tll3.."l; then" be !lei connec '~~_m1s to the seVlt.:l' . Student Government Day Ii::)"'. Parnens Tljportecl t1:1at ~Ionday) nay 18) 1S'5S' lIil1 be HiCh School student goVeT'll'"nent day ar"cl sh,dents chosen to re,L)resent tll(~ v a:e:iJc; ~1S c. i. ty lJ ffic tal s ~.'.jill tl;:~ c":n ti,:-: ri:-'Lli118Cl 'oy tlleil-"l ~CC)l.lD te~(4lJa:r.t of the city government 0:-1 that day. Select r.1ayor for i\ddi tional 1 Year '1'e1'111 ~le Council again discussed the merits of havinc the Mayor serve a two year term ei.' T10tate each year. A mot:ion \'IaS wade by COiJncilman Patt.ersciD that the Counc11 :cetain J. ti,IQ year t:;rrn fer the fJlayor. The f!lotion d:Led for lack of' a second. 414 M~Y 4: 1959 A motion was made by Councilman Shirley, seconded by Councilman Medeiros, to make a determination annually with a limi t of two years; the motion passed by the follovIing called vote: Ayes--Counc:ilme.n McClaskey, TJIedeiros and Shirley; Noes--Councilman Patterson and Mayor Nordahl; Absent -.-none . On motion of Councilman Patterson, seconded by Councilman Shirley, and by the follow5..ng called vote, the annual date for determination will be the second meet5..ng in April: Ayes--Council- men filcClasl{ey, Ivledeiros, Patterson, Shirley and l'iJayor Nordahl; N~)es--none; Absent--none. A motion was made by Councilman Patterson, and seconded by Councilman Shirley, to adjourn to an executive sess5..on. After discussion by the Council, M:r. Patterson Vii thdrevJ his motion '\:'71 th the consent of the second. On motion of Councilman Patterson, seconded by Councilman Shi'.~ley, and by t'ue followine; called vote, James Nordahl VF:lS nom:i..nated tn serve another terrn as l\1ayor: Ayes --Cm..1i1c:i.lmen I\lcCl:tslu:;y, l\Tede:Lros, Patte:eson and Shirley; Noes--none; (rlayor Nordahl a!lsta:i.ned fI'om votinE;) Absent--none. Select Vice-Mayor On mot:Lol1 01' Conn8i.1mai'1 Shirley, seconded by Counc:';'lEicXl I/Ie(ie:i.:eos, and by the follm,rtn.c:; c2.1.led 70J '2, Councilman PaJstc~rso'1 ""'.s ncrninated fl)r \.~j.ce -l'f;'~LJor: AY'~s--C(lnY]cilrr'en T\lcClaokcy, T.ledei:'.'">Js, s~;J:r.ley and Mayor 1':0.,,(1.2,['1; Foes --'1('118; (Councilman Patterson abstained J:'I'()r:l vot5.r<g) flJ::'sent--none. Recess 01'1 rr~ct-tcn 0'": Ccunci1rnc1D Patterson, seconded by Councilman TvJ.ede~Leos, and the unanimous vote of the Council, the mee ting recessed ai-:; 12: 10 A. l\T. tC'~L E t T/lf)nday ev.:;ning) r1ay 18, 1959 at 3 0 t clock P. r.1. APPRO'\JED: A'f'I'ES T : MAY 1 8 1959 Liven~ore, California . **$*$*$*$*$*$*$*~*O*$*$*$*$*$*$** .... ~ > = o D o MAY 1 8 1959 41 1) I I ! Adjourned Regular Meeting, May 18, 1959 An adjourned regular meeting. of the City Council was held on Monday evening, May 18, 1959, in the Library of the Livermore Union High School. The meeting was called to order at 8:01 P. M. Roll Call: Present--Councilmen Medeiros, Shirley and Mayor Pro-tempore Patterson; Absent--Councilman McClaskey and Mayor Nordahl. Minutes On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the minutes of the regular meeting of May 4, 1959 were approved as mailed. Bids on Replacement of Main Service & Installation of Fire Alarm Equipment for the Hall of J~stice This being the time and place as set for the opening of bids on the Replacement of Main Service and Installation of Fire Alarm Equipment for the Hall of Justice, on motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, the acceptance of bids was closed. Bids were received from the following firms: Bal Electric Inc. $7,287. 8,340. Ed Hutka Electric These bids were referred to the City Man~ger for analysis and report. Public Hearing - Rezoning of Area Known as Industrial Annex Notice having been published for a public hearing on the rezoning of the area commonly known as the Industrial Annex from Zone R-l to Zone M-2, the hearing is now open. The City Clerk reported no written protests were filed and upon invitation by the Mayor for protestants to speak, it was determined that there were no oral protests. On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the public hearing was closed. 416 MAY 1 8 1959 ~ o >c:: > = The City Attorney was instructed to prepare the proper ordinance rezoning this property. Reports On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, the report of the Police Department, Poundmaster, and Fire Department for the month of April, 1959 were accepted and ordered filed. Report of City Attorney - Opinion re Waiver of Storm Drain Fees (Community Hospital) A report was presented by the City Attorney submitting a written legal opinion regarding the right of waiver under the sewer connection fee ordinance, a copy of which is on file in the office u of the City Clerk. Report of City Attorney - Opinion Re Sewer Connection Fees (Community Hospital) A report was presented by the City Attorney submitting a written legal opinion regarding the right of waiver under Sewer Connection Fee Ordinance, a copy of which is on file in the office n L.... of the City Clerk. City Manager Report re Proposed Zoning Ordinance Amendments The City Manager-presented to the Council proposed zoning ordinance amendments. This matter was referred to a study session to be held by the City Council and Planning Commission for the purpose of reviewing these items so that the proposed ordinance can be finally drafted. Report of Planning Commission Variance Application - Neil Givens A communication'dated May 13, 1959 was received from the Planning Commission recommending approval of the application for variance from side yard requirements to construct a fence on the n property line at 1390 Janis Court, submitted by Neil Givens. A motion was made by Councilman Medeiros, seconded by Councilman Shirley, to accept the recommendation of the Planning Commission, but upon further discussion, Councilman Shirley withdrew his second to the motion and Councilman Medeiros withdrew his motion. '--' ~ ..1 MAY 1 8 1959 41 ,., '..... "" '" ....>iI!.o. On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the action of the Planning Commission was approved with the exception that the fence be maintained at the building line of the motel building, which ~ approximately eight feet. Resume of Planning Commission Meeting Appeal from Use Permit Conditions - Regan A report dated May 13, 1959 was received from the Planning Commission containing a resume of the action on use permit applications taken by the Planning Commission at their meeting of May 12, 1959. A communication dated May 13, 1959 was received from John F. Regan, agent for Joseph A. Schenone appealing for reduction of side yard setbacks as relating street frontage in CO zones, as set forth in the proposed zoning ordinance, Section 13. The Council then discussed the matter. One of the conditions I applicable to a professional office zone under the proposed zoning ordinance is a 20' setback on all street frontages. This applicant requests a 5 foot width along So. K Street instead of the required 20 feet; this would permit a greater amount of off-street parking on site. A motion was made by Councilman Shirley to uphold the recommendation 0f the Planning Commission, The motion died for lack of a seGond. A motion was made by Councilman Medeiros to accept the Planning.Commission's recommendation except that a 15 foot side yard be maintained along So. K Street. The motion died for lack of a second. The matter was continued to the next regular meeting of the Council on June 1st and it was requested that this matter be dis- cussed at the Planning Commission study session on May 19, 1959. Request to Connect to City Sewer Line A communication dated May 1, 1959 was received from the State of California Division of Highways requesting PjrmiSSion to 418 MAY i 8 1959 ... o >c:: > = connect their Maintenance Station at Livermore near the intersection of Alviso Place and Livermore Boulevard to the City sewer line. The City Manager was instructed to suggest to the Division of Highways that they apply for annexation. Petition for Annexation of East Ave. Annex #4 Refer to Boundary Comm. for Report This application for annexation of East Avenue Annex #4 was postponed from last meeting; the matter of payment of annexation fees by presently occupied parcels has been resolved. On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, the City Clerk was instructed to refer this petition to the County Boundary n Commission for report. Grant Application for Solicitors Permit & Exempt Business License - YMI An application for an exempt license fee and solicitors permit was submitted by the Young Men's Institute to conduct a dance for the benefit of the parish debt fund. On motion of Councilman Shirley, seconded by Councilman r I I I Medeiros, and the unanimous vote of the Council, the application was approved and the issuance of an exempt permit and license were authorized. Request for Annexation - Nojet Co. Inc. & Livermore Stockmen's Rodeo Ass'n. A communication was received from Nojet Co., .Inc. and the Livermore Stockmen's Rodeo Association requesting annexation of Pacific Avenue as it extends easterly from Liver~ore Avenue. Nojet Company is required to improve .this area.for a public street in connection with the development of a neighborhood shopping facility. It is necessary that the property be annexed to accommodate this purpose. On motion of Councilman Shirley, seconded by Councilman I I I I Medeiros, and the unanimous vote of the Council, the City Clerk was instructed to refer this petition for annexation to the County Boundary Commission for report. MAY 1 8 1959 419 Appoint Housing Authority Commissioner (Martin) The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen Medeiros, Shirley and Mayor pro-tempore Patterson; Noes--none; Absent--Councilman McClaskey and Mayor Nordahl. Resolution ~7-59 RESOLUTION APPOINTING MBER OF THE HOUSING AUTHORITY Authorize Execution of Reservation of Rights Agreement The rollowing resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Counci1men Medeiros, Shirley and Mayor pro-tempore Patterson; Noes--none; Absent--Councilman McClaskey and Mayor Nordahl. Resolution #68-59 RESOLUTION APPROVING CONTRACT WITH EAGLE STAR INSURANCE COMPANY, LTD. RELATING. TO RESERVATION OF RIGHTS ON THE PART OF SAID INSURANCE COMPANY ON THE LIABILITY INSURANCE POLICY ISSUED BY SAID COMP ANY ON LIVERMORE SKY RANCH Accept Agreement and Bonds Tract 1990 - Jensen Development Corp. The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen Medeiros, Shirley and Mayor Pro-tempore Patterson; Noes--none; Absent--Councilman McClaskey and Mayor Nordahl. Resolution ~9-59 RESOLUTION ACCEPTING AG EMENT AND BONDS FOR IMPROVEMENTS TO TRACT 1990 Approve Subdivision Map Tract 1990 - Jensen Development Corp. The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen Medeiros, Shirley and Mayor pro-tempore Patterson; Noes--none; Absent--Councilman McClaskey and Mayor Nordahl. Resolution #70-59 RESOLUTION APPROVING MAP OF THE SUBDIVISION OF TRACT 1990 420 MJl.'1' ~ ., 'll)I:. ..... o :>c:: > = Amend Annexation Policy The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen Medeiros, Shirley and Mayor pro-tempore Patterson; Noes--none; Absent--Councilman n I , McClaskey, and Mayor Nordahl. Reso~ution #71-59 RESOLUTION FIXING AND ADO TING A STATEMENT OF POLICY AND FEES IN REFERENCE TO ANNEXATION OF TERRITORY TO THE CITY OF LIVERMORE, AND RESCINDING RESOLUTION NO. 47-57 . Accept Easement for Industrial Trunk Sewer Lines James R. Dalziel et al The fol~owing resolution was read and introduced by Counci1- man Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen Medeiros, Shirley and Mayor pro-tempore Patterson; Noes--none; Absent--Councilman McClaskey and Mayor Nordahl;. . Resolution #72-59 RESOLUTION ACCEPTING GRANT OF EASEMENT FOR INDUSTRIAL TRUNK SEWER LINES Adopt Ordinance Amending Ord. #328 - Sales Tax On motion of Councilman Medeiros, seconded by Councilman I [ Shirley, and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman Shirley, seconded by Councilman Medeiros, and by the following called vote, the ordinance amending Ordinance No. 328 regarding sales tax was passed and adopted: Ayes-- Councilmen Medeiros, Shirley and Mayor pro-tempore Patterson; Noe&-- none; Absent--Councilman McClaskey and Mayor Nordahl. ORDINANCE NO. 414 AN ORDINANCE OF THE CITY OF LIVERMORE, IMPOSING A CITY SALES AND USE TAX; PROVIDING FOR THE PERFORMANCE BY THE STATE BOARD OF EQUALIZATION OF ALL FUNCTIONS INCIDENT TO THE ADMINISTRATION, OPERATION AND COLLECTION OF THE SALES AND USE TAX HEREBY IMPOSED; SUSPENDING THE PROVISIONS OF ORDINANCES NOS. 271, 274~ 282 AND.283 DURING SUCH TIME.AS THIS ORDINANCE IS OPERATIVE; AND PROVIDING PENALTmS FOR VIOLATIONS THEREOF; AND REPEALING ORDINANCE NO. 328, EFFECTIVE JULY.l, 1959 OR THEREAFTER AS HEREIN PROVIDED. MAY 1 8 1959 421 Proposed Ordinance Amending Ord. #191 I. Schuman - Commercial Bldgs. A proposed ordinance amending Ordinance No. 19l, rezoning property in Block 20, Map of the TOwn of Livermore from Zone R-2 to Zone C-l to accommodate commercial buildings was given a first reading and on motion of Councilman Medeiros, seconded by Councilman Shirley, and by the following called vote, was ordered filed: Ayes-- Councilmen Medeiros, Shirley and Mayor pro-tempore Patterson; Noes-- none; Absent-- Councilman McClaskey and Mayor Nordahl. Proposed Business License Ordinance The proposed business license ordinance was given a first reading and on motion of Councilman Medeiros, seconded by Councilman Shirley, and by the following called vote, was ordered filed: Ayes-- Councilmen Medeiros, Shirley and Mayor pro-tempore Patterson; Noes-- none; Absent--Councilman McClaskey and Mayor Nordahl. Accept Donation to Library Book Fund in Memory of Elven T. Ellefson A communication dated May 8, 1959 was received from the Librarian submitting $157 in checks donated to the Library Book Fund in memory of Mr. Elven T. Ellefson, recently deceased., The Council instructed that this money be deposited to the credit of the book fund of the City Library. Request Financial Participation (2) A communication dated May 7, 1959 was received from the Joint Labor-Management Committees of the East Bay for 1959 regarding financial participation in the Annual Apprenticeship Completion Ceremony. On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, the request for financial assistance was denied as the City cannot lawfully appropriate funds for such a purpose. A communication dated April 28, 1959 was received from the County of Alameda, Veterans Affairs Commission regarding financial participation in the Veterans Day Observance. On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, the request for 42~ M~:J' J 1959 ..... o ~ ;I> = financial participation was denied as the City cannot lawfully appropriate funds for such a purpose. payroll and Claims Seventy-six payroll claims and fifty-five claims amounting to a total of $137,086.25 were audited by the City Manager and on motion of Councilman Medeiros, seconded by Councilman Shirley, and by the following called vote were approved as presented: Ayes-- Councilmen Medeiros, Shirley and Mayor pro-tempore Patterson; Noes--none; Absent--Councilman McClaskey and Mayor Nordahl. Accept Resignation of Director of Public Works Mr. Parness read a letter of resignation from Donald M. Bissell, Director of Public Works~ to become effective July 1, 1959. On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, the resignation was accepted with sincere regret. II I . Recess On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, the meeting recessed at 9:55 P.. M. to meet Monday evening, May 25, 1959 at 8 o'clock I I P. M. APPROVED: r D ,74 ~ATTEST: cd*-aki Mayor Y erk Livermore, California JUN 1 1959 . **@iE@iE@iE@iE@*@*@*@*@*@*@*@*@*@*@** - - - - - ~ - - - - - - ..- - .- -- ,-.. I i I I ~ MAY 2 5 19~9 423 Adjourned Regular Meeting, May 25, 1959 An adjourned regular meeting of the City Council was held 1'-- I on Monday evening, May 25, 1959, in the Library of the Livermore Union High School. The meeting was called to order at 8:05 P. M. Roll Call: Present--Councilmen McClaskey, Medeiros, Patterson and Mayor Nordahl; Absent--Councilman Shirley. Adopt Business License Ordinance On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote or the Council, the reading or the ordinance was waived. On motion of Councilman Patterson, seconded by Councilman Medeiros, and by the following called vote, the business license ordinance was passed and adopted: Ayes--Councilmen McClaskey, Medeiros, Patterson and Mayor Nordahl; Noes--none; Absent--Council- man Shirley. ORDINANCE NO. 415 ORDINANCE LICENSING TRANSACTION AND CARRYING ON OF BUSINESS, TRADES, PROFESSIONS, CALLINGS AND OCCUPATIONS IN THE CITY OF LIVERMORE FOR THE PURPOSE OF RAISING MUNICIPAL REVENUE AND PROVIDING PENALTY FOR THE VIOLATIONS THEREOF AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. Accept Easement for Industrial Sewer Line Coast Manufacturing & Supply Co. The following resolution was read and introduced by Council- man Patterson, seconded by Councilman McClaskey, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson and Mayor Nordahl; Noes--none; Absent-- Councilman Shirley. Resolution #73-59 RESOLUTION ACCEPTING GRANT OF EASEMENT FOR INDUSTRIAL SEWER - COAST MANUFACTURING AND SUPPLY COMPANY Award Bid on Replacement of Main Service& Installation of Fire Alarm Equipment for the Hall of Justice The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. 4~4 MAY 2 5 1959 Resolution #74-59 RESOLUTION AWARDING BID ON REPLACEMENT OF MAIN SERVICE AND INSTALLATION OF FIRE ALARM EQUIPMENT.AT HALL OF JUSTICE Councilman Shirley was seated during the discussion on the award of bid. A motion was made by Councilman Shirley, seconded by Council- man Medeiros, and passed by the unanimous vote of the Council, to authorize that the amount of $685., in addition to the above bid, be appropriated toward the installation of an intercom system and a circuit check. Adjourn On motion of Councilman Patterson, seconded by Councilman McClaskey, and the unanimous vote of the Council, the meeting adjourned at 8:30 P. M. APPROVED: r~ O,7I~ A~T:~~.~ Mayor ~ C C er Livermore, California JUN 1 1959 . **&*&*&*&*&*&*&*&*&*&*&*&*&*&** ~ o >< >, = n u o ~;!N : (,t.;C 425 Regular Meeting, June 1, 1959 A regular meeting of the City Council was held on Monday evening, June 1, 1959, in the Library of the Livermore Union High School. The meeting was called to order at 8:01 P. M. Roll Call: Present--Councilmen McClaskey, Medeiros, Patterson, and Mayor Nordahl; Absent--Councilman Shirley. Minutes (2) On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the minutes of the adjourned regular meetings of May 18 and May 25, 1959 were approved as mailed. Bids on Improvement of a Portion of East Avenue This being the time and place as set for opening of bids for the improvement of a portion of East Avenue adjacent to the East Avenue Elementary School, on motion of Councilman McClaskey, seconded by Councilman Medeiros, and the unanimous vote of the Council, the acceptance of bids was closed. Bids were received from the following firms: 1. O. C. Jones & Sons 2. A. Teichert & Son 3. Gee Company 4. Williams Bros. 5. Redgwick & Banke, Inc. 6. Rose & Matoza Const. Co., Inc. $3,009.50 2,149.00 2,492.50 3,622.00 2,559.50 3,297.50 On motion of Councilman Medeiros, seconded by Councilman Patterson, the bids were referred to the City Manager for study and analysis and report at the next meeting. Councilman Shirley was seated during the opening of bids. Public Hearing on Abandonment of a Portion of Stanford Way This being the time and place as set for public hearing of any objections to the abandonment of a portion of Stanford Way, the hearing is now open. The City Clerk reported no written protests were filed and upon invitation by the Mayor for protestants to speak, it was determined there were no oral protests. 426 JUN 1 1959 ~ o ~ > = On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the pUblic hearing was closed. (See Res. #76-59) Reports On motion of Councilman Patterson, seconded by Councilman Shirley, and the unanimous vote of the Council, the report of the Justice Court for the month of April, 1959 was accepted and ordered filed. u Resume of Planning Commission Meeting A report was received from the Planning Commission contain- ing a resume of the Planning Commission's action on use permits at their meeting of May 26, 1959. No action was taken. ft't) r;, /'r rf' ..I,," j .,:," v IV' Report from Planning Commission ././, ~,. / ~/ ) Petition for Annexation - 359 Acres NE of Livermore A report dated May 27, 1959 was received from the Planning Commission recommending to the City Council denial of a petition to annex to the City an area containing 359 acres, lying easterly of Livermore north of Highway 50. Mr. Schenone, attorney for the developer, requested that discussion on the matter be postponed until they can gather data for presentation to the Council. c On motion of Councilman McClaskey, seconded by Councilman Medeiros, and the unanimous vote of the Council, the City Clerk was instructed to refer the petition to the Alameda County Boundary Commission for report. Report From City Manager Re AEC Contract Negotiations Mr. Parness reported on a communication received regarding our contract negotiations with the Atomic Energy Commission. This communication was referred to the City Attorney to research the o citations listed in the letter in preparation for a joint meeting with representatives from the AEC so that a conclusive and final draft of legal arguments can be approved by them prior to submission to Washington. <h ." "':"~"'''''I~-.",,- . . JUN! 19.~r- 427 Appeal from Use Permit Conditions John Regan Agent for Joseph Schenone The Council again discussed the appeal of John F. Regan, ! I agent for Joseph A. Schenone regarding set back requirements on street frontages in a CO zone, as set forth in the proposed zoning ordinance with particular reference to a use permit application granted by the Planning Commission for an office building to be moved to the southeast corner of West 4th and South K Streets. Mr. Regan and Mr. Schenone were both present at the meeting and presented their arguments for reduction of set back in this proposed zone. The Council felt the standards for the CO zone should again be reviewed by the Planning Commission and upon the consent of Mr. Regan and Mr. Schenone, the matter was postponed to a joint study session with the Planning Commission next Monday evening, June 8th, with official action to be taken at the meeting of June 15, 1959. Petition for Annexation - Industrial Annex #2 (Vicini ty of Maple Ave., Pal.m Ave. & Intersection of Vasco Road A petition has been received requesting annexation of property situated in the vicinity of Maple Ave., Palm Ave. and intersected by Vasco Road. The site is located immediately north and abutting the present City Boundary and consists of approximately 47 acres. On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the CounCil, the City Clerk was instructed to refer the petition to the Alameda County Boundary Commission for report. Grant Application for Solicitors Permit & Exempt Business License - Liv. Jr. Chamber of Commerce An application for an exempt license fee and solicitors permit was submitted by the Livermore Junior Chamber of Commerce to hold a public dance on June 13, 1959. On motion of Councilman Patterson, seconded by Councilman Shirley, and the unanimous vote of the Council, the application was approved and the issuance of an exempt permit and license were authorized. 428 JUN 1 1959 ~ o >.: :I> = Acceptance of Map of Tract 1993 Postponed As the developer of Tract 1993 does not have the agreement and bonds ready for presentation to the Council, the matter was postponed. Accept Grant of Easement Storm Drains - Sunset Development Co. The following resolution was read and introduced by Council- man Patterson, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #75-59 GRANT OF EASEMENT FOR STORM DRAINS IN. THE CITY OF LIVERMORE u Abandonment of a Portion of Stanford Way The following resolution was read and introduced by Council- man Patterson, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #76-59 RESOLUTION ORDERING THE CLOSING UP AND ABANDONING OF ALL THAT PORTION OF STANFORD WAY IN THE CITY OF LIVERMORE, AS SAID PORTION OF STANFORD WAY IS PARTICULARLY DESCRIBED IN ORDINANCE NO. 410 OF THE CITY OF LIVERMORE ,DULY PASSED AND ADOPTED BY THE CITY. COUNCIL OF THE CITY OF LIVERMORE ON THE 6TH DAY OF APRIL, 1959. 1- Authorize Mayor to Execute Quitclaim Deed for 1 Ft. Barrier at the End of Sunset Drive (Tract 1821) The following resolution was read and introduced by. Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolutio~77-~9 . RESOLUTION AUTHORIZING MA OR TO EXECUTE QUITCLAIM DEED FOR l' BARRmR EXISTING AT THE END OF SUNSET DRIVE Proposed Ordinance Zoning to Zone M-2 Area Known as the Industrial Annex A proposed ordinance zoning to Zone M-2 that area known as the Industrial Annex was given a first reading and on motion of Councilman Shirley, seconded by Councilman McClaskey, and by the following called vote was ordered filed: Ayes--Councilman McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes-- ~I I . lJ none; Absent--none. ';:';N 1 1~h'O 429 Adopt Ordinance Amending Ord. #191 I. Schuman - Commercial Bldgs. On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman Shirley, seconded by Councilman Medeiros, and by the following called vote, the ordinance amending Ordinance No. 191 was passed and adopted: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes-- none; Absent-- none. ORDINANCE NO. 416 AN ORDINANCE AMENDING ORDINANCE NO. 191 ENTITLED "AN ORDINANCE PROVIDING FOR THE CREATION WITHIN THE INCORPORATED AREA OF THE CITY OF LIVERMORE OF CERTAIN ZONES AND IN THE SEVERAL ZONES THEREBY CREATED DESCRIBING THE CLASSES OF BUILDINGS, STRUCTURES AND IMPROVEMENTS; REGULATING, RESTRICT- ING AND SEGREGATING THE LOCATION OF DWELLINGS, AP ARTMENTS, TRADES, BUSINESSES, AND INDUSTRIES AND OTHER SPECIFIED USES: REGULATING AND LIMITING THE HEIGHT AND BULK OF BUILDINGS AND STRUCTURES AND THE AREA OF BUILDING SITES COVERED THEREBY AND PROVIDING FOR BUILDING AND USE PERMITS; DEFINING THE TERMS USED HEREIN; PROVIDING FOR THE ENFORCEMENT AND AMENDMENT OF SAID ORDINANCE; PROVIDING PENALTIES FOR ITS VIOLATION," BY AMENDING PARAGRAPH THREE OF SECTION THREE THEREOF. Communications A communication dated May 26, 1959 was received from Allen's Ambulance Service requesting that an agreement be set up with regard to the payment.of indigent ambulance calls that are received from the Police Department. Mr. Parness reported that information is being sent from the League of California Cities on current practice for this matter in other cities and when it is received he will report to the Council. A communication dated May 20, 1959 was received from the Livermore Chamber of Commerce presenting their budget for the coming fiscal year. This was referred to the City Manager for future Council consideration during preliminary budget review. A copy of the minutes of the Housing Authority for their recent meeting of April 21, 1959. A communication dated May 21, 1959 was received from Mr. & Mrs. J. LaPointe regarding hazardous trees in the parking strip. 430 JUN.L .959 ~ o ~ > = The Council discussed this matter in order to determine who is responsible for the maintenance of the trees. The City has neither the staff nor the means to take care of them; under the present policy, if a person wishes to remove a tree in the parking c strip, permission is given by the city provided another tree is planted in its place. A plan regarding trees in the parking strip will be discussed at a study session in the near future. Payroll and Claims Sixty payroll claims and twenty-six claims amounting to a total of $66,883.31 were audited by the City Manager and on motion of Councilman Patterson, seconded by Councilman Shirley, and by the following called vote, were approved as presented: Ayes-- Councilmen McCl~skey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Recess The Council then recessed at 10:10 P. M. to meet Monday evening, June 15, 1959 at 8 o'clock P. M. I I L.... APPROVED:~:.'i~ ~ . 'V( ~ ( Mayor ' Livermore, California ~ /J~ /fJ7: ~.' I i / *~*&*&*&*&*&*&*&*&*&*&*&*&~&** ATmSTcd1~ ~_ C Y er u JUN 1 5 1959 .43 t i ~ I Adjourned Regular Meeting, June 15, 1959 An adjourned regular meeting of the City Council was held on Monday evening, June 15, 1959, in the Library of the Livermore Union 'High School. The meeting was called to order at 8:04 P. M. Roll Call: Present--Councilmen Medeiros, Shirley and Mayor Nordahl; Absent--Councilmen McClaskey and Patterson. Minutes On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the minutes or the regular meeting of June 1, 1959 were approved as mailed. Public Hearing - Weed Abatement This being the time and place as set for receiving the report from the Street Superintendent and hearing of objections of property owners liable for assessment for the abatement of weeds, the hearing is now open. The City Clerk reported no written protests were filed and upon invitation by the Mayor for protestants to speak, Mrs. Marguerite DePaoli spoke regarding the lot at the southeast corner of W. 7th Street and So. G Street which has been cleaned by the City, and protested the amount that was charged for this service. After some discussion by the City, on motion of Councilman Patterson, seconded by Councilman Shirley, and the unanimous vote of the Council, the protests were overruled. Councilman Patterson was seated during the above discussion. On motion of Councilman Shirley, seconded by Councilman Patterson, and the unanimous vote of the Council, the Council confirmed the report from the Street Superintendent regarding assessment for the abatement of weeds. Reports On mQtion of Councilman Medeiros, seconded by Councilman Patter~on, and the unanimous vote of the Council, the report of the Fire Chief, Police Chief and Poundmaster for the month of May, 1959 were accepted and ordered filed. 432 ' JUN 1 5 1959 ~ o x ::I> = Report of Director of Public Works on Storm Drain Bids - Jensen Development Corp. Director of Public Works D. M. Bissell reported on the storm drain bids received by Jensen Development Corp. and referred to the City for approval, as required by the contract with the City. The bid of San Leandro Pipe Co. in the amount of $49,406.89 was the lowest bid; the City's portion of this would be approximately 11% or about $5,500. n ~.J On motion of Councilman Shirley, seconded by Council- man Patterson, and the unanimous vote of the Council, the bid of San Leandro Pipe Co. as outlined above was approved. Resume of Planning Commission Meeting A report dated June 12, 1959 was received from the Planning Commission containing a resume of the action on use permit applications taken by the Planning Commission at their meeting of June 9, 1959. No action was taken. Planning Commission Recommendation on Referral from County re Record of Survey - R.N. Jensen Accept Deed to 9' Strip at Side of Claremont Ave. for Public Street Purposes A communication dated June 12, 1959 was received from the Planning Commission recommending to the Council approval of the Record of Survey submitted by Roy N. Jensen on property located adjacent to East Avenue. Also a deed to a 9 foot strip of land on the south side of Claremont I I L-.. Avenue west of Jefferson Avenue to the City Boundary was presented, which will allow the installation of a street conforming to City standards adjacent to the proposed Record of Survey. The following resolution was read and introduced by Councilman Patterson, seconded by Councilman Medeiros, and n !J by the following called vote was passed: Ayes--Councilmen Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McClaskey. Resolution ~78-59 RESOLUTION ACCEPTING DEED TO A FOOT STRIP ON SOUTH SIDE OF CLAREMONT AVENUE WEST OF JEFFERSON AVE. TO THE CITY BOUNDARY (FOR STREET PURPOSES) !UN 1 .5 1nr-.. 433 Recommendation of Planning Commission Referral From County on Application for Swim Club A communication dated June 12, 1959 was received from the Planning Commission recommending approval of the application of Glenn H. Coffey (Las Positas Swim Club) to permit the establishment and operation of a private recreation center on East Avenue west of Vasco Road, subject to the requirements imposed by the County Planning Commission. On motion of Councilman Medeiros, seconded by Councilman Patterson, and the unanimous vote or the Council, the recommendation of the Planning Commission was accepted and the City Clerk was to so inform the County Planning Commission. Recommendation of Planning Commission Referral from County on Rezoning Application of E. Brady A communication dated June 12, 1959 was received from the Planning Commission regarding the application for rezoning of the Brady property on the south side of College Avenue to R-4 zoning. Mr. Brady was present at the meeting stating the County had postponed action of his application so that he could present it to the City for their recommendation and he wished to know if the Council would also require the RG zone. The County zoning would require at least 2000 sq. ft. of gross lot area per dwelling unit, which would equal our present RM zone in the proposed zoning ordinance. However, since this site is located in a single family residential zone and not suggested for multiple residential use by the General Plan, the Planning Commission has recommended that the standards contained within the newly drafted Garden Apartment District (RG) be used. This would require 2,800 sq. ft. of gross lot area per unit. The Council felt they could not make a decision until they studied this proposed new RG zone, and on motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, the Council will meet with the Planning Commission next Monday evening to discuss this matter and make a recommendation to the County Planning Commission. 434 JUN 1 5 1959 ~ o >:: > = Report Re Damage to Police Motor Cycle On April 3, 1959 some minor damage was sustained by our police motor cycle while patrolling the parking area at the A & W Root Beer stand on E. First Street. The cost of repairs is $55.07. The insurance carrier representing the private party involved, Kamp Furniture Co., has denied liability. The City Attorney is of the opinion that damage can be awarded to the City of the matter is n taken to small claims court. On motion of Councilman Shirley, seconded by Councilman Patterson, and the unanimous vote of the Council, the Council authorized commencement of small claims action. Appeal from Use Permit Conditions (Cont4) John Regan Agent for Joseph SchenOne The matter of a use permit to place an existing building on the corner of W. 4th and So. K Streets to be used as an office . I building and a determination re side yard was postponed for decision at this time. This matter has been thoroughly discussed at a study session and on motion of Councilman Shirley, seconded by Councilman Patterson, and by the following called vote, the appeal was denied and the standards as set forth in the proposed zoning ordinance n I will apply, that is, a 15 foot side yard set back and a 15 foot front yard set back: Ayes--Councilmen Patterson, Shirley and Mayor Nordahl; Noes--Counci1man Medeiros; Absant--Councilman McClaskey. Petition for Annexation - 359 Acres NE of Livermore The matter of a report from the Planning Commission re a petition for annexation of approximately 359 acres of land located on the north side of Highway 50, easterly of Livermore was postponed to the next regular meeting, July 6, 1959. Discussion on Community Hospital Fee Waiver The matter of the community hospital fee waiver for storm drainage and sewer connection fees was again discussed. Mr. Karl Wente, representing the hospital committee, was present at the meeting and suggested that he and members of his committee meet with II JUN 1 5 19S9 435 the City staff to discuss other fees which may be involved in the development of the hospital. Mr. Wente will make an appointment with the City Manager to discuss this matter. I I ' I Authorize Execution of Agreement with Jensen Development Corp. for Sanitary Sewer"Lines The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McClaskey. Resolution ~79-~9 RESOLUTION APPROVING CONTRA T W TH JENSEN DEVELOPMENT CORPORATION RELATIVE TO CONSTRUCTION"' OF A 12 INCH SANITARY SEWER TRUNK LINE IN LIEU OF AN 8 INCH SANITARY SEWER LINE IN TRACT 1990 Accept Agreement and Bonds for Improvements To Tract 2022 - Brama Corporation The following resolution was read and introduced by Councll- man Patterson, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Counci1men Medeiros, Patterson, Shirley and Mayor Nordahl; .Noes--none; Absent--Councilman McClaskey. Resolution #80-59 RESOLUTION ACCEPTING AGREEMENT AND BONDS FOR IMPROVEMENTS TO TRACT 2022 Approve Subdivision Map of Tract 2022 Brama Corporation The following resolution was read and introduced by Council- man Patterson, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McClaskey. Resolution #81-59 RESOLUTION APPROVING MAP OF THE SUBDIVISION OF TRACT 2022 Accept Agreement and Bonds for Improvements to Tract 2028 - Ray OIF1yng, John Barton & Bill Thomas The following _resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Counci1men Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McClaskey. Resolution #82-59 RESOLUTION ACCEPTING AGREEMENT AND BONDS FOR IMPROVEMENTS TO TRACT 2028 436 JUN 1 s 1959 ~ o x 0> = Approve Subdivision Map of Tract 2028 Ray O'Flyng, John Barton & Bill Thomas The following resolution was read and introduced by Councilman Medeiros, seconded by Councilman Shirley, and by the following cal~d vote was passed: Ayes--Councilmen Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McClaskey. Resolution #8~59 RESOLUTION APPROVING P OF THE SUBDIVISION OF TRACT 2028 n Accept Agreement for Improvements to Tract 1993 - B. A. Stifle The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McClaskey. Resolution ~4-59 RESOLUTION ACCEPTING AGREE NT FOR IMPROVEMENTS TO TRACT 1993 Approve Subdivision Map of Tract 1993 B. A. Stifle The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following i I i called vote was passed: Ayes--Councilmen Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McClaskey. Resolution # 85-59 RESOLUTION APPROVING MAP OF THE SUBDIVISION OF TRACT 1993 Award Contract for paving of a Portion of East Ave. Adjacent to East Ave. Elem. School - A. Teichert & Son The following resolution wa~ read and introduced by Council- man Patterson, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McClaskey. Resolution #86-59 RESOLUTION APPROVING CONTRACT WITH A. TEICHERT & SON, INC. FOR PAVING OF PORTION OF EAST AVENUE ADJACENT TO EAST AVENUE ELEMENTARY SCHOOL Release of Claims Against Hilp & Rhodes The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following n called vote was passed: Ayes--Councilmen Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McClaskey. Resolution #87-~9 RESOLUTION PERMITTING FILl G OF BOND PURSUANT TO SECTION 1192.1 (f) OF THE CODE OF CIVIL PROCEDURE BY HILP & RHODES "", - JUN 1 5 1959 401ft'!' t)J Authorize Effectuation of Uniform House Numbering System The following resolution was read and introduced by Council- man Patterson, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen Mede~ros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent~-Councilman McClaskey. Resolution ~88-59 RESOLUTION OF TF~ CITY COUN IL OF THE CITY OF LIVERMORE AUTHORIZING THE EFFECTUATION OF UNIFORM NUMBERING WITHIN THE CITY OF LIVERMORE Street Name Changes to Facilitate Adoption of New House Numberi~~ Slstem The following resolution was read and introduced by Counci1- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Geuncilmen Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McClaskey. ResolutiDn #89-59 RESOLUTION DESIGNATING CHANGE OF NAME OF STREETS IN THE CITY OF LIVERMORE TO FACILITATE THE ADOPTION OF A NEW HOUSE NUMBERING SYSTEM Accept Deed from Jensen Development Corp. 11 Strips - Various Streets in Tract 1990. The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McClaskey. Resolution #90-59 RESOLUTION ACCEPTING DEDICATION OF 1 FOOT STRIPS DESIGNATED LOTS A, B, C AND D, TRACT 1990 Authorize the Advertising for Bids for an Air Conditioning System - City Hall The following resolution was read and introduced by Council- I man Patterson, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McC1askElf. Resolution #91-59 ' RESOLUTION ACCEPTING PLANS AND SPECIFICATIONS AND ORDERING THE CLERK TO ADVERTISE FOR BIDS FOR COOLING SYSTEM FOR CITY HALL Notice of Proposed Annexation and Hearing of Objections Thereto - East Avenue Annex #4 The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen Medeiros, Patterson, 4ii~ JUN 1 5 1959 ~ o ><: > = Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McClaskey. Resolution #92-59 RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION OF UNINHABITED TERRITORY AND OF HEARING JJOR OBJECTIONS THERETO Adopt Ordinance Zoning the Area known as Industrial Annex to Zone M-2 I j On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman Patterson, seconded by Councilman Medeiros, and by the following called vote, the ordinance zoning the industrial area to Zone M-2 was passed and adopted: Ayes-- Councilmen Medeiros, Patterson, Shirley and Mayor Nordahl; Noes-- none; Absent--Councilman McClaskey. ORDINANCE NO. 417 AN ORDINANCE AMENDING ORDINANCE NO. 191 ENTITLED "AN ORDINANCE PROVIDING FOR THE CREATION WITHIN THE INCORPORATED AREA OF THE CITY OF LIVERMORE OF CERTAIN ZONES AND IN THE SEVERAL ZONES THEREBY CREATED DESCRIBING THE CLASSES OF BUILDING~, STRUCTURES AND IMPROVEMENTS; REGULATING, RESTRICT- ING AND SEGREGATING THE LOCATION OF DWELLINGS, APARTMENTS, TRADES, BUSINESSES, AND INDUSTRIES AND OTHER SPECIFIED USES; REGULATING AND LIMITING THE HEIGHT AND BULK OF BUILDINGS AND STRUCTURES AND THE AREA OF BUILDING SITES COVERED THEREBY AND PROVIDING FOR BUILDING AND USE PERMITS; DEFINING THE TERMS USED HEREIN; PROVIDING FOR THE ENFORCEMENT AND AMENDMENT OF SAID ORDINANCE; PROVIDING PENALTIES FOR ITS VIOLATION," BY AMENDING PARAGRAPH SIX OF SECTION THREE THEREOF. I I Complaint Re Burning at St. Michael's School A communication dated June 19, 1959 was received from property owners in the vicinity of the st. Michael's School object- ing to the smoke caused by burning at the school. Mrs. Roy Richey, one of the property owners, was present at the meeting regarding this complaint. This matter was referred to the Fire Department for check. At the present time there are no designated hours for burning and the Fire Chief will recommend to the Council the hours when burning should be allowed. I I I 1 .--.1 '~!N J S '/"leI"; 439 f_ << Report from Chamber of Commerce Airport Committee A communication dated June 11, 1959 was received from the Chamber of Commerce submitting a report from their Airport Committee. Tnis report Was referred to the City's Airport Advisory Committee and will be studied by the Council in the near future. Communicatioh Re Change of Name for Vallecitos Rd. A communication dated June 10, 1959 was received from Herbert H. Harrison, Postmaster, regarding the change of street name for Val1ecitos Road. (See Resolution No. 89-59) Communication Re Improvements for Tract 2036 A communication dated June 10, 1959 was received from R. J. Foley, Attorney at Law, regarding improvements required for Tract 2036. This matter will be discussed at a study session. Payroll and Claims Seventy-six payroll claimso and forty-four claims amounting to a total of $194,273.06 were'presented, and on motion of Council- man Patterson, seconded by Councilman'Shirley, and by the following called vote were ordered paid as certified by the City Manager: Ayes--Councilmen Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--Councilman McClaskey. Communication Re Annexation Fee - Trailmobile A communication dated June 12, 1959 was received from Mr. William Bowser of Hynes, Bowser & Brunn, attorneys for Trailmobile, Inc. regarping annexation fees; it was their understanding that the Trailmobi1e property was exempt from annexation fees. Mr. Parness was instructed to write Mr. Bowser explaining the City's policy regarding annexation fees and also state that the Council would be willing to discuss the matter at a joint meeting. Recess On motion of Councilman Patterson, seconded by Councilman Medeiros, and the unanimous vote of the Council, the meeting recessed at 10:40 P. M. to meet'Monday evening, June 22, 1959 at 8 o'clock P.M. APPR;VED:1~ b,"11 ~~ Mayor / J ' ATTEST: '?i~~1ff. ~~cj{ Ci ty ;1 erk '/ Livermore, California JUL 6 1959 440 . JUN 2 2 1959 ~ o :><: >- = Adjourned Regular Meeting, June 22, 1959 An adjourned regular meeting of the City Council was held on Monday evening, June 22, 1959 in the Library of the Livermore Union High School. The meeting was c~lled to order at 8:l0 P. M. Roll Call: Present--Councilman McClaskey, Medeiros, Shirley and Mayor Nordahl; Absent--Councilman Patterson. Proposed Garden Apartment Zone (RG) At this time the Council discussed the proposed RG zone as recommended by the Planning Commission. Commissioners Kuenning and Mettler, members of the Planning Commission were present at the meeting to discuss this proposed zone with the Council. A discussion was held regarding the standards to be applied to this zone and in which areas this zone would be most advantageous. It was agreed by the majority of the Council that the standards for the garden apartment zone RG would be 2800 sq. ft. of gross lot area per unit ,...., I I I I f9r a one story apartment and 2500 sq. ft. of gross lot area per unit for a two story apartment. Councilman Patterson was seated during the above discussion. r-. I I I : Recommendation on County Application for Multiple Rezoning filed by Edwin Brady The Council then discussed the application of Edwin Brady for multiple residential rezoning on College Avenue and on motion of Councilman Patterson, seconded by Councilman Shirley, the Council voted unanimously to recommend to the County Planning Commission approval of the application to the equivalent of the Cityls proposed RG zone, garden apartments, which requires 2800 sq. ft. of gross lot area per dwelling unit for a one story apartment and 2500 sq. ft. per unit for two or more stories. Accept Bond of Ed Hutka Electric (Electrical Work at Hall of Justice) The following resolution was read and introduced by Council- man Shirley, seconded by Councilman McClaskey, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. ;1 , I : i I ' I JUN 2 2 1QS9 441 Resolution #93-59 RESOLUTION ACCEPTING FAITHFUL PERFORMANCE & LABOR AND MATERIAL BONDS OF ED BUTKA ELECTRIC Adjourn On motion 'of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, the meeting adjourned at 9:00 P. M. APPROVED:r D.)f ~ATTEST: Mayor Livermore, California IUL ~ 1959 ... v . **$*$*$*$*$*$*$*$*$*$*$*$*$*$*$*$** _'_".h.___._-' ._"__"...._____.__.___~._~~......~."A, _._" . 442 JUl 6 1959 ~ o >::: > = Regular Meeting, July 6, 1959 A regular meeting of the City Council was held on Monday evening, July 6, 1959, in the Library of the Livermore Union High School. The meeting was called to order at 8:00 P. M. Roll Call: Present--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Absent--none. 'I I . , I ! I Minutes (2) On motion of Councilman Medeiros, seconded by Councilman Patterson, and the unanimous vote of the Council, the minutes of the adjourned regular meetings of June 15 and June 22, 1959 were approved as mailed. Bids on Cooling System for City Hall This being the time and place as set for the opening of bids for a cooling system for the City Hall, 106 E. First st., Livermore, on motion of Councilman Patterson, seconded by Councilman McClaskey, and the unanimous vote of the Council, the acceptance of bids was closed. Bids were received from the following firms: 1. Aladdin Heating Corporation 2. Superior Heating & Sheet Metal 3. Walnut Creek Sheet Metal 4. Linford Air & Refrigeration Co. 5. Coast Ventilating & Heating Co. $6,100.00 .4,778.45 6,236.00 5,237.00 4,880.00 On motion of Councilman Shirley, seconded by Councilman Patterson, and the unanimous vote of the Council, the bids were referred to the City Manager for analysis and report. Public Hearing - 1959-60 Budget At this time the Mayor asked if any member of the audience wished to comment or question the contents of the proposed budget, and there were no objections either written or oral. A resolution appears on the agenda regarding the final adoption of the 1959-60 fiscal budget. ~ I i i Justice Court Report On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, the report of the Justice Court for the month of May, 1959 was accepted and ordered filed. JUl 6 1959 443 Report of Planning Commission Rezoning Application - Christian Science Society A communication dated June 24, 1959 was received from the Planning Commission recommending the application for rezoning sub- mitted by the Christian Science Society for property located on the northwest corner of 3rd and So. N streets from Zone R-2 to Zone C-1 to accommodate an addition to the church. On motion of Councilman Patterson, seconded by Councilman Shirley, and the unanimous vote of the Council, this matter was set for public hearing on July 20, 1959. Accept Agreement and Bonds Tract 2036 - Area Building Co. The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson) Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #94-59 RESOLUTION ACCEPTING AGREEMENT AND BONDS FOR IMPROVEMENTS TO TRACT 2036 Approve Subdivision Map Tract 2036 - Area Building Co. The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Patterson, and by the fo1lowjng called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #95-59 RESOLUTION APPROVING MAP OF THE SUBDIVISION OF TRACT 2036 Resume of Planning Commission Meeting Request for Review of Application of James Duncan A report was received from the Planning Commission containing a resume of the action on use permit applications taken by the Planning Commission at their meeting of June 23, 1959. A crequest for review of the application submitted by James Duncan, et al for the construction of a service station on East Avenue and 7th Street has been filed by Councilman Shirley, stating the granting of this use permit is in conflict with the proposed zoning map which sets forth this area as residential. Also a communication dated June 30, 1959 was received from 444 JUl 6 1959 Earl S. Odell, attorney for the applicant, requesting the Council to consider the abandonment of a portion of Maple Street adjacent to the subject property. Mr. Odell was present at the meeting and spoke on behalf of the applicant. Mr. S. G. Palmer was present and protested the application on behalf of Mr. Tuck, developer of the residential area adjacent to 'this property. The Council discussed the matter and felt a traffic study and pattern should be worked out before a decision is made. On motion of Counciiman Shirley, seconded by Councilman Patterson, and by the following called vote, the Engineering Department was directed to prepare a traffic study of this inter- section for presentation at the study session next Monday evening and the matter again will appear on the agenda at the regular mee~ing of July 20th: Ayes--Counci1men Patterson, Shirley and Mayor Nordahl; Noes--Councilmen McClaskey and Medeiros; Absent--none. Appeal by Community Hospital Board from Use Permit Conditions The matter of the appeal by the Community Hospital board re- garding conditions imposed by the Planning Commission of a use permit was referred to a study session as members of the hospital committee could not be present at this meeting. Report of City Manager Temporary City Engineer Mr. Parness reported that the office of City Engineer will be vacant as of July 11, 1959 and it is necessary that a temporary interim appointment be made of a registered civil engineer to serve as City Engineer for the purpose of signing documents that must be recorded. Don Bissell has agreed to serve in this capacity without charge 80 long as no detailed engineering review is required. On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, the recommendation of the City Manager was accepted and Don Bissell was appointed to serve as temporary City Engineer. ( ~' ... o >:: >- '= I , I ! ! i , I r---"' I JUL 6 1qr;g 445 Report of City Manager re Municipal Code ]\1r. Parness reported on the cost of printing and binding our municipal code and on motion of Councilman Shirley, seconded by Councilman Patterson, and the unanimous vote of the Council, the City Manager was authorized to contract with Michie City Publications Co. to print our municipal code. Report of City Manager - Airport Site Selection Prior to the selection of a new site for our proposed airport relocation, it is nec8ssary to compare two primary factors for the two locations under consideration, land value and improve- ment cost. Mr. Parness reported that a qualified appraisal can be obtained on the two locations for a total price of $300. As to fue improvement cost, a private engineering firm must be retained to investigate this matter. On motion of Councilman Patterson, seconded by Councilman Shirley, and the unanimous vote of the Council, the appraisal was authorized and the City Manager was instructed to investigate the engineering evaluation of the cost of development of the sites fer presentation at the next meeting. Proposed Annexation - 359 Acres NE of Livermore " ,. - . ~""/'::;" y ",/./ At this time the matter of the proposed annexation of 359 acres northeast of Livermore adjacent to U. S. Highway 50 was again discussed. Mr. Joseph A. Schenone, attorney for the developer, stated they have already presented information on what is planned for the area and there was no need for further presentation. The Council then discussed the matter. A motion was made by Councilman Medeiros and seconded by Councilman McClaskey, that the Council approve this annexation. The Council then further discussed the proposed development and its location and also what it would mean to the City financially to provide police and fire protection for this area. The City Clerk read a letter from Robert L. Williams, Planning Director of the Alameda County Planning Commission, regarding this proposed annexation, a copy of which is on file in the City Clerk's office. 446 JUl 6 1959 ~' C >< > = Mr. Preston Barnes, representing a group from the Greenville area, stated that if this proposed area is taken into the' city, some consideration should be given to include all of the residential area and not skip from one place to another; this is a hazard to the City as well as to the property owners. Mayor Nordahl then asked if any member of the Council was ready to disclose a connection with this proposed annexation. n U Councilman McClaskey stated that his wife is now working for Thibault Realty, the firm handling the sale of this property but Mrs. McClaskey did not start working there until after the negotiations for the sale had already been commenced. Councilman McClaskey also stated he had checked with the City Attorney and also the'League of California Cities and legally there is no conflict. Mayor Nordahl stated that personally he felt that Councilman McClaskey may not be legally involved but he is still morally in- volved and should not vote on the matter. Mr. Schenone requested Councilman McClaskey not to vote on the motion. n I : The motion to approve this annexation lost by the following called vote: Ayes--Councilmen Medeiros; Noes--Councilmen Patterson, Shirley and Mayor Nordahl; (Councilman McClaskey abstained from voting) Absent--none. A motion was then' made by Councilman Shirley, seconded by Councilman Patterson, to deny the application for annexation; the motion passed by the following called vote: Ayes--Councilmen Patterson, Shirley and Mayor Nordahl; Noes--Councilman Medeiros; (Councilman McClaskey abstained from voting) Absent--none. Application for Exempt Business & Solicitors License Oakland Junior Chamber of Commerce An application for an exempt license fee and solicitors permit was submitted by the Oakland Chamber of Commerce to allow the sale of refreshments during a sky-jumping tournament to be held at our municipal airport. n lJ ,,~:J JUl 6 1959 447 '... ........,..,. On motion of Councilman Patterson, seconded by Councilman Shirley, and the unanimous vote of the Council, the application ,was approved and the issuance of an exempt permit and license were authorized. Petition for Annexation - Edwin F. Brady A petition has been received from Edwin F. and Margaret O. Brady requesting annexation of his property on the south side of College Avenue, adjacent to the city boundary on the east. It was pointed out that a small parcel 53' x 150' was not included in this petition which would leave an island. The Council agre~d to refer this petition to the Alameda County Boundary Commission with this small parcel included in the proposed annexation. The Mayor then declared a five minute recess. The meeting was called back to order at 10:00 P. M. Urge Decision on state College Site The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman McClaskey, and by the following called vote was passed: Ayes--Counci1men McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #96-59 RESOLUTION RELATIVE TO THE ESTABLISHMENT OF A STATE COLLEGE IN SOUTHERN ALAMEDA COUNTY On motion of Councilman Shirley, seconded by Councilman Patterson, the City Manager was instructed to attend the hearing next Monday before the State Public Works Board regarding further information on the State College site and to present the City's knowledge as to the problem of relocating airports. Adopt Salary Schedule for 1959-60 Fiscal Year The following resolution was read and introduced by Council- man Patterson, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #97-59 A RESOLUTION OF THE CITY OF LIVERMORE ESTABLISHING A snARY SCHEDULE FOR THE CLASSIFIED AND UNCLASSIFIED 'EMPLOYEES OF THE CITY OF LIVERMORE AND ESTABLISHING . RULES FOR ITS USE, AND RESCINDING RESOLUTION NO. 97-58. 44~ JUl6 1959 ~ o >c: 0;:;- = Adopt 1959-60 Budget The following resolution was read and introduced by Councilman Patterson, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #98-59 RESOLUTION APPROVING 1959-60 FISCAL BUDGET n I~ Change Name of Vineyard ct. to Ventura Ct. The following resolution was read and introduced by Council- man Medeirds, secdnded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #99-59 RESOLUTION DESIGNATING CHANGE OF NAME OF STREET IN THE CITY OF LIVERMORE TO FACILITATE THE ADOPTION OF A NEW HOUSE NUMBERING SYSTEM . Authorize Execution of a Consent Agreement with P. G. & E. Company The following resolution was read and introduced by Council- . I man Shirley, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen Mc~laskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #100-59 RESOLUTION AUTHORIZING CONSENT AGREEMENT WITH PACIFIC GAS & ELECTRIC COMPANY I I i LJ Authorize Execution of Agreement for Sanitary Sewer Connection with Jensen Dev. Corp. - 4317 Claremont Way The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following calle~ vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. , Resolution ~01-59 RESOLUTION APPROVING SE R CONNECTION AGREEMENT PURSUANT TO ORDINANCE NO. 396 Authorize Execution of Agreement for Sanitary Sewer Connection with Jensen Dev. Corp. - 4329 Claremont Way The following resolution was read and, introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, I i Patterson, Shirley and Mayor Nordahl; :Noes--hone; Absent--none. Resolution #102-59 RESOLUTION APPROVING SEWER CONNECTION AGREEMENT PURSUANT TO ORDINANCE NO. 396 . ' JUt 6 1959 449 Authorize Execution of Agreement for Sanitary Sewer Connection with Jensen Dev. Corp. - 4341 Claremont '11ay The rollowing resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, p~deiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution 1103-59 RESOLUTION APPROVING SEvmR CONNECTION AGREEI1ENT PURSUANT TO ORDINANCE NO. 396 Autho:cize Execution of Agreement for Sanitary SeVier Connection with Jensen Dev. Corp. - 4363 Claremont \fay The following resolution \'las read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the followine called vote was passed: Ayes--Councilmen McClaskey, r-JedeirCls, Patterson, Shirley and ~ayor Nordahl; Noes--ncne; Absent--none. Resolution 1104-59 RESOLUTION APP V NG uE1:JER NNECTION AGREEMENT PURSUANT TO ORDINANCE NO. 396 Authorize Execution of Agreement for Sanitary Sewer Connection with Jensen Dev. Corp. - 4375 Claremont ','Jay The follO\'dng resolution Has read and introduced by/ Counci1- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen McClaskey, Nedeiros, ^uthorize Execution of Agreement for Sanitary Sewer Connection with Jensen Dev. Corp. - 4387 Claremont Way The follOi'dng resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the fol101ving called vote was passed: Ayes --Councilmen !llcClaskey, Ivledei.ros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #106-59 RESOLUTION APPROVING SEHER CONNECTION AGREEMENT PURSUANT TO ORDINM~CE NO. 396 Authorize Execution of Agreement for Sanitary Sewer Connection with Wm. S. Pumroy - East Avenue ~1e following resolution was read and introduced by Council- man Patterson, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #l07-59 RESOLUTION APPROVING SEHER CONNECTION AGREEMENT PURSUANT TO ORDINANCE NO. 396 450 JUL 6 1959 Discussion He Annexation Fees for Existing Dedicated Travelled Ways At this time the Council discussed whether or not an annexation fee should be charged on the annexation of a portion of Pacific Avenue and felt that a policy should be drawn up regarding annexation fees ,for existing dedicated streets. On motion of Councilman Patterson, seconded by Councilman McClaskey, the Council voted unanimously not to levy an annexation fee on Pacific Avenue Annex because it is an existing dedicated street. Notice of Proposed Annexation Pacific Avenue Annex The following resolution was read and introduced by Council- man Patterson, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution ~108-59 RESOLUTION GIVING NOTICE F PROPOSED ANNEXATION OF UNINHABITED TERRITORY .AND OF HEARING FOR OBJECTIONS THERE'ro Notice of Proposed Annexation Industrial Annex No. 2 The following resolution was read and introduced by Council- man ~hir1ey, seconded by Councilman McClaskey, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #109-59 RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION OF UNINHABITED TERRITORY "AND OF HEARING WH OBJECTIONS THERETO Authorize Electrical Wirin~ for Air Conditioner Mr. Parness reported that the present electrical system is not ~dequate for the installation of the new cooling system. The Council felt that the minimum acceptable service should be put in and on motion of Councilman Shirley, seconded by Councilman Patterson, and the unanimous vote of the Council, approximately $300 was authorized for electrical wiring to service the new air conditioner. ~, o ><: >- = n n ~ --.J JUL G ""'-'1 . '-,:~, &r", ~ ..' ~1 ~ Award Bid on Cooling System to Superior Heating & Sheet Metal The following resolution was read and introduced by Councll- man Shirley, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #110-59 RESOLUTION AWARDING BID FOR CONSTRUCTION OF COOLING SYST~M FOR CITY HALL Communications A communication dated June 30, 1959 was received from J. R. Gaskill, Assistant Director of Civil Defense regarding public knowledge of Civil Defense. A communication dated June 23, 1959 from the County of Alameda Board of Supervisors regarding Senate Bill 48 which would provide for a second State-wide direct primary election in August 1960. Communication dated June 30, 1959 was received from the California Highway Commission regarding consideration of realignment of State Highway Route 108. Communication dated June 19, 1959 from the California State Automobile Association regarding a citation awarded the City of Livermore for not having a single pedestrian fatality during the year 1958. Communication dated June 16, 1959 was received from the Alameda County Admission Day Celebration Committee regarding the state-wide observance of this day together with a request for an appropriation. ~1is communication was referred to the Chamber of Commerce. Communication dated June 22, 1959 was received from the County Planning Commission regarding the proposed Alameda County Highway Master Plan with a request for study of said plan. This communication was referred to the Planning Commission for their study and recon~endation. Copy of the minutes of the Housing Authority meeting of May l2, 1959 and the special meeting of May 29, 1959. '''2'. ~:'-~ . JUL 6 1959 Payroll and Claims One hundred forty-one payroll claims and seventy-five claims amounting to a total of $84,370.53 were presented, and on motion of Councilman Shirley, seconded by Councilman Patterson, and by the following called vote, were ordered paid as certified by the City Manager: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Recess On motion of Councilman Shirley, seconded by Councilman Patterson, and the unanimous vote of the Council, the meeting recessed at 11:40 P. M. to meet Monday e~ening, July 20, 1959 at 8 0' clocl{ P. M. APPROVED: r~ f):X~ Mayor . ~' ATTEST: j . (v.!..u1.. C Clerk Livermore, California JUl 2 0 1959 . *~*%*%*%~~*%*%*%*%*%*%*%** Jo.-t' o ~ ~ = II I I I----.J o JIH 2 0 19So i. t." ') ['Lart> Adjourned Regular Meeting, July 20, 1959 An adjourned regular meeting of the City Council was held on !lJonday evening, July 20, 1959, in the Library of the Livermore Union High School. The meeting was called to order at 8:01 P. M. Roll Call: Present--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Absent--none. ~1inutes On motion of Councilman Patterson, seconded by Councilman !lJcClaskey, and the unanimous vote of' the Council, the minutes of the regular meeting of July 6, 1959 were approved as corrected. Public Hearing - Rezoning Application Christian Science Society - Corner W. 3rd & So. N Notice having been published for a public hearing on the application for rezoning submitted by the Christian Science Society to rezone property located on the northwest corner of W. 3,:,d and So. N Streets from Zone R-2 ~::;:.) Zene 0-1 to accommodate the erection of an addition to their existing church buildings, the hearing is l":.OW open. The City ClerIc l~eported no \11'1 tten protests VIere filed 2.nd upon invitation f)Y the l12.yor for protestants te speak, it was determined that there were no oral protests. On motion of Councilman Patterson, seconded by Councilman ~'ledeiros, and the unanimous vote of the Council, the public hearing Has closed. A proposed ordinance rezoning thi~ property appears later on the agenda. Reports On motion of Councilman Patterson, seconded by Councilman - Shirley, and the unanimous vote of the Council, the report of the Police Department, Poundrnaster and Justice Court for the month of June, 1959 were accepted and ordered filed. Resume of Planning Commission Meeting J\ppeal Action of Commission - John J. Tangney A report dated July 15, 1959 was received from the Planning Comrnission containing a resume of the action on use permit appli- cations taken by the Planning Comrnission at their meeting of July 15, 1959. 1'-54 JUl 2 0 1959 A communication dated July 17, 1959 was received from John J. Tangney appealing the action taken by the Planning Commission deny- ing his application for a use permit to raze the existing two story commercial building at 160-162 South J Street and erect a modern two story commercial building on the site. - Mr. Tangney is willing to contribute in the future on a ratable basis with other property owners and/or merchants to an off-street parking district for the downtown commercial area when such a district is formed. Mr. Tangney vias present at the meeting and discussed the matter with the Council. On motion of Councilman Patterson, seconded by Councilman Shirley, and by the following called vote, the conditional use permit was granted with the stipulation that satisfactory arrangements be made with the City Manager for the developer1s participation in an off-street parking district, and further 1. The property owner be required to participate in an off-street parking district to be formed in the downtown central business district 2. If a district is not formed in five (5) years the applicant will be required to pay an amount equal to the cost of the installation of the required spaces under the ordinance. Ayes--Councilmen McClaSkey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Report of Planning Commission Variance Application - I. Schuman A report dated July 15, 1959 was received from the Planning Commission recommending that the variance application submitted by I. Schuman from the parking requirements for a commercial development on W. 2nd Street between So. L and So. M Streets be granted. On motion of Councilman Medeiros, seconded by Councilman McClaskey, and by the fo~lowing called vote, the recommendation of the Planning Commission was accepted and the variance granted: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. ....... o >: ;J>. = u I I L..; r-"! I I U JULC1 n 1959 .<<~~ /j - '!'\ ;. Report from City Manager Re Retention of Private Counsel - AEC Contract Mr. Parness reported that a proposal has been submitted by a private legal consultant, Robert Andersen, regarding his re- tention for the purpose of negotiating an amended contract with the AEC for seVIer service charges. On motion of Councilman Shirley, seconded by Councilman Medeiros, and by the following called vote, r~. Andersen was employed subject to the terms as outlined in his letter: Ayes-- Councilmen McClaskey, Medeiros, Shirley and Mayor Nordahl; Noes-- none; (Councilman Patterson abstained from voting) Absent--none. City Manager Report Annexation Conditions for East Ave. Annex No.5 Mr. Parness reported that before proceeding with the circulation of the annexation petition for East Avenue Annex No. 5 (Nielsen Lane) it is. necessary that the City instruct the staff as to the imposition of the annexation fee and the City's bonded indebtedness. As to annexation fees, based on the $350. per acre, each parcel with an average of 6,000 square feet would be assessed an annexation fee of $50. Mr. Roy Jensen, owner of a portion of the property involved, was present and discussed the matter with the Council. Use Permit Application - Shell Oil Co. Service Station at 7th St. & East Ave. (Postponed) The matter of the use permit application submitted by Shell Oil Co. for a service station located on East Avenue and w. 7th Street was postponed to the meeting of August 3rd. Discussion on Fee Waivers for Community Hospital The Council again discussed the various fees involved in the development Of the Community hospital. The City Attorney reported that there is no provision in the Uniform Building Code or other fee ordinances of the City for the waiver of the Building Permit fee~. Regarding the sewer connection fee for the hospital, a motion was made by Councilman Shirley, seconded by Councilman r'ledeiros, to waive the sewer connection fee which is estimated at 4!)~ JUl 2 0 1959 jooo.) o ~ > = $4,350; the motion failed by the following called vote: Ayes-- Councilmen Medeiros and Shirley; Noes--Councilman Patterson and Mayor Nordahl; (Councilman McClaskey abstained from voting) Absent--none.. A motion was then made by Councilman Patterson, seconded by Councilman Shirley, to waive half of the sewer connection fees; the n motion passed by the following called vote: Ayes--Councilmen Patterson, Shirley and Mayor Nordahl; Noes--Counci1man Medeiros; (Councilman McClaskey abstained from voting) Absent--none. Regarding the storm drainage fee for the hospital, a motion was made by Councilman Shirley, seconded by Councilman Medeiros, ID assess 50% of the design figure as a storm drainage fee; the motion failed by the following called vote: Ayes--Councilmen Medeiros and Shirley; Noes--Councilman Patterson and Mayor Nordahl; ~ouncilman McClaskey abstained from voting) Absent--none. Mr. Hollis Bascom, representing the hospital committee, stated that they plan to develop only a portion of the property, so have decided to split the property into three parcels, and therefore the use permit application was withdrawn and another application I I L~...J will be submitted to the Planning Commission on a smaller portion of the property. Sale of Surplus Property The following resolution was read and introduced by Council- man McClaskey, seconded by Councilman Patterson, and by the folloWlng called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution ~111-59 RESOLUTION DECLARING D- TRACTOR AS SURPLUS PROPERTY Authorize Execution of Indenture with Southern Pacific Railroad Co. The following resolution was read and introduced by Council- n ----.J man Shirley, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #112-59 RESOLUTION AUTHORIZING THE EXECUTION OF AN INDENTURE (Southern Pacific Co.) .\<;. ""...lioI>lOlJi,_,"" '., q n 1959 ,,""'~ /l~' : :' "Ii {, Accept Easement for Roadv-lay Purposes from North American Title Guaranty Co. The following resolution was read and introduced by Councilman Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent-- none; Absent--none. Resolution #113-59 EASEMENT FOR ROAm'iAY PURPOSES OVER PROPERTY ADJACENT TO SUNSET DRIYE AND LOTS 22 & 23, TRACT 2028 i Accept Easement for Sanitary SeViers fpom North ,~1erican Title Guaranty Co. The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Patterson, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #114-59 EASE~lliNT FOR SANITARY SEWERS Accept Easement for Roarn1ay Purposes from North i\merican Title Gty Co. -Lots 48 & 69, Tct. 2028 Tne following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by. the follovling c<:1,lled vote 1;/aS passed: Ayes --Councilmen McClasl{ey, r.1edeiros, Patterson, Shirley and Mayor Nordahl; No~s--none; Absent--none. Resolution #115-59 EASEMENT FOR ROADWAY PURPOSES OF LOTS 48 AND 60 OF TRACT 2028 Accept Grant of Easement for Drainage of ',later from North American T~tle Guaranty Co. The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following called vo~e vlaS passed: Ayes --Councilmen McClaskey, f1ledeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution #116-59 EASEMENT FOR DRAINAGE OF WATER FROM TRACT 2028 Proposed Ordinance iID1ending Ord. #191 Christian Science Society - W. 3rd & So. N sts. A proposed ordinance amending Ordinance No. 191, rezoning property on the northwest corner of W. 3rd and So. N Streets was given a first reading and on motion of Councilman Patterson, seconded by Councilman Medeiros, and by the following called vote, was ordered filed: Ayes--Counci1men IJIcClaslcey, Ivledeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. 45H JUl 2 0 1959 Communications Communication dated July 15, 1959 was received from the San Francisco Bay Area Rapid Transit District regarding a meeting to be held Friday, August, 7, 1959 at the County Courthouse. The City Manager was instructed to see that someone attends. A communication dated July 3, 1959 was received from the Board of Directors, Recreation-District enclosing a copy of the Citizens' Committee report on recreation. A study session with the- Recreation District for discussion of this report was proposed for September 14th. A communication dated July 10, 1959 was received from Edmund G. Brown, Governor of the state of California regarding the problem of the selection of a site for the state college in Southern Alameda County. On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the City Manager was instructed to draft a letter to be sent to the Governor and state Public Works Board regarding the selected site for the state college. A communication dated July 9, 1959 was received from R. C. Maninger, Librascope, Inc. regarding expreSSion of appreciation to the City of Livermore and Chamber of Commerce. A copy~ the Board of Supervisors Resolution No. 90786 regard- ing the improvement of Railroad Ave. Complaints on Midget Car Racing Councilman Patterson reported he has had complaints regard- ine the midget car racine at the High School parking lot. On motion of Gouncilman Patterson, seconded by Councilman McClaskey, and the vote of the Council, the City I1anager was instructed to direct a letter to the High School to make them aware of these complaints. Adjourn On motion of Councilman r-1edeiros, seconded by Councilman Patterson, and the unanimous vote of the Council, the meeting adjourned at 11:10 P. M. APPROVED: . ATTEST~ y'~ o?!:Jr ~ l ler ,. Livermore, AUG 3 1959 ~ o :>< cz;;.. = n ,--.-J n L-.J n ~ AUG ~ 10~~ 4[) q Regular Meeting, August 3, 1959 A regular meeting of the City Council was held on Monday evening, August 3, 1959 in the Library of the Livermore Union High School. The meeting, was called to order at 8:07 P. M. " Roll Call: Present--Councilmen McClaskey, Medeiros" Patterson, Shirley and Mayor Nordahl; Absent--none. Minutes On motion of Councilman Medeiros, seconded by Councilman Patterson, and the unanimous vote of the Council, the minutes of the adjourned regular meeting of July 20, 1959 was approved as mailed. Public Hearing - Annexation of East Avenue Annexation No. 4 This being the time and place as established for the hearing of protests to the annexation of that certain uninhabited territory to be known as East Avenue Annex No.4, the hearing is now open. The City Clerk reported that there were no written protests to the above outlined annexation and upon invitation by the Mayor for protestants to speak, it was determined that there were no oral protests. The City Attorney reported that all annexation agreements with property owners in the annexation had been executed. On motion of Councilman Shirley, seconded by Councilman Patterson and the unanimous vote of the Council, the public hearing was closed. Reports On motion of Councilman Medeiros, seconded by Councilman Patterson and the unanimous vote of the City Council, the annual report of the Library and the Fire Department report for the month of June, 1959 were acknowledged and ordered filed. Resume of Planning Commission Action on Use Permits A report was received from the Planning Commission containing a resume of the Planning Commission's action on use permits at their meeting of July 28, 1959. No action was taken. 4-tiU AUr, 9 1959 Proposed Amendment to Garbage Contract At this time the Council discussed the proposal submitted by Liv- ermore Disposal Co. relating to an amendment to the existing contract with the City fo~ g~rbage and refuse disposal. Mr. Figone of Liyermore Disposal Co. was present at the meeting and stated that he wished to clarify one point in the propo.sal, that is, if at the end of 5 years the Council feels that the present rate for collection is unjust, either too low or too high, adjustments can be made in either direction. On motion of Councilman Medeiros, seconded by Councilman Shirley and by the following called vote the request for an amendment to the existing contract was denied: Ayes--Councilmen McClaskey, Medeiros and Shirley; Noes--Councilman Patterson and Mayor Nordahl; Absent--none. Use Permit Review (Shell Oil Co~ - James Duncan, et al) .The matter of the use permit application submitted by Shell Oil Co. and James Duncan, et al for a service station on the southwest corner of 7th. and East Avenue was postponed to this meeting for decision. Mr. Earl Odell, representing the applicant stated that if the application were to be denied, and the area proposed for ,the widening of East Ave. was -taken from said property, the applicant would be denied the use of his land. In such case, Mr. Odell stated that he had been authorized to take the matter to court. After some discussion as to the possible abandonment of ~~ple st. south of 7th. Street, one-half of which would revert to the .subject prop- erty thereby adding area to the lot, a motion by Councilman Medeiros, seconded by Councilman McClaskey to accept the recommendation of the Planning Commission received the following called vote: Ayes--Councilmen McClaskey and Medeiros; Noes--Councilmen Patterson, Shirley and Mayor Nordahl; Absent--none. A motion to deny the application as submitted was made by Council- man Patterson, seconded by Councilman Shirley received the following called vote; Ayes--Councilmen Patterson, Shirley and Mayor Nordahl; Noes--Councilmen McClaskey and Medeiros; Absent--none. ~ o >:: > = n , I Ii L..,..i .------, I I , I I...J AUG 3 1959 461 Approve Construction Plans Tract 2056 - Livermore Development Co. The above named tract is existing partly within the City of Livermore and partly in the proposed East Ave. Annex No.4. In order that the developer may proceed, and since the contractor has posted all the necessary bonds, si~ned his annexation fee agreement, and the tract map has been reviewed and approved, the following resolution was read and introduced by Councilman Shirley, seconded by Councilman Medeiros and by the following called vote was passed: Ayes--Council- men McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes-- none; Absent--none. Resolution #117-59 APPROVING CONSTRUCTION PLANS FOR TRACT NO. 2056 Further, on motion of Councilman Shirley, seconded by Council- man Patterson, the City Council unanimously approved the bid submitted by the developer re the installation of sanitary sewers by San Leandro Pipe Co. in an amount of $4,168.25. street Name Changes The following resolution was read and introduced by Council- , . man Medeiros, seconded by Councilman Patterson and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution No. 118-59 RESOLUTION DESIGNATING CHANGE OF NAME OF STREETS IN THE CITY OF LIVERMORE TO FAC- ILITATE THE ADOPTION OF A NEW HOUSE NUMBER- ING SYSTEM AND DELETING ALL EAST AND WEST DESIGNATIONS Request for Release of Claim (Hilp and Rhodes) The following resolution was read and introduced by Councilman Patterson, seconded by Councilman Medeiros, and by the following called vote ~was passed: Ayes--Cpuncilmen McClaskey, Medeiros, Patterson,. Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution 119-59 RELEASE OF CLAIM AGAINST HILP & RHODES FILED BY ARMCO DRAINAGE AND r1ETAL PRODUCTS, INC. (section l192.1 (f) of CODE OF CIVIL PROCEDURE 462 AUG 3 1959 t-'o Q :>< > = Absence of Mayor from state The following resolution was read and introduced by Councilman Patterson, ~econded by C~uncilman Shirley, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Resolution No. 120-59 RESOLUTION GRANTING LEAVE OF ABSENCE TO MAYOR n I . Proposed Ordinance re House Moving A proposed ordinance relating to requirements for house moving in the City of L1vermore was given a first reading and on motion of Council- man Shirley, seconded by Councilman Patterson, and by the following called vote was ordered filed: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absent--none. Proposed Ordinance - East Avenue Annex No.4 A proposed ordinance annexing that certain area known as East Avenue Annex No. 4 was given a first reading and on motion of Councilman McClaskey, seconded by Councilman Medeiros and by the following called vote was ordered filed: Ayes--Councilmen McClaskey, Medeiros, Patterson Shirley and Mayor Nordahl; Noes--none; Absent--none. .~ Adopt Ordinance amending Ordinance 191 Christian Science Society - Church addition. On motion of Councilman Patterson, seconded by Councilman McClaskey and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman Patterson, seconded by Councilman McClaskey, and by the following called vote, the ordinance amending Ordinance No. 19l was passed and adopted: Ayes--Councilmen McClaskey, Medeiros, Patterson, Shirley and Mayor Nordahl; Noes--none; Absmnt--none. ORDINANCE NO. 418 AN ORDINANCE AMENDING OlIDINANCE NO. 19l ENTITLED n AN ORD- INANCE PROVIDING FOR THE-CREATION WITHIN THE INCORPORATED AREA OF THE CITY OF LIVERMORE OF CERTAIN ZONES AND IN THE SEVERAL ZONES THEREBY CREATED DESCRIBING THE CLASSES OF BUILDINGS" STRUCTURES AND IMPROVEMENTS: REGULATING" RESTRICT- ING AND SEGREGATING THE LOCATION OF DWELLINGS" APARTMENTS, TRADES" BUSINESSES" AND INDUSTRIES.AND OTHER SPECIFIED USES; REGULATING AND LIMITING THE HEIGHT AND BULK OF BUILDINGS AND STRUCTURES AND THE AREA OF BUILDING SITES COVERED THEREBY AND PROVIDING FOR .BUILDING AND USE PERMITS; DEFINING.THE TERMES - USED HEREIN; PROVIDING FOR THE ENFORCEMENT AND AMENDMENT OF SAID ORDINANCE: PROVIDING PENALTIES FOR ITS VIOLATION" n BY AMENDING PARAGRAPH THREE OF SECTION THREE THEREOF. ,..-, , , AUG;; 1959 463 CommWlications A commWlication from the Society for the Prevention of Cruelty to Animals re animals Wlsuitable for pets~ and a proposed ordinance for consideration by the City. On motion of Councilman Shirley, seconded by COWlcilman Medeiros and the unanimous vote of the Council this matter was tabled. A communication from the League of California Cities re the re- apportionment of theSenate of the state of California was read and ordered filed. A communication rrom the Ca1~fornia Highway Commission with notification of the hearing date on a freeway location between Scotts Corner and Highway 50 to be held on September 25, 1959 at the Veterans Memorial Building, Livermore at lO a.m. Mayor Nordahl will be present to outline the City's view in this matter. Junction Ave. Park Renamed The Livermore Lions Club requested that the City Council consider naming the park at Junction Ave. "Paul E. Dolan Park" honoring Dr. Paul Dolan who was the first Park Commissioner for the City as well as a civic leader in our City. On motion of Councilman Patterson~ seconded by Councilman Medeiros~ the Council voted unanimously to accept said recommendation and name the park f1Paul E. Dolan Parkll. payroll and Claims Sixty-four payroll claims and forty-eight claims amounting to a total of $108,239.70 were presented, and on motion of Councilman Patterson, seconded by COWlcilman Shirley, and by the following called vote were ordered paid as certified by the City Manager: Ayes--Council- men McClaskey, Medeiros, Patterson~ Shirley and Mayor Nordahl; Noes-- none; Absent--none. Recess On motion of Councilman Medeiros and the unanimous vote of the City Council, the meeting recessed until Monday evening, August 17, 1959 at 8 o'clock p.m. APPROVED-j."~ [):)( ~TTEST: ,/ Mayor ! Li vermore, California t\IIG 1 y/ 1959 /~~~ "~ City, lerk ( . 464 AUG 1 7' 1959 ~ o >e > = Ad~ourned Re~lar Meeting, August 17, 1959 An adjourned'regularmeeting of'the'City'C6uncilwas'held on Monday evening, August l7, 1959, in the Libbary of the Livermore Union High School. The meeting was called to order at 8:25 P. M. , Roll Call: Present--Councilmen Medeiros, Shirley" and"'Mayor Pro-tempore McClaskey; Absent--Counci1man Patterson and Mayor Nordahl. f--;] U Minutes On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unaliimous vote of the Council, the minutes of the regular meeting of August 3, 1959 were approved as mailed. Public Hearing - Annexation of "Pacific Avenue Annex" This being the t~e and place as established: for the hearing of protests to the annexation of that certain uninhabited territory known as "Pacific Avenue Annex" to the City of Livermore, the hear- ing is now open. The City Clerk announced there were no written protests to the above outlined annexation and upon invitation by the Mayor Pro-tempore for protestants to speak, it was determined that there were no oral protests. n I I I i~ On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the~public hearing was closed. Public Hearing - Annexation of "Industrial Annex #2" . . . This being the time and place as established for the hearing of protests to the annexation of that certain uninhabited territory known as "Industrial Annex #2" to the City of Livermore, the hearing , . ...... . is now open. The City Clerk announced there were no written protests to the above outlined annexation and upon in~itation by the Mayor Pro- tempore for protestants to speak, it was determined that there were no oral protests. On motion of Councilman Medeiros, seconded by Councilman Shirley, and the ~ous vote' or the Council, the public hearing was ci:>sed. . I L.-! ; AUG 1 '7 1959 465 Reports On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, the reports of the Fire Department, Police Department and Poundmaster for the month of JUly, 1959 were accepted and ordered filed. -. . Report from Chamber of Commerce A communication dated August 5, 1959 was received from the \ Chamber of Commerce Board of Directors regarding their financial statement f'or the pe~iod f'rom'January 1, 1959 to June 30, 1959. This report was referred to the study session meeting of the Council next Monday evening. Resume of Planning Comrndssion Action of Use Permits Request for Review of Application of Lewis Parker A report was received from the Planning Commission containing a resume of the Planning CommiSSion's action on 'use permits at their meeting of August 11, 1959. A request for review of the application submitted by Lewis Parker for a TV and appliance repair service to .. be conducted at his home was filed by Councilman McClaskey, stating the subject of home occupations should~be reviewed by the City CounCil, and the granting of the request would establish a precedent not consistent with Council policy. On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, this matter will be considered at the study session of August 24th, with formal action to be taken at the regular meeting of September 8, 1959. , Report of Planning Commission Rezoning Application ~ J. MUrpher A report dated August 12, 1959 was received from the Planning Commission recommending the application for rezoning submitted by Joseph L. MUrphey of property located on the east side of Holmes -. Street to accommodate multiple dwellings. On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, this matter was set for public.hearing on September 8, 1959.' 406 AUG 1 7 1959 ~ o ::><: :&> = Proposed Zoning'Ordinance Referred Back to Planning Commission After making extensive revisions to the proposed zOning ordinance, on motion of Councilman Medeiros, seconded by Council- man Shirley, and the unanimous vote' of the Council, the proposed zoning ordinance'and zoning map were referred back to the Planning Commission for pUblic hearing and final recommendation. Appointment of Director of Public Works On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the CounCil, Mr. "Daniel Lee was appointed to the position of Director ot Public Works. . '. . - Applica. tiori for Exempt.. License to Solicit Guiding Star Rescue Mission (Denied) An application for an exempt solicitors permit was submitted by the Guiding Star Rescue Mission. The Council felt that although I n this is a qualified charitable organization, their location is in another City and any contributions derived from our citizenry would be 'used to benefit solely the residents of another City, and on motion of Councilman Shirley, seconded by Councilman ~deiros, and by the following vote, the application was denied: Ayes-- Councilmen Medeiros and Shirley; Noes--Mayor Pro-tempore McClaskey; Absent--Councilman Patterson and Mayor Nordahl. Application for Exempt Business License Explorer Scouts, Post 906 An application for an exempt business license tee submitted by the Explor~r Scouts, Post 906 for the painting of house numbers n L on curbs. On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote ot the CounCil, the~application was approved and the issuance of an exemPt license was a.uthorized. Grant Extension for Completion of Improvements in Tract 19l0 - Sanland, Inc. A communication dated August ll, 1959 was received trom the L1 vermore Sanitarium requesting an extension of 60 days for the completion~of the improvements in Tract 1910 (Sanland, Inc.). n U t\lJG 1 7 1959 467 On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, an extension of 60 days was granted to Sanland, Inc. Accept Agreement and Bonds Traat 206l - Braddock, Logan & Valley George C. Riek, Civil Engineer, Department of Public Works, reported on this proposed Tract 206l, and of the installation of poured in place pipe for storm drainage. This type of pipe for storm drainage is on a trial basis only and its installation in any other tract will be reviewed by the Public Works Department. The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: Ajes--counciimen Medeiros, Shirley and Mayor Pro-tempore McClaskey; Noes--none; Absent--Coun~ilmen Patterson and Mayor Nordahl. Resolution Il2l-59 RESOLUTION ACCEPTING AGRtEMEN'l' AND BONDS FO~ . IMPROVEMEliTS' TO TRACT, 2061 Approve Subdivision Map Tract 206l - Braddock, Lo~an & Valley The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen Medeiros, Shirley and Mayor Pro-tempore McClaskey; Noes--none; Absent--Councilman Patterson and Mayor Nordahl.' Resolution #122-59 RESOLUTION APPROVING MAP OF THE ., $UBD::rv:tSIO}t.'Q:F,'_~C'1' go6~ " Authorize the Advertisement'for Bids for Pickup Truck - Poundmaster The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen Medeiros, Shirley and Mayor Pro-tempore McClaskey; Noes~~none; Absent--Counci~ Patterson and Mayor Nordahl. Resolution~23-59 ' RESOLUTION AJX)P'1'J.NG SPEC CATIONS AND DIRECTING . THE CumK. TO ADVER'nSE' VCR BIDS _ 46~ AUG 1 7 1959 Authorize Execution of Agreement for Engineering Services - Wilsey and Ham The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councllmen Medeiros, Shirley and Mayor Pro-tempore McClaskey; Noes--none; Absent--Counci1man Patterson and Mayor Nordahl.' Resolution #l24-~ RESOLU'fiON AUTHORIZINC ~ . TION OF AGREEMENT FOR ENGINEERING' SEanCES' FOR. THE ANALYSIS OF SITE : "', ",I~RQ~T~:9Q~T~_i'OR" ~ .,~QRT,_$:ITE:'," . , -,. . ..,., ,. I Authorize - EXecutioii:coi' Agreement" 'with " Robert T. Anderson, Attorney at Law The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen ~deiros, Shirley and Mayor Pro-tempore McClaskey; Noes--none; Absent--Councilman Patterson and Major Nordahl.' Resolution #125~5~ A RESOLUTION AUTHORIZnro. 'lmSSIGNING o,.O:F.AN.~g~'.t':. " Authorize EXecution or 'Contract with Allen's Ambulance Service The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: - , Ayes--Councilmen Medeiros, Shirley and Mayor Pro-tempore McClaskey; Noes--none; Absent--Councilman Patterson and Mayor lTordahl. Resolution 1126~ RESOLUTION AUTHORIZ:fNG CUTION OF .~q~T ,lJQR. ~~C~"$~VICl!: Accept Final" Improvementsiii Tract-i9B3 ((.,,"o"n.) The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilnien Medeiros, Shirley and Mayor Pro-tempore McClaskey; Noes--none; Absent--Councilman Patterson and Mayor Nordahl. Resolution #l27-59 RESOLUTION A8~~TING. ~ROVEJJJniTS IN TRACT 1983 !-it o ><= >- = n ~ r o D AIIG 1 7 1959 469 Accept Final Improvement in Tract 1942 The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Councilmen Medeiros, Shirley and Mayor Pro-tempore McClaskey; Noes--none; Ahsent--Councilman Patterson and Mayor Nordahl." Resolution ~128-59 RESOLUTION A~~P~~~ ,. ~MPR :yEMENtrs IN TRACT 1942 Authorize :Final Acceptance of Industrial Sewer Line The ~0110w1ng resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councllmen Medeiros, Shirley and Mayor Pro-tempore McClaskey; Noes--none; Absent--Councilman Patterson and Mayor Nordahl. Resolution gl29-59 RESOLUTION AUTHORIZIN. ft'J.fiAL ACCEPTANCE " ,",- OF INpus.TaJ;~.~ J:,~" ',. . ... , .. ... - .. Authorize Final Acceptance of 'East Avenue Street Improvements The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman Shirley, and by the following called vote was passed: Ayes--Counciimen Medeiros, Shirley and Mayor Pro-tempore McClaskey; Noes--none; Absent--Councilman Patterson and Mayor Nordahl. , Resolution #130-59 RESOLUTION OF AC(;}!;PTtN'CE OF EAST AVENUE IMPROVEMENT ~ADJ AGENT TO' E~ST AVENUE ELEMENTARY SCHoot " ., Change Street Name or'Rancho Avenue to El Rancho Drive The following resolution was read and introduced by Council- man Shirley, seconded by Councilman Medeiros, and by the following called vote was passed: Ayes--Councilmen Medeiros, Shirley and Mayor Pro-tempore McClaskey; Noes--none; Absent--Councilman Patterson and Maior Nordahl. Resolution #l31-59 RESOLUTION DE~IGNATING CHANGE OF NAME OF STREET IN THE, CITY OFLIVEBMORE 470 AUG 1 7 1959 Adopt Ordinance Regulating the Moving of Buildings an motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote' of the Council, the read1ng of the ordinance was waived. On motion of Councilman Shirley, seconded by Councilman Medeiros, and by the following called vote, the ordinance regulat- ing the moving ot buildings in the City ot Livermore was passed and adopted: Ayes--Councilmen Medeiros; Shirley and Mayor Pro-tempore McClaskey; Noes-:none; Absent--Counciiman Patterson and "Mayor Nordahl. ORDINANCE NO. 419 AN ORDINANCE REGULATING THE. MOVIHG OF BUILDINGS IN '!'HE CITY .OF ~:r~~~~...~PE~:Qfq.~' QRD;:tBANCEB...OR PARTS .,. ~ ~'. :..,.,Q'-,9RP.plAN~~. ~.,90~~IQ.")i~W*TH_" .~,. _.' . Adopt 6rdin~nce'APprovlng 'Artftexat1on' 'of' East Avenue Annex No.4 On motion of Councilman Medeiros, seconded by Councilman Shirley~' and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman Shirley, seconded by Councilman Medeiros, and by the following called vote, the ordinance approv- ing the annexation of East Avenue Annex No. 4 was passed and adopted: Ayes--Councilmen Medeiros, Shirley and Mayor Pro-tempore McClaskey;'Noes-':'none; Absent--Councilman Patterson and' Mayor Nordahl. ORDINANCE"NO. 420 AN ORDINANCE, APPROVING ANNEXATION ENTITLED $AST . AVJ.bWE . ANNEX NO.,' 4 Proposed Ordinance AMending BUsiness License Ordinance A proposed ordinance amending Business License Ordinance No. 415 was given a fi~st reading and' on motion of Councilman Shirley, seconded by Councilman Medeiros, and by the following called vote, was ordered filed: . Ayes--Councilmen Medeiros, Shirley and Mayor Pro-tempore McClaskey; Noes--none; Absent--CouncilMan Patterson and Mayor Nordahl. Proposed Ordinance Approving Annexation of Industrial Annex No. 2 A proposed ordinance approving the annexation of Industrial Annex No. 2 was given a first reading and on motion of Councilman ~ o :>< >- = o o o "W~ 1 '"I 10q 4"11 Medeiros, seconded by Councilman Shirley, and by the following called vote was ordered filed: Ayes--Councilmen Medeiros, Shirley and Mayor Pro-tempore 'McClaskey; Noes--none; Absent-- Councilman Patterson and Mayor Nordahl. Proposed Ordinance Approving Annexation of Pacific Avenue Annex A proposed ordinance approving the annexation of Pacific Avenue Annex was given a first reading and on motion of Councilman Medeiros, seconded by Councilman Shirley, and by the following called vote, was ordered filed: Ayes--Councilmen Medeiros, Shirley and Mayor Pro-tempore McClaskey; Noes--none; Absent--Councilman Patterson and Mayor Nordahl. Communications A communication was received from the Alameda County water Resources Committee with a request for donation regarding the South Bay Aqueduct groundbreaking ceremonies. On motion of Councilman Shirley, seconded by Councilman Medeiros, and the unanimous vote of the Council, the Finance Director was authorized to draw a check payable to the committee in the amount of $25.00 for the ground breaking ceremonies. " A communication dated August 3, 1959 was received from the Department of Public Health with notification of a continued declaration ot'Alameda County as a rabies area. A copy of a communication to the Joint Alameda County Admission Day Committee from the Chamber of Commerce regarding the disposition of this matter referred to the Chamber by the City. A communication dated August 8, 1959 was received from the Brotherhood of Painters, Decorators and Paperhangers of America . . regarding civil service employees. Communications regarding the proposed State College were received from the County of Alameda, County of San Joaquin, City of San Leandro and City of Union City. ,. A communication dated August 7, 1959 was received from the Livermore School Distr~ct with a request for a report on property 4tl2 AUG 1 '7 1959 on the east side of Amling-DeVor Lane as a school site. This was referred to the Planning Commission with a request to transmit its advice on this matter for Council re~iew. A communication dated August 7, 1959 was received from John J. Tangney regarding conditions for off-street parking im- posed as a condition of a recently granted use permit. A communication dated August 10, 1959 was received from the Grand Parlor, Native Sons of the Golden West with an in- vitation to attend. a celebration of the Admission of California to statehood on September 9, 1959 in Santa Rosa. The City Clerk was instructed to inform them that. the city will be .'unable to attend. A communication dated August lO, 1959 was received from McCutchen, Doyle, Brown and Eriersen regarding the application of the California water Service Co. for an increase in water rates filed before the Public utilities Commission. Payroll and Claims Seventy-eight payroll claims amounting to a total of $17,680:73 were presented, and on motion of Councilman Shirley, '. seconded by Councilman Medeiros, and by the following called vote, were ordered paid. as certified by the City Manager: Ayes-- Councilmen Medeiros, Shirley and Mayor Pro-tempore McClaskey; Noes--none; Absent--Councilman Patterson and Mayor Nordahl. , , Proposed Ordinance Regulating Swimming Pools The Council discussed the need for a more stringent ordinance regulating swimming pools. Mr. Parness was instructed to draft a proper ordinance. Set Public Hearing on Zoning Ordinance On motion of Councilman Medeiros, seconded by Councilman Shirley, and the unanimous vote of the Council, a public hearing on the zoning ordinance was set for October 5, 1959. Adjourn On motion of Councilman Medeiros, seconded by Councilman ,. ,~..." \. . ~ o ~ >- = 'I U ~ o 11;~1" 1 7 10J::q 470, /0',\.'.. :..:. . t'J' Shirley, and the unanimous vote of the Council, the meeting adjourned at 10:20 P. M. APPROVED: ~. () , . or Livermore, California -SFP ~ 1Q~q' . ***$*$*$*$*$*$*$*$*$*$*$*$*$*$*** 474 SEP 81959 Regular Meeting, September 8, 1959 A regular meeting' of' the ' City' Counc'iI . was . held ' on' Monday evening, September 8, 1959 in the Library of the Livermore Union High School. The meeting was called to order at 8: 00 P. M." Roll Call: Present--Councilmen McClaskey, Medeiros and Mayor Pro-tempor~ Patterson;" Absent--Councilman Shirley and Mayor Nordahl. Minutes On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, the minutes of the adjourned regular meeting of August 171 1959 were approved as mailed. Bids on Pickup Truck This being the time and place as set for the opening of bids for a l/2-ton Pickup Truck, on motion of Councilman McClaskey, seconded by Councilman Medeiros, and the unanimous vote of the Council, the acceptance of bids was closed. Bids were received from the following: 1959 Model 1960 Model Trade In of Old Truck $226.00 350.00 250.00 G. E. Dailey & Sons Bud Gestri Foj;d'Sales $ $178l.45 '. l700.00 1741.60 1713.92 , Jobrack Motors On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, these bids were referred to the City Manager for analysis and recommendation. . '. PUblic Hearing -'Rezoning Application Joseph Murphey - E. side of Holmes Street Notice having been published for a public hearing on the application for rezoning submitted by Joseph and Ethel Murphey of that certain parcel of land located on the east side of' Holmes Street for use of multiple dwellings, the hearing is now open. The City Clerk reported no written protests were filed and upon invitation by the Mayor Pro-tempore for protestants to speak, it was determined that there were no oral protests. ~ o ~ > = I-I I 'I '--' D n l..-J SFP ~ 19~q 475 On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, the public hearing was closed. Reports A statement of revenues and expend~tures for the period from July 1, 1959 to June 30, 1959 was presented for the Council's review. Resume of Planning Commission Action on Use Permits A report was received from the Planning Commission contain- ing a resume of the Planning Commission's action on use permits at their meeting of August 25, 1959. No action was taken. Report from P1anningCo~88ion Variance Application - R. A.Morrill (Withdrawn) A report and recommendation dated August 26, 1959 was re- ceived from the Planning Commission on an application for variance for the height requirements submitted by Robert A. Morrill, 1021 Canton Avenue to erect 2 wooden.~oles, 60 feet in height, to be used as antenna supports. The City Clerk also presented a letter from Mr. Morrill with a request for withdrawal of his application. Report of City Mana~er re Harmful Vegetation (Castor Trees) Mr. Parness reported on the complaint received regarding the existance of castor trees on certain private properties within the City. Health and medical authorities state that the fruit of these trees, the castor bean, is extraordinarily poisonous. The City Manager was instructed to prepare an ordinance controlling the growth or removal of any type of vegetation which is deemed to be toxic or in any way harmful. 478 SEP 8 1959 ,.... o :><: > = Appointment of Planning Director (Musso) On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, the appointment of George Musso as Planning Director was approved. Authorize Budget Amendment Mr. Parness reported that at the last study session meeting of the Council, informal approval was obtained to continue employment of a Public Works Inspector who has been on temporary appointment for the industrial sewer line construction. n '---' On motion of Councilman McClaskey, seconded by Councilman Medeiros, and the unanimous vote of the Council, the addition of one personnel to Dept. 10 thereby increasing their budget allotment in the amount of $5,876. was authorized. Approve Tentative Map of Tract 2098 (Sunset Dev. Co.) A report dated September 4, 1959 was received from the Planning Commission recommending approval of the tentative map of Tract 2098 subject to the recommendations of the Planning Staff and further recommendations of the Commission as outlined in their I I letter. Mr. George Riek explained the various recommendations on this tract to the Council. Mr. Parness recommended approval of the tentative map subject to the conditions as recommended by the Planning Commission with one exception to be noted. A portion of the sanitary sewer facility for this development is proposed to be located along an alignment planned for future street purposes for an adjoining tract. There is some possibility that this property may be acquired for elementary school purposes and in such an event this section of the sanitary sewer line would have to be relocated and increased in size. The Planning Commission has recommended that such possible relocation be made an obligation of the subdivider. Mr. Parness questioned tte legality and equality of such a provision. The only requirement that can be imposed by the Commission are those requirements for public works facilities to adequately service the subject develop- ment and any others adjacent thereto. If a foreign type of II .~ improvement were to occur at a date subsequent to the residential SfP 8 1959 477 l development, sueh improvement should be required to satisfy thejr own needs, therefore it is recommended that the provision requiring this developer to guarantee the possible future relocation of the subject segment of the sanitary sewer line be deleted. After some discussion by the Council on this proposed tract, on motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, the tentative map of Tract 2098 was approved subjeet to the recommendations and conditions as set forth by the Planning Commission with the exception of Section B, Item 4, which was deleted as outlined in the City Banager's recommendation. Report from Engineering Staff re Storm Drain Facilities Granada Village Geo~ge C. Riek, Associate Civil Engineer, reported on the proposed storm drainage facilities for the Granada Village area. The main channel is proposed to be developed as an open ditch rather than' with underground pipe structures. The staff has carefully reviewed the proposal and concedes that it is a reasonable compromise since this a11gnment would require the installation or a pipe size in excess of 60 inches. This proposed channel would be adequately protected on both sides by a chain link fence and I is situated on the westerly extremity of the residential develop- ment, thereby minimizing objectionable appearances. Internal I drainage lines would be constructed in accordance with our drainage plan_ and deposit into I this channel. The main problem concerned with this open ditch drainage would be a maintenance problem, weeds and trash. I I I If such storm drain facility is approved, a benefit district would be formed since the drainage system would serve an area of between 200 and 300 acres larger than the Granada Village improvement. After some discussion by the Council, on motion of Council- man McClaskey, seconded by Councilman Medeiros, and the unanimous vote of the Council, the proposed design of this drainage system was approved and the staff was instructed to finalize the 4"t'~ SEP 8 1959 description of the benefit area for Council approval. Set Public Hearing on Use Permit Application - Lewis Parker On motion of Councilman Medeiros, seconded by Councilman McClaSkey, and the unanimous vote of the Council, a public hearing was set for September 21, 1959 on the use permit application sub- m1 tted by Lewis Parker to do part time radio and TV repair in his home. Grant Extension ofnAppro\Tal for Tentative Map of ~act 1973 A communication dated September 3, 1959 was received fro: C. N. Fletcher requesting an extension of the apprpval of Tract 1973 tor an additional one-year period. On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, a one-year ex- ten"Sion from and atter September 8, 1959 was approved. . -' -. Application for 'Exempt Business License and Solicitors Permit - Welcome Wagon, Inc. . An application for an exempt business license and solicitors permit was submitted by Welcome Wagon, Inc. On motion of Councilman Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the CounCil, the application was approved and .the issuance of an exempt license and solicitor's permit was authorized. , . . Application for Exempt Solicitor's Permit Fairhaven Home & Hospital - Postpone An application tor an exempt solicitor's permit was sub- mitted by Fairhaven Home & Hospital, Sacramento, California to solicit business houses and professional people only, for"donations. On motion of Councilman McClaskey, seconded by Councilman Medeiros, and the unanimous vote ot the Council, this matter was held over to the next meeting when there will be a full Council. In the interim, the City Manager will secure more information regarding this type of operation. Adopt 1959-60 Tax Rate The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman McClaskey, and by the following ,.... o ><: ~1o = o r -~ ~r:P 8 1959 479 I' called vote was passed: Ayes--Councilmen McClaskey, Medeiros and Mayor Pro-tempore Patterson; Noes--none; Absent--Councilman Shirley and Mayor Nordahl. Resolution #l32-59 RESOLUTION SETTING CITY OF L~ vliliMORE TAX,~RATE FOR. FISCAL, YEAR'l959-60 . , Inadequate Airline Schedules at Metropolitan Oakland Airport The following resolution was read and introduced by Council- man Medeiros, seconded by Councilman McClaskey, and by the following called vote was passed: Ayes--Councilmen McClaskey, Medeiros and Mayor Pro-tempore Patterson; Noes--nonej Absent--Councilman Shirley, and Mayor Nordahl. Resolution #133-59 RESOLUTION CONG.I1tlliING INAD~QUATE AIRLINE SCHEDULES AT METROPOLITAN OAKLAND.INTERNATIONAL AIRPORT, Adopt'ordinance Amending Business License Ordinance On motion of Councilman McClaskey, seconded by Councilman Medeiros, and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman McClaskey, seconded by Councilman Medeiros, and by the following called vote, the ordinance amending Business License Ordinance No. 415 was passed and adopted: Ayes-- Councilmen McClaskey, Medeiros and Mayor Pro-tempore Patterson; Noes--nonej Absent--Councilman Shirley and Mayor Nordahl. ORDINANCE NO. 42l AN ORDINANCE AMENDING ORDINANCE NO. 415 BY ADDING THERETO THREE NEW,SECTIONS TO BE NUMBERED 25..la 25.3a AND 25. 26a,. AND ,~DING SECTION NO. 25.l~ THEREOF, .AND REPEALING ALL .0RDDiMtCES AND PARTS OF ORDINANCES, IN CONFLICT T~lUl:WITH. - . ~ -. " ' , Adopt Ordinance Approving Annexation of Industrial Annex #2 On motion of Councilman McClaskey, seconded by Councilman Medeiros, and the unanimous vote of the Council, the reading of the ordinance was waived. On motion of Councilman McClaskey~ seconded by Councilman Medeiros, and by the following called vote, the ordinance approving the annexation of Industrial Annex No. 2 was passed and adopted: Ayes--Councilmen McClaskey, Medeiros and Mayor Pro-tempore PatterSOlj Noes--none; Absent--Councilman Shirley and Mayor Nordahl. 4~O SEP 8 1959 ~ o :x: > = ORDINANCE BO. 422 , . AR ORDINANCE APPROVING ANNEXATION ENTITLED INDUSTRI4J:, ANNEX NO. . 2 Adopt Ordinance "Approvin.g"Annexatlon of Pacific Avenue Annex On motion of Councilman McClaskey, seconded by Councilman Medeiros" and the unanimous vote of the Council, the reading of the ordinance was waived. n On motion of Councilman ~cClaskey", seconded by Councilman Medeiros, and by the following called vote, the ordinance approving ,the annexation of Pacific Avenue Annex was passed and adopted: Ayes--Councilmen McClaskey, Medeiros and Mayor PrQ-tempore Patterson; Noes--none; Absent--Counci~n Shirley and Mayor Nordahl. ORDINANCE NO. 423 AN ORDINANCE APPROVING ANNEXATION ENTITLED PACIFIC AVENUE ANNEX . " . . ...,. " Communications A communication dated August 17, 1959 was received from the Governor of the State of California regarding the State College site. A communication dated August l4, 1959 was received from Francis Dunn, Alameda County Board of Supervisors regarding the I~ I I I : . highway construction program on the Federal level. A communication dated August 31, 1959 was received from Clair W. M8.cLeOd, President of the .San Francisco Bay Area Rapid Transit District with an ~nformal progress report on the activities . , of the Transit.Dis~rict. . A communica~ion dated August 26, 1959 was received from Thad B. McCarty, President of the Childrens Hospital of the East Bay with an invitation to the City Council to attend the dedication of the research laboratory on Sept. 10, 1959. Payroll and Claims One hundred forty-eight payroll claims and forty-eight claims amounting to a total of $54,043.68 were presented, and on motion of Councilman Medeiros, seconded by Councilman McClaskey, and by the following called vote, were ordered paid as certified by the City Manager: Ayes--Councilmen McClaskey, Medeiros, and Mayor II l:':'t'. ,C'1, 1959 4Rl .,: -- . L Pro-tempore Patterson; Noes--none; Absent--Councilman Shirley and Mayor Nordahl. Recess I On motion of Councilman, Medeiros, seconded by Councilman McClaskey, and the unanimous vote of the Council, the meeting recessed until Monday evening, September 2l, 1959 at 8 o'clock P.M. APPROVED: ~.,~ 0. -y ~'l'l'EST: e>-flfr~!rr'Jt,-<,l _ yor , t ler I ' Livermore, California . **#*#*#*#*#*#*#*#*#*#*11*11*11*11*#** ,.... - - - ,.... ,- I !