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HomeMy Public PortalAboutCC MINS 1979 Regular Meeting of January 8, 1979 A regular meeting of the Livermore City Council was held on Monday, January 8, 1979, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Turner. ROLL CALL Present: Cm Dahlbacka, Ebert, Kamena (seated during Open Forum) , Staley, and Mayor Turner Absent: None PLEDGE OF ALLEGIANCE Mayor Turner led the councilmembers as well as those present in the audience in the Pledge of Allegiance. MINUTES -.12/11/78, 12/18/78, 12/26/78 ON MOTION OF CM DAHLBACKA, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, THE MINUTES OF THE REGULAR MEETING OF DEC. 11 AND 18, AND THE SPECIAL MEETING OF DEC. 26, 1978, WERE APPROVED AS SUBMITTED. OPEN FORUM R. Faltings, 1018 Via Granada, asked if it wasn't advisable for Council to begin considering an ordinance pertaining to elected Mayor procedures. Mayor Turner explained the Council has discussed the item already but would continue discussion on it within the next sixty days. It is slated as an agenda item for the meeting of Janu- ary 22. . Mr. Faltings congratulated the Park and Tree Dept. on the excellence of their leaf removal work this year. He also asked for the City to plan for the reopening of the bike path under Holmes St. which is currently flooded. Mayor Turner pointed out that a channel change to prevent flooding would cost about $25,000 and that it would be considered at budget time although it had at present a low priority. INTERFAITH HOUSING INCORPORATED REQUEST Interfaith Housing requested a three month extension in which to ini- tiate the acquisition of land adjacent to the Hillcrest Gardens site. If an acquisition program is not underway in April 1979, the funds will be available for other HCD Block Grant activities. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE FUNDING AUTHORITY WAS EXTENDED TO'APRIL, 1979. CITY MANAGER'S REPORT Mr. Horner stated that he had no special report to make at this time. His reports are incorporated in the contents of the agenda. RE TENT. TRACT MAP 4165, SPRINGTOWN INVESTORS/ TRANS-ACTION BROKERS A report was received from the Planning Commission regarding Tentative Tract Map No.. 4165, Springtown Investors/Trans-Action Brokers, to di- vide 4.9 acres into 5 lots. Their recommendation was that Council adopt a resolution approving the Tentative Tract Map based on the find- ings in the Planning Commission's Resolution No. 109-78. CM K~MENA MOVED TO ACCEPT THE PLANNING COMMISSION'S RECOMMENDATION, SECONDED BY CM STALEY. Bob Bisno, representing Trans-Action Brokers, the developer, stated that he had reviewed the recommendations of the Planning Commission and had basic problems with the recommendation pertaining to the re- paving on the northernmost U-shaped drive. The major problem, he said, was the cost. An alternate plan had been developed to continue to run it as a rental project. CM-36-1 January 8, 1979 (Re Tent. Map 4165) In reply to Cm Ebert's inquiry, Mr. Bisno stated that the developer was aware at the beginning of the project that some repaving would be required but was unaware of the magnitude of the cost. Gil Barbee of Barbee & Archer, representing the applicant, suggested removing and replacing only the area of pavement which had broken down and resealing it with a seal coat. Dan Lee, Director of Public Works, commented that the entire area of pavement needs to be brought up to standard so it will carry the traffic. If the developer was to undertake a repair project such as that suggested by Mr. Barbee, it would have to be in conjunction with a soils engineer's investigation to be able to demonstrate that it will be up to standard. em Staley noted that the Planning Commission condition states only that the pavement shall be designed for structural adequacy based on soil tests and that the minimum traffic index shall be 4.5; it does not state that the existing pavement must be removed. At the request of the developer, the item was put over for two weeks to give the developer time to meet with staff and a soils engineer to determine what type of work will be adequate on the road to bring it up to standard. em Ebert asked Mr. Lee to bring back to Council an explanation of what a traffic index of 4.5 is and how it relates to other surfaces. Cm Staley asked if there were some fees required under the condominium conversion ordinance. Cm Dahlbacka expressed his concern with future maintenance since the asphalt area is a common drive. Mr. Nies, Planning Director, noted that he would look into the matter. Mr. Lee indicated that the traffic index of 4.5 in very low, even less than a cul-de-sac requirement, and the problem is that if they're not designed properly they will deteriorate. RE MURRIETA BLVD. GRADE SEPARATION AND TRACK CONSOLIDATION PROJECT A report was received from the Public Works Director regarding the Murrieta Blvd. Project in reference to an agreement for engineering services with Deleuw and Cather, a resolution authorizing execution of a PUC Project Application, and the draft EIR. Cm Staley asked how DeLeuw Cather were selected for this bid without a public bidding process, and what their performance was on the orig- inal Railroad Relocation Project. Mr. Lee indicated that DeLeuw Cather has worked with the jurisdictions and the railroads from the conceptual stage on this particular project and assisted in the early stages so are very familiar with it. The representatives from the County, Pleasanton, and Livermore felt that they were most qualiifed since they had done most of the ground work on the project. Mr. Lee felt that they had done an excellent job on the original Railroad Relocation Project, considering the complexity of the entire project. Gary Reiners, City Attorney, noted that the Bidding Ordinance has not been amended and does require public bids for expenditures of over $5,000 for all types of goods and services. CM-36-2 January 8, 1979 (Re Murrieta Blvd. Project) Cm Staley expressed concern that architects and professional services were not going through the competitive bid process but were being grand fathered in by getting to work on the project to start with and then getting recommended and being accepted for the bid. He added that at times that may be necessary but he would like a clarification of that process. Mr. Lee stated that DeLeuw Cather did the engineering on the original Railroad Project and at the early stages of that project they had done the preliminary design for the Murrieta Underpass, about 25-30% of the complete design. The concept for this project, he added, to consol- idate the railroads from Sunol to Murrieta Blvd. was developed by Bob Barton, the representative of DeLeuw Cather, who did the ground- work before there was any money expended by the City of Livermore. Mr. Barton, he felt, is really an expert in matters pertaining to railroad design. Mr. Lee did not feel that the bid process had been bypassed; he felt that it was a continuation as far as the Murietta Project was concerned. Cm Dahlbacka asked how the bidding process could be coordinated with the cooperative agreement between the County, the City of Pleasanton and the City of Livermore. Mr. Lee commented that the County and the City of Pleasanton have already approved the Cooperative Agreement, the City of Livermore being the only entity which has not approved it as yet. Cm Ebert said he would like to take another look at DeLeuw Cather's capabilities and at the bidding process. Cm Staley commented that though this project has been under discussion for over a year, this is the first time that staff has asked the Coun- cil's opinion about who to retain as a consulting engineer. He wonder- ed how the other jurisdictions avoided the requirement of bidding, and added that he did not feel he was ready to vote on the proposed engin- eering agreement at this time. ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE COUNCIL AUTHORIZED THE CITY MANAGER TO EXECUTE THE PUC APPLICATION, AND CERTIFIED THE ENVIRONMENTAL IMPACT REPORT. It was the consensus of Council to ask for a staff report in two weeks regarding the reason DeLeuw Cather was chosen as the firm for the Engineering Services agreement, how the Council can support not going through the bidding process, and what the other jurisdictions did in regard to the bidding process. RESOLUTION NO. 1-79 A RESOLUTION OF THE COUNCIL OF THE CITY OF LIVERMORE, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO SIGN AN APPLICATION BY THE CITY OF LIVERMORE TO THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA FOR AN ORDER AUTHORIZING CONSTRUCTION OF A SEPARATION STRUCTURE UNDER THE MAIN LINE TRACK OF THE WESTERN PACIFIC RAILROAD COMPANY, FOR MURRIETA BOULEVARD IN THE CITY OF LIVERMORE. Lee Horner, City Manager, commented that the idea of strict competi- tive bidding had been discussed in the past and the Council will have before it, shortly an ordinance change that would modify that Some- what, so that the City would not be locked in to a strictly competi- tive bid where price is the only determinant. It will give the City a procedure to follow so that Council is aware that when professional services need to be selected, a track record will exist of how the recommendation was developed. CM-36-3 January 8, 1979 RE HCD 1979-80 FINAL URBAN COUNTY APPLICATION Barbara Hempill submitted for Council approval the County's 1979-80 Urban County Housing & Community Development application. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE COUNCIL APPROVED THE FINAL APPLICATION WITH THE RECOMMENDED ALLO- CATION OF FUNDS. RESO. RE SPECIAL ELECTION - HOUSING The County Registrar of Voters has indicated that Council must adopt the actual wording of the ballot proposition, and ballot argument, if any, for or against the proposed measure, by January l2. The election will be held on March 6, 1979. The ballot issue is to allow the City and the Housing Authority to apply for funds to build up to 250 dwelling units for low-income, elderly, blind, and handicapped persons. Council- members and members of the Housing Authority have reviewed the drafts of the ballot measure and the argument in favor of the proposal. Cm Ebert stated that he was not in favor of the wording of the draft or of the ballot proposal itself. His figures indicated that if Liver- more voters had to pay for it, it would cost every voter in Livermore $850 to pay for this project which may end up costing the taxpayer $l7 million. Mayor Turner indicated that he did not agree with Cm Ebert's figures, and pointed out that the argument in favor of the proposal states that part of our federal tax dollar is being spent on similar programs in other communities. em Staley noted that there is a need for this type of program in Liv- ermore, which can be financed at no cost to the local taxpayer. He felt that even if this program is not approved, it would still cost the Livermore taxpayer the same amount of money, the money being used to meet someone else's needs rather than the needs of Livermore. Cm Ebert felt that this program was not in the spirit of Proposition Thirteen and that tax savings should start at the local level. Gerald Richards, 538 Escondido Circle, member of the Housing Authority, mentioned that no particular type of housing program had been decided on, as yet, although there are a number of programs that will be ex- plored. One of the reasons for this kind of referendum is to get the authority to go out and speak to the various organizations and govern- ment agencies, in addition to private developers, who might have an interest in building projects of this type, or monies to apply. em Ebert indicated that he would like to write an ballot argument against the measure and a general discussion ensued regarding ballot argument procedures. R. Faltings, IOl8 Via Granada, felt there should be some discussion regarding where in Livermore these housing units would be built. Mayor Turner indicated that the Housing Authority and the City of Livermore will control the program and added that in the ballot argu- ment it states that units will be authorized in various parts of the city. Cm Kamena noted that he supported the process by which this election is being called and felt the result of the election, the input of the citizens, was very necessary. Mayor Turner felt that we have an obligation to undertake needed social projects and this would be an opportunity to do so under an authorized governmental program. CM-36-4 January 8, 1979 (Re Housing Election) ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE SPECIAL ELECTION WAS AUTHORIZED FOR MARCH 6, 1979. RESOLUTION NO. 2-79 A RESOLUTION CALLING A SPECIAL MUNICIPAL ELECTION ON MARCH 6, 1979 FOR THE PURPOSE OF SUBMITTING TO THE VOTERS THE QUESTION WHETHER A STATE PUBLIC BODY MAY DEVELOP, CONSTRUCT, OR ACQUIRE LOW RENT HOUSING UNITS IN THE CITY OF LIVERMORE. CM STALEY MOVED TO HAVE THE MAYOR SIGN THE BALLOT STATEMENT IN HIS OFFICIAL CAPACITY AS MAYOR OF THE CITY OF LIVERMORE, SECONDED BY CM DAHLBACKA. Cm Ebert asked if Council would authorize him to have a position on the ballot, since he held the minority Council position. Clarence Hoenig, 588 Tyler, said that the election code states that any organization that supports the ballot argument must have one of its principle officers as signatory; it does not say that unanimity has to occur in the organization supporting the argument. A general discussion followed regarding the signing of the ballot statement. RECESS Mayor Turner called for a brief recess to allow the City Attorney time to research who can sign and who can be in the Voter's Pamphlet. The meeting resumed with all members of the Council present. (Re Housing Election) The City Attorney reported that the Council can authorize any member of the Council to sign the ballot issue. In order for Cm Ebert to present a different viewpoint, signed by him, it must be authorized by the Council, which would guarantee its placement on the ballot. CM EBERT MADE AN AMENDING MOTION THAT HE BE ALLOWED TO WRITE AND SIGN THE OPPOSING BALLOT ARGUMENT, SECONDED BY MAYOR TURNER. Clarence Hoenig, 588 Tyler, urged the Council not to support Cm Ebert's amendment, since the figures which Cm Ebert has presented have not been proven to be correct. Cm Dahlbacka stated that Council has the right as an organization to take a stand by majority vote. He did not feel that it was proper to take a minority opinion of one and guarantee its standing. He felt it should go through the election code procedure. The City Attorney reiterated that if a Councilmember is authorized by Council, his title can be used to sign the argument, and that argu- ment has priority of placement in the Voters' Pamphlet. Cm Kamena felt that the base and figures proposed by Cm Ebert were incorrect in that the base would include more than just the voters of Livermore. The dollar amount would also vary, he felt, depending on the approach one used and the financing mechanism used. Cm Ebert indicated that he would like to put the issue on an individ- ual taxpayer basis so that it's understood how much would come out of each taxpayer's pocket if each person were asked to pay for this. on an individual basis. (h()..v~-'l 'Lv~Iv.~.;J.. v",-ct. cùJdY- CÎ-..oß. j}..Á d...cQ ./~- o.Á--u.¡Ý tß..;.. JJ:·r-..il--....-f tJ,o..t " ' , rJ (0 T· . Y ;'\,.--VI./IA.-<-..c-'>,A.. t..,,-,~ d. .')....Lur~ 1... 'h.. 0.-<1,. "'¡ .5 Ó t: Þ-<......... rX. ~;V~l? ,~.L"-'--'~·-1 I.:·h 0\--- ~ ~ J 7. ();~ t c --0 / ~" ~~,x ~."-'- cLâ _Æ Ctwrt l~ " ..., -' ~~Y¿-iZ~~rø".l~ January 8, 1979 (Re Housing Election) Mr. Richards stated that there were no revenue proposals involved in the project. Under normal circumstances, he added, projects like Leahy Square involve what amounts to a mortgage which is repaid over a lifetime of 30 or 40 years out of a combination of rent and sub- sidies. There normally are no bonds involved, he concluded. Mr. Hoenig pointed out that a part of the Housing and Community De- velopment Act is FHA Federally insured loans, a similar situation, he felt, in that money is paid back, not granted outright. THE AMENDING MOTION WAS VOTED ON AND PASSED 3-2, CM DAHLBACKA AND MAYOR TURNER DISSENTING. THE MAIN MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. REPORT - CITY MANAGER RE RUTH PROPERTY On January l7, the Zone 7 Board will discuss the possibility of pro- viding water and sewage facilites for the Keiser, Ruth et al devel- opment. Mr. Horner presented a report regarding the Ruth project for possible inclusion in the Council's position paper to be sent to Zone 7. em Staley commented that he understood that the proposal is for land spray for disposal of effluent, and he thought that requires consid- eration by the State Regional Water Quality Control Board. He added that since this proposal most directly affects the citizens of Liver- more, he would like to request that Zone 7 hold their meeting on the subject in the City of Livermore. Mayor Turner indicated that he had talked to the Zone 7 General Mana- ger who said that if there is an overflow crowd at the meeting, he would recommend to the Board that the meeting be postponed or put over to another date and the meeting held in larger facilities, per- haps in Livermore. Cm Staley said that he would like to make an official request to Zone 7 to hold the meeting in Livermore. Cm Dahlbacka felt the data on the financial impact should be ex- panded. CM STALEY MOVED TO ADOPT THE CITY MANAGER'S POSITION AS STATED IN HIS REPORT WITH THE INCLUSION OF THE UPDATES PERTAINING TO FINAN- CIAL IMPACT AND REFERRAL TO THE REGIONAL WATER QUALITY CONTROL BOARD, SECONDED BY CM DAHLBACKA. Mr. Reiners commented that he had been working on strictly legal ramifications of the entire subject and offered to discuss them with Council in executive session in the near future. It was the consensus of the Council TO INCLUDE IN THE MOTION A REQUEST FOR THE MEETING TO BE HELD IN LIVERMORE AND FOR SOME DIS- CUSSION ON THE COST OF THE LAVWMA PIPELINE TO THE CITY OF LIVERMORE. (Cm Kamena's comments are inaudible on tape.) INCLUDED IN THE MOTION IS THE DIRECTION THAT THE POSITION PAPER BE SENT TO THE ZONE 7 MANAGER AND EACH OF THE BOARD MEMBERS. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. CM-36-6 January 8, 1979 REPORT - CITY MANAGER RE SCHOOL CROSSING GUARDS The last meeting of the City/School District Crossing Guard Subcom- mittee was held on Dec. 20, 1978. At that time the School District presented a formal position paper to the city which indicated that the District would not participate in the funding of the school crossing guard program. Mayor Turner commented that he felt the Council had the right to ask the School District to help fund the program. Cm Staley said that his position was that the Council took an official vote and their position was that the City would fund the crossing guard program until sometime in Feb. 1979. Mayor Turner commented that the position of the Council was that fund- ing would be extended through Feb. at which time the issue would be looked at again. In the meantime the School District was encouraged to find means to participate in the funding. em Ebert agreed with Mayor Turner's statement of the Council position. He added that as a member of the Subcommittee he had asked the School District to help the City fund the program, but the school District had avoided a direct reply in financial terms. If the program dies, he said, it dies because the School Board refused to pick up part of the tab. Mr. Horner stated that at the last subcommittee meeting some discussion was devoted to areas in which the City might be able to reduce the budget of the School District by an amount that would equal the payment for the crossing guards. This will be discussed further in the near future. He felt it would be helpful if the Council could have some continued input from the School staff and perhaps one more subcommittee meeting. Discussion followed on the reasons for Feb. 1 being chosen as the cut-off date for funding the program. Cm Staley said that date was chosen because it was half of the school year. The City, he said, agreed to support the program through half of the school year if the School District would pick up the remaining half year costs. The School District also requested, he added, time to study their budget to see if they could find the money to do this. Their position presently is that the program is a service that the City should pay for. Mr. Horner noted that Council's original motion regarding the matter would be researched to determine the City's committment. Mayor Turner said he thought the Council had agreed to fund the project through February to give the City an opportunity to talk to the School Board about assisting or actually picking up all of the cost with the understanding that funding for the rest of the year would be discussed again. Cm Kamena, member of the subcommittee, mentioned that the School Board was disappointed when the council members of the Subcommittee did not return to them with a specific response from the Council. He added that the School Board position paper, unanimously supported by all Board members, states that the Livermore School District maintains its position that it will give no financial support to the project. He felt that the most effective administration of the program could be done by the City, rather than the School District, and that passing the jurisdiction to the School District would effectively cause the demise of the program since the School District sincerely feels it does not have the fiscal capability of supporting it. CM-36-7 January 8, 1979 (Re Crossing Guards) Mayor Turner agreed with Cm Kamena's position. Cm Kamena noted that legislators he had talked to indicated there may be some possible reconsideration of SB2199 in the near future. Mayor Turner commented that the Feb. I date is rapidly approaching and the City has not come up with an alternate program. He felt there was a definite need to have some kind of crossing service on the streets and added that Mr. Horner's report indicated there was sufficient money under the budgeted item to extend the crossing guard program through May of 1979 and for an additional $3,500 to extend it through the entire school year. He felt the City had an obligation to provide some type of service. em Staley pointed out that the cost of the program equals the cost of one police officer, since the program is funded from the Police Dept. budget. This is the choice which Council must make. He also commented that if the City continues to fund the program through June, the City will have to pick up almost all of the cost of the unemploYment benefits for the school crossing guards. He said that he disagreed wholeheartedly with the position of the School Board that it is not their responsibility to help fund this program, and felt that the Council should abide by their original motion. Cm Kamena agreed with Cm Staley but could not justify the demise of the program, regardless of the reasons. Cm Dahlbacka found it very disappointing that the School Board had abrogated its responsibility in regard to the program, and agreed with Cm Kamena's position that the program should be maintained. CM KAMENA MOVED TO HAVE THE CITY FUND THE CROSSING GUARD PROGRAM TO THE END OF THE ACADEMIC SCHOOL YEAR AT THE PRESENT LEVEL OF SER- VICES, SECONDED BY CM DAHLBACKA. Mayor Turner felt an addition should be made to the motion, that Council would fund it through the academic year but at that point the City will no longer fund the program. The Council discussed the addition but could come to no general agreement. John Stein, 1334 Kathy Court, felt the School Board had taken umbrage at Council's original directive to them, and added he did not feel they were bluffing. He thought the crossing guard program should have a higher priority than an additional police officer. R. Faltings, 1018 Via Granada, felt the program could be supported with funds returned from City enterprise monies. Emily Pena said she was at present a crossing guard and felt the program was vital to the safety of the children. Carol Myers, 322 Anna Maria, was opposed to the School District assuming responsibility for any pUblic safety program since she felt the tax dollars for the school are intended for the educa- tion of children only. THE MOTION WAS VOTED ON AND PASSED 3-2, CM EBERT AND STALEY DISSENTING. Joe Michell thanked the Council for the action that they had taken. CM-36-S January 8, 1979 REPORT - CITY MANAGER RE COUNCIL MEETING NIGHT Council has asked staff to investigate the possibility of changing the Council meeting night to allow Councilmembers more time to review the agenda material. Mr. Horner's report indicated that because of the severe time constraints placed upon staff for agenda preparation, it did not seem feasible unless there was consensus to change to meeting every other week. Various alternatives were discussed by Councilmembers and staff and consideration given to the effects on other regularly scheduled meetings. CM KAMENA MOVED TO SCHEDULE THE NEXT REGULAR MEETING OF COUNCIL ON JANUARY 22, 1979, AND TO MEET TWICE A MONTH ON MONDAYS THEREAFTER UNTIL THE END OF THE FIRST QUARTER OF THIS YEAR AT WHICH TIME THE NEW SCHEDULE WOULD BE EVALUATED. MARCH 26 WOULD BE THE EVALUATION DATE AND THE SECOND AND FOURTH MONDAYS WOULD BE THE MEETING DATES. MOTION WAS SECONDED BY CM STALEY AND PASSED UNANIMOUSLY. Mayor Turner added that during the budget hearings there will be discussion of the possibility of meeting on Tuesdays. P. W. REPORT RE PROPOSED BENEFIT DISTRICTS Proposed Benefit Districts are as follows: 1) Research Drive Improve- ment; 2) Hagemann Drive Improvements; 3) Olivina Ave. Improvement. CM STALEY MOVED THE STAFF RECO~MENDATION OF SETTING A DATE (JAN. 22) FOR THE BENEFIT DISTRICT PUBLIC HEARING, SECONDED BY CM KAMENA. MOTION PASSED UNANIMOUSLY. PLANNING COMM. MINUTES ll/21/78 & l2/5/78 Planning Commission minutes of the meetings of November 2l and December 5, 1978 were noted for filing. COMMITTEE APPOINTMENTS It was the consensus of the Council to make the following appointments to various committees: Energy Conservation Committee Airport Committee Recycling Committee - Neal Houlding - Steve Patenaude (reappointment) - Sal Tompkins - Mike Ross - Diane Foster - James Mueller - Jim Doggett (reappointment) Mosquito Abatement District It was also the consensus of Council to have Jack Tinney and Pat Vane share an appointment to the Housing Coordination Committee, with the recommendation to the Committee that they amend their bylaws to allow alternates. Resolutions confirming the appointments will be prepared for the next regular meeting's Consent Calendar. CM-36-9 January 8, 1979 CONSENT CALENDAR Reso. Rejecting Claim Prudential Property & Casualty Council adopted a resolution rejecting the claim of Prudential Property & Casualty. RESOLUTION NO. 3-79 A RESOLUTION REJECTING CLAIM OF PRUDENTIAL PROPERTY & CASUALTY Reso. re P.M. 2761 Charles Dunn Council adopted a resolution approving Parcel Map 2761, Charles Dunn. RESOLUTION NO. 4-79 RESOLUTION APPROVING MAP OF THE SUBDIVISION OF TRACT 276l (Charles Dunn) Reso. - Finance Dept. Fund Transfer The Council adopted two resolutions from the Finance Department re- garding the Transfer of Funds and Budget amendments. RESOLUTION NO. 5-79 A RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS RESOLUTION NO. 9-79 A RESOLUTION AUTHORIZING 1978-79 BUDGET AMENDMENTS Reso. re Quitclaim (De Sousa) In order for Roy Jensen to construct a building on the De Sousa prop- erty, he is requesting that the City quitclaim part of its clear zone easement at the west and south borders of the property. RESOLUTION NO. 6-79 A RESOLUTION AUTHORIZING EXECUTION OF QUITCLAIM DEED (Jose A. De Sousa and Gizela De Sousa) Reso. re Sign Upgrading Project Bids have been received for Project 77-27, 1978 Sign Upgrading Project. The low bid was submitted by Chas. I. Cunningham Co. of Oakdale, CA. RESOLUTION NO. 7-79 A RESOLUTION AWARDING BID Reso. re Classification Study The City of Livermore has been awarded a grant by the State Personnel Board to develop a classification study report. The bid for the preparation of the report was awarded to Biddle and Associates. RESOLUTION NO. 8-79 A RESOLUTION AWARDING BID CM-36-10 January 8, 1979 (Re Consent Calendar) Claims and Warrants There were 93 claims in the amount of $121,912.77, dated 12/14/78, and approved by the City Manager. There were 190 claims in the amount of $485,219.24, and 643 payroll warrants (Dec. 7 & 22, 1968) in the amount of $248,834.69, for a total of $734,053.93, and approved by the City Manager. CONSENT CALENDAR APPROVAL ON MOTION OF CM EBERT, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. MATTERS INITIATED BY STAFF AND COUNCILMEMBERS The City Attorney announced that a favorable ruling had been received in the case of Patel vs. the City of Livermore. He also asked for a brief executive session for the discussion of litigation. Cm Ebert asked that the Council take a position against the Citizens Protection League's allegations. Cm Staley announced that he had been notified that he was the regional appointee to the State and National Transportation Committees. (Cm Dahlbacka's comments regarding Oakland Scavenger were inaudible on the tape.) Mayor Turner said in regard to the CPL, that he believed that anyone has the right to pass a petition but he wanted the citizens of Liver- more to be aware of the fact that the special election that the CPL is petitioning for, would cost Livermore taxpayers $15,000. (Cm Dahlbacka's comments about the Police Reserve dance are inaudible.) INTRO. OF ORD. RE CN DISTRICT ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, AN ORDINANCE RELATING TO THE ZONING ORDINANCE AMENDMENT REGARDING CN - NEIGHBORHOOD COMMERCIAL DISTRICT WAS INTRODUCED AND READ BY TITLE ONLY. INTRO. OF ORD. RE ZONING ORDINANCE AMENDMENT The ordinance was introduced to reflect the decision of Council after the public hearing held on Dec. l8, 1979. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, AN ORDINANCE RELATING TO A ZONING ORDINANCE AMENDMENT REGARDING A ZONING CHANGE, I-580 AND LAS POSITAS RD. AT FIRST ST., WAS INTRODUCED AND READ BY TITLE ONLY. INTRO. OF ORDINANCE RE POLICE RESERVES ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE ORDINANCE REGARDING THE PROPOSED AMENDMENT OF THE MUNICIPAL CODE RELATING TO POLICE RESERVES WAS INTRODUCED AND READ BY TITLE ONLY. \ ~ CM-36-ll January 8, 1979 INTRO. OF ORDINANCE RE BICYCLES ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE ORDINANCE REGARDING A PROPOSED MUNICIPAL CODE AMENDMENT RELATING TO BICYCLES WAS INTRODUCED AND READ BY TITLE ONLY. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at Il:30 to an executive session for discussion of liti- gation. ATTEST Clerk California APPROVE Regular Meeting Df January 22, 1979 A regular meeting of the Livermore City Council was held on Monday, January 22, 1979, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Turner at 8:04 P.M. ROLL CALL Present: Absent: Cm Ebert, Kamena, and Mayor Turner Cm Dahlbacka (excused, business), Cm Staley (seated during the meeting) PLEDGE OF ALLEGIANCE Mayor Turner led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. AGENDA REORDER Mayor Turner announced that Items 4.l, (Continued Discussion of Tent. Tract Map 4l65), 5.7 (Final Tract 37'0), and 5.l0 (Furnishings Bid - Administration Building) would be continued to the meeting of Feb- ruary l3, 1979. SPECIAL EVENTS Mayor Turner read a proclamation congratulating Dan Payne, Livermore High graduate, for his achievements in the field of soccer. CM-36-l2 January 22, 1979 MINUTES APPROVAL Regarding the minutes of January 8, 1979, Mayor Turner asked that his comments in opposition to Cm Ebert's amending motion in regard to the Low-Income Housing Election ballot statement, be included in the minutes. ON MOTION OF CM KAMENA, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, THE MINUTES OF THE REGULAR MEETING OF JANUARY 8, 1979, WERE APPROVED AS AMENDED. OPEN FORUM No one wished to speak. PUBLIC HEARINGS RE BENEFIT DISTRICTS Hearing were held regarding the establishment of three Benefit Districts: I) Research Drive Improvement Benefit District No. 78-1, 2) Hagemann Drive Improvement Benefit District No. 78-2, 3) Olivina Ave. Improvement Benefit District No. 78-3. Mayor Turner opened the public hearing. Earl Mason, representing the developer of the Research Dr. project, Roger Shaheen, stated that his client would like to discuss the item with the City staff but will be out of the country for about three months so would like the item continued. Cm Kamena suggested that Mr. Shaheen put his objections to the pro- posed Benefit District in writing so that staff and Council can re- view them prior to the next discussion of the item. CM KAMENA MOVED TO CLOSE THE PUBLIC HEARING IN REGARDS TO THE HAGE- MANN DRIVE AND OLIVINA AVENUE BENEFIT DISTRICTS, AND TO CONTINUE FOR THREE MONTHS THE PUBLIC HEARING RE THE RESEARCH DRIVE BENEFIT DIS- TRICT. MOTION WAS SECONDED BY CM EBERT, AND PASSED UNANIMOUSLY. April 23 was set for further discussion regarding the Research Drive Improvement Benefit District No. 78-1. ON MOTION OF CM KAMENA, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, THE FORMATION OF BENEFIT DISTRICTS NO. 78-2 AND 78-3 WERE CONFIRMED. COMMUNICATION RE AGENDA ITEM PLACEMENT A communication was received from Pacific West Financial requesting consideration of the placement of an item in reference to a CUP, on the Council's agenda at a time prior to the next regular meeting of February 13, 1979. The CUP will be on the Planning Commission's agenda for l/23. CM EBERT MOVED TO SET THE PUBLIC HEARING REGARDING THE CUP FOR FEB- RUARY 7, 1979, SECONDED BY MAYOR TURNER. Cm Kamena questioned whether the public hearing would be in reference to rezoning. Mr. Nies stated that it would involve only a Use Permit and a Planned Development Permit. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. CO~M. RE POSSIBLE MORA- TORIUM EXCLUSION A communication was received from Chester Andersen regarding the ques- tion of low and moderate income units and whether they are excluded from the moratorium. CM-36-13 January 22, 1979 (Re Moratorium Exclusion) Gary Reiners, City Attorney, explained that the Council has returned to the provisions of Resolution 55-75 which exempts low and moderate income housing and commercial/industrial from the moratorium. There is a proviso, he added, that the low and moderate income housing must be within the City and Mr. Andersen's property is not, at present, in the City. An answer to this specific question can only be made in the context of the coming Residential Development Plan since this development proposal will fall under the provisions of the RDP in its present state as pre-zoned property in the County, he stated. Dave Madis, lOll Geneva, representing Mr. Andersen, asked whether his client could proceed with his site plan for approval with the idea in mind that he would annex before he built. em Kamena indicated that there is no proviso for limiting other than the General Plan Amendment. And inasmuch as the Andersen project is on a list with regard to first-come, first-serve and the site plan fee has been paid, he could not see why the project could not simply proceed as planned. It was the consensus of Council to refer the item to staff for dis- cussion with the applicant and a report to Council regarding what precedence low and moderate housing has and how it relates to the Andersen development. RE SANTA RITA FACILITY REPLACEMENT A communication was received from Mayor Mercer, City of Pleasanton, requesting support of their position of intent to request that the existing Santa Rita facility be replaced and that the replacement facility be located other than in the Livermore-Amador Valley. em Ebert felt that the Board of Supervisors should give high pri- ority to the upgrading of the facility, but didn't feel they should be asked to move the facility. Cm Kamena stated that while he sYmpathized with the Pleasanton City Council he did not feel that it was fiscally responsible to relocate the facility and urged reconditioning and/or rebuilding at the present location. He added that if the facility is moved, the court, which is presently located in Livermore, may be moved, also. Mayor Turner stated that he was quoted in the newspaper as saying that he supported Mayor Mercer's letter. He said he does, but not totally. From a safety standpoint, he felt the facility should certainly be upgraded and agreed with Cm Kamena's position. It was the consensus of the Council to urge up-grading of the facility as a high priority item. RE REFUSE PICKUP CONTRACT A communication was received from Mike and Sandy MacCracken re- questing consideration of inclusion in the next refuse disposal con- tract a provision regarding rotation of pick-up districts or routes so that the early time is not always the same geographic area. Lee Horner, City Manager, commented that the City is currently negotiating with the Livermore-Dublin Disposal Company and would certainly consider the inclusion of an appropriate provision in the new contract. Mike Mac Cracken, 1470 Darwin Ave., stated that he felt it should definitely be included in the new contract. Consensus of Council was to refer the item to staff for discussion with the disposal company. CM-36-l4 January 22, 1979 CITY MANAGER'S REPORT Mr. Horner said he had only one item and would prefer to bring it up under Staff Initiated Reports. Mayor Turner indicated that at the last Mayors' Conference, the mayors voted unanimously to talk to their respective legislators about returning some of the sales tax to the cities, preferably an additional one cent. Mayor Weinreb of Hayward is arranging meet- ings in Sacramento with Bay Area legislators and Mayor Turner invited anyone interested to join them. He will be accompanying the group. CONT. DISCUSSION RE TENT. TRACT MAP. 4165 This item was continued to Feb. 13, at the request of the applicant. CONT. DISCUSSION RE MURRIETA BLVD. PROJECT The City Council, in 1/8/79, delayed action on the cooperative agree- ment with Pleasanton and Alameda County to provide preliminary eng- ineering services. Alameda County is the "Lead Agency" and has se- lected the firm of DeLeuw, Cather and the City does not have the discretion to override the choice. Cm Ebert stated that he would like to have this item continued until Cm Staley arrived because he (Cm Ebert) questioned some of the state- ments in the staff summary report. CM KAMENA MOVED TO SUSPEND THE RULES AND EMPOWER THE CHAIR TO REORDER THE AGENDA SO THIS ITEM CAN BE DISCUSSED AFTER CM STALEY'S ARRIVAL. THE MOTION WAS SECONDED BY CM EBERT AND PASSED UNANIMOUSLY. Mayor Turner set the discussion for the last item on tonight's agenda. RE RESIDENTIAL ALLOCA- TION REQUESTS FOR 1979 A letter was received from the Planning Commission requesting con- firmation of the P. C.'s understanding of Council action of 12/ll/78 regarding residential allocation requests for 1979. em Kamena felt that the question before the Council is whether or not the Planning Commission should continue their policy of process- ing residential allocation requests for 1979 and stopping at the final stage until such time as the Council determines what amount of sewer capacity is available, or should they not even process the tentative map. He felt Council policy was that of allowing the pro- cess to continue while still making the applicant aware of the rules as the communication from the Commission had stated. Mr. Reiners stated that some of the issues that might be raised by this request for information, will be dealt with in the memorandum that's coming back on the other policies. He suggested that perhaps direction to the Planning Commission could be given from the Council discussion at the next meeting on that item. ON MOTION OF CM KAMENA, SECONDED BY MAYOR TURNER AND BY UNANIMOUS VOTE, THE COUNCIL REAFFIRMED THE PLANNING COMMISSION'S APPROACH AS STATED IN THEIR MEMO OF l2/19/78. RE TENT. TRACT MAP 3940 The Planning Commission submitted a report regarding a PUD/CUP and Tentative Tract Map 3940, a single family and condominium or apartment development north of Springtown Blvd., and revised E.I.R. The PUD/CUP must be set for hearing, the Tract to be considered concurrently. ON MOTION OF MAYOR TURNER, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS SET FOR 2/l3/79. (Cm Staley seated at this time) CM-36-l5 January 22, 1979 P.C. REPORT RE TENT. TRACT 4178 VARIANCE DENIAL At its meeting of Dec. 19, 1978, the Planning Commission denied Louis Trotter's request for a variance which would have increased the maximum site coverage from 25% to 30%. The applicant has ap- pealed this denial. The Commission recommends that Council adopt a resolution upholding the variance denial and conditionally approv- ing Tentative Tract Map No. 4178, as well as two other variances. Howard Nies, Planning Director, stated that there were other vari- ances that were granted. He added that the Tentative Map was the subdivision of the Parcel into II lots, 9 of which are townhouses. Louis Trotter, 544 North "M" St., gave the Council some information but his comments were inaudible on the tape. Cm Ebert commented that he could see the benefits to the buyer and to the City but until such time as the zoning is changed, the Coun- cil's hands are tied. Mayor Turner stated that everyone has the right of appeal and the Council has the obligation to listen. Mr. Trotter indicated that if one or more of the Councilmembers would vote negatively because of the present RS controversy, he would prefer a continuance of the appeal. (Cm Kamena's comments are inaudible on the tape) It was the consensus of Council to put over the variance denial appeal to the meeting of Feb. 13. CM KAMENA MOVED TO CONDITIONALLY APPROVE TENTATIVE TRACT MAP NO. 4178, VARIANCES APPROVED BY THE PLANNING COMMISSION, THE E.I.R. AND ADDENDUM AND TO HOLD IN ABEYANCE THE VARIANCE APPEALED. MOTION SECONDED BY CM EBERT AND PASSED UNANIMOUSLY. BEAUTIFICATION COMMITTEE REQUEST RE WINDMILL RE- LOCATION TO LINCOLN PARK The Beautification Committee has requested funds ($l500) to relo- cate a 1930's vintage cobblestone windmill which was constructed in the yard of the Ralph Merritt residence (Coast Manufacturing) . The Committee is recommending that it be moved to the Lincoln Highway Park. Cm Ebert did not feel he could support the expenditure of funds for the project which he felt had inherent engineering problems. The remainder of the comments pertaining to this item are inaudible on the tape. CM KAMENA MOVED TO APPROVE THE RELOCATION OF THE WINDMILL AND TO SET THE CITY EXPENDITURE LIMIT AT $1900, SECONDED BY MAYOR TURNER. THE MOTION WAS VOTED ON AND PASSED 3-1, CM EBERT DISSENTING. RE IN LIEU FEE HOUSING POLICY A report was received from the City Manager regarding the interim low/moderate in-lieu fee housing policy. Mayor Turner suggested referring this item to the Housing Authority for their review and comments. CM-36-l6 January 22, 1979 (Re In Lieu Fee Policy) Ed SChilling, Assistant to the City Manager, stated that the Housing Authority will play a relatively minor role in the policy but that the City staff has been working with the Housing Authority staff since the inception of this project. He didn't believe there would be any difficulties, presuming they will agree to play the role of reviewing incomes of participants. He agreed with Mayor Turner that the Housing Authority should review the policy. Answering an inquiry by Cm Kamena, Mr. Schilling stated that one of the Housing Task Force's early recommendations was that the policy address both low and moderate income needs. He added that one of the final recommendations was that the moderate income needs could best be met through this policy and that the low income needs of the community could probably be best met through subsidized housing efforts. He commented that in looking at this policy and interpret- ing the General Plan's requirement, it was thought it would have the most impact if it addressed both of them. This policy does not suggest subsidization at all, he said, being directed more toward providing a wider range of housing, rather than toward sUbsidizing actual development cost or rental cost. It does that through re- quiring that the units be sized and equipped to be constructed within the income ranges defined in the policy. He recalled the previous Council discussions and their adoption of the Housing Task Force's recommendations indicated clearly that low/moderate was the focus of the policy, not specifically low income only, and this policy was designed to enact that decision of the Council. In reply to another question by Cm Kamena, Mr. Schilling noted that Page 149 of the General Plan states that the City of Livermore will require provision of lO% of all new residential construction for low and moderate income households. As an alternative an in lieu fee may be provided. em Kamena asked why this policy asks for an escalated fee based on the evaluation of the units in the tract. He added that the City has, by precedent, asked for and received a fee for the 10% require- ment, but that fee was not linked to the value of the individual home in the tract. Mr. Schilling replied that it requires the fee to be assessed based on a comparison of what a low and/or moderate income family could afford and the price of the lO% lowest priced units in the development, not the entire development. The policy proceeds from the assumption that if a house is built at $5000 more than a moder- ate income family can afford, that situation is preferable with respect to the goals of this policy and our General Plan, than the construction of a home which costs $30,000 more than what a low or moderate income family can afford. He continued that the assumption clearly articulated by the Housing Task Force was that the policy encourages a unit that approaches the limits of this policy in sit- uations where a developer is not able to build a unit that is within the restraints of the pOlicy. Cm Kamena commented that, under the policy, low and moderate housing, built in the neighborhoods of more expensive homes, would be destined for a higher resale price which would defeat the effectiveness of the policy. Mr. Schilling agreed, and added that it pointed out one of the weak- nesses of the pOlicy. The policy has attempted, he continued, to stay away from controls as much as possible. There are no proposals for a deed restriction in this interim policy, he added, and it is one of the things that the Housing Coordination Committee is likely to look at and entertain as a possibility. There is a control over the rental for 20 years, he said. Mr. Schilling noted that it is a consistent pOlicy, but is still capable of being revised and improved, particularly after it has been applied for a period of time. CM-36-l7 January 22, 1979 (Re In Lieu Fee Housing Policy) em Staley felt that the Council would benefit by having the Housing Authority's comments before Council attempts to take any final action. He noted that it's very difficult to draft a policy that meets the requirements and is workable. Regarding the rent for a medium income family of four, Mayor Turner asked why the rent would not be figured at the maximum rate of 120%. Mr. Schilling explained that it was considered initially, but because part of the reason for using both 80% and 100% for both rental and sales units was that it was felt that it would be a waste of time for the City Council and staff to have a policy that had no impact, it was dropped. If the City had a policy that adopted 120% of med- ian, he continued, that would mean that the rent would be higher than the rent you would pay for most three bedroom homes in this community. Mayor Turner commented that the policy as proposed has lots of ques- tions and agreed that it should be referred to the Housing Authority. em Ebert stated that he felt this was a case of government interven- tion where government should not be, since the market should deter- mine the housing and what is available. He would like to see no in lieu fees, at all, nor any restriction on the type or cost of the housing, itself. He felt this had been done already by giving pri- ority to allocation for sewer connections for low and moderate income housing and that should be enough. Roy Jensen, 755 Hazel St., asked for a meeting of all the developers and the City staff regarding this item for the information of the developers and any in-put that they may have. Mayor Turner asked that any in-put to staff or Council from the developers be in writing. CM STALEY MADE A MOTION TO REFER THE ITEM TO THE HOUSING AUTHORITY BOARD, TO ARRANGE A MEETING BETWEEN STAPF AND INTERESTED DEVELOPERS, AND TO HAVE THE ITEM BACK ON THE AGENDA OF FEBRUARY 13, 1979. MOTION SECONDED BY MAYOR TURNER. Cm Kamena requested clarification of the 10% General Plan requirement; whether the reference is to "Low" income or "Low and Moderate" income. He also asked that staff review the following: l. The desirability of assessing no In Lieu fees: 2. The desirability of dropping the 10% Low/Moderate requirement; 3. Whether the actions suggested would require amendment of the General Plan and whether such amendment would require re- processing through ABAG; 4. Whether the policy should require lO% low/moderate (or low) for each tract, or for each tract over a certain size; 5. Whether the General Plan lO% represents a requirement for each new tract or whether it represents an overall goal for the community which can be met by large developments aimed at low and moderate income families. THE MOTION WAS VOTED ON AND PASSED 3-l, CM EBERT DISSENTING. RECESS Mayor Turner called for a brief recess, after which the meeting resumed with members of the Council present as during Roll Call. CM-36-l8 January 22, 1979 REPORT RE REFERENDUM PETITIONS Dorothy Hock, City Clerk, reported that she has received 376 peti- tions containing 3,638 signatures requesting the City Council to repeal Ordinance No. 976 or to submit the Ordinance to the elector- ate at a special election. The petitions have been filed, she stated, since the number of signatures exceeds, prima facie, the required 10% of the registered voters. Mayor Turner informed Council of its options which are I) void the ordinance and return to the previous ordinance prior to 12/18/78, 2) void the ordinance and put it on the November ballot, 3) refuse to void the ordinance and hold a special election 4) void the ord- inance and adopt an ordinance which gets rid of the chief complaint which seems to be the 35%. Since special elections are costly and because of the number of signatures, CM KAMENA MOVED TO REPEAL ORDINANCE NO. 976, SECONDED BY CM EBERT. Mayor Turner wondered if the issue was presented fairly to the people who signed the petition and added that he felt the ordinance should be amended rather than repealed. Some areas of the ordinance do create great difficulties, he said, some of which were brought out during the Public Hearing. He felt that 3,000 signatures certainly were a significant number but hated to have to spend the money re- quired by a special election. Gary Reiners, City Attorney, stated that under the Elections Code, the Council is prohibited from enacting the repealed ordinance for a period of one year. He added that it has been construed in several appellate cases to mean substantially the same ordinance. A differ- ent ordinance, that is not substantially the same but deals with the same subject matter, can be enacted. Earl Mason, l245 Glenwood St., commented that a lot of work and effort went into the suggested change. He stated that according to the wording of the petition, the greatest concern was in refer- ence to the deletion of the 35% allowed two years later and suggest- ed an amendment to the existing ordinance that would replace that particular portion of the ordinance. Mayor Turner noted that the petition made three requests, only one of which pertained to the 35% previously allowed. Mr. Reiners indicated that the only cost of going to an advisory election in November would be the additional printing cost of putting the measure on the ballot, which would be minor compared to the $10,000 to $15,000 to conduct a special election. Mayor Turner said he was in favor of voiding the ordinance and going to a ballot in an advisory election in November. In response to a question by Cm Staley, Mr. Reiners indicated that it would be permissible to further amend the ordinance as long as the proposed amendments are not substantially the same as those that were the subject of the referendum petition. Jim Day, 745 Cardinal Dr., stated that 9 ou of lO people contacted and asked to sign the petitions, actually signed. His experience indicated that 20 to 30 percent signed just to put it on the ballot. He felt 80% of the people contacted understood what the petition said and singled out the right to expand issue. THE MOTION WAS VOTED ON AND PASSED 3-1, MAYOR TURNER DISSENTING. CM-36-l9 January 22, 1979 REPORT RE ELECTED MAYOR A report was submitted by the city Attorney regarding the duties and responsibilities of the elected Mayor. Because of the absence of Cm Dahlbacka, it was the consensus of the Council to continue the item to its February 13th meeting. REPORT RE FINAL TRACT NO. 3760 This item was removed from the agenda at the request of the applicant. RE 1979/80 FISCAL BUDGET A report was submitted by the City Manger regarding the preparation of the 1979/80 fiscal budget, which will involve a change in format to allow Council the opportunity to see the actual costs of each program and subprogram. It is Mr. Horner's belief that this format better expresses the costs of government and should assist the Council in establishing and acting on priorities if budget cuts need to be made. (Cm Kamena left the meeting briefly at this point) RE CONSOLIDATION OF MUNICIPAL COURTS A report submitted by the City Manager regarding the consolidation of Judicial Districts within Alameda County, recommends that Council oppose any endorsement or concept of endorsement by the Board of supervisors until a full and detailed study can be conducted and that the Council transmit this action to the Board of Supervisors. The report was noted for filing. RE ADMINISTRATION BLDG. FURNISHINGS BID The report in reference to the Administration Building interior furnishings bid results and recommendations was withdrawn from the agenda. RESO. RE RECYCLING GRANT APPLICATION A report submitted by the City Manager noted that City staff and the Oakland Scavenger Company have developed the grant application for the SB 650 Recycling Program. The application requests $29,000 for the purchase of a can shredder and separator, construction of a pole barn at the recycling center, and promotion of recycling through newspaper and radio advertising and various other methods. Source of funding is the State Solid Waste Management Board. CM STALEY MOVED TO APPROVE THE RESOLUTION AUTHORIZING THE FILING OF THE GRANT, SECONDED BY MAYOR TURNER. In reply to a question by Cm Ebert, Mr. Schilling stated that it was his hope, if 30% participation could be achieved, that the in- creased marketability resulting from being able to separate and shred the aluminum, would result in the ability to fund the entire cost of the program from the proceeds of the collection. He added that $9-10,000 of the grant will be used for promotion, which he considered essential to achieve a 30% participation of the community. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. RESOLUTION NO. 10-79 A RESOLUTION AUTHORIZING FILING OF GRANT APPLICATION (SB 650 Community Recycling Center) CM-36-20 January 22, 1979 REPORT RE RURAL RESIDENTIAL POLICY A report was received from the Planning Commission regarding the status of the proposed Rural Residential Policy. A copy of the report has also been forwarded to the Alameda County Planning Commission. The report was noted for filing. SUMMARY OF ACTION - ZONING ADMINISTRATOR A summary of action from the Zoning Administrator regarding the meeting of January l6, 1979, was noted for filing. P.C. MINUTES - 12/19/78 & l/9/79 Submitted to Council for information purposes were the Planning Commission minutes for the meetings of December 19, 1978 and January 9, 1979 (listing all Commission action for any Council appeals). RE MURRIETA BLVD. PROJECT PRELIMINARY SERVICES AGREEMENT Discussion was continued on the Murrieta Blvd. Underpass construction engineering firm selection in reference to the preliminary services agreement. Mayor Turner indicated that Mr. Sorensen, the Chief of the Engineering Division of the County Road Department, is at to- night's meeting. (Cm Kamena reseated at this time) Cm Staley commented that while he was not completely satisfied with regard to the firm of DeLeuw, Cather, he was completely satisifed in regards to the project, and was willing to support approval of the Cooperative Agreement with the understanding that before the next phase is begun, the City receives justification for the engin- eering company selected and related costs. CM STALEY MOVED TO APPROVE THE COOPERATIVE AGREEMENT, WITH THE UNDER- STANDING THAT ONLY PHASE 2 WAS BEING AUTHORIZED, SECONDED BY CM KAMENA. (Cm Ebert's comments are inaudible on the tape) Cm Staley commented that as he understood it, Council was authorizing the expenditure of $IO,OOO out of the City's grant funds in order to put the project on the road at this point. He felt that Council's present choice was to either accept the recommendation as it stands or suffer the likelihood of derailing the whole project. Mayor Turner supported Cm~taleY'scomments. Mr. Horner indicated that he did not think the project would be derailed if Council did not approve Livermore's portion of the pro- ject. He stated that Phase I and Phase II are strictly design con- cepts and at the end of Phase II the design concept could be turned over to another engineering firm for the actual construction engin- eering and design, and follow-up implementation of the construction. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. CONSENT CALENDAR AGENDA REORDER It was the consensus of Council to pull Item 6.7 regarding self funding of health and welfare benefits, from the Consent Calendar for discussion purposes. CM-36-2l January 22, 1979 Re Annexation of Spivak Properties The Planning Commission submitted an informational report regarding the proposed annexation of the Spivak properties located at North Greenville Road and Laughlin Road. This matter had been referred to the Commission for review and report but the applicant has now with- drawn his request and the matter will be held in abeyance until further notice. Reso. re HORIZONS The Council adopted a resolution approving a contract with Alameda County who will provide $35,247 in Federal funds to continue the present HORIZONS program through June 30, 1979. With this funding, HORIZONS will be able to fill two couselor vacancies and move into the Multi-Service Center. RESOLUTION NO. 1l-79 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT (COUNTY OF ALAMEDA) Reso. re Page Disabil- ity Retirement Council adopted a resolution regarding the non-industrial disability retirement of Michael Page, Maintenance Mechanic at the Water Reclam- ation Plant. RESOLUTION NO. 12-79 A RESOLUTION AUTHORIZING NON-INDUSTRIAL DISABILITY RETIREMENT (Michael page) Reso. re East First St. Project Council adopted a resolution authorizing execution of a quitclaim deed to the Goralkas. The City has negotiated the acquisition of a required 0.089 acre parcel, 0.032 acre of which will no longer be needed for existing First Street. RESOLUTION NO. 13-79 A RESOLUTION AUTHORIZING EXECUTION OF QUITCLAIM DEED (Joseph J. Goralka and Josephine C. Goralka) Reso. re 1978 Sign upgrading Project Council adopted a resolution approving Program Supplement for Federal Funding of the 1978 Sign upgrading project. RESOLUTION NO. 14-79 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Reso. re Street Improvements Council adopted a resolution approving the allocation of funds and payment of construction cost for street improvements along East Ave. at Seventh St. RESOLUTION NO. 15-79 RESOLUTION AUTHORIZING BUDGET AMENDMENT CM-36-22 January 22, 1979 Resos. Rejecting Claims The Council adopted three (3) resolutions rejecting claims as follows: RESOLUTION NO. 16-79 A RESOLUTION REJECTING THE CLAIM OF CALIFORNIA CASUALTY INS. RESOLUTION NO. 17-79 A RESOLUTION REJECTING THE CLAIM OF RUBY LEE WILLIAMS RESOLUTION NO. 18-79 A RESOLUTION REJECTING THE CLAIM OF PATRICIA LUCAS Resos. of Appointment Council adopted four (4) resolutions of appointment as follows: RESOLUTION NO. 19-79 A RESOLUTION FOR APPOINTMENT TO THE RECYCLING COMMITTEE (Sal Tomkins, Mike Ross, Diane Foster, James Mueller) RESOLUTION NO. 20-79 A RESOLUTION APPOINTING MEMBER TO BOARD OF TRUSTEES OF ALAMEDA COUNTY MOSQUITO ABATEMENT DISTRICT (James Doggett) RESOLUTION NO. 21-79 A RESOLUTION FOR APPOINTMENT TO THE ENERGY CONSERVATION COMMITTEE (Neal Houlding) RESOLUTION NO. 22-79 A RESOLUTION FOR APPOINTMENT TO THE AIRPORT ADVISORY COMMITTEE (Steve Patenaude) Reso. re Assessed Values The Council adopted a resolution requesting Alameda County to provide an estimation of local assessed values. RESOLUTION NO. 23-79 A RESOLUTION REQUESTING ESTIMATION OF LOCAL ASSESSED VALUE Claims and Warrants There were 45 claims in the amount of $52,345.98, dated l/8/79 and approved by the City Manager. There were 79 claims in the amount of $262,580.77, dated 1/11/79 and approved by the City Manager. CONSENT CALENDAR APPROVAL ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED WITH THE EXCEPTION OF ITEM 6.7 WHICH WAS REMOVED FOR DISCUSSION PURPOSES (SELF FUNDING OF HEALTH AND WEL- FARE BENEFITS) . CM-36-23 January 22, 1979 RE SELF FUNDING OF HEALTH & WELFARE BENEFITS The City of Livermore has opted to self-fund for worker's compensa- tion needs and are looking into various options to meet general liability needs. A report by the City Manager recommended that Council authorize a feasibility study to be performed by the firm of Galbraith & Green, Inc., with the findings of such study to be brought back to Council at a future time. In reply to a question by Cm Kamena, Mr. Horner stated that the initial concept would be to include all self-funded employee Health/ Welfare benefits which would include life insurance benefits. He noted the study itself would not violate any present MOU's. If the study proves that it is feasible for the City to change its method of funding those insurance programs, then, at that time it would be necessary to confer with various employee groups about the changes that may take place. (Cm Kamena's comments are inaudible on the tape) ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COUNCIL AUTHORIZED THE FEASIBILITY STUDY. MATTERS INITIATED BY STAFF (Re 1st St. Depot Plaza Integration Plan) Mr. Schilling reported that for the past 6 weeks the staff has been working with the First St. merchants and a local architect, Randy Schlientz, on developing a scope of services and a project for a conceptual design of the exteriors of the buildings, including color and possible structural modification, landscaping possibilities and paving possibilities for the back of the First St. merchants' build- ings. Mr. Schlientz has given staff a quote of $3500 to complete the scope of work and staff would like to move ahead with it as soon as possible. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE RULES WERE SUSPENDED IN ORDER TO ADD THIS ITEM TO THE AGENDA. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, COUNCIL AUTHORIZED THE COMPLETION OF THE SCOPE OF WORK ON THIS PROJECT. (Re DeLeuw Cather Eng.) Dan Lee, Director of Public Works, stated that during the discussion of the Murrieta engineering agreement, there was some reservation expressed about the services that DeLeuw, Cather have provided. Mr. Lee felt that the project would not be ready at this time, if it wasn't for the work of Bob Barton of DeLeuw, Cather, who conceived the project and had the unique knowledge of the whole railroad system in the Valley. He added that there were problems with the earlier Railroad Relocation Project here in Livermore, but they were not engineering problems. (Brady Lawsuit) Mr. Reiners announced that the lawsuit against the City regarding Mr. Brady was decided in favor of the City. Mr. Reiners asked for an executive session to follow this meeting. CM-36-24 January 22, 1979 (Re Zone 7) Cm Kamena stated his concern about Zone 7's possible assumption of sewer management capabilities and requested that staff send a letter to the Regional Water Quality Control Board asking what agency would be setting those sewer standards. Mayor Turner noted that he and Cm Kamena had attended the last Zone 7 meeting to present the City's position on the Ruth property. The matter has been continued, he reported. INTRO. AND ADOPTION OF ORDINANCES CM KAMENA MOVED TO APPROVE ALL ORDINANCES AS LISTED ON THE AGENDA WITH THE EXCEPTION OF ITEM 8.2, REGARDING ATTIC FANS. THE MOTION WAS SECONDED BY CM STALEY, WAS VOTED ON AND PASSED UNANIMOUSLY. Intro. of Ord. re Purchasing The Ordinance relating to a Municipal Code amendment regarding Purchasing was introduced and read by title only. Ordinance Adoption re CN Zoning Council adopted a Zoning Ordinance amendment regarding CN - Neighbor- hood Commercial District. ORDINANCE NO. 978 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, RELATING TO ZONING, OF THE CITY OF LIVERMORE BY THE AMENDMENT OF CHAPTER lO.OO, RELATING TO NEIGHBORHOOD COMMERCIAL DISTRICT, BY THE AMENDMENT OF SECTION lO.2l RELATING TO USES PERMITTED - SPECIFIC - RETAIL TRADE OF ARTICLE II RELATING TO USES PERMITTED. Ord. re CS District The Council adopted a Zoning Ordinance amendment to reflect zoning change to CS District, area adjacent to First Street and I-580 Intersection. ORDINANCE NO. 979" AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE, BY THE AMENDMENT OF SECTION 3.00 THEREOF, RELATING TO ZONING. Ord. re Police Reserves The Council adopted a Municipal Code amendment regarding Police Reserves. ORDINANCE NO. 980 AN ORDINANCE AMENDING CHAPTER 16, RELATING TO POLICE, OF THE LIVERMORE CITY CODE, 1959, BY THE AMENDMENT OF ARTICLE II, RELATING TO POLICE RESERVE, AND SEC. 16.l9, RELATING TO ADHERENCE TO STATE STANDARDS, OF ARTICLE III, RELATING TO TRAINING OF LAW ENFORCEMENT OFFICERS. CM-36-25 January 22, 1979 Ord. re Bicycles The Council adopted a Municipal Code Amendment regarding bicycles. ORDINANCE NO. 981 AN ORDINANCE AMENDING CHAPTER SA, RELATING TO BICYCLES, AND AMENDING CHAPTER 13, RELATING TO MOTOR VEHICLES AND TRAFFIC, AS SAID CHAPTER 13 RELATES TO BICYCLES, OF THE LIVERMORE CITY CODE, 1959. ORD. RE ATTIC FANS It was the recommendation of the City Manager and of the Energy Conservation Committee that Council repeal the attic fan provisions of the energy conservation ordinance but that the attic insulation standards be required for all homes at resale. This would require a change. to and reintroduction of the ordinance. It was the consensus of the Council that the insulation requirement be dropped from R-19 to R-ll, and that the ordinance be returned to staff for redrafting and first reading. ADJOURNMENT There being no further business before the Council, the meeting was adjourned to an executive session at 11:15 P.M. (/ ~--" -t~~- --. APPROVE ATTEST Clerk California Adjourned Regular Meeting of February 7, 1979 An adjourned regular meeting of the Livermore City Council was held on Wednesday, February 7, 1979, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Turner at 8:00 p.m. ROLL CALL Present: Cm Ebert, Kamena and Mayor Turner Absent: Cm Dahlbacka (seated during Open Forum) and Cm Staley OPEN FORUM Mike Earhart, who has the U-Haul dealership on springtown Blvd., stated that storage of his U-Haul trucks is currently limited to the area behind his station. He had recently incurred over $600 CM-36-26 February 7, 1979 (re U-Haul Truck Storage) loss in stolen batteries and gas and stated that he would like to be able to store the trucks closer to the station lights on the eastern portion of the lot. Mayor Turner asked the Zoning Administrator to look into the matter and prepare a recommendation for the council. Paul Curtis, Zoning Administrator, noted that the storage limitation was a condition of approval so it would require an amendment to the CUP and a new Public Hearing to delete or change the condition. Cm Ebert felt that vandalism had reached outrageous proportions and was sympathetic to Mr. Earhart's problem. (Development Fees) Don Miller, 2862 Waver ley, indicated that in his opinion the city's development fees should be adjusted to reflect current inflation. Developers, he stated, estimate land costs at $24,000 per acre and park fees should reflect that cost. He also felt that sewer con- nection fees should be calculated to reflect costs for expansion. Mayor Turner asked staff to look into the matter and report back to Council. PUBLIC HEARING RE MOBILEHOME DISPLAY LOT An application has been submitted by T. Fox for a Planned Unit Devel- opment/Conditional Use Permit to allow: a) Conversion of an aban- doned auto service station site to a mobilehome display lot and b) Con- struction of a three-faced internally illuminated, freestanding sign on a parcel located at 3884 First Street. The Planning Commission's rec- ommendation is that Council approve the PUD/CUP in accordance with P.C. Resolution No. 5-79, and approve the filing of the Negative Declaration with the Alameda County Clerk. Paul Curtis stated that the Design Review Committee had looked at the proposal and their only recommendation had been to reduce the height of the sign from 9 feet to 8 feet to meet the monument-type sign size. Mayor Turner declared the public hearing open. Terry Fox, 2794 Tahoe Dr., the applicant, thanked the Council for calling a special meeting to consider this item. He commented that he would be tearing out the dead shrubbery on the site and would re- plant using similar shrubs. The sign that he wants to erect will re- place an existing sign of similar size and type, and will be three- sided, paralleling portola Ave. and First St. The mobilehomes to be displayed will be specially built for a development that he currently has in Tracy, and will resemble conventional houses. ON MOTION OF CM EBERT, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. ON MOTION OF CM KAMENA, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED A RESOLUTION APPROVING THE FILING OF THE NEGATIVE DECLARATION WITH THE ALAMEDA COUNTY CLERK, AND APPROVING THE PUD/CUP IN ACCORDANCE WITH PLANNING COMMISSION RESOLUTION NO. 5-79. RESOLUTION NO. 24-79 A RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT (Terrence Fox) CM-36-27 February 7, 1979 INTRO. OF ORD. RE LICENSE TAX ON FORTUNETELLERS Mollie Dent, Assistant City Attorney, recommended that the blank space in section l2.25 (i) be filled in to read "$50.00 per day./I William Hurdlow, 1143 Aberdeen, felt that the fee was prohibitive to operating a fortunetelling business. CM EBERT MOVED TO INTRODUCE AND READ BY TITLE ONLY THE MUNICIPAL CODE AMENDMENT RELATIVE TO LICENSE TAX ON FORTUNETELLERS, SECONDED BY CM KAMENA. Cm Ebert stated that he was not in favor of restricting free trade, but was aware that fortunetelling and related activities have a ten- dency to attract bunco artists, and felt this ordinance was necessary. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. MATTERS INITIATED BY COUNCILMEMBERS (Re Paul Curtis Resignation) Mayor Turner announced that Paul Curtis, Livermore's Zoning Adminis- trator~ has resigned to take a position in Southern California. He commented that Mr. Curtis has done an outstanding job for the City of Livermore, and wished him the best of luck with his new job. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:20 p.m. APPROVE \ '~~~y ATTEST CM-36-28 Regular Meeting of February l3, 1979 A regular meeting of the Livermore City Council was held on Tuesday, February 13, 1979, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Turner. ROLL CALL Present: Cm Dahlbacka, Ebert, Kamena, Staley and Mayor Turner Absent: None PLEDGE OF ALLEGIANCE Mayor Turner led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. MINUTES APPROVAL OF l/22/79 MEETING ON MOTION OF CM KAMENA, SECONDED BY CM EBERT, THE MINUTES OF l/22/79 WERE APPROVED AS SUBMITTED, WITH CM DAHLBACKA ABSTAINING IN TOTAL, CM STALEY ABSTAINING FOR THAT PORTION OF THE DISCUSSION THAT HE MISSED, AND THE OTHER COUNCILMEMBERS VOTING AYE. SPECIAL EVENTS Annabelle Cabral presented a flag to the City of Livermore on behalf of the Livermore Valley VFW Post #7265 Auxilliary. Mayor Turner thanked the Auxilliary on behalf of the City and all its citizens. OPEN FORUM Dick Ryon, l183 Glenwood Ct., asked if there would be a public hearing on Item 4.4 (Hearing - Brice vs. City of Livermore - remand). Gary Reiners, City Attorney, stated that the item was put on tonight's agenda in order to get Council's direction for a possible setting of a public hearing at the next meeting and formal notice to be published in the newspaper. PUBLIC HEARING RE CUP/PUD, TENT. TRACT NO. 3940 A public hearing was held to consider an application from Associated Professions regarding a site at the north end of Sprinçtown Blvd. for a CUP/PUD Permit to allow development of a residential subdivision. An E.I.R. has been prepared and is a part of the hearing; also Tenta- tive Tract No. 3940. A report from the Planning Commission recommended that the Council adopt a resolution certifying the E.I.R. and approving the PUD/CUP and Tent. Tract Map No. 3940 in accordance with P.C. Resolution No. 1-79. Howard Neis, Planning Director, noted that the school site proposal of the developer is contingent on the fact that within three years, if the School District does not pick it up, the developer will reconsider the land for possible development. He added that the Park District has indicated that they would like to see funds from the City for develop- ment of the park site. Mr. Reiners commented that the school site is not a compulsory dedica- tion in the nature of a reservation. It has been proposed by the devel- oper and would be done at his convenience and not at the City's demand. Mayor Turner opened the public hearing. Earl Mason, representing the applicant, Palomar Homes, stated that the applicant has gone over the proposal carefully with the Planning Com- mission and the staff and together all problems have been resolved. He added that the offer of the school site to be dedicated is in conform- ance with the new General Plan revision, and that the applicant would like the dedication-vs-buying question resolved within a few months. CM-36-29 February l3, 1979 (Re Tract 3940) Ray Faltings, lOlB Via Granada, asked if the developer was donating the land for school use or dedicating it for the school to buy at a later date. Mr. Nies said that the proposal is that the developer would receive density for giving the site to the School District, which is the reason for the stipulation, in the event the School District does not wish to do that, in which case it would come back to staff and council for rediscussion of that particular area. Mr. Faltings asked if this donation takes the place of the requested fee from builders to assist the schools in its housing requirements due to the increase in school population. Mr. Nies stated that they still had to pay the high school fee. Mr. Reiners felt there was confusion over the term "density transfer". He stated the developer will get credit for gross acreage under the General Plan definition for property that is transferred into public ownership, either through parkland dedication or as in this case, school site dedication. If it is not transferred into public owner- ship, the developer does not get credit for it but doesn't need it because it's open for development. That's the decision the developer is waiting for, although he would probably prefer to have the school site developed, he added. He continued that it is not in lieu of any fees, but is basically a question of how to calculate the gross acre- age for density. Mr. Faltings asked if this site was big enough for a high school. Mr. Nies stated that the parcel in question is an elementary school site. Bill Payne, General Manager of LARPD, restated the position of the LARPD in regard to the park site. He said the park does fall within the standards set by the District and accepted by the City Council. The Board requested that funds be put aside for development of the park site. Cm Staley noted that he was prepared to support the dedication of the park, but wasn't sure he was prepared to support building it. Mr. Reiners explained that the matter under discussion relates to a provision under the existing Joint Powers Agreement that relates to the disbursement of business license tax funds. There are two separate sources of "park fees" in the City, the in-lieu fee for park dedication, and the fund that is generated by the business license tax on residential construction, he noted. Use of the park fees was discussed by Councilmembers and Mr. Payne. It was decided the area needed further future discussion, the Council not being prepared at present to discuss the funding for building the park, only the dedication of the park site. Rudy D'Ambra, Director of Facilities for the school District, com- mented that the School Board reviewed and approved the school site but did not discuss the manner of acquisition although as a matter of practicality the Board prefers not to acquire a site until immed- iately before it becomes necessary. He added that a new high school will not be required until about 1985-87, depending on how fast devel- opment takes place, but that two elementary schools will be needed in the north-of-I-580 area. ON MOTION OF CM EBERT, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE THE PUBLIC HEARING WAS CLOSED. CM-36-30 February l3, 1979 (re Tent. Tract 3940) ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED THE RECOMMENDATION OF THE PLANNING COMMISSION TO FILE THE E.I.R. AND APPROVE THE PUD/CUP AND TENTATIVE TRACT MAP NO. 3940 IN ACCORDANCE WITH P.C. RESOLUTION NO. l-79. PUBLIC HEARING RE HCD BLOCK GRANT APPLICATION A public hearing was held regarding proposed amendments to the Housing and Community Development Block Grant application to: l) transfer $l5,000 from Interfaith Land Acquisition to Housing Coordination for the referendum in March, 2) transfer $3,500 from the Contingency fund to the Conceptual Design Project in connection with improving properties backing on the merchants parking lot. Ed Schilling, Assistant to the City Manager, noted that this was the first time that the City has proposed expenditures from the 1978/79 funds that were not approved at some level previously. These are new programs and a public hearing was necessary for formal approval. Mayor Turner declared the public hearing open. In reply to a question by Mr. Faltings, Mr. Schilling stated that the Interfaith people were not able to acquire the property that they wanted for expansion of their facility. Therefore, because of their interest in this referendum, they volunteered the use of the funds assigned to them for the upcoming election. In 1979/80, the Council and the Board of Supervisors has approved the utilization of $200,000 of the HCD Block Grant money for landbanking, which can be used for that purpose. ON MOTION OF DAHLBACKA, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. CM DAHLBACKA MOVED TO APPROVE BOTH PROPOSED AMENDMENTS, SECONDED BY CM STALEY. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. RE DUARTE GARAGE AND LINCOLN HIGHWAY PROJECT A report was received from the Livermore Heritage Guild regarding the progress made, in 1978, on the Duarte Garage and Lincoln Highway Museum Project. It was noted for filing with the recommendation that the City Manager look into the matter of liability insurance on the premises. RE GENERAL PLAN CONFLICTS IN LIVERMORE/AMADOR VALLEY A communication was received from Edward J. Kinney, Zone 7 Board of Directors Chairman, regarding conflicts in various General Plans with- in the Livermore/Amador Valley. It was referred to the staff, to be brought back to Council at a later date. HOUSING AUTHORITY RESIGNATION A letter was received from Linda Chapman indicating appreciation for the appointment as a Housing Authority Commissioner for the past four years, and informing the Council that she is not interested in a reap- pointment. It was the consensus of the Council to send Ms. Chapman a letter of appreciation for her outstanding efforts as chairman and member of the Housing Authority. CM-36-3l February 13, 1979 CITY MANAGERS REPORT (re Taxicab Service) Lee Horner, City Manager, reported that today an administrative hear- ing was held at which the owners of the taxicab service were to give reasons why their license should not be suspended and revoked. No one from the taxicab company appeared at the hearing so steps will be taken to suspend their license which means that the City will be solic- iting interest from other parties for taxicab service in Livermore. (Multi-Service Center) The staff of the Multi-Service Center is preparing for a grand opening of the facility on March 4, 1979, and Councilmembers will be receiving invitations shortly. (Meeting with Legislators) There will be a meeting with local legislators on Feb. 21 in Sacramento to discuss the reimbursement outlook for 1979/80 and other matters of interest to the City. RE TENT. TRACT MAP 4165 TRANS-ACTION BROKERS This matter was continued from the meeting of January 22, at the devel- oper's request, to gain further information regarding the requirements for street paving and/or replacement. Dan Lee, Director of Public Works, stated that the developer's engineer has provided the City with a report as to how he will meet the stan- dards provided in the engineering requirements. Staff has reviewed the report and notified Mr. Lee that the engineering requirements will be met by the developer and recommends that Council adopt a resolution approving Tent. Tract Map No. 4165, subject to the conditions outlined in P.C. Resolution No. 109-78. Bob Bisno, Trans-Action Brokers, stated that agreement had been reached with City staff, and he was in favor of Council's adoption of the Plan- ning Commission's recommendation. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA AND BY A UNANIMOUS VOTE, THE COUNCIL APPROVED TENTATIVE TRACT NO. 4165 AS RECOMMENDED BY THE PLANNING COMMISSION. A resolution will be prepared for the next regular meeting's Consent Calendar. RECESS Mayor Turner called for a brief recess, after which the meeting re- sumed with all members of the Council present. RE LOW/MODERATE HOUSING POLICY Discussion continued on several questions raised by Council, staff and developers regarding the proposed housing pOlicy. CM KAMENA MOVED TO REFER THE ITEM TO THE HOUSING COORDINATION COM- MITTEE AND TO ASK FOR THEIR REPORT ON APRIL 9TH AT WHICH TIME COUNCIL WOULD MEET JOINTLY WITH THE HOUSING COORDINATION COMMITTEE, SECONDED BY CM STALEY. Jack Tinney, l468 Chelsea Way, requested that the Tinney-Vane town- house project be afforded the same consideration given projects in- cluding tentative map approval, if that should become a factor in the in lieu policy process. His plans will be ready early in March, he stated. CM-36-32 February 13, 1979 (Re Low/Moderate Housing Policy) Mr. Reiners stated that a subdivision is required if there is going to be divided ownership of the parcel. He added that consideration given Mr. Tinney would depend on the policy determination of the Council as to the treatment to be given tentative maps that are already approved, but, at worst, Mr. Tinney would get equal treatment. Mr. Tinney indicated that was acceptable to him. Mr. Nies noted that $64,000 is the maximum acceptable figure for moder- ate income housing. He added that the fees on the one subdivision which has come through were set at $50 per unit. Mr. Tinney, as a member of the Housing Coordination Committee, recom- mended that the Committee be given adequate time, at least two months, to review this policy, and suggested the first meeting in May, the 14th, be the target date. Don Miller, 2862 Waverley, urged discussion at the earliest possible time. It was noted that public input would be taken at the April 9th meeting. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. RE DIRECTLY ELECTED MAYOR Discussion continued on issues related to the directly elected mayor. Cm Staley noted that in addition to the more visible duties of the Mayor, such as conducting Council meetings, the Mayor, being a government fig- ure head, will have to deal with more complaints than the rest of the Councilmembers. This will require a great deal of time. The Mayor's presence will also be requested at a large number of civic and business functions. Cm Dahlbacka felt that more time would be required to fulfill the duties of Mayor and that that fact should be reflected in his salary. Other than that, he could see no significant difference between the Mayor's duties and those of any other Councilmember. Cm Ebert said he could see the Mayor becoming more of a working corpora- tion director or chairman and his salary should be commensurate with the duties required. He felt that in the future it may be necessary to pro- vide the Mayor with an administrative assistant. He suggested having the Personnel Director prepare a report on duties and comparable salaries. Cm Kamena stated that his reading of the City Attorney's report on the elected mayor led him to conclude that there were two differences be- tween the potential mayor of 1980 and the mayor of today, the authority and duty to make all apointments to boards, commissions, and committees, with Council approval, and the ability to draw additional salary. He felt the first difference (appointments) really wasn't a difference be- cause Council approval was necessary. Additional time would be required of an elected Mayor, he agreeð, and an administrative assistant may be necessary, in addition to space being made available for the Mayor's use at City Hall. He added that the elected mayor probably would be respon- sive to the electorate, rather than the Council and the electorate as is now the case. Mayor Turner noted that he, as mayor, receives a tremendous number of phone calls, but he did not think that an elected mayor would be spending any more time with the public. He did not feel an elected mayor would be required to spend more hours doing the job. He agreed that the mayor would be isolated from the rest of the Councilmembers but would still have to have their cooperation. He saw no reason to provide an admin- istrative assistant or to increase the Mayor's salary because he didn't see that much change in the position. CM-36-33 February 13, 1979 (Re Elected Mayor) Cm Ebert felt that the responsibilities of an elected mayor justified an increase in salary. Cm Dahlbacka commented that Livermore's officials have been avoca- tional in the past and he would hate to see the mayor's salary become sufficiently large to allow the mayor to pursue the job profession- ally. He also felt hiring an assistant to the Mayor was unnecessary. It was the consensus of the Council to refer the item back to the staff for additional research regarding salaries, duties, and addit- ional involvement of the elected mayor. Cm Dahlbacka suggested that the elected mayor's term and those of the Councilmembers be fixed by ordinance at 8 years. Cm Ebert disagreed and felt it should be left to the electorate to decide, but added he could agree to the limitation of the Mayor's term. council asked the City Attorney to research the matter and report back to them at the next meeting. Cm Kamena noted that under the proposed system, a successful candi- date would have to, at the point of swearing in, resign from the Council in order to take a position as a new Councilmember or Mayor, contrary to the statement required at filing, that the candidate will accept the duties if elected. Policy regarding alternatives for filling vacancies created by Councilmembers successfully running for Mayor were discussed by the Council. Some discussion was also devoted to term of office, required resignations and the mechanics of filing and running for the office of mayor. Ray Faltings, lOl8 Via Granada, felt than any individual who ran for mayor and was defeated has been repudiated by the electorate as a continuing Councilmember. HEARING, BRICE VS. CITY OF LIVERMORE, REMAND Mr. Reiners recommended Council set a public hearing on the remand of the Superior Court for the next Council meeting. The public hearing is necessary for Council to reconsider the findings and, if not, the matter would not be taken back to the Superior Court, the judgement rendered becoming final. Cm Kamena felt it was Council's legislative duty to comply with the Court's wishes and MOVED TO SET THE PUBLIC HEARING FOR FEB. 26, SEC- ONDED BY MAYOR TURNER. (Cm Dahlbacka's comments are inaudible on tape) THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. Don Miller, 2862 Waverley, stated that Council action had showed favoritism towards Sunset Development and had resulted in Council's reputation being tarnished. He added that Council's direction to Mr. Reiners had violated the Brown Act. Mayor Turner stated the reason for the public hearing is to discuss pUblicly any changes to the original variances that might be made, according to the judge's instructions. He stated that in the past the City has lost lawsuits but did not give up. He added that Mr. CH-36-34 February 13, 1979 (Re Hearing on Remand, Brice vs. Livermore) Miller's opinion that the Councilmembers' reputations were tarnished was only Mr. Miller's opinion. Cm Ebert objected to Mr. Miller's comment that the Brown Act was being violated. RE TENT. PARCEL MAP 2838 Regarding Tentative Parcel Map No. 2838, south of Research Dr., west of Vasco Rd., the Planning Commission recommended that Council adopt a res- olution approving the Tent. Parcel Map based on the findings and subject to the conditions of P.C. Reso. 7-79. The area is an extension of an existing industrial subdivision. Dave O'Connor, Fire Marshall, was concerned about the water supply, in- dicating that it might not be adequate for protection services in the area. Discussion followed concerning various methods of insuring adequate water supply to the area, based on the premise that there should be an attempt to provide more than one source of water supply to increase the reliability of the system. Costs, methods of financing and the possi- bility of a benefit district being set up were also discussed. CM DAHLBACKA MOVED TO APPROVE THE PLANNING COMMISSION'S RECOMMENDATIONS, ACCEPT THE FIRE DEPARTMENT'S RECO~MENDATION BUT TO INSTRUCT STAFF TO ESTABLISH THE FORMATION OF A BENEFIT DISTRICT TO AMORTIZE THE COST OF THE WATER LINE, SECONDED BY CM STALEY. It was the consensus of Council to refer to staff the negotiation be- tween staff and developer of a benefit and assessment district, and to prorate as much as possible of the cost of the off-site waterlines to those properties which benefit. CM KAMENA MADE A SUBSTITUTE MOTION TO CONTINUE THE ITEM FOR TWO WEEKS, SECONDED BY CM EBERT. THE MOTION PASSED 3-2, CM DAHLBACKA AND MAYOR TURNER DISSENTING. RE TRACT 3760, PHASE I A report was received from the Public Works Director regarding final map approval for Tract 3760, Phase I, recommending Council approval of the Final Tract Map and Subdivision Agreement. CM STALEY MOVED TO ADOPT A RESOLUTION AUTHORIZING EXECUTION OF THE SUB- DIVISION AGREEMENT, ACCEPT BONDS AND APPROVE MAP FOR FINAL RECORDING, SECONDED BY CM KAMENA. In reply to a question by Mike Farley, Kay Building, it was agreed that the duplexes satisfied the low/moderate housing requirement. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. RESOLUTION NO. 25-79 RESOLUTION APPROVING MAP OF THE SUBDIVISION OF TRACT 3760 RESOLUTION NO. 26-79 RESOLUTION ACCEPTING AGREEMENT AND BONDS FOR IMPROVEMENTS TO TRACT 3760 CM-36-35 February 13, 1979 RE VELO PROMO PROPOSAL A report was submitted by the City Manager regarding a Velo Promo pro- posal of a bicycle race conclusion site within the City of Livermore. CM KAMENA MOVED TO APPROVE THE RACE ON JULY 2, 1979, AND TO AUTHORIZE STAFF TO WORK WITH THE PROMOTER AS TO FINALIZATION OF PLANS AT NO EX- PENSE TO THE CITY, SECONDED BY CM STALEY. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. RE EIR, LLL SEWER LINE The Public Works Director submitted a report regarding the E.I.R. prepared for the LLL proposed Gravity Sanitary Sewer Line to the City's industrial sewer line. CM STALEY MOVED TO ADOPT A RESOLUTION TO CERTIFY THAT THE DRAFT E.I.R. IS A TRUE AND ACCURATE DOCUMENT, SECONDED BY CM KAMENA. (John Stein's comments were inaudible on the tape.) THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. RE ADMINISTRATION BUILDING INTERIOR FURNISHINGS Bids were awarded for Administration Building furnishings including the movable wall systems and ambient and task lighting which are required because of building design. The bid total includes refini- shing existing file cabinets to be compatible with the new building. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE THE COUNCIL ADOPTED A RESOLUTION AUTHORIZING ISSUE OF PURCHASE ORDERS FOR THE LOW BIDDERS. RESOLUTION NO. 27-79 A RESOLUTION AWARDING BID AND AUTHORIZING ISSUANCE OF PURCHASE ORDER (FURNITURE AND FURNISHINGS FOR ADMINISTRATIVE BUILDING) RE UNDERGROUND UTILITY DISTRICT FORMATION Staff is recommending the formation of three underground utility districts as a continuation of the City's program of converting over- head electrical, telephone, and TV cable on major arterials to an un- derground system. The Engineering Dept. recommended adoption of a resolution which declares the City's intent to call a hearing and to set that hearing for March 27. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE ENGINEERING DEPARTMENT'S RECOMMENDATIONS WERE ADOPTED. RESOLUTION NO. 28-79 RESOLUTION DECLARING INTENTION TO CALL PUBLIC HEARING FOR REMOVAL OF POLES AND OVERHEAD WIRES FROM PUBLIC STREETS AND DIRECTING CITY CLERK TO NOTIFY PROPERTY OWNERS, UTILITY USERS AND UTILITY COMPANIES EXTENSION OF MEETING ON MOTION OF CM DAHLBACKA, SECONDED BY MAYOR TURNER AND BY UNANIMOUS VOTE, THE MEETING WAS EXTENDED FOR l5 MINUTES. CM-36-3 6 February 13, 1979 * (Motions were made on each individual J \ appointment aad are reflected on the "i~~ J;COruUTTEE NAME CHANGE, original resolutions as corrected. .r\~ ~.' VARIOUS APPOINTMENTS þ' ~- * THE FOLLOWING hPPOINTMENTS WERE ~~DÐ: Social Concerns Committee Cathie Brown Hector Timourian Cheryl Davies Gail DeSelm Robert Anglin Barbara Baird Shelia Donohue Rita Morris Beautification Committee: Heritage Preservation Comm: Design Review Committee Housing Authority Energy Conservation Committee ON MOTION OF CM KAMENA, SECONDED BY CH EBERT, AND BY UNANIMOUS VOTE, THE AIRPORT ADVISORY COMMITTEE WAS RENAMED THE AIRPORT COMMISSION. P.C. MEETING MINUTES OF JANUARY 23, 1979 The Planning commission minutes of the meeting of January 23, 1979 were noted for filing. CONSENT CALENDAR Re Multi-Service Center Fees and Policy Council adopted a schedule of rental fees for the Multi-Service Center and a reservation policy which establishes classes of users and proce- dures for reserving space. The fees will help to cover the cost of the Center operation and maintenance. Re Sign for Springtown Golf Course Council approved the expenditure of $800.00± for a directional sign for Springtown Golf Course, alerting the public to the existence of the pub- lic recreation facility. Reso. re Amendment to Salary Resolution Council adopted a resolution amending the salary resolution regarding the temporary positions of Ch. Building Inspector and Survey Trainee. RESOLUTION NO. 29-79 A RESOLUTION OF THE CITY OF LIVERMORE AMENDING RESOLUTION NO. 324-78, FOR THE CLASSIFIED AND UNCLASSIFIED EMPLOYEES OF THE CITY OF LIVERMORE, ESTABLISHING RULES FOR ITS USE. Reso. re CETA, Title VI The Council adopted a resolution authorizing amendment of contract re- garding CETA for Title VI for a 3 month period. RESOLUTION NO. 30-79 A RESOLUTION AUTHORIZING AMENDME~T OF CONTRACT (CETA, Title VI) Resos. re Multi-Service Center Space Rental The Council adopted three resolutions authorizing execution of agree- ments for space rental in the Multi-Service Center. RESOLUTION NO. 31-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Valley Child Care) CM-36-37 February l3, 1979 (Resos. re Multi-Service Center) RESOLUTION NO. 32-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Horizons) RESOLUTION NO. 33-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Pleasanton Health Care Center) Resos. re Benefit Districts The Council adopted two resolutions confirming establishment of benefit districts following hearings held on January 22, 1979. RESOLUTION NO. 34-79 RESOLUTION CONFIRMING ESTABLISHMENT OF HAGEMANN DRIVE BENEFIT DIST.RICT NO. 78-2 RESOLUTION NO. 35-79 RESOLUTION CONFIRMING ESTABLISHMENT OF OLIVINA AVENUE BENEFIT DISTRICT NO. 78-3 Reso. re Election The Council adopted a resolution appointing election officers, con- solidation of precincts and polling places, hours, and compensation of election officers. RESOLUTION NO. 36-79 A RESOLUTION APPOINTING ELECTION OFFICERS, CONSOLIDATION OF PRECINCTS AND POLLING PLACES, HOURS TO BE OPEN AND FIXING COMPENSATION OF ELECTION OFFICERS. Reso. re Tent. Map 4178 Reflecting action taken at the meeting of 1/22, after which the de- veloper, Louis Trotter withdrew his variance appeal, the Council adopted a resolution approving Tentative Map No. 4l78. RESOLUTION NO. 37-79 A RESOLUTION APPROVING TENTATIVE TRACT MAP 4178 AND HOLDING APPEAL FROM DENIAL OF VARIANCE (Louis Trotter) Claims and Warrants There were 92 claims in the amount of $85,783.45, dated l/l7/79 and approved by the City Manager. There were 126 claims in the amount of $178,548.9l and payroll warrants in the amount of $233,595.80 less a Treasury Bill in the amount of $l90,648.33 for a total of $602,793.04, dated 1/29/79 and approved by the City Manager. CONSENT CALENDAR APPROVAL ON MOTION OF CM EBERT, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, WITH THE EXCEPTION OF CM DAHLBACKA'S ABSTENTION ON ITEM 6.8 (Tent. Map No. 4l78), THE CONSENT CALENDAR WAS APPROVED. CM-36-38 February 13, 1979 MATTERS INITIATED BY COUNCIL Cm Ebert stated that he had received a complaint regarding tractors on Second St. behind ABC Sales. The matter was referred to the City Man- ager. Cm Ebert also asked for an executive session after tonight's meeting for discussion of personnel matters. Cm Staley reported that Christine Sherman has submitted a resignation from the Manpower Advisory Council since she will be serving as chair- man of the Library Board this year. It was the consensus of the Council to send her a letter of thanks and appreciation for her services on the MAC Board. Cm Staley asked that Council appeal the February 2lst action of the Zoning Administrator regarding the MacDonald Restaurant's application to allow a drive-up facility. The matter will be discussed by the Coun- cil at their meeting of February 26. Mayor Turner asked that an item pertaining to I-58D be placed on the agenda in the near future. ORD. RE BIDDING AND PURCHASING ON HOTION OF CM KAMENA, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE COUNCIL ADOPTED AN ORDINANCE REGARDING A MUNICIPAL CODE AMENDMENT RE- LATING TO BIDDING, PURCHASE ORDERS, SPLITTING ORDERS, AND PURCHASING. ORDINANCE NO. 982 M~ ORDINANCE AMENDING SECTIONS l7A.7, RELATING TO BIDDING, l7A.8, RELATING TO PURCHASE ORDERS, AND ADDING A NEW SECTION, 17A.15, RELATING TO SPLITTING ORDERS TO AVOID COMPETITIVE BIDDING, ALL OF CHAPTER l7A, RELATING TO PURCHASING, OF THE LIVERMORE CITY CODE, 1959. INTRO. OF ORD. RE RS ' rrSTRICT ON MOTION OF CM KÞMENA, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, THE COUNCIL INTRODUCED AND READ BY TITLE ONLY AN ORDINANCE REGARDING THE ZONING ORDINANCE REPEAL OF RS-SUBURBAN RESIDENTIAL DISTRICT. ORD. RE LICENSES FOR FORTUNETELLING, ETC. William Hurdlow, ll43 Aberdeen, objected to the $50.00 fee stipulated by the ordinance. CM DAHLBACK1\. MOVED TO CHÞ.NGE THE FEE STIPULATED TO $25.00. MOTION DIED FOR LACK OF SECOND. ON MOTION OF CM KAMENA, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE THE ORDINANCE REGARDING A MUNICIPAL CODE AMENDHENT RELATING TO LICENSES, FORTUNETELLING AND RELATED PRACTICES, WAS ADOPTED BY COUNCIL. ORDINANCE NO. 983 AN ORDINANCE AMENDING CHAPTER 12, 'RELATING TO LICENSES, OF THE LIVEID10RE CITY CODE, 1959, BY THE ADDITION OF SUBSECTION 12.25 (i) THERETO, RELATING TO A FLAT RATE LICENSE TAX FOR FORTUNETELLING AND RELATED PRACTICES. CH-36-39 February 13, 1979 ADJOURNHENT There being no further business before the Council the meeting was adjourned at 11:50 p.m. to an executive session for the discussion of personnel matters. APPROVE 0~)~ Mayor ----- --.... ATTEST 0l~~~aL ~ Clerk ()(. rmore, California Regular Heeting of February 26, 1979 A regular meeting of the Livermore City Council was held on Monday, February 26, 1979, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Turner at 8:07 p.m. ROLL CALL Present: Cm Dahlbacka, Ebert, Kamena and Mayor Turner Absent: Cm Staley (seated during Open Forum) PLEDGE OF ALLEGIANCE Mayor Turner led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. MINUTES APPROVAl, - 2/7/79 & 2/13/79 ON HOTION OF CM KAMENA, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE MINUTES OF FEBRUARY 7, 1979 AND FEBRUARY 13, 1979, vJF:RE APPROVED. OPEN FORUM Ray Faltings, l018 Via Granada, inquired regarding the public housing election, if it would be exempt from the 2% growth limit, and if all the normal development costs would be obtained from the construction activity in building the public housing. Mayor Turner said he understood that it did fall within the 2% growth rate. Regarding the development fees, he did not know if the City collects the fees on public housing. Mr. Faltings commented that the Public Housing Authority told him that the Federal Government would be liable for all normal develop- ment fees within the community and he asked if the City would collect those fees or would the public housing get a free ride. Mayor Turner stated that he would have to assume that if they were subject to the fees, the City would collect them. CM-36-40 February 26, 1979 (Open House) Harold Wiesner, 883 Adams Ave., member of the Board of Interfaith Housing, supported the housing referendum, and invited the Council- members, the press, and the general public to an open house at Hill- crest Gardens on March 3, from 2:00 to 4:00 p.m. (Secret Witness Program) Kay Parra, 819 Brennan Way, complained that the Secret Witness Program avoided paying the stated reward for information when the Police Dept. picked up the alleged suspect but charged him with a different offense. The matter was referred to Joe Sladky who is in charge of the program. PUBLIC HEARING RE SUNSET DEVELOPMENT VARIANCES Mayor Turner announced that Council had received a letter from Mr. Meh- ran, Sunset Homes Vice-President, withdrawing his application for the variances. No further action was taken and the matter was closed. LETTER OF THANKS FROH LEO CROCE, LVUSD A communication was received from Leo R. Croce, Superintendent, Liver- more Unified School District, expressing appreciation to the City Council and staff in working with the District as they seek better financing for the donstruction of new schools. RESIGNATION FROM HERITAGE PRESERVATION COMMISSION A letter of resignation from the Heritage Preservation Commission was received from Leslie Jensen. It was the consensus of the Council to send Ms. Jensen a letter of appreciation for her service to the City. CITY MANAGER'S REPORT Lee Horner, City Manager, stated that a delegation from the City of Livermore (Councilmembers and staff members) met with Assemblyman Mori and Senator Holmdahl in Sacramento last lI1ednsday to learn more about the possibilities of bailout money for 1979-80. TIe stated the City may get one more year of bailout monies at approximately the same level as this year. The Zone 7 Board, at their meeting of Feb. 7, instructed their staff to set up guidelines for standards that would apply to package plants such as the Ruth Property. These guidelines will probably be discussed at their next Board meeting in March. APPEAL OF ZONING ADHDI. ACTION RE CUP FOR HCDŒ1ALD 's RESTAURANT Cm Staley has appealed the Zoning Administrator's action of 2/13/79 to allow a drive-up facility for McDonald's Restaurant, 283 North "P" Street. Cm Staley stated that he had discussed this item in detail with repre- sentatives from HcDonald's Restaurant and several of his concerns have been satisfied. In reply to a question by Cm Staley, Howard Nies, Planning Director, commented that the ratio for parking at the site was 1 to 1, but that the site was less than 1 acre in size. Parking in the entire center has a ratio of almost 2 to I, he added. CM-36-4l February 26, 1979 (Re Appeal, McDonald's) Hr. Neis noted that the conditions required on the earlier CBD appli- cation have all been incorporated in this application. Cm Staley commented that he had been concerned with the egress and ingress from Olivina, traffic problems, circulation problems on the lot, and air pollution resulting from cars waiting in line. Most of these concerns had been resolved in his meetinq with the McDonald's representatives. He felt it was valuable to have a drive-up window for families with several small children, and added that parking re- quirement were lessened since it eliminates people from parking when they're waiting to pick up an order. He added he would now support the CUP approval by the Zoning Administrator. ON MOTION OF CM STALEY, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE COUNCIL UPHELD THE ACTION OF THE ACTING ZONING ADMINISTRATOR REGARDING THE DRIVE-UP FACILITY FOR MCDONALD'S RESTAURANT. CONTINUED DISCUSSION RE TENT. PARCEL MAP 2838 This matter was continued upon request of the developer to allow investigation into the possibility of benefit/assessment district formation. The area is an industrial subdivision located south of Research Dr. Mr. Horner reported that staff has reviewed the possibilities but a report has not been finalized, so Earl Mason, representing the developer has requested that the item be continued to March l2. The item will be discussed further at Council's meeting of March l2. CONTINUED DISCUSSION RE ELECTED MAYOR Discussion continued on the salary, duties, and responsibilities of the elected mayor. Gary Reiners, City Attorney, reported that the city cannot reduce the term of a councilmember who runs for Mayor, or force such a councilmember to resign. He added that Council could adopt a policy of appointing the "runner-up" for either mayor or councilmember to fill a vacancy created by a seated councilmember's election as mayor. Hayor Turner stated that the staff had done a salary survey of the l3 cities in Alameda County indicating salaries of Mayors and Council- members. In 9 of the cities, the salaries of the Mayor and Council- members were identical. Cm Dahlbacka supported no change in salary to prevent the position from becoming professionalized. Mayor Turner's position was that the Mayor should receive no more than the Councilmembers in salary. Cm Ebert commented that he felt the city was headed toward a charter city, and would like to see the mayor have office hours in City Hall and be directly approachable by the citizens. He suggested that the M.ayor's salary should be at least double that of a Councilman. Mayor Turner pointed out that Livermore is still a general law city and tne mayor is a part-time job, the City Manager running the day to day operation of the City. He was concerned that the requirement of regular office hours would prohibit many people from holding the office of Mayor, since it would interfere with their regular employ- ment. CM-36-42 February 26, 1979 (Re Elected Mayor) Cm Staley felt that the ~1ayor receives more calls and letter than the Councilmembers, and incurred more expenses, and felt an increased sal- ary was justified. He felt the only people who could afford to run for mayor in Livermore were those who did not need the money, and pre- ferred to have a situation where anyone could run for the office. CH EBERT HOVED TO PAY THE MAYOR TvJICE THAT OF A COUNCILf.V\N ($590) SECONDED BY cr1 STALEY. Cm Dahlbacka felt that $590 was too much and not consistent with the concept of volunteer government. He did not feel that many peoDle were excluded because of financial reasons. John Stein, l534 Kathy Ct., stated that in all cases except newark, general law cities pay their mayor the same as their councilmembers. He agreed with Cm Staley that Councilmembers salaries should be tied to the cost of living index. Cm Kamena felt that the Hayor and Councilmembers needed some staff support in the area of secretarial assistance, etc. He also suggested a common mailbox for the Mayor and Councilmembers. lIe stated he found it difficult to support the motion on the floor. (Part of Cm Kamena's comments are inaudible on tape.) THE MOTION WAS VOTED ON AND FAILED l-4, CH DAHLB.ACKA, KAMENA, STALEY AND MAYOR TURNER DISSE~TING. CM KAMENA r10VED TO RAISE THE ELECTED :r-.1AYOR'S SALARY BY $lOO ABOVE THE A..~OUNT PAID TO COUNCILMErJ[BERS, SECONDED BY CJI.1 STALEY. THE MOTION WAS VOTED ON AND PASSED 4-1, HAYOR TURNER DISSET\TTn¥~. (Cm Kamena's comments are inaudible on taDe.) CM EBERT MOVED, THAT IN THE EVENT THAT THERE IS A VACANT COUNCIL SEAT DUE TO THE MAYOR'S ELECTION, THAT THE HIGHEST VOTE-GETTER OF EITHER THE KAYOR OR COUNCIL OF THE ENTIRE ELECTIOJ'J BE APPOINTED TO FILL THE VACANCY. THE MOTION DIED FOR LACK OF A SECOND. Mayor Turner felt that the situation would require a special election and was not in favor of filling the vacancy by appointment. He felt the public had the right to select their representative. CM KAMENA MOVED TO DESIGNATE ONE SEAT AS A TNO-YEAR SEAT INSTEAD OF A 4- YEAR SEAT, ONE THm ONLY TO ALLŒ\T THE CITY, EACH TW) YEARS, TO HAVE 2 COUNCILMEMBERS A~m A MAYOR RUNNINr" THE NEXT Tt\10 YEARS ANOTHER TWO COUNCILHEMBERS AND THE HAYOR, WHICH WOULD ELIMINATE THE NEED FOR A RUN- OFF OR SPECIAL ELRCTION. MOTIOn SECO':'JDED BY CM STALEY. r1r. Stein pointed out that if a Councilmember was elected Mayor it would still create a vacancy on the Council. Mayor Turner commented that the election should be streamlined and felt it would be beneficial to consider one two-year term. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. PAYMENT REQUEST FOR ACCRUED VACATION - CHARLIE DAVIS The City Manager submitted a report regarding a request of Charlie Davis retired Battalion Chief in reference to payment for vacation accrued over and above the excess allowed in Personnel Rules and Regulations. Mr. Horner commented that the Personnel Director has indicated that the City does not have the authority to Day for vacation accrual exceeding the equivalent of 30 work days. CH-36-43 February 26, 1979 (Re Davis Request) CM STALEY MOVED TO SUPPORT STAFF FINDINGS NOT TO PAY MORE THAN 336 HOURS, THE AMOUNT THE APPLICANT IS ENTITLED TO UNDER THE CURRENT POLICY, SECONDED BY CM DAHLBACKA. Mr. Horner, in reply to Cm Kamena, pointed out that Council could override Personnel rules and regulations but that the applicant had already received one year of industrial disability leave and three months of sick leave. Charlie Davis stated that between 11/2l/77 anñ 2/3/79, no one from the City staff notified him that there would be any problems with collecting on his total accrued vacation time of 488 hours. He noted the exception made for Mr. Parness last year. Mr. Reiners commented that the basis of the staff recommendation in regard to Mr. Parness's situation was that in his position of chief executive officer over the years, he did not have the flexibility to take his accumulated vacation time. Mrs. Parra supported Mr. Davis's position. Ann Duncan, Personnel Director, stated that Mr. Davis had accumulated 225 hours of vacation time when he retired on disability. The rules state that you can accumulate a maximum of 25 days or with the approval of the City Manager, 30 days, for a total of 336 hours. She added that an employee continues to accrue vacation time while on disability under Labor Code #4850. Mayor Turner stated that his position was that though the disability was unfortunate, he felt Council should abide by the Personnel rules and regulations. THE MOTION WAS VOTED ON AND PASSED UNANDmUSLY. LOT LINE ADJUSTMENT 893-957 OLIVINA AVE. A lot line adjustment is requested to combine portions of a 15 ft. wide strip of land to four adjacent properties. The staff recommends that Council adopt a resolution approving the proposed lot line ad- justment based on I) no new parcels being created, 2) no additional development is anticipated and 3) the adjustment will reflect the existing residential use of the properties. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE THE STAFF RECOMMENDATION r'lAS ADOPTED. A resolution will be prepared for the next regular meeting's Consent Calendar. RE CITY'S GENERAL LIABILITY INSURANCE The City's major liability insurance policy is due for renewal on March 25, 1979 and the City Manager's office recommended that Council authorize staff to work through Gene Morgan to obtain optional general liability insurance coverage for a period not to exceed one year. Mr. Horner noted that staff is attempting to work out various self- insured funding policies, individually or jointly with County agen- cies or with the Contra Costa pool. The mechanics and procedures required will not be completed by March 25 so Council approval of the extension of our general liability insurance for one year only is needed. A report and a recommendation will be ready for Council at the meeting of March 12. CM-36-44 February 26, 1979 (Re Liability Insurance) ON ~10TION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE COUNCIL APPROVED THE CITY ~ßNAGER'S RECOMMENDATION. DISCUSSION RE USE OF 1-580 DIAMOND LANES The historv of the diamond lanes was reviewed by Hayor Turner who stated his positi~n was that the diamond lanes have ha~ an opportunity to func- tion and it would appear that they are not being utilized as designed. He has talked to Sen. Holmdahl who supports the opening of the diamond lanes to normal traffic, and requested that Council write to the Sena- tor supporting his position. Cm Dahlbacka said he was willing to change the definition for the dia- mond lanes from three persons to two persons but did not support abol- ishing the diamond lanes. Cm Staley supported abolishing the lanes because they do not prevent slow-ups occurring on the Dublin grade or eastbound from Eden Canyon Road. He added that many cars used the diamond lanes illegally, and he did not understand why the third lane had to be blocked off because of the diamond lane. HAYOR TURI-JER MOVED TO f<.JOTIFY THE AUTHORITIES NECESSARY AND SENATOR HOLMDAHL THAT THE POSITION OF "':'HE LIVEWlORE CI'J"Y COUNCIL IS THAT THE DIM1mm LANES ARE NOT WORKING, NOT FEASIBL'P, AND THE LANES SHOULD BE ,z\.BOLISIIED IN FAVOR OF A NORf\1AL COMMUTE LAlJP, SECONDED BY CfI1 STALEY. CM STALEY MADE AN AMENDING MOTION TO SUPPORT THE USE OF THE HIGHWAY THAT HOST EFFICIENTLY PRŒ~OTES THE FLOW OF TPAFFIC. Hayor Turner agreed to incorporate Cm Staley's amending motion into his original motion. In reply to a question by Cm Kamena, Mr. Reiners stated that he did not believe any grant money would be in jeopardy if the diamond lanes were eliminated. Dick Ryon, 1183 Glenwood Ct., chairman of the local Sierra Club, com- mented that local members of the Sierra Club were divided on the issue and reminded Council that a legally binding contract currently exists between the Sierra Club and the State of California and to try to break that could be interpreted as a show of bad faith. Paul Kasameyer, 692 Jefferson Ave., suggested Council support an up- dated complete E.I.5. since that is the requirement for changing the contract. rffiYOR TURNER AGREED TO INCORPORATE MR. KASAMEYER'S SUGGESTION IN HIS MOTION. THE MOTION WAS VOTED ON AND PASSED 4-1, CM DAHLBACKA DISSENTING. APPEAL TO COUNTY SUPER- VISORS RE HINDU CENTER Council discussed an appeal to the County Board of Supervisors regard- ing a Hindu Community and Cultural Center to be located in the area be- tween Livermore and Pleasanton. Alameda County has not, as yet, con- tacted Livermore about this application but it may have a serious im- pact on the city. Indications are that up to 2500 families could use the area in the future which would necessitate sewer treatment facil- ities. The County will hold a hearing on the application on March 1 and Mayor Turner felt it would be in the best interests of Livermore to have a representative at that meeting. CM-36-45 February 26, 1979 (Re Hindu Center) Cm Dahlbacka supported authorizing a representative to the meeting to explain our General Plan policies and the problems in providing services if it became a permanent community. ~1r. Nies didn't feel that the Center would have a major impact on the City of Livermore, since most of the access would come through Pleasanton. Cm Staley mentioned that he had discussed this matter with Super- visor RaYmond who indicated that the only part being recommended at this time is the first phase of three phases. He supported sending a representative to the meeting on March 1 to determine if there would be an impact on the City of Livermore. Sharon Heinz, 76l Wall St., and ~1ary Roberts, Vineyard Avenue, ex- pressed their concern that the Center would have a major impact on the area. It was the consensus of Council to authorize a staff member to be present at the March 1 meeting to explain the City's General Plan policies. RECESS Mayor Turner called for a brief recess after which the meeting re- sumed with all members of the Council present. RE ANNUAL DEVELOPMENT FEES AND WATER RATE ADJUSTMENTS ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THIS ITEM WAS CONTINUED TO THE MEETING OF MARCH 12 AT STAFF REQUEST. RE PLANNING CO~~ISSION APPOINTMENTS This item was placed on the agenda at the request of Cm Ebert, who read a prepared statement regarding his philosophical position on Boards and Commissions. He felt government should be operated in much the same way as a business. Therefore, various Boards and Commissions should be subordinate, operational arms of the Council. The Councilmen are the elected representatives of the people, who should reflect the will of the citizens, and the Board and Commission members, being appointed, should reflect the will of the Council. He felt Mr. Zagotta, Planning Commissioner, had a demonstrably poor record in this regard, in light of what the Council has done in terms of trying to foster additional commercial enterprises within the ci- ty, and felt he had an obstructionist attitude. Cm Dahlbacka felt Commissioner Zagotta had done the best job he pos- sibly could in trying to separate out the special interests from the interests at large and come up with recommendations for the public interests. In reply to an inquiry by Jan Brice, 262 Trevarno Rd., Mayor Turner stated that it is Council policy that any Councilmember may have an item put on the agenda even if it's only for discussion purposes. Cm Kamena said he could not support the removal of one commissioner in the middle of his term. (Most of Cm Kamena's comments are inaud- ible on tape) There was no support for Cm Ebert's position so the discussion was closed. CM-36-46 February 26, 1979 MUNICIPAL CODE RE ELECTION CONTRIBUTIONS/EXPENDITURES The Council discussed Municipal Code provisions as they apply to Elec- tion Campaign contributions and expenditures, as stated in Ordinance No. 935. Cm Ebert felt the ordinance was grossly unfair and restrictive in that it requires a lot of reporting on minor amounts and grossly limits the amount that anyone person can contribute to a campaign. He felt the penalty for failure to file before taking office should be changed. He suggested that "one dollar" in Sec. 2.49 (a), (l) through (4)should be changed to "five dollars". In Sec. 2.5l, he suggested eliminating subsection (a) and chanqinq subsection (b) to reaò "No one person shall, during an election period, make any contribution or contribu- tions which exceeds the maximum amount of $250.00, nor shall any such contribution be accepted by any person." Cm Staley felt that the requirement of an ordinance that requires dis- closure is one that's designed to inform the public when one candidate for office is receiving significant amounts of money from particular sections of the community, and felt the small donor should have the right of privacy. He supported a minimum of $10 that would protect the ordinary citizen's right to privacy. He added that if one has an ord- inance that requires people to disclose large sums of money, you must have one that is effective in making them disclose it in time for the public to have that information so stiff penalties are required. Hr. Reiners noted that the Supreme Court stuck down limits on expendi- tures as opposed to limits on contributions, finding that limits on ex- penditures violated the inherent right of a candiate to spend his or her personal fortune in support of a campaign. Cm Dahlbacka pointed out that the concern about anonymous contribu- tions is taken care of in the ordinance. There's a provision for anon- ymous contributions up to $50, he stated. Hayor Turner cOTr1menteò that the only names listed in the newspapers as campaign contributors are names which could raise some controversy. He felt that putting together a disclosure statement is a burden in many cases because of the reporting ordinance of the City of Livermore. Various suggestions were made and discussed by Council and members of the audience. CH DAHLBACKA MOVED TO SET A PUBLIC HEARP1G ON ANY PROPOSED CHANGES TO ORDINANCE 935 REGARDING ELECTION CAMPAIGNS, SECONDED BY MAYOR TURNER. Mayor Turner felt that the public should have an opportunity to discuss if but he didn't see any necessity for changing normal procedure by holding a public hearing. Cm Dahlbacka stated his intent was to have a period of time occur where the matter is well-publicized and that it be taken up as an item of business early in the meeting, such as under Unfinished Business rather than at the end of the meeting under Ordinances. THE MOTION '^lAS VOTED ON AND FAILED 1-4, CM EBERT, KAMENA, STALEY AND ~YOR TURNER DISSEN~ING. Fund raising events, deficit spending, setting the maximum individual contributions at $50, penalties, and changing the filing dates were also discussed. Staff was instructed to incorporate the suggested changes in a new draft of the ordinance to be brought back to çouncil for first reading and further discussion. C~1-36-4 7 February 26, 1979 MEETING EXTENSION ON MOTION OF CM DAHLBACKA, SECONDED BY C~~ STALEY AND BY UNANIMOUS VOTE THE MEETING DEADLINE WAS EXTENDED TO l2:00 MIDNIGHT. PUBLIC HEARINGS SET ON MOTION OF CM EBERT, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE THE FOLLOWING ITEMS FOR SET FOR PUBLIC HEARING ON MARCH 26, 1979: PUD/CUP - application for Industrial Complex, Livermore Airport Investors, east side of Kittyhawk Rd., north of Las positas First General Plan amendment - 1979 PLANNING COMMISSION SUMMARY OF ACTION A summary of action of the Planning Commission meeting of February 20 was note and filed. PLANNING COMMISSION MINUTES - 2/6/79 The Planning Commission minutes of the meeting of February 6 were submitted to Council and noted for filing. CONSENT CALENDAR Reso. re Mechanic Classification Study Council adoped a resolution relative to a classification study for mechanics in all City departments. RESOLUTION NO. 38-79 A RESOLUTION APPROVING REVISED JOB DESCRIPTIONS (Auto Mechanic I and Auto Mechanic II; Plant Mechanic I and Plant Mechanic II (WRP); Maintenance Mechanic) Reso. re WRP Salary ~djustments On recommendation of the Personnel Director, the Council adopted a resolution amending the salary resolution to reflect salary changes for Water Reclamation Plant Operator classifications, effective July 31, 1978. RESOLUTION NO. 39-79 A RESOLUTION OF THE CITY OF LIVERMORE AMENDING RESOLUTION NO. 324-78, FOR THE CLASSIFIED AND UNCLASSIFIED EMPLOYEES OF THE CITY OF LIVERMORE, ESTABLISHING RULES FOR ITS USE. Resos. - Appointments The following resolutions were adopted reflecting appointments made by Council at the last meeting. RESOLUTION NO. 40-79 A RESOLUTION FOR APPOINTNENT TO THE BEAUTIFICATION COMMITTEE (Cheryl Davis) CM-36-48 February 26, 1979 (Resos. - Appointments) RESOLUTION NO. 4l-79 A RESOLUTIm·T FOR APPOINTHENT TO THE HERITAGE PRESERVATION COMHISSION (Gail H. DeSelm) RESOLUTION NO. 42-79 A RESOLUTION FOR APPOnTT~Œ!'TT TO THE SOCIAL CONCERNS COHMITTEE (Cathie L. D. Brown and Hector Timourian) RESOLUTION NO. 43-79 A RESOLUTION FOR REAPPOINTHENT TO THE DESIGN REVIEW CO~U~ITTEE (Robert Anglin and Barbara Baird) RESOLUTION NO. 44-79 A RESOLUTION FOR REAPPOI;-.1THENT TO THE HOUSING AUTHORITY BOARD OF DIRECTORS (Sheila Donohue) RESOLUTION NO. 45-79 A RESOLUTION FOR REAPPOINTMENT TO THE ENERGY CONSERVATION COHf-lITTEE (Rita Morris) RESOLUTION NO. 46-79 A RESOLUTION FOR THE APPPOIHTHENT OF LEAGUE OF t.<10MEN VOTERS RBPRESENTATIVE TO HOUSING COORDINATION COHMIT'I'F.E (INnda Al vare z ) Reso. re College Avenue Channelization at 4th St. The Council approved the revised Program supplement to allow additional funding for the College Avenue channelization at Fourth St. RESOLUTION NO. 47-79 A RESOLUTION AUTHORIZING EXECUTION OF AGRF.E~Œ1'1T (State of California: Department of Transportation) Resos. re Leases The following resolutions were adopteò authorizing execution of leases for office space in the multi-service center. RESOLUTION NO. 48-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Alameda County Social Services Agency) RESOLUTION NO. 49-79 A RESOLUTION AUTHOR I ZING EXECUTION OF AGREE~·mNT (Valley Volunteer Bureau) CM-36-49 February 26, 1979 (Re Resos. - Leases) RESOLUTION NO. 50-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Youth Opportunity program) Reso. re Tent. Map 3940 Council adopted a resolution approving a PUD/CUP, Tentative ~1ap 3940, Palomar Financial Corp. Mr. Nies indicated that part of the reference made on the Planning Commission minutes was that this is for one year and added that it is to be completed by 2/26/8l. RESOLUTION NO. 51-79 A RESOLUTION APPROVING A PLANNED UNIT DEVELOPHENT PERMIT, CONDITIONAL USE PERMIT AND TENTATIVE TRACT MAP 3940. (Palomar Financial corporation) Reso. re Tent. Map 4165 Council adopted a resolution approving Tentative Tract ~1ap 4l65, Springtown Investors. RESOLUTION NO. 52-79 A RESOLUTION APPROVING TENTA'T"IVE TRACT HAP 4165 (Springtown Investors) Departmental Reports The following reports were submitted for informational purposes. Finance Department - revenues and expenditures for six month period ended December 31, 1979 ~unicipal Airport - same period Las positas Golf Course - same period Springtown Golf Course - same period Planning Agency - annual report Cm Staley stated his concern with the Finance Dept. report regarding revenue projections and revenues received to date, and requested an informal report in reference to the budget adoDted previously. Payroll and Claims There were l28 claims in the amount of $234,456.62 and payroll war- rants in the amount of $114,386.46, less a Certificate of Deposit in the amount of $l50,OOO.OO for a total of $498,843.08, dated 2/l3/79 and approved by the City Hanager. There were 66 claims in the amount of $170,996.48, and payroll warrants in the amount of $ll6,549.54 for a total of $287,546.02, dated 2/20/79 and approved by the City Manager. There were 52 claims in the amount of $92,385.10, dated 2/21/79 and approved by the City Manager. CONSENT CALENDAR APPROVAL ON MOTION OF CM KM1ENA, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. MATTERS INITIATED BY STAPP Ann Duncan, Personnel Director, announced that the City will be the recipient of $92,309 for the CETA program which Council approved last September. The original amount expected was $300,000 but some pro- jects are being withdrawn because of the lateness of the funding. Council will review the projects and their priorities at their March l2th meeting. CM-36-50 February 26, 1979 (Matters Initiated by Staff) ~1r. Reiners requested an executive session regarding litigation. RULES SUSPENSION ON f\10TION OF CM KM'lENA, SECONDED BY CM ERER'T' A.·!'·m BY UNA.NI1'lOUS VOTE, THE RULES WERE SUSPENDED TO ALLOV'1 DISCUSSIO"J ON A RESOLUTION PRESENTED BY MR. REINBRS. RESO. RE QUITCLAIM, TCT. 3333, LOT 98 Mr. Reiners explained that Council approval of the resolution will clear up an ambiguity that remains from the Isabel Freeway alignment regarding a lot that was originally reserved for street access pur- poses. It will clear the title so the property can be sold. Cm Staley stated he was not opposed, but felt he didn't know enough about the matter so would abstain on the vote. CM KAHENA ~lOVED TO ADOPT A RESOLUTION AUTHORIZING A QUITCLAH1 DEED (MARK J. AND JOAN S. REDECKER), SECONDED BY CM EBERT. THE MOTION WAS VOTED ON AND PASSED 4-0, CM STALEY ABSTAINING. RESOLUTION NO. 53-79 A RESOLUTION AUTHORI ZING EXECUTION OF QUITCLAD1 DEED (Mark J. and Joan S. Redeker) ~mTTERS INITIATED BY COUNCILMEMBERS (Re Accounting Practices) Cm Staley asken for a report on the suggested changes in accounting practices that resulted from the recent city audit. The City ~1anager stated that staff is preparing a report. (Re Council Reorganization) It was the consensus of Council to reorganize on ~1arch 12, the first meeting date in~1arch. (Re Truck Parking) Mayor Turner objected to the trucks and trailers parked near I-580 on North Livermore Avenue. Hr. Horner indicated that he ,..,ould contact the County regarding increased enforcement in the area. REPEAL OF ORD. #976 RE RS DISTRICT ON MOTION OF CM KAMENA, SECONDED BY C~1 EBERT AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED A RESOLUTION REPEALP,JG ORDINAì1CE #976, A ZONING ORDINANCE AI'ŒNDHENT REI..,ATP,TG TO THE RS DISTRICT. ORDINA"JCE NO. 984 AN ORDINANCF RFPFALP1G ORDINANCE NO. 976, ENTITLED "AN ORDPTA1>TCE NŒNDIUG ORDINAnCE 442, AS AME~JDED, RELATING TO ZONING, BY THE AME~JD~'ŒNT OF SECTIONS 5.32, RFLATING TO MINn1U~~ AVERAGE LOT vVIDTH, 5.42, RELATING TO MINIMm1 YARDS, 5.43, RELATING TO MAXI- HUM DEVELOPABLE FLOOR l\.RB?\, AN!) 5.44, RELATING TO FLOOR AREA DEFINED, ALL OF ARTICLE 3, RELATING TO SITE REQUIREMENTS, OF CHA.PTER 5.00, RELATING TO RS - SUBURBAN RESIDENTLZ\.L DISTRICT." C~1-36-51 February 26, 1979 INTRO. ORD. RE DANCE PERHIT ON MOTION OF C~~ KAMENA, SECONDED BY CH EBERT, AND BY UNANIMOUS VOTE, AN ORDINANCE REGARDING A PROPOSED MUNICIPAL CODE AMENDMENT TO CHAP- TER 7A - DANCE PERMIT WAS INTRODUCED AND READ BY TITLE ONLY. ADJOURNMENT There being no further business before the Council the meeting was adjourned to an executive ses . /J11~ :/ÝtR~41-~ APPROVE ATTEST ~, ~~~ CJ.ty Clerk Livermore, California Special Meeting of February 26, 1979 A special meeting of the City Council was called by Mayor Turner for Monday, February 26, 1979, at 7:30 p.m. in the Conference Room, City Hall, 2250 First Street, Livermore, California. The purpose of the meeting was: Executive session to discuss litigation. Present: Cm Dahlbacka, Ebert, Kamena, Staley and Mayor Turner Absent: None The meeting convened at 7:30 p.m. and immediately adjourned to an executive session. The meeting adjourned at 8:00 p.m. APPROVE ~J(#~ Mayor ATTEST (~ I~- .~~,' Clerk California CH-36-52 Special Meeting of March 12, 1979 A special meeting of the City Council was called by Mayor Turner for Monday, March 12, 1979, at 7:30 p.m. in the Conference Room, City Hall, 2250 First Street, Livermore California. The purpose of the meeting was: Executive session to discuss labor negotiations. Present: Cm Ebert, Kamena, Staley and Mayor Turner Absent: Cm Dahlbacka The meeting convened at 7:30 p.m. and immediately adjourned to an exec- utive session. During the executive session the MEAN Memorandum of Understanding, dated March l2, 1979, was ratified. The meeting ad- journed at 8:00 p.m. APPROVE /J~l!Ù1-Jt~/Lf~ ATTEST Regular Meeting of March 12, 1979 A regular meeting of the Livermore City Council was held on Monday, March 12, 1979, in the Municipal Court Chambers, 39 South Livermore Ave. The meeting was called to order by Mayor Turner at 8:01 p.m. ROLL CALL Present: Cm Dahlbacka, Ebert, Kamena, Staley and Mayor Turner Absent: None PLEDGE OF ALLEGIANCE Mayor Turner led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. MINUTES APPROVAL - 2/26/79 ON MOTION OF CM EBERT, SECONDED BY MAYOR TURNER AND BY UNANIMOUS VOTE, THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 26, 1979, WERE APPROVED. COUNCIL REORGANIZATION According Monday of floor for to Council rules, reorganization takes place the second each March, Mayor Turner called for nominations from the the office ¡ of Mayor. .-/:::1// . ¡; r'(" '-r¡ fj 1. ~ ÙJ ¡:.\- tJOµ~ ~ll("¡-,o"'1tAi!.. .~cOß~/L.iÇ'l!--~- em Staley expressed his thanks to Mayor Turner for h~ving served the City admirably as Mayor this past year. HE THEN NOMINATED CM KAMENA FOR MAYOR. CM EBERT SECONDED THE NOMINATION OF CM KAMENA FOR MAYOR. He compli- mented Mayor Turner's style of chairing meetings, saying that we've come to a point in Livermore of understatement, almost overfairness, to Councilmembers and people in the audience who wish to state their views, reflecting a favorable attitude towards democratic action. CM-36-53 March l2, 1979 (Re Council Reorganization) em Dahlbacka added that Mayor Turner has done a fine job as Mayor, has chaired meetings fairly and has been accessible to the citizens of Livermore. He cast his vote for Cm Kamena for Mayor. Mayor Turner said he has enjoyed his year as Livermore's Mayor and looks forward to serving as Councilman for the next three years with Cm Kamena as Mayor. THE NOMINATION FOR CM KAMENA AS MAYOR WAS UNANIMOUSLY APPROVED. Mayor Kamena thanked each of thef~~members and said he felt this was a time for loyalty, the kee~~~~of promises and the honoring of commitments. He congratulated· . Turner on the outstanding effort he had put forth during his tenure as mayor, and hoped to continue his "smile" policy along with implementing an integrated program of continued innovative legislation with a sense of fiscal and social integrity. (1'1'\ MAYOR TURNER NOMINATED CM STALEY FOR VICE-MAYOR, SECONDED BY CM DAHL- BACKA, AND UNANIMOUSLY APPROVED. OPEN FORUM (Landscaping - Holmes St.) Kay Parra, 819 Brennan Way, complained that plants on Holmes St. were trimmed twice in a three-week period. Mayor Kamena explained that the second trimming was to repair damage due to vandalism. COMM. RE SANTA RITA A reply was received from Supervisor Raymond regarding Council's letter expressing concern about Santa Rita, its relocation and/or upgrading. She stated that the Board is currently proceeding with the necessary planning to replace the facility but that Proposition l3 has created a very difficult financial situation. LIVERMORE HERITAGE GUILD REQUEST This item was withdrawn from the agenda. RESO. RE LAWSUIT - FEES AND TAXES The City of Arcadia has requested support regarding a lawsuit chal- lenging certain of their fees and taxes, adopted after passage of Proposition 13. ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, COUNCIL ADOPTED A RESOLUTION AND APPROVED $250 IN SUPPORT OF THE CITY OF ARCADIA. RESOLUTION NO. 54-79 A RESOLUTION AUTHORIZING PARTICIPATION IN LAWSUIT RE PROPERTY ADJACENT TO RAILROAD AVENUE A copy of a letter from Marie Leonard to Southern Pacific Railroad Land Company regarding property adjacent to Railroad Avenue was discussed by Council. The City Attorney's office recommended advis- ing Mrs. Leonard to negotiate directly with Southern Pacific. CM-36-54 March 12, 1979 (Re Leonard Property) ON MOTION OF CM TURNER, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE THE COUNCIL ADOPTED THE CITY ATTORNEY'S RECOMMENDATION THAT MRS. LEONARD BY ADVISED TO NEGOTIATE DIRECTLY WITH SOUTHERN PACIFIC. CITY MANAGER'S REPORT Lee Horner, City Manager, requested an executive session to follow tonight's meeting to discuss labor relations and negotiations. He reminded Council that they must meet tomorrow, March 13, to can- vass the votes from last Tuesday's election and adopt a resolution of certification. It could also be done after midnight tonight, he added. DISCUSSION RE BUS ROUTES Proposed bus route changes included service to the trailer park on Portola Ave., realignment of the Springtown/Granada and East Ave. lines, changing the Vancouver and Granada lines to hourly all day and the East Avenue lines to half-hourly all day. Also recommended by the City Manager's office was consideration of extension of service to Proud Country and Sunset East. em Turner reminded Council that there was a petition from Lexington Avenue residents opposing bus routing down their street. In reply to a question by Mayor Kamena, Ed Schilling, Assistant to the City Manager, explained that difficulty with a two-way run re- sulted in the hospital stop being eliminated. Mr. Schilling added that flag stops will be continued in the Granada area and could be utilized in the Proud County and Greenville North areas at a later time, since they work very well in residential areas. He noted also that there will be hourly servi·ce to Livermore High School on the East Avenue route. em Ebert asked if an effort has been made to avoid RIDEO duplication of LVUSD school bus routes. Mr. Schilling said the School District is considering cutting service in areas served by the RIDEO system. Gayl Tschritter, 1335 Lexington Way, stated that the petition signed by 9l% of the area residents, stated that the signers felt that it would be an inappropriate use of a residential street to use it for bus routing. The signers felt that added stops on Arroyo Rd. and the established stops on Holmes St. would provide adequate service to the area. Kay Parra, 819 Brennan Way, suggested flag stops to serve the Senior Citizens in Springtown. Mr. Schilling stated that the Springtown residents seemed to be satis- fied with the fixed stops in the area. Demetra Wilson, 737 So. "M" St., recommended that when the new bus schedules are printed they be combined and a new format used. George Merritt, l307 Lexington, stated that traffic on Lexington moves at times at 40-45 miles an hour, that only 4 children use the bus to get to school, and he saw no need to route the bus on Lexington. Mayor Kamena proposed having the Transportation Committee or the Asst. City Manager meet with spokespeople for groups who have expressed con- cern, to obtain a consensus to be brought back to Council. CM-36-55 March 12, 1979 (Re Bus Routes) CM TURNER MOVED TO ADOPT MAYOR KN1ENA'S PROPOSAL, AND TO CONTINUE THIS ITEM FOR UP TO THREE WEEKS TO ALLOW THE CITY MANAGER'S OFFICE TO MEET WITH THE INTERESTED GROUPS. THE MOTION WAS SECONDED BY CM EBERT AND PASSED UNANIMOUSLY. APPEAL - CUP RE BRICKYARD DEVELOPMENT, STANLEY BLVD. An appeal has been submitted by John Beery and Walter Ng regarding a proposed Conditional Use Permit to allow construction of a supermarket, drive-in bank facility, savings and loan office, the property being lo- cated on the north side of Stanley Blvd., at the westerly end of Rail- road Avenue. Howard Nies, Planning Director, commented that staff was concerned with the traffic problems identified in the E.I.R., the access onto Stanley, the use of Fenton St. and the installation of a traffic sig- nal by the developer at Fenton and Stanley. The recommendation re- garding the area owned by Southern Pacific, lOO feet in width, was that it be landscaped and maintained by the developer. Gary Reiners, City Attorney, stated that essentially there's a very broad conditional use standard, going back to the CB zone, permitting almost anything, and he felt that a supermarket would be a condition- ally permitted use in the CS zone, the way the ordinance is presently drafted. Regarding the staff recommendation to modify the Stanley Blvd. medians, Cm Turner mentioned that Valley Memorial Hospital will soon redo their driveway and parking lot which may include some widening of Stanley Blvd. in the proposed area. He suggested including this in the motion for recommendation. CM EBERT MOVED TO CERTIFY THE E.I.R. AND CONDITIONALLY APPROVE THE BRICKYARD PROJECT, SECONDED BY CM TURNER. Cm Ebert added that he felt Mr. Beery would bring to Livermore an aesthetically pleasing new marketing/commercial area. Mr. Nies noted that a restaurant would be included in the develop- ment in place of the bank as was stated earlier, and added that S.P. could, in the future, erect a free-standing unit of limited size, in the strip that they own. In reply to a question by Cm Staley, Dan Lee, Director of Public Works commented that certain portions of this development are within the Bicycle Route Plan and the developer will be required to dedicate and develop a bicycle route through the development. He added that there is a provision in the Engineering considerations that requires the developer to employ a Traffic Engineer to review on-site traffic circulation which would include bicycle traffic. Mr. Reiners indicated that Council could approve the development to- night and still retain the right, through drafted provisions, to re- quire periodic review and reevaluation by staff or Council. In reply to an inquiry by Mayor Kamena, Mr. Lee stated that he felt the traffic could be handled adequately with the help of the proposed traffic signal at Fen~on and E. Stanley Blvd. John Beery, developer and applicant, stated that Fry's had done a careful study of the potential of the marketing area and felt the supermarket was a viable proposal. He felt the competition they would create would have a positive effect in the community, and added that the bike path was an important consideration. He noted that the development would create approximately 500 new jobs. CM-36-56 March 12, 1979 (Re Brickyard CUP Appeal) Jim Day, 745 Cardinal Drive, questioned the positive effect another supermarket would have. He felt that even though more jobs would be created, other jobs would be lost at the other markets within walking distance. Mr. Beery noted there would be a racquetball facility locating in the development, with a Jacuzi set-up for men, women and families. That and the proposed restaurant facility both would be non-financeable through most banking institutions but he felt the community could support them. CM EBERT AGREED TO INCORPORATE CM TURNER'S SUGGESTION, REGARDING COORDINATING THE WIDENING OF STANLEY BLVD. WITH VALLEY MEMORIAL HOSPITAL, INTO HIS MOTION. Cm Turner indicated that as long as the project is allowed in the zone and is of value to the city it should be approved. Cm Dahlbacka felt that the granting be a permissive action, and thought the relocation of Lucky's succeeds. the downtown area required caution, of the CUP in this case would Council should wait to see if The successful development of he thought. CM STALEY MADE AN AMENDING MOTION THAT BEFORE THE SITE PLAN IS AP- PROVED, COUNCIL SHOULD HAVE A REPORT FROM THE TRAFFIC ENGINEER RE- GARDING THE TRAFFIC CIRCULATION AND HAVE FINAL APPROVAL FOR THE CIRCULATION PATTERN. MOTION SECONDED BY CM TURNER. Cm Staley commented that he wasn't sure that it was Council's prop- er discretion to tell a land owner what he can or cannot build on his land within the particular zone. c."". ~(~c2P.-<-Ò Mayor Turner ~oted that the requested use does not require a variance, and added that whatever Council's feelings regarding the viability of the supermarket, the City does not have the right to unreasonably with- hold approval of those proposals which are consistent with the Zoning Ordinance. THE AMENDING MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. THE MAIN MOTION WAS VOTED ON AND PASSED 4-l, CM DAHLBACKA DISSENTING. RECESS Mayor Kamena called for a brief recess after which the meeting resumed with all members of the Council present. CONT. DISC. RE TENTATIVE PARCEL MAP NO. 2838 This matter was continued at the applicant's request pending a decision regarding benefit/assessment districts, in relation to water service of the parcel. Mr. Lee reported that, regarding the water line being looped around onto Vasco Rd. and East Ave., he recommended that the extension not be required at this time but that it be required as the property develops. He also recommended that a benefit district be es- tablished to prorate the cost of the oversize portion of the pipeline on Vasco Rd. CM TURNER MOVED TO SUPPORT THE STAFF RECOMMENDATION AND TO APPROVE TENTATIVE PARCEL MAP 2838, SECONDED BY CM EBERT. CM-36-57 March 12, 1979 (Re Tent. P.M. 2838) Mr. Horner noted that the recommendation of the Fire Marshall was that a completely looped system would be much better but, but he explained that in terms of establishing that loop, it would be more practical at this point to wait until the properties develop and have them put in the last leg of the loop. The area will still be served by a fire service, he pointed out. Earl Mason, representing the developer Roger Shaheen, stated that he concurred with staff's recommendation. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. CONTINUED DISCUSSION RE CAPACITY STATUS, WATER RECLAMATION PLANT The City Council, at their meeting of Dec. 11, 1978, considered a Water Reclamation Plan Capacity Status report submitted by the Public Works Dept. and, following review of that report, decided to withhold further housing allocations until information was obtained on plant capacity showing the amount of post-drought bounceback, capacity of the plant subsystems, and the Reg. Water Quality Control Board policies relative to operating the plant. In reply to an inquiry by Cm Dahlbacka, Mr. Lee stated that there are occasional "reasonable" violations of the NPDS permit due to the current cold weather, but that when we begin using the LA~mA pipeline, the requirements change and become much less stringent, although more chlorine may have to be added. He stated that the estimated 4.52 mgd does not include permits allocated in 1978 or the current commercial development, and added that industrial capacity is about l3%. In reply to an inquiry by Cm Ebert, Mr. Lee explained that there is some redundancy in the solids handling system of the plant. He added that the hydraulic system must be able to handle the peak flows which vary during each day. He agreed that possibly the plant could handle more than 5 mgd but its design capacity is 5 mgd. Cm Ebert wondered if the 5 mgd limit was an artificial limitation since the quality of the effluent will determine what is put into the sewage plant. He felt that much of the capacity, at certain times of the year, was strictly water which only affects the hydraulic sys- tem, and has no pollution capability. Mr. Lee stated that the current plant flow is 4.52 mgd, leaving an un- used capacity of .48 mgd, and added that he felt 5 mgd was an accurate estimate of the plant's capacity. Mr. Horner noted there are a number of subsystems that have an impact on the rated capacity that are looked at by the Regional Board when they inspect the plant. Bill Loftin, Water Rec. Plant Supt., explained the chlorination and solids handling systems capacities and agreed that the plant's ca- pacity is 5 mgd. He explained that the previous cease and desist order was relative to the elevated coliform count, due to mechanical problems. Currently there is a 15 day retention in both digestors instead of the optimum 30 days which can create odor problems, but he added that the odor problems can be overcome chemically. Discussion followed regarding the effect of rainwater, water con- servation practices, and increased water flow (only), on the plant capacity. Also discussed was the effect that going on the LAVWMA pipeline would have on the capacity. Steve Hyland, from Montgomery Engineers stated that discharge requirements would be lessened making it easier to meet discharge requirements, but that the in- tangibles in the system limit the plant's ability to process more CM-36-58 March l2, 1979 (Re Capacity Status, WRP) than 5 mgd. When that limit is reached, he felt the system could h be reevaluated, based on actual operating experience. Ht 3}J~/ÝI1~p..P~f?.(J''''~ '''5 iJn.. tAPAc.:.ty i¡') . m~d hJ<-tetmL,vt~ p¿r.¿ ytt:1~ (..(..,\~ 12t.,q;;;ü,,-- f\ÞIt.. ,¡- (JP..... ck..:-T, ~, Current status of the plant expansion was discussed. Mr. Lee sai the project report was done in November, a public hearing was held on the E.I.R., and concept approval was expected from the State by January. It has not yet been received but the State is aware that we are anxious to proceed with the design and have offered to allow us to proceed with the design (up to 10%) by extending the Step I grant, which requires Council authorization. He added that concept approval should be received within a month or so, barring further delays. Mr. Hyland commented that it will take about two months to complete the lO% design phase at which time they should have the concept approval for the Step II design. Mayor Kamena stated that this item is on tonight's agenda because the issuance of building permits was suspended in Dec. 1978 until the amount of sewer capacity reserve could be accurately determined. The General Plan sets forth the sewage allocation policy of the city regarding the remaining .4 mgd capacity for the short range: 90% for commercial/industrial and 10% for low/moderate housing. According to Council Reso. No. l4l-78, the remaining reserve, if any, was to be allocated 50% for commercial/industrial and 50% for residential. The questions before Council tonight are: l) what's the reserve capacity, 2) if it's in the last 400,000 gallons, is the General Plan to be followed, is the General Plan amendment in order, how to use that remaining capacity (if any). Mayor Kamena noted that the City cannot proceed with the 1979 allocations without amending the General Plan and asked for direction or a motion from Council. em Dahlbacka noted that in 1982 there will be additional sewer treat- ment capacity online to handle 6.25 mgd at which time the City will go into the medium and long range allocation policy of the General Plan. He suggested that a reasonable solution to the problem would be to approach the capacity in lOO,OOO gallon increments which is basically the 2% growth rate and amend the General Plan to change 4.6 to 4.7, maintaining the excess capacity of 300,000 gal/day for commercial and industrial for another year while we have an opportunity to evaluate the behavior of the sewer treatment plant and make sure we have the 1982 money for the sewer plant expansion. In reply to an inquiry by Mayor Kamena, Mr. Horner explained that this issue can be a procedural amendment to the General Plan and as such is exempted in regard to the limit placed on the number of General Plan amendments allowed per year. em Staley noted that, if his memory was correct, 180,000 of the remain- ing 400,000 capacity was set aside for residential; that is, lots of record and committed properties that weren't built at the time. (Some of Cm Staley's comments were inaudible on the tape) Mr. Reiners commented that the estimate Cm Staley was referring to was made on many different assumptions by the former Planning Director. CM DAHLBACKA MOVED TO REFER THE ITEM TO THE PLANNING COMMISSION FOR POTENTIAL GENERAL PLAN AMENDMENT SO THAT THE FIGURE 4.6 MGD IN THE SHORT RANGE ALLOCATION BE ELEVATED TO 4.7 MGD IN ORDER TO ACCOMODATE THE 1979 POTENTIAL ALLOCATION, AND THAT THE REMAINING CAPACITY FROM 4.7 MGD TO 5.0 MGD BE RESERVED 90% FOR INDUSTRIAL/COMMERCIAL AND 10% FOR RESIDENTIAL IN ACCORDANCE WITH THE PRESENT GENERAL PLAN POLICY. THE MOTION WAS SECONDED BY CM TURNER. MAYOR KAMENA MADE AN AMENDING MOTION THAT COUNCIL, REGARDLESS OF TO- NIGHT'S ACTION, APPROVE THE CONTINUED RESERVATION OF 30 PERMITS FOR EXISTING LOTS OF RECORD THAT WOULD ACCOMMODATE FOUR UNITS OR LESS, AS THEY EXISTED PRIOR TO JAN. 1, 1976, SECONDED BY CM EBERT. CM-36-59 March 12, 1979 (Re Capacity Status, WRP) Cm Ebert stated that he thought the Water Reclamation Plant could handle more than a 2% increase per year and didn't think Council needed to be so conservative. He felt a 5%-lO% increase might better test the capacity of the plant. John Stein, 1334 Kathy Ct., stated that his survey of the monthly sew- age reports showed the solids loading on the plant has increased yearly since 1975, at about 10% a year. Discussion continued on the required standards after the completion of the LAVWMA pipeline, whether Livermore would have to maintain pre- sent standards or be allowed to decrease them. Mr. Stein indicated that the Livermore WRP has violated the monthly State discharge standards for the past four months. Mr. Loftin said he had spoken to the engineers at the Regional Water Quality Control Board today because he was concerned and was informed they are sending a letter stating that they realize Livermore is having problems due to the cold weather, among other things, and they considered these "reasonable" violations. Mr. Stein also expressed his concern with the emergency dumping of raw sludge into the lagoons for lO days in January, saying that it indicated a weakness in the capacity of the plant. He added that the Phase IV addition is designed to double the sludge handling capacity as far as the digestors are concerned. Basically, he disagreed with the figures on the capacity and loading of the digestors, feeling that they are presently overloaded. He also thought the secondary system was operating with a high recirculation rate for aerobic digestion to reduce loading on the digestors, reducing the flexibility of the system, posssibly leading to violations. Mr. Stein continued by saying he was in favor of reserving capacity for industrial and commercial development. In the light of Prop. 13 he felt the only sources of dependable income are business fees and sales taxes and felt commercial and industrial development should be encouraged, to provide the maximum dollars for the minimum amount of service. Roy Jensen, 755 Hazel St., speaking on behalf of the Livermore area builders and developers, all of whom support the City staff's recom- mendation, introduced Paul Saltau, a sanitary engineer who has been reviewing this matter for the builders contractors and developers. Mr. Saltau commented that the cold-induced problems at the plant would not have been affected by lowering the flow since it would not have changed the temperature. He also suggested that Council consider a General Plan amendment eliminating the cut-off date re- garding the Chester Andersen property so it could be considered for allocations when the property is annexed to the City. Mr. Reiners explained that the existing 90/10 allocation would permit development of only those properties that were annexed to the City as of January l, 1976. Clarence Hoenig, 588 Tyler, stated that he thought the 4.52 mgd is in error since it should be computed over a three month period, not seven months as in the staff report. He stated that the report im- plied that the Reg. Water Quality Control Board would take a posi- tion on this matter depending upon whether we are meeting our obli- gation for future expansion but that city staff has not contacted the RWQCB regarding this. He added that it's questionable whether Council should rely on the pipeline until they hear the LAVWMA re- port. ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE MEETING WAS CONTINUED TO 12:00 MIDNIGHT AND THE AGENDA REORDERED. CM-36-60 March 12, 1979 (Re Capacity Status, WRP) Jim Day, 745 Cardinal Dr., stated that he has several times noticed an odor in the vicinity of the Water Reclamation Plant. Earl Mason, Chairman of the Chamber of Commerce Industrial Committee, referring to a letter from the Chamber to the Council, commented that the Chamber encourages the Council to keep the '79 allotment and the limited 2% growth rate going, and to take a good look a year from now regarding reevaluation and funding, for the sake of continuity in the building industry. Mike Farley, Kaufman and Broad, encouraged the Council to pay spec- ial heed to the analysis and recommendation of the professional engineers on the City staff and to disregard the recommendations of the self-appointed sewer experts. He supported the motion cur- rently on the floor. Dan Spruiell, 1900 Buena Vista, felt the SAVE initiative had in- creased the sale prices of housing in Livermore, and felt the 2% growth rate was reasonable. THE AMENDING MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. THE MAIN MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. POSTPONEMENT OF PUBLIC WORKS IMPROVEMENTS Council considered a request for delay of Public Works Improvements for a development located at 2127 Vasco Road. The improvements have been conditioned upon the approved site plan permit for the conversion of a residential unit to an office for a swimming pool plumbing contractor. The developer has requested the delay of all public works improvements for a period not to exceed two years or until the R.L. Shaheen Co. in- stalls their improvements along Vasco Road. The developer will post all necessary bonds as surety for the installation of the required im- provements. CM TURNER MOVED TO APPROVE THE REQUEST FOR THE DELAY OF THE PUBLIC WORKS IMPROVEMENTS AND TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT TO SPECIFY CONDITIONS UPON WHICH THE REQUEST HAS BEEN GRANTED, SECONDED BY CM STALEY. Mr. Reiners pointed out that the instruments of credit which have been substituted for bonds on this requirement mark a departure from prev- ious practice and he felt specific Council authorization should be ob- tained. He stated it's been previous policy to require 100% of cover- age on the faithful performance bond or instrument of credit, and lOO% on the payment of labor and materials bonds or instrument of credit. Mr. Reiners and Mr. Lee concurred that it would be reasonable to auth- orize a reduction in the payment or labor and materials bond down to 50% of the contract amount which is the minimum set up by the statute. It was the consensus of Council to incorporate the new policy in the motion on the floor. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. RESOLUTION NO. 69-79 A RESOLUTION APPROVING DEVELOPMENT AGREEMENT (Development Permit No. 79-6) WRP EXPANSION, PHASE IV ENG. SERVICES, STEP 2 CM DAHLBACKA MOVED TO ACCEPT STAFF RECOMMENDATION TO AUTHORIZE EXECU- TION OF AGREEMENT WITH J&~ES M. MONTGOMERY ENGINEERS, SECONDED BY CM STALEY. CM-36-6l March 12, 1979 (Re WRP Expansion, Step 2) Cm Turner stated that the original date of 1980 was anticipated for on-line service, which has now been extended to 1982 which he felt was too long a delay. Mr. Lee reminded Council that the State rejected our application one year for the wrong reason, and an entire year was lost. He felt con- fident that we will be on-line by 1982. Clarence Hoenig, 588 Tyler, asked what the capacity of the Veteran's Hospital pipeline is. Mr. Lee stated that that information will be available in the near future as an agenda item. Mr. Hoenig also re- quested further information regarding who will pay for the Veteran's Hospital pipeline, and if, in fact, the pipeline is really necessary. Mr. Lee stated that the entire project had been discussed with the Veterans's Administration at their request and the City of Livermore must assume that they will act responsibly in the matter. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. RESOLUTION NO. 55-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (James M. Montgomery, Consulting Engineers, Inc.) WRP EXPANSION GRANT ~ENDMENT, PHASE IV ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE THE COUNCIL AUTHORIZED STAFF TO REQUEST THE STATE TO AMEND THE EXISTING STEP 1 GRANT AGREEMENT TO EXTEND FUNDING TO lO% OF THE DESIGN. FINAL APPROVAL TRACT 4138, D. MADIS The staff recommendation is to authorize adoption of a resolution to: 1) approve bonds, authorize execution of agreement; and 2) adopt map, and authorize filing. (This includes the extra lots) ON MOTION OF CM TURNER, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED THE STAFF'S RECOMMENDATION. RESOLUTION NO. 56-79 RESOLUTION ACCEPTING AGREEMENT AND BONDS FOR IMPROVEMENTS TO TRACT 4138 RESOLUTION NO. 57-79 RESOLUTION APPROVING MAP OF THE SUBDIVISION OF TRACT 4138 RE CITY'S GENERAL INSURANCE POLICIES The City Manager submitted a report regarding several options relating to premium quotations from Gene Morgan for the city's general liability insurance. He recommended the Council approve Option I. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED THE CITY MANAGER'S RECOMMENDATION. RESOLUTION NO. 58-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA, ESTABLISHING A LIABILITY INSURANCE RESERVE FUND CM-36-62 March l2, 1979 COMM. RE SEWERAGE ALLOCATION, INTEL This item was withdrawn from the agenda. RE PHASE IV TEE-HANGAR FINANCING FEASIBILITY In accordance with the preliminary approval of the City Council on August 7, 1978, the city staff has prepared a T-hangar construction and financing plan. It is recommended that the City Council author- ize the call for bids for two alternates: 48 hangar units and 72 hangar units. ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE STAFF RECOMMENDATION WAS ADOPTED. GOLF COURSE GREENS COMMITTEE MODIFICATIONS The Greens Committee has recommended a sliqht modification of their "Charges, Duties, and Responsibilities. " ~he Public Works Dept. rec- ommended that these modifications be approved by Council by resolution. RESOLUTION NO. 59-79 A RESOLUTION ADOPTING AMENDED CHARGES, DUTIES & RESPONSIBILITIES FOR THE GOLF COURSE GREENS COMMITTEE RE AIRPORT RULES AND REGULATIONS The Airport Committee at their meeting of Feb. 13, 1979 approved the Airport Rules and Regulations and have referred it to the City Council with the recommendation that they be approved. The Rules and Regula- tions reflect the current Airport policies. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE THE COUNCIL ADOPTED A RESOLUTION APPROVING THE AIRPORT RULES AND REGU- LATIONS. RESOLUTION NO. 60-79 A RESOLUTION APPROVING AIRPORT RULES AND REGULATIONS PLANNING COMMISSION SUMMARY OF ACTION A summary of action of the Planning Commission meeting of March 6, 1979 was noted. PLANNING COMMISSION MINUTES, 2/20 & 2/27/79 The planning Commission minutes of meetings held on February 20 and February 27, 1979, were noted. APPOINTMENT TO PARATRANSIT COORDINATING COUNCIL Alameda County is establishing a Paratransit Coordinating Council to assist County staff in the development and operation of paratransit (handicapped and elderly) transportation services. ON MOTION OF CM TURNER, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, LOIS ELLSAESSER OF THE LARPD BOARD WAS APPOINTED TO SERVE ON THE PARATRANSIT COORDINATING COUNCIL. - CM-36-63 March l2, 1979 MOTION TO CONTINUE ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, THE MEETING WAS CONTINUED TO 12:15 A.M. VARIOUS APPOINTMENTS ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, WILLIAM CHANDLER WAS APPOINTED TO THE HOUSING AUTHORITY. A resolution will be prepared for the next regular me¡;jti~9'S consent. Calendar. ~ HOU.<;",,,,g t. <:'.00 ft.d',oJA ,ON ON MOTION OF CM EBERT, SECONDED BY CM TURNER AND BY U ANIM US(VOTE, THE COUNCIL APPOINTED PAT VANE AS A FULL VOTING MEMBER OF THE COMMITTEE TO FILL THE "DEVELOPER SLOT", ASKED THE LEAGUE OF WOMEN VOTERS TO DES- IGNATE ANOTHER REPRESENTATIVE TO THE COMMITTEE, AND REMOVED WARREN THOMPSON FROM THE COMMITTEE DUE TO LACK OF ATTENDANCE. COUNCIL COMMITTEE APPOINTMENTS ON MOTION OF CM EBERT, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE FOLLOWING COUNCIL COMMITTEE APPOINTMENTS WERE MADE: NOTE: I. designates delegate; 2. designates alternate. ABAG : I. Marshall Kamena 2. John Staley ABAG Task Force for Emerg. Med. Services: l. John Staley ACAP - ACTEB: I. Glen Dahlbacka 2. John Staley Alameda Co. Housing Auth. Board: Investment Committee: 1. Dale Turner I. Marshall Kamena - Mayor 2. John Staley - Mayor Pro-Tern. 1. Marshall Kamena - Mayor I. Marshall Kamena 1. Marshall Kamena l. Marlin Ebert 1. Dale Turner 1. Glen Dahlbacka 1. Marlin Ebert 2. Dale Turner Alameda Co. Mayor's Conference: Alameda Co. Mayor's Conference City Selection Committee: Chamber of Commerce Liaison: LARPD Liaison: LAVWMA - (Joint Powers): LAVWMA - Special Study - Reclaimed Treated Wastewater: l. Marlin Ebert - Policy Adv. 2. Daniel J. Lee - Tech. Adv. League of Calif. Cities (East Bay Division) : 1. John Staley 2. Dale Turner League of Calif. Cities - Transportation Committee - State and National: I. John Staley Livermore-Amador Valley Sand & Gravel Study Committee: 1. Marlin Ebert CM-36- .64 March l2, 1979 (Re Council Com. Appts.) Solid Waste Management Board: l. Glen Dahlbacka 2. Dale Turner l. Marshall Kamena l. Dale Turner l. Glen Dahlbacka 2. Marlin Ebert 1. Marshall Kamena Livermore Cultural Arts Council: Sister City Liaison: Suggestion Committee: MOTION TO CONTINUE ON MOTION OF CM S~ALEY, SECONDED BY MAYOR KAMENA AND BY UNANIMOUS VOTE, THE MEETING WAS CONTINUED TO 12:20 A.M. CONSENT CALENDAR Reso. re Weed Abatement The Council adopted a resolution declaring the City's intent to Abate Weeds, Rubbish, Accumulated Refuse, etc. This is the commencement of the annual program, approximately 553 parcels are involved. If all or many are cleared prior to the City's involvement, only those actually cleared will be charged against the property. This resolution also sets a hearing to hear all protests at a future date after notifica- tions have been mailed. RESOLUTION NO. 6l-79 A RESOLUTION DECLARING THAT THERE EXISTS CONDITIONS OF GROWING t~EDS, ACCUMULATED REFUSE, RUBBISH OR DIRT, ON PRIVATE PROPERTY AND/OR ADJACENT STREETS, MORE PARTICULARLY DESCRIBED IN THIS RESOLUTION, AND FURTHER DECLARING THE SAME TO BE A PUBLIC NUISANCE AND ORDERING SAID CONDITIONS ABATED. Status Report - CETA Funds Ann Duncan, Personnel Director, reported on the CETA, Round 4 Special Projects Funding. RE JOB DESCRIPTIONS FOR BATTALION CHIEF, POLICE ASST., CH. BLDG. INSP. & ZONING ADMINISTRATOR The Personnel Dept. reported that the job descriptions have been ana- lyzed and rewritten for the above positions to more closely reflect the actual performance of the jObs. The Council adopted a resolution approving the revised job descriptions. RESOLUTION NO. 62-79 A RESOLUTION APPROVING REVISED JOB DESCRIPTIONS (Battalion Chief, Chief Building Inspector, Police Assistant and Zoning Administrator) Reso. re Salary Resolution Amendment The Council adopted a resolution to amend the Salary Resolution to re- flect changes caused by adoption of Mechanic Classification Study and changes in the hourly salary rates. RESOLUTION NO. 63-79 A RESOLUTION OF THE CITY OF LIVERMORE AMENDING RESOLUTION NO. 324-78, FOR THE CLASSIFIED AND UNCLASSIFIED EMPLOYEES OF THE CITY OF LIVERMORE, ESTABLISHING RULES FOR ITS USE. CM-36-65 March 12, 1979 Reso. re Lot Line Adjust. 893-957 Olivina Ave. Council adopted a resolution authorizing a lot line adjustment at 893-957 Olivina Ave., west of Rincon Ave. RESOLUTION NO. 64-79 A RESOLUTION AUTHORIZING LOT LINE ADJUSTMENT (893-957 Olivina Avenue West of Rincon Avenue) Reso. Rejecting Claim Council adopted a resolution rejecting the claim of Margaret Brosnan. RESOLUTION NO. 65-79 A RESOLUTION REJECTING THE CLAIM OF MARGARET BROSNAN Resos. Awarding Bids The Council adopted two resolutions awarding bids as follows: Robert Quatman, Inc. - Railroad Ave. Median Irrigation Southwest Sewer Equipment - sewer rodder only RESOLUTION NO. 66-79 A RESOLUTION AWARDING BID AND AUTHORIZING EXECUTION OF AGREEMENT (Robert Quatman, Inc.) RESOLUTION NO. 67-79 A RESOLUTION AWARDING BID (Southwest Sewer Equipment) Reso. re Modification of State Park Bond Act Grant The Council adopted a resolution approving the transfer of $17,000 of 1976 State Park Bond Act funds from projects at Oak Knoll and Pleasure Island Parks to May Nissen Park and Ravenswood. RESOLUTION NO. 68-79 A RESOLUTION DELETING 1976 STATE PARK BOND ACT GRANT APPLICATION FOR OAK KNOLL PIONEER MEMORIAL PARK PROJECT, REVISING PLEASURE ISLAND PARK PROJECT, AND APPROVING APPLICATION FOR MAY NISSEN COMMUNITY PARK AND ADDITION TO THE EXISTING GRANT FOR RAVENSWOOD HISTORICAL ESTATE. Claims & Warrants There were 101 claims in the amount of $140,456.31, dated Feb. 27, 1979, and approved by the City Manager. There were 10 claims in the amount of $1,596.35 less a Time Deposit in the amount of $700,000.00 for a total of $701,596.35, dated Feb. 28, 1979 and approved by the City Manager. CONSENT CALENDAR APPROVAL ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE THE CONSENT CALENDAR WAS APPROVED. CERTIFICATION, CANVAS OF RETURNS, MUNICIPAL ELECTION, MARCH 6, 1979 The City Clerk reported the outcome of the election held on March 6, 1979, and certified that it was correct. There were 4,604 votes cast. It being l2:l5 a.m., March 13, 1979, ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED A RESOLUTION ACCEPTING THE CANVASS OF VOTES. CM-36-66 IN THE CITY COUNCIL OF THE CITY OF LIVEID10RE STATE OF CALIFOfu~IA RESOLUTION NO. 70-79 RESOLUTION ACCEPTING CANVASS OF VOTES AT THE SPECIAL MUNICIPAL ELECTION OF HARCH 6, 1979 WHEREAS, a special municipal election was held and conducted in the City of Livermore, on Tuesday, the 6th day of March, 1979, as required by law; and WHEREAS, it appears that notice of said election was duly and legally given, that voting precincts were properly established, that election officers were appointed and election supplies furnished, and that in all respects said election was held and conducted and the votes cast thereat received and canvassed, and the returns thereof made and declared in time, form and manner as required by the general laws of the State of California governing elections in General Law Cities; and WHEREAS, the Council of said City of Livermore met at the Council Chambers thereof on Tuesday, the 13th day of March, 1979, to receive the canvass of the returns of said election from the City Clerk and having' canvassed said returns, the Council finds that the number of votes cast, and other matters required by law to be hereinafter stated. NOW THEREFORE, BE IT RESOLVED, DETERMINED A..1\ID DECLARED AS FOLLQ1;'¡S: That said special municipal election was held and conducted in the City of Livermore on Tuesday, the 6th day of March, 1979, in time, form and manner as required by law; and BE IT FURTHER RESOLVED, DETERMINED AND DECLARED THAT there were twenty-three (23) voting precincts established for the purpose of holding said election, consisting of a consolidation of the regular election precincts established for holding the last general State and County elections as indicated in the attached listing. That the whole number of votes cast in said City of I,ivermore was 4,604, and BE IT FURTHER RESOLVED, DETEID1INED AND DECLARED that at the said special municipal election held in said City on Tuesday, the 6th day of March, 1979, Measure "A" was defeated having not received the majority of votes cast on said measure; the full text of said measure is shown on the attached, marked Exhibit "B". BE IT FURTHER RES0LVED, DETE~1INED AND DECLARED that the Clerk shall enter on the records of this Council a statement of the result of said election showing; l. The whole number of votes cast in the City of Livermore; 2. The measure that was voted upon; 3. The number of votes qiven at each precinct to the measure APPROVED AS TO F0R11: 'J~~ City Attorney CM-36-67 On motion of Councilmember Dahlbacka , seconded by Councilmember Turner , the foregoing Resolution was passed at an adjourned regular meeting of the City Council of the City of Livermore held on the 13th day of March, 1979, by the following vote: AYES: Councilmembers NOES: None " Dahlbacka, Ebert, Staley, Turner and Hayor Turner ABSENT: None i di I i ~ ··1 /T/J If ~/Jtá ./) ÌJ. .' '.---.~ Mayor, City of Livermore, Cal~forn~a . ¡ t I ATTEST: .. l4EASURE "A" Shall any private developer, or public agency be allowed to develop, construct, and/or acquire with federal, state or local government assistance, low rent housing, not to exceed two hundred fifty (250) pwelling units for persons of low income, inêludingoelder1y, blind and . i I I handicapped? EXHIBIT "B" cr1-36- 68 _...... -,0. ~ . . .':"::. '_~.::::if~>f-~: .~.--':-;:>" ,:, ~·~':~~~::k·.-;~i7~-;("'~:-':~:'" ?'-~.;':~)'_....ø..-_...:..,~r' :5¡-~j,:i.J~f~=£.!;'./i.~ .':Ö..t;'-¡; -. '. CONSOLIDATED PRECINC PRECINCT CONSOLIDATION ~ LI..l 50011.. 50021 L1-2 50010, 50020 I LI-3 50030, 50031.. 50032 LI-4 50060" 50061" 50091 LI-5 50040 " 50050 LI-6 50070.. 50080.. 50090 LI-7 .50100 " 50110.. 50120 , "- LI-8 , 50130 501~O LI~9 . 50181.1 50183 LI-I0 50182" 50184 LI-11 50170" 50180 LI-12 50141" 50150 . . ~ LI-13 50160, .50162 LI-14 50190" 50191 . .' , LI-1S 50202" 50203 L1 -16 50161" 50163 LI-l? 50200" 50201 LI-18 50241, 50273" 50271t" 50242 L1-19 50272" 50290.1 50300.. LI-20 50260) 50271.. 50280 LI-21 50240" 50270 . LI-22 50230" 50250 LI~23 . 50210" 50220~ 50221 . Absentees --_... -" .~+.. Totals Total Ballots Cast Registered Voters '.; 2 Is - Marcp 6, 1979 J.lOCATION Church Classroom reµr of ! 1135 Bluebell Dr.. . Springtown Recreation Center} Directorls Room 931 Larkspur Dr. Arroyo Seco School Multi-Purpose Rm~ 5280 Irene Hay East Ave. School Multi-Purpose Rm. stageJ 3951 East Ave. Jackson Ave. School-Hal1- 554 Jackson Ave. Lutheran Church Parish Hall (Rm. 5) Cor. Jensen st. and Harvard Wy. Fifth st. SchoolJ Multi-Purpose Rm. 2251 Fifth St. .- County Fire House 1617 COllege Ave. Emma C. Smith School~ Multi-Purpose ~ 391 Ontario Dr. .' r Garage 241 Garnet Dr. I : Sonoma Ave. School· Multi-Purpose Rm. 543 Sonoma Ave. .' Joe ltÜchell School Mul ti~Purpose Rm. 1001 Elaine Ave. - .~ Fire HouseJ 1919 Cordoba st. Mendenhall School Multi-Purpose Rm. .179J. El Padro Dr. Sunset East School Multi-Purpose R~. 1671 Frankrurt Way Garage 1315 Lexington Way Arroyo Mocho School Multi-Purpose Rm~ 1040 Florence Rd. I GarageJ 506 Alameda Dr. . Rancho Las Positas School Multi- Purpose Rnl. 401 Las Positaa Blvd. Marylin Ave. Schoôl Multi-Purpose Rm~ 800 Marylin Ave. Foyer Rincon Ave. School Music Rm. 1251 Rincon Ave. ..-J1'..~,.._: >,.. J~~ction Ave. School Foyer Multi- Purpose Rm.-298 Junction Ave. Portola Ave. School Multi-Purpose Rm. Stage - 2451 Portola Ave. "~'--_..-.,.~._.......-.~,-_.~._- '..~ ,. ;604 ,726 (,- , r ... J ~ YES NO , - - t , 41 91 66 142 131 222 159 128 128 125 l05 158 119 176 90 111 48 84 51 100 59 96 67 123 - 74 '111 50 109 44 111 55 l47 73 149 45 ' 73 27 127 48 85 61 49 j "'.;..;....,; ~ ·......4. ,-." - ,.""';....,~....... i¡ 47 94 !/ 104 144 53 1745 68 2823 March 12, 1979 MATTERS INITIATED BY COUNCILMEMBERS (Nursery - Murdell Lane) Cm Turner inquired as to the status of the Nursery which is to be built on Murdell Lane and was informed that they are ready to break ground. (Low/Mod. Income Housing Requirement) em Turner asked that an item regarding the retention of the low/mod- erate income housing requirement be placed on the agenda in the near future. (Re P.D. Strip Search Policy) Mayor Kamena asked for a report from staff regarding the strip search policy of the Police Department. (Policy Booklet Review) Mayor Kamena requested a review of the Council Policy Booklet as an agenda item. (Buckley Development) Mayor Kamena said he'd had a citizen inquiry regarding the actual layout of the Buckley development at 7th and East Avenue relative to garbage and landscaping. He asked the Planning Director to look into the matter. ORD. RE DANCE PERMITS ON MOTION OF C~1 TURNER, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE ORDINANCE REGARDING A MUNICIPAL CODE AMENDMENT RELATIVE TO DANCE PERMITS FOR DANCES HELD ON PUBLIC PROPERTY, INCLUDING EDUCATIONAL OR RECREATIONAL PREMISES, WHERE PUBLIC OFFICIALS ACKNOWLEDGE SPONSORSHIP OF THE DANCE IN WRITING, WAS ADOPTED. ORDINANCE NO. 985 AN ORDINANCE AMENDING CHAPTER 7A, RELATING TO DANCES, BY AMENDING SEC. 7A.3, RELATING TO EXCEPTIONS, OF THE LIVERMORE CITY CODE, 1959. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at l2:25 to an executive session to discuss labor negoti- ations. APPROVE /J11 ~L,fLI·.1J~~ Mayor ( ~ 1 ('-. Ii - J¡ "~ ~ t.../(..... ATTEST CM-36- 69 Regular Meeting of March 26, 1979 A regular meeting of the Livermore City Council was held on Monday, March 26, 1979, in the Municipal Court Chambers, 39 South Livermore Ave. The meeting was called to order by Mayor Kamena at 8:03 p.m. ROLL CALL Present: Cm Ebert, Turner and Mayor Kamena Absent: Cm Dahlbacka and Staley (seated prior to Minutes Approval) PLEDGE OF ALLEGIANCE Mayor Kamena led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. PROCLAMATION RE INTER- NATIONAL YEAR OF THE CHILD Mayor Kamena read a proclamation designating 1979 as the International Year of the Child and urging all citizens to support and encourage those agencies working for the well-being of the children of our City. GAVEL ACKNOWLEDGEMENT Mayor Kamena announced that through the courtesy of an unknown bene- factor, the City is pleased to acknowledge the receipt of a new gavel and gavel stand. MINUTES APPROVAL - 2/26, 3/12, & 3/12/79 Minutes of the regular meeting of March 12, the special meetings of February 26 and March l2, 1979, were submitted for Council approval. The following corrections were made. .5 't Cm Dahlbacka: Add at end of Para. I, p. ~, "He felt that approaching the capacity in .l mgd increments per year was reasonable and prudent." em Turner: References to "Mayor" Turner on p. 54 and 57 be changed to read "Councilmember" Turner. Mayor Kamena: p. 53, under COUNCIL REORGANIZATION, 2nd para., the addition of "in a non-election year" to follow the word "March". ON MOTION OF CM TURNER, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE MINUTES WERE APPROVED AS AMENDED. OPEN FORUM Archer Futch, 1252 Westbrook Place, thanked Dale Turner for his year of service as Mayor, and especially for the fair manner in which he allowed everyone to be heard. He added that he was surprised at Council's failure to correct the statement made at the March 12th meeting, inferring that the last commercial or industrial develop- ment occurring in the city was in 1972. He stated that beginning in 1972, a period of intense non-residential development started. Non-residential construction projects completed or under construc- tion in the two years prior to March 1976, totaled $23 million dollars and the track relocation project laid the foundation that made possible much of the commercial development which is now occur- ring. These facts, he continued, are part of the State of the City message that was delivered at the meeting of Feb. 23, 1976, forming part of the historical record of City activities and he requested that Council acknowledge this historical record. C!'1:-36-70 March 26, 1979 (re Open Forum) Cm Dahlbacka noted that the statement made at the March l2th meeting was corrected at that meeting. Mayor Kamena asked that this record show acknowledgement of the State of the City message t~at was delivered at the meeting of Feb. 23, 1976. RTJLES SUSPENSION ON MOTION OF CM EBERT, SECONDED BY C~ TURNER AND BY UNANIMOUS VOTE, THE RUU;~~ NBRE SUSPENDED IN ORDER "'0 DISCUSS AT THIS TIME ITE~~ 4.1, RIDEO ROUTE CHANGES. CONT. DISC. RE RIDEO ROUTE CHANGES Since the last Council meeting staff has met with two citizens groups to discuss proposed RIDEO service extensions: 1) Lexington, Windsor Way and Regent area group, 2) Greenville North and Proud Country group. The Springtown Association also confirmed satisfaction with that area's existing fixed route. Ed Schilling, Assistant to the City ~anager, noted that the Lexington area group expressed their unequivical objection to the route change that would take the bus onto Windsor, Lexington and Regent, as their petition had stated. ~r. Schilling added that the North Livermore Jaycees, representing the residents of Greenville North and Proud Country, expressed some con- cerns, but the group consensus was that the service was desirable and the proposed routing is satisfactory. Mr. Schilling stated that he believed the proposed route change which would take the bus into the Sunset East development would provide ser- vice closer to a large number of people and would also alleviate a prob- lem which the city is likely to experience next fall because of the ter- mination of school bus service in that area. However, having met with the residents of the area, he felt the decision should not be made on strictly transportation engineering principles. He added that the "an- couver route is approximately ~ mile from the nearest school. In reply to a question by ~1ayor Kamena, Mr. Schilling noted that the yellow RIDEO bus has seen freguent use because of the many repairs required by the 5 regular route buses. A sixth vehicle has been auth- orized but has not been transported here from Hawaii as yet. He added that, to date, Patchett's had not, due to repair expense, made any money on their contract. Mayor Kamena noted that the report showed that the 1978-79 deficit was $57,000 less than expected. Mr. Schilling commented that this was probably due to service starting in August rather than in July as planned and that ridership and fare receipts are above expectations. r.lr. Schilling commented that the ~~urrieta route was eliminated basically in order to extend service to Greenville North and Proud Country. Gayl Tschritter, 1335 Lexington Way, stated that she was one of the four residents who had met with ~~r. Schilling regarding this item. The group, she stated, objected to neighborhood streets being used by buses, no matter what their age, because buses are too large, too noisy and emit too much smoke and too many foul-smelling fumes, thus creating a negative impact on our immediate environment. They felt buses were not in keeping with the intent of a Livermore ordinance which ?rohibits the routine use o~ residential streets by vehicles over 6000 pounds gross weight. Thev questioned the validity of the premise that bus service would assist childrpn going to and coming C~~ - 3 6 - 7l March 26, 1979 (re RIDEO Route Changes) from Arroyo Mocho and Sunset Schools. The RIDEO system could not accommodate the 240 elementary age chi1dren now being bussed by the School District. Area residents, she said, felt there was adequate service already with stops at Lexington and Hampton. She asked that Council consider the group's strong opposition before authorizing the proposed route through residential streets in the area. George Merritt, 1307 Lexington, felt that one of the mistakes that gov- ernment makes is to offer services that are not needed and that citi- zens do not want. He asked that the buses be routed to areas where people need and want them. Rita Nelson, 1386 Windsor Way, felt that the proposed routing would create a hazard for the children in the area who do occassionally play in the street. She added that 91% of the area residents signed the petition opposing the proposed routing. John Icanberry, 2455 Regent Rd., stated that he was in favor of pub- lic transporation, but did not understand the logics of routing buses through residential areas. He urged the Council to reconsider the proposal. Mr. Schilling explained that the city has a principle of trying to route the buses in areas where the density is significant enough to promote enough riders and so that every resident is within ~ mile of service. The Lexington route was proposed because it allows for a turn-around route and because the School District has asked about a possible bus stop in the area for school children. Al Perkins, 1392 Windsor, pointed out the blind turn that would exist turning from Windsor Way onto Lexington Way which would create a safety hazard for children playing in the area. Cm Ebert commented that it was very obvious to him that nobody in the area wants bus service and that he would have no problem voting it down at this time. Frank Calo, 1327 Lexington Way, felt that the buses should be routed on main arteries like Arroyo Rd. and Holmes which would still provide service to within ~ mile of the area residents. Cm Staley said he would like to support bus service to the area. He felt that the primary purpose of the bus system was not to serve the people who have access to automobiles, but to serve children and teen- agers without means of transportation, and the elderly. He was in favor of a bus system that served the whole town, including all the residential areas. He understood the concerns of the homeowners in the area because he lives in the area, too, but did not know how a residential area could be served without routing buses on residential streets. He thought the City staff had made the best recommendation that was possible and strongly supported the concept of service with- in the area. Cm Turner commented that he would not support the Lexington route since so many of the area residents objected to it. He felt the bus should serve the areas where there is a greater need for transporta- tion than the Sunset area, areas such as Proud Country, Springtown, and Greenville North which are much farther away from the downtown and commercial areas of the city. He suggested that stops on Holmes could serve the Sunset area adequately. He also suggested that smaller bus- es be considered. Mr. Schilling indicated that if the extension into Lexington, Regent and Windsor Way was not allowed, current routing would be continued. CM-36-72 Harch 26, 1979 (Re RIDEO Rout~ Changes) Cm Staley sugqested a Lexington, Superior, :a.rroyo Rd. route with a U-turn at Þ.rroyo hid. Mr. Schilling s~id that time would be a probleM as would finding a place which would allow the bus to turn around. Cm Ebert felt that large buses did not belonq on residential streets and compared the bus system to the diamond lanes, nice to have but not adequately used. He pointed out that only .3% of Livermore r~sidents are using the bus system, and wasn't sure that the system was needed. CH TURNER T'mVED TO APPROUF THE EXTET\1SION OF SERVICE TO PROUD COUNTRY VIA SHETLAND, PALOHINO AND PPJTO. rJ"HE W)rJ"ION DIED FOR LACK OF SECOND. Kay Parra, 819 Brennan Way, complained that though she had expressed an interest in attending a meeting on bus scheduling she had not been contacted by citv staff until late last Friday afternoon. She was in favor of flaq stops on all the routes or elirninatinq them completely. ~ayor Kamen~ noted that the recommendations of staff permit a minimal amount of flag stops in most residential areas of the proposed system. Mr. Schi1linq estimated that if the Droposed changes were approved, it would be two or three months before they became effective. Any further Council review would he scheduled as needed. CH STALEY MOVED "'0 APPROVE J\.LL THE STAFF RECŒ-1HENDATIONS vJITH THE EXCEPTION OF THE RFCO~1MENDATION REGARDING rJ"HE LEXINGTON, REGENT, ~VINDSOR HAY ROUTE, "'HAT ROUTE TO BE APPROVED FOR THE PERIOD OF JUNE 1 TO AUGUS'" 30, 1979, t^7ITH A REVIEW AT THAT TIHE. THE MOTION HAS SECONDED BY CM DAHLBACKA. Cm Turner stated he did not support the motion because the residents did not want the service in the area, and because the 3-month trial period simply wasn't practical from a time standpoint. Cm Staley commented that the reason for his motion was that he felt the primary reason for service in the area would be for the teens and the elderly in the area, particularly the teens who this summer would need transportation after the schools close. If the service was not effective, it could be discontinued at very short notice at the end of the summer, he noted. Another factor to be considered will be wheth- er the School District continues service to the area in the fall. Cm Turner did not feel that the bus system was desiqned to accommodate the needs of the School District if and when they eliminate some of their bus service. Mayor Kamena felt that although it was quite important to extend service to Proud County, it should not be done at the expense of eliminatinq service to the hospital area. He added that in his opinion, maintain- ing half-hourly and hourly schedules was not an important factor. CH STALEY WITHDREW HIS MOTION AND ~ADF. A SUBSTITUTE MOTION TO REFER THE STUDY BACK TO STAFF FOR CONTINUED DELIRFPATION ABOUT SERVING THE HOSPITAL AND ABOUT DEVELOPING A SERVICE ROUTE ALONr: ARROYO ROAD, SEC- ONDED BY CM TTJRNF.p. Cm Turner commented that it is very clear that the Lexington area res- idents do not wish bus service throuqh their area at this time. Cm Dahlbacka said he would vote for the motion but was disappointed that there would be no additional service in the Lexington area, as proposed. CN! - 3 6 - 7 3 March 26, 1979 (Re RIDEO Route Changes) Mr. Merritt reiterated that the Lexington/Holmes stop serves the area very adequately. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. RECESS ~~ayor Kamena called for a brief recess after which the meeting resumed with all members of the Council present. PUBLIC HEARING - PROPOSED GENERAL PLAN AMENDMENTS Proposed General Plan amendments are as follows: l) amendment of land use designations in rural residential areas; 2) text amendments; 3) pro- posed amendment - land use designation to Low Intensity Industrial, 19 acres at the southwest corner of Kittyhawk Rd. and Las Positas Blvd.; 4) addition of Energy Element; 5) proposed land use amendment, l8 acres located at East Avenue and Charlotte Way. Mayor Kamena opened the public hearing and requested that the fifth Droposed amendment (18 ac. East & Charlotte) be discussed first. Mike Farley, Kaufman and Broad, stated that the subject of this appli- cation is an l8 acre parcel at the northeast corner of Charlotte Way and East Avenue. It was submitted to staff last year to amend the General Plan from the present Residential designation of 6 units/acre to a designation which would allow a residential project at approxi- mately 8 units per acre, the specific category being 8-l8 units/acre, the only existing category in which this project would fit. The plan- ning staff recommended to the Planning Commission that the project be approved. A hearing was held and area residents objected to the proposal with the result that the project was turned down by the Plan- ning Commission. Council referred the item back to the Planning Com- mission for a second review and the project was again turned down, although two of the commissioners had positive comments about the project. He explained that the project was to have single-family detached homes in the $60,000 price range, both one and two-stories, designed as entry level housing. One problem raised was the addi- tional density proposed over what is currently allowed would generate traffic. Another problem mentioned was impacted schools as a result of children living in the development. Other factors included sim- ilar projects in the immediate area and previous General Plan changes for the area. Mr. Farley went on to explain mitigating measures for each problem area he had mentioned. He proposed a traffic signal at Charlotte and East Avenue and reorientation of lots along Charlotte Way. to alleviate traffic problems. Lot reorientation would also result in additional landscaping along Charlotte Way, an aesthetically pleas- ing effect would be achieved and the density of the development would not be apparent from Charlotte Way. He added that an exit would be created onto East Avenue so that all the traffic need not use Susan Way and Charlotte Way. All left-turning traffic onto East Avenue would be consolidated at this exit. Regarding schools, Mr. Farley said he had met twice with the School District and they indicate that there is no overcrowding at the ele- mentary level or Jr. High level but some overcrowing at the High School level which is a city-wide problem being dealt with by a fee being paid by every new home being built in the city including the development which Mr. Farley is proposing. He added that he felt this was a logical place to have some affordable housing because of the two major employers at this end of town. CM-36-74 March 26, 1979 (Re P.H. - G.P. Amendments) Mr. Farley stated that the General Plan amendment is necessary in order to develop as many homes as he is proposing, the number being necessary in order to maintain the price range designated by the City as being low/moderate. It is possible, he added, for 5% of the units in this pro- ject to be at the low end of the low/moderate ranqe. The price range for the proposed project would be $54,000 to $64,000. The parcel, Mr. Farley continued, is a consolidation of two separate pieces of property, designed as an integrated unit. The westerly piece, owned by Kaufman and Broad has 5l units on 7.l acres. The easterly por- tion is owned by the National Corporation for Housing Parnership but is being designed by Kaufman and Broad, and will have 19 units on the por- tion north of Susan Lane and 73 units on the portion south of Susan Lane. The parcels have a total of 143 units on 18.75 acres, the density being 7.6/acre. In reply to an inquiry, Mr. Farlev stated that the smallest house pro- posed will be ll40 square feet. Gil Leppelmeier, 5407 Evelyn Way, representing 30 of his neighbors and the Rhonewood Park Homeo'~ers' Association, expressed his disapproval of the proposal. He felt the cost of the land was minimal compared to the cost of material and labor and didn't think the increased density would be a factor in keeping the cost per unit down. He felt a great deal of work went into the General Plan and did not approve amending it, since it is already a political, social and legal compromise. To attempt to change it 9 times in the last 6 months is not reasonable, he felt. He added that a tract map which conforms to the General Plan has already been submitted but was withdrawn. He noted that the Rhonewood Park Homeowners Association strongly supports maintaining the present General Plan. Ben Hastings, 5460 Cleo Ct., agreed that there probably was a need for lower-priced housing in Livermore but pointed out that there was also a need for homes in the $100,000+ range. He added that he would like to see Council consider zoning this property to allow 5-6 nice estates to be built. Fred Spaeth, 5484 Cleo Ct., liaison for the Rhonewood Park Assoc., ex- pressed his concern with the impact the additional homes would have on Arroyo Seco School. Using the School District's formula, he estimated an additional 64 students of elementary age; more, he felt, than Arroyo Seco could handle. Cm Dahlbacka expressed his concern with the channelization of the arroyo north of Susan Lane. Mr. Spaeth noted that the owner of the area between Susan Lane and the arroyo had indicated that he was only interested in a high-density de- velopment for that area and might consider selling the property. In reply to a question by Cm Dahlbacka, Dan Lee, Director of Public Works, indicated that the present arroyo channel can handle the 100-year storm, but any excavation that would be required to construct an arroyo parkway would be done on the north side to avoid the eucalyptus grove on the south side. He felt the traffic signal at Charlotte and East Avenue would be mandatory even after Mines Rd. is put through. Howard Nies, Planning Director, noted that there have been density transfers in the area but the matter is a complicated one. Mr. Farley explained that the earlier plan for the 7-acre parcel con- formed to the General Plan but had its entrance from Charlotte Avenue since it did not have the capability of the type of interior circula- tion which is presently proposed. He added that because of the irreg- ular shape of the parcel, the natural layout of the project did conform to the General Plan. CM-36-75 March 26, 1979 (Re G.P. Amendments) Mr. Nies, in reply to a question by Cm Turner, noted that there was nothing in the General Plan that clearly states that there will be a bonus for moderate income housing. Mr. Farley stated that the present proposal is for l43 units which includes the 19 units north of Susan Lane. The General Plan would only allow l13 units. Mayor Kamena noted that the area is partially RS-5 and partially OSUR, the OSUR designation permitting the establishment of specific standards which may apply. Mayor Kamena asked for any comments on the other four proposed Gen- eral Plan amendments. Charles Orth, 753 Katrina, stated that despite previous testimony that Arroyo Seco School was not overcrowded, one of his children had to be on a waiting list for four months before he was assigned to a class at the school. He supported the present General Plan. In reply to a question by Cm Dahlbacka, Gary Reiners, City Attorney, explained that the problem is the General Plan requires lO% of all new subdivisions be low or moderate income housing. This require- ment is usually imposed at the time of subdivison map approval when there is a map that shows lots. When you put a duplex on one lot you have more dwelling units than lots in the development and in order to get the 5-6 low/moderate income units, it would require the development of three duplexes on three of the lots. Rather than re- duce the number of lots allowed to 47, the council approved in a f~w instances, 50 lots with 53 dwelling units. Therefore, he noted, a minor inconsistency exists, which will be taken care of by the pro- posed amendment. He did not feel that it was to be considered as established policy at this point. Pete Cornett, 2835 Pardee Place, representing Dr. Soo who owns 25 acres south of Pleasant View Lane, stated the Dr. Soo is in favor of the proposed General Plan amendment that would provide for rural residential development of property. Mr. Farley commented that he would like to acknowledge his respect for the concerns of the homeowners in the Charlotte area. He sug- gested two possibilities: I) approval of the General Plan change as he has requested with the limitation that would limit the density to a given figure instead of the 8-l8 range that now exists, 2) to issue a density credit much in the same way as Council has handled it in the past in Tract 3760. As an added incentive, Mr. Farley indicated that 5% of the housing units could meet the specifica- tions set by the Housing Authority for low-income housing. Mr. Leppelmeier stated that there had already been compromises in the area to allow high density when the citizens of the area wanted lower density. CM TURNER MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY C~1 EBERT. THE MOTION WAS WITHDRA~m TO ALLOW ADDITIONAL PUBLIC INPUT. Burt Gasten, chairman of the Energy Conservation Committee, supported the approval of the Energy Element amendment as proposed by the Com- mittee and approved by the Planning Commission. ON MOTION OF CM TURNER, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, AMENDMENTS 1 THROUGH 4 (AS ORIGINALLY LISTED) WERE APPROVED, AND THE NEGATIVE DECLARATIONS ORDERED FILED. CM-36-76 March 26, 1979 (Re P.H., G.P. Amendments) em Dahlbacka didn't see the need to change the element (re the Kaufman & Broad proposal) at this time, suggesting that any changes could be handled through zoning or the use of a P.U.D. He added that if moder- ate income housing is to be encouraged as a matter of policy, some type of bonus must be looked at. Mr. Reiners pointed out that the General Plan will have to be amended when the low and moderate income requirement comes back to Council for decision. He felt that the 5-l0% increase in density should be spec- ifically discussed at that time, and thought that a 10% density bonus would have to be considered whenever low or moderate housing is contem- plated. This could result in inconsistent zoning. Cm Ebert felt that the Kaufman and Broad proposal would realistically pick up some of the needs for low/moderate cost housing. He disagreed with the statement that Livermore wants lower densities or that high density housing equals baò neighborhoods. CM EBERT MOVED TO ACCEPT MR. FARLEY'S OFFER TO BUILD SOME 5% LOW IN- COME HOMES IN RETURN FOR A 10% DENSITY INCREASE, GIVING HIM 123 UNITS ON THIS TRACT. Mr. Reiners pointed out that the motion on the floor would be tanta- mount to acceptinq a 6.6 dwelling unit per acre density General Plan. THE MOTION DIED FOR LACK OF A SECOND. CM DAHLBACKA MOVED TO DENY APPROVAL OF ITEM 5 (18 ACRES, CHARLOTTE WAY/EAST AVENUE) OF THE PROPOSED LAND USE M1ENDMENT, SECONDED BY CM TURNER. In reply to an inquiry, Mayor Kamena stated that the mechanism used to approve the slightly higher density in Tract 3760 did not require a General Plan amendment since it was a procedural mechanism. Mr. Farley asked if Council could procedurally vote to change the General Plan with a restriction as to a particular density, which would in effect, not allow density greater than the General Plan allows if the General Plan category was increased to 8 units per acre and limited the units to his specific plan. Mayor Kamena stated that the categories that exist now have certain specifics with regard to number of units. Hr. Reiners explained that a problem exists because Mr. Farley's pro- posal falls between two categories. Legally, he said, the General Plan is a general guideline, and didn't feel that it would be incon- sistent under a General Plan designation to allow some leeway. He added that Council policy has been in the past to use the General Plan designation as a maximum but has permitted zoning to fall below that maximum. He suggested that this proposal could be approved under the present General Plan and zoning, if the General Plan is applied in its general sense. Mayor Kamena supported Crn Dahlbacka's motion because he was committed to the General Plan which encouraged growth to the north, concentrat- ing density towards the core areas and transportation centers, and allowed a range to apply to specific proposal.. THE MOTION WAS VOTED ON AND PASSED 4-l, CM EBERT DISSENTING. An amending resolution will be prepared for introduction at a later time. CM-36-77 March 26, 1979 P.H. RE PUD/CUP LIVERMORE AIRPORT INVESTORS GROUP A public hearing was held regarding applications for a Planned Unit Development/Conditional Use Permit submitted by Livermore Airport Investors Group (Brent Tucker, at al) to allow construction of an industrial complex, site located on the east side of Kittyhawk Road, 430 feet north of Las Positas Blvd. Mayor Kamena opened the public hearing. There being no public input, ON MOTION OF CM EBERT, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. CM TURNER MOVED TO APPROVE PUD/CUP NO. 11-79 IN ACCORDANCE WITH P.C. RESO. NO. lO-79, FILE THE NEGATIVE DECLARATION, AND IMPOSE AN ADDI- TIONAL CONDITION LIMITING THE HEIGHT OF THE STRUCTURES ON THE SITE TO 23 FEET BECAUSE OF THE PROXIMITY TO THE AIRPORT; SECONDED BY CM STALEY. Mr. Lee noted that the City has a tentative allocation from the FAA to acquire the east approach area for the airport, which would in- clude this property, and appraisals should be in within two weeks. At that time, the decision will be made whether to purchase a portion or all of the area that the allocation is for. The matter, he added, will come before the Council at a later date. Mr. Reiners pointed out that the FAA grant is tentative and that the city's actions are actually only a feasbility study on the acquisi- tion, which should be evaluated strictly by planning considerations. Cm Dahlbacka said he could not do that so he would abstain on the motion. THE MOTION WAS VOTED ON AND PASSED 3-0, CM DAHLBACKA ABSTAINING AND CM EBERT BEING MOMENTARILY ABSENT. P.lI. RE UNDERGROUND UTILITY DISTRICTS A public hearing was held regarding proposed establishment of Under- ground Utilities Districts as follows: a) First Street - from the east side of So. Livermore Ave. east to the extension of First Street (relocated) b) So. Livermore Avenue - from the south side of Fourth Street, south to just beyond the Civic Center site Keith Brown, 845 So. Livermore Ave., asked if it was correct that he would have to pay from the point where P.G. & E. establishes a service entrance underground to his present service entrance on his house. Mr. Lee stated that Mr. Brown's assumption was correct and could not estimate accurately what the cost would be, although it might be in the range of $200-$400. He added that this project would eliminate the overhead clutter of wires, poles and crossarms, and would enhance the value of the property. Dave Altscher, who is employed by P.G. & E., stated that the cost would be determined per lot, but the P.G. & E. cost to the customer probably will be nothing provided that the house is less than lOO feet back from the property line and the property owner provides the trench and conduit, if necessary. Costs assumed by the property owner would include converting the existing overhead panel and providing conduit when necessary. Mr. Brown pointed out that those costs still could exceed $200 for a service that he did not want. CM-36-78 March 26, 1979 (Re P.H. - Underground Utility Districts) Mr. Reiners acknowledged that the Council has the ability to overrule the protest on the formation of the district. Richard Ryon, property owner at 2365 First St., was strongly in favor of the proposal. ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. Cm Ebert felt that all property owners, tenants and utility customers had not been adequately informed as to the possible costs of this pro- ject and asked that the hearing be continued. Jack Wilson, 847 So. Livermore, did not feel he should have to pay for a project that he did not need. Mr. Lee felt that the project was needed because it enhances the value of the property, and makes it possible to improve street lighting. He added that the PUC considered it important enough that they requested P.G. & E. set aside 2% of their gross receipts just for undergrounding. He pointed out that the money that the city is spending is money col- lected by them, paid by the users, and if the city doesn't use it for undergrounding, it will be lost to us. After further discussion, CM EBERT MOVED TO CONTINUE THE PUBLIC HEARING, SECONDED BY CM TURNER. (Cm Turner's comments are inaudible on tape) Lee Horner, City Manager, pointed out that costs will vary for each individual property owner. Mr. Altscher explained that costs for a trencher could run $3-$10 a foot, and there would be no charge for 100 ft. or less of wire. He added that most residential customers will not require conduit but all commercial customers will. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. It was the consensus of Council to continue the public hearing to the meeting of April 23, 1979. CO~~ITTEE RESIGNATIONS Resignations were accepted from the followinq: Christine R. Schnitzer - Beautification Committee Gerald T. Richards - Housing Authority The staff was asked to send Ms. Schnitzer and Mr. Richards letters of appreciation for their services to the City. COMM. - NORTHWOOD HOMES A communication was received from Northwood Homes, Inc. requesting the Council to grant three additional lots in a proposed subdivision, and that the Council set a policy of 10% increase in density as an incent- ive to build low and moderate priced homes as an ongoing policy. ON MOTION OF CM TURNER, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE MATTER WAS REFERRED TO STAFF TO BE INCORPORATED WITH THE RECOM.TI1EN- DATION REGARDING A LOW/MODERATE INCOME POLICY. CM-36-79 March 26, 1979 COMM. RE SB 1934 A communication was received from the City of Hayward requesting Livermore's support in urging the Metropolitan Transportation Com- mission to support SB 1934 to include projects in the transportation improvement programs and authorize use of bridge toll revenues for immediate funding. ON MOTION OF CM STALEY, SECONDED BY MAYOR KAMENA AND BY UNANIMOUS VOTE, THE COUNCIL SUPPORTED HA~1ARD'S POSITION. CITY MANAGER'S REPORT Lee Horner, City Manager, reported that LARPD would like to meet with the Council's representatives on a few matters, one of them being the park development fees. Cm Turner suggested that Council also have quarterly meetings with the LARPD. Mr. Horner noted that each Councilmember had received a copy of the procedures and standards adopted by Zone 7 at their meeting of March 21. He indicated that staff is anticipating an application from Herman Ruth for the City to provide him with sewer service. RIDEO ROUTE CHANGES This item was discussed earlier, immediately following Open Forum. RE P.C. REPORT TRACT NO. 4230 A report was received from the Planning Commission regarding Tenta- tive Tract No. 4230, a 64 unit development, on the southeast corner of East Avenue and Dolores Street, submitted by Jack Tinney and Pat Vane. It recommended that the Council adopt a resolution approving Tentative Tract Map no. 4230, based on the findings and subject to the conditions as indicated in Planning Commission Resolution No. l4-79. ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE STAFF RECOMMENDATION WAS ADOPTED. A resolution will be prepared for the next regular meeting's Consent Calendar. P. C. REPORT RE LOT LINE ADJUSTMENT A report from the Planning Commission regarding a lot line adjustment at 1909 College Avenue recommended that Council adopt a resolution approving the proposed lot line adjustment based on the findings that no new parcels are being created, no additional development is antici- pated resulting from the adjustment, and that the adjustment will re- flect the existing residential use of the properties. ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE STAFF RECOMMENDATION WAS ADOPTED. A resolution will be prepared for the next regular meeting's Consent Calendar. P.C. REPORT RE FINAL MAP - TRACT 4099 After a general discussion regarding mechanics of approval, legal procedures, and bond inadequacy, this item was continued to the meeting of April 9, 1979. CM-36-80 Harch 26, 1979 RE MTC GRANT - 1979-80 RIDEO SERVICE APPLICATION A report was received from the City Manager regarding the Transporta- tion Development Act Grant Application. The city must file an appli- cation with the Metropolitan Transportation Commission annually for funds to operate the local transit service. Staff recommendation was to approve a resolution authorizing the filing of the grant application. Cm Ebert remarked that he didn't feel there was any justification for a public transportation system when the figures indicate that only .7% of Livermore's population use the system resulting in a taxpayer sub- sidy of $2.76 per rider, round trip. Cm Turner pointed out that it was understood at the time of the original RIDEO proposal that the system would be unprofitable and the City did not anticipate breaking even. In reply to an inquiry by Mayor Kamena, Mr. Schilling said that the new buses will be owned by the City and leased to an operator at a nominal cost. Mayor Kamena noted that if the population of Livermore is determined to be more than 50,000 as a result of the 1980 census, the City would be eligib,le for UMTA fupcling. H¿ p,/';.e:. ~-,ùH~ tht Ot+,(.AI. bU.~èJ""V. (\.ç H'; Ct':"':'c;~ pCf'v/¡q-j,t,,, +0'''- '-·.Jc...~.'t)C¡¡:'<' PI~ ct oJ,,-I'I I, ¡0Tl, tv b< "-f i./ 85,¿. ~~,LI{!{,i;¡:-(!ec.~. ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNAN!MOUS VOTE, THE STAFF RECO~~ENDATION WAS ADOPTED. RESOLUTION NO. 71-79 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE METROPOLITAN TRANSPORTATION COMMISSION FOR ALLOCATION OF TRANSPORTATION DEVEIJOPMENT ACT FUNDS FOR FISCAL YEAR 1979-80. RE FUTURE SENERAGE ALLOCATION - INTEL A communication was received from Intel regarding future sewerage allocation. Gary Hintz, agent for Intel, indicated that the Chief Engineer for Intel, Gerald Stratbacker, was present to respond to any questions that Co~ncil may have regarding the correspondence from Intel. Mr. Stratbacker, replying to a question by Cm Ebert stated that without a major pre-treatment system, it would be difficult to segregate any portion of waste water so that it had virtually no BOD. Cm Staley suggested a Council subcommittee to specifically meet with the Public Works Director, City Manager and Intel staff to conduct an in-depth discussion of the matter. It was agreed by the Council to appoint Cm Ebert and Cm Staley to the subcommittee with the City Man- ager to coordinate the meetings. It was the consensus of Council to continue the matter, and to have it brought back as an agenda item at a later meeting. C.M. REPORT RE COUNCIL MEETING SCHEDULE A report from the City Manager supported a continuation of the twice- a-month Council meeting schedule. ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE THE COUNCIL ADOPTED THE RECOMMENDATION OF THE CITY MANAGER. C~~-36-8l March 26, 1979 RE 1978-79 FISCAL YEAR BUDGET PROJECTIONS The City Manager submitted a report regarding the 1978-79 fiscal year budget projections. It was also noted that there will be further bud- get discussions at a future meeting. ZON. ADM. AND P.C. SUMMARIES Summaries of the Zoning Administrator's action of March l3 and the Plan- ning Commission meeting of March 20, 1979 were noted. P.C. MEETING MINUTES, 3/6/79 The minutes of the Planning Commission meeting of March 6, 1979 were noted. CONSENT CALENDAR By general consensus Item 6.10 regarding an amendment of contract with Alameda County to provide for handling in-custody youths, was deleted from the Consent Calendar for discussion purposes. Report re Las positas G. C. Insurance A report was submitted by the Finance Department regarding renewal of Las positas Golf Course fire and earthquake insurance and recom- mending renewal as per quotation from Robert F. Churchill, M. E. Callaghan Insurance, for the period of April I, 1979 to April 1, 1980. Report - Bids Solicitation Projects proposed to be solicited for bids are as follows: 1978-79 Slurry Seal - Project 78-1 1978-79 Overlay Project - Project 78-1 It was recommended that the Council authorize staff to call for bids for both projects. Reso. re Salary Classifications The Council adopted a resolution regarding salary classifications for all employees, rescinding prior resolutions. RESOLUTION NO. 72-79 A RESOLUTION OF THE CITY OF LIVERMORE ESTABLISHING A SALARY SCHEDULE FOR THE CLASSIFIED AND UNCLASSIFIED EMPLOYEES OF THE CITY OF LIVERMORE, ESTABLISHING RULES FOR ITS USE, AND RESCINDING RESOLUTION NOS. 324-78, 29-79, 39-79, AND 63-79. RE BENCH INSTALLATIONS, LIVERMORE HIGH SCHOOL On staff recommendation council approved materials cost (~) and labor cost for bench installations for the Livermore High School area. Resos. re Appointments Resolutions (2) regarding appointments were adopted as follows: 1) William Chandler to Housing Authority Board, 2) Pat Vane to Housing Coordination Committee (Developer Representative) CM-36-82 Harch 26, 1979 (Resos. re Appointments) RESOLUTION NO. 73-79 A RESOLUTION FOR APPOINTMENT TO THE HOUSING AUTHORITY BOARD (William Chandler) RESOLUTION NO. 74-79 A RESOLUTION FOR APPPOINTMENT TO THE HOUSING COORDINATION CŒ1!-U't'TEE (Pat Vane) Resos. Reflecting Previous Action The Council adopted two resolution reflecting action taken at the last meeting as follows: Tentative Parcel Map No. 2838 - R. Shaheen, property located west of Vasco Rd., south of Research Dr. The Brick Yard - located at the end of Railroad Ave., north of Stanley Blvd. RESOLUTION NO. 75-79 A RESOLUTION APPROVING TENTATIVE PARCEL MAP NO. 2838 RESOLUTION NO. 76-79 A RESOLUTION APPROVING CONDITIONAL USE PERMIT NO. 229-78 (The Brick Yard) Reso. re Project 76-16 The Council adopted a resolution accepting work and directing recording of Notice of Completion for Project 76-l6, Second and So. L. Street traffic signal. RESOLUTION NO. 77-79 A RESOLUTION AUTHORIZING ACCEPTANCE OF ~~ORK AND AUTHORIZING AND DIRECTING THE RECORDING OF NOTICE OF COMPLETTION RE Project 76-16 - Second and South L Traffic Signal Reso. re Quezaltenango Parkway The Council adopted a resolution authorizing execution of agreement with LARPD for joint acquisition of property, Quezaltenango Parkway. RESOLUTION NO. 78-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Livermore Area Recreation and Park District) Reso. re CETA The Council adopted a resolution authorizing execution of agreement with the Employment Development Department for one CETA sustainment slot Title VI. RESOLUTION NO. 79-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (EMPLOYMENT DEVELOPMENT DEPARTMENT, STATF. OF CALIFORNIA) CM-36-83 March 26, 1979 Claims and Warrants There were 138 claims in the amount of $99,678.68, and payroll war- rants in the amount of $ll3,42l.37, less a Treasury Bill in the amount of $190.421.00 for a total of $403,521.05, dated March 9, 1979, and approved by the City Manager. There were 157 claims in the amount of $l28.663.84, dated March l4, 1979, and approved by the City Manager. A register, dated March 2l, 1979, was deleted from the Consent Calen- dar and will be rescheduled for the meeting of April 9, 1979. CONSENT CALENDAR APPROVAL ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED WITH THE EXCEPTION OF ITEM 6.10, DELETED FOR DISCUSSION PURPOSES, AND THE DELETION OF THE REG- ISTER DATED 3/21/79 WHICH WILL BE RESCHEDULED FOR THE MEETING OF APRIL 7, 1979. CONTRACT RE HANDLING IN-CUSTODY YOUTH This item was deleted from the Consent Calendar for discussion purposes. Council discussed the amendment of contract with Alameda County to provide for handling in-custody youth. Approval of the contract will switch the emphasis of the Horizons program from diversion to in- custody management, Mr. Schilling explained. Horizons hours will be extended and Horizons counselors will assume responsibility for the management and counseling of in-custody status offenders. County funding will be lost if this amendment is not approved, Mr. Schil- ling noted. Cm Staley expressed concern with the change of emphasis in the Hor- izons program. Mr. Schilling commented that the Horizons counselors will be used to counsel and advise the status offenders who are taken into cus- tody by Police officers. The status offenders will either be taken directly to the Horizons counseling center or to the Youth Facility on Harter Rd. in Hayward. CM STALEY MOVED TO NOT APPROVE THE FUNDING FOR THE PROGRAM. Cm Staley indicated that the only reason he had voted to approve and continue Horizons, under the current budget circumstances, was because of the tremendous need it served in the community, the di- version need and the need of counseling youths who were not in cus- tody. He saw no reason for changing the emphasis of the program and if the County insists on changing it, he was no longer willing to fund it. em Staley withdrew his motion and it was the consensus of Council to continue the item to the meeting of April 9. MATTERS INITIATED BY STAFF (Agreement - Madis, et al) Mr. Reiners submitted a contract for execution by the Council, con- firming action taken by the Council at the last regular meeting. CM TURNER MOVED TO SUSPEND THE RULES AND ADOPT THE EMERGENCY ACTION PRESENTED BY THE CITY ATTORNEY, SECONDED BY CM EBERT. CM-36-84 March 26, 1979 Hr. Reiners explained that this agreement covers the two conditions that Council imposed upon the tract that were not included in the con- ditions to the map, itself. He recommended approval. THE MOTION WAS VOTED ON AND PASSED UNANDlOUSLY. RESOLUTION NO. 80-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (David S. Madis, McGlinchey, et al) MATTERS INITIATED BY COUNCIL (Budget Agenda Item) ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, COUNCIL REQUESTED AN AGENDA ITEM TO DISCUSS THE APPROACH TO THE BUDGET. (Springtown Pro) In reply to a question by Cm Turner, ~1r. Horner stated that shortly after the first of the year, Mr. Wood, Springtown Golf Course Pro, had indicated a desire to resign. An ad was placed in various publi- cations, after which Mr. Wood informed City staff that he did not wish to resign, but it was too late to withdraw the ad. (Budget Review - Police and Fire Departments) Cm Turner reminded staff that he and Cm Staley both wished to discuss utilization of the Police and Fire Departments at budget time. He asked for reports from the Police and Fire Chiefs for Council review. (Re SB 332) Cm Dahlbacka asked the Council support opposition of SB 332 which would impose an unrealistic limit on the city's ability to charge for build- ing permits. It was the consensus of Council that a letter be sent. (Comm. - Livermore Housing Authority) It was the consensus of Council to send a letter to the Livermore Housing Authority expressing objections to a letter sent by Clarence Hoenig, a member of the Housing Authority to David Morrison, General Counsel to the Dept. of Housing and Community Development, regarding the recent failure of the Housing referendum and the City Council's position on the General Plan and the low/moderate income housing provision. ADJOURNHENT There being no further business before the Council, the meeting was adjourned at 12:30 a.m. APPROVE I ~% /}J1{L~ J~47)¿2 !tÞL(1Lð- Hayor elL---- ~ y Clerk ivermore, California CH-36-85 Special Meeting of April 9, 1979 A special meeting of the City Council was called by Mayor Kamena for Monday, April 9, 1979, at 7:30 p.m., in the Conference Room, City Hall, 2250 First street, Livermore, California. The purpose of the meeting was: Executive session to discuss labor negotiations. Present: Cm Dahlbacka, Ebert, Staley, Turner and Mayor Kamena Absent: None The meeting convened at 7:30 p.m. and immediately adjourned to an executive session. The meeting adjourned at 8:00. APPROVE /h1 ~-cf1Lð-- Mayor ATTEST J- ~ C1ty Clerk Livermore, California Regular Meeting of April 9, 1979 A regular meeting of the Livermore City Council was held on Monday, April 9, 1979, in the Municipal Court Chambers, 39 South Livermore Ave. The meeting was called to order by Mayor Kamena at 8:00 p.m. ROLL CALL Present: Cm Dahlbacka, Ebert, Staley, Turner and Mayor Kamena Absent: None PLEDGE OF ALLEGIANCE Mayor Kamena led the councilmembers as well as those present in the audience in the Pledge of Allegiance. MINUTES APPROVAL MEETING OF 3/26/79 Minutes of the regular meeting of March 26, 1979 were submitted for council approval. The following correction was made: Mayor Kamena: The addition on p. 81, after the fifth paragraph, of: "He also noted the official Bureau of the Census population for Liv- ermore as of July I, 1977, to be 49,852". ON MOTION OF CM TURNER, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE THE MINUTES OF THE MEETING OF MARCH 26, 1979 WERE APPROVED AS AMENDED. OPEN FORUM (Livermore Rodeo Parade) Burke Critchfield, 1171 Murrieta Blvd., representing the Rotary Club of Livermore, asked that Council again sponsor the Livermore Rodeo Parade. He introduced Chuck Anderson, Parade chairman, who pointed out that last year the City allowed them to operate under their blan- ket insurance and sponsored the cleanup. The Rodeo Committee would CM-36-86 April 9, 1979 (Re Open Forum) like the City to do the same for this year's parade. CM EBERT MOVED TO SUSPEND THE RULES IN ORDER THAT ACTION MAY BE TAKEN REGARDING THE ROTARY'S REQUEST FOR SUPPORT OF THE RODEO PARADE. HOTION WAS SECONDED BY CM TURNER AND PASSED UNANIMOUSLY. CM EBERT MOVED TO SUPPORT THE LIVERMORE RODEO PARADE TO THE SAME EXTENT AS LAST YEAR, SECONDED BY CM TURNER. THE MOTION WAS VOTED ON AND PASSED UNAND10USLY. Mr. Critchfield commented that the committee would like the Council to ride in the Livermore stagecoach in the parade to the reviewing stand from where they would like them to review and judge the parade entries. (Re Wilson Lot of Record) Demetra Wilson, 737 "M" St., stated that on March 27, she received a letter from city staff stating that two sewage permits were being held for her and that if she would bring in her building plans by April 2l she could then obtain a building permit. She later received a phone call from Mr. Horst saying that an error had been made and that there were not two lots listed on the map plan, as had been assumed by the last four owners and everyone else concerned. Sometime prior to 1960, two lots were listed but not recorded. As a result, she is having the area surveyed but because of time constraints, she asked Council to allow her to proceed with the building with the understanding that what ever needs to be done from a technical point of view will be done and all fees paid, as necessary. Mayor Kam~na suggested referring the matter to the Planning Dept. staff for prompt resolution of the problem. Cm Turner agreed and asked that staff look into the legal aspects. Gary Reiners, City Attorney, stated there is a sewer connection problem which is, at this point, unrelated to the existing lot of record situa- tion. He agreed that neither of the lots are in conflict with the zon- ing in the area. Cm Dahlbacka noted that it had been Council policy to encourage in- filling in the older areas of the city, and would like to see staff expedite the matter. It was the consensus of the Council to recommend to staff that they do what they can to resolve the matter to the satisfaction of the applicant and the City. Howard Nies, Planning Director, 'ltlaS asked to serve as contact for all parties involved. RE JOINT INCORPORATION OF DUBLIN SAN RAMON AREA A communication was received from Dublin San Ramon Services District asking for Council support regarding the joint incorporation of the Dublin San Ramon communities into a single city. CM EBERT MOVED TO SUPPORT THE DISTRICT'S REQUEST, SECONDED BY CM DAHL- BACKA. Cm Dahlbacka commented that it has been this community's belief that what is urban should be municipal. THE HOTION WAS VOTED ON AND P)'l.SSED UNANIHOUSLY. t1ayor Kamena asked that a letter be sent to the Dublin San Ramon Ser- vices District expressing council's support and encouragement. CM-36-87 April 9, 1979 RE PROPOSED ANNEXATION, SO. LIVERMORE AVENUE A request was received from Rich Fletcher regarding a proposed annexation on the west side of So. Livermore Avenue, opposite the civic center site. ON MOTION OF CM TURNER, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE MATTER WAS REFERRED TO STAFF FOR A REPORT. RE DEPOT PLAZA SHOPPING CENTER OFF-SITE WORK A request was received from Southern Pacific Development Co. regard- ing responsibility for off-site work in connection with the Depot Plaza Shopping Center, in relation to clarification of Engineering requirements. Staff recommendation was to have the Mayor appoint a two member sub- committee to assist in the resolution of this issue and similar ones which are likely to surface in the future. Cm Turner suggested that staff make a written recommendation to Council and have the Council make any decision regarding the South- ern Pacific request. Cm Staley, who made the original motion which dealt directly with the conditions of approval, stated that his intent was clear regard- ing the street lights, but the ambiguity remains in the street im- provements as set forth by the Planning Director's conditions of approval. He noted that there had been some controversy about what should be done about the stop light at ilL" and Railroad, and the decision at the time had been that a decision would be made in the future, when the adjacent parcel, across the street, develops, at which time the developer of that parcel would put in the light. Dan Lee, Director of Public Works, said that the cost of the ducts and pull boxes, would be around $1500 if done now instead of later when the street would have to be dug up, resulting in higher costs. CM EBERT MOVED TO APPOINT A TWO-MAN SUBCO~1ITTEE TO STUDY THE PRO- POSED DEPOT PLAZA SHOPPING CENTER CONDITIONS OF APPROVAL. THE MOTION DIED FOR LACK OF A SECOND. CM TURNER MOVED TO REFER THE MATTER TO STAFF FOR A REPORT WHICH WOULD INCLUDE THE ORIGINAL RESOLUTION REGARDING THE IMPROVEMENTS, SECONDED BY CM STALEY. Cm Staley hoped that staff would come back with both a report on the problem and a recommendation on how to solve it. Mayor Kamena asked that staff specifically address the responsibil- ity of the developer as to whether the improvements, resulting from the project, are in front of the property in question or the adjacent property not involved in the SP development, and which costs, if any, should be borne by the developer. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. Joe Hohenrider, Southern Pacific Development Co., felt that there was a misunderstanding between City staff and his company. His understanding, at the time the matter was originally discussed, was that the improvements in front of the adjacent property were to be the City's responsibility. Southern Pacific would do the work but would be reimbursed by the City. CM-36-88 April 9, 1979 RE ZONING RESTRICTIONS, RINCON SHOPPING CENTER A communication was received from G.F. and E.W. Rathbun, owners of the shopping center on Rincon Ave. regarding restrictions imposed on bus- iness locations in the Center as a result of the zoning laws. CM TURNER MOVED TO REFER THE MATTER TO STAFF FOR A REPORT, SECONDED BY CM EBERT. Lee Horner, City Manager, noted that the matter of the zoning and the CUP's at the shopping center are scheduled on the Planning Commission's agenda for the first week of May. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. Cm Ebert pointed out the excessive vandalism problem in the area of the shopping center, and its adverse effect on area businesses. CITY MANAGER'S REPORT (Re Legislation) Mr. Horner reported that the amendment regarding strings attached to the bailout bill was defeated, after a vociferous outcry from cities within the state. (Re State Planning Law) Item 2 in the League Legislative Bulletin asked California cities to oppose a specific reference in the State Planning Law to zone only for residential purposes and consider no other purpose. Mr. Horner recom- mended that the Council take action to oppose the bill (SB 606). (Re State Housing Dept.) Mr. Horner recommended that Council take action opposing State Housing Dept. budget cuts asking that the State do not include monies in their budget to hire enforcement officers to see that cities are complying with the law. ON MOTION OF CM DAHLBACKA, SECONDED BY C~1 EBERT AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED THE CITY HANAGER'S RECOMMENDATION REGARDING BOTH ITEMS. Mr. Horner commented favorably on an article in the Tri-Valley Herald concerning the Las positas Golf Course and the way it is being main- tained. He added that the City Golf Course Superintendent, Mulkh Raj, recently received the Golf Course Superintendents Association of North- ern California Merit Award for excellence in golf turf management for the year 1978. Mayor Kamena, on behalf of the Council, congratulated Mr. Raj, on his recent achievrnent. Mr. Lee added that Mr. Raj has recently completed rebuilding of all the greens and pioneered the use of sand for reconstruction. (Re Diamond Lane, I-580) Regarding communications sent to Sen. Holmdahl and Assemblyman Mori concerning the I-580 diamond lane, Cm Turner asked Mr. Horner if any response was expected. Mr. Horner said he anticipated both to respond. Cm Turner suggested an agenda item after the responses were received, to discuss them and the communication from the Dept. of Transportation. In the interim, he suggested the Department be queried as to methods of increasing use of the diamond lane, and what they are currently doing to encourage use of the lanes. Cf1- 3 6 - 8 9 April 9, 1979 (Re Diamond Lanes) It was the consensus of Council that a letter be sent to the Depart- ment of Transportation or the appropriate agency and to schedule the matter as an agenda item after responses are received. APPEAL - CUP AND VARIANCE, SKOBI, INC. An appeal was submitted by Skobi, Inc., B. Skobielew, regarding de- nial of a request for a Conditional Use Permit and Variance for prop- erty located at l414 Second Street, ABC Tractor Sales and Service. In response to a question by Mayor Kamena, Gary Reiners, City Attor- ney, stated that there were reasons but no legal requirement to con- tinue this item to a later meeting. He added that in his opinion, it was solely within the discretion of the Council as to whether they want to hear this matter tonight or to continue it, since it was properly noticed and set for tonight's agenda. Cm Ebert stated that it was his assumption that this business has been operating in violation of the zoning in that area for some time. Howard Nies, Planning Director, stated that Cm Ebert was correct in his assumption. In reply to a question by Mayor Kamena, Dorothy Hock, City Clerk, indicated that the response given phone inquiries regarding contin- uing an agenda item is that the person submit a written request to Council asking for a continuance, which is normally granted although Council is under no obligation to continue an item at any time. She added that this is, in essence, what her secretary advised Mr. Van Atta, counsel for Skobi, Inc. Louis Weller, from Mr. Van Atta's law firm, representing the appli- cant, stated that Mr. Van Atta's request for a continuance was the result of a prior commitment of ~1r. Van Atta's. He stated that the firm made every effort to have the matter set for any date other than tonight, and added that Mr. Van Atta had assumed that the matter had been continued to April 23, 1979, and that he would have till then to prepare for a fair presentation on behalf of his client. Mr. Reiners indicated that the Zoning Ordinance does set forth an appeal procedure that requires a hearing date on the appeal be set within 30 days unless the Council decides to act on the matter as soon as it receives it. Cm Ebert commented that he had been contacted by several homeowners in the area regarding the operation of this business in violation of the zoning ordinance. He stated that the operator of this business has known for some time that he has been operating in violation of ordinance and has been aware of the opposition of the area residents. Mr. Weller indicated that it was his belief that a reasonable re- quest for continuance was made, very promptly, when the hearing was scheduled. The request was not intended, he added, to delay the matter unduly but only to give Skobi, Inc. a fair hearing. Cm Staley noted that the matter had originally been brought up in December of 1978, according to the Zoning Administrator's report of Dec. 12, 1978. It took Skobi, Inc. 6 weeks after that to apply for a CUP and variance. He felt that, assuming that Mr. Weller's law firm was prepared to respond at the meeting of March 26, it should be currently prepared to represent Mr. Skobi's interests. Mayor Kamena indicated that, unless he heard opposition from Council- members, it was the chair's ruling that this matter be heard tonight. CM-36-90 l\:pril 9, 1979 (Re Skobi, Inc. Appeal) Hr. T'7eller stated that it evas unclear to him why the Planning COInmis- sion had overruled the staff report recommending approval of the CUP. He stated that the zoning on the ,^1estern portion of the block in \'lhich ABC Tractor Sales & Service is located, is Commercial up to the prop- erty in question, then Commercial - Office to the eastern end of the block. It is not residential. ~he request, he said, is for a CUP to use the lot located at l4l4 Second St. for storage and ingress/egress for the business located on the First St. side of the block. Because of the heavy flow of traffic on First St., ingress/egress creates a hazardous situation, Mr. Weller indicated. In addition, there is no on-street parking on First St. because of the median barrier. Regard- ing the 15 foot setback required in the CO Zone, ~1r. Heller commented that other businesses in the area do not have the required setback, although most do have a wall, which might be one solution to the present problem. Part of the problem, he said, has been that he had not been able to work out, with city staff, some kind of arrangement which would preserve the character of the neiahborhood but still allow the same kind of commercial use \vhich the city has apparently allowed in very close proximity. Mr. t1eller pointed out that though the area is zoned CO, the lots are too small to allow office buildings because of the required setback and other city requirements. He asked if the CUP could be granted with conditions. ,Tames Levlis, 287 South "R" St., presented some pictures shmving trail- ers parked on the lot in question. He stated that it is a quiet resi- dential neighborhood and he did not like to see industrial equipment parked near his home. Nancy Wagner, 1417 Third St., stated that both she and her husband were strongly opposed to having tractors parked in the neighborhood of small, modest homes. She added that commercial development in the area, such as Samho's, has had a negative influence particularly regarding traffic. She suggested that if a fence is built, it should be built high enough so the neighbors don't have to look at the tractors parked on the lot. Dave Austin, 210 South uR" St., stated that he felt Skobi, Inc. did not follow proper procedure regarding City regulations and was opposed to the granting of the CUP and the variance. Thomas Thompson, 1457 Third St., was opposed to both the CUP and the variance. Letters of opposition were also received from the following: John Greci - 1442 Third St. JaMes and Mary Lewis - 287 South UR" St. Peter Hnatow - 292 South "R" St. Irene Bordes - 287 South "Rn St. Donald and Jeannie Thomas - 1443 Third St. Jean Pefley - 1446 Second St. John and Nancy Wagner - 1417 Third St. CM EBERT MOVED TO DENY BOTE THE CUP AND THE REQUEST FOR A VARIANCE AND TO ENFORCE THE CITY REGUJJATIOTl.TS AS THEY RELATE TO THE PROPERTY IN QUESTION ON THE BASIS OF A con CO'TFOR'UnC u~:e;/, ~E~OND~p) B~ CM DAHLBACKA. í'>lC"I' C l1 N Fe g tvll·'1 G J¿JJ?~-, (J¿~ ~- CM STALEY t-1ADE AN ~MENDPTG MOTION TO INSTRUCT THE Pt.ANNING CŒ1MISSION TO REEXNHNE THE CONDITIONAL TJSE PE-q~.o1IT THAT t,1AS GR7\NTED TO A3C TRACTOR SALES IN 1977, TO SEE IF IT IS BEING USED FOR OTHER PURPOSES THAN t\TERE REPRESENTED Z\.T THE TPlE, AND DIRECT STAPF TO PREPARE A RESOLUTION t'lITH THE APPROPRIATE FINDIN~S, SECONDED BY C·~ DAHLBACKA. Cm Staley said his recollection of the original CITP that was granted was that this business would sell small riding mowers and rototillers. He did not recall any discussion regarding tractors or trailers. 01-36-91 April 9, 1979 (Re Skobi, Inc. Appeal) Mr. Nies stated there was no CUP originally, it was just a staff judgement that it was a proper use in the zone. Mr. Weller felt the thrust of the opposition was the attractive nui- sance question and the changing character of the neighborhood. He felt the changing character of the neighborhood was a result of the area being zoned from residential to commercial use, rather than the presence of Skobi, Inc. in the vicinity. He requested that his client be allowed to alleviate the concerns of the neighbors by building a wall and/or other appropriate measures. Mayor Turner noted that as a result of conversations with each of the Planning Commissioners, he had determined that they had not ignored the applicant's suggestions. Those who had voted against it did so because they refused to accept them. Cm Staley said that the business intrudes into a solidly established residential neighborhood which previously did not have any commercial businesses in it. He felt business use should be confined to First Street instead of being allowed to intrude on the Second St. residen- tial neighborhood. Mayor Kamena supported Cm Staley's position. Mr. Skobielew, manager of ABC Sales and Service, stated that the application for variance was submitted within the time allowed, with the help of Mr. Curtis, Zoning Administrator, at the time. He did not feel the law had been violated since nothing had been done with- out the Planning Commission's knowledge. He added that technically he was a lawn and garden dealer and did not stock any equipment which was not in the lawn and garden class. He added that his re- quest was for safety reasons because of the heavy flow of traffic on First Street. The driveway on Second St. would eliminate any traffic hazards. THE AMENDING MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. The motion to deny was separated into two parts, denial of variance, and denial of the CUP. MOTION TO DENY THE VARIANCE WAS VOTED ON AND PASSED UNANHlOUSLY. MOTION TO DENY THE CUP ~'lAS VOTED ON AND PASSED UNANIMOUSLY. Mayor Kamena noted that the section of the motion relating to abate- ment of a non-conforming use was inherent in the variance denial. Mr Reiners said he would consider that as direction to begin the administrative abatement proceedings in addition to preparing the two resolutions reflecting this Council action, the resolutions to be ~laced on the Consent Calendar of the next regular meeting. RECESS Mayor Kamena called for a brief recess after which the meeting re- sumed with all members of the Council present. FINAL TRACT MAP 4099 SPAETH & MERCURIO Final Tract Map 4099 was submitted for Council approval. Staff rec- commended authorizing execution of the Development Agreement, accep- ting surety for the public works improvements, and approval of the Tract Map for final recording. CM-36-92 April 9, 1979 (Re Final Tract Map 4099) cr1 DAHLBACKA MOVED TO APPROVE THE STAFF'S RECOMMENDATION AND ADOPT A RESOLUTION APPROVING FINAL TRACT MAP 4099, SECONDED BY CM EBERT. Cm Turner stated he had received calls from neighbors in the area con- cerned about a possible conflict of interest since one of the appli- cants is a City employee. He said he was assured by the City Attorney that no conflict of interest existed. THE HOT ION ì\TAS VOTED ON AND PASSED UNANH10USLY. RESOLUTION NO. 8l-79 RESOLUTION ACCEPTING DEVELOPMENT AGREEMENT AND BONDS FOR IHPROVEMENTS TO TR~CT 4099 AND APPROVING ~~P In reply to a question by Hary Spaeth, Mayor Kamena stated that the low income housing requirements would be discussed later tonight, but added there may be several ways to satisfy that requirement, one unit could be in the low or moderate housing cost structure, an in-lieu fee can be paid, or it could be exempt. The development was included in the 1978 allocations, it was determined. A brief discussion followed regarding the low/moderate income housing policy and its application to this development. HORIZONS CONTRACT AMEND- MENT, ALAMEDA COUNTY Council considered an amendment of the Horizons contract with Alameda County, the discussion being continued from the meeting of ~1arch 26. A report from Capt. Essex, Police Department urged approval of the con- tract amendment. Cm Ebert expressed some concern with questions of financial impact, funding, and controls. Mr. Horner indicated there would be no direct cost in amending the con- tract to provide the additional service that Alameda County has re- quested the City to provide. It requires the addition of a fourth cat- egory of youth, incustody status offenders, to the counseling service. Cm Staley was concerned with the shift in philosophy of the Horizons Program. Mr. Horner replied that it was only a partial shift in philos- ophy in the sense that the County is asking for community-based organ- izations such as Horizons to pick up some of the activities that the County previously was engaged in. Mayor Kamena added that the diversionary aspect of the program was also being de-emphasized in favor of in-custody counseling. Mr. Horner noted that Council would have the opportunity to reevaluate the entire Horizons program in two months when the contract comes up for renewal. Capt. Essex, Livermore Police Dept., stated that the contribution by the County to the Horizons Program amounts to $56,250. That amount will not change if the contract amendment is approved, he added. The City's budgeted portion this year, is $l6,000. He noted that this is a county-wide move to try to keep the youth problems as localized as possible so that Livermore can deal with Livermore youth instead of having them send to the San Leandro Center. CM TURNER MOVED TO SUPPORT THE RECOMMENDATION OF THE CITY MANAGER AND ADOPT A RESOLUTION APPROVING THE CONTRACT AMENDMENT, SECONDED BY CH EBERT. CM-36-93 April 9, 1979 (Re Horizons Contract Amendment) Kay Parra, 819 Brennan Way, thought that most of the kids who go through the Horizons program are repeaters and felt Horizons should be discontinued. Cm Dahlbacka commented that he had heard ample testimony to the assis- tance the program has given many residents of the community. He felt if there was a significant shift in direction, it could be discussed at the normal budget hearing time. Milt Wooley, supervising counselor for Horizons Outreach Project, pointed out that the program's recidivism rate is l5%, that figure being based on the people who have come through the program who have been police-referred. He added that the in-custody has to do with status offenders, not legal offenders. Cm Ebert said he would like to see the 15% recidivism rate compared with communities which do not have a similar program. Mr. Wooley stated that the figure would be about 50%. Cm Turner commented that he had received a number of calls from parents who had successfully used the Horizons Program for their children and were indebted to it. Mayor Kamena said that while he believes very much in the original philosophy of the Horizons program, he felt this was a distinct change in direction, which he opposed. THE MOTION WAS VOTED ON AND PASSED 4-1, MAYOR KAMENA DISSENTING. RESOLUTION NO. 82-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH ALAMEDA COUNTY TO PROVIDE FOR HANDLING IN- CUSTODY YOUTH. CONT. DISC. - LOW & J\10DERATE HOUSING POLICY Discussion continued on the city's low/moderate housing policy. The Council considered the Housing Coordination Committee's rec- ommendations, city staff comments on the recommendations, and correspondence from the building industry on the subject. Lynda Alvarez, Housing Coordination Committee member, noted that working with the General Plan, the Committee intends further de- velop methods such as incentives to enable low income housing to be constructed in such a way that the policy is clear and reason- able. She added that although the Committee is reluctant to sug- gest a General Plan amendment, if it is found to be necessary, the committee would like input and will be available to work with the Council and staff on such an amendment. She added that this is a short-term matter, effective only until the implementation of the Residential Development Plan. Cm Turner asked if a developer elects to build a portion of a devel- opment in low income housing, can the City dictate who can purchase that property. Mr. Reiners indicated that this detail would have to be worked out in the comprehensive program, but the City can require that deed restrictions be placed on housing units that restrict their sale or transfer only to qualified tenants, based on the the assumption that the City had adopted some standard of qualification. CM-36-94 April 9, 1979 (Re Low/Hoderate Housing Policy) The mechanics, drawbacks and advantages of deed restrictions were dis- cussed in detail by the Council and staff, including the Irvine and Palo Alto programs. Administrative costs were a concern, as were im- plementation and controls. Cm Dahlbacka felt that the first thing to be decided was whether a General Plan amendment was in order.and commented that the General Plan Goal was written to allow for the minimum needs of the community as a whole. The implementation of that goal has occurred through pol- ey such as the Residential Development Plan and the sewer allocation policy. He felt the sewer allocation policy was the most powerful incentive that the Council has without excessively getting in to the free market system of directing the type of development that will oc- cur. He added that the real power is in the policies and didn't feel a General Plan amendment was necessary, but a discussion of the imple- mentation of the General Plan was necessary. Cm Turner suggested taking one Monday evening to devote discussion entirely to this item. It could be on an alternate Monday night when there is no Council meeting. Cm Ebert agreed with Cm Dahlbacka's position and added that he believed the marketplace should answer the needs of the community on this issue. He thought this was presently occurring in the city, and did not feel an in-lieu fee or additional incentives were necessary. Cm Dahlbacka commented that he and Cm Ebert agreed that the Council's most powerful tool, which could be used with minimum interference, is the sewer allocation pOlicy. Mr. Reiners noted that as a minimum, for staff guidance, the low and moderate wording has to be clarified to give. staff clear guidance as to what relative proportion of low and moderate will fulfill the re- quirement. That requirement can be made on a year to year basis, Cm Dahlbacka added. A general discussion followed regarding the language of the General Plan low and moderate requirement and the wording of a possible formal Council policy implementing it. Mayor Kamena supported continuing with a low and moderate prOV1S10n, with at least a fifty/fifty split, even if it would require a General Plan amendment. He felt Council should permit the objective to be met on a yearly quota basis instead of a project-by-project approach, and that density bonuses should be allowed. He recommended referring the matter to the Housing Coordination Committee, the Planning Commission and the Housing Authority for study of a possible inclusionary zoning ordinance, incentives other than density bonuses, and administrative mechanics. He maintained that at 5% the total number of units per year is only 18 for the whole city, which he felt the city had an obli- gation to require because of community need. Most, if not all, of the construction of the units could probably be done by the private sector without subsidy, he commented. He was in favor of a study session. Cm Staley said he agreed substantially with Mayor Kamena. lIe added that at the time the General Plan was written, the city had had no growth for a number of years and concern was felt for future growth including only higher-priced housing. After studying the issue, he came to the conclusion that the only way the city will ever meet the low income provisions of the General Plan is through rental units, probably apartment buildings and possibly only the government-subsi- dized type. Moderate housing seems to be much less of a problem, he commented, than anyone had anticipated. He felt that the sewer allo- cation plan is a very good tool to meet the needs of the low and moder- ate income housing, if the ~rketplace doesn't do it voluntarily. cr·1-36-9 5 April 9, 1979 (Re Low/Moderate Housing Policy) A representative of Northwood Homes stated that developers can only compete successfully when they're each treated the same and the same requirements are made of all. Cm Turner commended the Housing Committee on their report. He expres- sed his concern with the low income portion, saying that he didn't feel a low income person, as outlined in the report, could afford to buy a $40,000 home, without some kind of subsidy. Ed Schilling, Assistant to the City 11aager, noted that one of the dif- ficulties encountered, by the Housing Coordination Committee, in deal- ing with this matter, has been getting clear direction from Council. He suggested a joint meeting in the near future to clarify issues. Mr. Reiners indicated that within a couple of weeks, people who have conditions imposed on their final maps, will be coming in for build- ing permits and the Chief Building Inspector will need a legal opinion from the City Attorney as to what the requirement is. He noted that if, at that point, we don't have a policy, those people will have to be permitted to build. Council direction was needed to determine what uniform policy should be administered until the new one is adopted. CM EBERT MOVED THAT COUNCIL DIRECTION BE THAT COUNCIL WOULD PREFER MODERATE INCOME UNITS AT 120% OF MEDIAN INCOME BUT WOULD ALLOW AS AN ALTERNATIVE A $50 IN-LIEU FEE, SECONDED BY CM STALEY. I1r. Reiners asked if Council was accepting as policy, a zoning density bonus for duplexes. He commented that staff would have to draft an addition to the zoning ordinance to provide for that. He indicated the conditions placed upon a tentative and final maps, which are em- bodied in the approval, require them to comply with the policy in effect at the time they take out the building permit. It's been his interpretation that the ad hoc decisions of the Council in the past to accept duplexes and give three units over the permissible density or accept an in-lieu fee, did not amount to an actual policy. r~YOR KA}1ENA MOVED TO TABLE THE MATTER, INCLUDING THE MOTION ON THE FLOOR, UNTIL APRIL 30, 1979, í1HEN ACTION WOULD BE TAKEN ON THE ITEM, SECONDED BY CM TURNER. THE MOTION WAS VOTED ON THE PASSED 4-1, CM EBERT DISSENTING. REPORT RE FIRST ST./ SOUTH "L" STOP LIGHT The Public Works Dept. submitted a report regarding the addition of a left turn phase to the First St./South "L" St. stop light, an attempt to alleviate the high accident rate at this particular inter- section. The report recommended that Council approve the intersec- tion improvement plan and the expenditure of the necessary funds. Cm Turner stated that he would not approve any plan that would take away more parking from the the downtown merchants. He supported the increased mast head to make the signal more visible. CM EBERT MOVED TO ADOPT THE STAFF RECOMMENDATION, SECONDED BY CM DAHLBACKA. Dale Mueller, owner of the Palace Beauty Shop located at 2032 First Street, said he has no parking in the back of his establishment and objected to the proposed no-parking recommendation which would in- clude the street parking in front of his place of business, and which he felt would have an adverse effect. He added that when the building in back is completed, the garbage company will no longer be able to pick up his garbage and he will have to ask Council's approval of hampers in the street in front for garbage pickup. CM-36-96 April 9, 1979 (Re Stop Light, 1st & L) Cm Dahlbacka suggested that possibly the intersection could be rede- signed after the First St. overpass is completed. He added that park- ing would be increased when Lucky's comes to the downtown area, and felt that allmving parking on First St. would increase the danger of accidents at the "L" and First St. intersection. Cm Turner said he could appreciate the safety factor but felt there should be some concern for the merchants on First St., since he felt that parking was essential to a successful business. He added that no one had proved to his satisfaction that left turn lanes would decrease the accident rate at the intersection. Enough parking spaces had been taken from the merchants, already, he felt and if more were to be taken, something should be done to replace them somewhere in the area. Hayor Kamena commented, that after talking to the Police Officer who regularly patrols that intersection, he was of the opinion that the sig- nal itself should be made more visible since many motorists failed to see the signal at all. He was in favor of making the signal more vis- ible and then studying the accident record to see if the rate decreased. CM EBERT WITHDREW HIS MOTION. CM STALEY MOVED TO AUTHORIZE THE STAFF TO ACCEPT THE MONEY FROM THE STATE TO REDESIGN THE INTERSECTION ON THE CONDITION THAT NO PARKING SPACES BE LOST IN THE REDESIGN. Dan Lee, Director of Public Works, did not feel that the intersection could be adequately redesigned without eliminating parking on the approaches to the intersection. The proposed improvements consist of improved signalization with the signals placed over the traffic lanes and the addition of left turn lanes, he explained. Cm Staley suggested redesigning the existing lanes without eliminating the First St. parking, or eliminating left turns altogether. Bill Briggs, owner of Bill's Bakery located at 2020 First St., noted that there were only four parking spaces for the four business located on the north side of First St. on the approach to the intersection with no access to the back of the businesses. tir. Lee indicated that there was not the capacity at the intersection to move all the traffic through with one through-lane in each direction, since there are roughly l7,000 cars per day on First St. He felt that one of the reasons for the high accident rate was that at present the two middle lanes are being used by cars waiting to make a left turn, holding up traffic behind them, which results in only one effective lane going in each direction for through traffic. He did not feel it would be advisable to increase the signalization without the addition of the left turn lanes because of the cost factors involved. He also did not feel that making First and Second Sts. one-way would be advis- able in the near future. Cm Staley mentioned that he could not support any motion that would take away more street parking. Mr. Lee pointed out that eliminating left turns at the intersection would only force vehicles to turn at other intersections which are less able to handle the additional traffic. CM STALEY'S MOTION DIED FOR LACK OF SECOND. ON MOTION OF CM TURNER, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE THE MATTER HAS CONTINUED FOR STAFF REVIEí'J. CM-36-97 April 9, 1979 ADMINISTRATION BLDG. PHONE SERVICE REPORT Mayor Kamena relinquished the gavel at this point to Vice-Mayor Staley who proceeded to chair the meeting. A report was submitted by the City Manager regarding phone service acquisition for the Administration Building. The city has solic- ited bids for the provision of service, the low bidder being Uni- versal Communications Systems (UCS). The report recommended that Council accept UCS as the low bidder and authorize the City Manager to sign the sales agreement with them contingent on finding accept- able financing. ON MOTION OF CM EBERT, SECONDED BY CM DAHLBACKA, AND BY A VOTE OF 4-0, ~1AYOR KAl1ENA ABSTAINING, THE CITY MANAGER'S RECOMr1ENDATION WAS ADOPTED. REPORT RE CLAnm ADMINISTRATION CONTRACT The City of Livermore has established a Self-Insured Retention pro- gram for general liability insurance. The City Attorney has reviewed a proposal from George Hills Insurance Adjusters and joins with the Finance Department in recommending approval of the proposed agreement and adoption of a resolution authorizing the contract. ON MOTION OF CM EBERT, SECONDED BY CM DAHLBACKA, AND BY A VOTE OF 4-0, MAYOR KAMENA ABSTAINING, THE STAFF RECOW1ENDATION WAS ADOPTED. RESOLUTION NO. 83-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR LIABILITY CLAIMS ADJUSTING AND ADMINISTRATIVE SERVICES (George Hills Company, Inc.) RE SITE PLAN APPROVAL ?E. BEAN, DEVELOPER This development, located at 5605 South Front Rd. was granted a site plan approval for the consturction of a modular home manufacturing facility. The developer, H. E. Bean, has completed the final plans in accordance with the conditions of the site plan approval and the development bonds and insurance certificates are on file. Staff recommends authorizing execution of the development agreement and accepting surety for the public works improvements. ON MOTION OF CM EBERT, SECONDED BY CM DAHLBACKA, AND BY A VOTE OF 4-0, MAYOR KAMENA ABSTAINING, THE STAFF RECOMMENDATION WAS ADOPTED. RESOLUTION NO. 84-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Development 78-13 E. H. BEAN, INC.) D . P . 'V]. REPORT RE FAU PROJECT, EAST AVE. IMPROVEMENTS A report was submitted by the Dept. of Public Works regarding pro- gram supplement for federal funding of East Avenue resurfacing and storm drain improvements. The staff recommendation was to adopt a resolution authorizing the execution of the program supplement and authorize staff to call for bids on the project. ON MOTION OF CM EBERT, SECONDED BY CM DAHLBACYill, AND BY A VOTE OF 4-0, r1AYOR KAMENA ABSTAINING, THE STAFF RECOr~ENDATION WAS ADOPTED. C~1-36-98 April 9, 1979 (Re East Ave. Project) RESOLUTION NO. 85-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (STATE OF CALIFORNIA; DEPARTH.ENT OF TRANSPORTATION) D.P.W. REPORT RE FAU PRO- JECT, MURRIETA/OLIVINA AVE. A report was submitted regarding program supplement for federal funding of Murrieta Blvd. and Olivina Ave. traffic signal and widening project right-of-way purchase. This will allow the City to receive additional state matching funds on this portion of the project. Staff recommended that Council pass a resolution authorizing the execution of the program supplement. ON MOTION OF CM EBERT, SECONDED BY CM DAHLBACKA, AND BY A VOTE OF 4-0, ~ßYOR KAMENA ABSTAINING, THE STAFF RECOMMENDATION WAS ADOPTED. RESOLUTION NO. 86-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT PROGRAM SUPPLEMENT NO.8, Agreement No. 04-5053 (State Department of Transportation) REPORT RE PURCHASE OF POLICE PATROL VEHICLES The City Manager submitted a report requesting authorization to pur- chase five police patrol vehicles for the 1979-80 fiscal year. He recommended that Council adopt a resolution authorizing participation in the State's Cooperative Contract program for the purchase of four vehicles, the fifth vehicle to be purchased locally as an experimental model to be tested against those purchased through the State's program. Cm Turner commented that those vehicles which had 40,000 miles on them should be driven for at least another year, and those with 80,000 miles Could also possibiy be driven another year since resale value on them is 1m..,. Mr. Horner noted that usually maintenance and repair costs occur at around 60,000 miles. He added that he felt the City had received a fairly good price on the five full-sized vehicles which it proposes to purchase. ON MOTION OF CM EBERT, SECONDED BY CM DAHLBACKA, AND BY A VOTE OF 4-0, CM KAHENA ABSTAINING, THE CITY f..ßNAGER' S RECOMHE~mATIO'N TÑAS ADOPTED. RESOLUTION NO. 87-79 A RESOLUTION AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE POLICE VEHICLES ON BEHALF OF THE CITY OF LIVEID-1ORE. HEARING RE OFF-STREET PARKING REGULATIONS The Planning Commission on ~1arch 20, 1979, considered and recommended amendment of the Zoning Ordinance as it pertains to off-street parking regulations for restaurants: tennis/racquetball clubs; manufacturing/ industrial uses; condominium/townhouses; and swimming clubs. ON MOTION OF CM EBERT, SECONDED BY CM DAHLBACKA, AND BY A VOTE OF 4-0, ~mYOR KAMENA ABSTAINING, A PUBLIC HEARING REGARDING THE ZONING ORDINANCE AMENDMENT WAS SET FOR APRIL 23, 1979. CM 36-99 April 9, 1979 At this point Mayor Kamena resumed the chair. RE DISCUSSION OF COUNCIL AGENDA ORDER Cm Dahlbacka suggested the possibility of having a New Business cate- gory under the Consent Calendar. It was the consensus of the Council to continue this item to the next regular meeting. DISCUSSION OF APPOINTMENTS ON MOTION OF CM EBERT, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THIS ITEM WAS CONTINUED TO THE MEETING OF MARCH 23, 1979 sur~RIES OF ACTION A summary of action, dated March 27, of the Zoning Administrator, and a summary of Planning Commission action of April 3, 1979 were noted. PLANNING COMMISSION MEETING MINUTES 3/20/79 The minutes of the Planning Commission meeting of March 20, 1979, were noted. CONSENT CALENDAR Reso. re Co. Housing Authority Appointment The Council adopted a resolution appointing Linda Chapman to the Alameda County Housing Authority. RESOLUTION NO. 88-79 A RESOLUTION FOR APPOINTMENT TO THE ALAMEDA COUNTY HOUSING AUTHORITY (Linda Chapman) Reso. re Multi-service Center Leases The Council adopted a resolution authorizing the City Manager to sign Multi Service Center leases. RESOLUTION NO. 89-79 A RESOLUTION AUTHORIZING EXECUTION OF LEASES AND AMENDMENTS BY CITY MANAGER FOR MULTI-SERVICE CENTER Request for Street Closure The Council granted permission for street closure (Fourth Street and So. ~K'I Street area) and the installation of a banner for the Annual Children's Fair to be held April 28, permission subject to all con- ditions listed. Reso. re Salary Resolution Council adopted a resolution amending the salary resolution to re- flect three classifications, inadvertently left out of the last reso- lution, Water Reclamation plan Mechanic I and II, and Records r~anage- ment Clerk. CM-36-l00 April 9, 1979 (Re Salarv Reso.) RESOLUTION NO. 90-79 A RESOLUTION OF THE CITY OF LIVI:;RHORE At,lENDING RESOLUTION NO. 72-79, FOR TEE CLASSIFIED AND UNCLASSIFIED EHPLOYEES OF TIm CITY OF LIVEID10RE, ESTABLISHING RULES FOR ITS USE. Leave of Absence - Graydon Bannert The Council approved a leave of absence for Fire Captain Graydon Bannert effective April 10, 1979, which will extend until a determination is made by the City of Livermore concerning his worker compensation status or for six months, whichever is sooner. RE TRACT 4005, SUNSET DEVELOPMENT COMPANY A report was received from the Public Works Department regarding Tract IJo. 4005, Sunset Development Co., Cordoba and niagara, recommending final acceptance. The developer, in accordance with the approved plans, has completed the street improvements and filed all required easements and deeds. Since the developer has fulfilled all the obligations of the Subdivision Agreement, the Council approved the final acceptance of the Tract. RESOLUTION NO. 91-79 A RESOLUTION AUTEORIZING FINAL ACCEPTANCE OF TRACT 4005. Reso. re 1979 Sign Upgrading Project Work has been completed on the 1979 Sign Upgrading Project to City standards. Staff recommendation was that Council adopt a resolution accepting the project for maintenance. RESOLUTION NO. 92-79 A RESOLUTION AUTHORIZING ACCEPTANCE OF WORK AND AUTHORIZING AND DIRECTING THE RECORDING OF NOTICE OF COMPLETION RE 1979 Sign Upgrading Project Resos. Reflecting Previous Action The Council adopted four resolutions reflecting action taken at the last Council meeting: l) General Plan Amendment 1979-1 2) Approve PUD/CUP - Livermore Airport Investors Group 3) Lot line adjustment - 1909 College Ave. 4) Approve Tentative Hap No. 4230 - Tinney/Vane RESOLUTION NO. 93-79 A RESOLUTION AMENDING THE LIVER~ORE GENERAL PLAN (First Amendment - 1979) RESOLUTION NO. 94-79 A RESOLUTION APPROVING PLANNED UNIT DEVELOPMENT/CONDITIONAL USE PERMIT (Livermore Airport Investors Group) CM-36-l0l April 9, 1979 (Re Resos. Reflecting Previous Action) RESOLUTION NO. 95-79 A RESOLUTION AUTHORIZING LOT LINE ADJUSTMENT (l909 College Avenue) RESOLUTION NO. 96-79 A RESOLUTION APPROVING TENTATIVE SUBDIVISION MAP NO. 4230 (Jack Tinney and Pat Vane) Payroll and Claims There were II claims in the amount of $161,134.47, 294 payroll war- rants in the amount of $ll3,930.49, less a Certificate of Deposit in the amount of $113,000.00 for a total of $388,064.96, dated March 21, 1979 and approved by the City Manager. CONSENT CALENDAR APPROVAL ON MOTION OF CM EBERT, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. INTRO. OF ORD. RE SALARY OF ELECTED MAYOR Council considered a Municipal Code amendment regarding salary for an elected Mayor (1980). Carol Myers, 322 Anna Maria, asked Council not to reduce service to the voter unless the Council is willing to make sacrifices themselves. She felt that in the spirit of Proposition l3, a 50% decrease in Councilmembers' and the Mayor's salaries would be more appropriate than the increase Council is presently considering. Cm Turner stated that he did not support the proposed ordinance. Cm Ebert felt the Council should not be asked to serve without pay or for a small amount as compared to what other legislators or a com- parable corporate Board of Directors would receive. CM EBERT MOVED TO INTRODUCE .2\.1\1D READ BY TITLE ONLY THE ORDINANCE RF.- CARDING A MUNICIPAL CODE AMENDMENT TO REFLECT SALARY SE~ FOR ELECTED I--1AYOR (1980), SECONDED BY CH STALEY. Cm Dahlbacka pointed out the citizens of Livermore want an elected ~ayor and he felt that the mayor's position involved additional duties, time responsibilities and additional expenses for which the modest in- crease of $100 that is suggested in this ordinance is justified. Cm Staley felt that most Livermore residents would feel the salary proposed to be appropriate. He objected to Ms. Myers remarks. Cm Turner stated that he would vote in favor of the introduction of the ordinance because of time constraints, but was not in favor of its adoption. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. MATTERS INITIATED BY STAFF & COUNCIL (Executive Session) Mr. Reiners requested an executive session for litigation discussion. CM-36-l02 April 9, 1979 (Re Castlewood Package Treatment Plant) Cm Dahlbacka asked the Council send a letter to Alameda County oppos- ing the package treatment plant that Castlewood in considering since the Dublin San Ramon Services District is more than willing to service that area. It was the consensus of Council to instruct the staff to send a latter regarding the matter to the County. (School Board Subcommittee) Cm Dahlbacka also requested that a meeting date be set for the School Board Suhco~mittee. (CC/LARPD Committee) Cm Turner reported that the City Council/LARPD committee has agreed to meet quarterly. (Re Peo?les' Church Driveway Appeal) Cm Ebert appealed the driveway ~viòth recently granted to the Peoples' Church by the Planning Commission. This matter will return to Council for discussion at the next meeting. (Re No. Livermore and Chestnut Intersection) Cm Ebert pointed out that parking is allowed up to the corner on the northwest corner of the intersection of No. Livermore Ave. and Chest- nut St. He felt this was a dangerous situation because of the amount of' traffic and the rate of speed of traffic on No. Livermore Ave. (Re Tractors on 2nd St.) The Council and the City Attorney discussed abatement procedures rela- tive to the tractors parked on Second St. by ABC Sales and Service. (Re East Clear Zone) A letter from the Industrial Advisory Committee regarding the main- tenance of an East Clear Zone at the Airport was discussed by Council and staff. It will be discussed further when the appraisal for the East Clear Zone comes before Council. ADJOURNHENT There being no further business before the Council the meeting was adjourned at 12:30 to an executive session for the discussion of liti- gation, that session to be adjourned to an executive session to be held at 7:30, April 23, in the City Hanager's Office for the purpose of dis- cussion of personnel matters. APPROVE /)}/~'/}fi-e 1'-(,--- ~1ayor ATTEST ~,L Clerk California CM-36-l03 Regular Meeting of April 23, 1979 A regular meeting of the Livermore City Council was held on Monday, April 23, 1979, in the Municipal Court Chambers, 39 South Livermore Ave. The meeting was called to order by Mayor Kamena at 8:00 p.m. ROLL CALL Present: Cm Dahlbacka, Ebert, Staley, Turner and Mayor Kamena Absent: None PLEDGE OF ALLEGIANCE Mayor Kamena led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. SPECIAL EVENTS Captain Nichols of the Livermore Police Department invited Council- members, City Staff and members of the community to the 4th Annual Protection Bowl, a benefit football game between members of the pro- tective services in the community, the LLL and Livermore Fire Depts., the LLL Protective Services Dept. and the Livermore Police Dept. The game will be played Friday, April 27, at 7:30 at Livermore High School and the proceeds will be divided equally between the athletic departments of Livermore High School and Granada High School to help defray some of the costs for th~ students who plan to participate in the athletic programs next year. MINUTES APPROVAL - MEETINGS OF 4/9/79 The minutes of the regular meeting of April 9, 1979, and the special meeting of April 9, 1979, were submitted for Council approval. The following correction was made: p. 91, 3rd line of main motion should read "question on the basis of a non-conforming use". ON MOTION OF CM TURNER, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, THE MINUTES WERE APPROVED AS CORRECTED. OPEN FORUM Kay Parra, 819 Brennan, representing Low Income People Services, objected to a notice to move given to a couple living in Leahy Square. The reason given the couple was the husband's arrest in December of 1975. Mayor Kamena said he would take Mrs. Parra's concern to the Housing Authority Board, outline the problem and ask them to respond to it. John Stein, 1334 Kathy Ct., asked if any further action had been taken regarding developers' fees for sewer connections. Lee Horner, City Manager, stated that the item was referred to staff for additional information and has not been placed back on the agenda as yet. PUBLIC HEARING RE WEED ABATEMENT A hearing was held to hear any protests regarding notices, posted after March 13, to abate weeds. The Council has passed a resolution of intention to conduct the weed abatement program, notices have been sent and properties posted. If the abatement has not been com- pleted and work will be done and the owner billed. The staff recom- mended that Council adopt a resolution overruling any protests and direct the work to be done where necessary. CM-36-104 April 23, 1979 (Re P.H., Weed Abatement) Cm Turner pointed out that staff had recommended that one protest be honored. The parcels in question, 97-36- 8. 6 and 4, have been seeded in wildflowers and plans are in progress for a building on the property. Mayor Kamena asked for public testimony from the audience. There was none. CM TURNER MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY CM EBERT. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. CM EBERT MOVED TO ADOPT THE STAFF RECOMMENDATION TO OVERRULE ANY PROTESTS, WITH THE EXCEPTION OF THE ABOVE MENTIONED PARCELS, AND DIRECT THE WORK TO BE DONE WHERE NECESSARY, SECONDED BY CM TURNER. THE MOTION PASSED UNANIMOUSLY. RESOLUTION NO. 97-79 A RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC NUISANCE AND DIRECTING THE SUPERINTENDENT OF STREETS TO CAUSE SAID PUBLIC NUISANCE TO BE ABATED. CONT. PUBLIC HEARING RE UNDERGROUND DISTRICTS This matter was continued from the meeting of March 26 for further information as to costs involved. The proposed establishment of underground districts is as follows: First Street - from the east side of So. Livermore Avenue east to the extension of First Street (relocated). So. Livermore Avenue - from the south side of Fourth Street, south to just beyond the Civic Center site. Keith Fraser, representing the involved homeowners on South Liver- more Avenue, stated that the area involved is an older part of the city, most of the people living in the area are over 50 years of age, and most are retired. The homeowners are asking that they not be asked to pay for the establishment of the underground district in their area. He added that the letter sent to them by city staff assumed that these people could dig their own trenches. Mr. Fraser doubted that there were more than lO people in the group who are physically capable of this and would be forced to hire someone to do it for them, at a substantial cost to the homeowner. He com- mented that most of the homes on the street are old and probably do not have the standard or up-to-date code electrical systems which again will add substantially to the cost to the homeowner. He felt the costs per property-owner could range from $500 to $3000 for what is essentially a beautification project. He pointed out that if a problem develops in an underground system, it is necessary to dig up the original trench and pull new wires, a costly and inconveni- ent process. He reiterated that his clients do not request that the city eliminate this project from their plans, but that the homeowners not be forced to accept the cost burden. In answer to a question by Cm Turner, one of the homeowners esti- mated that the age of the average home in the area was about 60 years. Robert Livermore, 843 So. Livermore Ave., stated that he had built his home in 1926, was presently retired and did not see why the area residents were being asked to payout such a large sum of money. CM-36-l05 April 23, 1979 (Re P.H., Underground Districts) ON MOTION OF CM STALEY, SECONDED BY CM TURNER, AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. CM STALEY MOVED TO APPROVE THE FIRST UNDERGROUND DISTRICT (FIRST STREET - FROM THE EAST SIDE OF SO. LIVERMORE AVENUE EAST TO THE EXTENSION OF FIRST STREET, RELOCATED), SINCE THERE WERE NO PROTESTS FOR THAT AREA, SECONDED BY CM DAHLBACKA. Dan Lee, Director of Public Works, noted that the area includes First Street from Livermore Ave. to Maple St., and is a continuation of undergrounding which has already occurred in the downtown area. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. (Cm Staley's comments are inaudible on tape) Mr. Lee stated that at times houses will obtain their service from a side street and even if it is undergrounded in front of the house they don't have to change their service. He added in the past under- ground districts have been established in which it was some period of time before the poles were removed. If the poles were not removed it would defeat the purpose of the underground district, he added. In reply to an inquiry by Mayor Kamena, Mr. Lee stated that the city does plan to reconstruct portions of Livermore Avenue at the same time the undergrounding is done. Cm Dahlbacka asked about the possibility of no-interest loans. Gary Reiners, City Attorney, indicated that lending money, particu- larly at low or no interest, has been a very bad problem in Califor- nia and the question has not as yet been resolved for General Law cities. The present weight of opinion is that General Law cities can't loan money since it is not an expressly authorized purpose or necessarily incidental to any of the expressly authorized powers of the General Law cities. He said possibily the city could make an outright grant of the money involved, for beautification purposes, more easily than loaning city money at no or low interest. Mr. Horner commented that there is also the possibility that, be- cause of the older nature of the neighborhood, some HCDA money could be used for the project, if it could come under a neighborhood re- habilitation program. Ed Schilling, Assistant to the City Manager, commented that he did not think the city could initiate another project for this year's already-granted HCDA funds. It might be included in the next round of funding, he suggested. Cm Turner felt that this was not the right time to complete the undergrounding project in this particular area. Cm Dahlbacka said he would consider this a very large expenditure but the city has the means and potential ability to repay any loan funds which might be made to cover this matter. He said he was certainly willing to consider making whatever grants or loans necessary to accomplish the project and then seek reimbursement. He felt this area was rather unique in Livermore and the situation would probably not be encountered again. He felt the project should continue on schedule. Cm Staley felt there was a distinction between the two districts. He felt it was imperative to approve the district adjacent to the Civic Center Park because if the utilities are not undergrounded there and the street reconstructed at the present time, it will CM-36-l06 April 23, 1979 (Re P.H., Underground Districts) have to be done later at double the cost to the city of Livermore. Cm Ebert suggested that since the undergrounding for the six or so homes across from the Civic Center is being necessitated by the City's desires regarding the Civic Center site, that the City pick up the tab to run the services to those homes. Mayor Kamena agreed in concept but pointed out that there are no residences in that portion that are in the city limits. Jack Wilson, 847 So. Livermore Ave., stated that, going south on South Livermore Ave., the city limit ends at 845 So. Livermore. From there on out, the east side is in the city and the west side is in the county. He added that his sidewalk is in the county and his home in the city. CM EBERT MOVED, THAT IN THE AREA FIOM CARMEN ST. SOUTH, ANY PRIVATE DWELLING WHICH MUST GO UNDERGROUND BECAUSE OF THE CITY'S DESIRE TO GO UNDERGROUND, THAT UNDERGROUND SERVICE WILL BE PAID FOR BY THE CITY, WHETHER THEY BE IN THE CITY OR THE COUNTY, SECONDED BY CM DAHLBACKA. CM STALEY MADE AN AMENDING MOTION TO APPROVE BOTH SOUTH LIVERMORE AVENUE DISTRICTS PROVIDED THAT THE CITY WILL BEAR THE BASIC COST OF SERVICE NOT PROVIDED BY P.G.&E., FOR ANY OWNER-OCCUPIED DWELLING, SECONDED BY CM DAHLBACKA. Mr. Reiners stated that a condition should be added to the motions that otherwise would be implicit, i.e. "subject to the City's author- ity". He added that part of the area in question is in the County and would be a joint County-City project and the city would have to clear it with the County. Both On Ebert and Cm Staley agreed to incorporate Mr. Reiner's sug- gestion into their motions. Cm Dahlbacka stated that he was going to vote for the amendment and the motion. He added that this is a purely residential area and due to public hearing testimony there is ample evidence that there would be an undue financial hardship on this particular area if the pro- ject was not assisted by the city in some way. He felt those two findings were important and asked that they be made a permanent part of the record. He asked also that a policy be drawn up to cover future undergrounding in residential areas. Mr. Horner noted that this situation will seldom occur because under PUC regulations, undergrounding monies are normally not received for residential districts. Cm Ebert noted that he would vote against the amendment because he wanted the two areas discussed and voted on separately. In reply to a question by Mr. Fraser, Cm Staley indicated that the reason he had added the owner-occupied qualification was because he was impressed by the people who have testified at this public hear- ing, was that they own the houses in the area involved, have lived in them for a long period of time and that it is a significant hardship on them to be forced to pay these costs. He added that the distinc- tion between owneroccupied and nonowneroccupied as the difference be- tween a home and an investment. Mr. Fraser noted that the owner of the apartment house on Palm Ave. has eight units, seven of which are occupied by Senior Citizens. He added that the owner has stated that if the costs are large, he will be forced to increase the rents. Cm-36-107 April 23, 1979 (Re P.H., Underground District) Cm Staley indicated that he had no objection to separating the two areas for individual discussion and action, and withdrew his amending motion. In reply to a question by Cm Turner, Mr. Reiners commented that making distinctions within the area might have the practical effect of pro- ducing a greater risk of litigation. Cm Staley suggested that the staff be asked to work on this for another two weeks and come back to Council with a report on what way, if possi- ble, these districts can be instituted, and at the same time satisfy the very legitimate concerns expressed tonight. Mayor Kamena stated that he would like to see a substitute motion which would speak to the issue of establishing the underground dis- trict, holding any costs until they can be negotiated to the satis- faction of all those concerned with a report similar to that requested by Cm Staley. Cm Staley pointed out that part of the area south of Carmen Avenue is in the County and that the motion on the floor would authorize the ex- penditure of city funds for houses that are in the County. He said he understood the homeowners' situations but was unsure about spending city funds in the county. ~D( em Kamena noted that the Council has sympathy for the concerns of the homeowners and would like very much to cooperate with regard to bearing the cost of the undergrounding, but because of the complexity of the situation, he recommended continuing the matter to allow city staff to review the item. ON MOTION OF CM EBERT, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE MOTION ON THE FLOOR WAS TABLED. Mayor Kamena requested that Mr. Fraser be notified as to when the item will appear on the agenda. A resolution will be prepared with the appropriate findings. PUBLIC HEARING RE OFF- STREET PARKING REGULATIONS A public hearing was held regarding a Zoning Ordinance amendment pro- posal relating to off-street parking regulations for restaurants; tennis/racquetball clubs; manufacturing/industrial uses; condominium/ townhouses; swimming clubs. The staff recommendation was to amend the Zoning Ordinance in accordance with Planning Commission Reso. No. 15-79, and accept and file with the Alameda County Clerk the Negative Declaration. Mayor Kamena opened the public hearing. No comments were offered. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE STAFF RECOMMENDATION WAS A DPTED. STATUS REPORT RE COMMERCIAL LAND USE A status report from the Planning Department regarding Council re- ferral of Commercial Land Use, North Livermore Avenue and I-580, noted the Planning Commission has set a public hearing date of May l5, 1979, to consider amendment of the Land Use Element of the General Plan. CM-36-l08 April 23, 1979 COMMUNICATION RE CONDI- TIONS IN SPRINGTO~1 A communication was received from the Springtown Association regarding certain conditions in the Springtown area, dogs running at large, abandoned cars and trucks on streets, children playing on the golf course, and other problems. ON MOTION OF CH STALEY, SECONDED BY CH EBERT, AND BY UNANIMOUS VOTE, THE ITEM WAS REFERRED TO STAFF. A report will be forthcoming back to Council sometime in May. RE LATE CLAIM FROM JOHN E. WALTZ A request was received from John E. Waltz for permission to file a late claim. ON MOTION OF CM TURNER, SECONDED BY CM EBERT, AND BY A VOTE OF 4-0, CM STALEY ABSTAINING, THE COUNCIL ADOPTED A RESOLUTION DENYING THE APPLICATION ~O FILE A LATE CLAH1. RESOLUTION NO. ll8-79 RESOLUTION DENYING APPLICATION TO FILE LATE CLAIM (Mario and Dorothy Valperga) CITY MANAGER'S REPORT Mr. Horner indicated a legislative alert regarding AB 1343, which if passed, would have the very probable effect of disbanding our Police Reserve Force. ON MOTION OF CM EBERT, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE THE RULES WERE SUSPENDED, TO ALLm.¡ ACTION TO BE TAKEN. ON MOTION OF CM EBERT, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COUNCIL AUTHORIZED THE CITY TO OPPOSE AB 1343. Mr. Horner noted that a communication had been received from the State Water Quality Control Board stating that our design for expan- sion of the Water Reclamation Plant has been approved. The lO% de- sign has been approved and the final approval for the rest of the design work should be forthcoming within the next few weeks. He reminded the Council that Civic Appreciation Day will be held next Sunday, April 29, at Ravenswood between 2:00 and 4:00 p.m. lIe also noted that our State Solid Naste Management Board Grant for the recycling project was fully funòed for the amount of $29,000. APPEAL RE CUP AT ll34 BLUEBELL DRIVE This matter was appealed by Cm Ebert and concerns Planning Commission approval regarding a Conditional Use Permit for expansion of a relig- ous facility at 1135 Bluebell Drive. CM EBERT MOVED TO APPROVE THE CUP AS GRANTED WITH THE EXCEPTION THAT COUNCIL ALLOW FOR THE 35 FOOT WIDE ffiIVEWAY AS REQUESTED BY THE APPLICANT, SECONDED BY CM TURNER. Cm Staley stated that he didn't object to the driveway but felt the curb cut was a safety problem as the staff had indicated. Cm Ebert did not feel that a narrow curb cut was safer, and added that because of the area and the length of the driveway, pedestrian traffic was only a minimal factor. CM-36-l09 April 23, 1979 (Re CUP Appeal) Cm Turner commented that the Fire Marshall pointed out that the min- imum width needed for safety purposes was 24 feet, and added that he felt that any expansion of the driveway would enhance the needs of any safety equipment that may have to go through there. He felt that the idea that a narrow driveway protected pedestrians was antiquated and supported Cm Ebert's motion. THE MOTION WAS VOTED ON AND PASSED 3-2, CM DAHLBACKA AND STALEY DISSENTING. RIDEO BUS ROUTE REVISIONS A series of public hearings has been held on proposed route changes for the RIDEO bus system. At the last hearing the City Council di- rected staff to re-examine the proposal which would take service away from Valley Memorial Hospital and the service pattern for south Liver- more. During the time since the last hearing, staff has received a letter from residents of Palomino Rd. in Proud Country protesting bus service on their street. Mr. Schilling explained the 7 staff recommendations relating to: de- letion of service to Proud Country because of the lack of a good means of turning the bus around; extension of service to Olivina/Hagemann by way of Holmes and Murrieta in order to continue service to VMH; and retaining the existing service pattern for the Vancouver Route. In reply to a question by Cm Staley, he noted that there would be two trips per day to the Veterans' Administration Medical Center when a schedule can be worked out. Cm Ebert felt that the bus system was not very well used by Livermore residents at the present time, and would be willing to try anything that staff recommended. CM EBERT MOVED TO ACCEPT THE 7 STAPF RECOMMENDATIONS REGARDING RIDEO BUS ROUTE REVISIONS, SECONDED BY CM TURNER. Mayor Kamena expressed his concern for children waiting for bus pick- up along East Avenue. He said he had received calls from city resi- dents reporting youngsters sitting on the curb with their feet in the street and asked staff to check into it. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. REPORT RE PROPOSED INTEL EXPANSION The Council discussed postponement of this item but because of time constraints regarding property related to the matter, it was decided that a short discussion would be held tonight regarding the item after which it would be continued to the next meeting which is sched- uled for April 30. (Mayor Kamena called for a brief recess after which the meeting re- sumed with all members of the Council present.) Dan Lee stated that the staff has not, as yet, computed the connec- tion fees for the proposed facility or determined the fee if addi- tional purchase of LAVWMA capacity is required. In reply to an in- quiry by Cm Dahlbacka, he added that with the construction of the gravity line, LLL will have the capability to discharge additional effluent, although the past history of the LLL has been a reduction of effluent due to water conservation practices. An increase in em- ployees and in activities, though, would probably lead to increased discharge, he added. The type and amount of LLL discharge was brief- ly discussed. CM-36-ll0 April 23, 1979 (Re Intel Expansion) Mr. Lee pointed out that Council was furnished with the calculation curves indicating what the connection fees and sewer service charges would be for Intel. Mayor Kamena noted that a report had been submitted by J. A. Cotteral of Brown and Caldwell Engineers outlining options available to the city for increasing wastewater discharge capacity beyond that now established. He said that it is evident that there is some limita- tion with regard to treatment capacity and export capacity. He gave some pertinent figures based on the following assumptions: that we have a 5 mgd capability of processing sewage, and that somewhere a- round 4.52 mgd are being used at present, leaving 480,000 gallons of capacity, 80,000 of which is already committed, leaving 400,000 gal- lons available, 90% for commercial/industrial and lO% for low/moder- ate cost housing. If 250,000 gallons is reserved for Intel, he com- mented, then in order to maintain the relationship of the 90/l0 split, approximately 27,000 gallons would need to be reserved for low and moderate cost housing, making a total of 277,000 gallons and leaving only l23,000 gallons uncommitted. The extra capacity of the LAVWMA pipeline would possibly bring the total to l73,000 instead of 123,000. He noted that a figure needs to be picked for some reservation for Intel, whether that figure be 250,000 gallons, or more, or less, what- ever the short term requirements are. If the figure of 250,000 gal- lons is used, the total remaining capacity is approximately l53,OOO. This will be discussed at the April 30th meeting also, he noted. A short discussion followed regarding the allocation for low and mod- erate cost housing. Cm Ebert felt that the Bradford figures were extremely conservative and added that it will be apparent how much expansion we are capable of when we hook up to the pipeline, due to the lowered demands on the quality of the water. Cm Staley, a member of the subcommittee studying this item, indicated that the subcommittee has a meetir.g scheduled for this coming Thurs- day at which time they hoped to formulate recommendations for the Council. Cm Dahlbacka asked about the amount of payroll generated by LLL and Intel. Cm Ebert replied that LLL's monthly payroll in Livermore is $7 million and Intel's is approximately $l.2 million monthly. ON fl10TION OF CM TURNER, SECONDED BY CH EBERT AND BY UNANIMOUS VOTE, THIS ITEM WAS CONTINUED TO THE HEETING OF APRIL 30TH. RE OFF-SITE WORK AT DEPOT PLAZA SHOPPING CENTER A letter has been received from Southern Pacific Development Co. re- questing clarification of responsibility for off-site work in con- nection with the Depot Plaza Shopping Center. Staff has met with Mr. Hohenrieder and Mr. Mason and a compromise amendment to Resolu- tion No. 242-78 was developed. Staff is recommending the Council approve the proposed amendment. CM DAHLBACKA MOVED TO SUPPORT THE STAFF RECOMMENDATION, SECONDED BY CM TURNER. Hr. Horner noted that the areas in dispute were the off-site im- provements adjacent to the properties not owned by S.P. on Railroad Avenue. Southern Pacific was under the impression that they might be required to pay for the cost of the medians below their property line on both So. Livermore and So. L St., instead of the City of CM-36-lll April 23, 1979 (Re So. Pac. Off-site Work) Livermore assuming that cost. Mayor Kamena said it was difficult to justify waiving the requirement that S.P. pay for off-site improvements which are needed as a direct result of the construction of the Depot Plaza Shopping Center. Mr. Horner remarked that it was probably a good idea to have the med- ians in question as a part of the improvement but traffic could flow in and out of the development without the medians being there. Mr. Lee noted that there will be medians on Railroad Avenue which will be constructed and paid for by S.P. The cost of the medians on So. Livermore and on So. L St. could cost approximately $5000 each, he added. Mayor Kamena suggested that the money might be better spent for undergrounding utilities in a very old and beautiful section of the town. Mr. Schilling mentioned that there was a lack of clarity in the orig- inal resolution, particularly in respect to the medians south of the property line. Those were brought in under the premise of making them conform to the rest of the street improvements, he explained. It was not at all clear that it was part of the original resolution approved for the S.P off-site requirements. The part regarding the off-site requirements on Railroad Avenue was more clear in intent, he added. Mayor Kamena said that he was clear as to his intent when he voted on the original motion and one of the concessions made at the time was to eliminate the signalization at Railroad and L St. The consensus of the Council was that they understood that at the time of the original motion, it was their intent that S.P pay for the medians. MAYOR KAMENA MADE AN AMENDING MOTION TO EXCLUDE THAT PORTION OF THE PROJECT FOR THE OFF-SITE IMPROVEMENTS THAT DO NOT PERTAIN TO THE SIGNALIZATION, SECONDED BY CM STALEY. Mayor Kamena explained that the intent of his motion was to quote back in the cost for those items other than those recommended for deletion by the staff, and mainly the signal area. The best dollar estimate given was $5000 to be borne by Southern Pacific according to this amendment. Mr. Horner noted that the resolution adopted in 1978 did not address itself to the medians. Mr. Hohenrieder of Southern Pacific added that all it talked about was the transition from Railroad Ave. to the south property line of the Southern Pacific property. The medians were never an issue, at that time. That issue came up in the meetings recently with city staff, and according to Dan Lee's understanding, it was never a requirement, Mr. Hohenrieder stated. Mayor Kamena said his memory was that at the original discussion last year, there was general and specific agreement by Southern Pacific that those street improvements and off-site improvements that would be required as a result of this development were not contested at all. Earl Mason, representing the applicant, stated that the Council's resolution adopted the Planning Commission's Resolution which accepted the staff report. The staff report says that the developer will not have to pay for the improvements on Railroad Avenue front- ing on property other than his own. He would only pay for those fronting his property. Mr. Mason noted that the minutes state that CM-36-112 April 23, 1979 (Re Southern Pacific Off-site Work) at the original discussion he tried to clarify the requirements re- garding those properties that they did not own on North Livermore Ave. and Railroad Avenue. In the staff report it says that it is to be done but that the city will reimburse the developer, he stated. S.P. is currently willing to pay half of that portion from Carol Jean's to the corner of No. Livermore in addition to all the medians on Rail- road Avenue. He added that last week he had contacted City staff be- cause of another discrepancy between the motion and the staff report. Mr. Lee stated that the recommendation was that the City pay for the portion in front of Carol Jean's Studio, but it was his recollection that the city relieved the developer of the responsibility of the signal at L and Railroad Ave. but required the improvements in front of Carol Jean's. Mr. Mason noted that the medians south of the Southern Pacific prop- erty line were never part of any motion or the requirements in the resolution. Cm Staley commented that the trade-off made the night of the original discussion, as he remembers it, was that S.P. take care of the streets all the way around the development and the signal light requirement at L and Railroad Ave. would be dropped, ,~ (L ~c~~ lJ6 l~ ~~'~. ~t- ~ ¡~ / Mayor Kamena noted that if the main motion passes there will be net savings to Southern Pacific as opposed to what was discussed several weeks ago. Mr. Horner agreed there would be some savings in that the City would agree, if the staff report is adopted, to pay for half of the cost of the street improvements, only, on Railroad Ave. in front of prop- erty that is not owned by S.P. CM EBERT MADE A SUBSTITUTE MOTION TO CATEGORICALLY REJECT THE STAFF RECOMMENDATION AND STAY WITH RESOLUTION 242-78 AS IT STANDS, SECONDED BY MAYOR KAMENA. Cm Dahlbacka stated that he was going to vote for the motion on the basis of the testimony of the Councilmembers. Mayor Kamena indicated that the substitute motion on the floor takes the place of all the previous motions on this matter tonight. Mr. Mason pointed out that there is nothing in Resolution 242-78 that says that Southern Pacific has to put in the medians south of their property line on Livermore Ave. and L. St. Mr. Lee acknowledged that there does need to be a clarification of the median question. He added that the way the resolution reads on that subject is that the applicant shall reconstruct L St. and Liv- ermore Ave. and install medians south of Railroad Ave. to the south line of applicant's property. Additional work south of the recon- struction shall be done as required to adequately transition into the new street. em Ebert reitereated that the original intent of it had been clear, that the city would delete a very expensive signal requirement and that S.P. was going to pick up the medians that would make the traffic safe in that area. Mr. Horner replied that the resolution says that S.P. has to provide adequate transition; it doesn't say they have to build a median. Possibly striping would provide adequate transition, he noted. CM EBERT WITHDREW HIS SUBSTITUTE MOTION. CM-36-ll3 April 23, 1979 (Re S.P. Off-site Work) To clarify the status of Cm Ebert's substitute motion, Mayor Kamena explained that he started to call for the vote, there was a point of order which he allowed because he had not announced the results of the vote, had not called for the no vote, in fact. After a short discussion, CM EBERT MOVED TO RECONSIDER, SECONDED BY CM DAHLBACKA. THE MOTION PASSED UNANIMOUSLY. CM EBERT MOVED THAT THE CITY ENGINEER HAS DETERMINED THAT ADEQUATE TRANSITION BY HIS MAP AND BY THE SUmUSSION OF THIS ITEM ON THE AGENDA IS THE CONSTRUCTION OF A MEDIAN FROM THE POINT OF THE SOUTH- ERNMOST LOT LINE OF THE SOUTHERN PACIFIC DEPOT SHOPPING CENTER ON SOUTH LIVERMORE TO THE JUNCTION OF FIRST STREET AND FROM THE SOUTH- ERNMOST POINT OF THE LOT LINE OF THE DEPOT PLAZA SHOPPING CENTER, L ST. TO THE JUNCTION OF FIRST ST., THE CONSTRUCTION OF THOSE TWO MEDIANS TO BE BORNE BY DEPOT PLAZA, SOUTHERN PACIFIC; MOTION TO INCLUDE THE ADDITION OF THE ENTIRE CONTENT OF RESO. 242-78. MOTION SECONDED BY CM TURNER. Mr. Mason felt that the motion on the floor imposed an additional burden on his client. Cm Turner commented that Southern Pacific would directly benefit from this project. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. LARPD REQUEST RE HCD GRANT FUNDS A request from LARPD regarding redistribution of HCD block grant funds for construction and reconstruction projects at the Bothwell Senior Center was noted BY MOTION OF CM EBERT, SECONDED BY CM DAHL- BACKA AND BY UNANIMOUS VOTE. RE 1979 AIR SHOW The "Ancient Order of Druids" are requesting City Council approval of the Tenth Annual Livermore Air Show on July 29, 1979. They are also requesting that City personnel costs not be charged to the Air Show as has been the case in the past years. Staff recommended approval of the Air Show subject to the conditions listed in the Director of Public Works memorandum to the City Manager and the City Council dated April 12, 1979, and also recommênded approval of par- ticipation of City personnel at no cost to the Air Show sponsor. ON MOTION OF CM EBERT, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE STAFF RECOMMENDATION WAS ADOPTED. RE RESEARCH DRIVE ASSESSMENT DISTRICT With the improvement of the Research Drive industrial area it was the Council's decision to continue to this time a proposed method of financing improvements. It is proposed that the Research Drive Assessment District be formed. Staff recommendation was to adopt resolutions: accepting petition, approving boundary map, approving agreement with special bond counsel, approving agreement for engi- neering services, intention to order public works improvements, accepting engineer's report and calling for construction bids. The consensus of Council was to set the hearing of protests for May 29, 1979. ON MOTION OF CM EBERT, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE STAFF RECO~rnENDATION WAS ADOPTED. CM-36-ll4 April 23, 1979 (Re Research Drive Assessment District) RESOLUTION NO. 98-79 RESOLUTION ACCEPTING PETITION RESEARCH DRIVE ASSESSMENT DISRICT NO. 79-1 RESOLUTION NO. 99-79 RESOLUTION APPROVING BOUNDARY MAP RESEARCH DRIVE ASSESSMENT DISTRICT NO. 79-l RESOLUTION NO. lOO-79 RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES RESEARCH DRIVE ASSESSMENT DISTRICT NO. 79-1 RESOLUTION NO. lOl-79 RESOLUTION APPROVING AGREEMENT FOR ENGINEERING SERVICES RESEARCH DRIVE ASSESSMENT DISTRICT NO. 79-1 RESOLUTION NO. l02-79 RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN RESEARCH DRIVE ASSESSMENT DISTRICT NO. 79-l RESOLUTION NO. l03-79 RESOLUTION ACCEPTING REPORT AND SETTING HEARING OF PROTESTS RESEARCH DRIVE ASSESSMENT DISTRICT NO. 79-1 RESOLUTION NO. l04-79 RESOLUTION CALLING FOR CONSTRUCTION BIDS RESEARCH DRIVE ASSESSMENT DISTRICT NO. 79-l REPORT RE BUSINESS AND PROFESSIONAL DEVELOPMENT COMMITTEE PROPOSALS The City Manager submitted a report recommending that the responsi- bilities of the Business and Professional Committee be absorbed by the Industrial Advisory Board. Staff recommendation also includes calling for applications from persons interested in working on the new Industrial and Commercial Advisory Board; and directing staff to re-write existing IAB Charges, Duties and Responsibilities. ON MOTION OF CM EBERT, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, THE STAFF RECOK~ENDATION WAS ADOPTED. STATUS REPORT RE ADMINISTRATION BUILDING The City Manager's report detailed the Change Orders and Requests for Quotation associated with the Administration Building, indicating an estimated need for additional funding for the project of $l30,000. The additional cost is the result of two major factors: Changes in the project necessitated by deletion of the Council Chambers Build- ing; and the addition of job requirements which were not included in the original plans and specifications. The staff recommendation was to approve the resolution authorizing an additional $l30,000 for Cap- ital Improvement Project 77-26. CM-36-ll5 April 23, 1979 (Re Administration Building) ON MOTION OF CM EBERT, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE STAFF RECOMMENDATION WAS ADOPTED. RESOLUTION NO. 105-79 A RESOLUTION AUTHORIZING BUDGET AMENDMENT (Administration Building) RE LLL SANITARY SEWER EXTENSION PROJECT The City has the option of forming a benefit district to recover the oversizing cost of the LLL sanitary sewer extension which the City is designing as compensation to the LLL for the oversizing. The staff is recommending that the benefit district not be formed because the administrative detail in forming and monitoring the benefit dis- trict over an extended period of time would not be cost effective and the City will be reimbursed for its engineering cost from sewer connection fees. ON MOTION OF CM EBERT, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE STAFF RECOMMENDATION WAS ADOPTED. RE CITY OF SAN FERNANDO AGE DISCRIMINATION LAWSUIT The City of San Fernando has requested assistance from other cities to defend a lawsuit brought by the Department of Labor testing the validity of its police officer age limit (36 years of age). Cm Dahlbacka said he was going to vote against this matter because he was not convinced that the City of Livermore's policy (35 years of age) may not be in error. He added there was not enough infor- mation provided for him to vote for the expenditure of $250 in sup- port. Cm Ebert thought the city ought to defend the lawsuit because he felt it was an encroachment on the powers of municipal government. Cm Turner was not convinced that there should be an age limitation, and could not support the issue. Mr. Reiners stated the only reason that this is sensitive is because state law gives public safety officers tremendous presumptions in the case of industrial disability. It's a matter of tremendous lia- bility to all cities and is getting worse, and increasing the age limits would increase the problem. Cm Staley remarked that the problem is not the age limit but the Workers' Compensation Appeals Board's willingness to say that any- thing was an industrial related injury. He didn't feel the problem would be solved by making the age limit so low as to eliminate a huge portion of the population, on the theory they might have some- thing wrong with them. ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY A VOTE OF 4-1, CM EBERT DISSENTING, THE COUNCIL DENIED PARTICIPATION IN THE LAWSUIT. VARIOUS APPOINTMENTS (Beautification Committee) Mayor Kamena announced that Annette Morris has resigned from the Beautification Committee, and Ayn Wieskamp and Diana Bolander have expiring terms. Cm Staley renominated Ayn Wieskamp and nominated Jim Morris. CM-36-ll6 April 23, 1979 (Re Various Appointments) Cm Turner questioned Ayn Wieskamp being an elected member of the Rec- reation Board and at the same time a member of the Beautification Committee. Cm Dahlbacka stated that Council has a policy of not allowing people to serve on two or more commissions and although Ms Wieskamp has been a very valuable member of the Beautification Committee, he would have to vote according to Council policy. Mayor Kamena stated that he was not a member of the Council when that policy was made and did not support it. Mr. Reiners did not see any essential incompatability based on the fact that the Beautification Committee is advisory only. Mayor Kamena pointed out that Council has no say in whether Ms. Wies- kamp serves on the LARPD Board and Council would be permitting her to serve on one board only, the Beautification Committee, the accom- plishments of which are largely due to her efforts. THE NOMINATION OF AYN WIESKAMP TO THE BEAUTIFICATION COMMITTEE WAS VOTED ON AND PASSED, 3-2, CM TURNER AND DAHLBACKA DISSENTING. THE NOMINATION OF JIM MORRIS TO THE BEAUTIFICATION COMMITTEE WAS VOTED ON AND PASSED UNANIMOUSLY. (Housing Coord. Committee) em Turner nominated Douglas Brower to the Housing Coordination Committee. THE NOMINATION OF DOUGLAS BROWER TO THE HOUSING COORDINATION COM- MITTEE WAS VOTED ON AND PASSED UNANIMOUSLY. (Housing Authority) The following nominations were made to the Housing Authority Board: Karen Nattrass by Cm Dahlbacka Kay Parra by Mayor Kamena Hazel Ashworth by Cm Turner After a discussion of the eligibility and qualifications of the var- ious applicants and nominees, Karen Nattrass was unanimously appoint- ed to the opening on the Housing Authority Board, on the condition that she automatically terminate her position on the Housing Coord- ination Committee. Mayor Kamena request that Hazel Ashworth's name be placed on the list for future appointment to the Social Concerns Committee and declared a vacancy on the Housing Coordination Committee. Resolutions will be prepared for the next regular meetings Consent Calendar. P.C. MEETINGS OF 4/10/79 AND 4/17/79 A summary of action of the Planning Commission meetings of April lO and 17, 1979, was noted. HEARING DATE FOR GENERAL PLAN AMENDMENT TO PUBLIC FACILITIES AND SERVICES Consensus of Council was to set May 30, 1979 for a hearing for General Plan Amendment to Public Facilities and Services Section, Part III - Goals and Policies. CM-36-ll7 April 23, 1979 CONSENT CALENDAR Summary of Revenues and Expenditures A Summary of Revenues and Expenditures for the period from the beginning of the fiscal year to March 31, 1979 (9 months) was sub- mitted for informational purposes. Cm Dahlbacka asked staff to prepare monthly or quarterly graphs, re- flecting general operating expenses and capital improvements according to time elapsed and dollars spent and/or committed. He added that Airport revenues were far exceeding his expectations. Reso. re Transportation Development Act Funds The Council adopted a resolution approving the County as grantee for City Transportation Development Act funds. RESOLUTION NO. 106-79 RESOLUTION OF THE COUNCIL OF THE CITY APPROVING THE COUNTY AS GRANTEE FOR CITY TRANSPORTATION DEVELOPMENT ACT, ARTICLE 4.5 FUNDS Reso. re Term of Councilmember The Council adopted a resolution providing for the staggered term of one Councilmember. RESOLUTION NO. 107-79 A RESOLUTION PROVIDING FOR STAGGERED TERM OF ONE COUNCILMEMBER Resos. re Weed Abatement and Bid Awards The Council adopted a resolution awarding a bid for labor and equipment to carry out the Weed Abatement Program. RESOLUTION NO. l08-79 A RESOLUTION AWARDING BID AND AUTHORIZING ISSUANCE OF PURCHASE ORDER (Joe Macias and George Cardoza) The Council adopted a resolution awarding a bid to Edward R. Bacon for a tow-type portable air compressor. RESOLUTION NO. 109-79 A RESOLUTION AWARDING BID AND AUTHORIZING ISSUANCE OF PURCHASE ORDER Reso. re Signature Authorization The Council adopted a resolution providing names of officers author- ized to sign checks, an annual action to reflect change of Mayor. RESOLUTION NO. 110-79 A RESOLUTION PROVIDING THE NAMES OF THE OFFICERS AUTHORIZED TO SIGN CHECKS (M.H. Kamena,; Fred Noyes, Jr., Dorothy J. Hock) CM-36-ll8 April 23, 1979 Reso. re Police Salaries The negotiated Memorandum of Understanding for Police Officers' Assoc., Operating Engineers #3, included a salary adjustment for the classifi- cations of Police Officer and Police Sergeant, effective 5/1/79, re- quiring an amended salary resolution. RESOLUTION NO. lll-79 A RESOLUTION OF THE CITY OF LIVER~ORE AMENDING RESOLUTION NO. 72-79, FOR THE CLASSIFIED AND UNCLASSIFIED EMPLOYEES OF THE CITY OF LIVERMORE, ESTABLISHING RULES FOR ITS USE. Re Firefighter Bligible List Ann Duncan, Personnel Director, reported that the Tri-Valley Recruit- ment and Selection Association has decided that the current list for Firefighter which has already been in existence for two years has a sufficient number of applicants so that the current list could be ex- tended another year. Council approved extension of the Firefighter eligible list to July 12, 1980. Re Surplus Vehicles The Council declared seven vehicles, not being used and/or unservice- able, to be surplus property and authorized disposal at the public auction to be held by Alameda County, June 9, 1979, at Santa Rita. Resos. re Skobi, Inc. Resolutions were adopted reflecting Council action regarding Skobi, Inc., Conditional Use Permit and Variance denial. RESOLUTION NO. l12-79 RESOLUTION DENYING CONDITIONAL USE PERMIT (Skobi, Inc., dba A.B.C. Sales and Service) RESOLUTION NO. 113-79 RESOLUTION DENYING VARIANCE (Skobi, Inc., dba A.B.C. Sales and Service) Reso. re Amendment to LAm~ Agreement A contract amendment was adopted by Council which changes the stan- dards of measurement for chlorine and pH and provides for construc- tion of metering facilities and cost allocation therefor. RESOLUTION NO. l14-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (LA~) Resos. re Quezaltenango Parkway Property Two resolutions were adopted authorizing execution of agreements - Latter Day Saints Church and M. o. Jones, et ux, regarding property acquisitions for Quezaltenango Parkway. RESOLUTION NO. l15-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Church of Jesus Christ of Latter Day Saints) CM-36-ll9 April 23, 1979 (Resos. re Quezaltenango Parkway Property) RESOLUTION NO. l16-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Milton o. and Marjorie J. Jones) Payroll and Claims There were 181 claims in the amount of $491,744.99, less payroll warrants in the amount of $123,045.92, less Treasury Bill in the amount of $l90,485.44, for a total of $805,276.35, dated April 9, 1979, and approved by the City Manager. CONSENT CALENDAR APPROVAL ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE THE CONSENT CALENDAR WAS APPROVED. MATTERS INITIATED BY STAFF AND COUNCIL Mr. Reiners said a request had been received to drop the name of one co-owner on the swimming pool property on Vasco Rd. The change would require that Council adopt a resolution approving an amendment to the development agreement with Schliebe, Bryant and Wilbur. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE RULES WERE SUSPENDED TO ALLOW ACTION BY THE COUNCIL. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED. RESOLUTION NO. l17-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Schliebe, Bryant, Wilbur - Dev. 79-6) (Re Cash Award) Cm Ebert said he would like to see a small token cash award for any city employee who receives an award or recognition for excellence in his jOb capacity. (Re Engineers' Registration) Cm Ebert expressed his concern with a unilateral action being taken by Governor Brown and the Dept. of Consumer Affairs to remove all requirements and registration for titled engineers in the State of California, other than civil, electrical and mechanical. Due to time constraints, Mr. Lee was asked to review the matter immediately, and prepare a report for Council's information. (Re Boards and Commissions) Cm Turner requested a complete review of City policy regarding citizen participation in city boards, commissions and committees with special emphasis on elegibility of citizens already serving on other boards such as the LARPD. (Gilbert Initiative) Cm Dahlbacka asked a copy of the Gilbert Initiative be included in the next information packet. CM-36-l20 April 23, 1979 (Re l% Sales Tax) Cm Staley expressed his concern with a bill currently before the legislature which would give the 1% sales tax, previously allocated to municipalities to the schools, in exchange for some property taxes. Mr. Horner noted that unless strong action is taken in opposition, it is quite likely that the bill will pass. Mayor Kamena asked that those Councilmembers who are concerned notify the City Manager who will incorporate their positions in a letter of opposition. (Re Multi-Service Center) Mayor Kamena commended Winnie Rambo, Director, on the efficiency and speed with which services are rendered by the Multi-Service Center. (Re Anti-Nuclear Day) Mayor Kamena expressed his concern with the Anti-Nuclear Day planned for May 5 and the views expressed by the media on nuclear safety. He noted that a suggestion had been made to confirm the 5th of May as Edward Teller Day and asked that Council support this demonstration of faith in the Lawrence Livermore Laboratory by the City of Liver- more. Cm Turner felt it would be a good idea to contact LLL to determine if they desire any assistance from our elected officials. Cm Ebert supported adoption of a resolution setting forth the Coun- cil's position. Cm Turner commented that it was up to the LLL to defend their posi- tion regarding nuclear safety. Cm Dahlbacka mentioned that he was engaged in business activities with the LLL and would have to abstain on any motion relative to the Laboratory. em Staley remarked that the concept of having an Edward Teller Day was a very good idea but did not feel it did any service to Dr. Teller to schedule it on the same day that a large demonstration was planned to publicize opposition to LLL activities. MAYOR KAMENA MOVED TO DECLARE MAY 5TH EDWARD TELLER DAY, AND APPOINT THE NECESSARY SUBCOMMITTEE TO FOLLOW THROUGH vVITH OTHER APPROPRIATE FESTIVITIES LATER THIS YEAR, SECONDED BY CM STALEY. Joan Boer, Independent reporter, felt that the demonstrators might interpret Council's proposal as a baiting action and could result in increased tensions. Kay Parra, 819 Brennan Way, pointed out that May 5th is a special holiday for Mexican independence and was not in favor of the motion. She felt that it was a good idea to honor Dr. Teller, but a different day should be chosen. Cm Staley felt that making May 5th Dr. Teller Day might be interpre- tated as an antagonistic position of Council rather than an attempt to honor Dr. Teller. Cm Turner stated that as a lay person he believed that there was no problem at LLL, although he could not be sure. Some people do believe that there is a problem and he felt it was the responsibility of the Laboratory to defend their position, if they choose to defend it. He did not support the motion on the floor. CM-36-l2l April 23, 1979 (Re Anti-Nuclear Day) MAYOR KAMENA ~rHTHDREW HIS MOTION. MAYOR KAMENA MOVED TO DESIGNATE ONE OR MORE MEMBERS OF COUNCIL OR STAFF TO MEET WITH LLL AND REPORT BACK TO COUNCIL BEFORE ANY ACTION IS TAKEN, AND THEN POTENTIALLY THINK OF, AS AN AGENDA ITEM, ONE OR MORE MEMBERS OF THE SCIENTIFIC COMMUNITY WIIO HAVE MADE CONTRIBUTIONS TO LLL FOR SOME FUTURE HONOR; SECONDED BY CM TURNER. Cm Ebert felt that the Council should go on record as defending, or in favor of, the advancement of nuclear energy as it is being done by Lawrence Livermore Laboratory. THE MOTION WAS VOTED ON AND PASSED 4-0, CM DAHLBACKA ABSTAINING. (Re Vietnam Veterans Week) It was the consensus of Council to appoint the VFW to seek out 1-5 members of the community who have made outstanding community achieve- ments and who are also Vietnam veterans. This is being done in prep- aration for Vietnam Veterans' Week, May 28th to June 3rd. INTRO. OF ORD. RE AIRPORT RULES & REGULATIONS ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE THE ORDINANCE REGARDING A MUNICIPAL CODE AMENDMENT RELATING TO AIRPORT RULES AND REGULATIONS WAS INTRODUCED AND READ BY TITLE ONLY. ORDINANCE RE MAYOR'S SALARY CM EBERT MOVED TO ADOPT THE ORDINANCE REGARDING THE MUNICIPAL CODE AMENDMENT RELATING TO MAYOR'S SALARY COMMENCING WITH THE FIRST ELECTED MAYOR IN 1980, SECONDED BY CM STALEY. Cm Turner stated that he would vote no on the motion for all of the reasons which he gave at the previous discussion. THE MOTION WAS VOTED ON AND PASSED 4-1, CM TURNER DISSENTING. MEETING SCHEDULE It was announced that the next Council meeting will be next Monday evening, April 30, and that the second meeting in May will be on the 29th instead of the 28th because of the holiday. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at l2:l0 a.m. APPROVE ~?~Jdl/f:Þ~ yor ATTEST CM-36-l22 Adjourned Regular ~1eeting of April 30, 1979 An adjourned regular meeting of the Livermore City Council was held on Monday, April 30, 1979, in the Municipal Court Chambers, 39 South Livermore Ave. The meeting was called to order by Mayor Kamena. ROLL CALL Present: Absent: Cm Dahlbacka, Ebert, Turner and Mayor Kamena Cm Staley (seated during Open Forum) PLEDGE OF ALLEGIANCE Mayor Kamena led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. OPEN FORUM (Re Regan Parking Lot) John Regan, Livermore, co-owner of the parking area between So. Liv- ermore Ave. and So. L St., adjacent to the Southern Pacific Develop- ment Co. property, stated that he understood that there's a proposed median strip from the corner of his property up to First Street, that the median strip is approximately 10 feet wide, that egress from the parking area will be by right turn only, and that traffic travel- ing north on Livermore Avenue will have ingress to this parking area only via the Southern Pacific property. He wondered about the feas- ibility of installing a 10 foot median strip as opposed to a double line with appropriate signs such as "No Left Turn". ~1r. Regan stated that the plan, as he now understands it, calls for ingress into his property via the immediate western extremity of his building, which would be a driveway through to his lot. He pointed out that it has long been anticipated by the County of Alameda that once the vacant portable courtroom in Fremont became vacant it would be moved to that spot. He also indicated that he had reserved the right, prior to delivering the deed to Southern Pacific, to install a barricade along the southern property line. (Cm Staley seated during Mr. Regan's discussion) . Mayor Kamena suggested that Mr. Regan meet with the City Attorney and SP to discuss the questions raised by Mr. Regan. (Livermore Growth) Tony Marshall, a resident of Livermore since 1906, urged Council not to keep anybody out of Livermore, to let people build, and to let the City grow. (Re Agenda Reorder) John Stein, 1334 Kathy Court, requested that the agenda be reordered to consider the Intel sewage capacity allocation before the General Plan amendment item. Council consensus was to continue with the agenda as originally scheduled. (Lot at 1st & "P") Kay Parra, 819 Brennan Way, complained about the lot at the corner of First St. and P St., owned by Southern Pacific, which is used rather informally as a used car lot. Mayor Kamena stated that he would be meeting with a representative of Southern Pacific next Wednesday and would be happy to ask him about the lot on the southwest corner of the intersection, and the matter of posting it. CM-36-l23 April 30, 1979 PUBLIC HEARING RE GENERAL PLAN AMENDMENT A public hearing was held regarding a General Plan Amendment relative to Public Facilities and Services Section of Part III - Goals and Policies, as they relate to short-range municipal sewer system capac- ity allocation. The amendment concerns changes in the sewer plant allocations, annexation priorities of property not in the City as of January I, 1976, and any other text changes that may be necessary due to proposed amendments. Mayor Kamena noted that at the moment our Water Reclamation Plant is rated at a capacity of 5 mgd. Our General Plan states that when 4.6 mgd are being consumed, the remainder must be reserved for industry and commercial, and low/moderate housing connections in the ratio of 90% for Industrial/Commercial and lO% for low and moderate cost hous- ing connections. Tonight's discussion will pertain to whether or not to amend that General Plan to some other figure. Cm Ebert pointed out that at the moment the plant is processing approximately 4.6 mgd. Howard Nies, Planning Director, noted that there is one correction on the Planning Commission recommendation concerning low and moder- ate income on p. ll3 of Attachment 4, Item (b)3, which should be 35,000 instead of l5,000. Mayor Kamena opened the public hearing. CM TURNER MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY CM EBERT. CM TURNER WITHDREW HIS MOTION, since it appeared that there were people who wished to speak. John Stein, l334 Kathy ct., did not support changing the General Plan, because he felt that the limited sewage capacity that is left should be reserved for industry and commercial development as stated in the General Plan, so that a balance is achieved between residen- tial and industrial/commercial development. He added that if the optimistic projections of available capacity are incorrect, the city could end up in the position of having given sewer allocations with- out available capacity, causing future legal problems. Cm Ebert said that Mr. Stein's statements represented the no-growth faction in Livermore and might be interpreted erroneously. Cm Staley questioned Mr. Stein's statement that Livermore did not have a balance between its residential and industrial development. ON MOTION OF CM TURNER, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. It was decided that the Residential Development Plan could be dis- cussed in conjunction with this item. Cm Dahlbacka commented that the issue of a large amount of sewer treatment capacity potentially going to one industrial user focuses his attention very distinctly on the General Plan items that reserve a certain amount of treatment capacity for industrial allocations. He was concerned that the city maintain enough industrial capacity to handle industries like Intel who may wish to connect to our sewer line. He added that he'd like to establish a concept for discussion, that a 100,000 capacity is available when the Phase IV monies are re- ceived, and suggested making an amendment to the General Plan that keeps the current wording (for example (3c) ,'p. l13) and adding the phrase "except that when Phase IV funds are released, 100,000 gallons may be allocated for 1979". A short discussion followed on the different steps involved in the Phase IV Plant Expansion including the 10% funding on Step 2. CM-36-124 April 30, 1979 (Re Public Hearing re General Plan Amendment) Cm Dahlbacka explained that regarding the Phase IV funds, he had meant after the Step 2 funds are received. Mr. Horner, City Manager, explained that the City normally has to foot the up-front costs first since it's a reimbursable grant program. For example, when lO% of Step 2 is completed, we submit our statements and are reimbused for a certain percentage, and after a period of time the rest of the money is released. The same process is followed all through Step 2 and Step 3, he added. The percentage of grant participation by federal, state and local agencies, the mechanics involved, and non-eligible items were dis- cussed by Council and staff. Basically, 87~% of the project is fed- eral and state grant-fundable it was noted. Cm Ebert noted that in essence the City can grant a 2% increase in usage of sewer plant capacity and dedicate that to the 1979 alloca- tions, either by the RDP or by Council using the current list. em Staley remarked that after studying the matter for the last four weeks, he was not nearly as pessimistic with regard to the sewer treatment plant or the ability to expand it. He felt that the like- lihood of being able to expand the plant, either with the grant or with the LAVWMA outfall line, is substantial, and believed that there is enough capacity in the plant to make a small allocation for resi- dential, to satisfy Intel's request, and make allocations for low income housing. CM STALEY MOVED THE ADOPTION OF THE PLANNING CO~MISSION'S RECOMMEN- DATIONS AS STATED IN P.C. RESOLUTION NO. 19-79, WITH EXHIBITS, WITH THE FOLLOWING CHANGES: P. ll2, 3(a), CHANGE "THE CITY ESTABLISHES THE CAPACITY OF THE WATER RECLAHATION PLA!'-TT (SE~VER) AT 5.0 MGD" TO READ "THE PRESENT DESIGN CAPACITY OF THE WATER RECLAMATION PLANT (SEWER) IS 5.0 MGD", AND IN THE FOLLOWING SENTENCB, INSERT "APPROXIMATELY" BEFORE "400,000 GALLONS"; P. 113, (b)2, SUBSTITUTE "270,000 GALLONS" WHERE IT STATES "3l5,000 GALLONS"; P. 1l3, (b)3, SUBSTITUTE "30,000 GALLONS" IN PLACE OF "15,000 GALLONS"; AND IN ADDITION, TO ALLOCATE 50,000 TO RES- IDENTIAL DEVELOPMENT AND KEEP 50,000 IN AN UNALLOCATED RESERVE. THE MOTION WAS SECONDED BY CM TURNER. Adoption of P. C. Reso. 19-79 and its attachments by reference would: 1. Allow residential development for approximately half of the 355 residential units allocated by Council for 1979. 2. Set priorities for annexation and development of properties not within the City limits as of January 1, 1976. 3. Implement a procedure for residential development in 1979. It was explained that 50,000 would be allocated for residential in addition to 30,000 for low/moderate cost housing although the low/ moderate is not necessarily a one-year allocation. It was also noted that the motion, in essence, changes the basic number from 4.6 mgd to 4.7 mgd, and gives the most flexibility in the General Plan without crippling the building industry in the city, harming the industrial and commercial aspects of growth, or doing a disser- vice to Council's commitment to low and moderate income housing. In reply to an inquiry by Mayor Turner, Gary Reiners, City Attorney, noted that the State Water Quality Control Board is not concerned with the capacity of our plant, but with the quality of the efflu- ent discharged into the pipeline. The Council, he added, will have to make a decision based on rather subjective factors as to exactly what the extent of the increased capacity will be after hookup to the pipeline. CM-36-l25 April 30, 1979 (Public Hearing re General Plan Amendment) Mayor Kamena reminded Councilmembers that there were some other areas with regard to the Public Hearing and the General Plan Amendment. In addition to short-range municipal sewage system capacity, it also re- lates to Rural Residential Policy and the low/moderate clarification. Cm Turner suggested considering going ahead with the 355 residential units as proposed since capacity seems sufficient to service that 1979 allocation. He stated that part of the problem a developer could run into is that he has gone along with the City's allocation program for 1978 and perhaps started building 50 units with the knowledge that they could, provided the Council goes ahead with the 1979 allocations, pick another 50 units, at which time it would become a profitable venture. Because of the front-end costs involved for sidewalks and other improvements, 50 units are not enough to show a profit for the developer. Cm Turner commented that Council has implied that they would go ahead with the 1979 allocation. He added that he was confi- dent that there was sufficient capacity remaining to do that. Cm Turner was also in favor of going ahead with the Residential Devel- opment Plan, beginning as of 1980, which requires a decision by June of this year. This would eliminate the interim pOlicy which has been so troublesome. The RDP would be subject to available sewer capacity. CM TURNER MADE AN AMENDING MOTION TO ALLOCATE SEWAGE FOR THE 1979 RESIDENTIAL UNITS, UP TO 355 DWELLING UNITS. MOTION DIED FOR LACK OF A SECOND. CM TURNER MADE AN AMENDING MOTION THAT THE RESIDENTIAL DEVELOPMENT POLICY BE OPERATIONAL AS OF THE YEAR 1980 AND THAT THE PLANNING COM- ~1ISSION BEGIN ACCEPTING APPLICATIONS IN JUNE OF 1979, SUBJECT TO AVAILABLE SEWAGE CAPACITY, SO THAT ANY RESIDENTIAL BUILDING FOR 1979, OTHER THAN THE 30 EXEMPT LOTS OF RECORD, WILL BE INCLUDED IN THE RES- IDENTIAL DEVELOPMENT PLAN FOR 1979. THE MOTION WAS SECONDED BY CM EBERT. Replying to a question, Mr. Nies indicated that the RDP is scheduled to start application receipts in June, 1979 and allocation would be made in March of 1980. Cm Ebert explained that Cm Staley's motion would lower the number of homes to be built in 1979 to 280, those homes according to Cm Turner's motion, to fall under the Residential Development Plan. In reply to a question by Mr. Nies, Mayor Kamena indicated that if any 1980 applications occur, they will have to come from the 50,000 gallon reserve created by Cm Staley's motion, unless the General Plan amendment is further amended. A short discussion followed on whether a problem would be created if the General Plan is amended and subsequently additional capacity is found. Mr. Reiners commented that the situation would fall in the middle between the assumptions that were present at the time the original General Plan was drafted and the medium-range policy which was keyed to plant expansion beyond 5.0 mgd. He felt that it would be reasonable if Council wanted to consider an increase in plant capacity beyond 5.0 to fall into the medium range allocation. Mr. Horner mentioned that the RDP process takes approximately 6 to 8 months to complete so when you're talking about the 1979 alloca- tion it really means that f.inal approvals will be given towards the end of 1979. (Mayor Kamena called for a brief recess after which the meeting re- sumed with all members of the Council present.) CM-36-l26 April 30, 1979 (Public Hearing re General Plan Amendment) In reply to a question by Cm Turner, Mr. Nies stated that all appli- cations would be null and void and would have to be reevaluated based on the RDP if Cm Turner's motion passes. Cm Turner stated that under those circumstances, he would not support his own motion. He added that he still felt strongly that Council should follow through with their committment for the 1979 allocations up to 355 residential units. CM TURNER WITHDREW HIS AMENDING MOTION. CM TURNER MADE AN ~MENDING MOTION TO HAVE THE RESIDENTIAL DEVELOPMENT POLICY BEGIN IN 1980 AND START ACCEPTING APPLICATIONS IN JUNE OF 1979, SECONDED BY CM EBERT. A short discussion followed regarding the present operative date for the RDP and Mr. Reiners said he would research it to clarify the matter. Cm Dahlbacka commented that he would like to support a motion to wait 50 days until we get the Step 2 money and are 99% sure that the ex- pansion will proceed and at that time consider the full 2% allocation for residential. But, he added, if this motion passes, with the 50,000 plus 50,000 mgd and we don't have a residential development plan, the first-come, first-serve list would be used which would drop off a lot of people who would like to be considered and leaves no room for judging different developments in terms of the goals that have been adopted in the RDP. The next best thing would be to use the list of people who are eligible for the 1979 allocations and re- strict the RDP process to that list of people, so that Council can make an intelligent choice as to who's going to get the remaining 50,000 gallons of capacity. Mayor Kamena had some concern about committing 250,000 gallons to Intel which would leave very little available for other commercial and industrial development. Cm Ebert pointed out that most of the 1978 allocations were not as yet on line, which would allow for more flexibility, and was concerned that if the rules were changed, discussion could continue for several months through the prime building season. When we hook up to the pipeline, he added, we will have additional capacity. Cm Turner commented that Mr. Lee's figures support the fact that there is available sewer capacity to go ahead with the 355 residen- tial units, and felt that the matter under discussion was being in- fluenced by Intel's request and suggested discussing both items since they seemed to be related. Cm Dahlbacka commented that Intel's request relates directly to the General Plan goal of a balance between residential and ccmmercial/ industrial development. Cm Turner pointed out that Livermore also needs places for people to live and that there is currently a critical shortage of rental units. Cm Dahlbacka stated that he intended to move to amend at a later time the low and moderate income allocation to Low cost housing only, because the moderate income allocation is being taken care of by the private sector. CM TURNER MOVED TO TABLE THIS ITEM, SECONDED BY CM STALEY. THE MOTION PASSED 3-2, CM DAHLBACKA AND EBERT DISSENTING. CM-36-127 April 30, 1979 INTEL REQUEST FOR SEWER ALLOCATION This item was discussed at the meeting of April 23 and was continued to tonight's meeting for further discussion. Crn Staley reported that the subcommitee recommended that the Council should immediately make all reasonable effort to acquire the remaining 500,000 gallons in the LAVWMA export pipeline. He explained that the problem with sewer treatment is going to be two-fold, the capacity of the plant to treat sewage and the capacity of the pipeline to export it from the valley. The second and most crucial recommendation was that Council reserve from the existing capacity approximately 250,000 gallons for Intel and that Council agree to provide them with the re- maining required 250,000 gallons from the first available source. with these recommendations would be a referral to staff to draft an appropriate contract and to resolve further concerns regarding the time frame for construction and service. CM STALEY MOVED TO ASK THE CITY STAFF TO DRAFT A CONTRACT AND WORK OUT THE DETAILS WITH INTEL PROVIDING 250,000 GALLONS OF THE AVAILABLE CAPACITY TO BE GUARANTEED TO THEM AND FURTHER THAT THE CITY GUARANTEE TO THEM AN ADDITIONAL 250,000 GALLONS FROM THE FIRST AVAILABLE SOURCE, SECONDED BY CM EBERT. In reply to a question by Cm Dahlbacka, Cm Staley indicated that he understood that the earliest that the plant expansion would corne on line would be early in 1981, with it being fully online by 1984. Regarding the LAVWMA pipeline, Mr. Reiners explained that the basic project, l6.62 mgd, was grant-fundable according to the formula that was accepted. The extra one mgd, 50% of which has already been pur- chased by Pleasanton, was not grant-fundable. The pay-back is built into the sewer service charges that were adopted at the time the sewer service contract between the member organizations of LAVWMA was signed. He added that he was fairly positive that there was no restriction to the 87~% grant regarding the purpose for which it was to be used. Dan Lee, Director of Public Works, mentioned that there are some additional costs involved in the extra 1 million gallons because of improvements required within the system and costs to LAVWMA. These costs would be paid through the sewer service charge, based on the volume and quality of the effluent, so the effected indus- try would in effect pay for the extra capacity. Cm Dahlbacka expressed his concern with the possibility of condi- tions attached to the 87~% grant which would require some payback if a disproportionate amount was used for commercial/industrial. He agreed that there was no question that our l2~% was going to be paid back by user service charges. Dan Lee mentioned that under the Industrial Cost Recovery, there could be an extra charge placed on an industry which used more than a certain volume of flow, to reimburse the Federal government for their participation. This, he added, is presently being recommended for discontinuation. Replying to Cm Turner, Cm Staley noted that the recommendation re- garding the guarantee of the first 250,000 gallons to Intel was based on the available capacity. He added that Council is not making a commitment to provide the additional 250,000 gallons, the commit- ment is to provide them with that amount from the first available source. CM-36-128 April 30, 1979 (Re Intel Request) Mr. Lee noted that capacity needs for Commercial/Industrial requests and commitments, not yet on line, have been estimated at 30,000 to 50,000 gallons. Cm Staley reported that the subcommittee had not discussed the hous- ing needs of the estimated additional 800 employees hired as a result of the Intel expansion. He didn't think Intel could afford to wait on their current proposal to Council and needed a firm sizable commit- ment in order to expand their plant at the present time. He suggested giving them a big enough chunk to start with to make it worth risking the additional 250,000 gallon commitment at a later date. Cm Dahlbacka suggested an initial allocation of 200,000 gallons but Gerald Stratbucker, Corporate Facilities Manager for Intel, indicated that their studies indicated that 250,000 gallons were needed. Cm Staley acknowledged that in his opinion Intel is prepared to move forward on the expansion at the positive passage of the motion. Mike Farley, Kaufman and Broad, was in favor of the motion. Earl Mason, Associated Professions, pointed out that the biological load on the 250,000 gallons would only be approximately 36,000 which would seem to indicate additional available capacity. Cm Dahlbacka said the capacity of the pipeline is flow-limited, the flow that goes into the pipeline is the flow that has to be pumped out of the valley so the constriction is the pipeline. Mr. Mason commented that Intel would not be on line until the middle of 1981, by which time the sewer plant would be expanded and we could be hooked up to the pipeline. John Stein, 1334 Kathy Ct., supported the Intel expansion for three reasons: l) it improves the taxable base of the community at a min- imal cost in municipal services; 2) it offers entry-level jobs; 3) it offers a diversity of the industrial base which is at present somewhat dependent on one employer. em Turner noted that the Industrial Advisory Board has sent Council a letter stating that they have reviewed Intel's proposal and rec- ommend that Council approve the request. Mayor Kamena acknowledged receipt of a letter from Robert and June Barton supporting approval of both residential increases and the Intel request. Another letter was received from William Swan rec- ommending denial of Intel's request. THE MOTION ON THE FLOOR WAS VOTED ON AND PASSED UNANIMOUSLY. GENERAL PLAN AMENDMENT REMOVAL FROM TABLE ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE ITEM'REGARDING A GENERAL PLAN AMENDMENT WAS REMOVED FROM THE TABLE. PUBLIC HEARING RE GENERAL PLAN AMENDMENT A motion and an amendment still remained on the floor as a result of previous discussion earlier in this meeting (see pp. 125 and 127). Cm Dahlbacka stated that he could not support the amending motion. CM-36-l29 April 30, 1979 (Re Public Hearing re General Plan Amendment) CM TURNER MADE AN AMENDING MOTION TO ALLOW, IN 1979, THE RESIDENTIAL DEVELOPMENT OF 355 RESIDENTIAL UNITS, SECONDED BY CM EBERT. Cm Dahlbacka didn't think there was enough available capacity to allow for industrial/commercial plus an additional 355 residential units. Council discussed the effect that various allocations would have on the total available capacity and commitments and requests regarding the remaining capacity for commercial and industrial requests already approved. Mike Schrader, 52l Cinnabar, expressed concern with the demographic makeup of the anticipated 800 new employees at Intel. He stated that if they were in the low/moderate income bracket, they would have a difficult time finding housing in Livermore, and would be forced to commute. Karen Nattrass, speaking for the Housing Coordination Committee, stated that the Committee was concerned that one of the areas that allocations will be removed from, will be the low/moderate income housing. She felt the City should be concerned with where the new employees at Intel will be housed. She stated that at the present time the Committee estimates that the housing stock in Liv- ermore is about 19% available for low income families which make up 30% of our population. Milton Murray, civil engineer, quoted from the Tribune regarding low and moderate housing for the suburbs, indicating that the 1985 goal for the city of Livermore should be 32% and currently is 31.2%. Ed Schilling, Assistant to the City Manager, clarified the matter by explaining that the article did not refer to that amount of housing in the community but to the number of families with that level of income in the community. The intention is that we try to provide housing for that percentage of low income families but it does not suggest that we have that level of housing. In reply to an inquiry he stated that moderate income is defined by State stan- dards as 80% to 120% of the median income. John Stein, l334 Kathy Ct., reminded Council not to forget the lots of record which are exempted and the possible new businesses which may move into the city within the next 2-3 years, while we're wait- ing for the construction of the Phase IV plant. Mayor Kamena stated that the 30 lots of record have been accounted for and approved by Council. Mike Farley said that for the past year the developers have been making plans on what has been a general understanding that there would be an allocation in 1978 for residential use, an allocation in 1979, and a Residential Development Policy that would commence in 1980 to govern residential sewer permits that would be issued from that point on. He strongly urged Council to adhere to that as much as is possible since he felt that lOO,OOO gallons could be reasonably approved for 1979 pursuant to that understanding. He also strongly recommended that the RDP not be considered as appli- cable for those allocations granted in 1979, and added that the economic lives of many businesses were involved. In reply to a question by Dewey Watson, representing the Kissel Company, Cm Staley indicated that his understanding was that the Council would to with the 1978 policy which is first-come, first- serve. CM-36-l30 April 30, 1979 (Re Public Hearing - General Plan Amendment) Ron Harrison, Northwood Homes, supported adopting the residential policy for the 1979 allocations, which would give the City a chance to review all of the development and select the best ones for its own benefit. Candy Simenon, chairman of the Livermore Planning Commission, pointed out that the Planning Commission Minutes before the Council tonight have not been officially approved by the Planning Commission although she felt they fairly accurately reflected the Commission's actions., as did pp. 112 and 113 of the General Plan Amendment. She noted, however, that Attachment #5, Implementation Procedure for Residential Development for 1979, was a staff recommendation, not a Planning Com- mission Recommendation. She suggested specifically including or ex- cluding Attachment #5, as part of the motion. She called Council's attention to p. ll2, (3) (a) which referred to the General Plan's re- striction of services to those areas already annexed to the City as of January 1, 1976. She noted that the amendment recommended by the Planning Commission would remove that restriction. THE SECOND AMENDMENT REGARDING RESERVING AND ALLOCATING 355 UNITS FOR THE YEAR 1979 WAS VOTED ON AND FAILED 2-3, CM EBERT AND TURNER IN THE MINORITY. THE FIRST AMENDMENT REGARDING THE 1980 RESIDENTIAL PLAN BECOMING L~FECTIVE ON JUNE 1, 1979 FOR 1980 ALLOCATIONS, WAS VOTED ON AND PASSED 3-2, CM DAHLBACKA AND MAYOR KAMENA DISSENTING. CM DAHLBACKA MADE AN AMENDING MOTION TO READ "30,000 ALLOCATION FOR LOW INCOME HOUSING ONLY". CM EBERT MOVED TO ADJOURN THE MEETING, SECONDED BY CM TURNER. THE MOTION WAS VOTED ON AND FAILED ON A VOTE OF 2-3, CM DAHLBACKA AND STALEY, AND MAYOR KAMENA DISSENTING. CM DAHLBACKA MOVED TO CONTINUE THE MEETING TO 12:00, MIDNIGHT, SECONDED BY CM STALEY. THE MOTION WAS VOTED ON AND PASSED 3-2, CM EBERT AND MAYOR KAMENA DISSENTING. ~ßYOR KA}ŒNA SECONDED CM DAHLBACKA'S MOTION REGARDING 30,000 ALLOCA- TION FOR LOW INCOME HOUSING ONLY. Mr. Schilling commented that some of the private contractors who would like to build new construction, Section 8, could do that best in a mixed project which would include as little as 20% low income subsidized units plus the remainder as moderate income housing. Cm Dahlbacka said that if Council guarantees allocations for low in- come projects, progess will be made in providing low income units in Livermore. CM DAHLBACKA WITHDREW HIS MOTION. CM DAHLBACKA MOVED TO SPECIFY THAT ALL PROJECTS TO BE CONSIDERED FOR THE LOW/MODERATE ALLOCATION MUST HAVE AT LEAST 30% LOW INCOME UNITS. Mayor Kamena said he was supportive of the idea but did not feel the need of a General Plan amendment being so specific. CM DAHLBACKA WITHDREW HIS MOTION. CM KAMENA MADE AN AHENDING MOTION TO ADOPT WHAT APPEARS ON P.2 OF THE MARCH 29TH MEMO FROM THE DIRECTOR OF PLANNING TO THE PLANNING COMMIS- SION WHICH INCLUDES 9 POINTS OF DESCRIPTION, IN 3 PRIORITIES, WITH RE- GARD TO RURAL RESIDENTIAL POLICY, (ITEMS 1-6, AND THE 2ND AND 3RD PRI- ORITIES), TO ALLOW LOGICAL ANNEXATIONS AND REWORK THE ALLOCATION FORMAT, SECONDED BY CM TURNER. CH-36-l3l April 30, 1979 (Public Hearing re General Plan Amendment) Highest priority was recommended for the following areas: I. The Industrial area south of I-580 between Kittyhawk Road and Airway Boulevard. 2. The industrial area property south of I-580 with frontage on Livermore Avenue. 3. The commercial services area between I-580 and Las Positas Road. 4. The Industrial area south of First Street between North Mines Road and McGraw Avenue. 5. The Industrial area south of I-580 in the vicinity of Vasco Road. 6. The Industrial area south of the railroad tracks between Jackson Avenue and Valley East. The second priority was: l. The residential triangle between Portola Avenue and North Liv- ermore Avenue south of I-580. 2. The property between Valley East and Jackson Avenue School, north of East Avenue. The third priority suggested was the rural residential areas desig- nated in the General Plan. Leo Parry expressed his concern with annexing properties which are going to compete in the future with properties which have been within the city limits for years. He did not feel that this was the proper time to discuss it. Mr. Nies explained that, though it had not been discussed in detail by the Planning Commission, it belongs with this discussion because it is currently stated in the General Plan that there is limitation of annexation by 1976 as far as areas which can be developed. Cm Staley mentioned that present policy allows service of industrial and commercial connections only, outside of the present city limits. This motion would allow the city the choice of servicing other con- nections, such as residential. Mr. Williams felt it was totally inappropriate for the Council to consider tonight establishing a policy that will allow new residen- tial properties to be annexed to the city and giving them an allo- cation position ahead of other properties which have been within the city limits for years. Dave Madis, lOll Geneva, stated that the Anderssn property has been adjacent to the city limits for 100 years, and could be considered to be within the city's planning area. Ms Simenon pointed out that General Plan amendments recommended by the Planning Commission included the deletion of the Jan. l, 1976 eligibility requirement. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. CM EBERT MOVED THE QUESTION REGARDING THE MOTION REMAINING ON THE FLOOR, SECONDED BY CM TURNER. MOTION FAILED ON A VOTE OF 2-3, CM EBERT AND TURNER VOTING IN THE AFFIRMATIVE. CM STALEY ~~DE AN AMENDING MOTION TO STRIKE THE 50,000 GALLONS FROM THE UNALLOCATED RESERVATION AND PLACE IT IN THE INDUSTRIAL/COMMER- CIAL ALLOCATION, SECONDED BY CM TURNER. The effect this motion would have on the residential list was dis- cussed briefly. CH DAHLBACKA MOVED TO ADJOURN THE MEETING. MOTION DIED FOR LACK OF A SECOND. CM EBERT MOVED TO AMEND THE RULES TO ALLOW CONTINUATION OF THE MEET- ING FOR THE SOLE PURPOSE OF VOTING ON THE AMENDMENT AND MAIN MOTION WITHOUT DEBATE. MOTION DIED FOR LACK OF A SECOND. CM-36-l32 April 30, 1979 (Re Public Hearing re General Plan Amendment) CM STALEY MOVED TO CONTINUE THE MEETING FOR THE PURPOSE OF VOTING ON THE HOTION AND THE MlEND!-lENT ON THE FLOOR AND NO OTHERS, SECONDED BY CM TURNER. THE MOTION PASSED 3-2, CH DAHLBACKA AND MAYOR KAMENA DISSENTING. CH EBERT MOVED THE QUESTION REGARDING THE AMENDMENT ON THE FLOOR. THE MOTION DIED FOR LACK OF SECOND. THE AMENDMENT REGARDING THE PLACEMENT OF 50,000 GALLONS FROM THE UN- ALLOCATED RESERVE INTO COMMERCIAL/INDUSTRIAL WAS VOTED ON AND PASSEDL 4-1, CM EBERT DISSENTING. _A "J/r~4 ~ c-' 3.).U oüo ~ AS A RESULT OF COUNCIL ACTION BY AMENDHENT, THE r·1AIN Î~OTÍON ON HE FLOOR INCLUDES: TO ADOPT THE WORDING OF THE PLANNINa7COMMISSION WITH REGARD TO THIS ITEM WITH THE FOLLOWING EXCEPTIONS: 270,000' GALLONS FOR INDUSTRIAL/CO~1MERCIAL CONNECTIONS, 30,000 GALLONS FOR LOW/MODERATE CONNECTIONS. THE ~'70RDING CHANGE ON P. 112, 3 (a) REMAINS ,PART OF THE MAIN ~10TION. THE RE!-ßINING PART OF THE MOTION WAS TAKEN CARE OF BY COUNCIL APPROVED AMENDMENTS. Cm Dahlbacka stated he could not support the motion because he was restricted from making further amendments and he did not want to limit the low/moderate housing projects to 75 when 30,000 gallons have been allocated allowing 120 units. Cm Staley pointed out that his motion did not include Attachment No.5, dated April 10, 1979, Implementation Procedure for Residential Devel- opment for 1979. It did include pp. 112 and ll3 of Attachment 4-a, dated April 10, 1979. Jack Tinney, l468 Chelsea, felt the definition is critical of what constitutes low and moderate housing, including the subject of low and moderate versus low or moderate. He suggested that the Housing Coord- ination Committee be directed to give those subjects priority study, the results to be given to staff and the Council. It was the consen- sus of the Council to follow Mr. Tinney's suggestion. THE MAIN MOTION WAS VOTED ON AND PASSED 4-1, CM DAHLBACKA DISSENTING. ADJOURNr.mNT It being l2:l5 a.m., Mayor Kamena adjourned the meeting to an execu- tive session. The next regular meeting will be held May 14, 1979. APPROVE /JJø/t~d/I#~ , Mayor . ATTEST odH£T~~i>~J y Clerk . ivermore, California CM-36-l33 Regular Meeting of May 14, 1979 A regular meeting of the Livermore City Council was held on Monday, May 14, 1979, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Kamena at 8:10 p.m. ROLL CALL Present: Cm Ebert, Staley, Turner and Mayor Kamena Absent: Cm Dahlbacka (seated after Pledge of Allegiance) PLEDGE OF ALLEGIANCE Mayor Kamena led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. MINUTES APPROVAL - 4/23/79 & 4/30/79 The minutes of the regular meeting of April 23, 1979 and the adjourned regular meeting of April 30, 1979, were submitted for Council approval. The following corrections were made: p. 133, 4th para., 3rd line, should read "320,000 gallons" instead of "270,000 gallons". (50,000 gallons in the reserve was put back in the industrial/commercial category) p. 113, 4th para., 4th line, insert after "would be dropped" the phrase "as a condition of this project", with the period (.) follow- ing "dropped" to be changed to a comma. ON MOTION OF CM STALEY, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, THE MINUTES WERE APPROVED AS CORRECTED. OPEN FORUM (Re CUP, 4514 First St.) Donna Smith, 1536 Holmes St., representing Victor Baldi, stated that Mr. Baldi had been granted a CUP at the May 1 meeting of the Planning Commission, to allow\.an equipment rental business at 4514 First St. She noted that at the time Mr. Baldi applied for the CUP, no mention was made of a required median. At the hearing the median was mentioned with an estimated price of $2000 given by the Engineering Department. They have since revised that estimate to $16,000, and Mr. Baldi is requesting Council to review the need for the median and the requirement that the developer pay for it. Cm Ebert could not see the need for the median and suggested refer- ring the matter to staff for a report. Mayor Kamena pointed out that it was his understanding that the item will be on the Planning Commission's agenda of May l5. He suggested that if the disposition of the matter is not agreeable with the appli- cant, that Mr. Baldi may appeal those items on the CUP that are not satisfactory. Mayor Kamena noted that Council cannot take action or reverse a decision that has not been finalized by the Planning Com- mission. Cm Ebert recommended that the Council be notified by the Planning Commission of their decision regarding this matter. It was the consensus of the Council to accept Cm Ebert's recommendation. (Re S. P. Request) Dan Hanesworth, Southern Pacific Development Co., stated that since the Planning Commission's decision that the site plan for the "super block" development was not in conformance with the General Plan, S.P. is now in the process of making substantial modifications to the site-plan. He asked for a commitment from the Council to recon- sider the matter as soon as the new plans are ready, in 4-6 weeks. CM-36-134 May l4, 1979 (Re S.P. Request) It was the consensus of Council that the discussion can be continued for a period of approximately 4~G weeks, and because of time con- straints, all rights and privileges will be retained by S.P., as if the item was on tonight's agenda. Cm Turner asked Mr. Hanesworth about the problem of private individ- uals using the Southern Pacific property at the corner of First St. and "P" St. as an unofficial used car lot. Mr. Hanesworth informed Council that he had talked to the Police Dept and the problem, though complicated, was in the process of being resolved. (Re Bike Path) J. D. Lee, 622 Bentley Place, felt that the Council supported the contention that bicycling and walking should be encouraged as a means of transportation and suggested that a bicycle/walking path be devel- oped north from School St., across the Railroad tracks to Martin St. He pointed out that the path would be used extensively by Livermore High School students and local residents. Dan Lee, Director of Public Works, commented that it would be very costly to put in an underpass for pedestrians and cyclists. He added that the current plans do provide for pedestrians and cyclists on the overpass, to avoid crossing the Railroad tracks. Cm Dahlbacka said he would be willing to have the matter referred to staff for study. Mayor Kamena asked Cm Dahlbacka to research the area and bring the information back to the Council. John Stein, 1334 Kathy Ct., asked if any further action had been taken on the underpass at Holmes St. He added that the underpass at Murrieta appeared to be still closed. Mr. Lee stated that there is a bikeway that goes under the Holmes St. bridge along the Arroyo Mocho, but that it fills in with gravel during the rainy season. The Street Department had been asked last week to clear it and it should be done soon if it is not already done, he added. RE LAS POSITAS GOLF COURSE A communication was received by Council from Dan Lippstreu, Golf Pro- fessional at Las Positas Golf Course commenting on the new greens, their construction and expressing appreciation to the superintendent and to the Council. em Ebert pointed out Mr. Lippstreu's statement that the new signs were very effective in increasing the amount of play and the revenues. The communication was noted for filing. RE ACR 30 - ADEQUATE STREET LIGHTING A communication was received from Supervisor Raymond urging support of ACR 30 regarding adequate street lighting requirements for traffic safety and security, and the funding thereof. It was the consensus of the Council to continue this item to the meeting of May 29, 1979. CM-36-l35 May l4, 1979 RE ECHO AUDIT A communication was received from the Social Concerns Committee regarding the ECHO audit and listing several recommendations for future action. Cathie Brown, 1098 Angelica Way, stated that the recent ECHO audit was less than flattering to Livermore, resulting in the following recommendations from the Social Concerns Committee: 1. That the Social Concerns Committee sponsor a Housing Workshop to increase community awareness of housing problems. 2. To encourage Chabot College to offer a class in fair housing which would be a requirement for an A.A. degree in Real Estate. 3. To encourage the City to implement pOlicies which provide in- centives for new multi-family unit construction. 4. To encourage the Southern Alameda County Board of Realtors, the Apartment Owners Association and ECHO to conduct a more compre- hensive audit on housing problems in this area. em Turner asked how a factual audit can be done in Livermore when there are no real vacancies. Ms Brown said that it was her under- standing that the audit was done by requesting applications for future vacancies, which resulted in blacks being discouraged from filling out applications. Cm Turner remarked that there were a cogpl~ of things about the audit that bothered him because it speaks to the City of Livermore and possibly the integrity of Livermore's landlords. He disagreed with the following statements taken from the Summary of Livermore Audit: "Livermore has a population of around 50,000 people and according to a special census taken in 1974 only l72 were blacks. It was felt that this could be an indication of housing discrim- ination." He indicated that he would like to have someone from ECHO come to a Council meeting to answer questions. It was the consensus of Council to request that this item be brought back when an ECHO representative can be present to answer questions regarding the audit. em Ebert questioned the statistical validity of this type of report and its resultant conclusions. He added that one thing that the report did point out was the need for additional rental housing in Livermore. In reply to a question by Mayor Kamena, Ms Brown asked Council support by implementing policies which provide incentives for new multi-family unit construction. Cm Turner noted that his comments were not directed to Ms Brown or the Social Concerns Committee but to ECHO who issued the report. CITY MANAGER'S REPORT (Nomination for John R. May Award) Lee Horner, City Manage~ noted that a letter has been received from the Pleasanton Joint School District and the Amador Valley Joint Union High School District requesting that the Council second their nomination of Betty Stallings and her co-workers at the Valley Volunteer Bureau for the $5,000 John R. May Award. MAYOR KAMENA MOVED TO NOMINATE BETTY STALLINGS AND HER CO-WORKERS AT THE VALLEY VOLUNTEER BUREAU FOR THE JOHN R. MAY AWARD, SECONDED BY CM DAHLBACKA. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. Mr. Horner said he would have a letter prepared for Council's signatures. CM-36-136 May 14, 1979 APPEAL OF DENIAL OF VARIANCE The Council considered an appeal from a Planning Commission denial of Variance to allow a 276 sq. £~. wall sign at BOO Portola Ave., Tri- Valley Datsun. The present permitted size is 64 sq. ft. Burke Critchfield, representing Tri-Valley Datsun, stated that Tri- Valley Datsun owns a 3-acre parcel which is bordered on two sides by a road. He indicated that his client would like to amend his application to allow 3-foot letters instead pf 4-foot letters result- ing in approximately l53 sq. ft. The sign would be painted against the face of the building in red letters with a spotlight for lighting. He commented that Tri-Valley Datsun estimated that 30% of their bus- iness is freeway-oriented and having a larger sign would be of great value. Mr. Critchfield remarked that his client was isolated from other car dealers despite the fact that the area had originally been designated for an auto center. He added that its visibility from the freeway was limited, also, creating an additional problem. After a short discussion, it was the consensus of Council to send the item back to the Planning Commission for consideration of an amend- ment for a reduced number of square feet for the sign. APPEAL OF DENIAL OF VARIANCE Council considered an appeal from a Planning Commission denial of Variance to allow an oversized and internally illuminated wall sign at l519 portola Ave. The applicant is requesting a l5~ sq. ft. sign, the Zoning Ordinance permitting only 2 sqare feet. Tommy Page, 1566 Hudson Way, a Livermore realtor, stated that he had originally wanted an internally illuminated sign on a new office that he opened on the corner of Portola and "P" St., but his request was denied by the Design Review Committee because of the sign's shape and illumination. They did approve the size of the sign. He noted that he has since reduced the size of the sign to 12 sq. ft. and would illuminate it externally with a very small spotlight. Howard Nies, Planning Director, agreed with Mayor Kamena that since both the Zoning Administrator and the Planning Commission had re- viewed the 12-foot sign, its location, and the element of external illumination, it would presently conform to the variance previously granted by the Zoning Administrator. CM TURNER MOVED TO SUPPORT THE RECOMMENDATION OF THE ZONING ADMINIS- TRATOR THAT THE VARIANCE BE APPROVED SUBJECT TO DESIGN REVIEW COMMIT- TEE APPROVAL AND THAT THE SIGN BE LOCATED ON THE FRONTAGE FACING POR- TOLA AVENUE, SECONDED BY CM EBERT. A short discussion followed concerning the paint color scheme which will be reviewed by the Design Review Committee. Cm Dahlbacka stated he could not support the motion because the area is zoned professional and he felt a realty business was an office use. He commented that the applicant knew of the sign restrictions when he applied for the Conditional Use Permit. Cm Ebert pointed out that there were a number of commercial establish- ments in the area on Portola Ave., and he felt it was a reasonable place for a realty office to be located. CM-36-l37 May l4, 1979 (Re Appeal, Variance Denial) Mr. Page explained that the sign will be constructed of masonite with the company's logo painted on it in red, white and blue. Mayor Kamena noted that at the beginning of this year the Council gave the necessary authority to the Zoning Administrator to handle variances and he felt that, in as much as the Zoning Administrator has thoroughly investigated this matter and made his recommendation, he was going to support that recommendation. THE MOTION WAS VOTED ON AND PASSED 4-1, CM DAHLBACKA DISSENTING. RECESS Mayor Kamena called for a brief recess after which the meeting re- sumed with all members of the Council present. RE 1979 RESIDENTIAL SEWER ALLOCATION - - LOW/MODERATE V INCOME HOUSING POLICY It was the consensus of the Council to combine, for discussion pur- poses, the two items listed above which are listed separately on tonight's agenda (Items 4.3 and 4.4). Mayor Kamena suggested the following discussion format, previously reviewed by the staff: l. Open the item for discussion by Council and staff 2. Testimony from the audience regarding implementation sug- gestions and any special appeals 3. Further discussion and/or motions by' Council with further discussion with regard to: a. the starting date for the allocation and approval process b. adoption of definitions for low/moderate income housing c. specifying the degree of separation of the 50,000 gallons for conventional housing as opposed to the low/moderate housing d. determining the actual allocation procedure e. determination if the previous approval of a reservation for 30 lots of record for construction of 4 units of less is a separate issue from the low/moderate and conventional housing allocations f. any special cases or letters of appeal, potential loopholes g. any other consideration that has not been addressed after which Council can determine the maximum aggregated number of permits to be issued for each category, so that the city can precisely determine when the supply of permits for this allocation is exhausted. Mayor Kamena called the Council's attention to the staff report from the Planning Department, and a request submitted by Milton Murray for consideration of 24 permits under the 1979 allocation. Letters had also been submitted by Lexington Homes regarding a lOl unit develop- ment on Murrieta, and from Kerry Taylor regarding Parcel Map alloca- tions. Mayor Kamena opened the item for discussion and asked if any of the Councilmembers had questions of the staff. Cm Dahlbacka asked with regard to Section 8 housing, if the income definitions varied for this area. Darrell Graves, Lexington Homes, explained that his company pres- ently had an application filed with HUD for a project of 101 homes, 20% of which will be Section 8 homes. His understanding of the definition by HUD is that to qualify a family would have to make at or less than 80% of the median income of the area to qualify for moderate and 50% or less for low income. CM-36-l38 May l4, 1979 (Re Sewer Allocation & Low/Moderate Policy) Mayor Kamena noted that there's a potential for adoption of a defin- ition which would call for 80% or less of the median income for this region to be low income, above 80% but below 120% of median income to be designated moderate income. He added that the purpose of this discussion is to try to implement the General Plan amendment that was adopted a few weeks ago relative to residential sewer allocations. It reserved 50,000 gallons for conventional housing, 30,000 for low/ moderate housing connections, but did not deal with the implementa- tion procedures. Mike Farley, Kaufman and Broad, supported the Planning Commission's recommended procedure for allocating the 1979 allotments. Jack Tinney, 1642 Holmes, stated that he had a letter before Council which outlined points regarding his development of Tract 4230 and asked if Council needed any clarification relative to his project. He added that the main elements of his letter lie in the evolution of the housing allocations. He stated that since he had applied for the 1978 allocations, he was on the list for 50 connections. Subsequently, the 1979 allocations were on a first-come, first-serve basis. The basis for the present request to build out the project, an additional 14 units, involved low/moderate income housing and at the time the request was originally made there was no limit on low/ moderate permits under the 1979 allocation. Based on that, he stated, he continued on with his project, planned it out, but did not apply for the additional units on the assumption that he would get the additional 14 permits at a later date upon request. Mr. Tinney added that all of the planning has been done based on the building out of the total 64 units and it would be a financial hardship to do it otherwise. He noted that the thrust of his request was to be allowed to build out the remaining 14 units which will complete the project. In reply to an inquiry by Cm Dahlbacka, Mr. Tinney commented that he would conform to whatever definition was adopted and implemented regarding low/moderate income housing. It was explained that it was presently the Planning Commission's recommendation that if 50 units have been approved in 1978, that no further permits be issued in 1979. A short discussion followed regarding conditions that existed at the time Mr. Tinney had originally applied for the 50 permits. Mr. Nies stated that there were 4-5 tracts which had applied for more than 50 permits in 1978 and Mr. Tinney pointed out that his was the only one involving low/moderate housing. Gary Reiners, City Attorney, remarked that in 1978 under Resolution No. l41-78, the Council was allocating not only sewer capacity but also slots under the 2% maximum. Even though there may have been some reserve low or moderate capacity available, he continued, the city had reached the 2% maximum allowable growth rate. Mr. Tinney said that his understanding of the 1979 sewer allocation recommendations was that the Planning Commission did not intend to limit the 1978 applicants to 50 units if there were additional units in the project. Mayor Kamena read Item 5 of the Planning Commission's recommendation: that no additional units be approved for those projects having re- ceived approval for 50 units in 1978. Mr. Nies commented that the Planning Commission at a study session had discussed whether the policy also applied to low/moderate income housing, but had not been able to reach consensus. CM-36-139 May 14, 1979 (Re Sewer Allocation & Low/Moderate Policy) Dewey Watson, Kissel Company, expressed his concern with Council's policy of not granting 1978 or 1979 allocations to un annexed land and asked Council to reconsider that policy. He also asked Council to consider which development, one of 288 units or one of 96 units, they would rather have not subject to the RDP. Milton Murray, representing Joseph Schenone and Marlin Haley, said that at the time of the submission of Tent. Tract Map for Tract 4049 it was necessary for Leo Parry, the developer of the property north of Tract 4049, to get the cooperation of Joseph Schenone for the location of the primary street in the subdivision, Scenic Avenue. The location of Scenic was predetermined several years ago by the location of a major sewer and water trunk line. He stated that at the time he assumed some allocations would be made in 1979. As it stands at the present time, he noted, Joseph Schenone and Marlin Haley did not obtain any lots in the allocation. In reply to an inquiry, Mr. Nies indicated that if it had been sub- mitted in 1978, there would have been 50 allocations for each property if the density was approved. Mr. Reiners remarked that the City might have had a question at the time as to the number of years that these properties have been di- vided and how they were divided. Mr. Murray stated that the prop- erties had never been one parcel. Mike Farley, Kaufman & Broad, stated that his Tract 3760 started out being combined parcels and had he known that his company could have received another 50 units in 1979 by keeping them separate, they would have done so. He suggested retaining the rule that those projects that received 50 units in 1978 are not eligible to get in line again for 1979, so that others get a chance. He added that if the Council allows projects with hardships to gain addition- al units in 1979, over the 50 they received in 1978, he would submit an application for another 50 on Tract 3760. He did not feel, how- ever that this was a workable pOlicy. He did not support Mr. Murray's position. ~Leo Parry, Castro Valley, favored the recommendations from the Plan- ning Commission regarding implementation. He stated that the prob- lem with his property stems from a City action taken years ago when Scenic Avenue was located. The parcels have been separate for more than 12 years, he added. To accommodate these parcels and keep a ratio of density would have meant exchanging properties which was not a practical solution. He felt that since the problem stemmed from the City's location of Scenic, it could be considered as a special circumstance, with regard to the 24 permits that he is requesting. He agreed with Mayor Kamena that if the 24 permits were not granted, he would be in a situation of having to put in the improvements in front of units which did not have permits and would not get credit for putting in those improvements when application is made under the RDP. He felt there should be some procedure established for the orderly buildout of the total map. Pat Vane, 203 Coleen St., one of the developers of Tract 4230, a 64 unit townhouse project, stated that when the Planning Com- mission approved their first 50 units, she and Mr. Tinney did not ask for the additional 14 units to complete the project because Ms. Simenon indicated that the Commission would only give them the 50 units since the project would be getting the additional units under the low/moderate allocation or the RDP. Mr. Nies commented that there seemed to be some midunderstanding, that the Commission had said they would consider the 14 units in 1979, making a recommendation at that time to Council. CM-36-140 May 14, 1979 (Re Sewer Allocation & Low/Moderate Policy) Mr. Tinney pointed out that theirs was a low/moderate request, an important distinguishing factor since it was a voluntary decision on the part of both developers. Bonnie Howard, 5288 Kathy Way, representing the League of Women Voters, expressed the League's concern for low income housing. She stated that the League supports the reservation of a portion of the reserve sewage capacity for low income housing, since the need for moderate housing is more easily met. David Madis, lOll Geneva, representing Chester Andersen, commented that it had been his and Mr. Andersen's understand that they could apply under the 2% but not the reserve low/moderate income housing. Last year they were told to prepare a map and file it on a first- come, first-serve basis. He felt that policy should stand as is, since it was the basis on which they got in line and filed the map. Mr. Nies acknowledged the maximum number of allocations that Mr. Andersen could be granted was 50, although the original Planning Commission recommendation had allowed an additional 25 for moderate income housing. Mr. Reiners explained that the restrictions to already-annexed prop- erties was found in the short-range allocation which hadn't been reached at the time Mr. Andersen applied. Karen Nattrass, Chairman of the Housing Coordination Committee, made some comments on behalf of the Committee. She stated that the Committee hoped that the Council would maintain the 50,000 gallon regular residential allocation and the 30,000 gallon allo- cation for low and moderate as separate and distinct categories. They also hoped that some mechanism could be arrived at for select- ing developments other than first-come, first-serve, because of the small amount of sewer capacity available. The Commission recommends that low and moderate projects be at least 30% low income and 70% moderate income housing, since the need for low income housing in Livermore is critical. The present and future sewer capacity was discussed briefly. Cm Ebert did not feel that sewer capacity would be a critical factor in future development, because of the planned expansion and hookup to the pipeline. Ms. Nattrass agreed with comments made that even if there was rea- sonably abundant sewer capacity, that the committee would still support 30,000 and 50,000 gallons being separate categories, the imposition of the 10% requirement in the General Plan to come out of the 50,000 reservation, the net effect being the reservation for low/moderate would be 35,000 instead of 30,000 gallons, and also that, for those projects which qualify under the 30,000, each of them be lOO% low/moderate rather than intermixed with conventional housing. Mr. Farley stated that the livelihood of many people were at stake, including people who have already made capital committments, and objected to the 1979 allocations being continuously reduced. He suggested leaving the 50,000 reservation for regular market-priced housing, leaving the 30,000 gallons for low/moderate housing. He also suggested that Council define what low/moderate means and let the people who have gone through the orderly procedure and submitted their applications, proceed to build their units. He was optimistic about future sewer capacity. He asked that Council define a low/ moderate price range, let the developers build the units to meet that range, and proceed down the first-come, first serve list. He did not want an RDP for 1979 and asked that Council approve the recommenda- tion of the Planning Commission. CM-36-141 May 14, 1979 (Re Sewer Allocation & Low/Moderate Policy) Richard Bobier, Ensign Bickford, stated that one of his clients, John Williams, was concerned that, in an attempt to live by the RDP, he had been precluded from effectively competing in 1979 as the priority list stands. He asked that Council carefully consider the rationale that was employed in limiting the properties that could obtain per- mits, to those which are presently annexed to the city. Mayor Kamena asked if Ensign Bickford's position was that they sup- ported the implementation of the RDP in June of this year and that they also supported any comparative analyses done under the RDP to be limited to those properties that are currently within the city limits. Mr. Bobier agreed with Mayor Kamena's summary. Mayor Kamena asked for discussions or motions regarding the starting date for allocation and approval process. CM TURNER MOVED TO SET THE STARTING DATE FOR THE ALLOCATION AND APPROVAL PROCESS FOR THE 1979 ALLOCATIONS AS MAY IS, 1979, SECONDED BY CM EBERT. Cm Dahlbacka stated that the reason he had previously voted against the General Plan amendment was that he was afraid that the Council would commit the capacity of the plant too soon. He was concerned that only 20,000 gallons remained for commercial/industrial con- nections under the current General Plan and felt it would be prudent to postpone the starting date to the end of July, or until the grant money is received by the City. Cm Staley commented that after studying the available figures, he was much more optimistic about the remaining capacity of the sewer plant and was not in favor of postponing the implementation date to the end of July. Mayor Kamena noted that during the last few days, the EPA's open comment period has elapsed, and added that the City should know within 4-6 weeks whether or not they are getting the Step II fund- ing for the plant expansion and at what percentage of the total cost of the plant. He was concerned about allocating an amount for residential capacity immediately without having assurances on the Step II funding. He also had concerns about the quality of the effluent from the present plant since hookup to the pipeline required certain standards pertaining to the effluent, and Liver- more may have to wait until Dublin upgrades their effluent capa- bility. Simply putting the pipeline in the ground did not appear to him to permit the city to realize that capacity immediately. He pointed out that the first 250,000 gallons of the pipeline capacity had already been promised to Intel. In reply to questions by Cm Turner, Mayor Kamena stated that he had voted for the Intel reservation because he felt that the bene- fits that would accrue to Livermore were abundant even though the possibility existed that housing allocations might have to wait. em Turner stated that the new employees at Intel would need housing and did not feel that business should be stopped in Livermore just because the City had not been notified as to Step II approval. The Intel reservation and its bearing on the item being considered was discussed by Mayor Kamena and Cm Turner. CM-36-l42 May 14, 1979 (Re Sewer Allocation & Low/Moderate Policy) Cm Ebert noted that the 80,000 gallons under Council discussion are in the capacity even if the plant is rated at only 5 mgd, which he felt was a very conservative estimate of the plant's ability to function. He added that consultants hired by the City have assured staff that the city will have a greatly expanded capacity when hook- up to the pipeline occurs. In addition, there are many options open to the city which could increase the present capacity, he thought, and he did not support postponing the starting date for the alloca- tion and approval process. Mr. Reiners explained that the city's discharge into the Alameda Creek is governed by the provisions of an NPDES permit since Alameda Creek is a navigable waterway. Part of the conditions of the permit are that we build an export pipeline and he did not know what the EPA would impose on us in an amendment or modification of that permit. He said the city would have to apply to EPA for an amendment to the NPDES permit in order to find out exactly what they would require. Cm Dahlbacka commented that there is an institutional decision being made by the EPA and in the final analysis, all the things that are presently being discussed require some board or agency's decision to allocate funds and that will be the deciding factor if the project will be built or not. He was in favor of waiting until Step II funds were assured. Earl Mason, Associated Professions, stated if Council delays start- ing tentative maps at the Planning Commission level, it could result in a years delay for the builders. He felt it was very important to proceed now, allowing these to be approved at Planning Commission level so that building can proceed before the fall rains. Mr. Reiners mentioned that the General Plan no longer gives Council the authority to flatly deny based on lack of available capacity. He added that Council has made the pOlicy decision to provide that capacity; therefore it is available and it was his opinion that maps could not be turned down based on no capacity available under the General Plan. em Turner pointed out that receipt of 10% design money does not ensure the building of the project. THE MOTION WAS VOTED ON AND PASSED 3-2, CM DAHLBACKA AND MAYOR KAMENA DISSENTING. RULES SUSPENSION CM EBERT MOVED TO SUSPEND THE RULES TO PUT OFF ITEMS 4.3 AND 4.4, 1979 RESIDENTIAL SEWER ALLOCATION AND LOW/MODERATE HOUSING POLICY, TO A MEETING TO BE HELD MAY 2l, 1979~ AND TO TAKE ACTION TONIGHT ON ITEMS 5.2, 5.3, 5.6, THE CONSENT CALENDAR AND THE ORDINANCES. MOTION SECONDED BY CM DAHLBACKA. MAYOR KAMENA MADE AN AMENDING MOTION TO INCLUDE ADOPTION OF THE DEF- INITIONS FOR LOW/MODERATE INCOME HOUSING, SECONDED BY CM DAHLBACKA. Cm Turner raised a point of order as to proper procedure. As a result CM EBERT MADE A SUBSTITUTE MOTION TO EXTEND THE MEETING TO l2:05 A.M. AND TO SUSPEND THE RULES, SECONDED BY CM DAHLBACKA. THE MOTION WAS VOTED ON AND PASSED 4-1, CM TURNER DISSENTING. CM-36-143 May l4, 1979 (Re Rules Suspension) CM EBERT MOVED TO CONTINUE ITEMS 4.3, 4.4, 4.5, 4.6, 5.1, 5.4 AND 5.5 TO A MEETING TO BE HELD MAY 21, 1979; SECONDED BY CM STALEY. MAYOR KAMENA MOVED TO AMEND THE MOTION TO INCLUDE ADOPTION OF THE DEFINITIONS OF LOW/MODERATE INCOME HOUSING AS RECOMMENDED BY STAFF, THE PLANNING COMMISSION AND THE HOUSING COORDINATION COMMITTEE, SECONDED BY CM STALEY. IT WAS THE CONSENSUS OF THE COUNCIL TO INCLUDE ITEM 5.3 IN THE MAIN MOTION. THE AMENDING MOTION WAS VOTED ON AND PASSED 4-1, CM TURNER DISSENTING. THE MAIN MOTION WAS VOTED ON AND PASSED 4-1, CM TURNER DISSENTING. RE PROPOSED RESEARCH DRIVE IMPROVEMENT BENEFIT DISTRICT ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY A VOTE OF 4-l, CM TURNER DISSENTING, A PUBLIC HEARING WAS SET FOR MAY 29, 1979 FOR THE PROPOSED RESEARCH DRIVE IMPROVEMENT BENEFIT DISTRICT. SUMMARIES OF ACTION ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY A VOTE OF 4-1, CM TURNER DISSENTING, THE SUMMARY OF ACTION OF THE PLANNING COMMISSION MEETING OF MAY I AND A SUMMARY (MINUTES) OF ZONING ADMIN- ISTRATOR'S ACTION TAKEN MAY 8, 1979 WAS NOTED FOR FILING. CONSENT CALENDAR Planning Commission Minutes of April 3, 10 and 17, 1979 The Planning Commission minutes for the meetings of April 3, 10 and 17, 1979, were submitted for informational purposes. Resos. re Appointments The Council adopted Resolutions of Appointment as follows: RESOLUTION NO. 119-79 A RESOLUTION FOR APPOINTMENT TO THE HOUSING COORDINATION (Douglas Brower) RESOLUTION NO. 120-79 A RESOLUTION FOR REAPPOINTMENT TO THE BEAUTIFICATION COMMITTEE (Ayn Wieskamp) RESOLUTION NO. 121-79 A RESOLUTION FOR APPOINTMENT TO THE BEAUTIFICATION COMMITTEE (Jim Morris) CM-36-144 May 14, 1979 Reso. Rejecting Claim The Council adopted a resolution rejecting the claim of Michael Kellman. RESOLUTION NO. 122-79 A RESOLUTION REJECTING CLAIM (Michael Kellman) Resos. Reflecting Prior Council Action The Council adopted two resolutions reflecting City Council action taken April 30 regarding the General Plan relative to: l) sewage treatment and basis for calculations, capacity and short-range allocations 2) establishing annexation policy RESOLUTION NO. 123-79 A RESOLUTION AMENDING THE LIVERMORE GENERAL PLAN RESOLUTION NO. 124-79 A RESOLUTION ESTABLISHING ANNEXATION POLICY Re Telephone System Financing Agreement Staff has solicited financing proposals for telephone equipment from a major leasing company and all of the local banks. The following resolution authorizes the City Manager to sign a five year lease purchase agreement at 6.5% annual interest with United California Bank. RESOLUTION NO. 125-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (United California Bank) Reso. re Danat Inv. Co. The Council adopted a resolution authorizing execution of agreement with Danat Investment Co. for a fifth amendment to agreement, for dedication and improvements, dated May 15, 1978. RESOLUTION NO. 126-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Danat Investment Company) Reso. re Score Card Printing - Golf Courses The Council adopted a resolution authorizing the City to enter into an agreement with Sports Score Company to obtain score cards for the Las positas and Springtown Golf Courses. RESOLUTION NO. l27-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Sports Score Company) CM-36-l45 May 14, 1979 Adoption of provisions of Code of Civil Procedure The Council adopted a resolution which adopts provisions of the Code of Civil Procedure Section 1094.6, providing for a short (90 days) statute of limitations on review in Superior Court of administrative decisions. RESOLUTION NO. 128-79 RESOLUTION ADOPTING PROVISIONS OF CODE OF CIVIL PROCEDURE SECTION 1094.6 Bid Award for Bus System Benches Formal bids were solicited for the purchase of 6l wooden benches to be assembled and installed by the City at the various bus stop lo- cations. The bid was awarded to British-American Marketing Services, Ltd. for Burma Teak benches for total bid price of $13,115.00. Mayor Kamena requested that a response be made by City staff to the lady who wrote the City recently with regard to the placement of benches on School Street. RESOLUTION NO. 129-79 A RESOLUTION AWARDING BID AND AUTHORIZING EXECUTION OF AGREEMENT (British-American Marketing Services, Ltd.) Re Leahy Square/MSC Landscaping The Council adopted a resolution amending the 1978-79 Block Grant Budget to appropriate $2,400 additional to Leahy Square landscaping and $31,500 additional to Multi-Service Center landscaping. Council also authorized staff to advertise for bids on the Multi-Service Center Irrigation and Landscape Project. RESOLUTION NO. 130-79 A RESOLUTION AMENDING HCD BUDGET TO ALLOW FOR EXPENDITURES TO PROVIDE FOR LANDSCAPING AND IRRIGATION AT LEAHY SQUARE AND THE MULTI-SERVICE CENTER GROUNDS Sewer Construction Projects The Council authorized staff to call for bids on the South US" St. Sewer Construction, Holmes to Stanley, Project 79-18, and Palm Ave. Sewer Reconstruction, South "G" to South "I", Project 79-19. Re First Street Alignment Project The Council authorized the staff to execute a change order on the First street Realignment Contract to allow the reconstruction of the east end of Railroad Avenue to avoid later removal of completed work. Payroll and Claims There were 131 claims in the amount of $256,592.04 and 296 Payroll warrants in the amount of $115,269.08 for a total of $37l,861.l2, dated April 19, 1979, and approved by the City Manager. There were 83 claims in the amount of $57,320.94, dated April 25, 1979 and approved by the City Manager. There were ll9 claims in the amount of $347,573.80, 305 payroll warrants in the amount of $120,692.73, less Time Deposit of $200,000.00, less Treasury Bill in the amount of $95,207.33, less a Time Deposit of $200,000.00 for a total of $963,473.86, dated May 4, 1979, and approved by the City Manager. CM-36-146 May l4, 1979 CONSENT CALENDAR APPROVAL ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY A VOTE OF 4-l, CM TURNER DISSENTING, THE CONSENT CALENDAR WAS APPROVED. CM EBERT ALSO VOTED NAYE ON ITEM 6.9 (BID AWARD FOR BUS SYSTEM BENCHES). MATTERS INITIATED BY STAFF & COUNCILMEMBERS As requested by Mayor Kamena, the Council authorized him to sign a resolution recommended by the Alameda County Board of Supervisors with regard to WE TIP, a drug information gathering organization. Council also authorized Mr. Nies to contact ABAG in an attempt to correct their population estimates for this city which are in error. Future funding will be dependent on population estimates. ORD. RE AIRPORT RULES AND REGULATIONS ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED AN ORDINANCE REGARDING A MUNICIPAL CODE AMENDMENT RELATIVE TO ADOPTION OF AIRPORT RULES AND REGULATIONS. ORDINANCE NO. 987 AN ORDINANCE AMENDING CHAPTER 3A, RELATING TO THE AIRPORT, OF THE LIVERMORE CITY CODE, 1959, BY THE ADDITION OF ARTICLE II, RELATING TO AIRPORT RULES AND REGULATIONS. INTRO. OF ORD. RE PARKING CHANGES ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COUNCIL INTRODUCED AND READ BY TITLE ONLY THE ZONING ORDINANCE AMENDMENT TO REFLECT PARKING CHANGES IN VARIOUS DISTRICTS. This ordinance reflects Council action fOllowing a public hearing. INTRO. OF ORD. RE NATIONAL ELECTRICAL CODE ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COUNCIL INTRODUCED AND READ BY TITLE ONLY THE MUNICIPAL CODE AMENDMENT TO ADOPT THE 1978 NATIONAL ELECTRICAL CODE, BY REFERENCE. Hearing is set for June 11, 1979. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 12:l5 a.m. The next City Council meeting will be held May 21, 1979 at 8:00 p.m. APPROVE /JJ1 tJA'dUfLL crI~ Mayor ATTEST '\ ( ", CM-36-l47 Adjourned Regular Meeting of May 21, 1979 An adjourned regular meeting of the Livermore City Council was held on Monday, May 21, 1979, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Kamena. ROLL CALL Present: Cm Dahlbacka, Ebert, and Mayor Kamena Absent: Cm Staley, ~urner (both seated during meeting) PLEDGE OF ALLEGIANCE Mayor Kamena led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. OPEN FORUM (Re Hindu Center) Muthuraman Iyer, Hindu Community and Cultural Center, stated that his group was attempting to establish a cultural and cummunity center for people who come from India, Fiji, Malaysia and other Hindu areas. The group includes about 2;000 familiès.from throughout the B~y area, most being well'-eduaa~ed, including engineers, doctors, scientists and business people. They would not be a nuisance, but would be a welcome addition to the community. Mr. Iyer explained that the group is presently looking at some property on Vasco Rd. next to the City boundary which they hope will be suitable. He added that the Hindu community needs the understanding of the people of Livermore. (Cm Staley seated) Mayor Kamena said that it was his understanding that the Hindu Com- munity needed the assistance of the Planning Dept. regarding the acceptability of the zoning, potential for possible annexation, ex- tension of facilities, appropriateness of the application and prop- er procedures and referred Mr. Iyer to Howard Nies, Director of Planning. (Re Intel Allocation) Dan Spruiell, 1900 Buena Vista, complimented the Council on their approval of additional sewer capacity for Intel. He asked Council and the Planning Commission to consider housing for the additional employees since the shortage of gas makes commuting impractical. (Re Planning Commission Resignation) Mike Burger, l023 Sherry Way, stated that his resignation from the Planning Commission was a very serious move on his part, in spite of its political nature. He felt it was the strongest way he could demonstrate the severity of the problem between the City Council and the Planning Commission. The two major problems, he felt, were a pOlicy conflict between the two boards, and Planning Commission decisions based on the intent to sabotage Council's encouragement of limited growth. His hope was that Council would take some action to solve these problems and asked for a rules suspension to allow debate on the issue tonight. ON MOTION OF CM EBERT, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, THE RULES WERE SUSPENDED FOR THE PURPOSE OF DISCUSSION OF THE BASIC DIFFERENCES BETWEEN THE POSITION OF THE PLANNING COMMISSION AND THAT OF THE COUNCIL ON A NUMBER OF ISSUES RELATING TO ADDITIONAL GROWTH IN LIVERMORE, THE DISCUSSION TO TAKE PLACE AT ITEM 7 OF TONIGHT'S AGENDA. Mel Luna, 723 Via Del Sol, Planning Commissioner, stated that his concern was policy-making at the Planning Commission level regarding no-growth. CM-36-l48 May 2l, 1979 RE SCHOOL FINANCING Mayor Kamena submitted a copy of a letter approved by the LVJUSD Board of Education requesting the State of California to implement a long-range comprehensive program with adequate financing to meet the needs of the people of Livermore. The Board of Education asked that Council add their signatures to the letter. ON MOTION OF CM STALEY, SECONDED BY MAYOR KAMENA, AND BY UNANIMOUS VOTE, THE RULES WERE SUSPENDED TO AUTHORIZE THE MAYOR TO SIGN THE LETTER TO THE STATE OF CALIFORNIA. APPEAL RE PROPOSED MEDIAN, 4514 FIRST ST. The Council considered an appeal from the Planning Commission decision of May 15, 1979, regarding property at 4514 First Street, the need for a proposed median and the cost to the developers, Victor and Betty Baldi. Dan Lee, Director of Public Works, explained that the proposed median would be a raised median, partly hard surface and partly landscaped with plantings. He added that different kinds of treat- ment do not usually modify the initial cost, and pointed out that a median will be eventually constructed from I-580 to portola Ave. which would include the area under discussion. He felt it was nec- essary because of the traffic which would be generated by this bus- iness and future businesses. Council policy regarding responsibility for median construction needs to be clarified, he added. Establishment of a benefit district was dicussed. Gary Reiners, City Attorney, commented that it could be done conceptually, but there would be great difficulty in computing the benefit to each property involved. Cm Ebert was not in favor of requiring construction of the median. He felt the cost should be shared by subsequent property owners and not be the sole burden of the developer. Traffic safety factors were discussed relative to future development of the area. Mr. Reiners explained that if the existing condition is reasonably related to the burden imposed by the development on the general public, the Council has the discretion to require that burden be alleviated by the construction of whatever is necessary. Cm Ebert did not oppose requiring the developer to put in a median, if it is necessary at present or in the near future, but did not feel that it would be needed on First Street for many years and requiring it now would be an unreasonable burden on the developer. Mr. Reiners remarked that there have been recent changes in the Sub- division Map Act that authorize different mechanisms for securing the performance of improvement agreements that do not involve money up front. He suggested that Council could consider this type of technique in a CUP development agreement situation. Mr. Lee felt that a median was necessary but its need would depend on the rate of development in the area, if the proposed aquatic park is built and the impact that the Intel expansion would have on traffic. If the developer does not pay for the median, it would have to come out of taxpayer revenues, it was noted. Cm Staley felt that the median would be necessary eventually and thought it appropriate that the developer bear the cost, but was willing to try to find a way to spread that cost over as many years as possible. CM-36-l49 May 21, 1979 (Re Appeal, 4514 lst St.) Carol Briggs, representing the applicant, stated that the original estimate of the cost of the median was $2,000, later revised to $32,000 and questioned whether the change in cost related to the median design. She also asked if monies paid into a trust fund would be returned if the median was not built. Mr. Lee indicated that the median would be eventually built. Council and staff discussed the mechanics of a lien placed on the property persuant to a contract which would spell out the time and the terms of the agreement as determined by staff. Various options were mentioned. (Cm Turner seated) Victor Baldi, applicant, did not feel that his business would gen- erate a great deal of traffic. Mr. Lee commented that if all the property along First St. is developed a great deal of traffic would be generated in addition to the heavy use it already receives and felt the medians would prevent problem cross traffic and make it safe to travel on First Street. Mr. Baldi commented that the median would benefit the property directly behind him when it is developed but it would not be required to pay the costs that he is being re- quired to pay. CM EBERT MOVED TO UPHOLD THE CUP, MINUS THE REQUIREMENT FOR THE MEDIAN, UNTIL SUCH TIME AS THE MEDIAN IS TO BE BUILT AND AT THAT TIME THE INDIVIDUAL PROPERTY OWNERS FRONTING ON THE AREA OF THE MEDIAN BE REQUIRED TO DEFRAY ITS COST AS WOULD BE THE CASE REGARD- ING SIDEWALKS, SECONDED BY CM TURNER. Following a legal point raised by Mr. Reiners, Cm Ebert restated his motion as follows: MOVE TO ESTABLISH A LIEN ON THE PROPERTY WHICH REQUIRES THE FRONTAGE TO PAY 50% OR ITS PROPORTIONAL SHARE OF THE MEDIAN IN THE CENTER OF THE STREET, IF IT IS EVER DEVEL- OPED, BASED ON FRONT FOOTAGE; MOTION SECONDED BY CM STALEY. Mr. Reiners indicated that there were many ways to protect the City and delay the cost until the median goes in, by bonding, by establishing a trust fund, or by imposing a lien although he was not sure if the city could impose a lien for a requirement which is not reduced to some monetary figure. (RECESS) Mayor Kamena called for a brief recess after which the meeting resumed with all present. Mr. Baldi indicated that he would agree to a lien which stated "if the median was needed". Cm Dahlbacka suggested a general Council pOlicy discussion at a later date to clarify Council policy regarding the funding of future public works improvements. It was mentioned that Codiroli Ford and Dunn Chevrolet were not required to build medians, a cost which must be borne by the tax- payers at some later time. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. A resolution will be prepared for the next regular meeting's Consent Calendar. CM-36-l50 May 2l, 1979 1979 RESIDENTIAL SEWER ALLOCATION - - L/M INCOME HOUSING POLICY Discussion regarding this item was continued from the meeting of May 14, 1979, at which time council approved a motion to start the allocation and approval process on May l5, 1979. Also adopted was a definition for low and moderate income housing. Mayor Kamena noted that Council must now specify the degree of separation of the 50,000 gallons for conventional housing as opposed to the low/moder- ate housing reservation of 30,000 gallons. CM DAHLBACKA MOVED TO SEPARATE THE 30,000 RESERVATION FOR LOW AND MODERATE COST HOUSING EXCLUSIVELY WITH A MINIMUM OF 30% OF THE PRO- JECT TO BE LOW INCOME. MOTION DIED FOR LACK OF SECOND. CM EBERT MOVED TO PERMIT AND SPECIFY THAT THE 30,000 GALLONS FOR LOW/ MODERATE INCOME HOUSING BE SIMPLY FOR LOW/MODERATE INCOME HOUSING AND THAT ANY LOW OR MODERATE INCOME HOUSING UNITS THAT ARE APPROVED CAN COME FROM THAT RESERVATION; SECONDED BY CM TURNER. Cm Ebert clarified his motion by saying that the sense of his motion is that wherever the low and moderate income housing is built, its allocation will come out of the 30,000 gallons; and the 50,000 gal- lons will go to conventional housing. em Staley said he would like to see Council drop the moderate, drop the requirement of 10% in each development to be low/moderate, and instead reserve that 30,000 gallons for low income housing only, and make a requirement that it be lO% low in each year's 2% allocation. Cm Ebert pointed out that a General Plan amendment would be required. He did not feel it was part of the motion or part of the item under discussion. Cm Staley said the motion does not have his complete support because it does not agree with what he would like to see done in this area. He agreed that what he has in mind does require a General Plan amend- ment, but after a year of study he feels the City has to have a com- mitment to house people that have need in the community. He was not in favor of doing that in a way that establishes a bureaucracy for the enforcement of that particular mechanism which outweighs the cost benefit to the citizens. He also did not support a plan that requires lO% of each development because he had come to the conclu- sion that the developer does not pay the cost, instead it is borne by the other 90% of the people who purchase the new housing. He suggested a complete departure from the past in reserving the 30,000 gallons for low cost housing, 50,000 gallons for any other housing, and the dropping of the moderate requirement completely. Cm Ebert felt the motion spoke to the issue at hand and did not support Cm Staley's position because of the time which it would involve. He did not feel that a developer could build a house sell- ing for $40,000 profitably, that the cost would be indirectly under- written by others that the developer is building homes for. Cm Staley indicated that ownership is not a requirement for low cost housing and added that he felt that low cost housing will continue to be multiple, with ownership remaining with the developer or the investor. He added he could support a motion that allocates the 30,000 to low cost housing and that states that any low cost housing comes out of that 30,000. Mike Farley, Kaufman & Broad, indicated that the reason his company has made application for moderate income oriented buyers is because of the separate quantity of sewage treatment capacity set aside for that category. There was the incentive that projects built in that category would receive consideration outside of other capacity allo- cations for conventional housing. He added that to say that because of the many applications for the moderate category, the 30,000 CM-36-l5l May 21, 1979 (Re Sewer Allocation & L/M Housing Policy) gallons should be reserved for low income housing, would in effect remove the incentive that brought the moderate income applications to the City. Section 8 housing was mentioned and discussed in relation to the 20% requirement. It was explained that it was probably the most feasible method of building low cost housing in Livermore. Cm Turner commented that with the limited amount of capacity that remains and until the new portion of the plant is on-line, the City should continue to encourage, rather than require, the developer to build low income housing. He did not feel it was a good idea to tie up 30,000 gallons for low income housing when no applications have been received for that type of housing. Mayor Kamena agreed with Cm Staley in terms of the separation of the low and moderate and felt that it was difficult financially to produce a low income unit. He was also in favor of the 10% goal being on a yearly basis rather than a project basis, with an 8,000 allocation reservation for low income housing only, the remaining 22,000 gallons being reserved for moderate income housing. MAYOR KAMENA MADE A SUBSTITUTE MOTION TO RESERVE 8,000 OF THE 30,000 GALLONS FOR LOW COST HOUSING, THE REMAINING 22,000 GALLONS FOR MODERATE COST HOUSING, AND 50,000 GALLONS FOR ANY KIND OF HOUSING, SECONDED BY CM TURNER. MOTION PASSED UNANIMOUSLY. Regarding determination of the actual allocation procedure, CM TURNER MOVED THAT THE ALLOCATION PROCEDURE BE ON A FIRST-COME, FIRST-SERVE BASIS, SECONDED BY CM EBERT. THE MOTION WAS VOTED ON AND FAILED TO PASS ON A VOTE OF 2-3, CM DAHLBACKA, STALEY AND MAYOR KAMENA DISSENTING. MAYOR KAMENA MOVED TO DETERMINE THE ALLOCATION PROCEDURE FOR BUILD- ING PERMITS FOR THE CALENDAR YEAR 1979 TO BE THE LIVERMORE RESIDEN- TIAL DEVELOPMENT PLAN, WITH THE FOLLOWING CONDITIONS: I) THE PLANNING COMMISSION IS AUTHORIZED TO START THE RDP PROCESS ON MAY 22, 1979, 2) THE PLANNING COMMISSION SUBMIT THEIR FINAL RECOMMENDATIONS ON 1979 RESIDENTIAL ALLOCATIONS TO THE CITY COUNCIL ON OR BEFORE AUGUST 13, 1979, 3) THE LIST OF APPLICANTS WHO HAVE FILED TENTATIVE TRACTS, SITE PLANS, OR OTHER RESIDENTIAL APPLICATIONS AS OF APRIL l5, 1979, BE THE ONLY APPLICATIONS CONSIDERED FOR THE 1979 RDP, 4) EXISTING LOTS OF RECORD WHICH WOULD ALLOW CONSTRUCTION OF 4 UNITS OR LESS BE EXEMPT FROM THE RDP. MOTION SECONDED BY CM STALEY. Cm Dahlbacka questioned if the motion applied only to the 50,000 gallon allocation or if it included the entire 80,000 gallons since he did not want to preclude a project with some low cost housing in it. Mayor Kamena explained that the low cost housing would come from the 8,000 allocation, the remaining from the moderate if it was moderate and there were moderate allocations available; if no moderate allocations were available it could come from the 50,000 gallon reservation. If the 8,000 allocation was not used in one calendar year, he hoped that it would be added on to the next year's reservation. The first-come, first-serve mechanism was discussed. Mr. Reiners explained that first-come, first-serve was not designated as the method that would be used for this year's pOlicy. The City Council, specifically declined, a few weeks ago, to establish any sort of system for allocation; it was deferred until last week's meeting and then was continued to tonight's meeting, he noted. The Council CM-36-l52 May 21, 1979 (Re Sewer Allocation & L/M Housing Policy) did specifically move not to implement the RDP, the sense of the motion being a modified RDP, that would apply RDP principles to the first-come, first-serve list. Cm Turner pointed out that people who had applied in 1979 assumed that Council would continue with the first-corne, first-serve basis for that year because Council had stated that it would. There will be problems, he stated, as far as the plans that they have submitted because many of the plans will not conform or will not be very high on the list under the RDP program because of the point qualifica-. tions. He suggested that maybe many of those applications would not have been submitted the way they were submitted because they will not fit within the RDP. He asked if the motion's intent was to limit applications to those already on the list and Mayor Kamena agreed that it was. Cm Turner felt that waiting till August for approval from the Planning Commission may delay the developers past the building season, and noted that the applicants on the list have made plans, spent money and made commitments based on the first- come, first-serve basis. He also felt that discussion should be devoted to the Andersen project, an un annexed property which has 50 permits. Mayor Kamena stated that the mechanism for the interim sewer policy was for a year period and would self-destruct when conditions of the General Plan or the RDP superseded it. Cm Staley acknowledged that all the individual problems cannot be solved equitably for all the developers, some hardships will be created. He felt Council's first responsibility was to look to the needs of the city of Livermore and thought the best interests of the city, in the long run, would be served by the RDP. He admitted that starting the RDP would create some hardships, which he was not happy with, but which he felt could not be avoided. Earl Mason, Associated Professions, indicated that late last fall, the understanding of the developers was that Council made a decision to start the 1979 allocations on a first-come, first-serve basis and the process was continued on that basis, maps were submitted, accepted, and processed and sent to the Planning Commission. Mayor Kamena declared Mr. Mason out of order. Mr. Farley commented that Cm Turner made a motion at a previous meeting to start the RDP in 1980 with applications being received beginning in June of 1979, the motion being approved by the Council. Mr. Reiners stated that Council could rescind previous action. He also noted that the essence of the RDP is a free-for-all application period in which any number of potential developments are competing with one another for a specific fixed number of allocations. Where you have a small number of developments, he continued, and are not opening it up to further applications, a very different situation exists from the RDP which was adopted by the City some time ago. What exists is a ranked list that is being evaluated with RDP prin- ciples, he said, and felt the motion on the floor was in order. Cm Dahlbacka asked if there was any support from other Council- members to delay the starting date for one month. There was none. THE MOTION WAS VOTED ON AND PASSED 3-2, CM EBERT AND TURNER DISSENTING. CM-36-153 May 21, 1979 (Re Sewer Allocation & L/M Housing Policy) Discussion followed on how annexation will be treated with regard to permits if construction is requested and how annexation will affect the 2% growth limitation if no construction is requested. Regarding the Andersen property, Mayor Kamena stated that he had asked Mr. Andersen and Mr. Madis if they would be willing to submit a letter to the city indicating their willingness to construct their own discrete sewer treatment plant. Since they had agreed, Mayor Kamena suggested that this may be a mechanism for the removal of the Andersen property from the competition list this year and at the same time allow the city to study the discrete sewer plant to determine its suitability. It would allow the Andersen property to develop in an orderly fashion, he added. ~~YOR KAMENA MOVED TO REQUEST THAT COUNCIL AGREE IN PRINCIPLE TO CONSIDER THE PACKAGE PLANT CONCEPT AND ASK STAFF FOR A FEASIBILITY REPORT AND RECO~1MENDATION TO COUNCIL AS A FUTURE AGENDA ITEM, SECONDED BY CM STALEY. Cm Turner noted that this Council has, in the past, been opposed to discrete sewage treatment plants. Cm Staley mentioned, that to his knowledge, the Council has never taken a position opposing dis- crete sewer treatment plants, although Council has taken a position opposing any discrete sewer treatment plants outside of municipal control. Cm Turner's position on the motion was that this was a request from Mr. Andersen and should be referred to staff and placed as an agenda item for consideration by the Council. He did not think that Council should be voting in principle to accept something when there are no facts or knowledge available about it. Cm Dahlbacka mentioned that there were questions about the 2% growth rate embodied in this item and could not support the motion to accept it in principle but could accept setting it as an agenda item. THE MOTION WAS VOTED ON AND PASSED 3-2, CM DAHLBACKA AND TURNER DISSENTING. Discussion followed on determination if the previous approval of a reservation for 30 lots of record for construction of 4 units or less is a separate issue from the 80,000 gallons which have been recently amended from the General Plan. Mr. Reiners explained that the 30 lots of record did not have to fall under the 4.6 mgd because they were covered by the short-range allocation which mentioned them as commitments to lots of record, so technically they could have been considered as beyond the 4.6 and into the .4 mgd remaining capacity. CM EBERT MOVED TO EXCLUDE THE 30 LOTS OF RECORD FROM THE RDP AND THE 80,000 GALLON ALLOCATION, SECONDED BY CM DAHLBACKA. MOTION PASSED 4-1, CM TURNER DISSENTING. Regarding a request by Kerry Taylor, MAYOR KAMENA MOVED A FIRST AMENDMENT TO RESO. 55-75, WHICH DEALT WITH 4 LOTS OR LESS FROM ONE LOT OF RECORD, SECONDED BY CM STALEY. MOTION PASSED UNANIMOUSLY. Cm Turner asked staff for an updated, realistic list of anticipated commercial and industrial sewer usage. Regarding implementation of the low/moderate allocation procedure, CM STALEY MOVED TO SET AS THE POLICY OF THE COUNCIL THAT THE 10% BE FOR LOW INCOME HOUSING ONLY, THAT IT BE OUT OF THE TOTAL 2% GROWTH RATE EACH YEAR, AND THAT THE GENERAL PLAN BE AMENDED ACCORD- INGLY, SECONDED BY MAYOR KAMENA. CM-36-l54 May 2l, 1979 (Re Sewer Allocation & L/M Housing Policy) MAYOR KAMENA MADE AN AMENDING MOTION THAT IT BE THE COUNCIL'S INTENT TO SET THE NECESSARY STEPS IN MOTION REGARDING THE POSSIBILITY OF AMENDING THE GENERAL PLAN SO THAT IT WOULD "ENCOURAGE" RATHER THAN BE A "REQUIREMENT", SECONDED BY CM TURNER. Cm Ebert did not support the motion because he felt that low income housing could not exist without some government subsidy. THE AMENDING MOTION WAS VOTED ON AND PASSED 3-2, CM DAHLBACKA AND EBERT DISSENTING. Cm Dahlbacka was not in favor of encouraging rather than requiring lO% for low income housing, although he would agree to averaging over a two to three year period. It was explained that current policy dictates that each development have lO% low/moderate housing. The motion on the floor would change that requirement so that each development would be encouraged to have lO% low income housing, so that the requirement would be for each 2% allocation. If the motion passes each project is not re- quired to have lO% low/moderate, but lO% low income housing will be required out of each year's 2% allocation, to be aggregated if not used. Upon advice of the City Attorney, it was agreed that referral to the Planning Commission was implicit within the motion. Cm Turner pointed out that the 2% is presently not allowed to accum- ulate, and felt Council should be consistent in its policy. A short discussion followed. THE MAIN MOTION WAS VOTED ON AND FAILED 2-3, CM STALEY AND MAYOR KAMENA IN THE MINORITY. CM DAHLBACKA MOVED TO REFER THE ISSUE OF LOW/MODERATE HOUSING AND THE POTENTIAL GENERAL PLAN AMENDMENT TO THE PLANNING COMMISSION, MOTION DIED FOR LACK OF SECOND. CM EBERT MOVED THAT THE 10% BE FOR LOW/MODERATE INCOME HOUSING, AND THAT IT BE OUT OF THE TOTAL 2% GROWTH RATE EACH YEAR RATHER THAN EACH DEVELOPMENT. MOTION DIED FOR LACK OF SECOND. CM EBERT RESTATED HIS MOTION, THAT THE 10% REQUIREMENT FOR LOW OR MODERATE INCOME HOUSING COME OUT OF THE GENERAL 2% GROWTH RATE POOL AND NOT BE A REQUIREMENT OF EACH INDIVIDUAL DEVELOPMENT, SECONDED BY MAYOR KAMENA. CM EBERT MADE AN AMENDING MOTION THAT lO% BE ALLOWED TO ACCUMULATE OR BE HELD BY AN INDIVIDUAL OR INDIVIDUALS. MOTION DIED FOR LACK OF SECOND. Cm Dahlbacka suggested referring the matter to the Planning Com- mission for study and recommendation to the Council. Mr. Reiners pointed out that the motion on the floor would require a General Plan amendment. Approval of the motion would in essence be a statement by the Council of what the Planning Commission will report on, he stated, which would include full discussion by the Planning Commission with any alternatives suggested by the Planning Commission. He added that the Council cannot change the General Plan without referring it to the Planning Commission. Cm Staley did not support the motion because he has pledged in the past to support that lO% be reserved for low income housing and felt that if the motion passed there would be little or no low in- come housing. CM-36-155 May 21, 1979 (Re Sewer Allocation & L/M Housing Policy) Cm Turner felt the greatest need in Livermore was for moderate income housing and supported the motion. THE MOTION WAS VOTED ON AND PASSED 3-2, CM DAHLBACKA AND STALEY DISSENTING. Cm Dahlbacka requested that Council consider the incentive of a den- sity bonus for low-cost projects and it was the consensus of Council to set it as an agenda item for discussion. ANNEXATION REQUEST, RICHARD FLETCHER Mr. Fletcher has applied for annexation to the City of a single parcel on South Livermore Avenue in the area of the Civic Center. The surrounding property is a County island. The Councilmembers discussed the septic tanks in the area, the possi- bility of connection to the sanitary sewer and future probable annex- ations in the surrounding area. CM EBERT MOVED TO APPROVE THE REQUEST WITH THE CONTINGENCY THAT IT BE HOOKED UP TO THE MUNICIPAL SEWER, SECONDED BY CM DAHLBACKA. Cm Turner was concerned about the public safety department's diffi- culty in determining legal jurisdictions. Rich Fletcher, 1252 DePaul, stated that the many property owners in the area would not annex until there was some incentive which the annexation and development of his property would provide. Mr. Reiners indicated that LAFCO would have to approve the appli- cation for annexation. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. DISCUSSION RE CHANGES IN AGENDA FORMAT Mayor Kamena requested Council's permission to revise Council Rules to provide for reordering the existing agenda items to accommodate those members of the audience present who are in attendance for specific items, when that reordering is not opposed by a majority of those Councilmembers present. em Turner commented that he had worked with the Council at one time where the majority allowed the Mayor to change the agenda and many times, he felt, it led to confusion, chaos and late hours, because people assume the printed agenda order will be followed. He felt it was important that the agenda stay in the order in which it is printed. Cm Dahlbacka agreed with Cm Turner's position and added that the Council still retains the power to suspend the rules with a 4/5 vote if a situation necessitates reordering. MAYOR KAMENA MOVED TO CHANGE THE COUNCIL POLICY TO PERMIT THE MAYOR, UNLESS THERE ARE THREE DISSENTING VOTES, TO REORDER THE AGENDA DURING THE COURSE OF THE MEETING TO ACCOMMODATE THE ORDERLY PROGRESS OF BUSINESS BY THE AUDIENCE, SECONDED BY CM STALEY. Cm Ebert felt the motion amounted to a carte blanche approval of suspension of the rules and could not support the motion. CM-36-156 May 21, 1979 (Re Agenda Changes) THE MOTION WAS VOTED ON AND WAS DEFEATED 3-2, CM STALEY AND MAYOR KAMENA IN THE MINORITY. CM DAHLBACKA MOVED THAT THE RULES BE MODIFIED TO INDICATE THAT THE MAYOR'S JOB STARTS ON APRIL 20, SECONDED BY MAYOR KAMENA. Mayor Kamena explained that the motion would align the policy with the existing rule. The policy currently states that reorganization will take place in the month of April in the next municipal election. Cm Turner pointed out that it was now ll:30 and the rules call for adjournment at that time. ADJOURNMENT ON MOTION OF CM EBERT, SECONDED BY CM TURNER AND BY A VOTE OF 3-2, CM STALEY AND MAYOR KAMENA DISSENTING, THE MEETING WAS ADJOURNED TO AN EXECUTIVE SESSION FOR THE DISCUSSION OF PERSONNEL MATTERS. The next City Council meeting will be held Tuesday, May 29, 1979. APPROVE /J1~~µ~ MwL ( ?L~ ATTEST Liver Regular Meeting of May 29, 1979 A regular meeting of the Livermore City Council was held on Tuesday, May 29, 1979, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Kamena. ROLL CALL Present: Cm Dahlbacka, Ebert, Turner and Mayor Kamena Absent: Cm Staley (seated later) PLEDGE OF ALLEGIANCE Mayor Kamena led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. MINUTES APPROVAL OF MAY 14, 1979 ON MOTION OF CM TURNER, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE MINUTES OF THE r.-mETING OF MAY l4, 1979 WERE APPROVED AS SUBMITTED. CM-36-157 May 29, 1979 OPEN FORUM (Re RDP) Mike Farley, Kaufman and Broad, requested Council to reconsider the commencement of the Residential Development Policy which was voted to start in 1979 and suggested the matter be reagendized for discussion of the merits of having it start in 1980. Starting in 1979 resulted in applications for project approvals being de- layed for three to four months and eliminated development activity from that group of applications causing an economic blow to those applicants who had a reasonable chance of project approvals under the first-come, first-serve list. Starting the RDP in 1979 would also waste staff and the Planning Commission's time he felt since extensive analysis has already been done on all of the 1979 appli- cations. Gary Reiners, City Attorney, explained that under the Council Rules of Procedure a motion to reconsider is in order only from a member of the prevailing side. Mayor Kamena felt that the previous Council decision was in the best interests of the city of Livermore and was not in favor of reconsideration. Cm Dahlbacka concurred. Cm Turner commented that he understood that since he was in the minority he could not ask for reconsideration of the item but added that he did intend to request under Matters Initiated that the item on the RDP be put back on the agenda solely to discuss the cost and impact on the City staff. (Cm Staley seated) (Re Leahy Square) Beverly ClYmer, member of the Board of Commissioners of the Liver- more Housing Authority, noted that groundbreaking ceremonies for the landscaping project will be held May 31, at 12:00, followed by a ceremony in the Community Building recognizing Barbara Slater. She invited the Council to be present. (Re Search of Private Property) Kay Parra, 819 Brennan Way, asked that measures be taken to ensure against an excessive number of police officers participating in the search of a private home, and asked that the matter be referred to the City Manager. Mrs. Parra's concerns were discussed and it was pointed out tha~ there are procedures and policies established to handle such con- cerns. It was suggested that these channels be followed. (Re Cancer - LLL) David Eller, 3797 Oregon Way, urged the City Council to write to the Department of Health regarding the cancer-producing hazards at Lawrence Livermore Laboratories. He urged that a comprehensive, non-partisan study be made. PUBLIC HEARING RE REVENUE SHARING FUNDS A public hearing was held on the proposed use of Federal Revenue Sharing Funds for 1979-80. Council policy has been to expend these monies exclusively on Capital Improvements; currently, towards the construction of the Administration Building. CM-36-l58 Hay 29, 1979 (Re P.H. - Revenue Sharing Funds) Mayor Kamena opened the public hearing. There was no input from the audience, so ON MOTION OF CM TURNER, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. A second public hearing, the "Budget Hearing", will be held after the proposed budget has been submitted to the City Council, but prior to its adoption. PUBLIC HEARING, RESEARCH DRIVE ASSESSMENT DIST. A public hearing was held regarding the proposed Research Drive Assessment District No. 79-1 establishment, and the hearing on any protests to the proposed improvements. Mayor Kamena opened the hearing for public comment. Joe Speral, 215l Vasco Rd., opposed the development of this area of farmland even though it is zoned industrial. He could not afford the $15,000 cost but was not in favor of the improvements even if there was no cost to him. Edwin Ness, bond counsel, Sturgis, Ness and Brunsell, stated that he had prepared resolutions to cover all possibilities and the public hearing could be continued for two weeks if that was Council's wish. Cm Turner commented that he had been unaware that there were resi- dences in the proposed Assessment District and would like a report from the staff regarding any costs that the area residents would be subjected to. It was explained that there are three property owners in the pro- posed District, the major landowner being Roger Shaheen, and a peti- tion signed by more than 60% of the area to be included in the dis- trict is sufficient to give the Council jurisdiction to proceed. It was pointed out that at the hearing, if there isn't a written pro- test by the owners of more than 50% of the area, the project may move ahead. John Bryant, 2127 Vasco Rd., did not feel that the amount of traffic on Vasco Rd., south of East Avenue, warranted widening it to four lanes. Lee Horner, City Manager, stated that there was some concern at staff level regarding the issue of how wide Vasco Road should be in this area and how extensive the improvements should be. ON MOTION OF CM EBERT, SECONDED BY CM TURNER, AND BY UNANIMOUS VOTE, A RESOLUTION WAS ADOPTED TO CONTINUE THE PUBLIC HEARING UNTIL JUNE ll, 1979. RESOLUTION NO. 131-79 RESOLUTION CONTINUING HEARING, RESEARCH DRIVE ASSESSMENT DISTRICT NO. 79-l P. H. - RESEARCH DRIVE BENEFIT DISTRICT 78-1 A public hearing was held regarding the proposed establishment of Research Drive Improvement Benefit District No. 78-1. There being no public input, ON MOTION OF CM EBERT, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE THE PUBLIC HEARING WAS CLOSED. CM-36-l59 May 29, 1979 (Re P.H., Research Dr. Benefit District) ON MOTION OF CM TURNER, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE STAFF RECOMMENDATION TO APPROVE BENEFIT DISTRICT NO. 78-l WAS ADOPTED. A resolution will be prepared for the next regular meeting's Consent Calendar. RE ACR NO. 30 RE STREET LIGHTING A request was received from Valerie RaYmond, Alameda County Super- visor, regarding Assembly Concurrent Resolution No. 30, a proposal to request the PUC to study rules and regulations governing street lighting service within local jurisdictions. Council support was requested. CM TURNER MOVED TO SUPPORT COMMISSIONER RAYMOND'S REQUEST, SECONDED BY CM DAHLBACKA. Discussion followed and it was the consensus of Council that the bill in its present form would not be very effective. The position of the Council was to wait and give its support to a better-written and more effective version of the resolution. ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, A LETTER WILL BE SENT TO SUPERVISOR RAYMOND BY MR. HORNER NOTIFYING HER OF THE COUNCIL'S POSITION. REQUEST RE PUBLIC WORKS REQUIREMENTS A request has been received from Ralph Kalibjian regarding a pro- posed development at 6364 N. Front Road. Specifically requested was a waiver of the public works improvements. Staff recommenda- tion is to allow the request providing that the existing lath house structure not be allowed to connect to the septic tank and no addi- tional structures be allowed on the site until full public works improvements are available. Council discussed the request and the staff recommendation and deter- mined that since the lath house does not need connection to the sep- tic tank to complete the building, the convers~on can be made, without public works improvements being required. Any use will have the re- quirement of obtaining a site plan approval and Business License. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED THE STAFF RECOMMENDATION. ANNUAL DEVELOPMENT FEES AND WATER RATE ADJUSTMENTS The City Code provides for an annual adjustment of the City Devel- opment fees to reflect the change in the Construction Cost Index. In addition the wholesale water rate, which the City must pay, has been increased and it is being recommended that the quantity rate for water which the City charges be increased in a like amount. ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THREE RESOLUTIONS WERE ADOPTED REFLECTING THE ADJUSTMENTS RECOMMENDED BY STAFF. CM-36-l60 May 29, 1979 (Re Fee and Rate Adjustments) RESOLUTION NO. l32-79 A RESOLUTION PROVIDING FOR THE ADJUSTMENT OF STORH DRAINAGE FEES FOR CALENDAR YEAR 1979 RESOLUTION NO. l33-79 A RESOLUTION ADJUSTING WATER RATES AND CHARGES, 1979 RESOLUTION NO. 134-79 A RESOLUTION PROVIDING FOR THE ADJUSTMENT OF PARK FEES FOR CALENDAR YEAR 1979 APPEAL - DENIAL OF CUP, LINDA HURLEY An appeal has been submitted by Ms. Linda Hurley, 2486 East Avenue regarding denial of a nursery school application. The staff did not make the findings to approve the CUP because of the traffic and safety problems related to the high volume of traffic on East Avenue during the drop off and pick up times for the children. Staff rec- ommendation was that the Council uphold the Planning Commission de- nial of subject use. ~1s. Hurley stated that she had met with City staff before purchasing the property and at no point was mention made of potential traffic problems. After purchasing the property, Mr. Horst from the Planning Department notified her that there may be traffic and safety prob- lems and there were questions regarding the proposed U-shapped drive. She added that since it would be a day-care center, the children would not all be arriving at the same time. Council discussed the parking available in the area, the proposed U-shaped drive and possible traffic problems. CM STALEY MOVED TO UPHOLD THE STAFF RECOMMENDATION AND THE PLANNING COMr1ISSION DENIAL, SECONDED BY CH DAHLBACKA. Cm Turner opposed the motion because the two existing nursery schools on East Ave. have created no problems. Cm Staley felt that approval would create a dangerous situation be- cause of the nearby congested intersection (Livermore and East Ave.) and the heavy flow of traffic on East Avenue. Cm Dahlbacka also expressed his concern with the potential safety problems related to the heavy traffic in the area. It was recommended that if the Council wishes to grant the appeal, that approval be subject to the conditions of approval of Conditional Use Permit 64-79, as noted by the Planning staff. CM EBERT MADE A SUBSTITUTE MOTION TO UPHOLD THE APPEAL SUBJECT TO THE CONDITIONS AS OUTLINED IN CUP 64-79 INCORPORATING ALL OF ITEMS A, B AND C WITH THE ADDITION TO ITEM B OF THE PROPERLY WORKED-OUT U-SHAPED DRIVEWAY WHICH WILL ACCOMODATE 4 VEHICLES, SECONDED BY CM TURNER. After further discussion, Mayor Kamena suggested continuing the item to June 11 to àllow further study if it was agreeable with Ms. Hurley. ON MOTION OF MAYOR KM1ENA, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE THE ITEM WAS CONTINUED TO THE MEETING OF JUNE 11, 1979. CM-36-161 May 29, 1979 RECESS -- A short recess was called by Mayor Kamena after which the meeting resumed with all members present. RATE INCREASE - CITY DISPOSAL SITE A report was received from the City Manager regarding a request from Ralph Properties, Inc. for a rate increase at the City's Dis- posal site. His recommendation was that Council approve the rate increase and instruct staff to come back with an amendment to the agreement for action at the next Council meeting. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE THE STAFF RECOMMENDATION WAS APPROVED. REPORT RE PROPOSED CHANGE IN PLANNING COMMISSION APPOINTMENTS A report submitted by Cm Turner recommended that Council change the appointment policy of Planning Commission members as follows: I) All members of the Commission would serve for four years as they do now, but their terms would end June 30th or about 90 days after a new Council is seated; 2) Their terms would be staggered like Council members, i.e., two members June 30th 1980 and three members on June 30th 1982. with the elected Mayor there is some discrepancy in that system but it is reasonable. He recommended that Council place the policy in effect June 30, 1979 by changing the expiration date of all Commission terms to be June 30, 1979. Mr. Reiners explained that Planning Commission membership is set by State law, the requirements being that a Planning Commission separate from the City Council be appointed by the City Council, composed of not fewer than 5 members, and that the terms and conditions of ten- ure be set by local ordinance. Our local ordinance fixes the terms of Livermore Planning Commissioners at 4 years each, staggers the terms, and provides no method for removal. He outlined some alter- natives regarding tenure of commissioners. Cm Turner pointed out that his proposal was not designed to termin- ate anyone from the Planning Commission, the dates proposed are simply to begin discussion of the issue. The Councilmembers discussed Cm Turner's proposal to reorganize the Planning Commission and comments were invited from the audience. CM TURNER MOVED THAT THE TERMS OF THE PLANNING COMMISSION BE SET AS FOLLOWS: THAT TWO MEMBER'S TERMS WOULD END ON JUNE 30, 1980, WITH THE REMAINING THREE MEMBERS TERMS TO END ON JUNE 30, 1982, THEREAFTER ALL TERMS TO BE FOR FOUR YEARS; IN ADDITION CM SIMEN- ON'S TERM TO END IN 1982, CM ZAGOTTA'S TERM IN 1980, CM BURGER'S TERM IN 1980,'CM LUNA'S TERM IN 1982 AND CM MASSEY'S TERM IN 1980. MOTION SECONDED BY CM STALEY. Mayor Kamena suggested a joint meeting between the Planning Com- mission and the City Council to discuss their differences. He also suggested that the City acquire an expert in General Plan philosophy, General Plan construction and implementation, and the Livermore zoning ordinances, so that study sessions can be held at appropriate intervals for those people who will be in- volved in making decisions to insure that they will be well-versed in the actual body of law that we have in Livermore. Mayor Kamena commented that he appreciated the extensive amount of homework time spent by Commissioners Luna and Burger during the time they have been on the Planning Commission, and added that the impact they have had on the Council and the Commission has not gone unnoticed. CM-36-l62 May 29, 1979 (Re Proposed Change in P.C. Appointments) Paul Kasameyer, 692 Jefferson, remarked that it was unlikely that the State would require the City to have a separate Planning Commis- sion unless it fulfilled a specific purpose. ~1r. Reiners stated that the State law was very sparsely worded and did not mention any specific purpose. Mr. Kasameyer added that he felt it was important that changes in the Planning Commission be gradual since it deals with long-term issues. Diversity of opinion, he thought, is inherent in any important issue but should not deteriorate into bickering. Cm Turner agreed that there was a need for longevity on the Planning Commission. David Madis, lOll Geneva, felt that the Planning Commission should reflect the policies of the City Council. Mel Luna, Planning Commissioner, felt that policy-making should not be within the Planning Commission's responsibilities, that they should simply debate each issue that comes before them. He felt the Planning Commission exists to do some of the Council's homework, to give them input, and to make recommendations, not to make the final decisions. Mike Burger, l023 Sherry Way, Planning Commissioner, stated that he applied for the Planning Commission because he likes to see the free market place work and wanted to see the climate of business in Liver- more improve. He noted that everyone has a different idea of what's best for Livermore. He saw the Planning Commission as a tool for im- plementation of the actions of the City Council and felt that any attempt to reduce that positive direction is detrimental to the City of Livermore. THE MOTION \vAS VOTED ON AND FAILED TO PASS ON A VOTE OF 4-1, CM TURNER IN THE MINORITY. MAYOR KM1ENA MOVED THAT A JOINT MEETING BE HELD BETTVEEN THE CITY COUNCIL AND THE PLANNING COr~~ISSION, SECONDED BY CM STALEY. Cm Turner felt that if the Planning Commission has some internal prob- lems they should discuss that as an agenda item with a report if they so wish to the Council. Cm Staley was in favor of the motion because he felt the Planning Commission is in existence to carry out the policy of the Council, which includes Council action as well as the General Plan. AN AMENDMENT WAS THEN MOVED BY CM DAHLBACKA, SECONDED BY CM TURNER, THAT THE MEETING BE HELD UPON REQUEST OF THE PLANNING COW1ISSION FOR A JOTNT MEETING, WHICH PASSED 3-2, CM STALEY AND ~1AYOR KAMENA DIS- SENTING. THE MAIN MOTION WAS VOTED ON AND PASSED 4-1, CM TURNER DISSENTING. Further discussion was devoted to the possibility of a seminar on the General Plan to be held at Chabot Valley Campus which might resolve some of the differences between the City Council and the Planning commission. RULES SUSPENSION ON MOTION OF CM EBERT, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE RULES ìVERE SUSPENDED TO ALLOW THE MEETING TO CONTINUE TO ll:45. CM-36-l63 May 29, 1979 APPEALS TO G. P. AMENDMENT DENIALS When the Planning Commission denies a General Plan Amendment which has been initiated by the property owner or by the Commission itself, the property owner's only recourse is to formally petition the City Council for the same amendment and Council must then refer the matter back to the Planning Commission for its recommendation, a duplication of effort and delay in final decision. Staff is recommending that Council adopt a resolution establishing a policy of automatic referral to the City Council of Planning Commission denials on such requests (at the owner's request). ON MOTION OF CM EBERT, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE STAFF RECOMMENDATION WAS ADOPTED. RESOLUTION NO. l35-79 A RESOLUTION ESTABLISHING A POLICY OF AUTOMATIC REFERRAL AT PROPERTY OWNER'S REQUEST ANY GENERAL PLAN AMENDMENT DENIED BY THE PLANNING COMMISSION. APPEALS TO GENERAL PLAN AMENDMENTS The Planning Commission recommended approval and that a public hearing be set for the following amendments to the General Plan: 1) Establishing Community Commercial designation and applying it at I-580 and North Livermore Avenue. 2) Text changes re property at I-580 and North Livermore Avenue 3) Deleting two "CN" designations It was the consensus of Council to set the hearing for June l8, 1979, and to include in the hearing various appeals to Commission denial of General Plan amendments submitted by CoL/Palomar/Shean, Steve Palmer (Palomar Financial), and Lagiss, Nelson and Dold. FEE FOR RDP AND PARCEL MAP WAIVER A report was received from the Planning Director regarding fees for the Residential Development Policy and Parcel Map Waivers, recom- mending that Resolution No. 199-78 be changed to include two fee changes of $lOO.OO for RDP permit and $50.00 for Parcel Map Waiver. ON MOTION OF CM EBERT, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE THE STAFF RECOMMENDATION WAS ADOPTED. RESOLUTION NO. 136-79 A RESOLUTION ESTABLISHING FEES FOR PLANNING REVIEW AND FILING OF PLANNING PERMIT APPLICATIONS AND SUBDIVISION AND PARCEL MAPS. REPORT RE TRUCK TRAFFIC TO FREEWAY There are now no signs on I-580 denoting truck traffic over 6,000 pounds to North Livermore and First St. City truck routes. It was the consensus of Council to request CAL TRANS to install signs at each end of Livermore on I-580 limiting trucks to First St. and North Livermore Ave. A resolution will be prepared for the next regular meeting's Consent Calendar. CM-36-164 May 29, 1979 PLANNING COMMISSION MINUTES AND SUMMARY The summary of action of the Planning Commission meetings of May 15 and May 22, 1979 and the minutes of the meeting of May 1, 1979 were submitted for informational purposes. REZONING REQUEST - FOODMAKERS, l817 FIRST ST. Foodmakers, Inc. submitted a request for rezoning for property located at 1817 First St. The Planning Commission has adopted Resolution No. 29-79, recommending approval and that the Negative Declaration be filed with the Alameda County Clerk. It was the consensus of Council to set the item for a hearing on June ll, 1979. CONSENT CALENDAR Reso. re Railroad Ave. Median Irrigation Project The Council adopted a resolution authorizing acceptance of work and recording Notice of Completion regarding the Railroad Avenue Median Irrigation Project. RESOLUTION NO. 137-79 A RESOLUTION AUTHORIZING ACCEPTANCE OF WORK AND AUTHORIZING AND DIRECTING THE RECORDING OF NOTICE OF COMPLETION RE RAILROAD AVENUE MEDIAN IRRIGATION Re Permit for Rodeo Parade Council approved the Rodeo Committee's request for an encroachment permit to allow the Rodeo Parade to take place on June 9, 1979 from 9:00 to 11:30 a.m., the route to be identical to last year. Reso. re Sewer Service - Otteson Co. The Council adopted a resolution authorizing execution of agreement for sewer service, Otteson Construction Co., 5921 South front Rd. RESOLUTION NO. 138-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Otteson Construction Company) Reso. re Phase II Development, Brendlinger The Couhcil adopted a resolution authorizing execution of an amendment to an existing sewer connection agreement (Brendlinger) re the Phase II development. RESOLUTION NO. 139-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Charles H. Brendlinger - Sewer Connection) Resos. with Alameda Co. CETA - Title ~ IT ,Mf', The Council adopted two resolutions authorizing execution of agree- ments with Alameda County regarding sustainment and special projects contracts, Title ~ CETA for the period April 1 through September 8, 1979. íìL CM-36-l65 May 29, 1979 (Reso. re Special Projects) RESOLUTION NO. 140-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (County of Alameda) (Reso. re Sustainment) RESOLUTION NO. 141-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (County of Alameda) Reso. Awarding Contract The Council adopted a resolution awarding contract, Slurry Seal Project. RESOLUTION NO. 142-79 A RESOLUTION AWARDING BID (Ted R. Jenkins) Salary Resolution The Council adopted a salary resolution for Mid-Management and Confidential Employees. RESOLUTION NO. l43-79 A RESOLUTION OF THE CITY OF LIVEffi10RE AMENDING RESOLUTION NO. 72-79, FOR THE CLASSIFIED AND UNCLASSIFIED EMPLOYEES OF THE CITY OF LIVERMORE, ESTABLISHING RULES FOR ITS USE. Re County-wide Economic ~evelopment Program The City Manager's office submitted a report regarding participation in a County-wide economic development program. It was the consensus of Council to authorize the City Manager to send a letter supporting the formation of a County Economic Development Coordination Office to the Alameda County Board of Supervisors. Reso. re Historic Preservation Grant The Council adopted a resolution approving the filing of Grant appli- cation from the U.S. Heritage Conservation and Recreation Service for restoration of the Ravenswood Bedroom House. RESOLUTION NO. l44-79 A RESOLUTION APPROVING THE APPLICATION AND PROJECT AGREEMENT FOR HISTORIC PRESERVATION GRANTS-IN-AID FUNDS FOR THE RAVENSWOOD BEDROOM HOUSE RESTORATION PROJECT Payroll and Claims There were l24 claims in the amount of $543,342.06 and 307 payroll warrants in the amount of $12l,3l5.83 for a total of $664,657.89, dated May l8, 1979, and approved by the City Manager. CONSENT CALENDAR APPROVAL ON MOTION OF CM EBERT, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. CM-36-l66 May 29, 1979 MATTERS INITIATED BY STAFF/COUNCILMEMBERS ON MOTION OF CM EBERT, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, ITEM 7, MATTERS INITIATED, WAS DELETED FROM TONIGHT'S AGENDA. ORD. RE PARKING REGULATIONS ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE THE ZONING ORDINANCE AMENDMENT REGARDING VARIOUS SECTIONS TO REFLECT PARKING REGULATIONS WAS ADOPTED. ORDINANCE NO. 988 AN ORDINANCE OF THE CITY OF LIVERMORE AMENDING ORDINANCE NO. 442 RELATING TO ZONING, AS AMENDED, BY THE AMENDMENT OF SECTIONS 2l.43 AND 21.44 RELATING TO OFF-STREET PARKING REQUIREMENTS FOR SPECIFIED USES. ADJOURNMENT Mayor Kamena adjourned the meeting at 11:45 p.m. The next regular meeting of the City Council will be June ll, 1979. APPROVE ~ ayor " .~ 1 ~ 17 ( , . , '-' 'I '/ .' (¿". . / PtJ-{i ',.~~. =----- ATTEST Regular Heet}ng of June 11, 1979 A regular meeting of the Livermore City Council was held on Monday, June 11, 1979, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Kamena. ROLL CALL Present: Cm Staley, Turner and Mayor Kamena Absent: Cm Dahlbacka (excused - business trip), Cm Ebert (excused - ill) PLEDGE OF ALLEGIANCE Mayor Kamena led the Counci1members as well as those present in the audience in the Pledge of Allegiance. ~HNUTES APPROVAL riAY 21 AND 29, 1979 ON HOTION OF CH TURNER, S:CCmmED BY Cft STALEY AT'JD BY UNANIHOUS VOTE, THE HINUTE S OF THE REGULAR HEET INGS OF f-1A Y 21, 1979 AND MAY 29, 1979 lJERE APPROVED AS SUBHITTFD. CM-36-l67 June 11, 1979 OPEN FORUM (Re Muscular Dystrophy Skatathon) David Abrahams, 737 El Caminito, Valley representative for the Huscular Dystrophy Association, invited the Councilmembers to the 3rd Annual Skatathon, July 24 & 25 to help raise funds for Muscular Dystrophy. The Pleasanton City Council has agreed to attend and has issued a challenge to the Livermore City Council. ~1ayor Kamena thanked Mr. Abrahams for the invitation and accepted the challenge extended by the Pleasanton City Council. (Re Parcel Map Waiver) Earl Mason, l245 Glenwood, stated that he had been asked by Ed Hutka to discuss with Council the possibility of waiving a parcel map re- quirement on the sale of his land to Intel Co. Gary Reiners, City Attorney, explained that the request was not proper because all City requirements have not been met under the permitted uses on the property. About 80% of the property has no improvements at all. After a brief discussion, r1AYOR KAMENA MOVED TO SUSPEND THE RULES AND INSERT THIS ITE~1 UNDER 4.0, UNFINISHED BUSINESS, FOR A BRIEF DIS- CUSSION AND REFERRAL TO STAFF IF NECESSARY, SECONDED BY CH STALEY. Cm Staley commented that he was willing to discuss the item tonight but was not prepared to take action without a staff report. Cm Turner indicated he was willing to suspend the rules provided that the item would be immediately referred to staff without further discussion. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. (Re Juvenile Incident) Kay Parra, 819 Brennan Way, related a recent incident in which a misunderstanding between City officials and the manager at a local truck stop resulted in a juvenile spending the night at the truck stop. She requested that a method be found to adequately house juveniles overnight when necessary in Livermore. Discussion followed concerning a policy which would automatically resolve similar juvenile incidents. PUBLIC HEARING - RESEARCH DRIVE ASSESSMENT DISTRICT The public hearing regarding Research Drive Assessment District No. 79-1 was continued from the meeting of May 29 for submission of further information relative to the improvements on Vasco Rd. and from Mr. Speral, one of the property owners involved. Earl Mason, engineer of work on the Assessment District, stated that Mr. Shaheen has submitted letters to the City asking that the Vasco Road improvements be delayed until a later date. He noted that Mr. Horner, City Manager, had made a compromise suggestion of widening Vasco Rd. to 72 feet (collector street width) instead of the full proposed width of llO feet. This would reduce Mr. Speral's assess- ment from approximately $14,300 to approximately $9600. In reply to a question by Mr. Mason, Mr. Reiners indicated that the City feels that P.G.&E. is clearly obligated to assume the costs of power pole relocation along Vasco, but added that the issue may not be resolved without litigation. CM-36-l68 June ll, 1979 (Re Research Drive Assessment District) Joe Speral, 215l Vasco Rd., felt that if Mr. Shaheen had to pay the $500,000 to complete the widening of Vasco Rd., he would have delayed his project, so in order for the City to get the development which it needs, there was a compromise reached. He felt he was powerless in the matter and urgently requested that the City delay any kind of action until he's had time to study the situation. The contention of the Public Works Director that the cost of this assessment district will be made up by the increase in the property value was a moot point, he added. He wondered why it was necessary for him to pay for any improvements since his property was primarily residential and will not benefit from the assessment district. Cm Staley noted that the property was industrial, not residential and the improvements are necessary in order to complete the industrial district in which Mr. Speral lives. He felt it was an unfortunate situation but did not think that the City could forego the improvements it needs because of it, since Mr. Speral's property would benefit from the improvements. Edwin Ness, bond counsel, Sturgis, Ness and Brunsell, stated that the law charges the engineer of work with the duty of spreading the cost according to the benefit as he estimates those benefits to be. Mr. Mason has done this for the proceedings on file which include the im- provement of all of Vasco Rd. Pursuant to requests, two other engin- eer's reports were prepared, one which takes out Vasco Rd. entirely and one which modifies it in accordance with the suggestion of the City Manager. He pointed out that only a portion of the Shaheen prop- erty fronts on Vasco Rd. Discussion followed concerning the method of assignment of proportion- al costs to each of the property owners affected. Mr. Mason noted that Mr. Speral will be paid about $2300 for the 30 feet required for the widening of Vasco Rd. and suggested that he could use this money to pay for part of the cost of the assessment district. He added that widening to 72 feet would allow the existing trees and fence to remain. Mr. Spera 1 again asked for additional time to study the new proposals. Mr. Horner commented that there had been no change in the proposal other than a proposed reduction in the cost assessed to Mr. Speral. Mr. Reiners remarked that unfortunely if a property is benefited, it must be assessed. No exemption can be made unless the benefit is eliminated. Cm Staley remarked that the Council must make its decisions based on the best interests of the entire community. Mr. Speral did not believe that his property would directly benefit from the formation of the assessment district and asked if his prop- erty could be treated as a special situation. He indicated that he was not asking the Council to turn down the assessment district just because he was unhappy. He was simply asking for their help regarding his individual situation. Mayor Kamena pointed out that Mr. Spera 1 had already received help in the reduction of the assessed cost to his property and in the re- duction in the proposed widening of the street from llO feet to 72 feet. Mr. Spera 1 felt that the developers had proposed a plan which was negotiated with the City, a plan which did not take his interests into consideration. Cf1-36-l69 June 11, 1979 (Re Research Drive Assessment District) It was explained that the Planning staff did an Environmental Impact Report when the Tentative map was approved 6-8 months ago and a Neg- ative Declaration filed, copies of which could be obtained from the City Planning Department. Dan Lee, Director of Public Works, explained that the sanitary sewer was necessary as a part of a future loop system that will run down Vasco Road and tie into the East Avenue line. Since the properties to the north of the Spera 1 property are also in the district, the improvements on Vasco Road are necessary to satisfy the requirements of the City relative to Public Works improvements. Arla Speral, l2l5 Vasco Rd., did not feel that there would be enough additional traffic generated by the industrial park to justify the widening of Vasco Rd. She said it did not make sense to widen it in certain areas and leave it the original width in others. Hr. Lee commented that the part of Research Drive that is already developed is intensively used, the number of persons per square foot of building is exceeding high and the amount of pedestrian and vehic- ular traffic is high. In reply to a question by Mrs. Speral, Mr. Horner stated that if the district is formed, a resolution is adopted which approves the en- gineers report detailing the cost estimates for the district. The Council has certain options in that it can go ahead with the full improvements or they can modify them as suggested by staff. He added that the District Counsel and Engineer are here tonight with figures that Council could use in adopting any option. When the district is approved, all property owners affected will be notified as to their total assessment and the method used to payoff the assessment. Richard Hengehold, representing Mr. Shaheen, stated there were three options open to Council, full improvement, the compromise of the collector street, or no improvements at all. Stan Roberts, 2597 College, felt it would be short-sighted to widen only part of Vasco Rd. and asked if the assessment district could be extended to include all of Vasco Road. He noted that in his opinion commuter traffic on Vasco has increased recently. em Staley remarked that there was no way, financially, that Vasco Road could be widened all the way to Tesla. In addition, some of the property along Vasco is in the County which would complicate the situation. He added that the City must obtain widening as it is available through development costs since the City has no funds of its own for development of major streets. In reply to a question by Bruce Weidman, 570 Del Mar, Mr. Mason gave a summary of the proposals, the work to be done now and that proposed for a future time. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. Cm Staley commented that he would like to move the establishment of the district but wanted to incorporate the City Manager's recommen- dations. Mr. Ness explained that Council had five resolutions before them. Council could adopt the resolution overruling a protest and the resolution directing the filing of an amended engineer's report on assessment. The amended engineer's report which is then filed would be the report which has been prepared and adopts the City Manager's recommendation. CM-36-170 June 11, 1979 (Re Research Drive Assessment District) ON HOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIHOUS VOTE, THE RESOLUTION OVERRULING PROTESTS hTAS ADOPTED. RESOLUTION NO. 145-79 RESOLUTION OVERRULING PROTESTS RESEARCH DRIVE ASSESSME~!T DISTRICT NO. 79-1 CH STALEY HOVED THE RESOLUTION DIRECTING THE FILING OF THE AHENDED ENGINEER'S REPORT AND ASSESSMENT INCLUDING THE RECOMMENDATION OF THE CITY MANAGER, SECONDED BY MAYOR KAMENA. Cm Turner expressed his concern with the predictions of future traf- fic on Vasco Road, and the percentage which would be commuter compared to that generated by development along Vasco. He could not see any real benefit from widening Vasco Road. Cm Staley agreed that the direct benefit for the widening that is being discussed is relatively small but felt that Vasco must be widened at least to the width of a collector street because of increased use in the future. The choice of payment would be the taxpayers as a whole or ~1r. Shaheen's industrial development through the mechanism of the subdivision map. He did not feel that the burden should fall on the taxpayers. Cm Turner did not feel that those were overriding reasons for the approval of the assessment district. He added that when a person buys in an industrial area, he must abide by the rules in that particular zone, but he did not see any benefit in a benefit district in this area other than to give a few hundred feet of road space which could turn out to be a hazard rather than a benefit. Mr. Lee explained that the extra width will be needed for desceler- ation and for exiting because of the anticipated increase in traffic, particularly heavy truck traffic. THE MOTION ~'lAS VOTED ON AND PASSED UNANIHOUSLY. RESOLUTION NO. l46-79 RESOLUTION DIRECTING FIIJING OF AHENDED ENGINEER'S REPORT RESEARCH DRIVE ASSESSMENT DISTRICT NO. 79-1 CM STALEY MOVED TO ADOPT THE RESOLUTION APPROVING THE AMENDED REPORT AND ASSESSMENT AND ORDERING THE IMPROVEMENTS, SECO~1DED BY CH TURNER. HOTION PASSED UNANIMOUSLY. RESOLUTION NO. 147-79 RESOLUTION APPROVING AHENDED REPORT AND ASSESSHENT AND ORDERING IMPROVEMENT RESEARCH DRIVE ASSESSMENT DISTRICT NO. 79-l Mr. Ness explained that the next resolution would order the sale of bonds to Wulff, Hansen & Company at 7 3/4% interest rate, and explained the mechanics of selling the bonds. ON MOTION OF CH STALEY, SECONDED BY CI·~ TURNER AND BY UNANIMOUS VOTE, THE RESOLUTION ORDERING THE SALE OF BONDS NAS ADOPTED. RESOLUTION NO. 148-79 RESOLUTION ORDERING SALE OF BONDS RESEARCH DRIVE ASSESSMENT DISTRICT NO. 79-1 CM-36-l71 June 11, 1979 (Re Research Drive Assessment District) I~ was explained that adoption of the next resolution authorizing change orders would give the Director of Public Works the power to make changes in the field as the project progresses as long as those changes do not increase anybody's assessment. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE RESOLUTION AUTHORIZING CHANGE ORDERS WAS ADOPTED. RESOLUTION NO. 149-79 RESOLUTION AUTHORIZING CHANGE ORDERS RESEARCH DRIVE ASSESSMENT DISTRICT NO. 79-1 Mr. Ness noted that the following resolution would authorize the filing of an in rem action in Superior Court if it becomes desirable. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE RESOLUTION AUTHORIZING IN REM VALIDATION PROCEEDINGS WAS ADOPTED. RESOLUTION NO. l50-79 RESOLUTION AUTHORIZING IN REH VATJIDATION PROCEEDINGS RESEARCH DRIVE ASSESSMENT DISTRICT NO. 79-1 PUBLIC HEARING RE REZONING REQUEST, FOODMAKERS, INC. A rezoning request has been submitted by Foodmakers, Inc. to rezone a site at 1817 First St. from CB-l District to CB-2 District, to allow expansion of the facility in the front portion of the building by 450 sq. ft. and to provide approximately 300 sq. ft. of storage in the rear of the site. Staff recommended that the Council accept the Planning Commission recommendation for approval as outlined in their Resolution No. 29-79. A representative from Foodmakers, Inc. stated that his company was in favor of the Planning Commission recommendation. ON MOTION OF CM TURNER, SECONDED BY CH STALEY AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. CM STALEY MOVED TO ACCEPT THE PLANNING CO~~1ISSION RECOr~1ENDATION FOR APPROVAL AS OUTLINED IN THEIR RESOLUTION NO. 29-79, SECONDED BY CM TURNER. MOTION PASSED UNANIMOUSLY. The negative declaration was ordered filed with the County Clerk and an ordinance will be prepared reflecting Council's action. cQJ\m. FROM INTERNATIONAL YEAR OF THE CHILD COM. A communication was received from the Co-Chairmen of the Interna- tional Year of the Child Committee thanking the Council and staff for their assistance during the recent Fair. It was noted. RE SOCIAL CONCERNS COMMITTEE HOUSING ~lORKSHOP The Social Concerns Committee is planning to act upon its May l4th recommendation to Council and sponsor a housing workshop on June 2l, 1979. They requested that a Council spokesperson participate. It was decided that Cm Turner would represent the City at the meeting. CM-36-l72 June 11, 1979 RF. PARCEL MAP WAIVER During the Open Forum the rules were suspended to allow the addition of this item to tonight's agenda for discussion and referral to staff if necessary. Earl Mason, representing Ed Hutka, is requesting the waiver of a Parcel Map requirement to allow the sale to Intel of prop- erty owned by Ed Hutka. It is now in escrow and a waiver would allow the sale to proceed. In reply to a question by Hayor Kamena, Mr. Reiners indicated that it is conceptually possible to have a contract executed that provides for the installation of improvements at a later date. This could provide a substitute for a requirement under a Parcel Map or any other kind of entitlement. Unfortunately, he pointed out, there are some practical problems involved in the procedure particularly when it involves im- provements which are speculative, that are well off-site, or that affect property which will not be fully developed. The waiver mech- anism is set up for the use of the Director of Planning, he continued, if he can make the administrative determination that the improvements on the site meet all City requirements. In this particular instance, he did not feel that the Director of Planning could make that deter- mination. It was mentioned that the Parcel Map would not be required if Mr. Butka sold the entire property to Intel, instead of a portion of the property. Discussion followed concerning the length of time required to complete the filing of a Parcel Map. It was determined that it could be done in four to six weeks. ~1r. Reiners explained the mechanics and the purpose of the Subdivision Act and its application in this particular case. After a lengthy discussion it was agreed to submit a Parcel ~1ap to the Planning Commission for consideration. APPEAL RE DENIAL OF NURSERY SCHOOL CUP Since the applicant, Linda Hurley, has requested postponement of this item it was the consensus of Council to continue discussion to the meeting of June 25, 1979. DISC. RE ECHO RENT DIS- CRIMINATION AUDIT REPORT This item was discussed at a previous meeting but was continued to allow ECHO staff to be present. Cm Turner mentioned his concern with certain statements made in the audit in reference to discrimination in Livermore. John Nilson-Bugbee, Executive Director of ECrro, stated that the purpose of the audit was to look at as many units in the Livermore area as was possible, to attempt to indicate and determine if housing discrimination was being practiced in some of the larger complexes in the Livermore area, and if so, to what degree does it exist. Twenty complexes were audited, involving 1,079 units. The results of the audit indicated that the waiting lists for available rentals was longer for prospective black renters, and that discrimination does seem to exist. Cm Turner expressed concern with the statement in the audit that an indication of housing discrimination could be inferred from the 1974 census which showed a black population in Livermore of 172 when the total population was 50,000. The audit had also shown only 3 rental units available when the audit was done and concern was expressed re- garding the validity of the audit when so few units were available. CM-36-173 June 11, 1979 (Re ECHO Audit Report) Mr. Wilson-Bugbee indicated that the fact that there were only three units available did not limit the ability to determine if deferential treatment was being shown to one group or another. He felt that the critical issue was what action could be taken with the information gathered by the audit. He commended Council's action tonight in sending a representative to the housing workshop set up by the Social Concerns Committee, and felt that the issue required public discus- sion on a continuing basis. The amount of discrimination, he thought, was directly dependent upon the number of rentals available. He suggested that the Council note that there continues to be a problem, participate in community discussions, give some serious thought to the developer's ability to house lower-income people, and discuss some creative ways of providing low-income housing if the developers are unable. Cm Turner suggested giving the ECHO report to the Social Concerns Committee for evaluation and preparation of a report to Council suggesting some direction as to how the Council can utilize the information that has been submitted. Ed Schilling, Assistant to the City ~1anager, pointed out that the agency had contacted the owners of the apartment complexes audited to notify them, in a tactful and non-threatening manner, that their manager was turning away black people with more frequency than white people. Mr. Schilling complimented Mr. Wilson-Bugbee and his staff on the very responsible manner in which they handled this poten- tially touchy issue. He stated that the Social Concerns Committee has reviewed the report and recommended the scheduling of the work- shop on housing. Hector Timourian, member of the Social Concerns Committee, felt that there has been some progress in Livermore, but added that more in- formation needed to he gathered before a positive step can be taken towards solution of the problem. Tom Matthews, member of the Housing Authority, commented that the findings of the report help the general public recognize that a problem does exist, which is a legal issue as well as a moral one. R. Faltings, 1018 Via Granada, suggested that ECHO audit areas such as Dublin and Pleasanton so that the scope of the problem can be ascertained. - Kay Parra, 819 Brennan Way, suggested that an evaluation of dis- crimination be done regarding Hexican-Americans, Asiatics and wel- fare recipients. ~'1ark Johnson, Hayward Housing Director for ECHO, mentioned that when he participated in the audit, he was shown a waiting list and told there was nothing available when minutes before, a white person was told that there was a unit available. A short discussion followed regarding the requirements for a waiting list. It was agreed that it should be equal and consistent for everyone. RESO. RE MURRIETA BIKEt-JAY The resolution declaring necessity and authorizing condemnation for park and related purposes of area along the Arroyo ~10cho for exten- sion of the Murrieta Bikeway was discussed by Councilnembers. Francis Mee, Sacramento Savings & Loan, stated that his company has no objection to the pending filing of the resolution for the bikepath. He said that he has been assured by Hr. Reiners and CH-36-l74 June 11, 1979 (Re Murrieta Bikeway) Hr. Lee that the neqotiations for the purchase of the bikepath will continue and that a determination will be made as to its location, that is mutually agreeable to all the Darties. C~~ TURNER HOVED 'T'O }\.DOPT THE RESOLUTIO"1 DECT,ARPTG nECESSITY, SECONDED BY CH STALEY. Lexington Homes indicated that they agreed wi th~1r. ~1ee' s statements as long as they would be allowed to have some say in where the trail ,viII be. THE ~1()TIm! \^!AS VOTED ON A-¡..m PASSED rP'IA'''HMOUSLY. RESOLUTIOI'T NO. 151-79 A RESOLUTIO'N DECL1\RING ~!ECESSITY AND AUTHORIZING THE CONDEHNATIOH OF A FEE SIHPLE ESTATE FOR PARK AND RE- LATED PURPOSES OF 2.17 ACRES LOCATED GFT'TFPALLY ALONG THE ARROYO HOCHO ACROSS PARCEL BOUNDED BY HPRRI'PTA BOULEVARD, OLIVIN.A AVENUE NJD WESTER!'1 PACIFIC RIGHT- OF-WAY, LIVERHORE, CAI..I'POR~nA. RF. OAKLAND SCAVENGER COMPANY CONTRACT The present garbaae collection franchise agreement with Oakland Scavenger Company has nearly expired and staff is recommending that Council adopt the resolution authorizing the execution of the new franchise agreement. CH TURNER HOVED TO ADOPT TIŒ l1ESOLTTT10N' SUmUTmFD BY STAFF, SECONDED BY CH STALEY. Discussion followed concerning the wording of Mandated Changes, Section 4, Article V. C~1 TUR"TER HOVED 'T'O IHCLTJnE 11\1 EIr' PREVIOUS HOTION, THE WORD CHANGE I;-J ARTICLE V, SECTION 4, LI"JE 3, FROH ""1AY" TO "SHALL". CH STl'oLEY CONCURRED. THE HOT10N WAS VOTED ON AND PASSED UIIANIHOUSLY. RFSOLUTIO....I NO. 152-79 A RESOLUTION lWTHORIZING EXECUTION OH' Þ.GREEHENT (Oakland Scavenger Company) MEETING EXTENSION ON MOTION OF C~·1 '!'URNER, SECONDED BY HAYOR KAMENA AND BY A VOTE OF 2-1, MAYOR KAJ'1ENA DISSEJ'JTPIG, THE RULES 1iVERE SUSPENDED TO ALLOlv THE MEETPTG TO CONTINUE TO l2: 00 A..H. RE CLARIFICATION ON R æ HIPLEMENTATION On May 22, 1979, the Planning Commission had five questions concerning the RDP and Low and Moderate Income Housing. The Planning Department recommendation is that Council answer the Planning Commission questions with the responses suggested after research by the staff. ON ~~OTION OF CH STALEY, SECONDED BY CH TUPNER AND BY Œ1ANIMOUS VOTE, THE STAFF RECOMMENDATIONS WERE ADOPTED. CM-36-175 June ll, 1979 RE 1979-80 PRELIMINARY BUDGET PRESENTATION A short discussion was devoted to selecting dates for study sessions on the preliminary budget. Mr. Faltings requested that more than one copy be made available at the library for the use of the general pub- lic, with one to be a circulating coPY if possible. CM TURNER MOVED THAT A BUDGET HEARING BE HELD ON JUNE 23, 1979, AT THE MULTI-SERVICE CENTER, IF POSSIBLE, THAT THE PUBLIC BE NOTIFIED, AND THAT SUFFICIENT COPIES BE MADE AVAILABLE, SECONDED BY CM STALEY. THE HOTION PASSED UNANHmUSLY. ANNEXATION REQUEST LAS POSITAS AND FIRST ST. (FRASER) The Planning Commission submitted a report regarding a Council refer- ral of a request for annexation of 80 acres at Las Positas and First Street. They determined that annexation of the property would be premature at this time. LAVWMA REQUEST RE EXPORT PIPELINE The consideration of a request to LA~1A for additional industrial capacity in the export pipeline was discussed by Council. Mayor Kamena said that he hoped that Council would make the request of LAVWMA, but would like to support the idea of asking that LAVWMA offer to the City of Livermore the same kind of option that Pleasan- ton has on their 500,000 gallons. Council concurred. Cm Turner asked that the staff develop some cost figures relative to that option. MAYOR KAMENA MOVED TO REQUEST ON BEHALF 0"" THE LIVERHORE CITY COUN- CIL THAT LA~~A RESERVE FOR LIVERMORE 500,000 GALLONS OF ADDITIONAL INDUSTRIAL CAPACITY IN THE EXPORT PIPELINE, AND TO INSTRUCT STAFF TO DEVEIJOP THE RELATIVE COST FIGURES, SECONDED BY CM STALEY. THE MOTION NAS VOTED ON AND PASSED UNANnmUSIJY. RE LAWRENCE LIVERMORE LAB It was the consensus of the Council to continue this item regarding discussion and report on a meeting with Lawrence Livermore Labora- tory officials to the meeting of June 25, 1979. VARIOUS APPOINTHENTS Since it has been the policy of the Council to affirm apointments in the presence of all the Councilmembers, it was decided to post- pone appointments until all members can be present. Committee resignations were accepted from Gail DeSelm from the Heritage Pres- ervation Committee, Sheila Donahue from the Housing Authority and Charles DePaoli from the Housing Coordination Committee, and letters of apprecation will be sent to each thanking them for their contri- bution. SUMMARY OF ACTION ?C. - 6/5/79 A summary of action of the Planning Commission meeting of June 5, 1979 was noted. CM-36-l76 June 11, 1979 CO'!'JSEN':1:' CALENDAR Reso. ~ejecting Claim The Council adopted a resolution rejecting the claim of Edward Lew King. RESOLUTION NO. l53-79 A RESOLUTION REJECTIN~ CLAIM (Edward Lew King) Appt. of Records Custodian The Council adopted a resolution appointing the City Clerk as Records Custodian. RESOLUTION NO. 154-79 A RESOLUTION APPOINTING THE CITY CLEm~ l\S RECORDS CUSTODIAN Reso. re Valley Coop. Purchasing Group The Council adopted a resolution establis~inq a Valley Cooperative Purchasing Group to ontain volume purchase benefits for commodities commonly used in ~'7aste ';-Jôter ':':'reatmcnt. RESOLU'T'ION NO. l55-79 A RESOLUTIŒJ AU':':'H0RIZHIG ".:'PE PURC'9:]\.SINr; Ar,E~JT OF TEF CITY OF LIVEP}1ORE TO PARTICIPATE IN A COOPERATIVE PURCHASINr; PROGRAM WI':':'H DUBLIN-SAN RAHON SANITARY DISTRICT, CITY OF PLEASANTœl }\nD LAVT^l~1A. Reso. re First Street Underground District The Council had decided to proceed with this District at a prior meeting but final action was left penðing to deternine the schedule. R~snLUTInN NO. 156-79 RESOLUTIon ESTl\RI,ISHING AN u:m'CP'J~ROUT\1D DISTRICT ON THE NORTH AND SOUTH SIDES OF FIRST STREET FROH LIvr.m1ORE AVEnUE EAST TO THE EXTF.'ISIŒJ OF HELOCATED FIRST ST~.E'CT Reso. re Appraisal Services - D. DeVoe Federal Hiqh,,,,ay l\.dministration funds are available to the Ci tv for the widening of Olivina and ~1urrieta and installation of traffic signals. An appraisal to determine the fair market value must be done so that an offer to purchase the property can be made. RESOLUTION NO. 157-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREE1\œUT (David r1. DeVoe) Reso. re East Ave. Bid A\ÿard The Council adopted a resolution awarding a construction bid to HcGuire and Hester for East Avenue resurfacing and storm drain improveMent. (H-36-177 June 11, 1979 (Re Bid l\.ward - East Avenue) RESOLUTION NO. 158-79 A RESOLUTION AWARDING BID AND AUTHORIZING EXECUTION OF AGREE~"ENT (McGuire and Hester) Reso. re P.M. 2740 The Council adopted a resolution authorizing execution of agreement for the development of Parcel Map No. 2740, and accepting the public works improvements for maintenance and the maintenance surety. RESOLUTION NO. 159-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Myron J. and Doris E. Ward) Maternity Leave - Martina Stokes The Council approved Mrs. Stokes' request for a leave of absence without pay for the period May 3l, 1979 to September 26, 1979. Reso. re Disposal Site - Ralph Prop. The Council adopted a resolution authorizing execution of agreement amendment with Ralph Properties for a rate increase at the City's Disposal site. RESOLUTION NO. l60-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Ralph Properties, Inc.) Resos. Reflecting Prior Council Action The Council adopted a resolution granting appeal and variance to Better Homes Realty with an amending wording change as follows: In paragraph numbered 3., following "referred back to them", delete "as to color(s) and placement particularly." and insert "to coordi- nate the building and sign colors and placement." RESOLUTION NO. l6l-79 A RESOLUTION GRANTING APPEAL AND VARIANCE (Better Homes Realty) A resolution establishing Improvement Benefit District No. 78-l relating to the Research Drive area was adopted by Council. RESOLUTION NO.' 162-79 A RESOLUTION ESTABLISHING IMPROVEMENT BENEFIT DISTRICT NO. 78-1 The Council has requested that signs be installed by CALTRANS re trucks on I-580 off-ramps to First Street and No. Livermore exits only. RESOLUTION NO. 163-79 A RESOLUTION REQUESTING INSTALLATION OF SIGNS ON HIGHWAY I-580 REGARDING TRUCK WEIGHT CM-36-l78 .Tune 11, 1979 Warrants - 5/24/79 There were 9l claims in the amount of $67,67l.56, dated Hay 24, 1979 and approved by the City Manager. CONSE~T CALENDAR APPHOVAL ON MOTION OF' cr·1. STALEY, Sr:CœmED BY C~1 TTTRNER Aim BY UNANP10US VOTF THE conSENT CALEnDAR NAS APPROVED li'lI':.:'II A 1¡"¡ORDING CHANGE IN I':!'EM 6.10 (GRAnT ,APPEAL MTD VARIANCE, BE":'TF.R naMES REAJ.../i'Y), AS PREVIOUSLY !-TOTED. ~~TTERS INITIATED BY STAFF AND COUNCILMEHBERS (Re Executive Session) ~1r. Reiners requested an executive be held after tonight's meeting for the discussion of litigation. (Re Sister City Visit) Cm Staley explained the proposed Sister City visit to Japan in August and urged the various agencies (LARPD, School District, other Sister City groups) be invited to participate and/or send a representative. The staff was requested to inform the various entities. (Re Proclamations and Letters of Thanks) ~1.ayor Kamena requested that a proclamation be prepared in recognition of Herb HageMann's many years of service in the community in various capacities. Mayor J~amena also requested that recoqnition be given to two local soccor teams, the Clippers and the Cat Claws, both of whom have had very successful seasons. ADJOURNrŒNT There being no further business the meeting was adjourned by l2:l0 a.m. to an executive session immediately following tonight's meeting which will be adjourned to an executive session to be held on June l8 at 7:30 p.m. in the City Manager's office to discuss personnel matters; thence to the regular adjourned meeting at 8:00 p.m. for General Plan amendments hearing. The next regular meeting will be June 25, 1979. APPROVE /m¡fj(~~ Mayor ATTEST I I. 9a ¡ C~ty~ California CM-36-179 Adjourned Regular Meeting of June 18, 1979 An adjourned regular meeting of the Livermore City Council was held on Monday, June 18, 1979, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Kamena. ROLL CALL Present: Cm Dahlbacka, Ebert, Turner and Mayor Kamena Absent: Cm Staley (seated after Open Forum) PLEDGE OF ALLEGIANCE Mayor Kamena led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. OPEN FORUM No one wished to speak at the Open Forum. PUBLIC HEARING RE COMMUNITY COMMERCIAL LAND USE DESIGNATION A General Plan amendment has been proposed to establish a "Community Commercial" land use designation, a negative declaration has been pre- pared, and the Planning Commission recommends approval. The desig- nation would apply at the intersection of North Livermore Avenue and Interstate 580. There was a staff recommendation to specifically de- lete the last sentence in the paragraph establishing the definition of Community Commercial ("This area is diferentiated from the Highway Commercial...) and substitute "It does not include heavy commercial uses." Robert Ruggles, 1 Sierra Ave., Piedmont, was in favor of the change in wording. A brief discussion followed. ON MOTION OF CM TURNER, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. CM TURNER MOVED TO APPROVE THE COMMUNITY COMMERCIAL" ESIGNATION WITH THE SENTENCE SUBSTITUTION RECOMMENDED BY STAFF, SECONDED BY CM EBERT. Cm Ebert questioned the necessity of establishing the new land use designation, feeling it was too restrictive. Gary Reiners, City Attorney, stated that the creation of this new General Plan category is the result of the fact that the existing General Plan categories just do not fit the type of use that was proposed for this interchange. It is different, both in its loca- tion and in the types of uses that are to be emphasized at the in- tersection on the site. He agreed with staff on the recommended wording change. Cm Dahlbacka said he had a difficult time supporting the change in the General Plan because the area in question is the entrance to Livermore, part of the Scenic Highways Element, and had as much right to be beautiful as it did to be economically viable. He added that the economic viability of the community is centered in the mil- lions of dollars that the taxpayer has already invested in downtown development and was not in favor of competing commercial areas, un- til the downtown Central Business District is completed. Cm Staley agreed that the downtown area should not be jeopardized, but felt that the interchange area was an appropriate place for a commercial development. He was in favor of supporting commercial development there subject to Planning Commission and City Council approval. CM-36-l80 June 18, 1979 (Re P.H. re Community Commercial Designation) Cm Turner indicated that after reading the report from Mr. Schilling, Assistant to the City Manager, regarding the best use for that area as far as monetary return and benefits to the city of Livermore, he felt that this change is in order, and did not think that it would have an adverse effect on the downtown project. He felt that if the uses could be controlled, beautification could be accomplished along with commercial development. Mr. Nies, Director of Planning, pointed out that the area in question is the southeast corner of the intersection only. Mayor Kamena felt that the ultimate use for the property in question is commercial, and added that the city must exercise strict control over the quality of the designation. It was the consensus of Council to include the negative declaration in the motion on the floor. THE MOTION WAS VOTED ON AND PASSED 4-l, CM DAHLBACKA DISSENTING. PUBLIC HEARING RE LAND USE CHANGE, R. RUGGLES A public hearing was held regarding a request of Robert Ruggles for a General Plan amendment to change the land use designation of an area consisting of 19 acres mil at the southeast corner of I-580 and North Livermore Avenue from Low Intensity Industrial to Community Commercial. Included is an addendum to the E.I.R. In reply to a question by Cm Turner, Mr. Nies stated that of the orig- inal 57 acres, 38 acres would remain in Low Intensity Industrial, since the request only applies to 19 acres. He added that a Planned Devel- opment District would allow the city to have strong control of the area. Mr. Reiners explained that a Conditional Use Permit is a device for imposing conditions upon a development which generates some activities or consequences which are detrimental to the public health, safety or general welfare. A Planned Unit Develpment, he continued, is a device that enables the advisory agency or legislative body to impose condi- tions related to the actual development in addition to the standards and essential requirements of design and site location, etc. He added that the PUD acts as a substitute for zoning. Discussion followed concerning methods to allow the development to proceed while allowing to City to maintain strong control of that de- velopment. It was determined that the I-R zone would not be in conformance with the Community Commercial General Plan designation as adopted. Don Miller, 2862 Waverly Way, was not in favor of commercial devel- opment of the acreage, but if commercial is to be allowed, it should be reserved for first-class commercial, which would not be as likely to compete with the downtown area. He said that the short term mone- tary benefits should not be allowed to override the long term advan- tages of careful planning, and was not in favor of fragmented commer- cial development. Commercial development would be more appropriate, he thought, at the Vasco Rd. and Springtown Blvd. interchanges. He urged Council to leave the General Plan as it is for now and wait for a better proposal which would be more advantageous to the City. (Recess) Mayor Kamena called for a brief recess after which the meeting resumed with all present. CM-36-l8l June 18, 1979 (Re P.H., Land Use Change, R. Ruggles) Mayor Kamena pointed out that according to the City Attorney, if the General Plan is amended it takes effect immediately upon adoption of the resolution. Jim Hallam, 842 Los Alamos, was not in favor of the land use change request because he felt it was selling out environmental amenities for economic reasons and was inconsistent with the California Envi- ronmental Quality Act. Bob Ruggles, partner in Amador Associates, owner of the land in question, noted that Livermore needs more retail development since 60% of the retail dollars of Livermore residents is spent outside of the city, indicating the need for a broader range of retail mer- chandise in Livermore. He thought that Livermore has long needed a top flight retail operation that would carry a broad range of gen- eral merchandise at popular prices. Such a firm has already expres- sed interest in locating on the parcel under discussion, and would be part of a development which would compliment, in addition to sup- lementing, the downtown shopping area. He pointed out the report of the City Planning staff which stated that the most logical potential site for commercial development would be a site along I-580 such as Mr. Ruggles' property. He also noted the memo from the Assistant to the City Manager, dated March 29, 1979, which indicated that this development would produce two times the tax revenue that would come from industrial development, or more than $IOO,OOO more per year, initially. Mr. Ruggles urged Council to endorse the recommendation of the City staff and Planning Commission and vote for the necessary General Plan amendment. ON MOTION OF CM TURNER, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. A short discussion followed pertaining to the reasons for selecting this particular site for development. It was noted that it had the best elevation, was closest to the freeway, was on a corner, and would not create any traffic problems. CM STALEY MOVED TO ADOPT THE PLANNING COMMISSION AND STAFF RECOM- MENDATION TO REDESIGNATE THE AREA FROM LOW INTENSITY INDUSTRIAL TO COMMUNITY COMMERCIAL AND TO ADOPT THE ADDENDUM'TO THE ENVIRON- MENTAL IMPACT REPORT, SECONDED BY CM TURNER. Cm Turner commented that the environmental concerns expressed by Mr. Hallam could be taken care of under a Planned Unit Development concept. He felt it very important that beautification be a pri- mary consideration in the development. MAYOR KAMENA MADE AN AMENDING MOTION THAT IF THE MAIN MOTION PASSES THE STAFF BE INSTRUCTED TO RESEARCH SPECIFICS, PRIOR TO IMPLEMENTA- TION, WITH REGARD TO THE CONDITIONS FOR A PLANNED UNIT DEVELOPMENT CONSIDERING THAT THE LAND MAY BE DESIGNATED OS-UR, SECONDED BY CM TURNER. Mr. Reiners explained that the mechanism would be for the Council to automatically direct the staff upon the passage of the amended motion to conduct a staff survey of potential market conditions relevant to this area and the proposed General Plan designation and proposed zoning/PUD project. At the time the staff was ready to report to the Council on the market potential and the proper form of a Planned Unit Development for that area, the staff would come back to the Council with a recommendation for a specific PUD proposal under OS-UR zoning. OS-UR zoning would be imple- mented, and Council could be considering at the same time a PUD proposal in skelton form and annexation procedures. CM-36-l82 June l8, 1979 (Re P.H. re Land Use Change, R. Ruggles) Mr. Ruggles indicated that he would prefer two separate motions, rather than the main motion with an amendment. Cm Dahlbacka felt that both sites, one east and one west of Livermore Avenue would be suitable for development but thought there were other Planning considerations to be discussed. He did not feel that the issue of which parcel should be developed was discussed, other than that it was the one that the applicant requested, and was not sure which parcel would better serve the city, noting that he saw no reason to designate only the one parcel as Community Commercial. Mr. Reiners explained the difference between a General Plan designa- tion and a specific zoning designation and the application to the general area of the intersection of I-580 and North Livermore Avenue. A lengthy discussion followed regarding the benefit of adopting a designation for a particular parcel of land. Mr. Horner mentioned that the request for the land use change is before Council at the present time because of the developer's cur- rent interest. He added that the developer might be in a better posi- tion in terms of marketability of the land if the designation was made now instead of waiting until some future date. em Dahlbacka acknowledged that after listening to the discussion and rethinking the matter, he felt that the recommended site is probably the best one since the one across the street is adjacent to residen- tial use, and would support the motion even though he did not feel that there was a significant analysis done of the proposed site loca- tion by the staff. MAYOR KAMENA WITHDREW HIS AMENDING MOTION. THE MAIN MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. PUBLIC HEARING RE GENERAL PLAN TEXT AMENDMENTS Mayor Kamena explained that this item regarding four (4) General Plan text amendments and the negative declarations is necessitated by previous action. The amendments are as follows: a) Change Section 3-a under Economic Development Policies on Page 85 to allow retail and commercial stores in community commercial areas. b) Delete Section (2) (d) under Commercial Land Use policies on Page 99 which discourages commercial or industrial use of land within the immediate area of Livermore Avenue interchange with I-580. c) Delete Section 2-a-(3) under Streets and Highways on Page l03 which states the City shall prohibit commercial development from fronting directly on major streets which serve as major entrances to the community. d) Delete the last sentence of paragraph 4 under Proposed Scenic Highways and Road System on Page 135 which states "Adjacent land use (to the Livermore interchange and I-580) shall be limited to well designed non-commercial/industrial uses." Mayor Kamena asked for public comment; however, none was voiced. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. CM-36-l83 June l8, 1979 (Re P.H. re G.P. Text Amendments) ON MOTION OF CM STALEY, SECONDED BY MAYOR KAMENA, AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED THE STAFF RECOMMENDATION TO APPROVE THE TEXT AMENDMENTS AND FILE THE NEGATIVE DECLARATIONS. PUBLIC HEARING RE DELETION OF TWO DESIGNATED CN CENTERS A public hearing was held regarding a Planning Commission initiated deletion of two designated Neighborhood Commercial Centers, one lo- cated in the northern portion of the Springtown area and one located in the northerly portion of the Wagoner Farms area, west of Vasco Road. Also considered was the Negative Declaration. Mayor Kamena asked for comments from the audience. There were none. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE THE PUBLIC HEARING WAS CLOSED. CM DAHLBACKA MOVED TO ADOPT THE PLANNING COMMISSION RECOMMENDATION TO DELETE THE TWO DESIGNATED NEIGHBORHOOD COMMERCIAL CENTERS AND FILE THE NEGATIVE DECLARATION, SECONDED BY CM STALEY. Regarding the Springtown deletion, Mr. Nies stated that there was no need for a second center in the northern part of the area in addition to the one near the freeway interchange. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. PUBLIC HEARING RE LAND USE CHANGE - PALOMAR/SHEAN A public hearing was held regarding a request by Palomar/Shean to change the land use designations for an area consisting of 424 acres mIl located east and west of Springtown Boulevard and north of Hartford Road from Open Space - General Agricultural; Open Space - Parks, Trailways and Recreation, Corridors and Protected Areas; Community Facilities - Highschool; and Urban Low Residential (1.5 dwelling units per acre) to Urban Low Medium Residential (3.0 dwell- ing units per acre). The Planning Commission is recommending denial. Mr. Nies noted that an update on the staff report had been received from the School District, with the Board recommendation that the school site on the property in question be deleted in favor of one south of I-S80, at First and Las positas or at Livermore and portola Ave. He added that approving the request would increase the holding capacity of the city by approximately 550 units,would give the City control of the area, and would keep development away from the Com- munication Center. Staff recommended approval of the request. It was noted that the area did not exceed the planning area bound- aries and that no density had been applied to the land. Keith Fraser, representing the developer, submitted a map of the original Springtown P.U.D. that included a density of 4/acre on the l08 acres that the developer is proposing to give to the City. He explained that Palomar is a Louisiana-based firm and does not want to develop this property which reverted to them when the original development went bankrupt. A density transfer would allow a con- centrated development of low and moderate cost homes in an area where a concentration is needed, he noted. The property is annexed and has been in a sanitary sewer district which has paid out over $70,000, in a IS-year period and is now paid up. CM-36-184 June 18, 1979 (Re P.H. re Land Use Change, Palomar/Shean) Earl Mason, representing the applicant, explained that after the orig- inal Springtown developers went bankrupt, the General Plan was changed to designate the l08 acres north of Hartford as Agricultural although it is annexed, is within the City limits and pays taxes. The proposal is to assign a density of 3/acre to the total area, transfer the den- sity from the 108 acres into the portion below Hartford and concentrate those homes in the area on the southerly end near the shopping and transportation centers, and also concentrating the city's service area. The resulting density, he stated, would be approximately the same as the existing adjacent residential area which is about 4.5/acre. The proposed density for the single-family units is 3.2 and for the multi- ple and condominium units, about 4.8/acre. A park site and school site have already been chosen and accepted by the City. Mr. Mason agreed with the staff recommendation to designate the property south of Hartford Ave. as three dwelling units per acre, and added that an important part of the proposed development is that by developing in the area chosen to a higher density by the transfer method, the main street, Springtown Blvd., will be able to loop through and tie into Galloway, north of the channel, and a bridge will be built across the canal, greatly increasing the efficiency of the traffic access. Mr. Nies noted that it would have no impact on the Rural Residential designation which is primarily farther to the east of the Palomar land. Kay Parra, 819 Brennan Way, requested that the record show that one member of the Council appeared to be asleep and had not participated in the voting since prior to the vote on Item l.2 (P.H. - Ruggles Request) . Mr. Reiners explained that a Councilmember is considered present at a meeting if he or she is physically present. A vote is recorded as either aye or naye as it is cast; if no vote is cast the custom has been to record it as an abstention. Mayor Kamena commented that his interpretation of the policy is that if a verbal vote is not heard, it is assumed that it is affirmative. After a short discussion, Mr. Reiners quoted from the Council's Rules of Order that "In the case of a collective vote, silence indicates an affirmative vote". em Dahlbacka remarked that he did not feel that the meeting should be continued under the circumstances AND MOVED TO ADJOURN THE MEETING, SECONDED BY CM TURNER. CM DAHLBACKA WITHDREW HIS MOTION after Council consensus to suspend discussion of Item 1.5, Public Hearing re Palomar Request, to allow for a short recess. (Recess) Mayor Kamena called for a brief recess after which the meeting resumed with all members responding to the Roll Call. CM TURNER MOVED TO CONTINUE THE PUBLIC HEARINGS, ITEMS l.5 TO 1.9, TO THE MEETING OF JUNE 25, 1979, SECONDED BY CM DAHLBACKA. THE MOTION WAS VOTED ON AND PASSED 4-1, CM EBERT DISSENTING. CM-36-185 June 18, 1979 CONSENT CALENDAR Payroll and Claims There were III claims in the amount of $175,263.90 and 313 payroll warrants in the amount of $124,361.47, for a total of $299,625.37, dated June 7, 1979, and there were l71 claims in the amount of $339,676.04 and 399 payroll warrants in the amount of $182,464.06, for a total of $522,140.l0, dated June 13, 1979, all approved by the City Manager. Hearing for PUD Council received a report from the planning Department regarding a request for Planned Unit Development/Conditional Use Permit to allow subdivision into two lots of property on the southeast corner of Scenic Ave. and Heather Lane. Council ordered the hearing be set for July 9 and ordered consideration concurrently of the Tenta- tive Parcel Map. CONSENT CALENDAR APPROVAL ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA, AND BY A VOTE OF 4-l, CM EBERT DISSENTING, THE CONSENT CALENDAR WAS APPROVED. ADJOURNMENT ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA, AND BY A VOTE OF 4-1, CM EBERT DISSENTING, THE MEETING WAS ADJOURNED. The next regular meeting of the Livermore City Council will be held on June 25, 1979. APPROVE L2ll- I?i/& I I ~~~ ¡(I . Mayor ATTEST C1ty C erk Livermore, California Special Meeting of June 23, 1979 A special meeting of the Livermore City Council was called by Mayor Kamena for Saturday, June 23, 1979, at 9:30 a.m. in the Library Meeting Room, 1000 So. Livermore Avenue. The purpose of the meeting was to review the 1979-80 Operating Budget. The meeting was called to order by Mayor Kamena. Present: Cm Dahlbacka, Ebert, Staley, Turner and Mayor Kamena. The meeting was adjourned at 5:45 p.m. CM-36-186 Regular Meeting of June 25, 1979 A regular meeting of the Livermore City Council was held on Monday, June 25, 1979, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Kamena at 8:l0 p.m. ROLL CALL Present: Cm Dahlbacka, Ebert, Staley, Turner and Mayor Kamena. Absent: None PLEDGE OF ALLEGIANCE Mayor Kamena led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. MINUTES APPROVAL ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY A VOTE OF 3-0, CM DAHLBACKA AND EBERT ABSTAINING, THE MINUTES OF THE MEETING OF JUNE ll, 1979, WERE APPROVED AS SUBMITTED. OPEN FORUM Kay Parra, 819 Brennan, requested Cm Ebert's resignation with no re- sponse from Cm Ebert. She presented him with a notice of intention to recall. She also requested two changes in council policy. The first change requested referred to the manner in which a collective vote is recorded and the second to the prohibition of weapons at a public meeting. Mayor Kamena stated that Mrs. Parra's requests would be discussed later in the meeting under Matters Initiated by Councilmembers. (Re Council Meetings) Sally Bystroff, 330 Scott St., expressed concern with maintaining decorum during City Council meetings. Mayor Kamena assured her that this would be done. (Re Bikepaths) Ben Roman, 528 Humboldt Place, indicated that the bikepath along Stanley Blvd. was filled with debris and too narrow. He also noted that the access to Stanley from Olivina was very limited and narrow, and much in need of improvement. Dan Lee, Director of Public Works, said that the City does have a Bikeway Program which will directly affect these areas in the very near future. Already planned and budgeted is the construction of a bikepath that will parallel Murrieta from Olivina to Stanley. He added that the bikepath along Stanley Blvd is difficult to maintain but he would attempt to insure that it was kept free from debris. It was mentioned that the City has applied for grant funds from Alameda County for the bikepath programs, and that bike trail funding will be discussed under Capital Improvements at an upcoming meeting. (Overpass Posting) Martha Whittaker, 1423 Hollyhock, requested that an additional speed limit sign be posted for west-bound traffic on the new overpass on First Street. Staff was instructed to look into the matter and if necessary report back to Council. (Re S.P. Superblock) David Eller, 3797 Oregon Way, mentioned his concern with esthetic values, the lack of a theme, and the exits and entrances to the park- ing lots at the Southern Pacific "superblock". He also proposed a lOOO foot scenic, agricultural buffer on each side of I-580 from the airport to the Springtown area. CM-36-187 June 25, 1979 (Re LLL) Replying to concerns of Mr. Eller, Cm Ebert stated that in his opinion as a biophysicist and a registered nuclear engineer, the Livermore Lawrence Laboratory is run in a very competent, safe manner. PUBLIC HEARING - LAND USE CHANGE, PALOMAR/SHEAN This hearing was continued from the meeting of June 18, 1979. It concerns a request of Palomar/Shean to change the land use desig- nations for an area consisting of 424± acres, located east and west of Springtown Boulevard and north of Hartford Road from Open Space- General Agricultural;; Open Space-Parks, Trailways and Recreation, Corridors and Protected Areas~ Community Facilities-High School; and Urban Low Residential (1.5 dwelling units per acre) to Urban Low Medium Residential (3.0 dwelling units per acre). Keith Fraser, representing the applicant, stated that the project included a gift of 108± acres to the City, with a density transfer from the 108 acres to the portion of land to the south. Earl Mason, civil engineer representing the applicant, explained the four areas involved. The first area, he explained is the 108 acres northerly from Hartford, a gift to the City, with a proposed density of 3/acre to be transferred to the area south of Hartford outlined in blue on the Planning staff map of the area. The second area, in yellow, was a 400 foot strip from Hartford south to Las Positas Creek, designated in the General Plan as 1.5/acre. The third area, in orange, from immediately south of the creek to the southwest corner of the property is in the General Plan currently as half of a 40-acre High School site, 20 acres of which is on County land to the west of this property. Mr. Mason explained that the School District has written a letter stating that they do not want this high school site but do wish to retain the 10 acre ele- mentary school site shown to the right of the orange area. The fourth area, in red, to the south and running southeasterly, is in the General Plan as Open Space. Mr. Mason requested that all four areas be given a density of 3/acre. (Cm Ebert absent briefly) Don Miller, 3862 Waverly, was against the proposal because he felt outlying areas of high density are much more expensive to service by the City and felt there was no reason for increasing the density. He recommended denial of the General Plan amendment. Discussion followed concerning the possible costs of city services to the area and the relationship between density and cost. R. Faltings, 1018 Via Granada, did not feel there was a need for an elementary school site in the Springtown area. (Cm Ebert seated) Mr. Eller concurred with Mr. Miller's comments and agreed with the recommendation of the Planning Commission to deny the request. Howard Nies, Planning Director, indicated that only a portion of the land involved is zoned at 1.5/acre density. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. CM-36-l88 June 25, 1979 (Re P.H., Land Use Change, Palomar/Shean) Cm Dahlbacka did not approve of making changes in the density in a wholesale, piecemeal fashion upon the request of the owner or devel- oper. If necessary it should be done in the context of the entire community's need. He felt that approving this request would establish a precedent for giving density to an area zoned agricultural and then transferring that density into the community, which he did not feel was sound planning. It was noted that there are about 550 units proposed, at the requested designation of 3/acre density. em Staley did not believe that Livermore has appropriate density at the present time, since he felt it was used as a growth control device prior to the time of perfecting some of the more effective methods of control which exist now. He did not think that it was ecologically sound to build single-family dwellings at 2 or 3 to the acre since it was a waste of land and ultimately detracts from agriculture, at least on the large areas of land in Livermore. He added that all of the city's growth should have been on the south side of the freeway, but that choice has already been made, the city is already north of the freeway. He also noted that there has not been a single issue that has been raised by the people north of the freeway that has not been accentuated and worsened by the relatively low population of the area. The zoning and density of each of the four areas was again discussed. CM TURNER MOVED TO LEAVE THE DENSITY AT 1.5 FOR THE YELLOW AREA, ASSIGN A DENSITY OF 3/ACRE TO THE ORANGE AREA, AND ASSIGN A DENSITY OF 1.5/ACRE TO THE REMAINDER OF THE MAP DESIGNATED AS EXHIBIT "A", SECONDED BY CM STALEY. It was noted that there will be no density assigned to the area north of Hartford Avenue. CM EBERT MADE A SUBSTITUTE MOTION TO APPROVE THE REQUEST OF PALOMAR/ SHEAN TO CHANGE THE LAND USE DESIGNATION FROM 1.5 TO 3 DWELLING UNITS PER ACRE FOR THE ENTIRE AREA, AND TO ACCEPT THE GIFT TO THE CITY OF THE lOa ACRES, SECONDED BY MAYOR KAMENA. Mayor Kamena noted that staff supports approval of the request and the Communications Center specifically requests approval of the General Plan amendment. He added that he felt there would be only minimal impact on the holding capacity of the city if the request is approved. em Dahlbacka expressed concern with granting density rights that can be tranferred, in effect, purchasing l08 acres by creating density. He felt it was a dangerous precedent. It was noted that a density transfer would result in a density of 4.8 per acre overall in the area south of Hartford Avenue where the units are proposed. This is comparable with the already developed Spring- town area. The motion would not preclude an RS-5 zone if an applica- tion is made for it in the future, it was explained. Cm Ebert mentioned that if the request is approved, hopefully, the increased number of dwelling units would encourage the building of the shopping center urgently needed in that area. Mr. Miller did not feel the interests of the general public would be served by amending the General Plan and did not feel that the proposal under discussion would be of economic benefit to the taxpayer. CM-36-la9 June 25, 1979 (Re P.H., Land Use Change, Palomar/Shean) CM TURNER MADE A SUBSTITUTE MOTION TO LEAVE THE DENSITY AT 1.5 FOR THE YELLOW AREA, ASSIGN A DENSITY OF 3/ACRE TO THE ORANGE AREA, AND ASSIGN A DENSITY OF 1.5/ACRE TO THE REMAINDER OF THE MAP DESIGNATED AS EXHIBIT "A", WITH THE EXCEPTION THAT THE lOa ACRE AREA HAVE A DESIGNATION OF I.S/ACRE, SECONDED BY CM STALEY. THE MOTION WAS VOTED ON AND FAILED TO PASS ON A VOTE OF 2-3, CM EBERT, DAHLBACKA AND MAYOR KAMENA DISSENTING. CM EBERT MOVED TO APPROVE THE STAFF RECOMMENDATION OF 3/ACRE FOR THE ENTIRE AREA, SECONDED BY MAYOR KAMENA. MOTION FAILED 2-3, CM STALEY, DAHLBACKA AND TURNER DISSENTING. CM TURNER REPEATED HIS PREVIOUS MOTION TO LEAVE THE DENSITY AT l.5/ ACRE FOR THE YELLOW AREA, ASSIGN A DENSITY OF 3/ACRE TO THE ORANGE AREA, AND ASSIGN A DENSITY OF l.5/ACRE TO THE REMAINDER WITH THE EXCEPTION THAT THE 108 ACRE ACRE HAVE A DESIGNATION OF 1.5/ACRE, SECONDED BY CM STALEY. MOTION WAS AGAIN DEFEATED 2-3, CM DAHLBACKA, EBERT AND MAYOR KAMENA DISSENTING. CM EBERT REINTRODUCED HIS MOTION TO ASSIGN A DENSITY OF 3/ACRE TO THE ENTIRE AREA, AND TO ACCEPT THE loa ACRE AREA OF DENSITY TRANS- FER AS A GIFT, AS RECOMMENDED BY STAFF, SECONDED BY CM TURNER. MOTION PASSED 3-2, CM DAHLBACKA AND STALEY DISSENTING. The Negative Declaration was ordered filed with the County Clerk. RECESS Mayor Kamena called for a brief recess after which the meeting re- sumed with all Councilmembers present. PUBLIC HEARING RE G.P. TEXT AMENDMENT A public hearing was held regarding a General Plan text amendment to change Section (4) (a) under Schools on Page 101 to state "ele- mentary school sites shall serve areas bounded by major streets, except where it is not feasible because of unusual circumstances." Also considered was the Negative Declaration. The Planning Com- mission recommeded denial. Subsequent to Planning Commission con- sideration, staff received a letter from the School District advising that the high school site currently designated in the area can be de- leted, with a replacement by a site located south of I-5aO, either at portola Avenue and North Livermore Avenue or at First Street and Las positas Road. Mr. Mason was in favor of the flexibility which would result from approving the text amendment. ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE THE PUBLIC HEARING WAS CLOSED. CM DAHLBACKA MOVED TO UPHOLD THE PLANNING COMMISSION'S RECOMMENDATION, SECONDED BY CM TURNER. Cm Dahlbacka thought the language of the current General Plan pro- vided for exceptions due to unusual circumstances and felt that young children should not have to cross major streets to attend school. THE MOTION WAS VOTED ON AND PASSED 3-2, CM EBERT AND MAYOR KAMENA DISSENTING. CM-36-l90 June 25, 1979 PUBLIC HEARING RE LAND USE CHANGE, PALOMAR/PALMER The applicant, Steve Palmer, requested that this item, regarding a request to change the land use designation for an area of approximately 53± acres, located north of I-580 between Bluebell Dr. and Central Ave. from Urban Low Medium Residential to Urban Medium Residential, be con- tinued for two weeks. ON MOTION OF CM TURNER, SECONDED BY MAYOR KAMENA AND BY UNANIMOUS VOTE THE PUBLIC HEARING REGARDING THE PALOMAR/PALMER REQUEST WAS CONTINUED TO THE MEETING OF JULY 9, 1979. PUBLIC HEARING RE LAND USE CHANGE - TOMPKINS A public hearing was held regarding the request of Josephine Tompkins to change the land use designation of an area consisting of 2.3± acres at the southwest corner of East and Hillcrest Avenues from Urban Med- ium Residential (4.5 dwelling units per acre) to Urban High Residential (8-18 dwelling units per acre). Also considered was the Negative Declaration. The Planning Commission recommended denial of the General Plan amendment. Roy Jensen, representing the applicant, indicated that the brick wall and landscaping requested by neighboring residents will be put in and added that the proposed building will be 65 feet from the nearest prop- erty line and will have 22 units. ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE THE PUBLIC HEARING WAS CLOSED. Cm Turner felt there was a major traffic problem already in that area because of the school traffic generated by East Avenue School and felt these problems should be solved before voting favorably on the request before Council. Cm Staley concurred, commenting that the proposed de- velopment would exacerbate the traffic problems and adding that the objections of the neighboring residents should be considered. Cm Dahlbacka suggested tabling the matter while the applicant requests appropriate zoning, with Council approving both requests concurrently to assure that the project is compatible with the neighborhood. Gary Reiners, City Attorney, explained that this could be done by going ahead with the General Plan designation but rezoning it to OS-UR or a PUD, in essence, and then Council could apply the zoning that is com- patible with the unique character of the parcel at the time a request is made by the developer. CM DAHLBACKA MOVED TO MAKE THE GENERAL PLAN DESIGNATION CHANGE AND INITIATE ZONING OF THE PARCEL TO OS-UR, SECONDED BY CM EBERT. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. PUBLIC HEARING RE LAND USE CHANGE - WETMORE RD., LAGISS, NELSON AND DOLD A public hearing was held regarding a request by Lagiss, Nelson and Dold to change the land use designation of 64± acres, located north- easterly of Wetmore Road and the southern extension of Holmes Street from Open Space-limited Agriculture (20 acre minimum) to Rural Resi- dential (one acre to five acre minimum). Also considered was the Neg- ative Declaration. The Planning Commission recommended denial of the General Plan amendment. It was noted that this area is not within the City limits but is within the General Plan area of the City. CM-36-19l June 25, 1979 (Re P.H., Land Use Change, Wetmore Rd.) Mayor Kamena declared the public hearing open. Earl Mason, representing the applicant, submitted an aerial photo of the area in question, showing that the parcel abuts the city on its northern boundary and has a street stubbing out to the north property line. The applicants' request, he stated, is to allow l-2 acre parcels for a horse-oriented, custom-home development site with riding trails around the parcels with access to the rear of each parcel, the riding trails to continue across the street to Sycamore Grove Park. His understanding of the city policy was that, if an- nexed and approved, the Rural Residential would fall into the cate- gory of lots of record. Mr. Mason explained that it would probably by several years before the project of 50 or less one-acre parcels, would be completely built. Richard DellAqua, 2920 Holmes St., was not in favor of incorporation into the city of Livermore because he felt it would have an adverse financial effect on him resulting from sewer and sidewalk assessments. He recommended denial of the General Plan amendment. Barbara Stear, 1224 Wetmore Rd., representing the six rema1n1ng fam- ilies in the area, requested that the City leave the zoning as it is, Open Space-Limited Agriculture, to preserve the rural character of the area. She felt there were several errors in the Negative Declaration, and urged denial of the request. Ray Rosa, 1904 Holmes Street, supported Mrs. Stear's position. Robert Dold, 1314 Wetmore Rd., one of the applicants, felt that a 1-5 zoning would provide better protection of the area. Chris Lagiss, l508 Wetmore Road, explained that development would not take place right away, that the developer would build about five homes per year. He added he'd been a resident of the area for over 20 years, and did not feel that it was a prime agricultural area. Mrs. Stear disagreed with the statement in the Negative Declaration that the additional 192 people, occupying proposed homes in the area, would not have a significant effect on the environment. ON MOTION OF CM EBERT, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. Cm Dahlbacka noted that originally much of the area was left in agricultural uses at the request of the residents. The zoning and density of the surrounding areas were discussed briefly. It was noted that the major objections of the Planning Commission were the project's effect on the sewer capacity and that the pro- ject was premature. em Turner stated that he would be in favor of the project if the normal improvements required of a residential development could be avoided to maintain the rural atmosphere. Mr. Nies pointed out that, at the present time, there was no mechanism to allow this. CM EBERT MOVED TO APPROVE THE REQUEST TO CHANGE THE LAND USE DESIG- NATION OF THE AREA UNDER DISCUSSION FROM OPEN SPACE-LIMITED AGRI- CULTURE TO RURAL RESIDENTIAL, SECONDED BY CM DAHLBACKA. MOTION PASSED 3-2, CM TURNER AND MAYOR KAMENA DISSENTING. The Negative Declaration was ordered filed with the Alameda County Clerk. CM-36-l92 June 25, 1979 PUBLIC HEARING RE 1978 NATL. ELECTRICAL CODE A public hearing was held regarding the proposed adoption of the 1978 National Electrical Code. The proposed Code amending ordinance has been introduced and ordered filed, and following the public hearing, may then be adopted. Mayor Kamena opened the public hearing; there were no comments from the audience. ON MOTION OF CM TURNER, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE THE ORDINANCE RELATING TO THE MUNICIPAL CODE AMENDMENT TO ADOPT THE 1978 NATIONAL ELECTRICAL CODE WAS ADOPTED. ORDINANCE NO. 989 AN ORDINANCE AMENDING CHAPTER 8, RELATING TO ELECTRICITY, BY THE AMENDMENT OF SECTION 8.1, RELATING TO ADOPTION OF THE NATIONAL ELECTRICAL CODE, OF THE LIVERMORE CITY CODE, 1959. RE REPAIR REQUIREMENTS FOR SALE OF PROPERTY A communication was received from F. Nelson Vassallo suggesting an ordinance requiring any needed repairs to fronting sidewalks, curbs, gutters be required of owners prior to sale of property. ON MOTION OF MAYOR KAMENA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE THE MATTER WAS REFERRED TO STAFF FOR A REPORT. CONT. DISC. RE CUP, NURSERY SCHOOL, HURLEY At its meeting of May 1, 1979, the Planning Commission denied a CUP application to allow a Nursey School for 34 children at 2486 East Avenue, submitted by Linda Hurley, on the basis that the required findings could not be made due to traffic problems and safety hazards which would occur as a result of the proposed use. Ms. Hurley appealed the denial, and the matter was tabled at a prior Council meeting. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY A VOTE OF 4-l, CM EBERT DISSENTING, THE ITEM WAS REMOVED FROM THE TABLE. MAYOR KAMENA NOTED THAT THERE IS A MOTION ON THE FLOOR, TO DENY THE APPLICATION, MADE PRIOR TO THE MOTION TO TABLE THE ITEM AT THE PREVIOUS MEETING. THE PRIOR MOTION WAS MADE BY CM STALEY AND SECONDED BY CM DAHLBACKA. Cm Turner restated that he could not support the motion because of the reasons stated at the previous meeting. Cm Ebert expressed concern with possible traffic safety problems but was in favor of granting the appeal. Discussion followed concerning liability insurance. Ms. Hurley, the applicant, pointed out that a great percentage of day care children will be dropped off and picked up at times other than peak traffic hours. Mayor Kamena said his concern was public safety, but pointed out that many assurances have been made by Ms. Hurley, the Police Dept., and interested persons that measures would be taken, such as putting in a U-shaped drive, to insure adequate public safety. CM-36-l93 June 25, 1979 (Re CUP, Nursery School) THE MOTION ON THE FLOOR WAS VOTED ON AND FAILED TO PASS ON A VOTE OF 2-3, CMDAHLBACKA AND STALEY IN THE MINORITY. CM EBERT MOVED TO APPROVE MS. HURLEY'S APPLICATION FOR A NURSERY SCHOOL AT 2486 EAST AVENUE WITH A CONDITION THAT A ONE-WAY TRAFFIC PATTERN BE INSTITUTED, SECONDED BY CM TURNER. CM TURNER MADE AN AMENDING MOTION THAT A CIRCULAR DRIVE, ACCEPTABLE TO CITY STAFF, BE INSTALLED: THAT A SIGN BE PLACED AT THE END OF THAT DRIVEWAY PROHIBITING LEFT-HAND TURNS: THAT THE PERMIT BE GRANTED FOR A PERIOD ENDING JUNE 25, 1982, SUBJECT TO REVIEW WITHIN ONE YEAR~ THAT USE SHOULD BE LIMITED TO THE CARE OF 34 CHILDREN OR FEWER AS REQUIRED BY THE FIRE DEPT.; THAT PROVISION BE MADE OF WRITTEN EVIDENCE OF CON- FORMANCE WITH THE REQUIREMENTS OF' THE ALAMEDA COUNTY HEALTH DEPT. AND OF HEALTH DEPT. LICENSE APPROVAL THROUGH THE STATE; AND THAT ANY TRANS- FER OF THE PERMIT SHOULD BE SUBJECT TO APPROVAL OF THE ZONING ADMIN- ISTRATOR TO INSURE CONTINUED COMPLIANCE WITH THIS APPROVAL. CM EBERT AGREED TO INCORPORATE CM TURNER'S AMENDING MOTION INTO HIS MAIN MOTION. CM STALEY MADE AN AMENDING MOTION TO REQUIRE AS A CONDITION OF THIS APPROVAL THAT THE APPLICANT CARRY LIABILITY INSURANCE IN A FORM THAT IS ACCEPTABLE TO THE CITY ATTORNEY, NAMING THE CITY AS CO- INSURED, IN THE AMOUNTS OF ONE (1) AND FIVE (5) MILLION DOLLARS, SECONDED BY CM DAHLBACKA. Mr. Reiners noted that it could be in the form of an additional en- dorsement limiting the policy to accidents in the public right-of- way. Cm Ebert felt that this provision might place a tremendous hardship on the applicant and did not feel that it was a necessary requirement. Cm Turner did not feel that the Council should establish insurance requirements on businesses that come into Livermore. CM EBERT AGREED TO INCOPRORATE INTO HIS MOTION THAT A REPORT BE MADE TO COUNCIL AFTER THE YEARLY REVIEW BY STAFF. THE AMENDING MOTION WAS VOTED ON AND PASSED 3-2, CM EBERT AND TURNER DISSENTING. THE MAIN MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. RULES SUSPENSION CM TURNER MOVED TO SUSPEND THE RULES AND ALLOW THE MEETING TO CON- TINUE TO 12:15, SECONDED BY MAYOR KAMENA. MOTION FAILED 2-3, CM TURNER AND MAYOR KAMENA IN THE MINORITY. CM TURNER MOVED TO SUSPEND THE RULES AND CONTINUE THE MEETING TO l2:05 A.M., SECONDED BY CM STALEY. MOTION PASSED 4-1, CM EBERT DISSENTING. CM EBERT MOVED TO REORDER THE AGENDA TO ALLOW DISCUSSION OF THE ITEMS REQUESTED BY THE DIRECTOR OF PUBLIC WORKS (ITEMS 5.4, 5.6 AND 5.7) BEFORE CONTINUING WITH THE REMAINDER OF THE AGENDA, SECONDED BY CM DAHLBACKA. MOTION PASSED 4-1, CM TURNER DISSENTING. RE LA VWMA & WRP REVENUE PROGRAMS The City Manager submitted to Council a report regarding LAVWMA and the water reclamation plant revenue programs. Staff recommended adoption of a resolution to set sewer service charge per Code Section 18.80 and setting of a hearing on the collection method for July 23. CM-36-l94 June 25, 1979 (Re WRP Revenue programs) In reply to a question by John Stein, Dan Lee, Director of Public Works, stated that the increase in sewer service charge represents the increase in supporting the Water Reclamation Plant budget, in addition to the LAVWMA expenses. It's an increase from $6.80 to $8.40/month for a single-family residence. It was also noted that most of the increase is due to the fact that the City has budgeted the monies for its share of the cost of the Federal programs that relate to the expansion of the plant. ON MOTION OF CM STALEY, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE STAFF RECOMMENDATION WAS APPROVED. RESOLUTION NO. 164-79 A RESOLUTION AMENDING THE SEWER SERVICE AND USE CHARGE AND AMENDING THE FILING DATE FOR THE FINANCE DIRECTOR'S REPORT RELATING TO COLLECTION OF SAID CHARGES ON TAX ROLL. RESO. RE FAA GRANT AGREEMENT A report was submitted to Council regarding the acceptance of the grant agreement, FAA, for the east approach area acquisitions and run- way markings. It recommended adoption of the pertinent resolution. ON MOTION OF CM STALEY, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE STAFF RECO~MENDATION WAS APPROVED. RESOLUTION NO. l65-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Federal Aviation Administration) RESOS. RE T-HANGAR CONSTRUCTION, PHASE IV The City Manager's report regarding T hangar construction loan proposal for Phase IV recommended that Council adopt resolutions authorizing the loan agreement and revenue note with Wells Fargo Bank and award a con- tract for construction of 72 units to Vanderson Construction Co. ON MOTION OF CM STALEY, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE CITY MANAGER'S RECOMMENDATION WAS APPROVED. RESOLUTION NO. l66-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT AND REVENUE BOND (Wells Fargo Bank) RESOLUTION NO. 167-79 A RESOLUTION AWARDING BID AND AUTHORIZING EXECUTION OF AGREEMENT (Vanderson Construction) RE PARCEL MAP 2860, KERRY TAYLOR The Planning Commission recommended approval of Tentative Parcel Map No. 2860 as outlined in Planning Commission Resolution No. 3l-79, and that the Negative Declaration be filed with the Alameda County Clerk. ON MOTION OF CM STALEY, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, THE P.C. RECOMMENDATIONS WERE APPROVED. CM-36-l95 June 25, 1979 RE ANDERSEN PACKAGE TREATMENT PLANT ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, ITEM 4.2 REGARDING A REQUEST RECEIVED FROM C. ANDERSEN REGARDING A PACKAGE TREATMENT PLANT, WAS CONTINUED TO THE MEETING OF 7/9/79. BUSINESS LICENCE REDUCTION REQUEST, SILVER METALS The City has received a letter from Silver Metal Products requesting the reduction of one year's business license tax by lOOt as provided for in Section 12.36 of the Municipal Code. The required conditions will be met and staff is recommending approval of the request. ON MOTION OF CM STALEY, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE THE STAFF RECOMMENDATION WAS APPROVED. RE RDP QUOTA - 1980 ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, ITEM 5.3 REGARDING A REPORT FROM THE PLANNING DEPARTMENT RE- LATING TO THE RDP QUOTA FOR 1980 WAS CONTINUED TO THE MEETING OF JULY 9, 1979. T. ROSE REQUEST FOR ANNEXATION AND ASSESSMENT DISTRICT A request was received from Terrence J. Rose to annex property and for an assessment district regarding 68 acres on Kittyhawk Rd., east of Airway Blvd. The Planning staff recommended approval of the proposed annexation and that the developer retain an engineer to prepare a project report for the proposed assessment district. ON MOTION OF CM STALEY, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE STAFF RECOMMENDATION WAS APPROVED. VARIOUS APPOINTMENTS ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, HAZEL ASHWORTH WAS APPOINTED TO THE HOUSING AUTHORITY FOR THE UNEXPIRED TERM OF SHEILA DONOHUE ENDING JANUARY 1983. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, LYNNE THOMSON WAS APPOINTED TO THE HOUSING AUTHORITY FOR THE TERM ENDING JANUARY 1983. CM EBERT INDICATED THAT HE WOULD LIKE TO MAKE A NOMINATION FOR THE HOUSING AUTHORITY AND MOVED TO RECONSIDER THE ITEM, SECONDED BY MAYOR KAMENA. MOTION PASSED UNANIMOUSLY. CM TURNER MOVED TO APPOINT HAZEL ASHWORTH TO THE HOUSING AUTHORITY, SECONDED BY CM DAHLBACKA. MOTION PASSED 4-1, CM EBERT DISSENTING. CM EBERT MOVED TO APPOINT BETTY PETERSON TO THE HOUSING AUTHORITY, SECONDED BY MAYOR KAMENA. MOTION FAILED 2-3, CM EBERT AND MAYOR KAMENA IN THE MINORITY. CM TURNER MOVED TO APPOINT LYNNE THOMSON TO THE HOUSING AUTHORITY, SECONDED BY CM STALEY. MOTION PASSED 4-1, CM EBERT DISSENTING. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, MAYBELLE WOODS WAS APPOINTED TO THE GREENS COMMITTEE. ON MOTION OF MAYOR KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, RONALD J. FURTADO WAS APPOINTED TO THE BUSINESS & INDUSTRIAL ADVISORY BOARD. CM-36-l96 June 25, 1979 (Re Various Appointments) CM TURNER NOMINATED DAVE GREINER FOR THE BUSINESS AND INDUSTRIAL ADVISORY BOARD. MOTION DIED FOR LACK OF SECOND, when it was pointed out that the Council has a policy of appointing residents of the City of Livermore only to Boards and Commissions. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, SUSAN MAYALL AND JOAN PENDERGAST WERE APPOINTED TO THE SOCIAL CONCERNS COMMITTEE FOR FOUR YEAR TERMS ENDING IN JUNE OF 1983, AND GENEVIEVE WATCHEMPINO WAS REAPPOINTED FOR A FOUR YEAR TERM. REGARDING THE LIBRARY BOARD, ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, WALDO G. MAGNUSON, Jr. WAS APPOINTED TO FILL THE UNEXPIRED TERM ENDING JUNE 1981, AND MARY ELLEN HASBROUCK WAS REAPPOINTED FOR A TWO YEAR TERM. P.C. SUMMARY OF ACTION, MEETING OF JUNE 19, 1979 ON MOTION OF CM EBERT, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE SUMMARY OF ACTION OF THE PLANNING COMMISSION MEETING OF JUNE 19, 1979 WAS NOTED. CONSENT CALENDAR ON MOTION OF CM EBERT, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, ITEM 6.8 REGARDING AIRPORT RATES AND CHARGES FOR HANGARS, SHELTERS AND TIE-DOWN SPACES WAS PULLED FROM THE CONSENT CALENDAR AND WILL BE PLACED ON THE AGENDA OF JULY 9, 1979. Added to the Consent Calendar, subsequent to preparation of the agenda, was Item 6.10 regarding an agreement and resolution for Southern Pacific Development Company. Resos. Awarding Bids A bid was awarded to Hoyt & Buettner for a tractor/loader/scraper to be used by the Water Dept. for maintenance and repairs of the water system. RESOLUTION NO. l68-79 A RESOLUTION AWARDING BID AND AUTHORIZING EXECUTION OF AGREEMENT (Hoyt & Buettner) A bid was awarded to W.G. Lewis, Inc. for the 1979 Street Resurfacing Contract. RESOLUTION NO. 169-79 A RESOLUTION AWARDING BID AND AUTHORIZING EXECUTION OF AGREEMENT (W. G. Lewis) Council adopted a resolution awarding a bid on the Palm Ave. and So. "S" St. Sanitary Sewer Projects. RESOLUTION NO. 170-79 A RESOLUTION AWARDING BID AND AUTHORIZING EXECUTION OF AGREEMENT (Manuel L. Cunha) CM-36-l97 June 25, 1979 Resos. re Fund Transfers The City has a pOlicy of making all annual budgetary fund transfers at the end of the fiscal year. The various transfers have been itemized as amended, in the form of the attached resolution which staff is recommending for adoption. RESOLUTION NO. l7l-79 RESOLUTION AUTHORIZING AND DIRECTING TRANSFER OF FUNDS RESOLUTION NO. 172-79 A RESOLUTION AUTHORIZING 1978-79 SUPPLEMENTAL BUDGET ALLOCATIONS Reso. re TDA Claims Amendment The Council adopted a resolution regarding amendments to the 1978-79 and 1979-80 Transportation Development Act Claims. RESOLUTION NO. l73-79 A RESOLUTION APPROVING AMENDMENT TO 1978-79 CLAIM AND 1979-80 APPLICATION UNDER TRANSPORTATION DEVELOPMENT ACT. Hearing Set The Council set July 9 for a public hearing regarding First Street renaming of area abandoned as First Street. Reso. Re Under- ground District The Council adopted a resolution declaring intention to establish an underground district, So. L Street, Railroad Ave. to First St. A hearing is set for August 13, 1979. RESOLUTION NO. 174-79 RESOLUTION DECLARING INTENTION TO CALL PUBLIC HEARING FOR REMOVAL OF POLES AND OVERHEAD WIRES FROM PUBLIC STREETS AND DIRECTING CITY CLERK TO NOTIFY PROPERTY OWNERS, UTILITY USERS AND UTILITY COMPANIES. (L Street between First and Railroad) Re Proposed Amendment, Residential Bldg. Report Council directed the City Attorney to prepare the ordinance relative to the proposed amendment to the Residential Building Report. Springtown Pro Shop- Snack Bar Agreement The Council adopted a resolution authorizing execution of an agree- ment with Billy and Ella Menear relative to the Springtown Pro Shop- Snack Bar. RESOLUTION NO. 175-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Billy and Ella Menear) CM-36-198 June 25, 1979 Resos. re HCD Block Grants, 1979-80 The Council adopted resolutions authorizing execution of Housing and Community Development block grants, 1979-80 contracts. RESOLUTION NO. l76-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Tri-Valley Haven for Women) RESOLUTION NO. l77-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Livermore Housing Authority) RESOLUTION NO. l78-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Eden Council for Hope and Opportunity) RESOLUTION NO. 179-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Buenas Vidas Ranch) RESOLUTION NO. 180-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Alameda County Association for the Mentally Retarded) Reso. re SP Development This item, 6.l0 Resolution and agreement regarding Southern Pacific Development, was added to tonight's agenda. RESOLUTION NO. 181-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Southern Pacific Development Company) CONSENT CALENDAR APPROVAL ON MOTION OF CM EBERT, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED WITH THE INCLUSION OF THE ADDED ITEM 6.10, AND WITH THE EXCEPTION OF ITEM 6.8 WHICH WAS PULLED FOR ADDITION TO THE NEXT MEETING'S AGENDA. ORD. INTRO. RE REZONING FOODMAKERS, INC. ON MOTION OF CM EBERT, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE ORDINANCE REGARDING THE ZONING ORDINANCE AMENDMENT REFLECTING ACTION RELATING TO FOODMAKERS, INC. APPLICATION TO REZONE PROPERTY FROM CB-l TO CB-2 DISTRICT WAS INTRODUCED AND READ BY TITLE ONLY. MATTERS INITIATED BY STAFF & COUNCILMEMBERS (Council Voting Policy) Mayor Kamena asked for discussion of the two items raised at the Open Forum by Mrs. Parra. Regarding the voting policy, Mr. Reiners indicated that Council Rules of Ortler specifically state that in the case of a collective vote, silence indicates an affirmative vote. CM-36-l99 June 25, 1979 (Re Voting Policy) It was agreed that the rules do not cover the situation of a roll call vote but could be handled by a ruling of the chair. CM EBERT MOVED FOR ADJOURNMENT OF THE MEETING, SECONDED BY CM DAHLBACKA. CM EBERT MADE A SUBSTITUTE MOTION TO SUSPEND THE RULES TO EXTEND THE MEETING FOR 5 MINUTES TO ALLOW DISCUSSION OF MATTERS INITIATED. THE MOTION WAS SECONDED BY MAYOR KAMENA AND PASSED UNANIMOUSLY. (Heritage Preservation Commission) The Council directed the staff to contact the Heritage Preservation Commission asking them for a list of names of candidates for appoint- ment to that Commission. (Public Forum Policy) The Council discussed a public forum policy regarding firearms at public meetings. After a brief discussion, a verbal altercation developed between a Councilmember and a member of the audience, at which point a motion was made for adjournment. ADJOURNMENT ON MOTION OF CM TURNER , SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE MEETING WAS ADJOURNED. The next regular meeting of the Livermore City Council will be July 9, 1979 at 8:00 p.m. It will be preceded by a joint session with the Planning Commission at 7:00 p.m. ATTEST (- # ~ J ~~J'¿ ~~M- Mayor ~d~ Cl.ty C er Livermore, California APPROVE Regular Meeting of July 9, 1979 A regular meeting of the Livermore City Council was held on Monday, July 9, 1979, in the Municipal Court Chambers, 39 South Livermore Avenue. The meetinq was called to order by Mayor Kamena at 8:l8 p.m. ROLL CALL Present: Cm Dahlbacka, Ebert, Staley, Turner and Mayor Turner Absent: None PLEDGE OF ALLEGIANCE Mayor Kamena led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. CM-36-200 July 9, 1979 MINUTES APPROVAL OF 6/18, 6/23, & 6/25/79 ON MOTION OF CM EBERT, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE THE MINUTES OF THE ADJOURNED REGULAR MEETING OF JUNE 18, THE BUDGET MEETING OF JUNE 23, AND THE REGULAR MEETING OF JUNE 25, 1979, WERE APPROVED AS SUBMITTED. OPEN FORUM (Re CUP, Linda Hurley) Linda Hurley, 2486 East Avenue, requested discussion of an amendment to the CUP granted to her, which she felt was unreasonable. Mayor Kamena pointed out that the item was already on tonight's calendar, Item 6.l0 on the Consent Calendar. CM EBERT MOVED TO SUSPEND THE RULES, TO PULL THE ITEM FROM THE CALENDAR AND TO ALLOW MRS. HURLEY TO ADDRESS THE ISSUE IMMEDIATELY FOLLOWING THE OPEN FORUM, SECONDED BY CM TURNER. THE MOTION FAILED TO PASS, CM EBERT AND TURNER IN THE MINORITY. (Later in the meeting, this item was pulled from the Consent Calendar and discussed, see p. 2l4) (Re Item Addition) Kay Parra, 819 Brennan Way, requested the addition of an item to tonight's agenda. Mayor Kamena explained the available options to her. Russ Kamp, l404 Chelsea, pointed out that he had received a public hearing notice regarding renaming of First St., but that the item is listed on tonight's agenda under New Business. It was explained that any public discussion can be interpreted as a oublic hearing. P.lI. RE G.P. LAND USE CHANGE, PALOMAR/PALMER This hearing, continued from a previous meeting, pertained to a request of Steve Palmer (Palomar Financial) to change the land use designation for an area of approximately 53 acres located north of I-580 between Bluebell Drive and Central Avenue from Urban Low Medium Residential (3 dwelling units per acre) to Urban Medium Residential (4.5 dwelling units per acre). Keith Fraser, representing the applicant, explained that, originally, Palomar had intended to use the area in question as a mobile home park since it was adjacent to I-580 and an already established mobile home park. Subsequently, it was determined that this property does not have several of the amenities necessary for a mobile home park and a new concept of a mixed development, one-half low cost housing and one-half moderate cost housing is being proposed. Rod Stevenson, Vice-President of Larwin Construction Co., noted that with planning, a well-designed, aesthetically-pleasing subdivision can be built which meets the criteria of low income housing. are Fraser mentioned that Earl Mason, their engineer, has calculated that since there will be no large front-end costs from major improve- ments such as large streets, a density of 4.5 should be sufficient to allow the building of low cost housing, instead of the usual 6/acre. He added that the owners are willing at this time to make available a park dedication, dedication for a city fire station and the annex, and put in the major frontage road to link Vasco with the western part of Springtown, all free of charge. CM-36-20l July 9, 1979 (Re P.H. - Land Use Change, Palomar/Palmer) Don Miller, 2862 Waverly, felt that since houses do not pay their way to begin with, it did not seem reasonable to create more in an area where it costs more to provide services than it would closer to the center of the city. Low cost housing, he felt, could be pro- vided under the existing ordinances without the granting of density increases by piecemeal èhanges of the General Plan. Jason Traxler, 516 Alameda Dr., member of the Housing Coordination Committee, stated that as a citizen of the community he felt it was necessary to provide reasonable incentives to obtain much-needed low cost housing in the community. ON MOTION OF MAYOR KAMENA, SECONDED BY CM EBERT, AND A VOTE OF 4-0, CM STALEY ABSTAINING, THE PUBLIC HEARING WAS CLOSED. Cm Staley noted for the record that he would not participate in the discussion and would abstain from voting on this item. Howard Nies, Planning Director, stated that the Planning staff recom- mended approval of the request based on the surrounding density being similar, the donation of the park and fire station site, and the provision of the road linking Vasco and Springtown which will allow better fire service to the industrial area to the east. It is cur- rently zoned OSUR with a maximum density of 3/acre. Gary Reiners, in reply to a question, stated that the developer has the practical problem of not being able to generate enough units through a density transfer on the property that he owns in order to build t~e. p~oposed development. . . . fi\~ ~l ,rµt:if.~. b¿CPtuS,l A (ClMpeththIS" e t/ . Cm Dahlbacka was not in favor of granting the request)( ·(noa~ ef Cm d . . d é.ó.i ~ " t ~ /2.. t v j l v",) w ."t ~ LA I\J O. W A'1 M -th t Plp¡t.I. Cc(Y\. AIIJ d App I; CA-i;1:. .) Lv.....:) .f £I It ~.e ~ "" tht -.i 1 C t µit..c . Cm Turner's position was favorable to granting the request of the applicant, based on the reasons given by Mr. Nies, in addition to Cm Turner's feeling that low income housing was greatly needed in the community. CM TURNER MOVED TO APPROVE THE PROJECT AS PRESENTED BY THE DEVELOPER WITH THE CONDITION THAT HE DOES BUILD TO THE LOW AND MODERATE INCOME STANDARDS, SECONDED BY CM EBERT. In reply to a question by Mayor Kamena, Mr. Reiners explained that in his opinion a binding committment is made as a condition and if that commitment was to be breached, the city would have the author- ity to suspend the issuance of any permits, licenses, etc. and to begin proceedings to revert the General Plan designation or any zon- ing adopted under it back to its former state. It would be a policy matter and problems could arise in the future, he added. He noted that the Council could write in text to the General Plan to go with the land use element amendment indicating the intention of the Coun- cil to permit higher density in this area only for the purpose of providing low/moderate income housing with the actual contractual obligation being applied at the time the zoning was placed. Creation of a new land use designation category such as Urban Medium Density/Low Moderate was also suggested. Mr. Fraser indicated he felt the Planned Unit Development would give the city protection throughout the construction. Mr. Reiners agreed. Mayor Kamena noted that the current designation of 3 units per acre would allow the building of l60 units. He suggested that it is pos- sible under the present General Plan designation to build the 160 units on half of the site which would result in a density of 6/acre. CM-36-202 July 9, 1979 (Re P.H. - Land Use Change, Palomar/Palmer) He added that if the Planning Commission and the City Council is going to study those areas that have less OS-UR area, such as the area under discussion, the Council should wait for the conclusion of the study. He felt the number of OS-UR areas that the city has is unwieldy and that he would like to continue to support three units per acre for the area being discussed. THE MOTION WAS VOTED ON RESULTING IN A 2-2 VOTE, CM DAHLBACKA AND MAYOR KAMENA DISSENTING AND CM STALEY ABSTAINING. PUBLIC HEARING RE CUP/PUD, SCHENONE/JENSEN, P.M. 2810 A public hearing was held concerning a Conditional Use Permit/Planned unit Development Permit submitted by J. Schenone (Roy N. Jensen) to allow development of two single family sites located at the southeast corner of Heather Lane and Scenic Avenue. Also to be considered con- currently is Parcel Map No. 2810 and the Negative Declaration. The staff recommendation was to file the Negative Declaration and approve PUD/CUP No. 215-79 and Tentative Parcel Map No. 2810 in accordance with Planning Commission Reso. No. 30-79. Mayor Kamena declared the public hearing open; there were no comments from the audience. ON MOTION OF CM TURNER, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE THE PUBLIC HEARING WAS CLOSED. ON MOTION OF CM TURNER, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE PUD/CUP WAS APPROVED IN ACCORDANCE WITH P.C. RESO. 30-79, THE NEGATIVE DECLARATION WAS ORDERED FILED WITH THE ALAMEDA COUNTY CLERK, AND TENTATIVE PARCEL MAP NO. 2810 WAS APPROVED. PUBLIC HEARING RE 1979-80 OPERATING BUDGET, REVENUE SHARING Ftn1DS DISBURSEMENT Mayor Kamena explained that on June 23, 1979, the Council met in budget session and made some recommendations relative to items to be discussed and possible amendments to the budget as recommended by the City Mana- ger. Lee Horner, City Manager, stated that there were two things to consider under this item, the operating budget and the capital improvements bud- get, which can be acted on separately or together. The operating bud- get, as submitted, incorporates the changes that Council discussed on the 23rd, those items also being reflected in the City Manager's memo of July 2, 1979. Other items, he commented, that do not have a direct cost effect on the budget, will be brought back to Council for study later in the year. One of these items will be custodial service for the new administration building and other buildings in the Civic Cen- ter. Regarding Fire Department budget reductions, he recommended the elimination of the clerk position and some capital outlay items, with the possibility of eliminating the position of Fire Fighter Inspector if necessary. CM EBERT MOVED TO TABLE TEE ITEM, IN ITS ENTIRETY, UNTIL THE NEXT COUNCIL MEETING, TO GIVE THE CITY MANAGER ADDITIONAL TIME, AND TO ALLOW FOR FULLER CONSIDERATION, SECONDED BY CM STALEY. CM EBERT MADE A SUBSTITUTE MOTION TO CONTINUE THE ENTIRE ITEM TO THE MEETING OF JULY l6, 1979, SECONDED BY CM STALEY. MOTION WAS DEFEATED 2-3, CM EBERT AND STALEY IN THE MINORITY. CM-36-203 July 9, 1979 (Re P.H. re Budget) Cm Staley stated that he was not ready to proceed on the Capital Improvements Budget and requested that it be continued to another convenient date, with public testimony, if any, being taken tonight. Council concurred by 4/5 majority. Cm Staley requested that the Capital Improvements portion only, of the Budget, be put over until the first meeting in August, and any testimony on that issue be taken tonight. Mr. Reiners pointed out that Council policy on requests is only for one week. If the request is for a period longer than a week, a motion to continue is required. CM STALEY MOVED TO CHANGE THE MEETING OF AUGUST l3 TO AUGUST 6 AND TO CONTINUE A VOTE ON THE CAPITAL IMPROVEMENTS BUDGET TO THAT MEETING, SECONDED BY CM EBERT. MOTION PASSED 4-1, CM DAHLBACKA DISSENTING. Mrs. Parra expressed concern with proposed reductions in the Fire Department budget, opposing any budget cuts. Cm Ebert stated that he did not believe that there was, at any time, any suggestion that the Emergency Services medical capability of the Fire Department be deleted or be cut. He thought that the substance of the idea was one put forth by Cm Staley with the idea that there might be $100,000 worth of cuts available in the Fire Department bud- get without deleting any services. At no time, in his recollection, was there any idea that any of the medical capabilities would be cut. Cm Ebert refuted the opinion of the previous speaker as regards his position on the budget item which specifically relates to the Fire Department. Jack Uroff, 752 William Dr., congratulated Chief Baird on the sta- tistic which showed that his department spends only 2% of their time in actual fire-fighting duties. He felt this figure reflected the tremendous efforts expended by the department in fire preven- tion and fire education duties. He suggested that Council pay more heed to the advice of professionals. Terry Fox, 2794 Tahoe Dr., member of the Library Board, stated that the library budget as submitted by the City Manager, is unacceptable to the members of the Board. The Board would like to discuss it with the City Manager and with Council for resolution of differences. He suggested that a budget of $298,000 was necessary just to main- tain the same services provided during the last year, instead of the proposed cut of $50,000. He felt that the proper channels, as set up by the Library Board resolution, had not been followed in making cuts in the Library budget. Mr. Miller supported the statements made by Mr. Fox. (Recess) Mayor Kamena called for a brief recess after which the meeting re- sumed with all Councilmembers present. (Re P.H. re Budget) Mayor Kamena commented that a pUblic hearing is the time for public input on issues that are pertinent and asked that comments of a personal nature not be made. Barbara Mitchell, 5577 Bridgeport Circle, mentioned a report by the Livermore Cultural Arts Council Art Advisory Committee, which was formed last December to look into the possibility of commis- sioning a major work of art for the new administration building. CM-36-204 July 9, 1979 (P.H. re Budget) She noted that the City Manager's office had asked the Cultural Arts Council, last November, to look into the matter. The Committee found that there is Federal money available, through The National Endowment of the Arts, in the form of matching grants, especially to small and medium-sized cities, to finance works of art in public places. The Committee was recommending that Council discuss the matter, adopt a resolution favoring, in principle, acquiring a work of art for the administration building, allocation of a portion of the building's contingency fund toward part of the cost of the work of art, and to allow LCAC to continue to serve as a body representing the arts inter- ests in Livermore. She asked that LCAC and the City of Livermore staff jointly work out a grant application to the National Endowment for the Arts for matching funds, and also requested an initial allot- ment of $500 for the expenses involved. It was the consensus of Council that the report of the Art Advisory Committee be incorporated into a staff report to Council. CM TURNER MOVED TO CONTINUE THE BUDGET HEARING TO JULY 23, 1979, SECONDED BY CM DAHLBACKA. CM TURNER MADE A SUBSTITUTE MOTION TO CONTINUE THE PUBLIC HEARING ON THE FISCAL OPERATING BUDGET TO AUGUST 6, 1979, SECONDED BY CM DAHL- BACKA. MOTION PASSED UNANIMOUSLY. RE JOBS FOR TEENS PROGRAM A letter was received from Jack King of the Social Concerns Committee recognizing the Jobs for Teens program and the work accomplished by it. RE RESIGNATION FROM PLANNING COMMISSION A letter of resignation from the Planning Commission was received from Stephen A. Massey. It was accepted and staff was requested to send Mr. Massey a letter of apprecation for his past service to the city. It was the consensus of the Council to declare the position of Planning Commissioner open to interested applicants. CM TURNER MOVED TO ADVERTISE FOR THE OPENING AND CLOSE THE FILING DATE ON AUGUST 6 WITH APPOINTMENT TO FOLLOW AT THE MEETING OF AUGUST 6, 1979. CM TURNER MADE A SUBSTITUTE MOTION TO ADVERTISE THE OPENING AND CLOSE THE APPLICATIONS ON JULY 20, 1979, WITH INTERVIEWS TO BE HELD ON THE EVENING OF THE 23RD, FOLLOWED BY APPOINT~ŒNT AT THE MEETING OF THE 23RD OF JULY. MOTION DIED FOR LACK OF A SECOND. It was the consensus of the Council to allow the Mayor to take care of the matter, setting the necessary dates. Mr. Nies mentioned that the chairman of the Planning Commission will be on vacation in August, with the possibility of another commissioner being gone at the same time, and suggested that the appointment be made prior to August 1, 1979. NEW ADMINISTRATION BUILDING ART PROPOSAL A request was received from the Livermore Cultural Arts Council to report on ways art can be provided for the new administration building. Since this item was discussed in some detail during the public hearing regarding the budget (see p. 204), it was referred to staff for a report back to Council. CM-36-205 July 9, 1979 TREVARNO ROAD STREET CONDITIONS A communication was received from the Board of Directors of the Tre- varno Road Homeowners Association regarding the condition of Trevarno Road. CM STALEY MOVED TO REFER THE CONCERNS OF THE HOMEOWNERS TO STAFF FOR COMMENT AND REPORT, SECONDED BY CM TURNER. Cm Staley pointed out that there are some legal questions involved and did not feel that it was appropriate for the City to provide the required legal advice. THE CONSENSUS OF THE COUNCIL WAS TO REFER THE MATTER TO THE CITY MANAGER'S OFFICE FOR A REPLY TO THE FACTUAL QUESTIONS WITH LEGAL QUESTION TO BE RESOLVED BY THE HOMEOWNERS COUNSEL, IF NECESSARY. CITY MANAGER'S REPORT Mr. Horner noted that the City has been notified by the Environmental Protection agency that we have been awarded a grant of $5l0,750 to assist in Step II of Phase IV of the Water Reclamation Plant Expan- sion, the remainder of the design phase. It will be on the agenda of the next meeting for formal approval by the Council. Regarding the item addition requested at tonight's Open Forum, Mr. Horner gave a synopsis of the City Attorney's ruling regarding the collective and roll call vote policy of the City Council. He asked Council's direction regarding the voting policy and the matter of prohibition of weapons at a public meeting. It was the consensus of the Councilmembers to have both items placed on a future agenda for discussion purposes. Cm Turner expressed concern with citizens reports that Mopeds and motorcycles are being ridden in the bike lanes. Mr. Reiners explained that past policy has been to prohibit the use of Mopeds on non-adjacent bike paths. Cm Turner suggested that paths not adjacent to streets should be posted and that the Police Chief should be notified of the situa- tion. A possible ordinance amendment was discussed and it was decided to discuss it further at a later meeting. RE RDP QUOTA FOR 1980 A report from the Planning Department regarding the RDP quota for 1980 recommended that the quota be deferred until the Council is assured of expansion from 5 mgd to 6 mgd. CM STALEY MOVED TO SET THE 2% QUOTA THIS YEAR USING THE SAME NUMBER USED LAST YEAR ADDED ONTO THE BASE, TIMES 2% (OF THE PRESENT HOUSING UNITS), SECONDED BY CM TURNER. em Staley added that the number can be obtained by taking the base number and adding the year 1977-78. He did not think that setting the quota at 2% had anything to do with sewer capacity although allowing construction of the units would. CM STALEY MADE AN AMENDING MOTION THAT WHATEVER THE BASE WAS AND WHATEVER THE ACTUAL CONNECTIONS (BUILDING PERMITS THAT HAVE BEEN ISSUED) AS OF JUNE 30, 1979, SHOULD SEEM TO BE THE LOGICAL CUTOFF FIGURE TO BE MULTIPLIED BY 2%. Mr. Reiners noted that the motion would set a growth rate of up to 2% based on the availability of all necessary facilities. CM-36-206 July 9, 1979 (Re 1980 RDP Quota) THE ~1ENDING MOTION WAS SECONDED BY CM TURNER AND PASSED UNANIMOUSLY. ANDERSEN PACKAGE TREATMENT PLANT Council has previously received a letter from Chester Andersen through David Madis requesting that the City approve a development of 288 units located at l570 portola Avenue in the vicinity of Portola Avenue and I-580. It proposed that the development would be annexed to the City upon completion of the units and to handle the sewage effluent an inde- pendent package treatment plant would be constructed. CM TURNER MOVED TO DENY THE REQUEST FOR THE DISCRETE SEWER TREATHENT PLANT, SECONDED BY CH DAHLBACKA. David Madis, lOll Geneva, representing Mr. Andersen, did not feel that a discrete sewage treatment plant was experimental, stating that they are used throughout the United States because of their very economical costs. He added that they have been in use for 30-40 years with mini- mal problems and that the quality of the effluent has been approved by the State Water Quality Control Board. Such a plant is economically feasible to build, he stated, economically feasible to operate, and is not in any way a danger to public health, welfare and safety, or a burden to the taxpayer. His proposal was to go along with the project design as outlined by City staff, approval in principle if the project met the State design standards, contact the State Water Quality Con- trol Board, design a plant and get their approval, and come back with a total workup of the plant. He noted that annexation could occur at any phase, at the discretion of the City. Clyde Taylor, 314 Mitchell Ct., supported Cm Turner's motion, feeling the the proposed treatment plant could eventually be a liability to the City. He added that the proposed development was an ideal use for the property but would prefer that Mr. Andersen annex to the City and develop as has been the policy in the past for all developers. Archer Futch, 1252 Westbrook Pl., agreed with Mr. Taylor's comments, and added that in his opinion the energy costs of a reverse osmosis process treatment plant would be prohibitively high. Mr. Madis felt Zone 7 would be very receptive to working with and seeing what the effects and results would be of the proposed plant. Cm Ebert indicated that operation of this type of plant has been done regularly, routinely and successfully, and did not feel that it would be a big gamble on the part of the City since Mr. Andersen would start with only 50 units. Mr. Horner noted that the annexation request was acceptable to the staff but stated that regarding the treatment plant proposal, the staff could not make a favorable recommendation until more information was received concerning the possible problems involved. Mr. Reiners said that the project would not be exempted from the RDP if it was annexed to the City. If it was permitted under City stan- dards to develop outside the City limits, its position under the RDP would be questionable, he added. The biggest legal problem, he felt, that the package plant concept raises is the one of responsibility since the Regional Water Quality Control Board will require a govern- mental entity to become responsible regardless of the ownership of the plant. Cm Dahlbacka supported Cm Turner's motion because of his concern with the risk to the City. CM-36-207 July 9, 1979 (Re Andersen Proposal) Cm Staley said that the the proposal doesn't have enough details in it for him to vote affirmatively on it but thought it was an area which must be studied since he felt that the City must eventually consider an alternative form of sewage disposal other than continu- ally increasing the present capacity of the Municipal Plant. He did not think that the present proposal contained enough information or assurances to permit approval by Council, adding that it was a sub- ject which would take months of study to reach a decision. Cm Turner remarked that the City would be committing the future be- cause of the serious legal implications involved if authorization is given to the proposal. Mayor Kamena remarked that he hoped the Andersen property would develop within the City limits and under the present rules partic- ularly in light of tonight's news of the grant approval. Mr. Madis informed Council that his client has applied under the RDP. THE MOTION PASSED 4-1, CM EBERT DISSENTING. MEETING EXTENSION ON MOTION OF CM EBERT, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE RULES WERE SUSPENDED TO ALLOW THE MEETING TO CONTINUE TO 12:00 MIDNIGHT. DISC. RE RENAMING OF FIRST STREET Discussion was held regarding the name/names to be assigned to the westerly and easterly portions of First Street since the alignment has been changed by the overpass and relocation. Cm Ebert stated that the consensus of 20 merchants on the westerly portion and 4 on the easterly portion of the street was to retain the same numbers, naming the portion east of the railroad tracks Gardella Plaza, and the portion west of the railroad tracks Old First Street. CM EBERT MOVED TO APPROVE THE CONSENSUS OF THE MERCHANTS, SECONDED BY CM STALEY. Dorothy Hock, City Clerk, felt that the street name, Old First Street, would result in confusion, and recommended that a new street name would be the best arrangement. Russ Kamp, 2695 First St., mentioned that First St. has been known as a business area, as opposed to Junction Ave. which is strictly residential, never having had any business connections. He and the other business owners felt that Old First Street would be assoc- iated with the fact that it must be off the new First Street, and could be promoted as a business area. He also mentioned that the sidewalks are in along the south side of the new bypass, but along the north side, sidewalks must be put in by the developers. em Staley suggest naming the easterly portion as First Court. em Turner supported the consensus of the merchants of the area in- volved and the motion on the floor. THE MOTION PASSED UNANIMOUSLY. CM-36-208 July 9, 1979 FINAL MAP, TRACT 4l0l KAUFMAN & BROAD The developer of Tract 4l04, located north of Scenic, east of Broad- moor St., has completed the Final Maps and plans in accordance with the conditions of the tentative tract approval and staff is recommend- ing adoption of resolutions accepting bonds, authorizing execution of agreement and the filing of the map. Dan Lee, Director of Public Works, pointed out that there is a modifi- cation of one requirement of horticultural consideration which spells out in more detail the developer's responsibility relative to soils treatment, and the notification of the potential homeowners of the soil conditioning that needs to be done. Mr. Reiners noted that approval is subject to receipt of acceptable required performance bonds, insurance certificates, dedications, etc. Discussion followed concerning the extent of the city's responsibility regarding the soil problems in the area. ON MOTION OF CM EBERT, SECONDED BY CM DAHLBACKA AND BY A VOTE OF 4-1, CM TURNER DISSENTING, THE STAFF RECOMMENDATION WAS APPROVED SUBJECT TO DOCUMENT APPROVAL INCLUDING A DISCLOSURE STATEMENT IN TERMS OF THE WORDING OF THE CITY'S LIABILITY. (/~ wl~ c.....". ~~ l!t1.o'~> . ('. 2.fl) ð-I< 1):;(.J.rz-0 ' r <2.~ 0 RESOLUTION NO. l82-79 Ctt¡¡olu/.- RESOLUTION ACCEPTING AGREEMENT AND BONDS FOR IMPROVEMENTS TO TRACT 4101 RESOLUTION NO. 183-79 RESOLUTION APPROVING MAP OF THE SUBDIVISION OF TRACT 4101 KAUFMAN & BROAD REQUEST RE TRNT. MAP NO. 3760 A request has been received from Kaufman & Broad for a 12 month exten- sion of Tentative Tract Map No. 3760, located north of East Avenue in the Wagoner Farms area. Staff recommendation was to àpprove the re- quest. Cm Staley noted that in his op1n10n the sign on East Avenue adver- tizing Tract 3760 did not meet City standards even though he was a- ware that the sign was not within the City limits. Because of this he asked that this item be continued to the next meeting. He also asked that the City Attorney, at the next meeting, present a report regard- ing appropriate signing for subdivisions. It was the consensus of Council to continue the item to the meeting of July 23. MEETING EXTENSION ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE RULES tiERE SUSPENDED TO ALLOW THE MEETING TO CONTINUE TO l2:l5 A.H. SILVER METALS PRODUCTS, TENT. P.M. NO. 2988 The Planning Commission submitted a report regarding the Tentative Parcel Map No. 1988, Silver ~1etals Products, and the Negative Declar- ation. Staff recommendation was to file the Negative Declaration with the Alameda County Clerk, and to approve Tent. P.M. 2988 in accordance with Planning Commission Reso. No. 40-79. ON MOTION OF CM EBERT, SECONDED BY CM DAHLBACKA AND BY A VOTE OF 4-1, CM TURNER DISSENTING, THE STAFF RF.CO~rnENDATION WAS ADOPTED. (~aX~, C-t-V\. 'Ívv~ ~~....k, p. )/9, p~. ~ ) JJ,,}' (k) ~/ fj. \~'~~øY' il)pt- CM-36-209 . July 9, 1979 RE TENT. PARCEL MAP 30l8, HUTKA A report was submitted by the Planning Commission regarding Tenta- tive Parcel Map No. 3018 (Ed Hutka), located south of First Street and east of North Mines Rd. Staff recommendation was to file the Negative Declaration with the County Clerk and approve Tentative Parcel Map No. 3018 in accordance with Planning Commission Resolu- tion No. 45-79. ON MOTION OF CM EBERT, SECONDED BY CM DAHLBACKA, AND BY A VOTE OF 4-l, CM TURNER DISSENTINGñ THE STAFF RECOMMENDATION WAS APPROVED.(~ 0J..ð.0 J ~. -~~ ~ / f- :J../C¡ PAIZ.A'~"). .1) I / RE TENT. PARCEL J r~~J/ MAP NO. 2987 . , The developer, David Madis, has proposed an amendment to PUD No. 25 requesting subdivision of Parcel No. 55 (duplex lot) into one duplex lot and one single family lot. Staff recommendation was to approve the request. Ed Bottorff, 1777 College Avenue, stated that the homeowners in the area adjacent to the lot in question, do not want a duplex on that particular lot, feeling that it would be detrimental to the value of the surrounding properties. He was informed by Mr. Nies that one duplex was necessary to meet the requirements of the development. Mr. Bottorff then said he could agree to one duplex on the lot but was not in favor of subdividing the lot to allow an additional single family dwelling. Dan Spruiell, 1900 Buena Vista, representing David Madis, indicated that the lot size is in exce~s of the original lot size. It was modified because of the enclosure boundaries that were done from the County Recorder's Map. He indicated that the lot size is extremely large and would pose a maintenance problem if a duplex only were placed on the lot. It was explained that the cause of the conflict with regards to the County Recorder's records resulted in more acreage being present than was originally assumed. Mr. Bottorff mentioned that subdivision of the lot would require the removal of a row of trees between Lots 64 and 65. It was decided to continue the item to the meeting of July 23. REQUEST RE TRI-VALLEY DATSUN The City Council referral regarding appeal of the Tri-Valley Datsun sign at 800 portola Avenue was continued to the meeting of July 23 at the request of the applicant. NAIVER REQUEST FOR SOMMERFEST A request was received from the Livermore Cultural Arts Council for waiver of fees for the annual Sommerfest celebration. ON MOTION OF MAYOR K~1ENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE FEES FOR THE 12TH ANNUAL SO~~ERFEST ~mRE WAIVED AS HAS BEEN CUSTOMARY IN THE PAST. CM-36-2l0 Cm Turner requested that the record show his no vote on foregoing items was due to his opinion that there was not adequate time to discuss the items properly. ßI( [&æ¿l¥tet}j I July 9, 1979 REPORT RE 91l SYSTEM A report was received from the City Manager regarding legislation to discontinue the 9ll system (SB 374). His recommendation was that Council either oppose SB 374 or ask for an amendment to the bill that would "grandfather" in those counties and cities that have already implemented the system to allow them to continue operating their sys- tems, if they so desire, by continuing the existing telephone sur- charge to cover the annual operating costs. Mayor Kamena indicated that he felt the 911 system was a very valuable service and did not support SB 374. ~~YOR KAMENA MOVED TO SUPPORT THE CONTINUATION OF THE 9ll SYSTEM, THROUGHOUT THE STATE; IF SUPPORT IS NOT FORTHCOMING FROM THE STATE, TO SUPPORT AN AMENDMENT TO THE BILL WHICH WOULD "GRANDFATHER" IN ALAMEDA COUNTY BY CONTINUING THE EXISTING TELEPHONE SURCHARGE TO COVER THE ANNUAL OPERATING COSTS. MOTION SECONDED BY CM DAHLBACKA. Cm Turner pointed out that the letter to be sent should note that the system should be based on availability and not usage. He also sug- gested that the letter include comments from the Police and Fire Departments. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. RESO. RE AIRPORT RATES AND CHARGES The Airport Commission has recommended certain adjustments of the rates and charges at the Airport which are reflected in the proposed Airport budget. Staff recommendation was that Council adopt a reso- lution reflecting the recommended changes. CM EBERT MOVED TO ADOPT THE STAPF RECOMMENDATION, SECONDED BY CM DAHLBACKA. MOTImJ- PASSED 3-2, MAYOR KAMENA AND ÇM TURNER ~~~SEpTING. (~ ~ C~.'~ ~ I ¡o :L/~ ¡OAteA ~) ~':1-r )j; / RESOLUTION NO. 184-79 cj.i;t¡;;CQ;¿ "/ P¡ A RESOLUTION ADJUSTING RATES AT THE LIVERMORE MUNICIPAL AIRPORT RE LAVWMA PHASE II, WASTE WATER RECLAMATION- REUSE STUDY The Board of Directors of LAVWMA will be acting upon Phase 2 of the Wastewater Reclamation-Reuse Study at their meeting of July 12, 1979. After a brief discussion, Council instructed the City's delegate, Cm Ebert, to take a positive position on the matter. PLANNING COMMISSION MINUTES AND SUMMARY OF ACTION, 6/5 & 7/3/79 The minutes of the Planning Commission meeting of June 5 and a summary of action of the meeting of July 3, 1979 were submitted for informa- tional purposes. #' CONSENT CALENDAR ON MOTION OF CM EBERT, SECONDED BY CM TUm~ER AND BY UNANIMOUS VOTE, ITEM 6.2 (CIVIC CENTER LANDSCAPING) WAS CONTINUED TO THE MEETING OF JULY 23, THE SECOND HALF OF ITEM 6.10 (RESO. RE HURLEY CUP) WAS PULLED FOR DISCUSSION PURPOSES, AND ITEM 6 .14 (~lARRANT REGISTER OF JULY 9, 1979) WAS ADDED TO THE CONSENT CALENDAR. CM-36-2ll I July 9, 1979 Reso. re Solid Waste Hanagement Grant The Council adopted a resolution authorizing execution of solid waste management recycling grant. RESOLUTION NO. l85-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Solid Waste Management Board) Reso. re Bid Award, HSC, Quatman The Council adopted a resolution awarding a bid for Multi-Service Center irrigation and landscaping to Robert Quatman, Inc. RESOLUTION NO. l86-79 A RESOLUTION AWARDING BID AND AUTHORIZING EXECUTION OF AGREEMENT (Robert Quatman, Inc.) Reso. re Bannert pisability Retirement The Council adopted a resolution authorizing the disability retire- ment of Graydon Bannert. RESOLUTION NO. l87-79 A RESOLUTION AUTHORIZING DISABILITY RETIREMENT (Graydon Bannert) Reso. re ESIS Agreement The Council adopted a resolution authorizing execution of renewal of ESIS agreement for administration of worker's claims. RESOLUTION NO. l88-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (ESIS, Inc.) Re Apollo Soccor Club Request The Apollo Girl's Soccor Team has requested an encroachment permit to paint house addresses on curbs as a fund raiser, and a waiver of the encroachment permit fee and business license tax. Council approved the request. Re purchasing Agent Specifications The Council adopted staff recommended, revised classification specification for the position of Purchasing Agent for the City of Livermore. CM-36-2l2 July 9, 1979 Reso. - Management Salaries & Title Changes The Council adopted a resolution regarding department head personnel salaries and title changes. RESOLUTION NO. l89-79 A RESOLUTION OF THE CITY OF LIVERMORE AMENDING RESOLUTION NO. 72-79, FOR THE CLASSIFIED AND UNCLASSIFIED EMPLOYEES OF THE CITY OF LIVERMORE, ESTABLISHING RULES FOR ITS USE. Buenas Vidas Request re Block Grant Funds The Council approved a request from Buenas Vidas to use 1979-80 Block Grant Funds on an adjacent building instead of on Building #9 as orig- inally requested. The renovation of Building #9 has been completed through the use of combined 1978-79 H.C.D. block grant funds from the city and the county. Reso. re Tent. Parcel Map 2860 - Taylor Reflecting previous action, the Council adopted a resolution approving Tentative Parcel Map 2860, Kerry Taylor. RESOLUTION NO. 190-79 A RESOLUTION APPROVING TENTATIVE PARCEL MAP 2860 (2475 and 2461 College Avenue) Resos. - Appointments The Council adopted various Appointment resolutions: RESOLUTION NO. 191-79 A RESOLUTION FOR APPOINTHENT TO THE SOCIAL CONCERNS CO~~1ITTEE (Joan Pendergast) RESOLUTION NO. 192-79 , A RESOLUTION FOR APPOINTMENT TO THE S'OCIAL CONCERNS COH.MITTEE (SUSAN MAYALL) RESOLUTION NO. 193-79 , A RESOLUTION FOR APPOINTMENT TO THE SOCIAL CONCERNS COM.MITTEE (Genevieve Watchempino) RESOLUTION NO. 194-79 A RESOLUTION FOR APPOINTMENT TO THE LIBRARY BOARD (Mary Ellen Hasbrouck) RESOLUTION NO. 195-79 A RESOLUTION FOR APPOINT\ŒNT TO THE LIBRARY BOARD (Waldo G. Magnuson, Jr.) CH-36-213 July 9, 1979 (Resos. re Appointments) RESOLUTION NO. 196-79 A RESOLUTION FOR APPOINTMENT TO THE GREENS COMMITTEE (Maybelle Woods) RESOLUTION NO. 197-79 A RESOLUTION FOR APPOINTHENT TO THE HOUSING AUTHORITY (Hazel Ashworth) RESOLUTION NO. 198-79 A RESOLUTION FOR APPOINTMENT TO THE HOUSING AUTHORITY (Lynne Thomson) RESOLUTION NO. 199-79 A RESOLUTION FOR APPOINTMENT TO THE BUSINESS AND INDUSTRIAL ADVISORY BOARD (Ronald J. Furtado) Payroll and Claims There were 12l claims in the amount of $567,Ol4.74, payroll claims in the amount of $l25,28l.95, less Repurchase agreement in the amount of $520,000.00, lèss Repurchase Agreement in the amount of $520,000.00 for a total of $l,732,296.00, dated June 26, 1979 and approved by the City Manager. There were l05 claims in the amount of $l43,738.34, less Time De- posits in the amount of $200,000.00, for a total of $343,738.34, dated June 29, 1979; and there were 29 claims in the amount of $37,913.44, dated July 9, 1979, all approved by the City Manager. Reso. Rej. Claim The Council adopted a resolution rejecting the claim of Joseph R. Nardo. RESOLUTION NO. 200-79 A RESOLUTION REJECTING THE CLAIM OF JOSEPH R. NARDO CONSENT CALENDAR APPROVAL ON MOTION OF CM EBERT, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED WITH THE ADDITION OF ITEM 6.l4 (WARRANT REGISTER OF JULY 9, 1979) AND WITH THE EXCEPTION OF ITEMS 6.2 (CIVIC CENTER LANDSCAPING) WHICH WAS CONTINUED TO THE MEETING OF JULY 23, AND THE SECOND HALF OF ITEM 6.10 (RESO. RE HURLEY CUP) WHICH WAS PULLED FOR DISCUSSION PURPOSES. MEETING EXTENSION CM DAHLBACKA MOVED TO EXTEND THE MEETING IN ORDER TO FINISH THE AGENDA, SECONDED BY CM EBERT, AND UNANIMOUSLY PASSED. RESO. RE HURLEY CUP, NURSERY SCHOOL This item was pulled from the Consent Calendar at the request of the applicant, for discussion purposes. CM-36-214 July 9, 1979 (Re Hurley CUP) Linda Hurley, 2486 East Ave., stated that she felt that the City's requirement that her nursery school carry a $5,000,000 liability insurance coverage was unfair and unreasonable. She said that it would cost approximately $3000 per year and felt that $500,000 cover- age would be adequate since the average for businesses in the area was around $300,000 to $500,000 according to her estimates. CM EBERT MOVED TO CHANGE THE REQUIREMENT TO $500,000 COVERAGE, SECONDED BY CH TURNER. It was pointed out that discussion of this item could only be allowed after a 4/5 approval of a motion to suspend the rules. CM TURNER MOVED TO SUSPEND THE RULES TO ALLOW DISCUSSION OF THIS ITEM. THE MOTION WAS DEFEATED 3-2, CM DAHLBACKA AND STALEY DISSEUTING. At the suggestion of Council and the request of the applicant, this item will be placed on the agenda of the meeting of July 23, 1979. MATTERS INITIATED BY STAFF & COUNCILMEMBERS (Re CETA Workshop) Ann Duncan, Personnel Director, requested a joint workshop between the Social Concerns Committee and the Council to discuss proposed Title VI, Round 4 CETA projects. After a brief discussion regarding alternatives, it was decided to hold a work session on August 6, 1979. (Proposed Legislation re Triple Trailers) It was the consensus of Council to oppose proposed legislation which would allow the use of triple trailer semitrucks on California high- ways. (Proposed Signal at First and Maple Sts.) Cm Staley asked for a report as a future agenda item regarding the possibility of a traffic signal at First and Maple Sts., when it will go in, probable costs, who will pay for it, etc. (Admin. Bldg. Name) Cm Staley requested an agenda item to discuss a name for the new City administration building. (Re Sister City Visit) Cm Staley noted a change in the planned Sister City visit. The new dates are August 12-25 and he mentioned that there are two or three places left. (Re Pacific Telephone Request to PUC) Cm Staley requested that the City Attorney prepare a report regarding the Pacific Telephone Co. request to the PUC to allow them to insti- tute a directory information charge. It was Cm Staley's position that it was not fair to the citizens to be charged for directory information when they did not receive a comprehensive directory for the entire system. CM-36-2l5 July 9, 1979 (Re Matters Initiated) (C.C. Meeting Schedule) Mayor Kamena requested that more meetings be added to the Council schedule because of his concern that some items needed more discus- sion than time allowed under the current schedule. It was decided to discuss the request as an agenda item at a future meeting. (proc. re Clippers) Mayor Kamena noted that a Livermore Under 12 boy's soccer team, the Clippers, have had a very successful season, winning the Livermore Soccor Club championship, the California Youth Soccor Assoc. Champ- ionship and the Western Regional championship. Individial procla- mations are being prepared for each team member to be presented at the meeting of July 23. ZONING ORDINANCE RE FOODMAKERS, INC. ON MOTION OF CM TURNER, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, THE ZONING ORDINANCE AMENDMENT RELATING TO SECTION 3.00, FOOD~mKERS, INC., 18l? FIRST STREET, WAS ADOPTED. ORDINANCE NO. 990 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE, BY AMENDING SECTION 3.00 THEREOF, RELATING TO ZONING. (Foodmakers, Inc. - 1817 First Street) INTRO. OF ORD. RE RESIDENTIAL BUILDING RECORDS ON MOTION OF CM TURNER, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, THE MUNICIPAL CODE AMENDMENT RELATING TO REPORT OF RESIDENTIAL BUILD- ING RECORDS WAS INTRODUCED AND READ BY TITLE ONLY. ADJOURNMENT There being no further business before the Council the meeting was adjourned at 12:55 a.m. The next regular meeting of the Livermore City Council will be July 23, 1979. APPROVE /»1i1~'ht~()~ Mayor . ATTEST cr·1- 3 6 - 216 Special Meeting of July 19, 1979 A special meeting of the Livermore City Council was held on Thursday, July, 19, 1979, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Kamena at 8:18 p.m. Present: Cm Dahlbacka, Ebert, Turner and Mayor Kamena Absent: Cm Staley (seated during Recess) Mayor Kamena led those present in the Pledge of Allegiance. Items noted as acted upon were the only subjects for which the meeting was called and were so listed upon the meeting notice, and as follows: RE PARCEL MAP NO. 30l8, NORTH MINES RD., HUTKA A resolution approving Tentative Map No. 30l8, owned by Ed Hutka, for the area located on North Mines Rd., was approved at a previous meet- ing, and resolutions have been prepared for action at this time. ON MOTION OF CM TURNER, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE RESOLtTION APPROVING THE TENTATIVE MAP AND THE RESOLUTION APPROV- ING THE FINAL PARCEL MAP WERE ADOPTED. RESOLUTION NO. 20l-79 A RESOLUTION APPROVING TENTATIVE PARCEL MAP NO. 3018 RESOLUTION NO. 202-79 A RESOLUTION APPROVING FINAL PARCEL MAP NO. 3018 (Edwin F. and Janice G. Hutka) The Council was assured by Mr. Hutka that he is confident that Intel will proceed with the purchase of the land and development, and he also thanked the Council and all the staff members for their assistance in bringing the project to fruition and attracting clean industry to the City. RECESS At this time a recess was declared in order to conduct interviews for the position of Planning Commissioner. Cm Staley arrived during the recess and did participate in the interviews. INTERVIEWS FOR PLANNING COMMISSIONER Interviews were conducted for the position of Planning Commissioner. The candidates are as follows: Virginia Moniz (has withdrawn just prior to the interview) Helen Tirsell Bridget Borchers Dom Saccullo Clarice Sisemore James Lenz (not appearing, application only) CALL TO ORDER The meeting was called back to order at lO:05 with all members of the City Council present. HCC APPOINTMENT ON MOTION OF MAYOR KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, RITA LANGHORST WAS APPOINTED TO THE HOUSING COORDINATION CO~~IT- TEE TO FILL THE VACANCY CREATED BY THE RESIGNATION OF CHARLES DEPAOLI. A resolution will be prepared for the next regular meeting's Consent Calendar. CM-36-2l7 July 19, 1979 PLANNING COMMISSION APPOINTMENT A brief discussion ensued regarding whether or not a decision should be made at this time. Since Cm Dahlbacka will not be present for the meeting of July 23, it was decided to take action tonight. It was noted that previous Commission experience is not a requisite and that comments from the audience would be allowed if voiced and none was. ON MOTION OF CM EBERT, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, THE DEBATE WAS CLOSED. The Council briefly discussed the Brown Act requirements that appoint- ments be made in public which, in their opinion, limits discussion of candidates' qualifications. Each Councilmember then proceeded to choose two nominees as follows: Dahlbacka - Tirsel1 and Borchers; Turner - Saccullo and Tirßcl~; Ebert - Saccullo and Borchers~ Mayor Kamena - Saccullo and Tirsell.I~~l 0 her candidates were eliminated from consideration. B L V 1'/ o~c....née~ ,.. . CM TURNER MOVED TO APPOINT DOM SACC LLO TO THE PLANNING COMMISSION, SECONDED BY CM EBERT. MOTION WAS DEFEATED 3-2, CM TURNER AND EBERT IN THE MINORITY. CM TURNER MOVED TO APPOINT BRIDGET BORCHERS TO THE PLANNING COMMIS- SION, SECONDED BY CM EBERT. MOTION WAS DEFEATED 3-2, CM TURNER AND EBERT IN THE MINORITY. CM DAHLBACKA MOVED TO APPOINT HELEN TIRSELL TO THE PLANNING COMMIS- SION, SECONDED BY CM STALEY. MOTION PASSED 3-2, CM TURNER AND EBERT DISSENTING. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA AND BY A VOTE OF 4-l, CM EBERT DISSENTING, A RESOLUTION CONFIRMING THE APPOINTMENT OF MS TIRSELL TO THE PLANNING COMMISSION WAS ADOPTED. RESOLUTION NO. 203-79 A RESOLUTION FOR APPOINTMENT TO THE PLANNING COMMISSION (Helen M. Tirsell) ADJOURNMENT There being no further business before the Council the meeting was adjourned at 10:20 p.m. APPROVE Llll-- ~þte1Yf------ v Mayor ATTEST / '-----.J CJ. ty Cler {¡Livermore, California CM-36-2l8 ~ Regular Meeting of July 23, 1979 A regular meeting of the Livermore City Council was held on Monday, July 23, 1979, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Kamena at 8:l3 p.m. ROLL CAL Present: Absent: Cm Ebert, Turner and Mayor Kamena Cm Dahlbacka and Staley (excused) PLEDGE OF ALLEGIANCE Mayor Kamena led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. MINUTES APPROVAL OF JULY 9, 1979 The following corrections,were~ade in the minutes of the meeting of July 9, 1979: p. 36-202, para. 7: delete "(Most of Cm Dahlbacka's comments are in- audible on the tape.)" and add after "request", "because a comprehen- sive density review was underway at the Planning Commission and appli- cation was far from the city center." Cm Turner requested that the record show that there had been only one motion regarding the items he had voted no on and his no vote reflected his opinion that there was not sufficient time allotted to allow order- ly discussion of the items, which resulted in some confusion. ON MOTION OF CM TURNER, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, THE MINUTES OF THE MEETING OF JULY 9, 1979, WERE APPROVED AS AMENDED. Roman Morkowski, 1987 DeVaca Way, regarding the July 9th meeting, asked if Cm Turner had declared Cm Ebert out of order when Cm Ebert asked the City Attorney for a decision as to whether or not Council meetings could be held without public discussion. Cm Turner said he did not recall making that statement. Mayor Kamena noted that the tapes of the meeting could be checked. SPECIAL ITEMS (Proclamations re Livermore Clippers) The Livermore Clippers Soccer team was in attendance at tonight's meeting to receive individual proclamations for outstanding achieve- ments in various West Coast soccer tournaments. Each team member also received a patch paid for by the City Council members. (Proclamation re Herbert L. Hagemann) Recognition was given to Herbert L. Hagemann for his administrative assistance to the Student Education and Loan Fund as volunteer treas- urer for the last ten years. OPEN FORUM (Re Parking Problem) Kimmel Frank, l640 Pinehurst Ct., complained of a parking problem in front of his residence. Mayor Kamena requested the City Manager to make a more complete investiqation and encouraged the Police Dept. to enforce all regulations relative to that area. CM-36-2l9 July 23, 1979 (Re Budget) Wm Hurdlow, ll43 Aberdeen Ave., hoped that Council would cut the services that are necessary to stay within a reasonable budget with- out increasing taxes or fees. (Re Roller King) Kay Parra, 819 Brennan Way, asked that Council send a letter of appreciation to the Roller King for their efforts in hiring teen- agers and in giving kids a safe place to have fun. It was the consensus of the Council to give recognition to all bus- inesses in the community who employ the youth of the city. (Re Odor from WRP) Ann Holm, 246 Swan Drive, complained of the distressing odor from the Water Reclamation Plant. She felt the odor was a pollutant, out- door activities must be curtailed, and houses kept tightly closed, increasing the costs of air conditioning. Dan Lee, Director of Public Works, stated that there has been a me- chanical problem recently with the digester which increased the odors in the area but that problem has been corrected, and the odor prob- lem should be completely alleviated within lO-14 days. Mayor Kamena asked Ms Holm to inform the City if after two weeks the problem still existed. Don Miller, 2862 Waverly, felt that the sewer plant was over capacity and has been for some time. (Ebert - Parra Discussion) em Ebert stated that in the last 3-4 months he has been the target of a considerable amount of physical abuse, damaged personal prop- erty, and, in his opinion, false villification. He said he has also been verbally attacked by Kay Parra, whom the newspapers call a "citizen activist". He gave a brief summary of his personal military and police record, citing two tours in Vietnam, 18 combat decorations and a permit to carry a concealed weapon. He proceeded to read Ms Parra's police record. Ms Parra stated that some of Cm Ebert's statements were true and some were not but that did not excuse his conduct or the way he treated people. A verbal altercation ensued at which point Mayor Kamena intervened. Ms Parra requested that the tapes of this meeting be made available and stated that she intended to put in a claim against the City for, in her opinion, Cm Ebert's slander. Mayor Kamena assured Ms Parra that the tapes of the meeting would be available. Ms. Parra did not feel that it was right that she was verbally attacked and felt it was terrible that all the citizens of Liver- more will have to pay for his actions. Paul Hurdlow, 1143 Aberdeen Ave., commented that he did not like to see Council meetings degenerate into the type of activity that he had witnessed in the last few minutes. He stated he agreed with some of Cm Ebert's positions, disagreed with others, but felt that at times, his statements were inappropriate. In reply to an inquiry by Carol Myers, 322 Anna Maria, Gary Reiners, City Attorney, stated that, to his knowledge, no crime had been com- mitted during the previous verbal a~ercation, but that he would be glad'to prepare a memorandum on the subject for further Council consideration. CM-36-220 July 23, 1979 (Re Ebert - Parra Discussion) Ms Myers doubted whether any private citizen in this community would come forward on any issue if their background and personal lives are going to be discussed in public. Harry Lindley, 625 Dover, felt the foregoing incident was counter- productive and a waste of the Councilmembers and the citizens time. PUBLIC HEARING RE METHOD OF COLLECTION OF SEWER SERVICE AND USE CHARGE A public hearing was held to determine if the City's sewer service and use charge may be placed on the county tax roll for the year 1979-80. The hearing considered the method of collection only. Staff recommen- dation was to adopt the resolution directing transmittal of charges to the County Auditor for placement on the roll. John Stein, l334 Kathy Ct., asked why the city's share of the Step II, Phase IV expansion is being included under operating funds when there is a large capital fund for water treatment plant improvement. Mayor Kamena noted that the hearing is on the method of collection only but that he would have staff research Mr. Stein's question. Mr. Miller asked if it was correct that the sewer connection fees were not increased at the beginning of the year as required by ordinance. Mr. Lee indicated that action has not been taken yet, but is pending. ON MOTION OF CM TURNER, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE PULBIC HEARING WAS CLOSED. Cm Turner requested that the City Manager respond to Mr. Miller's question at the next regular Council meeting. CM TURNER MOVED TO ADOPT THE RESOLUTION DIRECTING THE FINANCE DIRECTOR TO INCORPORATE THE FIGURES INTO THE COLLECTION METHOD, SECONDED BY CM EBERT. Mr. Lee stated that the sewer service charge is not exclusively an operating fund. It also pays for capital improvements and for LAVWMA. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. RESOLUTION NO. 204-79 A RESOLUTION ADOPTING REPORT OF CITY FINANCE DIRECTOR RE SEWER SERVICE AND USE CHARGES PUBLIC HEARING RE WEED ABATEMENT A public hearing was held to receive an account report and hear any objections of property owners liable to be assessed for weed abatement conducted during the current year. Approximately 114 parcels have been abated. Paul Fulk, 1711 Tahoe Ct., felt that the charges of $1609.90 for weed abatement on l5 acres owned by him was excessive. Mr. Reiners stated that a continuance would be the proper method of handling the matter. The public hearing to receive protests would be continued to the next Council meeting at which time the matter could be resolved. He noted that it would have to be resolved at that meet- ing because the amounts due are to be placed on the County rolls by August 10, 1979. Council concurred. CM-36-22l July 23, 1979 (P.H. Re Weed Abatement) Pat Asbury, who owns property on North Front Road, also felt that her charges were excessive. David O'Connor, Fire Marshall, explained weed abatement procedure. Written notices are mailed to each property owner, he said, and the property publicly posted with a sign stating the date the work will be done if the owner does not do it. Ms. Asbury stated that volunteer hay was growing on her property, not weeds, and that the weed abatement crew had disked the hay under in- stead of allowing her to h~rvest it. It was explained that this was the first year that particular area has been abated and it was suggested to Ms Asbury that if and when she receives the next notice that she immediately contact Mr. O'Connor explaining the current use of the land and making arrangements for an inspection. CM TURNER MOVED TO CONTINUE THIS ITEM, LEAVING THE PUBLIC HEARING OPEN UNTIL AUGUST 6, 1979, SECONDED BY MAYOR KAMENA. CM EBERT MADE A SUBSTITUTE MOTION TO CLOSE THE PUBLIC HEARING, WITH THE EXCEPTION OF THE TWO MATTERS BROUGHT UP TONIGHT AND ASK THE CITY MANAGER AND THE FIRE MARSHALL TO MEET WITH THE TWO PROPERTY OWNERS, THE TWO ITEMS TO BE CONTINUED TO THE NEXT MEETING AS NEW BUSINESS ITEMS ON THE AGENDA. MOTION SECONDED BY CM TURNER AND PASSED UNANIMOUSLY. Upon request from the audience, MAYOR KAMENA MOVED TO RECONSIDER THE ITEM, SECONDED BY CM TURNER. MOTION PASSED UNANIMOUSLY. Bill Volpe, who owns 3~ acres on the corner of North Front Road and Herman, stated that he has received abatement notices for years and this is the first time that any work has been done without his per- mission. He said that he usually hires someone to cut the hay on the land as often as it was needed. Mr. O'Connor explained that though the property has been posted in previous years, this is the first year any work was done because of the anticipated severity of the fire season hazards. He said he has no record of Mr. Volpe contacting him as to his intentions on how he was going to abate the property. He explained the use of a disked fire break instead of disking the entire property. Mayor Kamena suggested that Mr. Volpe, in the future, contact Mr. O'Connor as soon as he receives his weed abatement notice. Earl Hoey, 21763 Shadyspring Road, Castro Valley, who owns a lot on Ventura, stated that he was billed $162.50 which was more than double the bills he has received in the past five years. Mr. O'Connor stated that there had been a 50% increase in contracted costs which accounts partially for the increase in billing. He also noted that the lot in question had been used as a dump and it took some time for the contractor to remove the debris. CM TURNER MOVED TO CLOSE THE PUBLIC HEARING WITH THE EXCEPTION OF THE MATTER REGARDING THE PROPERTY OF PAUL FULK WHICH WILL BE CONSID- ERED AT THE MEETING OF AUGUST 6, AND TO OVERRULE ALL OTHER PROTESTS., SECONDED BY MAYOR KAMENA. MOTION PASSED UNANIMOUSLY. ON MOTION OF MAYOR KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, STAFF WAS DIRECTED TO PREPARE A RESOLUTION OVERRULING PROTESTS WITH THE EXCEPTION OF THE PROTEST OF PAUL FULK. CM-36-222 July 23, 1979 CITY MANAGER'S REPORT Lee Horner, City Manager, noted that there will be a meeting of the LAVWMA Board on Thursday, July 26, regarding Stage 2 of the water reclamation study. After a brief discussion, CM TURNER MOVED TO DIRECT THIS CITY'S REP- RESENTATIVES, CM EBERT AND DAHLBACKA, TO VOTE TO ALLOW THE SECOND PHASE TO GO FORWARD, SECONDED BY MAYOR KAMENA. ON MOTION OF MAYOR KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE RULES WERE SUSPENDED TO ALLOW ADDITION OF A LETTER FROM LAVWMA REGARDING THIS ITEM. Following a brief discussion of LAVWMA policy, THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. RECESS Mayor Kamena called for a brief recess after which the meeting resumed with Councilmembers present as at Roll Call. CONT. DISC. - NURSERY SCHOOL CUP, HURLEY Discussion continued regarding a resolution granting Conditional Use Permit to Linda Hurley for the operation of a nursery school at 2486 East Avenue. The applicant had questioned one of the conditions per- taining to the maintenance of liability insurance. CM EBERT MOVED TO GRANT THE CUP AS SPECIFIED WITH ONE EXCEPTION, THAT ITEM 9 UNDER ZONING (RE INSURANCE) BE DELETED. A brief discussion followed regarding the ability of a Councilmember who was in the minority on the original vote to make a motion which would essentially reconsider the item. IT WAS THE RULING OF THE CHAIR THAT THE MOTION WAS OUT OF ORDER ACCORDING TO COUNCIL POLICY, BUT THAT THE DISCUSSION COULD CONTINUE. Cm Ebert commented that the reason this matter was put back on the calendar under unfinished business was because of an appeal on the part of the applicant because of the financial difficulty caused by the re- quirement of additional insurance. He felt that it was in order to ask to grant the conditional use permit deleting the insurance require- ment since the Council did not, at the time they made the decision, have all the necessary information. Cm Turner felt that the insurance requirement was excessive but added that he did not feel it was proper for the Councilmembers to arbitrar- ily change an action of the Council when a particular member of Council was in the minority. He agreed with the decision of the chair, but pointed out that Ms Hurley had been told at the last meeting that the Council would at least listen to her concerns at tonight's meeting. He thought that Council was attempting to run their business for them and did not agree with the previous Council decision, feeling that the Council had possibily overstepped their bounds regarding the insur- ance requirement. Joseph Hurley, 2486 East Ave., explained that the $5,000,000 insurance requirement stipulated by Council was not feasible. He also noted the procedural difficulties involved with the placement of the item on the agenda and past action taken by Council on the item. In his opinion, it should be considered a new item on the agenda. Cm Ebert agreed. Mayor Kamena indicated that he felt it was a simply a question of whether those in the minority opinion can reconsider an item that was passed by the remaining majority of the quorum present at the time. Council procedure was again discussed. CM-36-223 July 23, 1979 (Re Hurley CUP) Mr. Reiners, in answer to Cm Ebert, stated that the ruling of the chair determines what constitutes this item. Mayor Kamena said his concerns were that the integrity of the motion of the majority remain intact and that he had voted in the affirma- tive on both the original motion and the amendment regarding the in- surance requirement, a position he still maintained. Therefore, he was not willing to reconsider the item. Regarding the legality of the insurance requirement, Mr. Reiners stated that, in his opinion, the requirement was not pre-empted by the existing State statutes governing child care center operation, and therefore, would not be illegal. Mr Hurley maintained that the insurance requirement of $5,000,000 liability coverage was financially unfeasible for the type of small business that was proposed, the care of 34 children in a day care center. A lengthy discussion followed regarding the amount and type of insur- ance required by the amendment to the CUP and the costs involved. The Hurley's expressed disapproval of the inconsistencies they had encountered in their dealings with the city staff and with Council- members and felt they had been misled into believing that Council and staff had supported their request. Paul Hurdlow felt that the people of Livermore have enough sense to decide for themselves whether they want their children to attend this day care center or not. Mrs. Hurley, he was sure, realized that it was in her best economic interest to make it safe for child- ren to attend her school. Cm Ebert requested that the item be continued to the next regular Council meeting. Cm Turner indicated for the record that he felt this was the most unfair action he had ever seen taken in the past lO years in the City of Livermore. Cm Ebert withdrew his request for a continuation when the applicant agreed to withdraw her appeal. CM EBERT MOVED TO ADOPT THE RESOLUTION GRANTING THE CUP, SECONDED BY MAYOR KAMENA, AND UNANIMOUSLY PASSED. RESOLUTION NO. 205-79 A RESOLUTION GRANTING CONDITIONAL USE PERMIT (Linda E. Hurley) RE TENT. P.M. 2987, DAVID MADIS The Council considered Tentative Parcel Map No. 2987, David Madis, regarding property located on College Avenue. The Planning Commis- sion has adopted Reso. No. 39-79 recommending approval of the amended Tent. Parcel Map to allow subdivision of Parcel No. 55 into two lots, and approved amendment to PUD No. 25 to allow development of one single family lot on one of the lots created by the splitting of Parcel No. 55, and development of one duplex lot on the second . lot. Staff recommendation was to file the Negative Declaration with the Alameda County Clerk and to approve Parcel Map No. 2987. CM-36-224 July 23, 1979 (Re Tent. P.M. 2987) CM EBERT MOVED TO APPROVE PARCEL MAP NO. 2987 AND TO FILE THE NEGATIVE DECLARATION WITH THE ALAMEDA COUNTY CLERK, SECONDED BY CM TURNER. Don Miller, 2862 Waverly, expressed concern with the survey of the area under discussion and with the possibility of changes in lot lines of lots other than No. 55. Mr. Reiners indicated that he has been informed by the Planning Direc- tor that there have been no alterations to any other lot lines. He added that the Final Map was done from an officially approved Record of Survey done some years ago. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. A resolution will be prepared for the next regular meeting's Consent Calendar. RULES SUSPENSION ON MOTION OF CM EBERT, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE RULES WERE SUSPENDED TO ALLOW THE MEETING TO CONTINUE PAST ll:30. ON MOTION OF CM EBERT, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE RULES WERE SUSPENDED TO ALLOW REORDERING OF THE AGENDA FOR ACTION TO BE TAKEN ON THE CONSENT CALENDAR AT THIS TIME. CONSENT CALENDAR Reso. re G.P. Amendment Reflecting action taken previously, the Council adopted a resolution amending the Livermore General Plan (Second Amendment - 1979). (Recess) Mayor Kamena called for a brief recess when it was noted Cm Ebert was temporarily absent from the room and those present did not constitute a quorum. The meeting resumed with those Councilmembers present as at Roll Call. ( Re G. P. Amendment) Mr. Miller expressed concern with the fact that this item passed on a 3-2 vote at the previous meeting, after one of the majority members had not been present during part of the public hearing discussion of the item. In his opinion, the vote was invalid. Mr. Reiners indicated that there is no legal requirement that a Council- member in making a decision on a legislative matter, must refer to any specific body of testimony or evidence presented unless that require- ment is set forth in one of the general laws which in this specific case, it is not. In his opinion, the vote was not invalid for non- reception of testimony or evidence. Mr. Miller commented that someone who does not attend the public hearings but makes a decision is not applying rules of fairness. RESOLUTION NO. 208-79 A RESOLUTION AMENDING THE LIVERMORE GENERAL PLAN (Second Amendment - 1979) Resos. Reflecting Previous Action The Council adopted two resolutions reflecting previous action approving Tentative Parcel Map No. 2988, Silver Metal Products, and approving PUD/CUP and Tent. Parcel Map No. 2819 (J. Schenone). CM-36-225 July 23, 1979 (Resos. Reflecting Previous Action) RESOLUTION NO. 206-79 A RESOLUTION APPROVING TENTATIVE PARCEL MAP NO. 2988 RESOLUTION NO. 207-79 A RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT PERMIT, CONDITIONAL USE PERMIT AND TENTATIVE PARCEL MAP 2810. (Joseph Schenone) Resos. re Sustainment positions The Council adopted two resolutions regarding sub-contracts for sus- tainment positions between the City, LARPD, School District, and CETA. RESOLUTION NO. 209-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Livermore Valley Joint Unified School District) RESOLUTION NO. 210-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Livermore Area Recreation and Park District) Requested Waiver re Bothwell Center Addition LARPD has requested that the City waive inspection fees in the amount of $500 for a proposed enlargement of the Bothwell Community Center at 8th and H Streets. It was the Council's decision to adopt the Staff recommendation that LARPD pay for the regular City inspection fees from the HCD block grant funds which have been appropriated for the project and if the project should run short the Council will be able to transfer up to $500 from the HCD contingency fund into the LARPD Community Center Project. Reso. re Library The Council adopted a resolution approving the Livermore Library affiliation with the Bay Area Library and Information System as re- quested by the Library Board. RESOLUTION NO. 21l-79 A RESOLUTION APPROVING AFFILIATION OF LIVERMORE LIBRARY WITH BAY AREA LIBRARY AND INFORMATION SYSTEM Requests for HCD Funds The City has received two requests for additional 1978-79 H.C.D. Block Grant Funds as follows: $l,900, Interfaith Housing for refin- ishing 68 outside doors and installation of 60 smoke detectors; and $1,800, Livermore Fire Department for 4% supervision and inspection fee charged by Calif. Water in connection with fire hydrant in- stallation. Council approved both requests. Reso. - Grant re Property, Airport The Council adopted a resolution approving a request to submit an application for State participation in acquisition of east clear zone and east approach area property for the Livermore Airport. The Negative Declaration was also ordered filed with the Alameda County Clerk and the State Department of Resources. CM-36-226 July 23, 1979 (Reso. re Airport) RESOLUTION NO. 2l2-79 A RESOLUTION AUTHORIZING APPLICATION FOR GRANT (State Department of Aeronautics) Re Grant Agreement, Phase IV, tVRP The City has received grant agreements from both the Environmental Protection Agency and the State of California, Division of Water Qual- ity for the completion of the design portion (Step 2) of the Phase IV Water Reclamation Plant Expansion. The Council adopted two resolu- tions accepting the grant offers and allowing the City Manager to sign the grant agreements. RESOLUTION NO. 2l3-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT . (United States Environmental Protection Agency) RESOLUTION NO. 2l4-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (State Water Resources Control Board) Re Research Drive Assess- ment District No. 79-1 The Council adopted a resolution and ordered filing of various docu- ments relative to Research Drive Assessment District No. 79-l. RESOLUTION NO. 2l5-79 RESOLUTION AWARDING CONTRACT RESEARCH DRIVE ASSESSMENT DISTRICT NO. 79-1 (Oliver deSilva, Inc.) Reso. re Renaming of Portions of First St. Reflecting action taken at the meeting of July 9, the Council adopted a resolution renaming portions of First Street. RESOLUTION NO. 216-79 A RESOLUTION RENAMING A PORTION OF FIRST STREET LIVERMORE, CALIFORNIA Payroll and Claims There were 90 claims in the amount of $29l,328.70 and 289 payroll warrants in the amount of $122,020.40, for a total of $413,349.10, dated July 18, 1979, and approved by the City Manager. CONSENT CALENDAR APPROVAL ON MOTION OF CM TURNER, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS ADOPTED. TAXI APPLICATION The Martinez Taxi Company has applied for a permit to operate in the City of Livermore. They have also requested that the taxi meter rates be adjusted. CM EBERT MOVED TO APPROVE THE APPLICATION OF THE MARTINEZ TAXI COMPANY TO OPERATE A TAXI SERVICE IN THE CITY OF LIVEID10RE, AND TO ALLOW THEM THE RATE OF $1.00 PER FLAG DROP, 20¢ PER l/S MILE AND $12.00 PER HOUR OF WAITING TIME, SECONDED BY CM TURNER. Cm Turner noted that the City staff has demonstrated the need for that rate based on increased costs; the increased cost of the fuel alone would more than justify the additional rate, he felt. CM-36-227 July 23, 1979 (Re Taxi Application) Mr. Horner indicated that the rates would come back to the Council in the form of a resolution at the next regular meeting. Roman Morkowski, 1987 DeVaca Way, suggested that Council make some arrangement for citizens who could not afford the increase in the taxi rate. Ed Schilling, Assistant City Manager, mentioned the existence of the LARPD Dial-a-Ride Program for Senior Citizens, and added that he would check further into the matter. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. MOTION RE ADJOURNMENT CM EBERT MOVED TO ADJOURN THE MEETING. MOTION FAILED FOR LACK OF SECOND. RULES SUSPENSION ON MOTION OF CM EBERT, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE RULES WERE SUSPENDED TO ALLOW DISCUSSION OF MATTERS INITIATED. MATTERS INITIATED BY COUNCILMEMBER (Re Planning Commission Appointment Procedure) Cm Turner expressed concern that he had not been allowed, at the July 19th meeting, to publicly debate the reasons why he was or was not going to vote for a particular candidate for the Planning Com- mission. He felt he was muffled by the Council and was not allowed to speak for himself or for his constituents. He requested that the matter be placed on a future agenda. He felt that it was wrong to arbitrarily pick an item and then decide whether Councilmembers can or cannot debate on it. In his opinion, a Councilmember always has the right, as long as they are in order, to represent their constit- uents and have their voice be heard, and he felt he had been denied that right at the meeting of July 19th. He explained that the motion he had voted for stated that the public should not debate the issue. (Re Section 8 Housing) Mayor Kamena requested an agenda item relative to priority processing of Section 8 housing. He asked that staff, in their report to Coun- cil, consider I) exempting Section 8 projects from the RDP, 2) re- quiring a minimum number of points for those projects for the RDP, 3) Exempt them once every four years, 4) amend the General Plan as necessary to allow the permits that would be required to implement the above mentioned conditions, and 5) discussion of priority for those who live in the city, secondly, those who work for the city or school district or its associated entities, thirdly, those who work anywhere else in the city, and fourthly, the remainder. ADJOURNMENT The remainder of the agenda was continued to the next regular meet- ing and ON MOTION OF CM EBERT, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE MEETING WAS ADJOURNED. /»l11jit0<.~ ___ Mayor I, ~~ / j ..~. APPROVE Î ATTEST I "~ CJ. ty Clerk Livermore, California CM-36-228 Regular Meeting of August 6, 1979 A regular meeting of the Livermore City Council was held on Monday, August 6, 1979, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to qrder by Mayor Kamena at 8:l3 p.m. ROLL CALL Present: Cm Dahlbacka, Ebert, Staley, Turner and Mayor Kamena Absent: None PLEDGE OF ALLEGIANCE Mayor Kamena led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. MINUTES APPROVAL 7/l9 & 7/23/79 CM DAHLBACKA MOVED TO ACCEPT THE MINUTES OF THE MEETING OF JULY 19, 1979, SECONDED BY CM STALEY. Cm Turner made the following correction: p. 218, 3rd para., line 5, delete "Tirsell' and insert "Borchers". (Recess) A brief recess was called to allow Cm Ebert to confer with the City Attorney, Gary Reiners. The meeting resumed with all Councilmembers present. (Minutes Approval) THE MINUTES OF THE MEETING OF JULY 19, 1979, AS AMENDED, WERE UNANI- MOUSLY APPROVED. ON MOTION OF CM TURNER, SECONDED BY MAYOR KAMENA, AND BY A VOTE OF 3-0, CM DAHLBACKA AND STALEY ABSTAINING BECAUSE OF ABSENCE, THE MIN- UTES OF THE MEETING OF JULY 23, 1979, WERE APPROVED AS SUBMITTED. MAYOR RE COUNCIL DECORUM Mayor Kamena cautioned people from making remarks contrary to the Council policy on decorum and outlined the following points: 1. he would rule out of order any comment which could be con- sidered to be a personal attack against a member of the Councilor any citizen. 2. he would warn the offending party not to continue that be- havior or the person will be asked either to refrain from making any further comments during the rest of the meeting or to leave the meeting. 3. a sergeant-at-arms should be called only as a last resort and as the result of large disruptions. 4. while waiting for the sergeant-at-arms to arrive, the meeting would most probably be recessed. 5. if the meeting was still severely disrupted after taking the previous steps, the meeting would be adjourned. OPEN FORUM (Re College Ave. Problems) Virginia Gregory, l634 College Ave., stated that there was a dust problem in the area of her home because of the housing development being built on the south side of College, west of "L" St. She re- quested that a water truck be used to attempt to control the problem. CM-36-229 J August 6, 1979 (Re College Ave. Problems) She added that the sidewalk on the south side of College Ave. was impassable, due to an accumulation of debris from the development, and asked that it be cleared. Mayor Kamena instructed Dan Lee, Director of Public Works, to con- tact the developer about Mrs Gregory's concerns. (Re Ebert Censure) Roman Morkowski, 1987 DeVaca Way, stated that he had submitted a communication to the Council regarding whether or not the Council would take any action to censure Cm Ebert, and asked if it would be an agenda item at a future meeting. Mayor Kamena explained the mechanics of how an item is placed on a Council agenda. He added that he did not feel that the subject matter of Mr Morkowski's communication was an appropriate subject for the agenda, although he was willing to respond to the letter. Cm Staley explained that no Councilmember works for the Council. They are elected by the citizens of Livermore and are answerable only to the citizens of Livermore and to the civil authorities. He stated that regardless of how he feels on the issue, he did not think that it was a proper subject for debate by the Council, since the Council cannot recall a Councilmember and cannot take any action while a Councilmember is sitting on the Council. That can only be done by the citizens of Livermore, he noted. In his opinion, it was not proper to take up agenda time to discuss a political question that must be solved by the electorate. '" Mr Morkowski felt it was sad that the business of the City could be disrupted and stalemated by actions such as those of Cm Ebert and thought that Cm Ebert's actions should be given some kind of public discussion. Cm Dahlbacka said that California is one of the few states,that has the recall process available. He added that only in a legis- lative body where there is no direct recourse to the people for censure, did he feel that it was proper for the legislative body to undertake regulations for censure. (Re Bikepath - Holmes St.) R. Faltings, IOl8 Via Granada, commented that gravel is still impeding the safe passage of bikes on the bikepath in the vicin- ity of the Holmes St. bridge. Mr Lee remarked that the level of the arroyo at that particular place is higher than the level of the bikepath which results in quite a bit of seepage into the path area. He noted that there doesn't seem to be any way to make that path usable without ex- tensive work in the arroyo which would be very expensive. An attempt will be made in the near future to raise the level of the bike path which should help alleviate the problem. (Re Sewer Service Fees) John Stein, l334 Kathy Ct., thanked the Director of Public Works for his memorandum on the question raised at last week's meeting regarding funding of the WRP Phase IV expansion. He was primar- ily concerned with the rationale for spending approximately $250,000 out of the service fee on the expansion. He felt that the City Council should set a policy on what portion of expansion for the various public services should be charged as a service fee to the homeowner, since he thought that the average homeowner in Livermore feels that when he pays a service fee that it should be for service, not for a capital expenditure. CM-36-230 August 6, 1979 (Re WRP Expansion) After brief discussion it was decided to place this item on a future agenda and to request a report from staff regarding the subject. REORDERING OF AGENDA Ron Bernhardt, 447 Malibu Ct., requested Item 4.l - Continued dis- cussion - 1979-80 Operating and Capital Improvement Budgets, be dis- cussed next. Since there were would be no lengthy public hearings tonight it was decided to retain the listed agenda order. VALLEY MEMORIAL HOSPITAL RE LAND DEDICATION A communication was received from Valley Memorial Hospital with an offer of land dedication for the widening of Stanley Blvd. adjacent to the hospital site. CM TURNER MOVED TO REFER THE MATTER TO STAFF FOR A REPORT, SECONDED BY CM EBERT. Cm Staley noted that even if the staff report is positive, there should be an implicit understanding that the City will not improve the property in the near future. He did not think that the City should be accepting this in lieu of the hospital widening Stanley Boulevard. Cm Turner mentioned that he felt that it would be important, while the staff report is being prepared, to talk to Mr Andrews at Valley Memorial Hospital for his input. Lee Horner, City Manager, reminded Council that they had asked for a report to be brought back to Council on the traffic pattern and the widening in conjunction with the development that is going in across the street and suggested that the two reports could be combined. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. RESIGNATION FROM SOCIAL CONCERNS CO~~. A communication was received from Lillian Snorf, submitting her resignation from the Social Concerns Committee, effective 7/27/79. Mayor Kamena requested staff to send Ms Snorf a letter of appreci- ation for her service to Senior Citizens and various human and social concerns, and declared a vacancy on the Social Concerns Committee. CITY MANAGER'S REPORT Mr Horner indicated that the League of California Cities wants early confirmation of the City's voting delegate and alternate to the business session to be held Sept. 25 in conjunction with the annual conference. Cm Staley was named voting delegate with Mayor Kamena as alternate. Cm Turner stated that some citizens were concerned that Mopeds were creating a danger on the bikepaths in the community. He requested that the item be placed on a future agenda for discussion and that the City Attorney draft a sample ordinance relating to the problem. CH-36-231 August 6, 1979 CONT. DISC. - 1979-80 OPERATING AND CAPITAL IMPROVEMENT BUDGETS Cm Turner mentioned that he and Vice-Mayor Staley had attended a meeting last Sunday concerning how the proposed-budget would affect the Fire Dept. He was very impressed with the Fire Dept. and all of the responsibilities that they have, and supported the recom- mendation of the Fire Chief regarding the budget. He asked the support of the other Councilmembers. Jack Baird, Fire Chief, stated that he supported the budget as orig- inally submitted to Council in June by the City Manager. The City Manager recommended that, if cuts were to be made, those cuts be limited to eliminating the clerk's position and $8,000 of Capital Outlay items. Cm Turner indicated that, in his opinion, the clerk was needed by the department, and that with the present state of the equipment, $8,000 of replacement equipment would be necessary. Mr Horner noted that there was a possibility that the clerks's posi- tion could be filled with a CETA employee. ~ aIJ/ . . .1Jf.'. . Cm Staley .11f¡;Gxl.ëI. tke FiiJ:'a Bapt. . rtH~~lIIu_urJab. ay.....uy hli::! was very impressed with the Department's capabilities and responsibil- ities, and the difficulties that would ensue if they were forced to cope with a reduced budget. Mr Horner said that the first increment of State bailout money would not be received until Nov/Dec along with the property tax revenues and suggested that the revenue figures be retained as stated for the present with an amended budget to be prepared and presented to Council when the State money is received. It was noted that a budget could be prepared which was based on anticipated revenues or accounts receivable, but not on projected revenues. It was also pointed out that a budget only appropriates funds; it does not legally commit them. Discussion followed concerning the CETA program and the possibility of implementing other training programs to fill open positions. Cm Dahlbacka stated that he approved of the budget as submitted, but anticipated a shortfall of $150,000 and suggested some thought be given to where revenues could be increased or services reduced. CM TURNER MOVED TO ADOPT THE CITY MANAGER'S RECOMMENDATION REGARD- ING THE OPERATING BUDGET WITH THE FOLLOWING CHANGES: TO INCLUDE THE CLERK POSITION (WITH EVERY EFFORT BEING MADE TO FILL IT USING CETA FUNDS) AND THE $8,781 FOR CAPITAL IMPROVEMENTS FOR THE FIRE DEPARTMENT, SECONDED BY MAYOR KAMENA. CM DAHLBACKA MADE AN AMENDING MOTION TO ELIMINATE FROM THE BUDGET THE CITY MANAGER-RECOMMENDED CUTS OF $16,000 FROM THE FIRE DEPT. BUDGET AND $30,000 FOR THE PARK AND STREET SUPT. POSITION AND THAT THE ANTICIPATED REVENUES BE BROUGHT INTO LINE TO ENSURE A BALANCED BUDGET FOR THE YEAR. Mayor Kamena pointed out that the cut of $30,000 for the Park and Street Supt. position was embodied in Cm Turner's motion and Cm Dahlbacka agreed to delete that portion of his motion. THE N1ENDING MOTION DIED FOR LACK OF A SECOND. CM-36-232 August 6, 1979 (Re 1979-80 Budget) CM STALEY MADE AN AMENDING MOTION TO FILL THE FIRE DEPT. CLERK POSI- TION ONLY FROM CETA FUNDS AND TO ELIMINATE THOSE CAPITAL OUTLAY ITEMS THAT DO NOT DEAL WITH DIRECT EQUIPMENT USAGE. THE MOTION WAS SEC- ONDED BY CM DAHLBACKA. Cm Staley commented that he was convinced of the need for the budget monies requested by the Fire Dept. but did not feel there was enough revenue to grant their full request with the result that it would have to come out of monies budgeted to other departments. Mr Bernhardt stated that a survey done by the Field Research Corp. indicates that four out of ten Californians feel that local govern- ment spending has not been cut enough, but only l% of Californians were in favor of further cuts in fire prevention; 68% felt that fire services should be maintained at present levels and 30% were in favor of increasing services. He added that of 20 cities in our fire dis- trict, the Livermore Fire Dept. has the lowest manning level. Bart Sellick, 1142 Via Madrid, submitted a letter commending the Fire Dept.'s fast and efficient response when he was injured at his home two weeks ago. Helen Heron, 726 So. K St., was not in favor of any Fire Dept. cuts, stating that it was a necessary service for which there was no sub- stitute. THE AMENDING MOTION WAS VOTED ON AND FAILED TO PASS 3-2, CM DAHLBACKA AND STALEY IN THE MINORITY. THE MAIN MOTION WAS VOTED ON AND PASSED 4-1, CM STALEY DISSENTING. RESOLUTION NO. 2l7-79 A RESOLUTION APPROVING 1979-80 FISCAL YEAR BUDGET RECESS Mayor Kamena called for a brief recess after which the meeting resumed with all Councilmembers present. (Re 1979-80 Budget) Terry Fox, member of the Library Board, stated that two weeks ago he had requested a meeting with Mr Horner to go over the budget, which was subsequently arranged and at which differences over the Library budget had been worked out. He thanked Mr Nolan and Mr Horner for their help, cooperation and positive attitude. CM TURNER MOVED TO ADOPT THE CAPITAL IMPROVEMENTS BUDGET AS SUBMITTED BY THE CITY MANAGER, SECONDED BY CM EBERT. Mr Horner mentioned the staff had prepared a IS minute slide presenta- tion on the capital improvements budget which they would now present. After the slide presentation, a brief discussion was held as to the necessity of adopting the Capital Improvement budget at this time. Cm Staley noted that he had some changes he would like to propose which would need lengthy discussion. Cm Dahlbacka commented that he would like to see a staff report on how the allocations are imple- mented. CM TURNER MOVED TO ADOPT THE RESOLUTION REGARDING THE OPERATING BUD- GET AND TO PUT OVER THE CAPITAL IMPROVEMENT PORTION OF THE BUDGET TO AUGUST 29, 1979, SECONDED BY CM STALEY. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. CM-36-233 August 6, 1979 RESO. RE WEED ABATEMENT The hearing regarding this item had been closed at a previous meet- ing and only the disposition of the protested billing of Paul Fulk was left to be resolved. The staff recommendation was to adopt the prepared resolution. Dr. Geraldine Donaldson, 1398 Concannon Blvd. also presented a pro- test to the weed abatement billing. She stated she had contacted the City and had been told that the billing would not exceed a lO% increase over last year's billing. When the bill was received for this year's work, there were increases on the three parcels of 239%, 328% and 412%, she said. Mayor Kamena explained that if the protest is allowed, the cost of the work would have to be charged against the General Fund. Mr Horner noted that it has been Council policy to charge a flat 30% as a service charge for administrative costs. Cm Staley indicated that he was willing to reconsider the 30% service charge portion of Dr. Donaldson's bill. Discussion followed concerning costs of the weed abatement program. Dave O'Connor, Fire Marshall, stated that that the work had been done, had been inspected by him upon completion and the charge had been correctly calculated. The increased costs, he said, were due to the 50% increase in contractor cost, the dense growth of weeds this year, and the additional work done this year by hand crews due to complaints received last year of weeds growing along the fence line. He also explained the notification process and the program deadlines. Paul Fulk, l7ll Tahoe Court, protested his billing of $l609.50, particularly the 22 hours of disking time billed against a l5 acre parcel owned by him. He added that, to his knowledge, no weed abatement work had ever been done in the past in this area. His protest was discussed by the Fire Marshall and the Council and after a lengthy discussion regarding costs involved CM DAHLBACKA MOVED TO ADOPT THE RESOLUTION WHICH OVERRULES THE PROTESTS, SECONDED BY CM STALEY. Cm Staley said he would like to see a standard adopted for next year's program regarding how much work will be done on each prop- erty without actual notification to the property owner. Cm Dahlbacka remarked that he wanted to be sure property owners were aware of the costs involved. Mr O'Connor indicated it would be extremely difficult to estimate what it would cost an individual property owner because of conditions changing from year to year. MAYOR KAMENA MOVED TO DELETE THE SERVICE CHARGE ON THE ARROYO PROPERTY AND THE FULK PROPERTY. MOTION DIED FOR LACK OF SECOND. Cm Turner commented that according to the presentations of both Mr Fulk and Dr Donaldson, using their figures and percentages, it was his opinion that the charges seemed unreasonable. CM TURNER MADE AN AMENDING MOTION TO ADOPT THE RESOLUTION BUT WITHOLD PAYMENT FROM THE CONTRACTOR UNTIL HE CAN VERIFY HIS FIG- URES, SECONDED BY CM EBERT. MOTION PASSED UNANIMOUSLY. THE MAIN MOTION WAS VOTED ON AND PASSED 4-1, MAYOR KAMENA DISSENTING. RESOLUTION NO. 218-79 RESOLUTION CONFIRMING ASSESSMENTS - WEED ABATEMENT RULES SUSPENSION ON MOTION OF CM EBERT, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE RULES WERE SUSPENDED AND THE CONSENT CALENDAR WAS ADOPTED. CM-36-234 August 6, 1979 CONSENT CALENDAR Resos. re Special Assessment Districts The Council adopted five resolutions authorizing special assessment districts to be forwarded to the County for collection. RESOLUTION NO. 223-79 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY TO BE PLACED ON THE TAX ROLL TO BE COLLECTED BY THE COUNTY OF ALAMEDA. (Northern Water Assessment District No. 1962-2) RESOLUTION NO. 224-79 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY TO BE PLACED ON THE TAX ROLL TO BE COLLECTED BY THE COUNTY OF ALAMEDA. (Portola Avenue Assessment District No. 1966-2) RESOLUTION NO. 225-79 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY TO BE PLACED ON THE TAX ROLL TO BE COLLECTED BY THE COUNTY OF ALAMEDA. (Murrieta Boulevard Assessment District No. 1967-1) RESOLUTION NO. 226-79 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY TO BE PLACED ON THE TAX ROLL TO BE COLLECTED BY THE COUNTY OF ALAMEDA. (Wagoner Farms Assessment District No. 1962-3) RESOLUTION NO. 227-79 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY TO BE PLACED ON THE TAX ROLL TO BE COLLECTED BY THE COUNTY OF ALAMEDA. (Railroad Assessment District No. 1974) Project Resos. The Council adopted two resolutions regarding notices of Completion 1978-79 Slurry Seal Project, and Palm Ave. and So. S Street sanitary sewer construction projects. RESOLUTION NO. 228-79 A RESOLUTION AUTHORIZING ACCEPTANCE OF WORK AND AUTHORIZING AND DIRECTING THE RECORDING OF NOTICE OF COMPLETION RE PROJECT NO. 78-1, 1978-79 SLURRY SEAL RESOLUTION NO. 229-79 A RESOLUTION AUTHORIZING ACCEPTANCE OF WORK AND AUTHORIZING AND DIRECTING THE RECORDING OF NOTICE OF COMPLETION RE PROJECTS 79-18 AND 79-19, PALM AVENUE AND SOUTH "s" STREET SANITARY SEWER CONSTRUCTION. Tent. Map 3760 Extension The Council approved a request for a 12 month extension of Tentative Tract Map No. 3760, north of East Avenue (Wagoner Farms area). CM-36-235 August 6, 1979 Reso. re Civic Center Landscaping The Council adopted a resolution authorizing the mayor to execute agreement with John Sue Associates for preparation of plans and specifications for landscaping of the Civic Center. RESOLUTION NO. 230-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (John Sue Associates) Resos. Rejecting Claims The Council adopted four resolutions rejecting claims of Gordon L. Cox, Kay Parra, Cecelia Brandenburg and Nancy Magowan. RESOLUTION NO. 23l-79 A RESOLUTION REJECTING CLAIM (Gordon L. Cox) RESOLUTION NO. 232-79 A RESOLUTION REJECTING CLAIM (Kay Parra) RESOLUTION NO. 233-79 A RESOLUTION REJECTING CLAIM (Cecelia Brandenburg) RESOLUTION NO. 234-79 A RESOLUTION REJECTING CLAIM (Nancy Magowan) Resos. re P.M. 2838, Roger Shaheen Resolutions authorizing execution of agreement re Parcel Map 2838 (Shaheen) for development, approving Parcel Map 2838, and authoriz- ing agreement to be executed with P.G.&E. were adopted by Council. RESOLUTION NO. 235-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Roger L. Shaheen - Parcel Map 2838) RESOLUTION NO. 236-79 A RESOLUTION APPROVING PARCEL MAP NO. 2838 The following resolution was adopted with a minute order by the Council that the contract will not be executed by the Mayor and the Clerk until it has been approved by bond counsel and by the City Attorney. RESOLUTION NO. 237-79 RESOLUTION APPROVING AGREEMENT RESEARCH DRIVE ASSESSMENT DISTRICT NO. 79-l (Pacific Gas & Electric Company) CM-36-236 August 6, 1979 Resos. re Bid Awards A bid was awarded to various chemical companies for water treatment chemicals. RESOLUTION NO. 238-79 A RESOLUTION AWARDING BID AND AUTHORIZING EXECUTION OF AGREEMENT Bids were solicited for the annual requirements of polymer which is used as a coagulant in the treatment of waste water. Successful bidder was Aqua Ben Chemicals. RESOLUTION NO. 239-79 A RESOLUTION AWARDING BID AND AUTHORIZING ISSUANCE OF PURCHASE ORDER Reso. re Horizons A resolution was adopted approving a contract between Alameda County and the City of Livermore to provide counseling and placement services for status offenders and their families from the Tri-Valley area. RESOLUTION NO. 240-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (County of Alameda) (Horizons Program) Reso. re Tentative P.M. No. 2987, David Madis Confirming action taken at the meeting of July 23, a resolution was adopted approving tentative Parcel Map No. 2987, David Madis. RESOLUTION NO. 241-79 A RESOLUTION APPROVING TENTATIVE PARCEL MAP NO. 2987 Reso. Setting Taxi Rates Confirming action taken at the meeting of July 23, 1979, the Council adopted a resolution setting taxi rates. RESOLUTION NO. 242-79 A RESOLUTION ESTABLISHING NEW RATES FOR TAXICABS Payroll and Claims There were 88 claims in the amount of $206,708.80 and 294 payroll warrants in the amount of $126,778.54, for a total of $333,487.34, dated July 20, 1979 and approved by the City Manager. There were 90 claims in the amount of $180,659.73, dated July 31, 1979, and approved by the City Manager. There were lO claims in the amount of $54,6l0.82, dated August I, 1979, and approved by the City Manager. CONSENT CALENDAR APPROVAL ON MOTION OF CM EBERT, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE RULES WERE SUSPENDED AND THE CONSENT CALENDAR WAS ADOPTED. CM-36-237 August 6, 1979 PUBLIC HEARING SET ON MOTION OF CM STALEY, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, THE PUBLIC HEARING REGARDING A PROPOSED GENERAL PLAN AMENDMENT RE LOW/MODERATE INCOME HOUSING REQUIREMENT WAS SET FOR 9/10/79, THE THE PUBLIC HEARING REGARDING THE PROPOSED ZONING ORDINANCE AMENDMENTS RE CN AND CC DISTRICTS WAS SET FOR 8/27/79. APPEAL RE VARIANCE REQUEST, SIGN APPLICATION The applicant, Tri-Valley Datsun, has submitted a modified sign (l53 square feet) for evaluation and approval by Council. The Planning Commission recommended denial of the requested variance on the basis that the required findings for grant of variance can- not be made. ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY A VOTE OF 4-1, CM EBERT DISSENTING, THE PLANNING COMMISSION RECOMMENDATION WAS ADOPTED. RE SANITARY SEWER CONNECTION FEES The City Code provides for the annual adjustment of the sanitary sewer connection fee to reflect the change in the Construction Cost Index. CM DAHLBACKA MOVED TO ADOPT THE RESOLUTION ADJUSTING THE SEWER CONNECTION FEES FOR 1979 BASED ON THE COST OF CONSTRUCTION INDEX, SECONDED BY CM TURNER. Cm Staley called for the question and CM EBERT MADE A MOTION TO MOVE THE PREVIOUS QUESTION, SECONDED BY CM STALEY. THE MOTION FAILED, 3-2, CM EBERT AND STALEY IN THE MINORITY. John stein, l334 Kathy Ct., suggested that the staff use the most recent Index instead of the Index of Sept. 1978. It was explained that the fee adjustment was delayed because of the reclamation pro- ject so the original January calculations were used in order to be fair to everyone concerned. MAYOR KAMENA MADE AN AMENDING MOTION TO RECALCULATE THE FEES USING THE MOST CURRENT INDEX THAT IS AVAILABLE, SECONDED BY CM STALEY. MAYOR KAMENA AGREED TO INCORPORATE INTO HIS AMENDMENT THAT THE FEES ARE TO BE ADJUSTED ANNUALLY IN AUGUST. THE VOTE WAS CALLED FOR BUT BEFORE IT WAS COMPLETED CM EBERT MOVED TO RECONSIDER THE ITEM, SECONDED BY CM DAHLBACKA AND UNANIMOUSLY PASSED. Following a brief discussion, THE AMENDING MOTION WAS WITHDRAtiN. Mr Horner indicated Intel has been waiting for the fee based on the City's delay because of the LAVWMA report. He felt it would, in a sense, be penalizing Intel to adopt a higher fee than they were expecting. THE MAIN MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. RESOLUTION NO. 2l9-79 A RESOLUTION PROVIDING FOR THE ADJUSTMENT OF SANITARY SEWER CONNECTION FEES FOR CALENDAR YEAR 1979 CM-36-238 August 6, 1979 MEETING EXTENSION ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE THE MEETING WAS CONTINUED TO MIDNIGHT. CETA TITLE VI PROJECTS PRIORITY LISTING The Social Concerns Committee has submitted the following Title VI priority list for Council approval. The funding requests, as amended by the Social Concerns Committee, total $326,570. l. Health Care Concerns Committee - Health Care Center Vietnamese Outreach - $9,779.00 2. Tri-Valley Haven for Women - Children from Violence - $2l,573 3. Tri-Valley Development Center - After School Child Care - $12,810 4. Parental Stress Service - Emergency Child Care - $10,606 5. Livermore Housing Authority - Leahy Square Support Social Services Program - $36,027 6. City of Livermore - Housing and Rehabilitation Plan and Evalua- tion System - $12,106 7. City of Livermore - Multi-Service Center Alternative Funding Source Research Program - $7,437 8. Valley Child Care - Parent Training Project - $9,477 9. Tri-Valley Haven for Women - Womens' Re-entry Program - $22,724 10. City of Livermore - Forms Standardization/Consolidation - $12,247 11. State of California Employment Development Department - Older ~vorker Employability Development Program - $lO,849 l2. Valley Volunteer Bureau - Womens' Re-Entry Program - $lO,196 13. Family Tutorial Program - Senior Nutrition and Activities Pro- ject - $lO,202 14. Vallecitos C.E.T. - Livermore Recruitment Task Force Demonstra- tion Project - $10,136 l5. Livermore Valley Joint Unified School District - Print Shop Project - $11,004 l6. City of Livermore - Traffic Inventory and Refurbishing Project - $10,973 l7. City of Livermore - Update City Standard Details - $l2,3l6 l8. Advocates for Women - Career Exploratorium and Resource Center - $10,170 19. Valley Volunteer Bureau - Skills Co-op Project - $lO,l96 20. Y.M.C.A. - Elementary School Age Latch Key Project - $lO,748 21. Employment Development Department - Youth Drop-out Project - $10,849 22. Pepper Tree School - Toddler Program - $l4,526 23. Livermore Valley Joint Unified School District - Career Infor- mation Center Project - $27,842 24. Livermore Valley Joint Unified School District - Fungarden Child Care Center - $ll,777 CM TURNER MOVED TO ADOPT THE PRIORITY LIST AS SUBMITTED BY THE SOCIAL CONCERNS COMMITTEE, SECONDED BY CM DAHLBACKA. CM STALEY MADE AN AMENDING MOTION TO DELETE ITEM II (OLDER WORKER EMPLOYABILITY DEVELOPMENT PROGRAM) AND ITEM 21 (YOUTH DROP-OUT PRO- JECT) . Cm Staley said that Item 11 was a California EmploYment Development Department application and he did not believe that State agencies should be competing for CETA money. THE AMENDING MOTION DIED FOR LACK OF SECOND. Cm Staley requested that, if this item passes, he be given instruction from the Council regarding Items II and 21 when they come before the ACAP-ACTEB board for approval. CM-36-239 August 6, 1979 (CETA Priority List) Mayor Kamena felt that the Social Concerns Committee had exercised good judgment, followed the letter of the law, applied the necessary tests, and had to the best of their ability, given Council a list of priorities which are in order. Sandy Stalcup, supervisor for the Livermore EDD office, stated that the CETA program takes an unemployable person and trains them for a job in the public or private sector, making them a productive member of society. She felt that it was part of CETA's job to enlist the aid of various agencies which could help these people become employ- able and productive. THE MOTION WAS VOTED ON AND PASSED 4-1, CM STALEY DISSENTING. Mayor Kamena thanked the Social Concerns Committee for their hard work on this item. RE FREQUENCY OF CITY COUNCIL MEETINGS A report was recieved from the City Manager regarding the frequency of City Council meetings. CM DAHLBACKA MOVED THAT COUNCIL MEET ON 5TH MONDAYS TO CONSIDER SPECIAL ITEMS, SECONDED BY MAYOR KAMENA. Cm Turner stated that he was opposed to extra meetings and supported meetings twice a month. Cm Ebert agreed. Cm Staley stated he could support the motion on the floor but really preferred that Council meetings be held on a night other than Monday. He felt this would allow additional time to contact staff when ques- tions arose on material in the agenda packets. CM STALEY MADE AN AMENDING MOTION THAT COUNCIL MEETINGS BE HELD ON TUESDAY EVENINGS, SECONDED BY MAYOR KAMENA. Discussion followed concerning changing to a different night of the week, Saturday mornings, and whether the business of the City could be handled efficiently in the two meetings scheduled each month. It was pointed out the Tuesday night meetings would conflict with Planning Commission and School Board meetings. THE AMENDING MOTION WAS VOTED ON AND FAILED ON A VOTE OF 3-2, CM STALEY AND MAYOR KAMENA IN THE MINORITY. THE MAIN MOTION WAS VOTED ON AND PASSED 3-2, CM EBERT AND TURNER IN THE MINORITY. RULES SUSPENSION CM TURNER MOVED TO SUSPEND THE RULES FOR ONE MINUTE TO ADOPT ITEM 5.4 (RE TRACT 4230) and ITEM 5.7 (ELECTIVE STATUS OF CITY CLERK), SECONDED BY CM EBERT. MOTION PASSED UNANIMOUSLY. RE TRACT 4230, VINEYARD TOWNHOMES The Council adopted resolutions authorizing execution of development agreement and approving map and directing filing. (See motion above) RESOLUTION NO. 220-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Vineyard Townhomes - Tract 4230) RESOLUTION NO. 221-79 RESOLUTION ACCEPTING DEVELOPMENT AGREEMENT AND BONDS FOR IMPROVEMENTS TO TRACT 4230 AND APPROVING MAP CM-36-240 August 6, 1979 RESO. RE CITY CLERK POSITION The Council adopted a resolution regarding the elective status of the City Clerk position. (See motion above) RESOLUTION NO. 222-79 A RESOLUTION REQUESTING CONSOLIDATION WITH SPECIAL STATEWIDE ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 1979 RE TREVARNO ROAD The Trevarno Road Home Owners Association has requested that the City clarify the status of Trevarno Road. A report from the Public Works Director noted that the road is a private thoroughfare and the City has no responsibility for the maintenance of the roadway or any public works facilities within the road area. Since the substandard public works improvement in the Trevarno Road area will continue to be a problem and an excessive expense to the property owners, it was recommended that the City Council authorize the formation of an assessment district to reconstruct or repair all public works inprovements on Trevarno Road to meet City standards. ON MOTION OF CM DAHLBACKA, SECONDED BY MAYOR KAMENA AND BY UNANIMOUS VOTE, THE STAFF RECOMMENDATION WAS APPROVED. NAMING OF LIVERMORE CIVIC CENTER A report submitted by the City Manager suggested, rather than naming the City Hall or Civic Center complex after a specific individual, that any special recognition be made on a dedication plaque. ON MOTION OF CM DAHLBACKA, SECONDED BY MAYOR KAMENA AND BY UNANIMOUS VOTE, THE SUGGESTION OF THE CITY MANAGER WAS APPROVED. HEARING SET FOR RDP APPLICATIONS A report from the Planning Dept. recommended that the RDP applica- tions for 1979 be set for public hearing on August 27, 1979. ON MOTION OF CM DAHLBACKA, SECONDED BY MAYOR KM1ENA AND BY UNANIMOUS VOTE THE RECOMMENDATION OF THE PLANNING DEPARTMENT WAS APPROVED. SmL~RIES OF ACTION A summary of action of the Zoning Administrator hearing of July 24, 1979 and the Planning Commission meeting of July 24, 1979, were sub- mitted for informational purposes. APPT. OF MAYOR PRO TEM Since both the Mayor and the Vice-Mayor will be absent from August 12 to August 25, CM DAHLBACKA MOVED TO NOMINATE CM TURNER AS MAYOR PRO TEM DURING THAT PERIOD OF TIME. THE MOTION WAS SECONDED BY CM EBERT AND PASSED UNANIMOUSLY. ORD. RE RESIDENTIAL BUILDING RECORDS ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE THE ORDINANCE REGARDING MUNICIPAL CODE AMENDMENT RELATING TO RESIDEN- TIAL BUILDING RECORDS WAS ADOPTED. ORDINANCE NO. 99l AN ORDINANCE AMENDING SEC.6.38, RELATING TO REPORT OF RESIDENTIAL BUILDING RECORDS, OF CHAPTER 6, RELATING TO BUILDINGS, OF THE LIVERMORE CITY CODE, 1959. CH-36-24l August 6, 1979 RE COUNCIL PROCEDURE AND RULES - DEBATE This item was continued to the meeting of August 27, 1979. ADJOURNMENT There being no further business before the Council the Mayor adjourned the meeting to an executive session. The next regular meeting of the Livermore City Council will be held on August 27, 1979. APPROVE /»7. ff·cfI ~4'4 tJ..1) , Mayor ' /1 I \ / / '~")~ . .../ " / '''..'' .~-- _ City Clerk Livermore, California ATTEST /'-- ....\ i /' j~, l~\'" /1.' ..' . tl;t> U (/ \../ Regular Meeting of August 27, 1979 A regular meeting of the Livermore City Council was held on Monday, August 27, 1979, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Kamena aat 8:l0 p.m. ROLL CALL Present: Cm Dahlbacka, Staley, Turner and Mayor Kamena Absent: Cm Ebert (seated shortly after) PLEDGE OF ALLEGIANCE Mayor Kamena led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. MINUTES APPROVAL, MEETING OF 8/6/79 The following correction was made: p. 36-232, para. 5, delete "supported the Fire Dept.'s recommendation, saying he". ON MOTION OF C~1 STALEY, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, THE CORRECTED MINUTES OF THE MEETING OF AUGUST 6, 1979 WERE APPROVED. OPEN FORUM (Re Campaign Reporting) Larry Bakken, 1888 Buena Vista Ave., asked the Council to request the city Attorney to redraft the City's campaign reporting law according to Proposition 9. CM-36-242 August 27, 1979 (Re Campaign Reporting) Mayor Kamena noted that this matter (Ordinance #875) is scheduled for discussion at the next Council meeting but may be postponed since the City Attorney has not received a copy of the most recent decision from the Supreme Court. Mr Bakken requested that a copy of the pro- posed changes be mailed to him prior to the Council discussion. (Re Dust Problem) Virginia Gregory, l634 College Ave., complained about the dust created by the construction of the housing development across the street from her home. She stated that after her previous complaint, about three weeks ago, the sidewalk was cleared and a watering truck has sprinkled the area, but the area has not been sprinkled since then and dust is a major problem again. Mayor Kamena asked the city staff to look into the problem and see that any regulations regarding the matter be enforced. (Re Address Requirement) (Cm Ebert seated) Kay Parra, 819 Brennan '~ay, said that she and her family had been the recipients of threatening letters, harrassing phone calls, and fireworks exploding in front of her house. She requested that citizens not be required to give their addresses at the Open Forum. (Cm Ebert absent briefly) (Re Residential Growth) Don Miller, 2862 Waverly Way, stated that he felt there was rising concern in other communities about the cost to the voters of resi- dential growth. lIe quoted several newspaper articles and stated that in his opinion, many cities now see clearly that the cost of new residential development is much greater than the taxes received, especially since Proposition 13. He felt that Livermore residents would lose services if residential growth continued here at three times the Bay Area growth rate. (Rights of Citizens) Roman ~1orkowski felt that the Council \Vas polarizing this city and asked that the citizens be informed that they have the right to come before Council to discuss anything, anytime. (Cm Ebert reseated) PUBLIC HEARING RE L ST. UNDERGROUND DISTRICT A public hearing was held to hear protests reqarding the establish- ment of an underground district for installation of utilities on "L" Street betv,¡een First Street and Railroad Avenue. The project will utilize monies set aside by the utility company for use by the City. The develoDer of Depot Plaza will underground the existing facilities adjacent to their project. Mayor Kamena opened the hearing; there was no public testimony. ŒJ MOTION OF CM TURNER, SECONDED BY CH STALEY AND BY UlJANIMOUS VOTE THE PUBLIC HEARING WAS CLOSED. CM TURNER MOVED TO AUTHORIZE PREPARATION OF A RESOLUTION AND ESTAB- LISH A SCHEDULE FOR THE '~ORK, SECONDED BY CH STALEY. MOTION PASSED UNANIMOUSLY. CH-36-243 August 27, 1979 PUBLIC HEARING RE PROPOSED COMMUNITY COMMERCIAL DISTRICT A public hearing was held regarding a proposed Zoning Ordinance amendment establishing a CC (Community Commercial) District. The Planning Commission has recommended the ordinance attached to Reso- lution No. 50-79 be adopted which does not allow personal services and limits miscellaneous retail uses to include only: candy or ice cream stores, hobby or crafts shops, liquor stores, newsstands, and vending machines. The Planning Staff recommends that personal service shops be permitted uses and that the miscellaneous retail uses not be limited as outlined in the proposed ordinance. In reply to a question by Cm Turner, Howard Nies, Planning Director, defined fast food establishments as those usually detached from a complex of shops, usually part of a chain, with a high volume of take-out business, some with drive-up service, businesses such as McDonald's and Jack-in-the Box. Bob Ruggles, Amador Associates, requested that the permitted uses and uses allowed under Conditional Use Permit be as broad as possible. He pointed out that the proposed ordinance does not permit any conven- ience or personal service type uses, which are usually part of most centers. He requested that fast food businesses be allowed although they need not be included as free-standing units, and also felt that supermarkets should be included. He hoped that the language used in setting forth the uses allowed would be interpreted in general terms. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. CM TURNER MOVED TO ORDER THE NEGATIVE DECLARATION BE FILED WITH THE ALAMEDA COUNTY CLERK, AND TO APPROVE THE PROPOSED ORDINANCE AS RECOM- HENDED BY PLANNING COMMISSION RESOLUTION NO. 50-79, SECONDED BY CM EBERT. Cm Staley commented that he felt the Planning Staff's recommendation was fairly well taken with regards to the expansion of uses. He did not feel that it made any sense to put in zoning ordinances uses that will almost certainly be approved under a PUD or CUP in the event that they come in as part of a general package, since in his opinion it would complicate the financing, making the project more difficult for everyone. He was more in support of the Planning Staff recommendations allowing a wider range of retail uses. CM STALEY MADE AN AMENDING MOTION TO M1END P.C. RESOLUTION NO. 50-79 BY ADOPTING THE PLANNING STAFF'S RECO~~ENDATIONS, SECONDED BY C~1 EBERT. Cm Staley added that he felt 50 feet was an appropriate height for signs in the CC District, and did not object to the 64 square feet of area allowed for signs although he did not really have a feel for what would be an adequate size. CM STALEY MADE AN AMENDI:NG MOTION THAT A MAXIMUM HEIGHT OF 50 FEET BE ALLOWED FOR FREE-STANDING SIGNS IN THE CC DISTRICT, SECONDED BY CM EBERT. Mr Nies noted that the Planning Staff recommendation had been 25 feet. Mr Ruggles stated that there was a 25 foot vertical separation be- tween the freeway and the property in question, and that he would like to see a 50 foot free-standing sign allowed, with a maximum are of 150-200 square feet. A general discussion followed concerning the rrelationship between sign height and the geography of the Amador Associates Property. CH-36-244 August 27, 1979 (P.H. re CC District) Cm Staley agreed with the identification philosophy of the sign ordinance and was in favor of allowing a sign that is going to be visible from the freeway from both directions rather than build into the ordinance a sign which cannot be seen. Cm Dahlbacka felt that the Center would be set off and clearly vis- ible from the freeway. Cm Turner agreed that the 50 foot height would not be necessary. THE SECOND A1-1ENDING HOTION WAS VOTED ON AND PASSED 3-2, CH TURNER AND DAHLBACKA DISSENTING. THE FIRST MŒNDING HOTION ~vAS VOTED ON AND PASSED 3-2, CH TURNER AND DAHLBACKA DISSENTING. Regarding the main motion, CD Dahlbacka commented that after review- ing the ordinance, he had become increasingly concerned about the conunercialization of the area being discussed. He was in favor of preserving the intersection in the Industrial/Research zoning which was originally adopted. Cm Turner commented that at the time of the original proposal, it vTas supposed to be a ~vell-c1esigned community use center on the free- way which he didn't totally agree with but which had some merit. lIe felt if uses such as fast foods were allowed it would take the heart out of the ordinance and the need to provide conmunity-wide retail uses. Cm Staley pointed out that this area will require a PUD for develop- ment. lIe added that one major store does not make a shopping center; provision of additional conveniences are also required. In reply to a question by Cm Dahlbacka, r1r Nies noted that the ordi- nance requires a site plan, but he anticipates that this development will be a PUD. Gary Reiners, City Attorney, indicated that once this district is established on a piece of land, the City's discretion is limited to site plan approval which is considerably less broad than the discre- tion that the City would have over approval of a PUD. David Eller, 3797 Oregon ~vay, was not in favor of a large shopping center being built on the periphery of the city, feeling that it would cause a deterioration of the downtown area. He was in favor of a more esthetically pleasing development at the intersection. Cm Staley indicated that he could not support the motion unless there was some way to include the PUD. As he understood it, if the zone is adopted, Council does not have to place the zone on any particular property. In addition, Council could allow development to the zoned standards within a PUD on an OS-DR property. Mr Reiners agreed and mentioned that this might be a good time to integrate this matter with the Planning Commission's current recon- sideration of the US-UR zone. He explained the alternatives avail- able under this option which were discussed briefly by Council. Cm Staley mentioned that he was not in favor of giving the piece of property being discussed an uncontrolled opportunity to develop under this ordinance. Cm Ebert stated that he was in favor of Cm Staley's original argu- ment in favor of expanding the scope of the zone to allow the com- mercial developers more latitude. CH-36-245 August 27, 1979 (P.H. re CC District) Cm Staley stated he was prepared to support commercial development of that type on this piece of property but also was prepared to support an ordinance that allows maximum flexibility in terms of adding addi- tional uses in filling out the center. He could not, however, support an ordinance that allowed the center to develop around these addi- tional uses first with the hope that sometime in the future the major uses would be obtained. Mr Ruggles indicated that he intended to develop under a PUD but he urged the passage of this ordinance because it was the necessary framework. Cm Ebert was in favor of this type of framework being established with the possibility of it being applied to other shopping centers which already exist in the city. THE MAIN MOTION WAS VOTED ON AND PASSED 3-2, CM DAHLBACKA AND TURNER IN THE MINORITY. An ordinance will be prepared for formal introduction and adoption at a later meeting. PUBLIC HEARING RE PROPOSED CN DISTRICT AMENDMENT A public hearing was held regarding a proposed Zoning Ordinance amendment relating to expansion of permitted and conditional uses within the CN (Neighborhood Commercial) District. Mayor Kamena declared the public hearing open. Edward Rathbun, from the Livermore Center on the corner of Rincon and Pine, explained that he had submitted testimony to the Planning Commission regarding expanded uses in the CN District. He noted that the Center has been strangulated with tenants being lost to Dublin and Pleasanton because they have not been willing to pay the $l50 fine and wait 2-3 months to go through the hearings required for the uses. He was in favor of allowing the uses set forth in his letter of June 8 on pp. l, 2 and 3, except for those uses dis- cussed under Item 5 of Mr Nies's communication to the Planning commission dated June 28, 1979. Mr Nies noted that retail and consumer types of uses were considered appropriate, but heavier type uses such as janitorial were not. A brief discussion followed concerning specific and similar uses. Mr Rathbun urged that new businesses be allowed to locate in Liver- more. He noted that according to the Wall Street Journal, 80% of new jobs are generated by businesses employing fewer than 20 people, businesses which are usually located in small neighborhood centers. ~~YOR KAMENA MOVED TO CONTINUE THIS PUBLIC HEARING TO SEPT. 10. THE MOTION DIED FOR LACK OF A SECOND. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. CM TURNER MOVED TO ORDER THE NEGATIVE DECLARATION BE FILED WITH THE AL~lEDA COUNTY CLERK AND TO APPROVE THE PROPOSED ORDINANCE CHANGES OUTLINED IN PLANNING COMMISSION RESOLUTION NO. 42-79, SECONDED BY CM DAHLBACKA. CM-36-246 August 27, 1979 (P.H. re CN District Amendment) Cm Turner commented that he could understand Mr Rathbun's concerns but did not feel that every allowable use need to be listed in the ordinance, since the ordinance covers uses normally permitted in a shopping center. Cm Dahlbacka felt that there were some problems in the neighborhood centers and that a modest expansion in the permitted uses was in order. He did not want to see uses allowed which would be very competitive with present and future downtown businesses and supported the proposed amendment. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. An ordinance will be prepared for formal introduction and adoption at a later meeting. RECESS Mayor Kamena called for a brief recess after which the meeting re- sumed with all Councilmembers present. PUBLIC HEARINGS RE RDP APPLICATIONS It was the concensus of Council to consider and discuss the Residen- tial Development Policy applications, Items l.4 through 1.21, as a group, to be followed by action on each item. Environmental Impact Reports and Negative Declarations, where applicable, were also con- sidered for each application. Responding to questions by Council, 'lr Nies noted that the low/ moderate requirement on the development of Tent. Tract No. 4138 (Item l.5, P.C. Reso. No. 53-79) was met last year; there were 3 duplex units provided which met the requirement for the entire tract. Regarding Item 1.7, Tent. Tract No. 4108, Hr Nies explained that 43 allocations were being requested. The full development has 63 units, some units having been approved last year. Regarding Item 1.8, %'atson application for 7 permits, Mr nies said that the applicant has indicated that he will need to come back on a map on that particular item. Regarding Item 1.12 (Andersen), Hr Nies stated that there are some basic conditions that are binding tonight but the Council will review it again when the map is submitted. Three of the units will be low income housing, he added. Mr Nies noted that the Planning Commission will start work tomorrow night on recommendations to be made regarding changes in the RDP process. It should come before Council in about a month so that modicifcations can be incorporated in the 1980 considerations. Ilayor Kamena opened the public hearing on Items 1. 4 through 1. 21. Clarence lloenig, representing the Livermore Housing Authority, asked that Council consider the recoa~endations made by the Housing Author- ity regarding low and moderate income housing. He also asked that the number of low and/or moderate units be noted on each application. The Housing Authority recommended that for the 1979 allocations, an affordability table be used as a measure to judge whether or not a C~1-36-24 7 August 27, 1979 (Re RDP Applications) home rental price qualified for low or moderate, and to extend this table below the 80% median to the 60% range. They also felt that if the City is going to subsidize low/moderate housing, a deed restric- tion be applied. He noted that the Housing Authority would be happy to work with the City to qualify incomes throughout the project and to develop a plan with the City to meet that responsibility. David Madis, 1011 Geneva, was not in favor of resale limitation or deed restrictions on these properties. He did not feel that it would be feasible to try to continuously impede the buyers of this housing to the extent that they do not have an equal opportunity with other homeowners to keep up with inflation. Mr Hoenig explained that the position of the Housing Authority was that deed restrictions should be applied only if there is a subsidy from the City in order to bring about low or moderate housing. David Sanchez, Kaufman & Broad, regarding Item 1.4, Tent. Tract No. 4l82, said that he was prepared to accept the Planning Commission determination of 59/8 or 60/6 as recommended because an 85/l0 ratio on Tent. Tract No. 4182 would have a detrimental effect on Tent. Tract No. 3940. He also requested that Council consider giving two additional points to Tent. Tract 4l8l for an existing bike path and allotting l4 unlimited units and 55 moderate units to that piece of property. Mr Madis indicated that it was his belief that the Andersen property was entitled to an additional 17 points. He noted that the property had lost l2 points on the grounds that the General Plan failed to show immediate development for the land, even though within the last year he has requested that the property be zoned for annexation and requested site plan approval, and both the Council and the Planning Commission have indicated that the project is appropriate. Secondly points had been lost because the Fire Dept. indicated that there would be a problem because of fires, but the City, under the Joint Powers Agreement with the County, presently responds to all fires in the area. Third, he noted that points had been lost because of no provision for a bike path, even though the plans include a bike path along the Arroyo Los Positas. Points were also lost, he noted because the Livermore Police Dept. indicated that this development would add to their patrol burden. Mr Madis did not feel that this development would be any more difficult to patrol than any other subdivision. Cm Ebert felt that Mr Madis's concerns should have already been con- sidered by the staff and Planning Commission, that the RDP process is designed to provide an objective method whereby priority may be established. He supported the Planning Commission recommendations. Mr Nies noted that Mr Madis's concerns had been addressed and dis- cussed by the Planning Commission and Staff. ON MOTION OF CM TURNER, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. CM TURNER MOVED TO ADOPT THE RESOLUTIONS AS SET FORTH BY THE PLANNING CO~4ISSION, RESOLUTIONS NOS. 52-79 THROUGH 59-79 AND RESOLUTION NO. 61-79 OF APPROVAL, AND RESOLUTION NO. 60-79 OF DENIAL, SECONDED BY CM DAHLBACKA. Cm Ebert said he was categorically opposed to deed restrictions feeling they were a restraint of trade and taxation without repre- sentation. He felt that the marketplace could provide low/moderate income housing without governmental subsidies. Discussion followed concerning subsidized housing and Cm Turner requested that the item be placed on a future agenda for discussion of deed restrictions and related matters with a report to be made by the Assistant City Manager. CH-36-248 August 27, 1979 (Re RDP Applications) Ed Schilling, Assistant City Manager, stated that the Staff position is that: 1) Council must determine whether the reservation of sew- age is a subsidy of these units; 2) the affordability table supported by the Housing Authority is an excellent way to approach the concept of imposing rent controls or deed restrictions; 3) staff has deter- mined that the cost effectiveness of rent control and an ongoing income verification program for the low income units would be of very questionable benefit to the community. Hr Schilling commented that there are no below-market rate units in the RDP applications and it was his understanding that there were no direct or indirect subsidies involved in the low/moderate units being built. lIe noted that staff could administer a program of deed restriction but he felt the mar- ketability question is a serious one that should be considered by Council as a policy issue. Basically, at this point, he said staff supports the Planning Commission recommendation which would require that the developers meet the application sales and rental limits. ~1ayor Kamena thought it would be unfortunate and unwise if the rules regarding the RDP were changed midstream and hoped the Council would make a statement as an agenda item regarding referral of the matters discussed by r'1r Schilling to the Housing Authority, Planning Commis- sion and other pertinent agencies. Cm Dahlbacka felt that the City need not provide a hedge against in- flation with regards to the low cost housing, but rather simply shel- ter in a range of housing. He was not opposed to a subsidy requiring a deed restriction. In answer to queries, Mr Hadis stated regarding the Andersen prop- erty, that projected plans for the property included a bike path following the arroyo, and a play area to be developed in the pit area which could include a baseball diamond and a water related rec- reation area. He added he would be coming back in with a Tentative Map which would show the actual design of the buildings, elevations, and all the amenities of the condominium project. It was noted that there were 79 moderate income units and 29 low income units in the applications recommended for approval by the Planning Commission. It was the consensus of the council to consider as an agenda item the possibility of using an affordability table in conjunction with the 1980 RDP applications since there was no estab- lished mechanisms to make the determinations necessary for the 1979 applications. THE MAIN MOTION NAS VOTED ON A PASSED UNANIHOUSLY WITH THE EXCEPTION OF THE ABSTENTION OF CM EBERT ON ITEH 1.5 (TENT. TRACT MAP NO. 4138). Listed below are the individual RDP applications. KAUFMAN & BROAD RDP APPLICATION, T.T. 4182 Council approved by unanimous vote applications from Kaufman & Broad (Kissell Company) for a) Rezoning of certain areas as indicated on map noted herein from OS-UR (Open Space-Urban Reserve) to OS-F (Open Space-Flood) Dis- trict and from OS-F to OS-DR District to permit adjustment of zoning boundary to conform to proposed channel realignment with- in and adjacent to Tentative Tract No. 4182; b) 1979 Residential Development Policy allocation; c) Planned Unit Development/Conditional Use Permit; d) Tentative Tract No. 4182 all to allow residential development in the OS-UR (Open Space-Urban Reserve) District on a site located south of Dalton Ave., west of Vasco Road, north of Idlewild Ave., east of existing Christensen School and Park, according to P.C. Reso. No. 52-79. (See previous item for motion and vote) CH-36-249 August 27, 1979 RDP APPLICATION, G . R . H . INC, T'. T . MAP NO. 4138 Council approved by a vote of 4-0, Cm Ebert abstaining, a 1979 RDP application from G.R.M. Inc. (Dan Spruiell) to allow development of 16 housing units and proposal to allow l2 month extension of Planned Unit Development Permit No. 25 and Tentative Tract Map No. 4138, accord- ing to P.C. Reso. 53-79, property located at 1885 College Avenue. (See p. 248 for motion and p. 249 for vote on this item) RDP APPLICATION, BEDFORD PLAZA & CITATION HOf-mS Council approved by unanimous vote a 1979 Residential Development Policy application from Milton Murray for Bedford Plaza and Citation Homes, to allow development of 43 housing units and proposal to allow 12 month extension of Planned Unit Development/Conditional Use Permit No. 123-78 and approval of Tentative Tract Map No. 4108 for a total of 63 lots, according to P.C. Reso. 54-79, located adjacent and south- erly of Las Positas Blvd., between Hagemann Rd. and Kittyhawk Rd. (See p. 248 for motion and p. 249 for vote on this item) RDP APPLICATION, TENT. MAP 4230, TINNEY AND VANE The Council approved by unanimous vote a 1979 RDP application from Jack Tinney/Pat Vane to allow development of 14 housing units, and proposal to allow l2 month extension of Planned unit Development/ Conditional Use Permit No. ll6-78 to September 30, 1980 to allow development of a total of 64 units (Tentative Tract Map No. 4230), according to Planning Commission Resolution No. 55-79. (See p. 248 for motion and p. 249 for vote on this item) RDP APPLICATION, RICHARD WATSON The Council approved by unanimous vote a 1979 Residential Develop- ment Policy application from Richard L. Watson to allow development of three unlimited housing units and four moderate housing units at 3176 First St., according to P.C. Resolution No. 56-79. (See p. 248 for motion and p. 249 for vote on this item) RDP APPLICATION, KAUFMAN & BROAD, TENT. T. MAP 3940 The Council approved by unanimous vote a 1979 Residential Development Policy application from Kaufman & Broad to allow development of 86 housing units within PUD/CUP Ho. 109-78 and Tentative Tract Map No. 3940, property located at the northerly terminus of Springtown Blvd., according to P.C. Resolution No. 57-79. (See p. 248 for motion and p. 249 for vote on this item) RDP APPLICATION, STOCKING The Council approved by unanimous vote a 1979 Residential Development Policy application from Gerarda and Bosco Stocking to allow an 8 unit two story, two bedroom apartment building at 630 No. L Street, according to Planning Commission Resolution no. 58-79. (see p. 248 for motion and p. 249 for vote on this item) CM-36-250 August 27, 1979 RDP APPLICATION, CAPLER PROPERTIES By unanimous vote, the Council approved a 1979 Residential Develop- ment Policy application from Capler Properties to allow 18 housing units at 291 Junction Avenue, according to P.C. Reso. No. 59-79. (See p. 248 for motion and p. 249 for vote on this item) RDP APPLICATION, CHESTER ANDERSEN The Council approved by unanimous vote a 1979 RDP application and Planned unit Development/Conditonal Use Permit application from Chester Andersen to allow construction of 288 multiple residential units on property within the unincorporated area (County-the property was previously pre-zoned pending annexation for multiple development) on a site located at 1570 portola Ave., according to P.C. Reso. 61-79. (See p. 248 for motion and p. 249 for vote on this item) RDP APPLICATION, KAUFHAN & BROAD, TENT. TRi'\.CT NO. 4181 The Council denied by unanimous vote applications from ICaufman & Broad (Kay Building Co.) for 1979 Residential Development Policy, Planned unit Development Permit/Conditional Use Permit and Tentative Tract Nap 1Jo. 4181 to allow residential townhouse development on a site located between East Avenue and Susan Lane, approximately 450 feet east of Charlotte \'Jay, according to P.C. Reso. 'Jo. 60-79. (See p. 248 for motion and p. 249 for vote on this item) RDP APPLICATION, NORTIH'JOOD nOH'CS, TENT. TRACT ·NO. 4260 The Council denied by unanir.1ous vote a 1979 RDP allocation applica- tion, Planned Unit Development/Conditional Use Permit and ~entative Tract Hap No. 4260 from 'Jorthwood Homes, Inc. by Ronald P. IIarrison, to allow a residential suhdivision in the "OS-UR Zoning District, on a site located north of Larkspur Dr. and Lantana Ave., as recommended in P.C. Reso. no. 60-79. (See p. 248 for motion and p. 249 for vote on this item) RDP APPLICATION, HURRAY/SCIIENC?J:JE _ The Council denied by unanimous vote a 1979 RDP application from !'1il ton f1urray for Joseph Schenone and Citation Homes for 26 housing units, property located at Bluebell Dr. and Heather Lane (Tentative Tract [,lap No. 4202), as recommended by P.C. Reso. No. 60-79. (See p. 248 for motion and p. 249 for vote on this item) RDP APPLICATION, HILTON HURRAY, TENT. TRACT NO. 4174 The Council denied by unanimous vote a 1979 RDP application from Milton Murray for M & M Consultants and Citation Homes to allow 14 housing units westerly of Scenic Avenue and Heather Lane (Tentative Tract r'lap Ho. 4174), as recommended by P.C. Reso. No. 60-79. (See p. 248 for motion and p. 249 for vote on this item) Cfil- 3 6- 251 August 27, 1979 RDP APPLICATION, MARLIN HALEY, T.T. MAP NO. 4167 The Council denied by unanimous vote an application for a 1979 RDP allocation, Planned Unit Development/Conditional Use Permit and Tentative Tract Map No. 4l67, submitted by Marlin W. Haley, et aI, by Milton Murray to allow subdivision of a 3.5 acre site into 10 single family lots located westerly of Bluebell Dr., northerly of Springtown Golf Course and southerly of Altamont Creek, as recom- mended by Plannint Commission Resolution No. 60-79. (See p. 248 for motion and p. 249 for vote on this item) RDP APPLICATION, KAUFMAN & BROAD T.T. MAP NO. 4152 The Council denied by unanimous vote an application from Kaufman & Broad (Kay Building Co.) by Associated Professions, Inc. for: 1979 RDP allocation; rezoning from RS-5 (Suburban Residential) District to OS-UR (Open Space-Urban Reserve) District; Planned unit Develop- ment/Conditional Use Permit and Tentative Tract Map No. 4152 to allow development of 44 housing units, property located at the northeast corner of Charlotte Way and East Ave., as recommended by P.C. Reso. No. 60-79. (See p. 248 for motion and p. 249 for vote on this item) RDP APPLICATION, KAUFMAN & BROAD, T.T. MAP NO. 3760 By unanimous vote the Council denied a 1979 Residential Development Policy application from Kaufman & Broad for 101 housing units on property located northwesterly of Joyce St. and Theresa Way (Tent- ative Tract Map No. 3760), as recommended by P.C. Reso. No. 60-79. (See p. 248 for motion and p. 249 for vote on this item) RDP APPLICATION, T.T. MAP NO. 4164 By unanimous vote the Council denied an application for 1979 RDP allocation, PUD/CUP and Tentative Tract Hap No. 4164, from California Evengelistic Association to allow subdivision of 8.8 acres m/l into ten lots, nine lots to be used for single family residential devel- opment, balance to contain the existing church facility on a site located at l135 Bluebell Dr., as recommended by P.C. Reso. 60-79. (See p. 248 for motion and p. 249 for vote on this item) RDP APPLICATION, RONALD WHITMAN, T.T. MAP NO. 4192 The Council denied by unanimous vote applications for 1979 RDP allo- cations, PUD/CUP and Tentative Tract ~1ap No. 4192 from Ronald L. Whitman by Archer & Barbee, Inc. to allow subdivision of a 3.39 acre site into nine housing units located southerly of the intersection of Olivina Ave. and Thrasher Ave., as recommended by P.C. Reso. 60-79. (See p. 248 for motion and p. 249 for vote on this item) CM-36-252 AUGust 27, 1979 CONSENT CALENDAR Reso. re CALTRANS The Council adopted a resolution authorizing execution of agreement with CALTRANS for adjustment of utility access covers within the area of First Street to be resurfaced. RESOLUTION NO. 243-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEHENT (Cal Trans) Reso. re Salary Reso. The Council adopted a resolution amending the salary resolution rela- tive to salaries of the City Hanager, City Attorney, Acting Fire Chief and Interim Asst. Purchasing Agent. RESOLUTION NO. 244-79 A RESOLUTION OF THE CITY OF LIVERI'lORE AMENDING RESOLUTION NO. 72-79, FOR THE CLASSIFIED AND UNCLASSIFIED EMPLOYEES OF THE CITY OF LIVERJ'10RE, ESTABLISHING RULES FOR ITS USE. Payroll and Claims There were 102 claims in the amount of $114,880.02, dated 8/3/79 and approved by the City Manager. There were 170 claims in the amount of $522,275.34 and 563 payroll warrants in the amount of $240,247.68 for a total of $762,523.02, dated 8/21/79 and approved by the City Manager. CONSENT CALENDAR APPROVAL ON MOTION OF CH TURNER, SECONDED BY CH EBERT AND BY UNANIHOUS VOTE THE CONSENT CALENDAR WAS APPROVED. MATTERS INITIATED BY STAFF & COUNCILMEHBERS (Re Executive Session) r1r Reiners requested a brief executive session for the discussion of litigation to follow tonight's meeting. (Policy Statement re Alameda Co. Solid Waste Management Role) A brief discussion followed concerning waste stream transfer stations and it was the consensus of Council that Cm Dahlbacka work with Hr Schilling regarding the matter. (Re Addresses at Open Forum) It was the concensus of the Council that, at the Open Forum, a person be asked to give his/her name and address. If that person objects, he/she may, upon conclusion of testimony, give the correct address directly to the City Clerk. CM-36-253 August 27, 1979 (Re LAVWMA Letter) Cm Ebert noted that a letter had been received from LA~~ regard- ing the operation of our sewer facility. Dan Lee, Director of Public Works said that the mechanical problem that caused the temporary impoundment of partially treated effluent has been corrected and all the impounded effluent has been circulated back through the plant. There was no violation of our requirements, he added. (Re Repaving of East Ave.) Cm Turner asked that the City inspect the work being done on East Ave. He complained that the sawhorse barricade covering the manhole cover areas were a traffic hazard since many of the lights were out. (First St. Deadend) Cm Turner also noted that there were no lights to indicate where Old First Street deadends at the Railroad tracks heading west towards the center of town. Mr Lee noted the the lights have not been placed yet. (Arroyo Hocho Bikepath) Cm Turner noted that the bridge for the Arroyo Mocho bikepath that serves Granada High School is finally in the process of being con- structed after being committed for January 1979 and then February 1979. He suggested that, regarding issues such as this one which came dir- ectly from citizen imput, a schedule be made up by staff keeping Council informed as to progress on citizen-initiated issues. ADJOURNMENT There being no further business before the Council the meeting was adjourned at 11:25 to an adjourned meeting to be held on ~vednesday, August 29, 1979 at 8:00 p.m. The next regular meeting of the Livermore City Council ,viII be held on Honday, September 10, 1979 at 8:00 p.m. APPROVE /J?íill:f~ 111\ . Mayot ATTEST :xI~. City Clerk Livermore, California Adjourned Regular Meeting of August 29, 1979 An adjourned regular meeting of the Livermore City Council was held on Wednesday, August 29, 1979, in the Hunicipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Kamena at 8:10 p.m. ROLL CALL Present: Absent: Cm Dahlbacka, Ebert, Staley, Turner and Mayor Xamena None CM-36-254 August 29, 1979 PLEDGE OF ALLEGIANCE Mayor Kamena led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. OPEN FORm-l No one wished to speak. ASSOCIATED PROFESSIONS ANNEXATION REQUEST A request has been received from Associated Professions, Inc. regard- ing a proposed annexation of a 15 acre parcel located north of Lex- ington Hay, bet'"een Sheffield Dr. and rIerri tt Lane. The Planning Department recomI:lended approval. ON ~lOTION OF' CM TPRNER, SECm1DED BY CH EBERT AND BY UNANHlOUS VOTE, THE ANNEXATION HAS APPROVED FOR SUB1'1ITTAL TO THE LAFC. CITY HZ\Nl\GER' S REPORT In the absence of the City Manager, the report was given by Ed Schilling, Assistant City Manager. Mr Schilling reported that the City has received a proposed contract for rent of space in the Multi-Service Center from the Eden Informa- tion and Referral Service. They will need 400 sq. ft. and will pay a rent of $200 a month. He stated that if Council has no objections, the contract will be authorized in the usual manner. 1979-80 CAPITAL H1PROVEME:tIT BUDGET ----- -- It was decided by Council consensus to discuss this item after Recess. PROPOSED S.P. SUPERBLOCK PIIl\S~: III SITE PLAN Southern Pacific Development Co. submitted a revised site plan for the area south of Railroad Ave. between So. L and So. P Sts. The Planning Department is recommending referral of the revised site plan to the Planning Commission for action. Replying to a question by Cm Turner, Gary Reiners, City Attorney, stated that the proposal will have to go to the Planning Commission for initiation of a Dotential a~endment to the existing plan to pro- vide for the adoption of the propose1 development. lIe added that Council can discuss their intentions and policy and refer those remarks to the Planning Commission. CH TURNER MOVED TO REFER 'I'IIE REVISED SITE PLAN TO THE PLAi'mING cm·l- MISSION AIm AUTHORIZE THE PREPARATION OF AN E. I. R., SECONDED BY Ct1 DAHLBACI{A . Rob Beyer, owner of property at 75 and 97 No. Livermore Ave., was concerned about the traffic pattern on ~10rth Livermore Avenue between First St. and Railroad Ave. It was pointed out that the area being discussed is between First and Railroad, but west of "1." Street. 1'·lr Schilling indicated that the median plan for Livermore and L Sts. will corne before Council probahly on September lOth. A meeting is also planned with the merchants in the area prior to the Council meeting, he noted, and no construction will take place until after both meetings are held. A brief discussion followed concerning the motion on the floor. It ,vas noted that the S.P. proposal does not meet the General Plan and concern was expressed regarding the most efficient way of handling the matter. CH-36-255 August 29, 1979 (Re S.P. Proposal) Mr Reiners explained that even if the proposal is not in conformance with the General Plan, it still must be considered by the Planning Commission. The only action that Council could take tonight that could eliminate referral, he said, would be the finding that this proposed site plan is in conformance with the General Plan. Cm Turner preferred to defer discussion of this item until after it has been discussed by the Planning Commission, so he could have the benefit of the Commission findings and comments. Mayor Kamena commented that he knew of no staff report stating that the proposal was not in conformance with the General Plan. Mr Reiner indicated that if the Council looks at the general outline of the General Plan Policy concerning the Central Business District and finds that this plan conforms to that general framework, then the Council could find the proposal in conformance. Otherwise, he added, it is not in conformance and must be referred to the Planning Commission if the present plan is to be approved. Cm Ebert mentioned that he would like to see a view of the proposed plan looking south from Railroad Ave. instead of the northwesterly view shown. He felt that it was difficult to judge from the render- ings submitted what it would look like when completed, and was not in favor of a blank, windowless wall facing Railroad Ave. Mayor Kamena said that the issue before Council layout is in conformance with the General Plan. process continues, there will still be right of at a later time for the specifics. is whether the basic If it is, and the architectural review It was noted that there will be a common area behind the department store and that there will be a total of 550 parking spaces within the center. Howard Nies, Planning Director estimated that it would take about two months to complete the E.I.R. Jerry Cox, Southern Pacific Development Co., explained that the site plan originally submitted by S.P. had been determined by the Planning Commission as being not in conformance with the General Plan. He noted that he was at tonight's meeting as part of the appeal process and to submit a revised site plan which perhaps is in better conformance with the General Plan. He explained the benefits of the proposed plan to the Council and stated that when completed there would be 7.67 acres of commercial development on former railroad properties, including the Livermore Arcade, Depot Plaza and Super Block shopping centers. The City of Livermore could expect an annual income of $100,000 from the proposed shopping center, he added, from business, sales and property taxes. Concerns were expressed and discussed regarding vehicular access from "M", "N" and "0" Streets and a second entrance to Ross's Department store. Cm Staley noted that this proposal differs from the original proposal in that the pedestrian mall is located slightly west of "N" Street, and that there is a zero setback on Railroad Ave. which he realized may be necessary for loading purposes but he questioned the locating of parking spaces in the same area. Mr Cox explained that space was needed there for loading, unloading and truck turning radiuses, and, to allow for optimum use of the space, the parking stalls were added. Cm Staley commented that he would be more pleased with the plan if there was less space between the shops and Railroad Ave. and if a CM-36-256 August 29, 1979 (Re S.P. Proposal) different treatment was used for the 12 parking spaces in the center. A children's play area might be attractive, he suggested. ~1r Cox did not think it was possible to have a zero setback on Rail- road Avenue especially for the shops because that is, essentially, the loading area for the shops. A brief discussion followed concerning the path, traffic-carrying ability and future use of Railroad Avenue between Land P Sts. It was noted that 4 lanes and a median were a possibility on Railroad Avenue. The possibility of stores facing onto Railroad Avenue was discussed and it was pointed out by Bert Foris, architect for the project, that for security reasons, the small merchant cannot afford to have two entrances. Mr. Foris could not see what would be gained by moving the blank wall closer to Railroad which would eliminate some of the planned landscaping. The consensus was that Railroad Avenue would remain vehicular in use. Hr Foris mentioned that there was a recommendation in the General Plan that the Council consider some modification of the fire zone arrangements in the city. As they exist, and if they are applied to this development, it would be extremely cumbersome and costly, he pointed out. He also mentioned that he had some reservations about open air pedestrian malls. Hany factors, such as climate, affect the degree of success of open air malls, he noted. It was pointed out that this area could be the Dsychological center of the City and as much as possible should be done to enhance that aspect of the project. ~layor Kamena noten that the areas of concern are: 1) conformance with the General Plan, 2) the promenade, 3) the number of entrances and exits, 4) good internal circulation, and 5) the psychological center concept. The mechanics of the processing of S.P.'s proposal and methods to facilitate the processing were discussed by Council. C]\1 TURNER HI TIID PEr·! THE !10TI0:T on THE FLOOR. cn EBERT ¡',lOVED TO l\UTEORIZE THE PREPARATIŒJ OF TIlE E. I. FoO' CERTIFY THAT THE PROPOS1U..o IS HI CONFORT'll\.T-JCC HITII THE GENERZ\.L PLA~J, AND ASK THAT IT DE RETURNED TO COUt'JCIL HIT!1 A VIET! LOm:IT'Jr:: SOUTH FRŒl RAILROAD AVENUE, :'!ITHIN TWO l'lEEI:S, SECmmED BY C!'v1 TURNER. Cm Staley mentioned that finding the proposal in conformance with the General Plan simDly eliminates the requirement of two additional hearings. The Planning Commission will still have an opportunity to see the B.I.R. and discuss the circulation and the Design Review Comrni ttee will have the or')portuni ty to comment on the architectural aspects. Dm Dahlbacka stated that he was not in favor of the motion because within 90 days the Council could have Planning Commission input on the project which he felt was part of the normal process. He also suggested east/west loading docks instead of north/south ones. THE MOTION ~'!AS VOTED O~ AlJD PASSED 4-l, CH DAHLBACKA DISSENTING. It was noted that the rendering referred to in the motion could be distributed to Council as an information item rather than an agenda item. CM-36-257 August 29, 1979 CONT. DISC. RE COUNCIL PROCEDURE AND RULES It was the consensus of Council to continue this item to the meeting of September 17, 1979. RE AREAWIDE HOUSING OPPORTUNITY PLAN The City of Livermore has been requested by ABAG to advise the County Board of Supervisors regarding its position on the Areawide Housing Opportunity Plan (AIIOP). The staff recommended authorization of sup- port by approval of resolution. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY A VOTE OF 4-1, CH EBERT DISSENTING, THE STAFF RECOMHENDATION WAS ADOPTED. RESOLUTION NO. 245-79 RESOLUTION SUPPORTING THE AREAWIDE HOUSING OPPORTUNITY PLAN ZONE 7 PROPOSAL RE WATER RATE ADJUSTMENTS Zone 7 has requested that the city and other water retailers allow them to amend their contract to allow annual adjustments of the treated water rate schedule in place of the current practice of amending the rates once every five years. Staff recommends approval of the amend- ment to the treated water supply contract. CM TURNER MOVED TO ADOPT THE STAFF RECO~~1ENDATION, SECONDED BY CM EBERT. Cm Dahlbacka was not in favor of approving the amendment. He was in favor of the 4-year plan with adjustments, if necessary, to be made on an annual basis. Mayor Kamena felt that if the City agreed to the request, it would be helping to subsidize the uniform rate or permit which is contrary to our pay-as-you-go approach and he was not in favor of the motion. Cm Turner stated that he made the motion because he felt that the staff report explained the need for annual increases and he did not feel that it was an unfair request. THE MOTION Tt.7AS VOTED ON AND FAILED TO PASS ON A VOTE OF 2-3, C1'1 TURNER AND EBERT IN THE MINORITY. VETERANS HOSPITAL SE~œR AGREEHENT A draft agreement between the City and the Veterans Administration has been prepared which provides for sanitary sewer service to the V.A. Hospital and staff recommends that it be tentatively approved. Staff also recommends that the sanitary sewer line to the V.A. Hos- pital be oversized to accommodate present and future needs in the Arroyo Del Valle area and that the cost be paid from the sewer con- nection fund. 1layor Kamena was concerned about spending $209,000 of Livermore taxpayers' money to pay for an oversize line which may not be nec- essary. He felt if there was more development to the south in the future, the oversized line may be a legitimate need. Dan Lee, Director of Public Works, stated that the City was committed to the V.A. Hospital to give them the .2 million capacity in our CM-36-258 Z\..ugust 29, 1979 (Re V.A. Sewer Line) treatment plant and to accept that in the sewer line. He noted that service may be required in the future by the Duenas Vidas Ranch area and Sycamore Grove Recreational area, and the only way to accommodate these needs is to provide some oversizing. The oversizing recommenda- tion was not for resiQential, necessarily, but for whatever the future need is. It will be a gravity flow line and there will be no energy costs associated with the size of the line, it was explained. Cm Staley stated that he could see the need to accommodate Sycamore Grove, Buenas Vidas Ranch and rural residential uses, but questioned the need for the oversized line. Mr Lee explained that the proposed line was the smallest line which would reasonably accommodate the present and future needs of the V.A. Hospital, Sycamore Grove, Buenas Vidas Ranch area and rural residen- tial in the area, and provide some flexibility for the future. Hr Schilling commented that the lifetime of a pipeline is usually about 50-60 years compared to our General Plan which has an expected lifetime of approximately 20 years. He felt it was prudent to over- size slightly in order to accommodate the possible growth which could take place in that area over the next 50 years, even though it is not projected for growth in the current General Plan. Cm Dahlbacka was not willing to pay $209,000 to oversize a pipeline which does not service the City of Livermore or the citizens of the City. CM EBERT MOVED TO APPROVE THE AGREEHENT AND THE OVERSIZLNG OF THE Sm.¡rER LINE TO ACCŒ1t10DATE PRESENT AND FUTURE :NEEDS IN THE AREA, SECONDED BY C~1 TURNER. r-1r Lee noted modifications of the agreement: 1) the "not to exceed" figure to be changed from $400,000 to $500,000, 2) the addition of the statement that any cos~ related to the government's portion of the Phase IV plant expansion of the V.A. sewer line extension that is determined to be non-grant-fundahle and that is also required to complete the a fully functional system, shall be paid for by govern- ment within the $500,000 limit. CH EBERT AGREED TO INCORPORATE THE CHANGES HE"TTIŒJED BY tm LEE IN HIS HOTIOH. Cm Ebert felt that the area would grow and that it would be more economical to put in the oversized line at the present time. Mayor Kamena pointed out that most of the area is agricultural and is not likely to grow in the future. CM TURNER HADE AN AMENDING MOTION rrHAT THE CITY OF LIVEru.10RE HILL NOT BEAR ANY COST IU THIS AGREEMElJT, SECONDED BY C'~ DAIILBACKA. Barbara Stears, 1224 Hetmore Rd., stated that she was opposed to larger capacity lines and to residential development of the agri- cultural land in the area. She pointed out that the entire area south of Livermore is a flood inundation area from Del Valle Dam. Charles Crohare, 1068 Aberdeen Ave., stated that he owns 700 acres south of Livermore, contiguous to the V.A. IIospital on two sides. IIe said that he applauded the decision of Mr Lee and his staff to oversize the V.A. sewer line since in his opinion it was a good commonsense decision. lIe felt that grmvth was inevitable in that area of the Valley. cr,,;- 3 6- 259 August 29, 1979 (Rc V.A. Sewer Line) David Eller, Livermore, agreed with }1rs Stear, and was not in favor of oversizing and felt the proposed project would be a disaster. He thought there should be an E.I.R. done on the project. ¡lr Reiners explained that an E.I.R. was done on the entire project at the time the Phase IV expansion was approved. It considers in full detail the growth-inducing impacts of the expansion of sewer capacity, wherever they may occur, he noted. R. Faltings, lOl8 Via Granada, commented that most of the veterans at the present time are from World War II and Vietnam and as they grow older the needs of the hospital facilities will increase. He felt the oversized line was reasonable because of the economy of allowing for future need. Don Miller, 2862 Waverly, mentioned that if a line is needed later for growth and development, it will not be paid for by the taxpayers of Livermore but by each developer. He felt that oversizing done now would be wholly at the cost of the taxpayers of Livermore, and in his opinion, the E.I.R done for the Phase IV expansion, did not take into consideration the effects of the additional oversizing. A specific E.I.R. was needed for the additional oversizing, he sug- gested. He was in favor of the amending motion and of deletion of the oversizing. Cm Ebert explained that within the Livermore sphere of influence, a fee is charged following a set schedule for sewer hookups. This fee, he felt, was paid indirectly by each home buyer. He thought it was prudent at this time to put in the oversized line. THE AHENDING MOTION %'AS VOTED ON AND PASSED 4-1, CH EBERT DISSENTING. THE ~ßIN MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. Mr Lee explained that this project is part of the Phase IV expan- sion and the design should be done by Jan/Feb 1980 with construc- tion to follow. RECESS Hayor Kamena called for a brief recess after which the meeting re- sumed with all Councilmembers present. CO!'IT. DISC. RE 1979-80 CAPITAL IMPROVEMENT BUDGET The proposed Capital Improvement Budget for 1979-80 was introduced at the August 6 Council meeting. Several amendments were discussed at that time and staff is now recommending adoption of a resolution approving the 1979-80 Capital Improvement Budget with recommended amendments. Cm Dahlbacka pointed out that in the past, the Council has consis- tently authorized expenditures that exceeded the actual expenditures by factors of 2-3. The funds authorized are not in actuality spent, causing lost benefits to the citizens of the city and increased costs in areas such as construction cost delays. He was concerned about this and wanted to see authorized funds spent as designated. Mr Lee replied that there has not been an accumulation of money in any of the funds. Money received in the various funds is being spent, although there is a small accumulation in the Sanitary Sewer CJ\1-36-260 ll.Ugust 29, 1979 (Re 1979-80 Capital Improvement Budget) Connection Fee Fund. So the City is actually spending what is avail- able. Some projects are budgeted every year but are contingent on getting a grant and the grant may not be forthcoming. He explained the financial ~istory and current status of several projects within the City. :Ie noted that increased staffing in the Engineering Dept. might expedite some of the delayed projects. Discussion followed concerning possible contracting of some of the work involved. T1r Schilling explained that so~e contracting has been approved by Council already for work that currently cannot be done by City staff due to understaffing. It does cost more money, he noted, but does give the City a more expeditious project, since it's not unusual for a capital improvement project to take more than a year from conceptualization to building. ~he Capital Improvement Committee is currently trying to identify when it is likely that a project can be built. When it is recognized that it may take more than a year to get the project built, Council will be notified. Cm Dahlbacka said he understood Hr Lee's problems but hoped that more accurate forecasting of expenditures could be done in the future. Mr Schilling added that often the Capital Improvement Budget, partic- ularly using general fund type of resources, provides a good cushion against the possibility that municipal resources during the year are going to be less than anticipated. CH EBERT HOVED TO ADOPT A RESOLUTIOn APPROVINr, THE 1979-80 CAPITAL IHPROVEHENT BUDGET THTH AHENmmNTS AS RECOHHENDED BY STAFF, SECŒJDED BY CM TURNER. Cm Dahlbacka suggested that Council discuss the priority list on FAU projects. It was the consensus of Council to discuss this matter as an agenda item at a future meeting. Also to be discussed will be street maintenance. Barbara ~1itchell, 5577 Bridgeport Circle, representing the Livermore Cultural Arts Council committee on art for the administration build- ing, stated that a commitment frOM LCAC regarding raising funds would be delayed until the LCAC September meeting. She requested $500 as seed money to help with expenses anticipated in raising the necessary funds for the art work for the new administration building. She added that before LCAC attempts to get Federal funds for this project, assurance is needed that the City of Livermore supports the project. CH TURNER MADE AN MJlENDING HOTION TO FUT\JD THE I..CAC IN THE MmUNT OF $500 FOR EXPENSES, THAT MONEY TO BE PART OF THE $7500 ALREADY BUDr,ET- ED, AND IF THE LCAC IS UNABLE OR UNTrJILLING TO GO AHEAD V']ITH THE FUND RAISING, THE $500 IS TO BE RETURNED TO THE CITY. HOTION SECONDED BY CH DAHLBACKA AND PASSED UNANIMOUSLY. CM DAHLBACKA HADE An NtENDINr, HOTION TO RETUP,N THE $209,000 FROM THE VA HOSPITAL PIPELINE OVERSIZINr.; TO TIIE SET'lER SERVICE CHARGE USERS. MOTION DIED FOR LACK OF SECOND. THE HAIU f-10TION NAS VOTED ON AND PASSED 4-1, CH DAIILBACKA DISSEUTING. RESOLUTION NO. 246-79 A RESOLUTION APPROVING C1\PITAL H1PROVFTU':NT BUDGET 1979-80 C~1- 36- 2 61 August 29, 1979 RE APPOINTIVE CITY CLERK BALLOT ANALYSIS & ARGUMENT The City Council has approved the proposal by the City Clerk to place the question of an appointive City Clerk on the November ballot. ON MOTION OF CM EBERT, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COUNCIL AUTHORIZED THE CITY ATTORNEY TO PREPARE AN ANALYSIS OF THIS J\1EASURE AND APPROVED THE ARGUHENT IlJ PAVOR OP THE HEASURE POR INCLUSION IN THE VOTERS' PAMPHLET. APPOINTHENT - VARIOUS COr.ulITTEES /Cm·mI S S IONS ON MOTION OF CM TURNER, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, HERB STREET AND ARLENE MORGAN WERE APPOINTED TO THE HERITAGE PRESER- VATION Cm1MISSION. ON MOTION OF CM STALEY, SECONDED BY CH TUmmR AND BY UNANIJI·10US VOTE, JANE OLIVER HAS APPOINTED AS THE LIVER1\10RE REPRESENTATIVE TO THE BALIS SYSTEM ADVISORY BOARD. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, SHIRLEY HAFKE AND MARGARET LOPEZ t'ŒRE APPOINTED TO THE SOCIAL CON- CERNS COMMITTEE. Resolutions of appointment will be prepared for the next regular meeting's Consent Calendar. CONSENT CALEUDAR .~eso. Rej. Claim The Council adopted a resolution rejecting the claim of Kay Parra. RESOLUTION NO. 248-79 -_. A RESOLUTION REJECTING CLAIH (Kay Parra) Reso. re Tax Rate The Council adopted a resolution setting the tax rate for 1979-80 fiscal year for General Obligation Bond interest and redemption. RESOLUTION NO. 249-79 RESOLUTION FIXING TAX RATE FOR FISCAL YEAR - 1979-80 Resos. - Prior Action Reflecting action taken at the meeting of August 6, the Council adopted a resolution regarding denial of variance for Tri-Valley Datsun for a sign. RESOI,UTION :1'10. 250-79 A RESOLUTION DENYING APPLICATI01'1 OF TRI-VALLEY m\.TSUN FOR VARIANCE TO THE ZONING ORDD1ANCE. CM-36-262 August 29, 1979 (Resos. Reflecting Previous Action) Reflecting action taken at the meeting of August 6, the Council adopted a resolution approving the extension of Tract 3760. RESOLUTION NO. 251-79 A RESOLUTION APPROVING EXTENSION OF TRACT 3760 Reso. re Lot !-ine Adjustment:. A lot line adjustment is required to add a 406± sq. ft. parcel of land to lot 9 of Tract 4138. The Council adopted a resolution approving the lot line adjustment for 981 South ilL" St. RESOLUTION NO. 252-79 A RESOLUTION APPROVING LOT LINE ADJUSTHENT (981 South ilL" Street) Reso. re Quitclaim The Council adopted a resolution approving a quitclaim of temporary construction easement to clear title - First Street. RESOLUTION NO. 253-79 RESOLUTION AUTHORIZING EXECUTION OF QUITCLAIM (Fallon Enterprises, Inc.) Reso. - Job Descriptions The Council adopted a resolution approving job descriptions for Police Officer, Police Sergeant and Senior Greenskeeper. RESOLUTION NO. 254-79 RESOLUTION ADOPTING JOB DESCRIPTIONS (Sr. Greenskeeper, Police Officer, Police Sergeant) Re RDP Deadline The Planning Commission recommends that the 1980 deadline for Resi- dential Development Policy applications be extended from October 1, 1979 to Hovember l5, 1979. The Council approved the Planning Co~~is- sion's recommendation. Reso. re Storm Drain Agreement The Council adopted a resolution regarding an agreement for instal- lation of storm drain for the Depot Plaza development to connect with existing storm drain lines. RESOLUTION NO. 255-79 A RESOLUTIO"'J AUTHORI ZING EXECUTION OF AGREEi'-ŒNT (Southern Pacific Development COMpany) CH-36-263 August 29, 1979 Reso. re Tract 4099 All work in Tract 4099 has been installed to City requirements and the Council adopted a resolution accepting the tract for permanent maintenance. RESOLUTION NO. 256-79 A RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF TRACT NO. 4099 (Mercurio & Spaeth) Reso. - Emergency .Ambulance Services The Council adopted a resolution authorizing execution of agreement for emergency ambulance services with Alameda County. The term is for 3 years, commencing July 1, 1979. RESOLUTION NO. 257-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (County of Alameda) Reso. re Tract I'ilap No. 2810 The Council adopted a resolution authorizing approval of final Tract Map No. 2810, authorizing filing of map, and accepting bonds. RESOLUTION HO. 258-79 RESOLUTION ACCEPTING DEVELOPMENT AGREEMENT AND BONDS FOR IMPROVEMENTS TO TRACT 2810 AND APPROVING MAP Planning Commission Hinutes The Planning Commission minutes of the meeting of July 3 and 17, 1979 were submitted for informational purposes. Planning Commission ~ummary of Action A summary of action of the Planning Commission meeting of August 2l, 1979 was submitted to Council. CONSENT CALENDAR APPROVAL ON MOTION OF CM TURNER, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. PROPOSED ORDINANCE RE MOPEDS The Council considered a proposed Municipal Code amendment to add Section 5A.49 regarding mopeds. CM TURNER MOVED TO INTRODUCE AND READ BY TITLE ONLY THE PROPOSED MUNICIPAL CODE AMENDr-mNT RE MOPEDS, SECONDED BY Cf4 EBERT. Gerald Priebat, Livermore, urged the Council to vote against the proposed ordinance amendment, stating that the California Vehicle Code allows motorized bicycles to be driven on bicycle paths and trails when they are on or next to a roadway. He supported the present Livermore ordinance which prohibits mopeds on true bike trails such as along the arroyo and the sunken garden. He noted that if moped riders were forced to drive on East Ave. during the cr'1.-36-:264 August 29, 1979 (Prop. Ord. re Mopeds) busy commute hours it would result in extremely dangerous situations since the top speed of some mopeds is only 25 m.p.h. ~lr Reiners commented that the bicycle clubs in the Valley were con- tacted on this issue. lIe added that the staff has responded to both Council inquiries and Police Department recommendation by putting this proposed ordinance on the agenda. Cm Ebert felt that ~1r priebat had made some valid points and felt that the Livermore Municipal Code should conform to the California Vehicle Code. He did not support the proposed Hunicipal Code amend- ment as it was written. Cm Staley opposed the use of mopeds in the bike paths stating that he felt they created problems. A brief discussion followed concerning the comparable speeds of trail bikes, bicycles and mopeds. Cm Turner felt that the moped actually should be classed as a motor- cycle and was not convinced that bicycles and mopeds were con1patible. Cm Staley pointed out that in Europe both bicycles and mopeds use bike lanes with no problems. THE ì'10TIŒJ 'HAS VOTED on NTD FAILED TO PÞ.SS 1-4, cr'1 TUR:JER IN TIrE 21HTORITY. RESO. RC LLL SE~mn LINE ON MOTION OF H1WOR KAHEIJA, SEconDED BY C~l EBERT AND BY UNANIHOUS VOTE, TIlE RULES ¡,]ERE SUSPENDED þJJD A RESOLUTION ADOPTED REGARDING A LICErTCE GHANTED BY WESTERN PACIFIC co. HELATIUG TO THE LLL smvEH LINE SOON TO DE ETST1\LLBD. HESOLPTION NO. 259-79 ",--"-------_.. A RESOLUTION AUTHORIZING EXECUTION OF LICENSE (Western Pacific Railroad Company: LLL Sewer Line) I1ATTERS INITIATED BY STl\.FF AND COUNCILHEr1.BERS (Executive Session) Jlr Reiners requested a very brief executive session for litigation. (Re VA Pipeline) Cm Staley requested an agenda item regarding the Veteran's IIospital pipeline \vhen the engineering facts and figures are complete. PROPOS:SD ORDH·IANCE RE IIA~mBILIJS ,_oE:.':I'_C;__________ ON r'o1OTION OF Cì"[ srl']\.LEY, SECŒ1DED BY CN TUR1'ŒR AND BY UTJATHHOUS VOTI.;, 1'HE PROPOSED mr:nCI:r?AL CODE A:1mJDI1E~TT TO CHAPTER 3, 3.1 AND 3.2 RE- GARDInG IIAlJDTnLLS, ETC., HAS HJTRODUCr,D AND READ BY TITLE ONLY. C~1-3 6-2 G 5 August 29, 1979 ADJOUR1',JHENT There being no further business before the Council the meeting was adjourned at 11:lS p.m. The next regular meeting of the Livermore City Council will be on September 10, 1979. APPROVE ATTEST Li Regular Meeting of September lO, 1979 A regular meeting of the Livermore City Council was held on Monday, September IO, -1979, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Kamena at 8:10 p.m. ROLL CALL Present: em Ebert, Staley, Turner and Mayor Kamena Absent: Crn Dahlbacka (excused) PLEDGE OF ALLEGIANCE Mayor Kamena led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. OPEN FORUM (Interim Facility Fees) Paul Kasameyer, 692 Jefferson Ave., spoke regarding overcrowding in the Livermore schools and the new facility fees as proposed by the School District. He questioned the Councilmembers as to when they plan to place this item on an agenda for discussion and action. In response to Mr. Kasameyer's concerns, Mayor Kamena suggested that he attend the meeting scheduled for September 27 with the school representatives and the Council representatives to discuss a new in- terim facility fee. CH-36-266 September 10, 1979 (Rodent Problem) Ruth Nuckolls, 3512 Murphy Ct., read a letter of concern from resi- dents in the area of the new Dunn Chevrolet building regarding the problem they are having with mice. She asked if the City Council would take some kind of action as they have exhausted all efforts in alleviating the problem. The Health Department has informed them that the mice are not a health problem and therefore, refused any assistance. Mayor Kamena instructed the staff to investigate this matter and report back to the Council as soon as possible as to any ways of helping the citizens in Livermore cope with the over-run of mice this year. (Re Southern Pacific Superblock Center) Jerry Cox, Southern Pacific Development Co., presented their new design of the mall area and elevation design facing Railroad Avenue as had been requested by Council. The Mayor expressed the Council's appreciation for the presentation by Southern Pacific and asked that Mr Cox make an appointment with the Planning Commission to allow them to review the change. David Eller, Livermore, expressed concern for the existing trees on the S.P. property and asked that the older trees be incorporated into the design plans if possible. (Use of Sewer Service Funds) John Stein, 1334 Kathy Ct., discussed the city's sewer service fee and indicated that he did not feel that it should be used to pay for the water reclamation plant expansion, and that the monies in the sewer connection fund should be used to pay for plant expansion as long as there are adequate monies in this fund. Dan Lee, Public Works Director, responded to Mr Stein's concerns regarding the usage of the sewer service fee and explained that the City will be using monies from the sewer connection fund to pay for future plant projects. (Parking Lot at First & "P" Sts.) Kay Parra, Livermore, expressed concern regarding the cars parked with "for sale" signs on them in the parking lot at First and "P" Streets. The Mayor requested that the staff look into this matter and report back to Council as to when that area of the parking lot would be improved. (Parking Lot Entrance Curb Cuts) Dom Saccullo, 577 Ontario Drive, discussed the cut of the curb on entrances to parking lots such as the Safeway Center and stated that the cut is too sharp and suggested that a different cut could reduce the difficulty in entering a driveway. He presented the Public Works Director with a diagram showing his suggestion. ACAMR REQUEST RE BUILD- ING MODIFICATIONS A request was received from ACAMR to spend monies over that estimated for additional modifications to their building on Research Drive (HCD grant) . ON MOTION OF CM EBERT, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE REQUEST WAS APPROVED. CM-36-267 September 10, 1979 PROPOSED G.P. AMENDMENT TO LOW/MODERATE HOUSING REQUIREMENT Mayor Kamena outlined the seven recommendations in Planning Commission Resolution No. 43-79 and requested that an 8th one be added as follows: 8. Modify the RDP to incorporate priority processing. A general discussion followed among the Councilmembers regarding the need for a study session as well as a public hearing. CM STALEY MOVED TO SCHEDULE A STUDY SESSION AND A PUBLIC HEARING FOR THE MEETING OF OCTOBER I, 1979 FOR THE PURPOSE OF STUDY AND ACTION ON THE PROPOSED AMENDMENT TO THE GENERAL PLAN REGARDING LOW AND MOD- ERATE INCOME HOUSING. MOTION SECONDED BY CM TURNER. Darrell Graves, executive Vice President of Lexington Homes, responded to the Mayor regarding the October 1 scheduled hearing. He stated that it does not present a time problem at the present time for their project which is being considered under the Federal Section 8 funding if the Council could give them some assurance that the sewer capacity that they require will be available. Mayor Kamena stated that he felt the capacity would be available and added that Intel Corporation has expressed concern for housing needs that their plant expansion will create. Intel has indicated that they would be willing to loan for the time being some of the sewer capacity which was obligated to their plant expansion in order for housing to be built. In conclusion the Council gave Mr Graves their firm intention to allocate to Lexington Homes the sewer capacity re- quired for this development. Cm Ebert commented that he would like to see a breakdown on these units of the public monies which will be expended per unit. Mr Graves agreed to provide Cm Ebert and the Council with these figures. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. RECESS Mayor Kamena called for a brief recess after which the meeting re- sumed with those Councilmembers present as at Roll Call. RULES SUSPENSION ON MOTION OF CM EBERT, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE RULES WERE SUSPENDED AND ALL ITEMS LISTED AS NEW BUSINESS (ITEMS 5.1, 5.2, 5.3, 5.4, 5.5 AND 5.6) WERE APPROVED as follows: LOT LINE ADJUSTMENT 4043-47 FIRST ST. The Council approved a lot line adjustment which was required to add a 10,800 sq. ft. parcel of land to Parcel A of Parcel Map 1879. (For vote, see previous item) RESOLUTION NO. 283-79 A RESOLUTION AUTHORIZING LOT LINE ADJUSTMENT (Parcel A & C of Parcel Map 1879) RE TENT. PARCEL MAP NO. 3052 ON MOTION OF CM EBERT, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, the Council adopted a resolution conditionally approving Parcel Map No. 3052, south of Preston Road, East of Vasco Road, in accordance with Planning Commission Resolution No. 65-79. CM-36-268 September 10, 1979 (Re Tent. P.M. 3052) The Negative Declaration was also ordered filed with the Alameda County Clerk. RESOLUTION NO. 260-79 A RESOLUTION APPROVING TENTATIVE PARCEL MAP 3052 (Dale Lowery) P.H. RE ZONING ORDINANCE AMENDMENT ON MOTION OF CM EBERT, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, the Council set October l5 for a public hearing regarding a proposed Zoning Ordinance amendment for property located south of Kittyhawk Road to PD-19.17 (pre-zoning) and rezoning from RL-6 to OS-UR Dis- trict property located at 3979 East Avenue. P.H. RE ZONING ORDINANCE AMENDMENT ON MOTION OF CM EBERT, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, the Council set October l5 for a public hearing regarding a proposed Zoning Ordinance amendment to rezone from OS-A to OS-UR or RS-3, prop- erty located north of Hartford Ave., east of Lorraine Street, lOa acres owned by Palomar Financial. PLANNING COMMISSION MINUTES The Planning Commission minutes of the meetings of July 24, August l4 and August 21, 1979, were submitted for informational purposes. PLANNING COMMISSION SUMMARY OF ACTION A summary of action of the Planning Commission meeting of September 4, 1979, was noted. CONSENT CALENDAR Final Approval - Parcel Map 2663 The Council adopted a resolution approving Parcel Map 2663 for final recording. RESOLUTION NO. 261-79 A RESOLUTION APPROVING PARCEL MAP 2663 (Thomas & Thomas) Reso. Awarding Bid A bid award was made to W. M. Lyles Company of Fresno for the LLL Sanitary Sewer Extension Project. Cm Turner expressed concern because the Lyle's bid at $187,250.50 was $95,000 below the Engineer's Estimate of $282,000. A brief discussion followed regarding the engineering costs. Mr Lee stated that he was satisfied with the contract. RESOLUTION NO. 262-79 A RESOLUTION AWARDING BID (W. M. Lyles Company of Fresno) CM-36-269 September lO, 1979 Reso. re FAA Lease The Council adopted a resolution authorizing the Public Works Direc- tor to sign the MALS lease agreement with FAA. RESOLUTION NO. 263-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Federal Aviation Administration) Reso. re HCD Funds The Council adopted a resolution authorizing the execution of the 1980-81 Housing & Community Development Cooperation Agreement between the City of Livermore and Alameda County. RESOLUTION NO. 264-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Alameda County) Reso. re Legal Secretary The Council adopted a resolution amending the budget and Legal Secre- tary job description so that the Personnel Department can proceed with recruitment of a permanent replacement. RESOLUTION NO. 265-79 A RESOLUTION AMENDING JOB DESCRIPTION FOR LEGAL SECRETARY AND AUTHORIZING BUDGET AMENDMENT TO PROVIDE FOR FULL-TIME LEGAL SECRETARY POSITION. Resos. re CETA The Council adopted two resolutions regarding amendments to sub- contracts for CETA, Title VI Sustainment and Special Projects. RESOLUTION NO. 266-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (County of Alameda-Title VI Sustainment) RESOLUTION NO. 267-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (County of Alameda-Special Projects) Leave of Absence - James Byron The Council approved a six month leave of absence without pay for James Byron effective September 8, 1979. Re WRP Apprentice- ship Program The Council approved the establishment of the Apprenticeship Program for the Water Reclamation Plant. CM-36-270 September 10, 1979 Resolutions re Committee Appointments The Council adopted the following Resolutions of appointment: RESOLUTION NO. 268-79 A RESOLUTION FOR APPOINTMENT TO THE HERITAGE PRESERVATION COMMISSION (Arlene E. Morgan and Herbert w. Street) RESOLUTION NO. 269-79 A RESOLUTION FOR APPOINTMENT TO THE SOCIAL CONCERNS COMMITTEE (Shirley L. Hafke) RESOLUTION NO. 270-79 A RESOLUTION FOR APPOINTMENT TO THE SOCIAL CONCERNS COMMITTEE (Margaret D. Lopez) RESOLUTION NO. 271-79 A RESOLUTION FOR APPOINTMENT TO THE BAY AREA LIBRARY AND INFORMATION SYSTEM ADVISORY BOARD (Jane Oliver) Reso. Denying Applications for Resid. Devel. Policy The Council adopted a resolution denying applications for RDP's as recommended by the Planning Commission and acted upon by City Council at their meeting of August 27, 1979. RESOLUTION NO. 272-79 A RESOLUTION DENYING 1979 RESIDENTIAL DEVELOPMENT POLICY ALLOCATIONS Resos. Granting RDP Applications The Council approved nine resolutions granting RDP's as decided at the meeting of August 27, 1979. RESOLUTION NO. 273-79 A RESOLUTION APPROVING A RESIDENTIAL DEVELOPMENT POLICY ALLOCATION, PLANNED UNIT DEVELOPMENT PERMIT, CONDITIONAL USE PERMIT AND TENTATIVE TRACT MAP 4182. (Kaufman and Broad) RESOLUTION NO. 274-79 A RESOLUTION APPROVING A RESIDENTIAL DEVELOPMENT POLICY ALLOCATION AND EXTENDING TIME FOR COMPLETION OF DEVELOPMENT UNDER PLANNED UNIT DEVELOPMENT PERMIT 25 AND TENTATIVE TRACT MAP 4138 (G.R.M. Inc. Dan Spruiell) RESOLUTION NO. 275-79 A RESOLUTION GRANTING RESIDENTIAL DEVELOPMENT POLICY ALLOCATION AND EXTENDING TIME FOR COMPLETION OF DEVELOPMENT UNDER PLANNED UNIT DEVELOPMENT PERMIT, CONDITIONAL USE PERMIT AND TENTATIVE TRACT MAP 4108 (Bedford Plaza and Citation Homes) CM-36-271 September 10, 1979 (Re RDP Approvals) RESOLUTION NO. 276-79 A RESOLUTION GRANTING RESIDENTIAL DEVELOPMENT POLICY ALLOCATION AND EXTENDING TIME FOR COMPLETION OF DEVELOPMENT UNDER PLANNED UNIT DEVELOPMENT PERMIT, CONDITIONAL USE PERMIT AND TENTATIVE TRACT MAP 4230 (Jack Tinney/Pat Vane) RESOLUTION NO. 277-79 A RESOLUTION APPROVING A RESIDENTIAL DEVELOPMENT POLICY ALLOCATION (Richard L. Watson) RESOLUTION NO. 278-79 A RESOLUTION APPROVING A RESIDENTIAL DEVELOPMENT POLICY ALLOCATION (Kaufman & Broad) RESOLUTION NO. 279-79 A RESOLUTION APPROVING A RESIDENTIAL DEVELOPMENT POLICY ALLOCATION (Gerarda and Bosco Stocking) RESOLUTION NO. 280-79 A RESOLUTION APPROVING A RESIDENTIAL DEVELOPMENT POLICY ALLOCATION, AND PLANNED UNIT DEVELOPMENT PERMIT. (Chester Andersen) RESOLUTION NO. 281-79 A RESOLUTION APPROVING A RESIDENTIAL DEVELOPMENT POLICY ALLOCATION (Capler Properties) Reso. re Easement The Council approved a resolution authorizing execution of easement from Union Oil Company to City for storm drain line - First St. re- location project. RESOLUTION NO. 282-79 A RESOLUTION AUTHORIZING EXECUTION OF EASEMENT AND INDEMNIFICATION (Union Oil Company of California) Payroll and Claims There were l14 claims in the amount of $879,165.02, dated 9/05/79, and approved by the City Manager. CONSENT CALENDAR APPROVAL ON MOTION OF CM EBERT, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS ADOPTED. VARIANCE DENIAL APPEAL, MCCLURE/LUCKY STORES At its meeting of August 21, 1979, the Planning Commission considered and denied, per P.C. Reso. No. 66-79, appeal by Wade McClure (for Lucky Stores) to allow a wall sign in excess of that allowed by Zoning Ordinance. CM-36-272 September 10, 1979 (Re Lucky Appeal) Mayor Kamena pointed out that the Sign Ordinance does not cover the type of situation where an establishment such as Lucky's faces inward instead of outward toward the street. The Planning Commission and staff recommended that the appeal be denied, but also recommended that the Sign Ordinance be reviewed for possible amendment. Mr Nies commented that Lucky Stores would like this sign in addition to the one planned for the Railroad Ave. side of the building which will be approximately lOO square feet. Mr Reiners noted that the variance mechanism is an extraordinary release mechanism and should be used very sparingly when truly special circumstances exist. If those circumstances do not exist, the only alternative is to amend the ordinance. CM TURNER MOVED TO SUPPORT THE PLANNING COMMISSION'S RECOMMENDATION TO DENY THE APPEAL IN ACCORDANCE WITH P.C. RESO. NO. 66-79, SECONDED BY CM STALEY. Mayor Kamena stated he would support the motion but felt it would be appropriate to make the necessary amendment to the Zoning Ordinance to accommodate the kind of sign that is being requested. Mike Burger, l023 Sherry Way, Planning Commissioner, said that the Planning Commission did agree that this particular situation was unique and warranted a modification of the zoning ordinance. This suggestion was made to the applicant, he added. Cm Staley indicated that he could support an exchange of the sign on Railroad Ave. for the sign in the parking lot, the 32-foot sign on Railroad and the large main sign in the parking lot. A general discussion followed regarding the sign ordinance, its intent and the particular circumstances needed to make the findings to allow the variance. MAYOR KAMENA MADE AN AMENDING MOTION TO REFER THIS MATTER BACK TO THE PLANNING COMMISSION SO THEY CAN INITIATE AND MAKE A RECOMMENDATION TO COUNCIL WITH REGARD TO AMENDMENT OF THE ORDINANCE, SECONDED BY CM TURNER. It was decided that the recommendation and/or report would be back to the Council by October 15th. Cm Staley stated that he would like to see the Planning Commission's consideration of the ordinance limited to exchanging signing rights between a street frontage and a parking lot frontage. THE AMENDMENT WAS VOTED ON AND PASSED 3-l, CM STALEY DISSENTING. THE MAIN MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. MATTERS INITIATED BY STAFF & COUNCILMEMBERS (Executive Session) Mr Reiners requested an executive session for purposes of litigation. (Re Duffey Letter) Cm Ebert pointed out that a statement made in a communication which Mrs. Duffey forwarded to the Council was misleading in that the School District has consistently refused to share in the costs of the Cross- ing Guard Program. CM-36-273 September 10, 1979 (Parking Lot Estimate) em Ebert stated that the cost estimate for the parking lot south of Depot Plaza is $135,000, the costs to be borne by owners of shops contiguous to the lot. He noted that one of the Planning Commissioners had indicated that if done differently it would cost only $36,000 and he asked that the matter be referred to the Planning Commission and staff for a report. (Parking - Dom's) Cm Ebert said the the owner of Dom's Surplus had expressed concern regarding the proposed lane changes which would eliminate parking in front of his store. (Professional Engineer's Registration) Cm Ebert expressed concern about a proposal, some months ago, to re- duce professional engineer's registration to include only civil, electrical and mechanical engineers. (Safeway Driveway) Cm Ebert stated several people had complained of the narrowness of the turning area of the driveways into the Safeway shopping center. (V.A. Pipeline) Cm Ebert requested that the item regarding the pipe line to the Vet- erans Administration Hospital be placed on the agenda for reconsid- eration. (Granada Bike Path) Cm Turner indicated that it was his understanding that the bike path which serves Granada High School is now complete. (Re ACAP Funding) Cm Staley indicated that he had received a letter of complaint re- garding the ACAP funding. Mr Horner was requested to look into the matter. (Communication re Crossing Guards) Mayor Kamena requested that the letter from Mrs Duffey regarding the School Crossing Guard Program be referred to the City Manager for response. (Comm. re KKK) Mayor Kamena said that he had received a copy of the City of Hayward's Human Relations Commission proposal of a resolution regarding the Ku Klux Klan. It was discussed briefly and consensus was to thank Mayor Weinreb and the City of Hayward for the communication. (Complaint re Tree Stumps) Mayor Kamena noted that he had received a letter from a resident of Livermore complaining that when city crews removed three trees from in front of his house, they had not returned to remove the stumps that were left. He suggested that Mr Horner look into the matter. CM-36-274 September 10, 1979 (Re In-lieu Fees) Mayor Kamena mentioned that concern had been expressed by Ann Wieskamp regarding in-lieu fees. It was noted that this particular issue will be on an upcoming agenda, probably in October. (Letter of Thanks) Mayor Kamena requested that a letter be sent to the President of the student body of Livermore High School thanking them for their partici- pation in paying for half of the cost of the benches recently in- stalled on School Street. (Comm. to School Board) Mayor Kamena requested that a letter be sent to the School Board complimenting them on the rapid and efficient manner in which they concluded their negotiations prior to the first day of school. A similar letter will be sent to the teachers organization. ORDINANCE RE HANDBILLS CM TURNER MOVED SECOND READING AND ADOPTION OF THE MUNICIPAL CODE AMENDMENT REGULATING HANDBILL DISTRIBUTION, SECONDED BY CM STALEY. Mr Reiners distributed to Council some wording changes in the proposed ordinance and explained how they would effect the ordinance. He felt that it might be sensible to incorporate into the resident section language that would include newspapers. Cm Ebert felt it would give property owners some protection to in- clude newspapers in direct prohibition rights of the owner. Mr Reiners commented that the issue requires balancing the property owners Constitutionally guaranteed property rights against the First Amendment expression rights of the publisher, whether pure news or commercial. Neither of these rights are paramount over the other, so what is needed is achievement of a balance point, logically based on consent, he explained. It was noted that numerous citizen complaints have been received by the City, recently and in the past, concerning material placed on private property, lawns, doosteps. A recent one which produced many complaints was a flyer advertising liquor. The inclusion of vacant and public property in the proposed ordinance was discussed. Also discussed was the placing of advertising materi- als on or in motor vehicles with the resultant problems of litter control, traffic safety, and hazards to motorists. CM TURNER MADE AN AMENDING MOTION TO INCLUDE NEWSPAPERS IN THE MATERIALS PROHIBITED AND TO INCORPORATE THE WORDING CHANGES PROPOSED BY THE CITY ATTORNEY, SECONDED BY CM EBERT. The possibility of a conflict with the sign ordinance was also dis- cussed and the necessity of consistency in the language of the pro- posed ordinance. em Ebert commented that he felt the unwanted distribution of liter- ature on private property could be considered trespassing. Mr Reiners agreed that throwing a newspaper onto a yard without the owner's con- sent has always been a technical trespass, but one without a remedy. Mr Burger encouraged Council to include all types of literature in the ordinance, including newspapers because of the frequency with which they are delivered. CM-36-275 September 10, 1979 (Re Ord. re Handbills) Mr Reiners, in reply to a question, explained that religious groups which distribute material door-to-door directly to the house occu- pant would probably fall under the solicitation ordinance which re- quires a permit. Kay Parra, Livermore, was not in favor of the proposed ordinance. Don Jones, ll55 Canton Ave., felt that the proposed ordinance was an infringement of the rights of free speech, did not originate with the people within the city and was not in favor of it. David Eller, 3797 Oregon Way, did not think that the proposed ordi- nance was necessary in Livermore and did not support it. Tim Baird, 1087 Murrieta Blvd., reminded Council that often, lack of funds, manpower and calendar days make it impossible to go door-to- door to get a particular message out at which time parking lot and shopping center distribution is the only solution. THE AMENDING MOTION WAS VOTED ON AND PASSED 3-l, MAYOR KAMENA IN THE MINORITY. Due to the changes made in the text of the ordinance it is required that the introduction and first reading take place again. Therefore, the main motion was nullified. The City Attorney read the amended ordinance in its entirety ON MOTION OF CM TURNER, SECOND BY CM EBERT AND A VOTE OF 3-l, MAYOR KAMENA DISSENTING. Second reading will be on the October IS agenda. INTRO. OF ORD. RE CC DISTRICT CM TURNER MOVED TO INTRODUCE AND READ BY TITLE ONLY THE ZONING ORDINANCE AMENDMENT TO ESTABLISH A CC (COMMUNITY COMMERCIAL) DISTRICT. MOTION SECONDED BY CM EBERT. One minor correction was made in the text, the deletion of the word "including" after "Public Services" in Section IOA.21, line 2. THE CORRECTION WAS INCORPORATED IN THE MOTION BY CM TURNER. THE MOTION PASSED UNANIMOUSLY. Since more public testimony was forthcoming, MAYOR KAMENA MOVED FOR RECONSIDERATION OF THE ITEM, SECONDED BY CM TURNER AND UNANIMOUSLY PASSED. Bob Ruggles requested the addition, under Uses Permitted with Con- ditional Use Permit, approval of supermarkets after 50 percent of the site is developed. CM TURNER MOVED TO INTRODUCE AND READ BY TITLE ONLY THE ORDINANCE REGARDING ESTABLISHMENT OF CC DISTRICT AS SUBMITTED, SECONDED BY CM STALEY. CM EBERT MADE AN AMENDING MOTION TO ALLOW SUPERMARKETS AFTER 50 PERCENT OF THE SITE IS DEVELOPED. MOTION DIED FOR LACK OF SECOND. THE MAIN MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. CM-36-276 September lO, 1979 ADJOURNMENT There being no further business before the Council the meeting was adjourned at 11:30 p.m. to an executive session. The next regular City Council meeting will be on September l7, 1979. APPROVE 4JJtf#~ij) I Mayor . ATTEST cJ~d-, . Clerk Live€ . e, California Regular Meeting of September 17, 1979 A regular meeting of the Livermore City Council was held on ~10nday, September 17, 1979, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Kamena. ROLL CALL Present: Cm Ebert, Staley and Turner Absent: Cm Dahlbacka (seated after Pledge) Mayor Kamena (seated immediately after Roll Call) PLEDGE OF ALLEGIANCE Mayor Kamena led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. MINUTES APPROVAL OF 8/27/79 & 8/29/79 ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE MINUTES OF THE REGULAR MEETING OF AUGUST 27 AND THE REGULAR AD- JOURNED MEETING OF AUGUST 29, 1979, WERE APPROVED AS SUBHITTED. OPEN FORUM (Re Council's Purpose) Roman Morkowski, Livermore, stated that the only purpose of the City Council is to legislate how the wealth of the community is going to be divided. He felt that the Council legislated only for its peers and not for Mr Morkowski and his peers and objected to fees which took a disproportionately large percentage of his monthly income. (Anti-litter Ordinance) David Eller, Livermore, asked if there was an anti-litter ordinance being drafted separate from the handbill ordinance. Mayor Kamena stated that two separate ordinances were being considered. CM-36-277 September 17, 1979 (Re Superblock) Mr Eller questioned Council as to why there was very little discus- sion at last week's meeting when Southern Pacific Development Company presented the block diagram for the proposed shopping center. He did not feel it was in conformance with the General Plan. In his opinion, this development would be the City's last chance to revital- ize the downtown area. Mayor Kamena explained that the item was discussed briefly at last week's meeting and was found to be in conformance with the General Plan. He added that the actual architectural design review by the Design Review Committee and the Planning Commission has yet to begin. (Ie Function of City Attorney) Kay Parra, Livermore, inquired as to the function and responsibil- ities of the City Attorney. It was explained that the City Attorney functions as the legal counsel for the City, itself, and for the entire City Council. Vice-Mayor Staley suggested that Ms Parra obtain a copy of the job description for the position of City Attor- ney from the City Personnel Office. Gary Reiners, City Attorney, pointed out that the job description only enumerates some of the functions, duties and responsibilities of the office. Since the City Attorney serves as legal counsel to the City Council, its re- quirements are essentially the scope of the City Attorney's obli- gation, he added. (Re Sewer Service Fee) John Stein, l334 Kathy Ct., requested that the ethics and legality of using sewer service fees to fund the Phase IV expansion of the Water Reclamation Plant be placed on the agenda for discussion. It was suggested that Mr Stein prepare and direct to Council a commun- ication summing up the philosophical and practical issues involved. (Re Street Lights at Rancho Arroyo) Mr Stein stated that a homebuyer in Rancho Arroyo has been informed by the developer that he and his family cannot move into the home which they have purchased because the street lights have not been properly installed. Dan Lee, Director of Public Works, was instruc- ted to look into the matter. (Re Handbill Ordinance) em Turner said that he intended to request a postponement of the second reading and adoption of the handbill ordinance. Cm Ebert mentioned that the communications he had received from the general public seemed to indicate that there was a great deal of misunder- standing regarding the proposed ordinance. He supported continuance. ON MOTION OF MAYOR KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE RULES WERE SUSPENDED AND ITEM 8.l (SECOND READING AND ADOPTION - MUNICIPAL CODE M·ffiNDMENT RE HANDBILLS AND OTHER ADVER- TISING MATTER) WAS CONTINUED TO THE MEETING OF OCTOBER 29, 1979. COMMITTEE RESIGNATIONS AND APPOINTMENTS Letters of resignation were received from Paul Herman - Airport Commission, and from Susan r1. Mayall and Rae Dorough - Social Concerns Committee. Staff was instructed to send letters of ap- preciation to them for their service to the community. CM-36-278 September 17, 1979 (Committee Resignations and Appointments) or! HOTION OF CM TURNER, SECONDED BY CM EBERT AND BY UNANTMOUS VOTE, JOE SLADKY WAS APPOINTED TO THE BUSINESS AND INDUSTRIAL ADVISORY BOARD. Cm Turner nominated Ray Brice for appointment to the Beautification Committee. Cm Ebert nominated David Eller for appointment to the Beautification Committee. BY A VOTE OF 4-l, CM EBERT DISSENTING, RAY BRICE WAS APPOINTED TO THE BEAlTIFICATION COMMITTEE. A roll call vote was requested for the David Eller nomination with the following result: Cm Dahlbacka - aye, Cm Ebert - aye, Cm Staley- abstain, Cm Turner - no, Mayor Kamena - no. (2-2-l) Mayor Kamena noted that there is a Planning Commission term which expires the end of this month, and asked the Clerk whether the Commissioner involved has indicated a willingness to serve if reappointed. The Clerk was unaware of any communication from the Planning Commissioner involved. Discussion followed concerning whether interviews were required for Planning Commission reapppointments when a written application is on file. It was the consensus of the Council that interviews for a reappointment are not required as long as a written application is on file and the commissioner has expressed his willingness to serve. CITY MANAGER'S REPORT Lee Horner, City Manager, reported back to Council on the problem concerning the invasion of mice into certain Livermore neighborhoods. He stated that an inspection of the area near Dunn Chevrolet re- vealed a large number of small dead mice in an adjacent field. A certain amount of debris and trash had accumulated in the area and many of the homes are surrounded by thick brush and ground cover. He noted that invasion by mice is a statewide problem this year, aggravated by the lack of rain. The County Health Department has indicated that there is no known pesticide that can be used as an effective spray against mice and that examinations by them have revealed that the meadow mice do not carry any disease. He felt the problem would start to resolve itself once the rainy season begins but in the meantime removal of debris from affected proper- ties might help as a mitigating measure. Problems with squirrels were discussed briefly as was the Mosquito Abatement District function and funding. CONT. DISC. - COUNCIL PROCEDURE AND RULES Discussion contined on Council procedure and rules, and Council procedure on limiting debate. Cm Turner said that he had researched the Council Rules book and agreed with the City Attorney that a "motion to limit debate" is not covered in the text of the book. Cm Turner expressed concern that he had not been allowed to debate an issue during a recent discussion regarding the Planning Commission. He pointed out that under Council policy and rules, every Councilmember has the right, within reason, to present their thoughts and to represent their constituency. If the majority of the Council is allowed to effec- tively disallow any debate by a Councilmember it should be so stated in the Council Rule book, he added. Cm Turner felt that limiting debate is proper if approved by 4/5 of the Council but also felt that each Councilmember has the right to present his position. CM-36-279 September l7, 1979 (Re Council Rules and Procedure) The City Attorney stated there was a point of potential misunder- standing in that when Roberts Rules of Order uses the term "limit debate", it means "end debate". So the motion to limit debate is made before a vote is taken and if that motion is made after the item is called and voted on by, in this case, a 4/5 majority, that would end any discussion whatsoever forcing an action motion and vote. Cm Turner stated that he no longer agreed with the City Attorney's position. Cm Ebert favored adopting Roberts Rules of Order instead of rewrit- ing the Council Rule book. Mayor Kamena asked if debate could, by motion, be limited to a cer- tain amount of time. The City Attorney said that it could but noted that that type of situation is not covered by Roberts Rules of Order. em Dahlbacka felt that a motion to limit debate is one that works in many situations where everybody's time is being abused by one person. CM DAHLBACKA MOVED TO INSTRUCT THE CITY ATTORNEY TO DRAFT FOR COUNCIL APPROVAL THE FOLLOWING MODIFICATIONS TO THE COUNCIL RULES BOOK: A MOTION TO CALL THE PREVIOUS QUESTION BY 4/5 VOTE, AND A PROCEDURE FOR LIMITING DEBATE TO TWO MINUTES PER COUNCIL- MEMBER BY 4/5 VOTE. MOTION SECONDED BY CM TURNER. Cm Staley favored adopting Roberts Rules of Order, saying that Roberts adequately covers all situations and protects the right to debate an issue. CM STALEY MADE AN AMENDING MOTION TO SUBSTITUTE ROBERTS RULES OF ORDER FOR THE COUNCIL RULE BOOK, SECONDED BY CM EBERT. It was noted that the motion applied only to those items covered in the Council Rule book that are also covered in Roberts Rules of Order. The motion does not apply to items in the Council Rules book such as Agenda Preparation. Mr Morkowski suggested that Council seriously consider not making any of the proposed changes. Mr Eller brought up the question of whether the motion to limit debate applied to the public as well as the Councilmembers. Mr Reiners commented that public input is required at public hearing only, but that the Council extends the courtesy of debate to the public on all other agenda items as a Council policy. CM EBERT MOVED THE PREVIOUS Q ŒSTION, SECONDED BY CM STALEY. Discussion followed on the legality of the motion and on the major- ity required. CM TURNER MOVED TO TABLE THE MATTER. MOTION DIED FOR LACK OF A SECOND. THE MOTION TO MOVE THE PREVIOUS QUESTION WAS VOTED ON AND PASSED 4-l, CM DAHLBACKA DISSENTING. THE AMENDING MOTION WAS VOTED ON AND PASSED 3-2, CM DAHLBACKA AND TURNER IN THE MINORITY. The status of the main motion was discussed with the result that: CM-36-280 September 17, 1979 (Re Council Rules and Procedure) CM STALEY MADE A SUBSTITUE MOTION TO ADOPT ROBERTS RULES OF ORDER IN ALL MATTERS THAT ARE NOT SUPERCEDED BY THE COUNCIL RULES BOOK, SECONDED BY MAYOR KAMENA. MOTION PASSED 3-2, CM DAHLBACKA AND TURNER DISSENTING. Discussion began regarding firearms in the Council Chambers. Cm Dahlbacka asked if it would be legal for him to bring a loaded fire- arm into the Council Chambers. Mr Reiners said that, in the absence of any Council policy, it would be legal as long as the firearm was not concealed. CH DAHLBACKA MOVED TO INCORPORATE THE WORDS "NO FIREARHS OF ANY SORT MAY BE INTRODUCED BY ANY PERSON TO THE COUNCIL CHAMBERS DURING PUB- LIC MEETING EXCEPT BY SWORN POLICE OFFICERS AUTHORIZED TO CARRY FIRE- ARMS BY THE RULES OF THEIR AGENCY" INTO THE COUNCIL RULE BOOK, SEC- mmED BY C~1 STALEY. MOTION PASSED UNANIMOUSLY. Regarding silent votes, Mayor Kamena explained that present policy assumes an unvoiced vote to be an aye vote unless otherwise indi- cated. RECESS Mayor Kamena called for a brief recess after which the meeting re- sumed with all Councilmembers present. (Re Council Rules and Procedure) Regarding silent votes, Mr Reiners explained that according to Roberts Rules of Order, silence would be tallied as an abstention. Various voting situations under Roberts Rules of Order were dis- cussed by Mr Reiners and the Councilmembers. It was the consensus of Council that Council policy will be that all votes must be voiced, and that unless a "yes" or "no" is heard, an abstention is assumed and noted. PROPOSED ORDINANCE RE ATTIC FANS Burt Gasten of the Energy Conservation Commission stated that the Commission recommends the deletion from the present ordinance of requirement for attic fans. The draft ordinance, dated 6/27/79, recommends the deletion of the attic fan, the requirement that any existing residence have an inspection at the time of transfer or ownership and that it have a minimum of R-7 insulation. Mr Gasten did not believe it was cost-effective at this time to upgrade a house that has some reasonable amount of insulation to an R-19, when the amount of energy saved would not pay the cost of putting in the insulation if it was done commercially. He added that the Commis- sion's telephone survey of 6-8 months ago showed about 25% of homes are not insulated at all. Mr Gasten noted that the present ordinance required that when air conditioning was installed after lO/23/74, R-l9 should be placed in the house. He recommended that this requirement should be retained. The Energy Commission recommended the inclusion of "or at the time of an inspection as a result of a building modification" so there would be two times that a home would be inspected, either at transfer of title or if enough work were done on it to require a building inspection as a result of the required permit. Also there should be a phrase included "that if a prior report is on file an inspec- tion is not necessary." Mr Gasten suggested that inspection could CM-36-28l September l7, 1979 (Proposed Ordinance re Attic Fans) be handled by a part-time college student on an as-needed basis, under four hours a day at approximately $3.50/hr. The Energy Com- mission recommended that the insulation requirement be retained and that enforcement be maintained. Howard Nies, Planning Director, stated that the staff recommenda- tion was to delete attic fan inspections and to require attic insula- tion inspections at the time of building additions. He added that the City field inspectors did not come to the same finding that the Energy Commission had. They found that in l500 inspections only l% did not meet the R-7 standard. Mr Gasten felt that the 1% figure was the result of attic inspection done in anticipation of sale, to see if they're in compliance with the air conditioning regulation. CM DAHLBACKA MOVED TO ADOPT THE RECO~MENDATIONS OF THE ENERGY CON- SERVATION COMMISSION AND TO HAVE THE DRAFT ORDINANCE COME BACK IN THE FORM THAT IT BE AUTOMATICALLY REVIEWED IN 7 YEARS TO SEE IF IT IS STILL NECESSARY OR WHETHER ANY ADDITIONS NEED TO BE MADE TO IT. Mayor Kamena said his understanding of the motion was that inspection will be done at time of sale or time of remodeling and that it would require that the seller meet an R-7 requirement. MOTION SECONDED BY CM TURNER. Cm Staley did not support the motion because he did not feel the City could afford to spend the money required. He did not feel it was supported by the majority of the citizens although the purpose of the ordinance was good. He said he would support the staff recommendation if it would be clear that in the event that non- compliance is found, it be noted on the building report that is furnished routinely by the City at the time the property changes hands so that the buyer of the property is aware of it. He said he would also like to see a right of a buyer to request an inspection by the City at a reasonable fee as opposed to it being mandatory. Mr Horner stated that the staff recommendation did not include any additional personnel to accommodate the program. Discussion followed concerning the cost of the program and the fees that would be required. It was pointed out that the fee should be uniform for administrative ease. Cm Dahlbacka felt the amount of the fee should be based on whether an inspection was required. Mayor Kamena suggested permitting a licensed Real Estate broker in California to certify that the R-7 requirement is being met. Cm Dahlbacka and Turner agreed to incorporate Mayor Kamena's sug- gestion into the motion on the floor. THE MOTION WAS VOTED ON AND PASSED 3-2, CM STALEY AND EBERT IN THE MINORITY. The Mayor directed the City Attorney's office to draft the necessary elements of the ordinance. Mr Horner noted that as a practical matter, the City does not cur- rently have the staff to make the inspections required if the re- drafted ordinance is adopted. CM-36-282 September l7, 1979 DEPOT PLAZA PARKING & TRAFFIC CIRCULATION Discussion continued on parking and traffic circulation on streets adjacent to Southern Pacific Development Company's Depot Plaza pro- ject. The staff recommendation was to allow the traffic plan to proceed as originally approved by Council. The traffic plan, as approved, would prohibit on-street parking on "L" Street, Livermore Avenue, and Railroad Avenue, with medians to be built on all three streets. CM STALEY MOVED TO ADOPT THE STAFF RECOMMENDATION REGARDING RAIL- ROAD AVENUE IMPROVEMENTS AND MEDIAN, SECONDED BY CM TURNER. (Rail- road Avenue, L to Livermore - a median will be provided. There would be two lanes of traffic westbound. No on-street parking on the south side. Parking would be retained on the north side until such time as traffic movements in this two block area might dictate the necessity for some type of parking restrictions.) THE MOTION WAS VOTED ON AND PASSED UNAND10USLY. CM STALEY MOVED TO ADOPT THE STAFF RECOMMENDATION REGARDING LIVERMORE AVENUE BETWEEN FIRST STREET AND RAILROAD AVENUE lnTH THE PROVISION THAT NONE OF THE PARKING SPACES ON THE EAST SIDE OF FIRST STREET WOULD BE REMOVED PRIOR TO JANUARY 1, 1982, SECONDED BY CM DAHLBACKA. (Staff recommendation - Livermore Avenue - First to Railroad - a median and four lanes of traffic be provided with left turn refuge lanes in the medians at the intersections and major driveways. No on-street parking.) A lengthy anò detailed discussion followed between Councilmembers and the staff regarding proposed exits and entrances to the shopping center, medians on L St. and Livermore Ave., and the issue of on- street parking on L St. and on Livermore Ave. Hr Lee pointed out that the traffic plan was done by a professional traffic engineer on the City staff. Hr Horner noted that there are existing commitments to some of the shopping center tenants for ingress and egress. ON MOTION OF Ct1 TURNER, SECONDED BY CH DAHLBACKA, AND BY A VOTE OF 4-1, CM EBERT DISSENTING, THE MEETING WAS EXTENDED TO 12:00 A.M. CM EBERT MOVED TO SUSPEND THE RULES TO CONSIDER THE CONSENT CALENDAR, SECONDED BY CM DAHLBACKA. THE HOTION FAILED WITH A VOTE OF 3-2, CM STALEY AND EBERT DISSENTING. David Madis, 1011 Geneva, suggested a narrow, unbroken median on Livermore Avenue between First St. and Railroad Ave. Dom Sacculo agreed and added that U-turns should be allowed at the intersection of No. Livermore and Railroad Ave. Mr Lee explained that the CUP and the E.I.R. were approved with the openings in the median allowing left-hand turns into the shopping center. He felt that the type of median suggested might open up the entire issue again. In reply to Mayor Kamena's inquiry regarding the necessity for a new E.I.R., Mr Reiners said that if the openings were set forth as part of the CUP that was granted, the City does not have the power to re- voke that privilege granted except for cause. If it was determined that the openings had been granted in error or were going to present a safety hazard, it could be amended unilaterally, he added. Jerry Cox, Southern Pacific Development Co., said that his signed lease with Lucky Stores included a schematic diagram showing the already approved entrances as part of the contractual agreement. CM-36-283 September 17, 1979 (Re Depot Plaza Traffic) Sally Bystroff, Livermore, was in favor of allowing left turns from Livermore Ave. into the shopping center parking lot. Mr Madis was concerned that the addition of left turn lanes on Liv- ermore Avenue would result in traffic backing up with the possibility of accidents. Tom Martin, 614 Ruby Rd., thought the only entrance into the shopping center should be on Railroad Avenue with exits allowed on L St. and Livermore Avenue, in the direction that traffic flows. Mr Horner suggested that, as an alternative, the outside traffic consultant who has been hired to do the E.I.R. report on the inter- nal and external circulation of the Superblock, could be asked to expand the scope of his work to include both sides of L Street and possibly Livermore and Railroad Avenues. CM EBERT MADE A SUBSTITUTE MOTION TO RECONSIDER COUNCIL APPROVAL OF THE RAILROAD AVENUE CIRCULATION PLAN PROPOSAL, SECONDED BY CM TURNER. THE MOTION PASSED 3-2, CM STALEY AND MAYOR KAMENA DISSENTING. Cm Turner suggested sending this item and tonight's comments back to staff for a possible alternate design. CM EBERT MOVED TO SET A MEETING FOR SEPTEMBER 25 AND DIRECT STAFF TO PROPOSE SOME ALTERNATIVES ALLOWING FOR TWO-WAY CONTROLLED ACCESS IN AND OUT OF THE SHOPPING CENTER ON THE RAILROAD AVENUE SIDE, SECONDED BY CM TURNER. CM STALEY MADE A SUBSTITUTE MOTION TO PLACE THIS MATTER ON THE AGENDA OF OCTOBER I, 1979, TO BE USCUSSED AT 7:00 P.M., SECONDED BY MAYOR KAMENA. THE MOTION PASSED UNANIMOUSLY. CONSENT CALENDAR Reso. Rej. Claim The Council adopted a resolution rejecting the claim of Walter Farewell. RESOLUTION NO. 284-79 A RESOLUTION REJECTING CLAIM (Walter Farewell) Reso. Denying Variance The Council adopted a resolution denying a variance regarding a sign to Lucky Stores. RESOLUTION NO. 285-79 A RESOLUTION DENYING VARIANCE TO LUCKY STORES Resos. re P.M. 2860 The Council adopted two resolutions approving Parcel Map 2860 and accepting agreement and bonds for Parcel Map 2860. RESOLUTION NO. 286-79 A RESOLUTION APPROVING PARCEL MAP 2860 RESOLUTION NO. 287-79 RESOLUTION ACCEPTING AGREEMENT AND BONDS FOR IMPROVEMENTS TO PARCEL MAP NO. 2860 CM-36-284 September 17, 1979 Resos. re Tract 4049 The Council adopted two resolutions approving final map, and accept- ing agreement and bonds for Tract 4049. RESOLUTION NO. 288-79 RESOLUTION APPROVING MAP OF THE SUBDIVISION OF TRACT 4049 RESOLUTION NO. 289-79 RESOLUTION ACCEPTING AGREEMENT AND BONDS FOR IMPROVEMENTS TO TRACT 4049 Extension of Tent. Tract Map 4049 The Council approved a request by the developer to extend Tentative Tract Map No. 4049 to September 18, 1979. The developer is Milton Murray. Reso. re Tent. P.M. No. 3065 The Council adopted a resolution approving Tentative Parcel Map No. 3065 in accordance with P.C. Resolution No. 69-79, area south of Southern/~vestern Pacific Railroad tracks, between North "L" and North "K" Sts. The Negative Declaration was also ordered filed with the Alameda County Clerk. RESOLUTION NO. 290-79 A RESOLUTION APPROVING TENTATIVE PARCEL MAP NO. 3065 Reso. re Fremont Ambulance Lease The Council adopted a resolution regarding a lease with Fremont Ambu- lance Co. for space in Fire Station No. 2 to house ambulance company personnel and equipment. RESOLUTION NO. 29l-79 A RESOLUTION AUTHORIZING EXECUTION OF LEASE (Fremont Ambulance Company) Reso. re Bid Award, Fire Hydrant Replacement Proj. The Council adopted a resolution regarding an award of contract to Christner Co., Inc. for the fire hydrant replacement project. RESOLUTION NO. 292-79 A RESOLUTION AWARDING BID AND AUTHORIZING EXECUTION OF AGREEJlmNT (Christner Company, Inc.) Reso. re Records Retention Schedule The Council adopted a resolution approving the retention schedule of the Records Management Program. RESOLUTION NO. 293-79 A RESOLUTION ADOPTING RECORDS RETENTION SCHEDULE CM-36-285 September 17, 1979 Payroll and Claims There was one claim in the amount of $2l,785.03, dated September l3, 1979 and approved by the City Manager. CONSENT CALENDAR APPROVAL ON MOTION OF CM EBERT, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED AS LISTED. APPEAL, Z.A. FINDING RE DRIVE-UP FACILITY Cm Staley requested appeal of the Zoning Administrator's finding regarding a Conditional Use Permit to allow a drive-up facility at Kentucky Fried Chicken, 50 South "L" Street. He disagreed with the finding that it wouldn't generate additional traffic. NEW BUSINESS It was the consensus of the Council to postpone all New Business items to the meeting of October 15. ADJOURNMENT The meeting adjourned at l2:00 a.m. An adjourned regular meeting will be held at 7:00 p.m., October l, 1979, with the public hearing to begin at 8:00 p.m. APPROVE ~ ~~ . . Mayor ATTEST cd~ Cl.ty C er Livermore, California Re~ular Meeting of October 1, 1979 An adjourned regular meeting of the Livermore Citý Council was held on Monday, October 1, 1979, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Kamena at 7:00 p.m. ROLL CALL Present: Cm Dahlbacka, Ebert, Staley, Turner and Mayor Kamena Absent: None PLEDGE OF ALLEGIANCE Mayor Kamena led the Councilmembers as well as those present in the Pledge of Allegiance. CH-36-286 October 1, 1979 MINUTES APPROVAL - MEETING OF 9/l0/79 ON MOTION OF CM TURNER, SECONDED BY 01 STALEY, AND BY A VOTE OF 4-0, CM DAHLBACKA ABSTAINING, THE gINUTES OF THE REGULAR HEETING OF SEPTEMBER 10, 1979, vŒRE APPROVED AS SUBMITTED. (Cm Dahlbacka was not in attendance at the September 10th meeting.) Cm Dahlbacka inquired about the item regarding the Ku Klux Klan which was discussed at that meeting. Mayor Kamena explained that a sample of the position taken by the City of Hayward was sent to each member of the Council. At the meeting the mayor asked Council if they wished to take any action or discuss the matter and the consen- sus of Council was they appreciated the resolutions of the City of Hayward and other area cities. However they chose not to issue any formal statement. Cm Dahlbacka stated that he wished to discuss it and would bring it up under Matters Initiated tonight. PROCLAHATION RE CRIME/ FIRE PREVENTION ~\TEEK The Councilmembers signed a Proclamation designating the week of October 7 through October 13 as Crime Prevention and ~ire Prevention Week. OPEN FORUM No comments were offered for the Open Forum. CONT. DISC. RE TRAFFIC CIRCULATION, DEPOT PLAZA PROJECT Discussion continued regarding the Southern Pacific Development Co.'s Depot Plaza Project relative to parking and traffic circulation on adjacent streets. Cm Staley asked about the effect that medians have on traffic safety. Renato Martinez of RGM Associates, traffic consultants, explained a median enhances the safety of the street because it provides a refuge area for vehicles making left turns. If the median is too narrow to provide a refuge area, the median itself becomes an obstacle in the roadway, he said, and is less safe than no median at all. He recommended that the minimum width for a median be 4 feet, with 6 feet being the preferred width. Cm Staley was concerned with people exiting the various driveways that are presently there, making a left turn, and crossing both lanes of traffic. Mr Martinez suggested that under prevailing conditions, if turning activity is going to be allowed, that a two-way left turn lane is preferable because vehicles can turn into a driveway from a protected area, and they can turn out of a driveway into the street and into a protected area where they can deal with one direction of traffic flow at a time. Replying to Cm Staley's question regarding the safety of allowing left turns at will from all driveways, Mr Martinez commented that allowing left turns would introduce the obvious hazards that are inherent to turning activity. David Hadis, lOll Geneva, objected to the proposed medians on Liv- ermore Avenue because it would eliminate the on-street parking on Livermore Avenue, which would have a detrimental effect on the businesses located in the area. lIe suggested that traffic for the shopping center should enter and exit from Railroad Avenue, and enter using right-hand turns from Livermore Avenue and ilL" Street. CH-36-287 October 1, 1979 (Re Depot Plaza Traffic Circulation) Tom Martin, 614 Ruby Rd., objected to all the traffic on ilL" Street being concentrated at one intersection. He suggested to Council that islands be put in sufficiently far apart so that all the traffic isn't dumping into one area at the same time. He felt it was safer if the traffic was diffused into several entrances and exits to and from the shopping center. Lee Horner, City Manager, pointed out that one of the problems with Mr Martin's suggestion was that it did prevent left turn lanes into Depot Plaza. He added that, putting a median there as recommended by Mr Martin would negate a northbound left-turn movement into the shop- ping center. Cm Ebert did not feel that the established businesses in the area should be penalized by eliminating the on-street parking, but added that he felt that on-street parking on Livermore Avenue in the area of Dom's Surplus was already hazardous. Mr Madis suggested putting in a foot-wide divider on Livermore Ave. between First Street and Railroad Avenue from the First Street inter- section at least as far as the railroad tracks which would effect- ively prevent left hand turns. Left turns could be allowed farther north with a left turn lane where space allows. lIe felt that this would allow the on-street parking to remain on the east side of the street. David Eller, Livermore, asked if construction of the site had pro- gressed to the point where revision of the major entrance to t~e . shopping center was impossible. Cm Staley said that it-had. Mayor Kamena added that it was the opinion of the Planning Department and of RGM Associates that the progress of the center and its orienta- tion inward towards the parking lot, especially as it regards the main anchor tenant, Lucky Discount Center, would not permit a major access on the north of Railroad Avenue. Regarding the on-street parking spaces on the east side of Livermore Avenue, Mr Eller suggested converting part of the first parking space into a landscaped island which would give some measure of protection to vehicles using the remaining spaces. Mr Eller's suggestion was discussed and the consensus was that it would probably be safer to paint part of the curb red rather than place an obstacle near the curb which could cause a problem for northbound traffic on Livermore Avenue. Mr Martinez noted that it was essential that there be two lanes of traffic northbound and southbound on Livermore Avenue at least dur- ing peak traffic times. l'1r Martine'3> explained that there is 56 feet between curbs on "L" Street and the original proposal was to put in a two-foot median. He suggested substituting for the median a double yellow line at the First St. and Railroad Ave. intersections and in between have a two-way left turn lane, noting that two-way left turn lanes have been used very effectively wherever access to adjacent properties is desired, particularly in commercial areas. It would provide some refuge for left turns and still allow two lanes of traffic in both directions. He noted that it would also provide left turns into the existing shopping complex where Kentucky Fried Chicken is located. Both intersections would have protected left turns and be regulated by traffic signals, an important factor since the sig- nals would provide gaps for the left turns in midblock. CM-36-288 October 1, 1979 (Re Depot Plaza Traffic Circulation) Regarding Railroad Avenue, t1r Martinez stated the plan that was orig- inally proposed could be followed with the addition of a left turn into Depot Plaza in advance of the left turn to "L" Street and still retaining a hundred feet of left turn storage lane for the traffic at ilL" Street. Also retained would be the left turn from "L" Street onto "K" Street. Cm Ebert expressed concern with vehicles exiting and making a left turn onto "L" Street from the small shopping center where the meat market is located. Mr Martinez felt that only a right turn should be allowed at that location unless provision is made for a two-way left turn lane in the center of the street. Regarding Livermore Avenue, Mr Martinez reco~~ended that no parking be allowed on the street, that two lanes of traffic be allowed in both directions, and that left turns, by way of a two-way left turn be allowed. The Railroad exit was discussed further by the Councilmembers and Mr Martinez. It was mentioned that the driveway will be 30 feet wide plus flaring and that traffic exiting at that point would not be permitted to make a left turn onto Railroad Avenue. Steve Howard, part-owner of Livermore Cyclery, expressed concern about the effect that the loss of on-street parking on Livermore Avenue would have on his business. Mayor Kamena assured Mr Howard that equity would be given to both old and new business. CM EBERT MADE A HOTION REGARDING "L" STREET TO FOLLOW TI-IE RECOHMEN- DATION OF THE TRAFFIC CmJSULTANT TO HAVE A TWO-WAY TURN LANE WITH EXITS ONTO ilL" STREET TO BE RESTRICTED TO RIGHT-TURN ONLY. REGARD- ING RAILROAD AVENUE, CM EBERT MOVED TO ACCEPT RGM ASSOCIATES' RECOM- MENDATION WITH ONE EXCEPTION, THAT TRAFFIC THAT IS FLOWING TO THE EAST ALONG RAILROAD AVENUE WOULD BE PEm1ITTED TO MAKE A U-TURN AT THE INTERSECTION OF "L" STREET. REGARDING LIVERMORE AVENUE, CM EBERT MOVED TO ACCEPT THE RGM ASSOCIATES RECO~1ENDATION EXCEPT THAT ALL EXITS FROM DRIVEWAYS BE HADE IN THE DIRECTION OF TRAFFIC ONLY, THAT NO PARKING BE ALLOWED ON THE WEST SIDE OF NORTH LIVERMORE AVENUE, AND THAT PARKING BE ALLOWED ON THE EAST SIDE OF NORTH LIVEm10RE AVENUE. HOTION SECONDED BY CM TURNER. Dick Thompson, Lucky Stores, thought that the consultant's recommen- dations had some substantial improvements but felt that a lot of people would have be educated to use the new traffic patterns. HAYOR KAI4.ENA MOVED TO TABLE THIS ITEM AND PROCEED WITH THE PUBLIC HEARING SCEDULED FOR 8:00, SECONDED BY CM DAHLBACKA. MOTION PASSED 4-l, CM EBERT DISSENTING. PUBLIC HEARING RE LOW/ MODERATE INCOME HOUSING REQUIREMENTS OF G.P. A public hearing was held to consider a proposed General Plan amend- ment to the low/moderate income housing requirements. It was explained that the General Plan presently states that 10% of each new housing development within the City of Livermore shall be low/moderate hous- ing. Tonight's discussion is intended to clarify and/or amend the General Plan regarding the low/moderate income housing requirement. Council must also consider the amendment to the General Plan regard- ing the 35,000 gallons of sewerage for low/moderate housing. CH-36-289 October l, 1979 (Re P.H. - Low/Moderate Requirement of G.P.) Ed Schilling, Assistant City Manager, explained that the Lexington proposal is a Section 8 new construction project, for which the Dept. of Housing and Urban Development has set aside 47 units for Section 8 occupancy under their rental subsidy plan. He added that neither Leahy Square nor Livermore Gardens is a Section 8 program. Mayor Kamena opened the public hearing. R. Faltings, lOl8 Via Granada, thought that some of the residents of Livermore Gardens were under the Section 8 program. He also noted that the Livermore Housing Authority had told him that 45% of Liver- more residents as of January 1979 would be elegible for rent subsi- dies. He objected to the paying of subsidies to people who were unable or unwilling to support themselves. Kay Parra, Livermore, did not feel you could group all low-income people into one category, and thought there was a great need for low-income housing in Livermore for a variety of reasons. Bill Gibson, 649 Teal Ct., was opposed to high-density development. He asked if Council had considered the impact of the Lexington pro- posal on the schools in the neighborhood. Mayor Kamena explained the mechanics of Ordinance 9al which addresses that matter. It was noted that the parcel of land under discussion (the Lexington proposal) has been zoned RG-lO since 1968 which allows a density of lO units per acre, a multiple dwelling zoning. The mechanics of the sewer allocation permits were explained. Also explained was the proposal by Intel to loan 35,000 gallons of their allocation to Lex- ington Homes until the sewer plant expansion is complete. A brief discussion followed concerning Mayor Kamena's suggestions regarding a priority list for citizens applying for Section 8 housing. Also discussed was the RDP process and priority proces- ing mechanics. Terry Walters, Livermore, opposed the Lexington proposal. Bill Basacker, 421 Hummingbird Lane, felt that Council should post- pone any decision which would affect the Lexington project until after October IS, when the public hearing will be held regarding the zoning change requested by Lexington Homes. His primary con- cern was the location of the Lexington project, he said. (Recess) Mayor Kamena called for a brief recess after which the meeting resumed with all Councilmembers present. CM TURNER MOVED THAT ITEM 1.lB REGARDING THE 35,000 GALLONS OF ADDI- TIONAL SEWAGE BE HELD OVER TO THE MEETING OF OCTOBER l5, ASSUMING THAT THE PUBLIC HEARING IS SET FOR THAT DATE, AND THAT THE PRIORITY PROCESSING BE PLACED ON THE SAME AGENDA. MOTION SECONDED BY CM EBERT. Cm Staley said he could support the continuance of the discussion regarding the 35,000 gallons because it pertained directly to Lex- ington Homes but did not think that the priority processing applied directly to the Lexington project. CM TURNER CHANGED HIS MOTION TO: CONTINUE THE PROPOSED GENERAL PLAN AMENDMENT TO PROVIDE 35,000 GALLONS OF ADDITIONAL SEWERAGE FROM THE SHORT RANGE CAPACITY FOR A LOW AND MODERATE INCOME HOUSING PROJECT WITH OVER 20% SUBSIDIZED UNITS. (SECONDED BY CM EBERT). CM-36-290 October 1, 1979 (Re P.lI. - Low/Moderate Requirement of G.P.) After a brief discussion, HAYOR KMlErJA HADE AN AMENDING HOTION TO INCLUDE PRIORITY PROCESSING AT THE SAHE TItlE. HOTION DIED FOR LACK OF SECOND. Cm Staley felt that priority processing belonged in a discussion of general policies and not in a discussion of Lexington Homes only. The sewage policy, he felt, is being specifically designed for Lex- ington Homes and it was appropriate, therefore, to continue it to the October 15th meeting. THE HOTION HAS VOTED ON AND PASSED UNANIMOUSLY. A lengthy discussion followed concerning the Lexington proposal, if and when it could be built and the processes involved. It was pointed out that the present zoning on the land would allow, if there was sewage available, the construction of apartment houses up to l05 units. Ray Lynch, 413 Hummingbird, asked for a show of hands of those opposed to the Lexington project. Hayor Kamena pointed out that the matter of the 35,000 gallons has been continued to October 15, but the issue of low/moderate income housing percentage for each development tract is still is the public hearing process stage and asked for further comments. Dorothy Peralta asked that low income housing be a priority in Livermore. Bonnie Howard, President of the League of Women Voters, stated that the League supported the goal of safe, decent, adequate housing for all and asked for the removal of barriers which inhibit construction of housing affordable by all Livermore residents, especially the elderly, young adults and single parent families. The League also supported amending the General Plan to require 10% low or moderate income housing in each new development and inclusion of an in-lieu fee provision to the City to go for a landbanking program for low- income housing. Cathie Brown, l098 Angelica Way, representing the Social Concerns Committee, said that if Livermore is going to provide residents with a choice of good housing at a cost relative to their income, it must set up some incentive systems for the developers. She felt that priority processing is an excellent incentive. Beverly Clymer, chairperson of the Livermore Housing Authority, stated that the Housing Authority is very concerned about the hous- ing needs of low-income families and senior citizens in Livermore. She stated the Housing Authority is opposed to the proposed changes in the General Plan language and encouraged the Council to find a way to grant building permits to the Lexington Homes proposal, while making sure that the project meets all of the City's basic require- ments. The Housing Authority also, she said, strongly supports Mayor Kamena's proposal for priority processing of housing proposals which have received State and Federal subsidies. Clarence Hoenig, Housing Authority, noted that the Authority sub- mitted a letter to the Council stating that they were in favor of low and moderate with no change in the General Plan language. Dawn Matheny, director of Tri-Valley Haven for Women, strongly supported low-income housing with no change in the General Plan. She saw a great need for low-income housing in the Valley. CH-36-291 October 1, 1979 (P.H. re Low/Moderate Requirement of G.P.) Paul Smith, ECHO representative, explained the low and moderate definitions as they apply to Livermore, low income being a yearly salary of $l6,000 or less and moderate ranging from $l6,000 to $24,000 yearly. He felt that every City Council in the County should be very concerned with the economic development of their cities. Dan Lopez, Housing Program Manager for ABAG, felt that it was im- possible for low and moderate income people to purchase a house be- cause of the rising costs of housing in this area. He added that in his opinion job growth would be restricted if necessary housing is not available. Steve Clanin, Livermore, said he moved to Livermore because it was a small town and had a spread-out population. He suggested that in- stead of spending more tax money on projects such as the Lexington proposal, ways be found to cut taxes such as the property tax. Low- ering the taxes, he felt, would allow more people to purchase homes in Livermore. Manuela Scott, Legal Aid Society of Alameda County, expressed her concern for the need of affordable housing for low-income people. She pointed out that the City, as a condition of receiving block grant monies, must undertake a comprehensive strategy when a critical housing need exists. She s pported priority processing, density bonuses, landbanking and wa'ver of permit fees and added there was a need for an inclusive coe cionary element such as the 10% require- ment of the General Plan. n order to enforce that requirement, she felt there had to be deed r strictions and some sort of screening of buyers and renters. The report on Livermore low and moderate income housing by the Ci tizens' Housing Coordinat' on Committee \..¡as discussed briefly. Ms Scott said that she felt requirement for low/moderat that a zoning ordinance tha to implement the requiremen . least 30% low/moderate inco e the language of the General Plan housing was ambiguous and thought specifies the standards was needed She supported a requirement of at housing. It was pointed out that the e is at least one other area in Liver- Inore, other than the Lexing on site, which is zoned for multiple dwellings. Concern was exp essed regarding the concept of estab- lished neighborhoods. The possibility of an incre se in the crime rate in low and moderate income housing developments was discussed very briefly. Mayor Kamena noted that it asked for direction from th briefly and MAYOR KAMENA MO PUBLIC HEARING TO OCTOBER 1 WAS VOTED ON AND PASSED 4-1 as past the normal time to adjourn and Council. The matter was discussed ED TO CONTINUE THE REMAINDER OF THIS TH, SECONDED BY CM EBERT. THE MOTION CM DAHLBACKA DISSENTING. ON MOTION OF CM TURNER, THE RULES WERE SUSPENDED TO MINUTES, TO BE FOLLOWED IMM ITEM REGARDING THE DEPOT P TABLE, AND TO APPROVE THE C NDED BY CM STALEY AND BY UNANIMOUS VOTE, CONTINUE THIS MEETING FOR FIFTEEN MORE DIATELY BY ADJOURNMENT, AND TO TAKE THE ZA TRAFFIC CIRCULATION PATTERN OFF THE NSENT CALENDAR. DEPOT PLAZA TRAFFIC CIRCULATION Cm Ebert said he had talked to some of the representatives from Southern Pacific Developmen Co., and Lucky Discount Stores during CM-36-292 October 1, 1979 (Re Depot Plaza Traffic Circulation) the recess and HE ASKED THAT THE MOTION BE CHANGED TO INCORPORATE ALLOVHNG BOTH RIGHT AND LEFT TURNS ONTO "L" STREET. THE MOTION ~vAS VOTED ON AND PASSED UNANHlOUSLY. Mayor Kamena restated the portion of the motion on the floor per- taining to IlL" Street: to accept the traffic consultant's recom- mendations with no changes. The part of the motion pertaining to Railroad Avenue stated that the recommendation of the traffic con- sultant was to be adopted with the exception of permitting a U-turn at the intersection of "K" Street. Regarding Livermore Avenue, the motion is to accept the RGM recommendation with the exceptions that all exits would be in the direction of traffic and there would be no parking on the west side of the street, on-street parking to remain on the east side of Livermore Avenue. CM DAHLBACKA MADE AN AMENDING MOTION REGARDING THE LIVERHORE AVENUE PORTION OF THE MOTION ON THE FLOOR, TO PUT A THŒ LIMIT OF 1982 ON THE PARKING ON THE EAST SIDE OF LIVERMORE AVENUE BETl'mEN RAILROAD AND FIRST STREETS. MOTION DIED FOR LACK OF A SECOND. Cm Dahlbacka did not feel he could support the main motion because he felt there was no provision for the renloval of traffic hazards on Livermore Avenue. lIe felt the best solution to the problem of parking restrictions for the businesses in the area was to have an off-street parking lot in the vicinity. Mr Saccullo said that the Southern Pacific representative suggested that if Hr Saccullo would eliminate the parking in front of his business, Southern Pacific would try to work out an agreement be- tween ~1r Madis and S.P. for the use of the available off-street parking on the east side of Livermore Avenue behind fir Hadis's property. He felt that if this could be done, the merchants in the area would readily agree to the proposed traffic plan. CM STALEY MADE AN AMENDING MOTION TO REQUIRE SOUTIIER0J PACIFIC TO PLACE TIlE FUNDS ALLOCATED BUT NOT SPENT ON MEDIANS IN A TRUST FOR ONE YEAR FROM DATE OF COMPLETION, THOSE FUNDS TO BE USED IF MEDIAN CHANGES ARE NECESSARY DURING THAT YEAR; IF NOT, THE FUNDS TO REVERT TO SOUTHERN PACIFIC. MOTION SECONDED BY CM TURNER. Cm Ebert and Turner agreed that the motion as stated included two lanes of traffic northbound on Livermore7\.venue between First and Railroad Avenue. It was Cm Ebert's feeling that left turns could continue to be made as they presently are into the Court House parking lot since there would not be a median placed there. He suggested that the existing median not be extended, and agreed that a double yellow line could be used, with the two-way left turn lane to be started farther north. ON MOTION OF CM EBERT, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE RULES \'mRE SUSPENDED TO ALLOW THE MEETING TO CONTINUE FOR TEN MORE MINUTES (UNTIL l2:10 A.M.). Jerry Cox, Southern Pacific Development Company, stated that, regard- less of the median plan adopted, his company would contribute no more than the amount of the savings. He added that the parking lot now used by the employees of the City of Livermore is under the jurisdiction of another entity of Soutern Pacific and he did not know if the property was presently committed for lease to other individuals and if it is, whether those individuals would be inter- ested in a reciprocal parking agreement. He said every effort would be made to create a free flow of parking, but he could not guaran- tee it. CM-36-293 October 1, 1979 (I€ Depot Plaza Traffic Circulation) Mayor Kamena explained that if a parking agreement could be made, the parking spaces on the east side of Livermore Avenue would be eliminated. Mayor Kamena said he could not support the motion on the floor be- cause of the problem that will exist on Railroad Avenue if two on- street parking places are eliminated in front of Valley Pool Service. CM TURNER MADE AN AMENDING MOTION THAT THE U-TURN PORTION OF THE MOTION BE DELETED, SECONDED BY CM STALEY. THE MOTION PASSED 4-l, CM EBERT DISSENTING. THE FIRST AMENDING MOTION (REGARDING S.P. MEDIAN FUNDS) WAS VOTED ON AND PASSED m~ANIMOUSLY. THE MAIN MOTION WAS VOTED ON AND PASSED 4-l, CM DAHLBACKA DISSENTING. CONSENT CALENDAR Reso. re East Avenue Project The Council adopted a resolution accepting the East Avenue Resurfac- ing and Storm Drain Improvements Project for maintenance and direct- ed the filing of the Notice of Completion. RESOLUTION NO. 294-79 A RESOLUTION AUTHORIZING ACCEPTANCE OF WORK AND AUTHORIZING AND DIRECTING THE RECORDING OF NOTICE OF COMPLETION RE EAST AVENUE RESLRFACING AND STORM DPAIN IMPROVEMENTS Reso. re Council Policy The Council adopted a resolution regarding Policy relating to meet- ings and procedures, reflecting action taken at the meeting of September l7, 1979. RESOT4UTION NO. 295-79 ADOPTION OF COUNCIL POLICY RE MEETINGS AND PROCEDURES Resos. re Committee Appointments The Council adopted two resolutions confirming committee appointments. RESOLUTION NO. 296-79 A RESOLUTIOn FOR APPOINTHENT TO THE BUSINESS AND INDUSTRIAL ADVISORY BOARD (Joe Sladky) RESOLUTION NO. 297-79 A RESOLUTION FOR APPOINTHENT TO THE BEAUTIFICATION CO~WITTEE (Raymond Brice) CM-36-294 October l, 1979 Payroll and Claims There were 238 claims in the amount of $723,962.10, payroll warrants in the amount of $123,610.81, less Treasury Bill in the amount of $l89.990.00, for a total of $1,037,562.91, dated September 17, 1979, and approved by the City Manager. There were 89 claims in the amount of $418,670.19, dated 9/26/79, and approved by the City Manager. CONSENT CALENDAR APPROVAL ON MOTION OF CM TURNER, SECONDED BY C~1 STALEY AND BY UNANIMOUS VOTE, 1¡lITH THE EXCEPTION OF CM EBERT'S NO VOTE ON THE APPOINTMENT OF RAY BRICE TO THE BEAUTIFICATION COmUTTEF, THE CONSENT CALENDAR WAS APPROVED. PROPOSED REZONING HEARING SET CM STALEY MOVED TO SET THE PUBLIC HEARING REGARDInG THE PROPOSED REZONIHG FROB RG-lO TO OS-UR FOR THE AREA SOUTIH'JEST OF OLIVINA AND MURRIETA FOR CEP'l'EPmER 15, 1979. C\+ðh¿,~ MAYOR KAMENA MADE AN AMENDING MOTION TO RECONSIDER SUmLTANEOUSLY AND PASS THE PROPOSAL BY THE ZONE 7 BOARD OF DIRECTORS FOR THE ANNUAL REVIm.¡ OF FEES INSTEAD OF THE PRESENT FIVE YEAR REVImv, SECONDED BY Cr.l STALEY. Cm Dahlbacka said he would like to consider the amending motion as a separate item and would vote no on the amendment. THE AMENDING HOTION \'lAS VOTED ON AND iZ~;:~~X. :3 t.j;~ .J H;~;R f~{~~'¡{ ~;~ en TYI>'.NER IN THE MINORITY. /Æ{jJ-8-"...J .. (~~¿h. THE MAIN MOTION WAS VOTED ON AND PASSED UNANUI0USLY. f RE WATER RATE INCREASE MAYOR KAHENA MOVED TO SUSPEND THE RULES TO PROTEST THE NATER RATE INCREASE, SECONDED BY CH STALEY. MOTION PASSED 4-1, CH EBERT DISSE~~TIN(; . ADJOURNMElJT The meeting was adjourned by I1ayor Kamena. The next regular meeting of the City Council is scheduled for October 15, 1979 at 8:00 p.m. APPROVE ~7 /}2. . i (. / tÍ-~n{--- P . ayor ATTEST MÆ CH-36-295 Regular Meeting of October 15, 1979 A regular meeting of the Livermore City Council was held on Monday, October 15, 1979, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor I~amena. ROLL CALL Present: Cm Dahlbacka, Ebert, Staley, Turner and Mayor Kamena Absent: None PLEDGE OF ALLEGIANCE Mayor Kamena led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. MINUTES APPROVAL MEETING OF 9/17/79 ON HOTION OF CM TURNER, SECONDED BY C)\! EBERT AND BY UNANIMOUS VOTE, THE HINUTES OF THE MEETING OF SEPTEMBER 17, 1979, WERE APPROVED AS SUBMITTED. OPEN FORU1\1 (School Connection Fees) Don Miller, 2862 Waver ley, felt the mechanism for a proper school connection fee is the General Plan which says if there are no facil- ities, residential growth stops until facilities are provided. He felt that growth should pay its own way. ~ Ebert disagreed with some of Mr Miller's statements. Mayor Kamena suggested that discussion could be continued at the October 22nd Ineeting when the matter is scheduled as an agenda item. (Economic Aspect of Council Issues) Roman Morkowski, 1987 DeVaca Way, stated that in his opinion all issues which come before the Council could be reduced to the issue of how the wealth of the community is going to be distributed. (Re Civic Day) R. Faltings, l018 Via Granada, suggested that a "City Day" be held at which time the community can view the new Civic Center including the Multi-Service Center and the Police facilities. (Ordinance re Residence Sales) David Eller, Livermore, suggested that Council draft an ordinance with the requirement that when a home is sold, the real estate salesman be required to give the buyer a copy of the zoning within a half-mile radius of the home site. (Frequency of Council Meetings) Kay Parra suggested that the Council return to its previous sched- ule of weekly meetings to prevent the constant continuance of agenda items. Cl'1-36-296 October 15, 1979 PUBLIC HEARING RE PREZONING, KITTYHAHK RD. A public hearing was held to consider application from Livermore hirway Business Park for pre zoning to PD (Planned Development) District and establishment of Section 19.17 of the Zoning Ordinance. The site is located south of Kittyhawk Road, approximately 800 feet east of the Airway/I-580 Interchange. The Planning Commission recom- mendations are to file the Negative Declaration with the Alameda County Clerk, to prezone the property PD - 19.17 (Livermore Airway Business Park Planned Development) District, and to establish Section 19.17 of the Zoning Ordinance. Howard Nies, Planning Director, noted that Council has already approved the annexation request of the 68 acres involved which will be developed into an industrial and research nark. Mr. ~lies added that the conditional uses permitted will have to be determined by the Planning Commission on an individual basis as the need is demonstrated. Hayor Kamena opened the Public Hearing. Terry Rose, partner in the Airway Business Park, stated that he agreed with all of the staff recommendations. ON MOTION OF C~1 ':'UP.NER, SECONDED BY C~'1 STÞ,LEY AND BY UN1\NIHOUS VOTE, THE PUBLIC HEARING WAS CLOSED. CH STALEY MOVED TO PILE THE ~JEGATIVE DECLARATION, TO PREZONE THE SUBJECT PROPERTY TO PD 19.17, Þ.ND TO ESTABLISH SECTION 19.17 DJ 7IIE ZONnlG ORDINANCE, SECo:mED BY Cl EBERT. CN Tumn-;;R HZ\DE AN NmNDP1G I'<1OTImJ, REGARDING SECTION C, CONDITIONAL USES: TO DELETE TEE NaRDS "ŒILY A'PTE'R THE PERl'HTTED USES HAVE CREATED A DEHŒJSTRABLE DEr-m:ND POR THE COlmITIOHAL USE", SECONDP.D BY Ct1 ERERr;:'. Cm Staley comnented t,at the original wording was acceptable to the applicant and felt that the emphasis should be on the develop- ment of a business park, not a motel, restaurant, etc. complex. He said he could support the motion if a neriod (.) were added after "district" with all ,'lords following "district" being deleted. The consensus of Council was to discuss the language of the ordinace uhen it is hrought back for Council approval. 'rHE AHENDING MOTION ì^lAS \·HTIIDRAHN. r;:'IIE aOTImT WAS VOTED ON A~JD PASSED UNNIPlOUSLY. PUBLIC IIE1\RING RE REZœlING REQUEST, PALm1AR FPTN',ICIAL A public hearing was held to consider a reauestfrom Palomar Finan- cial to amend the Zoning Ordinance Map by ~ezoning from OS-A (Open Space - Agriculture) District to OS-UR (Open Space - Urban Reserve) District. The site is locateJ between qartford Road and Raymond Road, east of Lorraine Street. The Planning Commission recorrunends approval of the proposed OS-DR zoning on this site based on findings noted in P.C. Resolution No. 67-79, and the filing of the IJegative Declaration with the Alameda County Clerk. CM-36-297 October 15, 1979 (P.H. re Rezoning Request - Palomar) Mr Nies commented that it is the intent of Palomar to transfer the density of the 108 acres under a PD approach. He did not feel that zoning the property RS-3 would accomplish this purpose. Mayor Kamena opened the public hearing. Earl Mason, representing the applicant, stated that Palomar would like Council to approve the OS-UR designation so they could proceed with the PD Zoning Map at a later date. ON MOTION OF C1-1 TURNER, SECONDED BY CH DAHLBACKA AND BY UNANIMOUS VOTE, THE PUBLIC HEARING ìvAS CLOSED. CM TURNER MOVED TO ADOPT AN ORDINANCE, FILING THE NEGATIVE DECLARATION WITH THE ALAMEDA COUNTY CLERK AND APPROVING THE PROPOSED OS-UR ZONING ON THIS SITE, BASED ON THE FINDINGS NOTED TVITHIN PLANNING COHMISSION RESOLUTION NO. 67-79, SECONDED BY CM EBERT. Cm Dahlbacka stated that he had voted against this proposal when it had come before Council for a General Plan amendment because he felt that it would create additional density that the City could not adequately serve. He said he intended to vote against the motion and would prefer to see it zoned Open Space - Agricultural. Cm Staley said he had voted against the General Plan amendment for substantially the same reasons as Cm Dahlbacka, but since that time it has been referred to the Planning Commission where it was approved so he would vote in favor of the motion. THE MOTION WAS VOTED ON AND PASSED 4-1, CH DAHLBACKA DISSENTING. PUBLIC HEARING, REZONING REQUEST JOSEPHINE TOMPKINS A public hearing was held to consider a request from Josephine Tompkins for rezoning from RL-6 (Low Density Residential) District to OS-UR (Open Space - Urban Reserve) District, the site being located at 3979 East Avenue. The Planning Commission recommends the adoption of an ordinance filing the Negative Declaration and approving the rezoning from RL-6 to OS-UR based on the findings noted in P.C. Resolution No. 64-79. Mayor Kamena opened the public hearing. Roy Jensen, 755 Hazel, representing the applicant, said that he was in concurrence with all the staff recommendations. ON MOTION OF CM EBERT, SECONDED BY C:'1 STALEY, AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. ON MOTION OF Cr1 EBERT, SECOlJDED BY Ct1 TURNE~, AND BY UNANH10US VOTE, THE COUNCIL APPROVED THE RECOM~1ENDATION TO FILE THE NEGATIVE DECLAR- ATION AND APPROVED THE PROPOSED OS-UR ZONING ON THIS SITE, BASED ON THE FINDING NOTED vHTHP1 P!.AN~lING COM.HISSIœ~ RESOLUTION NO. 64-79. An ordinance will be prepared for later introduction. CM-36-298 October 15, 1979 PUBLIC HEARING HCD BLOCK GRAN'l' APPLICATION 1980-81 A public hearing \.¡as held to consic]l'>r the Housing and Community Development Block Grant Application for fiscal year 1980-81. It was the recommendation of the City !·1anager that the Council approve those projects which have County and lI.U.D. approval and also approve the priority listing of new projects as submitted by the Social Concerns Committee, with the understanding these projects may be substituted for original projects which are abandoned or overbudgeted. Hayor Kamena opened the public hearing. Cathie Brown, 1098 Angelica Hay, representing the Social Concerns Committee, said she ,.¡ould answer any questions regarding the prior- ity list. !1:r Faltings commented that according to a newspaper article he had read, 50% of the $100,000 request for the Housing P.ehabilitation Loan and Grant Program would be spent for administrative costs. He felt administrative costs of any program should not exceed 20%. ON NOTIOn OF CM TUr11ER, SECONDED BY CH STALEY AND BY UNANHmUS VOTE THE PUBLIC HEl\RING WAS CLOSED. CH STALEY MOVED TO ADOPT THE JOINT STAFF /SOCIAr~ CONCERNS COHHITTEE RECOHHENDATIONS, SECONDED BY CM DAHLBACKA: It was explained that Pleasanton and Alameda County will also be contributing to the Program bringing the total amount of money avail- able to around $200,000. Administrative costs to the City of Liver- more will be about $25,000, it was noted. THE MOTION v'lAS VOTED ON AND Pl>..SSED 4-1, C~'1 EBERT DISSENTING. RESOLUTION NO. 304-79 A RESOLUTION APPROVING HOUSING AND CŒ1HUiHTY DEVELOPHENT BLOCK GRANT APPLICATION Projects approved are: A. Projects having received preliminary County and HUD approval for funding 1. H.C.D. Administration 2. Landbanking and ~1ew Housing Development 3. Housing Counseling Services 4. Housing Coordination and Program Development 5. Property Acquisition - Interfaith Housing 6. Housing Rehabilitation Loan and Grant Program $ 34,200 170,000 15,000 35,l95 30,000 100,000 $384,395 B. fJew projects being submitted for ranking and approval by the County and HUD. They represent requests for additional funding. 7. Tri-Valley Haven Property Acquisition 8. Interfaith Housing - Lighting Installation 9. Livermore Housing Authority - Landscaping $ 23,300 2,700 33,863 C!1-3 6 -29 9 October 15, 1979 (P.H. - HCD Block Grant Application for 1980-8l) 10. Housing Counseling (1 additional day a week) and Senior Home Repair Program 11. Tri-Valley Haven - Renovation and Security upgrading 12. Fire Department - Fire Hydrant Installation 13. rJeighborhood Safety and Rejuvenation 14. LARPD - Removal of Barriers to the Handicapped l5. LARPD - Heating and Cooling Installation 16. LARPD - Sidewalk Installation $ 14,000 4,000 30,000 40,000 55,000 15,000 75,000 $292,863 TOTAL - SECTION A. A~1D SECTION B $677,258 P. BLIC HEARING RE REZONDIG REQUEST, LEXINGTON HŒfES ~ ArJD RE G. P. Al'1ENDHENT FOR LOH/~lODERATE REQUIRE~o1ENTS As suggested by ~1ayor Kamena the following two public hearings were combined: l) hearing to consider request from Lexington Associates for a Zoning Ordinance I1ap amendment to allow rezoning from RG-lO (Suburban Multiple Residential) District to OS-fJR (Open Space _ Urban Reserve) District, site located southwest of intersection of Olivina Avenue and Murrieta Boulevard; 2) continued hearing from ~v meeting of October l, 1979 reg.arding proposed General Plan. amen..dment W(-- \1J?r_ l~w/m~derate inc?me ~ousi~g requireme.IltsK ~:J.M.d~c;, -u...... ~dJ.ÀQ~""" ~~' ~~~/-~:':';n?L~i';,::i;t;;;.;tth~ ;;~-;;~:~ b';,1'~j{~~';j{~uti~1:~~;" b public hearing and then asked for presentations from staff regarding , the two matters to be discussed. Mr Nies explained that the original zoning occurred in 1968 for the present RG zoning which permits l05 units on the site. The requested rezoning would allow l25 units. He noted that the site is on a major street, is in close proximity to the downtown area, and is close to public facilites such as the hospital. The fees generated by the project, if approved, would be $73,000, he said. Regarding schools, a letter from the School District (Mr D'~bra) stated that they could serve the elementary and junior high school students from the site with the high school students being handled with interim facil- ities. Regarding traffic, the staff did not feel that the additional 20 units would have a significant effect. Mr Nies noted that the Planning Commission had recommended approval and the filing of the Negative Declaration. Ed Schilling, Assistant City Manager, stated that the staff has recommended to the COlnmission and the Council that they are in favor of amending the General Plan to allow an additional 35,000 gallons of sewerage for residential purposes for low and moderate income housing defined as a minimum of 20% subsidized housing. Since the residential capacity is limited, the staff approached Intel and asked them if they would agree to a change in the phasing of the 500,000 gallons which were reserved for them by Council pOlicy. Intel agreed to allow 35,000 gallons to be changed from their initial capacity of 250,000 gallons to the first capacity which will come on-line after the Phase IV expansion. The Planning Commission, he added, had recommended approval of this proposal. CM-36-300 October 15, 1979 (P.n. re Lexington Re- zoning Request, and G.P. Amendment re Low/ Moderate Requirements) ~ayor Kamena opened the public hearing. Darrell Graves, representing Lexington Associates, stated he had talked to the School District and had been advised that there was room available for additional students. !Ie also did not feel that the development would worsen traffic conditions on r~urrieta Blvd., but would improve them because the Lexington development \vould trig- ger the widening of J1urrieta to four lanes along with a median strip, and the signalization of the ~urrieta/Olivina intersection. Bob Hardison, architect for Lexington ßssociates, said the site of the proposed development is in two parts and the clusters of units will be distributed in five "neighborhoods". In the center is a large group of eucalyptus trees which will be a focal point of the development. He gave a detailed description of the architectural aspects of the project, which will have approximately 11.4 units Der acre. James i10rton, a local attorney representing a large number of home- owners, presented to Council a petition with approximately 1000 sig- natures. lIe said that five spokemen had been chosen to inform the Council of the position of people who signed the petition, and asked for a show of hands of those in the audience who were in sup- port of the fiv8 sDokesmen. A substantial majority of those present were in agreement with the speaker. .Joe Lombardo gave a brief description of the people opposing the Lexington Project, stating that they all believed that their personal Constitutional rights and general welfare are being vio- lated. In his opinion most city planners have used high-density units as buffers between commercial and residential properties, such as was done here in Livermore at the Granada Center. The Lexington proposal would not fit this criteria, he said, since it would be surrounded by single-family units. He contended that the rezoning of the property to ultra-high density without proper and legal Environmental Impact Study would be in direct violation of the homeowners Constitutional rights. Ray Lynch, 413 HUffin1ingbird Lane, stated that the homeowners dis- puted the figures on the number of new children who will be attend- ing Rincon, Marylin and Rancho Las Positas Schools and felt that overcrowding would be a problem. He also questioned the safety of the children because of the hazardous conditions at the intersection of Murrieta with Olivina and with Las Positas. ¡Ie expressed con- cern with the possibility of an increased crime rate in a high- density area. Bill Gallon, 536 Olivina, said that in his experience high-density developments ,vere usually associated with an increase in the crime rate and he would not have bought the home that he did two months ago if he had known that a high-density project would be going in l~ blocks from his residence. Bill Basacker, 421 Hummingbird Lane, was concerned with the health of the community. He felt the increase in the number of vehicles would create more noise and air pollution, and that there might be an odor problem in the area because of the increase in the number of dumpsters in the development. The availability of off-street parking, the allowing of pets in the units, and the ecology of the arroyo were also areas of concern to him. He felt that the City has continually failed to recognize the mandate of the people, CN-36-301 October 15, 1979 (P.H. re Lexington Re- zoning Request, and G.P. Amendment re Low/ Moderate Requirements) and said that it was the demand of the 1000 signers of the petition that the Lexington Project not be constructed and that the property not be rezoned because they found the project inappropriate at the proposed location. George Petras, 332 Turnstone, did not feel that the homeowners in the area had been granted equal and fair consideration by the City and thought that the proposed project would have a negative impact on the environment of the neighborhood, affecting the personal and financial lives of the homeowners. In his opinion, with proper planning, better site locations or selections, and better researching, that there are other areas in Livermore which would serve the need for low and mod- erate housing, with minimal impact on surrounding neighborhoods. He did not want to be deprived of his property rights. Gail Shearer, 1972 S. Livermore Ave., stated that anyone who deducts mortgage interest and property tax payments from their incoMe tax is receiving a Federal subsidy. She gave a brief history of housing subsidies in the United States, and explained how low and moderate income designations are determined. Kay Parra, Livermore, pointed out that only 47 of the l25 proposed units will be subsidized. She added that there was a need for this kind of housing in Livermore and was in favor of the project if res- idents of Livermore would benefit from it. Steve Clanin, Hagemann Dr., opposed the project because he felt it was contrary to the problem it was supposed to solve, as a result of it being subsidized. He felt that inflation was the primary problem and would be increased by the spending of additional Federal money. Joan Pendergast, 3544 Leahy Way, read an open letter from the Ten- ant's Association to the Livermore community. It stated that most of the residents of Leahy Square are decent, law-abiding citizens, 41% of the residents are employed, 14% are senior citizens, and 11% are disabled. In addition, 54% are women as heads of households. The Tenants Association felt they were lucky because they have decent housing whereas hundreds of Livermore citizens do not. The Council was asked to consider those who do not have decent housing in the city of Livermore. Don Anglin, 408 Olivina, gave SOMe statistics regarding the water treatment plant. He felt the maximum number of additional resi- dential units that the plant could handle was 31 units. Candy Aderman, Director of the ECHO Housing Assistance Center, strongly encouraged the Lexington development, because it was dif- ficult for low and moderate income families to find affordable housing anywhere in Livermore. Concern was expressed regarding the possibility of overcrowing in the schools in the area, particularly at Rancho Las Positas. , William Nebo, l223 Pine St., felt that the best approach to 10w- income housing was to disperse it among regular housing. George Moniz, 642 Olivina, stated he was opposed not only to the low-income aspect of the project but to the entire project itself because of the additional traffic it would generate. Darrell Bloom read a letter as a representative of the executive committee for Interact stating that they supported the current word- ing of the General Plan in regards to low-income housing, that they CI'1-36-302 October 15, 1979 (P.II. re Lexington Re- zoning Request, and G.P. Amendment re Low/ Moderate Requirements) saw an immediate need for rental housing for Deople of low and mod- erate incomes, urging the Council to support any quality project that would address this need. ~hey urged support of the Lexington proposal on the proposed site or on any other appropriate site. Roman Morkowski, 1987 DeVaca ~vay, was against the Lexington proposal because he did not feel that it was a subsidy for the needy. Dorothy Peralta, 761 South "J" Street, said that her dream v.¡as to live in an adeauate house or apartment. She said that where she is currently living, the room leaks, and oven doesn't work and there are various other problems. S~e added that the average rental in the newpapers is around $400 a month and her total monthly income is less than that. Joe Wilder, 850 Tanager Road, was against the Lexington project because of the effect it would have on the school that his children would attend. l"lary Rohn, 255 Cambridge Hay, Vice chairman of the Valley District Council, said that the Valley Council considered low and moderate income housing one of the ten top priorities important to the health needs of area residents, and supported the Lexington Project. She added that the Alameda County Commission on the Status of Women of which she is chairman also supported the Lexington Project. Richard SElith, Livermore, felt that special interest groups had taken government away from the people. He opposed the project. Hector Timourian, 935 Lynn Street, was in favor of low-income hous- ing and supported the Lexington Project. Ruth Shroyer, 680 ~1eadowlark, felt that this kind of project was voted down in the last election and was not in favor of it. Ruth Freis, 1322 Balboa ~1ay, co-director of Valley Child Care, said that her personal feelings were that Livermore citizens act out of fear and panic. She felt that low-income people could not afford to buy single-family homes. Duane Rueppel, 982 Curlew, said he had lived in a moderate income project several years ago, and as a result was not in favor of the proposed Lexington project. Harold Heisner, 883 Adams Ave., felt that the Lexington project could be successful with proper management and would help fill the needs of the elderly in Livermore. Rich Mundy, 833 Curlew, stated that the neighbors of the Project did not object to low-income housing, they just objected to the location in their neighborhood. Frances Roark said that she lived in the area and supported the proposal because there was a need for the kind of housing being planned. Gary Anderson, 850 Crane, felt that government subsidies would take away the right of low-income peoD1e to set and work for their own goals such as a higher-paying job or a home of their own. CH-36-303 October l5, 1979 (P.H. re Lexington Re- zoning Request, and C.P. Amendment re Low/ H.oderate Requirements) Lynne Thomson, 1457 Third St., felt that all L~ver~ore citize~s could at some time or other have a need for th1s k1nd of hous1ng. Don Miller, 2862 Waverley, agreed that there was a need for low- income housing. IIe urged Council to retain the low/moderate language of the General Plan and suggested that all subdivisions or multiple units that have more than 20 units have 5% low and 5% moderate units as a minimum, making it a General Plan requirement. He felt this would disperse low and moderate housing throughout the community. Regarding the Lexington p~oject, he also felt that the density increase being requested was unreasonalbe for an RG-IO zone. He was in favor of approving the project but at the density that the present zoning requires. Mayor Kamena asked for a show of hands of those who would favor the project if the present zoning and density was retained. The major- ity of those present were not in favor of the project at any density. ~1anuella Scott, ~1anaging Attorney of the Legal Aid Society, Hayward office, felt that the real objection to the project was the people who were going to reside there and their living habits, a form of discrimination. She felt, in addition, that the Department of Hous- ing and Community Development in their review of the Livermore draft housing element, had taken the stance that Livermore should not amend their General Plan. ON ~10TION OF MAYOR KAHENA, SECONDED BY CM STALEY AND BY UNANIHOUS VOTE, THE PUBLIC HEARING vIAS CLOSED. Regarding Item l.5, request from Lexington Associates for rezoning from RG-lO to OS-UR, CM STALEY MOVED TO APPROVE THE FILING OF THE ;'TECATIVE DECLARATION, A!'JD TIIAT THE ZOUING CHAnGE TO OS-UR BE GRANTED, BASED ON THE PLANNING COHHISSION' S FINDnJGS, SECONDED BY CH DAHLBACKA. Cm Staley was aware of the dissatisfaction of the area homeowners, but did not feel that 11 units per acre could be considered high den- sity. IIe noted that this development would be a buffer between single-family residential and commercial development which will occur along Stanley Blvd, and considered it an example of good plan- ning. He said he was acutely aware of the need of adequate housing and reasonable rentals in the community, and believed that this pro- ject was the best proposal he had seen to accomplish low and moder- ate income housing in a way that will prevent deterioration. He concluded by saying the the Council must be responsible in addition to being responsive to the needs and feelings of the citizens of Livermore. Cm Dahlbacka said he was surprised at the amount of fear and distrust demonstrated by the public testimony given on this item. He noted that he had run for office by calling for a balanced community and could not in good conscience vote to deny someone adequate housing such as will be provided by the Lexington proposal. Cm Ebert said that he was going to vote no because he was categori- cally opposed to governmental bodies spending more than they make and did not approve of subsidies. Cm Turner felt that everyone at SOMe point in their lives had been subsidized in some way by the Federal government. He noted that the petitions given to Council earlier this evening expressed concern with traffic, the overcrowding of schools, and crime, but that there was no evidence to indicate that any of these concerns would becoMe a reality in the future. He supported Cm Staley's motion. CM-36-304 October 15, 1979 (P.rI. re Lexington He- zoning Request, and G.P. Amendment re Low/ Hoderate Requirements) Hayor Kamena said the question he had was if the land in question could and should support the density that a zoning classification other than RG-IO would give it. He asked Cm Staley if his motion included the assignment of a density of ll.4 to the property. Cm Staley said that only the rezoning was implied by his motion. The ~ayor noted that the advantages that he could see regarding rezoning to OS-DR included far greater control by the city under a Planned Unit Development permit. THE HOTION WAS VOTED ON AND PASSED 4-l, CH EBERT DISSENTING. CI"l STALEY MOVED THAT THE IMPLEMENTATION OF THE TRANSFER OF THE 35,000 GALLONS FROrI INTEL TO ANY PROJECT THAT HAS 20% SUBSIDIZED LOv-J INCOME UNITS TAKE PLACE AT A THm WHEN THE CITY ILl\S ON FILE A STÞ.TEHENT FRŒ-f INTEL CONSENTING TO THAT PROPOSÞ.L; AND THAT THE GENERAL PLAN BE MifENDED BY DELETHTG ':'HE HORD "MODERATE" FRON THE PLANNING CmlHISSION RECOHl'1ENDATION tHTH 10% Lm\l IN EACH PROJECT, SECONDED BY Cì1 DAHLBACKA. After a brief discussion, Cm Staley and Dahlbacka agreed to divide the motion into two parts for discussion and action, the first part relating to the 35,000 gallons and the second part relating to the General Plan amendment. Lee Horner, City ~~anager, pointed out that there is a verbal com- mitment between the Council and Intel for the allocation, but there is not, as yet, a contractual arrangement between them. Crn Dahlbacka said he would like to see this allocation go into the General Plan whether Intel releases it or not, because eventually there will be additional capacity and he would like to see a reser- vation for this type of project. Cm Staley stated that the intent of his motion was TO N-1END THE GENERAL PLAN TO ALLOCATE 35,000 GALLOlJS TO Þ.:'J APPROPRIATE RESERVE CATEGORY FOR LOW INCm1E HOUSING UPON TIlE RECEIPT FROH INTEL OF THEIR CŒ'ISENT. Cm Ebert said he would not vote for it because it stimulates the Lexington development which he is against. He called for the question. THE FIRST Pl\.RT OF THE HOTION \'JAS VOTED ON THE PASSED 4-1, CH EBERT DISSENTING. Since it ~.¡as past the time of adjournment, CH EBERT .r-10VED TO ADJOURN TO AN AD,JOURNED REGULAR HEETING AT 7: 00 P .!1., OCTOBER 18, 1979, TO FINISH TONIGHT'S AGENDA. HOTION DIED FOR LACK OF SECOND. Crt STALEY HOVED TO CONCLUDE THE ITEH ON THE FLOOR, APPROVE THE CON- SENT CALENDAR (WITH THE EXCEPTION OF ITm'1S 6.4, 6.7, 6.10, and 6.11), A~m TO CONTINUE THE REST OF TONIGHT' S AGE~TDA TO OCTOBER 22, 1979. ¡'lOTION SECONDED BY Cr·i TURNER AND PASSED UNANIMOUSLY. Cm Dahlbacka stated that the testimony regarding the low/moderate language change indicated that the needs of the community are about 30% moderate and 30% low housing, and he did not think that the policy under discussion spoke to the continued need that will be developing in the community, especially regarding the moderate needs. HE MOVED TO A.M:EUD TIlE MOTIOH TO INCLUDE HAVING THE STAFF COME BACK l'lITH LANGUAGE THAT INCLUDES A POLICY OF A GOAL OF 20% HODERATE IN- COME HOUSING, IN ADDITION TO THE 10% LO\'l INCOHE HOUSING, SECONDED BY CH TUmJER. CH-36-305 October 15, 1979 (P.lI. re Lexington Re- zoning Request, and G.P. Amendment re Low/ Hoderate Requirements) Cm Dahlbacka felt that the requirement would be in line with the type of new housing stock that is needed in the community. He anticipated that there may be an in-lieu provision. Mayor Kamena expressed concern regarding the necessity of the in- clusion in the General Plan of language pertaining to an in-lieu provision. Karen Mullnix, Assistant City Attorney, stated that in her opinion it could be a policy decision and need not be part of the General Plan. Cm Staley said he could not support the amendment because he was very reluctant to use this type of provision as an allocation de- vice in the housing market unless it was absolutely necessary as he felt it was for the low-income housing. Cm Ebert felt the amendment was a step towards a welfare state and could not support it. Any financial requirement made on a developer is simply passed on to the home buyer, he said. CH TURNER MOVED TO TABLE THIS ITEM, SECONDBD BY CH EBERT. MOTION FAILED 2-3, CM TURNER A:!'JD EBERT IN THE MINORITY. HOTION lvAS MADE AND SECONDED TO !'mVE TIlE PREVIOUS QUESTION. HOTION PASSED 4-l, CH EBERT DISSENTING. THE ALMENDMENT WAS VOTED ON AND FAILED 1-4, CM DAHLBACKA IN THE MINORITY. Cm Staley said that he felt that the staff's proposal for an in-lieu fee of the landbanking concept for the value of the land needed to dedicate the unit was the appropriate method with which to proceed ,AND MOVED TO APPROVE THE STAFF PROPOSAL AS AN M1ENDMENT TO THE MOTION ON TIlE FLOOR, SECONDED BY HAYOR KAHENl\.. MOTION PASSED UNANIHOUSLY. THE SECOND PART (REGARDnm THE DELETION OF THE ,,¡yORD "MODERATE") OF THE I-iAIN HOTION HAS VOTED ON AND PASSED 3-2, CM EBERT AND TURNER P·I THE MINORITY. CONSENT CALENDAR Reso. re Street Resurfacing Project The Council adopted a resolution accepting for maintenance the 1979 Street Resurfacing Project 78-1 and the filing of the Notice of Completion. RESOLUTION NO. 298-79 A RESOLUTION AUTHORIZING ACCEPTANCE OF ,,¡yORK A:JD AUTHORIZING AND DIRECTING THE RECORDING OF NOTICE OF COMPLETION RE 1979 STREET RESURFACING Reso. re Parking Zone - First St. ~he Council adopted a resolution regarding limited parking zones by adding a two hour parking zone on the south side of First Street in front of 3829 and 3841 First Street. C1\1-36-306 October 15, 1979 (Reso. re Parking Zone - First St.) RESOLUTI01J NO. 299-79 A RESOI,UTION A.:'n~~mINr; RESOLUTIOn no. 73-79, AS MiENDED, RELATING TO LINITED PARKING ZONES, BY THE ADDITIŒJ OF A THO HOUR PARKIIJG ZONE, rro í'lIT, SOUTH SIDE OF FIRST STREET HI FRonT OF 3829 AND 3841 FIRST STREET, CITY OF LIV~R~ORE. Re Portable Records Storage Facility The Council authorized staff to solicit bids for a 720 square foot portable records storage building. Reso. re Emergency Ambulance Service The Council adopted a resolution authorizing execution of first aMendment to the agreement with Alameda County relative to emer- gency ambulance service. RESOLUTION NO. 300-79 A RESOLUTION AUTHORIZING EXECUTION OF FIRST AJ1ENDMENT TO AGREEHENT (County of Alameda) Reso. re Regional Planning Districts The Council adopted a resolution encouraging the continued develop- ment of Regional Planning Districts. r-.zSOLUTION NO. 30l-79 A RESOLUTION ENCOUR2\GIIJG THE CONTINUED DEVELOPMENT OF REGIONAL PLAmJING DISTRICTS. Reso. re Joint Powers ?greement &~endment The Council adopted a resolution approving an amendment to the Joint Powers Agreement establishing a Joint Solid t1aste Committee and authorizing execution of the first amendment to the agreement. RESOLUTION rIO. 302-79 A RESOLUTIOTJ APPROVING AMENDMENT TO .JOINT POWERS AGREEHENT ESTABLISHING JOINT SOLID í'lASTE COHHITTEE AND AUTHORIZING EXECUTI01J OF FIRST AJ1ENDl'1.E:JT TO AGREEMENT Reso. Amending ~alary Resolution The Council adopted a resolution amending Salary Resolution No. 72-79 reflecting changes to wage and salary administration of the City in order to continue effective, efficient service. RESOLUTION NO. 303-79 A RESOLUTION OF THE CITY OF LIVEffilORE N·ŒJ'JDING RESOLUTION NO. 72-79, FOR THE CLASSIFIED A!'JD UNCLASSIFIED EHPLOYEES OF THE CITY OF LIVER!'10RE, ESTABLISHING RULES FOR ITS USE. C~1- 3 6 - 3 0 7 October 15, 1979 Re Litter Program The Council endorsed a new City-wide program designed to reduce the problem of unsightly litter. The program is to be called "Pitch In For positive Litter Reduction" and was submitted by the Livermore Beautification Committee. ?ayroll and Claims There ,.¡ere 149 claims in the amount of Ç499, 367 .l9, dated October 5, 1979, and approved by the City Manager. CŒJSENT CALENDAR APPROVAL Items 6.4, 6.7, 6.10, and 6.11 on the Consent Calendar were con- tinued. The remainder of the Consent Calendar was approved. For vote see p. 36-305 (~10tion - Staley, Second - Turner, unanimous vote). ADJOURN~1ENT Since the remainder of the items on tonight's agenda were continued by motion to the meeting of October 22, 1979, Hayor Kamena adjourned the meeting to a brief executive session for possible litigation. The next regular meeting of the Livermore City Council will be held on October 22, 1979, at 8:00 p.m. l\.PPROVE ~~ Mayor l\.TTEST Regular Meeting of October 22, 1979 A regular meeting of the livermore City Council was held on Monday, October 22, 1979, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Kamena at S:l2 p.m. ROLL CALL Present: Cm Ebert, Staley, Turner, and Mayor Kamena Absent: Cm Dahlbacka(seated during Executive Session) PLEDGE OF ALLEGIANCE Mayor Kamena led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. CH-36-30S October 22, 1979 OPEN FORUH No comments were offered at the Open Forum. EXECUTIVE SESSION A brief recess was held after Mayor Kamena called for an executive session at the request of the City Attorney for the purpose of potential litigation. (Cm Dahlbacka seated during executive session) PUBLIC HEARING RE BOARD OF EDUCATION'S NOTICE OF OVERCROWDING A public hearing was held to consider whether or not the City Council concurred with the Notice of Overcrowding in the high schools adopted by the Board of Education. If Council concurs, the adoption of a fee for construction of interim school facili- ties must be considered. The Council has received a report pre- pared by LVUSD that was discussed at a joint suhcommittee meeting. As a result of that meeting, LVUSD has requested that the city increase the present school construction fee from $570 to $l,050 per unit. Mayor Kamena opened the public hearing. Rena Clements, Director of Governmental Relations for the Building Industry Association of Uorthern California, expressed concern be- cause this issue requires the immediate providing of funds for inter- im facilities. She explained that the money, extracted from the builder, will eventually be added to the cost of the house. She pointed out that only rapidly growing cities in Alameda Co. such as Fremont and Newark charge school fees and Livermore is not a rapidly growing city. Regarding the fee itself, she felt that a sliding scale would be more equitable, possibly based on the number of bed- rooms. Regarding SB 201, she explained that it states very specif- ically that all reasonable methods of mitigating conditions of over- crowding have to be considered and did not believe they had been here in Livermore. Paul Kasameyer, 692 Jefferson, expressed his concern with the option of the purchase of a third high school site and the placement of interim classrooms there, stating that in his opinion the facility would not be adequate. He felt the proposed fee of $1,050 was realistic, at present, but might possibly have to be adjusted up- wards in the future. CM TURNER MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY CH EBERT. Following a brief discussion regarding when the representatives from the School Board should present their information, the motion on the floor was withdrawn. Jim Davis, speaking on behalf of the District Board of Trustees, noted that the Council had received from the Board, a letter dated October 8, which outlines the position of the Board. There is a problem, he said, concerninq adequate funding to carryon the kind of responsibilities that the School District is charged with, such as the provision of adequate facilities for the teaching of the community's children, which requires long-range planning. lIe felt that the construction of interim facilities that have to be taken down in five years would be unreasonable and a waste of taxpayer money. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE PUBLIC HEARING ívAS CLOSED. CTvI-3 6- 3 0 9 October 22, 1979 (P.H. re Board of Education's Notice of Overcrowding) Cm Ebert asked Gary Reiners, City Attorney, to briefly outline the provisions of SB 20l and the amendments of AB 8. Mr Reiners ex- plained that SB 201 was adopted to provide a stopgap interim solu- tion to acute overcrowding of schools. The language of the statute provided that a City Council could adopt an ordinance that would pro- vide for the assessment of a fee against new residential units for the provision of interim school facilities. The Livermore City Council did adopt such an ordinance. However, at that time, the definition of interim facilities was somewhat vague which led to the much tighter definition adopted in Assembly Bill 8 which was enacted this year. Cm Staley commented that there was nothing in the report that was submitted nor in the testimony given that discusses mitigation measures and asked what the Board of Education has done to evaluate the different mitigation measures and what the findings are. Miti- gation measures included combining 7th, 8th, and 9th grades and the four quarter system. It was pointed out that a hearing was held under SB 20l when the fees were originally levied at which time findings were made regard- ing overcrowding. In Mr Reiners opinion, a new hearing was required. Mr Davis indicated that the District has called and charged a School Use Committee to look at various alternatives as mitigation measures such as the possible closing of schools, the possible combining of schools, and the use of schools for purposes other than classroom use. He noted that their report will not be forthcoming for several months since the initial report isn't due until February 28, 1980. Alternatives discussed included bussing, year-round schools, and double sessions. It was noted that one of the specific findings that Council must make is that all reasonable methods of mitigating conditions of overcrowding have been evaluated, and it appeared that it would be several months before that evaluation would be complete and any finding could be made. CM TURNER MOVED THAT COUNCIL STRONGLY CONSIDER THE SCHOOL BOARD'S PROPOSAL TO CONVERT THE 7-8 GRADE SCHOOLS TO 7-9 SCHOOLS, WITH THE FEE TO BE SET AT $359, SECONDED BY CM EBERT. Cm Turner suggested that since there are other alternatives which have not been fully explored, it might be better if Council took no action until they had the benefit of the reports on those alternatives. CM TURNER MOVED TO TABLE THIS ISSUE, SECONDED BY CM EBERT. MOTION FAILED 3-2, CM EBERT AND TURNER IN THE MINORITY. Mr Davis said that the Board feels strongly about some of the al- ternatives and pointed out that the domain of the Board is to de- termine what is educationally sound and that of the Council is the financial control. He added that the concept of portables is a dif- ficult one since there must be room on the school site for the ad- dition of portables. There is presently no room at Livermore High School, for instance, for the addition of portables. Cm Turner explained that the reason he had made his motion was that he felt the motion would take care of the immediate and the future problem of overcrowding, and that it was his understanding that the intermediate schools have been upgraded as a result of the bond issue passed a few years ago. He could not see charging additional fees if they weren't warranted. CM-36-3l0 October 22, 1979 (P.H. re Board of Education's Notice of Overcrowding) Cm Ebert said it was his understanding that until all the alterna- tives had been evaluated, the Council could not assess a fee. He said he could support a motion to table until Council can receive an additional report evaluating the alternatives, a legal require- ment before action can be taken. Mr Davis pointed out that the Board had discussed the alternatives of double sessions, 7-9 schools, and bussing, and felt that they were not acceptable alternatives. The Facilities Use Committee is still evaluating other alternatives, however, he said. He sug- gested that if the item is tabled, provisions be made to retro- actively collect any fees that may be instituted from this point on. Cm Staley said the reason he had voted against tabling this matter was that he wanted to put some specific time limits on bringing it back to Council. He said he would also like to place his concerns before the School Board so they could address them to the point where he could vote on the subject. His primary concern was the mitigation measures and the basis for the School Board's findings. CM STALEY ~iADE A SUBSTITUTE MOTION TO CONTINUE THIS ITEM TO THE FIRST AVAILABLE AGENDA AFTER WHICH THE SCHOOL BOARD CAN REPORT TO COUNCIL ON THE CONDITIONS OF OVERCROHDING AND THE REASONABLE METHODS OF ÞlITIGATION OF SUCH CONDITIONS, SECONDED BY CM DAHLBACKA. Mayor Kamena stated that it was his understanding the the Board had found conditions of overcrowding and that they had investigated var- ious means of mitigation at various points in time. He felt that the Facilities Use Commission was an insurance that in case changes do occur, or an issue was missed, and to maintain the correct pos- ture, the School District would have the information available to be able to make a different recommendation. It was his opinion that the applicable mitigation measures had already been evaluated. Cm Dahlbacka asked for a clarification of the 7-9 school issue. Mr Davis said it could be included in the measures to be studied by the Facilities Use Committee. He believed there was a consensus of Board members who felt that to disrupt the educational form and the tradition of the community at this particular time by introducing a 9th grade at the 7th and 8th grade level would not be well founded. Rudy D'Ambra, in charge of school facilities, explained option (b.), the purchase of a third high school site and the placement of interim classrooms there, which would accommodate the 610 anticipated stu- dents for whom there will be no room at the other two high schools. He suggested that funds could be accumulated until such time as they are needed, in 1984 or 1985. Mayor Kamena asked if the testimony of the School Board could be the basis from which the Council could make its findings. Mr Reiners explained that if Council felt that the testimony of the District indicated that they have evaluated the alternatives, then Council can make a finding to that effect. Cm Turner felt that people could adjust to any changes, including those within a school system, and did not think that disrupting the educational form was a good enough reason for not considering the 7-9 grade concept. He was in favor of alternative (a) because it would solve the problem at about a third of the cost. Mayor Kamena said that the 7-9 concept was only a temporary solu- tion when a permanent solution was needed to accommodate the extra students expected in 1984 and 1985. CM-36-3ll October 22, 1979 (P.H. re Board of Education's Notice of Overcrowding) Cm Turner felt the 7-9 concept would solve short-range and long- range needs. The fee proposed would, by law, be used for interim facilities and Cm Turner was concerned about the availability of funds to permanentize the interim facilities. Mr D'Ambra said that prior to AB 8, there were no means for a school district to generate funds to build schools, except for SB 20l fees. AB 8 now provides the mechanism by which school dis- tricts may appeal to the State for funds to build permanent school facilities. (Recess) Mayor Kamena called for a brief recess after which the meeting resumed with all Councilmembers present. Mr Davis commented that the Board felt that the suggested fee of $359 was unacceptable as a level of funding. He added that the Board's opinion was that permanent facilities would eventually be necessary, and that the proposed fee of $1,050 was a compromise figure. He hoped that Council would act tonight and would adopt the recommended fee of $l,050. Information concerning alternatives that the Board considered could be given to the Council by their meeting of October 29, he added. Cm Dahlbacka said he was going to vote against the motion on the floor because he felt the Council has enough information tonight to deal with the question of interim facilities versus permanent facilities. Mayor Kamena concurred with Cm Dahlbacka. em Turner said he hoped that if the motion was successful, the School Board would address the legal question as to whether or not they will join Council in that decision, if a fee is established. Mr Davis said that the Board would to the extent that they legally could. THE SUBSTITUTE MOTION WAS VOTED ON AND PASSED 3-2, MAYOR KMiENA AND CM DAHLBACKA IN THE MINORITY. The Mayor requested that the City Manager work with the office of the School Superintendent to make sure that all of the questions that Council may have are addressed appropriately to prevent un- necessary debate and duplication of effort. RESIGNATION FROM SOCIAL CONCERNS COMMITTEE A letter of resignation from the Social Concerns Committee was re- ceived from Rin Hartwig. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE IT WAS NOTED FOR FILING. Staff was instructed to send a letter of appreciation to Ms Hartwig. COMMUNICATION RE PHASE IV FINANCING A letter was received from John Stein requesting an agenda discus- sion of the method of financing the City portion of Phase IV expan- sion of the Water Reclamation Plant. ON MOTION OF CM TURNER, SEC- mmED BY CM STALEY AND BY UNANIMOUS VOTE, IT WAS NOTED FOR FILING. CM-36-3l2 October 22, 1979 COMJ\1UNICATION RE CLEAN-UP CAMPAIGN A communication was received from Robert A. Schlinger regarding a proposal for a rental property clean-up campaign. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIÞ10US VOTE, THE COMMUNICATION WAS REFERRED TO STAFF. LETTER OF THANKS TO CITY STAFF A letter was received from Margaret Montan, Chairman, Festival '79, thanking all City staff, Fire and Police Departments for their assistance during the festival. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COMMUNICATION WAS NOTED FOR FILING. CITY MANAGER'S REPORT Regarding the rate that \':las recently adopted by Zone 7, Mr Horner noted that our representative did protest at the last two meetings of Zone 7, the rates that they had proposed. Their Board, at last Wednesday's meeting, reduced the acre-foot rate by $20.00. APPEAL - KENTUCKY FRIED CHICKEN OUTLET An appeal was submitted by Cm Staley to the Zoning Administrator's grant of a permit to Kentucky Fried Chicken, located at 50 So. "L" Street, to allow a drive-up facility at their place of business. CM STALEY MOVED FOR APPROVAL OF THE PERMIT GRANTED BY TIlE ZONING AD- HINISTRATOR l']ITH THE ADDITION OF A "RIGHT TURN ONLY" SIGN FOR EXIT- ING FROM THE FACILITY, SECONDED BY CM TURNER AND PASSED UNANIMOUSLY. VARIOUS APPOINTMENTS CM DAHLBACKA MOVED TO REAPPOINT C~1 TIRSELL TO THE PLANNING COWUS- SION, SECONDED BY CM STALEY. MOTION PASSED 3-2, CM EBERT AND TURNER IN THE MINORITY. CM DAIILBACKA MOVED TO APPOINT BRIDGET BORCHERS AND JEAN DUVAL TO THE BEAUTIFICATION COMMITTEE, SECONDED BY CH STALEY. MOTION PASSED UNANIMOUSLY. There were no nominations for the Heritage Preservation Committee and Mayor Kamena asked for the media's assistance in notifying the community that at least two vacancies exist on this important committee. It was noted that three vacancies also exist on the Recycling Committee and four on the Social Concerns Committee. SIDEWALK REPAIR PROGRAM Seven properties were originally posted to repair their sidewalks, curbs and gutter. All except three properties have either com- pleted the work themselves or paid the City for the repair work. The staff recommendation was that Council adopt a resolution over- ruling protest and confirm the assessments. CH TURNER MOVED TO ADOPT A RESOLUTION OVERRULING ANY PROTESTS AND ASSIGNING THE SIDE~'1ALK REPAIR COSTS TO THE PROPERTY IN THE FORM PRO- VIDED BY SECTION 5626 OF THE STREETS AND HIGHWAY CODE, SECONDED BY CM DAIILBACKA. CM-36-3l3 October 22, 1979 (Re Sidewalk Repair Program) Cm Ebert asked about the mechanics of repa~r~ng or correcting work done by property owners if it does not meet City standards. Dan Lee, Director of Public Works, explained that if his department re- ceives a complaint the City does assume some liability and as a re- sult does attempt to correct the problem. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. RESOLUTION NO. 305-79 A RESOLUTION OVERRULING PROTESTS AND CONFIRMING ASSESSMENTS FOR SIDEWALK REPAIRS PUBLIC HEARING DATES SET ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE FOLLOWING ITEMS FOR SET FOR PUBLIC HEARING FOR THE MEETING OF NOVEMBER l3, 1979. a) Proposed Zoning Ordinance amendment re signs facing commercial off-street parking lots. b) Proposed Zoning Ordinance amendment re airport height limits. c) Proposed Zoning Ordinance amendments re OS-A and OS-F permitted and conditional uses; deletion of OS-R and OS-UR Districts; redesignation of OS-UR zoned lands to Planned Development. RE TENT. P.M. NO. 3060, BLUEBELL DRIVE ON MOTION OF CM TURNER, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE REPORT FROM THE PLANNING COMMISSION REGARDING TENTATIVE PARCEL MAP NO. 3060, LOCATED ON BLUEBELL DRIVE, BETWEEN BUCKSKIN RD. AND HOLLYHOCK ST., WAS CONTINUED TO A ~1EETING IN DECEMBER AT THE REQUEST OF THE APPLICANT. ANNEXATION REQUESTS The Council considered the following annexation requests: 1) Chester Andersen - located between I-580 and portola Ave. 2) Robert Ruggles - Livermore Ave. near Las positas Rd. 3) Rick Corbett - Burr Lane near Arroyo Rd. 4) Donald Sue - Pleasant View Ln. off Arroyo Rd. 5) Rick Corbett/Burt Duke - So. Livermore Ave. 6) Larry Robertson - between Concannon Blvd. and Lomitas Ave. 7) Ebert Lounsbury - between So. Front Rd. and Vasco Rd. CM EBERT MOVED TO APPROVE ALL SEVEN ANNEXATION REQUESTS, SECONDED BY CM DAHLBACKA. MOTION PASSED UNANIMOUSLY WITH THE EXCEPTION OF CM STALEY ABSTAINING ON NOS. 3, 4, AND 5. R. Faltings, 1018 Via Granada, commented that the Andersen annex- ation could present a future problem with regard to annexation fees. Mr Reiners noted that the Council does have a formal annex- ation policy which would not be amended by this motion. RESO. RE ZONE 7 TREATED WATER RATE ADJUSTMENTS Zone 7 has requested that the city and the other water retailers allow them to amend their contract to provide annual adjustments of the treated water rate schedule in place of amending the rates once every five years. cr·1-36-314 October 22, 1979 (Reso. re Water Rate Adjustment) Cm Staley said it wasn't clear to him what the relationship was between this item and the previous discussion concerning the raise in rates. The Mayor explained that tonight's item was the result of action taken earlier this month by Council to participate in an annual water rate adjustment as already approved by the other water retailers. t'1l\YOR KAHENA MOVED TO AUTHORIZE THE EXECUTION OF THE AGREEMENT WITH ZONE 7, SECONDED BY CM TURNER. MOTION PASSED 4-1, CH DAHLBACKA DISSENTING. RESOLUTION NO. 306-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Zone 7) RATE INCREASE REQUEST LIVERMORE DISPOSAL Livermore Disposal has requested an increase in their collection rate in accordance with their franchise agreement. The staff recommenda- tion was to refer the rate increase request to the Joint Refuse Rate Review Committee and authorize expenditure of up to $600 for the City's share of the consultant services to assist with the analysis. CM TURNER MOVED TO ADOPT THE STAFF RECOMHENDATION, SECONDED BY Cr1 STALEY. Cm Dahlbacka felt that it was very important that Council look at the figures regarding the rate increase request to avoid paying any costs for the Altamont site and/or the processing facility that is being built at Davis Street which he did not feel was the responsi- bility of this community. t1r Faltings said he would be happy to serve on a committee to review the reasons for Livermore rates being higher than those charged to Dublin users. THE r10TION WAS VOTED ON AND PASSED UNANIMOUSLY. RESO. RE I-580 USAGE A report from the City Hanager recommended that the Council adopt a resolution urging modification to the existing I-580 agreement in order to implement some needed improvements for eastbound motorists. Cm Turner said his concern with the agreement was that if Council goes along with the agreement with the Sierra Club to allow a climb- ing lane but keep the diamond lanes intact, the City would give up a point of attack to try at some future date to open up the diamond lanes for general traffic. He felt that the Council should hold firm, along with Senator IIolmdahl, for the E.I.R. that has already been approved by the Governor. The wording and the intent of the resolution adopted by the County regarding this item was discussed briefly. Cm Ebert was in favor of urging Senator Holmdahl to press on with his continued rejection of the claims of the Sierra Club, and of supporting the complete opening the I-580 to all traffic with no con- strictions. CM TURNER MOVED TO DECLINE TO SUPPORT THE RESOLUTION AND ENCOURAGE THE STATE TO GO AHEAD WITH THE ENVIRONMENTAL IMPACT REPORT AS ALREADY APPROVED, SECONDED BY CM EBERT. CH-36-3l5 October 22, 1979 (Re I-580 usage) Cm Dahlbacka could not support the motion because he felt that the compromise reached was reasonable and that the major constriction on the highways would be opened up. Cm Staley felt the diamond lanes had caused far more problems than they had solved in their present configuration, but felt it was more important to have the two remaining phases of the highway completed with the diamond lane all the way than to risk the delay of the two remaining phases of contruction. THE MOTION WAS VOTED ON AND FAILED 2-3, CM EBERT AND TURNER IN THE MINORITY. Cr.1 STALEY MOVED TO ADOPT THE RESOLUTION, SECONDED BY CM DAHLBACKA. David Eller, Livermore, said that in his opinion adoption of the resolution was the best course of action at the present time. Cm Turner felt that the new E.I.R. would be the best solution and added that he considered the diamond lanes a misuse of taxpayer money. Cm Staley agreed with Cm Turner but felt the practical approach was to adopt the resolution and wait for the two remaining phases of the highway to be completed. THE MOTION WAS VOTED ON AND PASSED 3-2, CM EBERT AND TURNER IN THE MINORITY. RESOLUTION NO. 307-79 A RESOLUTION URGING MODIFICATION OF AGREEMENT RESO. REJECTING CLAIM - HURLEY ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA AND BY A VOTE OF 4-1, CM EBERT DISSENTING, THE COUNCIL ADOPTED A RESOLUTION RE- JECTING THE CLAIM OF JOSEPH AND LINDA HURLEY. RESOLUTION NO. 308-79 A RESOLUTION REJECTING CLAIM (Joseph & Linda Hurley) SU~1ARY OF ACTION P.C. ~ŒETING OF lO/l6/79 A summary of action of the Planning Commission meeting of October 16, 1979 was submitted for information purposes. CONSENT CALENDAR Reso - MSC Irrigation & Landscaping Project The Council adopted a resolution accepting the Multi-Service Center Irrigation and Landscaping project and filing the Notice of Com- pletion. RESOLUTION NO. 309-79 A RESOLUTION AUTHORIZING ACCEPTANCE OF WORK AND AUTHORIZING AND DIRECTING THE RECORDING OF NOTICE OF COMPLETION RE MULTI-SERVICE CENTER IRRIGATION AND LANDSCAPING. CM-36-3l6 October 22, 1979 Reso. re Auto Center The Council adopted a resolution approving a development agreement with Livermore Center Investors Limited. RESOLUTION NO. 310-79 RESOLUTION ACCEPTING AGREEMENT AND BONDS FOR IMPROVEMENTS IN DEVELOPHENT 78.l1 Resos. re Tract No. 4178 Trotter and Dahlbacka The Council adopted two resolutions approving the map and accepting agreement and bonds for improvement of Tentative Tract No. 4178. RESOLUTION NO. 3l1-79 RESOLUTIOn APPROVING HAP OF THE SUBDIVISION OF TRACT 4178 RESOLUTION NO. 312-79 HESOLUTION ACCEPTING AGREEHENT AND CASH BONDS FOR IHPROVE~ŒNTS TO TRACT 4178 CONSENT CALENDAR APPROVAL ON MOTION OF CM TURNER, SECONDED BY CH STAIÆY AND BY UNANH10US VOTE, WITH THE EXCEPTION OF CM DAHLBACKA ABSTAnUNG ON THOSE ITEMS PER- TAINING TO TRACT NO. 4l78, THE CONSENT CALENDAR WAS APPROVED. RULES SUSPENSION TO CONTINUE MEETING It being 11:30, CH TURNER MOVED TO CONTINUE THE HEETING TO l2:00 IvlIDNIGHT, SECONDED BY CM DAHLBACKA. HOTION PASSED UNANHmUSLY. MATTERS INITIATED BY STAFF & COUNCILMEMBERS (Public Utility Rolls) Cm Staley felt that land on the Public Utilities Commission rolls is grossly underassessed and asked staff to prepare a report of land in the city that is taxed by the PUC instead of by the County Asses- sor. Mr Reiners noted that the problem is that Proposition l3 pro- vides for reevaluation only in some circumstances, such as resale or construction. It was the consensus of the Council to discuss the matter as an agenda item at a future meeting. (Re Citizen Surveys) Cm Turner said he had received a letter from James Boyd regarding surveys in the city of Newark for citizen input on certain issues. He asked that it be discussed by the Council as an agenda item. (Sidewalk on Hillcrest) Cm Turner asked that the Public Works Director look into the feasi- bility of having a sidewalk on Hillcrest south of East Avenue across from the new construction being done by Roy Jensen. (LARPD/City Meeting) Cm Turner indicated that the joint meeting that he and Mr Horner had had with the LARPD last September would be discussed as an agenda item at next week's meeting. (Open Forum Philosophy) Cm Turner requested that someone go back and research the philoso- phy and purpose of the Open Forum to be followed by the Council's taking a position on the issue. It was the consensus of the Coun- cil to continue the Open Forum in its present format, until a report can be made to the Council by the City Attorney and the Mayor. CM-36-317 October 22, 1979 (Re LAVWHA) Cm Ebert gave a brief summary of the results of the vote of the Pleasanton and Livermore Councils' representatives to continue Phase II of the Water Reclamation Study. There was some feeling of other LAvv~m members that the study was unwarranted. (Towing of Cars) Mayor Kamena asked if the Council would object if direction was given the City Attorney to draft an ordinance requiring that in the event that a towing company tows a private vehicle to its impound yard, without a request from the Police Department, that the Police Department be given the statistics such as the license number and registered owner, date of tow and destination. He said there seems to be no mechanism whereby citizens who have their vehicles towed without their knowledge and not at the direction of the Police Department, can gain that information. The Council concurred. INTRO. OF ZONING ORD. AMENDMENTS ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE FOLLOWING ORDINANCES WERE INTRODUCED AND READ BY TITLE ONLY: l. First reading, introduce and file, Zoning Ordinance amendment re CN District. 2. First reading, introduce and file, Zoning Ordinance amendment re map - vicinity of Idlewild Ave. and Vasco Road. ZONING ORDINANCE AMENDMENT RE CC DISTRICT CM EBERT MOVED TO ADOPT THE ZONING ORDINANCE AMENDMENT ESTABLISHING A CC (COMMUNITY COMMERCIAL) DISTRICT, SECONDED BY CM STALEY. THE MOTION WAS VOTED ON AND FAILED 2-3, CM EBERT AND STALEY IN THE MINORITY. ADJOURNMENT There being no further business before the Council, the mayor ad- journed the meeting to an executive session at 12:00 midnight. RECONVENE - ACTION RE LAWSUIT, DEN DAAS/JENSEN The Council reconvened briefly following the executive session to adopt the following resolution regarding settlement of a lawsuit. RESOLUTION NO. 321-79 A RESOLUTION AUTHORIZING SETTLEMENT OF A LAWSUIT AND AUTHORIZING EXECUTION OF SETTLEMENT AGREEMENT AND MUTUAL RELEASE AND WARRANTY DEED The meeting finally adjourned at l2:30 a.m. APPROVE /J/¡~~~ Mayor ATTEST Clerk California CM-36-3l8 Hegular Heeting of October 29, 1979 A regular meeting of the Livermore City Council was held on Monday, October 29, 1979, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Kamena at 8:10 p.m. ROLL CALL Present: Absent: Cm Ebert, Staley, Turner and Mayor Kamena Cm Dahlbacka (seated during Open Forum) PLEDGE OF ALLEGIANCE The Mayor led the Councilmemebers as well as those present in the audience in the Pledge of Allegiance. MINUTES APPROVAL, 9/l/79 AND 9/15/79 It was the consensus of the Council to postpone the approval of the minutes until later in the meeting. OPEI'I FORUM (re Open Forum) John Stein, l334 Kathy Way, was in favor of retaining the Open Forum in its present format and hoped that Council would not sac- rifice this privilege. Roman Horkowski, 1987 m~Vaca Way, agreed \..¡Ï th Hr Stein's comments. (Re Rezoning of HEW Building) William Allison, 3610 Madeira \vay, asked Council to consider rezon- ing the HEW Building on East Avenue opposite Research Dr. He said that he would like a conditional use Dermit to hold regular iliurch services in the building. Mayor Kamena suggested that Mr Allison contact IIoward Nies, Planning Director, regarding uses permitted in that zoning. (Re Oakland Scavenger Rates in Livermore) R. Faltings, 1018 Via Granada, asked that Council have Oakland Scav- enger present information regarding the reasons for Livermore rates being higher than the rates in Dublin. PUBLIC HEARING RE AHENDHENT TO RDP A public hearing was scheduled to be held regarding an amendment to the Residential Development Policy. Also to be considered was the Negative Declaration and revised criteria. Cm Ebert said it was his understanding that the RDP had only been available for public review for 2~ business days and he did not feel that was ample time for adequate public review. CM EBERT HOVED TO CONTINUF THE PUBLIC HEARING ON THIS ITEM TO THE nEXT REGULAR MEETING TO BE HELD ON NOVE!-ŒER 13, 1979, SECONDED BY CM TURNER. Cm Turner said he had also had requests to continue this item and asked for a clarification of the necessary procedural mechanics involved. These were discussed and it was decided to open the public hearing at which time a motion to continue would be con- sidered. CM-36-319 October 29, 1979 (P.H. re Residential Development Policy) CH EBERT WITHDREW HIS MOTION. Cm Dahlbacka felt that the finishing of Concannon Blvd. as a major street should be given some priority, and also suggested that it might be reasonable to reconsider the scheduling of the RDP so that developers might be ready to begin construction in April. Mayor Kamena opened the public hearing. CM EBERT MOVED TO CONTINUE THIS PUBLIC HEARING TO THE MEETING OF NOVEMBER l3, 1979, SECONDED BY CM TUIDJER. MOTION PASSED UNANIMOUSLY. RE PARK DEVELOPMENT FEES & LARPD REQUEST A report was submitted by the City Manager regarding park develop- ment fees, City /LARPD split, and a request from LARF I for addi- tional funds. Lee Horner, City Manager, explained that there are basically two funds involved, the park dedication fund supported by in-lieu fees which are earmarked for park acquisition only, and a fund made up of a portion of the business license tax on residential construction which goes directly into the General Fund with a proposed designa- tion of 50% allocation to capital improvement projects. He noted that an ordinance has been prepared at Council's direction allocat- ing 50% to Capital improvement projects although there is no spe- cific indication that those projects will include projects submit- ted by the Park District. Bill Payne, General Manager of LARPD, agreed that changes needed to be made in the Joint Powers Agreement which determines the allo- cation of the in-lieu fees. He said that basically what the LARPD is looking for is an assurance of park funds and specifically re- quested payment to the District for funds expended in the develop- ment of Pleasure Island Park. He agreed with the City Manager's recommendation that 50% of the business license tax fund be used for capital improvements and asked for assurances that park devel- opment would be considered as a capital improvement project. Mr Horner commented that he had not made a specific recommendation regarding the use of the 50% for capital improvement projects be- cause he felt that if a portion of that money is to be given to LARPD, the projects that they want to submit should go through the same priority processing that the City capital improvement projects go through. Mr Payne noted that the original ordinance was done specifically for certain kinds of capital needs and parks was a major portion of that. He felt it should be reinstated. He explained that the State is the largest provider of funds for park development since the LARPD tax money has always been used for maintenance. A general discussion followed concerning the Joint Powers Agreement, the needs of the Park District and the efficacy of possible joint LARPD/City sharing of revenues. Cm Turner suggested designating a portion of the business tax fund to be paid directly to LARPD for park development in order to allow LARPD to budget and plan effectively. Cm Staley said he was reluctant to have another agency determine how portions of money collected by the City are to be spent. He sug- gested having the Park District compete with other civic improvements for a share of the capital improvement budget. CM-36-320 October 29, 1979 (Re Park Development Fees & LARPD Request) Cm Turner disagreed, feeling that the Park District would spend the money wisely and in the best interests of the City. Cm Dahlbacka said that changing the Joint Powers Agreement to make a fraction of the in-lieu fees available for development was, in his opinion, a reasonable idea. Regarding the capital improvements bud- get, he felt that LARPD should be permitted to make applications to that fund for particular projects rather than a guaranteed fraction. Mayor Kamena supported the idea of having the joint committee review the Joint Powers Agreement and try to remedy the defects in it and update it. }1r Horner commented that if Council approves the LARPD request for repayment of monies expended in park development, the money will come from the fund as it existed prior to the adoption of Ordinance #959. ON MOTION OF C~1 TtTRNPR, SECONDFD BY CH EBERT AND BY UNANIMOUS VOTE, THE COUNCIL APPROVED THE LARPD REQUEST FOR $9,080.46 FRŒ1 FUND 95, AS RECOHMENDED BY THE CITY MANAGER. CH TURNER MOVED TO HAVE THE LARPD AND THE CITY MEET TO DISCUSS THE JOIilT pmÆRS AGREEMENT Aim BAKE RECOrHŒìJDATIONS TO BOTH BODIES CON- CERNING PROPOSED AMENDHENTS TO THE JOINT POWERS AGREEHENT AND THE DISPERSAL OF FUNDS FROH THE guSnmSS LICENSE TAX ON RESIDENTIAL DE- VELOPHENT, WITH FULL DISCLOSURE TO COUNCIL OF THE DISCUSSIONS BETWEEN THE TWO STAFFS, THE REPORT TO BE BACK TO COUNCIL BY DECEMBER lO, 1979. MOTION SECONDED BY CM DAHLBACK1\. It was agreed that the park dedication discussion would be part of the Joint Powers Agreement changes that would be considered by the joint committee. Raymond Lynch, 413 Hummingbird, questioned the status of Fund 95 and !1ayor Kamena explained that the reason there still was a balance in that fund was that not all the money was used according to the method set up by ordinance and there was a remainder for which no request had been made. Mr Lynch added that he felt it was time to develop all vacant park land and stop buying additional land for parks. Mr Morkowski asked that the joint committee report be in simple language that the general public could understand. CM EBERT MADE AN AMENDING MOTION THAT THE CITY/LARPD STUDY ALSO IN- CLUDE THE PROPOSED ALLOCATION OF 50% OF THE BUSINESS LICENSE TAX MONIES FROH RESIDENTIAL DEVELOPMENT FOR CAPITAL IMPROVEr,tENTS, SECONDED BY CM TURNER. Cm Dahlbacka did not support the amendment because he felt that the 50% was a policy decision that Council had already made in the budget hearings and which should be implemented in an ordinance. THE AMENDING MOTION WAS VOTED ON AND FAILED 2-3, C~-1 EBERT AND TUR.~ER IN THE MINORITY. THE HAIN MOTION HAS VOTED ON AND PASSED UNANIMOUSLY. CM DAHLBACKA .HADE A HOTION TO IWfRODUCE AND READ BY TITLE ONLY THE ORDINANCE REGARDING THE 50% ALLOCATION OF THE BUSINESS LICENSE FEES TO CAPITAL IMPROVEMENTS, SECONDED BY CM STALEY. Cm Turner did not feel that the ordinance should be introduced tonight since it had not been noticed to the general public as an agenda item. He also felt that the joint committee should be given an opportunity to discuss it. CM-36-32l October 29, 1979 (Re Park Development Fees & LARPD Request) Mr Payne commented that LARPD had worked with the City in establish- ing Ordinance No. 804, and would like the opportunity to at least re- view the present proposed ordinance, since it could change the concept of Ordinance 804. The Mayor supported the authorization of the study of the Joint Powers agreement and had no opposition to taking part of the monies that are required by Ordinance 904 for the dedication of parks and using it for improvements. David Eller, Livermore, asked if the monies borrowed for the comple- tion of the new Administration Building had come from funds set aside by Ordinance 904. It was explained that no money had been borrowed from any park fund for the Administration Building. THE MOTION WAS VOTED ON AND PASSED 3-2, CM EBERT AND TURNER IN THE IvlINORITY. Since the vote was not unanimous, the City Attorney read the pro- posed ordinance in its entirety. It will be returned to Council at their next meeting for second reading and adoption. IMPLEMENTATION PLAN RE LANDBANKING PROGRM1 The Council had previously approved $l95,000 of HCD Block Grant funds for a landbanking program. The staff submitted a report out- lining procedures to be followed for implementation of the program. Staff recommendation was to approve and report and authorize the staff to proceed with the site identification and appraisal. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY A VOTE OF 4-l, CM EBERT DISSENTING, THE STAFF RECOMMENDATION WAS ADOPTED. HERITAGE GUII..D REQUEST FOR SURPLUS FURNITURE The Heritage Guild requested that the city donate to them two desks, two desk chairs, a work table and a typewriter table from the sur- plus furniture in the old administration building. CM TURNER MOVED TO HONOR THE REQUEST OF THE HERITAGE GUILD, SECONDED BY CM EBERT. Cm Turner felt that the cost of the furniture, approximately $350- $500 was a small donation in exchange for all the hours donated and work done by the Heritage Guild for the City of Livermore. Cm Staley did not support the motion because the policy of the Council has always been one of no gifts of taxpayers funds to non-city operated enterprises. He added that he did appreciate the Heritage Guild's assistance to the community. Cm Dahlbacka pointed out that the city does provide in-kind ser- vices to Festival and other civic organizations and since the request was for surplus furniture and not for funds, he could sup- port the motion. Cm Staley commented that in-lieu services are not the same thing as property since Police and Fire protection must be provided by the City. CM-36-322 October 29, 1979 (Re Heritage Guild Request) Gail Shearer, 1972 S. Livermore Avenue, asked the Council to estab- lish a precendent of supporting the preservation of Livermore's history and the telling of that story to the city's adults and children, by honoring the Heritage Guild's request. Cm Dahlbacka said he'd be willina to consider a loan or any other mechanism which would guarantee that the Heritage Guild request could be honored. He felt that Council policy should be maintained. (Recess) Mayor Kamena called a brief recess after which the meeting resumed with all Councilmembers present. (Re Heritage Guild Request) CM STALEY MADE A SUBSTITUTE HOTION TO NOT PLACE THE FURNITURE IN QUESTION IN THE AUCTION AND TO CONTINUE IT IN THE OhTNERSHIP OF THE CITY, PLACING IT I:'1 THE CARNEGIE BUILDING UNTIL IT IS NEEDED AGAIN, SECONDED BY CH DlUILB.1\.CKA. J'.10TION PASSED UNANIHOUSLY. (Cm Staley was excused because of illness.) ANNEXATION REQUESTS , ~ v Annexation requests have been received from the following: 1. Delwyn Lounsbury - area east of Arroyo Rd., approximately 300 ft. north of Pleasant View Lane, 4.85 acres. 2. Ebert Lounsbury - area north of Pleasant View Ln., 10 acres. 3. Ì1organ-Pacific Development, Inc. - area west of Arroyo Rd., north of Superior Dr., 20 acres. 4. Associated Professions Inc. - area at the north-east inter- section of East Ave. and Vasco Rd., 32 acres, Westside Invest- ment Company. CM TURNER MOVED TO APPROVE THE AnNEXATION REQUESTS FOR SUBMITTAL TO LAFCO, OF ASSOCIATED PROFESSIONS, INC. AND OF MORGAN-PACIFIC DEVELOP- HENT COMPNAY, SECONDED BY r'1AYOR KþJ:,iEIJl\.. Cm Dahlbacka felt that all reasonable annexation requests that are within the city's General Plan area and that can be reasonably ser- viced should be approved by Council for submission to LAFCO. At the request of the mayor, Mr Nies explained the location and boundaries of the properties under discussion. THE MOTION ~\fAS VOTED ON AND PASSED UNANIMOUSLY. CM DAHLBACKA MADE A MOTION TO APPROVE THE LOUNSBURY ANNEXATION REQUESTS (NOS. lAND 2), SECONDED BY CH TURNER. Cm Turner expressed concern that approving the Lounsbury requests would create an island of County land. Ed Schilling, Assistant City Manager, explained that in conjunction with the annexations that Council approved last week and which will be forwarded to LAFCO, there will be an 80± acre area that would be proposed for annexa- tion which still leaves an island of County land which has not been approved for annexation. The staff recommendation has been that Council inform the property owners proposing annexation that they should attempt a consolidated annexation with those property owners. CM-36-323 October 29, 1979 (Re Annexation Requests) Cm Dahlbacka supported the annexation request because he felt it would lead to the eventual completion of the Concannon extension which he felt was sorely needed by the community. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. HEARINGS SET FOR G.P. AND ZONe ,ORD. AMENDMENT ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE THE FOLLOWING PROPOSED GENERAL PLAN AND ZONING ORDINANCE AMENDMENTS WERE SET FOR HEARING ON NOVEMBER 26, 1979. Third General Plan Amendment - 1980 Zoning Ordinance text amendment re CP, CO, CB, CS and CG Districts; Section 2l.55 re day care center for six or less children. PLANNING CO~~ISSION MINUTES - 10/9/79 ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 9, 1979 WERE NOTED. CONSENT CALENDAR Reso. re General Plan Amendment The Council adopted a resolution amending the General Plan re- garding the Housing Element and the Public Facilities and Ser- vices Element. RESOLUTION NO. 313-79 A RESOLUTION AMENDING THE GENERAL PLAN: HOUSING ELEMENT AND PUBLIC FACILITIES & SERVICES EJ.ÆMENT Resos. of Appointment The Council adopted two resolutions approving appointments to the Beautification Committee and the Planning Commission. RESOLUTION NO. 314-79 A RESOLUTION FOR APPOINTHENTS TO THE BEAUTIFICATION CO}~ITTEE (Bridget H. Borchers and Jean M. DuVal) RESOLUTION NO. 315-79 A RESOLUTION FOR APPOINTMENT TO THE PLANNING cor-mIssION (Helen Tirsell) Re CUP - Kentucky Fried Chicken The Council adopted a resolution approving a CUP for Kentucky Fried Chicken. RESOLUTION NO. 316-79 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (Kentucky Fried Chicken) CH-36-324 October 29, 1979 Reso. Rej. Claim The Council adopted a resolution rejecting the claim of Leslee P. Benedix. RESOLUTION NO. 317-79 A RESOLUTION RE,JECTING CLAH1 (Leslee P. Benedix) Re Uncollectible Accounts The Council adopted a resolution authorizing procedures covering collection methods and write-off of uncollectible accounts. RESOLUTION NO. 318-79 A RESOLUTION APPROVING POLICY RELATING TO BILLING, COLLECTION AND WRITE-OFF OF UNCOLIÆCTIBLE ACCOUNTS. Reso. re Electronic Processing Services The Council adopted a resolution authorizing an agreement with Optimum Systems, Inc. of Santa Clara for EDP services. RESOLUTION no. 319-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Optimum Systems Incorporated) Reso. re Zone 7 - Springtown Golf Course The Council adopted a resolution authorizing execution of contract with Zone 7 for untreated water service at Springtown Golf Course. RESOLUTION NO. 320-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Zone 7) Payroll and Claims There were l16 claims in the amount of $295,435.06, 293 payroll warrants in the amount of $58,465.33, 277 payroll warrants in the amount of $127,550.70, less RePo agreement in the amount of $300,000, for a total of $781,451.09, dated October 23, 1979, and approved by the City Manager. There were 72 claims in the amount of $93,299.66, dated October 24, 1979, and approved by the Ci ty ~1anager. CONSENT CALENDAR APPROVAL ON MOTION OF CM DAHLBACKA, SECONDED BY HAYOR KAHENA AND BY UNANIMOUS VOTE WITH THE EXCEPTION OF C~'Í EBERT VOTING NO ON 6. 2b (PLANNING COMMISSION APPOINTMENT), THE CONSENT CALENDAR WAS APPROVED. The possible ramifications of a no vote on the Consent Calendar approval were discussed briefly. CH-36-325 October 29, 1979 MATTERS INITIATED BY STAFF & COUNCILMEMBERS (December Heetings) It was the consensus of Council to schedule meetings for Dec. 10 and Dec. l7, with the first January meeting to be held on the regular meeting date of January 7, 1980. (Comm. to Nuclear Regulatory Commission) Cm Dahlbacka suggested sending a communication to the Nuclear Reg- ulatory Commission thanking them for their deliberation on the G.E. Vallecitos issue and the decision they made. It was discussed and since there was no consensus it was decided that a letter would be drafted and those Councilmembers who wished could sign it. (Salary of City Treasurer) Cm Turner requested that the salary of the City Treasurer be placed on a future agenda for discussion. The consensus was to submit the request to the City Manager for a report back to Council. (Re New Flag) Cm Ebert requested that the flag on the flagpole at First St. and South Livermore Avenue be replaced since it is in badly deteriorated condition. Council concurred. INTRO. OF ORD. RE PD DISTRICT CM TURNER MOVED TO INTRODUCE AND REÞ.D BY TITLE ONLY THE ZONING ORDINANCE AMENDMENT TO ESTABLISH PD DISTRICT - AREA ON THE WEST SIDE OF KITTYHAWK BLVD, SOUTH OF I-580, WITH ONE CHANGE: THAT THE PARKING STALL WIDTH BE 9 FEET INSTEAD OF lO FEET AS PROPOSED. Ì"lOTION WAS SECONDED BY CM EBERT AND PASSED UNANUlOUSLY. ORD. RE HANDBILLS CM TURNER MOVED NOT TO ADOPT THE MUNICIPAL CODE AMENDMENT RELATING TO HANDBILLS AND OTHER ADVERTISING MATTER, SECONDED BY CM DAHLBACKA. Cm Turner said that many people had contacted him expressing oppo- sition to the ordinance. He added that he felt it was unenforce- able and unnecessary. Cm Dahlbacka did not want to see an abridgement in this fashion of the freedom of the press, of religion, or of political statements. Mayor Kamena felt that the ringing of the doorbell which would re- sult from the posting of a "no advertising" sign would be more of a nuisance than the litter on one's doorstep. Cm Ebert stated he would like to see the ordinance adopted because he felt that citizens should have the right to keep people or objects off their property if they so desired. He requested the City Attorney to give his interpretation of the trespass ordinance. Mr Reiners explained that the invasion of another person's property by any means is a civil or technical trespass. Criminal trespass, however, which is prohibited by State law, required the actual physical presence of a person on the property, he thought. CM-36-326 October 2~, 1979 (Handbill Ordinance) Cm Ebert said that many people misunderstood the intent of the pro- posed ordinance, thinking it was a total prohibition of everything that the person had not specifically subscribed to. He felt it was simply designed to protect the rights of the individual property owner with the least infringement of other rights. THE HOTION WAS VOTED ON AND PASSED 3-1, C~1 EBERT DISSENTING. HUNICIPAL CODE AND ZONING ORDINANCE AHENDMENTS A HOTIO'N TO APPROVE AND DIRECT THE APPROPRIATE DISPOSITION OF THE FOLLO~HNG ORDINANCE AJ'1ENm-1ENTS WAS HADE BY CH TURNER AND SECONDED BY CH DAHLBACKA. (Code Amend. re Sewers) FIRST READING, INTRODUCE AND FILE, HUNICIPAL CODE AJ'I1ENDHENT RE SEWERS - DISCOUNT FOR UNIFOR.H J..LARGE-QUANTITY DISCHARGERS. (Hun. Code Amend. re Attic Fans, Buildings) FIRST' EADING, INTRODUCE AND FILE, MUNICIPAL CODE MŒNDMENT RELATING TO ATTIC FANS, INSPECTION FEES, ENERGY CONSERVATION, ALL RELATING TO B lILDINGS . (Zon. Ord. Amend.) FIRST REl\DING, INTRODUCE AND FILE, ZONING ORDINANCE N1ENDMENT - REZONE AREA ON THE SOUTHWEST CORNER OF OLIVINA AVE. AND MURRIETA BOULEVARD. (Zon. Ord. Amend.) FIRST READING, INTRODUCE AND FILE, ZONING ORDINANCE ANENDHENT - REZONE AREA NORTH OF HARTFORD AVE. Arm EAST OF' LORRAINE ST. (Zon. Ord. Amend.) FIRST READING, INTRODUCE AND FILE, ZONING ORDINACE AMENDMENT - REZONE AREA ON THE SOUTmvEST CORNER OF EAST AVE. AND HILLCREST AVE. Mr Stein commented that the report on the proposed ordinance regard- ing discounts for uniform large-quantity dischargers seemed vague in that nowhere is mention made of the possible loss of revenue if this item passes. He also asked what benefits the City of Livermore would gain by reducing Intel's present fee, noting that he felt Intel would be the only discharger in the near future who would fit the require- ments of this ordinance. He felt that more discussion was needed on these questions. Cm Ebert, one of the members of the subcommittee which met with Intel, acknmvledged that he felt these questions were adequately addressed by the subcommittee. He gave a brief synopsis of their discussions and the recommendations made based on the reports of several consultants. Cm Dahlbacka requested that the record show he opposed the adoption of the Zoning Ordinance amendment regarding the rezoning of the area north of Hartford Ave. and east of Lorraine St. Hovlever, to facilitate City Council business, he would vote aye on the motion. CM-36-327 October 29, 1979 (Re Ord. Amendment) MAYOR KAMENA HADE AN AHENDING MOTION WITH REGARD TO THE MUNICIPAl.. CODE AMENDMENT RELATING TO ATTIC FANS: TO DELETE THE SECTION THAT REQUIRES THE INSPECTION WHEN OWNERSHIP CHANGES, SECONDED BY CM EBERT. Mayor Kamena also suggested eliminating the other part of the in- spection and thereby eliminating the fee also. THE AMENDING HOTION WAS VOTED ON AND PASSED 3-l, C~1 DAHLBACKA IN THE MINORITY. THE MAIN MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. ZONING ORDINANCE AMENDMENTS CM TURNER MOVED TO APPROVE THE SECOND READING AND ADOPTION OF THE FOLLOWING ZONING ORDINANCE AMENDMENTS, SECONDED BY CM EBERT. (Zon. Ord. Amend. re CN District) SECOND READING AND ADOPTION - ZONING ORDINANCE AMENDMENT RE CN DISTRICT, VARIOUS SECTIONS, CONDITIONAL USE PERMITS: NOISE STAN- DARDS ALL PERTAINING TO CN DISTRICT. (Zon. Ord. Amend. re Rezoning) SECOND READING AND ADOPTION - ZONING ORDINANCE AMENDMENT - REZONING OF AREA IN VICINITY OF IDLEWILD AVE. AND VASCO RD. THE HOTION WAS VOTED ON AND PASSED UNANIMOUSLY. MINUTES APPROVAL - 10/l/79 & lO/15/79 ON MOTION OF CM TURNER, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE MINUTES OF THE MEETINGS OF OCTOBER 1 AND OCTOBER l5, 1979, 1i'7ERE APPROVED WITH THE FOLLOWING CORRECTIONS: p. 295: 4th para., date for public hearing was October 15, 1979, instead of September 15, 1979. p. 295: 7th para., should read "The amending motion was voted on and passed 4-l, Cm Dahlbacka in the minority." p. 300: First para. re public hearing, line 8, delete the period (.) after "requirements" and add "including the consideration of a General Plan amendment to make some sewer capacity avail- able for residential purposes." ADJOURNMENT The meeting was adjourned by Mayor Kamena at ll:20 p.m. The next regular meeting will be November 13, 1979. APPROVE /J72~#~ Mayor ATTEST ~~~ CJ.ty Clerk Livermore, California CM-36-328 !3-egular )'1eetinq of U~vcmber 13, 1979 A regular meeting of the Livermore City Council was held on Tuesday, :Jovember 13, lQ79, in the Tlunicipal Court Chambers, 39 South Livermore Avenue. 'l'h'? T:\eetinq was called to order by Nayor Kamena. ROIJL CALL Present: Absent: Cm Ebert, Turner and !layor Kar:tena Cm Dahlbacka (excused - business), Cm Staley (seated later) PLEDGE OF ALLEGIA:L1CE Mayor Kamena led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. SPECIAL EVENTS Mayor Kamena extended a ,velco!"".e to the p1embers of Cub Scout \Jebelos Den 1, Pack 950, who were then introduced by Jerry Easkins. MINUTES ]\.PPROVAL, 10/22 AND 10/29/79 ON HOTION OF C:H TURNER, SECONDED BY CH EBERT AND BY UNANIMOUS VOTE, THE r.1INUTES OF ~HE ~mE':::'INGS OF OCTODER 22 AND OCTOBER 29, 1979, HERE APPROVED AS SUBHITTED. OPEN FORmI (Re Energy Ordinance) Burt Gasten, Energy COITm1ittee, asked for a clarification of the Energy Ordinance. l'1ayor I~amena explaincí1 that the ordinance did have deleted from it the option for a licensed real estate broker to certify that the requirements had been met. Regarding insulation, his understanding was that it was still required, although the in- spection at time of ownership was deleted. Gary Reiners, City httorney, stated that the option of broker certi- fication had not, as yet, been formally deleted from the proposed ordinance, and noted that the ordinance would be brought back to Council for second reading in the near future. (Re Onen Forum Privilege) Cm Ebert requested that people ,vho use the Open Forum to vTaste Coun- cil's time should be ruled out of order and asked to sit down. Mayor Kamena said he was reluctant to make a ruling that would pre- vent a citizen from speaking on a subject that is not on the agenda. (Cm Staley seated) Homan ~1orkowski, 1987 De '\Taca Way, felt that the Open ForUM privilege was necessary to produce Deaceful change within a community. (Re Lighting - 1st St.) David Eller, Livermore, suggested replacing the lights on First St. with some similar to those on Second St., with those from First St. to be reinstalled in industrial areas ,;:!hich are currently beiWJ built in Livermore. At the request of ~layor Kamena, Mr Eller said he would submit his suggestions in writing to the Council for their consideration. The on-street parking in the vicinity of Lyons and Sambos restaurants was discusseð briefly. Dan Lee, Director of Public ~~orks did not CH-36-329 November 13, 1979 (Re Lighting - 1st St.) feel that the on-street parking in the area was interfering with the flow of traffic. Lee Horner, City Hanager, noted that a study is being done concerning traffic needs on Stanley Blvd. and it might be possible to include the area under discussion. (Re Open Forum) Kay Parra, Livermore, commented that in her opinion citizens come to the Open Forum because they have not been able to contact Council- members by phone. PUBLIC HEARING RE RDP AMENDMENT This hearing, concerning amendment to the Residential Development Policy, Negative Declaration and revised criteria, was contined from the meeting of October 29. Howard Nies, Planning Director, explained the major changes stating that there is value given for tentative maps approved in 1978, that they were given 40 points. He noted that the maximum number of units that can be approved for one project has been recommended for change to 75 units, and the sections regarding design diversity and major facilities has been rewritten. lIe added that priority processing for low-income subsidized projects was also a major change. One error was noted on p. 11, D (2) of the RDP: the maximum number of points should be l85. Mayor Kamena opened the continued hearing. Rena Clements, representing the Building Industry Association of Northern California, noted that Council had received a communication from BIA outlining their concerns regarding this issue. She noted that members of the review committee are at tonight's meeting to answer any questions which Council might have. John vlilliams, realtor, 650 California St., San Francisco, felt that the portion of the RDP dealing with the phasing map needed clarification due to vague language, and suggested alternate word- ing for the short-range section regarding existing developed areas. Darrell Graves, Lexington Homes, noted that his company had also sent Council a communication regarding this item and asked if Council had any questions. He felt that projects such as the one his company is undertaking in Livermore should not be counted as part of the growth rate. He also suggested counting the moderate income units, but exempting the low-income units, or counting some units on a half basis, such as counting 150 units as 75 units. R. Faltings, lOl8 Via Granada, felt that serious consideration ought to be given to maintaining the 2% growth rate in order to avoid future problems related to growth in Livermore. ON MOTION OF CM TURNER, SECONDED BY Ct1 EBERT AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. Cm Turner did not feel that projects such as the Lexington Project should be exempted from the growth rate. Cm Ebert did not agree with the 2% growth rate requirement but did not feel that subsidized units should be exempted from it. CH-36-330 IIovember 13, 1979 (P.E. re RDP Amendment) Cm Turner felt that Mr William's suggestion regarding language changes on p. 10 of the RDP had merit. He also felt that the sug- gestion made by the Building Industry Association that exempt pro- jects be increased to 10 units or lots and less would allow for more fill-in projects within the city. lIe suggested that rather than holding 25 units for exem.ptecl proiects, it would be better to have it 10% of the quota but not less than 25 units in a calendar year. CH TURUER HOVED TO mWE 10% OF THE QUOTI\ BUT NOT LESS THAN 25 mIlTS DE EXEMPTED FOR PROJECTS OF 10 OR. LESS, SECONDED RY~1AYOR KAMEUA. !1ayor Kamena said he liked the spirit of the motion but was concerned that the building of homes by in0ividual citizens might be hampered if the motion vias approved. He suggested 10 or less vlÌ th a maximum of 50. Cm Turner said he shared r1ayor Karnena's concern and agreed TO INCOR- PORATE A HAXI1I1UH 01<' 50 1'J HIS ~lOTION. Mr. Nies said he thought there were about 35 undeveloped single- family lots in Liver~or0 at t~e present time, in addition to some underdeveloped lots. He agreed that there are an average of 13-18 building requests a yea¿ for single lots of record. THE HOTION toJAS VOTED œJ AND Pl\.SSED UTV\!'JIHOtTSLY. Regarding p. 2, Sec. 2 a), Cm Turner felt that the word "subsidized" should be deleted. Cm Staley agreed. Ed Schilling, Assistant City Attorney, noted that one of the reasons the word "subsidized" was recommeded was because of concern for mak- ing certain that the Citv have some program that would attract hous- ing for the very low-income level. He recommended retention of the wording. Cm Ebert was not in favor of the concept or of the retention of the wording. CM TURNER MOVED TO ADOPT TEE RECOWrCNDATIONS OF THE PLANnING comns- SION REGAR.DPJG AHElJDftElJT OF THE TlESIDE'NTIAL DEVJ:':LOPMENT POLICY WITH THE EXCEPTION OF THE ~.Þ..TTER VOTED ON ABOVE, SECOHDED BY CH STALEY. Cm Staley said he understood the position of j\1r Hilliams, but felt the point of that particular section of the RDP (p.lO, 1) was to encourage in-fill. Cm Turner suggested that ¡'1r. Williams's comments and the letter signed by Ms Clements be referred to the Planning Commission for consideration and a report back to Council. Council concurred. The intent of the word "developed" was discussed briefly wi th~1r Reiners noting that the he felt the intention of the Planning Com- ¡nission was that it meant exactly what Webster's defines it as mean- ing. If it is being used within it's zoning category it is developed. Leo Parry noted that the comnunication from the Building Industry Association was a compendium of input already given to the Planning Commission at various times in the past. He said that he would like the Council to discuss tonight each point brought out in the co¡rrmun- ication rather than referring it to the Planning Commission. Cm Turner felt that a staff analysis of the letter was necessary because some of the suggested changes might affect the entire RDP. lIE AGREED TO INCORPORl\'I'E IJ'J HIS ~mTION TIlE REPERR.hL TO STAPF OP THE LE'2:'TER OF COH!mnTS FROH THE BIA 1<'OR REPORT BACK TO COUNCIL AS 7\N AGENDA ITm~ SO THAT FURTHER POTENTIAL l\c"'1E":'m~Œ"'JT COULD mAKE PLACE. ell - 3 G - 3 31 November 13, 1979 (P.H. re RDP Amendment) A lengthy discussion followed concerning the Building Industry Asso- ciation comments, the necessity of reagendizing part or all of this item, and the effect passage of the motion on the floor would have on the FDP document. Hr Nies pointed out that there is no more sewer capacity under the General Plan for residential development. Hr Nies went through the changes that would take effect if the motion passed. lie explained that Council had already voted on the exemptions on p. 2. Other changes include: the provision for priority processing for subsidized housing; schedule change to Dec. 14 for the 1980 plan; p.7 - the addition of II F regarding 40 points for projects having 1978 approval; p.8 re assignment of points by Police Dept.; p.9 re- garding points for major projects; pp. 9, 10, and 11 regarding phas- ing map points; p. II regarding design diversity and conservation; and extensive revisions on p. 12 E regarding housing mix. The section on subsidized housing was discussed briefly and CM EBERT !1ADE AN AMENDING MOTION THAT THE ~10RD "SUBSIDIZED" NOT BE INCORPOR- ATED IN THE SECTION OF THE PDP REGARDING EXE~1PTIONS FROH THE RDP FOR DEVELOPMENTS THAT HAVE 20% OR MORE LŒJ-INCOME UNITS. Tl10TION DIED FOR LACK OF SECOND. Cm Ebert was in favor of postponing a decision on this entire item until after the first of the year since some of the rules are being changed which could lead to misunderstanding. ca EBERT HOVED TO POSTPONE THE DATE FOR PINAL ACCEPTANCE OF APPLI- CATIONS SUBMITTED UNDER THE RDP FROH DECEMBER l4 TO FEBRUARY l, 1980, SECONDED BY CH TURNER. Mayor Kamena expressed concern with the unavailability of sewer capacity since establishing a deadline date and processing appli- cation implies availability of sewer capacity. Cm Ebert stated that the Feb. 1 date would give the City one month's experience on the pipeline, which will make a great difference in the city's ability to handle waste water. Cm Turner did not feel the scheduling should be tied to the capacity, and added that the scheduling is designed to take advantage of the best building time. Cm Staley asked when the ideal time was to have the RDP schedule operate for someone who intends to do a development so they will receive approval by an appropriate date. Earl Mason stated that it would be March 1 to April l. He suggested that the whole process could be gone through with no commitment from the City on the sewer permits. C1 STALEY MA IE A SUBSTITUTE AMENDHENT TO CHANGE THE DE.N LINE DATE OF APPLICATIONS TO JANUARY l, 1980. CM EBERT AGREED TO INCORPORATE CM STALEY'S MOTION INTO HIS fu~ENDING MOTION WHICH WAS SECONDED BY CN TURNER. Don riiller, Livermore, felt it would be reasonable to allow public comment just before Council makes a decision because frequently the Council discussion includes matters which did not come up during the public hearing. The rules regarding testimony were discussed briefly. Regarding the scheduling, Mr Miller thought it would be a good idea to start early since a long postponement might imply that the pres- sent rules would apply for 1980. CH-36-332 Novpmher 13, 1979 (Recess) Hayor Kamena called for a brief recess after which the meeting re- sumed with all Councilmembers present except for Cm Dahlbacka. (P.H. re RDP Amendment) It was agreed that representatives of the BIA would be allowed to meet with the staff at the time that the staff is considering the comments made in the Building Industry Association letter. In accord with the comments at the top of the agenda sheet, the I1ayor asked if there ~..,ere any menbers of the audience who Ý'lished to speak prior to the taking of the vote. THE AHElJDING HOTION REGARDING THE SCHEDULL WAS VOTED ON AND PASSED UNAND10USLY. THE II.ßIN MOTION vlAS VOTED ON AND PASSED UNANIHOUSLY. PUBLIC HEARINGS RE ZONPTG ORDINANCE TEXT AHENDHENTS A public hearing was held regarding proposed Zoning Ordinance amend- ments to text as follows: OS-A (Open Space-Agricultural) and OS-F (Open Space-Flood) Dis- tricts relating to permitted and conditional uses therein. Deletion of the OS-R (Open Space-Rural Preservation) and OS-UR (Open Space-Urban Reserve) Districts. Redesignation of OS-UR District to PD (Planned Development) District. Subsections 2l.75-H and 2l.75-K-ll: Allowable square footage - signs facing conmercial off-street parking lots. Sections l4A.73, 20.80 and 20.81 re Height Limits surrounding Airports. J1r. Nies noted that the redesignation of OS-UR to PD was simply a change in terminology. Hayor l\amena opened the public hearing. John Williams asked for a clarification regarding the redesignation of OS-UR to PD District. Mr Nies explained that the language changes being made on the 0S zone are to make it consistent with the General Plan. The redesignation is a consolidation so that the city has one Planned Development District and so that it ties in with the General Plan r1r Parry asked what the hei0ht limits and the specific areas were that were addressed by Sections 14A.73, 20.80 and 20.81. Mr Nies stated it "JaS 40 feet and within 5000 feet of the airport, as rec- ommended by the FAA. In reply to Mr Parry's question re0arding easements in the area, Tlr Reiners noted that the aviqation easement is an air, noise and use easement. lIe explained that the effect of the language change is essentially a bool:keeping requirement for the r::'.'f\A, which does not really substantively effect the regulations already in existence. Cvl-36-333 November 13, 1979 (P.n. re Zoning Ordinance Text Amendments) Mr ~1iller felt that if Council was going to set areas aside for residential development, in the PD District, Council should decide \vhat will be done in those areas and zone them the appropriate RS zone consistent with the General Plan. CM. STALEY MOVED TO CLOSE THE PUBLIC HEARING, SECONDEI) BY CM TURNER. o~ .li¿,.,., I. 'L ~ HAYOR KAHENA MADE AN AMENDING MOTIONITHAT EITHER THE DISCUSSION RE- GARDHJG THE FIRST THREE AMENDMENTS fEE POSTPONED UNTIL SUCH TIME AS COUNCIL HAS THE CONDITIONS FOR THE PD DISTRICT, OR THAT THE PUBLIC HEARING BE CONTINUED UNTIL THAT TIME. After a brief discussion of the mechanics involved, CM TURNER MADE AN AHENDING MOTION TO HOLD THE PUBLIC HEARING OPEN ON ITEH 1.2 (THE FIRST THREE PROPOSED AMENDMENTS). ~lOTION DIED FOR LACK OF SECOND. Cm Staley said he was agreeable to closing tonight's public hearing since there would be another public hearing on the standards. THE FIRST AMENDING MOTION ~vAS l'JITHDRAl~J. THE MAIN MOTION WAS VOTED ON AND PASSED UNAT'·JPiOUSLY. CM STALEY MOVED TO APPROVE PASSAGE OF THE ZONING ORDINANCE AMEND- MENTS AS REcommNDED WITH TI-IE EXCEPTION OF THE CONTINUANCE OF THE ISSUE REGARDING THE OS-UR CHANGE TO PD TO THE SAME AGENDA AS THE STANDARDS ON THE PLANNED UNIT DEVELOPMENT, SECONDED BY CM TURNER. Cm Ebert expressed concern with the height limits within a mile of the airport, feeling that they were too stringent. Mr Nies said that the FAA requires the establishment of a height limit around the airport. THE HOTION vJAS VOTED ON AND PASSED UNANHlOUSLY. Cm1HUNICATIONS The following communications were received by the Council: 1. Resignations from the following: Randall Schlientz - Design Review Committee Norman Hong - Beautification Committee Julia Estabrook - Beautification Committee 2. From Don H. Garka - suggesting that a Zoning Ordinance amend- ment be considered regarding irrigation systems, water short- age possibilities and plantings. 3. From John Stein with COmTI1ents regarding the City's sewer service charge. CH TURNER MOVED TO SEND A LETTER OF THANKS TO EACH OF TIm RESIGNING COMMITTEE MEMBERS FOR A JOB WELL DONE AND TO REFER THE CO~1UNICATIONS FROM MR GARKA AND MR STEIN TO STAFF, SECONDED BY CH EBERT. Mr Miller co~~ented that sewer service charges are historically for operation and maintenance, while sewer connection fees, State and Federal grants, and bond issues are for capital expansion projects. In his opinion the Council had used sewer service charges for sewer expansion projects. lIe felt that if the sewer connection fees aren't enough to take care of the expansion of the sewer plant, they should be increased, and that growth should pay its own way. C~1-36-334 november 13, 1979 (re Communications) CH STALEY H2'\DE Þ. SUBSTITUTE HOTION TO NOTE AND FILE ITEHS 1 Aim 3, AND TO REFER ITm1 2 TO STAFF, SECONDED BY Cf'1 EBERT. r1r Eller asked if there would be a Council discussion of the sewer service charges. He felt it was an important issue and should be discussed. Don Garka, 759 Alexander, asked when any action would be taken on his communication to Council. Mayor Kamena explained that if the motion passed, his letter \vould be referred to the City Hanager ý¡ho would, with staff support, analyze }1r Garka's suggestions and decide on reco~~endations to be made to Council, if necessary. He also explained options available if the City 11anager recommended no action at this time. Cm Turner said that staff had indicated that they would like to re- spond to Mr Stein's letter so he could not support the motion on the floor. THE SUBSTITUTE HOTION WAS VOTED ON AND FAILED 2-2, ~1AYOR KAIvIENA A],·1O CH TURNER DISSENTING. TIlE ORIGINAL MOTION ~'lAS VOTED on AND PASSED UNANIMOUSLY. CONT. DISC. - NOTICE OF OVERCROWDING AND REQUEST POR FEE ESTABLISHMElJT Discussion continued regarding a notice of overcrowding in the high schools and a request for fee establishment from the Livermore Uni- fied School District. ~layor Kamena said that as a result of discussions with the Livermore School District staff and President of the Board, a continuance of this item had been requested. He noted that Cm Staley had prepared a letter reqarding this matter. The Mayor added that he felt there were two questions before Council in addition to those addressed by Cm Staley's letter: the legal applicability of anything that the City might initiate in concert with the Livermore School District; and, the issue of permanent facilities. Since neither of these issues had been resolved, he suggested that two members of the Council who had not as yet heen members of the Council/School District sub- committee, volunteer to serve on that committee to gain the benefit of direct input on the issues involved. CH EBERT ~lOVED TO APPOINT C~l STALEY AND TURNER TO THE SCHOOL DISTRICT/ COUNCIL SUBCŒ1J'UTTEE, SECONDED BY HAYOR KAJ'vlENA. Cm Staley said he felt ohligated to serve on the committee because of the importance of this item and his feeling that it had not been properly addressed. Cm Turner stated that he agreed with the questions raised in Cm Staley's letter and agreed to serve on the subcomMittee. Council concurred \1ith the contents of Cm Staley's letter which will be forwarded to the Livermore Unified School District with notation of Council's concurrence. THE flOTION PASSED UTU\.}JUmUSLY. cr·1- 3 6- 3 35 November 13, 1979 RE 1980 SEWER CAPACITY A report was submitted by the City Manager regarding 1980 sewer capacity and allocations for residential permits. He recommended that the Council consider deferring the 1980 sewage allocation for residential development until the Council is assured that the plant can handle the additional capacity which might occur some- time in 1980 after a reevaluation of plant flow. CM TURNER MOVED TO ACCEPT THE CITY MANAGER' S RECm1Jl1ENDATIO~I, SEC- ONDED BY CM EBERT. f'.layor Kamena said that at the moment he could not come to the con- clusion that there was sewer capacity available for residential purposes in 1980. He felt that Council was constrained by laws that are currently in effect in Livermore not to issue permits for capacity that is not available, and suggested that the actual allocation for residential be sidestepped until such time as the City is in a position to actually offer them, and to postpone Inaking a decision on the RDP processing to avoid the accusation of implied promises. He felt the best approach would be to table the item until such time as additional capacity is found. Mr Parry felt that the processing should not be postponed and sug- gested the inclusion of a waiver with each individual application. He asked if the Ordinance, as ylri tten, precludes the cumulative granting of permits on a two-year basis. Mr Reiners stated that the language of the General Plan is very specific, that the 2% growth rate is non-cumulative and must be calculated on a calendar year basis. The ramifications of and the implications resulting from going through the RDP processing were discussed. Also discussed was the scope of discussion which could be allowed on this item. (Rules Suspension) NAYOR KAMENA H.OVED TO SUSPEND THE RULES TO ALLOtV' THE MEETING TO CONTINUE TO 12:15 A.H., SECONDED BY CM TURNER. THE MOTION WAS VOTED ON AND FAILED 2-2, CM EBERT AND STALEY DISSENTING. CM STALEY MOVED TO CONTINUE THE HEETING TO MIDNIGHT, TO REORDER THE AGENDA TO DEFER THE ITEM UNDER DISCUSSION AND TO CONTINUE ON TO NE~7 BUSIUESS, SECONDED BY CM EBERT. CM EBERT MADE AN AMENDING MOTION TO DEAL WITH THE CONSENT CALENDAR AND THE ORDINANCES BEFORE DISCUSSING NEW BUSINESS, SECONDED BY CM STALEY. MOTION FAILED 2-2, MAYOR KA.HENA AND CM TURNER DISSENTING. l'1AYOR KAMENA MADE AN }lJ1ENDING MOTION TO DEAL WITH THE CONSENT CAL- ENDAR AND THE ORDINANCES AND HAVE AS THE NEXT ITEM OF BUSINESS THE DISCUSSION OF ITEM 5.3 REGARDING THE SUPERBLOCK SITE PLAU, SECONDED BY CM STALEY. !10TION PASSED 3-1, C~1 TURNER DISSENTING. THE M..1UN MOTION WAS VOTED ON AND PASSED 3-1, CH TURNER DISSEnTING. (Re 1980 Sewer Capacity) Phil Judge, Kaufman & Broad, asked that Council not delay the pro- cessing since there is a lot of time, energy and money being in- vested in development in the City of Livermore. Cl-36-336 November 13, 1979 (Re 1980 Sewer Capacity) MAYOR KA11EUZ\. X;Þ.DE AN }\~ŒNDING NOTION THAT AT SUCH TIME PRIOR TO FEB- RUARY 1ST TIIÞ.T THE STAFF INTRODUCES THE AGENDA rrEH FOR DISCUSSIOn OF POTENTIAL RDP AJ'1ENmmnT, THAT A DISCTJSSION OF THE RDP TIMETABLE ALSO BE INCLUDED Z\S ONE OF THOSE POTENTIAL AMENDT\.1LrfTS, SECONDED BY Crl STALEY. THE MOTION PASSED tnJANH!OUSLY. THE '1AIN HOTION WAS VOTED ON AND PASSED UNANIMOUSLY. RE SUPER BLOCK, SOUTHERN PACIFIC DEVELOP~ENT CO. A report was received from the Planning Department regarding the re- vised site plan for t~e Super Block proposal of ~outhen Pacific de- velopment Company. ?1£'\YOR KAHElJ.7\ r10VED TO REFER TEE REPORT TO THE PLAN~JING CorUUSSIŒJ, SECmJDED BY Cl TUHlJER. Jerry Cox, ~outhern Pacific Development Co., suggested that this item be discussed at another time in view of the lateness of the hour and the importance of the ramifications that are contained in this proposa.l. There was concern expressed concerning the earliest date this item could be returned to the Council. As a result C!~ EBERT MOVED TO mWE THE PLAIJNHTG CŒ'lNISSIOn ACTION COHPLETED A~JD RETURNED TO COUNCIL BY NOVEI1BER 26. nOTION DIED FOR LACK OF A SECOND. THE l,lAIN MOTIOlJ l'7AS VOTED ON AND PASSED 3-1, CM EBERT DISSENTII1G. Mayor Kamena, with the Council's support, requested that the Planning commission do as thorough a revieYl as could be done and that it be returned to Council as an agenda item as soon as possible. EXPANSION OF EAST CLEAR ZONE A report was received from the City Attorney regarding authorization to acquire real property by eminent domain action, expansion of east clear zone, Livermore f1unicipal Airport. It recommended that Council adopt a resolution declaring necessity of eminent domain action. ON nOTION OF cr'l STALEY, SECmJDED BY C!; EBERT AND BY UNANIMOUS VOTE, THE RECm1!1ENDATIOn OF THE CITY ATTORNEY l'lAS ]\.PPROVED. RESOLUTIon NO. 322-79 A RESOLUTIon DECLARING NECESSITY AND AUTHORIZDJG THE CONDE~~NATION OF FEE SIHPLE ESTATE FOR PUBLIC AIRPORT AND RCLAT:CD PURPOSES OF 25.45 .ACRES LOCl\TED EAST:CRLY OF KITTY HAWK ROAD AND SOUTHERLY OF I-580, IN THE CITY OF LIVERHORE, COUNTY OF ALEHEDA, C,ALIFORNIA. RESO. r...r. EXPAiJSION OF SOUTH VASCO ROAD A report was submitted by the City Attorney regarding authorization to acquire real property by eminent domain action, expansion of South Vasco Road and relocation of utilities therein. It recommended that Council adopt a resolution declaring necessity of eminent dOlnain action. ON MOTIOn OF C~,1 STALEY, SEconDED BY CH EBERT A~m BY UNANIHOUS VOTE, TEE RECOMHENDATION OF THE CITY ATTORNEY v'JAS APPROVED. cr1-36-337 November 13, 1979 (Reso. re Expansion of So. Vasco Rd.) RESOLUTION NO. 323-79 A RESOLUTION DECLARING NECESSITY AND AUTHORIZING THE CONDEMNATION OF FEE SIMPLE ESTATE FOR PUBLIC STREET, UTILITY RELOCATION, AND RELATED PURPOSES OF .08 ACRE (30' STRIP) FRONTING 2l5l SOUTH VASCO ROAD, IN THE CITY OF LIVEP~ORr., COUNTY OF ALAMEDA, CALIFORNIA. CONSEnT CALENDAR Project Listing !or FAU Program The Council adopted the staff's recommendation to approve the listing of projects to qualify under the FAU program. This will permit the City to acquire funds and proceed with the projects. Reso. re Notices 9f Completion The Council adopted a resolution authorizing the Director of Public Works to record Notices of Completion within ten days of completion of any public project. RESOLUTION NO. 325-79 A RESOLUTION AUTHORIZING RECORDING OF NOTICES OF COMPLETION Reso. re Revised Job Description The Council adopted a resolution approving a revised job descrip- tion for Police Property/Evidence Technician. EESOLUTION NO. 326-79 A RESOLUTION APPROVING REVISED JOB DESCRIPTI01'1 (Police Property/Evidence Technician) Reso. re Records ~torage Facility The Council adopted a resolution approving a bid for lease-purchase of a portable building to be used as an interim records storage facility. P~SOLUTION NO. 327-79 A RESOLUTION APPROVING LEASE-PURCHASE OF PORTABLE BUILDING Resos. Rejecting Claims The Council adopted the following resolutions rejecting claims: RESOLUTION NO. 328-79 A RESOLUTION REJECTING CLAIM (Rev. G. D. Wiebe) CH-36-338 November 13, 1979 (Resos. Rej. Claims) RESOI.U'!'IO!J NO. 329-79 - - I\ RESOLUTION REJECTI~IG CLAIiVl (Frank L. Ferriera) RESOLUTION NO. 330-79 A RESOLUTION RF.,JFCTING CLAIH (John Goodwin, III) mSOLUTION NO. 331-79 A RESOLUTION REJECTInG CLAIM (Carolyn Goodwin) Reso. re Airport No. 4 Annexation The Council adopted a resolution approving application to LAFCO to initiate annexation proceedings, Airport No.4 Annexation. (Rose) RESOLUTION NO. 332-79 )\ RESOLUTION ~1AIGnG APPLICATION TO ALAHEDA COUNTY LOCAL AGENCY FOm1ATION COMl'HSSIœ'J REQUESTING INITL1\TIOn OF PROCEEDIiJGS FOR PROPOSED AIRPORT NO. 4 7\NNEXATION PURSUAIJT TO THE MUlHCIPAL ORGANIZATION ACT OF 1977 Reso. re Holmes St. Annexation no. 5 'l'he Council adopted a resolution approving application to LAFCO to initiate annexation proceedings, Jlolmes Street Annexation No.5. (Wagner) RESOLUTION NO. 333-79 A RESOLUTION r1AKING APPLICATION TO ALAMEDA COUNTY LOC7\.J. AGEUCY FOP}1ATION CmmISSIOlJ REQUESTING INITIATION OF PROCEEDINGS FOR PROPOSED HOLMES STREET ANNEXATION NO. 5 PURSUANT TO THE HUNICIPAL ORGAIUZATION ACT OF 1977 Payroll and Claims There were 131 claims in the amount of $279,594.45, 282 payroll warrants in the amount of Çl14,784.58, less Time Deposit of $100,000 for a total of $494,379.03, dated 10/30/79 and approved by the City 11anager. Re Jesign Services, Y.A.. Pipeline The Council approved the Public v70rks Department recommendation to preliminarily approve the selection of the joint venture of i'10nt- gomery Engineers and Associated Professions, to design the Veterans Þ.dministration IIospi tal pipeline. CM-36-339 Nove~ber 13, 1979 CONSENT CALEnDAR APPROVAL ON HOT ION OF C~1 STALEY, SECONDED BY CH EBERT, AND BY UNANHlOUS VOTE, THE CONSENT CALENDAR vvAS APPROVED NITH THE EXCEPTION OF ITEH 6.3, REGARDING THE DISABILITY RETIRmmNT OF JAHES SERNA, AND ~UTI'I THE ADDITION OF ITEr"'. 6.9 REGARDING DESIGN SERVICES FOR THE V.A. PIPELINE. (It was noted that Item 6.3 was pulled for a report and for action as a future agenda item.) ADJOURNMENT It being l2=20, the Mayor adjourned the meeting, with the remainder of the agenda to be continued to the next regular meeting of the council. The next Council meeting is scheduled for November 26, with the December meetings tentatively set for December 10 and 17. ATTEST vfh1¡ij¡~ ~~ Clty Clerk Livermore, California APPROVE Regular Meeting of November 26, 1979 A regular meeting of the Livermore City Council was held on Monday, November 26, 1979, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Kamena. ROLL CALL Present: Cm Dahlbacka, Ebert, Turner and Mayor Kamena Absent: Cm Staley (excused - family illness) PLEDGE OF ALLEGIANCE The Mayor led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. MINUTES APPROVAL, NOVEMBER 13, 1979 ON MOTION OF CM TURNER, SECONDED BY CM EBERT AND BY A VOTE OF 3-0, CM DAHLBACKA ABSTAINING, THE MINUTES OF THE MEETING OF NOVEMBER l3, 1979, WERE APPROVED WITH THE FOLLOWING ADDITION: P.334, PARA.3, THE ADDITION OF "OF ITEM l.2" AFTER THE WORDS "FIRST THREE AMEND- MENTS" . PUBLIC HEARING RE ZONING ORDINANCE TEXT AMENDMENT A public hearing was held regarding the following Zoning Ordinance text amendments: C:r1-36-340 November 26, 1979 (P.H. re Zon. Ord. Text Amendments) a) Amendment as relating to deletion of requirement for a Zoning Use Permit approval for day care centers of six children or less (Section 21.55) and such other amendments necessary as a result of action taken on this proposal. b) Amendment to the Zoning Ordinance text as it relates to uses within CP (Professional Office), co (Commercial Office), CB (Central Business), CS (Commercial Services) and CG (General Commercial) Districts. The Planning Commission recommendation was to order the filing of the Negative Declaration and to approve the Zoning Ordinance text amendment and direct preparation of amendment as outlined in P.C. Resolution No. 79-79. Mayor Kamena opened the public hearing. Mike Burger, 1023 Sherry Way, was in favor of approval of item b), feeling that too many uses had been under the CUP process. He was not in favor of taking away the supermarket use since he felt it was a pre-existing use in the downtown area, and did not think that the Ng and Holdener properties should be zoned CS. He recommended adding the supermarket use to the CS zone under conditional use and the inclusion of other pre-existing uses. Dr. Gerald Severin, 1058 Murrieta Blvd., representing Arroyo Prop- erties, said he would like to see Livermore retain the flexibility currently existing in the CS zone with the use of CUP's, and was not in favor of striking out retail and supermarket uses in the CS zone. Steve Rothert, Sutter Hill Limited, 3000 El Camino Real, Palo Alto, felt that the Holdener property was an excelent site for retail and supermarket uses since it was close to the central business district and the hospital. He felt that the CS zone, as proposed, would limit the proposed project on the Holdener property. Elsie Holdener, 943 Stanley Blvd., felt that the project proposed for the Holdener/Arroyo properties was well-planned and would be an asset to the community. She added that they had been assured in the past, in the planning phases of the project, that it could be accomplished with a Conditional Use Permit. If the proposed amendment is approved, it would eliminate the very use that the project is centered around, she said. She urged more flexibility. R. Morkowski, Livermore, felt that the Council should consider how this affects the present small businessman in Livermore. David Eller, Livermore, was in favor of the Planning Commission's recommendation regarding the CS zone, and was not in favor of large supermarkets in the downtown area. ON MOTION OF Cr1 TURNER, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE PUBJJIC HEARING WAS CLOSED. CM DAHLBACKA MOVED TO ACCEPT THE NEGATIVE DECLARATION AND ADOPT THE PLANNING COMMISSION RECOMMENDATIONS ON THIS ITEM. IT WAS THE CONSENSUS OF THE COUNCIL TO SEPARATE THE MOTION ON THE FLOOR'FOR SEPARATE CONSIDERATION OF ITEM a) AND ITEM b). Mayor Kamena asked for comments from the Council regarding Item a) concerning day care centers for six or less children. CM TURNER SECONDED THE PART OF THE MOTION PERTAINING TO ITEM a) . MOTION PASSED UNANIMOUSLY. CM-36-34l November 26, 1979 (P.H. re Zone Ord. Text Amendments) THE MOTION ON THE FLOOR REGARDING ITEM b) DIED FOR LACK OF SECOND. CM TURNER MA E A MOTION REGARDING ITEM b) THAT THE RECOMMENDATION OF THE PLANNING COMMISSION BE ADOPTED WITH THE ADDITION THAT SUPER- MARKETS BE AUTHORIZED IN THE CS ZONE. MOTION DIED FOR LACK OF A SECOND. Cm Dahlbacka was in favor of rezoning the property instead of adding what he felt was an inappropriate use. He was in favor of the recom- mendations presented by the Planning Commission. Cm Ebert explained the differences between the CS and CB zones, and asked where supermarkets were presently allowed without Conditional Use Permits. Howard Nies, Planning Director, said they were allowed in Commercial Neighborhood zones. A brief discussion followed regarding the appropriate zoning for supermarkets and the length of time re- quired to rezone property. Cm Turner asked why the Planning Commission had zeroed in on super- markets as a non-permitted use in the CS zone. Mr Nies said he thought they had felt it was inappropriate in that zone, since they had particular instances such as the Ng property where it was felt a supermarket would be an inappropriate use. Cm Turner said he did not share this feeling, and felt that the Ng property was a natural extension into the Railroad Avenue/Southern Pacific project, and should be developed in an orderly fashion. In his opinion, super- markets were a needed use in a CS zone and was not in favor of ex- cluding them. CM EBERT MOVED TO CONTINUE TO APPROVE SUPERMARKETS AS A CONDITION- ALLY APPROVED USE IN THE CS ZONE, AND TO SET IN MOTION THE REZONING OF THE NG AND HOLDENER PROPERTIES TO CB-l ZONE, SECONDED BY CM TURNER. em Turner said he would like to see the motion on the floor struck and approval of the resolution with the addition of supermarkets under a Conditonal Use Permit, and a referral to the Planning Com- mission of the uses which Council feels are bothersome or unneces- sary in the entire zone. Cm Ebert did not feel it was fair to potential developers to change permitted uses within a zone after the developer had been assured that the use he requested was a permitted use within that zone. MAYOR KAMENA MADE A SUBSTITUTE MOTION TO AMEND THE ZONING ORDINANCE TEXT AS IT RELATES TO THE USES WITHIN THE PROFESSIONAL OFFICE DIS- TRICT, THE COMMERCIAL OFFICE DISTRICT, THE CENTRAL BUSINESS DISTRICT, AND THE GENERAL COMMERCIAL DISTRICT, AND TO ACCEPT THE RECOMMENDATION OF THE PLANNING COMMISSION AS IT PERTAINS TO THOSE SPECIFIC DISTRICTS AND THE APPROPRIATE NEGATIVE DECLARATIONS, SECONDED BY CM DAHLBACKA. em Dahlbacka withdrew his motion. THE MOTION ON THE FLOOR WAS VOTED ON AND PASSED UNANIMOUSLY. Regarding the CS zone, Cm Dahlbacka felt that the most reasonable thing to do would be to adopt the correct zone overall for the community and then apply the correct zone to each parcel. HE MOVED TO ADOPT THE CS ZONE AS PRESENTED BY THE PLANNING COMMISSION AND TO INITIATE REZONING ON THE PROPERTIES IN QUESTION, SECONDED BY CM TURNER. CM TURNER MADE AN AMENDING MOTION THAT SUPERMARKETS STILL BE ALLOWED IN THE CS ZONE UNDER A CONDITIONAL USE PERMIT, SECONDED BY CM EBERT. CM-36-342 November 26, 1979 (P.H. re Zone Ord. Text Amendments) Mayor Kamena said that the list of things included in the Commercial Service zone seemed to be reasonable and did not feel that there was Council consensus regarding the issue of supermarkets. A lengthy discussion followed regarding the status of Conditional Use Permit applications made prior to changes in allowed uses. Mr Nies said that the staff would have to follow whatever is in effect when the project comes before the Council. THE AMENDING MOTION WAS VOTED ON PASSED 2-l, CM DAHLBACKA DISSENTING AND MAYOR KAMENA ABSTAINING. Mayor Kamena explained that if the main motion passed, the Commercial Service zone would have as part of its conditionally approved uses, supermarkets, and there will be a referral with regard to potential rezoning of two specific properties, the Ng property and the Holdener property. THE MOTION WAS VOTED ON AND PASSED 3-l, CM DAHLBACKA DISSENTING. Mr Rothert asked if he was correct in assuming that only the super- market portion of his project would now be allowed by the city as a result of the motions which were just approved. Staff agreed that his assumption was correct. RECESS Mayor Kamena called for a brief recess after which the meeting re- sumed with those Councilmembers present as at Roll Call. RECONSIDERATION RE CS ZONE Mayor Kamena explained that the Planning Commission's recommendations for the Commercial Service zone have been adopted with the exception of supermarkets as a conditionally approved use, and a referral to the Planning Commission has been made for potential rezoning of the Ng and Holdener properties. CM TURNER MOVED TO RECONSIDER THE LAST ACTION TAKEN BY COUNCIL RE- GARDING BOTH THE MAIN MOTION AND THE AMENDING MOTION, SECONDED BY CM EBERT. It was mentioned that em Turner could make the motion to reconsider since he had been on the prevailing side when the matter was voted on originally. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. CM EBERT MOVED THAT REGARDING THE CS DISTRICT, THE COUNCIL ADOPT THE STAFF RECOMMENDATION WHICH WOULD PROVIDE FOR OFFICES, RETAIL USES, AND SUPERMARKETS UPON CONDITIONAL USE PERMIT APPROVAL, SECONDED BY CM TURNER. Cm Ebert said that his motion effectively embodies the office uses and retail uses as put forth in a CB-l zone. Mayor Kamena felt that some of those uses were appropriate for a CS zone but some were not. Cm Dahlbacka felt that the matter could be handled by an appropriate rezoning application and that the CS zone should remain as recommended by the Planning Commission. THE MOTION PASSED 2-1, CM DAHLBACKA DISSENTING AND ~~YOR KAMENA ABSTAINING. CM-36-343 November 26, 1979 (P.H. re Zone Ord. Text Amendments) MAYOR KAMENA MOVED TO REFER THE PARCELS IN QUESTION TO THE PLANNING COMMISSION FOR POTENTIAL REZONING, SECONDED BY CM TURNER. MOTION PASSED UNANIMOUSLY. The Negative Declarations will be filed with the Alameda County Clerk. PUBLIC HEARING - G.P. LAND USE ELEMENT A public hearing was held regarding General Plan amendments (l979-3) relative to Land Use Element as follows: a) From Urban High Residential fo Office Commercial for proper- ties at 2375 Second Street and 209 McLeod Street. b) From Rural Residential to Service Commercial an approximate 18 acre site located at the northwest quadrant of Vasco Rd. and I-580. c) From Urban Low Medium Residential to Urban High Residential - request of Northwood Homes, 9 acres northeast of Murrieta Blvd. and Olivina Avenue. The Planning Commission recommended approval of items a) and b) and denial of item c) and Northwood Homes appealed. Mayor Kamena opened the public hearing. Ron Harrison, Northwood Homes, regarding Item c), explained that his company is seeking to obtain a plan approved which would stay well within the limits of 8/acre density and had requested the 8-18 simply because the City lacks any other appropriate General Plan designation. ON MOTION OF CM EBERT, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. Methods of holding the developer to a density of 8/acre were dis- cussed briefly. Cm Dahlbacka did not see any reason to adjust the density to Urban High Residential, stating that such an adjustment would not reflect the character of the immediately adjacent areas. CM TURNER MOVED TO FILE THE NEGATIVE DECLARATIONS FOR AREAS AT THE SOUTHWEST CORNER OF SECOND AND MCLEOD STREETS AND THE NORTHWEST QUADRANT OF VASCO ROAD AND I-580, AND THAT A RESOLUTION BE PREPARED AMENDING THE GENERAL PLAN AS OUTLINED IN P.C. RESOLUTION NO. 81-79, AND DENY THE REQUEST FOR A GENERAL PLAN AMENDMENT AT THE SOUTHEAST CORNER OF OLIVINA AND MURRIETA, SECONDED BY CM DAHLBACKA. Mayor Kamena noted that it was his understanding that the applicant of Item a) had hoped to have a sewing machine sales and service business at that location which would require a CB zoning. Mr Harrison asked if some consideration could be given tonight to change the General Plan designation to a maximum density of 6 per acre instead of the 8-18 as previously requested for the Oli- vina/Murrieta site. Mayor Kamena and Cm Ebert stated they could support an RL-5 zone for the area in question. Both RS-5 and RL-5 zones were discussed briefly. CM EBERT MADE AN AMENDING MOTION TO AMEND THE GENERAL PLAN TO ALLOW FOR URBAN MEDIUM HIGH DESIGNATION AT THE SOUTHEAST CORNER OF OLIVINA AND MURRIETA BLVD. MOTION DIED FOR LACK OF A SECOND. CM-36-344 November 26, 1979 (P.H. re G.P. Land Use Change) Mr Harrison asked if the zoning could be accepted or denied at a later date since he intended to come back for an OS-UR (PD) zoning. He was assured that the motion on the floor applied only to the Gen- eral Plan designation. David Eller, Livermore, felt that the previous discussion was actu- ally the province of the Planning Commission, rather than the City Council, and asked that the Council vote on the matter at hand. THE MOTION ON THE FLOOR WAS VOTED ON AND PASSED 3-l, CM EBERT IN THE MINORITY. The pertinent Negative Declarations will be filed with the Alameda County Clerk and a resolution will be prepared and brought back to Council for action on the next regular meeting's Consent Calendar. HOUSING AUTHORITY BOARD RESIGNATION A letter of resignation from the Housing Authority Board of Commis- sioners was received from Hazel Ashworth. CM TURNER MOVED TO INSTRUCT STAFF TO SEND MS ASHWORTH A LETTER OF APPRECIATION, AND TO DECLARE THE POSITION ON THE BOARD OPEN, SECONDED BY CM EBERT. MOTION PASSED UNANIMOUSLY. COMM. RE TRANSPORTATION OF ANIMALS TO ANIMAL CONTROL CENTER A communication was received from Nadine Cicero expressing concern regarding animals and their transport to the animal control center. Council consensus was to note and file the communication. RE OPEN FORUM AND CITI- ZEN PARTICIPATION POLICY A report was submitted by the City Attorney regarding the Open Forum and Citizen Participation Policy. Discussion followed. It was noted that the City of Pleasanton has an agenda item called Report from the Public which closely resembled our Open Forum. Another suggestion was to have an agenda item entitled Oral Communications. Cm Turner stated that he had requested at a previous meeting that staff determine how the Open Forum came about and the philosophy as to how it would be administered. In his opinion, the Open Forum had reached a point where there was no City business being conducted and did not feel that the situation was a beneficial one to the City. It was his belief that the purpose of the Open Forum was to hear items from citizens that were important to the community in general and were not on the agenda, items which could be placed on a future agenda for action purposes. CM TURNER MOVED TO CONTINUE THE OPEN FORUM, AND TO ESTABLISH SOME RULES AND REGULATIONS REGARDING THE POLICY, SECONDED BY CM DAHLBACKA. Cm Dahlbacka felt that Open Forum input should be something that is going to initiate a potential action by the City Council. He sug- gested reordering the agenda as follows: Minutes, Public Hearings, Consent Calendar, Old Business/Ordinances, Communications, Open Forum, New Business, City Manager's Report, Matters Initiated by Staff and Councilmembers. He also suggested weekly meetings as another possible alternative. CM-36-345 November 26, 1979 (Re Open Forum and Citizen Participation Policy) Council agreed to change the designation of Open Forum to Oral Com- munication and the suggestion was made that Oral Communications could very logically follow Written Communications on the agenda. .{ < d ~ Ii' pe'csh.rt y u "Eo Cm Ebert said he was opposed to the concept of an Open Forum^and felt it interfered with the orderly conduct of the business of the City. He suggested that general or specific comments not specifi- cally referenced on the agenda be placed on the agenda by written request by the particular citizen to allow for staff research. Cm Turner agreed with reordering the agenda as suggested but added that an argument could be made that placing the Open Forum in the middle or towards the end of the agenda might effectively cut off some members of the community who wish to speak directly to the Council. He also suggested that Matters Initiated be moved up on the agenda since it is of equal importance as the Open Forum to the citizens of Livermore. CM DAHLBACKA MADE AN AMENDING MOTION TO REORDER THE COUNCIL AGENDA AS FOLLOWS: 1. MINUTES, 2. PUELIC HEARINGS, 3. CONSENT CALENDAR, 4. OLD BUSINESS,S. ORDINANCES, 6. ORAL COMMUNICATIONS, 7. WRITTEN COMMUNICATIONS, 8. MATTERS INITIATED BY STAFF AND COUNCILMEMBERS, 9. NEW BUSINESS, 10. ADJOURNMENT. MOTION SECONDED BY CM TURNER. The philosophy and concept of the renamed Oral Communications were discussed by the Council. Cm Dahlbacka felt that it would provide an opportunity for citizen input regarding germane matters which required Council action, such as emergency situations which needed immediate attention. Cm Turner concurred. John Stein asked that consideration be given again to allowing the public to speak before the Council votes. , bman Morkowski, 1987 DeVaca Way, felt that the Council would not be able to decide what constitutes Oral Communications, and added that, in his opinion, Council was depriving the whole community of any opportunity of addressing its elected officials. THE AMENDING MOTION WAS VOTED ON AND PASSED 3-1, MAYOR KAMENA IN THE MINORITY. Mr Eller stated that this whole issue was discussed in great detail two years ago at which time it was decided to retain the Open Forum at the beginning of each meeting. He was not in favor of moving it to the middle of the meeting, and added that the Open Forum was the only mechanism open to citizens who wished to speak on various sub- jects directly to the City Council. It was noted that all written communications to the Council are either included in their individual agenda packets or, if action is necessary, placed on the agenda. It was pointed out by the City Attorney that there is one exception: claims for money, damages, etc., that come to the City addressed to the Council, are routinely routed to the City Clerk and handled through the administrative structure of the City. It does come to Council ultimately, in the form of an action item for denial or acceptance of the claim. THE MAIN MOTION WAS VOTED ON AND PASSED 3-l, MAYOR KAMENA IN THE MINORITY. CM EBERT MOVED TO TABLE UNTIL AFTER THE CONCLUSION OF THE REST OF TONIGHT'S BUSINESS, THE SECOND PART OF THIS AGENDA ITEM, RELATIVE TO DISCUSSION/COMMENT RECEIVED AFTER PUBLIC HEARINGS ARE CLOSED, SECONDED BY CM TURNER. CM-36-346 November 26, 1979 (Re Open Forum & Citizen Participation Policy) After a brief discussion regarding rules of procedure, CM TURNER WITHDREW HIS SECOND. (Rules Suspension) CM DAHLBACKA MOVED TO CONTINUE THE MEETING TO 12:00 MIDNIGHT, SECONDED BY CM TURNER. MOTION PASSED 3-1, CM EBERT DISSENTING. (Re Open Forum & Citizen Participation Policy) Regarding discussion/comment received after public hearings are closed, Cm Turner stated that he was comfortable with the system used in the past and MOVED TO RETAIN IT, SECONDED BY CM EBERT. Mr Reiner pointed out that there has been an ambiguity which has been causing trouble in the recent past on public hearings. The introduction on page one of the agenda indicates that any person desiring to speak on an item can do so after a motion is made and before a vote is taken, a public hearing situation, he stated. As a result public input continues to be taken after the public hear- ing is closed and before a vote is taken. Cm Turner stated that it has been Council policy in the past to take public testimony prior to the vote, even on public hearings, and he did not feel any change was necessary. He felt it was up to the mayor to determine whether additional public input is rela- tive and whether it is to be allowed. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. REPORT - PETITION RE RECALL A report was received from the City Clerk stating that the petition to recall Livermore Councilman Ebert was insufficient by 304 signa- tures. Supplemental signatures may be gathered (until Dec. 1) and subsequently submitted to the City Clerk prior to the close of business on December 3. It was the consensus of the Council to note and file the report. RE EXTENSION OF PATCHETT CONTRACT A report submitted by the Assistant City Manager stated that the original contract between the City and Patchett's Bus will expire in mid-February. It is recommended that Council authorize staff to negotiate a rate which will provide the service level described for the $28.00 per hour proposed rate and to authorize staff to apply to the Metropolitan Transportation Commission for an amended allocation for Fiscal Year 1979-80 to cover additional costs. CM TURNER MOVED TO ADOPT THE STAFF RECO~MENDATIONS, SECONDED BY CM DAHLBACKA. Cm Turner said that the report he receives from citizens of the community is that the bus service itself is excellent, drivers are courteous, and it is a meaningful service to the community. Mayor Kamena expressed his concern with the projected increase from $l9.00 per hour to a possible $28.00 per hour. He was also concerned that one of the buses did not have the RIDEO logo on it. He suggested going out to bid. CM-36-347 November 26, 1979 (Re Extension of Patchett Contract) Cm Turner stated that the report explains fully the reasons for the increased cost and the problems involved in going to the low bidder. He felt that the service was good now and adequately did the job required by the city. Ed Schilling, Assistant City Manager, explained that the current provider is supplying the service at a low bid, which is lower than they could reasonably provide the service for and resulted in a problem with adequate maintenance and being able to keep the right buses on the street. The main reason, he said, for recommending the negotiated contract at this time, rather than going out to bid, is because the city expects to receive new buses within 18 months. This will allow for a more reliable bid since all of the bidders can anticipate going into service with vehicles that belong to the city, are new and that are adequate for the service required. It was pointed out that 18 months is an inadequate time period to obtain a reasonable and fair bid, three to five years being the usual time period involved. System costs and services were dis- cussed, as well as alternate methods of providing the same service. Cm Ebert expressed his concern with the costs to the taxpayer of the subsidized service and suggested that a study be done by an outside firm or a qualified staff person to determine among other things the operating costs per passenger mile. CM DAHLBACKA MOVED TO CONTINUE THIS ITEM, ITEM 5.3 (RE CORBETT PREZONING), ITEM 5.5 (RE VARIOUS APPOINTMENTS), AND ITEM 8 (ORDINANCES) TO THE NEXT COUNCIL MEETING, SECONDED BY CM EBERT. CONSENSUS WAS TO VOTE ON THE CONTINUANCE OF THE ITEM UNDER DIS- CUSSION ONLY (5.1 RE PATCHETT CONTRACT). THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. LOT LINE ADJUSTMENT, CHESTNUT/NORTH "pIt ST. A report from the Planning and Public Works staff recommended that Council approve a proposed lot line adjustment to lot 15 of Tract l346 at the northwest corner of Chestnut and No. P. Sts. ON MOTION OF CM DAHLBACKA, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE THE STAFF RECOMMENDATION WAS ADOPTED. PREZONING AT ARROYO ROAD AND BURR LANE ON MOTION OF CM DAHLBACKA, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE PREZONING OF PROERTY NORTHWEST OF ARROYO ROAD AND BURR LANE (CORBETT - IS ACRES) WAS SET FOR PUBLIC HEARING ON DEC. 17, 1979. PLANNING COMMISSION S MMARY - 11/20/79 The Planning Commission summary of action of the meeting of November 20, 1979 was noted. VARIOUS APPOINTMENTS It was the consensus of the Council to continue this item to the next regular meeting. CM-36-348 November 26, 1979 CONSENT CALENDAR It was noted that Item 6.3 (Reso. re Depot Plaza development) had been withdrawn from tonight's agenda and will be returned to Council at a later date. Reso. Rej. Claim The Council adopted a resolution rejecting the claim of Lenna J. Lachner. RESOLUTION NO. 334-79 A RESOLUTION REJECTING CLAIM (Lenna J. Lachner) Reso. re RDP Policy The Council adopted a resolution amending the existing Residential Development POlicy. RESOLUTION NO. 335-79 A RESOLUTION AMENDING RESOLUTION NO. 280-78 ESTABLISHING A RESIDENTIAL DEVELOPMENT POLICY Reso. - Research Drive Assessment District The Council adopted a resolution regarding a PT&T utilities agree- ment re the Research Drive Assessment District. RESOLUTION NO. 336-79 RESEARCH DRIVE ASSESSMENT DISTRICT NO. 79-1 (Pacific Telephone & Telegraph Company) Re Refuse Rate Study The Council authorized the City Manager to expend up to $l200 for Livermore's share of the Price Waterhouse study of Oakland Scav- enger's rate increase application. Chevron Easement The Council adopted a resolution authorizing the Mayor to execute and Easement Agreement with Chevron for the installation of an underground storm drain pipeline necessitated by the relocation of East First Street. RESOLUTION NO. 337-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Chevron U.S.A. Inc.) Reso. re Bid Award The Council adopted a resolution awarding a bid for pneumatic tires and tubes to Firestone Tire Company. RESOLUTION NO. 338-79 A RESOLUTION AWARDING BID AND AUTHORIZING ISSUANCE OF PURCHASE ORDER CM-36-349 November 26, 1979 Reso. re LLL Sewer Line Extension The Councip adopted a resolution accepting for maintenance the LLL sanitary sewer line extension. RESOLUTION NO. 339-79 A RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF SEWER LINE FOR PERMANENT MAINTENANCE (Lawrence Livermore Laboratory) Reso. re P.M. 2987 The Council adopted a resolution approving Parcel Map 2987 (GMR, INC.) for recording. RESOLUTION NO. 340-79 A RESOLUTION APPROVING PARCEL MAP 2987 Resos. re Sustainment & Special Project Contracts The Council adopted a resolution approving CETA Title VI sustainment contracts for period 10/1/79 to 9/30/80. RESOLUTION NO. 341-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (County of Alameda) The Council adopted a resolution approving Special Project contracts for the period 10/1/79 to 3/31/80. RESOLUTION NO. 342-79 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (County of Alameda) (Special Project Contracts) Payroll & Claims There were ISO claims in the amount of $479,274.9l, 286 payroll warrants in the amount of $114,550.74, less Treasury Bill in the amount of $93,941.53, for a total of $687,767.18, dated November 13, 1979, and approved by the City Manager. CONSENT CALENDAR APPROVAL ON MOTION OF CM EBERT, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED WITH THE EXCEPTION OF ITEM 6.3 (RESO. RE DEPOT PLAZA DEVELOPMENT) WHICH WILL BE RETURNED TO COUNCIL AT A LATER DATE. ADJOURNMENT ON MOTION OF CM DAHLBACKA, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE MEETING WAS ADJOURNED TO A MEETING TO BE HELD DEC. 3. 1979. /?n¡J#~ . Mayor '~t~~~ ive ore, California APPROVE ATTEST CM-36-350 Regular Meeting of December 3, 1979 A regular meeting of the Livermore City Council was held on Monday, December 3, 1979, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Kamena at 8:10 p.m. ROLL CALL Present: Cm Ebert, Staley, Turner and Mayor Kamena Absent: Cm Dahlbacka (seated during Consent Calendar approval) PLEDGE OF ALLEGIANCE The Mayor led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. CONSENT CALENDAR CM TURNER MOVED TO APPROVE THE ENTIRE CONSENT CALENDAR, SECONDED BY CM EBERT. Regarding Item 2.2 (Reso. amending CUP 25-78 re Depot Plaza develop- ment), Cm Staley noted that Southern Pacific has yet to complete the reconstruction of Railroad Avenue and asked if Item 2.2 has any bear- ing on the completion date of Railroad Avenue. Gary Reiners, City Attorney, said that it did not; this amendment to the CUP reflects Council action taken some months ago on essentially separate issues. CM STALEY MADE AN AMENDING MOTION TO N1END CUP 25-78 SO THAT NO CERTIFICATE OF OCCUPANCY WOULD BE ISSUED UNTIL 90 DAYS AFTER RAIL- ROAD AVENUE IS COMPLETED, SECONDED BY CM TURNER. Mr Reiners pointed out that Council has a very well-defined policy regarding Consent Calendar items such as this one, which have been previously discussed: any amendment or motion which does not spe- cifically relate to this approval are considered out of order. CM STALEY MOVED TO SUSPEND THE RULES, SECONDED BY MAYOR KAMENA. CM STALEY WITHDREW HIS AMENDING MOTION. THE MOTION TO SUSPEND THE RULES WAS VOTE ON AND PASSED UNANIMOUSLY. THE ORIGINAL MOTION TO APPROVE THE ENTIRE CONSENT CALENDAR WAS VOTED ON AND FAILED 2-3, CM DAHLBACKA AND EBERT VOTING AYE. (Consent Calend~r Approval) ON MOTION OF CM EBERT, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED WITH THE EXCEPTION OF THE ITEM RE DEPOT PLAZA DEVELOPMENT CUP 25-78 WHICH WAS PULLED FOR SEPARATE DISCUSSION. Reso. re Lot Line Adjustment The Council adopted a resolution authorizing lot line adjustment at the northwest corner of Chestnut and No. P Streets. RESOLUTION NO. 343-79 A RESOLUTION AUTHORIZING LOT LINE ADJUSTMENT (Northwest Corner of Chestnut and North "P" Streets) Reso. re Depot Plaza Development CUP 25-78 For discussion regarding this item, see page 352. CM-36-35l December 3, 1979 (Re Consent Calendar) Payroll and Claims There were 73 claims in the amount of $441,625.88, dated 11/19/79, and a bond redemption in the amount of $l08,956.63, dated ll/28/79, all approved by the City Manager. Reso. re Portola Ave. Annexation No. 5 The Council adopted a Resolution of Intention regarding the portola Avenue Annex No.5. RESOLUTION NO. 344-79 A RESOLUTION MAKING APPLICATION TO ALAMEDA COUNTY LOCAL AGENCY FORMATION COMMISSION REQUESTING INITIATION OF PROCEEDINGS FOR PROPOSED PORTOLA AVENUE ANNEXATION NO. 5 PURSUANT TO THE MUNICIPAL ORGANIZATION ACT OF 1977 DISC. RE DEPOT PLAZA DEVELOPMENT CUP 25-78 This item was pulled from the Consent Calendar for discussion and separate action. CM STALEY MOVED THE ADOPTION OF ITEM 2.2 (RE CUP 25-78) WITH THE AMENDMENT THAT NO CERTIFICATE OF OCCUPANCY BE ISSUED TO ANY TENANT UNTIL 90 DAYS AFTER THE COMPLETION OF RAILROAD AVENUE, SECONDED BY CM TURNER. The effect of the 90 day stipulation was discussed. Cm Turner agreed that Railroad Avenue needed to be repaired but did not see the necessity of the 90 day requirement. He also noted that Southern Pacific was not at tonight's meeting to defend their position, and recommended that the item be continued for one week to give Southern Pacific an opportunity to answer the concerns of the Council. MAYOR KAMENA MADE A SUBSTITUTE MOTION TO APPROVE CONDITIONAL USE PERMIT NO. 25-78, AND TO DIRECT THE CITY STAFF THAT NO CERTIFICATE OF OCCUPANCY BE ISSUED TO DEPOT PLAZA UNTIL IT IS APPROVED BY THE COUNCIL, SECONDED BY CM STALEY. Cm Staley asked if the Certificate of Occupancy was a discretion- ary permit that the City Council could act on. Mr Reiners said that it was not. He explained that the Certificate of Occupancy is controlled by ordinance and has to do with the availability of certain public improvements and amenities on-site which are verified by the building official. After a brief discussion, the City Attorney said that the Council does have the authority to amend the discretionary provisions of the CUP to provide for a reasonable length of time for monitoring traffic flow onto the newly repaved street. He suggested that this might be the most appropriate tool for the Council in this situation. MAYOR KAMENA AGREED TO INCORPORATE THE CITY ATTORNEY'S SUGGESTION INTO THE MOTION ON THE FLOOR. CM STALEY AS SECONDER OF THE MOTION CONCURRED. Cm Ebert stated that he was in favor of the time frame concept but thought 60 days would be more reasonable. Cm Dahlbacka said he was not inclined to accept any particular time frame for evaluation of Railroad Avenue. He felt that occupancy should be allowed as soon as the traffic flow can occur on Railroad Ave., which will be when the street is completed. CM-36-352 December 3, 1979 (Disc. re Depot Plaza Development CUP 25-78) THE MOTION WAS VOTED ON AND FAILED 2-3, CM STALEY AND MAYOR KAMENA IN THE MINORITY. Cm Turner suggested that action on this item be delayed until next week, and in the interim the staff can meet with Southern Pacific to determine a completion date to present to Council. At that point, he felt the Council could make a reasonable decision. Lee Horner, City Manager, suggested passing the CUP tonight to avoid further delays for Southern Pacific while continuing with the suggestion offered by Cm Turner. CM EBERT MOVED TO RECONSIDER THE CONSENT CALENDAR VOTE WHICH IN- CLUDED THE DELETION OF THE ITEM PRESENTLY UNDER DISCUSSION. MOTION FAILED FOR LACK OF SECOND. After further discusison, the concensus of the Council was to have the staff meet with Southern Pacific representatives to determine a completion date on Railroad Ave. so this item can be brought back to Council for final action. ORD. INTRO. RE CAMPAIGN STATEMENTS, SPENDING Several available alternatives for amending the City's campaign ordinance including suggestions made by Councilmembers, were sub- mitted by the City Attorney. Mayor Kamena noted that the amendments included: raising the a- mount from $1 to $5 (Sec. 2.49), selection of one of three options re Sec. 2.51 which would have a bearing on other sections, Sec. 2.53 which needs further amendment and some deletion. Mayor Kamena asked if there were any comments regarding Sec. 2.49, raising the amount from $l to $5. Cm Staley felt that $10 was more reasonable. CM STALEY MOVED TO CHANGE THE $l STIPULATION TO $lO IN SEC. 2.49, OF THE CAMPAIGN ORDINANCE, SECONDED BY CM EBERT. Cm Turner felt that it was easier for the treasurer to submit the entire treasurer's report, which also reduced the possibility of error. He commented that a person who wishes to contribute can do so in a different manner, such as passing out literature, making signs, etc. Cm Staley said that the public has a right to know anytime contri- butions from individuals, organizations or corporations approach the point at which the purpose of the contribution is questioned. He thought that $10 was close to the average contribution from the public. CONSENSUS WAS THAT THE FIGURE SHOULD BE $lO.Ol WHICH WOULD INDICATE THAT A $lO.OO CONTRIBUTION WOULD BE EXEMPT. Cm Dahlbacka stated that he would be more comfortable with a figure of $5 and felt that $lO.OO was too much. Mayor Kamena asked about the treatment of organizations and corpora- tions in the ordinance. Mr Reiners stated that they are treated as a person and are subject to the same limitations as any individual. Don Miller, 2862 Waverley, urged Council to leave the minimum for disclosure at $1. He stated that the right of the public to know who provides contributions before the election is a most important way of coming to an informed decision. CM-36-353 December 3, 1979 (Re Campaign Ord.) David Eller, Livermore, felt that the only way you can get people to be really honest is to threaten them with losing their Council position. He recommended that the disclosure limit be kept at $l. THE MOTION WAS VOTED ON AND PASSED 3-2, CM DAHLBACKA AND TURNER IN THE MINORITY. Mayor Kamena reiterated that the amount the motion addressed was to be $lO.OI. Regarding Sec. 2.5l, Mayor Kamena stated that the question was whether to raise the dollar amount for maximum contributions from $35 to $50, and simultaneously add a provision for carry-forward but no carry-back. CM TURNER MOVED TO RAISE THE AMOUNT THAT CAN BE CONTRIBUTED FROM $35 to $50, AND TO ONLY ALLOW THE CARRYING FORWARD OF CAMPAIGN FUNDS TO BE USED IN A FUTURE CAMPAIGN, WITH ADEQUATE DISCLOSURES AT THAT TIME, SECONDED BY CM DAHLBACKA. Discussion followed on a time restraint and consensus was to place no time constraint on the future use of the money for campaign purposes. Cm Ebert did not feel that Livermore needed a campaign ordinance at all, feeling that the State guidelines were sufficient. He also did not agree with the cut-off day for contributions being five days before the election itself. Cm Staley felt that to allow the carrying-back of funds would effectively destroy the disclosure provision which he did not want to do. The financial scope of City, County and State election campaigns was discussed briefly. THE MOTION WAS VOTED ON AND PASSED 4-l, CM EBERT DISSENTING. Regarding Sec. 2.53, CM TURNER MOVED TO LEAVE THE BALANCE OF THE ORDINANCE INTACT, AS IT IS, SECONDED BY CM DAHLBACKA. Cm Ebert commented that in his opinion the penalties stipulated in the ordinance were unreasonably severe, for what might be a simple oversight on the part of the candidate. Mr Reiners indicated that the misdemeanor provision with jail sentence is authorized for violation of this type of ordinance by State law, although there is no specific authorization in state law for a removal from office or loss of Council seat. em Turner stated that although he had originally felt that the penalty provision might be unfair, but it was part of ensuring the public's right to know who actually contributed to a candidate's campaign. Mayor Kamena could not support the motion on the floor, feeling that placing a candidate in jail for failure to comply with the rules was an unreasonable penalty. Sm Staley did not object to the language regarding imprisonment or the five day period. CM STALEY MADE AN AMENDING MOTION TO ACCEPT THE LANGUAGE RECOMMENDED BY STAFF REGARDING THE SECOND PARAGRAPH OF SEC. 2.53, AND THAT THE THIRD PARAGRAPH HAVE THE WORD "WILLFUL" ADDED AT THE BEGINNING OF THE PARAGRAPH, PRIOR TO "FAILURE", SECONDED BY CM EBERT. Cm Dahlbacka objected to removing the disqualification from office provision since he felt it was exceedingly important for the public to know who is paying for a candidate's campaign. CM-36-354 December 3, 1979 (Re Campaign Ord.) Disqualification of a candidate for failure to file was discussed by the Councilmembers and no general agreement was reached. Ms Parra was in favor of leaving the disqualification provision in the ordinance. It was pointed out that an elected official would not be automatically disqualified from office if he did receive a jail term for filing irregularities. Mr Eller was in favor of the addition of the word "willful" and of the disqualification provision. Mr Miller stated that in his opinion the proposed elimination of the real deterrent penalty, the loss of the seat, is an encouragement to cheat by allowing the spending of large amounts of money to pay for ads, mailings, radio and TV spots. He encouraged no changes in the campaign ordinance. THE AMENDING MOTION WAS VOTED ON AND PASSED 3-2, CM DAHLBACKA AND TURNER IN THE MINORITY. Regarding the second paragraph of Section 2.53, CM EBERT MADE AN AMENDING MOTION TO CHANGE THE AMOUNT OF THE FINE FROM $IOO A DAY TO $250 FOR EVERY DAY THAT ELAPSES UNTIL THE STATEMENT IS FILED, SECONDED BY CM STALEY. Cm Turner said he was satisfied as it is now drawn and would not support the motion. THE AMENDING MOTION WAS VOTED ON AND PASSED 4-1, CM TURNER IN THE MINORITY. Regarding the main motion, Cm Dahlbacka said he would vote for it because it was better than State law, but felt that the Council had tonight, taken out the heart of the enforcement of this ordinance. Cm Turner said he would vote against the main motion because the amendments had effectively gutted a good portion of the existing ordinance. Cm Ebert felt that this was an unnecessary ordinance to begin with since there was an operative State law governing election campaigns. He felt it was restrictive and difficult to deal with mechanically. Mayor Kamena stated that the argument seemed a bit specious since the public has not requested the original ordinance or its current revision. He thought tonight's revisions would help counteract some of the inequities that have existed in the ordinance in the past. THE MAIN MOTION WAS VOTED ON AND PASSED 4-l, CM TURNER DISSENTING. (Recess) Mayor Kamena called for a brief recess after which the meeting resumed with all Councilmembers present. (Re Campaign Ord.) Mr. Reiners stated that after reading the revised Section 2.53, it was his opinion that the second sentence of the second paragraph, "The candidate should not assume office until the statement has been filed.", was somewhat misleading when read in conjunction with paragraph three, and should be dropped. CM-36-355 December 3, 1979 (Re Campaign Ord.) After a brief discussion, Mayor Kamena asked if any of the Council- members in the majority wished to make a motion to reconsider. No motion was forthcoming and the Mayor instructed the City Attorney to read the proposed amendment to the Municipal Code regarding cam- paigns in its entirety. ORD. INTRO. RE HANDBILLS CM DAHLBACKA MOVED TO INTRODUCE AND READ BY TITLE ONLY THE ORDINANCE REGARDING A MUNICIPAL CODE AMENDMENT TO REPEAL THE SECTION RELATING TO THE UNLAWFUL DISTRIBUTION OF HANDBILLS AND OTHER ADVERTISING MATTER, SECONDED BY CM TURNER. THE MOTION PASSED UNANIMOUSLY. INTRO. ORD. RE ATTIC FANS Council considered a Municipal Code amendment relating to Attic Fans, Inspection Fees, Energy Conservation, all relating to Buildings. Mr Reiners noted that there was a typographical error on page 2 of the proposed ordinance, Section 6.51 (b), which should read "R-7 minimum" instead of "R-19 minimum". Burt Gasten, Chairman of the City of Livermore Energy Committee, gave a short synopsis of the original ordinance and the proposed amendments. He stated that the R-7 had been a compromise with cost effectiveness and did not want to see any further compromise. He urged that the requirement for inspection be retained and that Section (e) be amended to remove the alternative of a sworn state- ment of a licensed Real Estate broker, and that inspection by a Pacific Gas and Electric inspector be added (that inspection being a condition of sale). Mr Horner noted that inspection is strictly a voluntary thing on the part of P.G.&E. They do it when they're called and may, in the course of their review, give the homeowner some advice on in- spection, but it is not mandatory on their part. He suggested handling it administratively instead of adding it to the ordinance. He agreed that it could be handled permissively, i.e., that their report will be accepted by the City. Cm Staley suggested adding after the word "broker" the phrase "or other person acceptable to the Building Official II. The requirement of a sworn statement was discussed briefly after which CM STALEY MADE A MOTION TO CHANGE THE WORD IISWORN" IN SECTION 6.5l (e) TO "WRITTEN", TO ADD AFTER IIREAL ESTATE BROKERII IN SECTION 6.51 (e) THE WORDS IIOR PERSON ACCEPTABLE TO THE BUILD- ING OFFICIAL", TO DELETE THE WORD "NO" IN THE SECOND SENTENCE OF SECTION 6.51 (b), AND TO ADOPT THE REST OF THE ORDINANCE REGARDING THE MUNICIPAL CODE AMENDMENT RELATING TO ATTIC FANS, INSPECTION FEES, ENERGY CONSERVATION, ALL RELATED TO BUILDING, AS PROPOSED FOR INTRODUCTION AND FIRST READING, SECONDED BY CM DAHLBACKA. The hiring by the City of a part-time inspector was discussed. Cm Staley suggested that, if the motion passes, the City Attorney write a letter to all the title companies in Livermore calling to their attention the requirement for inspection. He felt that this would solve the entire inspection problem. The Mayor added that there is nothing in the ordinance as proposed which would prohibit the hiring of an inspector by the City of Livermore if it proved necessary. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. CM-36-356 December 3, 1979 INTRO. OF ZONING ORDINANCE AMENDMENTS ON MOTION OF CM EBERT, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE THE FOLLOWING ZONING ORDINANCE AMENDMENTS WERE INTRODUCED AND READ BY TITLE ONLY: (Ord. re Special Provisions, Signs) FIRST READING, INTRODUCE AND FILE, ZONING ORDINANCE AMENDMENT RE SECTION 2l.00 RELATING TO SPECIAL PROVISIONS, SIGNS. (Zon. Ord. Amend.) FIRST READING, INTRODUCE AND FILE, ZONING ORDINANCE AMENDMENT RE SECTIONS l4A.73, 20.80 AND 20.81 RE BUILDING HEIGHTS. (Ord. re Chap. 2.00) FIRST READING, INTRODUCE AND FILE, ZONING ORDINANCE AMENDMENT RE CHAPTER 2.00 RE ZONING AND ANNEXATION; SECTION 4.20 ET SEQ RE OS-A DISTRICT, OS-R DISTRICT AND OS DISTRICT. ORDINANCE ADOPTIONS ON MOTION OF CM EBERT, SECONDED BY CM STALEY AND BY A UNANIMOUS VOTE (WITH THE EXCEPTION OF CM DAHLBACKA DISSENTING ON THE ZONe ORD. AMENDMENT ASSIGNING OS-UR TO AREA ADJACENT TO MURRIETA BLVD, SOUTH OF OLIVINA AVE., AND THE ZONe ORD. AMENDMENT ASSIGNING OS-UR TO THE SOUTHWEST CORNER OF EAST AVE. AND HILLCREST AVE.), THE RULES WERE SUSPENDED AND THE FOLLOWING ORDINANCE AMENDMENTS ACCEPTED FOR SECOND READING AND ADOPTION: (Ord. re PD District) ORDINANCE NO. 995 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE, BY AMENDING SECTION 3.00 THEREOF, RELATING TO ZONING, AND BY AMENDING CHAPTER 19, RELATING TO P.D. (PLANNED DEVELOPMENT) DISTRICTS, BY THE ADDITION OF SECTION 19.17, RELATING TO LIVERMORE AIRWAY BUSINESS PARK PLANNED DEVELOPMENT DISTRICT. (Ord. re OS-UR District) ORDINANCE NO. 996 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED OF THE CITY OF LIVERMORE, BY AMENDING SECTION 3.00 THEREOF, RELATING TO ZONING. (Southwest Corner of Olivina Avenue and Murrieta Boulevard) (Ord. re OS-UR District) ORDINANCE NO. 997 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED OF THE CITY OF LIVE~10RE, BY AMENDING SECTION 3.00 THEREOF, RELATING TO ZONING. (North of Hartford Ave. and East of Lorraine St.) CM-36-357 December 3, 1979 (Re Ordinance Adoptions) (Ord. re OS-UR District) ORDINANCE NO. 998 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED OF THE CITY OF LIVERMORE, BY AMENDING SECTION 3.00 THEREOF, RELATING TO ZONING. (3979 East Ave.) ORDINANCE RE LARGE- QUANTITY DISCHARGERS Cm Dahlbacka said that he had concerns about the philosophy of how the City is treating industrial/commercial sewage cost recovery. He felt that residential growth should pay its own way since it had no obvious benefits to the rest of the community. He thought that industrial/commercial development benefits the entire commun- ity and therefore asked the Council to consider obtaining an actual cost recovery for industrial/commercial capacity that represents the actual amount that this community paid for it. Cm Dahlbacka did not believe that new industry and commerce should have to pay the bill for additional sewer treatment expansion for new industry and commerce that may come into Livermore. Costs would be computed on local costs only, he added. Cm Staley-agreed that Cm Dahlbacka's suggestion needed some dis- cussion but did not feel it related to the ordinance being consid- ered tonight. It was suggested that there be an agenda item at a future meeting to discuss Cm Dahlbacka's concerns. CM EBERT MOVED THE SECOND READING AND ADOPTION OF THE MUNICIPAL CODE AMENDMENT REGARDING DISCOUNT FOR UNIFORM LARGE-QUANTITY DISCHARGERS, SECONDED BY CM STALEY. Ed Schilling, Assistant City Manager, explained that the ordinance applies only to those industries which use more than 100,000 gallons per day and the discount is 50% on the volume figure. He said that the ordinance would not apply to the current Intel usage which is at the full rate, but would apply to additional increments to their plant or any other company's plant which had similar discharge char- acteristics. J:rJ R..t.pl'f -to A i"'¿;s-f;ou by C/)'). Ofth/bACKA} t1e.. Sch·,II;AJ5 S'fA'tt-d -#'Af ~¿ .fu..<. é"'cudt:d .. J¡~ Ac.-f,,~' 10eM Qod q.Ç- 4Í1t. Stwl/t +1t.('4-in-.~t p/A-Nt h.p A-N~MN, et<~_> Cm Turner expressed concern about having sufficient monies at the time of the next required expansion of the Water Reclamation Plant. Mr Schilling replied that it was currently difficult to estimate accurately what the cost of the next expansion would be, although it was assumed that it would be somewhat less than the current ex- pansion. Cm Turner said he could not see the benefit to the City of having this particular fee for large users. Cm Staley commented that it was more a matter of fairness to the rate payer, rather than of benefit to the City, since a large and continuous volume is less expensive for the City to handle than the surges and peaks of residential usage. John Stein, 1334 Kathy Ct., felt that Intel was already getting a bargain since they were paying only 1/3 of the fee that a residen- tial user would pay for an equivalent amount of sewage because their BOD and suspended solids are so low. He agreed that perhaps Intel should be subsidized since it was a worthwhile project but felt the present connection fee schedule was enough of a subsidy and an additional one was not warranted. CM-36-358 December 3, 1979 (Ord. re Large-Quantity Dischargers) Roman Morkowski, Livermore, felt that the ordinance was unconstitu- tional because it was discriminatory. He felt the input was limited and that the poor and needy elderly were going to have to make up the money that it was going to cost the City if the ordinance was adopted. The Mayor asked the City Attorney if the adoption of this ordinance would have any effect on the sewer service charge of any sector of the population such as the Senior Citizens. The City Attorney re- plied that the ordinance has nothing to do with sewer service charges. Candy Simenon, 420 Jackson Ave., felt that it did have a bearing on how much money is collected towards financing the next sewer plant expansion. She was concerned that the City look carefully into how money can be accumulated to provide a fund large enough to finance the next expansion of the sewer treatment plant. Mr Eller agreed with Mr Stein and Mr Morkowski and did not agree with discounts being given to large users of natural resources. He felt it would be a subsidy by the citizens of Livermore. em Turner said he was still concerned about accumulating funds for future expansion, and that the ordinance was possibly written for Intel specifically, making it difficult for other large users to qualify for the same benefit. Cm Dahlbacka said he was concerned about the future funding for commercial and industrial development and felt it was a community- wide responsibility to provide all the services for that develop- ment to occur. He felt legislation was needed to provide for the payment of the monies that will be used for the industrial and commercial fraction of sewer treatment plant capacity. (Rules Suspension) CM TURNER MOVED TO SUSPEND THE RULES TO ALLOW THE MEETING TO CON- TINUE UNTIL Il:55, SECONDED BY CM DAHLBACKA. MOTION PASSED 4-1, CM EBERT DISSENTING. (Ord. re Large- Quantity Dischargers) em Turner said he was not speaking against Intel coming to the City of Livermore and was willing to amortize the fees or discuss the issue longer. He was simply uncomfortable with this particular change. THE MOTION WAS VOTED ON AND PASSED 4-l, CM TURNER DISSENTING. OR UNANCE NO. 994 AN ORDINANCE AMENDING THE LIVERMORE CITY CODE, 1959, BY AMENDING SECTION 18.2, RELATING TO CONNECTION CHARGES, OF CHAPTER l8, RELATING TO SEWERS, BY THE INSERTION OF A PARAGRAPH PROVIDING A DISCOUNT FOR UNIFORM LARGE-QUANTITY DISCHARGERS. ORAL COMMUNICATIONS Mayor Kamena explained that, according to a recent Council decision, this section of the agenda is philosophically similar to a written communication with the exception that the person appears in person and is not required to submit a letter to Council. An acceptable matter is one which Council could take action on. CM-36-359 December 3, 1979 (Re Oral Communication) Cm Dahlbacka said he would like to see on future agendas, the state- ments that were on Open Forum, that say Oral Communication is the place on the agenda for a person to bring up any item of City busi- ness that is not on the agenda. The same time limit restrictions would apply, issues should be restricted to City business, and the Mayor can rule on the appropriateness of the communication. Cm Staley commented that Oral Communication is the sort of thing that a citizen needs to bring up when it's a matter of some impor- tance for the Council to consider. If it is a routine matter or a request for information it could best be handled by a written communication to Council, he felt. (Re Weekly Meetings) Kay Parra, Livermore, requested that Council resume the policy of weekly meetings since she did not feel the work of the City was being done efficiently, and asked for the return of the Open Forum. (Re Sewer Service Fees) Mr Stein asked if the entire Phase IV Expansion of the sewer treat- ment plant is currently being funded by the sewer service fee as opposed to the sewer connection fee. It was explained that the city's portion of the cost is being funded by the sewer service charge. (Council Election) Mr Eller asked how the seat of a Councilman would be filled if he ran for and was elected to the office of Mayor. The Mayor said the Elections Code would prevail and that the Council would have 30 days to appoint a person to take the place of a successful can- didate who is running from what is called a safe seat. If no appointment is made within 30 days, an election is held, he ex- plained. RULES SUSPENSION ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE MEETING WAS CONTINED FOR 5 MINUTES UNTIL l2:00. (Re Parra Concerns) Regarding Ms Parra's concerns about weekly meeting and the contin- uance of the Open Forum, Cm Ebert stated that he was willing to have the question of weekly meetings put back on the agenda to get in- put from staff. There was no support for the continuance of the Open Forum. VARIOUS APPOINTMENTS Cm Turner nominated Don Ryder to serve on the Airport Advisory Commission" Cm Dahlbacka pointed out that the member of the Commission whose resignation created this vacancy, was a non-pilot and brought a different perspective to the Board, "kieft ft. paø ia fa\"eJr oj. }I. I I of t~e current applicants were pilots.J He nominated David Dent to hll the vacancy. ~ ~< "'A' ¡N fA"". ¡jowl...." ,," CM-36-360 December 3, 1979 (Re Various Appointments) Cm Turner stated that all of the applicants were qualified, in his opinion, but chose Mr Ryder because of his work in the Jaycees, his work on various other committees, and his real interest in serving on the Airport Advisory Commission. EACH MEMBER OF THE COUNCIL VOTED FOR THE CANDIDATE OF HIS CHOICE RESULTING IN THE APPOINTMENT OF DON RYDER TO THE VACANCY ON THE AIRPORT ADVISORY COMMISSION. A resolution of appointment will be prepared and placed on the next meeting's Consent Calendar. CM TURNER NOMINATED CAROL GERICH FOR THE SOCIAL CONCERNS COMMITTEE, SECONDED BY CM DAHLBACKA. THE VOTE WAS UNANIMOUS. A resolution of appointment will be prepared for the next regular meeting's Consent Calendar. RESIGNATION FROM SOCIAL CONCERNS COMMITTEE A resignation from the Social Concerns Commission was accepted from Mary Everett. Staff was instructed to send Ms Everett a letter of appreciation for her services on the Board. RESIGNATION FROM HOUSING AUTHORITY Mayor Kamena received a letter of resignation from Clarence Hoenig from the Housing Authority. The Council requested a letter of appreciation be sent and declared a vacancy on the Housing Author- ity Board. COMM. RE NOVEMBER GENERAL ELECTION A communication from the County Registrar of Voters regarding the results of the City's Measure "A" on the November 6, 1979, general election was noted for filing. PLANNING COMMISSION SUMMARIES & MINUTES A summary of action of the Planning Commission meeting of ll/27, a summary of action of the Zoning Administrator dated ll/27, and the minutes of the Planning Commission meetings of lO/16 and ll/6/79 were noted for filing. ADJOURNMENT There being no further business before the Council Mayor Kamena adjourned the meeting. The next regular meeting is scheduled for December lO, 1979. APPROVE /Þ;/I&~JJ . ayor ATTEST CM-36-36l Regular Meeting of December lO, 1979 A regular meeting of the Livermore City Council was held on Monday, December lO, 1979, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Kamena at 8:05 p.m. ROLL CALL Present: Cm Ebert, Staley, Turner and Mayor Kamena Absent: Cm Dahlbacka (seated during Consent Calendar Approval) PLEDGE OF ALLEGIANCE The Mayor led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. MINUTES APPROVAL NOVEMBER 26, 1979 ON MOTION OF CM TURNER, SECONDED BY MAYOR KAMENA AND BY A VOTE OF 3-0, CM STALEY ABSTAINING, THE HINUTES OF NOVEMBER 26, 1979, WERE APPROVED WITH ONE CORRECTION: P. 346, PARA 2, LINE I, THE ADDITION OF "AS PRESENTLY USED" AFTER "THE CONCEPT OF THE OPEN FORUM". CONSENT CALENDAR It was the consensus of the Council to include in the Consent Cal- endar Item 8.2 regarding Final Map approval, Tract 4l08, Citation Homes, which was certified by the City Clerk as a Consent Calendar item and was inadvertently placed under New Business. Resos. re General Plan The Council adopted a resolution amending the Land Use Element of the Livermore General Plan. RESOLUTION NO. 345-79 A RESOLUTION AMENDING THE LIVERMORE GENERAL PLAN (Land Use Element - 1979-3) The Council adopted a resolution denying General Plan amendment as requested by Northwood Homes. pæSOLUTION NO. 346-79 A RESOLUTION DENYING GENERAL PLAN AMENDMENT (Northwood Homes) Resos. re Appointments The Council adopted two resolutions of appointment regarding the Social Concerns Committee and the Airport Advisory Commission. RESOLUTION NO. 347-79 A RESOLUTION FOR APPOINTMENT TO THE AIRPORT ADVISORY COMMISSION (Don Ryder) RESOLUTION NO. 348-79 A RESOLUTION FOR APPOINTMENT TO THE SOCIAL CONCERNS COMMITTEE (Carol Gerich) Reso. re Parcel Map No. 2741, Navlet's The Council adopted a resolution approving final map - Parcel Map No. 2741 (Navlet's), Bert and Rose Bertolero. RESOLUTION NO. 349-79 A RESOLUTION APPROVING PARCEL MAP 274l CM-36-362 December 10, 1979 Reso. re Tract 4108, Citation Homes The Council adopted a resolution regarding final map approval, Tract 4l08, Citation Homes. RESOLUTION NO. 350-79 A RESOLUTION ACCEPTING DEVELOPMENT AGREEMENT AND BONDS FOR IMPROVEMENTS TO TRACT 4108 AND APPROVING MAP (Citation Homes) Reso. re Salaries The Council adopted a resolution establishing salary ranges for Legal Secretary and Chief Building Inspector. RESOLUTION NO. 35l-79 A RESOLUTION OF THE CITY OF LIVERMORE AMENDING RESOLUTION NO. 72-79, FOR THE CLASSIFIED AND UNCLASSIFIED EMPLOYEES OF: THE CITY OF LIVERMORE, ESTABLISHING RULES FOR ITS USE. Reso. re Engineering Services Agreement The Council adopted a resolution authorizing execution of amendment to the engineering services agreement. RESOLUTION NO. 352-79 A RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO ENGINEERING SERVICES AGREEMENT Reso. Rej. Claim A resolution was adopted rejecting the claim of State Farm Insurance. RESOLUTION NO. 353-79 A RESOLUTION REJECTING CLAIM OF STATE FAID1 INSURANCE AS UNTIMELY CONSENT CALENDAR APPROVAL ON MOTION OF CM TURNER, SECONDED BY CM EBERT, AND BY A VOTE OF 4-0, THE CONSENT CAI.ENDAR WAS APPROVED. (Cm Dahlbacka seated) PUBLIC HEARINGS REGARDING APPEALS ON MOTION OF CM TURNER, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, WITH THE EXCEPTION OF CM DAHLBACKA ABSTAINING OF ITEM b), THE FOL- LmUNG APPEALS WERE SET FOR PUBLIC HEARING ON JANUARY 14, 1979: a) Submitted by D. R. Sue - pre zoning to RS-l, area of a proposed annexation located south of Pleasant View Lane. b) Submitted by Thomas Appleton re rezoning request from RL-7 to RS-4, parcel to the rear of 2657 College Avenue. c) Submitted by Amador Associates - prezoning to IR and OS-UR of a proposed annexation east and west of No. Livermore Ave., south of I-580, north of Las Positas Ave. Cm Dahlbacka said he would like to see a report from staff regarding the properties in the surrounding area of Item a) . CM-36-363 December lO, 1979 RE BUS CONTRACT Discussion continued regarding the negotiated extension of Patchett's bus contract which will expire in mid-February. The report from the Assistant City Manager recommended that Council authorize staff to negotiate an 18 month contract with Patchett's to provide the level of service and maintenance identified for a $28 price, and to include five additional condition: l) The City will execute the formal contract only after the beige bus is painted in the RIDEO design. 2) A penalty of $4 per hour will be assessed for each hour that a non-RIDEO bus is used on the system. 3) Patchett's will agree to sell the transit buses to the City at the end of the contract extension for no more than their amortized book value. 4) The Metropolitan Transportation Commission will be asked to conduct a performance audit on the RIDEO operation. S) A penalty will be negotiated for non-performance of the air conditioning units. Mr Schilling stated that it was his opinion that this was the best option that the City has available to them at this time in terms of providing continuity of service for the best price. CM TURNER MOVED TO ADOPT THE STAFF RECOMMENDATION, SECONDED BY CM DAHLBACKA. Cm Staley suggested that a penalty be negotiated for the non- performance of any equipment that would make it uncomfortable for passengers to ride the bus. Mr Schilling noted that the contract will come before the Council for approval at a future meeting. Roman Morkowski, Livermore, asked about the costs to the City of Livermore. At the request of the Mayor, Mr Schilling explained that the estimated additional cost for the fiscal year would be approximately $38,000 and the source of the funds would be the Transportation Development Act Grant monies. THE MOTION PASSED 4-l, CM EBERT IN THE MINORITY. PROPOSED LOW INCOME HOUSING POLICY ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE REPORT FROM THE STAFF AND CO~1UNICATION FROM THE HOUSING AUTHOR- ITY REGARDING A PROPO~ED LOW INCOME HOUSING POLICY TO IMPLEMENT THE GENERAL PLAN REQUIREMENT WAS REFERRED TO THE PLANNING COMMISSION FOR REVIEW AND COMMENT. RESO. AMENDING CUP, DEPOT PLAZA At the Dec. 10 meeting, discussion took place regarding the off-site improvements on Railroad Avenue and vicinity. Consensus was to con- tinue the discussion to tonight's meeting. CM TURNER MOVED TO ADOPT THE RESOLUTON AMENDING THE CUP FOR DEPOT PLAZA, SECONDED BY CM EBERT. Cm Staley indicated that he was pleased with the progress made on Railroad Avenue in the past week but was still concerned about the completion of the road, and its evaluation prior to the occupancy of the new buildings in the center. His understanding was that Southern Pacific'would complete the road by next Monday, and he recommended taking action on this particular item at that time. CM-36-364 December 10, 1979 (Reso. re CUP, Depot Plaza) Jerry Cox, Southern Pacific Development Company, stated that the basic paving of Railroad Avenue is essentially completed but that it would take approximately another week to form the median structures between ilL" Street and Livermore Avenue. He noted that Pacific Telephone had stated that they would not be able to remove the telephone poles on the street until Jan- uary 2, 1980, but he was looking into the possibilities of having that date moved forward. THE MOTION WAS VOTED ON AND PASSED 4-l, CM STALEY DISSENTING. Mayor Kamena stated that if Cm Staley had any concerns that had not been addressed, the Mayor would move for reconsideration. Cm Staley said that his concerns were the same as th~y had been last week and would like to continue this item until after the completion of the street so that it could be inspected by the Council. Mayor Kamena asked Dan Lee, Director of Public Works, to inform the Council of any unexpected delays in the completion of the street. Mr Cox stated that it would be difficult to predict the exact date that Livermore Avenue and "L" Street would actually be open to public traffic circulation. Cm Staley noted that he had in- tended to bring up the subject of encroachment permits under Matters Initiated but that this might be a more appropriate time. He suggested that no encroachment permits be issued for major circulation streets without Council approval. It was decided that the matter would be discussed later under Matters Initiated. RESOLUTION NO. 354-79 A RESOLUTION AMENDING RESOLUTION NO. 242-78 APPROVING CONDITIONAL USE PERMIT 25-78 (Southern Pacific Development Co.: Depot Plaza) RE COMMENTS ON RDP LANGUAGE AMENDMENT The Council considered a staff response regarding input from the Building Industry Association and John Williams relative to the Residential Development Policy and recommendations concerning RDP processing and sewerage availability. Cm Dahlbacka asked Howard Nies, Planning Director, to explain Point No. 12 of the staff report regarding dropping the minimum number of points of 40 requested under the Energy Conservation. î1r Nies noted that the minimum has been dropped in every other category and he did not see a need to retain it in this one. He said that he had taken all the minimum standards out and used the remaining items as a bonus type arrangement. Cm Dahlbacka felt that the entire item needed referral to the Planning Commission. Mr Nies noted that policy questions still remain on items l, 4, and ll, and that the Planning Commission had already received copies of this report. CM STALEY HOVED TO ADD (RE ITEM 2) THE WORDS uOR LOW INCOME" AFTER "SUBSIDIZED", RE ITEM 4 - THAT THE QUOTA BE CHANGED TO 40%, RE ITEM 5 - ADOPT STAFF RECOMMENDATION, RE ITEMS 8 AND 9 - REFER TO THE PLANNING COMMISSION FOR THE DEVELOPMENT OF CRITERIA CM-36-365 December 10, 1979 (Comments re RDP Language Amendment) AND A POINT SYSTEM, RE ITEMS 10 AND l2 - ADOPT STAFF RECOMMENDATION; MOTION SECONDED BY CM DAHLBACKA. Cm Staley felt it was reasonable to allow up to 40% of future year allocations for developers because most people who are going to apply under this RDP probably will have tracts larger than 50 to lOO units, and it was simply a matter of good planning. Regarding Item 2, Mayor Kamena felt that one of the advantages of the present wording was to at least insure that those units remain affordable to people of less~income standards than what was now being offered, to be able to perpetuate that, rather than have it be available on a one-time only basis. He asked if the words "or low income" are added to the policy, what assurance there would be that it would be perpetuated rather than the windfall profit that may have occurred when this was attempted in other cities. Cm Staley thought that the reason for keeping the word "subsidized" was to include in that sort of grant application that was dis- cussed with Lexington Homes. Mr Schilling commented that the basic reason that he suggested re- taining the word "subsidized", was that only through those types of programs can the very low income housing needs be met. Staff had concurred that it was a worthwhile objective. Cm Staley did not want to exclude potential projects by the inclu- sion of the word "subsidized", since a locally developed project could be technically defined as not being subsidized. CM EBERT MADE AN AMENDING MOTION THAT THE 50 UNITS WHICH ARE EXEMPTED FROM THE RDP BE ASSIGNED TO EITHER THE SHORT OR LONG RANGE AREAS OF LIVERMORE WITH A PROVISO THAT IF THEY ARE IN THE LONG RANGE AREA, THE APPLICANT SHALL HAVE REO ESTED ANNEXATION AND HAVE RECEIVED PREZONING FROM THE CITY IN ORDER TO Q~LIFY, SECONDED BY CM DAHLBACKA. MAYOR KAMENA MADE AN AMENDING MOTION TO INCLUDE A POLICY MATTER THAT THOSE ITEMS THAT ARE EXEMPTED FROM THE R P THAT HAVE lO UNITS OR LESS ~ 1P TO A MAXIMUM OF 50, WILL BE PERMITTED STARTING JAN. l, IRRESPECTIVE OF ANY OTHER DATE OF PROCESSING, SECONDED BY CM TURNER. CM EBERT AGREED TO INCORPORATE MAYOR KAMENA'S MOTION INTO HIS AMENDING MOTION. Mr Morkowski asked if the subsidy on these projects would work similar to those which were discussed at a previous meeting. Mayor Kamena explained that the apartments discussed at a previous meeting were not part of the item presently under discussion and that the thrust of the motion is to permit the building industry to get the same kind of ability to be exempted from the Residential Development Policy by providing units that would meet specific income require- ments with no subsidy whatsoever. THE AMENDING MOTION WAS VOTED ON AND PASSED UNANIMOUSLY, CM STALEY ABSTAINING. THE MAIN MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. Cm Staley said that it was his understanding that the current plan calls for applications to be accepted through January I, and MOVED THAT THE RDP PROCESSING APPLICATION DATE BE CONTINUED FOR FOUR MONTHS BEYOND JANUARY l, SECONDED BY MAYOR KAMENA. CM-36-366 December 10, 1979 (Comments re RDP Language Amendment) Mayor Kamena felt that that was a responsible position since the City does not have as yet the Step III monies on line for the actual construction of the expansion. The motion would permit continuation of the application process until the expansion is on-line at which time the process can continue in an orderly fashion. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. Regarding the processing, Lee Horner, City Manager, commented that he did not feel there were any problems in terms of staff workup in processing the applications as they are received during this time period. He felt the only question was whether the applica- tions would be taken to the Planning Commission before the May 1 date. Mayor Kamena said that he did not see anything in this motion which would prevent the Planning Commission from reviewing the applications. The City Attorney concurred. ORD. RE CAMPAIGN STATEMENTS, SPENDING Before Council was the second reading and adoption of the Municipal Code amendment relating to Campaign Statements, Spending, etc. The Mayor noted that there have been various reports as to what was and was not included in this ordinance. Cm Staley thought that the motion he made last week did not delete the jail sentence as a punishment for violation. He felt that the jail sentence should stay in because it should be the judge's de- cision as to whether the violator should be fined or jailed. For clarification he stated that his motion of last week was to do the following: delete the first paragraph of Section 2.53, take the disqualification provision out of the ordinance for not filing five days in advance, and add "willful" in front of "failure" in the third paragraph. The City Attorney stated that that was the way he had read the ordinance with the exception of the clause that would include imprisonment as a punishment for violation of the ordinance, in the first paragraph. In response to public input, Cm Staley said that he would reconsider the disqualification for five days in advance of the election, if Council concurs. CM DAHLBACKA MOVED TO REINSTATE THE TERMINOLOGY AS TO THE DISQUALI- FICATION PROVISION FOR FAILURE TO FILE WITHIN FIVE DAYS PRIOR TO THE ELECTION, AND TO BRING THE ORDINANCE BACK FOR FIRST READING, SECONDED BY CM TURNER. CM STALEY ~~DE AN AMENDING MOTION TO ADD PARAGRAPH (c): WHETHER OR NOT A VIOLATION IS INADVERTENT, NEGLIGENT, OR DELIBERATE IN THE PRESENCE OR ABSENCE OF GOOD FAITH, SHALL BE CONSIDERED IN APPLYING THE REMEDIES AND SANCTIONS OF THIS TITLE, SECONDED BY CM DAHLBACKA. Cm Staley noted that there seems to be a feeling in the community that disclosure of large contributions is a valuable thing for the voters to know. He did not feel that the disqualification provision was unfair to the candidates if allowance is made for negligence and inadvertence. Cm Ebert was not in favor of the reinstatement of the disqualification provision. Mr Reiners strongly advised that if it is going to go to first reading again, that it be read for first reading tonight. CH-36-367 December lO, 1979 (Re Campaign Ord.) The amount of the fine was discussed and CM STALEY AGREED TO INCOR- PORATE IN HIS AMENDING MOTION THAT THE AMOUNT OF THE FINE FOR FAIL- URE TO FILE SHALL BE REDUCED FROM $250 TO $100 PER DAY. CM DAHLBACKA CONCURRED. It was explained that this would leave the first and second para- graphs as they were before they were amended at last week's meeting. The word "willful" would be added at the beginning of the third para- graph and the wording of Cm Staley's amending motion would comprise the fourth paragraph. David Eller, Livermore, commended the Council on the wording of the proposed ordinance, saying he had not been in favor of the changes made at the last meeting of the Council. Don Miller, 2862 Waverly, approved of the amendments including the wording that Cm Staley suggested. However, he felt there might be some merit in considering a definition of good faith if the amount of money not disclosed exceeds $250. THE AMENDING MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. THE ~ßIN MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. The ordinance was introduced and filed, and Gary Reiners, City Attorney, read the proposed ordinance by title only. SECOND READING AND ADOPTION OF ORDINANCES ON MOTION OF MAYOR KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE THE FOLLOWING ORDINANCES WERE ADOPTED: (Handbill Ordinance) ORDINANCE NO. 999 AN ORDINANCE REPEALING SECTION 3.l, RELATING TO UNLAWFUL DISTRIBUTION OF HANDBILLS AND OTHER ADVERTISING MATTER, AND SECTION 3.2, RELATING TO EXCEPTIONS TO SECTION 3.1, OF ARTICLE I, CHAPTER 3, RELATING TO ADVERTISING, OF THE LIVERMORE CITY CODE, 1959. (Ord. re Special Provisions, Signs) ORDINANCE NO. 1000 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, RELATING TO ZONING, OF THE CITY OF LIVERMORE, BY AMENDING SECTION 2l.75, RELATING TO MEASUREMENT OF SIGN NUMBERS AND AREAS, OF SECTION 21.00, RELATING TO SPECIAL PROVISIONS (Ord. re Building Heights) ORDINANCE NO. lOOl AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, RELATING TO ZONING, OF THE CITY OF LIVERMORE, BY AMENDING SECTION l4A.73, RELATING TO MAXIMUM BUILDING HEIGHT, AND SECTIONS 20.80 AND 20.8l, RELATING TO HEIGHTS OF BUILDINGS AND STRUCTURES AND SPECIAL STRUCTURE HEIGHTS CM-36-368 December lO, 1979 (Zon. Ord. re OS-A, OS-R and OS Districts) ORDINANCE NO. l002 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, RELATING TO ZONING, OF THE CITY OF LIVERMORE, BY AMENDING SECTION 2.40, RELATING TO ZONING, ANNEXATION; SECTION 2.50, RELATING TO CHANGE OF ZONING DESIGNATION, OF CHAPTER 2.00, RELATING TO ESTABLISHMENT AND DESIGNATION OF ZONING DISTRICTS; SECTION 4.20, RELATING TO USES PERMITTED; SECTION 4.2l, RELATING TO "OS-A" DISTRICT, USES PERMITTED; SECTION 4.22, RELATING TO "OS-A", "OS-R" DISTRICTS, USES PERMITTED, SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT; SECTION 4.23.1, RELATING TO "OS-F" DISTRICT, USES PERMITTED SUBJECT TO APPROVAL OF A CON- DITIONAL USE PERMIT, OF CHAPTER 4.00, RELATING TO OS-OPEN SPACE DISTRICT; AND ALL OF ARTICLE 3, RELATING TO SITE REQUIREr.1ENTS, "OS" DISTRICT INTRO. ZONe ORD. AMEND- MENT RE NURSERY SCHOOLS ON MOTION OF MAYOR KÀMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE ZONING ORDINANCE AMENDMENT TO SECTION 21.55 RELATING TO NURSERY SCHOOLS OR DAY CARE CENTERS WAS INTRODUCED AND READ BY TITLE ONLY. ORD. RE ATTIC FANS, ENERGY CONSERVATION The Council considered the second reading and adoption of the Munic- ipal Code amendment regarding Attic Fans, Inspection Fees, Energy Conservation, all relating to Building. Burt Gasten, Energy Committee, commented that the State of Cali- fornia now requires that whenever a contractor puts insulation into an attic, he must go to R-19 or better. He recommended that the wording of ordinance be changed to read: "An existing residential building at time of sale, without ceiling insulation, or having ceiling insulation rated less than R-7 thermal resistance, as de- termined by the building official, shall be provided with ceiling insulation of R-19 minimal thermal resistance, provided the attic is accessible." CM DAHLBACKA MOVED TO INCORPORATE WORDING IN THE ORDINANCE TO INDICATE THAT INSULATION I-1UST BE BROUGHT UP TO R-l9, AND FOR SECOND READING AND ADOPTION OF THE MUNICIPAL CODE AMENDMENT RE ATTIC FANS, INSPECTION FEES, ENERGY CONSERVATION, ALL RELATING TO BUILDINGS. MOTION PASSED UNANIMOUSLY. ORDINANCE NO. l003 AN ORDINANCE AMENDING SECTION 6.50, RELATING TO DEFINITIONS, SECTION 6.5l, RELATING TO ATTIC FANS REQUIRED, SECTION 6.52, RELATING TO REPORT OF INSPECTION, AND SECTION 6.53, RELATING TO INSPEC- TION FEE, OF ARTICLE X, RELATING TO ENERGY CON- SERVATION, OF CHAPTER 6, RELATING TO BUILDINGS, OF THE LIVERMORE CITY CODE, 1959. CM-36-369 December 10, 1979 ORAL COMMUNICATIONS (Re Town Meetings) Roman Morkowski, Livermore, suggested that one Monday each month be set aside for a two-hour Town Meeting. Cm Dahlbacka commented that Town Meetings had been regularly held on the fifth Mondays in the past but they had been poorly attended and had been discontinued. It was the consensus of the Council to discuss this issue as part of the future agenda item regarding weekly meetings. (Traffic Problem, 4th and Madeira) David Eller, Livermore, expressed concern with the possibility of accidents occurring at the intersection of 4th and Madeira Sts. because of the traffic congestion which occurs there and the speed of cars attempting to make a left-hand turn, westbound on the First Street overpass. (Re Open House) Mr Eller commended the Council on the successful Open House at the new Administration Building held on Dec. 9 and suggested that it be a yearly occurrence. (Bus Stop Benches) John Stein, 1334 Kathy Ct., stated that he had noticed that some of the teak benches at the bus stops have been vandalized and sug- gested a brief news release with the offer of a reward for identi- fication of the vandals. (Re City Fees) Mr Stein asked if Council might consider offering a three-year option on payment of the various fees charged by the City. He felt this would insure a more even cash flow to the City and re- duce the up-front costs to the builder. RECESS Mayor Kamena called for a brief recess after which the meeting re- sumed with all Councilmembers present. CO~1. RE RATE RAISE, CITY DUMP A request was received from De Paoli Equipment, Inc., the City's franchise dump site operator, for an increase in rates. ON MOTION OF MAYOR KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE MATTER WAS REFERRED TO STAFF FOR REPORT. MATTERS INITIATED BY CITY MANAGER, STAFF AND COUNCILMEMBERS (Executive Session) Mr Reiners requested an executive session for discussion of person- nel matters. CM-36-370 December lO, 1979 (Re Vandalism on First Street) Cm Ebert expressed concern with the vandalism which has been occur- ring on First Street and suggested the formation of a Task Force com- prised of two Councilmembers, the Police Chief and the City Manager, to meet with the merchants involved in an attempt to solve the prob- lem. It was the consensus of the Council to appoint Cm Ebert and Cm Staley to the subcommittee. (Re Meeting of December 17, 1979) Cm Turner advised the Council that he would be at least an hour late for the regular meeting scheduled for December l7, 1979. (Re Oral Communication) Cm Turner commented that Council might want to review the Oral Com- munication agenda item sometime in the future to consider moving it up to appear earlier on the agenda. A brief discussion followed and it was the consensus of the Council to review the item in four weeks. (Re LARPD/Council Subcommittee Meetings) Mayor Kamena said that it was his understanding the the LARPD/Council subcommittee had held several meetings and one more meeting was scheduled for final compilation of data after which a report will be made to the Council. It was noted that it would probably be the first meeting in January before the report would be ready for Coun- cil's consideration. (Re Potential Revision of Ord. re Towing of Vehicles) Mayor Kamena noted that he had brought this item to the Council's attention several weeks ago. His concern related to the potential revision of any ordinance that related to the towing of private vehicles without notice to the Police Department. He noted that without notification to the Police Department it was at times dif- ficult to determine if a vehicle had actually been stolen, and re- quested an agenda item to discuss the matter. Agreement was to have the item on next week's agenda. (Vandalism in Green- ville North) Mayor Kamena submitted a letter to the City Manager regarding vandal- ism in the Greenville North area. The communication stated that a meeting will take place on December ll, 1979, regarding the problem. The City Manager noted that he and three members of the Police Dept. including Chief Nelson, will be attending the meeting. (Re School Fee) Cm Staley noted that several weeks ago he had submitted a letter to the School Board regarding the school connection fee and offering to meet with them. He asked if staff had received a reply. Hr Horner commented that he has received no formal written communi- cation from the School Board although they had expressed a desire to discontinue the subcommittee. He said he would report on the matter at next week's meeting. CH-36-37l December 10, 1979 (Re Included Uses in Commercial Zones) em Staley asked about the status of the included uses in Commercial Zones and staff explained that a zoning text amendment was required and it would come before Council in ordinance form on a future agenda. (Encroachment Permits) Cm Staley requested the preparation by staff of a report on how en- croachment permits can be properly controlled to avoid a problem similar to that which has developed on Railroad Avenue. He sug- gested the inclusion of a time period to keep traffic disruption to a minimum. (Response to Comments at Oral Communication) Cm Staley commented that some people seem to think that the Council lives in a vacuum, that they do not deal with the people in the community. He said he has a great deal of access to the public, has lived in Livermore for a number of years, was elected by the voters in Livermore, and hears from the citizens on a daily basis, socially, at his office, on the street, and in the stores. He did not feel that there was any communication problem between the voters and the elected officials in Livermore. ( è Telephone Costs) Cm Staley expressed concern with Pacific Telephone's proposal to charge for informational calls. He was opposed to the proposal unless telephone subscribers had access to a universal directory for the entire state of California. (Re City Fees) Replying to Mr Stein's comments at the Oral Communications, Cm Dahlbacka stated that the City has, in the past, allowed the dis- tribution of up-front development fees over a period of time for industrial and commercial development. (Re Legislative Matters) em Dahlbacka stated that he would like to see some of the Legis- lative Matters sent to Council by the City Manager referred to Commissions and staff for reports by the end of January. He re- quested that the Planning Commission report on SB l030, that the Housing Authority look at the various housing legislation, and that the staff comment and determine a position on AB 8 and other fiscal bills. Mr Horner commented that staff is in the process of pre- paring an analysis of AB 8 and Proposition 4, and the reports would hopefully be submitted to the Council by the end of December. Cm Dahlbacka suggested that SB 373 be studied by the Recycling Com- mittee, and that the Energy Committee look at SB 207 and AB 900. (Conservation of Helium) Cm Dahlbacka said there was a helium conservation act currently before the Congress and asked that a letter of support be sent to encourage the conservation of helium resources. (Resignation of Cm Dahlbacka) Cm Dahlbacka announced that he intended to resign from the Council on or before Feb. l7, 1979. CM-36-372 December 10, 1979 RESO. RE EMINENT DOMAIN ACTION, AIRPORT ON MOTION OF CM TURNER, SECONDED BY MAYOR KAMENA AND BY UNANIMOUS VOTE, A RESOLUTION WAS ADOPTED REGARDING AUTHORIZATION TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN ACTION, FOR EXPANSION OF EAST CLEAR ZONE, LIVE~10RE MUNICIPAL AIRPORT. RESOLUTION NO. 355-79 A RESOLUTION DECLARING NECESSITY AND AUTHORIZING THE CONDEMNATION OF AN AIR EASEMENT FOR PUBLIC AIRPORT AND RELATED PURPOSES OVER 57.9 ACRES LOCATED EASTERLY OF KITTYHAWK ROAD AND NORTHERLY OF LAS POSITAS BOULE- VARD, IN THE CITY OF LIVERMORE, COUNTY OF ALAHEDA, CALIFORNIA RE SPRINGTOWN BLVD., TENT. TRACT MAP 3940 Staff has requested modification of requirements for improvement of Springtown Boulevard within Tentative Tract Map No. 3940. ON MOTION OF CM STALEY, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE STAFF REQUEST WAS APPROVED. A resolution will be prepared for action at the next regular meeting. EXTENSION OF TRACT NO. 3940 AND CUP The Planning Commission has recommended that the request of the Anden Group for a one-year extension of Tentative Tract No. 3940 and CUP be approved. The property is located between the extension of Springtown Blvd. and Larkspur Drive. CM TURNER MOVED TO APPROVE THE RECOMMENDATION OF THE PLANNING COH- MISSION, SECONDED BY CM STALEY. Cm Staley felt that extensions should not be granted routinely upon request but should be looked at carefully to see if a good faith effort is being made by the developer. THE MOTION PASSED UNANIMOUSLY. A resolution will be prepared for the next regular meeting's Consent Calendar. TENT. PARCEL ~ßPS, NOS. 3096 AND 3137 A report was submitted by staff regarding Tentative Parcel Maps No. 3096 and 3137, Shaheen Industrial Park, Research Dr. and So. Vasco Road. CM TUffilER MOVED TO APPROVE THE STAFF RECOMMENDATION THAT A RESOLUTION BE PREPARED APPROVING THE MAPS, SECONDED BY CM STALEY. Earl Mason, representing the applicant, stated that technically this is not the Roger Shaheen proposal but a proposal by the owner of three lots which will be subdivided in the future. He requested that this fact be reflected in the staff's engineering considera- tions which show Roger Shaheen as the developer. Mr Mason requested that this item be continued to the first meeting in January to allow time for negotiation of the Fire Marshall's requirement for fire sprinklers beyond the UBC requirement. CM-36-373 December lO, 1979 (Re Parcel Maps 3096 and 3l37) CM TURNER MADE A SUBSTITUTE MOTION TO CONTINUE THIS ITEM AT THE REQUEST OF THE DEVELOPER'S REPRESENTATIVE, TO THE FIRST MEETING IN JANUARY, SECONDED BY CM STALEY. Mr Mason noted that staff had put back in some requirements which had been deleted in the previous map regarding Vasco Road, and re- quested that those requirements be deleted as originally intended by council and/or staff. The mayor explained that the deletion is still in effect since no action has been taken tonight. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. REPORT RE RECALL PETITION STATUS A report submitted by Dorothy Hock, City Clerk, regarding the peti- tion to recall Livermore Councilmember Ebert, stated that she had ascertained that the supplemental recall petitions, filed on Dec. 3, 1979, have qualified. A resolution setting the recall for election will be included on the Dec. 17 agenda. SUMMARY, PLANNING COMMISSION ACTION A summary of Planning Commission meeting action of the meeting of December 4, 1979, was noted for filing. ADJOURNMENT There being no further business before the Council the meeting adjourned to an executive session for the discussion of personnel matters. The next regular meeting will be held on December l7, 1979. APPROVE ~ð~ , ayor / ATTEST Regular Meeting of December l7, 1979 A regular meeting of the Livermore City Council was held on Monday, December l7, 1979, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Kamena. ROLL CALL Present: Cm Dahlbacka, Ebert, Staley and Mayor Kamena Absent: Cm Turner (excused, seated later) CM-36-374 December 17, 1979 MINUTES APPROVAL, DECEMBER 3, 1979 ON MOTION OF CM DAHLBACKA, SECONDED BY Cr·1 EBERT AND BY UNANIMOUS VOTE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF DECEMBER 3, 1979, HERE APPROVED ~.vrTH THE FOLLOWING CORRECTIONS: p.358, para. 5, the addition of the following sentence after "dis- charge characteristics.", "In reply to a question by Cm Dahlbacka, Mr Schilling stated that the fees exceeded the actual local cost of the sewer treatment plant expansion." p.360, last paragraph, third line, should read: spective to the Board, of which he was in favor. the current applicants were pilots." "different per- However, all of SPECIAL EVENT - AlvARD PRESENTATION, BEAUTI- FICATION Co~mITTEE Mayor Kamena and Diana Bolander, Chairman of the Beautification Committee, presented the following homeowners and businesses with awards for their efforts in beautifying and landscaping their properties: Charles V. and Victoria L. Borzileri - 5384 Scenic Dr. George E. and !'Jorma S. Overturf - 589 So. "M" St. Terrence M. and Sandra J. Fox - 2794 Tahoe Dr. Donald and Jan Leal - l057 Essex St. Hazel I. Walden - 709 So. "K" St. Douglas G. and Marie L. Kennedy - 2224 Third St. Donald R. and Canossa H. Sue - l457 Chelsea Cleo Seamans - 783 No. "0" St. Jacqueline l'1ihoevich - 421 So. Livermore Ave. William B. and Marion A. Manis - 2363 Chateau Way William T. and Evelyn Burns - 309 No. "K" St. Sidney and Dolly Jansen - 516 Adelle St. Henry E. and Jill A. Suico - 5288 Iris Sebastian F. and Jacqueline F. Bellomo - 2284 ~orwood C.A. and P.M. Nickerson - 555 So. "K" St. A.C., Jr. and A.E. Haussmann - 4261 Drake Way Monte J. and Wilma J. Maniz - 4245 Drake Way Daniel H. and Dixie R. Cardoza - 790 No. "M" St. Marlin J Ebert - 1447 Sunset Dr. Country Studio - 2787 First St. Annette's - 2062 First St. St. Michael's Church & Cemetery - Maple St. The following special a,,,ards were also presented: Mr. and Mrs. Hansen, College Ave., in appreciation for their work in maintaining the area adjacent to the arroyo. Dave Madis, lOll Geneva, in appreciation for the donation of a bench from the Pentacostal Bible College to the City of Livermore for use at Ravenswood. Cheryl Davies - in recognition of her outstanding service in designing and painting the holiday banners. U.S. MARINE CORPS TOYS FOR TOTS PROGRAM Mayor Kamena presented some toys to a representative from the U.s. Marine Corps to be used for their Toys for Tots program which col- lects toys and distributes them to underprivileged children. CH-36-375 December 17, 1979 RECESS The Mayor called for a brief recess after which the meeting resumed with those members present as at Roll Call. (Cm Turner seated) PUBLIC HEARING RE RS-l DISTRICT, BURR LANE, CORBETT/ASSOC. PROF. Application was made by Rick Corbett and Associated Professions, Inc., for prezoning to RS-l District of a 15 acre site located north of Burr Lane and east of Arroyo Road. The area has also been submitted for annexation. The Planning Commission recom- mended that the Negative Declaration be filed with the Alameda County Clerk and that the prezoning to RS-l be approved and the staff instructed to prepare the required ordinance. Howard Nies, Planning Director, noted that the street circulation has not been worked out in detail yet, but the collector and major streets are designated in the General Plan. Concannon Blvd. and Arroyo Rd. are the major streets. Mayor Kamena opened the public hearing. Earl Mason, representing the applicant, stated that the proposal has been submitted to the Planning Dept., has been approved, and requested that Council approve the prezoning tonight in order to allow the applicant to proceed with development plans. He noted that the proposed annexation is also on tonight's agenda as a later agenda item. (See p. 378) CM TURNER MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY CM EBERT. Cm Dahlbacka requested that the Planning Dept. start working on the circulation pattern in the area as soon as possible. THE MOTION PASSED 4-0, CM STALEY ABSTAINING. CM TURNER MOVED TO FILE THE NEGATIVE DECLARATION WITH THE ALAMEDA COUNTY CLERK, AND TO APPROVE THE PREZONING AND INSTRUCT STAFF TO PREPARE THE REQUIRED ORDINANCE, SECONDED BY CH EBERT. Mr Nies commented that one study session has already been held regarding this area, and the basic framework of the road system has already been discussed. THE MOTION WAS VOTED ON AND PASSED 4-0, CM STALEY ABSTAINING. CONSENT CALENDAR Reso. re Recall and General Mu- nicipal Elections The Council adopted a resolution consolidating the recall election with the General Municipal Election to be held on April 8, 1980. RESOLUTION NO. 356-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVERMORE CONSOLIDATING A SPECIAL MUNICIPAL RECALL ELECTION WITH THE GENERAL MUNICIPAL ELECTION WITHIN THE TERRITORY OF THE CITY TO BE HELD ON APRIL 8, 1980. CM-36-376 December 17, 1979 Bid Award re Records Center Building The Council approved the award of the financing for lease-purchase of a records center building to the Bank of America at the rate of 7.25% per year. Reso. re Bid Award for Reroofing A bid for the reroofing of the Las positas Clubhouse and Fire Station No. 3 was awarded to Jerry Walker Roofing and Construction. RESOLUTION NO. 357-79 A RESOLUTION AWARDING BID AND AUTHORIZING ISSUANCE OF PURCHASE ORDER (Jerry Walker Roofing and Construction) Reso. re 1979-80 TDA Allocation The Council adopted a resolution authorizing the City Manager to submit a request for amendment to the 1979-80 Transportation De- velopment Act entitlement for the bus system. RESOLUTION NO. 358-79 A RESOLUTION AUTHORIZING CITY MANAGER TO MAKE APPLICATION (TDA Allocation) Reso. re Disability Retirement, Serna The Council adopted a resolution authorizing the disability retire- ment of James Serna. RESOLUTION NO. 359-79 A RESOLUTION AUTHORIZING DISABILITY RETIREMENT: JAMES SERNA III Re P.H., Tentative Tract Map No. 4472 The Council set January 14, 1980, as the date for the Public Hearing regarding tentative Tract Map No. 4472, 3176 Gardella Plaza. Reso. re Restricted Parking Zones The Council adopted a resolution authorizing designation of re- stricted parking zones in the portola Avenue, South liS" Street and East Avenue areas. RESOLUTION NO. 360-79 A RESOLUTION AMENDING RESOLUTION NO. l29-72 ESTABLISHING A COMPILATION OF LIMITED PARKING ZONES IN THE DOWNTOWN BUSINESS DISTRICT BY EXPANDING SAME TO INCLUDE ALL LIMITED PARKING ZONES IN THE CITY OF LIVERMORE C11-3 6-377 December l7, 1979 Resos. re Tract 3940 The Council adopted two resolutions extending approval of Tract 3940 and modifying the requirements for improvements on Springtown Blvd. RESOLUTION NO. 36l-79 A RESOLUTION EXTENDING APPROVAL OF TRACT 3940 RESOLUTION NO. 362-79 A RESOLUTION M1ENDING CONDITIONS OF APPROVAL (Tentative Tract 3940) Resos. re Proposed Annexations The Council adopted four resolutions regarding proposed annexations, declaring the City's intent to submit to LAFCO the following: (North Livermore Avenue Annex No.1) RESOLUTION NO. 363-79 A RESOLUTION MAKING APPLICATION TO ALAJ1EDA COUNTY LOCAL AGENCY FORMATION CO~~ISSION REQUESTING INITIATION OF PROCEEDINGS FOR PROPOSED NORTH LIVERMORE AVENUE ANNEX NO. 1 PURSUANT TO THE HUNICIPAL ORGANIZATION ACT OF 1977 (Rodeo Lane Annex No.1) RESOLUTION NO. 364-79 A RESOLUTION MAKING APPLICATION TO ALAMEDA COUNTY LOCAL AGENCY FORnATION COMMISSION REQUESTING INITIATION OF PROCEEDINGS FOR PROPOSED RODEO LANE ANNEX NO. 1 PURSUANT TO THE MUNICIPAL ORGANIZATION ACT OF 1977 (Pleasant View Lane Annex No. l) RESOLUTION NO. 365-79 A RESOLUTION MAKING APPLICATION TO ALAMEDA COUNTY LOCAL AGENCY FOR~TION COW1ISSION REQUESTING INITIATION OF PROCEEDINGS FOR PROPOSED PLEASANT VIEW LANE ANNEX NO. 1 PURSUANT TO THE MUNICIPAL ORGANIZATION ACT OF 1977 (Arroyo Road Annex No.4) RESOLUTION NO. 366-79 A RESOLUTION MAKING APPLICATION TO ALAMEDA COUNTY LOCAL AGENCY FORMATION COMMISSION REQUESTING INITIATION OF PROCEEDINGS FOR PROPOSED ARROYO ROAD ANNEX NO. 4 PURSUANT TO THE MUNICIPAL ORGANIZATION ACT OF 1977 PAYROLL AND CLAIMS There were 127 claims in the amount of $172,126.64, 278 payroll warrants in the amount of $ll5,090.08, and 285 payroll warrants in the amount of $ll8,805.35, for a total of $406,022.07, dated December lO, 1979, and approved by the City Manager. CM-36-378 December 17, 1979 Reso. re Easement The Council adopted a resolution authorizing execution of easement, Hugh C. Freisman, et aI, for the Livermore Hunicipal Airport, West Clear Zone. RESOLUTION NO. 367-79 A RESOLUTION AUTHORIZING EXECUTION OF EASEMENT (Hugh C. Freisman, et al) CONSENT CALENDAR APPROVAL ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE THE CONSENT CALENDAR WAS APPROVED. RE TENTATIVE TRACT r'1AP NO. 3060 It was noted that the applicant had requested at the meeting of October l5 that this item be continued to tonight's meeting. Mayor Kamena noted that since the policy of exemption from the Residen- tial Development Policy for lots of 10 or less units had not been adopted at the time this item was last discussed, he would MOVE TO REFER THE MATTER BACK TO THE PLANNING COMMISSION FOR THE NECES- SARY APPROVALS UNDER THE NOW-EXISTING POLICY, SECONDED BY CM TURNER. MOTION PASSED UNANIMOUSLY. ZONING ORD. AMENDMENT REQUEST, D. H. GARKA Discussion was postponed on a request submitted by D. H. Garka sug- gesting an amendment to the Zoning Ordinance relative to irrigation systems on corner lots. Consensus was to refer it back to staff for discussion at a later time when Mr Garka could be present. ORDINANCE ADOPTIONS ON MOTION OF CM STALEY, SECONDED BY CH EBERT AND BY UNANIMOUS VOTE, THE FOLLOWING ORDINANCES WERE ADOPTED: (Ord. re Campaign Statements) ORDINANCE NO. 1004 AN ORDINANCE AMENDING ARTICLE V, RELATING TO CAMPAIGN STATEMENTS, OF CHAPTER 2, RELATING TO ADMINISTRATION, OF THE LIVERMORE CITY CODE, 1959, TO REGULATE ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES. (Ord. re Nursery Schools & Day Care Centers) ORDINANCE NO. 1005 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, RELATING TO ZONING, OF THE CITY OF LIVERMORE, BY AMENDING SECTION 2l.55, AS IT RELATES TO NURSERY SCHOOL OR DAY CARE CENTERS. CM-36-379 December l7, 1979 ORAL COMMUNICATIONS No comments were offered. REQUEST FOR ANTI- LITTER ORDINANCE A request was received from the Beautification Committee regarding Council endorsement of an Anti-litter Ordinance. CM TURNER MOVED TO ENDORSE AN ANTI-LITTER ORDINANCE, SECONDED BY CM DAHLBACKA. Cm Dahlbacka asked how this proposed ordinance differs from current litter ordinances which are in effect. Gary Reiners, City Attorney, explained that it overlaps slightly with the refuse and garbage or- dinance. He stated that the existing garbage ordinance could be amended to eliminate the redundancies. CM TURNER AGREED TO INCORPORATE INTRODUCTION AND FIRST READING OF THE ORDINANCE INTO HIS ORIGINAL MOTION, WITH CM DAHLBACKA'S AGREEMENT. Mr Reiners pointed out that there was a typographical error on page three, line two: "remove all litter" should read "remove accumulated litter". THE MOTION TO INTRODUCE AND READ BY TITLE ONLY THE ANTI-LITTER ORDI- NANCE WAS VOTED ON AND PASSED UNANIMOUSLY. Council consensus was to postpone the reading of the title of the ordinance until later in the meeting for the convenience of the City Attorney. MATTERS INITIATED BY CITY MANAGER, STAFF AND COUNCILMEMBERS (Re Candidates' Statements in Municipal Election) ON MOTION OF MAYOR KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE RULES WERE SUSPENDED TO ALLOW DISCUSSION OF CANDIDATES' STATEMENTS IN THE 1980 MUNICIPAL ELECTION. It was noted that it has been the tradition in the past to provide without charge, the actual filing and a maximum of 200 words on the sample ballot. CM DAHLBACKA MOVED TO CONTINUE THE TRADITION AS STATED ABOVE FOR THE 1980 MUNICIPAL ELECTION, SECONDED BY CM EBERT. The consensus of the Council was that the motion would apply to both the candidates statements and the recall issue. Cm Staley expressed concern with the cost to the City after the City Manager stated that it cost approximately $175 per candidate. A brief discussion followed and it was noted that it has been the philosophical intent of Livermore City Councils not to preclude any registered voter of the City of Livermore from running for public office. Cm Staley felt that $175 was not an impediment to any serious candidate, and thought that it might be better to let the candidates bear the cost themselves. After further discussion, THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. CM-36-380 December 17, 1979 (Re SB 8) Ed Schilling, Assistant City Manager, asked the Council to sign a letter to the Alameda County Board of Supervisors requesting that they reconsider the beginning point for the negotiations of the re- distribution of property tax upon annexation to a city, as specified in AB 8, which implements Proposition l3. OM TURNER HOVED TO SUPPORT 11R SCHILLING'S COMHENTS AND TO Hi\VE THE MAYOR SIGN THE LETTER TO THE ALAMEDA COUNTY BOARD OF SUPERVISORS, SECONDED BY CM STALEY. MOTION PASSED UNANIMOUSLY. (re Public Hearing Dates) Cm Ebert asked the Council to refer to Public Hearing Items 5.5 (Prezoning application, Terry Saigh, Arroyo Rd/Lomitas Ave.) and 5.8 (Prezoning application, Fred Wagner, 1401 Lomitas Ave.) on the Planning Commission agenda for the December 18 meeting. He asked that these two applications be noticed and set for public hearing at the next Council meeting provided that they meet the requirements for public hearings conducted by the Planning Commission on Decem- ber 18. He commented that it 'Ñould allow the two applicants more time to submit their request for consideration under the RDP. CM EBERT MOVED TO SET THE TWO ITEMS DISCUSSED ABOVE FOR PUBLIC HEARING ON THE FIRST COUNCIL MEETING IN JANUARY. The consensus of the Council was to hold Council meetings on the 7th, 14th, and 28th of January. Cm Turner expressed concern with setting a date for a public hear- ing for a matter which has not appeared before the Planning Com- mission, and questioned the purpose of the request. Cm Ebert stated that Council has taken similar action in the past, that it would expedite matters for the applicants, and get them involved in the RDP process as soon as the pre zoning is approved. Hayor Kamena said he would be basically opposed to any motion that would imply a circumvention of the usual process. However, he con- tinued, the only result of approval of the motion on the floor would be the setting of a public hearing date. Cm Turner asked if the Council would give another applicant the same consideration. Cm Ebert replied that Council has already done so in the past. The Council discussed considering some type of policy change re- garding setting dates for public hearing. CM STALEY SECONDED THE MOTION ON THE FLOOR. Cm Turner requested that staff investigate the possibility of chang- ing the system of se~ting heqrings. He was concerned that Council give the Planning Commission sufficient time to prepare the necessary documents for proper Council consideration and review. CM EBERT AGREED TO INCORPORATE CM TURNER'S SUGGESTION INTO HIS MOTION. IT WAS VOTED ON AND PASSED UNANIMOUSLY. (Downtown Vandalism) Cm Ebert stated that he and Cm Staley have been appointed to a com- mittee to investigate possible mitigation measures for the vandalism and general rowdyness which occurs on First St. He suggested incor- porating into that committee possible methods of ameliorating the vandalism and other problems existing in the Greenville North area. Council concurred. CM-36-38l December 17, 1979 (Re Vandalism in Downtown Area) The Mayor encouraged the members of the subcommittee and the Council to hold a special meeting with the pertinent department heads aft7r the report is ready. At that time the problems can be discussed ~n detail, with recommendations from the Police Dept. and other pro- fessionals as to possible mitigation measures. (Animal Problems) Cm Turner asked if anything had been done animals polluting the water supply, which viously at the Planning Commission level. Zagotta has asked him to check on all the horses and he had asked the County Health ports on what they have done in this area regarding problems with had been discussed pre- Mr Nies said that Cm problems associated with Department to send re- of concern. (The Barn) Cm Turner commented that the Beautification Committee might have some suggestions regarding beautifying The Barn located east of the new Administration Building. He requested that staff look into the possibilities of planting shrubs, vines, etc. to improve the aesthetics of the building. Consensus was to refer the matter to the Beautification Committee, with a report to come back to Council in 30 days. It was noted that a water supply was needed and the Beautification Committee was asked to include any suggestions they may have in this regard. (Re PT&T Hearing) Cm Staley asked the City Attorney if any decision had been made at the Pacific Telephone hearing regarding information charges. Mr Reiners stated he had presented the City's position and the PT&T staff was interested in the City's approach, that the prob- lem should be targeted more carefully with the burden being placed on those who have created it. (Re Valley Memorial Hospital) Cm Staley expressed concern with reports from various Livermore citizens that there has been pressure from some Hospital Board members to move Valley Memorial Hospital to the Pleasanton area. He suggested appointing a staff member as liason to the Hospital staff to keep the City informed about the matter. (Small Subdivisions under the RDP) Cm Staley said it had been pointed out that there is a gap in the RDP for small subdivisions of over 10 lots. He suggested that it should be ascertained whether an inequity exists and if it does, if it can be eliminated. Consensus was to have the Planning staff look into it. (Re Solid Waste Management Board) em Dahlbacka stated that the Solid Waste Management Board of Ala- meda County had met last week and considered the request from Oakland Scavenger to get bids from C & II Sugar to contract for refuse dry fuel that would be processed in the facility in San Leandro. IIe said that it looked like the economics of refuse dry fuel was quite favorable within the current rate structure. CH-36-382 I December 17, 1979 (Re Absence of City Hanager) The Mayor noted that the City Manager will be away the last few days in December and authorized George Nolan, Finance Director to assume the necessary duties in the interim. (Executive Session) The Mayor requested a brief executive session for the purpose of potential litigation. RESO. RE RECYCLING GRANT 1980 ON MOTION OF CH STALEY, SECONDED BY C~1 DAHLBACKA AND BY UNAlHHOUS VOTE, THE COUNCIL ADOPTED A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT APPLICATION. RESOLUTION NO. 368-79 A RESOLTTION AUTHORIZING CITY MANAGER TO EXECUTE GRANT APPLICATION (State Solid Waste Management Board) Mr Schilling explained that the plastic bins, which were on display, are designed to be used as a recycling set. The State will help pay for 400 of them and the City hopes to sell them to members of the community who are interested in the recycling program. RE DISTRIBUTION OF STATE SALES TAX REVENUES It was noted that the League 1979 Annual Conference Resolution No. 62 encouraged all cities to include an advisory proposition on the next municipal ballot reqarding the allocation of the state sales tax. CM TURNER MOVED TO SUPPORT AN ADVISORY PROPOSITION CONCERNING THE DISTRIBUTION OF THE PRESENT STATE SALES TAX SO THAT CITIES AND LOCAL JURISDICTIONS WOULD ACQUIRE A LARGER PERCENTAGE, SECONDED BY CM EBERT. MOTION PASSED UNANIMOUSLY. RE INTRO. OF ANTI- LITTER ORDINANCE The City Attorney read the Anti-litter Ordinance by title only, at Council direction given earlier in the meeting (p.380). ADJOURNMENT There being no further business before the Council, the Mayor adjourned the meeting to an executive session which will in turn adjourn to the next regular meeting to be held January 7, 1980. APPROVE /þ}~~. ayor ATTEST CM-36-383