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HomeMy Public PortalAboutCC MINS 1978 Regular Meeting of January 9, 1978 A regular meeting of the Livermore City Council was held on January 9, 1978, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:07 p.m. with Mayor Tirsell presiding. ROLL CALL Present: Cm Dahlbacka, Kamena, Turner, Staley and Mayor Tirsell Absent: None PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmernbers as well as those present in the audience, in the Pledge of Allegiance. MINUTES - 12/12/77 P. 427, last line should read: MOTION PASSED 3-1 (Cm Turner dissenting because the original request was for $52,000 and this is the amount he would like to have approved.) ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF DECEMBER 12, 1977, WERE APPROVED AS CORRECTED. (Cm Dahlbacka abstained due to absence at that meeting.) OPEN FORUM (P.H. Notice) Kay Parra, 819 Brennan Way, stated that on January 3rd she and her neighbors received a notice of a public hearing to be held by the Planning Commission on January 10th relative to a variance. The notice indicated that final action would be taken by the P.C. on the 10th and she feels the property owners have not had sufficient notice. Mr. Nies was asked about the procedure for notice and he indicated that the notice is generally sent 7-10 days prior to the hearing. Mrs. Parra indicated that this really isn't sufficient notice and would urge that in the future the property owner be given notice earlier. SECOND P.H. RE HCD GRANT FUNDING APP. The Council received a staff report relative to how the HCD grant funds will be allocated if the final application is approved by the Council. Garrett Drummond, representative of the Livermore Heritage Guild noted that the priority for the Duarte Garage was not high enough on the list to be approved and they would like to know what they can do to improve the priority of this project. Mr. Drummond added that the Duarte Garage is being rennovated to be used as a City museum for everyone's enjoyment and one of their sources of funding is some type of "windfall" such as the City is getting through the HCD funding. Mayor Tirsell explained that in adopting a resolution declaring that the Duarte Garage should not be destroyed the statement was made that public funds would not be used towards the restoration. If this is CM-35-l January 9, 1978 (re Grant Funding) going to be changed and not part of Council policy then it should be discussed tonight with direction to the Social Concerns Com- mittee to consider this project when grants are available to the City. Mr. Drummond noted that originally the Council made the motion that the building would be preserved but no "public" funds would be spent on it. It would seem that "public funds" is what needs clarification. Cm Turner noted that he made the motion and the intent of the motion was that City funds would not be spent - those funds from the General Fund, Park Fund, or funds directly allocated to the budget. The staff was asked to schedule this item for discussion as an agenda item. Mr. Drurnrnondasked if it would be possible for the Heritage Guild to obtain some of the remaining $22,000 contingency if it is de- termined that they are allowed to receive money through outside funding such as this. Mr. Schilling indicated that he can't determine at this point whether or not the contingency will be needed but a project can be added later and financed by contingency funding if there is to be excess money available. David Eller, 3797 Oregon Way, stated that he would like to add that the HCD funds includes a slot for historic preservation. Prior to this time the Heritage Guild had to apply to the state for funding and this procedure has been changed to allow them to receive local funding. CM STALEY MOVED TO CLOSE THE PUBLIC HEARING AND TO ADOPT THE RESOLUTION APPROVING THE FINAL HCD APPLICATION. MOTION SECONDED BY CM TURNER AND PASSED BY UNANIMOUS VOTE. RESOLUTION NO. 1-78 A RESOLUTION APPROVING HOUSING AND COM- MUNITY DEVELOPMENT BLOCK GRANT APPLICATION CO~~UNICATION RE I-580 DIAMOND LANES A letter was received from Robert L. Strong, 820 Laguna Street, urging that the Council take the recently adopted position of the Pleasanton City Council calling for the opening of all lanes on I-580 in support of Senator Holmdahl's position to nullify the agreement between CalTrans and the Sierra Club. In discussing the issue it was concluded that the Council would like the staff to contact Senator Holmdahl and Assemblyman Mori to ask that there be an investigation of the value of the diamond lane. Concern was expressed that if the diamond lanes are not given a chance, there will be a lot of opposition and this may jeopar- dize future funding for the remaining portion of I-580 widening. The staff was asked to request that the City be informed as to what type of monitoring is taking place, who is doing the moni- toring, and what type of time frame is being considered for the diamond lane. Also, the Council would urge pursuing widening for the unfinished portion of I-580. ~ CM-35-2 January 9, 1978 (re I-580 Diamond Lanes) It should also be known to our legislators that special attention should be given to the Palomares Canyon area where the three lanes funnel into two, and what affect the opening of the diamond lane would have at this point. Don Miller, 2852 Waverly Way, commented that transportation controls on I-580 are part of the mitigating measures for the LAVWMA Project. David Eller, stated that he feels the diamond lanes cannot really be evaluated properly until the widening project is complete. Perhaps there would be more incentive for people to use the diamond lanes if a car with two or more people were allowed to use it rather than three or more. The Council felt this would be a reasonable suggestion, adding that some vehicles are equipped to carry only two people. The staff was asked to include this suggestion in the list of items to be mentioned to the legislators. Mr. Eller also suggested that for the completion of the second section of the highway if the state would pour six lanes of concrete this would save money and also would meet the agreement with the Sierra Club. . CO~MUNICATION FROM ABAG RE PROPERTY TAX REFORM A letter from ABAG informed the Council of a recently adopted ABAG resolution concerning property tax reform. The resolution expresses the position of the California League of Cities as well as that of Livermore. ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE RESOLUTION RELATING TO PROPERTY TAX REFORM WILL BE ENDORSED BY THE LIVEID10RE CITY COUNCIL AND FORWARDED TO OUR STATE LEGISLATORS. COUNTY CONFERENCE RE JUVENILE DELINQUENCY A letter was received from the Alameda County Commission for the Prevention of Juvenile Delinquency, asking that the City participate as a sponsor for the March 4th conference on juvenile delinquency. Council concurred. LETTER OF RESIGNATION FROM HOUSING AUTHORITY A letter of resignation from the Housing Authority Board was received from David Tritsch. The staff was asked to send Mr. Tritsch a letter thanking him for his service on the Board. CM-35-3 January 9, 1978 DISCUSSION RE LAVWMA PROJECT With respect to the LAVWMA Project, it is necessary that the Council approve the existing draft, or any draft modification, for the LAVWMA Official Statement, the LAVWMA Sewer Service Contract or the LAVWMA-EBDA Agreement. In reviewing the various documents the following items were noted: Official Statement - Galley 31, Population, should show that the population increase is expected to be limited to two per- cent (2%) per year for the duration of the project debt. Galley 32, MB Associates is not part of the Valley and should not be listed, as indicated in line 54, 58, 59, and 60. Delete reference to MB Associates. Galley 39, lines 22 through 24, reference to Cal Air should be deleted, as it no longer services this area. Don Miller noted that the document the Council is reviewing was not in the library nor the agenda packet outside the Council Chambers. He has no idea what the Council is talking about or what the purpose of the statement happens to be. It was explained that the statement is needed in selling bonds for the LAVWMA project, by the LA~m Board of Direc- tors. The statement is required and is used as part of the prospectus. Mr. Parness explained that there were only a certain number of copies made available to the City and inadvertently they were not copied for inclusion with the library packet information. Mr. Miller stated that many times important items relative to this project have not been included in the packet for review by the public and it took only 15 minutes for the LAVWMA representatives to vote on the bond resolution which was also not included in the library packet. It was announced that LAVWMA will be discussing this item again on Thursday at the Dublin-San Ramon Services District building, at 7:30 p.m. and the public is encouraged to attend. In discussing the adoption of the statement it was mentioned that Cm Turner and Mayor Tirsell, as representatives to LAVWMA, should be left some discretion in voting to approve the documents. ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA AND BY UNANI- MOUS VOTE, CM TURNER AND MAYOR TIRSELL WERE DIRECTED TO USE THE DOCUMENT AS A DRAFT AND THE INTENT OF THE COUNCIL. David Eller stated that he would hope the Bond Counsel has included in their documents that 60% of the voters of Liver- more voted down a similar project in November of 1976. Also, the CARD Committee is planning an injunction to require all spending to cease until the culmination of the CARD initiative. ~ CM-35-4 January 9, 1978 (re LAVWMA Sewer Agreement) Review of the Sewer Aqreement: Brief discussion concerning bonds (page 2.) - no change. CM KAMENA MOVED THAT THE CONTRACT BE APPROVED AND EXECUTED BY THE CITY OF LIVERMORE, SUBJECT TO APPROVAL OF ANY CHANGES BY THE CITY ATTORNEY. MOTION SECONDED BY CM DAHLBACKA. Mr. Miller asked why the text concerning bonds refers to a figure of $8.5 million if it's only going to cost $3 million, and why does the Council refer to $4.5 million. Carl Fowler from the Bond Counsel indicated that the bond resolution was for $8.5 million. With respect to the $4.5 and $3 million, the principle bond amount to be issued is $4.5 million, from this the funded interest must be subtracted through the construction period and there has to be a bond reserve for change orders, etc., bringing the net proceeds to $3 million, roughly. Gurnam Sidhu, asked how long the City has to pay for the project and was told that the City must pay until the bonds are retired. David Eller asked about the life time of the project and replace- ment costs for worn piping, etc., but the response from the LAVWMA representative was not audible. MOTION PASSED BY UNANIMOUS VOTE. Section IV - page 4. The Council discussed the 20% reserve capacity set aside which amounts to 3.1 MGD. It was mentioned that the agreement of industrial capacity and Mr. Fowler is between the 3.1 MGD being reserved for the 1 MGD reservation, as well as the calculations. states there would be 1 MGD was asked what the discrepancy in the pipeline and the agreement how the costs are allocated in Mr. Fowler indicated that the reserve is primarily for surges in the pipeline, in the event there is heavy rainfall. Discussion followed concerning whether or not the EBDA Agreement should be modified to show the discrepancy relative to the reserve capacity and the comment was made that EBDA really doesn't care about the amount of flow, provided the amount contracted for is not exceeded. CM KAMENA MOVED TO ADOPT THE SEWER AGREEMENT, ~CONDED BY CM STALEY. CM DAHLBACKA MOVED TO AMEND THE MOTION TO INCLUDE LANGUAGE RELA- TIVE TO INDUSTRIAL CAPACITY RESERVATION TO 1 MGD IN SECTION IV. AMENDMENT FAILED FOR LACK OF A SECOND. David Eller noted that it was his understanding that the size of the pipe is relative to the size of the pump; therefore, if the pump is a certain size, how is an additional 20% pumped out? It was explained that the pump is a certain size but in order to rid the pipe of additional effluent the pump will run as long as necessary to expel the effluent, rather than pumping on a schedule. CM-35-5 January 9, 1978 (re LAVWMA project) Don Miller noted that with respect to operating costs, they gen- erally consist of a fixed part in addition to a part that is proportional to usage. The fixed part continues whether it is used or not, and it would seem that there should be more care taken in determining what would happen to us, should Union City not be a part of the agreement. It was explained that this question was posed a year ago and the state indicated that if there is no EBDA agreement, it is the res- ponsibility of the City to get the effluent to the bay. Mr. Miller stated that he would like to make the point that the City is locked into charges, operating and maintenance costs, almost in perpetuity, and it would be reasonable to know what fraction of those shares will belong to the City and what affect Union City will have on that fraction of shares. Mr. Miller added that it takes six votes to change the Joint Powers Agreement, but the Joint Powers Agreement was prepared to bypass the voters on approving the pipeline project. There- fore, these types of things can always be amended with no pro- tection for the public. If the pipeline is sized for a certain capacity and the surge ponds take care of the winter flow, then there is not the option later for extending the capacity of the pipe by building a larger surge pond, because this is what Pleasanton proposed to do. The point is that the restrictions should be in all the contracts to make it clear that if there is any consideration for expansion larger surge ponds can be built. Even if larger surge ponds are not built the time there is trouble with overflowing pipeline capacity is when it is raining and one of the requirements that the City can't exceed 250 ppm, but we could discharge in the creek and be sufficiently diluted so as to meet the standards of the BAAPCD. It isn't necessary to have the extra capacity because the only time capacity would be exceeded would be the time the ppm would be diluted by discharging down the creek. Lastly, Mr. Miller addressed the 2% growth estimate per year for the life of the project. He stated that there is no valid limitation which prevents the whole population increase from being put into the Valley in one single year. MOTION PASSED 4-1 (Cm Dahlbacka dissenting, as he felt there should be a change to the EBDA Agreement relative to a 1 MGD reservation for industrial.) RECESS Mayor Tirsell called for a brief recess, after which the Council meeting resumed with all members of the Council present. DISCUSSION RE PARKING LIMIT ENFORCEMENT MERCHANTS' PARKING LOT Representatives from Alameda County have requested the oppor- tunity to appeal the recent imposition of a two-hour parking limit for the Merchants' Parking Lot. ~ In order to relieve the problem of visitors to the court facility that may be required to be present in excess of two hours, a special parking exemption slip will be provided by the City that can be issued by the court. CM-35-6 January 9, 1978 (Merchants' Parking Lot) Jerry Burke, representative from the County indicated that the County is concerned about the two-hour parking limit that has been approved for the Merchants' Parking Lot because of the use by people using the court facilities and the length of time they need to park. He added that they also realize there is a parking problem and a need for additional parking but they would like to reach some type of compromise with the City to solve the problem for the merchants, the City, and the County. They would request that the Council rescind this action and to direct the staff to work with the County to try to find a compatible solution. Mr. Burke was asked if the County has reviewed the validation pro- posal for people using court facilities and he stated that they would certainly favor the validation system over no system at all but they feel this system is inconvient. Valerie Raymond, County Supervisor, indicated that rather than thinking of a portion of the lot as the County's and a portion as the City's, it should be considered a citizens' lot because it is a lot which is used by the Livermore citizens, whether they are shopping or using the court facilities. The County feels they have not really had the opportunity to present alternatives or suggestions concerning the use of the lot and how the parking problems can be solved. In discussing the matter it was mentioned that the two-hour limit was staunchly supported by the merchants and to curtail the limit would not really help to determine how effective this alternative might be. It would seem reasonable to allow the two-hour limit on a 90 day trial basis, which would be another two months. Mr. Burke commented that the County will be no more receptive to the two-hour parking limit in 90 days than now, because they will be facing the same problems in 90 days. It was explained that the motion was to implement the two-hour parking but for the staff to work on the matter of the parking problem with the County because the City is well aware of the fact that the County has different parking needs. It was not the intent of the City to ignore the needs of the County. Mr. Burke stated that although the County uses 1/3 of the parking facilities, theoretically they do not have to help pay for leasing the parking facilities. They have agreed to do this as a cooperative effort. It was pointed out during discussions that the people have to pay to park in the County parking facilities in Oakland and this may amount to as much as $5 a day, while the parking facilities in Livermore are free for those using court offices. It would seem that obtaining a validation ticket would be little to ask, in comparison. The comment was made that a 90 day trial would seem a good time to determine whether or not this would be the best solution to the parking problem, with discussions between the staff and County during this time. Mr. Morris, 1590 DeLeon, stated that he feels the requirement to obtain a parking exemption slip is a minor inconvenience and he would support the 90 day trial period with staff negotiations with the County during this time. He added that since the implementation of the two-hour parking he has observed considerably more parking spaces available throu~hout the day. CM-35-7 January 9, 1978 (Merchants' parking Lot) Mel Luna, First Street, stated that he has noticed that there are now parking spaces available during the day where there were none in the past. It was noted that some of the employees from the court have stated that when they arrive early in the morning the reserved parking spaces have been taken by people who are not court employ- ees. ~. There was brief discussion concerning possible purchase of the vacant lot adjacent to the court facilities for additional court parking and Mr. Regan, owner of the property, stated that he may not wish to sell this property and secondly, it has been mentioned that the "overwhelming majority" of merchants requested the two-hour parking and this should be clarified as the "overwhelming majority of merchants who attended the meeting" requested the two-hour limit. He, for one, was not notified of the meeting. The request was not made by the majority of merchants in the parking district. He too has noticed a dif- ference in the parking - people are using the County spaces instead of City parking. Dick Christmas, Pearl Drive, stated that Mr. Regan raised the cost of the lease 150% over what it was, and he will be happy to see the City condemn the property for purchase. Mark Eaton, 1126 Geneva, stated that people from the court have no way of knowing which people will be staying two hours or more, and this does pose a certain amount of in- convenience to court personnel. They also feel that anyone can come in to say they are there for court business and obtain the exemption slip. Even worse would be for some- one to corne to the court with a parking ticket to say that they were there for court business and ask that the ticket be voided. Valerie Raymond also expressed concern that people not visit- ing the court would request validated tickets from the court clerk saying that they are using the lot on court business and she would hope that the staff and people from the County could reach a solution to the problem. The two-hour parking limitation will remain in effect for the 90 day trial period and the matter will be corning back to the Council after that time. REPORT RE COUNTY HEARING RE SEWAGE DISPOSAL SYSTEMS POLICY The County Board of Supervisors will consider adoption of the County Planning Commission policy draft regarding sewage dis- posal systems policy, on January 12th. The City has prepared a recommendation statement for modi- fications of the proposed policy so as to be consistent with the City's position as stated to the Regional Board. ~. CM-35-8 January 9, 1978 (County Sewage Dis- posal Systems Policy) In discussing the six recommendations by the City, the comment was made that recommendation No.6, deals with septic tanks in unincor- porated areas and does not mention that septic tanks that may do harm to the underground water will not be allowed. Mr. Parness explained that the County Health Department's Health Care Services Agency has a very restrictive existing administrative policy concerning septic tanks and this concern would be covered. ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE RECOMMENDATIONS WERE ADOPTED. MOTION TO REORDER AGENDA ITEMS Cm Dahlbacka requested a motion reordering the agenda items to make appointments next, as he must leave the meeting due to illness. ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE AGENDA WAS REORGANIZED TO BRING APPOINTMENTS FORWARD. APPOINTMENTS ~esign Review Committee CM KAMENA MOVED TO APPOINT ROBERT ANGLIN TO THE DESIGN REVIEW COMMITTEE, SUBJECT TO HIS ACCEPTANCE AND CONFIRMATION BY THE STAFF THAT HE DOES LIVE WITHIN THE CITY LIMITS. MOTION SECONDED BY CM DAHLBACKA. Discussion followed concerning Council policy of not selecting any- one to a City committee if they are not Livermore residents. As of the application date Mr. Anglin was a Pleasanton resident who indi- cated on the application that he would be moving to Livermore. There was concern expressed as to whether or not the Council should accept an application from anyone outside the City limits. MOTION WITHDRAWN ON THE BASIS THAT MR. ANGLIN WAS NOT A RESIDENT AT THE TI~lli OF APPLICATION. CM KAMENA MOVED TO REAPPOINT ROBERTA HADLEY AND ANITA THORSEN TO THE DESIGN REVIEW COW1ITTEE. MOTION SECONDED BY CM STALEY, AND PASSED BY UNANIMOUS VOTE. CM TURNER NOMINATED RICHARD BUCKLEY TO SERVE ON THE DESIGN REVIEW COMMITTEE BUT WAS NOT SELECTED BY THE COUNCIL. Industrial Advisory Committee CM TURNER NOMINATED RON FURTADO FOR THE INDUSTRIAL ADVISORY COMMITTEE, AND CM DAHLBACKA NOMINATED JOHN WAGNER. It was mentioned that both Mr. Furtado and Mr. Wagner are excellent applicants and if the Industrial Advisory Committee needs additional members over the current policy of five members, this would be a good opportunity to expand. It was concluded however that the five member committee is adequate. THE COUNCIL MAJORITY SELECTED JOHN WAGNER TO SERVE ON THE INDUSTRIAL ADVISORY CO~MITTEE. J CM-35-9 January 9, 1978 (Appointments) Noise Abatement Comm. CM TURNER NOMINATED NORMAN HONG FOR REAPPOINTMENT TO THE BEAUTI- FICATION COMMITTEE. COUNCIL UNANIMOUSLY REAPPOINTED MR. HONG TO THE COr1MITTEE. MATTERS INITIATED BY THE COUNCIL (Elected Mayor Petition) Cm Turner wondered if some type of action has to be taken by the Council this evening relative to the petition to place the issue of elected mayor on the upcoming ballot. The City Clerk explained that the petition has been received, everything seems to be in order and arguments for or against the measure may be submitted. It will be necessary for her to count and check the signatures on the petition and no action is required of the Council at this time. The matter will be corning back to the Council as an agenda item next week for discussion. The City Attorney noted that the records should show that the initiative petition and the two measures were submitted to the Council for consideration. The Council declined to consider adoption of the ordinance and the matter will be placed on the ballot for voting by the people. ABAG ENVIRONMENTAL MANAGEMENT PLAN Copies of the ABAG Environmental Management Plan have been distrib- uted to members of the Council. It was mentioned that in March the Mayors Conference is going to have a study session on this Plan and Council discussion should take place after this study session. REPORT RE CUP JDog Grooming) The Council received a report from the Planning Commission con- cerning denial of the CUP for a dog grooming salon at 1827 Fourth Street based on the findings that 1) this is a service that is not similar to office uses permitted in the "CO" Zoning District; and 2) the proposed service does not satisfy the intent of the zoning district to provide an area of professional and business offices. ON MOTION OF CM STALEY, SECONDED BY MAYOR TIRSELL AND BY UNANIMOUS VOTE, THE COUNCIL APPROVED THE P.C. RECOMMENDATION TO DENY THE CUP. RESOLUTION NO. 2-78 A RESOLUTION DENYING A CONDITIONAL USE PERMIT (Village Realty) CM-35-l0 lI) January 9, 1978 REPORT FROM P.C. RE REZONING REQUEST - PLEASANT VIEW LANE The Planning Commission has recommended denial of a County referral rezoning request for a parcel on Pleasant View Lane from Single Family Residence, Limited Agriculture (20 acre minimum), to Single Family Residence, Limited Agriculture (5 acre minimum). The recommendation for denial was based on the findings that develop- ment would not have frontage on a public street and it is current City policy to not allow residential subdivisions where new sewer hook-up is required. Mr. Fletcher, real estate agent representing Mrs. Ihrig, explained the history of the property and noted that Mrs. Ihrig could place the land in Agricultural Preserve but if she did this she would not be allowed to build on the property and this is what she wishes to do. It was explained that the potential for that area is for 30-40 residential lots with septic tanks, and this is the City's concern. Allowing a change in the zoning would be the first step towards a proliferation of residential development with septic tanks outside the City limits. The Council has always supported the concept of residential development within the City limits but does not whish to encourage residential development outside the municipal boundaries. One of the reasons the City doesn't want outside development is because people who develop within the City limits help the City complete the street system. When development takes place outside the City limits and are later an~exed to the City the taxpayers bear the costs of condemning and building the streets, providing sewer connection, etc. This creates an unfair burden for the taxpayers of the community. It was noted that the property owners along Pleasant View Lane signed a petition requesting that they be excluded from the City's Sphere of Influence and not included in City plans. The City will continue to oppose the artificial development of a city outside the City limits, as this would be a "parasite" on the City of Liver- more. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE PLANNING COm1ISSION RECO~~ENDATION TO DENY THE REQUEST FOR REZONING (County Referral) WAS ADOPTED. P.H. RE FLOOD PLAIN ZONING The Flood Plain Zoning was referred to the P.C. who considered it and the applicable Negative Declaration at a public hearing held on December 20. ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE PUBLIC HEARING CONCERNING THE FLOOD PLAIN ZONING WAS SET FOR FEBRUARY 6. REPORT RE DEVELOP. FEE REFUND (Bosco) The Community Development Director reported that Peter I. Bosco has requested a partial refund for development fees and the oppor- tunity to amortize certain fees over a period of time, as fees were being revised at the time of development and eventually were lowered. CM-35-ll January 9, 1978 (Development Fee Refund Request) The City Manager reported that although the application for par- tial refuld is understandable, it must be taken into consideration that all forms of City fees and development standards are regularly subject to revision and at times are reduced. If the City were to consider refunds this could constitute a horrendous financil obliga- tion on the part of the City and substantial problems in fairly administering reimbursement. Therefore, it is recommended that the application be denied. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE RECOMMENDATION BY THE CITY MANAGER WAS ADOPTED. Mr. Gorland mentioned, for the record, that no development fees were paid by the developer, Peter Bosco, subsequent to the time the lower fee structure was adopted. REPORT RE PUBLIC LIABILITY INSURANCE The City Manager reported that a recommendation has been received from Gene Morgan, the agent of our current liability insurers, for permission to be declared "Insurance Agent of Record" and thereby able to negotiate on our behalf renewed liability insur- ance coverage. The current policy is about to expire, March 25, 1978, and notice has been received from the carrier that it will not be extended for the third year of its three year term. It is recommended that the City Council instruct that a resolution be prepared declaring the E. E. "Gene" Morgan Insurance Company as the City's Insurance Broker of Record and that this company be in- structed to negotiate liability insurance coverage for the City and to recommend the best possible alternative in this regard. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE CITY ~mNAGER RECOMMENDATION WAS ADOPTED. A resolution will be prepared by the staff. REPORT RE BIDS FOR NEW CITY HALL STRUCTURE The City Manager reported that plans and specifications are complete for the new City Hall structure (City Administration Building) and the project ready for bid solicitation. It is recommended that the Council adopt a motion authorizing bid solicitation. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY 3-1 VOTE, (Cm Karnena dissenting - Cm Dahlbacka absent) SOLICITATION OF BIDS WERE AUTHORIZED. CONSENT CALENDAR Report re FAU Project Amend. The Council approved a program change (PS #2) for the FAU project relative to widening of Stanley Boulevard to cover higher estimated costs for utility relocation and construc- tion costs for the remainder of the project. CM-35-l2 January 9, 1978 RESOLUTION NO. 3-78 A RESOLUTION APPROVING SUPPLEMENT NO. 2 TO STATE/AGENCY AGREMEENT NO. 04-5053 AND AUTHORIZING EXECUTION THEREOF. Reso. Accepting Parcel Map 2048 The public works improvements for Parcel Map 2048 have been com- pleted in accordance with the approved plans and City specifications and subdivision was accepted for permanent maintenance by the City. RESOLUTION NO. 4-78 A RESOLUTION AUTHORIZING FINAL ACCEP- TANCE OF TRACT PARCEL MAP 2048 Reso. re Acquisition of Properties Along Airport East Clear Zone The Council adopted a resolution authorizing the staff to prepare an application for a grant from the State Department of Aeronautics for acquisition of land south of the airport runway. RESOLUTION NO. 5-78 A RESOLUTION AUTHORIZING APPLICATION FOR GRANT - STATE DEPT. OF AERONAUTICS Report re Medeiros Parkway Right-of-Way The Council adopted Alternate "A" relative to acquisition of the Medeiros Parkway right-of-way, for approximately $22,850, and referred the item to the Planning Commission. Reso. re Filing Quiet Title Action (S.P. C()mpany) The Council adopted a resolution authorizing filing of a quiet title action naming Southern Pacific Transportation Company re- lating to their abandonment of the railroad right-of-way. RESOLUTION NO. 6-78 A RESOLUTION AUTHORIZING FILING LAWSUIT . (Southern Pacific Transportation Company) Res. Auth. Filing of Lawsuit (PERS) The Council authorized the filing of a lawsuit against the Board of Administration of the Public Employees Retirement System (PERS) relating to the designation of communication clerks for retirement purposes. CM-35-l3 January 9, 1978 RESOLUTION NO. 7-78 A RESOLUTION AUTHORIZING FILING LAWSUIT (Board of Administration of the Public Employees Retirement System) Reso. Rej. Claim -Hinyard The City Council adopted a resolution rejecting the claim of Robert Minyard. RESOLUTION NO. 8-78 A RESOLUTION REJECTING CLAIM (Robert Minyard) Resolutions (2) re CETA Positions The Council adopted two resolutions amending contracts to ex- tend a CETA position for LARPD and the School District. RESOLUTION NO. 9-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Livermore Valley Unified School District) RESOLUTION NO. 10-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Livermore Area Recreation and Park District) Reso. Establishing 2-Hour Parking (Third St.) As requested by the merchants in the area of Third Street, the Council adopted a resolution establishing a two-hour parking zone along Third Street, between "L" and "M". RESOLUTION NO. 11-78 A RESOLUTION AMENDING RESOLUTION NO. 129-72, AS A~~NDED, RELATING TO LIMITED PARKING ZONES, BY THE ADDITION OF A TWO- HOUR LIMITED PARKING ZONE, TO WIT, THIRD STREET BETWEEN "L" AND "M" STREETS, CITY OF LIVERMORE. P.C. Minutes - 12/6/77 The Planning Commission minutes from the meeting of December 6, 1977, were submitted for informational purposes. Payroll & Claims There were 129 claims in the amount of $211,381.37, and 326 payroll warrants in the amount of $117,658.63, and a certificate deposit of $100,000, for a total of $429,040, dated 12/23/77, and approved by the City Manager. CM-35-l4 January 9, 1978 Payroll & Claims There were 83 claims in the amount of $43,759.34, and a time deposit in the amount of $700,000, for a total of $743,759.34, dated 12/29/77, and approved by the City Manager. Reso. Auth. Appraisal for Medeiros Parkway The Council adopted a resolution authorizing appraisal of real property relative to acquisition of the Medeiros Parkway right-of- way. RESOLUTION NO. 12-78 A RESOLUTION AUTHORIZING APPRAISAL OF REAL PROPERTY (Murrieta Bikeway) APPROVAL OF CONSENT CALENDAR ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. MATTERS INITIATED BY THE COUNCIL (Motorcycles - valley East Residential Area) Cm Turner asked if the City Manager has anything to report on the complaint concerning motorcycles in the.resident~al ~reas of Valley East, and he indicated that he has noth1ng at th1s t1me. (Weigh Station) Cm Kamena noted that the I-580 weighing station was recently destroyed and he would hope that the staff could contact the state to find if something could be done to rebuild that station at the City's cost with reimbursement to be made by the state at a later time, if this would expedite reconstruction of the station. Mr. Parness indicated that reportedly the state has been using a portable weigh station until a permanent building can be con- structed. He will check to find out if this is the case. (CUP Applications) Cm Kamena noted that the Council denied a CUP this evening for a non-permitted use in a CO Zone, and he would like the Planning Commission to review the uses permitted in the CO, conditionally permitted uses in the CO, and to specify which uses would be allowed because the text concerning uses is not specific. Council concurred with the request to refer this matter to the P.C. ORD. RE CERTIFICATE OF OCCUPANCY The ordinance relative to Certificate of Occupancy, Buildings, was postponed until a later meeting, in order that it might be discussed by the Council with the Building Inspector, Herb Street. CM-35-l5 January 9, 1978 ORD. ~lENDMENT RE SEWER CONNECTION The Council adopted a Municipal Code amendment to re-adopt a section of the Sewer Connection Chapter which was inadvertently repealed, ON MOTION OF CM TURNER, SECONDED BY CMKAMENA AND BY UNANIMOUS VOTE (Cm Dahlbacka absent). ORDINANCE NO. 941 AN ORDINANCE AMENDING ORDINANCE NO. 931 RELATING TO SEWER CONNECTION CHARGES GENERALLY, OF CHAPTER 18, RELATING TO SEWERS, OF THE LIVERMORE CITY CODE, 1959. CITY MANAGER STATUS REPORT New Corporation Yard Site Mr. Parness indicated that the staff has been discussing the possi- bility of using Hexcel property for a new City corporation yard site. Springtown Golf Course The new snack bar at the Springtown Golf Course has been open for about 10 days and the City staff is very proud of this attractive addition. The pro promises that they serve the best breakfast in town. National Publication of Article - Water Rec. Plant ~tt. Parness reported that Bill Loftin from the Water Reclamation Plant co-authored an article on the City's water treatment plant which received national publication. This is quite an honor and the City is pleased to have this type of notoriety on the treatment plant. Motor Bikes - Valley East Area Cm Turner has asked the staff to check into the problem of noisy motor bikes behind some of the homes in the Valley East area and the Police Department has been asked on three occasions to increase enforcement. They have insured Mr. Parness that this will be done but there is a fence down and this allows easy access to the area and it is also difficult to catch the culprits. The property belongs to PG&E and they have indicated that they will try to help by posting signs indicating that people are trespassing if they are on the property. Population Count The state will be considering a new estimate of population for the city. Hopefully this will show an increase which will be an advantage to the City's financial return, as the City re- ceives about $25 per person. _.- CM-35-l6 January 9, 1978 (Status Reports) Project Report The City has finally obtained the state's agreement on the Montgomery Engineers contract for Project Report. The delay has been extensive but this has been due to the state's failure to move. Montgomery wanted about $140,000 for the work and the state had decided not to allow more than $75,000. Through the efforts of Mr. Lee the state agreed to $92,000 and this is the figure the City will use and the contract is being drafted. Holmes/Vancouver The bids for the traffic signal at Holmes/Vancouver will be out on February 8. Speed Surveys The speed surveys have been completed as required for traffic speed enforcement. A report is being prepared for Council review and the Council may wish to change some of the posted speeds for some streets in view of the courts attitude concerning speeds for streets. Underpass Drainage The City experienced problems with the drainage of one of the recently constructed underpasses. Unfortunately the drainage facility was clogged by newspapers thrown into the drain by paper carriers. The drain is being cleared and Mr. Lee is working on some type of alarm system that will alert the City to the danger of any type of malfunction. DISCUSSION RE STUDY SESSION The Council discussed the date for the next study session and agreed to devote the evening of February 14th to the study session. ADJOURNMENT MAYOR TIRSELL ADJOU&~ED THE MEETING AT 11:45 P.M. TO A 7:30 P.M. MEETING ON MONDAY, JANUARY 16, 1978. APPROVE ~V-n %~1~ Hayor ATTEST y Clerk rmore, California CM-35-l7 Adjourned Regular Heeting of January 16, 1978 An adjourned regular meeting of the City Council of the City of Livermore was held on Monday, January 16, 1978, at 7:30 p.m. in the Municipal Court Chambers, 39 South Livermore Avenue, Livermore, California. ROLL CALL: Present: Cm Turner, Staley and Mayor Tirsell Absent: Cm Dahlbacka and Cm Kamena (Kamena seated during meeting) The meeting was called to order by J'.iayor Tirsell and immediately adjourned to an executive session to discuss labor negotiations, and adjourned at 7:55 p.m. APPROVE A m %~li . '1ayor ATTEST oLtD~~gA- 't,y Clerk . v ore, California ~egular Meeting of Janua~y 16, 1978 A regular meeting of the Livermore City Council was held on Janu- ary 16, 1978, at 8:00 p.m. in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:10 p.m. with Mayor Tirsell presiding. ROLL CALL Present: Absent: em Dahlbacka, Kamena, Turner, Staley and Mayor Tirsell None PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. PROCLA."1ATION - Jaycee Week Mayor Tirsell read a proclamation announcing January 15th through 21st Jaycee Week in observance of the founding of the Jaycees organization 58 years ago and in recognition of the outstanding service this organization has rendered to the citizens of Livermore. ~. The proclamation was presented to Pat Talty, Jaycees representative. CM-35-l8 January 16, 1978 MINUTES - 12/19/77 and 12/30/77 p. 454, indented quotation in middle of the page should include the remainder of that quotation to read as follows: "In the first ~hase of development provide a north- south pedestr1an link between lip" and "L" Streets from Railroad Avenue to the existing commercial development on First Street. p. 455, last motion on page should show Cm Dahlbacka dissenting. p. 448, eighth paragraph should read: The architect explained that the restroom facilities are not sufficient to cover the needs of a full-house Council, and the Administration Building restrooms will have to be used on some occasions. (Remainder of paragraph to continue as written.) p. 455, motion - middle of page, originated by Cm Staley should read as follows: CM STALEY MOVED TO SPLIT THE AREA TO SHOW TWO DESIGNATIONS WITH THE BOUNDARY SPLIT ALONG THE EASTERLY BOUNDA~Y LINES ALONG BOTH THE HOLDENER DAIRY PROPERTY......ETC. ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETINGS OF 12/19/77 AND 12/30/77, WERE APPROVED, AS CORRECTED. OPEN FORUM No Comments COMMUNICATION RE VINEYARD SHOPPING CENTER A letter was received from Richard J. Elkus, owner of the Vineyard Center, indicating that his plans was for the refurbishing the center within the next year or two. He has learned that Lucky Stores is no longer interested in occupying the current building and will be moving downtown. As their major tenant vacates it will be impossible to restore that shopping center and he regrets that it will probably deteriorate rapidly. Mr. Elkus would urge the Council to continue restriction against super markets in the core of downtown Livermore to help preserve neighborhood shopping centers. Item noted for filing. LETTERS OF RESIGNATION A letter of resignation from the Planning Commission was received from James L. Sadler who has moved out of the City of Livermore. A letter of resignation from the Library Board of Trustees was received from Cliff Marcussen who also has moved from the City of Livermore. The staff was asked to send letters thanking these people for having served the City. CM-35-l9 January 16, 1978 (Resignations) It was suggested that the deadline for Planning Commission appli- cations be at 5:00 p.m. on January 27th, with interviews to take place on January 30th. By consensus of the Council the closing date will be February 3rd at 5:00 p.m., with interviews to begin February 6th. REPORT RE GRANT APP. FOR SOLAR ENERGY HEATING - ADMN. BLDG. The City Manager reported that the consulting engineers have com- pleted the preliminary studies concerning a solar energy heating plan for the Administration Building and the Police Building. The critical aspect of the matter is the percentage of money the City might be able to contribute, taking into account the City's financial constraints, while also considering the potential energy saving cost with such a system. It is recommended that the grant application contain a local funding limit of 10% or possibly l5%. Mr. Schilling stated that he is very pleased to report that he learned just this afternoon that the project cost is considerably lower than originally anticipated by the City and lower than the rough estimate given the City last week. The total project cost is estimated at $ll3,952 and he would recommend that the City pledge about 16.7% of that amount as the local match to a federal grant. This would amount to $19,000, $4,000 of which has been spent for design consultants leaving a remaining $15,000 to be paid by the City. When asked where the $15,000 would come from, Mr. Parness explained that it would have to corne from the City's reserve. This system will provide about 35% of the heated water and heating needs of the major building which means there would have to be some type of duplicate heating system and there will be no immediate sav- ing. Mr. Schilling indicated that the $19,000 match is the amount of anticipated energy cost savings over the next 20 years, al- though there is no immediate savings to install this type of system. The staff was asked if solar heating facilities can be installed at a later date or if this would be the City's last chance to have something like this and Mr. Parness indicated that he is sure it could be installed later. Mr. Schilling pointed out that the building is being designed so as to accommodate the solor heating device at a later date but the Council should recognize that funding for this pur- pose is available to the City now. As this type of engineering becomes more common, it will be more difficult for the City to compete with other projects for funding. The engineers feel this project has an excellent chance for being funded with the recommended match. It was mentioned that this would be a way of prepaying energy costs and since everyone is being asked to conserve energy it might be wise to install this type of system, even if it would be a test of a new system. CM-35-20 January 16, 1978 (Solar Heating - City Admn. Bldg.) It was also noted that this will cost the City only about 1% of the total City Administration Building project and if installed would provide a demonstration project for other people who might wish to take the same initiative. CM STALEY MOVED TO ADOPT THE RESOLUTION AUTHORIZING APPLICATION FOR A SOLAR HEATING GRANT, SECONDED BY CM DAHLBACKA. Marlin Ebert, Sunset Drive, asked where the other $99,000 will corne from and it was explained that this would be the amount covered by the federal grant. He expressed opposition to approv- ing this type of heating device because he felt the cost to be exorbitant and he is sure there are people who have vested interest in this type of heating application. David Eller, Oregon Way, commended the Council for pursuing solar heating for the new City Administration Building because he is sure there will one day be a shortage of natural resources which now supply electrical power and heating. INCLUDED IN THE MOTION WAS APPROVAL FOR INSERTION OF THE FIGURE $19,000 AS THE COST COMMITTED BY THE CITY. MOTION PASSED BY UNANIMOUS VOTE. RESOLUTION NO. 13-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (United States Department of Energy) REPORT RE COUNTY REFERRAL - CUP RE OIL/GAS WELL DRILLING The Planning Commission reviewed a County referral relative to a CUP to permit re-drilling of two exploratory oil and gas wells previously approved for drilling by Alameda County. The drilling would be in the area of Patterson Pass Road. The Planning Commission recommendation is that due to insufficient environmental information, they are unable to submit a recommendation to the County on this item. It was mentioned that in the past the Council has approved the drilling of these wells and there are such wells in the area. The County has also requested environmental information. The consensus of the Council was that the City has been supportive of this type of thing but the City realizes these types of activities are not exempt from the filing of a Negative Declaration and the Council would withhold final support until more information has been received relative to negative impact. CM KAMENA MOVED THAT THE STAFF COMMUNICATE WITH THE COUNTY TO REITERATE THE CITY'S POSITION. MOTION SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. CM-35-2l January 16, 1978 P.C. SUMMARY OF ACTION - 1/10/78 The Planning Commission Summary of Action from the meeting of January 10, 1978, was noted for filing. REPORT RE PETITION - QUALIFICATION OF INITIATIVE The Council was informed that the petition relative to whether or not the Mayor should be an elected position, has qualified and will appear as an initiative measure on the March ballot. The City Attorney has prepared a measure analysis for placement on the ballot, if the Council desires to have an analysis. This would be an impartial measure analysis. The City Clerk explained the procedures followed in declaring a petition to be qualified as an initiative measure, which is done by random sampling of registered voter signatures listed on the petition. There was discussion concerning the ambiguity involving the word "councilmbiii~r<S'" which was used in the notice of intent to circulate a petition which appeared in the newspaper, and the word "councilmen" which appeared in the wording of the actual petition circulated by individuals. The City Attorney explained that the newspaper notice was attached to the bottom of the petition so people did have the opportunity to see both versions. The only way the City could be totally consistent would be to print the measure both ways on the ballot, but this might be confusing to'the-public. On the other -hand if the wording is changed so as to be consistent the City could be charged with having changed a submitted petition. The City Attorney stated that the committee circulating the initiative petition has requested, formally, that the staff use the wording "councilmembers" on the ballot, which would seem to indicate their intent. It was mentioned that the issue surrounding this particular initiative petition is not whether the wording "councilmen" or "councilmembers" should be used but whether or not people wish to elect a mayor and change the City's form of govern- ment. The petitioners recognized that there was an error and requested a change and it would seem reasonable to make this wording change to provide consistency. The City Clerk and the City Attorney were directed to make the decision concerning the wording change. APPOINTMENTS TO COMMITTEES & BOARDS CM TURNER MOVED TO APPOINT STUDENT REPRESENTATIVE JUDITH GREEN TO THE TRANSPORTATION ADVISORY COMMITTEE. MOTION WAS SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. ON MOTION OF CM TURNER, SECONDED BY MAYOR TIRSELL AND BY UNANIMOUS VOTE, NINA SMITH WAS APPOINTED TO THE TRANSPOR- TATION ADVISORY COMMITTEE. CM-35-22 January 16, 1978 (Appointments) CM KAMENA MOVED TO APPOINT ROBERT ANGLIN TO THE DESIGN REVIEW COMMITTEE, AS IT HAS BEEN DETERMINED THAT HE IS A LIVERMORE RESIDENT. MOTION SECONDED BY CM STALEY. Cm Turner requested a one week delay to allow him the opportunity to meet Mr. Anglin and discuss this appointment with him. Council concurred with this request. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, HENRY FREYNIK WAS APPOINTED TO THE NOISE ABATEMENT COMMITTEE. Cm Turner noted that the last time Mr. Freynik was nominated to this committee he voted against him because he didn't fully understand his philosophy. He has discussed noise abatement with Mr. Freynik and would now support his appointment. Cm Kamena commented that the news media caused some sensationalism relative to noise abatement and Mr. Freynik. Mr. Freynik was advised to work with the Noise Abatement Committee if he was really inter- ested in this problem which he has done for the past six months and Cm Kamena would also support his appointment. Resolutions stating appointments will appear as a Consent Calendar item next week. REPORT RE MURRIETA GRADE SEPARATION A report was submitted by the Director of Public Works concerning the possibility of a grade separation project which would be a cooperative effort between Southern Pacific, Western Pacific, Pleasanton, Alameda County, and Livermore. The project could be realized in the next few years and would include the construc- tion of three grade separations and would include only one grade separation in Livermore at Murrieta Boulevard. The total project is estimated at about $5,648,000 and Livermore's share of the cost is estimated to be approximatly $l60,000. No Council action was required, as the report was informative in nature. CONSENT CALENDAR Reso. Auth. Partici- pation in Cooperative Purchasing Staff arrangements have been made between the City, LARPD, and the School District for a cooperative purchasing program, whereby materials and supplies commonly used by each may be obtained through a combined bidding process. It is anticipated that this might result in some cost savings. The Council adopted a resolution to permit the City to participate in a joint bidding process but purchase and payment would remain separate. RESOLUTION NO. 14-78 A RESOLUTION AUTHORIZING THE PURCHASING AGENT OF THE CITY OF LIVERMORE TO PARTICI- PATE IN A COOPERATIVE PURCCHASING PROGRAM WITH THE LIVERMORE AREA RECREATION AND PARK DISTRICT AND THE LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT. CM-35-23 January 16, 1978 Resolutions of ~ointments The following resolutions reflecting appointments made by the Council were adopted: RESOLUTION NO. l5-78 A RESOLUTION FOR APPOINTMENT TO THE INDUS- TRIAL ADVISORY COMMITTEE (John C. Wagner) RESOLUTION NO. 16-78 A RESOLUTION REAPPOINTING MEMBERS TO DESIGN REVIEW COMMITTEE (Roberta Hadley and Anita Thorsen) RESOLUTION NO. 17-78 A RESOLUTION REAPPOINTING MEMBER TO BEAUTIFICATION COMMITTEE (Norman Hong) The following resolution was adopted reflecting Council decision at the meeting of January 11, 1978: RESOLUTION NO. 18-78 A RESOLUTION APPOINTING E.E. MORGAN AS INSURANCE AGENT Payroll & Claims There were 175 claims in the amount of $220,l04.52, and 308 pay- roll warrants in the amount of $ll9,80l.02, for a total of $339,905.54, dated January 11, 1978, and approved by the City Manager. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. MATTERS INITIATED BY THE COUNCIL (Sewer Treatment Plant Application) Cm Turner asked Mr. Lee about the status of the sewer treatment plant application. He explained that the application has been approved for Step I of the treatment plant expansion which is Project Report. Montgomery Engineers and the City are in the process of finalizing the agreement and hopefully the Council will be able to review the agreement in its final form within the next couple of weeks. --- CM-35-24 January 16, 1978 (Traffic Signals for Second/"L" Street) Cm Turner asked Mr. Lee about the traffic signals for Second Street at "L" Street, and he indicated that the design for the signals has been complete for some time. The staff has been doing the final plans which have been sent to the consultant engineer for this project. It is anticipated that these final plans will be corning back to the City sometime this week, with a call for bids shortly thereafter. (re Council Chambers Design) Cm Karnena thanked Ed Schilling for discussing the Council Chambers design with the architect and for presenting alternatives for con- sideration, which was followed by discussion concerning the proposed design. (LAVWMA Pipeline) Cm Dahlbacka expressed concern that the size or capacity of the LAVWMA pipeline can be changed to a significantly larger capacity by providing larger surge ponds. The City has supported a 15.6 MGD line with an additional 1 MGD for industrial/commercial effluent, and it is possible that the line could be expanded to accommodate possibly up to 19 MGD. He would like to have a report from the Director of Public Works relative to what would have to be done to make this a 19 MGD pipeline. The comment was made that Mr. Harding, the engineer hired by LAVWMA, has included all of this information in the report presented to LAVWMA and perhaps this information could be used. Cm Dahlbacka agreed to contact Mr. Harding for answers to some of questions and concerns. ADJOURNr-mNT There being no further Council business, Mayor Tirsell adjourned the meeting at 9:30 p.m. to an executive session to discuss personnel matters. APPROVE '-fl~. YY\ ~ Mayor ATTEST d~~eL/' / Li CM-35-25 Regular Meeting of January 23, 1978 A regular meeting of the Livermore City Council was held on January 23, 1978, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:10 p.m. with Mayor Tirsell presiding. ROLL CALL Present: Cm Karnena, Staley and Mayor Tirsell Absent: Cm Dahlbacka and Crn Turner (both excused business) PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. MINUTES - 1/9/78 ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF 1/9/78 WERE APPROVED, AS SUBMITTED. OPEN FORUM (Smog Linked to Cancer) Don Miller, 2842 Waverly Way, stated that he read an article from a newspaper which calls California the "Cancer Capital" and that there is strong evidence that smog may be the prime cause of soaring cancer rates in the state and that cases of lung cancer in Los Angeles and in San Francisco have doubled in the last year. He read portions of another article which indicates that children who breath heavy doses of automobile polluted air suffer life- long injury. These children suffer a higher incidence of breathing problems, have less athletic ability and their breathing and general health will be affected throughout their lives. Mr. Miller added that the Valley's smog is the worst in California and is directly connected with Valley growth, and in turn the Valley's growth is connected to the availability of utilities. The LAVWMA pipeline's capacity is already excessive from the standpoint of health considerations. This 15.6 MGD project has a minimum capa- city of approximately 20 MGD - 25% greater than the amount approved and a maximum capacity capability of about 25 MGD or 60% greater than the capacity approved by the Council. The pipeline capacity would allow the type of development Geldermann would like approved and there are no safeguards for a project which is oversized. This situation is analogous to the I-580 project in that there will be public pressure and law suits to open up the use .of that additional capacity. The six LAVWMA votes needed to increase the capacity is just not enough of a safeguard to prevent this from happening. The size of the pipeline can be reduced without stopping progress of the project. He urged that real safeguards be implemented for the protection of the health, welfare and safety of the public. ~ CM-35-26 January 23, 1978 (Valley Smog) Ray Faltings, 1018 Via Granada, stated that in reading the agenda there seems to be a document that is to be discussed by the Council that did not appear in the library packet and he would like to know if the bond for the LAVWMA project will be discussed this evening. It was explained that when the agenda was assembled, certain that the document would be received from Mr. time for discussion by the Council at this meeting. has continued to work on the prospectus, and it will this evening. it wasn't Bogner in The Council be discussed (Local Growth) Mr. Faltings stated that during the June budget session and the June Council meeting there was no mention of any increase planned or anticipated for the Water Reclamation Plant budget, and yet there was substantial increase in employment and building structures for LLL and Sandia. There was to have been a staff report and review of the anticipated increased sewage from these places of employment and a possible modification to the contract with these institutions in October. Mr. Lee explained that the City staff has been working with the ERDA staff relative to an amendment to the agreement to construct a new sewer line to service the laboratories. There is a clause in the contract that will cover the sewer service charge that would be equivalent to the LAVWMA surcharge. This matter will be coming to the attention of the Council in the near future. Mr. Faltings wondered how long ago the instrumentation calibrating the flow was checked relative to flow from the labs because it does not seem reasonable that the calculations should show less flow when more people are using the system. Mr. Lee will report back to the Council concerning the last time instrumentation was evaluated. MOTION TO REORGANIZE COUNCIL AGENDA ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE COUNCIL AGENDA WAS REORGANIZED TO PERMIT DISCUSSION OF THE LAVWMA PROSPECTUS WHEN MR. BOGNER ARRIVES. COMMUNICATION RE HCD FUTURE FUNDING PROCESS A letter was received from the Social Concerns Committee concerning future HCD funding and interpretation of the projects which might qualify for funding. They have suggested that the members of the Council and Committee members attend the public hearing concerning funding for the purpose of analyzing, formulating and prioritizing project recommendations and then meet again with the Council prior to a second public hearing. It was felt that it would be helpful if the Council had a relationship with the Social Concerns Committee similar to what has been established with the P.C., in obtaining minutes from their meeting reflecting their opinions, etc., from which the Council can work, and a regular agenda. CM-35-27 January 23, 1978 COMMUNICATION RE FLOOD PLAIN ZONING A letter was received from William E. Glennon, representing the Woelffels, which contained inquiries as to how the flood plains were established, etc. A letter answering questions posed by Mr. Glennon was prepared by Mr. Lee, which was commended by the Council as a very good response. REPORT RE TENTATIVE PARCEL MAP NO. 2387 JResearch Drive) The Director of Planning reported that Tentative Parcel Map No. 2387 (property on Research Drive) allows some slight adjustment in existing boundaries of the industrial properties along Research Drive. It is recommended that the Council adopt a resolution approving Tentative Parcel Map No. 2387 and filing of the Negative Dec- laration. CM STALEY MOVED TO ADOPT THE RESOLUTION APPROVING TENTATIVE PARCEL MAP NO. 2387 AND FILING OF THE NEGATIVE DECLARATION. MOTION SECONDED BY CM KAMENA AND PASSED BY UNANIMOUS VOTE. RESOLUTION NO. 19-78 A RESOLUTION APPROVING TENTATIVE PARCEL MAP NO. 2387 (Research Drive) REPORT RE ANNEXATION INQUIRY - PLEASANTON INVESTORS (Las positas) A letter of inquiry regarding possible annexation of approxi- mately 44 acres of property south of Las positas Road was re- ceived from Pleasanton Investors. The staff notes that this property is designated for parks, trailways and recreation corridor and protected area, in the General Plan. It is recommended that the applicant be notified that the property can be annexed to the City but sewer services cannot be made available at this time. The City Attorney commented that the property is proposed for subdivision of 11 acre parcels through the County who referred the item to the City. The City did not recommend denial because the proposal for large open lots was not inconsistent with the City's planning for that area. The County approved the proposal with the condition that the applicant request annexation to the City of Livermore but the City is not allowed to permit annexation outside its Sphere of Influence area. It has been concluded by the staff that the property should develop in the City and annexation at this time would not be inappropriate, if it would be permitted by LAFCO. The staff would recommend that the owner be notified that the City would agree to annexation if the County would allow some change in the Sphere of Influence policy relative to annexation, and that sewer connections would not be available at this time. ~ CM-35-28 January 23, 1978 (re Annexation - Pleasanton Investors) There was discussion concerning the "no access" strip of property in that area and the City Attorney stated that the City would grant an easement through this area if the property is annexed to the City but it would be a poor policy to begin extending utilities outside the City limits through "no access" barriers. This item will be discussed again if the applicant decides to annex to the City, if permitted by LAFCO. REPORT RE UTILITY EASEMENT - PM 2054 It was concluded that there is no reason to discuss the item of utility easement for Parcel Map 2054 (property south of Las positas Road) until a determination has been made relative to annexation. BEAUTIFICATION COMM. LANDSCAPE PLANS FOR RELOCATED FIRST STREET The Beautification Committee submitted plans for landscaping the relocated First Street area which was approved by the City. The comment was made that the plans were very well done. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE BEAUTIFICATION COMMITTEE'S RECOMMENDATIONS FOR THE LANDSCAPING OF THE RELOCATED FIRST STREET AREA WERE ADOPTED. REPORT RE STREET LIGHTING DESIGN - RELOCATED FIRST ST. Mr. Lee presented a design for the street lighting for the First Street relocation area with the explanation that the proposed cobra lights are the least visible during the day and are not ment to be a decorative item. Mr. Lee was asked if he would be interested in a proposal to reloacte the lights on First Street to the overpass area and to purchase new lights for First Street to match the lights on Second Street and he indicated that he would have to conduct a cost study of such a proposal. The Council expressed interest in the cost of this proposal and also agreed with the 30 ft. pole recommendation. Mr. Lee commented that the study will also include information relative to City-owned lights being placed in an area that will become PG&E-owned lights. Mr. Faltings asked if the state agrees with the 30 ft. pole recommendation, as they generally use a 40 ft. pole, and Mr. Lee explained that it is the City's project but he understands that the state will have no objection with the use of the 30 ft. pole. CM-35-29 January 23, 1978 REPORT RE RECOMMENDA- TION FOR NO PARKING ALONG RELOCATED FIRST STREET AREA The Director of Public Works presented a recommendation that no parking be allowed on either side of First Street between Maple Street and 300 ft. south of Scott Street to accommodate the proposed bike lanes, as there is a limited amount of right-of- way. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED A RESOLUTION RESTRICTING PARKING IN THE FIRST STREET RELOCATION AREA. RESOLUTION NO. 20-78 A RESOLUTION AMENDING RESOLUTION NO. 129-72, AS AMENDED, RELATING TO LIMITED PARKING ZONES, BY THE ADDITION OF A NO PARKING ZONE, TO WIT, BOTH SIDES OF FIRST STREET BETWEEN MAPLE STREET AND SCOTT STREET, CITY OF LIVERMORE. CITY ATTORNEY REPORT RE FBO LEASE AMEND. The City Attorney reported that the airport FBO has requested some minor amendments to the lease, as are being requested by his lending institution relative to 1) future assignment in foreclosure; 2) notice to lender in default; and 3) acceptance of sub-leases. It is recommended that the Council adopt these minor changes. The City Attorney explained that the Council did not receive anything on this item and he would request that the matter be postponed until after the LAVWMA Statement has been discussed. DISCUSSION RE LAVWMA STATEMENT The Council previously discussed the LAVWMA written statement and reviewed Galleys 1 through 24. Mr. Bodnar was present to answer questions the Council might have and to work with the Council in reviewing further changes. The statement is a docu- ment that the LAVWMA governing board will adopt as the official statement to accompany the notice of sale that will be sent out to prospective bidders for the bonds. This document will be the basic backup information describing what this project is about and the financing of it; securing of the bonds and the general nature of the communities and their economic bases. Mr. ~odnar explained that the amount of bonds to be issued will be $4.2 million which represents the amount of bonds to be issued based on actual construction bids received in December, as shown in Galley 68 and Galley 69, with no future bonds to be sold. No changes made by the Council. --' CM KAMENA MOVED TO AUTHORIZE THE CITY DELEGATES TO CAST AN AFFIRMATIVE VOTE ON BEHALF OF LIVERMORE TO ADOPT THIS OFFICIAL STATEMENT, AT THE LAVWMA MEETING, SUBJECT TO APPROVAL BY THE CITY ATTORNEY AND THE CITY MANAGER. MOTION SECONDED BY CM STALEY. CM-35-30 January 23, 1978 (re LAVWMA Statement) Ray Faltings, stated that the document made no mention of the relationship of possible action that might be taken by the CARD Organization, unless it appears elsewhere. The document does not give a clear picture of this activity within the Velley, for those who may wish to bid on the bonds, unless this is covered in other galleys not included in the package at the Library. It was explained that this is presented in Galley 57, and that the copy in the Library represents the first draft of the state- ment. The first draft has been revised and the completed draft was not finished until late Saturday afternoon. r1r. Bodnar was asked why there has not been more time allowed to review the documents and he noted that this is due to a combina- tion of problems relative to dealing with three separate agencies with individual disclosure problems. Mr. Miller stated that the bond resolution provides for the sale of up to $8.5 million, $4.2 million of which will be sold at this time. In his mind bonds could be sold up to $8.5 million even though Mr. Bodnar has stated that no further bonds will be sold. It was mentioned that the original resolution states that bonds beyond the cost of the project amount will not be sold. Mr. Miller stated that as he reads the resolution bonds can be sold for additions or betterment . David Eller, 3797 Oregon Way, stated that he has observed inordinate haste concerning this item over the past several months. He would request a one week delay by the City Council so allow the public a week to peruse the document. The fact that more bonds could be sold is very disturbing. Gurnam Sidhu, 1533 Vancouver Way, asked if the document shows that the community is opposed to the project as proposed and opposed to the sale of bonds and that the community voted against bonds for such a project in November of 1976? Mr. Sidhu was presented with a copy of the document from whlchhe can determine whether or not these items have been addressed. Discussion followed concerning the interpretation by some that additional bonds could be sold and by others that no further bonds would be sold. Mr. Bogner explained that $8.5 million was authorized but since receipt of actual bids there is no intention to sell bonds in excess of the $4.2 million. In the resolution Galley 60 (7) (a) was referred to in the Joint Powers Agreement relative to construction of the project which names the Project Report. The project and engineering is described and the 15.62 MGD is referenced. The Council reviewed and discussed Galley 12, which does not clearly reflect the intent that additional bonds will not be issued because (b) and (c) deal with the issuance of additional bonds. It was mentioned that the intent of was to tie the amount of bonds that and this should be made very clear. this clearly. the LAVWMA representatives could be sold to the project The document does not reflect CM-35-3l January 23, 1978 (re LAVWMA Statement) Mr. Miller stated that the problem is not with the galleys but rather the bond resolution which was adopted in haste and with- out full consideration of what the words meant. The fact of the matter is the bonds can be sold and at this point there is nothing in any of the agreements to limit the sale of bonds to just this project which was described in project Report - namely 15.6 MGD plus 1 MGD for industrial. David Eller asked if the resolution could be changed to reflect a maximum expenditure of $4.2 million and perhaps any excess sizing, etc., could go to the vote of the people rather than just the board. It was explained that the decision by the board to sell more bonds is a function of the JPA, not this document. with res- pect to changing the resolution to reflect $4.2 million, Mr. Bodnar couldn't answer as to whether or not it could be changed, as this would be a decision by the bond counsel. The City Attorney stated that he will meet with Ken Schidig from Pleasanton and the bond counsel to discuss the concerns raised by the Councilmembers and the public. It was mentioned that the JPA is the City's only protection against over spending and the City Attorney mentioned that the JPA is the constitution of the agency. It is the funda- mental organic document. If, for example, a California law is in conflict with the Constitution, the law gives way - not the Constitution. You can't change the Constitution and every- thing must be in conformity with it. This is the role the JPA plays in this situation. The bond resolution is nothing more than an enactment under the JPA and cannot enlarge any of the powers under the JPA. Mr. Bodnar stated that he would agree with what the City Attor- ney has said - the JPA says the bonds will be issued for this project alone and there is no reference to any future projects. Mr. Miller stated that the words in the bond resolution talk about "additions" and "betterment" and within the bond resolu- tion itself allow the expansion. This allows for building an addition to the project. Mayor Tirsell, the City Attorney and Mr. Bodnar have all indicated that the City's protection lies in the JPA and yet this document was changed by the board. This means that any future members of the JPA can do the same. There should be some other kind of protection for the public written into the documents that does not depend on the whims of a LAVWMA agency five years down the line. Mayor Tirsell explained that the project description was not amended by LAVWMA which is separate from the funding mechanism. The funding mechanism section is what was amended. Once the Project Report is filed with the state this is "The Project". Mr. Miller reiterated that there are two points he is trying to make: 1) the LAVWMA JPA can be amended at any time to make use of the full amount of the bond; and 2) "The project" as far as the bond resolution is concerned includes "additions" and "betterment" - additions increase the size. David Eller stated that if the City is really concerned about Gelderville, small growth rate in the valley, and the environ- ment, they will listen to citizens like he, Don Miller, and Mr. Sidhu rather than simply ignoring their comments. ~ CM-35-32 -8- January 23, 1978 (re LAVWMA Statement) Andy Jorgensen, 509 Rincon Avenue, stated that in 1933 people in California voted to approved a California Water Project for $330 million worth of bonds. Some 25 years later the governor of California tried to sell these bonds for a project that had never been built and all the courts upheld the ruling that the bonds could legally be sold; however political heat prevented the sale of the bonds. The point is that the bonds were authorized and sat idle for 25 years but could be sold. He would agree with what Mr. Miller has said in that a new LAVWMA board could authorize the sale of the extra $4.3 million. CM KAMENA INCLUDED IN HIS ORIGINAL MOTION TO EXCLUDE THOSE GALLEYS THAT ARE PERTINENT TO THE ABILITY TO SELL REVENUE BONDS IN EXCESS OF $4.2 MILLION, WITH REGARD TO OUR AUTHORIZATION FOR APPROVAL THROUGH OUR LAVWMA DELEGATES. INCLUSION ACCEPTED BY CM STALEY. The City Attorney commented that it is possible that he might be able to contact Ken SChidig, the LAVWMA attorney, by telephone to find out if he has discussed this item with the bond counsel. If he has he may have some information that would be of help to the Council at this time. CM KAMENA MOVED TO TABLE ALL DISCUSSION OF THIS ITEM, SECONDED BY MAYOR TIRSELL, WHICH PASSED 2-1 (Cm Staley dissenting). RECESS Mayor Tirsell called for a brief recess after which the Council meeting resumed with members of the Council present as during roll call. CONTINUED DISCUS- SION RE LAVWMA ITEM The City Attorney reported that he was not able to contact Mr. Schidig during the recess. CM KAMENA MOVED TO TAKE THE LAVWMA STATEMENT DISCUSSION AND MOTION FROM THE TABLE, SECONDED BY CM STALEY, WHICH PASSED BY UNANIMOUS VOTE. The City Attorney was asked if a subsequent resolution for the sale of any additional bonds, passed by the LAVWMA agency, would have to state that it is for a certain reason and for a certain amount and referred to the JPA and he indicated that it would. A lawful object or purpose would be required. These are revenue bonds and the security for the bonds is the revenue producing facility that is actually constructed with the revenue from the bonds. If a bond issue were proposed without any intention of developing a revenue producing facility, they would be unsaleable. CM KAMENA RESTATED HIS MOTION THAT THE CITY COUNCIL APPROVE THE LAVWMA STATEMENT DATED 1/27/78, SUBJECT TO THE APPROVAL OF THE CITY MANAGER AND THE CITY ATTORNEY, AND THAT SUCH APPROVAL MUST SPECIFICALLY SET ASIDE THE CONCERN THAT THE AMOUNT OF MONEY AUTHORIZED IS CONSISTENT WITH BOTH THE JOINT POWERS AGREEMENT AND THE 15.62 PROJECT AS IT REGARDS ANY AMOUNT OF BONDS IN EXCESS OF $4.2 MILLION. MOTION HAD BEEN SECONDED BY CM STALEY. Cm Kamena noted that the intent of the motion is that if the City Manager and the City Attorney are not satisfied that those excess bonds are adequately protected, a meeting will be scheduled prior to the LAVWMA board meeting with all five Councilmembers present. CM-35-33 January 23, 1978 (LAVWMA Statement) The City Attorney advised that the Council meeting be adjourned to a Friday, January 27th meeting, which could be cancelled if deemed unnecessary. MOTION PASSED BY UNANIMOUS VOTE. RETURN TO REPORT RE FBO LEASE AMEND. The City Attorney had reported to the Council that the airport FBO has requested minor amendments to the lease and recommends that the Council approve the requested changes. Relative to Item 4., of the Consent and Agreement, the City Attorney was asked why the party taking over the lease during foreclosure proceedings is not liable for paying the ground rent during that time? The City Attorney explained that the lender will foreclose only in the event of an outstanding default or obligation. Possession doesn't mean actual possession but rather constructive possession under foreclosure. In Item 2., there is an automatic assignment of the lease to the lender if the lender forecloses against the present lessee. There was concern that a default, particularly with respect to ground rent, could go on for several months prior to foreclosure. This was followed by discussion and explanation by the City Attor- ney as to how the City is protected in the terms of the lease agreement. CM STALEY MOVED TO ADOPT A RESOLUTION AUTHORIZING THE CONTRACT AMENDMENT. MOTION SECONDED BY CM KAMENA, WHICH PASSED BY UNANIMOUS VOTE. RESOLUTION NO. 21-78 A RESOLU'P~eNAU'l'HORIZING EXECUTION OF CONSENT AND AGREEMENT (Wells Fargo Bank - FBO) CONSENT CALENDAR Reso. Auth. License Agree. The Council adopted a resolution authorizing a license agreement extending permission to place a kiosk to the rear of the J. C. Penney store. RESOLUTION NO. 22-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREE- MENT (John L. Farley, Jr. - Kiosk Location) CM-35-34 January 23, 1978 Reso. Auth. Exec. of Sale Agreement All of the necessary documents for the sale of City Hall have been received, including deposits, and are in order and the Council adopted a resolution authorizing execution of contract for the sale of property located at 2250 First Street. RESOLUTION NO. 23-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Robert J. Schoen and Howard A. Ives - Sale of City Hall Property) Appt. Resolutions The following resolutions confirming appointments previously made by the Council were adopted: RESOLUTION NO. 24-78 A RESOLUTION FOR APPOINTMENT TO THE TRANS- PORTATION COW1ITTEE (Nina Smith) RESOLUTION NO. 25-78 A RESOLUTION FOR APPOINTMENT TO THE TRANS- PORTATION COMMITTEE (Judith Green) RESOLUTION NO. 26-78 A RESOLUTION FOR APPOINTMENT TO THE NOISE ABATEMENT COMMITTEE (Henry Freynik) Reso. Revising Job Descriptions The Council adopted a resolution rev1s1ng job descriptions for Police Cadet, Police Officer and Water Reclamation Plant Maintenance Mechanic, as recommended by the Personnel Director. RESOLUTION NO. 27-78 A RESOLUTION APPROVING REVISED JOB DES- CRIPTIONS (Police Cadet, Police Officer and Water Reclamation Plant Maintenance Mechanic) Departmental Reports The following monthly departmental reports were distributed for informational purposes: Municipal Court - November Mosquito Abatement District - November Police and Pound Departments - December Water Reclamation Plant - December CM-35-35 January 23, 1978 P.C. Minutes 12/20/77 The Planning Commission minutes for the meeting of 12/20/77, were submitted for informational purposes and noted for filing. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. MATTERS INITIATED BY THE STAFF (Business Directory) Mr. Gorland reported that the Chamber of Commerce intends to publish a business industrial directory and he would like authorization from the City Council this evening for a two page ad by the City in this directory at a cost of $800. Mr. Gorland was asked if this would be his recommendation in helping to promote community development and Mr. Gorland stated that he has received such short notice that he really hasn't had time to review the nature of the publication and secondly his budget did not anticipate a cost for this type of item. The Council felt more information as to how such an ad would be of value is needed prior to Council authorization. Mr. Gorland will report back to the Council on this item next week. MATTERS INITIATED BY THE COUNCIL (LAVWMA Pipeline) Cm Kamena stated that he has spoken with Cm Dahlbacka on the telephone and he has expressed interest in asking the LAVWMA pipeline engineer to discuss the actual design of the force main which is a 36" line from VCSD to the summit. It has been recently determined that the 36" line will allow a larger project and Cm Kamena, speaking on behalf of Cm Dahlbacka, would like to know why this information was not brought to light months ago. It was noted that the information was available eight months ago and the whole project was approved eight months ago. ern Kamena commented that he believes what Cm Dahlbacka would like to know is that if there have been some pertinent changes made, different from the old project, and if the differences would affect the Environmental Impact Statement. The Mayor stated that a decision was made eight months ago with information and facts contained in a 300 page document used as reference for this decision. She would urge people to obtain answers to their questions from the LAVWMA engineers. -~. CM-35-36 January 23, 1978 (re LAVWMA Pipeline) The Mayor explained that the hearing was properly noticed, the document was available to the public for their information and the LAVWMA discussion took place for two hours before any decision was made. Cm Dahlbacka was an alternate representative, received the same information as everyone else. Mr. Miller stated that he feels this is a deviation from the original concept and policy adopted by the Livermore City Council - for the smaller pipe line. The Environmental Impact Statement pointed out very clearly that a population of 151,000 for the Valley was inconsistent with attaining clean air and yet there is a possibility that the population can grow to 275,000 with the size of the present project which is a lot worse than 151,000. The EIS says that the Valley will never meet the Federal Air Quality Guidelines if there is growth at the 2% level adopted by the Council. David Eller commented that during one of the LAm~ discussions Mr. Harding reported that using a 225 psi pump, 21 MGD could be pumped through the pipeline. Cm Kamena commented that he has some concerns as to whether or not the project is designed for the basic E-O projections (15.62 MGD) in view of the fact questions have been raised concerning modifications that may have been made. It would seem that the concerns that have been expressed relative to the pipeline and the funding that has been approved might be discussed in detail at the Friday meeting. The staff was asked to contact Bob Bradford and ask him to attend the Friday meeting with the necessary information and documents that would help answer questions regarding the LAVWMA project which might be brought up at that time. (Appointment) Cm Staley reported that last week he was selected as the ABAG member of the Emergency Medical Services Task Force. The Councilmembers offered their congratulations. (Study Session) Mayor Tirsell stated that the Council has scheduled a study session for February 21. She has written a discussion paper for a short-term and long-term strategy that the Council needs to discuss in light of the Wornow and Anderson property problems. She would request Council permission for the P.C. to attend this meeting to discuss this item also. Council concurred. (ABAG Environmental Management Plan) Mayor Tirsell noted that the deadline for submitting written amend- ments to the ABAG Environmental Management Plan is February 7th. CM-35-37 January 23, 1978 INTRO. OF ORD. RE CER- TIFICATE OF OCCUPANCY CM KAMENA MOVED TO INTRODUCE THE ORDINANCE AMENDMENT RELATIVE TO CERTIFICATE OF OCCUPANCY, TO BE READ BY TITLE ONLY. MOTION SECONDED BY MAYOR TIRSELL. It was mentioned that this ordinance amendment appears to be broader than what the Council had intended. The purpose the Council had in mind was to determine which buildings in the down- town area are a danger to public health and safety. It was re- ported that some of the buildings have no rear access, no sani- tary facilities and no fire access. It would be reasonable to have the City inspect and require correction of these types of deficiencies but this ordinance provides for the inspection of every industrial and commercial building in town whenever there is a change of use, etc. Discussion of the ordinance amendments followed with explanations by the Building Inspector. It was suggested that perhaps there could be mandatory inspection of buildings contructed prior to 1958, at the next change of use or occupancy, but the argument was made that inspections are not necessarily needed because of the age of the building. Mr. Gorland stated that a change of use may mean that the build- ing is'not suitable for new occupants. The inspection would reveal any problems that should be corrected for new occupants. CM STALEY MOVED THAT THIS ITEM BE POSTPONED UNTIL THE NEXT COUNCIL MEETING, SECONDED BY MAYOR TIRSELL AND PASSED BY UNANIMOUS VOTE. ADJOURNMENT There being no further Council business, Mayor Tirsell adjourned the meeting at 11:30 p.m. to an executive session to discuss personnel matters, and to an adjourned meeting Friday, January 27, at noon in the con~efence Room of City Hall, 2250 First Street. APPROVE ~~ ~ ~.JJ2 Mayor ATTEST ~. The adjourned regular meeting scheduled for Friday, January 27th was cancelled and the Councilmembers will meet at the next regular meeting scheduled for February 6, 1978. -../ CM-35-38 Regular Meeting of February 6, 1978 A regular meeting of the Livermore City Council was held on February 6, 1978, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:10 p.m. with Mayor Tirsell presiding. ROLL CALL Present: Cm Kamena, Staley and Mayor Tirsell Absent: Cm Dahlbacka and Cm Turner (both excused - business) PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. SPECIAL ITEM - PROCLAMATIONS Mayor Tirsell read a proclamation designating the week of February 12th Crime Prevention Week and the week of February 8th, Vocational Educa- tion Week. MINUTES - 1/16/78 AND 1/23/78 ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETINGS OF JANUARY 16TH AND JANUARY 23RD WERE APPROVED, AS SUBMITTED. OPEN FORUM (Lindgren Resignation) Marlin Ebert, 1447 Sunset Drive, stated that one of the Councilmembers has made "political hay" of the Lindgren resignation and that this is a glaring political issue, not because of what the results may be or the reason. He stated that Chief Lindgren was guilty enough to resign all of his jobs in the Valley but not guilty enough to be accused of anything. (Central Area Mall Landscaping) Terry Fox, 2794 Tahoe Drive, stated that he has been asked by people in the community if plans for the landscaping of the downtown mall area (Central Area Element) include benches in the landscaped areas. It was explained that these types of details are not part of the General Plan but rather are part of the site plan and shopping center ordinance and this is one of the requirements along with restroom facilities, drinking fountains, etc. At the time the Planning Commission and Council reviews the site plan as the area develops, they will determine if all of the require- ments have been met. (Parking) Paula Rosetti, a student from the beauty college, read a petition requesting that a certain area be designated for parking of students and customers, as they presently have no place to park for longer than two hours. CM-35-39 February 6, 1978 (re Parking) It was explained that the merchants pay for the parking lot for use by their customers and they have asked their employees to park elsewhere. They also requested the parking time limit. The City felt this was a reasonable request and agreed to enforce the two-hour parking limit for a 90-day period. PUBLIC HEARING RE ZOo ORD. MAP AMEND. RE FLOOD PLAIN ZONING The Planning Director reported that in order for local properties to qualify for federal subsidy for flood insurance, these areas must be designated as OS-F District acreage. The proposal would apply to flood channels and arroyos and does not include all of the areas shown in the flood plain area indicated by HUD. It is recommended that following conclusion of the hearing an ordi- nance be drafted formalizing the OS-F District areas. Mr. Nies explained that HUD conducted a study which is illustrated on the map as the red areas and the City agrees with these designa- tions basically with a few exceptions where the Public Works Depart- ment feels flood control can be attained through engineering prac- tices. For the benefit of those in the audience Mr. Lee explained that the Flood Plain Zoning has been implemented as the result of flooding in various parts of the'United States with major disaster areas. The federal government is requiring the study in an effort to inform people that they are located in a flood plain area, sub- ject to flooding, and to inform potential developers and lending institutions. Adoption of the proposed ordinance will designate areas that would always be in the flood plain areas. Sophia VonGottfried, 3847 Yale Way, stated that she owns a piece of property which has about 50 ft. included in the flood plain zone and she would like to know how this affects the property. Mr. Lee stated that the notice was to inform property owners that they are located in this area and that no building structure would be allowed. Mr. Lee was asked if a structure such as a greenhouse would be permitted and he indicated that this would require a building permit and it would not be allowed. A letter of inquiry as to how this designation would affect the property owned by the Church of Crist was received from John R. Deckenback, Associate Conference Minister. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. Members of the Council wondered why a temporary type of structure such as a greenhouse would not be allowed and the City Attorney explained that it was the intent of the government to prohibit development of structures in flood plain zones to alleviate the problem of a large number of claims for flood-damaged structures. The only way the government could provide communities with flood insurance would be to reduce the number of claims and to keep people out of flood plain areas. .~ CM-35-40 February 6, 1978 (re Flood Plain Zoning) ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE P.C. RECOMMENDATIONS WERE ADOPTED, THE STAFF WAS DIRECTED TO PREPARE THE ORDINANCE, AND TO FILE THE NEGATIVE DECLARATION. P.H. RE DESIGNATION OF LAND CONSERVATION CLASSIFICATION The public hearing was opened relative to the application for establishment of a 15.63 acre agricultural preserve, located on the east side of Vasco Road, opposite Idlewild Avenue. At present the property is zoned OS-A (Open Space - Agricultural) and owned by Robert N. Cornett and Edward S. Ageno. No public testimony offered. Mr. NieB explained that the 100 acre requirement would need to be waived but in this case the property is surrounded by acreage in the agricultural preserve and the waiver would be reasonable. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE RESOLUTION PLACING THE PROPERTY IN AN AGRICULTURAL PRESERVE, BASED ON THE FINDINGS OF THE P.C., WAS ORDERED. Resolution will be prepared by the staff and included as a Consent Calendar item next week. RE. REPRESENTATIVE TO COUNTY HOUSING AUTHORITY A letter was received from the Social Concerns Committee requesting that Cm Dale Turner continue to serve as the City representative to the Alameda County Housing Authority Advisory Commission and that a Councilmember always be the representative. Item noted for filing. HERITAGE GUILD REPORT OF 1977 ACTIVITIES The Livermore Heritage Guild submitted a report of 1977 activities and expenses, for informational purposes. Item noted for filing. LETTER RE CRIME PREVENTION WEEK A letter was received from the Alameda County Crime Prevention Committee thanking the City for its active participation in this program and requesting adoption of a proclamation designating February 12th, Crime Prevention Week. Item noted for filing. LETTER FROM SENATOR HOLMDAHL RE I-580 A letter from Senator Holmdahl indicates that restriction in the use of lanes along I-580 will continue in effect until there is a modification in the Sierra Club judgment against the Department of Transportation. No time limit was stated in the judgment. CM-35-4l February 6, 1978 (re I-580 Lanes) Senator Holmdahl indicated that he would agree that the use of the fast lanes restricted to three person occupancy vehicles is arbitrary but the judgment resulted from negotiations between the Department of Transportation and the Sierra Club. He is making every effort to see that the freeway is opened to full use and he forwarded a copy of the resolution he has introduced relative to this item. Iten noted for filing. NEG. DECLARATION RE COUNTY POLICY RE DIS- CRETE SEWAGE FACILITIES The Council received a copy of the County's Negative Declaration on their proposed Policy for the Use of Discrete Sewage Facilities in Unincorporated Alameda County, along with notification of a public hearing scheduled for February 23. Cm Staley stated that in studying the County's initial study for the Environmental Impact Report and he does not understand how they could possibly have made the findings they did. He would question findings 1, 2, 3, 14, and 18, and he would suggest that the City challenge the Negative Declaration for the Environmental Impact Report. The City Attorney stated that he has prepared a the City's objections which must be teceived by ruary 9th, n-....l..tk e~~L ~ A-.~ letter setting forth .~ ~.y ~by Feb- a<~ No further discussion. MOTION TO REORGANIZE AGENDA CM KAMENA MOVED TO PERMIT REORGANIZATION OF THE COUNCIL AGENDA WITH DISCUSSION OF THE SPRINGTOWN GOLF COURSE TO FOLLOW MOTION. MOTION SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. REPORT RE SPRINGTOWN GOLF COURSE FEE ADJUST. The Director of Public Works reported that in view of the substantial improvements and upgrading of the condition of the Springtown Golf Course, he would propose a nominal fee adjustment as outlined in the fee schedule chart. It is also recommended that present members to the Springtown Asso- ciation continue to pay to the City, a monthly fee of $lO per month for use of their private carts, as per current contractual commitment, and future residents owning their own carts would pay $15 per month, $5 of which would be retained by the golf pro. Mr. Lee was asked why there is no change recommended for the junior rates and he indicated that this was changed not very long ago, from $1 to $2 and the Association felt this would be reasonable, as the golf pro would like to encourage younger golfers. --/ Discussion followed concerning the recommended fee modification and concern was expressed for raising the fee when it is the intent of the City to attract additional rounds of play at Springtown. CM-35-42 February 6, 1978 (Springtown Golf Course) Mr. Lee explained that the rates at Springtown have always been kept very low because there have never been facilities available to meet the demands of the public. If the new rates are adopted they will still be lower than competitive courses. It is anticipated that the increase in rates will increase City revenues and will not adversely affect the amount of play. Mr. Thackler, 1147 Astor Lane, President of the Springtown Men's Golf Club, stated that they support the recommended fee modifica- tion as proposed by Mr. Lee. CM STALEY MOVED TO ADOPT THE STAFF RECOMMENDATION TO INCREASE THE FEES, AS OUTLINED, AND TO DIRECT THE STAFF TO PREPARE A RESOLUTION AUTHORIZING AMENDMENT TO THE GOLF PRO AGEEEMENT. MOTION SECONDED BY MAYOR TIRSELL. Terry Bernsed, Captain of the Ladies Club, and on the Board of Directors for the Springtown Association, stated that they did not have time to study the fee modification proposal as they re- ceived the letter concerning this item late Friday, from the Board of Directors. They have no objections to the fee modi- fication but they would recommend that their fees be no higher than those charged at Las Positas. Terry Fox, 2794 Tahoe Drive, stated that he would like the fee to remain unchanged for senior citizens, as they are on fixed incomes and have enough problems with property taxes. Mr. Lee was asked to meet with the various committees and bring a recommendation on the Las positas fees for discussion at budget time. Very shortly nine reconstructed greens will be ready for play and other greens will be reconstructed in the near future but will not be ready for play until summer. MOTION PASSED BY UNANIMOUS VOTE AND THE RESOLUTION WILL APPEAR AS A CONSENT CALENDAR ITEM LATER. RECESS Mayor Tirsell called for a brief recess after which the Council meeting resumed with members present as during roll call. REPORT RE REQUEST FROM LARPD RE FINANCIAL ASSISTANCE - RAVENSWOOD PROJECT The City Manager reported that LARPD has requested financial assistance in the amount of $147,500 for the completion of Phase I of the Ravenswood Restoration Project. The amount is based on a formal bid from a contractor who is waiting to be retained for the work. The only source of funding would be the "Park Fund" and the City Manager included a financial analysis illustrating budgetary obligations for the current year and those forecast for the next fiscal year. Mr. Parness reported that he has just learned that the MTC has adopted a new policy whereby local funding will not be necessary for maintenance expenses for local transportation and TDA funds for maintenance purposes will be debited against the amount for capital expenses. This means that the $100,000 set aside by the Council for this purpose will no longer be needed and could be used where needed. CM-35-43 February 6, 1978 (re Ravenswood) Mike McCracken, Chairman of the LARPD Board of Directors, reported that restoration of Ravenswood is at a standstill because of prob- lems encountered with the contractor. They now have a new contrac- tor who is ready to begin work. Without financial assistance from the City they would have to go to a lending institution to obtain funds. This would mean that other projects would suffer, such as park development, and the recreational programs. The Board feels that it would be proper to extract these funds from the Park Fund. They also feel that Ravenswood is of overriding importance and if necessary other desirable park projects should be delayed a year or two in favor of completion and financing of the Ravenswood Project. -_/ The District has taken legal action against the contractor who de- faulted and they intend to recover $70,000, which would be returned to the Park Fund unless there is some agreement that it be used for a different purpose, at that time. Mr. McCracken explained the history and problems encountered with the project which was followed by general discussion. During the discussion Mr. McCracken gave the following information: l) Com- pletion of Phase I is for the completion of the main house and pump (tank) house and stabilazation of the other two buildings - not inside restoration; 2) the work that was done was satisfactory but incomplete: 3) it is anticipated that furnishings will be donated but LARPD is in hopes of obtaining a federal grant to pay for fur- niture: 4) a performance bond was not posted by the former con- tractor but the present bidder has provided a lO% cashers check and will post a performance bond; 5) as the result of legal action taken against the contractor, LARPD intends to recover $70,000 to $75,000; 6) consideration has been given to constructing some type of cultural building along the driveway area as well as restroom facilities outside the building, and this would still qualify as an historical site in the National Registry. David Eller stated that he feels it would be appropirate to take $100,000 from the Park Fund to help complete this project, at least to the point where it can be completed through volunteer efforts. He feels that the $493,000 for the construction of the City Hall should be returned to the Park Fund and used for a park use. Ayn Weiskamp, from the Beautification Committee, stated that they toured the Ravenswood site with people from LARPD and the consensus of those who took the tour was that Ravenswood is very vital to the community and that it would be worthwhile to use the Park Funds for completion of this project. In discussing with LARPD which park projects could be postponed they found that Wagoner Park II for $35,000 and the First Street beautification at $15,000 could be delayed. This would provide an additional $50,000 that could go towards the restoration of Ravenswood. Jerry Wilverding, 4886 Primrose Lane, stated that he would like to add his objection to spending the $493,000 for the construction of City Hall. He would suggest that the $493,000 be spent for Ravenswood and the money returned on the house held in bond be returned to the City's revenues. CM STALEY MOVED TO INSTRUCT THE STAFF TO COMMIT THE REQUESTED $148,000 TO THE RECONSTRUCTION OF RAVENSWOOD FROM THE PARK FUND AND FOR THIS PROJECT TO BE PLACED AT THE TOP OF THE PARK FUND PRIORITY LIST WITH INSTRUCTION BY THE STAFF AT A LATER DATE, A -/' REORDERING OF THE PRIORITIES TO ACCOMPLISH THIS PROJECT, AND AS A CONDITION OF THE GRANT THAT LARPD ASSIGN TO THE PARK FUND THE PROCEEDS FROM THE RECOVERY ON THE ORIGINAL CONTRACTORS SECURITY. MOTION SECONDED BY CM KAMENA. CM-35-44 February 6, 1978 (re Ravenswoed Project) CM KAMENA MOVED TO ~~ND THE MOTION TO ALLOW THE CITY ATTORNEY AND THE CITY MANAGER THE RIGHT TO REVIEW THE CONTRACT IN COOPERA- TION WITH LARPD, FOR THE ACTUAL CONSTRUCTION. AMENDMENT SECONDED BY CM STALEY. Terry Fox urged that the money be disbursed in a more prudent manner, such as perhaps five payments after inspections have been made for the various parts of construction. It was the consensus of the Council that they feel LARPD was in no way to blame for the lack of performance on the part of the builder. They were the victims of some unforseen circumstances. Mr. McCracken explained that the problem was the result of not estimating escalated labor costs. The contractor was submitting legitimate charges for subcontractors, for purchase of materials and for hours of work, etc., and they proceeded until the funds were depleted. He thought he could do the work for the amount he bid by paying his workers salaries lower than union scale and the union carne out and picketed, forcing him to pay higher wages. As a result, he didn't have enough money to finish the project, he walked off the project and will forfeit the money he put up. Mr. McCracken added that the value of indemnity owed is the amount of the bid to complete the project, which in turn is greater than the $70,000. AMENDMENT AND MAIN MOTION PASSED BY UNANIMOUS VOTE. REPORT RE SEWER CONN. AGREEMENT JH. Dhont) Mr. Gorland explained that in 1973 Mr. Dhont (Southfront Road) requested a sewer connection agreement which expired and no connection made. He again applied for an agreement in 1976 but was unable to provide bonding for certain improvements and that agreement expired with no connection made. He is now willing to provide bonding with the condition that he not be required to develop Preston Road at this time. Mr. Dhont was asked if he is aware that he would not be able to connect to the sewer as long as the cease and desist order remain in effect and he indicated that he had no knowledge of this restriction. He stated that he applied for the connection prior to the cease and desist order and if he is not allowed to connect he will apply for a septic tank permit from the County. It was explained that Mr. Dhont may do as he choses but the City is not allowing any sewer connections at this time. The City is taking groups of applications to the Regional Water Quality Control Board for permission to connect. Mr. Gorland commented that it is the intent of the City to ask the Regional Water Quality Board to approve sewer con- nection agreements this month and Mr. Dhont's would be one of those to be reviewed by the Board. Mr. Dhont indicated that he did understand that this would have to be approved by the Board and Mr. Gorland added that this agreement is the same as the Brendlinger agreement. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WAS ADOPTED. CM-35-45 February 6, 1978 RESOLUTION NO. 28-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Harold C. Dhont) REPORT RE COMPOSITION OF HERITAGE PRESERVATION COMMISSION MEMBERSHIP -_./ The Heritage Preservation Commission and the Design Review Committee feel that the ordinance specifying composition of the Heritage Preser- vation Commission should specify a minimum number of members and identify those fields of interest which should be represented. They also feel the members should be voting members appointed by the City Council rather than designated as ex-officio representatives of other groups. At present the ordinance reads as follows: The Heritage Preservation Commission "shall be composed of the entire membership of the Design Review Committee, plus as an ex-officio member, one member of the Livermore Heritage Guild, and one member of the Beautification Commi ttee" . There was discussion concerning the name and that at the present time the Planning Commission is the only "Commission" in the City For this reason it might be more appropriate to name this the Heritage Preservation Board. The City Attorney explained that the state statute refers to the Heritage Preservation Commission, but refers to advisory agency and planning authority. The name could be changed. The comment was made that this body will have certain control and will not be merely advisory in nature and for this reason perhaps "Commission" would be the most appropriate name. The City Attorney added that other than the P.C. this is the only group for which statutory authority and duties are spelled out. Anita Thorsen, commented that in designating the Trevarno Road a heritage landmark the Commission did have to meet with the public and it might be helpful in these situations to feel that they have a little more authority behind their recommendations. There was discussion relative to specification of term of appointment and making sure terms are staggered. Also there was mention of the power by the Council to remove a member. The City Attorney explained that whenever a board or committee member serves at the pleasure of the Council, the Council has the authority to remove that person at any time by majority vote, and this does not need to be spelled out in the ordinance. The Council also discussed the provision from 7 to 9 members and whether or not 8 members would create a practical problem in the event of a tie vote, or the need for a quorum, and the City Attorney explained that it is required that there be a quorum of only the number of members in office. If there is a vacancy on the Commission it would not be counted for purposes of a quorum. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE RECOMMENDATION BY THE PRESENT HERITAGE COMMISSION RELATIVE TO MEMBER COMPOSITION WAS ADOPTED. .-?"" CM-35-46 February 6, 1978 REPORT RE BIDS FOR PAVING MACHINES The Maintenance Superintendent reported that there were only two bids received for a paving machine. Ricker submitted a bid of $6,858.60, and Golden State Equipment submitted a bid for $7,879.93. The difference in the cost of the machines is $382.33 but based on the fact that the Layton (supplied by Golden State) has the advantage of sealed wheels it should be better from a mainten- ance standpoint. Also, the Layton machine is considered more efficient, availability of repair parts and service is likely to be better, and the resale/trade-in allowance is likely to be higher. The difference in cost amortized over the projected life of 15 years amounts to an additional cost of $25.50 but should easily be offset by the higher resale/trade-in amount. It is the staff recommendation that the bid be awarded to Golden State Equipment, and the City Attorney noted that there can be qualifying factors, other than price, for awarding a bid. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE BID WAS AWARDED TO GOLDEN STATE EQUIPMENT. RESOLUTION NO. 29-78 A RESOLUTION AWARDING BID (Golden State Equipment Company) REPORT RE BUSINESS & INDUSTRIAL DIRECTORY The Director of Community Development reported that the Chamber of Commerce is having an industrial/business directory which will list the nature of business for all local commercial and indus- trial firms wo desire this type of advertisement. The directory will also provide pertinent information about the community. Approximately 10,000 copies will be printed, 5,000 of which will be distributed to advertisers and Chamber members and the remain- der will be sold by the Chamber for about $1 or $1.50 per copy. The proposed cost for two pages (inside cover and an additional page) is $795 and funds could be made available from the Community Development budget. It is recommended that the Council authorize a two page City ad at the cost of $795. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE STAFF RECOMMENDATION WAS ADOPTED. P.H. SET RE MAP & TEXT AMENDMENTS TO CENTRAL BUSINESS DIST. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE PUBLIC HEARING FOR THE PROPOSED MAP AND TEXT AMENDMENTS TO THE CENTRAL BUSINESS AREA WAS SET FOR FEBRUARY 27. CM-35-47 February 6, 1978 REPORT RE ABAG ENVIRONMENTAL MANAGEMENT PLAN Rather than discuss the ABAG Environmental Management Plan at this time the Council separated the report into various segments with each Councilmember to study a certain aspect of the plan for a subsequent discussion. Final comments must be submitted by March 3rd. REPORT REMEDEIROS PARKWAY ACQUISITION A report was received from the Planning Commission relative to acquisition of the Medeiros Parkway area with a recommendation that Alternate "A", as shown on the map, be acquired. The Council concurred with this recommendation and a staff report will be corning to the Council conerning this item. P.C. SUMMARY OF ACTION - 1/24/78 The Planning Commission Summary of Action from the meeting of January 24, 1978, was noted for filing. CONSENT CALENDAR Reso. Auth. Exec. of Lease for Housing of Purchasing Dept. A lease has been negotiated with the new owners of the fire station building on First Street, for occupancy of the Purchasing Department and reprographic services, until the City's new administration offices are completed. The lease rate is 25C per sq. ft. or a monthly charge of $242.50. The lease would become effective March 1. The Council adopted a resolution authorizing execution of the lease agreement. RESOLUTION NO. 30-78 A RESOLUTION AUTHORIZING EXECUTION OF A LEASE (Ryon and Moir) Report re Multi-Service Center Construction Bid The City Council approved a slight modification to the approved Multi-Service Center budget as a report was prepared by the Assistant to the City Manager showing that there will be a change in the actual costs which will be incurred during certain time frames with no dollar figure change. Reso. Auth. Execution of CETA Contract Amend. -' The Council authorized execution of amendment to the CETA Contract to provide the third round of funding to extending funding for current CETA employees through September, 1978, in the amount of $520,944.00. CM-35-48 February 6, 1978 RESOLUTION NO. 3l-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Amendment to CETA Contract) Reso. Requesting Estimate of Local Assessed Value The Council adopted a resolution requesting estimation of local assessed value of City property for tax purposes, from the County Assessor. RESOLUTION NO. 32-78 A RESOLUTION REQUESTING ESTIMATION OF LOCAL ASSESSED VALUE Reso. Rej. Claim (Lloyd E. Horn) The Council adopted a resolution rejecting the claim of Lloyd E. Horn. RESOLUTION NO. 33-78 A RESOLUTION REJECTING CLAIM OF LLOYD E. HORN Departmental Reports The fOllowing departmental reports were submitted for informational purposes: Revenue and Expenditures - 12/31/77 Municipal Airport Las Positas Golf Course Springtown Golf Course Reso. Designating Polling Places & Precinct Workers The Council adopted a resolution designating polling places and precinct workers. RESOLUTION NO. 34-78 A RESOLUTION APPOINTING ELECTION OFFICERS, CONSOLIDATION OF PRECINCTS AND POLLING PLACES, HOURS TO BE OPEN AND FIXING COMPEN- SATION OF ELECTION OFFICERS. P.C. Minutes 1/10/78 The Planning Commission minutes for the meeting of January 10, 1978, were noted for filing. CM-35-49 February 6, 1978 Payroll & Claims There were 172 claims in the amount of $277,409.14, and 334 payroll warrants in the amount of $118,917.40 and time deposits in the amount of $350,000, for a total of $746,326.57, dated 1/25/78 and approved by the City Manager. There were 77 claims in the amount of $58,365.88, dated 1/31/78, approved by the City Manager. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. MATTERS INITIATED BY THE STAFF (Salary Resolution) Mr. Schilling, Assistant to the City Manager, asked the Council to adopt a resolution confirming action previously taken by the Council in ratifying the salary contract for classified and unclassified City employees. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED. RESOLUTION NO. 35-78 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 RESO- LUTION NUMBERS 208-77, 243-77 AND 249-77. (Executive Session) The City Attorney requested that the Council meet in executive session after the meeting to discuss litigation. MATTERS INITIATED BY THE COUNCIL (Assessed Value of S.P. Property) ern Staley commented that he would like the City to ask the assessor to review those properties owned by Southern Pacific Development in the downtown area - particularly those properties which are not developed. He feels these parcels are under- assessed. What the parcels are selling for and what they are assessed at are quite different. Mr. Parness stated that this has been done but the City could make the request once again. The Council agreed that the staff should contact the assessor and if it is determined there would be no change in the assessed value the Council would like an explanation as to why they are assessed as they are. CM-35-50 February 6, 1978 (Summons & Complaint) Cm Staley observed that in reading the summons and complaint, Paul Tull is acting as counsel for several other people, but one does not represent other people unless he is a licensed attorney. (Appt. to Design Review Committee) Mayor Tirsell stated that the Council should vote on the appointment for the Design Review Committee this evening. Crn Dahlbacka voted in favor of Robert Anglin at the last meeting, and Cm Turner had specifically asked that the appointment be made this evening. He would support this Council action. CM KAMENA MOVED TO APPOINT ROBERT ANGLIN TO THE DESIGN REVIEW COM- MITTEE, AND TO ADOPT AN URGENCY RESOLUTION APPOINTING HIM THIS EVENING SO HE CAN SERVE ON THE COMMITTEE TOMORROW EVENING. MOTION SECONDED BY CM STALEY, WHICH PASSED BY UNANIMOUS VOTE. RESOLUTION NO. 36-78 A RESOLUTION APPOINTING MEMBERS TO DESIGN REVIEW COMMITTEE (Robert Anglin) REPORT RE ENVIRON- MENTAL MANAGEMENT PLAN DRAFT The Councilmernbers agreed that in analyzing the Environmental Management Plan it would be best to separate the various seg- ments of the report for review by individual Councilmembers for discussing at a forthcoming meeting. Mayor Tirsell and Cm Staley will review Air Quality ern Turner will report on Water Quality Cm Dahlbacka will be asked to report on Solid Waste Cm Kamena will review Water supply It was noted that the deadline for submitting written comments and amendments to the Plan is March 3, and this matter will be discussed in a study session which has been scheduled for February 21. ADJOURNMENT There being no further Council business, Mayor Tirsell adjourned the meeting at ll:05 p.m. to an executive session to discuss litigation. APPROVE ~ ~~ -Mayor ~ CJ. C . Liverm. ". ., -.~~~fornia ATTEST CM-35-5l Regular Meeting of February 14, 1978 A regular meeting of the Livermore City Council was held on February 14, 1978, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:07 p.m. with Mayor Tirsell presiding. ROLL CALL Present: Crn Dahlbacka, Kamena, Turner, Staley and Mayor Tirsell Absent: None PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. OPEN FORUM (Springtown Pro Shop) Jerry Wilverding, 4886 Primrose Lane, stated that he is concerned with the external appearance of the Springtown pro shop. He re- ported that a number of signs have been posted on the building and he feels the signs are not attractive and perhaps would not be permitted by the City if the City were aware of them. It was explained that the signs in the windows would not be under the same restrictions provided in the Sign Ordinance as signs located on the outside, but someone will check to see what might be done. (Administration Building Costs) David Eller, Oregon Way, stated that he is opposed to using Park Fund monies to construct the Administration Building and new Council Chambers. He feels the Council should continue to meet in the Court Chambers. (LAVWMA Pipeline) David Eller stated that he feels the people should have been allowed to vote in favor of or against the LAVWMA Pipeline Project and he quoted from the U.S. Constitution relative to citizens' rights. MOTION TO ALLOW REORGANIZATION OF AGENDA Mayor Tirsell stated that there is a full Council present this evening and she would like a motion allowing reorganization of the agenda to bring up appointments. CM KAMENA MOVED TO REORGANIZE THE AGENDA TO INCLUDE DISCUSSION OF APPOINTMENTS. MOTION SECONDED BY CM DAHLBACKA, WHICH PASSED BY UNANIMOUS VOTE. "-^ CM-35-52 February 14, 1978 APPOINTMENTS Planning Commission ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, NEIL RILEY WAS APPOINTED TO THE PLANNING COMMISSION. Resolution will appear with Consent Calendar items. Library Board Mr. Magnusen was nominated to be considered for the Library Board appointment by Cm Turner, and Aileen Arietta was nominated by Cm Staley. It was mentioned that a high school student has applied to serve on the Library Board and prior to making an appointment perhaps the Library Board should be asked if they would like input from a high school student. MAYOR TIRSELL MOVED TO REFER THIS MATTER TO THE LIBRARY BOARD WITH INQUIRY AS TO HOW STUDENT INPUT AND SENIOR CITIZEN INPUT TO THE BOARD MIGHT BEST BE ACCOMPLISHED, AND TO DEFER THE APPOINT- MENT. MOTION SECONDED BY CM KAMENA FOR DISCUSSION PURPOSES. It was mentioned that the Library Board might wish to expand the number of members on the Board or form a separate advisory com- mittee, etc., to provide for senior citizen and student input. MOTION PASSED 4-l (Cm Staley dissenting as he would prefer to make an appointment now and then make an inquiry relative to future appointments. ) Housing Authority Cm Turner nominated Mrs. Sheila Donohue to be appointed to the Housing Authority Board. It was consensus of the Council to discuss Housing Authority Board appointments at the next Council meeting. COMMUNICATION RE DEDICATION IN MEMORY OF ANN MALLEY A letter was received from Ronny and Eddie Pasch asking that a park, fountain, or something appropriate be dedicated to the memory of Ann Malley who was a Livermore citizen for more than 30 years. The item was refereed to the Beautification Committee for con- sideration. David Eller stated that many people in the community knew Mrs. Malley and he would hope that some type of biography would be compiled relating to her. CM-35-53 February 14, 1978 REPORT RE TENTATIVE TRACT MAP 3925 (Seventh St./East Ave.) Mr. Nies explained that the property relative to Tract Map 3925 is located on Seventh Street, where it intersects with East Avenue. Originally there was concern expressed at the public hearing held by the P.C. relative to parking and the site plan was revised. CM TURNER MOVED TO APPROVE TENTATIVE TRACT MAP 3925, SECONDED BY CM STALEY. Discussion followed concerning the parking area, the driveway area and where garbage cans will be located and the relationship of this property to the residents on Brennan Way. The area has been planned to include single family residential dwellings as well as some multiple dwellings. Concern was expressed for the City's lack of authority to regu- late maintenance of the property after it has been developed, in the event the homeowners association for that development fails, and the intent of the owner to sell individual condomin- ium units. The Councilmembers asked if the homeowners in that area are aware of the procedures followed by the City in this case, i.e., P.C. hearing, action taken by the P.C., and action to be taken by the Council. It was mentioned that homeowners were notified of the P.C. hearing but they would not receive notice that the Council would be taking action. Concern was raised that this area is too small for condominiums and that the project will probably not be successful. If it does fail the City has no way to insure maintenance of the area. Also, the homeowners association dues that would be necessary to maintain the area will make the cost higher than the amount that would qualify for the moderate income housing category. The proposal of a condominium would not be opposed but it is not likely that a condominium of this small size could succeed economically. The Council felt this is something that they should consider, as one member of the Council felt this might not necessarily be the case and that it's not the City's job to determine if a project will fail. The Council felt there should be more information relative to what a monthly fee would be for this type of homeowners associa- tion services, as this might have a bearing on whether or not the proposal could succeed. If the applicant were present he could answer some of these questions but since he is absent it might be best to postpone action for one week. In the past there had been concerns expressed by property owners about the parking area which was proposed with a retaining wall separating present dwellings, because of the grade difference. Perhaps this item should also be addressed during the next dis- cussion. ~ Kay Parra, 819 Brennan Way, stated that she was not notified of any change in the plans and she would like to know why the owner was given permission to develop a plan like this when the P.C. received a lot of testimony opposing the rezoning. CM-35-54 February 14, 1978 (re Tract 3925) CM DAHLBACKA MOVED TO CONTINUE THIS ITEM TO FEBRUARY 27, SECONDED BY CM TURNER, WHICH PASSED BY UNANIMOUS VOTE. REPORT RE CUP FOR VET. HOSP. AT MURRIETA/HOLMES ST. The Council received a report from the P.C. concerning the CUP application by Dr. Plone for a veterinary hospital to be located at the corner of Holmes Street and Murrieta Boulevard. The P.C. recommends approval of the CUP with acceptance of the Negative Declaration to be filed with Alameda County. CM STALEY MOVED TO ADOPT A RESOLUTION APPROVING THE CUP WITH ACCEPTANCE OF THE NEGATIVE DECLARATION. MOTION SECONDED BY CM DAHLBACKA. David Eller, Oregon Way, stated that as he recalls there are trees on the lot and would like to know if they will be removed to make way for development and it was noted that some trees will be removed. MOTION PASSED BY UNANIMOUS VOTE WITH CM TURNER ABSTAINING. RESOLUTION NO. 37-78 A RESOLUTION GRANTING A CUP (Dr. Martin Plone) (Veterinary Hospital) RECESS Hayor Tirsell called for a brief recess after which the Council meeting resumed with all members of the Council present. REPORT RE "P" STREET MEDIAN Mr. Lee reported that when the City undertook the relocation of the railroad and Railroad Avenue was being constructed some ques- tions arose concerning the median planned for "P" Street, between Railroad Avenue and First Street, as well as the configuration of that portion of "P" Street. The staff was directed not to construct the permanent median and to review alternate designs for the median. Designs were discussed with the Council and the staff was directed to discuss plans with the owners of the shopping center, the major tenants, and the merchants in that area. In discussing this item with those merchants and owners involved, it was determined that they would prefer a median with one opening to the shopping center complex and S.P. has agreed to widen the driveways for easier and safer exit/access. There was brief discussion concerning the circulation pattern and the possibility of a future traffic light at the entrance to the shopping center at "p" Street. CM TURNER MOVED TO APPROVE THE PLAN, AS PRESENTED, SECONDED BY CM DAHLBACKA, WHICH PASSED BY UNANIMOUS VOTE. CM-35-55 February 14, 1978 REPORT RE WATER SERVICE AGREEMENT HEXCEL CORPORATION The Director of Public Works explained that the proposed water service connection agreement with Hexcel would allow Hexcel to connect to the City's water service for their property located at the end of Trevarno Road. -- Mr. Madis, the developer of the property along Trevarno Road, has agreed to connect to the City system which would require installation of a line along First Street and as of this date the line has not been installed. At this time the properties along Trevarno Road are using the Hexcel Corporation water supply and when Hexcel connects to the City's system those property owners will no longer have a water system. The City Attorney explained that the only thing the City is doing is allowing Hexcel to connect to the City's system. The matter of water service for those residents along Trevarno Road is a private matter as the City is not providing water for them at this time - Hexcel has allowed them the use of their water system. It was noted that Hexcel has agreed to the following conditions, in connecting to the City's water system: 1. Construct a l2" water main on Hexcel property between North Mines Road and Trevarno Road. 2. Grant the City utility easements and dedicate the facilities to the City. 3. The City will reimburse Hexcel for 1/3 of the cost of the 12" main which represents the oversized portion of the facilitiy, in accordance with City policy. 4. Hexcel will provide the City a one year maintenance bond. City participation will amount to $5,334.67 (1/3 cost of line) and the cost to Hexcel will be $54,962.98. LARPD will obtain water service from this main line also. ON MOTION OF CM KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, A RESOLUTION AUTHORIZING EXECUTION OF A WATER CONNECTION AGREEMENT WITH HEXCEL WAS ADOPTED. RESOLUTION NO. 38-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Hexcel Corporation) REPORT RE STATUS OF HANDICAPPED PARKING FACILITIES The Director of Public Works reported that owners of private parking facilities have been contacted informing them of the program for handicapped parking and of the requirement for posted signs and handicapped parking designations. Of the 3l owners contacted, 11 have responded requesting signs which should be ready in about 2 weeks. - Mr. SChilling commented that this item was placed on the agenda at the request of Cm Turner, for informational purposes. As of this date the signs have been received and the Police Department will begin routine enforcement. CM-35-56 February 14, 1978 REPORT RE UNEMPLOY- MENT INSURANCE COVERAGE The Finance Director reported that a new federal law is being imposed in California providing for unemployment insurance coverage for government agencies. Reportedly the coverage is effective July 1, 1978. Alternates are available to the City on the financial means of providing this coverage and the Finance Director will be giving an oral report concerning this aspect, on February 27th. Mr. Nolan explained that in 1974 the federal government extended unemployment insurance benefits to three classes of workers not previously covered by unemployment insurance - agricultural workers, domestic, state and local employees. The benefits have been avail- able to local public employees for about three years which was orig- inally established as a temporary measure. In 1976 it was made a permanent measure but the federal government was doing the financing up until the end of 1977 during which time legislation was passed making local funding a requirement. AB 644 makes this requirement retroactive to January 1, 1978. Mr. Nolan briefly explained the options for funding which will be fully discussed at the meeting of February 27th. REPORT RE SEWER CON- NECTION APPLICATION FEE The Director of Community Development reported that during the past several months the City has received three applications for outside sewer connections, for which no fee is charged. When the City receives an application for water service, the appli- cation must be accompanied by a written letter and $50 to cover processing costs. In view of the fact that a sewer connection - qpplication process is more time consuming than a water connection application, it is recommended that the City impose a $100 fee to accompany the application. ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE STAFF WAS DIRECTED TO PREPARE THE NECESSARY ORDINANCE AMENDMENT AND RESOLUTION ESTABLISHING THIS FEE. P.C. REFERRAL RE PARK ACQUISITION WAGNER FARM AREA The Beautification Committee has requested that the Council con- sider purchase of property in the Wagner Farms area, for park purposes. The item was referred to the Planning Commission for review and recommendation. The P.C. recommendation is that although the subject property is in conformance with the General Plan, consideration should not be given to its acquisition prior to development of surrounding property. Mr. Lee commented that LARPD agrees with the recommendation and when the matter was explained to the Beautification Committee they also were in agreement with this recommendation. No action taken. CM-35-57 February 14, 1978 CONSENT CALENDAR Re Final Distribu- tion of COVA Funds A report was received from the Chairperson of COVA which included the method by which the remaining COVA funds will be distributed. Council approved distribution method. P.C. Summary of Action 2/7/78 The Planning Commission Summary of Action from the meeting of February 7, 1978, was submitted for informational purposes. CM STALEY REQUESTED APPEAL OF THE NAVLET CUP AND VARIANCE IN ORDER THAT THE COUNCIL MAY REVIEW THIS ITEM. THE MATTER WILL BE DISCUSSED ON FEBRUARY 27th. Reso. Re Medeiros Parkway Property Acquisition The Council adopted a resolution authorizing acquisition of property to complete a portion of the Medeiros Parkway, as per previous Council discussion and direction. RESOLUTION NO. 39-78 A RESOLUTION AMENDING BUDGET (Medeiros Parkway) Reso. re Exec. of Agricultural Preserve Contract (Cornett/Ageno) The Council adopted a resolution authorizing execution of an agricultural preserve contract with Robert N. Cornett and Edward S. Ageno for property located on the east side of Vasco Road, as per previous Council discussion and action. RESOLUTION NO. 41-78 A RESOLUTION AUTHORIZING EXECU- TION OF AGRICULTURAL PRESERVE CONTRACT (Robert N. Cornett and Edward S. Ageno) Reso. Establishing Golf Course Fees The Council adopted a resolution establishing a new fee schedule for the Springtown Golf Course. RESOLUTION NO. 42-78 .-. A RESOLUTION ESTABLISHING FEES AT THE SPRINGTOWN GOLF COURSE CM-35-58 February 14, 1978 Reso. Auth. Execution of Agreement Amendment (Springtown Golf Pro) The Council adopted a resolution authorizing an amendment to the agreement with the Springtown Golf Pro, John Wood, as per previous Council discussion and action. RESOLUTION NO. 43-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (John Wood) Reso. Auth. Exec. of Contract Assignment with LARPD (Ravenswood) The Council authorized execution of agreement with LARPD for a Contract of Assignment. A slight wording change was approved for the contract. RESOLUTION NO. 44-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Contract of Assignment; LARPD) Reso. Appointing Member to P.C. The resolution appointing Neil Riley to the Planning Commission, action taken this evening, was included as a Consent Calendar item. RESOLUTION NO. 45-78 A RESOLUTION APPOINTING PLANNING COMMIS- SIONER (Neil R. Riley) APPROVAL OF CONSENT CALENDAR ON MOTION OF CM KEMANE, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED WITH DELETION OF THE RESOLUTION AMENDING THE BUDGET RELATIVE TO THE RAVENSWOOD PROJECT. RESO. AUTH. EXPENDI- TURE (Ravenswood) After brief discussion, CM KAMENA MOVED TO ADD THE WORD "NET" BEFORE THE WORD "RECOVERY" IN ITEM 2. OF RESOLUTION NO. 40-78. MOTION WAS SECONDED BY CM TURNER, WHICH PASSED BY UNANIMOUS VOTE. RESOLUTION NO. 40-78 A RESOLUTION AUTHORIZING EXPENDITURE AND AMENDING BUDGET MATTERS INITIATED BY COUNCIL & STAFF (Business Meetings) Cm Turner stated that he arrived at the bond ratings meetings in New York in sufficient time and he is glad to be back in California. CM-35-59 . February 14, 1978 (Request for Future Agenda Discussion) Cm Staley requested that the matter of condominiums be placed on a future agenda for discussion. Included in the discussion he would like information on the ordinance as it applies to con- version of original residential units, office cORversions, and business construction. He would also like comments from the staff concerning items brought to light this evening. (City Manager Attending Conference) Mayor Tirsell reported that the City Manager is in southern Calif- ornia attending the City Managers Division, League of California Cities meeting and he will be back for the Council meeting next week. INTRO. OF ORD. RE CERTIFICATE OF OCCUPANCY By consensus of the Council the introduction of the ordinance relative to Certificate of Occupancy was postponed to the meet- ing of March 13. ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE ITEM WAS CONTINUED TO THE MEETING OF MARCH 13. DISCUSSION RE MEMBER- SHIP - LIVERMORE HERITAGE COMMISSION Prior to introduction of the ordinance amendment relative to membership of the Heritage Preservation Commission, there was discussion concerning length of term and whether or not this should be specified in the ordinance. It was the consensus of the Council to include in the ordinance a term of four years for Heritage Commission appointments. ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE ORDINANCE AMENDMENT RELATING TO ESTABLISHMENT OF THE LIVERMORE HERITAGE COMMISSION, AS AMENDED, WAS INTRODUCED AND READ BY TITLE ONLY. INTRO. OF ORD. RE FLOOD PLAIN ZONING ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE ORDINANCE AMENDMENT RELATIVE TO FLOOD PLAIN ZONING WAS INTRODUCED AND READ BY TITLE ONLY. (City Hall Bids) Prior to adjournment the Assistant to the City Manager reported that bids were just received for the Administration Building but the staff has not had the opportunity to analyze the bids for recommendation to the Council. He was pleased to report that four very good bids were received and the lowest bid which appears to be qualified, was for $1,434,000 - approximately 4.4% above the architect's construction estimate. ~. CM-35-60 February 14, 1978 (First Street Resurfacing) Mr. Schilling also reported that Cal Trans has agreed to resurface two sections of First Street (Highway 84,) and this should take place during fiscal year 1978-79. The City was happy to receive this information. ADJOURNMENT There being no further Council business, Mayor Tirsell adjourned the meeting at 10:30 p.m. APPROVE ~ Vr\~D~O Mayor ~ ATTEST Regular Meeting of February 27, 1978 A regular meeting of the Livermore City Council was held on February 27, 1978, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:10 p.m. with Mayor Tirsell presiding. ROLL CALL Present: Cm Turner, Staley and Mayor Tirsell Absent: Cm Kamena (excused - illness) and Cm Dahlbacka (seated after Pledge of Allegiance) PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. MINUTES - 2/6/78 and 2/14/78 P. 41, last paragraph under item relative to County Sewage Facilities POlicy, should read as follows: The City Attorney stated that he has prepared a letter setting forth the City's objections which must be received by the County by February 9th, and the Council instructed him to send the letter. "- ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF FEB. 6, WERE APPROVED, AS AMENDED (Cm Turner abstaining due to absence). ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF FEB. 14, WERE APPROVED, AS SUBMITTED. CM-35-6l February 27, 1978 OPEN FORUM (Greenville Swim Club) Terry Fox, 2794 Tahoe Drive, stated that on behalf of concerned citizens in the Greenville North area he would like to bring to the attention of the Council the deplorable condition of the swim club and the hazardous situation that exists. He described the hazards which included lack of proper fencing, removal of a post supporting part of the structure, and general decay of the structure, as well as an assortment of debris in and out of the pool, all of which the Councilmembers were aware. Mr. Fox asked that an inspector be sent to the area to board up the building and fence the property. He urged that something be done before some child is crippled or killed by a falling overhang or by falling into the empty pool, etc. The Mayor explained that the City began trying to do something about this property about two years ago. The City began abate- ment proceedings but a federal judge halted abatement because the property is in bankruptcy. The City Attorney stated that if the abatement procedures had not been stopped the building would have been razed, the swim- ming pool would have been broken up and a lien would have been placed against the property. The cost to remove the building and the swimming pool has been estimated at about $8,000. Be- cause the $8,000 was not available the City has been waiting for some resolution of the bankruptcy proceeding. -- The City Attorney added that he was informed just last Friday that the property is in escrow, the sale of the property has been approved by the bankruptcy court, and a transfer to a new owner is eminent. Mr. Fox stated that he feels it would be worth $8,000 to rid the City of potential hazards the property poses, and perhaps volunteer groups would help clear the property and fence it if the City would provide the fencing. The City Attorney stated that this is a "no win" situation because a group of vandals determined to destroy a fence could do so. If the City were to erect a fence a section could be destroyed and down in about 4 days and in a matter of a couple of weeks the entire fence would probably be down. The only totally effective solution to this problem would be The City Attorney added that if the City takes some small measure to insure safety then it is liable if anyone is hurt. Action by the City must be totally effective. Also, the City has been prohibited from acting due to the injunction of the federal court. Interest was expressed by the Council for doing something unless the City is legally prohibited from taking action, and the suggestion was made that there should be a staff report indicating what the City might do to help solve the problems concerning that property. The City Attorney stated that hopefully the matter will be resolved by next week but he will be happy to furnish a report for Council review. ---..,/ CM-35-62 February 27, 1978 (re Swim Club) One of the residents of the area stated that her baby took a 4 ft. fall last Monday which caused two black eyes, a broken arm and a broken nose. The doctor told her that if the child had landed on concrete he would have been killed. The shallow end of that con- crete pool is 4 ft. She stated that people in that area are very concerned for the safety of their children and it is a shame that nobody wants to take action to provide the safety needed because nobody wants to be responsible. She added that she is amazed that some child has not been killed already. The husband of the previous speaker commented that he knows where his children are and where they are supposed to be and he is not as concerned for the safety of his children as he is for the safety of other children. Children going to school near the swim club are the children that might wander through and be hurt. John Fonseca, l345 Heather, President of the North Livermore Jaycees, stated that on behalf of the 200 Jaycees in Livermore he would like to offer their assistance and manpower in helping with this problem and they would suggest the establishment of a citizens committee to work on this problem. It was noted that the property is in escrow, hopefully it will close sometime next week and then the City can proceed with abatement. (Signs at Golf Course) Mr. Wilverding, 4886 Primrose Lane, stated that last week he spoke to the Council about a couple of beer signs on the Golf Course snack bar. One of the signs has been removed from the window and one lighted sign has been turned off, and he would like to thank the City for taking action. (re Swim Club) Mr. Wilverding wondered if the City hasn't already taken action by placing a chain and padlock on the door in the past, and the City Attorney indicated that this was probably done prior to negotiations for purchase of the property and prior to abatement proceedings. Mr. Wilverding stated that there is some steel fencing on one side and that about 300 ft. of chain-linked fencing would take care of the problem of fencing. This would cost about $3,500 and would be worth the life of a child. Gurnam Sidhu, 1533 Vancouver, stated that he has received telephone calls from people who say that the Council is interested in the property during election time and after the election is over it is forgotten. Georgia VonDohre, stated that she feels the City has the resources to demand the problem be solved. If it's a hazard the Council has the authority to do something. Jim Bradley, 5576 Idlewild Avenue, stated that he feels some of the excuses by the City for not doing anything are "pure rubbish". He stated that he has lived there for three years and nothing has been done. If the City would give the Jaycees the go ahead, they could clear the property. C!v1- 3 5 - 6 3 February 27, 1978 (re Swim Club) The Council will await further information from the City Attorney prior to taking action or discussing the swim club property. (Treatment of Juveniles) Kay Parra, 819 Brennan Way, reported on the treatment of local juveniles and their detention in the Livermore jail prior to a court appearance. She stated that juveniles are being held for 23-hours without being given food, a blanket, or allowed to make a telephone call. She stated that her allegations are true and she would demand an open investigation by five City Councilmembers who care about the youths of the City. Mr. Reiners was asked what procedure should be followed in handling Mrs. Parra's complaint and he indicated that there is a provision for citizens complaints to the Police Department and there would be an investigation by Internal Affairs. The report by Internal Affairs would be forwarded for appropriate action. Mrs. Parra stated that she wants something done now. The City Manager assured Mrs. Parra that the City is very interes- ted in complaints of mistreatment of people taken into custody and she was advised to file a written complaint form. Mrs. VonDohre asked if the Police Department investigates its own complaints and she was told that Internal Affairs handles complaints and reports to the City Manager. Resident from 1854 Walnut, stated that he is a political science student and he understands how very slow government and legal matters are. It is true that the City has been working on the swim club item for over two years but the matter has been in bankruptcy. Citizens want something done instantly and this is the point with which he would disagree. No further discussion. P.H. RE PROPOSED ZOo ORD. MAP CHANGES & TEXT AMEND. (Central Area Element) A public hearing has been scheduled relative to proposed Zoning Ordinance map changes and text amendments and the Environmental Impact Document, for the CBD area to implement the Central Area Plan. Mr. Nies first reviewed the recommended zoning changes for the general area affecting 13 areas. Recommended changes are as follows: 1) 2-l parking for parcels in excess of 1 acre, 2) clustering trees in parking lots, 3) allowing apartments in CO Zone, 4) deletion of supermarkets in the "downtown" area. In discussing the proposed rezonings, it was mentioned that the Council agreed that the property south of Stanley, in- cluding the Holdener property, should be designated SC in the General Plan, but that is not shown. ,~ Mr. Nies indicated that the Agricultural Zoning does not need to be changed at this time for the Holdener property. It can always be rezoned to the higher use, and the Holdeners want it to remain Agricultural Zoning. CM-35-64 February 27, 1978 (re Central Area Element) Mr. Nies stated that if the Council feels strongly about rezoning the Holdener property there should be an advertised public hearing and procedures followed for the rezoning. Mr. Nies was asked who arbitrarily deleted the Holdener property from the SC designation, and he indicated that the staff had done so. The Council expressed concern that the staff took this action without referring it to, the P.C. for recommendation. The City Attorney commented that inconsistency in zoning and General Plan designation is a problem with General Plan implementa- tion. Consistency means means consistency - not identity. The test is whether or not a use proposed by zoning is incompatible with the future implementation of a General Plan designation. There was also concern that if various designations are reviewed and the total acreage counted, a true picture would not be given, as the Holdener property would be zoned Agricultural while shown SC on the General Plan. This would give a false impression in taking land inventory with respect to zoning properties. Also, there should not be an unfair tax advantage in having a CS use in an Agricultural zone. It was mentioned that when the Central Area Plan was discussed there was to be a designation of a special buffer and there was a question as to whether or not this would be affected by the staff decision to keep the Holdener property in an Agricultural designation. Mr. Nies commented that the P.C. is considering an amendment that would change the setback requirement fo CS areas adjacent to Office Zoning. The Council then discussed the Planning Commission recommendation that supermarkets not be allowed in the area. Mr. Nies felt the recommendation was based on the philosophy that this would protect the neighborhood commercial areas and that it would reduce the number of vehicle miles traveled. When asked why such a large parcel was selected for the 2-1 parking (1 acre parcel) Mr. Nies noted that it was felt the requirement for 2-l for smaller parcels would be too difficult to provide and the 1 acre seemed reasonable. Mayor Tirsell opened the public hearing for receipt of testimony from the public. Richard Elkus, owner of the shopping center at Pacific Avenue and South Livermore Avenue, stated that Luckys which is presently located in this shopping center is considering locating downtown in the vicinity of the Safeway store. The Vineyard Shopping Center is located across from the Civic Center site which is being developed and Mr. Elkus would like to rebuild the Vineyard Shopping Center at a cost of approximately $1 million to help meet the needs of the Lucky store. He feels redevelopment of the center would be a huge asset to the community. However, if Lucky moves downtown he is convinced that it would be extremely difficult to find tenants for the Vineyard Shopping Center, and the center could not be refurbished. CM-35-65 February 27, 1978 (Central Area Element) Dan Hanesworth, representing Southern Pacific Development, stated that S.P. stated that S.P. has written two letters to the P.C. outlining their position concerning development of supermarkets in the downtown area. Basically, they feel that a supermarket is an allowable use in the downtown area in a city the size of Liver- more and with the geographic constraints and boundaries Liver- more now has. In order for supermarkets to do an efficient and successful job, they must be centrally located, and the site be- tween Livermore and ilL" Street, specifically, is centrally located. In order for development to proceed anywhere in today's market, there must be an anchor tenant that can bring customers to the location with its drawing power. The customers will shop in the supermarket as well as the drug store, home improvement center, etc., and the satellite shops adjacent to the anchor tenant. The question to be considered tonight should not be whether or not Lucky should be allowed to locate in the downtown area but rather whether or not supermarkets should be allowed in the downtown area. If Lucky does not want to locate downtown, S.P. has two other supermarkets interested in locating downtown. Mr. Hanesworth stated that he could certainly understand the concerns expressed by Mr. Elkus, owner of the Vineyard Shopping Center, but that area has been decaying for a number of years due to the location. Luckys has been doing rather well but for some reason the center has been allowed to go downhill. Mr. Hanesworth was asked if he is saying that if Lucky doesn't move from the Vineyard Shopping Center, he has other stores who would like to move downtown and he stated that Luckys has indicated to S.P. that regardless of the decision made relative to Southern Pacific's project, they will eventually move out of the Vineyard Shopping Center. They may not move for another year or two, but they feel this is no longer a viable location for their store, and S.P. does have other interested supermarkets. Mr. Hanesworth stated that for the record he would like to make it clear that they were approached by Luckys and that they did not go to Luckys with an offer. Mr. Hanesworth was asked how many satellite shops can be sup- ported by a city the size of Livermore, and he stated that they cannot be supported without an anchor tenant such as a grocery store, drug store, junior shop, or discount/general merchandise store, and this is really the key to the success or failure of shopping facilities. Concern was expressed for a number of grocery stores in a general area not being supported by the community and Mr. Hanesworth noted that a market survey is done at the time a site is analyzed and decisions are made very scientifically. If a market survey were to show there would not be support of a business, S.P. would not proceed with development. Mr. Hanesworth was asked his opinion relative to the fate of other grocery stores not doing a lot of business now, if another grocery store is developed and he indicated that he feels the other stores will not go out of business because there is more demand in Livermore than is being met at this time. -' CM-35-66 February 27, 1978 (Central Area Element) In discussing citizen support of another store in the downtown area it was mentioned that people in the Springtown area do go to Dublin for grocery shopping because there is no grocery store in their area. They may wish to drive downtown for their grocery needs if another store is available to them. Mr. Hanesworth stated that it is the intent of S.P. to provide the type of shopping people want, in addition to items provided by the anchor tenant, so that people will begin doing their grocery shopping as well as other needed items. There was concern that if the City allows a grocery store to develop at this time and other desirable stores do not become tenants, S.P. may be tempted to develop other supermarkets in the same area which would result in a proliferation of supermarkets in the downtown area. This is something the City would not want to happen. What is needed in Livermore is a department store and the development of Stoneridge Center proposed for Pleasanton is a threat to this type of develop- ment in Livermore. Mr. Hanesworth commented that at the present time the site is very dismal and unappealing and people are wondering why no development is taking place in the downtown. He can only say that development adjacent to the site could only help to attract people to corne to Livermore as a tenant. The development of Stoneridge is a concern and S.P. is surprised that its development will soon begin. They feel that with the current environmental constraints and limited growth planned for the Valley, there cannot be the necessary support for a center of that magnitude, in the long run. At this time S.P. has no intention of selling off parcels of their property as they would like a unified plan of development for the entire property. Mr. Hanesworth added that S.P. does have a monetary interest in getting the property developed, as they are paying a rather large share of the assessment district cost. Mr. Elkus stated that he would agree with just about everything Mr. Hanesworth has said in relationship to his financial investment in the community and the problems of the Vineyard Shopping Center. It is true that the Council should not be discussing whether or not Luckys should locate downtown, but rather whether or not super- markets in general should locate downtown. It is also true that it is necessary for a shopping center to have an anchor tenant to sur- vive, and in his case it is the Lucky store that is his anchor tenant. He believes that if the shopping center has a larger meat market and better management it could survive, as it is true that people would probably rather shop within blocks of their homes rather than drive out of town for needed services. He would like to point out that Lucky stores reports that they do a very large volume of business for the amount of footage available in their building. Mr. Elkus stated that he believes the Council decision is whether they want the neighborhood shopping centers or to center business in the downtown area and destroy everything on the periphery. '- Mr. Elkus stated that he has been in contact with Lucky stores, he knows what their position is and what they weiged in consider- ing the two locations. He knows what Lucky's position would be if the Council takes action to provide a third major market in the downtown area. He is prepared to spend $1 million to upgrade the Lucky store so that people can shop in their neighborhood, unless the Council makes it impossible for the center to survive. The comment was made that the Vineyard Shopping Center has been developed and operating for about 12 years, during which time there has been a steady stream of vacancies and management prob- lems . CM-35-67 February 27, 1978 (re Central Area Element) Mr. Elkus responded by saying that about three years ago he asked a group of professionals to review the problems of the shopping center and recommend what action he might take to improve the situation and he was told that the center needs to be rebuilt at a cost of about $1 million. This is wha.t he is prepared to do. Gurnam Sidhu, 1533 Vancouver Way, stated that in his opinion the City would gain nothing by allowing supermarkets in the downtown and providing a new location for the Lucky store. Southern Pacific is a large corporation that can afford the taxes on the land until suitable development occurs. If Lucky were to relocate downtown it would mean less service for residents on the east side of the City, and might create additional downtown traffic. He feels the main problem with the Vineyard Shopping Center is the fact that it is not attractive. If it has a $1 million facelift it would be an asset to Livermore and this should be encouraged. Mr. Sidhu added that if the City wants shopping conveniences for Springtown residents, a supermarket should be developed out in their area rather than downtown, as Springtown is where it is needed. '- Kay Parra, 819 Brennan Way, stated that if S.P. develops, some of the businesses on First Street and Second Street may become empty, as many buildings are already empty along those streets. She stated that her primary concern is the little Vineyard Shopping Center. If Lucky goes to the downtown area Vineyard will be vacant. It appears that the City is creating more empty stores. Dan Spruill, 1900 Buena Vista, stated that the County Assessor's roll shows that Lucky owns part of the property in the Vineyard Shopping Center and he would like to know what percentage of the property is owned by them. The reply from Mr. Elkus was not audible. Joe Halenrider, from S.P. Development, stated that on Friday he spoke with Lucky's real estate manager who told him that if they cannot develop on the S.P. site they plan to move in a year or two anyway, as they are not located in a long-term facility. The Councilmembers felt it would be helpful in allowing them to make a decision, to get a statement from Lucky store concerning their future plans. James Morris, 1590 DeLeon Way, speaking on behalf of his wife who owns a small business in Livermore, stated that they are in strong support of the S.P. development plans, as proposed. The downtown area needs to be revitalized and there needs to be de- velopment of a downtown area. Stores along First Street and Second Street will have a better chance for survival if the down- town is finally developed as planned. In discussing the item it was mentioned that there would be no development in the downtown if supermarkets were not allowed, as there has been no other type of development in the downtown area that wasn't anchored to a supermarket. The Council will have to decide if it wants to continue allowing supermarkets in the downtown or to encourage this type of development in resi- dential areas. -.-' CM-35-68 February 27, 1978 (re Central Area Element) It was also mentioned that it might be helpful to find out from neighborhood shopping centers, what affect the development of the Safeway Shopping Center has had on business. Obviously that shopping center is thriving as evidenced by the amount of traffic, but it would be interesting to know if the traffic is at the expense of neighborhood center business. CH TURNER NOTED THAT THERE ARE PEOPLE ON THE EAST SIDE OF TOWN WHO WOULD LIKE TO TESTIFY AT A LATER DATE AND HE MOVED TO CONTINUE THE ITEM UNTIL MARCH 13. MOTION PASSED BY UNANIMOUS VOTE. COMMUNICATION RE ABAG DRAFT ENVIRON- MENTAL T1ANAGEMENT PLAN The Council received a copy of a letter sent to ABAG by the Marin County Board of supervisors requesting an extension of time for action on the ABAG Draft Environmental Management Plan. Item noted for filing. COMMUNICATION RE DISCRETE SEWAGE FACILITIES - COUNTY The Council received a copy of a letter from ABAG to Alameda County indicating that ABAG disagrees with the County's determination that the use of discrete sewage facilities in the unincorporated Alameda County will not have a significant affect on the environment. Item noted for filing. COMMUNICATION RE SOLID WASTE MANAGEMENT CITI- ZENS ADVISORY COMMITTEE A letter was received from the Alameda County Planning Department requesting that the City cooperate by authorizing certain members of the Citizens Advisory Committee to represent Livermore on the Alameda County Solid Waste Management Citizens Advisory Committee. CM TURNER MOVED TO AUTHORIZE THOSE PERSONS LISTED AS COMMITTEE MEMBERS T TO REPRESENT LIVERMORE, AS RECOMMENDED. MOTION SECONDED BY CM STALEY, WHICH PASSED BY UNANIMOUS VOTE. REPORT RE CITY UNEMPLOYMENT INSURANCE The Director of Finance reported that AB644 mandates implementation of unemployment insurance coverage for state and local employees, effective January 1, 1978. The report from the Finance Director outlines three alternative means of financing costs of covering all municipal employees, and the City must select a method by February 27, 1978. The advantages and disadvantages of the three alternatives were listed, with categories mentioned as follows: I. Contri- bution Rate Method; II. Cost Reimbursement Method "Individual Reimbursement Account"; and III. Cost Reimbursement Method "Local Public Entity Employees Fund". CM-35-69 February 27, 1978 (re Unemployment Insurance) Mr. Nolan stated that his recommendation would be selection of the second category, as is also recommended by the League of California Cities. In discussing the alternatives Cm Turner mentioned that in looking back at the City's previous records the future unimployment insurance obligations could be determined. If it appears it is not expensive, these figures could be compared with what the City is goning to have to pay if the Local Public Entity Employees Fund is selec- ted. This would mean that the City would have to have $36,000 available rather quickly, compared to the Individual Reimburse- ment Account which would require no immediate funds. Mr. Nolan indicated that his recommendation is based on what affect the Jarvis-Gann initiative will have, if passed in June, and the City can always switch to another alternative later. Cm Turner felt that the City should disregard the possible impact of the Jarvis-Gann proposal and act according to previous records. The majority of the Council felt the second alternative would take care of the City through the period of lay-offs if the Jarvis-Gann proposal is adopted and that this is the security the City needs. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA AND 3-1 VOTE (Cm Turner dissenting as per comments above) THE RECOMMENDATION BY THE FINANCE DIRECTOR WAS ADOPTED. RESOLUTION NO. 46-78 A RESOLUTION ELECTING FINANCING METijOD FOR UNEMPLOYMENT INSURANCE REPORT RE TENTATIVE TRACT MAP 3925 (Rich Buckley) The item concerning Tentative Tract Map 3925 (Rich Buckley) for property located on 7th Street near East Avenue, was postponed from the meeting of last week. Mr. Roy Jensen, representing the developers, commented that he has conducted a survey of homeowners association costs and he feels those being recommended for the proposed group of units is reasonable, which was followed by discussion of the costs for various items. Specific comments from Mr. Jensen were not audible. There was concern on the part of the Council that the condominiums are proposed for low-moderate income housing while it appears that with a minimum down and homeowners association dues the monthly payment would be as much as $500, but there was discussion as to whether this aspect of the proposal is the City's concern. The comment was made that if the development meets the City's standards and all of the requirements are met it is not the City's concern whether or not people can afford to pay for landscaping or garbage, etc. ~' CM-35-70 February 27, 1978 (re Tentative Tract Map 3925 - Buckley) It was also mentioned that this property is a lot of record with seven sewer connections and they would be allowed to develop. Cm Staley commented for the record that he feels this particular application did not receive sufficient consideration and in his opinion it should not qualify as low-moderate income housing, unless the City is willing to state that a $45,000 home is low or moderate income housing. Based on 10% down, the payment would be $500 and this seems high for a moderate income family. It was noted that it would seem reasonable for the City to be con- cerned with upkeep that may become the City's responsibility in the event the homeowners cannot pay for maintenance of the area. It would seem that this is an item that should be discussed for future consideration of application approval, particularly as to what constitutes low to moderate income housing. The City Attorney stated that for the record he would like to say that this is a technical subdivision riding on the reserve sewer allocation under its RG-12 zoning. The low-moderate income housing issue carne up with respect to the General Plan requirement, indepen- dent of sewer capacity. Technically, there are two issues involved and they are not interrelated. ON MOTION OF CM TURNER SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE NEGATIVE DECLARATION WAS ACCEPTED AND TENTATIVE TRACT MAP NO. 3925 WAS ADOPTED BY RESOLUTION. RESOLUTION NO. 47-78 A RESOLUTION APPROVING TENTATIVE TRACT ~~P NO. 3925 RE ABAG ENVIRON- MENTAL MANAGEMENT PLAN Discussion concerning the ABAG Environmental Management Plan relative to the Solid Waste Element, was postponed to the March 6 meeting. PROPOSED POLICY RE GROWTH STRATEGIES The discussion concerning the proposed policy for Interim and Long Term Residential Growth Strategies for the Livermore General Plan was postponed until March 6th. REPORT RE TENTATIVE MAP #2422 - PENTECOSTAL CHURCH ON COLLEGE AVENUE The Planning Director reported that the Pentecostal Church of God has requested that they be permitted to divide the church property into three parcels which would allow sale of Parcels A and B, shown on the map, which contain single family homes. The Planning Director stated that the staff recommendation would be that the request be approved subject to conformance with the sewer allocation policy and connection to public water service. CM-35-7l February 27, 1978 (re Tentative Tract Map #2422 - Pentecostal Church - College Avenue) It is also recommended that the Negative Declaration be approved subject to the sewer condition with the additional condition that when Parcel A is sold the owner provide a sewer easement for the existing sewer line that serves Parcel C. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE RESOLUTION AND NEGATIVE DECLARATION WERE ADOPTED. The resolution will appear on the Consent Calendar of March 6th. COUNTY REFERRAL - VARIANCE (7573 Lavender Avenue) The Director of Planning reported that the Alameda County Planning Department has referred a variance request from Jerry and Cheryl Gibson to permit replacement of a nonconforming building and the addition of a barn (7573 Lavender Avenue). The variance is required to permit modification of a nonconforming use and the residential unit is located in an area planned and zoned by the County for industrial uses. In reviewing the matter the Planning Commission recommends that the Council recommend denial of the application to the County. Recommendation for denial of the variance is based on the following findings: 1) the development does not conform to the General Plan; and 2) use of septic tanks is inconsistent with the City's policy relative to sewers. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE PLANNING COMMISSION RECOMMENDATION FOR DENIAL OF THE VARIANCE APPLICATION WAS ADOPTED, BASED ON THE REPORT FROM THE P.C. HEARING SET RE GEN. PLAN AMENDMENT The public hearing for the proposed General Plan amendment was set for March 20, 1978. REPORT RE LIBRARY BOARD MEMBERSHIP The report from the City Attorney concerning Library Board Mem- bership was deferred for discussion with appointments, done only during full Council. Item continued until March 6th. REPORT RE PROPOSED EAST COUNTY GOVERN- MENT CENTER The Council received a report for estimates on the three sites being considered for the East County Government Center. Sites being considered are the Tassajara site and two locations on Hopyard Road. The Alameda County Board of Supervisors will hold a public hearing for further consideration on March 14th. --~.../ CM-35-72 February 27, 1978 (re East County Government Center) The consensus of the Council was that they would like to reiterate their support of the Santa Rita site, without opposing the Hopyard site. The County does need to find out if Pleasanton will accept the detention center on the Hopyard site prior to considering this location, however. Generally, the Council felt the Santa Rita site should be used but if Pleasanton will accept the detention center it would be most cost effective to develop the Hopyard site and they would support this location. The Council aldo noted that they do not expect the ancillary Human Needs Services building to be developed with the center because of the development of Livermore's Multi-Service Center. No further discussion of the above item and the City Manager was directed to communicate to the Board of Supervisors concerning The views of the City Council. REPORT RE TRANSPORTA- TION DEVELOPMENT CLAIM The Assistant to the City Manager reported that the MTC staff has informed the City staff that approval for local bus service will most likely begin in July rather than June as anticipated because of accounting difficulties relative to the commencement of the new fiscal year. The staff recommends beginning service July 3, 1978, and that the Council pprove a four year demonstration period with the anticipation that citizens will approve a tax-override at the end of the four years to help support service beginning with the fifth year of service, as is required as a condition of the grant. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE RESOLUTION AUTHORIZING SUBMISSION OF A CLAIM FOR TDA FUNDS WAS APPROVED. RESOLUTION NO. 48-78 RESOLUTION AUTHORIZING SUBMISSION OF A CLAIM TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR TRANSPORTATION DEVELOPMENT ACT FUNDS. APPOINTMENTS In keeping with Council policy, discussion of various appointments were postponed to March 6th, during which time it is anticipated that all members of the Council will be present. CONSENT CALENDAR Reso. Auth. Budget Amend. The Council adopted a resolution authorizing a budget amendment for acquisition of property to be used as a part of the Quezal- tenango Parkway, and amending the budget for this purchase from $3,700 to $9,000 (appraised value and appraisal fee). RESOLUTION NO. 49-78 A RESOLUTION AUTHORIZING BUDGET AMENDMENT C!<1_ 3 5 - 7 3 February 27, 1978 Reso. Auth. Budget Amend. JActing Police Chief) The Council approved a budget amendment for a supplemental pay adjustment for the acting Police Chief during the term of his assumption of this office. RESOLUTION NO. 50-78 A RESOLUTION AUTHORIZING BUDGET AMEND- MENT (Acting Police Chief Compensation) Reso. Approving Revised Job Descriptions The Council adopted a resolution approving revised job descrip- tions for five employee positions. RESOLUTION NO. 5l-78 A RESOLUTION APPROVING REVISED JOB DESCRIP- TIONS (Building Inspector, Children's Li- brarian, Police Cadet, Police Chief, Police Officer and Stenographer Clerk) Report re Construc- tion Bids for Second/"L" St. Signal The Public Works Director requested authorization to call for bids on the new traffic signal for Second Street at "L" Street. Estimated cost for the project is $28,553.53, and approval was given to call for bids. Re Recent Annexa- tion Law Changes The Planning Director reported that the report relative to recent annexation law changes was referred to the P.C. for conunent. Departmental Reports The following departmental reports were submitted for informa- tional purposes. Administrative Assistant Building Department - December and January Mosquito Abatement District - December Municipal Court - December and Janaury Payroll & Claims There were 119 claims in the amount of $252,754.25, and 345 payroll warrants in the amount of $117,659.72, with $3,739.62 worth of corrections, for a total of $374,153.59, dated February 14, 1978, and approved by the City Manager. CM-35-74 February 27, 1978 P.C. Minutes The Planning Commission minutes from the meeting of January 24, 1978, were noted for filing. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. MATTERS INITIATED BY THE STAFF (Exec. Session re Litigation) The City Attorney requested an executive session to discuss litigation. MATTERS INITIATED BY THE COUNCIL (Request for Schedule re Grown Management Plan) , ern Turner requested a staff report on the Growth Management Plan, i.e., where it is now, the anticipated date of approval, etc. (Budget Forecast) ern Turner stated that he would be interested in rece1v1ng a budget forecast for the City in the event the Jarvis-Gann Initiative is adopted in June. Mr. Parness indicated that there isn't anything he can do until the Council determines what cuts will have to be made but he can list items he feels have priority. The City Attorney interjected that an assumed budget would be based on certain assumptions as to the affect of Jarvis-Gann that cannot be certain. For instance, it talks about the County distributing the property tax according to law and there is no such law. The City would be speculating to assume what the Legislature is going to do, and it may be that the County will have to keep all of the property tax funds, or we may get some. ern Turner stated that it may be that the City can't work on a budget because of the number of unknown factors involved; however, he would like the staff and Council to sit down and discuss what the impact might be and which direction the City might take. The Council asked that there be a study session on March 20th for discussion of this item. ern Turner stated that he believes the Council should begin the budget process earlier than has been done in the past. Cm Staley commented that he would be interested in seeing the percentage of money spent for various items and investigate what other cities of comparable size are spending for the same item in an effort to determine whether or not the City is providing the same level of police service, etc. CM-35-75 February 27, 1978 (re Budget) The consensus of the Council was that it might be worthwhile to try to take care of the budget in stages, as it is ready, rather than to spend two full days in May to discuss it. (Illegal Signs) Mayor Tirsell stated that over the weekend she observed real estate signs everywhere. They were along major streets in the right-of-way and in the bike paths. She asked that the Police Department be instructed to gather these signs on the weekend. ern Turner stated that people have told him about political signs in the right-of-way and they don't see any difference in political signs and real estate signs. It was noted that a political sign is in a different category; however, they should not be located in the right-of-way either. Mr. Parness indicated that he would instruct the Police Department to remove the illegal real estate and political signs. ORD. AMEND. RE HERI- TAGE PRESERVATION COMMISSION MEMBERSHIP ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE ORDINANCE AMENDMENT RELATIVE TO ESTABLISHMENT AND MEMBERSHIP OF THE HERITAGE PRESERVATION COMMISSION, WAS ADOPTED. ORDINANCE NO. 942 AN ORDINANCE AMENDING CHAPTER ll, RELATING TO PRESERVATION OF CULTURAL HERITAGE, BY THE AMENDMENT OF SECTION ll.lO, RELATING TO ESTABLISHMENT OF COMMISSION, OF THE LIVERMORE CITY CODE, 1959. ORD. DESIGNATING FLOOD PLAIN AREAS ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE ORDINANCE AMENDMENT RELATIVE TO FLOOD PLAIN DESIGNATIONS WAS ADOPTED. ORDINANCE NO. 943 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE BY AMENDING SECTION 3.00 THEREOF, RELATING TO ZONING. ADJOURNMENT Mayor Tirsell adjourned the meeting at ll:55 p.m. to an executive session to discuss litigation and then to a 7:30 p.m. meeting on Monday, March 6, 1978, in the Municipal Court Chambers, which will be adjourned to an executive session for discussion of labor negotiatiOnS".) q , APPROVE ~L..... Y"}I _JlA A '(J ,,~. Mayor ATTEST CM-35-76 Adjourned Regular Meeting of March 6, 1978 An adjourned regular meeting of the City Council of the City of Livermore was held on Monday, March 6, 1978, at 7:30 p.m. in the Municipal Court Chambers, 39 South Liver- more Avenue. The meeting immediately adjourned to an executive session to discuss labor negotiations. Present: Cm Dahlbacka, Kamena, and Turner Absent: Cm Staley (excused - business) and Mayor Tirsell Regular Meeting of March 6, 1978 A regular meeting of the Livermore City Council was held on March 6, 1978, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:07 p.m. with Mayor Tirsell presiding. ROLL CALL Present: Cm Dahlbacka, Kamena, Turner, and Mayor Tirsell Absent: Cm Staley (excused - business) PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. SPECIAL ITEM - CITY ATTORNEY REPORT RE ATHLETICS INTERNATIONAL SWIM CLUB FACILITY The City Attorney reported on the status of the bankruptcy proceedings relative to the owner of the Athletics International Swim facility located in the Greenville North area. He stated that in talking with the attorney representing the trustee in bankruptcy, they are prepared to act to conclude or terminate the escrow. If the escrow is terminated the trustee is obligated to convey to the Federal Deposit Insurance Corporation. In discussing this matter with the City Manager, the City Attorney and City Manager agree that there are two alternatives that exist: 1) for the City to enter the property and remove the offending structures, at a cost of $lO,OOO which could be reimbursed by the buyer if the escrow closes: and 2) to spend the money necessary to erect a fence. The federal court in Honolulu has been contacted and has given the City permission to erect a fence. The City Attorney would recommend authorization of either action to be taken, depending on whether the escrow is terminated or concluded. CM-35-77 March 6, 1978 (re Greenville Swim Club) The City Attorney was asked about the City's liability in the event a fence is erected around the property and he indicated that it would be the same liability if any kind of action is taken. If anyone is injured in, around, or on the fence, the City could be held liable for the full extent of any injuries received by that person. "-" The City Attorney was asked if the owner would reimburse the for the fence if the escrow closes, and he indicated that it not because the fence has no value to an owner. The cost of removing the fence would be a burden on the property. In discussing the possibility of erecting an 8-ft. chain-linked fence, the Public Works Director commented that such a fence would be quite safe as long as it would remain in place; however, a fence would be subject to vandalism. The front door to the building would also have to be secured. City would CM KAMENA MOVED TO DIRECT THE STAFF TO INSTALL THE 8-FT. CHAIN- LINK FENCE AS RAPIDLY AS POSSIBLE TO SECURE THE AREA. ALSO, IF THE ESCROW CLOSES, THE COUNCIL AUTHORIZES THE STAFF TO TAKE APPROPRIATE ACTION WITHIN 48 HOURS. MOTION SECONDED BY CM DAHLBACKA. The City Attorney recommended an alternative which would be to authorize execution of a contract to be signed by the new owner that would provide for the City's entry onto the property and removal of the debris and structure as well as reimbursement to the City for this expense by the new owner. Council discussion followed concerning whether the City should fence the property with no reimbursement forthcoming or to wait for a signed contract which states that the City will be reimbursed for demolition of the structure and swimming pool. CM KAMENA AMENDED THE MOTION TO INCLUDE AUTHORIZATION TO THE STAFF TO PROCEED WITH RAZING OF THE STRUCTURE AND FILLING THE POOL IF ESCROW CLOSES BY FRIDAY, MARCH 10TH, AND IF THE CITY HAS OBTAINED A SIGNED CONTRACT ALLOWING ENTRANCE TO THE PROPERTY AND AGREEING TO REIMBURSEMENT TO THE CITY FOR THE COST. AMENDED MOTION SEC- ONDED BY CM DAHLBACKA. Ray Faltings, lOl8 Via Granada, stated that he is amazed that the City can't recover any kind of money spent in securing the property and he wondered if the City could file a suit to recover any money spent. The City Attorney has said that the City stands to lose $2,500 (cost of the fence) if certain things do not occur in a particular order. The problem of reimbursement was explained by the City Attorney. Margaret Davidson, 5361 Scenic Avenue, asked who will repair the fence in the event it is vandalized and she was told that it would be the City's fence and it would be repaired by the City. MOTION RESTATED: THE COUNCIL ASKED THAT THE STAFF WAIT UNTIL FRIDAY TO DETERMINE WHETHER OR NOT ESCROW WILL CLOSE. IF ESCROW DOES CLOSE THE STAFF IS AUTHORIZED TO ENTER INTO A CONTRACTUAL ARRANGEMENT WITH THE BUYERS FOR ENTERING THE PROPERTY FOR THE PURPOSE OF CLEARING THE PROPERTY, WITH REIMBURSEMENT TO THE CITY FOR THESE COSTS. IF THE ABOVE CONDITIONS CANNOT BE MET THE STAFF IS AUTHORIZED TO ERECT AN 8-FT. HIGH CHAIN-LINKED FENCE AROUND THE PROPERTY AND TO SECURE THE CLUB HOUSE DOORS. MOTION PASSED BY UNANIMOUS VOTE. CM-35-78 March 6, 1978 (Greenville Swim Club) Eileen Bremner, l628 Pinehurst Court, asked about the placement of the fence which was explained by the Councilmembers and Mr. Parness. It was explained that the intent of the ~otion is that if escrow does not close Friday, the Director of Finance is authorized to approve the cost of a fence for the property immediately. OPEN FORUM (LAVWMA Item) David Eller, 3797 Oregon Way, read an excerpt from the Declaration of Independence. He then stated that LAVWMA is not going to make a decision on whether or not the LAVWMA project should go to the voters until their next regular meeting which is Thursday, two days after the Livermore election. He stated that this is their way of protecting two of their board members from angry voters. The two Livermore board members are Mayor Tirsell and Cm Turner. He added that as a representative of CARD, he would like to submit a petition asking that this matter be placed on the ballot for the voters and he would like to present the petition to the Council. He was advised by the Mayor to submit the petition at the LAVWMA Board meeting on Thursday. (Budget) Ray Faltings, Via Granada, stated that the City is getting near budget discussion time and he would like to recommend that the Council consider an ad hoc committee to assist in the establish- ment of the budget for the corning year, with the possibility of establishing two budgets. One budget could be done with the antici- pated effects of Jarvis-Gann, and the other a budget to be imple- mented if Jarvis-Gann does not pass. It was explained that the City Manager has been asked to come to the Council with recommendations as to what changes need to be considered in the event the Jarvis-Gann Initiative passes. Two budgets will be presented to the public, for study and comment by the public, as has been the process in the past. General discussion followed concerning budget discussion practices of the past and continuity of budget preparation procedure. (re Police Dept.) Jim Bradley, 5576 Idlewild, stated that during the past few weeks the credibility of the City Manager and various officers of the Police Department has been attacked but on behalf of the Jaycees he would like to comment that the City Manager is doing a great job for the community, as are a number of pOlice officers. He stated that the Jaycees on the north side of town have been involved in a project for installation of dead bolt locks on doors and Sgt. Don Lee has spent many off duty hours helping to install the locks. This is just one example of cooperation by police officers and that people should be aware of some of the good being done. CM-35-79 March 6, 1978 PUBLIC HEARING RE SIDEWALK REPAIR The Director of Public Works reported that through the Sidewalk Repair Program, 12 parcels have received sidewalk repair and the owners have been informed of the cost. One of the l2 have paid for repair and one owner has requested payment under the allowable 5 year installment plan. The staff recommendation is that the Council adopt a resolution confirming assessments and a resolution granting the paYment plan. Mayor Tirsell opened the public hearing for receipt of public testi- mony; however, no testimony was offered. ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE RESOLUTIONS CONFIRMING ASSESSMENTS AND APPROVING THE 5 YEAR PAYMENT PLAN WERE ADOPTED. RESOLUTION NO. 52-78 A RESOLUTION OVERRULING PROTESTS AND CONFIRMING ASSESSMENTS FOR SIDEWALK REPAIR RESOLUTION NO. 53-78 A RESOLUTION PROVIDING FOR INSTALL- MENT PLAN PAYMENT OF CURB, GUTTER, SIDEWALKS AND/OR PAVEMENT CONSTRUC- TION ASSESSMENT. COMMUNICATION FROM GOOD SAMARITAN HOME The Council received a letter from the Good Samaritan Horne, Family Crisis Center, aSking for Council support in its appeal before the Alameda County Board of Supervisors, for Emergency Revenue Sharing funds. The consensus of the Council was to express support. COMMUNICATION FROM BISSELL & KARN RE ANNEXANTION - NO. OF I-S80 The Council received a letter from Bissell & Karn, Civil Engineers, requesting annexation of properties located north of I-580 between Doolan Canyon Road and Collier Canyon Road. The Council moved this item after the discussion of the General Plan, which will appear later in the minutes, as the two items are related. COMMUNICATION FROM ODD FELLOWS LODGE REQUESTING REFUND OF BINGO PERMIT FEE The Council received a request for refund of the bingo permit fee from Odd Fellows Lodge No. 219. CM-35-80 March 6, 1978 (Refund of Bingo Permit Fee) It was noted that this is a state law and return of the permit fee could not be permitted. It was mentioned that this group is not playing bingo for profit or proceeds and perhaps this would make a difference in being allowed to return their fee. The City Attorney was asked to contact the Odd Fellows to discuss this item. COMMUNICATION RE LIBRARY BOARD APPT. The letter from the Library Board relative to appointments in general and for the proposed student Board member was postponed, as the Council does not make appointments when a member of the Council is not present. COMMUNICATION FROM COUNTY PLANNING DEPT. TO ABAG RE EMP The letter to ABAG from the Alameda County Planning Department concerning comments to the Environmental Management Plan and requesting additional time to permit adequate public input. Letter was noted for filing. DISCUSSION RE INTERIM & LONG TERM RESIDENTIAL GROWTH STRATEGIES The Council briefly discussed whether or not to continue discussion of the interim and long term residential growth strategies for the Livermore General Plan or whether new information should be presented to the P.C. It was concluded that it would be helpful to the P.C. to be able to review information and make a recommendation to the Council. ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER, AND BY UNANIMOUS VOTE, THE PAPER WHICH WAS PREPARED BY THE MAYOR, THE REQUEST FOR ANNEXATION FROM BISSELL & KARN, AND THE REPORT FROM THE CITY MANAGER REGARDING FORMATION OF A HOUSING TASK FORCE, WAS REFERRED TO THE P.C. FOR REVIEW, AS ALL OF THESE ITEMS ARE RELATED. It was noted that the last part (Housing Task Force) relates to the Mayor's paper as noted in IV. c. 2. for defining "low and moderate income housing". The item will again be discussed on March 27th. LETTER FROM BISSELL & KARN RE ANNEXATION It was mentioned that at this time the Council would not be able to discuss the request for annexation by Bissell and Karn because the Council does not have a policy to follow. Mr. Karn, stated that he feels the letter from them is self-explana- tory as to what they would like to do and they would appreciate a response from the City as soon as possible. CM-35-8l March 6, 1978 (re Bissell & Karn Request) Mr. Nies commented that he is sure the P.C. can discuss this item on the meeting of March 21st and report back to the Council by their meeting of March 27th. This item will be discussed by the Council on March 27th. MOTION TO REORGANIZE COUNCIL AGENDA As there were numerous people in the audience for discussion of various items, Mayor Tirsell asked for a motion permitting reorganization of the agenda for discussion of items of interest to those in the audience. ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE COUNCIL AGENDA WAS REORGANIZED TO PERMIT DISCUSSION OF ITEMS OUT OF THE ORDER LISTED. REPORT RE CURBSIDE RECYCLING PROPOSAL The Assistant to the City Manager reported that the Recycling Task Force has been working for three months to develop a pro- motional plan for implementing curbside recycling. It is requested that the City contribute $1,000 which would pay for informational brochures and a letter of support from the City Council to be distributed to homeowners and renters now paying for disposal service, with the exception of apartment dwellers. CM TURNER MOVED TO ADOPT THE RECOMMENDATION AND APPROVE AN EXPENDITURE OF $1,000 FOR THIS PURPOSE. MOTION WAS SECONDED BY CM DAHLBACKA WHICH PASSED BY UNANIMOUS VOTE. It was noted in the report that the anticipated date for begin- ning the recycling program is May 15, 1978. REPORT RE FORMATION OF HOUSING TASK FORCE The Assistant to the City Manager reported that the staff has reviewed the letter from the Housing Authority and Social Con- cerns Committee which recommends the formation of a joint com- mittee for the review of housing needs and to conduct a survey of existing Livermore housing stock. The staff would recommend the formation of a Task Force commenc- ing work on April 1, terminating by August 3l, 1978, with members to consist of representatives from the P.C., the Social Concerns Committee, the Livermore Housing Authority, Interfaith Housing, and the League of Women Voters. Clarence Hoenig, representing the Housing Authority, addressed the charges listed in the report and it was explained that the duties mentioned are suggestions and the committee would not be limited only to these charges. ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA AND BY UNANI- MOUS VOTE, A SHORT TERH AD HOC COMMITTEE WITH GENERAL FORMAT AND STRUCTURE WILL BE ESTABLISHED. CM-35-82 March 6, 1978 REPORT RE CUP APP. - NAVLET GARDEN CENTER The Planning Commission reported that they considered a CUP application by Navlet's Garden Center for development of a garden center on the corner of Murdell Lane and Stanley Boulevard. At present the site is zoned PD-15 and development is regulated by the eN District standards. A garden center is not a permitted use in the zoning district. The Planning Commission, in being able to make the required findings, recommends approval of a CUP, subject to conditions as outlined in their staff report. It was also mentioned that on the same evening the P.C. discussed a variance to sections of the Zoning Ordinance and took the following action: a) reduction of street frontage yard along Albert Way from 80 ft. to zero ft.; and b) reduction of non-street frontage yard along east property line. The variance has been appealed by the applicant. A condition was also imposed that a masonry wall be installed similar to the wall on the south side of Albert Way (street south of property discussed). One of the conditions to the CUP is that there be no access to Stanley Boulevard from the property and the applicant strongly opposes this condition. There was discussion concerning no access to Stanley Boulevard and Mr. Lee explained that it is customary for the City to retain rights of access along major streets and there is a one foot no access strip along Stanley Boulevard prohibiting access. If access were allowed the Council would have to authorize access accross the strip. Bob Lee, city engineer, spoke to the Council concerning the study he has done relative to access onto Stanley in that area and he would recommend no access because of the safety problems with a bike lane adjacent to two lanes of traffic on a major street. Brad Hirst, developer representing the applicant, discussed the problem of access with the Council and he also asked about the intent of requiring commencement by June 30, 1978. Mr. Nies explained that commencement means applying for a building permit by that date and the City Attorney added that it would be legally permissible to state that date or "until such time as permits become available". Mr. Hirst then questioned Condition 19, relative to access to the buildings (pedestrian) and he stated that they feel this requirement would lead to problems. He added that they feel there will be a lot of activity other than pedestrians in the area and they would request deletion of the condition for the 25 ft. wide planted area also. Also, they feel the require- ment for a fence above the landscaping would not be reasonable. Mr. Lee explained that the requirement for the fence is to keep people from walking through the landscaping. In discussing the item of the fence along the landscaping, Crn Turner noted that he feels a small fence really doesn't keep people out and he would agree that it could be deleted. Mr. Lee stated that this is a matter than can be discussed and changed up until the time the building permit is issued. CM-35-83 March 6, 1978 (re Navlet Garden Center) Mr. Hirst stated that at the time of the P.C. hearing they did not have the benefit of the report from the traffic consultant hired by the applicant. Mr. Pearson, the traffic consultant has made his recommendation based on traffic in the area and he will be making a presentation to the Council. They would agree that there should be a right turn into and out of the area, only, with no cuts in the median on Stanley, and that no u-turns be allowed on Stanley because of traffic and speed and they would work with the County for getting a reduction in the speed of traffic. He added that even if Navlet's is not developed, he would urge the City to do something about the speed on that street. Mr. Pearson commented that in reviewing the geographics of the area and observing people making u-turns, they feel a traffic light permitting u-turns would be appropriate and this would allow people traveling west on Stanley to make a u-turn to go east on Stanley and into their shopping area. At present, a person driving west on Stanley must now cross the bike lane on Stanley and the bike lane on Murdell to get to the shopping area, and they feel it would be safer if the driver didn't have to cross two bike paths. Discussion followed concerning the driveways proposed for Stanley Boulevard and Mr. Pearson commented that the accident rate along that area has been very low and they feel that with the proper signals, etc., it would be quite safe to enter and exit along Stanley. RECESS Mayor Tirsell called for a brief recess after which the Council meeting resumed with members of the Council present as during roll call. CONTINUED DISCUSSION RE NAVLET'S GARDEN CENTER CM DAHLBACKA MOVED TO ADOPT THE RECOMMENDATION SUBMITTED BY THE P.C. FOR APPROVAL OF THE CUP TO PERMIT A GARDEN CENTER IN THE CN DISTRICT, INCLUDING THOSE FINDINGS LISTED IN THE REPORT AND ACCEPTING THE NEGATIVE DECLARATION. MOTION SECONDED BY CM TURNER. Mr. Hirst was asked about the entrance from Albert at the rear of the property and he noted that there would be no vehicular access from that direction and they would prefer that there be no provisions for pedestrian traffic from that direction. There is a large gate at that location but it would normally remain locked. They feel people should not be wandering around in their inventory area. 1) CM KAMENA MOVED TO AMEND THE MOTION TO DELETE THE REQUIREMENT FOR ACCESS FROM ALBERT. AMENDMENT SECONDED BY CM TURNER. Concern was expressed for requiring the fence along with the landscaping and Mr. Lee suggested that this matter be left open to be discussed at the time landscaping designs are approved by the staff. At that time the item can be brought to the Council for final determination. CM-35-84 March 6, 1978 (re Navlet's Garden Center Application) 2) CM TURNER MOVED TO AMEND THE MOTION TO STATE THAT A CITY APPROVED FENCE WILL BE REQUIRED ALONG THE STANLEY BOULEVARD FRONTAGE; OR APPROPRIATE SUBSTITUTE MOUNDING AND LANDSCAPING TO BE DETERMINED AT PLAN CHECK STAGE BY THE CITY COUNCIL. AMENDMENT SECONDED BY CM KAMENA. Mr. Hirst stated that he would like the Council to keep in mind that this area was planned and approved in 1971 and in 7 years no shopping center has been built. In his professional judgment no shopping center will be built as originally conceived in a neigh- borhood - supermarket, drug store type development. There is not enough consumer market to support this type of development. They are not proposing a project that would be internally oriented and they know that they must get 20-25% of the business from Stanley Boulevard. There are simply not enough homes south of Stanley Boulevard to support the project and the access from Stanley is imperative, but they could survive with just one driveway. In discussing the matter some of the points mentioned by the Council in favor of the Stanley entrance were: l) Access is needed along Stanley because people coming from the Pleasanton area might acci- dentally pass Murdell with no way of getting into the shopping center; 2) this area should be no different than going onto or corning from El Carninito or Wall Street; 3) it should be recognized that Stanley Boulevard is a street from which many right or left turns are made. 3) CM TURNER MOVED TO AMMEND THE MOTION FROM STANLEY BOULEVARD, THE WIDTH TO WORKS DEPARTMENT AND THE DEVELOPER. SION PURPOSES BY CM KAMENA. TO APPROVE INGRESS AND EGRESS BE DETERMINED BY THE PUBLIC AMENDMENT SECONDED FOR DISCUS- Discussion followed concerning the driveway area and various problems were noted: 1) Access from Stanley would create hazards for the bike riders; 2) flashing amber lights to alert bike riders and motorists of the driveway would not be proper warning as there will be solid lines of traffic at different times of the day regardless of the warning device. Mr. Hirst stated that if the developers felt the City would not allow access from Stanley there would have been no project planned. They have received a lot of encouragement from the staff and they knew that this would be a hurdle that would have to be faced at some point in time and it was saved until last. He added that they feel very strongly that they must be able to attract people who decide on impulse that they would like to stop to look at something or to buy something and this is feasible if the entrance is permitted on Stanley. The comment was made that the Council's prime concern is safety and it is not likely that someone would go to a nursery on impulse. If people want a plant or a tree they generally plan to go to the nursery and it doesn't seem that it would be a hardship to turn onto Murdell and then enter the shopping area. Other notes concerning this property were: 1) the Council is aware the property would not likely develop as a shopping center site; 2) the property owner requested a one year extension of the zoning or it would have been rezoned for multiple residential development by the Council; 3) the P.C. has recommended in the past that the property be rezoned for multiple development; CM-35-85 March 6, 1978 (re Navlet' Garden Center Application) 4) the requested development is a use that would normally be required to locate downtown; 5) most shopping centers are not allowed access from the major street, i.e., East Avenue, and Granada Shopping Center; and 6) if permitted this would give them an unfair advantage over other shopping center developments. It was pointed out that if the shopping center developed with uses normally contained in such a center they would not be asking for access from Stanley, as they would be serving that group of homes in the immediate vicinity and a street inside the tract could be used for access. The argument was made that while it is true access is not allowed from major streets there is generally another street on which a person can make an exit if he accidentally passes the shop- ping facilities. In this case, once a person has passed the facility there is no way to get back to it. 3) CM TURNER RESTATED HIS AMENDMENT TO INCLUDE THAT INGRESS AND EGRESS BE PERMITTED FROM STANLEY BOULEVARD WITH THE CONDITIONS THAT THE SPEED LIMIT CAN BE LOWERED AND THAT THE ACCELERATION, DECELERATION LANES BE INCLUDED. AMENDMENT SECONDED BY CM KAMENA. Barney Farr, 1010 Glen Common, stated that he feels the proposed use is not proper in a residential area. He stated that Navlet's Nursery is a regional operation and they want people from Pleasan- ton and Livermore. If they want to corne to Livermore to develop a nursery they should abide by the City's policies and rules. CM TURNER INCORPORATED ALL THREE OF HIS AMENDMENTS INTO ONE RE- WORDED AMENDMENT: THAT A CITY APPROVED FENCE WILL BE REQUIRED 1) ALONG THE STANLEY BOULEVARD FRONTAGE, OR APPROPRIATE SUBSTITUTE 2) MOUNDING AND LANDSCAPING TO BE DETERMINED AT PLAN CHECK STAGE & BY THE CITY COUNCIL, TO APPROVE INGRESS AND EGRESS FROM STANLEY 3) BOULEVARD, THE WIDTH TO BE DETERMINED BY THE PUBLIC WORKS DIREC- TOR AND THE DEVELOPER, AND WITH THE CONDITIONS THAT THE SPEED LIMIT BE LOWERED AND ACCELERATION AND DECELARATION LANES BE INCLUDED. AMENDMENT SECONDED BY CM KAMENA. AMENDMENT WAS CLARIFIED WITH THE STATEMENT THAT THE CITY AND THE DEVELOPER TRY TO GET THE SPEED LIMIT REDUCED BUT IF IT CAN NOT BE ACCOMPLISHED THIS WOULD NOT AFFECT APPROVAL FOR INGRESS/EGRESS FROM STANLEY. PRIOR TO VOTING ON THE MATTER CM TURNER MOVED TO CONTINUE THE MATTER FOR ONE WEEK, AS CM STALEY HAS EXPRESSED SOME CONCERNS RELATIVE TO THIS APPLICATION. CM KAMENA SECONDED THE MOTION WHICH PASSED BY UNANIMOUS VOTE. REPORT RE REGIONAL WATER QUALITY CONTROL BOARD CEASE AND DESIST ORDER STATUS The City Manager reported that the Regional Water Quality Control Board has declined permission for issuance of 13 pending build- ing permits claiming some violation in treatment standards and because the LAVWMA project has not progressed. An appeal will be made to this agency on March 2l. In the interim, a nursery is waiting to proceed with develop- ment as are the other applicants and it is recommended that the Council authorize issuance of building permits with the condition that the applicants sign a statement indicating that they are aware sewer connections may not be allowed even though construction improvements have been completed. CM-35-86 March 6, 1978 (re Cease & Desist) In discussing the matter the Council felt that technically the City would be complying with the spirit of the Cease and Desist Order even in allowing development to proceed as long as a sewer connection is not allowed. CM KAMENA MOVED TO AUTHORIZE ISSUANCE OF BUILDING PERMIT TO THE APPLICANT FOR THE NURSERY ON FIRST STREET AND OTHER PENDING APPLICATIONS, PROVIDED THAT THOSE APPLICANTS EXECUTE THE NECESSARY DOCUMENTS WITH THE CITY ATTORNEY TO DECLARE THAT SEWER CONNECTION MAY NOT BE ALLOWED EVEN THOUGH CONSTRUCTION AND IMPROVE- MENTS HAVE BEEN COMPLETED. MOTION SECONDED BY CM TURNER. ern Dahlbacka noted that he will not take part in the discussion or vote due to a conflict of interest. The City Manager was asked what was meant by the statement that the LAVWMA project had not progressed and he indicated that this is due to the fact that the matter is in litigation. He stated that if it were not in litigation it might make a difference. Jerry Wilverding, 4886 Primrose Lane, stated that if a holding tank were allowed it would ultimately become filled and he would like to know what happens to the effluent as it's pumped from the holding tank. It was.noted that arrangements then have to be made for disposal through another treatment plant that is not at capacity. MOTION PASSED BY UNANIMOUS VOTE (Cm Dahlbacka abstaining). REPORT RE SOLID WASTE ELEMENT OF ABAG ENVIRON- MENTAL MANAGEMENT PLAN Cm Dahlbacka as a representative on the committee for the Solid Waste Element of the ABAG Environmental Management Plan, reported that the Solid Waste Management Plan portion is based on the exist- ing County Solid Waste Management Plan as an authority. As such, ABAG is trying to build on those philosophies. The only difference seems to be whether the Regional Board will encumber us with another level of government or provide regional interests. ABAG seems to be trying to make it clear that they are not interested in a regional government or approval role and they would like to act as a data gathering base and a center for true regional issues. ern Dahlbacka then reviewed and explained the purpose of the policies and actions outlined in the report presented to the Council, which were approved by the Council as follows: POLICY 1: No Changes POLICY 2: No Changes. Action 2.l: Update the regional plans to deal solely with regional issues and solid waste management and to provide a regional educational role. Action 2.2: Adopt the 25% waste reduction applicable to the County as a regional goal. POLICY 3: (rewritten by the ABAG staff as follows) THE REGIONAL SOLID WASTE MANAGEMENT PLAN SHOULD FOCUS ON MULTI- JURISDICTIONAL PROJECTS FOR WASTE REDUCTION AND RECOVERY OF MATERIALS AND ENERGY FROM SOLID WASTE. CM-35-87 March 6, 1978 Action 3.1 (add for clarification) They would develop information needed for resource recovery planning through studies and demonstration projects, i.e., 1) air quality, water quality, and other environ- mental effects of large scale energy recovery systems: 2) technical feasibility as well as financial and social impacts of resource re- covery projects: 3) develop size and location of potential markets for the resources that are to be recovered; 4) develop information of costs and energy requirements for source separated and mechanically separated material, and 5) the feasibility of cooperative arrange- ment among community recycling programs for transportation, warehousing, and marketing. Cm Dahlbacka suggested adding one additional point: 6) develop information on the most economical method for reducing wastes, includ- ing the study of source reduction. POLICY 4 : POLICY 5 : POLICY 6 : POLICY 7 : POLICY 8 : POLICY 9 : No Changes Support all three. No Changes FEDERAL AND STATE AND REGIONAL GOVERNMENTS SHOULD ADOPT LEGISLATIVE AND ADMINISTRATIVE CHANGES WHICH PROMOTE WASTE REDUCTION. Action 9.l: No Changes Action 9.2: Adopt a "bottle bill" or "litter control bill" similar to Oregon's, regionally. POLICY 10: No Changes. POLICY ll: FEDERAL AND STATE AND REGIONAL GOVERNMENTS SHOULD ADOPT LEGISLATIVE AND ADMINISTRATIVE CHANGES TO IMPROVE COMPETITIVE POSITIONS OF SECONDARY MATERIAL AND PRODUCTS CONTAINING SECONDARY MATERIAL. POLICY 12: Adopted, as written. POLICY 13: POLICY 14: POLICY 15: POLICY 16: POLICY 17: POLICY 18: All adopted, as written. Cm Dahlbacka stated that ABAG has done a very good job in mapping out the County in trying to find suitable sites for hazardous waste disposal and this is an outstanding example of what can be done regionally. Lastly, is the solid waste generated from our sewer plants. In treating water there are increased solids to be disposed of and ABAG is asking for a study on this type of thing. This is also part of the Water Quality Plan showing that this item and water quality are tied together. CM-35-88 March 6, 1978 REPORT RE SALE OF PROPERTY ON OLIVINA AVENUE The City Manager reported that California Water Service would like to purchase a lot now owned by the City for future use of a domestic water well. The lot is located on Olivina Avenue, Tract 3758, Lot 4. The City is in the process of obtaining a lot owned by California Water Service at Fourth and College, for the reconstruction of that intersection, appraised at $13,000. California Water has offered the City $10,000 for the property on Olivina and it is recommended that rather than eacp agency making a purchase of properties that there be an equal exchange. Califor- nia Water is agreeable to this suggestion and it is recommended that a motion be adopted instructing the staff to prepare the neces- sary sales agreements under these terms. ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE STAFF RECOMMENDATION WAS ADOPTED, WITH INSTRUCTIONS THAT THE ITEM BE REFERRED TO THE P.C. Alex Mehran asked about the Council's violation of their policy not to sell any of these lots until the cease and desist order is lifted. It was explained that this is a different situation in that it will be merely an exchange of properties needed by the two agencies and the City has no intention of selling any of the other parcels. The property will be used by California Water for a well, and the City needs the use of their property along Fourth Street as part of the new intersection. Mr. Mehran indicated that he understands the uses to be accommodated but his concern is that Council policy is not being enforced straight across the board. The Council felt they were not violating any Council policy in approving the property transfer. REPORT RE PORTOLA AVE . ABANDONMENT The Director of Public Works reported that several years ago property owners on the south side of Portola Avenue formed an assessment district for the erection of a masonry wall along Portola Avenue, between Enos Way, just east of Michell Street. A portion of the street area (10 ft. inward) from the property side face of the wall should be abandoned by means of execution of a quitclaim deed for each of the 42 parcels involved. It is recommended that the Council adopt a resolution authorizing the Mayor to execute quitclaim deeds. ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE RESOLUTION AUTHORIZING EXECUTION OF A QUITCLAIM FOR THE 42 PARCELS, WAS ADOPTED. RESOLUTION NO. 54-78 A RESOLUTION AUTHORIZING EXECUTION OF QUITCLAIMS (Portola Avenue Assessment District) CM-35-89 March 6, 1978 REPORT RE BIDS FOR FOURTH/COLLEGE RECONSTRUCTION The Director of Public Works requested authorization to advertise for bids for the College Avenue/Fourth Street channelization. ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE COUNCIL AUTHORIZED BID ADVERTISING. REPORT RE REIMBURSE- MENT OF FUNDS RE FOURTH/COLLEGE CHANNELIZATION The Director of Public Works reported that in order for monies already expended for the Fourth Street/College Avenue Channeliza- tion Project to be reimbursed to the City, Program Supplement No. 4 must be executed by the Council. The City will be reim- bursed by the state through the Safer Roads Demonstration Project. ON MOTION OF CM KAMENA, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF LIVERMORE AND THE DEPARTMENT OF TRANSPORTATION WAS ADOPTED. RESOLUTION NO. 55-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Fourth Street/College Avenue Intersection Reconstruction/Channelization) APPOINTMENTS As per Council policy, no appointments will be d~scussed unless all members of the Council are present. REPORT RE EXTENSION OF PACIFIC AVENUE The Director of Public Works reported that construction bids are to be received for the extension of Pacific Avenue to serve the Multi-Service Center. The estimated cost is $43,000, which has been budgeted. It is recommended that the Council authorize solicitation of bids, by motion. ON MOTION OF CM TURNER, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE COUNCIL AUTHORIZED SOLICITATION OF BIDS FOR THE EXTEN- SION OF PACIFIC AVENUE. REPORT RE FIRST STREET OVERHEAD The report from the Director of Public Works concerning the status of the First Street Overhead Project was noted for filing. CM-35-90 March 6, 1978 CONSENT CALENDAR P.C. Summary of Action 2/28 The planning Commission Summary of Action from their meeting of February 28, 1978, was noted for filing. Report re Airport Brochure The Director of Public Works reported that the City has completed printing of the Airport brochure designed to inform pilots in the Bay Area about the facilities available at the Livermore Municipal Airport. Cost of the brochure will be borne by the businesses providing services for the Airport, and the Las positas Golf Course. The brochure will be mailed to about 10,000 licensed pilots in the Bay Area. Noted for filing. Reso. Approving Tentative Parcel Map 2422 The Council adopted a resolution approving Tentative Parcel Map 2422, as per previous Council discussion and action. RESOLUTION NO. 56-78 A RESOLUTION APPROVING TENTATIVE PARCEL MAP 2422 (Pentecostal Church of God) Report re Parking Limit on First St. Two businesses on the north side of First Street between "M" and "N" have requested that the present one-hour parking restrictions along that portion of First Street be removed. They have developed adequate off-street parking and they feel unlimited parking on First Street would best serve their needs. Item approved. RESOLUTION NO. 57-78 A RESOLUTION AMENDING RESOLUTION NO. 129-72, AS AMENDED, RELATING TO RESTRICTED PARKING ZONES BY RESCINDING THE ONE-HOUR PARKING LIMIT ON THE NORTH SIDE OF FIRST STREET BETWEEN "M" AND "N" STREETS IN THE CITY OF LIVERMORE. Payroll & Claims There were 142 claims in the amount of $167,840.27, and 344 payroll warrants in the amount of $124,006.87, less $335,000 transfer to savings, for a total of $626,847.14, dated 2/27/78, and approved by the City Manager. CM-35-9l March 6, 1978 Payroll & Claims There were 83 claims for a total of $33,552.03, dated 2/28/78, and approved by the City Manager. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. MATTERS INITIATED BY THE STAFF (Court Decision re LAVWMA Project) The City Attorney reported that the Hayward Superior Court has ruled on the two suits challenging the LAVWMA Project. In the Fraga, et al suit, a summary judgment was granted in favor of LAVWMA, and in the CARD suit the order to show cause was over- ruled, rejected by the court. (Traffic & Speed on Lexington) Cm Turner stated that during his campaign walks he met a resident of Lexington Way who is very concerned about the speed and the amount of traffic on that street, particularly during the normal commute hours. It appears that people are using this street as a route to the Lab, and since he has lived there three of his cats have been killed by automobiles. ern Turner suggested that there be consideration of a stop sign at Lexington and Hampton, or some type of sign that states "local traffic only". He would also suggest that the street be better patrolled to catch people who are speeding. (Newspaper Adver- tising Rates) Cm Kamena stated that since the Valley Times is a newspaper of general circulation, if the advertising rate is more favorable than the rate for advertising in the Herald, he would suggest that the City take advantage of this. The City Attorney explained that by law, notices must be published in a newspaper of general circulation in the same jurisdiction, for that jurisdiction. (Complaint re pigeons) Mayor Tirsell stated that the resident at 772 South Livermore Avenue has complained that she must scrub the sidewalk daily because of the pigeons around her house and she would like to know if something can be done as she was told they carry germs that cause a lung disease. (Policy re Contin- uance of Items) Mayor Tirsell suggested that the Council adopt a policy for stat- ing that public testimony would be taken but no council discussion if an item is to be continued due to one member of the Council not being in attendance, as happened this evening. She stated that she CM-35-92 March 6, 1978 (re Continuing Items) could have said the Council was thwarting Council business and forced a vote, but she was also aware that Cm Staley had expressed interest in the application concerning the nursery application on Stanley. The Council agreed that this is a policy that should be discussed and that some policy should be made. CITY MANAGER STATUS REPORT Bus Naming Contest The staff will be asking the Council for authorization to conduct a contest for naming of the local bus system and a logo. Energy Element The Energy Commission is finalizing their work on the Energy Element, which will soon be corning to the Council. Police/Fire Negotiations Police/Fire negotiations are underway and it is anticipated that both will be complete by the end of April. Count~ Fire Dept. The C1ty has received reports that the County Fire Department will be discontinued, perhaps by the first of the next fiscal year, as the operations is too costly. When this happens it will be a matter of great concern to the jurisdictions in the Valley. 9ll Program The 9ll Emergency Program has been delayed by the County because of the possibility of passage of the Jarvis-Gann Initiative, but hopefully it will be implemented in early July. I'" Personnel Personnel is conducting examinations for vacancies in various classifications and the City is still accepting applications for Police Chief. Emergency Hospital Stor1ng of emergency hospital supplies is a problem because they are stored in a building that has been sold. The City has checked options and it appears that space has been obtained elsewhere. He would prefer not to mention where, as the City does not wish to invite vandalism. ADJOURNMENT There being no further Council business, Mayor Tirsell adjourned the meeting at 11:59 p.m. to the LAVWMA meeting in Pleasanton, Thursday, March 9th at 7:30 p.m. /?11 awld(J ~'H~ Mayor " ~ '.' I . I. ,- tf':~u;tul--..~') I-e/L. 7 \ 'Ci t7f Clerk ..' L~vermore, California APPROVE ATTEST CM-35-93 Regular Meeting of March 13, 1978 A regular meeting of the Livermore City Council was held on March l3, 1978, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor pro tern Kamena, at 8:07 p.m. ROLL CALL Present: Cm Dahlbacka, Kamena, Turner and Staley Absent: Mayor Tirsell -'" PLEDGE OF ALLEGIANCE Mayor pro tern Kamena led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. MINUTES - 2/27/78 ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF FEBRUARY 27, 1978, WERE APPROVED, AS SUBMITTED. (Cm Kamena abstained due to absence.) OPEN FORUM (Complaint re Police Department) Kay Parra, 819 Brennan Way, stated that at the last Council meeting she carne to the Council to complain about the procedures followed by the Police Department. At that time she was told to file a formal complaint and the matter would be investigated. She did file a formal complaint and she indicated that matters have not been investigated to her satisfaction and that the Police Depart- ment does as it pleases. She added that she has received a notice to appear in court with her son, but he is presently in jail and she does not have custody of him. She would like to know how they can appear when he is in jail. She recited incidents that have happened recently involving her son and the Police Department and she asked for a one day session to meet with the City Manager, two Councilmembers, and representatives from the Police Department to discuss her concerns. Cm Kamena and Turner agreed to meet with Mrs. Parra and the other representatives mentioned, as requested. Mrs. Parra added that she is sure Cm Turner will become the Mayor of Livermore and she would suggest that he have some type of answering service so that people can get in touch with him at any tine. (Agenda Items) Marlin Ebert, 1447 Sunset Drive, the newly elected Councilmember, stated that he is disappointed that there are some very important issues on the agenda this evening, such as the bids for construc- tion of the City Administration Building. He was very vocal in his opposition to the cost of this building and it would seem that people agree with his position, as shown by the outcome of the election. CM-35-94 March 13, 1978 (re Agenda Items) Mr. Ebert stated that he is also concerned about the item concern- ing locations of supermarket~ and he feels this should not have been placed on the agenda this evening. Celia Baker, 541 Bell Avenue, stated that only 37% of the electorate voted during last week's election and this doesn't represent a big plurality for any candidate. The City Clerk mentioned that the items of concern were postponed to this meeting by the Council and the staff had no choice but to place them on the agenda. Mayor pro tern Kamena offered to call on Mr. Ebert at any time during the discussion of these items if he would go to the podium with his comments. In this way the Council could have the benefit of his opinions. (Complaint re Mud Hole on First St.) Dick Christmas, 394 Pearl Drive, stated that he is tired of looking at the mud hole in front of Safeway on the main drag through town and he would like something done about it. It is a breeding place for mosquitoes and he doesn't know why the City puts up with this. Dan Hanesworth from Southern Pacific Development, apologized for the mud hole. (Complaint re Search Warrant Procedure) Kay Parra stated that policemen came into her home looking for a stereo, size II shoes, and a gun but they were looking through her sugar bowl, jewelry box and a cigar box. She stated that a search should be confined to what they came to look for. She stated that this is one of the items she would like discussed and resolved when she meets with City representatives. CONTINUED DISCUSSION & PUBLIC HEARING RE CENTRAL AREA PLAN Mr. Nies was asked to explain why the P.C. had recommended that there be no supermarkets located in the downtown area and he stated that they felt this would help reduce the vehicle miles traveled downtown and that it would help retain the concept of supermarkets in neighborhood shopping centers. The staff recommended allowing the CUP for Lucky Store because they felt it is a general line type of store. They have applied for a CUP for location on Railroad and Livermore Avenue. Richard Elkus, P. O. Box 432, Redwood City, owner of the Vineyard Shopping Center, stated that they are prepared to spend $1 million on the Vineyard Shopping Center but if Lucky and Sprouse Reitz move out he will not be able to get tenants and the City will witness the shopping center's demise. He urged the Councilmembers to reconsider allowing supermarkets downtown. CH-35-95 Harch 13, 1978 (re Central Area Element - Supermarkets) Dick Christmas stated that the City spent about $4 million in relocating the tracks so that there could be shopping facilities in that area and he is in favor of allowing Lucky Stores to locate there and fill up the area with other competitive businesses. Dick Thompson, Real Eatate Manager for Lucky Stores, 1701 Marina Boulevard, San Leandro, stated that Mr. Elkus has been a fine landlord and everything he has said is true, and that he would like to rebuild the Vineyard Shopping Center. However, any plans for Lucky in the Vineyard Shopping Center are very short range plans. There is not sufficient buying potential in the shopping center to justify staying there for an indefinite period of time. Unfortunately, Lucky Stores is going through the same scenerio in other cities, and they did a similar study for their store in the Granada Shopping Center. They are doing a high volume of business in the Granada Shopping Center and it does have a potential for remodeling. He added that he has the greatest respect in the world for Mr. Elkus and he is sorry they represent diverse views. Mike Burger, l022 Sherry Way, stated that if the City wishes to increase the amount of money generated in Livermore that the City needs to allow Lucky Stores to develop downtown. The City should not discourage any business, large or small, from locating down- town. Livermore has gained the reputation of an "anti business" community and the City should proceed cautiously in making eco- nomic decisions. Terry Fox, 2794 Tahoe Drive, stated that in order for a supermarket to develop in the downtown area they have to apply for a CUP, and the City reviews their plans for development, etc. Perhaps what Lucky Stores wishes to do isn't correct or maybe this is not the right store, but he feels the City shouldn't automatically say that Lucky Store should not be allowed, regardless of the cir- cumstances. Perhaps certain supermarkets should be allowed be- cause of well justified exceptions and that the City should use judgment for the benefit of the community in approving or denying a CUP. Jerry Wilverding, 4886 Primrose Lane, stated that he would sug- gest the Council accept the recommendation made by the P.C. He also feels that people drive to Safeway just to do their grocery shopping and do not necessarily use any of the other facilities located there. If the store were located in a neighborhood shopping center housewives would not be driving into town. In his opinion one of the other types of anchor stores can be developed with 'sa:'telliteshdpping facilities and the City should keep the supermarkets out. Dan Hanesworth, representing S.P. Development, stated that there are only 4-5 options available in terms of anchor tenants and in this particular situation they are trying to preserve the super- block for a junior department store. This eliminates one option and all of the other options, excluding supermarkets, would not be economically feasible. The only alternative in this area would be the supermarket. David Eller, 3797 Oregon Way, stated that at one time Russell's and Purity were located on that block but left Livermore be- cause they couldn't make it in that location. In talking to a man who used to locate markets, he indicated that the location of Lucky's in the area would be sure death for Alpha Beta and the Country Market. -- CM-35-96 Marcn 13, 1978 (re Central Area Element - Supermarkets) Mr. Eller added that S.P. has some financial interest in the Safeway Store and the Lucky Store and it would be to their advantage to have them on their property rather than in another shopping center and that anyone who received money from S.P. during their campaign should not vote on this issue this evening. Terry Fox stated that if his understanding is correct, the Council is not discussing whether or not Lucky should be allowed to move to downton, but rather whether or not supermarkets should be allowed in the downtown area. The item of whether or not Lucky should be granted a CUP is entirely a different matter. He would reiterate that he feels the City should keep the flexibility in allowing super- markets to locate there even if they decide to reject some of the applications. David Eller stated that he would like to know from S.P. if they are agreeable to the recommendations of the Design Review Committee concerning architectural recommendations. Mr. Hanesworth stated that S.P. has been reviewing those types of items mentioned by the Design Review Committee and they would try to develop a style that wwould be compatible with the other buildings in that area of town, such as the railroad station. Gurnam Sidhu, 1533 Vancouver Way, stated that if Lucky Store moves from the Vineyard Shopping Center it would be a great loss to the residents of that side of town. He would hope that it not be per- mitted downtown and that the shopping center is revitalized and not allowed to decay. He cannot agree that they are not doing high volume business because the newspaper reported that the volume is higher than at the Granada Lucky Store. Mr. Thompson, stated that the figures show a higher percentage than at the Granada store, but this is misleading. He explained that the dollar volume is greater in the Vineyard Shopping Center but they are starting at a very low base. CM DAHLBACKA MOVED TO CLOSE THE PUBLIC HEARING, WHICH DID NOT RECEIVE A SECOND. CM TURNER MOVED TO CONTINUE THIS ITEM UNTIL MARCH 20, SECONDED BY CM DAHLBACKA. It was suggested that rather than to continue this matter until Mr. Ebert is seated on the Council, perhaps he could make his comments this evening and the Council could be spared repetitious public testimony. Mr. Ebert stated that the point is that the City should stimulate profitable business in the downtown area and that Lucky Store will pullout of any shopping center if sufficient profit is not being realized. CM TURNER CALLED FOR THE QUESTION AND MOTION PASSED BY UNANIMOUS VOTE. RECESS Mayor pro tern Kamena called for a brief recess after which the Council meeting resumed with those members present as during roll call. CM-35-97 March 13, 1978 MOTION TO REORDER AGENDA ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE AGENDA WAS REORDERED ALLOWING DISCUSSION OF THOSE ITEMS OF INTEREST TO MEMBERS OF THE AUDIENCE TAKING PRECEDENCE. REPORT RE CUP FOR YOUTH CENTER ON RINCON AVENUE The Planning Commission reported that in reviewing the CUP appli- cation for a Youth Center to be located in the Rincon Shopping Center by Ray and Pat Lakin, it recommends denial of the CUP based on the policy that neighborhood centers have been designed to provide services for one or more neighborhoods of which they are a part. The proposed use would serve the entire community. There was also concern that there is the potential for late even- ing activity that might have a detrimental affect on adjacent residential properties. Hugh Walker, attorney representing the Lakins, stated that with respect to the reasons the P.C. denied the application, he would like to note that the fire station located on the corner in the area, the service station. the Grecian Health Spa, and the bar and restaurant all service more than just the neighborhood area. The Lakins are proposing a teen center that would serve only mem- bers, and the center is endorsed by both student bodies of Granada High School and Livermore High School, the ages that will be served. Various locations in the City were considered and this particular location is well located for use by teens. People have a ten- dency to drive more cautiously in town than on roads that are away from the center of town and in an area that is not well lit. Also, the Lakins could not find a building in town large enough to accommodate the proposed use and parking that will be needed, other than in the Rincon Shopping Center. It is the intent of the Lakins to provide a place for teens to meet with their friends in a controlled environment. If anyone leaves the building they will be charged an admission fee each time they return, to help eliminate running in and out of the building. They also intend to form an advisory committee with representatives from each High School to coordinate ideas and to publish a news letter relating to various items of interest to youths. In discussing the item with Mr. Walker, the following points were noted: 1) none of the merchants in the center have objected to the proposed use; 2) the Lakins would not object to annual review of the permit if the Council feels this is necessary; and 3) the hours the Center would be open would be up until 11:00 p.m. during weekdays and 1:00 a.M. on Friday and Saturday night; 4) The Rancher is opened until 2:00 a.m. every day. The City Attorney commented that if a condition is attached to the CUP and is not met, the permit could be revoked at any time. Kay Parra, 819 Brennan Way, stated that she helped circulate a petition asking if people support this type of facility and citizens feel that this is one of the best ideas ever proposed. She circulated a petition among the merchants on First Street, and everyone of them signed it. They want teens off First Street. -- CM-35-98 March 13, 1978 (re Youth Center) CM STALEY MOVED TO APPROVE THE CUP ON THE BASIS THAT THERE ARE OTHER COMMUNITY-WIDE USES IN THE RINCON SHOPPING CENTER AND BE- CAUSE THE P.C. HAS RECO~MENDED APPROVAL OF A FURNITURE STORE IN THE CENTER WHICH WOULD ALSO BE A COMMUNITY-WIDE USE. MOTION SECONDED BY MAYOR PRO TEM KAMENA. Other points mentioned in support of the CUP application were as follows: 1) the potential exists that the late evening activity would have a detrimental affect on the residential area but the bar has a dancing facility and is open until 2:00 a.m.; 2) there is a fire station in the area; 3) the residents back onto the major street; and 4) people who live near a shopping center generally expect a certain amount of noise problems. CM STALEY INCLUDED IN THE MOTION THAT THE CUP BE CONDITIONED UPON A ONE YEAR REVIEW AND THEN AT THAT TIME DECIDE ON THE NEED FOR SUBSEQUENT REVIEWS, SECONDED BY MAYOR PRO TEM KAMENA. Other points raised were: 1) LAPRD allows dancing at the Recrea- tion Center on 8th and "H" Street which is in the middle of a residential neighborhood, and 2) alcohol is permitted at that facility and if anything could create a problem this could, but it hasn't. 3) The second public facility of this nature is the Veterans' Administration Hall on "L" Street which is in a residen- tial neighborhood, has dancing, and also has inadequate parking. 4) There is a public need for this type of activity for teens. 5) The Rincon Center has long been recognized as a center other than a neighborhood center. ern Dahlbacka stated that while he believes there is a need for this type of center in Livermore he feels that it is the responsiblity of the City to approve a center that will be successful and not detrimental to the neighborhood. In his opinion the downtown area is a much better proximity to both high schools than the Rincon Shopping Center, and it is not in a residential area. Cm Turner expressed concern that the P.C. has made conflicting recommendations; i.e. to approve the furniture store which is a community-wide use, and to deny the CUP for the teen center be- cause it is a community-wide use. He added that the City made a commitment some time ago to allow about any type of service to locate in the Rincon Shopping Center and it has not been restricted to the neighborhood type facilities. He was also concerned about the proposed hours and he felt this should be discussed. Mr. Nies commented that ~he residents within 300 ft. of the area were contacted and there were only two objections voiced. ern Kamena agreed that a precident for allowing city-wide uses has been set, and he would agree with the motion. Ann Griffith, l287 Lakehurst Road, stated that she would obj~ct to restricting the hours as she determines what time her children will be home - not the time a place closes. There is absolutely no place for youths to go in this town because the bowling alley if filled with leagues and the same movie has been showing for six months. She knows the Lakins and she is sure that they can operate a center that would be very respectable. It was explained that the City is not concerned with the hours proposed as a means of curfew for youths but rather a means of trying to protect the tranquility of the residential neighborhood. Mr. Walker stated that he feels the hours should be left to the judgment of the Lakins. They may decide to close at 11:00, 12:00, or 1:00, but this should be the decision of the owners. When the CM-35-99 March 13, 1978 (re Youth Center) establishment does open the City will find that it is anything but rowdy and there shouldn't be concern that this will be an opera- tion that will in any way be disruptive to the residents. CM TURNER AMENDED THE MOTION TO STATE THAT THE CUP WILL BE CONDITIONED TO STATE THAT THE FACILITY WILL CLOSE AT 11:00 P.M. ON WEEKDAYS AND AT 1:00 A.M. ON FRIDAY AND SATURDAY NIGHTS. AMENDMENT SECONDED ,~. BY CM STALEY. Cm Kamena stated that he cannot support the amendment because there may be other days the owners may want to operate the center later than 11:00 during the week or other times because of a holiday or a special event. It was suggested that perhaps the item should again be discussed by the P.C., as the Council cannot accept the findings made by them for denying the CUP. There was no support for referring the item back to the P.C. The City Attorney commented that regardless of what procedure is followed, they will be required to meet specific building codes, etc. AMENDMENT FAILED 3-1 (Cm Kamena, Turner and Staley dissenting). Councilmembers agreed that the arguments presented against the City's setting hours were valid. MAIN MOTION PASSED 3-1 (Cm Dahlbacka dissenting) . P.C. REPORT RE CUP PERMIT - FURNITURE FACTORY (Rincon) The Council reviewed the Planning Commission report and recom- mendation concerning the CUP application to allow The Furniture Factory to locate in the Rincon Shopping Center. The Planning Commission recommends approval of the CUP based on the fact that the shopping center has a high vacancy problem and previous sizing has created special circumstances applicable to this center which are not applicable to other shopping centers. CM STALEY MOVED TO ADOPT THE RECOMMENDATION OF THE P.C., BASED ON THEIR FINDINGS. MOTION SECONDED BY CM DAHLBACKA, WHICH PASSED BY UNANIMOUS VOTE. (Cm Turner abstained.) COMMUNICATION RE FUNDING FOR INTER-ACT The Council received a request from INTER-ACT to support the concept of an economically integrated Headstart program that makes use of community services available for all children. Council expressed non-financial support. CONTINUED DISCUSSION RE CUP FOR GARDEN CENTER ON STANLEY Mayor pro tem Kamena stated that at the time this item was con- tinued there was a motion on the floor. The City Clerk did not have a copy of the motion as she did not attend that meeting and Mayor pro tem Kamena asked for a motion rescinding all previous motions on the item. CM-35-l00 March 13, 1978 (re CUP - Navlets) ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, ALL MOTIONS PREVIOUSLY STATED ON THIS ITEM ARE RESCINDED. It was mentioned that it was Cm Staley who had appealed the P.C. recommendation for approval of the CUP, and the Councilmembers felt he should be present at the time a decision is made. At this particular time, the main point of concern is whether or not the applicant will be allowed access from Stanley Boulevard. It was noted that the other items mentioned were not substantial and could easily be resolved. It was the general consensus of this Council that the applicant will not be required to provide pedestrian access on the east side of the property and that there will be appropriate mounding/landscaping or a City approved fence will be required along the Stanley Boulevard frontage, to be determined at plan check stage. Mayor pro tem Kamena explained that the reason the Council agreed to not requiring pedestrian access from Albert Way was because this is the area in which their inventory will be located and the Council and applicant felt it would not be necessary for people to be in that area. In response to various questions, the Planning Director made the fOllowing observations: 1) the speed limit along Stanley Boulevard in the area where the driveways are proposed is 55 mph: 2) there two lanes of traffic in the easterly direction on Stanley: and 3) there are driveways for direct access along Stanley Boulevard for other businesses. Mr. Lee explained that if there is to be a driveway from Stanley, the safest means of entrance and exit would be the provision of an acceleration/deceleration lane. This would help provide safety for bike riders as well as motorists. The staff was asked if there is more potential for rear end accidents if motorists exit from Stanley than if they exit from Murdell Lane, and Bob Lee, the Traffic Engineer, stated that it would be relatively safe to move into the deQeleration lane. Mr. Lee added that the deceleration lane is considered safe, based on a 35 mph speed limit. The City is assuming that sometime in the future the speeds can be reduced to 35-40 mph, particularaly if further development occurs along that area. In any case it will not be as safe as an entrance from Murdell. Discussion followed concerning ingress/egress from Stanley and it was suggested that perhaps a reasonable solution would be to allow entrance from Stanley but people would have to exit onto Murdell. The staff felt this would be a suitable solution to the safety problem but it would be difficult to enforce. CM TURNER MOVED THAT THE COUNCIL APPROVE THE REQUEST FOR ENTRANCE/ EXIT FROM STANLEY BOULEVARD, SUBJECT TO THE STACKING LAN.ES AS DESIGNED BY PUBLIC WORKS, AND THAT THE DRIVEWAY IS LOCATED AT A PROPER DISTANCE FROM MURDELL SO AS TO PROVIDE SUFFICIENT ROOM FOR THE STACKING LANE. MOTION SECONDED BY MAYOR PRO TEM KAMENA. Discussion followed concerning the length of the deceleration stacking lane and the width of driveway, and safety provisions for the area. Jim Hannon, 309 Pearl Drive, stated that the speed in that area is fast, there are four lanes of traffic in that particular area as well as a bike lane, and when coming from Murdell it is CM-35-l0l March 13, 1978 (re CUP - Navlets) difficult to see cars approaching. He felt that to add a drive- way to an already hazardous area would be a mistake. Anyone turn- ing from Murdell onto Stanley find that cars are all traveling at a very fast pace but if a deceleration is allowed along Stanley it will mean that cars are going fast and some will be decelerat- ing to make a turn. He feels that having to deal with cars at two different types of speed would be more hazardous. He also felt people would be making premature turning signals that would be confusing to people exiting from Murdell. Mr. Hannon felt that the turning lane would serve a very few, as most of the people who wish to visit the nursery will know ahead of time that they will be going and it won't be a probe 1m for them to turn onto Murdell and then into the nursery. Mr. Christmas, Pearl Drive, stated that the intersection of Murdell and Stanley is very hazardous because of the speeding cars and the two-way bike traffic on the east side. He would suggest that the City install a stop sign at that street for the bicyclists and maybe this would help alleviate some of the safety hazards. The City should also work to get the speed limit reduced. Marguaret McClelland, 440 Tyler Avenue, speaking as President of the League of Women Voters, expressed concern for the proposed access from Stanley Boulevard because Stanley is heavily traveled at high speed, drivers slowing down to enter the center will slow down and will cause traffic congestion, and drivers will have to cross a two-way bike path in entering and leaving the site from Stanley. People have seen what has happened with traffic conges- tion and other problems with the Safeway parking lot and heavily traveled "P" Street and the League would urge that the City not repeat this error in a 50 mph zone. Greg Davis, Ontario Drive, stated that statistics concerning the number of accidents on two-way bike paths and the hazards in general show that these types of paths are not safe. It would be very dangerous to allow cars to have access into the shopping center from Stanley Boulevard. A bicycle count conducted by one of the bike groups shows that 200 bicycles travel that bike path daily and this will increase during the summer months with people riding to Shadowcliff. Don Patterson, 757 Avalon Way, stated that he has expressed oppo- sition to bike paths in the past as he feels they are hazardous and that it is better for bikes to travel with the street traffic. The bike path is already substandard and the City will be making it further substandard if access is allowed to the shopping center from Stanley Boulevard. He pointed out that bike riders will be coming from a direction the driver doesn't expect and this is particularly hazardous for the bike rider. Gary Tompkins, Onyx, stated that he feels one of the main prob- lems in allowing access from Stanley is that motorists will be prematurely making right turn signals before they get to Murdell, in anticipation of the deceleration lane. The safest compromise would be to require everyone to turn onto Murdell Lane and then into the shopping center from Murdell. Marlin Ebert, stated that he uses Murdell Avenue a number of times each week and his opinion of that intersection is that it is very dangerous. He would definitely be opposed to the driveway on Stanley Boulevard. Drivers making an exit from Murdell look for pedestrians coming from the east and then for vehicles approaching from the west and then pullout into the street - they don't look again to the east to see if a bike rider is approaching and bicycles can easily travel at 15 mph and up to 20 mph or more. Motorists do not realize the speed of a bicycle CM-35-l02 March 13, 1978 (re CUP - Navlets) ..,:O::!:~::::::~::::::::~:=:::8:::::::~:~~ . - 1 ~n,::> wi 11 h,:, wnrri,:,rt abo'lt 'Jet:'tiRg hit: by ano~her "Johielc from -sehiRe ane 'they will nQ~ Be g9ReeRtra~ift~ on an} bike riders ~ha~ _mi qh+- he. ; ~ 'the bike pa~lh He attended a conference in San Francisco for reviewing criteria for bicyclists and this information will be available in June. This situation violates their criteria for a bike path. Mike Kelly, 870 South "G", stated that he will be the manager of the nursery proposed and he is looking forward to being able to ride a bicycle to work. em Dahlbacka stated that he feels the Council received excellent testimony this evening from people who thought out some of the problems relating to that intersection and the staff had enough foresight to acquire a no access strip along that property to prevent the type of problems being discussed. The City has had an example of the tragedy that happens when high speed vehicle traffic is combined with a poorly designed intersection, such as was the case at Vancouver and Holmes Street. The Council is respon- sible for protecting the safety of the citizens and he, for one, cannot justify approving something that would put Livermore's citizens in jeopardy. Brad Hirst stated that he resents the implication that they are not concerned about safety in that area because it was their firm that brought up the issue of that being an unsafe intersection and did a study of the area from a safety standpoint. They feel that what they are now proposing will provide for a safer exit from Stanley than now exists for the Murdell exit. They have been working with the county to get the speed reduced and they know that a two-way bike path is a problem. Don Patterson, stated that he feels no one is questioning the good intention of the applicant but there is a question of the amount of safety the proposed design would provide for motorists and bicyclists. Mr. Hirst suggested that perhaps the applicant could work with the staff to determine if the problem concerning the driveway could be worked out and they will come back to the Council with a design and deceleration lane proposal. Mr. Hirst added that the applicant has offered to pay for the cost of designing a traffic light for that intersection if this would help. Of course they have no idea when the signal could be installed. em Kamena asked if the applicant would be willing to indemnify the City relative to liability concerning the design and Mr. Hirst stated that he feels nobody can really indemnify anyone anymore, but this would really be something the applicant's attorney would have to respond to. Dick Rodrigues, stated that this does violate a state standard which is about to be processed. There would be liability if there was an accident. At this point he doesn't know the legal ramifications of it but it does violate state standards for bike paths. He explained that the entrance would violate the new state standards, which require that there be minimized traffic across bike paths. The City Attorney explained that most liability questions in the design field are taken care of by design immunity but the policy issue is safety and that is really the only one of concern to the policy makers. The liability questions are secondary, particularly when you are discussing design. CM-35-103 March 13, 1978 (re CUP - Navlets) The comment was made that with respect to the concern over premature turning signals being made, it would seem that if the driveway ,were as far east of Murdell as possible, this would help eliminate signals being turned on prior to the Murdell approach. ' Mr. Hirst stated that he would like to point out that development proposed would probably generate the least amount of traffic of anything that could be proposed for that area. In discussing the traffic light for that intersection, Mr. Lee estimated that the light would cost about $60,000 and it is not very high on the City's priority list, concerning location. -. With respect to the speed in the area, Mr. Lee stated that it has been set at the 85 percentile speed, which shows 50-55 mph. He doubts that the court would enforce a lower speed than what the 85 percentile indicates, even if tickets were given for a lowe~ posted speed. MOTION WITHDRAWN. CM DAHLBACKA MOVED TO ADOPT THE P.C. RECOMMENDATION, WITH THE EXCEPTION OF *9 WHICH PROVIDED FOR A PEDESTRIAN WALKWAY, AND TO ALLOW A FENCE OR APPROPRIATE SUBSTITUTE MOUNDING AND LAND- SCAPING WHICH CAN BE DETERMINED BY THE STAFF AND FUTURE COUNCI~ REVIEW, AND THAT BUILDING MUST COMMENCE BY JUNE 30, OR WHEN THE CEASE AND DESIST ORDER IS LIFTED. MOTION SECONDED BY CM TURNER. Mr. Nies commented that if the City does not approve access at this time and it is to be considered later, it would mean an amended CUP procedure. CM STALEY MOVED TO AMEND THE MOTION TO STATE THAT WHILE APPROV. ING THE CUP THE QUESTION OF ACCESS WILL BE LEFT OPEN FOR A SUIT- ABLE RECOMMENDATION BY THE STAFF FOR RECONSIDERATION BY THE COUNCIL. AMENDMENT SECONDED BY CM TURNER. The City Attorney commented that, technically, any change in the CUP would be an amendment and would have to be done according to the procedures established for amendment. AMENDMENT RESTATED TO TABLE THE ITEM RELATIVE TO ACCESS, SECONDED BY CM TURNER. AMENDMENT PASSED 3-1 (Cm Dahlbacka abstaining, as he felt the whole issue should be voted on.) MAIN MOTION PASSED BY UNANIMOUS VOTE. REPORT RE CITY LIABILITY INSURANCE Gene Morgan, the City's Insurance Broker, reported on liability insurance coverage for the City.. He indicated that all of the material that should be reviewed by the Council is not ready and he will be reporting back to the Council on the two types of coverage being considered. After review of the information he will be able to make a recommendation to the Council but he feels there is a good possibility the Council will have to consider a deductable of a reasonable size, in the order of $50,000-$75,000 for the liability section. The item will be discussed at the next Council meeting. ~ CM-35-l04 March 13, 1978 REPORT RE PUBLIC TRANSIT NAMING CONTEST The Assistant to the City Manager reported that the Transportation Advisory Committee has developed contest plans to allow the public to assist in naming the Livermore Transit System and developing a logo for its promotion. It is recommended that the Council adopt a motion authorizing conduct of this contest. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE RECOMMENDATION WAS ADOPTED. CONSENT CALENDAR Reso. - Budget Amend. for Recycling Program The Council adopted a resolution authorizing a budgetary amendment for the start up of the Recycling Program, as discussed and approved at the last Council meeting. RESOLUTION NO. 58-78 A RESOLUTION APPROVING BUDGET AMENDMENT (Recycling Program) Departmental Reports The following departmental reports were submitted for informational purposes: Building Inspection - February Activity Fire Department - Fourth Quarter & Annual Library - October/December Livermore Police Department - January Summary of Action P.C. Meeting - 3/7/78 The Summary of Action from the Planning Commission meeting of March 7, 1978, was noted for filing. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. MOTION TO CONTINUE ALL AGENDA ITEMS ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, ALL REMAINING AGENDA ITEMS WILL BE CONTINUED TO THE NEXT COUNCIL MEETING.. CM-35-l05 March 13, 1978 MATTERS INITIATED BY THE STAFF (Reso. re Greenville Swim Club) The City Attorney asked that the Council adopt an urgency reso- lution declaring the Greenville Swim Club to be a public nuisance and to order abatement, based on previous proceedings. ~ Mr. Reiners stated that notices were sent and the matter was posted in 1976 and this will give the City the opportunity to attempt, at some future time, to recover the cost of building the fence. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED. RESOLUTION NO. 59-78 A RESOLUTION DECLARING GREENVILLE NORTH SWIM CLUB A PUBLIC NUISANCE MATTERS INITIATED BY THE COUNCIL (Oppose AB 2373) Cm Dahlbacka asked that the Council oppose AB 2373 which would set up a statewide review of local energy conservation measures and he feels this is a layer of administration that isn't needed. Council concurred. It was mentioned that this item just came out in the League Bul,letin and they oppose the measure. It might be worthwhile to refer the matter to the Energy COnservation Committee for their input. Item will be referred to the Energy Conservation Committee. (Power of Initiative re Joint Power Agencies) Cm Dahlbacka asked that the Council discuss in the future, the power of initiative for joint power agencies. ADJOURNMENT There being no further disucssion, the Council meeting was adjourned at 12:40 a.m. to an 8: eting, March 14, 1978, at 39 South Livermore Avenue, . the Counci Chambers, to canvass the electlon results. '---- ~~'. APPROVE _ __ "---"'- 'ZJ Mayor ATTEST --,' CM-35-106 ADJOURNED REGULAR MEETING OF MARCH 14, 1978 An adjourned regular meeting of the City Council of the City of Livermore was held on Tuesday, March 14, 1978, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:05 p.m. with Mayor Tirsell presiding. ROLL CALL Present: Cm Dahlbacka, Kamena, Turner, Staley and Mayor Tirsell Absent: None PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. CANVASS OF RETURNS MUNICIPAL ELECTION MARCH 7, 1978 The City Clerk reported the outcome of the election held on March 7, 1978, and certified that it was correct. There were 8,086 votes cast and the three persons elected were Marlin J. Ebert, John F. Staley and Dale Turner, all for a full term of four years. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE RESOLUTION ACCEPTING THE CANVASS WAS ADOPTED. RESOLUTION NO. 60-78 RESOLUTION ACCEPTING CANVASS OF VOTES AT THE GENERAL MUNICIPAL ELECTION OF MARCH 7, 1978 WHEREAS, a general municipal election was held and conducted in the City of Livermore,on Tuesday, the 7th day of March, 1978, as required by law: and WHEREAS, it appears that notice of said election was duly and legally given, that voting precincts were property 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 14th day of March, 1978, to receive the canvass of the returns of said election from the City Clerk and install the newly elected officers, and having can- vassed said returns, the Council finds that the number of votes cast, the names of the persons voted for, and other matters re- quired by law to be hereinafter stated. NOW THEREFORE, BE IT RESOLVED, DETERMINED AND DECLARED AS FOLLOWS: That said regular general municipal election was held and conducted in the City of Livermore on Tuesday, the 7th of March, 1978, in time, form and manner as required by law: and CM-35-107 March 14, 1978 (Canvass of Returns - March 7, 1978) BE IT FURTHER RESOLVED, DETERMINED AND DECLARED THAT there were twenty-four (24) 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 Livermore was 8,086, and -" BE IT FURTHER RESOLVED, DETERMINED AND DECLARED that the names of the persons voted for, the offices for which they were voted, together with the whole number of votes which they received in the entire City of Livermore, are also shown on the attached, marked Exhibit "A". BE IT FURTHER RESOLVED, DETERMINED AND DECLARED, that at the said general municipal election held in said City on Tuesday, the 7th day of March, 1978, the following persons were elected to the respective offices for the terms stated and until their succes- sors are duly elected and qualified, as follows: MARLIN J. EBERT was elected Councilman for the full term of four years: JOHN F. STALEY was elected Councilman for the full term of four years: DALE TURNER was elected Councilman for the full term of four years: and BE IT FURTHER RESOLVED, DETERMINED AND DECLARED that at the said general municipal election held in said City on Tuesday, the 7th day of March, 1978, Measure "A" was adopted having received the majority of votes cast on said proposition, and Measure "B", two year term, was adopted receiving a majority of votes cast on said proposition: the full text of said measures is shown on the attached, marked Exhibit liB" . BE IT FURTHER RESOLVED, DETERMINED AND DECLARED THAT THE Clerk shall enter on the records of this Council a statement of the result of the said election showing: 1. The whole number of votes cast in the City of Livermore: 2. The names of the persons voted for: 3. For what office each person was voted: 4. The propositions that were voted upon: 5. The number of votes given at each precinct to each person and to each measure: and 6. The number of votes given in the City to each person and each measure~ BE IT FURTHER RESOLVED, DETERMINED AND DECLARED that the City Clerk shall immediately make and deliver to each of such persons elected a certificate of election, signed by her and duly authenticated: she shall also impsoe the constitutional oath of office, whereupon they shall be inducted into their respective offices to which they have been elected. - CM-35-108 STATEMENT OF ALL VOTES CAST AT THE GENERAL MUNICIPAL ELECTION HELD MARCH 7, 197 8 IN CITY OF LIVERMORE STATE OF CALIFORNIA 1 EXHIBIT "A" 1 STATEMENT OF ALL VOTES CAST AT THE X ::1 +l ~ ril8 0 >1 ..c: l-4 l-4 (]) 8U Iil (]) '"d (]) (]) Ul O:Z; ...-l .~ ,.Q !:: l-4 ELECTION :>H (]) ctl (I) ril l-4 .~ PRECINCTS U u +l ::1 {:-; ~~ s:: (I) S s:: {:-; (]) ctl .~ s:: 8il.l l-4 !:: s:: ...-l (]) (]) 0 l-4 ..c: l-4 l-4 ...-l ...-l 8~ ~ 0 .::1 ctl ctl (]) 1-:l CJ 00-' Q ::r:; ~ Fire House, 1389 ~I- 234 77 59 71 108 105 52 Bluebell, 1 Springtovm Rec. Center 2 340 75 83 101 179 192 94 Garage, 1396 Juliet Ct. 3 160 32 80 46 41 7S RS Arroyo Seco School 4 417 75 131 124 1h2 ?i4 1 h () East Avenue School 5 474 69 205 205 1h8 ?()R 2 () 1 Jackson Ave. School 6 393 78 169 127 132 198 175 Lut.heran Parish Hall 7 439 99 123 140 190 210 126 Fifth St. School 8 464 112 162 95 217 267 132 . . County Fire House .9 315 76 105 84 130 161 . 104 Emma C. Smith School 10 291 86 98 98 108 138 105 . Garage, 241 Garnet Dr. 11 288 75 94 70 110 148 102 .- Sonoma Ave. School 12 352 111 86 92 154 186 96 - Joe Michell School 13 319 89 101 93 116 179 86 Fire House #4 14 286 62 117 93 122 166 113 -. Mendenhall School 15 324 77 122 75 138 176 125 Sunset East School 1 h 333 78 102 123 126 193 107 Garage, 1315 Lexington 17 375 101 134 109 149 191 132 Garage, 1137 Essex 18 424 84 148 158 184 190 128 Sun Va11ev Mobile Est. 1q 234 63 62 68 82 112 57 .------ Rancho Las positas Sch. 2() 300 83 83 88 125 151 67 --~--_.. -....-..-- . Marylin Ave. School 21 240 66 58 65 100 93 65 ,~,.._._---' .-.- Rincon Ave. School 22 311 66 88 82 147 148 69 "-.------ ,'.-...-. "., Junction Ave. School 23 216 72 44 46 83 102 43 ---,----- _..---- --- porto1a School 24 415 91 131 106 160 213 136 ---- 142 36 42 38 60 73 44 Absentee Voters TOTALS 8086 1933 2627 2397 3291 4109 2604 GENERAL MUNICIPAL ELECTION HELD MARCH 7, 1978 , . Ul ~ @' '"d Ul ~ ~ 0 -..-I ~ (J) 0 (J) r-i MEASURE MEASURE ~ ~ r-i r-i -..-I ~ J:il "A" "B" '"d +J -..-I ~ ~ '"d :> (J) -..-I - m ,Q H :> Cl r~ .92 ~. Yes No ,2 Yr 4Yr. TT_l 43 65 68 9 167 50 183 22 2 35 84 113 4 . 213 96 222 37 3 28 23 19 7 74 81 116 10 4 48 69 99 17 246 157 293 52 5 52 58 76 16 225 229 288 56 6 40 60 83 8 190 193 258 52 - 7 69 115 123 4 274 146 298 47 -- 8 57 116 103 2 293 154 303 54 --_... 9 32 74 82 7 168 117 206 34 10 36 52 59 9 173 105 197 35 11 53 67 73 9 181 92 198 37 -- 12 68 86 92 10 257 89 276 26 13 45 66 80 8 213 90 . 230 35 ~~- I I 14 22 37 54 6 156 118 182 42 I . , , 15 44 60 56 3 . 192 116 239 33 f-- 16 37 76 70 6 224 97 243 46 . 17 31 69 84 5 226 139 264 42 . 18 50 105 127 9 253 160 276 56 .-- 19 53 64 76 2 177 41 171 28 20 56 90 84 9 210 81 232 21 ,---- . . 21 51 90 77 6 163 68 169 41 , 22 61 82 104 10 217 82 237 23 23 43 81 72 6 173 34 150 38 24 63 96 109 10 238 156 292 32 15 33 49 4 87 50 98 16 -. - 1132 1818 2032 186 4990 2741 5621 915, March 14, 1978 MEASURE "A" Shall the electors elect a mayor and four City Councilmembers? MEASURE "B" Shall the term of office of such mayor be two years? OR Shall the term of office of such mayor be four years? .-. -~ March 14, 1978 EXPRESSION OF THANKS TO MAYOR Cm Dahlbacka expressed the Council's thanks to Mayor Tirsell for giving of her time and herself to the City during the years she has served on the Council. Mayor Tirsell stated that it has been an honor and a privilege to have served the City and that there is no shame in getting beat - the shame is in quitting. MOTION TO ADJOURN ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE MEETING WAS ADJOURNED SINE DIE AND MAYOR TIRSELL RECEIVED A STANDING OVATION. The City Clerk delivered certificates of election to the new Councilmembers, and administered the oath of office. RECALL TO ORDER The City Clerk called the meeting to order and asked for nomina- tions for the office of Mayor. CM DAHLBACKA MOVED TO NOMINATE DALE TURNER FOR THE OFFICE OF MAYOR, MOTION SECONDED BY CM STALEY, WHICH PASSED BY UNANIMOUS VOTE. NOMINATIONS - VICE MAYOR MAYOR TURNER TOOK THE CHAIR AT THIS TIME AND NOMINATED MARSHALL KAMENA TO SERVE AS VICE MAYOR. MOTION WAS SECONDED BY CM STALEY. There were no other nominations for Vice Mayor. BY ACCLAMATION CM KAMENA WAS DECLARED VICE MAYOR. MATTERS INITIATED BY THE COUNCILMEMBERS Mayor Turner welcomed Marlin Ebert to the Council and invited members of the Council to speak. Cm Staley stated that while filling the balance of Cm Pritchard's term he tried to balance the demands of today with the needs of tomorrow. We can't lose sight of the planning principles and of the necessary reserve that we must consider about our future needs. At the same time we can't lose sight of what we need today. Our demands for low cost housing for people who can't find shelter, our demands for moderate cost housing for those families that are attempting to start into the housing market, the needs of our community for industry, for commerce, the com- pletion of our park system, our city services, etc. CM-35-l09 March 14, 1978 Cm Staley added that he has tried over the past 2~ years to examine the choces available to us, as a City, to make the choices that were in the best interest of the citizens and he would hope to do that in the next four years. He stated that he would hope that those who "stayed" with him and those who are "stuck" with him would let him know if he fails in his duty. em Kamena stated that he came to the meeting this evening with mixed emotion but he decided that it was a happy occassion be- cause it is a happy occasion for the City of Livermore and for him because during the last 2~ years he has been able to acquire a foundation in City government with the assistance of this Council and with the generous assistance of Mayor Tirsell. He added that he would say to his good friend, Helen Tirsell, goodnight but not goodbye. He believes that the planning that has occurred during the last two years, during the time he has been directly involved, has now come to the point where we are able to go forward and implement what he believes to be grand designs that have been laid down by this Council and people asso- ciated with the City. Cm Kamena pledged his support to the new Mayor, as he richly deserves the seat and is enthusiastic. He will be the principle spokesperson for the City of Livermore, and he congratulated him most sincerely. He added that he feels this Council, tonight, brings more than a modicum of balance to the community and he is looking forward to working with this Council for the next two years. Cm Ebert stated that he believes a man is what he loves and what he believes to be true. If he stands on that truth he is a man. He believes the people of Livermore elected him to serve on that basis and the operative word is serve, and he plans to do exactly that. He thanked those who voted for him. Mayor Turner thanked those people who worked on his campaign and those who supported him during the election and the people of the community who have supported him. He added that he is comitted to the social needs of the City of Livermore, to the business state, and to putting a smile on Livermore's face. He views the Council as a fluid, well qualified body, who will work together. He stated that he would like to pay tribute to a fine lady who just left the Council, he has worked with her for six years and he will miss her. ATTEST 1 o 1/ ,- ~. ---WA k-J-rl ~. ~ .~ )( ~~, r\ ~ ~II -"J~"~&Q CJ.ty Cler ivermore, California APPROVE CM-35-ll0 Regular Meeting of March 20, 1978 A regular meeting of the Livermore City Council was held on March 20, 1978, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:05 p.m. with Mayor Turner presiding. ROLL CALL Present: Cm Ebert, Staley and Mayor Turner Absent: Cm Dahlbacka (seated during Open Forum) and Cm Kamena (seated after Pledge of Allegiance) PLEDGE OF ALLEGIANCE Mayor Turner led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. MINUTES ON MOTION OF CM KAMENA, SECONDED BY MAYOR TURNER AND BY UNANI- MOUS VOTE (Cm Staley and Ebert abstaining) THE MINUTES FOR THE t1EETING OF MARCH 6, 1978, WERE APPROVED AS SUBMITTED. OPEN FORUM (City Policy re Mandatory Retirement) Edward Quarterman, 2284 Evans, stated that his wife is the children's librarian and unless the City changes the age of retirement to conform to the state's, she will be required to retire on May 1. He stated that the reason he brings this to the Council is because when she told one of the children she would have to retire in May the child started crying. His wife is very responsive to the children and they do not want her to leave. It was the suggestion of the City Manager that Mr. Quarterman official- ly submit this item to the Council for review. At present the manda- tory age for retirement throughPERS regulations is 67 and the Council has the right to adopt an amending ordinance changing the contract with PERS to cancel this age limit. (March of Dimes) Gloria Jackson, representing the Alameda County March of Dimes, stated that on April 1, they are having their "super walk" in the Valley. People will walk one mile from the Fairgrounds to the Red Gable where they will receive a free champagne brunch. She stated that walkers will also receive a tee-shirt and compli- mentary tickets to various things. The March of Dimes will receive $100 for each person that walks and the money will go to help birth defects research. (Downtown Parking) Rich Buckley, 620 Hayes, representing the Downtown Property Owners Association, stated that they would like the Council to consider the status of Railroad Avenue and possible long term leasing for parking purposes, rather than condemnation of property. Cf4-35-ll1 March 20, 1978 (Fence Around Swim Club Property) Terry Fox, 2794 Tahoe Drive, thanked Mr. Reiners, the Council and the staff for the prompt construction of the fencing around the swim club property in the Greenville area. (Agenda Format) Terry Fox suggested that the items reported on by the City Manager be brought forward rather than left until last, on the agenda. He stated that he likes to hear what the City Manager has to say but he can't always attend the meeting until the end. It was suggested that rather than to determine if the item should be discussed by the Council soon, Cm Ebert should have a chance to work with the agenda for awhile before he is asked to vote on whether this item should be earlier on the agenda or last.. Cm Ebert indicated that he has been in favor of moving this item forward and he would so vote. The item will be discussed as an agenda item in about a month. (Voter Turnout) Jerry Wilverding, 4886 Primrose Lane, stated that he would also like to thank the Council for the fence around the swim club in the Greenville area. He added that during the recent election there was a 38% voter turnout, which also represents a 64% voter apathy. He feels the reason for apathy is that the voters have not really been invited to participate. He would encourage reordering of the agenda to allow the public to hear comments from the Council- members and the City staff. (Railroad Project) Mr. Wilverding stated that he would like a status report on the completion of the Railroad Relocation Project and a final report on what the citizens have invested in the project. The City Manager reported that all of the details are being gathered for submission of a request for supplemental payment. When this is accomplished the City will have a report on the total cost, but this will not reveal the amount of funds the state will reimburse in the supplemental appropriation. (Police Department Complaints) Kay Parra, 819 Brennan Way, stated that she has six new complaints to report about the Police Department. She noted that she will no longer report complaints to the Police Department but will deal only with the City Councilor the City Manager, directly. -. As far as the strip search procedure being used in Livermore, she contacted the San Jose, San Francisco, Oakland, Pleasanton, Modesto and Los Angeles Police Departments, and none of them follow this procedure for minors. CM-35-ll2 March 20, 1978 (Complaints - Police) Mayor Turner stated that this is something that is being investigated by the City Attorney and the matter will be discussed by the Council. (Late License penalty) Beverly Steele, 931 Ventura Avenue, stated that she and others would like to petition the Council to review the penalties placed on late applications for dog licenses. The penalty jumped from $2 last year to $10 this year, and they feel this is unfair. They would also like the Council to review opening the local pound that works at a profit rather than contracting with the County and at a deficit. Ms. Steele was asked to present her petition in writing for review by the Council and that the item of the pound will be discussed dur- ing budget session. ~J./~~l CONTINUED P.H. rIl ;Arnt n D, rDR. CENTRAL AREA ELEMENT Dick Elkus, owner of the Vineyard Shopping Center, stated that he has taken the liberty of writing a letter to each Councilmember which he read to the Council. The letter indicated that relative to consideration of allowing additional supermarkets in the central area of town, the P.C. has recommended approval of the Lucky Store because it is a general merchandise store. He feels it is predominately a market and allowing Lucky and other stores will add to the traffic problem and withdraw business from other established merchants both in the central and outlying districts. It has been mentioned that the Vineyard Shopping Center is in an area that doesn't realize growth yet this store's percentage of growth was greater than the Lucky store in Granada Shopping Center, which was built more recently. Testimony was presented by S.P. that Lucky would not be renewing its lease, under any circumstances, but a letter from Lucky Stores does not confirm this statement and Mr. Thompson testified at the last meeting that Lucky might extend the lease for another year or two. Mr. Elkus stated that he would agree that competition benefits the community but by the elimination of a proper market facility in the area served by the Vineyard Shopping Center and the other small stores, the City would be eliminating competition. Competi- tive neighborhood shopping areas serve the elderly to better ad- vantage, offer a facility for local pickup and often eliminate the need for mobile travel. Livermore has spent considerable funds to develop the Civic Center and the Vineyard Shopping Center parallels this development, and his selfish interest, fortunately, coincides with the best interest of the City of Livermore. Mr. Elkus stated that the point of his letter is that if the City is going to promote more grocery stores downtown the outer shop- ping centers will not be able to rebuild with a stable market. CM-35-1l3 March 20, 1978. (Central Area Element) Discussion followed concerning whether or not Lucky intends to stay in the Vineyard Center and !1r. Elkus pointed out that the point is not whether or not Lucky intends to move but rather whether or not any market should be allowed downtown. Bob McCowan, 714 Canterbury, stated that he appeared before the P.C. to express opposition to the proposal for supermarkets to develop downtown. He is a merchant in the Vineyard Shopping Center, he has been there a year, and he would like to see it grow. He stated that most of his customers are elderly people and they are opposed to the supermarkets developing downtown also because most of them walk to the store. He depends on Lucky to draw customers for his store and allowing supermarkets downtown will not ease congestion. -.' Milo Nordyke, 2143 Chateau Place, stated that he is speaking as a resident of the service area of the Vineyard Shopping Center and the Lucky Store. He would like to emphasize that this is not an issue of Lucky or not Lucky but rather an issue of neighborhood shopping centers and the philosophy of neighbor- hood shopping centers. If Lucky leaves another store will come in unless it is not profitable and in that case those who lose will be the residents being served by Lucky. Dick Thompson, 1701 Marina Blvd., San Leandro, representing Lucky Store, stated that it appears people believe that they will stay in the Vineyard Shopping Center if they are not allowed to build downtown. This is not true. It is a matter of when they will leave - not if they will leave. They defini- tely intend to relocate because the buying potential does not justify their existance in that location, regardless of whether or not the store is expanded or made new. They hope the Council will approve supermarkets in the downtown area but in any event Lucky will relocate and the decision by the Council is whether or not to allow any supermarket to build downtown. THERE BEING NO FURTHER TESTIMONY, ON MOTION OF eM STALEY, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. { CM STALEY MOVED TO ADOPT THE NEGATIVE DECLARATION POR 'fIlE ~li:N'I'R..'lI.. ARE11. BAE~4EU':l? FOR FILING WITH ALAMEDA COUNTY: AND TO AMEND THE ZONING ORDINANCE MAP AND TEXT IN ACCORDANCE WITH THE P.C. RECOMMENDATION, AS CONTAINED IN THEIR RESOLU- TION, WITH THE EXCEPTION OF ITEM 2. c) OF THE P.C. SUMMARY. MOTION SECONDED BY CM DAHLBACKA. It was noted that 2. c) excludes supermarkets in the IICG" and "CB" Districts. This would not be adopted as part of the motion. During the discussion Cm Dahlbacka noted that he would be adamantly opposed to a supermarket locating in the super- block and that many people feel the time and money spent on the railroad relocation might be lost to a string of supermarkets. He would like to see a junior department store develop in the area and he feels the City should try to pre- serve the land to obtain the type of development the City wants. There may be other locations downtown in which it would be suitable to allow development of supermarkets with the CUP procedure used. --,' CM-35-ll4 March 20, 1978 (Central Area Element) CM DAHLBACK OFFERED THE FOLLOWING WORDING AS AN AMENDMENT TO THE MAIN MOTION: UNDER SECTION 11.70 (CB DISTRICT) CONDITIONAL USE PERMIT IS REQUIRED FOR ANY OTHER USE WHICH IS NOT SPECIFICALLY PERMITTED IN THIS AREA. SUPERMARKETS WILL NOT BE CONSIDERED AS A LEAD ANCHOR TENANT IN THAT AREA BETWEEN "P" AND "L" AND THE RAILROAD TRACKS AND FIRST STREET. Cm Dahlbacka stated that the intent of the motion is that a su~ermarket cannot be the lead tenant in the "superblock" but rather a jun~or de- partment store, etc. would have to be the lead tenant and then a supermarket might also be allowed with a variance. AMENDMENT SECONDED BY CM STALEY FOR DISCUSSION PURPOSES. Discussion followed concerning the amendment and there was a question as to how a lead tenant might be defined - first one in, dollar volume, size? The City Attorney suggested that it might be more appropriate to make this type of amendment to the General Plan rather than the Zoning Ordinance. The Council can prepare a policy statement to control the placement of an anchor tenant to be included in the General Plan. Mr. Nies noted that the suggestion by Cm Dahlbacka hasn't been heard by the P.C. and they will be amending the General Plan probably in about three months. This might be an appropriate time for them to discuss this aspect of amendment. Cm Staley indicated that he would concur with the philosophy presented by Cm Dahlbacka and Cm Ebert also concurred; however, he felt the area between Railroad and First between "L" and Livermore should also be included as an area the supermarket should not be allowed as a major tenant. em Dahlbacka felt it would be appropriate to confine the amendment to the superblock to emphasize the City's intentions of getting a junior department store in that particular area. The real purpose of the relocation project was to centralize a certain type of development for the City. Cm Kamena felt it would not be fair to exclude any type of merchant from locating downtown as long as that business conforms to all of the City requirements for development. Free enterprise dictates, in general, that each person has a right to make a success of the business of his choosing. He could not support the amendment. He would also doubt that the City would receive a large number of applications from supermarkets to locate downtown, even if they are permitted. HOTION AND SECOND WITHDRAWN AS IT WAS DETERMINED THAT THE ITEM SHOULD BE REFERRED TO THE P.C. FOR ~MENDMENT TO THE GENERAL PLAN. Cm Staley explained that he does not agree with the P.C. recommenda- tion to exclude all supermarkets from downtown and this is the reason his motion was worded as noted. He feels it would not be in the City's best interest to exclude supermarkets from that area. With respect to the problems of the Vineyard Center, it is true that 1) Lucky does intend to move but not immediately, 2) the Civic Center is being developed which might help promote business for that area, and 3) some other type of use might help the Vineyard Center thrive, such as a co-op store which might be the type of store that would move into the Lucky facilities. CM-35-llS March 20, 1978 (Central Area Element) The purpose of a neighborhood center is to serve the neighborhood and a very large store can serve the whole City, which is what a large supermarket could do and should be allowed to locate down- town. Lastly, Cm Staley noted that it would seem that before a large tenant wishes to develop in the superblock there should be something anchoring the end of that area. There was discussion concerning the map and the designation on the General Plan amendment being inconsistent. The Planning Director stated that some of the properties were left as they are zoned and at any time they can ask for rezoning as it is shown on the General Plan. One of the properties mentioned was the Holdener property which is shown as CS Zoning on the General Plan but retains an OS-A designation. MOTION PASSED BY UNANIMOUS VOTE. RECESS Mayor Turner called for a brief recess after which the Council meeting resumed with all members of the Council present. PUBLIC HEARING RE LAND USE ELEMENT - GENERAL PLAN AMENDMENT A public hearing has been scheduled for amendment to the General Plan relative to Land Use Element, Circulation Element, Phase Development Boundaries, and Negative Declaration. Mayor Turner opened the public hearing and called for public testimony. Don Miller, 2862 Waverly, stated that in the amendments to the General Plan there questions of timing and the specific timing in the earlier version have been deleted in favor of vague times and no times at all. He feels there is merit in having specific dates which can always be amended. This would give everyone a better picture of what the time schedule is. Otherwise, he would concur with the proposed amendments. THERE BEING NO FURTHER TESTIMONY, ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. em Staley asked that rather than close the public hearing the item be postponed for a week, as he has not has sufficient time to review all elements proposed for change. Cm Dahlbacka stated that he believes the changes are minor and they merely bring the General Plan into conformance. This should be an item that would not be controversial. Cm Staley explained that he would feel more comfortable in voting on this item in another week but if the Council is ready to proceed he has no objection. It was mentioned that Mr. Miller has a good point in that the Council has set priorities on near term development, median term development and long term development and it may be that development may not be allowed in a certain area because it is not slated for development for another 12 years. Development will be looked at on the basis of its merit and some areas CM-35-ll6 March 20, 1978 (Land Use Element) with the highest priorities for development will not develop in 5 years when the mediam range comes up, as we see it now. This allows the City flexibility in handling peripheral development and allowing consideration of development plans when they wouldn't normally be considered. By allowing this flexibility and changing the dates should not jeopardize the growth rates or any of the other policies. eM DAHLBACKA MOVED TO ADOPT THE P.C. RECOMMENDATIONS AND ACCEPTING THE NEGATIVE DECLARATION, WITH DIRECTION TO THE STAFF TO PREPARE THE APPROPRIATE RESOLUTION. MOTION SECONDED BY CM KAMENA AND PASSED BY UNANIMOUS VOTE. PUBLIC HEARING RE ACQUISITION OF PROPERTY ALONG MEDEIROS PARKWAY A public hearing has been scheduled for receipt of public testimony concerning acquisition of property along the Medeiros Parkway 3.28 acres. The City Attorney commented that the Council has a copy of a proposed resolution authorizing condemnation of fee simple in the property acquired for completion of the Medeiros Parkway, as outlined in the map shown in the Council Chambers. The property runs easterly along Arroyo Road across the southern boundary of the property for- merly owned by the Pentecostal Bible College, now owned by Mr. Madis. The City Attorney responded to questions by the Council explaining that this property acquisition would complete the bike path along the arroyo and the completion is possible through the Tony Thomas Fund, as suggested by the Thomas family. Mr. Reiners also explained that the resolution contains four spe- cific findings that must be made by the Council and the resolution of necessity must be adopted by 2/3 majority. MAYOR TURNER OPENED THE PUBLIC HEARING FOR RECEIPT OF PUBLIC TESTIMONY CONCERNING THIS ITEM. David Madis, 1011 Geneva, stated that he has no objection to the completion of Medeiros Parkway and that, in fact, he would like the City to take immediate possession. He stated that if the City will be taking possession he would like to get it removed from his ownership on the tax roll and to let the City assume public liability of that area, as people do continue to ride bikes across the unpaved area. He and Earl Mason will be bringing a proposal to the City next week to dedicate this portion of property to the City in lieu of a park dedication requirement. Gurnam Sidhu, 1533 Vancouver Way, asked about the width of the Parkway, which Mr. Lee explained by illustrating the area on the map. THERE BEING NO FURTHER TESTIMONY, ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. CM DAHLBACKA MOVED TO ADOPT THE RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPLE ESTATE ON THE BASIS THAT l)THE PARKWAY IS A PLANNED USE, 2) ACQUISITION IS NECESSARY FOR USE BY THE PUBLIC, 3) IT MUST BE CM-35-ll7 l'1.arch 20, 1978 (Medeiros Parkway) ACQUIRED BECAUSE IT IS A PART OF THE MEDEIROS PARKWAY PROJECT AND IT IS COMPLETE ON BOTH SIDES OF THIS PARCEL AND 4} THE PROPERTY IS THE BEST USE FOR A BIKEl1AY AND PATHWAY IN THE COM!1UNITY BECAUSE IT IS ALONG THE ARROYO. rmTION SECONDED BY MAYOR TURNER. Cm Kamena wondered if adoption of a resolution at this point would affect the possibility of acquiring the property by dedication, as mentioned by Mr. Madis. The City Attorney indicated that this would be a resolution of necessity and the process would not be affected. MOTION PASSED BY UNANIMOUS VOTE. RESOLUTION NO. 72-78 A RESOLUTION DECLARING NECESSITY AND AUTHORIZING THE CONDEMNATION OF FEE SIMPLE ESTATE FOR A PUBLIC PARK AND RELATED PURPOSES OF 3.28 ACRES LOCATED AT THE SOUTH WESTERLY AND SOUTH EASTERLY CORNERS OF THE PENTECOSTAL CHURCH PROPERTY, AT "COLLEGE" AND "L" STREETS, CITY OF LIVERJ'10RE, COUNTY OF ALAMEDA. CO~~UNICATION RE LARPD POLICY RE ROBERTSON PARK The Council received notice of a study session for input concerning LARPD proposed policy for use of the stadium at Robertson Park. The study session will be held on March 29th with final action planned for April 12th. Cm Kamena noted that as he recalls the priority for the park use was first LARPD and its activities, then the School District, and lastly, the City or other public agencies. He stated that it is partially due to the City's efforts that the stadium exists and the City recently approved a large sum of money for Ravenswood. It would seem that the City and LARPD are working together on various projects and that it would be reasonable for the City and the School District to be combined for purposes of priority. Council concurred. COMMUNICATION RE ABAG ENV.MGMT. PLAN The Council received a letter from the Associated Building Industry of Northern California expressing concerns with the ABAG Environ- mental Management Plan. The letter indicated that they are alarmed by the Plan's devastat- ing effect on the traditional prerogatives and powers of local government through the inclusion of land use controls and the insufficient time allowed to study the impacts of the Plan. Item noted for filing. CM-35-l18 March 20, 1978 COMMUNICATION RE CITY'S BOND RATING The City Council received notice from Stone & Youngberg that the City's general obligation bond rating has been upgraded from Baa to A. The City Manager and Finance Director were congratulated for securing the new rating. Mayor Turner was thanked for going to New York to attend meetings on the City's behalf in this regard also. Item noted for filing. APPEAL RE VARIANCE FOR EL DORADO MOTEL SIGN - FIRST STREET Mr. Nies commented that the Planning Commission reviewed the request for variance for the sign at the EI Dorado Motel on First Street. The applicant has requested variances, as follows: 1) a 33 ft. high freestanding sign (25 ft. permitted): 2) total of 133 sq. ft. of sign (25 sq. ft. permitted) and 3) the sign be permitted to be turned at a 45 degree angle (parpalled required) . In reviewing the application the P.C. recommends denial of all three requests concerning the variance. Mr. Nies was asked if the motel would be permitted its present sign if this application is denied (as the sign is a non-conforming sign) and he indicated that there would be minor changes required of the present sign in order for it to be in conformance with the Sign Ordinance. Mr. Nies added that they have modified the request on sq. footage to a 75 sq. ft. sign rather than the original 133 sq. ft. Cm Staley commented that the motel would actually be allowed a larger sign than 25 sq. ft., but this is the permitted size for a freestanding sign. Mr. Nies was asked if it would make a difference in the 25 sq. ft. allowance if all attached signs were removed and he indicated that it would not. Cm Ebert stated that he would like the present sign to be allowed to remain in its present location, regardless of the restrictions of the Sign Ordinance. He noted that the Sands Motel adjacent to the El Dorado Motel also has a non-conforming sign and he is sure this item will be coming before the Council with respect to the Sands Motel. He feels that the two motels depend on their signs for attracting business and he feels they should not be asked to make a reduction in the size of their signs. It was mentioned that in order for the Council to grant the variance it would have to make four findings to support this action. Cm Ebert suggested that the item be continued to allow the owners of the EI Dorado to ask that their present sign be allowed to remain as is. Discussion followed concerning procedure and what type of action would be proper from a procedural standpoint. Mr. Ken Patel, speaking on behalf of Mr. L.B. Patel who is still in India, stated that Mr. L.B. Patel spent his life savings to CM-35-ll9 March 20, 1978 (Variance Appeal - Sign (EI Dorado) purchase the EI Dorado Motel and relocate to Livermore from San Francisco where he had been a businessman for 12 years. Since he used his savings he did not have the money to erect a new sign after the new Sign Ordinance went into effect. His first choice would be to keep his existing sign but he knew the P.C. would not approve it so he applied for the variance. The vari- ance is really his second choice. They really feel business would be lost with a smaller sign or a sign that is parallel to the street. People need to know what facilities are available and they need to identify these items quickly because of the speed of traffic in that area. Cm Ebert asked if it would be proper to make a motion approv- ing the variance and allowing Mr. Patel to keep his present sign. The City Attorney stated that a public notice has been given indicating that the applicant has requested a 75 sq. ft. sign. If the Council is considering a different size (larger) the matter should be readvertised. Mike Berger, 1023 Sherry Way, stated that he would commend Cm Ebert and Mayor Turner for their positions on this matter and he would hope that something could be done this evening for the applicant. Don Hiller, 2862 Waverly, stated that the speaker for the applicant indicated that one of the reasons Mr. Patel moved here from San Francisco was because it seemed like a nice place to live. One of the reasons Livermore is a nice place to live is because the jungle of signs that existed about 10 years ago have been abated. Most of the signs were abated on a voluntary basis from the downtown merchants. Mr. !1iller added that this sign has been on notice for abate- ment for over 10 years and the fact that the present owner didn't know there was a sign ordinance is not the City's fault. Unfortunately, for Mr. Patel, he should have checked into this prior to purchasing the mote. In giving some of the history as to how the Sign Ordinance was adopted, Mr. Miller noted that at the time the majority of the P.C. and Council consisted of merchants who felt the Sign Ordi- nance would help the City and who represented the business community. The Ordinance was adopted to give the City a better image to people who might be coming into town. CM DAHLBACKA MOVED TO ADOPT THE P.C. RECOMMENDATION TO APPROVE THE CUP TO ALLOW THE FREESTANDING SIGN AND TO DENY THE VARIANCE REQUESTING THE LARGER SIGN AND AT A 45 DEGREE ANGLE, ON THE BASIS THAT FINDINGS FOR A VARIANCE CANNOT BE MADE. MOTION SECONDED BY MAYOR TURNER. Cm Staley commented that he would agree it is time to re-examine the Sign Ordinance, but with respect to this particular applica- tion he would disagree a variance should be permitted because all of the non-conforming signs have been abated systematically, with the exception of only four or five businesses. He feels the intent of the Sign Ordinance was good and he would have to support its intent because he believes signs have to be considered as part of the environment and atmosphere in which we live. The present sign in question does not seem to be in the spirit or harmony with the Sign Ordinance or with the new signs that have been erected in town. He would agree, however, that the present _/ CM-35-l20 March 20, 1978 (Variance Appeal - EI Dorado Sign) location of the sign is necessary so that people can identify the motel from First Street in driving towards the freeway. He felt the applicant's problem could be solved by allowing him to have a sign perpendicular to the street that would be an allowable size and he would also be allowed 200 sq. ft. of signing on the building. This would allow him advertising the various conveniences offered by his motel, at close range, and a sign identifying the motel from a distance. Cm Dahlbacka felt it might be reasonable to begin indicating how far lodging is off the freeway so that people will know about how far they have to travel before they need to start looking for a sign for lodging. Mayor Turner noted that in the past he has agreed with applications for sign variances but in this case, after reading the report from the P.C., he would have to agree with their recommendation and the motion. C~1 STALEY OFFERED A SUBSTITUTE MOTION TO SUPPORT THE P.C. RECOMMENDA- TION AS TO THE CUP, THE SQUARE FOOTAGE OF THE SIGN AND ITS HEIGHT, OVERRULING THE P.C. AS TO THE PERPENDICULAR ASPECT OF THE SIGN AND THEN REFERRING THE ACTUAL CONSTRUCTION OF THE SIGNS TO THE DESIGN REVIEW COMMITTEE. Maker of the original motion, Cm Dahlbacka, stated that he couldn't accept the substitute motion on the basis that a decision would be made on the sign being perpendicular to the street. Cm Staley explained that he doesn't know if the allowable 25 sq. ft. sign would be appropriate. There is a certain size that will meet their needs which could be worked out with the Design Review Com- mittee. A parallel sign cannot satisfy their requirements but a trilon sign might and a perpendicular sign would. Point of order was that a substitute motion can be made and if it passes it would kill the original motion. CM STALEY MOVED TO 1) GIVE CONDITIONAL APPROVAL TO THE PERPENDICULAR SIGN: 2) REFER THE MATTER TO DESIGN REVIEW: AND 3) SUPPORT THE P.C. RECOMMENDATIONS RELATIVE TO RESTRICTIONS OF HEIGHT AND SIZE. WHILE THE ITEM IS REFERRED TO DESIGN REVIEW THEY WILL CONSIDER THE TRILON TYPE OF SIGN, AND THE SIZE AND LOCATION OF SIGN. MOTION SECONDED BY CM KAMENA. Mr. Nies was asked if only one face of a sign can be used on the 25 sq. ft. sign, or if the same printing can appear on the reverse side of it. He indicated that if 18 inches is calculated for one side the printing can appear on the reverse. If one side is more than 18 inches both sides would have to be counted. Cm Staley explained that the intent of the motion is that a per- pendicular sign would be approved and that it would not be limited to 25 sq. ft., but 75 or 133 sq. ft. is larger than seems necessary. It may be that 25 sq. ft. is not large enough but he doesn't know what figure to name. This will have to be worked out with the Design Review Committee. Cm Dahlbacka stated that he cannot make the findings to approve the variance and he feels it is definitely a grant of special previlege. He feels it would not be legal to allow the variance and the P.C. is presently working on possible revision to the Sign Ordinance now. Mr. Nies commented that the P.C. is working on signs relative to condominiums and apartments only. CM-35-121 March 20, 1978 (Variance - EI Dorado Motel Sign) Cm Dahlbacka stated that it was his understanding that highway oriented use was being considered for possible amendment also. Mayor Turner stated that as the motion stands he feels it is not clear and he would therefore vote against the motion. Discussion followed relative to wording of the motion. Cm Kamena stated that he has, on occassion, voted to approve a variance, as the law was not written to cover every situation. He feels that the motel business does depend on a transient type of interest and the requirements for visibility are dif- ferent when located on a state highway. However, he feels the Council has some responsibility to the merchants who voluntarily removed their non-conforming signs and went to the expense of erecting new signs to conform to the Sign Ordinance. The City Attorney commented that, in essence, the motion would be a continuance with a referral to the Design Review Committee. The merits of the variance will be discussed after the report has,been received and considered by the Council. SUBSTITUTE MOTION PASSED 3-2 (Cm Dahlbacka and Ebert dissenting). Prior to the motion, Mr. Patel stated that he supports the motion. REPORT RE MUNICIPAL LIABILITY INSURANCE A written report was submitted to the Council by the City's Broker of Record concerning options for municipal liability insurance coverage and outlining two plans the Council might choose from and the anticipated cost of claims. Mr. Parness reported that it is very regretable that the City's payment for insurance coverage will be increased rather sub- stantially. The staff recommendation and that of the Broker of Record is that although they would prefer to adopt Plan II, Self Insured Retention Program, there is a contingent liability involved which means that the City might have to produce as much as $300,000 for coverage of the maximum over a year's period. The chance of this is very little but it is a risk the City is not prepared to take. For this reason the staff and Broker would reluctantly recommend adoption of Plan I. CM KAMENA MOVED TO ADOPT PLAN I, AS RECOMMENDED. MOTION WAS SECONDED BY CM EBERT. The Council discussed the pros and cons of the two proposals with the Broker of Record and Mr. Parness. Plan II has a $300,000 stop gap. The City Attorney commented that the effect of a catastrophic aggregation of claims at one time is not felt by cities the same as it is felt by an insurance carrier. General law cities in the state have the authority to make payments of judgments on the installment plan. Mr. Parness reported that the current premium is $227,500, Plan I would be $312,000, and Plan II would be $239,000. Plan I would be a 37% increase and Plan II would be about a 5% increase for the premium. -' CI1-35-l22 March 20, 1978 (Liability Insurance) The Broker of Record, Gene Morgan, explained that under Plan II, there would be a $50,000 deductable for each claim. If it is determined that there could be some payment for the claim later, such as $20,000, that amount of money would have to be reserved in a special account and the funds could not be used for any other activity or trust for any item. The best computation the staff has done, based over the last three years, is that the City would have either reserved or paid losses this coming year of $50,000 plus $5,000 for administration of the claims. Overall the cost would amount to about $25,000 less on Plan II than Plan I, pro- viding there is no catastrophy. In the event there is a catastrophy there is a stop gap loss of $300,000 with Plan II but this amount could become due from the City in one year. Mr. Morgan added that the premium the City is paying is substantially less than most comparable agencies and he feels this is due to the fact that the heads of departments are cooperating and are giving prompt replies and prompt response. He stated that, personally, he has no direct recommendation because one cannot determine what type of claims will be received in the future, etc.. Mr. Morgan was asked if the Council is weighing a risk of $300,000 vs. a benefit of a $25,000 savings, and he indicated that this is correct. The Council has to decide whether or not it wishes to save the $25,000 and gamble that claims will never reach $300,000. Past experience shows the City should win, but the Council has to determine if it can afford the potential loss. The Council commended Mr. Morgan on his outstanding investigation and information on this item. MOTION PASSED 3-2 (Cm Dahlbacka and Staley dissenting). REPORT RE ADMINISTRA- TION BLDG. CONSTRUC- TION BIDS A report from the City Manager indicates that the lowest bid for the City Administration Building was $1,434,000 - 4.4% higher than the amount estimated by the architect. It is recommended that the Council adopt a resolution authorizing award of the construction bid to Wallace Webb Construction Company. CM STALEY MOVED TO ADOPT THE STAFF RECOMMENDATION TO AWARD THE BID TO WALLACE WEBB CONSTRUCTION COMPANY, WITH THE CONDITION THAT ANY FUNDS TRANSFERRED FROM THE PARK FUND, DURING THE PERIOD OF CONSTRUCTION, BE REPAID BY THE CITY FROM THE REVENUE SHARING FUNDS AVAILABLE TO THE CITY IN THE FOURTH AND FIFTH YEAR, FROM THE PRESENT FISCAL YEAR. MOTION SECONDED BY CM DAHLBACKA. Mayor Turner stated that his suggestion would be to take the City's lease/rent payments currently being made, and apply this to the retirement of that debt. He stated that he really does not want to commit Revenue Sharing funds, as this may be needed for something else. He asked the City Manager how much money would be availble when the City no longer has to pay rent for administration facilities. Mr. Parness indicated that he can't answer that point because the Administration Building will require some costs not presently experienced, such as increased utility costs, etc. CM-35-123 March 20, 1978 (re Construction Bids) Mr. Parness stated that he would roughly estimate that half of the money being spent for rent would be available for the use proposed by Mayor Turner, and possibly more. In discussing repayment of the money it was suggested that the City make a commitment for a $15,000 minimum from paYments normally going towards building rental, for each year, with the remainder to come from Revenue Sharing Funds. The City Manager was asked how long the bids are good, when the project will begin, and when the first major change order could occur. Mr. Parness indicated that if the bid is not awarded now, it would change because the bid reflects pricing for items that should be ordered now. He added that he believes everything will begin mov- ing right along after materials have been ordered and that it wouldn't really be possible to try to delay things until the new fiscal year. The contractor will want to avail himself of the good weather and they will want to proceed as soon as possible. MAYOR TURNER AMENDED THE MOTION TO STATE THAT AS SOON AS THE NEW BUILDING IS OCCUPIED THE MONEY NORMALLY USED FOR RENT WOULD BE APPLIED TO THE RETIREMENT OF THIS DEBT, AT A MINIMUM OF $15,000 PER YEAR, WITH FUNDS TO BE DERIVED FROM REVENUE SHARING FUNDS DURING THE 4th AND 5th YEAR. AMENDMENT SECONDED BY CM STALEY. The staff was asked what the cost is estimated to be, per square foot, now that the bids have been received, and how many staff members the Administration Building will house as well as the estimated number of years the building will be sufficient to house City personnel. It was noted that the dollar amount, per square footage, is from $67-$72, the building will house about 65 staff personnel, and this will satisfy the City's needs for at least 10 years. There is some minimum additional space for additional staff, as needed. em Ebert indicated that he feels distressed that the City is preparing to award a bid for a building that appears to be too small already. The staff was asked about the cost per square footage, as there was concern that the figure was a little high and Mr. Schilling indicated that a building comparable to this was constructed in Concord about three years ago at $62 per sq. ft. At that time it was considered high and three years ago it was high. Compared to that, this is inexpensive construction. This is a steel frame type of construction and naturally would be more expensive than the building constructed in Pleasanton a couple of years ago at $42 a sq. ft. The bid was very competi- tive and the City couldn't do better by asking for bids again. Don Miller agreed that the cost would seem very high in view of the fact the pOlice building serves as the foundation, eliminating this cost. His main concern, however, is that for the second year in a row the City plans to extract $500,000 from the Park Fund to pay for a non-park-fund purpose. He feels that no matter what the intentions are, this fund will never be repaid. ~"^' CM-35-124 March 20, 1978 (re Construction Bids) Mr. Miller stated that the $1 million has been taken to build the Council Chambers, and he feels it is not important at this point that they be built. He would suggest that these facilities be included when the City has received Revenue Sharing Funds, in four or five years. Mr. Parness then reviewed the details of lease-back financing that could be used by the City in financing the project. Discussion followed concerning various means of financing. It was mentioned during discussion that while it is true there are some value judgments to be made, as noted by Mr. Miller, and park funds are an important part of the City's future, so is a municipal facility. The City will never be able to buy a municipal facility at today's cost and while it is true that the building should be larger it is a start while the City has funds available. The City also has the ability to repay the Park Fund during the fourth and fifth year. The City is also able to buy a facility needed by the City without paying interest costs to any outside agency and the City is commiting the return of the money borrowed from the Park Fund. MOTION TO ALLOW CONTINUANCE OF MEETING Mayor Turner raised a point of order noting that Council policy is to adjourn at midnight. It is midnight and there should be a motion to continue the meeting or it should be adjourned. CM DAHLBACKA MOVED TO CONTINUE THE MEETING UNTIL THE COUNCIL DECIDES TO ADJOURN, DUE TO THE EXTRAORDINARY IMPORTANCE OF THE ITEMS ON THE AGENDA. MOTION SECONDED BY MAYOR TURNER WHICH PASSED BY UNANIMOUS VOTE. It was also noted that this will be a community center in a community park and it doesn't seem unreasonable to use money from the Park Fund, particularly when it is only a loan. People will be able to visit the library, the city offices and multi-service center, and enjoy the park and ponds proposed for that area. Mr. Wilverding stated that he would agree that the City does need a new facility and a central City Hall, but he feels there is no reason the City shouldn't avail itself of the Fifth Street School facilities. The school enrollment is declining, and it would be little effort to acquire the facilities at that location. The City could spend a little money to remodel the building to accom- modate the needs of the staff. He added that he is sure Jarvis-Gann will pass and he feels it is foolish for the City to deplete its reserves entirely. He would suggest that the City wait at least until the outcome of Jarvis-Gann is known before any agreement is made to spend City funds. Andy Jorgensen, 509 Rincon Avenue, stated that he was upset to the point of being sick last year when an illegal raid was made on the Park Fund. Notvery long ago he can remember the time there was land available for park purposes and the City just didn't have funds to make purchases for park land. He added that he is involved in the construction of a building that will cost $1 million and the cost per square ft. is not anywhere the amount quoted for this building. One of the reasons Proposition 13 will probably pass is because people are tired of having politicians say that money will be set aside for a particular use and after they have been elected they spend it for another use. He urged that the City do something other than use park funds for helping to finance the project. CM-35-125 March 20, 1978 (re Construction Bids) Mr. Parness commented that through next fixcal year there will still be about $650,000 in the Park Fund. It will not be depleted totally. He also has asked the School District about the possibility of pur- chasing the Fifth Street School facilities and he did not receive a formal reply but was informed that the school was not for sale and the School District has no intentions of selling it. The staff did investigate conversion costs and it was determined that coversion costs would be extremely high. Don Miller stated that if reserves are being charged to the Park Fund it means there is no reserve remaining. Last year the need was so strong to have $300,000 in the General Fund that it was taken from the Park Fund: therefore, it would seem that there is the need for a $300,000 reserve this year. There is no longer any reserve and it appears that the City would be over its head on its cash reserve status. There is something wrong and he would urge that some investigation be made of the transfering of funds and where money is going. Mr. Parness noted that there is no question about the fact that the reserve funds are dangerously low. Normally the City likes to have about 15% in reserve but it is about 4% that is presently in reserve at this time. This is a matter of concern that is expressed by him every year at budget time. em Dahlbacka indicated that he would like a report on the fund flow, as he would like to understand the total picture of the financing involved more clearly. Mr. Parness reported that bids expire next Wednesday, March 29th. It was suggested that the bid be awarded this evening with defer- ment of the financing until next week, as the City does have the lease-back option of financing. em Ebert indicated that he is not happy about the amount of money that has to be repaid to the Park Fund and he is not satisfied with the report on the cost per sq. ft. He would like the item delayed another week. His request would be that in that week the staff prepare a one page analysis of what the building is really costing the City and just how much it will satisfy staff requirements. He would also like a short economic analysis of the costs involved in bringing the school facilities into con- formance with building regulations if it were to be used to house City employees. em Kamena stated that this item has been postponed for weeks and he is sorry that people did not take the initiative to find out the information now being requested to be supplied by the staff. He, personally is ready to vote on the motion. Mike Berger, stated that perhaps the Council should consider the possibility of allowing the voters to pass a bond issue to finance the project. By consensus of the Council the item was postponed for one week, pending information from the staff, as requested. REPORT RE JOBS FOR TEENS PROGRAM -.. The Chairman of the Social Concerns Committee reported that the Jobs for Teens Committee recommends that the program be changed from one which focuses primarily on summer emploYment to one which would address youth employment needs on a year-round basis. CM-35-l26 March 20, 1978 (re Jobs for Teens) The expansion of the program would involve increased commitment of funds from $250 to $445 to support the 12 month effort. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE RECOMMENDATION WAS REFERRED TO THE STAFF FOR INCLUSION IN THE NEW BUDGET. REPORT RE CETA FUNDING TRANSFER The City Manager reported that the Council formerly approved a CETA allocation to the Housing Authority that would pay for three employees to conduct a recreational program. The Housing Authority has decided that this activity should be administered by LARPD and LAPRD is willing to assume this responsibility. It is the staff recommendation that the Council adopt a motion approving transfer of the CETA fund from the Leahy Square Housing Authority to LARPD for the recreation program. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE RECOMMENDATION WAS ADOPTED. REPORT RE STEP 1 AGREEMENT RE PHASE IV - REC. PLANT PROJECT The Director of Public Works reported that the State Water Resources Control Board staff has released authorization for a Step 1 grant for the Phase IV Reclamation Plant Project. This will permit the preparation of the required project report by a consulting engineer- ing firm previously selected by the City, James M. Montgomery, Inc., and is estimated at $91,906. Mayor Turner indicated that he is not very happy with the delay in schedule for this project and it was mentioned that this has been largely due to the delay of the Water Resources Control Board. The staff will do everything possible to speed up the schedule. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH JAMES M. MONTGOMERY, CONSULTING ENGINEERS. RESOLUTION NO. 61-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (James M. Montgomery Consult- ing Engineers, Inc.) P.C. REPORT RE REFERRAL RE SITE REDUCTION The Planning Commission reviewed the proposed County rezoning for 1411 Lomitas Avenue to reduce the minimum building site area from 20 acres to 4 acres. Their recommendation is to continue the matter until a Rural Residential Development Policy has been established. CM DAHLBACKA MOVED TO RECOMMEND DENIAL OF THE REDUCTION IN SITE AREA, ON THE BASIS OF THE CITY'S LONG STANDING POLICY OF SUPPORT- ING 10 ACRE MINIMUM SITES IN RURAL RESIDENTIAL AREAS UNTIL THE CITY HAS THE ABILITY TO PROVIDE SERVICES THERE. MOTION SECONDED BY CM STALEY. It was noted that the P.C. recommendation was to postpone the item until a Rural Residential Development ,olicy has been established but the staff recommendation was to recommend denial. CM-35-127 March 20, 1978 (re Rec. Plant) It was mentioned that in this particular rural area the General Plan provides for one acre parcels but it is to be served by the City and if the proposal goes through there will be four acre sites with septic tanks. MOTION PASSED BY UNANIMOUS VOTE. MOTION TO REORDER AGENDA ITEMS CM STALEY MOVED TO REORDER THE AGENDA TO CONSIDER THE APPOINT- MENT IF THERE IS NOBODY IN THE AUDIENCE WAITING FOR A PARTICULAR ITEM. MOTION SECONDED BY CM DAHLBACKA. It was mentioned that there is someone present to discuss the recreation facility on Arroyo Road. . MOTION AND SECOND WITHDRAWN. CUP APPLICATION RE ARROYO ROAD REC- REATION FACILITY The Planning Commission reported on a referral from the County regarding a request for a CUP to allow expansion of an outdoor recreation facility by the addition of four indoor racquetball courts. The Planning Commission has recommended approval with the con- ditions that development conform to the City's public works standards and that they connect to the City's sewer system. ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANI- MOUS VOTE, THE COUNCIL ADOPTED THE RECOMMENDATION OF THE P.C. VARIANCE APPLICATION RE REQUEST FOR SEPTIC TANK - (Condit - East Ave.) The Planning Commission recommendation concerning the Alameda County Referral for a variance application to permit a septic tank to service 7261 East Avenue is continuance until the City and County has established a Rural Residential Development pOlicy. ON MOTIOHOF-MAYOR TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE PLANNING COMMISSION RECOMMENDATION WAS ADOPTED. P.C. REPORT RE PRO- POSED SKATE PARK In reviewing the skateboard park proposed by LARPD for a site located at Mocho a at Mocho and Holmes Street, the Planning Commission recommends that the property (3.6 acres) not be devoted to a skateboard park and that a skateboard park should be located in a commercial area. Item noted for filing. P.C. REPORT RE ALAMEDA COUNTY AIRPORT LAND USE POLICY The Planning Commission has considered the Alameda County Airport Land Use Policy Plan and concurrs with the portion of the Plan CM-35-l28 March 20, 1978 (Airport Land Use) that deals with the Livermore Airport. This portion of the Plan is consistent with the recently completed Airport Master Plan. Item noted for filing.. HEARING SET RE PRO- POSED AMEND. TO ZOo ORDINANCE ON MOTION OF MAYOR TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE PUBLIC HEARING CONCERNING PROPOSED AMENDMENTS TO THE ZONING ORDINANCE FOR CS (Commercial Service), CG (General Commercial), WAS SET FOR APRIL 10. DISCUSSION RE ABAG ENV. MGMT. PLAN Discussion regarding the Waste Water Element and Air Quality Element of the ABAG Environmental Management Plan was postponed for one week.. ITEMS POSTPONED FOR ONE WEEK By consensus of the Council the following agenda items were post- poned for one week: Energy Conservation Committee report re AB 2373: the resolution adopting Statement of Duties and Responsibilities for the Indus- trial Advisory Board: the LLL gravity sewer line: and the Six Year Capital Improvement Budget. COUNCIL COMMITTEE APPOINTMENTS Council Committee appointments were made as follows: NOTE: 1. delineates delega~e: 2. delineates alternate. ACAP-ACTEB: 1. John Staley 2. Glen Dahlbacka ABAG : 1. Dale Turner 2. Marshall Kamena ABAG executive Committee Task Force Emergency Medical Services: 1. John Staley Mayors' Conference: 1. Dale Turner 2. Marshall Kamena Mayors' Conference City Selection Committee: 1. Dale Turner Sister City Liaison: 1. Marshall Kamena 1. Dale Turner CM-35-129 March 20, 1978 Suggestion Committee: 1. Dale Turner Solid Waste Management Board: 1. Glen Dahlbacka 2. Marlin Ebert Chamber of Commerce Liaison: 1. Marshall Kamena League of California Cities: 1. John Staley 2. Dale Turner both for 6 weeks League Investment Committee: 1. Dale Turner League Transportation Committee: 1. John Staley LAVWMA Joint Powers: 1. Dale Turner 1. Glen Dahlbacka 2. Livermore Cultural Arts Council: 1. Glen Dahlbacka 2. Marlin Ebert LARPD Liaison: 1. Dale Turner 2. Marlin Ebert Livermore-Amador Valley Sand & Gravel Study Committee: 1. Marlin Ebert City Council: 1. Dale Turner 2. Marshall Kamena Alameda County Housing Authority Board: 1. Dale Turner There was discussion as to whether or not a member of the Housing Authority Board should attend the County HQusing Authority Board meetings, rather than a member of the Council. No decision made. CONSENT CALENDAR Resolutidn~ Approv- ing CUP Applications The following resolutions were adopted by the Council approving CUP applications, as per previous Council discussion and action: RESOLUTION NO. 62-78 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (The Furniture Factory) -- CM-35-130 March 20, 1978 (Resos. re CUP) RESOLUTION NO. 63-78 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (Youth Center) RESOLUTION NO. 64-78 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (Navlet's Garden Center) . CfJ It should be noted that the resolut1on~ Navlet's Garden Center should include that ,'there ,,'ill be no. aoecoo f. rom Stanley Bou.leva. rd. 1; J ::;;t::h.u ~"P7.a::r:uV ~ (-U'--QJl..a-<1 /.f) ..//1) U ~L/I:t(1 ,-;l::n.()'Ul r.'. . t .a~~<-k--- Repbrt re Park Site Purchase - Valley East The Beautification Committee asked that the Council consider pur- chase of property in the Valley East area for park use. The item was referred to LARPD who has indicated that there is no urgency in acquiring such a park site at this time. Reso. Auth. Exec. of Deed - Lot Sale re Calif. Water Service The Council adopted a resolution authorizing the sale of a lot on Dogwood Avenue to California Water Service, as per previous Council discussion and action. RESOLUTION NO. 65-78 A RESOLUTION AUTHORIZING EXECUTION OF DEED (Lot 4, Tract 3758) Reso. Auth. Exec. of Deed - Police/Fire Bldg. The Council adopted a resolution authorizing execution of grant deed for the Fire/Police building located at 2365 First Street. RESOLuTION NO. 66-78 A RESOLUTION AUTHORIZING EXECUTION OF GRANT DEED (2365 First Street) Reso. Auth. Exec. of Agreement - PG&E Service - Multi-Service The Council adopted a resolution authorizing execution of agree- ment with PG&E for the extension of underground gas lines to service the Multi-Service Center. RESOLUTION NO. 67-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT ( PG&E - Extension of Utility Lines) CM-35-13l March 20, 1978 Reso. Auth. Exec. of Agree. - Water Service Extension - Multi-Service The Council adopted a resolution authorizing execution of an agreement with Cal-Water for extension of water service for the Multi-Service Center on Pacific Avenue. RESOLUTION NO. 68-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Cal-Water) Reso. Adopting Policy & Setting Fees, etc., re Sewer Connections The Council adopted a resolution adopting the policy regarding fees for non-residential sanitary sewer service connections outside the City limits. RESOLUTION NO. 69-78 A RESOLUTION ADOPTING SANTIARY SEWER SERVICE POLICY FOR CONNECTIONS OUT- SIDE OF CITY LIMITS (Non-Residential) Motion Authorizing Solicitation of Bids - "L" Street The Council authorized solicitation of bids for the "L" Street reconstruction project from Fifth Street to College Avenue. Reso. Auth. Program Supplement (FAU Proj. Funds) for "L" Street The Council adopted a resolution authorizing a program supplement (FAU Project Funds) for the funding of the "L" Street reconstruc- tion project from Fifth Street to College Avenue. RESOLUTION NO. 70-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (State of California) (Agree- ment No. 04-5053, Supplement No.4) Reso. re Weed Abatement The Council adop~ed a resolution declaring conditions of growing weeds, accumulated refuse, rubbishor dirt on private property or adjacent streets, declaring a public nuisance and ordering conditions abated. This is the first step in the annual abatement process and approxi- mately 450 parcels are involved. '"...,-~' CM-35-l32 March 20, 1978 RESOLUTION NO. 71-78 A RESOLUTION DECLARING THAT THERE EXIST CONDITIONS OF GROWING WEEDS, ACCUMULATED REFUSE, RUBBISH OR DIRT, ON PRIVATE PRO- PERTY AND/OR ADJACENT STREETS, MORE PAR- TICULARLY DESCRIBED IN THIS RESOLUTION AND FURTHER DECLARING THE SAME TO BE A PUBLIC NUISANCE AND ORDERING SAID CONDI- TIONS ABATED. P.C. Minutes - 2/7/78 The Planning Commission minutes from their meeting of Feburary 7, 1978, were noted for filing. Payroll & Claims There were 105 claims in the amount of $160,340.60, and 337 payroll warrants in the amount of $123,924.40, for a total of $284,265.00, dated 3/13/78 and approved by the City Manager. There were 75 claims in the amount of $504,011.65, dated 3/15/78 and approved by the City Manager. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED WITH DELETION OF THE RESO- LUTION AMENDING LIMITED PARKING ZONES WHICH WAS POSTPONED UNTIL NEXT WEEK. ADJOURNMENT APPROVE the meeting was adjourned at session on March 27, 1978, to Livermore Avenue. ATTEST y Clerk Livermore, California CM-35-133 Adjourned Regular Heeting of l>1arch 27, 1978 An adjourned regular meeting of the City Council of the City of Livermore was held on Monday, March 27, 1978, at 7:30 p.m. in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting immediately adjourned to an executive session to discuss labor negotiations. Present: Absent: Cm Dahlbacka, Ebert, Kamena, Staley and Mayor Turner. None -. Regular Meeting of March 27, 1978 A regular meeting of the Livermore City Council was held on March 27, 1978, 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, 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 - 3/13/78 P. 103, first paragraph, delete the last sentence beginning "When he rode, etc. Second paragraph, delete the entire paragraph with the exception of the last sentence. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF MARCH 13, WERE APPROVED, AS AMENDED. SPECIAL ITEM (Jobs for Teens Proclamation) Mayor Turner read a proclamation presented before the Council by Mr. Jack King, 750 Moraga Drive. The Proclamation recognizes the 1978 Jobs for Teens programn and further information can be obtained by calling 455-HIRE. OPEN FORUM (Complaint re P.G.& E. Pole at 4th & East Ave.) Mr. Dan Nelson, 2463 Sixth St., states that there is a utility pole approximately 4 feet tall at the intersection at 4th and East Ave. Mr. Nelson rides his bike past there and has noticed splinters, that might be dangerous, about half way up the pole and wonders if this can be fixed or removed. Mr. Parness stated that he would have the situation checked into. No further discussion. CM-35-l34 March 27, 1978 P.H. RE FRANCHISE WESTERN PACIFIC RAIL- ROAD CO. The City Attorney stated that the Public Hearing was essentially to reevaluate the existing franchise with Western Pacific Railroad and negotiations were still in process, mainly concerning the width of the Franchise. He asked for a continuance until next week. Mayor Turner asked for any public discussion. There was none at this time. MOTION WAS MADE BY CM DAHLBACKA TO CONTINUE THE PUBLIC HEARING UNTIL THE MEETING OF APRIL 3, SECONDED BY CM KAMENA AND CARRIED BY UNANIMOUS VOTE. COMMUNICATION RE MARKET IN SPRINGTOWN AREA In a letter from Mrs. Mast, 5280 Sundance Drive, requested the Council to reconsider a market for the Springtown area. Mr. Parness asked Mr. Gorland to respond. Mr. Gorland explained that the City has given site approval and allowed zoning to encourage the building of a supermarket but that at this time, there have been no takers. The City can encourage interested parties but not insist. A letter of explanation will be sent from the staff. COMMUNICATION RE LARPD SMOKING POLICY A letter was received from LARPD concerning a possible draft policy regarding the prohibition of smoking in Recreation Facil- ities. A meeting is scheduled for Thursday, April 6, 1978 at 7:30 p.m. open to all interested persons. em Dahlbacka suggested the Council send a letter to advise the LARPD of their support and the Council agreed to do so. COMMUNICATION RE PENTECOSTAL COLLEGE PROPERTY A letter was received from Associated Professions concerning a possible subdivision on the site of the Pentecostal Bible College. The recommendation of the staff is that this item be referred to them for additional work. MOTION WAS MADE BY CM DAHLBACKA TO REFER THIS MATTER TO THE STAFF AND THE P.C. IF NECESSARY, MOTION DIED FOR LACK OF A SECOND. Cm Dahlbacka stated that he would like to see more definition, referring to the last paragraph of the letter, he felt that more explicit statements would be helpful. David Madis, 1011 Geneva, stated that the applicant didn't wish to go before the P.C. because they would like some indication that the proposal is within the realm of possibility prior to the interested parties spending large sums of money. They can offer any information needed and if feasible can work through an actual subdivision plan. It is not a plan to trade park dedication for sewer connection. We believe at this time there is adequate sewer capacity on the property. Mr. Madis presented a letter from the college stating that at one time they had over 125 students and staff in residence and 75 non- resident students. He also presented a letter from Mr. Beasley, their business secretary, with current college enrollment.. CM-35-135 March 27, 1978 (re Bible College Property) At this time there are 103 traps (shower traps, sink traps, etc.) in service and this shows that there is more than adequate sewer service for the proposed 51 single family residence'. Reports can be provided to show there would be no additional costs or increases over current sewer usages. The City must take into consideration the buildings existing now and the uses thereof. The "We Care" day center has approx- imately 50 little ones and that could increase. Mr. Madis states they are not asking for the 72 units zoned there but for 51 units. They don't feel it is possible to have 72 units and preserve the trees and natural vegetation located there now. Mr. Madis goes on to list the benefits from the subdivision. it would eliminate the dangerous crossing near the bridge and blind curve; second, eomplete street improvement on "L" Street, cut densitiy from 71 units to 52 and third; land would donated to complete the bike path without cost to the City. First the be Mayor Turner confirmed that David Madis was seeking an opinion as to the feasibility of the plan and the acceptance or denial of a subdivision map. Pete Cornett, a representative of Red Carpet Realty, stated that when extenuating circumstances caused the Bible College to put the property on the market they had to decide how to set a fair market value. He suggested an appraiser. An appraisal was obtained to set the value at $30,000. per acre. Also, extensive and expensive termite damage to the existing buildings makes it inadvisable to continue using them. Cm Dahlbacka felt it okay to refer this to the staff for discussion and comments. David Eller, 3797 Oregon Way, stated that the Heritage Preservation Committee had made a study of College site, which was discussed with the Planning Commission and he hoped that the Council would take that into consideration. Although some of the buildings can be demolished, being in bad condition structurally, there is an historic water tower on the property that may not be structurally safe. Cm Ebert, again, questioned the number of people using the facilities now, as opposed to the projected person usage. This will definitely not be low income housing and can Mr. Madis approximate the number of people using the facilities. Mr. Madis referred back to the letter stating the 125 resident students and 75 non-resident students. There would be more water used for the larger number of meals and the dishwashing facilities. Otherwise, there would be no significant difference. They would be demolishing the larger buildings, laboratories and old houses. They would be willing to tear down or donate the old Water Tower to the Historic Preservation Society. He briefly summarized his comments including the fact that the City offered $24,000 and he in fact, gave $96,000 for the property. Cm Kamena stated he thought that there had been some close compar- isons between the number of existing plumbing fixtures and the number of proposed plumbing fixtures. These comparisons should prove helpful but he did have a couple of questions however. At one point in reading the letter he understood that demolition in- volved demolition of most of the existing structures including the water tower. -' Mr. Madis replied they would destroy all of the buildings except the water tower and the three houses on College Ave. unless the subdivision design made it imperative the two houses on College Ave. be destroyed. Cm Kamena asked if there was much in the way of salvage value. The CM-35-l36 March 27, 1978 (re college property) answer being negative, he asked if Mr. Madis would be willing to donate the structures to various entities, private or public, for their use. The anwer was in the affirmative if the proposal were made. Cm Kamena stated there was more here than just an issue of trading sewer connections, etc., there is also an issue of existing policies the City has and that policy as it affects sewer allocations, and as it affects the ability to sub-divide in this city under the present circumstances that we have. This is relatively unique to any other proposals that we've had in recent months. Asking the Planning Director or the City Attorney to respond, he said, what I'm wondering is, whether or not there is adequate ability to consider a planned unit development for that area? Howard Nies, Planning Director, responded with that being one of the possibilities that should brought back to the Council. One thing to be discussed - is there a possibility of entertaining the project. There was no obstacle to looking at the proposal. He wondered if the procedure was appropriate, at least with re- gard to the staff report and potential referral, while appraising the applicant while these steps go on of the progress being made. Earl Mason, a Civil Engineer representing the applicant, stated that this is basically what they're after, a concensus of whether the service used is in the same quantity as the proposed 51 houses. And in answer to Cm Ebert's question, instead of relating to fix- tures we need to relate to people. He restated the numbers of people using the facilities up to this point and stated that this is more than the 50 houses proposed would be using. The Council and staff were directed to look into the proposal and return with a report to the April 24th, meeting. Don Miller spoke up and asked whether there wasn't some conflict here and if the proposed development would infringe on the sewage allotment for commercial/industrial usage. David Madis answered Mr. Miller that they were taking existing sewage capacity and trading it from the College to private homes and not increasing the usage or infringing on any capacity set aside for commercial or industrial uses. There being no further discussion at this time the staff was dir- ected to report back on April 24th, including information on Earl Mason's comments and Council pOlicy. COMMUNICATION RE EMER. SERVo WORKSHOP A letter was received from the Office of Emergency Services with regard to a workshop scheduled for AprilS, re federal and state disaster assistance. After some discussion it was decided that Mayor Turner and Cm Ebert would accompany the City Manager and Livermore's Emergency Services officer to the workshop. COMMUNICATION RE VETERANS PARK A letter to Governor Brown concerning Veterans Park and its management by LARPD noted and filed. REPORT RE PROPOSED PERS CONTRACT AMEND. (Retirement Age) The City Manager's report concerns a request by a City employee for a mandatory retirement waiver. The City Manager's recom- CM-35-l37 March 27, 1978 (re PERS Contract) mendation at this time was to deny the request. A question was raised about the mandatory retirement law the President recently signed. It was stated that the law will not be effective until January 1, 1979, so is not applicable at this time. em Staley stated he didn't believe in a mandatory retirement age but was unsure what could happen if the Council didn't accept staff's recommendations. A MOTION TO SUPPORT STAPF RECOMMENDATIONS BY CM STALEY WAS SECONDED BY MAYOR TURNER FOR DISCUSSION PURPOSES. Cm Kamena asked if there was anything to preclude the City from retaining the services of people considered experts in their field as consultants for particular projects. The answer is yes, but for not more than 90 days in a calendar year. Cm Ebert questioned that this matter should really be settled by someone other than the Council. He asked what the City Librarian wanted the Council to do. Mr. Parness, City Manager, responded that he and Mr. Nolte, City Librarian, both recognize the personal dedication and work performed by the employee over the past years. Mr. Nolte's own personal intent is to retire in just over a year and he would not be adverse to having Mrs. Quarterman remain with him over that term, at least. That was Mr. Nolte's only response. A general discussion ensued bringing up several points for comment. At this time there is not enough information on what a policy change of this sort could cost the City and mean on a long term basis. A review of the entire mandatory retirement policy is worth discussing but it is not a good idea to do so when tied to a specific, individual personnel matter, as in this case, and puts the Council in a bad position. The opportunity to discuss this matter was presented once and both staff and Council declined to discuss it at that only thing new at this point is the newly enacted law and be analyized more thoroughly and studied for exemptions. can be done but it is time consuming. before time. The that should All of this The question at this time seems to be, do we make a policy change with the information available or do we request more information and a report brought back to us. Mr. Quarterman asked if Mrs. Quarterman is retired and hired as a consultant for 90 days and the policy is changed during that time could she be un-retired. The answer was no, the policy if effect at the time of her retirement would be honored. After additional discussion from the floor praising Mrs. Quarterman and her performance, it was reiterated that the Council was in a bad position to change contract policy on an emotional issue. The retirement contract has been in effect for several years and employees are aware of the mandatory retirement age. The Council asked for a report on the new law and the actuarial timing to be brought up and discussed at a more appropriate time. THE MOTION BY CM STALEY AND SECONDED BY MAYOR TURNER TO FOLLOW STAFF RECOMMENDATIONS AND NOT MAKE A POLICY CHANGE IN THE PERS CONTRACT WAS VOTED UPON AND PASSED UNANIMOUSLY. REPORT RE ADMINS. BLDG. CONSTR. BIDS Mr. Parness, City Manager, open the discussion calling attention to the reports handed out in the agendas concerning cost and design of the new Administration Bldg. Cm Dahlbacka asked if a 4/5 vote wasn't necessary to transfer the $300,000. from the reserve fund. CM-35-l38 Harch 27, 1978 (re Admins. Bldg) Mr. Parness replied in the affirmative, adding that all actual transfers of money are done in June at the end of the fiscal year. Council's directives are followed all year but the physical transfer is only once a year. It is an accounting technicality that allows the City to work with the money the rest of the year. David Eller stated that he was still opposed to the entire project, he would have liked to see a design competition for the design of the new buildings. He couldn't see where they would still be servicable in ten years and what would the City do after that period of time? The old buildings have already been sold so the city can't stay there. In answer to Mayor Turner's question Mr. Parness said the design of the building will allow expansion outwardly. Jan Brice stated that over the years she would commend the City Councils for having beautified the city. Now she is concerned with the park fund monies and is wondering if the people have been asked if they want to change priorities. In answer to a question about the Fifth Street School building, Fifth Street School is alive and well. Because of an increase in young families in the downtown area the enrollment at Fifth Street is up this year. Mrs. Brice stated that she had read in the paper that Cm Dahlbacka had asked about the Lease Purchase Program. This was used about three years ago in the school program and was quite successful in this community, using a non-profit corporation. She was wondering if that had been discussed previously and/or if it had been fully explored. Mayor Turner responded that there are additional reports with the 'lease back' financing, up to the $500,000 amount that would be borrowed from the Park Fund. This would include the money that it would be necessary to borrow from the Park Fund in order to do it, so the amount depends on the number of years in the payback. For the information of those that don't have the report - if we borrow $500,000 at 6% interest for 10 years at $68,000 payback per year, for 15 years would be 51,000 per year, 20 years would be 43 - 44,000 per year, and we are presently paying rent at $22,000 per year. It should be noted for the record that Mrs. Brice is a member of the school board but she is here tonight speaking as a private individual. Don Miller, 2862 Waverly, spoke to the Council urging them to adopt the lease purchase program with an option written in to payoff early if the funds came in or to erect the project without the Council Chambers and finish the project in three years when additional funds would be available. The lease purchase program would seem most preferable. Mr. Miller strongly urged the Council to arrange the funds in such a way that money didn't have to be borrowed from the park funds. Mr. A. Jorgenson stated that he had a couple of questions to ask and Mr. Parness agreed to respond. The present construction of the Police Station allows for the addition of another floor above it? Yes. Are there enough funds to build without using Park Funds? Not quite. If the entire Council Chamber structure were deleted how much would that reduce the total deficit? The defi- cit would be reduced by an estimated $156,000. And yes the Council Chamber is designed to be a 2 floor building. CM-35-l39 March 27, 1978 (re Admin. Bldg.) Jerry Wilverding commented that he felt that this large of an expen- diture was too rich for the City's blood. What about the rest of the community and was it felt that the rest of the community would be sacrificed for the Administration Bldg. Why not spend only the money on hand. What would the city live on after July. Ray Faltings stated that in his opinion although he was aware of a need for low cost housing and places for children to live, the Bible College buildings should be considered. The buildings have rooms for council meetings and other city functions. The Lease- Purchase program puts future generations in debt. He felt the City should pay as they go or only spend what they have now. -. Cm Dahlbacka asked what the state of our indebtedness was now as compared to other cities of comparable size. Mr. Parness replied that it was extremely low. That was one of the justifications used by the rating bureau in upgrading our rating from A to AAA. CM STALEY MOVED TO AWARD THE BID TO WALLACE WEBB CONSTRUCTION CO. IN THE FULL AMOUNT. SECONDED BY CM DAHLBACKA FOR DISCUSSION. The question was raised as to the amount set aside for the landscaping and of the Project budget of $1,800,000 or so, an estimated 50,000 is for landscaping only. This is basically for trees around the site. Landscaping for the 7 acres including the Administration Bldg, council chambers structure and the Multi-service Center is scheduled for a later time and estimated to be around $400,000. Mr. Parness added that additional landscaping is proposed for budgetary recommendation for next year. Now we will just do as much as the monies will stretch. The essence of the irrigation system has already been put in over the past year. Cm Dahlbacka voiced his approval of a new administration building, the old one is not adequate. He felt that essentially the City would have a secured loan and that to borrow the money for 6% interest for the City would be a winner. He is opposed to using the park fund monies now. CM DAHLBACKA MOVED TO AMEND THE MOTION TO ACCEPT THE 'LEASE-BACK' ARRANGEMENT FOR A 20 YEAR TERM WITH A NO PRE-PAYMENT PENALTY CLAUSE. SECONDED BY CM STALEY FOR DISCUSSION PURPOSES. As a statement of intent only, Cm Dahlbacka, said to use the revenue sharing funds to pay back the debt early. The City Attorney stated that there is a 5 or 10% bond recall payment on most loans and that this would have to be checked into. Mr. Parness added that most financial arrangements of this kind had a 10 year clause and that this should be checked into also. Also, this type of financing, Mr. Parness stated, would not be aaccepted if the Jarvis-Gann proposal is passed in June. But it is O.K. to make any inquiries before then. Having discussed the postponing of the council chamber structure, it was ascertained that to award the entire contract now with a clause to cancel the council chamber structure, dependent on the outcome of the June election, would cost the city $1500. The cost of the site grading, which will have to be done anyway. To award the project without the council chamber structure and to add it in June would cost the city $4500. So, by awarding the entire project and, if necessary, cancelling the council chamber structure later the City would save $3,000. ~.. To award just the Administration Building alone at this point would mean the council chamber structure would have to be bid again after June and the next lowest bidder for just the Administration Building is different than the one selected for the entire project. CH-35-l40 March 27, 1978 (re Admin. Bldg.) r1r. Parness has a letter from Wallace Webb Const. Co. stating that they would accept the award of the bid with a clause allowing the City to cancel the council chamber structure if it becomes necessary. Cm Kamena was in favor of awarding the entire package and using the revenue sharing funds instead of just securing a loan with them. Cm Ebert would like to withdraw the motion and the amendment and offer a new motion to deal with just the Administration Building. He is against the council chamber structure and the City developing deficit financing. Again, it was discussed, that although the second bidder was $53,000 less for just the Administration Building the City would have to rebid the council chamber structure, which is to house the Purchasing Department also. It was felt that awarding the entire project with the cancellation clause would save money in the long run. Securing a loan for a 'lease-back' arrangement with park funds was rediscussed. Further discussion brought up three alternatives that the City seems to have at this point. Accept and award the project with no modifications; award the project with the modifications: award the project for just the Administration Building, which would be a different contractor and the council chamber structure would be bid in June or at a later time. Cm Kamena felt that a new bid in June would hardly be a lower bid than now. As for the matter of deficit financing, he didn't feel that the funds in the bank drawing interest were washed by by the cost of the interest on a loan. As he sees it, awarding the entire project with the option of withdrawing the council chamber structure later would only cost $1500. as opposed by the larger cost of going with the other option. Since the park funds are not for major public items like stadiums or that kind of thing they could be used in this instance. As for justification for the Administration Building, Cm Kamena stated that consolidation of city services would be well served by continuing under one shell. This would follow the City's Master Plan and we've already saved 14 or 15,000 on architectural fees by capitolizing on previous services when the Police Dept. was designed so that it could, in fact, have a second story and that was good long range planning. He emphasized that the council chamber structure is much more than Council Chambers. It will house the Purchasing Department and the Reprographic Depart- ment, which does the printing and reproduction for the City. Also, because of the design, the council chambers could be used for other public functions, mostly the school district at this point. Cm Kamena voiced his op~n~on for awarding the entire package at this time and committing the money to support the project with the reminder that the revenue sharing monies are available to us now. The 1.1 million dollars that are coming to us from the Federal Government is coming with the philosophy that the money be used for Capitol Improvement. This is definitely a Capitol Improve- ment project. em Ebert stated that we must have a structured repayment program if, in fact, we use the park funds and that no less than $15,000 per year be applied to repayment of the loan and in the fourth and fifth year we use the revenue sharing funds to retire the loan. He felt this could be fitted in as a separate motion. CM-35-14l March 27, 1978 (re Admin. Bldg.) Mayor Turner remarked as additional justification for the building of the Administration Building that the City needed consolidated quarters. The existing facilities are inadequate and to have the personnel all in one building would be better utilization of staff time and in most cases lead to dollars saved. It would certainly be an asset to the City. And there are many committees that could use the building besides the public functions that could be held there. Livermore still needs a new City Hall regardless of the outcome of Jarvis-Gann. The City will still be here after the election and will still have needs to be able to perform its functions. -. CM DAHLBACKA MOVED TO AMEND THE MOTION TO USE THE MECHANISM OF LEASE-BACK FINANCEING FOR 20 YEARS FOR UP TO $500,000. SECONDED BY CM STALEY. MOTION CARRIED WITH CM EBERT AND KAMENA DISSENTING. The Council and the staff discussed and agreed that the grounds items and landscaping could be paid for from the park funds. It was mentioned that the motion on the floor does not include accepting the bid subject to the letter the City Manager has. It was felt that would be a necessary part to underlining the motion. CM. EBERT MOVED TO VOTE ON THE QUESTION. SECONDED BY CM KAMENA. IT FAILED WITH A 3-2 VOTE. CM DAHLBACKA, STALEY AND MAYOR TURNER OPPOSED. CM STALEY MOVED TO AMEND THE MOTION TO USE SPECIAL RESERVE FUNDS THAT HAVE BEEN SET ASIDE AS NEEDED BY THE CITY, SECONDED BY CM KAMENA. PASSED 3-2, CM EBERT AND MAYOR TURNER OPPOSED. Mayor Turner stated a 4/5 vote is needed to spend the $300,000 in the reserve and we didn't have that. Cm Dahlbacka felt it would be practical to account for where the money is coming from. The project is estimated to cost $1,805,000. with $500,000 from a lease-back, if approved, and 1.1 million from revenue sharing that leaves 205,000 unaccounted for. The park fund could account for 136,000 as 50,000 is for landscaping and 80,000 for the parking lot. The landscaping and parking lot are both part of the Civic Park development and both are for people using the park and other facilities in the Civic Center. That leaves a balance of $70,000. from the General funds. He felt that amount of money seemed more tractable in terms of abtaining it. Mayor Turner stated he would be more favorable to the amendment if they are talking about a loan for the $70,000 amount. CM DAHLBACKA MOVED TO AMEND THE MOTION TO ALLOW THE GROUNDS CONST- RUCTION OF THE LANDSCAPING AND THE GROUNDS AS AN EXPENDITURE FROM" THE PARK FUNDS, SECONDED BY CM KAMENA AND PASSED 4-1, OPPOSED CM EBERT. The letter from the contractor held by Mr. Parness does not need to be made part of the motion as it will be written up in the contract between the City and the contractor. The City Attorney agreed that this would be the procedure used. THE MAIN MOTION WAS CALLED TO A VOTE AND PASSED 4-1. CM EBERT DISSENTING. ....-/ REPORT-PUBLIC WORKS LLL SE\'1ER LINE Dan Lee, Public Works Director, reported that the staff has had discussions over a period of time with LLL and the ERDA represent- atives relative to the construction of a new gravity sewer line to CM-35-l42 March 27, 1978 (re LLL Sewer Line) serve the Lab and Sandia. The government would provide funds of an estimated $210,000 and obtain the easements, right-of-ways, and permits and the City's responsibility would be to provide the design, inspection and construction at a cost of approximately $31,500. The city money to come out of the Sewer Connection Fee Fund. The City participation is to pay for the share of the oversizing. During discussion with ERDA the issue was raised re a surcharge for LLL to participate in the LAVWMA pipeline. They requested this not to be included in this agreement. The summary recommended the City Council decide the fOllowing questions. A) Should the City provide design and construction engineering at its cost as compensation to the Government for the oversizing provided by the Government. B) Should the City obtain the easements, rights-of- ways and permits at the Government's cost. C) Should the City manage the sewer line construction as requested by Government. The construc- tion work is to be paid by the Government, including the oversizing. D) Should the City establish a benefit district to recover the cost of design and construction engineering on the line. E) Should the agreement include provisions for the LAVWMA surcharge or should the matter be resolved in separate negotiations. It was discussed that the new sewer line would be beneficial to the City and provide additional capacity to serve a future indus- trial area along this line. It would serve 225 to 300 acres of industrial land as well as some residential. CM EBERT MOVED TO ACCEPT POINTS A, B, C, AND E, SECONDED BY CM STALEY AND APPROVED UNANIMOUSLY. REPORT-COMM. DEV. DIR. RE INDUSTRIAL ADVISORY BOARD Manny Gorland, Director of Community Development, submitted a draft of the Industrial Advisory Board's Statement of Duties and Responsibilities before the Council. CM STALEY MOVED TO DIRECT THE PREPARATION OF A RESOLUTION OF ADOPTION OF THE STATEMENT, SECONDED BY DAHLBACKA AND PASSED UN- ANIMOUSLY. Cm Staley pointed out that the term of office was for an indefinite length of time. Council policy is for two consecutive terms, 8 years. CM STALEY MOVED TO DIRECT THE STAFF TO CONFORM THE STATEMENT TO COUNCIL POLICY, 8 YEARS. CM KAMENA SECONDED, UNANIMOUS VOTE. REPORT RE LIMITED PARKING-NO. ilK" Public Works reported the request for the addition of a 15 minute limited parking zone on the north side of "K" Street north of Railroad Ave. The businesses in the area all being contacted did agree and the staff recommends the Council adopt the resolution to that effect. ON MOTION OF eM STALEY, SECONDED BY MAYOR TURNER AND UNANIMOUS VOTE THE COUNCIL ADOPTED THE RESOLUTION. RESOLUTION NO. 73-78 A RESOLUTION AMENDING RESOLUTION NO. 129-72, AS AMENDED, RELATING TO LIMITED PARKING ZONES, BY THE ADDITION OF A FIFTEEN MINUTE PARKING ZONE, TO WIT, EAST SIDE OF NORTH ilK" STREET BETWEEN RAILROAD AVENUE AND OAK STREET, CITY OF LIVERMORE. CM-35-143 March 27, 1978 CONTINUED DISCUSSION RE A.B. 2373 The Council received a requested report from the Energy Conser- vation Committee recommending that A.B. 2373 be opposed. A MOTION OF RECOMMENDATION TO OPPOSE A.B. 2373 BY CM DAHLBACKA WAS SECONDED BY CM EBERT AND VOTED 4-1, MAYOR TURNER OPPOSED. REPORT RE 6 YEAR CAPITOL IMPROV. BUDGET This item was continued for discussion at a later date. The report is to serve the need for fiscal planning purposes and information. The Council will study the report and discuss it later prior to formal adoption. ABAG ENVIRONMENTAL MANAGEMENT PLAN The proposed changes for the ABAG Environmental Management Plan - Water and Air - are due to be submitted to ABAG by March 31st. Since the Council had a chance to review the changes on water quality, they felt that issue could be resolved, however, suggested they have another week to study the air quality portion. ON MOTION OF CM KAMENA, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE WATER QUALITY MANAGEMENT PORTION OF THE ABAG ENVIRONMENTAL MANAGE- MENT PLAN WAS ADOPTED AS PROPOSED BY STAFF. ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE AIR QUALITY MANAGEMENT PORTION WAS POSTPONED TO THE MEETING OF APRIL 3. REQUEST FOR ANNEXATION - DOOLAN/COLLIER CANYON ROAD A request was received on February 15, 1978, from Bissell & Karn, Inc. on behalf of three property owners in the vicinity of Doolan and Collier Canyon Roads for annexation to the City. The item was referred to the Planning Commission for comment. In the Planning Commission report to the council dated March 22, 1978, the Commission did recom- mend that the City Council look favorably on annexation of the subject properties, however, did point out to the council that the General Plan projected to the year 2000 designates the property for general agriculture and range and grass land; and also that the Local Agency Formation Commission limits the City's sphere of influence boundaries to the current City limits. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE COUNCIL ACCEPTED THE PLANNING COMMISSION RECOMMENDATION WITHOUT CHANGE. INTERIM AND LONG TERM RESIDENTIAL GROWTH POLICY This item was postponed to the meeting of April 10 to allow time for the Planning Commission to meet with Alameda County to develop a rural residential policy and to allow time for the staff to report to the Council on this matter. ..-' ALAMEDA COUNTY URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT The City has been informed by the Alameda County Housing and Community Development Program office that our share of the Block Grant has been CM-35-144 March 27, 1978 (Ala. Cty. Block Grant) increased from $395,089 to $420,644. The County has suggested that the increased funding be allocated to activities listed on the city's previously approved application, or to the contingency category. The staff recommended the following revisions to our original application: Program Original Allocation Proposed Allocation Multi-Service Center Completion $ Housing Coordination Interfaith Housing - dead bolt locks Leahy Square - dead bolt locks Garnet Austin Workshop Tri-Valley Haven Interfaith Housing - land acquisition 40,000 30,000 $ 50,000 35,000 1,500 4,500 39,000 26,555 26,500 37,500 25,000 25,000 The City's final HCD budget includes a contingency fund of $39,508 to meet cost fluctuations and emergency requests which may occur during the program year. Staff recommended that the Council retain a minimum of $21,032 (or 5% of the total grant figure) in this fund. Whatever amount is not spent by June 1979 can be designated for a specific project in the following program year. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED THE STAFF RECOMMENDATION AS STATED. RECREATIONAL AND SERVICE ACTIVITY DIRECTORY The Social Concerns Committee published a brochure entitled "Recreational and Service Activity Director for Youth and Adults in the Livermore Valley" and the Council and staff supplied with the first copies. The Council was very impressed by the brochure and suggested the Social Concerns Committee be congratulated on this nice piece of work. After some discussion among the Council and staff, it was agreed that the City should sell the brochure for 50~ to cover reproduction cost. COUNCIL APPOINTMENTS- BOARDS AND COMMITTEES Appointments were made as follows: Housing Authority - Shelia Donohue Library Board - Terrence Fox Design Review - Randy Schlietz Resolutions confirming these appointments will appear on the Consent Calendar on April 3. A vacancy exists on the Heritage Preservation Committee and the Council requested that since there were no applications that this vacancy be advertised by a press release to the newspapers. VACANCY DECLARED - SOCIAL CONCERNS COM. The Social Concerns Committee has requested the Council to declare a vacancy on the Committee due to non-attendance by a member. ON MOTION OF MAYOR TURNER, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, A VACANCY WAS DECLARED TO EXIST ON THE SOCIAL CONCERNS COMMITTEE. CM-35-145 March 27, 1978 CONSENT CALENDAR (Consent Calendar Deletions) ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, ITEM 5.4 (RESOLUTION ESTABLISHING FRINGE BENEFITS FOR CITY COUNCIL) AND ITEM 5.8 (REPORT RE USE OF LOCAL NEWSPAPERS FOR CITY LEGAL NOTICES) WERE DELETED FROM THE CONSENT CALENDAR FOR DISCUSSION PURPOSES. _.- P.C. Summary of Action March 21, 1978 The Planning Commission summary of action from their meeting of March 21, 1978, was noted for filing. Report - Public Works Director Handicapped Parking Signing Mayor Turner had inquired about the status of the handicapped parking stall designations since the Council initiated a program to encourage the designation of handicapped stalls in the major parking lots in the community. The staff contacted owners of the major parking lots and informed them of the availability of the City's template which is used to paint the handicap symbol on the pavement. Of those contacted, Granada Bowl, Roller King, Granada & Vineyard Shopping Centers, Grossman's Alpha Beta, Value Giant, School District, Rincon Shopping Center, and Southern Pacific responded and ordered signs for their lots. A second letter is currently being sent out to the businesses which have not responded. Reso. Approving Salary Adjustment - Park & Tree Supervisor During the last salary adjustment authorized for the public works field forces, inadvertently an adjustment was not listed for the Park and Tree Supervisor. This would have increased the current salary from $1,266 to $1,390. RESOLUTION NO. 75-78 A RESOLUTION OF THE CITY OF LIVERMORE AMENDING RESOLUTION NO. 35-78, FOR THE CLASSIFIED AND UN- CLASSIFIED EMPLOYEES OF THE CITY OF LIVERMORE, ESTABLISHING RULES FOR ITS USE Reso. Rejecting Claim Jeff Parra and Kay Parra RESOLUTION NO. 76-78 A RESOLUTION REJECTING CLAIM OF JEFF PARRA AND KAY PARRA Reso. - Supporting White House Conference RESOLUTION NO. 77-78 A RESOLUTION SUPPORTING THE WHITE HOUSE CONFERENCES ON THE ARTS AND HUMANITIES Report - re FAU Street Construction Priority ~/ The Public Works Director submitted a report to Council listing by priority the street projects and description as well as the FAU funding available. The list covers a five-year projected program under the Federal-Aid Urban Program. CM-35-l46 March 27, 1978 Payroll & Warrants There were 153 warrants in the amount of $244,969.47, and 431 payroll warrants in the amount of $124,993.01, for a total of $369,962.48, dated March 21, 1978 and approved by the City Manager. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED WITH DELETION OF ITEM 5.4 AND 5.8 . FRINGE BENEFITS - CITY COUNCIL This item was deleted from the consent calendar for discussion. Cm Staley questioned the wording "limited to actual salary". The City Attorney explained that pursuant to Government Code Section 53208, Council members are entitled to participate on the same terms and conditions in any of the health and welfare plans provided by the City of Livermore to management employees, including the deferred compensation plan, however, since benefits are based on actual salary for management employees, the Council's benefits are limited as well to their actual salary. The City Attoryney went on to explain that benefits cannot be raised above statutory amounts allowed. CM STALEY MOVED TO DELETE THE WORDING "LIMITED TO ACTUAL SALARY". MOTION FAILED FOR LACK OF A SECOND. After further discussion between the Councilmembers and the staff, it was generally agreed that this item be put over until such time that the Council had a clear understanding of the benefits. CITY LEGAL NOTICES USE OF LOCAL NEWSPAPERS The City Council had requested a report from the City Attorney on the subject of the City's use of local newspapers for publication of various City notices and advertisements. There are two broad categories of City notices. Legal notices are those required by statute to be published in a newspaper of general circulation. The definition of such a newspaper of general circulation is controlled by statute and case law and defined as one which has been so adjudicated by the Superior Court for the county, district, or city in which it fulfills the statutory criteria. It has been held that an adjudication must be specifically for the county, district or city for which the legal notice is required. Therefore, an adjudi- cation for a county or district within which a city is located does not suffice as an adjudication for that city. Thus, only one local paper qualifies for City legal notices. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE CITY WILL USE THE BIDDING PROCESS FOR ANY ITEMS LEGALLY ALLOWED BY LAW. MATTERS INITIATED BY THE STAFF (Contract for Adminis- tration Building) Ed Schilling, Assistant to the City Manager, explained that it would be necessary for the Council to authorize signing of the contract for the administration building as the 45 day limitation expires on Friday, March 31. CM-35-l47 March 27, 1978 (Contract for Admin. Bldg.) ON MOTION OF CM KAMENA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, AUTHORIZATION TO SIGN THE CONTRACT WITH WALLACE WEBB & SON FOR THE CONSTRUCTION OF THE ADMINISTRATION BUILDING WAS FORMALLY APPROVED. (Executive Session) The City Attorney requested that the Council meet in executive session after the meeting to discuss litigation. (Vallecitos Reactor Shutdown) Cm Ebert requested that the City staff write a letter to appropriate officials regarding the shutdown of the reactor at Vallecitos. He went on to say that approximately 250 people are involved in the layoff and indications show that there is really nothing wrong. He requested that this be on the agenda for the next Council meeting. (Sign for Police Department) Cm Ebert stated that he felt the Police Department should be identified by a sign out on Livermore Avenue. (ECHO) CM Kamena stated that according to previous stipulations regarding the ECHO program, the Council had requested that ECHO submit a report to them so that the Council can determine if they wish to continue supporting the project. He requested that this report be forthcoming within 30 days. (Reserve Funds) CM Kamena expressed concern regarding the reserve funds balance and requested a report from the FinanceDirector as to the exact balance. (Review of Sign Ordinance) CM Kamena has requested that a review be made of Livermore's sign ordinance and that this matter be placed on a future agenda for discussion by the Council on any parts of the ordinance that any of the Councilmembers feel should be reviewed. It was also suggested that a study be made of other cities such as Pleasanton, Simi Valley, San Mateo and Palo Alto to determine if some parts of their sign ordinance would work well for Livermore. When this data has been collected, it was suggested that the Planning Commission and the Design Review Committee have a chance to review it and report to the Council. (Referral to P.C.) CM Dahlbacka stated that the matter of superblock and the statement about supermarkets in the CB District had not been referred to the Planning Commission and would like it formally referred to P.C. at this time. (Sewer Treatment Plant) CM Staley requested a report of the current reliable capacity left in the sewer plant. He requested that this appear on the agenda in two weeks. (Low and Moderate Housing) ~ CM Staley stated that his understanding of low and moderate housing is that it provides suitable housing for less than cost for people in the community. He suggested we have a report from the Housing Authority as to what need we have for that type of housing for CM-35-l48 March 27, 1978 (Low & Moderate Housing) those who cannot find suitable housing at a cost they can afford. In the referral it was suggested that this section of the General Plan covers some of this issue and may be helpful in making this determination. (Jarvis-Gann Initiative) Mayor Turner expressed his concern regarding what the City's position will be as of July 1, 1978, if the Jarvis-Gann Measure passes. The City Manager reported that the staff is aware of the funds we will lose if the measure passes. He requested that the Council give some direction to the staff as to where they want to place emphasis on municipal services. Mr. Parness stated that the staff could prepare a report to the Council stating what the staff feels are vital services and those that could be reduced if need be. The Council agreed that they would like to have this report from the staff and would discuss it further at that time. (Regional Water Quality Control Board) Mayor Turner reported that the meeting he attended with staff members at the Regional Water Quality Control Board was successful in that they approved 16 building permits. He also reported that they would lift the cease and desist order if the City could be in compliance for 30 days beginning March 5th. (Residential Growth Policy) Mayor Turner requested that the matter of residential growth be set for an agenda item. (Selection of Police Chief) Mayor Turner suggested that a form of selection process be for- mulated for the selection of a polic chief. The City Manager reported that a process was being formulated and would be coming to the council next week. (Department Head Reports) Mayor Turner suggested that the Department Heads give a short report to the Council each month at the beginning of the Council meeting. After some discussion between the Council it was decided that it be item for thought for the Council and discussed further at a later date. INTROD. ORD. RE ZONING CENTRAL AREA ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE THE ORDINANCE AMENDMENT TO SECTION 3.00 RELATING TO ZONING (CENTRAL AREA) WAS INTRODUCED AND READ BY TITLE ONLY. INTROD. ORD. RE ZONING AMENDMENT OF CHPT. 13.00 ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE THE ORDINANCE AMENDMENT TO CHAPTER 13.00 RE OFF-STREET PARKING AND SHADE TREE REQUIREMENTS WAS INTRODUCED AND READ BY TITLE ONLY. CM-35-l49 M.arch 27, 1978 CITY MANAGER STATUS REPORT Track Reconstruction - M.urrieta Blvd. to Sunol Blvd. Mr. Parness reported that the major track reconstruction work for extending Murrieta Blvd. to the Sunol intersection with S.P. appears to be in good order. In the opinion of Cal-Trans and the PUC to the extent that the design engineer is convinced that it is going to be funded next year. This means the costs are within the amount allowed by the state and the engineer feels it is conceivable we will be able to do the Murrieta Blvd. underpass next year. ADJOURNMENT MAYOR TU~~ER ADJOURNED THE MEETING AT 12:25 A.M. TO AN EXECUTIVE SESSION. APPROVE ATTEST cxlkn~J), / . Clerk Li.e ore, California ~ CM-35-l50 Regular Meeting of April 3, 1978 A regular meeting of the Livermore City Council was held on April 3, 1978, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:07 p.m. with Mayor Turner presiding. ROLL CALL Present: Absent: Cm Dahlbacka, Ebert and Mayor Turner Cm Staley and Kamena seated after Pledge of Allegiance PLEDGE OF ALLEGIANCE Mayor Turner led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. PROCLAMATION Mayor Turner read and presented to the Valley Child Care Center a proclamation by the City of Livermore declaring the week of April 9 through 17, 1978, as "The Week of the Young Child". MINUTES ON MOTION OF CM KAMENA, SECONDED BY CM DAHLBACKA AND BY UNANI- MOUS VOTE THE MINUTES FOR THE MEETING OF l1ARCH 14, 1978, WERE APPROVED AS SUBMITTED. OPEN FORUf'.1 (Police Department) Richard Veach, 1923 Tobruk Court, stated that he realizes there are problems with the Police Department and feels the administration is working to solve the problems, and that he feels the Police Department is doing a fine job. However, he felt the public should have more information regarding some particular problems in the police department as follows: 1. What evidence supports decision that Officer Brady used "unnecessary force", and were there qualified \'Ti tnesses present to support this charge? 2. lIas James Serna been informed of the reasons for being relieved of his Sergeant position and if not, why? 3. Are the rules and regulations that govern law enforce- ment officers in Livermore posted for ready reference by these officers and can these rules be made available to the press for transfer to the citizens by the news media? 4. Has the City Council considered appointing a commission to investigate facts in the Brady and Serna cases? The Mayor stated that_ to the best of his knowledge all proper procedures had been followed in each of the above cases. It was agreed that Mr. Beach's questions would be formally answered following the appeal hearing scheduled for Officer Brady. Ct1-35-151 April 3, 1978 (Police Department) Kay Parra, 819 Brennan Way, stated that she had evidence in writing that a police officer has lied under oath and that the evidence she has is on its way in the mail to Mayor Turner and the City Manager. Mr. Parness stated that he would investigate Mrs. Parra's complaints and a response would be given to her. CONTINUED P.H. RE W.P.RAILROAD FRANCHISE ON MOTION OF CM STALEY, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE THE PUBLIC HEARING ON THE WESTERN PACIFIC RAILROAD FRANCHISE WAS CONTINUED TO THE MEETING OF APRIL 10. CHAMBER OF COMMERCE REQUEST FOR REFUND A letter has been received from the Chamber of Commerce regarding the annual Foley & Burk carnival for which they have borne one- half the cost of a business license. The Chamber states that since they are a non-profit organization that they are not required to pay a business license fee and therefore should be refunded the fee paid to the City for the years 1976, 1977 and 1978 which amounts to a total of $2,000. Mayor Turner inquired if the business license is charged the carnival or the Chamber. John Strong, Manager of the Chamber of Commerce explained that the license fee is put up by the carnival prior to the five day run of the show. After the carnival is over the Chamber reimburses the carnival for half of the business license from the proceeds the Chamber receives. Mayor Turner suggested that a final decision be withheld until a report is received from the Finance Director regarding this matter. CM KAMENA MOVED TO REFUND THE AMOUNT OF $2,000 TO THE CHAMBER OF COMMERCE FOR THE BUSINESS LICENSE FEES PAID. MOTION SECONDED BY CM STALEY. MOTION FAILED 2-3 WITH CM DAHLBACKA, EBERT AND MAYOR TURNER VOTING NO. RESIGNATION - BEAUTIFICATION COt1MITTEE pricilla Payne submitted her resignation from the Beautification Committee as she no longer resides in the City. Mayor Turner expressed the Council's appreciation for her time spent on the Committee. REORDER AGENDA ON MOTION OF CM DAHLBACKA, SECONDED BY MAYOR TURNER AND BY UNANIMOUS VOTE ITEM 3.1 OF THE AGENDA RE ABAG ENVIRON~lliNTAL MANAGEMENT AIR QUALITY ELEMENT WAS MOVED TO APPEAR AS ITEM 4.11. CUP APPLICATION - LEGAL RESEARCH & INVESTI- GATION SERVICE An application has been received from Mr. Dave Sitton, Legal Research & Investigation, to conduct business in the office building located at 1171 Murrieta Blvd. The Planning Commission conducted a public hearing and does recommend approval of the CUP per their resolution No. 17-78. The one condition proposed to be imposed is that the permit shall be approved for this applicant only. That is, if the business should change hands, the new owner would be required to reapply for a permit. -.. CM-35-152 April 3, 1978 (CUP Application - Cont'd) CM STALY MOVED TO APPROVE THE CUP WITH THE CONDITION THAT THE PERMIT IS ISSUED FOR THIS APPLICANT ONLY, SECONDED BY CM DAHLBACKA. MOTION PASSED 4-1, CM KAMENA ABSTAINED. P.C. REPORT - CONDOMINIUM CONVERSIONS The City Council had requested a report from staff regarding condomi- nium conversions. The Planning Director reported that presently condominium conversions are allowed in the RG Multiple Family District subject to a number of requirements. It was recommended to Council that this section be deleted and that only a definition of condominium conver- sion be retained in the Zoning Ordinance. It was also suggested that the processing of a condominium conversion be provided for in the Subdivision Ordinance. This would standardize the procedure so that it would apply to all zones rather than simply in the RG District. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE STAFF WAS INSTRUCTED TO DRAFT AN ORDINANCE WITH THE RECO~~ENDED PHYSICAL IMPROVEMENT STANDARDS AND TO PROVIDE REQUIREMENTS FOR MAIN- TENANCE OF COMMON AREAS. PROPOSED ZONING ORDINANCE MAP AMENDMENT A report was submitted by the Planning Commission relative to Zoning Ordinance Map amendment for property south side of First Street, east of portola and west of lots fronting Trevarno Lane. The amendment will rezone the subject property from I-I (Low Intensity Industrial) to CS (Commercial Service) District. The Planning Commission con- ducted a public hearing on February 28, 1978, and recommended to Council the adoption of the proposed rezoning. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, A PUBLIC HEARING WAS SET FOR APRIL 24, 1978, BEFORE THE CITY COUNCIL TO REVEIVE PUBLIC INPUT ON THE PROPOSED REZONING. RESIDENTIAL DEVELOPMENT POLICY The Planning Director submitted a schedule for Residential Development Policy to the Council as had been requested. Mr. Nies anticipated that the Planning Commission could provide an outline recommendation to the Council by the latter part of May. If the outline is accept- able to the Council, then the Commission could develop a more detailed recommendation within four months for Council comment. After some discussion between the Council and Mr. Nies it was generally agreed that the schedule is of highest priority and that the Planning Commission should try to reduce the time scheduled for this project. INSURANCE COVERAGE - LAS POSITAS GOLF COURSE The City Manager reported that our insurance premium for coverage at the Las positas Golf Course has remained static over the past three years, but our local agent reports that an increase may be necessary beginning with the new policy year, April 1, 1978. CM-35-l53 April 3, 1978 (re Golf Course Insurance) The City's agent, M. E. Callaghan Insurance, reported that our present insurance carrier, The Insurance Company of North America, advised his office that they would not be in a position to write the entire amount of insurance and would have to limit their participation to 50% of the values now insured. Since it is more economical and practical to have coverage under one insurer, the agent investigated coverage with a number of other carriers. The Travelers Insurance Company showed the strongest interest and has agreed to carry the insurance for the golf course with one exception - loss of income coverage, which amounts to $274,000., Fire & Earthquake. That coverage has been accepted by the Commercial Union Insurance Company. The City Manager recommended that the Council award the insurance coverage as stated above. ON MOTION OF CM ~1ENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, INSURANCE COVERAGE FOR LAS POSITAS GOLF COURSE WAS AWARDED AS RECOMHENDED. LEAHY SQUARE SURVEY The Social Concerns Committee submitted for Council approval several recommendations regarding community concerns highlighted as a result of a survey conducted at Leahy Square which included such services as legal, youth and family, employment training programs, income, maintenance, housing, recreation, counseling and senior citizens. The Social Concerns Committee is willing to formulate an Action Plan to achieve these objectives. The Council discussed some possibilities of reaching these goals as well as how best to determine the effectiveness of the large volume of work which would go into this project. The Council agreed that a firm follow-up plan would need to be included. ON HOTION OF CM STALEY, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE SOCIAL CONCERNS COMMITTEE WAS INSTRUCTED TO FORMULATE A PLAN OF ACTION AND INSTITUTE A FIRM FOLLOW-UP PLAN. HOUSING TASK FORCE - APPOINTMENTS The agencies proposed to be represented on the Housing Task Force, as per Council instructions, were solicited for the nomination of three members from each organization, from which the Council would select representatives to compose the Task Force. The appointments were made as follows: Lynne Thomson, League of Women Voters: Neil Riley, Planning Commission: Rae Dorough and Ginny Watchempino, Social Concerns Committee: Julia Collins, Interfaith Housing Inc.; Clarence Hoenig and Gerald Richards, Housing Authority. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE APPOINTMENTS TO THE HOUSING TASK FORCE WERE APPROVED. MULTI-SERVICE CENTER LEASES Five leases have been drawn up for prospective tenants for the Multi- Service Center. A short discussion period followed regarding City responsibility to lease terms such as furnishings and insurance coverage. It was explained that the City would provide a minimum of furnishings in those spaces leased by two or more agencies on a share basis. Insurance coverage is the responsibility of the lessee. '- CM-35-154 April 3, 1978 (re Multi-Service Leases) ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, FIVE LEASES FOR THE MULTI-SERVICE CENTER WERE AUTHORIZED FOR EXECUTION. RESOLUTION NO. 78-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (GOOD SAMARITAN) RESOLUTION NO. 79-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (HORIZONS) RESOLUTION NO. 80-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (FAMILY SERVICE OF THE EAST BAY) RESOLUTION NO. 81-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (ECHO) RESOLUTION NO. 82-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (CONSUMER CREDIT COUNSELORS) Further leases for remaining spaces are under negotiation at this time. EXAMINATION PROCESS - POLICE CHIEF A report was presented to the Council outlining an examination process for the selection of a police chief. The process will include an assessment center selection of a group of 8 to 10 finalists who would then appear before an interview panel of two Councilmembers, the City Manager and two invited professional technicians. From this group two, perhaps three, candidates would be requested to appear for a private interview by the City Council. The final selectee will be asked to participate in both a polygraph screening and psychiatric interview. The Council generally agreed that this process was satisfactory. The City Manager pointed out that Councilmembers were welcome to sit in as an observer on any phase of the processing before they are involved in the selection. The Council selected Mayor Turner and CM Staley as the representa- tives in the selection process. INSULATION ORDINANCE - COMPUTER CALCULATIONS A few months ago a proposed ordinance was discussed by the City Council. The ordinance would require R-19 attic insulation for all homes at time of resale. The Energy Committee was asked to study the proposal and make recommendations regarding cost effectiveness and standards. In order to carry out this charge, the Committee has been working on setting up and running a computer program at the Lawrence Livermore Laboratory. The Lab agreed to donate the time and equipment to do the necessary runs, however, with other work priorities it will be at least three months, maybe longer, before the runs can begin. CM-35-155 April 3, 1978 (re Insulation Calculations) As an alternative Mr. Russell Mowrey, Engineering Assistant, has agreed to do the work as a community service for a cost of $200. It is recommended that the Council approve the expenditure of $200 for the computer work in order to reach a timely conclusion to this matter. ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA, IT WAS MOVED TO APPROVE THE EXPENDITURE OF $200 FOR COMPUTER CALCULATIONS. Cm Ebert stated that he does not agree with the requirement to insulate since he feels this is an abridgement of human rights. MAIN MOTION PASSED 4-1, CM EBERT DISSENTING. G.E. VALLECITOS PLANT A letter was drafted for Council approval to the Nuclear Regulatory Commission. The letter stated the concern of the City Council on behalf of the community that the shut-down of a portion of the plant caused the unemployment of hundreds who reside in Livermore. The letter urged the Commission to conclude its investigation without further delay, and expressed the hope that the facts of the investigation will result in the full reactivation of the G.E. Vallecitos plant. PRIVATE HEARING REQUEST JOHN E. BRADY A request was received from Operating Engineers Local Union No. 3 on behalf of John E. Brady for a private hearing before the City Council regarding his dismissal from the Police Force. The date of April 11, 1978, was tentatively set since the City Attorney advised the Council that he understands Mr. Brady would like an extension of the time limitation for the hearing. The Council instructed the City Attorney to have Mr. Brady request an extension in writing and the date of the hearing would be set accordingly. M1ENDMENT TO LIVERMORE GENERAL PLAN The Planning Commission has initiated amendment of the Livermore General Plan by the proposed amendment of the Land Use Element, the Circulation Element and the Phase Development boundaries. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE A RESOLUTION AMENDING THE LIVERMORE GENERAL PLAN WAS ADOPTED. RESOLUTION NO. 34-78 A RESOLUTION AMENDING THE LIVERMORE GENERAL PLAN RECESS Mayor Turner called for a brief recess after which the Council meeting resumed with all members of the Council present. C1\1-35-156 1 I-'c;t> oc;t> Cf)G:l H I trJ;t> 1-" CIl n t:1 CIl n ;; ~ . ~t;d .0 (1) rt (1) rt ~ 1-" ::r' 1-" ~trJ 1-" n 0 III '0 0 t3~Cf) :::d.o p..1-'::l <: III ::l (1)C CIl 0 (1) 1-" ZI:""'~ n > CIl I\.) ::l I-' ;t> ;t> ~ ~ (1) III rt ::o'1j~ p.. 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'm 1-'. o PJ ri- ..... o ::; CIl '-' April 3, 1978 AIR QUALITY r.mINTENANCE ENVIRONHENTAL ]\1ANAGEMENT PLAN Lengthy discussion ensued regarding the proposed changes of the Air Quality Environmental Plan. The changes as proposed are in- cluded on the attached work sheet. CONSENT CALENDAR RESO. - Safer Off-system Road Program The Council adopted a resolution regarding the Federal Highway Act of 1976 providing funding for the "Safer Off-System Roads program." The resolution provides the formula for distribution for the funding in Alameda County. The proration of funds being proposed is the same as adopted by the City Council last year. RESOLUTION NO. 85-78 A RESOLUTION APPROVING THE FORMULA FOR DISTRIBUTION OF THE SAFER OFF-SYSTEM ROADS PROGRAM FUNDS. Resolutions - Appointments to various Boards & Comm. The Council adopted resolutions appointing members to the Library Board, Design Review Committee and the Housing Authority. RESOLUTION NO. 86-78 A RESOLUTION FOR APPOINTMENT TO THE LIBRARY BOARD (Terrence Fox) RESOLUTION NO.87-78 A RESOLUTION APPOINTING MEMBER TO DESIGN REVIEW COMMITTEE (Randy Schlientz) RESOLUTION NO. 88-78 A RESOLUTION FOR APPOINTMENT TO THE HOUSING AUTHORITY (Sheila Donahue) Reso. - Rejecting Claim The Council adopted a resolution rejecting the claim of James Roberson and Linda Silveira alleging emotional distress. RESOLUTION NO. 89-78 A RESOLUTION REJECTING CLAIM OF JAMES ROBERSON AND LINDA SILVEIRA. Reso. - Establishing Fringe Benefits The Council adopted a resolution establishing fringe benefits for the City Council. This matter was continued from the last meeting. RESOLUTION NO. 90-78 A RESOLUTION ESTABLISHING FRINGE BENEFITS FOR CITY COUNCIL. CM-35-157 April 3, 1978 Reso. - Auth. Budget Amend. re Murrieta Bikeway The Council adopted a resolution authorizing a budget amendment for the acquisition of property for the Murrieta Bikeway. RESOLUTION NO. 91-78 A RESOLUTION AUTHORIZING BUDGET AMENDMENT. Planning Comm. Minutes 2/28 and 3/7/78 The minutes of the Planning Commission Meetings of Feb. 2, and March 7, 1978 were noted for filing. APPROVAL OP CONSENT CALENDAR ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. MATTERS INITIATED BY THE STAPF (Appeal re Del Valle Tennis Club) The Planning Director commented that previously the Council had indicated that the Del Valle Tennis Club did not attach a condition to the approval at the County Zoning Administrator's level and they would like to appeal that. Mr. Nies indicated that the tennis club did not require improvements on Concannon Blvd. and secondly, did not require a hook-up to the City's system. Therefore, they would like to file an appeal with the County Board of Supervisors. The Council directed Mr. Nies to file the appeal. (Crossing at Murrieta & Railroad Tracks.) Cm Staley had inquired regarding the Crossing at ~1urrieta Blvd. and the railroad tracks. The crossing has been examined and although uncomfortable because of the elevation of the tracks just off Stanley, it is in pretty good condition and will be left as it is. (Letter from ACTEB/ ACAP) The City Clerk brought to the Council's attention a letter from ACTEB/ACAP concerning our request re the transfer of some activities to the LARPD for the Housing Authority Recreation Program. The City Clerk wanted Cm Staley, the City's representative to ACTEB/ACAP, to be aware of our request and the letter. (re Meeting w/Supr. Raymond re Discreet Sewer System Policy) Mr. Parness, City Manager, initiated the idea of a meeting with Supervisor Raymond on the Discrete Sewer System Policy. Mayor Turner is of the opinion that they should talk to Supr. Raymond as well as other people concerning their position on package sewer treatment plants in the valley. There seems to be growing pressure for that service and the Regional Water Quality Board is going to render some type of position in April. CM-35-158 April 3, 1978 (re Discrete Sewer System) The Council gave its approval of Mayor Turner working with Candace Simonen, of the P.C., to work up a presentation for other agencies. Ms. Simonen agrees that other agencies should be contacted concerning their position on the Discrete Sewer System. Mr. Parness will set up a meeting with Supervisor Raymond for Mayor Turner and Candace Simonen, P.C. Chairperson. (re Valley Volunteers Bureau) The City Manager reported that the Valley Volunteers Bureau is re- questing a letter be sent by Mayor Turner asking that the agency be given consideration by the Membership Committee of the united Way for partial funding. The Council concurred, directing Mayor Turner to sign such a letter. (Alameda County Mayor's Conference) Mr. Parness reported that the Alameda County Mayor's Conference is having its final Mayor's Conference Study Committee Meeting on the ABAG Environmental Management Plan on Wed. April 12, 1978, from 2 to 4 p.m. at the Hayward City Hall. The ABAG general assembly delegates and alternates are urged to attend. The City's represen- tatives, Cm Dahlbacka and Kamena are planning to attend. Also, the Alameda County Mayor's Conference is conducting a seminar on the subject on the 19th of April for the purpose of all council- members to attend. The seminar will be from 3 to 6 p.m. in the Community Center in Union City. MATTERS INITIATED BY THE COUNCIL (re Agenda Packets) Cm Ebert would like to see two changes on the agenda packets. The first being a summary sheet attached to every item for the Council's consideration. The summary sheet to contain 5 areas: a synopsis of the item: an impact statement: costs: the source of any funding: and any recommendations by the staffmember preparing the item. Also, inclusion of an executive summary. The second item is having the packet tabbed. (re ESIS Reports) Cm. Ebert inquired about a 30 day report due from ESIS and was told that the matter is being looked into and the report would be forthcoming. (re Letter to LARPD) Cm Dahlbacka suggested writing a letter of commendation to LARPD for the beautiful condition of the Sycamore Grove. The Council concurred. (re Class on Home- ownership) Cm Staley commented on a letter advising of a class on Home-ownership of moderate and low income families. He isn't planning on attending but hoped the letter could be passed on to the P.C., who is working on that issue, to see if any of them would like to attend and maybe some- one from the Housing Authority. (re City Insurance Reports) Cm Staley recalled the recent vote for $300,000 for liability insurance and would like not to be as unprepared next year. One option that might Ct-1-35-159 April 3, 1978 (re City Ins. Report - con't) be evaluated is a completely self-insured program. Mr. Parness agreed that this could be looked into and a report brought back to the Council. Cities of a comparable size could be contacted for a report on their accomplishments in this subject. The insurance question will be made an agenda item with ample time for consideration. (re Census of City) Also, there will be a census in the next year or so and Cm Staley would like to know at what point we would qualify for over the 50,000 population mark. What advantages and disadvantages would there be at the state and county levels? Maybe the staff could report back. In his recent visit with Congressman Stark, the Congressman agreed to investigate it at the Federal level with regard to Revenue Sharing, Federal Grant funds, etc. (No Smoking Ordinance) Mayor Turner brought up the No Smoking Ordinance. The Council directed the staff to make a report and make the report an agenda item. It was suggested that the Berkeley No Smoking Ordinance recently enacted, might be a good place to start. Mayor Turner announced that the League of Calif. Cities is having a meeting for new mayors and councilmembers. The Council and City Manager agreed that the meetings could be beneficial. Scheduled for May 3, 4, and 5th, at the Sheraton Harbor Island in San Diego Mayor Turner, Cm Ebert and Dahlbacka would like to attend. (reso. for retirement of San Leandro Mayor) Mayor Turner suggested and the Council agreed to have a resolution drawn up commending the 20 years of service of the retiring San Leandro Mayor, Jack Maltester. Resolution to be on next week's agenda. ORD. AMEND. RELATING TO CENTRAL AREA ON MOTION OF CM STALEY AND SECONDED BY ~1AYOR TURNER AND BY UNANIMOUS VOTE THE ZONING ORDINANCE AMENDMENT RELATING TO THE CENTRAL AREA AND CHANGES MADE RESULTING FROM A RECENT PUBLIC HEARING WAS ADOPTED. " ORDINANCE NO. 944 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE, BY AMENDING SECTION 3.00 THEREOF, RELATING TO ZONING. (Central Area) ORD. AMEND. TO CO COMMERCIAL OFFICE DIST. ON MOTION OF CM STALEY AND SECONDED BY MAYOR TURNER AND BY UNANIMOUS VOTE, THE ZONING ORDINANCE AMENDMENTS TO CO COMMERCIAL OFFICE DIST- RICT: SITE REQUIREMENTS, WAS ADOPTED. ORDINANCE NO. 945 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, RELATING TO ZONING, OF THE CITY OF LIVERMORE BY THE AMENDMENT OF CHAPER 13.00, RELATING TO COMMERCIAL OFFICE DISTRICT, TO ALLOW MULTIPLE-RESIDENTIAL USE AS CONDITIONAL USE; AMENDING CHAPTER 21, RELATING TO SPECIAL PROVISIONS, BY THE AMENDHENT OF SECTION 21.43, RELATING TO MINIMm1 OFF-STREET PARKING REQUIREMENTS, AND SECTION 2l.46h, RELATING TO SHADE TREE REQUIREMENTS. CM-35-160 April 3, 1978 CITY MANAGER'S STATUS REPORT P. St. & Railroad Traffic Signal The traffic actuation process has been installed at the P. St. and Railroad Ave. Traffic Signal. Hexcel Co. Water Line The Hexce1 Co. water line now is completed. There was a variation that will assist them significantly and we were able to work out an arrangement with the residences along Trevarno Rd. at the same time. First St. Overhead Program At a staff meeting with CAL-TRANS to improve timing, have been assured every effort is being made to get the First St. Overhead project under- way at the earliest time. No reason given for the delay. Library Expansion The first meeting with the architect is set for tomorrow to discuss the expansion plans of the Library. Dog License & Population The firm manufacturing our dog licenses has come up with a formula and found it fairly accurate. That is, the dog population is roughly 16% of the people population, and of that, 10% should be licensed. That would give us approximately 8,000 dogs and of those 6,000 are licensed. That is a larger percentage than other comparable communities and a fact we should be proud of. Police Dept. In a concentrated effort this week-end the Police Dept. picked up 25 improperly placed real estate signs. Also, two week-ends ago there was some success with the illegal motor- cycling in and around the city. House at 7th & East Ave. The house at 7th and East Ave. has been removed successfully and al- though there are no funds in the current budget to improve the land this could be done next year. An item on next week's agenda indicate an interest in the property by the condominium builders on the next property over. Leahy Square The speed bumps are about to be placed in Leahy Square. Holmes/Vancouver Traffic Signal The Traffic signal construction at Holmes and Vancouver will start in two weeks. Second & L Traffic Signal Bids will open tomorrow on the 2nd & L St. Traffic Signal. WRP The Water Reclamation Plant expansion will be completed-rn December. Police Work It should be noted that the Police did an excellent job recently during a robbery in process, apprehending all those involved. Good Work. Transportation Center Property The City will complete the purchase of all the parcels in the 12 acres of Transportation Center property in two days. CM-35-16l April 3, 1978 ADJOURNMENT There being no further discussion, the Council meeting was adjourned at 11:15 p.m. APPROVE - 7 ATTEST (' ....jI~ ",-City Clerk ivermore, California Regular Meeting of April 10, 1978 A regular meeting of the Livermore City Council was held on April 10, 1978, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Turner at 8:03 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 - 3/20/78 P. 113, third subject title should read: CONTINUED P.H. RE ZONING AMENDMENTS FOR CENTRAL AREA ELEMENT. P. 114, sixth paragraph, delete the words FOR THE CENTRAL AREA ELEMENT in the first two lines. P. 131, first paragraph should be changed to read: It should be noted that the resolution of Navlet's Garden Center should in- clude that the matter of access from Stanley Boulevard was tabled. ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE MINUTES FOR THE ~1EETING OF APRIL 10, 1978 tVERE APPROVED AS A..MENDED. C!'-1-35-162 April 10, 1978 OPEN FORm1 (Rodeo Parade) Chuck Anderson, Rotary Club member, stated that the Rotary Club wishes to operate the annual rodeo parade with support from the City for police services, clean-up services and other services previously supplied by the City. The City Attorney stated that he had been in touch with our insurance agent, Mr. Gene Morgan, and he is preparing a policy which would name the City as co-insured and that the cost would be reasonable. A representative from Gene Morgan's office explained that a policy has been drawn up and is ready to be put into effect whenever the City is ready. Mr. Anderson restated the Rotary Club's request in that they want the City to appoint the Rotary as a committee with the City sponsoring the event and furnishing the necessary services. The matter of sponsoring the parade and providing the services was referred to staff to be worked out with the Rotary Club. The Council requested that a decision be reached by the next meeting on April 17. (Protest - Discoteque) Thomas Virgini, owner of Valley Inn, expressed his protests regarding a variance to operate a discoteque next door in the old firehouse at 2365 First Street. This matter is on the agenda under Item 4.4, Planning Commission Summary of Action. Cm Dahlbacka stated that he will appeal the variance and therefore it would not be necessary for Mr. Virgini to submit his appeal. (Police Department) James Webb, 3926 Pestana Way, expressed his concern that the policy of the Police Department has been changed regarding strip searching. He commented that he feels the police need this potection and is against changing the policy. Mayor Turner explained that the department has not been entirely relieved of strip searching under certain conditions. (Business Conditions) Gurnam Sidhu, 1533 Vancouver Way, stated that he feels business conditions in the City of Livermore are very bad. He suggested that a committee be appointed to work with the staff on this matter to try to improve the situation. Don McAllister, 1032 Aberdeen, commented that he supports Mr. Sidhu's views on the business conditions in Livermore. Mr. McAllister stated that he owns and operates an advertising agency and is concerned with product, image, etc. He said Livermore has a "cow-town" image and does not feel it represents Livermore. He said he has suggested to his clients at times to move or expand their business in Livermore. The clients are receptive to Dublin area but not to Livermore. He compared Livermore to Walnut Creek and stated that they were able to bring in large department stores and set up a retail base that was very lucrative to Walnut Creek. He suggested that Livermore take some positive action soon before the Stoneridge shopping center becomes a reality. Mayor Turner and other members of the Council stated that they would be very willing to meet with Mr. Sidhu and Mr. McAllister to discuss this matter further. CH-35-163 April 10, 1978 P.H. - W.P. RAILROAD FRANCHISE Mayor Turner explained that this is a public hearing to receive comment for or against granting to W.P. Railroad a franchise, and that this item is related to Item 7.1 of the agenda, the introduction of an ordinance setting forth the boundaries involved in the franchise. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, ITEM 1.1 WAS COMBINED WITH THE ORDINANCE ITEM, 7.1. The public hearing was opened for public comment. There being no public comment, the Mayor asked for a motion to close the hearing. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE THE PUBLIC HEARING WAS CLOSED. No discussion by the Council followed and the Mayor asked for a motion on the ordinance. ON MOTION OF Cr1 STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE AN ORDINANCE GRANTING A FRANCHISE TO WESTERN PACIFIC RAILROAD COMPANY WAS INTRODUCED AND READ BY TITLE ONLY. P.H. - ZONING ORD. AMENDMENT The public hearing was opened for receiving comments on the proposed text amendments to the zoning ordinance, Chapter 9.00 (CS - Commercial Service District) and Chapter 12.00 (CG - General Commercial District). No public comments were made. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED AND THE STAFF DIRECTED TO PREPARE AN ORDINANCE AMENDMENT. P.H. - ZONING ORD. AMENDMENT The public hearing was opened to receive comment on the proposed text amendments to the zoning ordinance, Section 21.70, regarding signing - open area and apartment/condominium. There was no public testimony. ON MOTION OF CM DAHLBACKA, SECONDED BY MAYOR TURNER AND BY UNANIMOUS VOTE THE PUBLIC HEARING WAS CLOSED. ON MOTION OF CM STALEY, SECONDED BY ~1AYOR TURNER THE STAFF WAS DIRECTED TO PREPARE AN ORDINANCE AMENDMENT. Discussion among the Councilmembers followed regarding the size of signs, etc. Cm Kamena commented that he feels a business needs a sign that is appropriate for the size of the building. Cm Dahlbacka stated that he feels identification is the same whether it is small or large. MOTION PASSED 3-2, CM EBERT AND KAMENA DISSENTING. ,I -_/ CM-35-l64 April 10, 1978 COMMUNICATION RE 911 SYSTEM A letter was received from the City of Albany urging our Citv Council to communicate with the Board of Supervisors that there be no delays in the implementation of the 911 System and that the System be made operational as soon as possible. Some discussion followed regarding the effect of Jarvis-Gann issue. Cm Kamena stated that he supports the view of the City of Albany in that the 911 System is a positive improvement in the delivery of governmental services and if the Jarvis-Gann measure passes and our City services are reduced, the system would be vital to the City. ON MOTION OF CM DAHLBACKA, SECONDED BY MAYOR TURNER AND BY UNANIMOUS VOTE THE COUNCIL MOVED TO SUPPORT THE CITY OF ALBANY IN THEIR REQUEST AND URGE IMMEDIATE IMPLEMENTATION OF THE 911 SYSTEM. COMMUNICATION RE CHRISTMAS DECORATIONS A request was received from the Beautification Committee regarding the need for a permanent sponsor for the Christmas decorations each year. The Beautification Committee recommended that the Chamber of Commerce be selected to sponsor on a permanent basis the maintenance, repair, installation, and storage of the decorations. The matter was referred to the staff for a report and recommendation with a report-back date of two weeks. COMMUNICATION - ECHO A report was received from ECHO stating the number of homes weatherized in Livermore as of March 28, 1978. Three homes have been insulated and weatherstripped and two home weatherstripped. Cm Kamena expressed disappointment in the samll number of home weatherized considering the length of time the program has been in effect. He suggested ECHO be contacted to determine why more homes are not being done under this program. BUSINESS LICENSE REFUND CHAMBER OF COMMERCE Mayor Turner explained that this item was continued from the last meeting regarding the request from the Chamber of Commerce for a refund of business license tax paid to the City from proceeds the Chamber received from the Foley and Burke carnivals. The City aanager pointed out that an error in calculating the total business license paid by the Chamber had been made since there were two carnivals last year and this had not been taken into consideration. John Strong, Manager of the Chamber of Commerce, also pointed out that they had made a miscalculation in their request and that the exact refund being requested is $2075. Mayor Turner inquired if the license was issued to the Chamber of Commerce or to Foley & Burke Carnival. Mr. Parness replied that the license was issued to Foley & Burke. em Dahlbacka stated that other non-profit organizations are becoming concerned about this issue and he feels an interpretation of the ordinance is needed. He also commented that he thinks the whole issue of non-profit organizations be reconsidered and would be willing to consider an ordinance amendment in the future. Ken Nather, 654 Calienta Avenue, spoke opposing non-profit organizations bringing in packaged shows and presenting them as non-profit organization functions. CH-35-l65 April 10, 1978 (Refund - Chamber of Commerce) Mayor Turner reminded Mr. Nather that the issue in question is the request for refund and not the type of program which was used. Gordon Smith, 5262 Irene Way, stated that he feels the ordinance needs clarification so that educational activities and other such organizations will not have to pay a business license fee in the future. Cm Kamena spoke at length regarding his understanding of the ordinance and the reasons he feels the refund should be made to the Chamber of Commerce. He stated that tax exempt organizations are permitted to have fundraising events without paying a business license tax, and that the request of the Chamber is technically in accord with this ordinance. He pointed out that the arrangement between Foley & Burke and the Chamber was that 20% of the gross revenues before overhead and expenses was for sponsorship of the event and that it was indeed sponsored by the Chamber and that he found it quite proper to exempt the non-profit organization from their share of the net revenues. CM KAMENA MOVED TO REFUND $2075 TO THE CHAMBER OF COMMERCE FOR THOSE MONIES INAPPROPRIATELY COLLECTED BY THE CITY FOR BUSINESS LICENSE TAXES, SECONDED BY CM STALEY. Cm Dahlbacka stated that he felt Cm Kamena's op1n1on was well thought out and presented, however, staff has indicated that there is no basis for a tax refund and that Section 12.8e clearly limits the exemption for non-profit activity in cases from which profit is not derived either directly or indirectly by any individual and only when the receipt derived is wholly for the benefit of such organization and not in whole or part for the private gain of any person. Cm Ebert inquired as to precedents which have been established in situations as this. Cm Kamena replied that the Police Association did not pay a business license tax with regard to the Sweetheart Ball, the Rotary Club did not pay for the Hel Tillis concert, the Livermore Cultural Arts has not paid a tax for concerts, the churches have not paid for their speakers and the Jaycees had never paid a tax for the air shows. Mayor Turner stated that based on Cm Kamena's statements it appears that the Chamber of Commerce did pay $2075 to the City of Livermore for business license tax. ~~ - ~A.--lj,_____ .. Without further discussion the motion was voted on. MOTION PASSED 4-1, CM DAHLBACKA DISSENTING. RESIDENTIAL GROWTH POLICY The continued discussion of Interim and Long Term Residential Growth Policy was referred back to the staff for a more concise report. PROPERTY SALE - EAST AVENUE & SEVENTH ST. -,...,:' A parcel at the Southeast corner of Seventh St. and East Avenue was purchased by the City recently so that the East Avenue frontage CM-35-166 April 10, 1978 (Property Sale - East Ave. & Seventh St. Cont'd) could be widened and improved with the balance of the thoroughfare. The remainder of the parcel is 5,090 sq. ft. There is no foreseeable public use for this property. The developers of the parcel south of the site have indicated an interest in its acquisition. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE THE STAFF WAS INSTRUCTED TO UP-DATE THE APPRAISAL AND THE CITY ATTORNEY INSTRUCTED TO DETAIL THE METHOD TO BE USED IN THE SALE. PROPERTY PURCHASE - FIRST ST. OVERHEAD This purchase pertains to the widening of East First Street and is part of the First Street overhead project. The Council was requested to authorize execution of a sale agreement. ON MOTION OF CM Kk~NA, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE THE COUNCIL AUTHORIZED EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF LIVERMORE AND MARTIN J. O'LOONEY JR., MARY A. O'LOONEY FOR A CONTRACT FOR SALE OF REAL PROPERTY DATED MARCH 29, 1978. RESOLUTION NO. 92-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (0 'LOONEY) BID AWARD - SO. "L" ST. SIGNAL INSTALLATION Bids were solicited for the installation of a traffic signal at Second Street and So. L Street. Three contractors responded. The overall low bid was submitted by C.V.E. Incorporated in the amount of $34,200. ON MOTION OF MAYOR TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE THE BID WAS AWARDED TO C.V.E. INC. RESOLUTION NO. 93-78 A RESOLUTION AWARDING BID (C.V.E. INCORPORATED) P.C. SUMMARY OF ACTION - April 4, 1978 Cm Dahlbacka stated that he wished to appeal Item 6.1 of the Planning Commission Summary regarding the variance for a disco operation at the old firehouse at 2365 First Street. CONSENT CALENDAR Reso. - Notice of Comple- tion RESOLUTION NO. 94-78 A RESOLUTION AUTHORIZING ACCEPTANCE OF WORK AND AUTHORIZING AND DIRECTING THE RECORDING OF NOTICE OF COMPLETION RE EAST FIRST STREET OVERHEAD PROJECT NO. 75-5, PHASE I CIvl-35-l67 April 10, 1978 Reso. Duties & Responsibilities - Industrial Advisory Board RESOLUTION NO. 95-78 A RESOLUTION AUTHORIZING ADOPTION OF DUTIES AND RESPONISBILITIES FOR THE INDUSTRIAL ADVISORY BOARD Reso. - CUP 1171 Murrieta Boulevard RESOLUTION NO. 96-78 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (LEGAL RESEARCH AND INVESTIGATION SERVICE) Report - Municipal Court The monthly report for the apportionment of court fees, fines and forfeitures for the month of February, 1978, was noted for filing. P.C. Minutes - Narch 21, 1978 The Planning Commission minutes for r1arch 21, 1978, were noted for filing. Payroll & Warrants There were 142 warrants in the amount of $143,769.56, dated March 30, 1978, and approved by the City Manager. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM KAMENA, SECONDED BY CM STALEY fu~D BY UNANIMOUS VOTE THE CONSENT CALENDAR WAS ADOPTED. ~t should be noted that CM Kamena abstained from voting on the resolution approving a conditional use permit for the legal research and investigation service, Resolution No. 96-78, due to a business relationship. ~mTTERS INITIATED BY THE STAFF (Conditional Use Permit Procedure) Mr. Gorland, Community Development Director, stated that the Conditional Use Permit procedure is creating problems with the attraction of business and industry. As a result of this he has made a recommendation to Planning to broaden the range of uses and spell out the uses in the ordinances so that businesses do not have to go through the use permit procedure. The Council requested Mr. Gorland to submit a written report on his recommendations to bring about these changes more quiCkly. CM-35-l68 April 10, 1978 (First Street Overhead) Cm Dahlbacka stated that he drove upon the First Street Overhead to take a look at the entrance and found it not very appealing to see the warehouses, etc. as the first thing you see as you drive into Livermore. He is concerned as to how this problem is going to be resolved. He requested a report from the Public Works Director regarding the aesthetics of the entrance and how it can be resolved. (Agenda - Reorganization) Cm Ebert reported that he feels some items brought up by the staff and Councilmembers are of interest to the citizens and suggested that the City Manager's report be listed earlier on the agenda. This item will be on the agenda next week for discussion. (Annexations) Cm Staley inquired about a study regarding annexations of 100 acre parcels. Howard Nies reported that the Planning Commission has had a work session on this matter and will be reporting to the Council soon. (Council Meetings) Cm Dahlbacka reported that he will be away on business for Council meetings scheduled for April 17 and Hay 1, 1978. (Police Chief Selection) Mayor Turner stated that he would like to see the City name a new Police Chief by May 15. Mr. Parness reported that this is, of course, a very high priority item, however, there is a great deal of work required in the process steps. Also, there has to be a reasonable amount of time between the process steps, such as the examination, assessment center and oral interviews. It is hoped the examination phase will be completed by mid May, then follows the reference checking. It is anticipated the City can name a person who has accepted the position by June 1. Mayor Turner commented that he feels there has been an unnatural number of complaints against the Police Department since January. He said he personally feels the department is doing an excellent job considering the stress they have been under lately. A public statement prepared by Mayor Turner was distributed to the press. ADJOURNMENT t1AYOR TURNER ADJOU~~1W--THE MEET4iNG'\AT 10 :55 (' ) APPROVE -- C-- ---z, ~ - , r-1ayor /\ / '~' /-1 ~/ ;/ ATTEST (~" )Z.,~-0..-R______ ( v' - City Clerk Livermore, Callfornia P.M. r ---- -.,. CM-35-l69 Regular Meeting of April 17, 1978 A regular meeting of the Livermore City Council was held on April 17, 1978, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:07 p.m. with r1ayor Turner presiding. ROLL CALL Present: Cm Ebert, Kamena, Staley and Mayor Turner Absent: Cm Dahlbacka (excused for business) PLEDGE OF ALLEGIANCE Hayor Turner led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. OPEN FORUH (Multi-Service Center) Carol Pitzer, 734 Carlos St., introduced herself and the other members of the Delta Theta Tau Sorority. Donna Hoffa, president of the Sorority, presented a check for the Multi-Service Center in the amount of $500 for new furnishings. Mayor Turner thanked the members of the Sorority and suggested they contact the City Manager if they had any specific suggestions concerning the furnishings. (Chamber of Commerce refund) John Strong, 1850 Perry Way, manager of the Livermore Chamber of Commerce stated that he understood nayor Turner had instructed the City staff not to issue a check for $2,075, refund on Business License Tax to the Chamber. On behalf of the Chamber he would like clarification from the Hayor. As long as the Council had voted 4-1 in favor of the refund, what authority did Mayor Turner have to ask Staff not to issue the check? Mayor Turner replied that there had been a misunderstanding with the City Manager's secretary. He had not asked to stop the check, just that he had some questions. He didn't have the authority to stop the check. Mayor Turner felt that this item should not be discussed at this time. The item is scheduled to come before the Council in the next couple of weeks and should be discussed then. In the normal course of action, the check will come before the Council as a warrant on the Consent Calendar and will need another affirmative motion at that time. Hayor Turner would prefer to wait for further discussion until then. AGENDA ITEM OUT OF ORDER It was suggested that, since Item 3.5 has some younsters involved, that item be taken out of order so they could return home at a reasonable hour. A MOTION BY 01 STALEY, SECONDED BY CM KA~mNA, TO MOVE ITEM 3.5 TO COME ,AFTER PUBLIC HEARINGS, WHICH WAS PASSED BY UNANIMOUS VOTE. BEAUTIFICATION COMM. RE MEMORIAL TREE The Beautification Committee recommends a tree be planted along the Arroyo Bikeway in memory of Mrs. Anne Malley, longtime Livermore CM-35-170 April 17, 1978 (re ~emorial Tree) resident. Mrs. Malley had befriended children using the Arroyo and two of these children, Ronnel' and Eddie Pasch, initiated the suggestion for a memorial for Mrs. Malley. The Beautification Committee will plan and arrange for the ceremonial planting of the tree and the tree will be marked on plans and maps as a memorial. A MOTION TO ADOPT THE APPROPRIATE RESOLUTION BY CM STALEY, WAS SECONDED BY CM KAM.ENA, PASSED BY UNANIMOUS VOTE. Cm{~UNICATIONS (Letter from BART re bus stop) A letter bus stop Bob Lee. the site ation on from Robert S. Allen, Director of BART, concerning a being badly placed was turned over to Traffic Engineer, Bob Lee and a representative from A.C. Transit met at and after some investigation felt that the present loc- the south side of the intersection was the best location. Bob Lee suggested widening the south side of the intersection with enough width on the right side to accomadate the bus stop. Also, some additional paving would clear up mud conditions mentioned. In response to Council's questions, it was reported that the impact on the City would be minimal. Extensive work was not required and the job could be accomplished as a maintenance item. The Council recommended that the job proceed as soon as possible. REPORT RE RODEO PARADE SPONSORSHIP The City Attorney reported that the insurer was contacted and has agreed that the City is covered. Our "officers, agents and employees" section \'lOuld not include the Rotary Club unless we have a Contract of Indemnity with them. With a Contract of In- demnity, the Rotary Club \vould be covered by our policy for the day of the parade, acting as our agents. The City '1anager ,~lr . Parness, talked to the City insurance agent who looked into a policy of one million dollars worth of coverage for the Rotary Club for this purpose. Mr. Horgan, Insurance Agent, advised that this would be the thing to do. Hr. Morgan would contribute his commission to the Rotary Club and the premium would cost the City something less than $500 for the one day coverage. Further discussion pointed out that this would give the City double coverage with only a nominal deductible. The current insurance coverage of the City has a $2,500 deductible clause. Chuck l'mderson, 637 Caliente Ave, representative of the Rotary Club, stated that the Club was prepared to perform the duties involved with putting on the parade but did not have the re- sources to purchase the additional insurance necessary. He remarked that time \'las of the essence and the insurance was the only stumbling block as discussed at last week's meeting. The Councilmembers agreed to being in favor of the parade. Once off of the circuit it would be difficult to get people and par- ticipants to commit themselves. The parade has been a tradi- tion' and the City \vould dislike seeing it discont.inued. cr1-35-17l April 17, 1978 (Rodeo Sponsorship) The Rotary Club has plans in the future of trying to raise funds to establish a Parade Fund to help eliminate the current situation. In answer to questions, the City Attorney stated that the City would indemnify the Rotary and the City insurance would indemnify the City. It would be a two tier insurance type of thing. If we purchase the additional insurance their insurance would specify that the City was the co-insurer. The City would have the secondary policy to back up their policy. -.-. During the discussion Mr. Parness replied that he couldn't remember any large litigations in the past during the parade or any civic event. The cost to the City for in-lieu services would be approximately $1200. This is an outright expenditure for safety and clean-up costs after the parade. CM EBERT MOVED TO ASSUME THE RESPONSIBILITY FOR SPONSORING, ALONG WITH THE ROTARY CLUB, THE RODEO PARADE AND THE CITY PURCHASE THE NECESSARY PRIMARY COVERAGE UP TO $500 WORTH AND SUPPLY UP TO $1000 WORTH OF IN- LIEU SERVICES FOR THAT PARADE, SECONDED BY C~1 STALEY. Mayor Turner suggested not limiting the in-lieu services to $1000. MAYOR TURNER MOVED TO AMEND THE MOTION, THAT THE CITY WILL PROVIDE IN-LIEU SERVICES, WITHOUT PLACING THE DOLLAR LIMIT, SECONDED BY CM EBERT. Cm Staley commented that he was uncomfortable paying the $500 for the additional insurance coverage. He would be less uncomfortable taking a risk for the City and allowing an indemnity agreement. The City has other civic projects and why should the City choose to pay extra for the Rotary Club in this instance and not for other groups at other times. It did not seem a good idea to start that kind of precident. After some discussion concerning double coverage of insurance and would the Rotary pay the $2500 deductible, and the non-sponsoship of the Airshow, it was clarified that the Airshow was a fund-raiser and the parade is non-profit. Also, the City has been asked to sponsor the parade and were not asked in respect to the Airshow. It was suggested that the City use the joint sponsorship this year to set a track record and use that to set up a committee for the future parades. The Rotary Club is agreeable to performing their services and acting as a committee under the Council. em Ebert asked to withdraw his previous motion and make a new one. A MOTION THAT THE CITY ACCEP'r THE RESPONSIBILITY OF SERVING AS SPONSOR FOR THE RODEO PARADE, THE ROTARY CLUB TO ACT AS A Cm-1MITTEE TO OPERATE IT AND THE CURRENT CITY INSURANCE TO COVER THE EVENT WITH THE CITY TO PROVIDE THE ADDITIONAL SERVICES NECESSARY BY CH EBERT, WAS SECONDED BY CH KA~1ENA AND PASSED UNANB10USLY. There was no further discussion. C.U.P. RE NAVELET'S GARDEN CENTER A MOTION BY MAYOR TURNER TO BRING FROM THE TABLE THE ITE~1 OF NAVELET IS CENTER, SPECIFICALLY THE INGRESS/EGRESS ON STANLEY BLVD., SECONDED BY ..- C~ EBERT PASSED BY A UNANIMOUS VOTE. CH-35-l72 April 17, 1978 (re Nave1et's Center) A letter was received asking the Council to reconsider the question of vehicular ingress/egress on Stanley Blvd. for Navelet's Garden Center. Bert Berto1ero, managing owner of Navelet's, Inc., spoke of having tried to develop a workable plan and introduced the manager, a resident of Livermore. Brad Hirst, Leasing Agent, referred to the design plans presented at the Council meeting of r4arch 13th. He spoke of the time taken in planning the development of this property and that everything had been approved with the exception of this one item, the ingress and egress of vehicular traffic. They had a report submitted by a certified traffic consultant, in his opinion the development justified two driveways. They were now down to one driveway with an acceleration and deceleration lane. Also previously, the speed limit for that area had been quoted as 55 mph. it is now 45 mph. He, Hr. Hirst, hoped they could come to an agreement on the constr- uction improvements. Mr. Hirst quoted from the minutes of the March 13th meeting, p. 101, and went on to say that he felt the suggestion of an entrance from Stanley and an exit on Murde11 would not be a practical solution in this case. The need for the driveway to be on Stanley Blvd. is for the con- venience center. People have to see it and be able to get in and out easily and continue in the direction they were going for them to patronize the store. There is not enough of a consumer market south of Stanley and south and west of Murdell to support a convenience center. A drawing indicating a driveway approximately 265 ft. east of the intersection was presented. The driveway would line up with the traffic lane that serves the circulation pattern for the rest of the center. His notes indicate that the distance from the corner radius would be adequate for a 45 mph speed limit. The current proposal would move the bike lane into the area adjacent to the curb actually further from the motor traffic than now. An asphalt berm separates the traffic and would widen the bike lane from 10 ft to 15 ft. The construction of a 40 ft. driveway instead of 30 ft, with a five foot concrete safety island in the center would also provide additional safety for the bikers. After further discussion, Cm Staley commented that having Navelet's would be an asset but consideration of safety was necessary at that intersection and we do not want to create unsafe conditions. The drawing could be redesigned to allow sight from Stanley and the ingress/egress on ~1urdell. A motorist entering the driveway from inside the parking lot,on seeing the open area would normally slow down and stop before ~~xiting. Bikers should normally exercise caution when approaching an intersection a1so~ The nursery will operate on the site plan and a quick stop store is there also. This is asking people to drive 400 ft and park behind the building for a quart of milk. Will they do it? Lynn Thompson, League of Women Voters, read an excerpt from the General Plan -'shall prohibit commercial development fronting on the major streets which serve as major entrances to the community'. The League's position is that the requested entrances to Stanley would be in conflict with the General Plan and would require an amendment thereof. Cr1-35-173 April 17, 1978 (re ~avelet's Center) The Planning Director agreed to look into the Plan more fully. The City Attorney replied that zoning and actions under zoning have to be taken in conformance with the General Plan. If action taken is not in conformance that conformance becomes mandateable. Any citizen can bring an action at law to force the City to either amend the General Plan or bring it into conformance or void the land use approval that doesn't come in under it. -- A number of citizens, several of whom spoke before the Council pre- viously, expressed their desire to have the request denied. The unsafe conditions and the hazard to bikers, especially to the younger bikers in that area were discussed. They generally agreed that having a nursery would be desirable but even with a quick stop store on that site the driveway onto Stanley would be adding undesirable conditions. The example of bikers on their way to and from Shadow Cliffs, especially during the summer, was stated and the fact that most bicyclists don't slow down at driveways. Also, the majority of motorists turning right from the right hand lane do not always look back or check to the right. which would add to the danger for bicyclists. The response to that was, since right is the only way to turn, the motorists would have to check to the right. The City Attorney and the Planning Director stated they have reviewed the section of the General Plan referred to and feel quite sure that it would not present an inconsistancy with any action being taken here. The site is corner property and the development would not fall into that General Plan language. The Planning Director reminded the Council that the access request was denied by the Planning Commission. Mayor Turner and Cm Ebert spoke in favor of the request stating that we need more businesses in town and that the dangers are not any greater than at any other intersection. We can't close all of the intersections. The proposal before the Council tonight appears to be the safest one and although having sympathy for the bikers, both bikers and motorists should know and follow the rules. ~~YOR TURNER MOVED TO GRANT THE REQUEST OF NAVELET'S NURSERY FOR THE INGRESS/EGRESS WITH THE DESIGN AS SO DRAWN BY THE TRAFFIC ENGINEER'S DEPT. SECONDED BY CM EBERT. Discussion continued concerning the safety factor of an opening onto Stanley and the inconvenience of being able to turn right only into or out of that driveway. The driveway being placed on Murdell would allow a right or left turn onto Stanley. Also, the driveway on Stanley Blvd. would place both motorists and bicyclists in a type of double exposure position being near the intersection of Murdell and Stanley. The inexperienced or very young cyclist must be taken into account as well as the older or more experienced. Youngsters expected the motorist to be on the lookout and to follow all the laws and rules and this is not always the case. Cm Staley didn't feel comfortable designing an intersection that could have increased hazards and allow someone to be killed over the next 30/40 years when the situation is already considered dangerous at this time. Cm. Kamena believed there should be a way to design the site to make it possible and yet not have a direct access to Stanley Blvd. The convenience portion of that site would have a sign perpendicular to Stanley Blvd. to announce the center and allow the turn on to r1urdell. ~ C!vl- 3 5 -1 7 4 April 17, 1978 (re Nave1et's Center) Dan Lee, Public Works, stated that they believe an access on Stanley Blvd. would be a definite compromise to safety. The Center was initially designed with no access to Stanley, ?1urdel1 being made 8 ft. wider anticipating traffic from the center. It is the City's intent that access' on major streets be held to a minimum. Mayor Turner called for a vote on the motion. MOTION FAILED WITH A 2-2 VOTE. REPORT RE BUS NAHING CONTEST Ed Schilling, Assistant to the City ~lanager, reported that there were over 200 entries to the Name Livermore's Bus System contest. The local media coverage was very good. The winning entries and the Honorable Mentions will be displayed at the Ecology Fair on April 15th. The seven members of the selection committee would like the Council to authorize the payment of the prizes and to select the name to be used for the bus system, Council having re- served the right to actually name the system out of the selection of winners. Cm Kamena stated that a Name the Bus contest should be just that and the winner had the right to expect the system to be named the name in the entry. A MOTION BY ~YOR TURNER TO SUPPORT THE CO!-1MITTEEIIS DECISION AND ASK THAT 'RIDEO' BE GIVEN THE AWARD FOR/AND NAMING THE NEW BUS SYSTEM, WAS SECONDED BY CM KAMENA AND PASSED 3-1. Further discussion determined that the design would be submitted to a commercial artist to prepare the finished art work for signs, schedules and the buses themselves. RECESS Mayor Turner called for a brief recess after which the Council meeting resumed with all members of the Council present. (Cm Dahlbacka absent - excused). REPORT FROM P.C. RE SIGN ORDINANCE Recently the Council instructed the staff to prepare a report concerning amendments to the Sign Ordinance. The Staff is of the opinion the Sign Ordinance should be reor- ganized and updated so that it is more understandable. The Staff has asked the Council to set their priorities as the Staff is working on several other items also at this time. The Council agreed that at this time the Residential Management Plan would have first priority, with the Sign Ordinance following Would it be reasonable to expect something back from the P. C. before the first of July, and an affirmative answer was given. The Council refered the item to the Planning Commission. REPORT FROM P.W. RE ~vATER RATE INCREASE A report received from the Director of Public Works requests a water rate increase. Justifications and a comparison of other jurisdictions are included in the report. CM-35-175 April 17, 1978 (re Water Rate Increase) CM STALEY MOVED TO ADOPT THE RECO~~ENDATION OF THE DIRECTOR OF PUBLIC WORKS, THAT A RATE INCREASE BE APPROVED AND THAT THE RATE STRUCTURE AGAIN BE REVIEWED AT THE END OF THE YEAR. FURTHER, THAT THE COUNCIL ASK THE CITY STAFF TO CONFER WITH LARPD ON THE IHPACT OF THIS ON THEIR PROGRAM AND GIVE US A REPORT AT A LATER DATE ON ANY ADJUSTMENTS THEY THINK NECESSARY, SECONDED BY eM EBERT AND PASSED BY UNANIHOUS VOTE. ._c A Resolution will be prepared to appear on the Consent Calendar of the Meeting of April 24th. CONTINUED DISCUSSION RE AGENDA FORJ'1AT Cm Ebert stated that he would like the City T'1anagers report placed as number three on the agenda, feeling that by falling earlier in the evening it would be beneficial to both the Council and the audience. He inquired at to the status of the one page summary at the beginning of each item and was told that the one page summary would start as of the next meeting. After some discussion concerning the matters initiated by staff and Council, including stating that the general public has an interest in the reports and does receive some insight in the operations of the city from them, it was stated that it was a courtesy to the public to handle their business as early as possible. A MOTION TO ALTER THE AGENDA FOID'tAT TO NUMBER 3 BEING THE CITY ~'1ANAGER' S REPORT AND NUHBER 4 BE MATTERS INITIATED BY COUNCIL AND STAFF BY CM EBERT WAS SECONDED BY ~l\YOR TURNER. Cm Kamena agreed with the motion up to the matters initiated by Council and Staff. These matters, by no means secret, were mostly asking for reports, and directions to staff, which could generate a lot of conversation. It would be more appropriate to keep that for after the other business. The City Managers report could be given earlier for everyone's convenience. MOTION WITHDRAWN. A HOTION TO PLACE THE CITY MANAGER'S REPORT AS NUMBER 3 ON THE AGENDA BY CM EBERT, WAS SECONDED BY ~'tAYOR TURNER AND PASSED BY UNANIMOUS VOTE. No further discussion. REPORT FROM CITY MANAGER RE REGIONAL WATER QUALITY - DISCRETE SEWER SYSTEMS The City Manager reported that after receiving the proposed Policy Draft from the Calif. Regional Water Quality Control Board they met with the Regional Board Staff and a representative of the staff from P1easanton to discuss the contents of that report. The report includes some positions that the Council has approved pre- viously but it does contain some changes also. If the Council concurres, some type of transmission should be sent tomorrow morning. A couple that are different than previous positions are; First, it contains an attachment refered to as "A Public Entity Waiver Clause". _c The essence of that meaning is defined as 'meaning a local public jur- isdiction, i.e. a city, can be substituted as the agency responsible for Cr-1- 3 5 -1 7 6 April 17, 1978 (re Discrete Sewer Systems) the planning, financing, construction and operation of a so- 7alled discrete sewage system, can be substituted by a person, ln the event that that person can certify that they have the same capabilities as a public entity'. That is a scary type of policy inclusion because that will permit any private party, or any land planning speculator to offer his/her self as a public entity in this regard. That would allow the type of growth that this city and others have been concerned about to happen. The one thing that will permit a progress of residential growth is the provision of public service facilities and that is almost exclusively concerning sewage treatment and disposal. So with a 'public entity waiver clause', it would permit this kind of thing to happen and all to the sacrifice of good substantial land use planning efforts by the local public jurisdiction. Other than that, there is another policy inclusion which is re- ferred to as Policy #4 and this together with its subsections, is an appeal by the Regional Board that local agencies do subscribe to the planning, the land use philosophy as has been advanced by the Governor and our City has always believed in that philosophy, which essentially means that whatever is urban should be municipal and that is the embodiment of what the Governor has said in his urban policy statement. Further that our fear is that, by the allowance of discrete sewage systems, particularly by private persons, this concept could be violated. This, together with the other three major issues submitted earlier, is essentially what the City Manager's letter of response to the report concerns. The Council felt they should object to the filing of the Negative Declaration in the draft, and request a filing of an environmental impact report because this major changA of policy would have direct environmental impact consequences. The staff having filed a strong objection to this course were directed by the Council to send out the letter and it was agreed that someone from the Council would be at the public hearing on the matter. RE LINCOLN HIWAY PARK (ADJACENT PROPERTY) An offer to sell has been received from the owner of a small diagonal parcel located at Junction and Locust Streets in the vicinity of the Lincoln Highway Park. The Beautification Committee recommends purchase of the parcel and making it compatible with the park so that it won't be a distraction at an entrance to the City. A l\10TION BY MAYOR TURNER TO ADOPT THE RECOMHENDATIONS OF THE STAFF SECONDED BY CH KAHENA, PASSED WITH A UNANIHOUS VOTE. LAS POSITAS GREENS RECONSTRUCTION A Report from the Greens Committee asking the Council to auth- orize the expenditure of $18,000 from the General Fund to complete the reconstruction of the last six greens was received. CH-35-l77 April 17, 1978 ( re Green's Reconstruction) The Staff recommends that the Council approve the special allocation at this time as the completion of the final six greens would allow the Greens Committee to make a fee adjustment of 15% which would increase the revenue brought in by the golf course. The cost of reconstruction has been minimized by the use of federally funded CETA employees being instructed in Greenskeeping. They have become proficient in their work and the reconstruction could be com- pleted before hot weather arrives. -- A MOTION BY MAYOR TURNER TO ACCEPT THE RECOW1ENDATIONS OF THE STAFF WAS SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. In answer to a question from the floor, Mayor Turner responded that a Resolution would be prepared and appear on the Consent Calendar of the next meeting to authorize the allocation of the funds from the General fund. This is the normal procedure and would be followed. 1978 AIR SHOW A report from the Airport Committee requests that the Council approve the annual Livermore Air Show to be sponsored by the "Ancient Order of Druids", a local organization, who have agreed to all eight conditions required by the City. The Air Show will be managed by John Kerekes and Dan Ryder, both experienced in promoting airshows. A MOTION BY CM STALEY TO APPROVE THE RECOW1ENDATION OF THE AIRPORT CO~1ITTEE WAS SECONDED BY CM KAMENA AND PASSED BY UNANIMOUS VOTE. PERSONNEL CLASSIFICATION REVISION - POLICE DEPT. A report received from the City Hanager containing the recommendation of Acting Police Chief Jack Essex requests the approval of an in- house promotion to add two Lieutenants to the Police Dept. To make this financially feasible the suggestion was to delete two sergeant positions, the administrative intern and one cadet. In answer to questions from the Council, Chief Essex made it clear that this proposal would not add additional numbers to the existing manpower count, it would just add two to the management which are greatly needed. The cadet's position can be covered by the two re- maining cadets and at this time the administrative intern is a 'make \"ork' position. A MOTION BY C!'>1 KAHENA THAT THE COUNCIL ACCEPT THE ACTING CHIEF OF POLICE"S RECOMNENDATIONS, HOWEVER, TO BE MODIFIED TO RETAIN THE TRAFFIC SERGEANTS POSITION Tt1ITH NO NET INCREASE IN MANPOWER WAS SECONDED BY HAYOR TUR?~ER AND PASSED BY UNANP10US VOTE. CONSENT CALENDAR Report re Council Appointed Committees A Report from the Administration Secretary listing each Council appointed committee, its authority, number of members, duties and responsibilities, and staff representative, as well as meeting times and places was received for information purposes. cr.1-35-178 April 17, 1978 Reso. Authorizing Application for Grant State Dept. of Aero. The City Council adopted a resolution authorizing the staff to resubmit an application for a grant from the State Department of Aeronautics for the acquisition of approximately 18.5 acres of land south of the runway which is within the Airport Safety Zone as shown on the Airport Master Plan. RESOLUTION NO. 97-78 A RESOLUTION AUTHORIZING APPLICATION FOR GRANT - STATE DEPARTMENT OF AERONAUTICS Departmental Reports The following departmental reports were submitted for informational purposes. Building Inspection, March 1978 Emergency Services, January through March 1978 Library, January through March 1978 Police Department, February 1978 and March 1978 Payroll and Claims There were 150 claims in the amount of $504,790.06, and 348 pay- roll warrants in the amount of $122,996.53, for a total of $627,786.59, dated April 11, 1978, and approved by the City Manager. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. ADJOURNtlliNT Mayor Turner called for an Adjournment at 11:30 p.m. after general agreement from the Councilmembers that the meetings should adjourn more con' ent t about that time. ATTEST APPROVE C~-35-179 Regular r1eetinq of April 24, 1978 A regular meeting of the Livermors City Council \laS held on April 24, 1978, in ther/lunicipal Court Chambers, 39 South Livernore Avenue. The meeting was called to order at 8:05 D.m. with c1ayor TurnAr presiding. ROLL CALI.. Present: Cm Dahlhacka, Ebert, Staley and Mayor Turner -"" Absent: Cm Kamena (seated during the Open Forum) PLEDGE OF ALLEGIANCE Mayor Turner led the Councilmembers as well as those present in the audiencE, in the Pledge of Allegiance. OPEN FORml (re City Budget) Ray Faltings, 1018 Via Granada, would like to discuss the pre- limanary budget. In light of the coming election and the Jarvis- Gann ini tiati ve 'lr. Fal tings 'l^lOuld like to see sometb.ing done about presenting the public with a fair, complete picture in relationship to where the monies come from and how the monies are dispersed. r1r. Fal tings gave the Council and thE: City '1anager copies of a n8\"'S- article showing the City and County of San Francisco's presentation to the public and asked if Livermore "TOuld be able to do something similar. Mr. Parness, the City Manager, responded that graphic reproductions are easier to understand but with the City's limited resources we have done the best. vle can. f1r Faltings replied that in the past these reports have shown the expenditures but not where the funds have come from, i.e. tax payers input, subventures from the state, license fees, business taxes and miscellaneous items. After some discussion with the Council, Mr. Parness agreed to have something drawn up for the papers which would be presented about the same time as the prelimanary budget was before the Council for con- sideration. PUBLIC HEARING RE ZONING ORD. AHEND. (Portola Ave.-First St. Mayor Turner opened the Public Hearing in regard to the proposed Zoning Ordinance amendment to rezone an area on the South side of First Street, east of portola and west of lots fronting Trevarno Lane. The Planning Commission recommends the rezoning and the filing of a Negative Declaration stating that no significant adverse environ- mental impact will result from the Zoning Ordinance amendment. The proposed amendment will provide for the establishment of commercial uses in this area compatible with the existing uses to the east. CH STALEY HOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY CM KAI'1ENA, AND PASSED BY UNANH1.OUS VOTE. CH STALEY MOVED TO l\PPROVE THE RECOW1ENDED ZONING CHANGE AND DIRECT THE STAFF TO PREPARE THE NECESSARY ORDINANCE AND TO FILE THE NEG- ATIVE DECLAR~TION. SECONDED BY CM DAHLBACKA AND VOTED UNANIMOUSLY. CM-35-180 April 24, 1978 PUBLIC HEARING RE ZONING ORD. AJ'vtEND. - FAST FOOD BUSINESS A Public Hearing to consider the recommendation of the Planning Commission to Amend the Zoning Ordinance \vas opened by Mayor Turner. The Proposed Amendments would: 1) Establish regulations for Drive- In and Fast Food Business in Commercial and Industrial District, except CB-l District; 2) Include in definition section of the Zoning Ordinance the definitions of such; and 3) provide for Zoning Administrator approval of CUP and renumbering of section providing for approval of CUP's. The Planning Commission recommendation also includes the filing of a Negative Declaration. C~l DAHLBACKA HOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY CH. STALEY, AND PASSED BY UW....NIMOUS VOTE. CH DAHLBACKAMOVED TO APPROVE THE RECOHHENDED ZONING CHANGE AND DIRECT THE STAFF TO PREPARE THE NECESSARY ORDINANCE AND TO FILE THE NEGATIVE DECLARATION. SECONDED BY CM STALEY AND PASSED BY UNANIHOUS VOTE. PUBLIC HEARING RE SOUTHERH PACIFIC FRANCHISE A Public Hearing to consider the request of the Southern Pacific Transportation Company to establish the franchise rights in the public streets pursuant to previously executed contracts was opened by Mayor Turner. The franchise v-lould confirm existing track alignment. There being no public comment, Mayor Turner entertained a motion to close the hearing. ON ~lOTI()N OF' CM EBERT, SECONDED BY cr~ KA1I1ENA AND VOTED UNANP-l0USLY THE PUBLIC HEARING vvAS CLOSED. ON r"10TION OF CI1 KA~1ENA, SECONDED BY Cr'i DAHLBACKA AND BY UNANIMOUS VOTE THE ORDHJANCE RELATING TO THE SOUTHERN PACIFIC TRANSPORTATION COT-1PANY FRAT"JCHISE HAS INTRODUCED AnD READ BY TITLE OnLY. No further discussion at this time. COT1MUNICATIOHS TJone CITY MANAGER'S WEEKLY REPORT "lr. Parnf;:SS stated that he hoped these reports would be of interest to the public. They were reports on the current status of projects and problems and issues confronting the staff during the week. The issues reported to the City Manager by the Depart- ment Heads were then reported to the Council to keep them aware of situation with regard to important matters of City government. Public Norks The Public Works Directors of the three urban cent.ers in the Valley met this past '.veek regarding the "LAVHMA Reclamation Study". An important adjunct to the LAVWMA program, whereby a cr'1-35-181 April 24, 1978 (re Public Works) major reclamation program has been authorized by the State Water Resources Control Board. The initial cost was around $340,000 and now it is close to 1/2 million. They are getting the final aspects in order so they can proceed. Reconstruction of 4th & College Intersection This is part of the FAD program. The one bid received was much higher than the engineer's estimate so we're asking the staff to restudy the project and come back to the Council with a recommend- ation to re-engineer or proceed with the project. ~ Street Projects out to Bid The following street projects were contained in the current year's budget and are out to bid. "L I' Street - resurfacing and reconstruc- tion from 5th to College Ave; the "p" Street median bid, received and being appraised by the Staff; the Pacific Avenue bid was received last week, the extension of Pacific Ave. improvements from Livermore Ave. to include the Multi-Service Center building. That bid is being studied and will be reported next week. Golf Course Twelve greens have been completed and with the approval of the Council last week the final six greens will be completed in the nExt few months. The rate of construction will be about one every two weeks. As a side note, our greens Superintendent won the door prize at a recent meeting and has donated it to the City. One ton of fertilizer, worth approximately $200. ~'leed Abatement The abatement program is currently underway. Housing Task Force The Housing Task Force has met and is requesting a substantial amount of new information and more recEnt valid material from our staff. Beautification Committee Regarding the irrigat.ion on Hurrieta, someone negotiated the median and knocked out the control which will cost around $900 to repair. \1e have received many compliments on the landscaping of that median. Commercial Enterprise There has been a meeting with the traffic engineer regarding the access onto Stanley Blvd. requEsted by ~Javelet' s. In about t\VO vveeks a mod- ified plan will be brought before the Council that may eventually cause this enterprise and other land uses as well to go in on that site, all to the satisfaction of the applicant. This involves the question of how much.property is actually needed for the service center and whether or not access on Stanley would be necessary. On State-wide Scene The Governor recently signed legislation that would cause the repeal of the BusinEss Inventory tax, to be phased out over the next five years. Tilis is important to us because we do r,eceive a substantial amount of revenue from the State from thjs source. ~letropoli tan Transportation Commi t.tee The Grant.s Revievl Committee vlill be meeting to consider our grant for full operation on maintenance expenses for the City transportation service. This proposal is going to them with a strong recommendation from Staff for ap?roval. Crl-35-182 April 24, 1978 Personnel IIatters rrhe Labor Negotiating TeaM met \-'lith the Police Association and expect to have a contract, amicably negotiated, ready for the City Council to review by the end of the month. The Police Contract expires the end of the month. Police Dept. All seven of the new Police cars have been delivered and are being outfitted. Almost all of them are now in operation. The new Police search policy agreed upon in the City Council Committee is now implemented and in use by the Police Dept. The third annual Police/Fire football game last Friday had a good turnout and no serious personal injuries. Civic Center Planning The Staff is meeting on the Civic Center Planning now that the new administration building is underway. Discussions include the building and other improvements to be installed over the succeeding months, such as, necessary coordination of the landscaping. We; will be coming back to the Council in the next few months with the recommendations on architectural helo with the landscaping improvements. Bus Stops We expect a Municipal Transportation Service beginning in July. The Staff is working with the Transportation Advisory Committee and have been meeting regularly looking into the bus stops, an important aspect of the system. There will be about 200 stop locations located in the city. A soecial neighborhood meeting has been scheduled by the Transportation Committee for J\1ay 10th, at Smith School and inviting anyone to come listen, ask questions and voice their opinion. 'rhe discussion will include the route and possible route changes. Commercial and Industrial Recruitment The Community Development Director, Manny Gorland, has under preparation a commercial recruitment program that involves an attractive brochure, under preparation now, the utilizing of volunteers services, one of whom is in local advertizing, and Cm Ebert. We should get back to the Council in about two weeks. A visit by the Staff to commercial locations in Northern California and spreading the good word about Livermore's offer of commercial and industrial development will be arranged. APPEAL RE SIGN VARIANCE-EL DORADO MOTEL An appeal was received by the Council concerning a recent denial from the Planning Commission of a variance to the sign regulations which would have allowed an ~ncrease in height of a free-standing sign, increased the sign area and allowed the sign to be placed at a 45 degree angle instead of parallel to the street, by the El Dorado Motel on First Street. The appeal was taken to the City Council on March 20, and it was the Council's decision to support the Planning Commission's recom- mendation as to the CUP, the square footage of the sign and its height, overruling the P.C. as to the perpendicular aspect of the Cf,1-3 5-18 3 April 24, 1978 (re appeal - El Dorado !Iotel) of the sign and referring the actual construction of the sign to the DEsign Review Co~~ittee for their consideration and report. The recommendation r~turned to the Council was: the existing sign be replaced by a low-profile sign located in the same area and as close to the right-of-way as permitted; a supnlemental wall sign be installed on the north end of the building; and the low-profile sign design be submitted to the Design Review Committee for review and approval. -.../ After discussion concerning the action taken during the meeting of >larch 20th, during which time ~lr. Patel, representative of the El Dorado Motel, was seated, Hr Patel was asked if he understood the pro- ceedings up to this point. He answered in the affirmative and replied that the sign variance request was a desire to cut the size and shape of the free standing sign to 70 sq. ft. (14 x 5). CH STALEY MOVED TO CONFIRM THE DECISION OF T'ffiRCH 20, TO APPROVE THE P.C. RECOr~MENDATION TO GRANT THE C.U.P. FOR A FREE-STANDING SIGN, TO SUPPORT THE RECOMMENDATIONS AS TO SQUARE FOOTAGE AND HEIGHT OF SIGN, THAT THE COUNCIL GRANT THE NECESSARY FINDINGS TO MAKE THE SIGN PER- PENDICULAR TO FIRST STREET. SECOND BY C~,1 KAJ'1ENA The Planning Director pointed out that there are t~.,o options under the Ordinance that allows the low-profile (16 sq. ft., 8 ft. high) or the other (25 ft. high, 25 sq. ft.), under the free-standing de- finition. It ,,,as pointed out that there '.7ould be a more positive vie\v of a low- profile parallel sign and very good visibility from Portola.Ave. This site could not be considered an intersection, as by definition an intersection would consist of corner lots. ~lOTION VOTED UPON AND FAILED 2-3. Cl'1 DAHLBACKA, KAHENA AND HAYOR TURNER DISSENTING. A J'.10TION TO ACCEPT THE PLANNING COWvIISSION REC0rlHENDATIONS ALLOWING THE C. U . P., IF NECESSARY, AND DENY THE VARIANCES WAS MADE BY cr1 DAHLBACKA, SECONDED BY C.~1 KAr1ENA. The time limit to follow through on, on any action taken tonight was discussed and it was agreed that a reasonable time, two or three months, would be allowed. This action started some time late last fall and should be completed. ~OTION PASSED - 3-2. CM EBERT AND STALEY DISSENTING. REPORT FROM PLANNING DIRECTOR RE PENTOCOSTAL BIBLE COLLEGE SITE A report from the Planning Director on the Pentecostal Bible College site at the Southwest corner of College Ave. and ilL" Street \vas requested by the City Council in response to a request by Associated Professions for an opinion as to whether the subject 17 acre site could be developed with 51 dwelling units. Cm Staley received an answer that there is an average of 3.2 residents per dwelling in the Livermore area. At this time is the Council willing to entertain the sewer exchange proposal and are we willing to ask the P.C. to consider an amendment to the General Plan and ask for a zoning change. That incorporates 3 actions plus re- questing a subdivision map. David i1adis, 1011 Geneva, owner of the property in question, spoke and referred to the City Attorney's report and commented that one important aspect to discuss was coming to an agreement with the City. C'i-35-184 April 24, 1973 (re Pentecostal Bible College sit€.'.) Also, there vJas the qUGstion of the condemnation of. the hiking and bike trail and a~ agreement there was essential. The Planning Director recommends putting the matter over until the General Community Development Plan is developed and the Historical designation reconsidered. Mr. Madis recalls that the proposal ._ L does not talk of allocating sewer capacity and that is what all of the reports miss. We're talking of capacity that is there nOvl and can and will be utitlized. For the Council to consider the proposal you must consider the alternatives. We have a Bible College with plans to discontinue activities. We can consider the current proposal or the alternatives of using existing struc- tures. Their use may be down now but if you take six major buildings on the property excluding the homes and say you'll have tv10 CUP's submitted for the uses on those various properties, and soon your going to be discussing 12 to 15 applications to come before the P.C.. According to the City Attorney's state- ment that the P.C. is overburdened now, the additional applications would be a greater burden on this Council and the P.C. than a single application for a subdivision, which is in a routine nature, mostly with the Planning staff and engineering departments. I1r. Madis went on to express his feelings that the Council should have definite policy for historical disignations. Either it is or it isn't. Property owners have the right, when purchasing or selling property, to a definite decision and not have designa- tions always in question. This is not a sound policy to have. I'lr. Hadis addressed himself to the City Attorney's report with great dispute. The report misses the whole point of the policy being discussed tonight. The second paragraph discusses the Resolution, No. 55-75, saying the resolution basically reserves the remaining sewage capacity for commercial-industrial uses. We are not talking about taking any remaining sewage capacity. In the last paragraph of the report, it says approval of this sub- division would consume capacity with no facts or figures from the staff or city to support the wording. On the contrary, with a previously submitted letter from the College are statements in- dicating that the college has had 235 attending classes at the college. An additional letter from a former president states that the college averaged 150 full time students each semester and 35 drive-in part time students, in addition to the eight families teaching at the college (24 persons) plus they had a fifteen man maintenance crew, for a total of 225 residing on the property. In reference to using the remaining sewage capacity, this is not remaining capacity. If the College enrolled additional people would the City Attorney say they were using capacity reserved for commercial/industrial uses? The properties there have six or seven 6" connections that are in use and have been utilized in in the past. We would be taking the existing capacity being used now and con- verting it to other uses. This would be making no demands from the capacity reserved for the commercial/industrial purposes. No one else has proposed eliminating 27 uses and coming in with 27 new uses. This is not an increase. r.1r. l'1adis stated that just because a proposal is unique and has never been done before is no basis for turning down the proposal. CH-35-185 April 24, 1978 (re Bible College Site) 7'lr. I'1adis asked the Council to look at the alternat.ives. Hould you rather have 12 diversified uses. And the additional problem of condemning the bike path. That could be completed for only the cost of improving and save an approximate $100,000 of public funds necessary for condemning that property. You would be taking a non-conforming use and eliminating it. Mr. ~1adis stated his belief that the proposal merits consideration and approval at this tim6. He would like the City Council to indicate indicate being amenable to our submitting a tentative map showing a maximum of 51 lots for this subdivision. We would then work out the necessary agreements with the City to dedicate the hiking and bike trail to the City, which "l?lould be in the public interest. ~Jo reason with a sound basis has been made for objecting to this r>roposal. em Staley questioned ~1r. f'ladis as to whEther or not he agrees that a General Plan amendment and rezoning is necessary. Mr. Madis replied that he does not agree that it would be necessary and that the site is zoned residential and is being used as such at this time. Cm Staley then questioned the Planning Director for his opinion regarding a General Plan Amendment.. J'1r. IHes stated that in his opinion a General Plan amendment is necessary. The plan indicates community facility, zoned R-5 and R-7, and in that you can have such a facility as proposed. That is there now. The City Attorney stated that the existing zoning is RL-7 and RL-10. That would have to be changed and the General Plan designation is for community facility which reflects the existing use of the property. In his opinion a General Plan Amendment is necessary. }:lr. r1adis said that they plan to hold class in the old water tower so it could remain in community use. He said he does not understand what in the current RL ordinance would prohibit the building of three(3) units per acre. The City Attorney pointed out that the Planning Director is more familiar with the specific requirements of RL and RS zones, but that there are a number of differences in terms of set back, site coverage, etc. Don i'1iller, 2862 Waverly, stated there will be voice of opposition to !Ir. fladis' plan in addition to the staff. He said a General Plan amendment is necessary and that zoning is not consistent with the General Plan and that the area in question should have been zoned "E". He pointed out to the council that the real issue is whether to stick with General Plan policy and sewer allocation policy until further sewer capacity becomes available. Mr. Miller said he did not have the text of the adopted resolution, however there were two important points in it that should be considered: 1) No large parcels would be subdivided creating new subdivisions and allow sewer connections even though they were lots of record, and 2) All expired capacity would go to industry/commercial and some to low income housing. The reason, he said, is that the community is grossly unbalanced in that there is more residential than commercial and that a reasonable balance needs to be restored. He went on to say that the present policy is adequate and should be used. i1ayor Turner agreed that the policy states \'lhat ~1r. Hiller is saying, however, it goes on to state that until such time as the existing Hater Reclamation Plant can bE: expanded. NE: can expand, he said, we have approval to expand the sewer treatment plant. crt - 35 -18 G i\pril 24, 1978 (re Bible College Site) em Ebert commented that on one hand v18 say '\tIe are reserving se'!7er rights for industry but when the applications come in we "'on' t allmv them to put up signs, driveways, etc. He took Tlr. I'1adis I case for an example in that he is proposing to build a rather high rent income housing project, proposes to keep landscaping much as it is, to put in unusual meandering streets and a number of other things and now a citizen says this is a bad thing. Mr. Madis is not proposing anything that presents a real problem. If the General Plan needs amending, then amend it. He went on to say he is upset with the paradoxical thinking we are caught up in all the time. Cm Staley commented that what the council needs to decide is what is going to be done about the application, the General Plan amendment, the sewer exchange proposal and if the tract map should be nro- cessed at this time. - L The City Attorney suggested that the Council disregard the $100,000 figure that l"1r. !1adis has placed on the property presently being acquired as the City appraisals and budget is considerably lower than that. Cm Kamena stated that he does not understand the present use and conversion. Can we take current use in the number of traps and con- vert them into individual lots? Dan Lee, Public Works Director, replied that the code does refer to conversion of connections from one unit to another. At the present, he stated, six fixtures has been established as adequate for a single family unit. :lr. Hadis stated that the City came out and counted 125 traps which is 22 more than he had counted. He went on to say that the code talks about fees but that it does not talk about converting sewage flow and that the code says you get credit for fixtures toward the fee. He said a modern house may require up to 10 fixtures and that he does not object to Chapter 18 of the code. He also pointed out that the code does not say anything about coverting intensive use to one much less. ~ayor Turner said he would like to see Mr. r1adis file the tract map, however, he does not think anything can happen until the Residential Development Policy is approved as this is important to the function of the General Plan. Cm Dahlbacka objected to filing of a tract map and that he is concerned as to precedents we might establish. He stated that considering we are only a year or so away from getting capacity, it does not seem worth the chance of getting involved in lawsuits, etc., which may arise from this decision. He said he agreed with the concerns of the City Attorney and would go along with his opinion. Cm Staley suggested that the Council set a separate debate to discuss reassessment of the sewer policy or ordinance and not only consider the current policy as it applies to industrial, commercial and residential, but also specifically consider what to do with this exchange proposal as this issue has never been considered as a policy. He said he believes the code refers to things like existing subdivision maps which had sewer connections available to them which was obligated to hold commercial establishments and the lik.e which would expire in the next year or two and not to an existing facility that is in use. He further stated that he could not overlook the City Attorney's opinion about a General Plan amend- rnent and rezoning and that he felt the Planning Commission should be asked to reconsider the General Plan with regard to this area Cl-35-187 }'\pril 24, 1978 (rs Bible College Site) and any rezoning that is necessary. He pointed out that the Historical Preservation Commission has determined that the site be designated as a historical landmark and zoned Historical Preservation. He said he thought the Planning Commission should consider these facts and that the Historical Preservation Commission be asked for an oninion. Ht3 said he understands Cm Dahlbacka I s concerns regarding liability as to other applications and that he realizes the Planning Commission turned down one or two applications because of lack of sewer capacity, however, at present he said he is ready to consider a policy that would allow recordation of a subdivision map if we can get a binding agreement that there are no definitA rights acquired until we have se\-ler capacity. Cm Karnena agreed with Cm Staley that he favors allowing filing of a tract map. He said he believes we should h3 able to determine is there is the kind of capacity existing on this parcel of property that can convert to dwelling units and how many dwelling units. He suggested the number of existing traps be substracted from the number required and then leave the rest of the requirement for allocation under the future allocations so that this builder would have an equal opportunity for his allocations. CM EBERT MOVED THAT THE COUNCIL GIVE THEIR POSITIVE INDICATION OF ACCEPTANCE OF THE BASIC IDEAS PRESENTED BY MR. MADIS AND THAT THE COUNCIL RELOOK THE SmvER POLICY, GENE.R}\L PLAN, ETC., TO FURTHER THIS KIND OF ORDERLY GROWTH WITHIN THE CITY. ~10TION SECONDED BY I'lAYOR TURNER FOR DISCUSSION PURPOSES. Discussion continued among the Councilm€mbers as to whether or not it is feasible to spend time in study sessions discussing the present sewer policy when the Residential Growth Plan, when approved, will void the sewer policy as it is now. Cm Dahlbacka felt it is not asking too much of the applicant to wait 90 days until the Residential Growth Plan is approved so that the Council will have the guidance needed to make this decision. [,lOTION FAILED 1-4. CH EBERT FOR, C1I1 DAIILBACKA, KAJ'mNA, STALEY AND ?1AYOR TURNER DISSENTING. 1'1Z\.YOR TURNER MOVED TO REFER THIS ITEH TO THE PLANNING Cmlr,USSION TO CONSIDER AMENDING THE GENERAL PLAN FROJ\,1 CmmUNITY FACILITY TO URBAN LOW HEDIUH RESIDENTIAL DESIGNA'rION AND THAT THE HISTORICAL PRESERVA- TION C0I'lHISSION DETERt'lINE IF THE SITE SHOULD BE DESIGNATED A HISTORI- CAL LANDNARK AND ZONED HISTORICAL PRESERVATION. ALSO REFER THE CONVERSION ISSUE TO STAFF FOR REPORT BACK TO COUNCIL AND TH.f\T THE STAFF INVESTIGATE THE POSSIBILITY OF TRADING OFF THE SEWER CAPACITY THAT PRESENTLY EXIST ON THE ,SITE . J,10Tlm~ SECONDED BY CH KM-1.ENA. :'10TION fu"lE~'JDED BY CH STALEY fro INCLUDE THAT THE STAFF INVESTIGATE THE CITY'S POSITION IN ACCEPTING SUBDIVISION HAPS AT THE PRESENT TDm FOR RECORDATIOlJ IN TER'lS OF ITS LL\BILITY AND THE POSSIBILITY OF GETTING BINDING AGREE!mNTS SO THAT NO VESTED INTEREST :,10ULD BE CREATED. N\lENm,mNT SECOND BY CM KA~mNl'~. The Planning Director pointed out that we are only allowed three GEneral Plan amendments a year and we have already had t,,,,o, so this third one would have to come in the latter part of this year and wanted the Council and those citizens involved to understand this. '!AI~~ r10TION N.JD N'lEIJDi\lENT PASSED UN1\.?JPmUSLY. C\I- 35 -13 3 }\pril 24, 1978 RECESS Mayor Turner called for a brief recess after which the Council meeting resumed \vith all members of the Council present. CUP APPLICATION - AUTO SPECIALTY CENTER Auto Soecialty Center, South side of First Street, 225 feet west of Trevarno Lane, has submitted an application for a Conditional Use Permit to allow an automobile oriented specialtv center on this site. The uses within the center would include auto r~oair and retail sales of auto accessories. A condition of approval would be to nrohibit an auto paint shop as a use within this-center. ~ The Planning Commission has recommended approval of the CUP based on the findings and subject to conditions outlined in Planning Commission Resolution No. 25-78; and direct staff to prepare the necessary resolution. ON MOTION OF Crt DAHLBACKA, SECONDED BY CH STALEY, AND BY UNANHlOUS VOTE, THE COUNCIL ACCEPTED THE PLANNING Cm'1MISSION RECOHHENDATION. LOT LINE ADJUSTMENT HOLMES ST./MURRIETA BLVD. A lot line adjustment is requested to move two existing lot lines southerly a distance varying from 1.25 to 3.00 feet. The properties are located on the north\'lest corner of Holmes Street and Murrieta Boulevard. The properties are zoned C-P (Professional Office) and RL-7 (Single-Family Residential). A recent survey of the properties revealed that a 5 ft. high wood fence constructed by the property owners on their south property lines, was incorrectly placed on the commercial property to the south. The proposed lot line adjustment would allow the fence to be located on the residential properties. It has been recommended by the Public Works and Planning Directors that the City Council adopt a resolution approving the proposed lot line adjustments based on three findings: l)No new parcels are being created; 2) No additional development is anticipated resulting from the adjustment; and 3) The adjustment will reflect existing develop- ment. ON r10TION OF CM KAMENA, SECONDED BY CH STALEY AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED THE STAFF RECm'U'1ENDATION vVITH INSTRUCTIONS TO PREPARE THE NECESSARY RESOLUTION. LOT LINE ADJUSTMENT PARK ST. & NO. K ST. A lot line adjustment is requested to rearrange lot lines to reflect existing development on property located at 2145 Park St. (Parcel A) and 374 i'Jorth ilK II St. (Parcel B). The property is zoned RL-5-0 (Single-Family Residential). The property contains 11,050 sq. ft. and consists of portions of three lots of record. The lot line adjustment would remove the rear portion of Parcel B and add it to Parcel .A. This would provide a more reasonable use of the property and create a lot configuration compatible with the surrounding properties. The staff has recommended that the City Council adopt a resolution approving the lot line adjustment based on three find- ings: l)No new parcels are being created; 2) No additional develop- ment is anticipated resulting from the adjustment; and 3) The adjust- ment will reflect existing development. ON HOTION OF Cl EBERT, SECONDED BY G1 KAHENA AND BY UNANIHOUS VOTE, THE COUNCIL ADOPTED THE STAFF RECml!1ENDATION WITH INSTRUCTIONS TO PREPARE THE NECESSARY RESOLUTION. Ci'.1-35-189 April 24, 1978 z\.~mERSOl~ PROPERTY DEVELOPI1ErJT The. report on this development was not available for Council with this agenda. This item will be olaced on a future agenda when the report is prepared. R~ILROAD GRADE SEPAR~TION -SUPPLE'mNTAL ALLOC~TION Eligible cost items on this project exceed the original grant allocation and the City may request a sUDolemental allocation. The City must provide a resolution with the application which could range from $0 to $199,864.23, depending upon the availability of funds. The additional funds an? allocated from the State "Grade Separation Funds". ON l10TION OF C""l EBERT, SECONDED BY CH KAJiENA, AND BY UNANPlOUS VOTE, THE COUNCIL ADOPTED A RESOLUTION REQUESTING AN ALLOCATION OF SUP- PLETlENTAL FUNDS. RESOLUTION NO. 98-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVERHORE APTHORIZIl'JG THE FILING OF AN APPLICATION WITH THE STATE OF CALIFORNIA, DEPARTi1ENT OF TRANSPORTATION, FOR A SUPPLE- '1ENTAL ALLOCATION FROH 'I'HE RAILROAD GRADE SEPARATION FUND FOR THE LIVERMORE AVENUE AND "P" STREET UNDERPASSES. EAST AVENUE - OVERLAY PROJECT The County of Alameda is preparing to overlay a portion of East Avenue bet\veen Auburn Avenue and the LLL entrance. The City has aDproximately 800 linear feet of roadway between these same limits. The staff is proposing to overlay the City portion under the County Contract to provide continuity between the County and City responsi- bilities. The source of funds is gas tax. The total project cost is $125,000 with the City's portion being $15,000. ON MOTION OF CM STALEY, SECONDED BY CJ1 KAMENA, AND BY UNANH10US VOTE, THE COUNCIL APPROVED COMBINING OF CITY-COUNTY PRO,JECTS AND INSTRUCTED STAFF TO EXECUTE A PURCHASE ORDER TO THE COUNTY OF .~LAHEDA. REPORT - CONDITIONAL USE PER,MITS The Council agreed that they ne.eded more time to study this report before discussion and therefore put the item over to the meeting scheduled for Hay 1, 1978. PRELI!1IN'ARY BUDGET HEARING - SCHEDULE The City j\lanager reported that earlier in the year some Councilmembers had indicated that they felt a definite. type of preliminary budget schedule should be used updating it so it could be earlier and perhaps segregated so that not too much would be held at anyonE time. That could be done, hm,rev8r, with such a change the staff needs some direction in that we are prE":paring threE! s8parate budgets this time. The staff needs to know if the Council wishes to have the preliminary bud<Jet presented in one volume tm'lard the end of 'lay or if they ,-rant segmented parts of the budget, start.ing around mid-~1ay, so the Council could devote one or two hours at each Council meeting to go over the d2partments until all the general government functions are done. The Council agrRsd that the first item to be discussed \lould be revenue, to be followed weekly thereafter with tvlO or three departmEnt budgets until all have been reviewed. It was also agreed to Gl-35-190 April 24, 1978 (re Preliminary Budget) m€st at 7:00 p.m. each week to devote one hour to the budget and start the regular Council meeting at 3:00 p.m. as usual. CE'l'A REENACT~mL'~T The City of Livermore has been requested by both the California Employm,snt and Training Advisory Council and l\C'I'EB/ACAP to review pending legislation (S.2570/H.R. lln86) and to supply input in the form of a Council statement to appropriate members of Congress. Tile suggestions made reflect the City's experience in operating the current CETA?rogram and indicate improveMents which would facilitate future administration. The Council is urged to take a position on this piece of legislation in an effort to reauthorize a program under CETA which will allow enough flexibility to design and operate programs which address local employment and training needs. ON JI-lOTION OF CM STALEY, SECONDED BY CH DAHLBACKA AND BY UNANH10US VOTE TIlE STAFF RECOm.mNDATIONS WERE ADOPTED WITH INSTRUCTIONS TO i'/RITE APPROPRIATE HEMBERS OF CONGRESS AND TO ADD LANGUAGE TO THE EFFECT THAT 10% OF FUNDS AVAILABLE BE ALLOCATED FOR PURCHASE OF CAPITAL EQUIPHENT FOR PROPER WORK AND TRAINING OF CET,2\, m,1PLOYEES. COMl'1ITTEE APPOINT:'mNTS ON MOTION OF CJl1 EBERT, SECONDED BY CH KA1'1ENA AND BY UNANH'l.OUS VOTE, CLARICE SISEMORE I'vAS APPOINTED TO THE SOCIAL CONCERNS COH1'HrrTEE. O:N MOTION OF C~l TURNER, SECONDED BY CN KAHENA AND BY UNANIHOUS VOTE, .l\NN LEWIS, GARRET'r DRlJl'1~10Jm AND CHET FANKHAUSER HERE APPOINTED TO THE HERITAGE PRESERVATION Cm,1HISSION. CM EBERT MOVED TO APPOINT DAVID ELLER TO THE HERITAGE PRESERVATION cor1.JlUSSION. SECONDED BY ~1AYOR 'l'URNER. MOTION FAILED 3-2, COUi~CIL- rmMBERS DAHLBACKA, KN.1ENA AND STALEY DISSENTING. Resolutions reflecting the above appointments will appear on the Consent Calendar on May 1, 1978. CONSENT CALENDAR Reso. Rejecting Claim RESOLUTION NO. 99-78 A RESOLUTION REJECTING CLAIH (SIERRA PRODUCTS, INC.) Contract .~endment - Multi-Service Building RESOLUTION NO. 100-78 A RESOLUTION AUTHORIZING CONTRACT A!'1ENDMENT (HIRSHEN, GAM!>ULL, TRU1'1BO ARCHITECTS) Reso. Designating Names - Check Signing RESOLUTION NO. 101-78 A RESOLUTION PROVIDING THE NAMES OF 'rIIE OFFICERS AUTHORIZED TO SIGN CHECKS CH-35-191 April 24, 1978 (ConsEnt Calendar) Bid A,.,ards Bids have been received for the purchase of a one-ton dump truck and hoist and a water wagon truck. RESOLUTIO~J NO. 102-78 ---/ A RESOLUTlm..:r AWARDING RID (MCLELLAN CO!-.1PANY) 1978 HODEL CONVENTIONAL TYPE CAB l\.ND crV",SSIS hTITH ';'J2\.TE::1 v~AGO~J RESOLUTION NO. 103-78 A RESOLUTION Alvl\.RDING BID (CODIROLI FORD) 1978 MODEL l-TON TRUCK WITH DUMP HOIST Budget Amendment RESOLUTION NO. 104-78 A RESOLUTIOn AUTHORI Z IHG BUDGET N1ENDrlENT (R0construction of Six Greens - Las positas Golf Course at cost of $18,000) Police Department RESOLUTION NO. 105-78 A RESOLUTION AUTHORIZING PERSONNEL CHANGES IN POLICE DEPART~1ENT Adjusting Hater Rates and Charges RESOLUTION NO. 106-78 A RESOLUTION AD,JUSTING HATER RATES .1\:'JD CHARGES, 1978 P.C. Summary of Action 'l~:.eting of April 18 The Planning Commission Summary of Act.ion from their meeting of April 18 was noted for filing. Departmental Project Status ReDorts , Project Status Reports from the Community Development, Public Y~orks, Finance DepartmEnt and Fire DepartmEnt were noted for filing. APPROVAL OF CONSENT CALENDAR ON MOTION OF C~l EBERT, SECONDED BY ~1A.YOR TURNER AND BY UNANH10US VOTE, THE CONSENT CALENDAR lvAS APPROVED WITH THE EXCEPTION OF FIVE ITEHS. ITEr1S REM:OVED FROH CONSENT CALENDAR (Report - Comparable Housing) The Council thanked !1r. Gorland for the informative report. Cm Staley expressed the desire that Council receive future reports before the newspapers print them in the event they are called on by citizens to explain points of the reports or express their views. 01- 3 5 -19 2 April 24, 1978 (Firefighters Local 2318) 'rhe Hemo of Understanding re Livermore Firefighters I.A.F.F. Local 2318, accompanying resolution as well as the resolution amending salaries was deleted from the agenda at the request of the staff due to technical difficulty with wording. These items will be returned to Council on the May 1, 1978, agenda. (Departmental Reports) Cm Dahlbacka stated that he is imoressed with the work that Herb Street is doing with regard to the solar energy workshops and the information being gathered regarding building codes for building solar housing. Cm Dahlbacka also commented that the airport revenue is ahead of last year's figures and that gas sales have gone up. Dan Lee, Public Works Director, stated that indications are that we are reaching the point where we are going to need a second run- way before it is called for in the Airport Master Plan. He estimated that by 1981 we should be planning a second runway. 'rhe Airport Committee is concerned about this and will be ready for some proposal to take whatever action is necessary to meet the demand. We have been notified by the FAA that of all single runway airports in the world, Livermore is the seventh busiest, and of all airports in the western FAA region, including international airports, Livermore is the 33rd busiest. Cm Dahlbacka commented that it appears that the percent of budget estimate collected is 95% at the Springtown Golf Course. He commented that this seems very high considering the Golf Course financial condition last year, and asked Mr. Lee to explain. rlr. Lee stated that at the time the budget was prepared last year ws did not knmv v;hether \'.78 were going to have a pro shop or snack bar. Subsequent to the preparation of the budget, it has all materialized and operations were begun three months into this fiscal year, however, the snack bar did not get started until December. Hmv6ver, in spite of that revenues are coming along very well. He stated that last year some 18,000 rounds of golf were played. This year it appears we will reach 23,000 rounds and anticipate reaching 26,000 rounds in 1979. It was explained that the increased play at Springtovln has not tab::m businc:ss a'rlay from Las positas. The following Departmental Reports were submitted for informational purposss: Financial report - revenues and expenditures, 9 months ending '1arch 31 i i1unicipal Airport, Las positas Golf Course and Springtown Golf Course for the same period as well as compara- tive statements. '1unicipal Court - ?1arch 1978 Planning Agency - annual, 1977 Water Reclamation Plant - January/March Warrants & Payroll crt KAr'1ENA HOVED TO APPROVE THE lvARRZ\.NTS AND PAYROLL DATED APRIL 19, 1978, AS SUBrlITTED, SECONDED BY CJ'vl STALEY. Warrant No. 23919 (refund to Chamber of Commerce) was discussed in length as to vlhether or not the Chamber is entitled to the refund of $2,075 under the present ordinance. C"~-35-193 April 24, 1978 (re Chamber refund) The City Attorney read in full Section 12.8e of the ordinance and stated that in his opinion, according to his interpretation of the ordinance, the Chamber is not entitled to a refund as they did not make any payment directly to the City for a business license fee. They did in fact refund Foley and Burke for half of the fee they paid to the City, however, it was established that the agree- ment between the Chamber and Foley and Burke was a private agreement and the City had no part of it. ..- ,lAYOR TURNER HOVED TO A!'1.END THE MAIN ~mTION TO READ APPROVAL OF 'VJARRANTS AND PAYROLL DATED APRIL 19, 1978, \.vITH \.vARRANT NO. 23919 REMOVED. SECONDED BY CM EBERT. AMENDMENT PASSED 3-2, CH KAHENA AND CH STALEY IN J\lINORITY. '1AIN HOTION AS AMENDED ADOPTED BY UNANIHOUS VOTE. There were 92 claims in the amount of $393,206.48, and 334 payroll warrants in the amount of $119,292.92 for a total of $512,499.40, dated 4/19/78 and approved by the City Hanager. ZONING ORD. N1END. A I'lOTION TO APPROVE AND DIRECT THE ]\.PPROPRIATE DISPOSITION OF THE FOLLOWING ORDINANCES ~vAS MADE BY CM KAMENA, SECONDED BY CM STALEY, AND VOTED UNANIMOUSLY. (Zo. Ord. Amend. CS Dist) FIRST READING, INTRODUCTION AND FILE, ZONING ORDINANCE AMENDMENT RE CS-CO~1.ERCIAL SERVICE DISTRICT. (Zo. Ord. Amend. CG Dist.) FIRST READING, INTRODUCTION AND FILE, ZONING ORDINANCE AMENDJ\1ENT TO CG-GENERAL COJV'....:'1ERCIAL DIST. (Ord. granting franchise to West. Pacific RR) SECOND READING AND ADOPTION OF ORDINANCE GRANTING A FRANCHISE TO ~mSTERN PACIFIC RAILROAD COMPANY. ORDINANCE NO. 946 AN ORDINANCE GRANTING A FRANCHISE TO WESTER PACIFIC RAILROAD Cm,1PANY ;.1ATTERS INITIATED BY COUNCIL (elected !layor) Cm Dahlbacka vlOuld like to establish a 8 year maximum for the elected mayor to serve and reouested this soon be an agenda item. (Comm. with County re Fir& Stations) Cm Dahlbacka asked to communicate with the County regarding their use of the Fire Stations if the City has to cut back on Fire services. (Letter re Assembly Bill) Cm Dahlbacka vlOuld like a letter of support SEnt regarding An 3077, and AB 3501. C1-35-194 l\pril 24, 1978 (Civic Appreciation Dinner) In the matter of the Civic Appreciation Dinner, Hayor Turner felt that in view of the long hours spent at council meetings, the members of the press should be invited in place of the editiors. The dinner will be held Sunday at the Rancher at 8:00. ADJOURW'lENT !'layor Turner adj ourned the meeting at 11: 50 P. In. to an executive session on flonday, ~'lav 78 at 7:30 p.m. to discuss labor negotiations. APPROVE 1\TTEST / CM-35-195 Regular Meeting of May 1, 1978 A regular meeting of the Livermore City Council was held on May 1, 1978, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Turner, at 8:05 p.m. ROLL CALL Present: Cm Ebert, Kamena, Staley and Mayor Turner. Absent: Cm Dahlbacka (excused - business) ~ PLEDGE OF ALLEGIANCE Mayor Turner led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. MINUTES - 3/27/78 A MOTION BY CM KAMENA TO ACCEPT AND APPROVE THE MINUTES OF THE MEETING OF MARCH 27, 1978, AS READ, SECONDED BY CM STALEY WAS VOTED FOR UNANIMOUSLY. SPECIAL ITEM BUS CONTEST Mayor Turner presented the awards for the Livermore Bus Naming Contest and thanked the Asst. City Manager, Ed Schilling for all his efforts during the .contest. First place winner, Lisbeth Jardine, received $100 for "Rideo". Second place, Michael Maxfield, received $50 for "Grapevine Line". The Honorable Mentions will all receive a 1 year free pass for the bus system which should start around the first week of July. Jeff Martin - Livermore Beeline, Robert Harms - Grapeline, Vivian Dane - The Lift, Ayn Weiskamp - Leaping Lizards, Linda Akins - Getty Up & Go, Mary O'Neal - The Lark, Bobby Woodworth - The Shuttlebug, Allen Reubelt - Livermore Stage, Diane Larsen - Sunshine Express, Joan Rien - Hill & Daler. OPEN FORUM (East First St. & Portola) Rich Buckley, 620 Hayes Avenue, stated that he feels there are some short-comings in the way applications are being handled in the City Planning Department. Some time ago he filed an application on behalf of a customer regarding a piece of property on East First and Portola and it is now being considered under public hearings by the City. He said he and his customer were discouraged from making a formal application subject to a hearing on the property and felt they were misled by the City staff as to how this application was going to be handled and how the procedural detail was going to be carried for- ward. Mr. Buckley said he felt the application was politically staged in his opinion to foreclose an opportunity by a developer working in conjunction with local real estate people to develop the commercial base of the City. He said he was willing to discuss his statements with the members of the Council as well as the staff and that he wanted it on record that he is planning to file a site plan on the development and use of East First Street and Portola Avenue. CM-1S-196 May 1, 1978 PUBLIC HEARING RE WEED ABATEMENT PROGRAM Mayor Turner opened the hearing for public comments. Dean Dicky, 30 Greenville Road, stated that he had received a notice to clear the land he rents from Sears. Since it is used for grazing purposes he inquired if a fire-break would be satisfactory. Dave O'Connor, Fire Marshall, replied that a fire-break is sufficient and that 20 feet is desired as the width for the break. There was no further public testimony. ON MOTION OF CM KAMENA, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE FOLLOWING RESOLUTION WAS ADOPTED OVERRULING PROTESTS AND DIRECTING THE STREET SUPERINTENDENT TO PROCEED WITH ABATEMENT. RESOLUTION NO. 107-78 A RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC NUISANCE AND DIRECTING THE SUPERINTENDENT OF STREETS TO CAUSE SAID PUBLIC NUISANCE TO BE ABATED RESIGNATION - PLANNING COMMISSIONER A letter was received from Brenda Souza stating that effective May 1, 1978, she will no longer be able to serve on the Planning Commission. The Council accepted her resignation with regrets and directed the staff to prepare a letter of appreciation to be sent to Mrs. Souza. The Mayor also directed the staff to pUblicize that the City is accepting applications for the seat on the Planning Commission. FIRST STREET RELOCATION A letter dated April 24, 1978, was received from the State Department of Transportation regarding the estimated cost for construction of the approaches for the railroad grade separation project on First Street between Maple and Scott Streets. The matter of business interruptions due to construction as well as the name change on the street was discussed and the City Manager stated that businesses will be notified far in advance of these matters. ALAMEDA COUNTY FIRE CHIEFS ASSOCIATION A letter was received from the Fire Chiefs Association of Alameda County expressing their concern regarding problems and decisions which Proposition 13 presents if it passes and urged all cities under the Mutual Aid Plan to consider public safety as a primary considera- tion when making these decisions. COMMISSION ON AGING - BART STATION STAFFING The Commission on Aging sent a copy of their letter to BART stating their protest on BART remotely staffed stations. The Council requested that the City Manager write BART supporting the Commission's views on this issue. CM-i5-l97 May 1, 1978 BOARD OF SUPERVISORS - RESOLUTION RE SEWAGE DISPOSAL SYSTEM A resolution was received from the Board of Supervisors stating their adopted policy and negative declaration on sewage disposal systems. The City Manager stated that the policy does not cover many of the restrictions and controls we had asked for, however, he felt it was better than he had expected for a final policy. The Council requested that Mr. Parness draft a letter to the Board expressing our dissatisfaction in general and point out the specifics which we feel were omitted and bring it to Council in two weeks for their review. REPORT - CITY MANAGER (re Public Works) Mr. Parness reported that he and Dan Lee, Public Works Director will be meeting with PG&E on May 3rd regarding the high cost of energy to the City. PG&E has done a survey of our energy use and has made some suggestions on how to reduce the load. One is to convert some of our street lights to a new system called pressure sodium lighting. These new light fixtures use less energy, give more light and are less costly. (LAVWMA) The Technical Advisory Committee to LAVWMA is continuing to meet on the reclamation program and is now in the final stage of the review of the scope of work and hope to finish soon. The approximate cost of the project now is set at $430,000. (West Clear Zone) It now appears that settlement is near on 13 acres for the West Clear Zone which will be a very important addition to property inventory. (Industrial Map) An industrial map, prepared some time ago, showing the size of the parcel, ownership, and utilities available is being updated and reproduced for distribution. It is hoped it will be ready in three weeks. (Water Reclamation Plant) Mr. Parness reported that three trainees have passed their State licensing program. (Library) A new cooperative library system is now under formulation throughout the County. This will be reported back to the Council later because through the joining of a cooperative program we are able to take advantage of services afforded by other larger libraries, technical and reference services and also we are able to qualify for State and Federal grant monies which were not available before. (Community Development) It has been confirmed that American Motors will establish a dealer- ship in Livermore on First Street. CM-35-l98 May 1, 1978 (re Home Fire Safety) We have a new program by employing CETA people who have been very carefully trained in home fire safety. These two people are going door to door asking permission to inspect the homes for fire safety, general emergency conditions, smoke detectors, etc. About 30% of the calls are being well received and appreciated by the home owners. (re Personnel) Mr. Parness reported that the Police Chief exam is scheduled for the week of May 1, beginning Tuesday to run through Friday. In addition to this exam, there are twelve other employee exams in process for various City jobs. (Miscellaneous) r The APache Bus Line representative is in town this week working with the staff in trying to locate office space for their office. They are also recruiting people for drivers and mechanics with the anti- cipation of starting the bus service the first part of July. The staff has been talking to different phone companies to see if it will be to our advantage to recommend an alternate phone system for the new administration building. On preliminary investigation it appears there is a substantial economic advantage to this system. A report will be coming to the Council at the earliest possible date. VARIANCE APPEAL - FIREHOUSE DISCO em Dahlbacka registered an appeal on the variance granted for a reduction of setba.k for.use from the required 200 feet from the boundary of a residential district to 183 feet, and reduction of setback for building of 20 feet from the property line to zero feet. . ", ".. Protests were received from a number of property owners and residents sta~ing that the noise level would be excessive, that the location does not have proper parking facilities and that it would create a traffic problem on First Street. After lenqthy public testimony, and staff and Council discussion, it was agreed that the planning Director would conduct a noise level test within the weak and report back to Council with the results on May 8. RECESS Mayor Turner called for a brief recess after which the Council meeting resumed with members present as during roll call. VARIANCE APPEAL - 160 HOLMES STREET An appeal has been filed by Flying "J" Inc., regarding the Planning Commission denial of a variance to allow a second free standing sign at 160 Holmes Street for a new automobile service station which was recently constructed. , , CM-35-l99 May 1, 1978 (re Variance Appeal - Flying "J") The applicant, Ted Burrell, explained to Council that the request is to allow a 27 ft. sign to be errected on the solid block wall which separates the service station from the motel next door and that the wall is required for fire safety purposes. The Fire Marshall confirmed that the wall is required. It was determined by the Council that a sign attached to the block wall would not be considered a free standing sign and would there- fore not require a variance. - ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COUNCIL GRANTED PERMISSION TO THE APPLICANT TO MOUNT A 27 FT. SIGN ON THE BLOCK WALL AND RULED THAT NO VARIANCE WAS REQUIRED. REPORT - CUP APPLICATIONS Due to other detailed new business and the time limit, this item was continued for one week. CUP APPLICATION - Jack Bisio NORTHFRONT ROAD A Conditional Use Permit has been requested to allow construction of a retail and wholesale horse trailer sales and service facility at 6784 and 6876 Northfront Road. The project includes the future retail sales of portable horse stalls, fencing materials, feed and animal care products. The issue of sewer facilities was raised immediately and the applicant representative stated that they are willing to work out this problem however is best. He also stated that if holding tanks were allowed in that area or if bonds were sold to support a sewer line, you would see the area develop very rapidly. The Public Works Director commented that if bonding is the answer it would create the necessity for holding tanks in the meantime and emphasized that we need a clear-cut plan for that area. He went on to say that holding tanks are probably the only possibility at this time if business is going to be allowed to develop there. The question, however, is considering it may be a long time to get sewers there, how long would we want to see holding tanks in the area and would we want to see a large portion of that area developed without sewers. Mayor Turner suggested that this item be referred back to staff to comment on this particular application as well as its impact on the entire sewer treatment problem in that area. He felt the City needs to formulate a different sewer policy in that area than we have for the other parts of the City. The Council requested that this report be returned to Council in two weeks. CUP APPLICATION - MENEZES BROS ." NORTHFRONT ROAD A Conditional Use Permit is requested by Menezes Brothers, Inc. to permit construction of an agricultural transfer station at 6884 Northfront Road. The 5.5 acre portion of the site that has frontage on Northfront Road is located within the City. The rear 4.0 acre portion is under the jurisdiction of Alameda County. The applicant CM-35-200 May 1, 1978 (re CUP - Menezes Bros.) is proposing that the sewage disposal be provided by a septic tank to be constructed on the County portion of the property. The transfer of hay cubes would take place within a totally enclosed barn. The Planning Commission has recommended approval of this application set forth in their resolution No. 26-78 and the incorporated list of conditions of approval. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE RECOMMENDATIONS OF THE PLANNING COMMISSION WERE ADOPTED AS SUBMITTED. A resolution granting a Conditional Use Permit to Menezes Bros., Inc., will appear on the consent calendar next week to reflect the above action. CONDEMNATIONS The Council had previously authorized the appraisal and acquisition of property required for the widening of East First Street to a uniform width as part of the East First Street Project. The owner of one parcel, Ms. Julia P. Salas, has not responded to the City's ~ formal offer to purchase the .164 acre parcel located on East First Street between Scott Street and Trevarno Road. The owners of the second required parcel, Dr. and Mrs. Joseph Goralka, have not been able to mutually agree on the terms of sale for the City to purchase .089 acre located at the intersection of East First and Scott Streets. The staff has recommended that eminent domain proceedings be commenced to assure the availability of the property as required by the Public Works construction schedule. Negotiations for purchase will continue. ON MOTION OF CM KAMENA, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE FOLLOWING RESOLUTIONS WERE ADOPTED. RESOLUTION NO. 108-78 A RESOLUTION DECLARING NECESSITY AND AUTHORIZING THE CONDEMNATION OF FEE SIMPLE ESTATE FOR PUBLIC STREET AND RELATED PURPOSES OF 3892.4 + SQUARE FEET AT NORTH- EASTERLY CORNER OF EAST FIRST AND SCOTT STREETS IN THE CITY OF LIVERMORE, COUNTY OF ALAMEDA RESOLUTION NO. 109-78 A RESOLUTION DECLARING NECESSITY AND AUTHORIZING THE CONDEMNATION OF FEE SIMPLE ESTATE FOR PUBLIC STREET AND RELATED PURPOSES OF 0.164 + ACRES AT SOUTH SIDE OF EAST FIRST STREET, 700 + FEET EAST OF SCOTT STREET IN THE CITY OF LIVERMORE, COUNTY OF ALAMEDA TENTATIVE TRACT MAP 2475 S.P. DEVELOPMENT CO. A Tentative Parcel Map No. 2475 has been presented by Associated Professions, Inc. for Southern Pacific Development Company. This parcel map is for subdivision of a 79,542 sq. ft. parcel into two lots. Parcel A will be 36,702 sq. ft. and Parcel B will be 42,840 sq. ft . CM-35-20l May 1, 1978 (re S.P. Tentative Parcel Map No. 2475) The land use for the site is located at the Southeast of the inter- section of Railroad Avenue and North "P" Street, zoned CG (General Commercial). The purpose of the project is to provide a site for the development of a restaurant on Parcel A. The City's records indicate the submitted parcel map is only a portion of a much larger parcel and in order to meet the requirements of the State Sub- division Map Act, the parcel map must include the entire parcel. Therefore, the Planning Commission could not make the necessary findings to approve the Parcel Map. --"'"~ The Planning Commission did, however, conclude that the map is not consistent with the General Plan in that the development would not conform to Goal #5 of the Central Area Element. This goal states that the first phase of development provide a north-south pedestrian link between "P" and ilL" Streets from Railroad Avenue to the existing commercial development on First Street. Dividing the superblock as proposed would separate the western parking area from the mall development. The Planning Commission, therefore, does recommend denial as outlined in their Resolution No. 30-78. Howard Nies, Planning Director, commented that in addition to the above findings, the Planning Commission brought up the matter of right-of-ways to be dedicated for the parcels involved and if S.P. would pay for the median that would be installed at this time. The Council felt that they should have more input from Southern Pacific as to their long range plans for the entire area before reaching a decision on this matter. Mayor Turner asked Mr. D. J. Hanesworth, representative for S.P., if he would submit in writing S.P.'s full intentions on the development of these parcels and that the matter would come before the Council again on May 8th. Mr. Hanesworth agreed and said a letter would be in the mail within the week coveriag these points. FINAL PARCEL MAP 2387 RESEARCH DRIVE The Developer of Parcel Map 2387, Kermit M. Knopf, has completed the final map and plans in accordance with the conditions of the tentative parcel map approval. In addition, the developer has estab- lished an escrow account for the City to guarantee the construction of the required off-site improvements within one year. The method of security has been approved by the City Attorney. The staff has recommended that the City Council approve the parcel map and allow the map to be filed. ON MOTION OF CM STALEY, SECONDED BY MAYOR TURNER, AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED STAFF RECOMMENDATION RESOLUTION NO. 110-78 A RESOLUTION APPROVING PARCEL MAP 2387 (KERMIT M. KNOPF) ANDERSON DEVELOPMENT PROPOSAL A request has been received from Mr. Chester Anderson that a contract be executed with the City providing for the development of the acerage located at the southeast intersection of portola Avenue and 1-580, comprising 52 acres, more or less. The intended density of the owner would be 300 dwelling units. It is the desire of the owner to con- struct the units while the property is unincorporated but which would be done in conformance with City zoning, public works standards and fees. Following construction, annexation would be completed. CM-35-202 May 1, 1978 (re Anderson Property) The City Manager stated that this proposal, similar to others, seems to be in general compliance with most of the City's planning and policy intentions except that he would recommend holding this proposal in abeyance pending the completion of the residential development policy now under preparation by the Planning Commission. In the Council discussion that followed, Cm Staley recommended that the City continue negotiations with Mr. Anderson, draw up a contract for annexation pending acceptable approval of a subdivision map, and meanwhile the residential development policy will be in- corporated. The City Attorney explained that a situation as suggested by em Staley could put the City in a bad situation legally to draw up any contracts before annexation is approved. em Staley asked the City Attorney if he could outline in a report to Council the various ways of handling this matter and the legal aspects involved so that the Council could take the appropriate action. The City Attorney agreed that he could provide some guide- lines, outlining the factors that would go into the consideration of making the appropriate decision. This item was continued for two weeks, with the applicants consent, pending the report from the City Attorney. CUP APPLICATION - ROY JENSEN CONSTRUCTION CO. The Planning commission has considered in public hearing a CUP application for an industrial/business park to be constructed on the North side of Las Positas, east of Kitty Hawk. The Planning Commission has recommended conditional approval, however, as a requirement of the zoning ordinance, a public hearing before the City Council must be held. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, MAY 22, 1978, WAS SET AS A PUBLIC HEARING DATE ON THIS MATTER~ BUS SYSTEM LOGO The bus system logo has been chosen and approved by the City Council. It is now necessary to engage a commercial artist to prepare the graphics. Contacts have been made with five commercial artists and the staff has recommended that a contract be made with a well- known artists in Valley circles, Mr. John Pena. A further recom- mendation was that a sum of $1,000 be appropriated for the necessary design work including the design of bus painting schemes and production consultation on required printing jobs. Funds for the design work and subsequent printing work are reimbursable from our 1978-79 TDA grant. ON MOTION OF CM KAMENA, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED STAFF RECOMMENDATION AND DIRECTED THE STAFF TO DRAW UP THE NECESSARY CONTRACT AND RESOLUTION FOR CONSENT CALENDAR ADOPTION ON MAY 8. CM-35-203 May 1, 1978 WATER RECLAMATION PLANT - CAPACITY STATUS REPORT This report, prepared by the Public Works Director, estimates the remaining capacity considering the flow reductions due to the drought. The Council requested that this report be combined with the forthcoming sewer allocation policy report and brought back to them on the agenda. ~.' STREET NAME CHANGES - FIRST STREET REALIGNMENT with the realignment of First Street, the City must consider appropriate identification for the new and existing streets in the project area. In o~der to maintain continuity in the present street name system, the realigned portion of the State Highway 84 should be identified as First Street. With the old section of First Street separated into two segments by the barricaded railroad right-of-way, separate names must be con- sidered for each section of the street. The staff has recommended that the westerly section of First Street become an extension of Junction Avenue and Junction Court be used for that section of First St. between Junction Avenue and the railroad tracks, which will become a cul-de-sac. The Junction Avenue name is well known and highly identifiable and its extension between two major streets (North Livermore and First Streets) would maintain the continuity that it presently has. The staff also recommended that the easterly section of First Street become an extension of Martin Avenue from Martin Avenue to Scott Street. The section of First Street between Martin Avenue and the railroad tracks would be identified as Martin Court. Since it will become a cul-de-sac, the extension of Martin Avenue will provide continuity of that street. The staff recom- mended that the Council refer these suggestions to the Planning Commission and the Fire Department for their review and report. It was also recommended that the City Clerk review the house number plans to verify that the recommended street names are compatible with the existing numbering system. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED STAFF RECOMMENDATION. ANNEXATIONS - UNINCORPORATED AREAS The Council received a report from the Planning Commission relative to initiating annexation of nine county areas. The Commission reported, after reviewing the areas, that this would not be the appropriate time to pursue these annexations. The bases for their determination are 1) The area cannot be served by the City, 2) The areas are not developed nor developing, and 3) The City has until 1979 to annex the properties. The Commission recommended that the Council first request that LAFCO reconsider the sphere of influence of Livermore. If it can be expanded, then the City could be in a position to provide sewer service and some of the areas might be ready for development. Mr. Parness asked the Council if they wanted to approach LAFCO with our request under the general guides of reconstruction or if they would like to offer to LAFCO some proper delineation. The Council requested that Mr. Parness draw up a plan to submit to LAFCO setting forth some definite guides and bring it back to Council for approval before submitting it. -." CM-35-204 May 1, 1978 CONSENT CALENDAR Reso. - Fee Waiver This is a request to waiver City fees for our new administration building. Waiver of City fees for such projects has been the practice in the past as the transfer of City funds from one account to another is meaningless. The County fees must be paid for the project and approval of that expenditure is requested also. RESOLUTION NO. 111-78 A RESOLUTION WAIVING CITY FEES AND APPROVING PAYMENT OF ZONE 7 FEE FOR THE ADMINISTRATION BUILDING Reso. - Rejecting Claim RESOLUTION 112-78 A RESOLUTION REJECTING THE CALIM OF KAY PARRA Resos. - Livermore Firefighters RESOLUTION NO. 113-78 A RESOLUTION AUTHORIZING EXECUTION OF MEMORANDUM OF UNDERSTANDING (LIVERMORE FIREFIGHTERS I.A.F.F. Local 2318) Reso. - Salary Amend. RESOLUTION NO. 114-78 A RESOLUTION OF THE CITY OF LIVERMORE AMENDING RESOLUTION NO. 35-78, FOR THE CLASSIFIED AND UNCLASSIFIED EMPLOYEES OF THE CITY OF LIVERMORE, ESTABLISHING RULES FOR ITS USE Reso. Property Acquisition RESOLUTION NO. 115-78 A RESOLUTION AUTHORIZING PURCHASE OF LAND, EXECUTION OF AGREEMENT AND AMENDMENT OF BUDGET (10 ft. Walkway - Tanager & Finch) Reso. - Bid Award College Ave. Channelization RESOLUTION NO. 116-78 A RESOLUTION AWARDING BID (COLLEGE AVE. CHANNELIZATION AT FOURTH STREET) (P & F CONSTRUCTION) Reso. - Bid Award P Street Median RESOLUTION NO. 117-78 A RESOLUTION AWARDING BID (liP" STREET MEDIAN CONSTRUCTION) BAY AREA CONCRETES, INC.) Reso. - Bid Award Pacific Ave. Extension RESOLUTION NO. 118-78 A RESOLUTION AWARDING BID (PACIFIC AVE. EXTENSION) S. M. MCGAW COMPANY CM-35-205 May I, 1978 Reso. - Auto Specialty Center RESOLUTION NO. 119-78 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (AUTO SPECIALTY CENTER) Reso. - Committee Appt. .-. RESOLUTION NO. 120-78 A RESOLUTION FOR APPOINTMENT TO THE SOCIAL CONCERNS COMMITTEE (CLARICE SISEMORE) RESOLUTION NO. 121-78 A RESOLUTION FOR APPOINTMENT TO THE HERITAGE PRESERVATION COMMISSION (ANN LEWIS, GARRETT DRUMMOND & CHET FANKHAUSER) Reso. Lot Line Adjustments RESOLUTION NO. 122-78 A RESOLUTION AUTHORIZING LOT LINE ADJUSTMENT (PARK STREET & NORTH K - MESSA) RESOLUTION NO. 123-78 A RESOLUTION AUTHORIZING LOT LINE ADJUSTMENT (HOLMES AND MURRIETA BOULEVARD) (PLONE, ET AL) P.C. Minutes The Planning Commission minutes from their meeting of April 4, 1978, were noted for filing. Warrants There were 22 warrants in the amount of $22,641.89, dated April 26, 1978, and approved by the City Manager. MATTERS INITIATED BY THE STAFF AND COUNCIL Cm CmEbert commented that he has had complaints from real estate people regarding their sign in that the Police Department picks them up if they are obstructing the pUblic right-of-way. Cm Ebert suggested that the Police not pick up the signs if they are not blocking a street, etc., only if they are and then issue a citation. Complaints have been received by Cm Ebert regarding City vehicles which are parking in the spaces in front of City Hall. Mr. Parness explained that he had already issued a memo to employees asking them not to park in those spaces as the nearby business need those spaces for their customers. CM-35-206 May 1, 1978 (Matters Initiated) Cm Staley reported that he would like to write a letter to BART and inquire what their plans are for expansion in this area, i.e. lines, hours, days, etc. He said he was not speaking of bus service, but when BART plans to bring the rails to the Valley. He felt we should take a position and insist that BART service this area before any other areas are serviced. The City Attorney was asked to research our legal rights as to BART's obligation to this area. Mayor Turner stated that he has been serving as the temporary representative on the Alameda County Housing Commission. He requested that this item be placed on the agenda in the near future and if anyone was interested in applying to do so. He commented that he would be willing to continue to serve on the commission if that was the desire of the Council. Mayor Turner discussed the length of Council meetings and how they could best use the 3~ hours which has been designated for the meet- ings. He suggested that if a Councilmember knows he is going to ask for additional information from staff that he do so at the beginning of the discussion and then the matter can be put over to the next meeting. ORD. RE FRANCHISE S.P. TRANSPORTATION CO. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, AN ORDINANCE GRANTING A FRANCHISE TO S.P. TRANSPORTATION CO. WAS ADOPTED. ORDINANCE NO. 947 AN ORDINANCE GRANTING A FRANCHISE TO SOUTHERN PACIFIC TRANSPORTATION COMPANY ORD. AMEND. RE CS- COMMERCIAL SERVICE DIST. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, AN ORDINANCE AMENDING ORDINANCE ~O. 442, AS AMENDED WAS ADOPTED. ORDINANCE NO. 948 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE RELATING TO ZONING, BY THE AMENDMENT OF CHAPTER 9.00, RELATING TO CS - COMMERCIAL SERVICE DISTRICT. ORD. AMEND. RE CG- GEN. COMMERCIAL DISTRICT ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED WAS ADOPTED. ORDINANCE NO. 949 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE RELATING TO ZONING, BY THE AMENDMENT OF CHAPTER 12.00, RELATING TO CG - GENERAL COMMERCIAL DISTRICT. CM-35-207 May 1, 1978 INTROD. ORD. RE ZONING ORD. AMENDMENT ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE AN ORDINANCE AMENDING ORD. NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE BY AMENDING SECTION 3.00 RELATING TO ZONING WAS INTRODUCED AND READ BY TITLE ONLY. _/ INTROD. ORD. RE FAST FOOD BUSINESS ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, AN ORDINANCE AMENDING ORD. NO. 442, CHAPTERS 21.00, 28.00, AND 31.00 RELATING TO FAST FOOD BUSINESS WAS INTRODUCED AND READ BY TITLE ONLY. (Executive Session) The City Attorney requested an executive session to immediately follow adjournment of the Council meeting to discuss litigation. Ed Schilling, Assistant to the City Manager, requested an executive session for Monday, May 8, 1978, at 7:30 p.m. to discuss labor negotiations. ADJOURNMENT APPROVE Mayor Turner adjourned the meeting at 11:35 p.m. to an executive session immediately following which would adjourn to an executive session at 7:30 p.m.;:>}l~ay 8, 1978. (~\ . I Ma /-^-'L- ~ ~ 1 I 1 {) - ATTEST C1ty Cler Livermore, California Adjourned Regular Meeting of May 8, 1978 An adjourned regular meeting of the City Council of the City of Livermore was held on Monday, May 8, 1978, at 7:30 p.m. in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting immediately adjourned to an executive session to discuss labor negotiations. Present: Cm Dahlbacka, Ebert, Kamena, Staley and Mayor Turner Absent: None CM-35-208 Regular Meeting of May 8, 1978 A regular meeting of the Livermore City Council was held on May 8, 1978, 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 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 - 4/3/78 & 4/10/78 CM DAHLBACKA MOVED TO ACCEPT THE MINUTES OF APRIL 3 AND APRIL 10, 1978, AS SUBMITTED, SECONDED BY MAYOR TURNER. \ There was some discussion regarding the April 10 minutes under the item regarding the refund to the Chamber of Commerce. Mayor Turner felt that some vital points were not covered by the minutes and requested that these minutes be withheld until he could review the transcript of this particular item. MOTION AMENDED TO DELETE APPROVAL OF THE MINUTES OF APRIL 10, 1978. AMENDMENT PASSED UNANIMOUSLY. MAIN MOTION PASSED UNANIMOUSLY. SPECIAL ITEM A brief slide show was presented by Lois Hill, Recycling Task Force, regarding the curbside pickup story. OPEN FORUM John Migorria, 5267 Tesla Road, spoke about the smog in the Valley as well as suggesting that housewives get rid of their garbage disposals and recycle the wet garbage. Billy McDaniel, 981 DeCaen Ct., stated that she has been harassed by the Police Department and has filed complaints, but has not had any response. Mayor Turner suggested that Ms. McDaniel contact the City Manager and file her complaints with him. If she is not satisfied with the results to then contact the Council in writing. Jan Brice, 2705 Superior Drive, commented on em Ebert's recent statement regarding the youth in Livermore. em Ebert explained that his statement was intended for a fraction of the community and that he did not wish to retract his comments with regard to the youth and the problems that may be incurred with the disco planned for First Street. Don Miller, 2862 Waverly, commented on real estate people who are deliberately placing sign in violation of the ordinance. Cm Ebert said he would request that this issue be placed on a future agenda for discussion. CM-35-209 May 8, 1978 COMMUNICATION RE ALAMEDA COUNTY FOSTER YOUTH SERVICES A letter was received from the Alameda County Foster Youth Services requesting Council endorsement of their program as well as a donation of $300 for support of this agency. Mr. William Barnette, Executive Director of the agency spoke to the Council regarding the services offered by the Foster Youth Services and the reasons for his request. ~ During Council discussion it was agreed that the entire Council wished to endorse the program, however, they could not reach a decision on supporting the program in funds since it has been policy in the past to support only those which are sponsored by the City or by a city-sponsored organization. The Council requested that the staff supply the Council with the written policy as well as a recommendation for the next Council meeting. COMMUNICATION RE RESIGNATION- HOUSING AUTHORITY BOARD A letter of resignation was received from Mrs. Ardella M. Eckland indicating she will no longer be able to serve on the Housing Authority Board. Mayor Turner requested that the staff send Mrs. Eckland a letter of appreciation and to post an opening on the Housing Authority Board. COMMUNICATION RE RESIGNATION- ENERGY COMMITTEE A letter of resignation was received from Larry Beard stating that he will no longer be able to serve on the Energy Committee. The Council accepted Mr. Beard's resignation and requested the staff to send a letter of appreciation to him and post a vacancy on this committee. COMMUNICATION RE TIME EXTENSION- NAYOR AVENUE IMPROVEMENTS An agreement in effect with Capital Metals Co. provides for the eventual improvement of Naylor Avenue at such time as access is desired, abutting development occurs or from one year from date of the agreement, May 12, 1977. Since none of the developments or improvements occurred a one year time extension was granted last year and the company is requesting a one year extension. The City retains the right to request the improvements upon 90 days notice. The staff has recommended that the Council authorize a contract amendment. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, A ONE YEAR EXTENSION WAS GRANTED. A resolution confirming the above action will appear on the consent calendar for May 15. CITY MANAGER'S REPORT (Public Works Resignation) Lee Kerin, Asst. City Engineer, after working with the City for a number of years has turned in his resignation to accept employ- ment with a private firm. CM-35-2l0 May 8, 1978 (Utility Services - Public Property) The City is trying to obtain water services, particularly in the Civic Center area. We hoped to provide our own service through a well or other sources rather than from the residential commitments. There seems to be some promise of going through the LARPD system that will extend water and sewer lines to the Robertson Park Property. From that we may be able to work out an extention, this is by virtue of a state grant. We are working on acquiring the necessary service this way. (Speed Bumps) The speed bumps in Leahy Square have been installed and we hope will satisfy the need. A report will be requested from the Housing Authority concerning this matter. (Letter re First St. Project) Mr. Parness referred to a letter, for information, given to the Council at last week's meeting. The letter had been printed in the paper and the reporter commenting on the letter has miscontrued the meaning of the letter. In answer to Mr. Parness, Dan Lee, Director of Public Works, stated that the intent of the letter was to explain that Cal-Trans had been contacted to enlist additional financial support for the supplementary type of improvements on the First Street Overhead project and the questioned time of the personnel involved in the project was being charged out to the appropriate projects and not all charged to the EDA as assumed by the reporter. The news article was a misconception on the part of the reporter. (Public Safety) The Police Department is planning to staff booth at the County Fair in June and July. public relations and the community lisison Criminal Justice Planning Board will staff our police officers. the Crime Prevention This has been good person with the the booth with one of (Fire Dept.) The Fire Departments throughout the valley are undergoing an extensive plan that they are composing to take into account the mutual aid. There is much concern over the large amount of cover growth. When this cover growth dries it will be a definite fire hazard. The Fire Department's mutual aid plan is very good and they are undergoing careful training for such eventuality. The Fire Department at Mr. Parness' request has been extending in-service training to all the staff, on emergency fire responses, particularly office people and what might be expected of them in emergencies of this type. (Personnel Dept.) After long hours and extensive investigations, an oral board for interviewing Police Chhief candidates is scheduled for next week. There are 50 CETA employees, seven of these are terminating, due to the end of the funding. We have hopes of bringing back some of the seven to fill out the 50, to remain with us until September when Phase 3 of CETA funding ceases. CM-35-211 May 8, 1978 (Personnel Dept.) Personnel has 9 employee examinations in process as of this date. (Planning Dept.) Livermore has been officially certified as having a population of 49,155 people. The planning Commission has appointed 2 members to meet with three members of the P.C. of Alameda County to discuss some concerns with the area on our perimeter. The first two meetings have been very beneficial and more are scheduled. Dan Freitas, Park & Trees Supervisor, has been assigned as the staff representative on the Beautification Committee and can act as liason between the Committee and the staff should the need arise. ._~--_." (OSHA Training) The City is having all of the Supervisors, those that can be allowed the time, participate in a two day training session that will take into account the OSHA (Office of Safety and Health Administration) responsibilities on a wide variety of safety procedures, accident prevention and all related matters. CONTINUED DISCUSSION RE FIREHOUSE DISCOTHEQUE Howard Nies, Planning Director, reported during the continued discussion of the Firehouse Disco variance application, concerning noise readings that were made in the vicinity of the proposed disco. Those readings were made with a machine that measures the noise level. The readings confirmed that with the doors open or shut; windows open or closed; music on or off; the noise level remained within a reasonable sound level. After some discussion concerning any previous motions on the floor: A MOTION BY CM KAMENA THAT ALL PREVIOUS MOTIONS BE STRUCK WAS SECONDED BY CM DAHLBACKA, AND PASSED WITH A UNANIMOUS VOTE. CM STALEY MOVED TO ADOPT THE P.C. RECOMMENDATION TO GRANT THE VARIANCE WITH THE ADDITIONAL CONDITION THAT OPERATIONS NOT COMMENCE BEFORE 8:00 P.M., MONDAY THRU SATURDAY. SECONDED BY CM DAHLBACKA. CM KAMENA MOVED TO AMEND THE MOTION TO BE CONSISTENT WITH APPROVAL GRANTED TO RINCON CENTER DISCO AND TO AFFORD THE SAME HOURS TO THIS APPLICANT. SECONDED BY CM STALEY. AMENDMENT PASSED, 3-2, CM DAHLBACKA AND EBERT DISSENTING. MAIN MOTION PASSED 4-1, CM EBERT DISSENTING. RECESS Mayor Turner called for a brief recess after which the Council meeting resumed with all members of the Council present. CM-35-212 May 8, 1978 CONTINUED DISCUSSION S.P. TENTATIVE TRACT 2475 This was a continued discussion from the meeting of May 1. The Council requested that S.P. supply in writing their particular intentions and goals for the Central Area of the City. A letter, dated May 3, 1978, was received from Mr. Dan Hanesworth, Assistant General Manager of the S.P. Development Company, stating that it is not their desire to develop the "superblock" in a piecemeal fashion, and that they have agreed to the Central Area Element plan and will abide by its implementation. S.P. Co. proposes that the balance of the superblock development will go forward when market conditions permit, in particular when a department store user commits to the site, and that it is not at all unusual for components of the project to be constructed in phases as long as the master plan is followed. They state that they have concerns that denial of a parcel map on basis of timing is an arbitrary and unreasonable act and one which is contrary to the law. In suggesting a method to allow their project to proceed and at the same time insuring that the goals of the general plan are met, S.P. proposed approval of the map subject to the following conditions: 1. Recordation of cross easements between Parcel A, Parcel B and the Fletcher leasehold property. This would require joint use of and access to all three properties and would effectively bind together any and all future development. 2. SP Development Company, its successors or assigns, to enter into agreement with the City whereby the parking layout on Parcel A would be modified at the time the future development proceeds to conform to the then approved site plan. Finally, the Council was urged to consider the worthiness of their tenant, Sizzler Family Steak House, in that it is a family oriented, use, moderately priced, and one the citizens can be proud to have in the downtown area. They also stated that this particular facility will be owned and operated by Collins Foods International, a multi- million dollar, worldwide restaurant and food corporation. em Dahlbacka asked the City Attorney if in his opinion is there something potentially illegal about requiring timing. The City Attorney replied that in his opinion it is not illegal in that it takes a concept, namely time phasing, and carries it to what is its logical conclusion. However, he added, that time phasing has not been conclusively determined as to its legal validity in courts in California and particularly not to this extent. em Dahlbacka also asked if this particular matter is considered a matter that is subject to specific planning as outlined in the Subdivision Map Act. The City Attorney stated that this is correct, time phasing has before been used to the general plan stage but this carries it well into and passed the general planning and into zoning and subdivision areas. CM EBERT MOVED TO REJECT THE PLANNING COMMISSION DENIAL AND ALLOW SP TO GO AHEAD WITH THEIR PLANS OF ESTABLISHING A RESTAURANT. SECONDED BY MAYOR TURNER. -"-.- The Mayor questioned the City Attorney as to the wording of the motion and if the above motion was sufficient. The City Attorney stated that the motion should include the fact that the Council wishes to approve the tentative map as submitted with the engineer- ing considerations and other conditions proposed by staff as the approval. CM-35-2l3 May 8, 1978 (re S.P. Tentative Tract 2475) CM EBERT AMENDED HIS MOTION TO INCLUDE APPROVAL OF THE TENTATIVE MAP WITH ENGINEERING CONSIDERATIONS AND CONDITIONS PROPOSED BY STAFF. AMENDMENT SECONDED BY MAYOR TURNER. Cm Kamena inquired if the motion passes, would we not be in conflict with the goals of the General Plan amendment. The City Attorney responded that this is a test of consistency in that Goal 5 states that in the first phase of development a north/south pedestrian length will be provided between P & L streets from Railroad Avenue to the existing commercial development on First Street. The test for consistency is whether or not an action by the City Council will defeat or render impossible the attainment of the ultimate objective of the General Plan. -- MAIN MOTION FAILED 2-3, CM DAHLBACKA, KAMENA AND STALEY DISSENTING. A lengthy discussion followed between the Councilmembers and Mr. Hanesworth as to their individual concerns about developing in a piecemeal fashion. ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA, IT WAS MOVED TO TABLE THE ITEM. MOTION PASSED 4-1, CM EBERT DISSENTING. Mayor Turner stated that this item will be discussed again near the end of the meeting. SEWER ALLOCATION POLICY This was a continued discussion from a previous meeting. The Council was given a report from the Public Works Director on current treatment plant capacity estimates. Mayor Turner stated that he thought the Council was going to discuss the capacity and the policy of allocation along with the Bible College question about transfers. The Council agreed that this was their understanding. Mayor Turner went on to say that he felt this item needs more staff work as to staff recommendations and any legal implications if the policy is changed in any way. For instances, could we turn down tract maps or delay them until we have the residential growth plan, and what percentage should be saved for industrial development growth, etc. Cm Kamena questioned why the difference between .4 and .6 million gallons from 1975 to 1978 other than simple reclamation measures that people have taken. Dan Lee, Public Works Director, responded that the difference is not the result of anything the City has done with regard to storm drains, etc., but mainly due to conservation measures by the public and industry. He said he does not know of any reason at this time why our capacity allocation will be changed. Cm Dahlbacka commented that he feels we can consider the possibility of full plant capacity based on the conservation efforts. However, he was concerned as to what time period the monitoring covers and how rapidly the use comes back to full use, if at all. He requested information from staff on these points. His other concern was even ~. though we are off the cease and desist order he would not be comfortable to institute any major changes in the sewer policy without consulting the Regional Board. CM-35-2l4 May 8, 1978 (re Sewer Allocation Policy) Cm Dahlbacka also suggested that a letter be written to the Regional Board requesting their input as to our using the extra capacity received from the drought conservation. Mayor Turner suggested that the Public Works Director call the Regional Board staff and get a verbal opinion so that we would not be going to the Board with a formal request for an opinion. Cm Ebert, Kamena and Staley agreed with the Mayor that they would rather have a verbal opinion rather than a written one. It was then agreed that the Public Works Director would call the Board and get their verbal opinion and report back on that as well as the other concerns of the Council for the June 5th meeting date. Mayor Turner added that he felt the Bible College issue, however, should be scheduled for the next meeting, May 15. CONTINUED DISCUSSION RE CUP PERMIT PROCESS Mayor Turner stated that he had discussed this matter with the Planning Commission Chairperson and in general she feels that the report by the Community Development Director has some very good points and that there should be more flexibility. The Planning Commission has requested that they be allowed to give some input on this matter. Manny Gorland, Community Development Director, responded that he had brought this before the Planning Commission over a year ago with recommendations with regard to broader stipulated uses. Over much discussion it was cut back to what has now been adopted which specifies a very narrow range of uses, and what should have been adopted was a vast and broad range. Mr. Gorland said he felt this should go back to the Planning Commission, but there should be some intention shown on the part of the City Council that those areas where you cannot normally be specific as far as uses are concerned, be the areas used for Conditional Use Permit. The present policy is the reverse and that makes it very difficult to get a business to locate here and go through this long CUP process. He also requested the Council to urge the Planning Commission to reevaluate the CUP process and provide for specific types of uses. This, he feels, would be a very positive approach in attracting new business and industry to Livermore. CM DAHLBACK MOVED TO REFER THIS ITEM TO THE PLANNING COMMISSION WITH THE INTENT OF MINIMIZING USES THAT GO THROUGH THE CUP PROCESS AND ALSO TO CONSIDER OTHER PROCESSES SUCH AS INCREASED ZONING USE PERMIT PROCESS RATHER THAN THE CUP PROCESS AND TO REPORT BACK TO CITY COUNCIL AT THEIR EARLIEST CONVENIENCE. MOTION SECONDED BY MAYOR TURNER AND PASSED UNANIMOUSLY. CUP APPLICATION - INSTANT PRINTING BUSINESS The Planning Commission considered in public hearing on April 18, 1978 a request from Mr. Leo Manning to allow an instant printing business to be located in the Sunset Garden Office Complex at 1536 Holmes Street. The "CO" District allows professional and business offices not involving the sale of retail goods on the premises. This busi- ness is not a permitted use in the zone and requires a conditional use permit. The Planning Commission has recommended that the Council adopt their recommendation to approve the use based on their findings and conditions as covered in their resolution number 35-78. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED THE PLANNING COMMISSION RECOMMENDATION WITH INSTRUCTION TO STAFF TO PREPARE THE NECESSARY RESOLUTION. CM-35-2l5 May 8, 1978 RAILROAD AVENUE CONSTRUCTION PROJECT The City, in cooperation with the Southern Pacific Co., constructed Railroad Avenue between Stanley Boulevard and "P" Street. The Pro- ject was funded in part by the City and in part by the SP Co. The staff has completed the project accounting and divided the costs between the two agencies in accordance with the agreement. The staff needs City Council concurrence of the costs and the allocations to the two agencies. -- The total cost of the project was $245,484.28 with the City's propor- tionate share of $149,217.77 and SP's share of 96,356.51. In addition to these monies, SP must dedicate to the City certain properties for street rights-of-way and provide the City with a Maintenance Bond in the amount of $64,500. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED STAFF RECOMMENDATION AS TO ACCOUNTING WITH THE PROVISION THAT SP DEDICATE CERTAIN RIGHTS-OF-WAY AND PROVIDE A PROPER MAINTENANCE BOND. BUS ROUTE CHANGES AND STOP LOCATIONS A report, submitted by the Assistant to the City Manager, discusses three possible changes in the approved Livermore bus system routes. Two have the concurrence of the Transportation Advisory Committee and the third requires some community input. It also details plans for informing property owners of adjacent bus stop locations and a review process for stop locations. The routing changes are necessary to insure safe stop locations. Stop locations must be determined in May to allow the system to start in July. The staff has asked the Council to set a hearing on route changes and stop locations for May 22, 1978 and to authorize the Transportation Advisory Board to hold a Granada neighborhood meeting on May 10, and stop location infor- mation meeting on May 15. ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, THE COUNCIL SET MAY 22 AS THE PUBLIC HEARING DATE FOR ROUTE CHANGES AND STOP LOCATIONS AND AUTHORIZED THE TRANSPORTATION ADVISORY BOARD TO HOLD GRANADA NEIGHBORHOOD MEETING ON MAY 10 AND STOP LOCATION INFORMATION MEETING ON MAY 15. SALE OF SURPLUS PROPERTY At the time of award of the bid for 1978 Police vehicles, it was recommended that the trade-in amount for the existing vehicles ($600 each) was too low and the City would sell these vehicles at public auction. The new vehicles have been received and the City can participate in the Alameda County vehicle auction to be held on June 3, 1978. In order to proceed it is necessary that six 1976 Plymouth Valiant 4-Door Sedans be declared surplus property. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA, AND BY ANANIMOUS VOTE, SIX POLICE VEHICLES WERE DECLARED SURPLUS PROPERTY AND AUTHORIZATION GRANTED TO DISPOSE OF THEM AT THE COUNTY AUCTION ON JUNE 3, 1978. LAFCO SPHERE OF INFLUENCE .--- A map was displayed disclosing the City limits that the LAFCO staff had originally proposed. Mr. Parness explained that the staff is CM-35-216 May 8, 1978 (re LAFCO Sphere of Influence) suggesting that the City Council allow a draft offering to LAFCO to have them reconsider in accordance with their staff suggestion made about two years ago. The staff makes this suggestion because they feel this is a somewhat reasonable suggestion by LAFCO even though it is not what we had hoped for. It does not include our entire General Plan area which includes the entire township, however, LAFCO's suggestion does include more than the urbanized area. em Dahlbacka stated that he would like to see Livermore's sphere extended as far as possible to meet Pleasanton's in the area of the gravel pits since essentially that is an industrial use that is undergoing development now and will eventually be reclaimed. CM DAHLBACKA MOVED TO ADOPT THE PROPOSED LAFCO DRAFT SPHERE OF INFLUENCE, BUT TO INCLUDE THOSE AREAS THAT ARE PLANNED FOR GRAVEL QUARRY USE UP TO THE PLEASANTON SPHERE BOUNDARY. SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. e east side. He would ALAMEDA COUNTY HOUSING TASK FORCE REPRESENTATIVE Mayor Turner has been serving as the tentative representative to the Alameda County Housing Commission. It was determined that an elected member of the Council must continue to serve on this board. ON MOTION OF CM STALEY, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, MAYOR TURNER WAS SELECTED TO SERVE AS THE REPRESENTATIVE TO THE ALAMEDA COUNTY HOUSING COMMISSION. Mayor Turner explained that he is very willing to serve as the representative, however, there are times when he will not be able to make the meetings and requested Council concurrence that a member of the Housing Authority Board be selected as an alternate, the Council concurred. RESIDENTIAL DEVELOPMENT PLAN JOINT MEETING The Council agreed to meet in a joint session with the Planning Commission to discuss the residential development plan on May 23, 1978. COUNTY DISCRETE SEWAGE SYSTEM FACILITIES POLICY At the City Council meeting of May 1, 1978, a discussion was held concerning a recently adopted Discrete Sewage Facilities Policy by the Board of Supervisors. A letter was drafted by the staff to the Board of Supervisors stating Livermore's position on this subject. The Council concurred that the draft as presented by staff included all the points of their discussion and that the letter should be sent to the Board of Supervisors. CONSENT CALENDAR Reso.' Re Mutual Fire Assistance Program A resolution is necessary to authorize execution of an agreement amendment to add Danville Fire Protection District to the Mutual Fire Assistance Program. CM-35-2l7 May 8, 1978 (re Mutual Fire Assistance) RESOLUTION NO. 124-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (MUTUAL FIRE ASSISTANCE AGREEMENT) Reso. Approving CUP (Menezes Bros., Inc. The Planning Commission considered and recommended approval of a CUP to Menezes Bros., Inc. for construction of an agricultural transfer station within the CS District Located at 6884 Northfront Road. The City Council concurs with the P.C. findings contained in their Resolution No. 26-78. RESOLUTION NO. 125-78 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (MENEZES BROS., INC.) Reso. Auth. Exec. of Agreement (John Pena) An agreement has been drawn between the City and John Pena for graphic art services for the local bus transportation system, includ- ing the logo, bus schedule and bus stop signs. RESOLUTION NO. 126-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (JOHN PENA) Request by Boy Scouts Curb Painting of House Nos. The local Scout Troop 929 has requested permission to paint house numbers on curbs as a fund raiser to support troop activities. The work will be done during the months of May and June. The Council approved issuance of the necessary permits. P.C. Minutes & Summary of Action The Planning Commission minutes dated April 18, 1978, and their summary of action from their meeting of May 2, 1978, were noted for filing by the Council. Payroll & Warrants There were 107 warrants in the amount of $84,246.55, and 345 payroll warrants in the amount of $122,414.80, for a total of $206,661.35, dated May 2, 1978, and approved by the City Manager. APPROVAL OF CONSENT CALENDAR ~ ON MOTION OF CM STALEY, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS ADOPTED WITH THE EXCEPTION OF ITEM 6.5. (see next item) CM-35-2l8 May 8, 1978 (Consent Calendar Item) The Public Works Director had submitted a report to Council regarding the First Street Overhead aesthetics considerations for information purposes. This report will be discussed at next week's meeting. MATTERS INITIATED BY STAFF AND COUNCIL (re Budget Session) Mr. Parness announced that a budget session will be conducted at 7:00 p.m. prior to the Council meeting on Monday, May 15, 1978. (re Dogwood Park) Cm Dahlbacka requested that the staff again look into the possibility of selling Dogwood Park. (Merchant's Parking Lot) Cm Dahlbacka reported that the court has been dismissing parking tickets for people who are parked in the Merchant's parking lot up to six and seven hours, if they have been in the beauty college. He requested that staff write a letter to the court regarding this matter. (Gas Tax - AB-79) Cm Dahlbacka requested that the Council go on record of their support for the gas tax amendment, AB-79, which would bring the gas tax up to reflect the cost of doing business. (Real Estate Signs) Cm Ebert requested that the City Attorney check into our sign ordinance to see how it can be amended to allow the real estate people to set out temporary signs when they are holding open house, etc., and have this as an agenda item before the end of the month. (Request - Vinewood Lodge) em Ebert said he has been asked by some of the people who live in the Vinewood Lodge if the City could install two benches or more along the route from Fenton St. to the downtown area to serve as resting spots. (Planning Commissioners Salary) em Kamena proposed that the City Council consider an increase in salary for Planning Commissioners. After some discussion it was agreed that this would be a budget item. (Assessment - City Property em Staley requested that the City Attorney prepare a summary of options the City can take if the County Assessor declines to re- assess some property on which the assessment has been questioned. CM-35-219 May 8, 1978 (Jarvis/Gann Initiative) Mayor Turner requested that the staff prepare a proposed budget for Council review as to how the City will operate in the event Prop. 13 passess. He requested that this matter be an agenda item for May 15. (Community Development Director) Mayor Turner asked the City Manager and the Community Development Director to consider the possibility of Mr. Gorland spending some time calling on out-of-town prospective businesses to locate in Livermore. Mr. Parness explained that they are working on that type of schedule for Mr. Gorland at the present time and hope to implement it within a month or so. -..--- (In Memory - Joe Concannon) Mayor Turner announced to the Council the recent death of Mr. Joseph Concannon. Considering his community service and as a long time resident of Livermore, the Council ordered the flag to be flown at half-mast on the day of Mr. Concannon's funeral. ORD. AMENDMENT RE MAP CHANGE The Council adopted a Zoning Ordinance amendment regarding a map change for the area located on the south side of First Street and Portola Avenue, adjacent to the residences on Trevarno Road from I-I (Low Density Industrial) District to C-S (Commercial Service District) ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA AND BYUNANIMOUS VOTE THE FOLLOWING ORDINANCE WAS ADOPTED. ORDINANCE NO. 950 AN ORDINANCE AMENDING ORDINANCE NO. 442 AS AMENDED, OF THE CITY OF LIVERMORE BY AMENDING SECTION 3.00 THEREOF, RELATING TO ZONING. ORD. AMENDMENT RE FAST FOOD BUSINESS The Council adopted a Zoning Ordinance amendment to reflect changes in Section 21.98 relating to drive-in and fast food businesses. ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE FOLLOWING ORDINANCE WAS ADOPTED. ORDINANCE NO. 951 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE, RELATING TO ZONING BY THE AMENDMENT OF CHAPTER 21.00, RELATING TO SPECIAL PROVISIONS, BY THE ADDITION OF SECTION 21.98, RELATING TO DRIVE-IN AND FAST FOOD BUSINESS: THE AMENDMENT OF CHAPTER 28.00, RELATING TO CONDITIONAL USE PERMITS, BY THE ADDITION OF SECTION 28.33, RELATING TO APPROVAL BY ZONING ADMINI- STRATOR: THE AMENDMENT OF SECTION 28.43 RELATING TO ACTION ON.__.. CONDITIONAL USE PERMITS BY ZONING ADMINISTRATOR: THE ADDITION OF SECTION 28.43.1, RELATING TO ACTION ON CONDITIONAL USE PERMITS BY PLANNING COMMISSION: AMENDMENT OF SECTION 28.45, RELATING TO NOTI- FICATION: AND AMENDMENT OF SECTION 28.47, RELATING TO APPEAL: CHAPTER 31.00, CONTAINING DEFINITIONS, BY THE ADDITION OF SECTION 31.29.1, THE DEFINITION OF FAST FOOD BUSINESS. CM-35-220 May 8, 1978 RE SP DEVELOPMENT CO. MAYOR TURNER MOVED TO TAKE FROM THE TABLE THE ITEM CONCERNING TENTATIVE TRACT 2475, SOUTHERN PACIFIC DEVELOPMENT CO. MOTION SECONDED BY CM DAHLBACKA AND PASSED BY UNANIMOUS VOTE. Mayor Turner explained that at the time the matter was tabled, there was a motion on the floor by CM Ebert, Seconded by Mayor Turner, to approve the request of the applicant. MOTION FAILED 2-3, CM DAHLBACKA, KAMENA AND STALEY DISSENTING. CM STALEY MOVED TO UPHOLD THE PLANNING COMMISSION RECOMMENDATION OF DENIAL WITH DIRECTION TO STAFF TO PREPARE THE NECESSARY RESOLUTION INCORPORATING THE PLANNING COMMISSION FINDINGS. MOTION SECONDED BY CM DAHLBACKA. MOTION PASSED 3-2, MAYOR TURNER AND CM EBERT DISSENTING. ADJOURNMENT MAYOR TURNER ADJOURNED THE MEETING AT 11:40 P.M. TO 7:00 P.M. ON MONDAY, MAY 15, 1 , FOR A GET SESSION. APPROVE ATTEST ~. ;~ Cl.ty Clerk ermore, California Adjourned Regular Meeting of May 15, 1978 An adjourned regular meeting of the City Council of the City of Livermore was held on Monday, May 15, 1978, at 7:00 p.m. in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting immediately adjourned to an executive session to discuss labor negotiations. Present: Absent: Cm Dahlbacka, Ebert, and Mayor Turner Cm Kamena and Staley The executive session adjourned at 7:15 p.m. and immediately reconvened to an open session to discuss budget matters. Cm Kamena and Staley were seated at this time. City Manager, Wm. Parness, and Finance Director, George Nolan, then discussed the revenue schedule by fund and by source (see attached). The meeting adjourned at 8:10 p.m. to the regular meeting. CM-35-22l Regular Meeting of May 15, 1978 A regular meeting of the Livermore City Council was held on May 15, 1978, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Turner, at 8:10 p.m. ROLL CALL Present: Cm Ebert, Kamena, Staley, Dahlbacka and Mayor Turner Absent: None ---. PLEDGE OF ALLEGIANCE Mayor Turner led the Councilmernhers as well as those present in the audience in the Pledge of Allegiance. MINUTES - 4/10/78 ON MOTION BY CM DAHLBACKA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, THE MINUTES OF APRIL 10, 1978, WERE APPROVED AS AMENDED. Page CM-35-l66, 8th paragraph, re Chamber of Commerce refund should read as follows: Mayor Turner stated that based on CM Kamena's statement it appears that the Chamber of Commerce did pay $2,075 to the City of Livermore for business license tax. AGENDA REORGANIZATION Mayor Turner suggested that Item 5.1 of the agenda be postponed to the meeting of May 22, 1978, since it concerns the State Proposi- tion 13 and more information will be available for discussion next week. He also suggested that Items 4.2 and 4.3 regarding holding tanks be reversed on the agenda. It was the consensus of the Council to reorganize the agenda as suggested. OPEN FORUM (re Elected Mayor) Ray Faltings, 1018 Via Granada, stated that he feels a future agenda item should be posted to discuss the possibility of having a vacant council seat in the event a councilmember is elected for Mayor in the next election and the method available for filling the post. PUBLIC HEARING RE FEDERAL REVENUE SHARING USAGE The hearing was opened to the public and there were no comments. ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE REVENUE SHARING FUNDS IN THE AMOUNT OF $292,300 WERE COMMITTED TO THE COMPLETION OF THE CITY HALL FACILITY. CM-35-222 May 15, 1978 COMMUNICATION RE OPEN SPACE A letter was received from Mrs. Janet Scheer, San Ramon, stating her concerns about the destruction of open land areas in the valley. The letter was referred to East Bay Park District and the Alameda County Advisory Committee for comments and reply to Mrs. Scheer. The staff was also asked to contact the City of Arcata regarding their ongoing program. COMMUNICATION RE BART REMOTE STATION STAFFING A letter received from Mr. Robert S. Allen, 5th District Director, set forth the benefits of remote station staffing (RSS) and urged the Council to rescind its objections against RSS. The Councilmembers generally agreed that they are still not in favor of this plan and requested that staff write the BART Board and request a detailed report or that a BART staff representative appear before the Council to explain the RSS program. REPORT - ECHO RE WEATHERI- ZATION PROGRAM A monthly status report for April was received from ECHO regarding their weatherization program and the progress to date since the program was implemented in February. Cm Kamena had requested this information and thanked ECHO for the report and expressed the hope that ECHO will continue to insulate and weatherize as many homes as possible. COMMUNICATION RE ZONING ROBERT N. RUGGLES A letter received from Mr. Ruggles, owner of 57 acres on both sides of North Livermore Avenue at the southern edge of Interstate 580, requested that the present zoning as residential use be changed to accomodate a business park. It was agreed by the Council to refer this item back to staff and the Planning Commission for comments and recommendation. Mr. Gorland explained that the Industrial Advisory Board received a copy of Mr. Ruggles' letter and is recommending rezoning and that the letter of recommendation will be comming shortly to the Council. REPORT - CITY MANAGER (re Airport) We are nearing settlement of contract terms for a second Fixed Based Operator. (re Merchant's Parking Lot) A study has been done on traffic enforcement in the Merchant's Parking Lot. The study has been discussed with the County staff and this will be an agenda item next week. (re Public Safety) It was reported that in accordance with our Mutual Aid agreement, two fire trucks and three patrol cars were dispatched to the Santa Rita area to assist in the recent fire. It was also reported that the 911 system equipment has been installed in our Police Department and it is expected that the system will be activated the first part of July. (re Personnel) Police Chief interviews for the seven finalist were held on Friday, May 12. Interviews with the City Council with the three top finalist have been arranged for Monday, May 22. CM-35-223 May 15, 1978 (re Transportation System) Mr. Parness reported that the staff has met with concerned citizens regarding bus stops, etc. Very few critical comments have been received and it appears that the system will be ready for operation in July as planned. (re Liability Insurance) Unbeknown to the City staff and reportedly unbeknown to our carrier, the insurance company has imposed some exemptions in our new policy which are impossible to accept. Negotiations are underway to get them to waive or cancel these exemptions and a report will be coming to Council as soon as possible. '-- CONVERTIBILITY OF SANITARY SEWER CONNECTIONS Reports requested by the Council were submitted by the Public Works Director and the City Attorney. The Public Works Director proposed two methods which can be employed to determine the convertibility of connections, Alternate #1 and Alternate #2 which will be discussed by the Council. Cm Dahlbacka commented that the issue before them was not a matter of how many connections are available for conversion at the Pentecostal Bible College, but instead is an issue of pOlicy and the Bible College will be affected by the policy arrived at in the end, but is not the issue of this discussion. He said he felt there are two conversions that could occur and need a firm policy for guidance: 1) Residential use where remodeling or rebuilding occurs; 2) Conversion from Commercial use to residential use or the reverse. em Staley pointed out that zoning would regulate such con- versions to a certain extent in that property zoned Commercial/ Industry would not likely revert to residential if it had been purchased for commercial/industrial use. The Public Works Director presented to the Council two methods which can be employed to determine the convertibility of connections -- Alternate 1 and Alternate 2. See attached Exhibit A for details of alternates. CM STALEY MOVED TO ESTABLISH A POLICY OF ALLOWING CONVERTIBILITY OF SEWER CONNECTIONS FOR RESIDENTIAL PROPERTY AND THAT THE CON- VERTIBILITY BE BASED ON ONE OF THE FOLLOWING TWO FORMULAS: 1) A MINIMUM OF THE NUMBER OF TRAPS AS SET OUT IN ALTERNATE I; AND 2) A MAXIMUM BASED ON THE FLOW SHOWN TO THE SATISFACTION OF THE CITY. CREDIT FOR SEWER CONNECTIONS BE BASED ON FORMULA 1 TO THE NEAREST WHOLE NUMBER. MOTION SECOND BY CM KAMENA. Cm Kamena asked the City Attorney if this policy is adopted and if the sewer conversions are approved for the Bible College Property, will it still be necessary for a General Plan Amendment. The City Attorney responded that he has studied and discussed this issue in detail with Planning and it has been determined that a General Plan amendment is necessary. CM EBERT MOVED TO CALL THE QUESTION, SECOND BY CM KAMENA. MOTION PASSED 3-2, CM DAHLBACKA AND MAYOR TURNER DISSENTING. MAIN MOTION PASSED 4-1, CM DAHLBACKA DISSENTING. CM-35-224 May 15, 1978 (re Sewer Conversion) Cm Dahlbacka stated that he felt the policy was not discussed in detail to reach a reasonable decision, however, since the main motion was voted on and adopted, no futher discussion is in order. Cm Kamena commented that he would not like to see an entire General Plan used for the purpose of rezoning the Bible College property and suggested that since a General Plan is in the process that this matter be attached to it and heard in public hearing along with the other matters. The City Attorney pointed out that the matter of the amount of flow has not been determined. Cm Staley said he did not think the Council had the information before them to make this determination or set the amount of flow and that it would require some staff work with a report and recommendation to Council, but that parameters have been set by the adopted policy so that you have a minimum of 23 and a maximum of 51. David Madis, 1011 Geneva, asked the Council if he was correct in assuming that since this policy has been adopted this evening, he only needs to verify the flow and the matter of sewer conversion for the Bible College property is settled. ern Staley agreed with Mr. Madis considering the policy which was adopted. REPORT - HOLDING TANKS NORTHFRONT ROAD Due to the remote distance from existing sewers, it has been virtually impossible to develop Northfront Road Properties. Holding tanks have been recommended by the Community Development Director and the Industrial Advisory Board as an interim solution so that this area can begin development. The Public Works Director has recommended forming an assessment district to support the public works facilities, and stressed the point that if the area is allowed to develop without proper facilities it could become a commercial slum or a financial burden if the City is called on to correct the deficiencies. Mr. Gorland stated that the Industrial Advisory Board would also prefer an assessment district, however, as an interim, is suggesting holding tanks. The Public Works Director and Community Development Director pointed out that the matter of a proper water supply cannot be divorced from the issue of a sewage facility. It has been estimated that the cost of a sewer line is $225,000 or 9.4 cents per sq. foot. This includes bonding cost and other miscellaneous costs. The Council generally agreed that they are not in favor of a holding tank policy in lieu of an assessment district, however, they could see allowing holding tanks in the interim until the assessment district has been established and facilities are made available in that area. CM STALEY MOVED TO ADOPT THE RECOMMENDATION OF STAFF TO ESTABLISH AN ASSESSMENT DISTRICT FOR THE NORTHFRONT ROAD AREA AND TO ALLOW HOLDING TANKS IN THE INTERIM UNTIL THE DISTRICT HAS BEEN FORMED AND FACILITIES ARE AVAILABLE. SECOND BY MAYOR TURNER. Dan Lee, Public Works Director, stated that it would take approximately five months to establish an assessment district. CM KAMENA AMENDED THE MOTION TO READ THAT HOLDING TANKS WOULD BE ALLOWED ONCE THE ASSESSMENT DISTRICT IS FIRMLY ESTABLISHED. SECOND BY MAYOR TURNER, AND PASSED UNANIMOUSLY. MAIN MOTION PASSED UNANIMOUSLY. CM-35-225 May 15, 1978 CUP APPLICATION - HORSE/TRAILER SALES - JACK BISIO This application was postponed from the meeting of May 8th to allow the Council to establish a policy on sewage facilities for the Northfront Road area. CM STALEY MOVED TO ADOPT THE PLANNING COMMISSION RECOMMENDATION FOR CONDITIONAL APPROVAL BASED ON THE POLICY ESTABLISHED AND CONDITIONS OF APPROVAL, AND DIRECT STAFF TO PREPARE THE NECESSARY RESOLUTION. SECOND BY CM DAHLBACKA AND PASSED UNANIMOUSLY. --' FOSTER YOUTH SERVICES CONTRIBUTION REQUEST Mr. Parness reported that the staff was unable to reach the Foster Youth Services people until late Friday so a report was not included in the packet to the Council. This report will appear on next week's agenda. FIRST STREET LIGHTING AND AESTHETICS The Public Works Director submitted a report to Council on the First Street Relocation and Overhead aesthetic considerations. The report was noted for filing. FIRST STREET REALIGNMENT STREET LIGHTING In January, 1978, the Council considered the staff proposal to use Cobra Head lighting fixtures for the First Street Realignment street lighting and tentatively rejected the staff proposal. As an alternate course the staff was requested to investigate the feasibility of moving the Style Vue Fixtures owned by the City to the First Street project and replacing those fixtures with the "Spherical" fixture. In a report dated March 21, 1978, from the City Engineer, six (6) alternatives were submitted to the Council for their consideration. After considerable discussion, the staff was again requested to submit a report giving consideration to "Spherical" type fixtures which was not included in this latest report. The Council also requested that the consideration of vandalism cost be taken into account. The item was continued to the meeting of May 22, 1978. DISCUSSION RE STATE PROP. NO. 13 This item was continued to the meeting of May 22, 1978. REPORT RE SO. LlVER~ORE AVENUE RECONSTRUCTION This major reconstruction and traffic engineering program, with a total estimated cost of $466,490 is divided into two phases. Phase I calls for the street reconstruction on So. Livermore Ave. from East Ave. to the City limits. Phase II involves the re- construction of the East Ave./Fourth Street intersection. The staff has requested the Council to make a motion directing pre- paration of Phase I to the bid authorization stage. ~' CM-35-226 May 15, 1978 (re So. Livermore Avenue Reconstruction) ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED STAFF RECOMMENDATION AND DIRECTED PREPARATION OF PHASE I TO THE BID AUTHORIZATION STAGE. APPLICATION - FEDERAL GRANT -NEIGHBORHOOD ALERT The Office of Criminal Justice Planning has solicited proposals and requests for funding to improve citizen/law enforcement partner- ship in the prevention of crime. This application is for a federal grant in the amount of $7,395. The total cost of the program is $7,784, with the City's share being $389. The staff has requested a motion by Council authorizing transmittal of the application. ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE COUCIL AUTHORIZED TRANSMITTAL OF THE APPLICATION. TESTING & INSP. SERVICES ADMINISTRATION BLDG. The specifications for this project require the contractor to supply certain materials having certain structural properties. To enforce these provisions of the specifications, it is necessary to test the materials for conformance. Testing materials for confor- mance requires the use of a testing agency specializing in this field. The staff has requested Council to authorize execution of a purchase order to Testing Engineers, Inc. in the amount of $10,000. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE COUNCIL AUTHORIZED EXECUTION OF A PURCHASE ORDER TO TESTING ENGINEERS, INC. IN THE AMOUNT OF $10,000. AGREEMENT - EFFLUENT WATER C. GRIMSHAW An agreement has been reached between the City and Charles Grimshaw for connection to City effluent water system near Doolan Reservoir. Subject to the terms of the agreement, Mr. Grimshaw will purchase the effluent in order to water a Christmas tree farm. The initial rate will be $.179 per 100 cubic feet to be adjusted annually according to changes in the Cost of Construction Index. ON MOTION OF CM STALEY, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, THE COUNCIL AUTHORIZED EXECUTION OF AGREEMENT WITH CHARLES GRIMSHAW BY RESOLUTION. RESOLUTION NO. 127-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (CHARLES GRIMSHAW) CONSENT CALENDAR Reso. CUP - El Dorado Motel This matter was decided upon at the meeting of April 24, 1978, and the resolution directed for preparation. CM-35-227 May 15, 1978 (re El Dorado Motel) RESOLUTION NO. 128-78 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND DENYING A VARIANCE (EL DORADO MOTEL) Reso. re Lot Line Adjustment -(Kerry Taylor) A resolution was adopted to allow a lot line adjustment for the property located at 591 South "0" Street. ~--' RESOLUTION 129-78 A RESOLUTION AUTHORIZING LOT LINE ADJUSTMENT (KERRY TAYLOR) Reso. - Bid Award So. "L" St. Reconstruction RESOLUTION NO. 130-78 A RESOLUTION AWARDING BID (BRANAUGH EXCAVATING, INC.) Reso. re Naylor Avenue Improvements - Danat Inv. Co. RESOLUTION NO. 132-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Danat Investment Co. - One Year Time Extension) Reso. Granting Variance Firehouse Disco RESOLUTION NO. 133-78 A RESOLUTION GRANTING A VARIANCE (John Kent - Firehouse Disco) Reso. Granting CUP Instant Printing Business RESOLUTION NO. 134-78 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (Leo Manning - Instant Printing Business) P.C. Summary of Action Meeting of May 9, 1978 The Planning Commission Summary of Action from their meeting of May 9, 1978, was noted for filing. ~,jj~' Payroll & Warrants There were 119 warrants in the amount of $237,532.55, dated May 9, 1978, and approved by the City Manager. CM-35-228 / {iL{ ,~<' lie-'/( (,/(...1. '- /( ,.) l.c./, S SCHEDULE II-B SUMMARY OF REVENUES BY FUND FISCAL YEAR 1978-79 Acct. ~ No. Source GENERAL FUND PROPERTY TAXES 3001 Property Taxes - Secured 3002 Property Taxes - Unsecured 3015 Aircraft Taxes 3020 Penalties on Delinquent Taxes Total Property Taxes (\1 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01. 01 01 01 01 01 01 01 01 01 01 01 OTHER TAXES 3030 Sales and Use Tax 3040 Transient Occupancy Tax 3050 Franchise Tax - Electric 3051 Franchise Tax - Gas 3052 Franchise Tax - CATV 3053 Franchise Tax - Garbage 3054 Franchise Tax - City Water 3060 Business License Tax 3065 Real Property Transfer Tax Total Other Taxes LICENSES & PERMITS 3101 Animal Licenses 3103 Bicycle Licenses* 3114 Building Permits 3115 Plumbing Permits 3116 Electrical Permits 3117 Mechanical Permits 3130 Street & Curb Permits 3140 House Moving Permits 3145 Sign Permits 3160 Pre-Sale Inspection Fees 3150 Mobile Home Permits Total Licenses & Permits FINES & FORFEITURES 3220 Other Court Fines Total Fines & Forfeitures USE OF MONEY & PROPERTY 3310 Interest Income 3340 Rental of City Owned Property Total Use of Money & Property FROM OTHER AGENCIES 3410 State Alcohol Beverage Licenses 3415 State Motor Vehicle "In-Lieu" 3430 State Homeowners Tax Exemption 3435 State Business Inventory Exempt. 3440 State Trailer Coach "In Lieu" 3441 State Highway Business License *to be revised for renewals Actual Revenue 1976-77 $1,078,166. 53,509. 7,782. 27,216. 1,166,673. 1,005,523. 55,70l. 28,572. 33,698. 18,514. 94,750. 12,915. 213,729. 68 ;800. 1,532,202. 28,274. 2,565. 56,491. 7,270. 9,384. 2,810. 2,391. 864. -0- 693. 110,742. 29,405. 29,405. 96,972 . 8,384.. 105,356.. 16,012. 540,561. 258,631. 27,110. 17,544. 5,567.. Estimated Revenue 1977-78 $1,399,565.. 58,825. 9,000.. 12,000. 1,479,390. 1,100,000.. 58,000. 34,000. 39,000. 20,000.. 108,000. 16,000. 230,000. 57,000. 1,662,000.. 35,000. 3,000. 50,000. 7,600. 8,000.. 3,500.. 2,000. 70. 800. 24,000. -0- 133,970. 33,000. 33,000. 100,000. 8,528. 108,528. 17,000. 554,930. 256,778. 33,262. 12,000. 5,031. Revised Estimate 1977-78 $1,399,565. 58,825.. 8,500. 12,000. 1,478,890. 1,235,000. 58,000.. 34,000. 39,000. 20,000. 105,000. 12,000. 245,000. 50,000. 1,798,000. 35,000. 3,000. 36,000. 4,250. 8,500. 2,600. 1,500.. 175. 650.. -0- 350. 92,025. 30,000. 30,000. 150,000. 8,000.. 158,000. 17 , 000. 622,000.. 256,800. 33,300. 17,500. 5,600. Estimate 1978-79 $1,483,540. 62,350. 8,500. 12,000. 1,566,390. 1,358,000. 61,000. 37,400. 42,900. 21,500. 110,000. 12,000. 260,000. 50,000. 1,952,800. 35,000. 3,000. 35,000. 4,000. 8,000. 2,500. 1,500. 175. 650. -0- 100. 89,925. 32,000. 32,000. 130,000. 8,000. 138)000. 17,000. 650,000.. 256,800. 33,300. 18,500. 6,400. SCHEDULE II-B SUMMARY OF REVENUE S BY FUND FISCAL YEAR 1978-79 Acct. Actual Estimated Revised Estimate Revenue Revenue Estimate Fund No. S(\U rce 1976-77 1977-78 1977-78 1978-79 GENERAL FUND (Continued) FROM OTHER AGENCIES (Continued) 01 3442 State Off-Highway Vehicle Tax $ 798. $ 865. $ 800. $ 850. 3486 State P.O.S.T. Reimbursements 16,040. 10,000. 35,000. 20,000. 3487 State Mandated Costs Reimbursements 3,053. 3,000. 1,500. 1,500. Total from other Agencies 885,316. 892,866. 989,500. 1,004,350. Ct~RGES FOR CURRENT SERVICE 01 3505 Use & Variance Permits 8,040. 8,000. 8,500. 9,000. 01 3506 Solicitors & Police Permits 387. 200. 100. 200. 01 3510 Sale of Reports 850. 700. 900, 1,000. 01 3511 Residential Building Reports 14,530. 15,000. 12,000. 13,000. 01 3520 Sale of Police Reports 2,811. 2,500. 3,000. 3,500. 01 3521 Special Police Services 5,407. 1,200. 3,500. 3,500. 01 3530 Animal Control Fees 998. 900. 900. 900. 01 3535 Inspection Fees 12,398. 7,000. 4,000. 4,000. 01 3536 Engineering and Filing Fees 751. 800. 200. 200. 01 3540 Sidewalk Repairs 2,473. 500. 500. 1,000. 01 3545 .Weed Abatement 4,980. 5,000. 5,000. 6,000. 01 3585 Maintenance of Route 84 4,370. 4,000. 4,370. 4,370. 01 3587 Housing Authority 714. 800. 800. 800. Total Service Charges 58,709. 46,600. 43,770. 47,470. OTHER REVENUE 01 3685 Workers Compo Insurance Dividend -0- -0- -0- -0- 01 3686 Miscellaneous Revenue 21,343. 20,000. 18,000. 20,000. 01 3689 Prior Year Refunds/Adjustments 2,069. -0- Total Other Revenue 21,343. 20,000. 20,069. 20,000. SUB TOTAL GENERAL FUND REVENUES 3,909,746. 4,376,354. 4,610,254. 4,850,935. ADD: ACCRUED REVENUES 01 3031 Sales Tax - 1 month -0- 75,000. 75,000. -0- 01 3041 Transient Occupancy Tax -0- 10,000. 10,000. -0- 01 3416 Motor Vehicle "In Lieu" Tax -0- 5,000. 5,000. -0- 01 3446 Cigarette Tax (Transfer) -0- 10,000. 10,000. -0- Total Accrued Revenues -0- 100,000. 100,000. -0- TOTAL GENERAL FUND REVENUES $3,909,746. $4,476,354. $l~, 710,254. $4,850,935. ~ 02 02 03 03 03 03 04 05 06 07 05 11 11 12 12 12 12 13 14 74 14 74 Acct. No. TRAFFIC 3211 3210 SCHEDULE II-B SUMMARY OF REVENUES BY FUND FISCAL YEAR 1978-79 Source SAFETY FUND Prior Year Fines Vehicle Code Fines Total Fines & Forfeits LIBRARY FUND 3001 Property Taxes - Secured 3002 Property Taxes - Unsecured Total Property Taxes Library Fines Library Fees Total Service Charges 3560 3561 TOTAL LIBRARY FUND GAS TAX FUNDS 3422 State Gas Tax - Sect. 2107.5 3421 State Gas Tax - Sect. 2107 3420 State Gas Tax - Sect. 2106 3460 Mayors' Formula Gas Tax Total From Other Agencies 3310 Interest Income Total Use of Money_ TOTAL GAS TAX FUNDS BOND INTEREST & REDEMPTION FUND 3001 Property Taxes - Secured 3002 Property Taxes - Unsecured Total Property Taxes Actual Revenue 1976-77 $87,693. 128,497. 216,190. 290,175. 14,269. 304,444. 8,860. 1,480. 10,340. 314,784. 6,000. 216,151. 218,069. 173,038. 613,258. 24,888. 24,888. 638,146. 125,302. 6,162. 131,464. EMPLOYMENT RETIREMENT : FUND 3001 Property Taxes - Secured 3002 Property Taxes - Unsecured Total Property Taxes State Homeowners Tax Emempt. State Business Inventory Exempt. Total from other Agencies 3430 3435 TOTAL EMPLOYEE RETIREMENT EMERGENCY SERVICES FUND 3482 Emergency Services - Matching Total from other Agencies REVENUE 3484 3484 3310 3310 SHARING TRUST FUNDS Federal Revenue Sharing Federal Revenue Sharing Total from other Agencies Interest Income & Misc. Interest Income Total Use of Money TOTAL REVENUE SHARING 237,415. 11,675. 249,090. 35,268. 3,697. 38,965. 288,055. 5,790. 5,790. 147,007. 146,138. 293,145. 1,159. 912. 2 ,071. 295,216. Estimated Revenue 1977-78 -0- 125,000. 125,000. 350,720. 15,687. 366,407. 10,000. 500. 10,500. 376,907. 6,000. 212,497. 223,266. 160,000. 601,763. 11,000. 11,000. 612,763. 135,505. 6.774. 142,279. 286,953. 12,834. 299,787. 35.015. 4.504. 39,519. 339,306,; 6.598. 6,598. -0- 292,300. 292,300. -0- -0- -0- 292,300. Revised Estimate 1977-78 -0- 147,600. 147,600. 350,720. 15.680. 366,400. 10,000. 500. 10,500. 376,900. 6,000. 212,443. 221.118. 172,000. 611,561. 13,843. 13,843. 625,404. 135,505. 6.775. 142,280. 286,960. 12,840. 299,800. 35,000. 4,500. 39,500. 339,300. 5,015. 5,015. -0- 292.300. 292,300. 1,744. 11.173. 12,917. 305,217. Estimate 1978-79 -0- 148,000. 148,000. 388,400. 12,000. 500. 12,500. 400,900. 6,000. 220,214. 230,365. 174,000. 630,579. 7,000. 7,000. 637,579. 150,800. 317,800. 39,500. 357,300. 7,378. 7,378. -0- 292,300. 292,300. -0- -0- -0- 292,300. SCHEDULE II-B SUMMARY OF REVENUES BY FUND FISCAL YEAR 1978-79 Acct. Actual Estimated Revised Estimate Revenue Revenue Estimate Fund No. Source 1976-77 1977-78 1977-78 1978-79 SANITARY SEWER CONSTRUCTION FUND 15 3481 Federal & State Sewer Grants 468.556. 2.366.000. 65,000. 1.225.000. Total from other Agencies 468,556. 2,366,000. 65,000. 1,225,000. 3610 Sewer Connection Fees 313,247. 90,000. 50.000. 50,000. Total Other Revenue 313,247. 90,000. 50,000. 50,000. TOTAL SEWER CON ST. FUND 781,803. 2,456,000. 115,000. 1,275,000. CAPITAL IMPROVEMENT FUND 16 3445 State Cigarette Tax 134.356. 150.000. 148,800. 150,000. Total from other Agencies 134,356. 150,000. 148,800. 150,000. 16 3693 Sale of old City Hall -0- -0- 102,000. -0- 16 3694 Sale of old Police/Fire Station -0- -0- 75,500. -0- Total Sale of Surplus Property -0- -0- 177,500. -0- TOTAL CAPITAL . IMPROVEMENT FUND 134,356. 150,000. 326,300. 150,000. POLICE GRANT FUNDS 37 3485 County Grant "Horizons" 43,283. 54,653. 54,653. 58,677 . 37 3489 Participation by other Agencies 25,206. 24,588. 25,510. 26,525. 38 3488 OCJP Project "STEP" Grant 37,736. -0- -0- -0- 38 3489 Participation by other Agencies 16,511. -0- -0- -0- 78 3478 Motorcycle Grant SETS-OTS 42,925. 19,539. 19,539. -0- Total from other Agencies 165,661. 98,780. 99,702. 85,202. MUNICIPAL ENTERPRISE - WATER FUND 60 3710 Sale of Water 257,272. 313,74l. 282,568. 293,910. 60 3711 Sale of Water - Construction 1,031. 1,450. 686. 800. 60 3760 Sale of Water Meters 3,028. 1,200. 1,794. 1,200. 60 3770 Water Storage Fees 29,166. -0- 11,150. -0- TOTAL WATER FUND 290,497. 316,39l. 296,198. 295,910. MUNICIPAL ENTERPRISE - LAS POSITAS GOLF COURSE 61 3910 Green Fees 174,826. 190,000. 169,680. 181,800. 61 3920 Snack Bar - Restaurant Rent 43,258. 44,400. 53,463. 53,450. 61 3930 Driving Range Fees 2,990. 2,860. 2,807. 3,000. 61 3931 Cart Rental 6,63l. 6,590. 5,873. 6,000. 61 3980 Pro Shop Sales 4,565. 4,350. 4,830. 4,800. 61 3990 Miscellaneous Revenue 194. -0- TOTAL LAS POSITAS GOLF COURSE 232,464. 248,200. 236,653. 249,050. SCHEDULE II- B SUMMARY OF REVENUES BY FUND FISCAL YEAR 1978-79 Acct. Actual Revenue 1976-77 Fund No. Source /12 -62 62 62 62 62 62 62 62 62 62 62 63 63 63 63 64 64 64 64 64 69 69 67 67 75 76 77 76 MUNICIPAL ENTERPRISE - AIRPORT FUND 3810 Sale of Gasoline $216,825. 3811 Sale of Oil 1,414. 3812 Sale of Maps and Charts 119. 3820 Tie-Down Fees 29,180. 3821 T-Hangars & Shelters 42,913. 3822 Transient Parking Fees 348. 3823 Operational Use Fees 754. 3830 Rental of City Owned Property 2,677. 3840 F.B.O. Rent 6,854. 3841 Vending Machine Receipts 719. 3842 Car Rental Commissions 2,308. 3860 Into Plane Fees 11,808. 3890 Miscellaneous 360. 3895 Lease of Airfield 8,024. TOTAL AIRPORT FUND 324,303. MUNICIPAL ENTERPRISE - WATER RECLAMATION PLANT 3550 3586 3686 Sewer Service Charge DOE Contract (Dept of Energy) Misc. (B.A.S.S.A. Refund) TOTAL WATER RECLAMATION 983,000. 51,910. -0- 1,034,910. -0- 3552 LAVWMA Sewer Service Charge TOTAL SEWER SERVICE REVENUE 1,034,910. COURSE 47,909. -0- 3,260. -0- 116. 51,285. MUNICIPAL ENTERPRISE - SPRINGTOWN GOLF 3910 Green Fees 3931 Hand Cart Rental 3932 Golf Cart Prive1ege 3980 Pro Shop & Snack Bar Sales 3990 Miscellaneous TOTAL SPRING TOWN GOLF COURSE MUNICIPAL ENTERPRISE - TRANSIT SYSTEM 3462 Transit Grant 3553 Bus Fares TOTAL TRANSIT SYSTEM -0- -0- -0- MULTI-SERVICE CENTER 3499 Federal H & CDA Grant 3340 Rental of Property TOTAL MULTI SERVICE CENTER SPECIAL PROJECTS FUNDS 3461 Public Transit Terminal Grant 3476 PWEA Title I - Public Wks Grant 3477 PWEA Title II-Recession Assist. 3489 State & RR Participation (E. 1st Street Overhead) -0- -0- -0- 557,040. 172,239. 70,254. -0- Estimated Revenue 1977-78 $193,358. 1,440. 250. 37,056. 53,460. 850. 650. 2,592. 7,523. 1,575. 2,200. 48,080. 200. 19,000. 368,234. 938,000. 50,000. -0- 988,000. -0- Revised Estimate 1977-78 $258,687. 1,593. 450. 37,230. 53,460. 600. 650. 1,500. 7,523. 1,500. 3,600. 4,592. 2,000. 15,956. 389,341. 983,000. 52,000. 5,075. 1,040,075. -0- 988,000. 1,040,075. 43,920. -0- 2,935. -0- 84. 46,939. -0- -0- . -0- -0- -0- -0- -0- 855,000. 17,000. -0- 59,929. 292. 3,750. 1,739. -0- 65,710. 27,851. -0- 27,851. -0- -0- -0- 298,950. 789,000. 62,000. -0- Estimate 1978-79 $262,099. 1,620. 585. 38,676. 53,460. 600. 650. 1,500. 7,523. 1,585. 3,600. 4,480. 200. 21,520. 398,098. 983,000. 52,000. -0- 1,035,000: 371,835. 1,406,835. 68,117. 744. 4,200. 3,360. 48. 76,469. 378,717. 19,605. 398,322. 72,329. 15,540. 87,869. -0- 603,761. 10,000. 370,000. SCHEDULE II-B SUMMARY OF REVENUES BY FUND FISCAL YEAR 1978-79 Acct. Actual Estimated Revised Estimate Revenue Revenue Estimate Fund No. Source 1976-77 1977-78 1977-78 1978-79 SPECIAL PROJECTS FUNDS (Continued) 80 3498 Transportation Development Act $ -0- $27,500. $ -0- $34,000. 3497 Airport loan from bank 157,500. -0- -0- -0- 3450 State Aid for Aviation 5,000. 5,000. 5,000. 5,000. I:rL 3491 Federal & state Airport Grants -0- 1,178,226. 53,658. 1,178,226. 83 3424 State "TOPICS" Allocations 16,661. -0- -0- -0- 84 3499 Community Development Act Grants 27,79!. 232,966. 647,685. 117,707. 87 3473 FAU Funding 94,583. 497,000. 351,700. 733,000. 88 3474 Federal Safer Roads Funds -0- 56,230. 34,000. 16,300. 94 3475 Safer Off-System Funds -0- -0- -0- 28,000. TOTAL SPECIAL PROJECT FUNDS 1,101,068. 2,868,922. 2,241,993. 3,095,994. PARKS & BEAUTIFICATION FUND 91 3001 Property Taxes - Secured 250,606. 207,244. 207,240. 91 3002 Property Taxes - Unsecured 12,323. 13,548. 13,550. Total Property Taxes 262,929. 220,792. 220,790. 234,000. 91 3635 Park Dedication Fees 25,847. 2,500. -0- -0- Total other Revenue 25,847. 2,500. -0- -0- 91 3686 Miscellaneous Revenues -0- -0- -0- 4,000. TOTAL PARK FUND 288,776. 223,292. 220,790. 239,000. CAPITAL OUTLAY RESERVE FUND 92 3630 Annexation Fees 75. -0- 75. -0- Total Other Revenue 75. -0- 75. -0- STORM DRAINS FUND 93 3640 Off-Tract Drainage Fees 83,457. 20,000. 12,000. 1,800. Total Other Revenue 83,457. 20,000. 12,000. 1,800. PUBLIC PROPERTY IMPROVEMENT FUNDS 95 3070 Dwelling Const. Lic. Tax-Parks 28,047. 6,000. 2,000. 2,000. 96 3071 Dwelling Const. Lic. Tax-Other 49,57!. 7,000. 5,000. 5,000. Total Other Taxes 77,618. 13,000. 7,000. 7,000. TOTAL ALL FUNDS REVENUES 10,365,664. 14,169,265.11,730,658. 14,611,741. * :> t"' ~p..o tll n ~ <: PJ t-'. IlJ t-' ~ b H S '1 3 ro I1j 53 0 ~ en o I1j 1-" ! ~ I~' '< '1 rt t-3'< ~ t-3 ~ ~ IlJ CD rt en CD "-:I C ::I 0.. CIl >t:d ~o rt ::l () 0.. 'i .... )-.! D ~ rt n C () '1 (') Cf) rt t-! 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The number of residences allowed under the conversion would be determined as follows: 7 Residences = 7 129 Fixtures in other buildings ~ 8 fixtures per Ave. Residence per City Code Sec. 18.2 = 16 Convertibility (Credit), Single Family Units = 23 Alternate 2 - Convertibility based on the City's commitment to treat a quantity of sewage It is obvious that Code Sec. 18.2.1 which deals with credits (convertibility) assumes that the intensity of use of all fixtures in both the new and demolished buildings is approximately the same. That is not always the case and isn't true for the Pentecostal Bible College site. Some fixtures serving an insti- tution would have a much greater use than a residential fixture. If the Code is interpreted so that convertibility is to be based on the City's "before" and "after" sev/age treatment commitment, the method of determining convertibility would be based on the numbers of persons and typical flows from the previous uses in the buildings to be demolished. The total number of persons living on, or using the site, has been arrived at by some assumptions and by using some information supplied by the Developer. The actual numbers at any particular time, have varied considerably over the years. The Pentecostal Bible College has stated in their letter of March 17, 1978 that the total resident students using the site was 125 plus the College staff. SEWAGE FLm1 GALLONS PER DAY DORNITORY SCHOOL TOTAL & DINING USE NO. @ 70 GPO @ 20 GPO TOTAL Resident Students 125 8,750 2,500 11 ,250 Non-Resident Students 50 1,000 1,000 College Resident Staff 20 1,400 400 1,800 14,050 Gal/Day-;- 280 Gal/Day/Residence = 51.2 Residences 14,050 Gal/Day 280 Gal/Day/Residence (City Code Sec. 18.2) = 51.2 Residences T," ._ . ell :;-/7fJ EXH I BIT HA" May 15, 1978 (Consent Calendar Cont'd) ON MOTION OF CM STALEY, SECONDED BY MAYOR TURNER, AND BY UNANIMOUS VOTE THE CONSENT CALENDAR WAS ADOPTED WITH THE EXCEPTION OF ITEM 6.4(a) DENIAL OF TENTATIVE PARCEL MAP 2475, DELETED FROM CONSENT CALENDAR FOR DISCUSSION PURPOSES. TENTATIVE PARCEL MAP 2475-SP DEVELOP. CO. This item was discussed and voted on at the meeting of May 8, 1978, with the tentative parcel map being denied 3-2, Cm Ebert and Mayor Turner dissenting. The Counci1members in the majority were asked if they would reconsider the item for open discussion again and none of the three were willing to do so. ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY, THE MOTION WAS MADE TO ADOPT A RESOLUTION DENYING TENTATIVE PARCEL MAP 2475, SP DEVELOPMENT CO. MOTION PASSED 3-2, CM EBERT AND MAYOR TURNER DISSENTING. RESOLUTION 131-78 A RESOLUTION DENYING TENTATIVE TRACT MAP 2475 (SOUTHERN PACIFIC DEVELOPMENT COMPANY) MATTERS INITIATED BY COUNCIL Mayor Turner requested an executive session following this regular meeting to discuss personnel matters. INTROD. ORD. RE SIGNS ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE AN ORDINANCE AMENDING VARIOUS SECTIONS OF ORD. NO. 442 RELATING TO SIGNS WAS INTRODUCED AND READ BY TITLE ONLY. ADJOURNMENT at 11:00 p.m. the Council meeting was adjourned to discuss personnel matters. APPROVE ATTEST 1 Clerk errnore, California CM-35-229 Regular Meeting of May 22, 1978 A regular meeting of the Livermore City Council was held on May 22, 1978, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Turner at 8:05 p.m. ROLL CALL Present: Absent: Cm Dahlbacka, Ebert and Mayor Turner Cm Kamena and Staley _.-~ PLEDGE OF ALLEGIANCE Mayor Turner led the Counci1members as well as those present in the audience in the Pledge of Allegiance. ANNOUNCEMENTS Mayor Turner welcomed Cub Scout Troop 950. Also welcomed were students from Granada High School who participated in a "Youth In Government Day". Twenty-six students spent the day with various City staff members. CM KAMENA WAS SEATED AT THIS TIME. MINUTES - 4/17/78 ON MOTION OF MAYOR TURNER, SECONDED BY CM EBERT, IT WAS MOVED THAT THE MINUTES OF APRIL 17, 1978, BE APPROVED AS SUBMITTED. MOTION PASSED 3-1, CM DAHLBACKA ABSTAINING BECAUSE OF ABSENCE AT SUBJECT MEETING. OPEN FORUM Jerry Wi1verding, 4886 Primrose Lane, read a comical essay. CM STALEY SEATED AT THIS TIME. P.H. RE CUP APPLICATION ROY JENSEN CONSTRUCTION CO. A Conditional Use Permit and Planned Unit Development Permit have been requested by Roy N. Jensen Construction Co. to permit con- struction of a business and industrial park located on the north side of Las positas Boulevard approximately 1400 ft. east of Kittyhawk Road. The parcel is vacant and has been zoned OS-UR since 1975. The Planning Commission did consider this matter in public hearing on April 18, 1978, and has recommended that the City Council approve the CUP and Planned Unit Development Permit subject to the Conditions of Approval stated in their resolution No. 36-78. Mayor Turner opened the hearing for public comment. Duane Ruppel, 982 Curlew, stated that he lives across the street from the proposed development and is concerned that the fact of how close the development is to Las positas School has not been taken into account and the traffic which the development will create. He also expressed concern about property values. CM-35-230 May 22, 1978 (re P.H. CUP Application) There were no other public comments. Letters were received from two residents of the area: Amy J. Hastings, 910 Curlew Rd. and Donald and Roxann S. Spilman, 216 Junco Avenue, stating their opposition to this development. I ,.oJ ON MOTION OF CM KAMENA, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, IT WAS MOVED TO ADOPT THE PLANNING COMMISSION RECOMMENDATION AND APPROVE THE CONDITIONAL USE PERMIT AND PLANNED UNIT DEVELOPMENT PERMIT SUBJECT TO THE CONDITIONS AS SET FORTH IN THE PLANNING COMMISSION RESOLUTION NO. 36-78. ~;A~ . MOTION PASSED 4-0, CM DAHLBACKA ABSTAINED DUE TO~~ONFLICT ot INTEREST. P.H. RE BUS SYSTEM ROUTES Final consideration has been given to the bus route alignments with particular reference to the some 125 stop locations. The Transporta- tion Committee has met to discuss these matters with concerned residents and some minor adjustments were proposed. The purpose of the public hearing is to review the final bus route and to hear views on bus stop locations. The Assistant to the City Manager, Ed SChilling, stated that the staff and the Transportation Advisory Committee has studied the considerations and are recommending four route changes with a total of 113 stop locations. Bob Lee, Traffic Engineer, explain the bus route changes and the reasons for the proposed changes. Discussion followed between the Council and staff regarding the proposed changes, flag stops and demand stops. Ed Schilling stated that one area, Granada, has been selected to test "flag stopping" as they anticipate problems might arise from this feature. A representative from the Springtown Homeowners Association spoke for those residents and stated that they are still not satisfied with the routes for Springtown as proposed. He made some suggestions as to how the routes might be changed in order to serve residents in that area with a better route. Ms. Jessie Dale, Springtown Women's Association, stated that she as well as many other residents of Springtown feel that a better route should be worked out for the Hollyhock run since it is the longest street in Springtown and runs through the development. The Mayor and Counci1members agreed that residents of Springtown will probably use the bus system more than any other area in town and that all efforts should be expended to serve these people with the best route possible. It was noted that the entire route system would be reviewed in three to six months and during that time input from citizens will be tabulated and considered. Ed Schilling pointed out that he has received word that the buses will not be delivered and ready for service before the end of July. With this information the Council felt that the hearing should be continued to allow more research on the Springtown and Granada route and time to resolve the fares for students. .ON MOTION OF CM KAMENA, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CONTINUED TO JUNE 5. CM-35-231 May 22, 1978 COMMUNICATION RE ACAP FUNDING A letter dated May 11, 1978, was received from the Board of Directors, L.A.R.P.D., requesting City Council support in their application to ACAP for funding for the Livermore Senior Service Center. ON MOTION OF MAYOR TURNER, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, THE COUNCIL APPROVED SUPPORT FOR L.A.R.P.D.IS APPLICATION. '----~ COMMUNICATION RE HOLIDAY DECORATIONS The Chamber of Commerce responded to the City's letter inquiring if the Chamber would be interested in assuming the responsibility for the annual installation of holiday decorations. The Chamber's proposal to contract out the decorating to a private concern would cost the City $13,530.83 for the years 1978, 1979 and 1980. Since it appears that the Chamber is not interested in assuming this responsibility, the Council suggested that the staff make some inquiries with various groups and organizations in town to first see if any local group is interested in assuming the task. Also, the Council felt this matter should be discussed again in July or August after the Jarvis/Gann initiative is settled so the City will know if funds are available, and if so, how much. COMMUNICATION RE LEAHY SQUARE A letter was received from the Project Director, Leahy Square Tenants Association Survey, advising the City Council that Volume II of the survey report has been completed. The Council was provided with the section regarding Future Housing and advised that a copy of the complete report is available for their review upon request. The report was noted for filing. REPORT - CITY MANAGER (re Water Reclamation Plant) Mr. Parness reported that the progress report is near completion for Step I, and will be ready to apply for our Step II grant in September which will be the authorization to proceed with engineer- ing plans and specifications. (re Personnel) The State Personnel Board has contacted cities recruiting appli- cations for a personnel related grant program. Livermore submitted their application for the grant to do a complete job reclassification survey of personnel. The grant has been awarded for $52,000 pending formal acceptance by the City Council. (Resignation) Mr. Parness announced that he has accepted a position as City Manager for the City of Bellevue, Washington, and will resign his position as City Manager of Livermore as of July 15, 1978. -' RECESS Mayor Turner called for a brief recess after which the Council meeting resumed with all members of the Council present. CM-35-232 May 22, 1978 CONTINUED DISCUSSION RE SEWER ALLOCATION POLICY This was a continued discussion of the sewer allocation policy originally adopted in 1975. The Council had asked for a status report on the Water Reclamation Plant capacity and subsequently asked for information on a possible method of capacity allocation now that the Cease and Desist Order has been lifted by the Regional Water Quality Control Board. The Public Works Department provided the Council with six reports covering various aspects of the Water Reclamation Plant as follows: Exhibit A - Water Reclamation Plant Capacity Status and the remaining capacity. Exhibit B - Possible allocation plan which would conform to the provision of the General Plan. Exhibit C - Inquiry to Regional Water Control Board. Exhibit D - Violation history. Exhibit E - Total Dissolved Solids and Chlorides Analysis Exhibit F - Biological Loading Analysis Cm Kamena pointed out that the policy adopted in 1975 basically allocated the remainder of the sewer plant capacity to commercial/ industry uses with the exception of a 10% reserve for low cost housing. He expressed the hope that the Council would now amend the policy to include some additional consideration. CM ~MENA MOVED TO ALLOCATE THE SEWER PLANT CAPACITY IN THREE HANNERS: 1) 50% TO INDUSTRY/COMMERCIAL CONNECTIONS; 2) 25% TO LOW AND MODERATE HOUSING; AND 3) 25% TO SINGLE FAMILY RESIDENTIAL USES ON LOTS OF RECORD OR NEW TRACT MAPS WITH LIMIT OF 50 PERMITS TO ENTIRE LOTS OF RECORD AND THAT THIS M1ENDMENT WILL NOT SUPER- SEDE ANY REQUIREMENTS OF THE GENERAL PLAN, PRESENT ZONING ORDINANCE OR RESIDENTIAL DEVELOPMENT PLAN. SECONDED BY CM DAHLBACKA. Cm Dahlbacka expressed concern about falling back into old wasteful ways of water use and pointed out that if we go too fast in making new allocations a mistake could be made and a possible violation of the cease and desist order could occur. He suggested that a small portion of this new capacity be treated as such and then it would fall under the General Plan which has policy for medium and long range facilities. Cm Dahlbacka agreed that Cm Kamena's motion follows the spirit of the General Plan, however, he felt the City Attorney should elaborate on any potential problems we might have in litigation. The City Attorney summarized the three points of the General Plan which would be affected: 1) The 2% growth rate policy; 2) The 50-40-10 allocation between residential, industrial/commercial and low income housing; 3) The General Plan policy that subdivision proposals will be approved only where adequate treatment facilities are available. ) To meet these requirements a limitation could be imposed or end acceptance of subdivision maps at the time it is calculated the 2% limit has been reached. The policy adopted could provide for tentative conditional approval only of maps which exceed in size or scope the number of permits the City Council authorizes. The City Attorney stated that he does not believe the General Plan policy would be violated by a policy which provided for the final map filing of only the same limited number of lots approved for sewer connection by the City Council. Cm Kamena pointed out some of the advantages in amending the policy as stated in his motion. It does not fix the flow amount or number of gallons but leaves them in percentages since we do not know the exact capacity. This kind of plan is consistent with the application CM-35-233 May 22, 1978 (Re Sewer Allocation Policy) for expansion to a 1.2 MGD which is in process now. It provides for a housing mix with emphasis on low and moderate to create a needed balance. It gives preference to lots of record to allow construction now and continues to reserve capacity for industrial and commercial with a higher number of gallons, and gives a workable plan while we wait for both the residential development plan and the expansion plan of the plant. This policy is not a long range plan but an interim one which can interface with other plans. It does not prevent annexation or development of desired parcels and allows subdivision. For equity reasons rather than having a specific set of dates whereby filing starts on one day and ends on the other, this would provide for a first come, first serve basis. -. CM KAMENA AMENDED HIS MOTION TO PERMIT THE FILING OF FINAL MAPS ON ONLY THOSE LOTS THAT ARE TO BE CONNECTED TO THE SEWER BUT TO CONDITIONALLY APPROVE THE TENTATIVE MAP FOR THE ENTIRE SUBDIVISION. SECONDED BY MAYOR TURNER. Cm Dahlbacka stated that he would prefer that this item not be placed on the consent calendar when the resolution is prepared so that discussion can continue if necessary. He also expressed concern about the amendment because of possible legal problems such as having to perhaps support a denial of a corrections map. He asked the City Attorney if we can require signatures or what we can get in terms of waivers. The City Attorney stated that there would be specified conditions on the face of the map and that we would require the execution of contracts of waiver. AMENDMENT PASSED UNANIMOUSLY. Cm Dahlbacka restated the fact that the main motion is worded so that this policy will not supersede the Residential Development Plan or the General Plan, however, he felt that only half the capacity available be considered since we do not know exactly how much capacity we are looking at. CM DAHLBACKA MOVED TO AMEND THE MAIN MOTION TO STATE THAT .5 MGD BE CONSIDERED AS AVAILABLE UNDER THIS POLICY. SECONDED BY CM STALEY. AMENDMENT FAILED 2-3, CM EBERT, K&~ENA AND MAYOR TURNER DISSENTING. t1AIN MOTION PASSED UNANIMOUSLY. REPORT RE ALAMEDA COUNTY FOSTER YOUTH SERVICES On May 8, the Executive Director of the Foster Youth Services Program requested that the Council allocate $300 to support the attendance of 20 Livermore high school students to a Youth Convocation in June. Based on City policy it was determined that the City could not lend any financial support, however, it was requested that the staff prepare a proclamation in support of this porgram. CUP APPLICATION LYON'S RESTAURANT A Conditional Use Permit has been requested by Associated Professions, Inc. for Lyon's Restaurant to permit construction of a 124 seat restaurant with 47 parking spaces to be located at 117 South "S" Street. A CUP is required because a restaurant is not a permitted use in the zoning district. The Planning Commission conducted public hearings on March 21 and April 18 and adopted a resolution on April 18th recommending denial of the proposed use at the subject location. <,-~." CM-35-234 May 22, 1978 (Re Lyon's Restaurant) Cm Staley asked the Public Works Director if the Council were to approve this request would there be any difficulty with traffic circulation patterns. Dan Lee, Public Works Director, stated that he could not foresee an excessive traffic problem. A check has been made on the amount of traffic you might expect from restaurants such as this and the average daily traffic count from a quality restaurant would be 56 cars per 1,000 sq. ft. of restaurant. It is expected that an opera- tion such as Lyon's would not exceed 60 to 70 cars per 1,000 sq. feet of restaurant. A representative for Lyon's explained the placement of the restaurant to the residential area. No resident is closer than 70 ft. to the Lyon's property line and a dense planting screen is planned for the southerly edge of the property. There will be a thick hedge as well as trees screening the parking area and lights will have low intensity and low elevation. Howard Storms, 1165 Glenwood, spoke in opposition of the restaurant construction. As a resident of the area he felt the location of a restaurant in a residental area is contrary to the General Plan and that the noise and 24 hour operation will be very distrubing to the residents. Tom Andrews, Administrator, Valley Memorial Hospital, stated that their initial opposition to the restaurant stemmed from the fact that in time the hospital will need some of that space for medical offices. Now that Lyon's has dedicated or agreed to dedicate 23,000 ft. to the hospital, they have no opposition to this type of operation in the area. Mr. Andrews stated that it may be some time before anything is built on the property, however, a single story medical office building is planned with parking spaces for the offices. Gene Hale, 1170 Glenwood, stated that he lives directly in front of the area which is being donated to the hospital. He said he did not think the residents of Glenwood should have to worry with this issue since the area is not zoned for this use and when people brought homes in Glenwood they were bought with the zoning in mind. Dick Ryon, 1183 Glenwood Ct. pointed out that the Planning Commission unanimously recommended denial of this project and asked if any of the Council intended to vote to overrule this recommendation and if so what findings they have to do so. Duane Dirks, 1178 Glenwood, stated that he has recently bought a home in Glenwood and did so on the basis of looking at the zoning and studying it very carefully due to the large investment, and that he is deeply concerned about a restaurant running 24 hours a day right behind his fence. He suggested that there are more suitable places for a restaurant of this operation to locate in Livermore. June Hale, 1170 Glenwood, said she and the other residents object to the restaurant operation because they have no way in knowing what the hospital will do with the donated property as it is presented now. Also, there is nothing to keep that part from being covered in asphalt and used as an overflow parking lot for the restaurant. She stated that the residents felt if office buildings were built there as zoned, the area would have been limited to day use only. She referred to the Planning Commission.decision in that it was a unanimous vote and that the Commissioners all stated they felt a restaurant would be determintal. eM DAHLBACKA MOVED TO UPHOLD THE PLANNING COMMISSION RECOMMENDATION OF DENIAL. SECONDED BY MAYOR TURNER. CM-35-235 May 22, 1978 (re Lyon's Restaurant) MOTION FAILED 2-3, CM EBERT, KAMENA AND STALEY DISSENTING CM EBERT MOVED THAT THE APPLICATION FOR A CONDITIONAL USE PERMIT BY LYON'S RESTAURANT BE APPROVED WITH AN ADDITIONAL CONDITION THAT A 6 FT. MASONARY WALL BE BUILT ALONG THE RESIDENTIAL PROPERTY LINES OF THE PARKING LOT. SECONDED BY CM STALEY. Discussion continued between the Councilmembers regarding their reasons for opposing or approving this application. Cm Dahlbacka and Mayor Turner both felt that the construction of a restaurant in this location is not the proper use and that it is a great disservice to the residents of Glenwood. On the other hand the other Council members felt that since this is a conditional permitted use in the CO zone, and since the hospital has been dedicated the portion of land needed for additional office expansion, that it is not an improper use. -. MOTION PASSED 3-2, CM DAHLBACKA AND MAYOR TURNER IN MINORITY. MERCHANTS PARKING LOT The Engineering Department has surveyed the parking lot on three different occasions since the two-hour parking limit was posted in January, 1978. A meeting has been held with representatives of the County Administrator's office and Municipal Court to discuss this matter. It is still their attitude that the parking time limit be rescinded due to the inconvenience imposed upon court clients. Even though a time limit is in effect for court related visitors, a pass system is in use which relieves this problem. The time limit restriction has substantially curtailed use of the lot by all day parkers so that the facility is more accessable for vehicles remaining for short stays. The study indicates that 70% are in place less than 30 minutes. The City Manager recommended to the Council that the time limit enforcement remain in effect. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE THE RECOMMENDATION OF THE CITY MANAGER WAS ADOPTED TO RETAIN THE TWO-HOUR PARKING LIMIT FOR THE MERCHANTS PARKING LOT. ABAG ENVIRONMENTAL PLAN Cm Dahlbacka suggested that the staff prepare a letter of support of the City's position on the air quality element to be presented at the June 10 General Assembly. MAYOR TURNER MOVED THAT THE COUNCIL ALLOW THE MAYOR TO ATTEND THE ABAG GENERAL ASSEMBLY ON JUNE 10 AS OUR REPRESENTATIVE AND REQUEST THAT THE BOTTLE BILL AND AIR QUALITY ELEMENT PROPOSALS BE INCLUDED IN THE ENVIRONMENTAL PLAN. SECONDED BY CM STALEY AND PASSED BY UN- ANIMOUS VOTE. REPORT - PROPOSITION 13 BUDGET STUDY The Council was presented with an outline of the City's probable position in the event Proposition 13 passes. Each Councilmember discussed their stand on Prop. 13 as well as Prop. 8. Cm Staley suggested that the City and Council take the position of opposing Prop. 13 and supporting Prop. 8, and in addition outline the City's policy for a tax reduction in the coming year. -- CM STALEY MOVED THAT THE COUNCIL OPPOSE PROP. 13 AND SUPPORT PROP. 8. SECONDED BY CM DAHLBACKA. MOTION PASSED 3-2, MAYOR TURNER ABSTAINING AND CM EBERT DISSENTING. CM-35-236 May 22, 1978 (re Proposition 13) CM STALEY MOVED THAT THE COUNCIL MAKE A COMMITTMENT TO THE CITIZENS OF LIVERMORE IN A REDUCTION OF THE TAX RATE WHICH MAKES UP THE INCREASE IN ASSESSED VALUES. SECONDED BY MAYOR TURNER AND PASSED UNANIMOUSLY. COMMITTEE APPOINTMENTS Cm Dahlbacka requested that applications for the Planning Commission and Housing Authority Board be held open until June 16 and that interviews for the Planning Commission be scheduled for June 19th. This was agreeable with the Council. CONTINUED DISCUSSION REAL ESTATE SIGNS This matter was postponed to the meeting of June 5. P.D. ANTENNA MODIFICATION This report was postponed to the next meeting, June 5th. SALE OF SURPLUS PROPERTY EAST AVE. AT 7TH STREET A formal bidding procedure was used soliciting bids on the sale of some excess property (4,638 sq. ft.) located at the corner of East Avenue and 7th Street. Only one bid was received from an adjoining owner and in an amount equivalent to the appraised value, $3,100. The staff requested the Council to adopt a motion approving the sale. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE COUNCIL APPROVED THE SALE OF PROPERTY AT EAST AVENUE AND 7TH STREET TO BEDFORD PLAZA IN THE AMOUNT OF $3,100. CONSENT CALENDAR Reso. - Bus System Agreement The agreement conforms to bid specifications and is consistent with Council's selection of Patchett's as the lowest qualified bidder to operate the city's bus system. RESOLUTION NO. 135-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (PATCHETT'S BUS AND TRANSPORTATION COMPANY) Reso. Exec. of Agreement Ronald Redmond This is a request for authorization to purchase property for the extension of Quezaltenango Parkway. RESOLUTION NO. 136-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (RONALD REDMOND) CM-35-237 Hay 22, 1978 Reso. re Memo of Under- standing and Salary Reso. The Memorandum of Understanding is the recommendation of the negotiat- ing teams from the City and the Police Officers Association. The Police Officers Association has ratified the agreement and the City Council reviewed its terms at an Executive Session on May 15. The HOU and salary and benefit costs cover a t\-lO year period. RESOLUTION NO. 137-78 A RESOLUTION RATIFYING A MEMORANDUM OF UNDERSTANDING (LIVERMORE POLICE OFFICERS ASSOCIATION) RESOLUTION NO. 138-78 A RESOLUTION OF THE CITY OF LIVEro~ORE ~1ENDING RESOLUTION NO. 35-78, FOR THE CLASSIFIED AND UNCLASSIDIED E~PLOYEES OF THE CITY OF LIVERMORE, ESTABLISHING RULES FOR ITS USE Reso. Rejecting Claim RESOLUTION NO. 139-78 A RESOLUTION REJECTING CLAIM OF HARVEY J. LOSASSO (PERSONAL INJURY) Reso. Approving CUP Jack Bisio This resolution confirms action taken by Council at their meeting of May 15th. RESOLUTION NO. 140-78 A RESOLUTION APPROVING A CONDITIONAL USE PEID1IT (,JACK BISIO) P.C. Summary of Action Meeting of May 16 The Planning Commission Summary of Action from their meeting of May 16, 1978, was noted for filing. P.C. Minutes - May 9 The Planning Commission minutes from their meeting of May 9, 1978, were noted for filing. Departmental Reports The following Departmental Reports were noted: Building Department - Month of April Police and Pound - Month of April Payroll & Warrants There were 85 warrants in the amount of $72,124.97, and 331 payroll warrants in the amount of $127,596.78, less transfer to Savings Account of $450,000, for a total of $649,721.75, dated May 15, 1978, and approved by the City Manager. CM-35-238 May 22, 1978 CONSENT CALENDAR APPROVAL ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. ADJOURNMENT Due to the late hour, Matters Initiated by Stall and Council- members as well as an ordinance relating to signs was postponed until the meeting of June 5th. MAYOR TURNER ADJOURNE~T 11:45 P.M. ~ ~ ~y~~ -c"- ~ . e~ ore, C~lifornia APPROVE ., ATTEST Regular Meeting of June 5, 1978 A regular meeting of the Livermore City Council was held on June 5, 1978, 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: Absent: Cm Kamena, Staley and Mayor Turner Cm Ebert, excused absence, business Cm Dah1backa, seated later PLEDGE OF ALLEGIANCE Mayor Turner led the Counci1members as well as those present in the audience in the Pledge of Allegiance. MINUTES - 4/17/78 ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE MINUTES OF APRIL 17, 1978, WERE APPROVED AS SUBMITTED. SPECIAL ITEM Donald Mai, Manager of the local Wells Fargo Bank, presented a check to the City in the amount of $1,500 as a contribution toward furnishing the child waiting area for the Multi-Service Center. The Mayor expressed appreciation of the entire Council for this generous contribution. OPEN FORUM An unidentified resident of the G1enwood area wanted to speak on the Environmental Impact Report concerning the Lyon's Restaurant construction. The purpose of the speech was to ask for a reconsidera- tion and was therefore declared out of order during open forum. The Mayor asked the citizen to contact Howard Nies, Planning Director, to go over the points in question for later presentation to the Council. Alfred Golberg, Glenwood Street, suggested that one of the Counci1- members who voted for the construction of the Lyon's restaurant ask for a reconsideration. Cm Staley stated that he had talked at length with Mr. Goldberg and explained his reasons for his vote and that he did not want to ask for a reconsideration. CM-35-239 June 5, 1978 (Open Forum Cont'd) Gene Hale, Glenwood Street, requested a continuance of the matter and was informed by the Mayor that he was out of order since the matter has already been voted on. CONTINUED P.H. - MUNICIPAL BUS ROUTE ..--- At the May 22nd Council meeting the City Council conducted a public hearing on four route changes and various stop locations for the Livermore Transit System. Questions were raised on route changes, the Springtown extension, stops planned for Vancouver Way, and fare levels. The Assistant to the City Manager, Ed Schilling, presented the Council with a four page memorandum responding to questions raised by the Council and members of the public. The report detailed four proposed route changes; three to improve operat- ing safety and the fourth to extend service within system constraints, and an explanation of the method used to identify bus stop locations. The first three bus route changes are required for safe operation of the system, and the fourth is desirable to extend service further into the Springtown area. Bus stop locations must be formalized as soon as possible in order to have necessary stop signs and curb paintings accomplished prior to July 3. The staff has asked the Council to approve the four route changes and authorize installation of bus stops in locations proposed by staff. Because of the number of stops and the difficulty of showing them on a small map, a large map was dis- played on the Council Chamber walls and Ed Schilling explained them to the Council and audience. The Springtown Association had suggested changing the Springtown route by running the bus through Springtown on Hollyhock instead of Bluebell. The staff had determined that this change would require an additional three minutes on this route. The proposed route required 27 minutes, and the Transportation Advisory Committee and staff agree that the Hollyhock change can be made within system constraints and recommends its approval. In studying the extension of service to the Greenville North and Proud Country area, it was determined that this extension would require an additional 13 minutes of time and would thereby frustrate the system goal of facilitiating inter-line transfers. The staff recommended that this extension be considered at the time route and schedules are reviewed near the end of 1978. The Council had expressed an interest in allowing students to ride the bus for the lO~ fare instead of limiting this fare level to senior citizens and children between ages 5 and 12. A check with the MTC staff indicates that this modification to our grant appli- cation is allowable and is recommending that the lower student fare be approved. A resident of Vancouver Way had suggested a modification of the Vancouver Route which would create a large one-way loop, using Lexington Way and Superior Drive. The original suggested routing which included Lexington Way was changed after public hearing in- dicated a significant degree of resident opposition. The current routing via Vancouver Way utilizes only major thoroughfares and COllecting streets and the recommendation is to retain the existing route configuration. The staff has proposed the location of five stops on Vancouver Way. The stops have been carefully located to minimize parking removal and to provide maximum access to side streets. The stop locations have been reviewed by the Transportation Advisory Committee and has concurred in the placement. - CM-35-240 June 5, 1978 (P.H. re Bus System) At the last Council meeting Cm Kamena raised the question of allowing "flag" stopping. The staff has studied this concept in detail and has determined that the bus system as designed is for utilization of fixed stops in most areas. Also, due to some strict requirements such as providing a platform for entrance to the bus, etc., flag stopping would not be practical for this reason as well as many safety factors. The Transportation Advisory Committee, staff and the bus operator are interested in experimenting with the concept of flag stops to determine if the concerns raised are applicable to the Livermore operation. To accomplish this, the Granada Route, where it penetrates a heavily residential neighborhood, is being set up as a flag stop area for experimental purposes. MAYOR TURNER DECLARED THE PUBLIC HEARING OPEN FOR PUBLIC COMMENTS. Ray Faltings, 1018 Via Granada, expressed concern of Chabot students who may be past the year of 18 and would not be eligible for student fares if the Council should set an age limit on students. Gurnam Sidhu, 1533 Vancouver Way, asked if the bus route is one way on Vancouver. Ed Schilling responded that the bus runs a two-way route on Vancouver. Mr. Sidhu also stated that he felt that students should be given a break on fares and that we should encour- age them to ride the bus. There were no further public comments. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE THE PUBLIC HEARING WAS CLOSED. CM STALEY MOVED TO ADOPT THE ROUTES, STOPS AND METHODS OF OPERATION AS RECOMMENDED BY STAFF AND TO APPROVE A FARE LEVEL OF 10~ FOR SENIOR CITIZENS, CHILDREN, AND STUDENTS UP TO AGE 21. SECONDED BY MAYOR TURNER. Cm Kamena said he felt the City should do whatever is necessary to encourage use of the bus system and that he felt a student is a student regardless of age. CM KAMENA MOVED TO AMEND THE MOTION TO APPROVE A FARE LEVEL OF 10~ FOR ALL STUDENTS. SECONDED BY CM STALEY. The Councilmembers agreed that some sort of student identification would most likely be necessary so that the bus drivers would not have to make a decision. AMENDMENT PASSED UNANIMOUSLY. MAIN MOTION PASSED UNANIMOUSLY. CM DAHLBACKA WAS SEATED AT THIS TIME. He explained he was late due to late arrival of his flight from a business trip. Ed Schilling added that the logo design for the bus system is complete and displayed a layout to the Council and audience. He also confirmed that the system will go into operation on July 31st. COMMUNICATION - BART A letter dated May 16, 1978, was received from BART General Manager regarding express bus .service and rail extension to the Valley. This letter was in response to Cm Staley's inquiry as to when BART plans to extend rail service to the Valley. Cm Staley stated that CM-35-24l June 5, 1978 (Re BART Communication) he does not feel BART answered his questions and requested that the staff again ask that we be informed as to BART's long range plans for extending service to the Valley. The City Manager responded that since Livermore staff participated in a recent study regarding extensions, the BART General Manager is pointing out in his letter that we should know there is no schedule for these extensions and if we write to them again we will get the same answer. The Council agreed that it was probably useless to write BART again at this time. -~ COMMUNICATION - VALLEY VOLUNTEER BUREAU A letter dated May 17, 1978, was received from the Executive Director of the Valley Volunteer Bureau thanking the City Council for their endorsement letter to united Way on their behalf. The Bureau was among the four agencies selected from a field of 147 applicants for admission this fiscal year. They received a grant of $14,950. COMMUNICATION RE VACANCY HOUSING AUTHORITY BOARD Mayor Turner informed the Council that Mr. Clarence Hoenig, Board Member, has suggested that since it has been difficult to convince a resident of Leahy Square to apply for a position on the Board, that an election be conducted by the tenants. The City Attorney informed the Council that this procedure would be legal as long as the residents are informed that the City Council still has to approve their choice since Council authority cannot be delegated. The staff was instructed to inform Mr. Hoenig of this decision. COMMUNICATION RE LAS POSITAS GREENS RECONSTRUCTION The Public Works Director presented a report on the greens re- construction status at the Las positas Golf Course in response to em Kamena's inquiry as to the status of this project. It was noted that of the eighteen greens on the course, seven of the reconstructed greens are in play, four of the old greens are in play, but are in acceptable condition. There are seven temporary greens in play at this time and six are in excellent condtion for temporary greens. At the present time seven of the front nine holes have been re- constructed and are in excellent condition. One of the remaining two will be in play in a month and the last will be in play in mid- summer. Of the back nine, about one-half of the holes will be re- constructed and in play in about two months with the remainder coming into play by fall. CITY MANAGER'S REPORT (re Public Works) Mr. Parness reported that it is very encouraging to see the receptive- ness of the modifications and improvements at the Springtown Golf Course. It appears that 25,000 rounds will be reached this year which should put the course qlose to self-sustaining. "-"-- (re Traffic Signals) The traffic signals at Second and L Streets will be complete and ready to go into operation as soon as the electronic control gear is received which may take another 60 days. CM-35-242 June 5, 1978 (re L Street Reconstruction) "L" Street is about ready to undergo complete resurfacing extending from Fifth Street to College Avenue. Mr. Parness apologized to the residents living on the section of L Street and asked their coopera- tion during this much needed resurfacing. (re College & 4th) The intersection at College Avenue and Fourth St. is currently under reconstruction and this will provide for a much safer intersection compared to the present traffic flow. (re Pacific Ave. Extension) The extension of Pacific Avenue is about to begin. This extension will include construction from Delores easterly past the new Multi- Service Center. (re Water Rec. Plant) The Water Reclamation Plant has reported that the BOD and suspended solids count have been exceptionally good over the past few days in that they have not had to do any back-flushing of filters for some time. (Recycling Program) The City-wide recycling program began over two weeks ago and the Livermore Disposal Co. reports that some 18% of the homes partici- pated in the program. It was also noted that 50% more materials were collected in these two weeks compared to the collections of the former recycling center. (re Personnel) Mr. Parness informed the Council that the staff has met with most of the employee organizations regarding the lay-off procedure which will be necessary if Prop. 13 is adopted on June 6th. When they have met and considered input from all organizations, the results and recommendations will be presented to Council. (re Weed Abatement program) Due to the heavy rains this year the weed growth has exceeded all expectations. In the past the City has always been able to remove weeds on City-owned property with available equipment, however, due to the growth we will not be able to do that this year. The Council will be asked to approve a special budget allocation for this purpose. LOW/MODERATE INCOME HOUSING In response to the Council's request for a staff report on City policies concerning low and moderate income housing, the City Attorney presented a detailed report covering the following for discussion: 1. Defining Low and Moderate Income Housing; 2. Sewer Allocation for Low and Moderate Income Housing; 3. Requiring that 10% of all new residential development be Low and Moderate Income Housing; and 4. Alternative Methods for Secur- ing Provisions of Low and Moderate Income Housing. The City Attorney explained that the General Plan contains references to low and moderate income housing. These terms need to be defined. Definitions are recommended to conform to State and Federal defini- tions on low/moderate income housing. The amendment to the sewer allocation policy now being considered also refers to low/moderate income housing. The council needs to determine what, if any, CM-35-243 June 5, 1978 (Re Low and Moderate Income Housing) percentage of a development must be low income housing to be considered low and moderate income housing. The City Attorney went on to explain that the General Plan requires that 10% of all new housing shall be low and moderate income housing. (General Plan Page 108). The plan also states that the City will adopt an ordinance implementing this requirement, General Plan Page 149. ~ It was further pointed out that Palo Alto's experience indicated the difficulties and expenses inherent in requiring private developers to set housing at pre-established low/moderate income prices and that other methods for encouraging provisions of low/moderate income housing are discussed in his report, such as density bonuses and combined residential/commercial, or industrial districts. The reports also covers other City policies such as zoning, public works requirements, and various fees. It was noted that the report is lengthy and the essential recommendation is to refer the matter to the Housing Authority and the Planning Commission with particular emphasis on an amendment to the General Plan before processing of new subdivision maps begin under the new Council allocation pOlicy. em Dahlbacka asked Mr. Reiners if in his recommendations in-lieu fees are being basically discouraged and if he is recommending in- lieu fees as a possible mechanism to entice developers to build a prerequisite number of low and moderate income housing and that density would be added. Cm Dahlbacka questioned if we have power to add density and obtain low and moderate income housing, why don't we have the power to add density and obtain in-lieu fees and what the distinction is between them. The City Attorney explained that as his report indicates, it is less of a situation of inherent authority or power than it is a problem of administration and cost. He said the basis for his recommendation is that at this time in Livermore the in-lieu fee program not be adopted due to the cost and problems involved. He suggested that Molly Dent, Assistant City Attorney, could elaborate on this point. Ms Dent stated that the Palo Alto program is actually a joint effort between the City and the consultant in that part of it is done by the staff, but the actual finding of buyers for housing is done by a non-profit housing corporation. It cost Palo Alto approximately $80,000 to place 40 families over the past four years. She explained that the reason that the density mechanism is mentioned is that it is a way to compensate the developers for the loss they are otherwise going to incur and by this method we avoid constitutional problems. Livermore faces a special problem in that most of it is zoned single family homes so a larger loss is incurred in this type of development. Cm Dahlbacka agreed that as a practical matter the moderate housing is around the range of a condominium right now. Ms. Dent stated that even on the low side of the range, $43,000, you might have a difficult time finding a condominium in Livermore at that price. em Dahlbacka asked Ms. Dent if she would feel comfortable with the density bonus mechanism and she replied that she would in that it keeps the developers profit margin basically the same and does not cut into that for consitutional reasons. em staley said he felt that under the definition of low and moderate income housing that virtually any apartment that is for rent in the City of Livermore qualifies based on the cost in the MSA. He said he appreciated the difficulty which was pointed out in terms of commitment to low cost housing, however, would be very reluctant CM-35-244 June 5, 1978 (Re Low and Moderate Income Housing) to see the City abandon its commitment to providing a mix of housing styles. Cm Staley said he thinks some clarification of the General Plan needs to be made, however, he does not want to see this com- mitment weakened or abandoned. The City Attorney responded that his recommendation was that Livermore maintain a strong commitment to a policy goal but shy away from an out and out requirement as presently exists in the General Plan. em Dahlbacka pointed out that since the residential development plan has a particular time period when all subdivision maps are sub- mitted, our compliance with that goal could be measured by the staff and then by the Planning Commission when they process the map. The City Attorney stated that he felt a developer would be encouraged by a number of points or bonuses which are attached to a low and moderate development proposal. em Dahlbacka noted that the recommendation of the reports is to transmit this matter to the Planning Commission, but stated that he felt they should be aware of the Council's thoughts as to guidelines for what is low and moderate income housing. He said he does not necessarily know that it needs to go back to the P.C. to adopt 80% and 120% guidelines if they are already controlled by State and Federal agencies. He commented that he is comfortable with the guidelines as they are now. Mayor Turner stated that he concurs with Cm Dahlbacka's statements for the record. em Kamena agreed with the statements of the other Councilmembers and stated that he did not oppose sending the report to the Planning Commission for their consideration, however, he stated that the Council needs a working definition on this matter and that it should have high priority. David Madis, 1011 Geneva, questioned if the low and moderate income housing is part of the 2% annual growth rate or if it is independent. He was informed that it is part of the growth rate. Mr. Madis stated that his main concern is that low and moderate developers will be in competition with single family developers for sewer permits and if the City is really trying to encourage the low and moderate end of the housing scale to take the 1/4% which has been set aside for this purpose and make it a separate category. Don Miller, 2862 Waverly Way, stated that he felt the report contained a number of references to eastern court decisions and that generally decisions in California have been more favorable and suggested that it may be worthwhile to continue to explore a commitment which would have some other options before abandoning a direct commitment. He pointed out that there has always been available sewer connections for low and moderate housing but that there have been no takers because it is not profitable. Mayor Turner asked if there was any other discussion on this item and Cm Staley requested that the minutes from this discussion be included with the transmittal of the report to the Planning Commission. The Council unanimously agreed to send the report to the P.C. RESO. RE SEWER ALLOCATION POLICY A resolution stating policy for sewer allocations as previously discussed and approved by Council was submitted for approval. CM-35-245 June 5, 1978 (re Sewer Allocation Policy) ern Dahlbacka said one item not brought out in the resolution might present a problem and that is a time period of accepting subdivision maps. He suggested that no allocation be made under this policy until a certain date so that developers will have time to submit their subdivision maps. Cm Staley asked the City Attorney why we do not limit the allocation ___, to 50 units to begin with instead of approving the whole tentative map. ,The reply by the City Attorney was that unless you see a plan for the entire development, you could not be sure the public works requirements will all work out in the end result. The Planning Director agreed that you really need to look at the whole project even though a maximum of 50 units will be approved. Cm Kamena expressed some concern that the resolution does not spell out the fact that it does not supersede the General Plan or Residential Development Plan when adopted. CM KAMENA MOVED TO ADOPT THE RESOLUTION WITH THE ADDITION OF A PROVISION THAT THIS RESOLUTION WILL NOT SUPERSEDE ALL OTHER PROVISIONS OF THE GENERAL PLAN, ZONING ORDINANCE AND RESIDENTIAL DEVELOPMENT PLAN WHEN ADOPTED. SECONDED BY CM STALEY. Bill Zagotta, 5155 Lillian Ct., spoke as a private citizen and not as a Planning Commissioner. He pleaded with the Councilmembers to reconsider their decision to allocate sewer capacity on a first come, first serve basis. He suggested instead that they accept ern Dahlbacka's plan to establish a time period of acceptance and to then allocate the capacity in the best interest of the City. Don Miller, 2862 Waverly Way, stated that he does not feel the resolution as presented justifies added residential growth, emphasis is placed on first come, first serve, and that it will further un- balance the community. He questioned the Councilmembers why the hasty approach to increase residential growth in an already un- balanced situation. Earl Mason, 1245 Glenwood St., stated that he does not feel the restriction on residential growth for the past two years has been beneficial to the community or the citizens and that the reason for the high cost of buying homes and renting is due to supply and demand. He pointed out that industry will not locate here if there is not ample housing and he feels the Council approach to classify multi-housing as low and moderate income housing is the correct approach and should be encouraged. CM DAHLBACKA MOVED TO AMEND THE MOTION AND ADD AN ITEM TO MAKE THE RESOLUTION READ THAT NO TENTATIVE MAPS WILL BE PROCESSED BY THE PLANNING DEPARTMENT UNTIL JULY 31, 1978. SECONDED BY CM STALEY FOR DISCUSSION PURPOSES. ern Staley responded to earlier comments and said he feels the sewer capacity has been determined and that since it is available he does not feel it is hasty to begin growth as proposed. He said we need a mix of housing styles and if we want to make our 2% growth rate realistic it would be a mistake to not allow some development to take place this year. We are looking at this policy as an interim measure and not as a long range policy. The Council should not be put in a position of deciding which maps to accept without some criteria. AMENDMENT FAILED 1-3, CM DAHLBACKA IN MINORITY. CM-35-246 June 5, 1978 (re Sewer Allocation policy) Cm Dahlbacka felt that the Council would lose rational thought that should be behind the Residential Development Plan and that this pOlicy is not timely. He said he felt the RDP could be ready by July 31st and that the Council should wait. CM Staley questioned in the event a tentative tract map was filed within the next three or four weeks and there were no final maps granted by July 31st, would these applicants have any vested rights as to the Residential Development Plan. The City Attorney responded that the applicant would not have any vested rights. Mr. Zagotta and Mr. Miller again urged the Council to wait for the Residential Development Plan and to do a comparative study of the applications in the best interest of the City. CM DAHLBACKA MOVED THAT THIS RESOLUTION NOT BECOME EFFECTIVE UNTIL JULY 5TH. MOTION FAILED FOR LACK OF A SECOND. MAIN MOTION PASSED 3-1, CM DAHLBACKA IN MINORITY. RESOLUTION NO. 141-78 A RESOLUTION ALLOCATING REMAINING SEWAGE TREATMENT CAPACITY AT THE CITY OF LIVERMORE WATER RECLAMATION PLANT RECESS Mayor Turner called for a brief recess after which the Council meeting resumed. CONTINUED DISCUSSION ANDERSEN DEVLP. PROPOSAL In a letter to the Council, dated April 24, 1978, Mr. Chester Andersen informed the Council that the agreement as was presented is acceptable with one modification in that the reference to low income housing be changed to moderate income housing. Cm Dahlbacka asked if there was any reason to single out this one property, and why this property owner should not go through the same process as anyone else. Mr. Parness responded that one thing is different in that Mr. Andersen insist upon a contratual agreement whereby development would be allowed to take place in an unincorporated state and following completion of the development the annexation agreement would be executed, assuming that he is served with sewage capacity. David Madis, 1011 Geneva, spoke for Mr. Andersen and said they desire an annexation agreement which would take place when building permits are available. It is the intention of Mr. Andersen to build some low and moderate housing in apartments and wants to know if the allocation for low and moderate housing will be a different segement from the allocation for single family units. The City Attorney responded for the purpose of the actual allocation, the low and moderate income housing uses would not be subject to the 50 permits per lot of record. To that extent there would be an advantage for the purpose of sewer allocation. CM-35-247 June 5, 1978 (re Andersen Devlp. Proposal) em Dahlbacka stated that he cannot see having a development built to County standards and then annexed to the City. It was then confirmed that the applicant has withdrawn the stipulation that annexation occur after development and that it would be a standard annexation. With this information the Council directed Mr. Madis and Mr. Andersen to work with staff on any further questions. -' FIRST STREET OVERHEAD PROJECT LIGHTING At the City Council meeting of May 15, the staff submitted a report to the Council outlining several alternatives available to the City for roadway lighting on this project. The Council delayed the decision and requested more specific cost estimates and a system utilizing the Livermore (Spherical) fixture. The Public Works Director presented three alternatives as follows: Alternate A, Cobra Head fixtures (400 watt HPS) mounted on 40 foot poles between Scott Street and the overhead structures; with Livermore (Spherical) fixtures (250 watt HPS) mounted on 22 foot anodized aluminum poles between the overhead structure and Maple Avenue, at a total cost of $156,222. Alternate B, Cobra Head fixtures (400 watt HPS) mounted on 40 foot poles, at a cost of $68,000. Alternate C, Cobra Head fixtures (250 watt HPS) mounted on 30 foot poles at a cost of $84,615. The staff recommended that Council approve Alternate B. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, ALTERNATE B WAS APPROVED. WORKER'S COMPENSATION EXCESS INSURANCE POLICY Notice has been received from our insurance broker that current insurance industry has reduced excess coverage from 5 million to a new market level of 2 million over our self retention of $100,000. It will be necessary to purchase an excess layer of 3 million. The total premium will be $32,925 as compared to the current $24,835. CM DAHLBACKA MOVED TO ADOPT A RESOLUTION AUTHORIZING INSURANCE RENEWAL AT A 5 MILLION EXCESS LIMIT. SECONDED BY CM KAMENA. Cm Staley strongly suggested that the City drop the excess Worker's Compensation insurance as the City has $100,000 of liability and it would take a major accident of three or four City employees to have to payout in one year more than $100,000. He also suggested that the risk is not as great as the cost of the insurance. Mr. Parness commented that the staff has looked at the matter from em Staley's viewpoint, however, if an event involved two or three public safety employees, the consumption of this coverage could be used up quickly. George Nolan, Finance Director, stated that the Finance Department is estimating that the balance in the Worker's Compensation Trust Fund as of the end of the current fiscal year, after allowing about $65,000 for claims that have been filed but not settled and after having paid the claims to date, a balance of about $150,000 will be on hand. If next year follows the same pattern as this year, a balance of about $250,000 will be in the reserve to fund losses. _/ em Dahlbacka suggested that the Council be advised as to the risk elements and the basis for determining the risk. The item was continued to the meeting of June 19th. CM-35-248 .June 5, 1978 CIVIC CENTER LANDSCAPING It is proposed to landscape a portion of the Civic Center site between the Administrative facility and South Livermore Avenue and the Administrative facility and Multi-purpose Center. The total area is approximately seven and one-half acres. The first step is to develop a master plan and the services of a landscape architect are required for the plan. The staff has requested that the Council authorize the Mayor to execute an agreement with John Sue Associates. The Mayor said he would not vote to award the agreement to John Sue Associates because another bidder, Babcock and Associates had submitted a bid for $3,200 compared to John Sue's bid of $7,470. The staff advised the Mayor that other projects completed by Mr. Babcock were not impressive and that to the best of their know- ledge, the firm had never done a job as large as the proposed. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA, IT WAS MOVED TO AUTHORIZE EXECUTION OF AGREEMENT WITH JOHN SUE ASSOCIATES. MOTION PASSED, 3-1, MAYOR TURNER DISSENTING. TELECOMMUNICATIONS CONSULTANT Transfer of the City's operations to a new Administration Building will require the design and installation of a new telephone system. Consulting firms have been solicited, two bids were received, and references checked. The staff has recommended that a contract be drawn up with Lynch, Victory and Young for telecommunications consulting services. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE COUNCIL DIRECTED THE STAFF TO DRAW UP THE APPROPRIATE CONTRACT WITH LYNCH, VICTORY AND YOUNG FOR TELECOMMUNICATIONS CONSULTING SERVICES TO APPEAR ON THE NEXT CONSENT CALENDAR FOR FORMAL APPROVAL. POLICE RADIO ANTENNA MODIFICATIONS When the new administrative building is placed on top of the exist- ing Police Department, the structure will shield the existing radio communications antenna from a major portion of the City and will deteriorate the quality of the communications. To prevent this it will be necessary to replace the existing antenna structure to provide the necessary heights to overcome the shielding effect. ON MOTION OF CM KAMENA, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, THE COUNCIL AUTHORIZED PREPARATION OF A RESOLUTION FOR A BUDGET AMENDMENT IN THE AMOUNT OF $8,700 FOR MODIFICATION OF THE POLICE RADIO ANTENNA AND DIRECTED THAT THE DESIGN REVIEW COMMITTEE REVIEW THE DESIGN PRIOR TO INSTALLATION. MURRIETA BLVD. UNDERPASS RELOCATION APPLICATION The Public Works Director informed the Council that the Environmental Impact Report on this project is in the final stages of completion, however, until the Council has an opportunity to review it, the City Attorney has advised that this item be delayed. CM-35-249 June 5, 1978 PERSONNEL GRIEVANCE The attorney for the recently discharged police officer, John Brady, has requested a rehearing before the City Council. The City Attorney advised the Council that City rules do not speci- fically provide for rehearings on appeals before the Council and that the Council has the option of granting this request. If the Council feels the April hearing was inadequate or if there is evidence of new information, then a rehearing would be proper. It was consensus of the Council to deny the request for a re- hearing and directed the City Attorney to relay this decision to Mr. Brady's attorney. GENERAL PLAN AMENDMENT The Planning Commission has recommended that the City Council amend the General Plan as follows: l)prohibit supermarkets from the superblock located between Railroad Avenue and First Street and "P" and "L" Streets; 2) Designate "P" Street between First and Fourth Streets as a major street; 3) Amend the Land Use Element for specific property bounded by 1-580, Las positas Rd. and First Street; and 4) Consider for possible land use desi- gnation the triangle bounded on the north by Portola Avenue and the south by First Street. A public hearing is required for all General Plan Amendments. ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, JUNE 26, 1978, WAS SET FOR A PUBLIC HEARING. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE MOTION WAS AMENDED TO INCLUDE THE BIBLE COLLEGE GENERAL PLAN AMENDMENT ALONG WITH OTHER AREAS PRESENTLY UNDER CONSIDERATION. CONT'D DISCUSSION RE COUNCIL CHAMBERS CONSTRUCTION The Councilmembers agreed to delay this discussion for one week. CONSENT CALENDAR Item 6.6 was removed from the consent calendar for discussion, a resolution approving a Conditional Use Permit for Lyon's Restaurant. Reso. Rejecting Claim RESOLUTION NO. 142-78 A RESOLUTION REJECTING CLAIM (DENNIS WAYNE ANTES) RESOLUTION NO. 143-78 A RESOLUTION REJECTING A CLAIM (JAMES A. KENNEMORE) Report - Weed Abatement Due to the inordinate weed growth occasioned by the spring rains, an extra hazard exists on public properties our City is not equipped to adequately clean. The Council is asked to authorize a budget amendment in the amount of $4,150 for this purpose. .-. CM-35-250 June 5, 1978 Report - Planning Commission The Planning Department submitted a report regarding conformance with the General Plan on the acquisition of property for park development. The Planning Commission found that acquisition of property located at the intersection of rortola Avenue, North Livermore Avenue and Junction Avenue (Lincoln Highway Park) would be in conformance with the General Plan. The Council was requested to accept the Planning Commission findings and order the Negative Declaration to be filed with the County Clerk. Reso. Approving CUP Roy N. Jensen The approval of this Conditional Use Permit reflects action of the Council at their meeting of May 22, 1978. RESOLUTION NO. 144-78 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (ROY N. JENSEN - BUSINESS AND INDUSTRIAL PARK, LAS POSITAS BLVD.) Reso. Auth. Exec. of Agreement - Bedford Plaza This resolution authorizes execution of an agreement and deed to reflect approval of sale of property located at 7th Street and East Avenue. RESOLUTION NO. 145-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT AND DEED ON BEHALF OF THE CITY OF LIVERMORE (BEDFORD PLAZA) Reso. Auth. Exec. of Agreement - SP Devlp. Co. The agreement with the S.P. Development Co. allows the construction of a public kiosk in the Livermore Arcade Shopping Center. RESOLUTION NO. 146-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (SOUTHERN PACIFIC DEVELOPMENT COMPANY) Joint Study Session The Planning Director submitted a summary of the joint study session of the Council and the Planning Commission on May 23, 1978. The summary was noted for filing. Reso. Amend FAU System Street Listing The Federal Government has established the Federal Aid to Urban System program to provide financial aid to cities for street con- struction and reconstruction. To qualify, the City street must meet certain criteria and be a part of the FAU system adopted by the City Council. The action proposed would amend the FAU system to include Railroad Avenue from Stanley Blvd. to First Street and Fifth Street between East Avenue and South Livermore Avenue with the deletion of East Avenue between South Livermore Avenue and Fifth Street. CM-35-25l June 5, 1978 (Reso. re FAU Street Listing) RESOLUTION NO. 147-78 A RESOLUTION AMENDING LISTING OF FAU SYSTEM DESIGNATED STREETS, CITY OF LIVERMORE Reso. Re Property Tax Levels RESOLUTION NO. 148-78 A RESOLUTION ESTABLISHING A POLICY RE CITY PROPERTY TAX LEVELS Reso. Re Prop. 8 and Prop. 13 RESOLUTION NO. 149-78 A RESOLUTION OPPOSING PROPOSITION 13 AND SUPPORTING PROPOSITION 8 Reso. Re Appointment of Police Chief RESOLUTION NO. 150-78 A RESOLUTION APPROVING THE APPOINTMENT OF A CHIEF OF POLICE (MELVIN R. NELSON) Reso. Amending Salary re Police Chief RESOLUTION NO. 151-78 A RESOLUTION OF THE CITY OF LIVERMORE AMENDING RESOLU- TION NO. 35-78, FOR THE CLASSIFIED AND UNCLASSIFIED EMPLOYEES OF THE CITY OF LIVERMORE, ESTABLISHING RULES Warrants and Payroll There were 119 warrants in the amount of $231,383.65, dated May 23, 1978, 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 AS LISTED WAS APPROVED. Reso. Re CUP Lyon's Restaurant A lengthy discussion was held regarding a possible reconsideration of this matter. The Mayor stated that the rules of the Council plainly state that only a member on the prevailing side may make a motion for reconsideration and since he and Cm Dah1backa were in the minority, they do not have the right to ask. The City Attorney read the Council rules which state that a motion to reconsider any action taken by the City Council may be made only during the same meeting, recessed session, or an adjourned session of the same meeting. Such a motion must be made .---. by a member of the prevailing side but may be seconded by any member and may be made at the time of precedence over the pending motion and shall be debatable. ' CM DAHLBACKA MOVED TO APPEAL THE RULING OF THE CHAIR. MOTION FAILED FOR LACK OF A SECOND. CM-35-252 June 5, 1978 (re Lyon's Restaurant) CM STALEY MOVED TO ADOPT THE RESOLUTION AS SUBMITTED, SECONDED BY CM KAMENA AND ADOPTED BY UNANIMOUS VOTE. RESOLUTION NO. 152-78 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (LYON'S RESTAURANT) ORD. ADOPTION RE SIGNS ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE AN ORDINANCE AMENDING ORDINANCE NO. 442, RE SIGNS WAS ADOPTED. ORDINANCE NO. 952 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE RELATING TO ZONING, BY THE AMENDMENT OF VARIOUS SECTIONS RELATING TO SIGNS, AS FOLLOWS: 2l.71S (DEFINITION OF BUILDING FRONTAGE); 2l.72A6 (FREESTANDING FREEWAY-ORIENTED SIGNS); 2l.72E (TEMPORARY SIGNS); 2l.72M (SUBDIVISION SIGNS); 21.75 (MEASUREMENT OF SIGN NUMBERS AND AREAS); AND 2l.76G (SIGN REGULATIONS IN "c" OR "I" DISTRICT). MATTERS INITIATED BY COUNCIL/STAFF Cm Staley requested that a future agenda item be reserved for a discussion of the Council relationship with staff and Commissioners, Committee members, etc. Reso. Re Rodeo Parade A resolution approving execution of an agreement with the Rotary Club regarding liability insurance was presented to the Council by the City Attorney. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, THE COUNCIL APPROVED EXECUTION OF THIS AGREEMENT. RESOLUTION NO. 153-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (LIVERMORE ROTARY CLUB) ADJOURNMENT Mayor Turner adjourned-this meeting at 11:55 p.m. to an executive session iscuss personnel matters. ATTEST Mayor ~ J.ty C ert ivermore, California APPROVE CM-35-253 Regular Meeting of June 12, 1978 A regular meeting of the Livermore City Council was held on June 12, 1978, 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: Absent: Cm Dahlbacka, Kamena, staley and Mayor Turner Cm Ebert (Excused Business) -' PLEDGE OF ALLEGIANCE Mayor Turner led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. SPECIAL ANNOUNCEMENTS On behalf of the City of Livermore, Mayor Turner presented to the Granada Marching Band a trophy for being selected as the "sweepstake" winner of the Rodeo Parade. Chuck Andersen, Rotary Club, was also commended for the excel- lent job of coordinating the parade. Cheri Williams was presented with a proclamation recognizing her numerous track records and wishing her "Good Luck" in the upcoming events. AGENDA DELETIONS Agenda Item 4.3, a report by the City Manager regarding Budget Schedules and Item 4.4, a report by the City Manager regarding proposed municipal employee layoff policy were postpond to an adjourned regular meeting to be held June 13, 1978, at 8:30 p.m. in the regular meeting room. MINUTES - 5/1/78 & 5/8/78 CM KAMENA MOVED TO APPROVE THE MINUTES OF MAY 1, 1978, AND THE MINUTES OF THE ADJOURNED REGULAR MEETING OF MAY 8, 1978, AS SUBMITTED. SECONDED BY CM DAHLBACKA. MOTION ADOPTED UNANIMOUSLY, CM DAHLBACKA ABSTAINING DUE TO ABSENCE AT SUBJECT MEETING OF MAY 1, 1978. BART REMOTE STAFFING Keith Blazen, Transportation Supervisor of Bart Station Operations, explained to the Council and the audience BART's Remote Station Staffing. Mr. Blazen explained that the object of remote staffing is to take the normal functions of a station and bring them into a monitoring center and perform the same service if not better service. One of the problems is the lack of understanding of the system in that the stations have better surveillance, emergencies can be responded to quicker and services can be expanded without hiring additional station staffing. Cm Staley commented that BART is lacking the human element with Remote Station Staffing, and questioned Mr. Blazen why BART felt it necessary to remove the person in the station just because the cameras were installed. Mr. Blazen replied that BART's charter states that the purpose is to provide fast and efficient rapid transit and not be greet people at the door, and the reason for removing the person staffing is due to the fact that one person --. CM-35-254 June 12, 1978 (Re BART Remote Staffing) in a monitoring station can monitor four stations at once and this is the cost savings. Richard Beach, 1923 Tobruk Ct., expressed his dissatisfaction with BART operations and station operations. Mr. Blazen added that BART has not entirely removed the human element in that they do have station agents assigned to approximately four stations each who continually visit these stations checking for equipment out of order and other needs of the stations. Bob Allen, BART Director, stated that the Council had previously taken the position of objecting strongly to Remote Station Staffing and asked the Council if they would consider rescinding their state- ments and possibly visit the stations before making this type of decision. Mayor Turner said the matter would be discussed further and brought back on the agenda. Cm Dahlbacka commented that after listening to the arguments it appears that Remote Station Staffing is a regrettable necessity and that he would be willing to withdraw his objection. Mayor Turner thanked Mr. Allen and Mr. Blazen for their appearance and report. OPEN FORUM Jim Day, 745 Cardinal Drive, pointed out that due to the Jarvis/ Gann passage many of the local taxing bodies will be having special meetings concerning their budgets and that the times of these meetings conflict with others. He asked if the administrators could make an effort to schedule the different public meetings so citizens might attend as many of them as possible. Clarence Hoenig, 588 Tyler, spoke regarding the General Plan amend- ment on low and moderate housing and the provision of in-lieu fees. He said he was concerned from a legal standpoint in that the General Plan has not been amended as yet and the Council is proceeding and that dangerous precedents could be set with the making of these decisions. Mr. Hoenig also spoke as a member of the Housing Authority Board and cautioned the Council about being casual in eliminating the in-lieu provision which the General Plan allows to help us provide low and moderate housing. He referred to last week's discussion about the 80% upper limit and pointed out that you are looking at about 80% of the median which is about a $15,000 income and that 30% of the community falls in this range. Leahy Square is much lower since 37% of the residents earn $3,000 to $5,000 per year, 34% earn $5,000 to $7,000, 15% earn $7,000 to $9,000, 8% earn $9,000 to $11,000 and 3% make $11,000 or more. Mr. Hoenig added that if Livermore had referendum authority or if we had an application before HUD the Federal money is available for all of Alameda and Contra Costa Counties but even with that we would not get very much. He is opposed to blanket discard of a provision which would allow us to work with the home building industry to provide this housing, and requested that the Council withhold any new residential development approvals until the public hearings are held on the General Plan amendments. Cm Dahlbacka assured Mr. Hoenig that the in-lieu fee provision has not been settled but has been referred to the Planning Commission for study. CM-35-255 June 12, 1978 OPEN FORUM (CON'T) Jack Deckert, Pacific Telephone, 1015 Stanley Blvd., spoke regard- ing the decision to hire a consultant for telephone communications for the new administration building. He requested that the City at least allow Pacific Telephone to submit a proposal for these services. Ed Schilling, Assistant to the City Manager, responed that the staff met with a representative of Pacific Telephone on two occasions as well as other providers of this service and reached the conclusion that the staff was not prepared to make a decision of this magnitude without some expert advice, thus the reason for hiring a consultant. He pointed out that once the communications system is in operation it will cost approximately $50,000 a year to operate and with that figure in mind the staff felt it was wise to explore all fields. The consultant will work with Pacific Telephone as well as other telephone providers and then a determination will be made as to the firm selected to provide the service. COMMUNICATION RE RESIGNATION LIBRARY BOARD A letter was received from Rogene Field stating that due to personal and jOb related pressures she will no longer be able to serve on the Board when her term expires on July 1, 1978. The Council expressed their appreciation to Mrs. Field for her service on the Library Board since November, 1975, and directed the staff to send Mrs. Field a letter of thanks. COMMUNICATION - LAVWMA LAVWMA responded to a referral letter from Mrs. Janet Scheer regarding the use of sewage run-off for wildlife marshes. LAVWMA stated that they have begun an intensive reclamation study to determine if waste- wate can be reclaimed and reused in the Livermore-Amador Valley and that if land application is determined to be safe, wildlife marshes are certainly an alternative to consider. COMMUNICATION RE BUSINESS DEVELOPMENT COMMITTEE A letter and a tentative set of guidelines were received from Mr. Gurnam S. Sidhu suggesting that a Business Development Committee be established. em Dahlbacka stated that he would very much like to see this committee formed and the Council requested that the guide- lines be studied as to the goals of a committee and be set for an agenda item in the near future. CITY MANAGER'S REPORT (re Airport) The FAA recently inspected our airport as is usual, however, in so doing they found that some trees along the golf course are obstructing the runway and the City will be required to remove the trees. (re Water Reclamation Plant) '-- The Regional Water Quality Control made an inspection of our plant and reported it is working in excellent order. CM-35-256 June 12, 1978 CITY MANAGER'S REPORT CON'T (re State Assistance) On June 9, a meeting was held in San Leandro at which all East Bay staff persons were invited to discuss the prospects of state assistance now that the Jarvis/Gann initiative passed. It was indicated that there is legislation drawn which would provide some assistance from tax proceeds. MERCHANT'S PARKING LOT STATUS The contract on the Merchant's parking lot will expire on June 30, 1978. Mr. Parness has talked to Mr. John Regan, owner of the lot, and he indicated that he has been talking to the County as well as S.P. Development Co. and they both indicated they would like to see the facility maintained. Mr. Regan said he could not give a definite answer as to the renewal of the contract, but would be in touch with the City as soon as his discussions with the other two parties were completed. There have been rumors that the County may vacate this court facility and if they do we would lose the largest payee for the parking lot. They pay about 1/3 of the cost of the lot. It was agreed to postpone this item until more definite information is received from Mr. Regan and what the County's intentions are. The Council also suggested that the staff contact the Chamber of Commerce to determine what input they may have regarding the local merchant's position. CITY COUNCIL CHAMBERS The discussion regarding construction of new City Council Chambers was continued from the meeting of June 5. Mr. Parness stated that the contract with Wallace Webb Construction specified that the chambers would be built under the present contract unless the City issued a change order instructing that it be deleted. If we decided not to build the chambers the contractor must be notified by June 15. The City Attorney stated that the issue before the Council is the financing method if it is decided to proceed with this project. The bid price on this part of the structure which includes the Council Chambers, Purchasing and reprographic quarters amounted to $315,000, plus a surcharge, the design cost and the cost of outfitting the building. The total cost would amount to approximately $330,000. Cm Dahlbacka commented that until the Jarvis/Gann initiative passed he was inclined to vote for the construction of the chambers, however, with the financial situation of the City at this time, he cannot vote for this expenditure. He said he felt the Park Fund should be used to defray cost of the City in that it is our last reserve for this year. Mayor Turner expressed his thoughts and said he felt it was a structure the entire community would use and that it would not only house the Council, but the Purchasing and reprographic services. Cm Kamena stated that the intent of the revenue sharing money is for capital improvements, and the capacity for this City to attract and receive revenue sharing in the future will be diminished because it is based on the taxing ability of a City. The Council has already made a direction of support for the City Hall Complex by approving the contract and he felt the entire project is worthy of funding. CM-35-257 June 12, 1978 (Re City Council Chambers) CM KAMENA MOVED TO USE THE PORTION OF RESERVE MONIES AVAILABLE TO BUILD THE CITY COUNCIL CHAMBERS WHICH WOULD ALSO HOUSE THE PURCHASING AND REPROGRAPHIC DEPARTMENT. SECONDED BY MAYOR TURNER. Discussion continued regarding the available funds, particularly the Park Fund, and Mayor Turner pointed out that in a previous discussion on this matter it was the consensus of the Council that if the Park Fund was used, that money would be repaid at a rate of at least the rent which is now paid to the County for use of the present council Chambers. Mr. Parness said that that matter should be brought up under the upcoming budget sessions. The Council so directed that this matter be discussed at that time. Jerry Wilverding and Ray Faltings both spoke in opposition to the building of Council Chambers. em Staley commented that the Council's choice is to spend the Park Fund on a capital improvement which the City needs and may never have another chance to build or to apply this money to some temporary needs that would fund operations for three or four months. MAIN MOTION PASSED 3-1, CM DAHLBACKA DISSENTING. TENTATIVE TRACT 4005 SUNSET DEVELOPMENT CO. A tentative tract map, No. 4005, has been submitted by the Sunset Development Co. to divide 6.2 acres into 21 lots for a single family residential development located at the northwest corner of Concannon Blvd. and Cordoba Street. The Planning Commission considered this item and recommended that the map be denied based on the lack of sewer capacity. However, since that recommendation it has been determined that sewer capacity is available for such developments. em Dahlbacka asked the Planning Director if the issue of 10% for low and moderate income housing was discussed during the Planning Commission's consideration. Mr. Nies said this issue was not discussed since the main consideration at that time was the lack of sewer capacity. Alex Mehran, 1819 Barcelona Street, described the proposed develop- ment as a small 21 unit development which will be aimed to supply housing for the moderate income level. He stated that it is not possible at this time to give a difinte price range but that the aim will be to serve incomes between 20 to 25 thousand and blend the development with the existing homes in the area. Discussion followed between the Councilmembers and Mr. Mehran regarding the General Plan requirement that 10% of all developments be low and moderate income housing. Mr. Mehran stated that when the map ~as originally planned and submitted to the City in 1977, no mention was made of this requirement and now that the planning is complete the issue is being presented to him. Cm Dahlbacka suggested that in a small development of this size, a duplex unit would satisify this requirement and even though the area is not zoned for duplexes it could be rezoned in order to meet this critical need. The alternative of in-lieu fees was discussed and the fact that the City does not have an ordinance to implement this procedure. The City Attorney stated that this 10% requirement of the General Plan is a difficult one to administer in that it requires a large committment of City sources, both in staff work and planning. The in-lieu fees would mean an ordinance and administrative structure to govern the use of the money collected, the restrictions and conditions placed on housing that is actually dedicated. CM-35-258 June 12, 1978 (re Tentative Tract 4005) Cm Dahlbacka stated that there are many policies followed in the General Plan without an ordinance. The requirement for low and moderate income housing has been discussed for five years and the Council has a strong commitment to follow it. em Staley asked the City Attorney if there was any reason why the Council could not set an in-lieu dedication fee at this time. The City Attorney responded that as a general matter any enactment by the City Council has to rest on some rational basis and that it would be a matter of subjective opinion of whether or not the Council has the necessary information to set an in-lieu fee that would be satisfactory to implement the General Plan. Cm Staley suggested that with a 21 unit development a fee of $1,000 seemed appropriate to meet the in-lieu dedication and asked if the rest of the Council was willing to set a fee and if they felt this figure was appropriate. Cm Dahlbacka said he was willing to discuss a fee but would prefer that the Council come up with a rational basis. Mr. Mehran asked that the Councilmembers remember the size of this development in their discussion. Mayor Turner pointed out that at this time the commitment was made for low and moderate housing, the discussion centered around larger tracts and to the best of his knowledge they did not discuss small developments such as this. em Staley explained that the concept of in-lieu fees is that some developments, such as the proposed, would be so small that they would not be able to make any meaningful contribution to the requirement for low and moderate income housing so the idea was that the in-lieu fee would be banked and at the appropriate time allow the City to purchase another unit or some development of units for this purpose. The City Attorney said that these fees would have to be placed in a trust fund and audited regularly. CM STALEY MOVED FOR THE APPROVAL OF TRACT MAP 4005 INCLUDING THE APPROPRIATE FINDINGS, ACCEPTANCE OF THE EIR, AND WITH THE CONDITION THAT A $50 PER UNIT IN-LIEU DEDICATION FEE BE ESTABLISHED TO MEET THE GENERAL PLAN GOAL OF LOW COST HOUSING. SECONDED BY CM DAHLBACKA. It was determined that the fee per unit on this particular develop- ment could not be reassessed since the map is being approved at this meeting. MOTION PASSES UNANIMOUSLY. PROPOSED GENERAL PLAN AMENDMENT The area of consideration is located on the south side of College Avenue and west of South ilL" Street, and is commonly known as the Pentecostal Bible College property. The Planning Commission has recommended that the City Council amend the Land Use Element of the General Plan from Community Facilities to Urban Low-Medium Residential (3 dwelling units per acre). ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE A PUBLIC HEARING DATE OF JUNE 26, 1978 WAS SET FOR THIS MATTER. CM-35-259 June 12, 1978 RATE ADJUSTMENT REQUEST VIACOM CABLEVISION An application has been received from Viacom Cablevision for a rate adjustment in this community service. The request made by the General Manager of Viacom stated that the rate adjustment is requested because of inflationary pressures over a period of years and that it has become impossible to provide the level of service necessary and appropriate. The rate adjustment requested is $1.00. Viacom has not had a rate adjustment since 1974. Cm Staley questioned Mr. Neil R. McHugh, General Manager, if Show- time is covered under their franchise and Mr. McHugh stated that it is not. It was then determined that if showtime is not covered under the franchise that they should in fact be paying a business license tax. Mr. McHugh said they would be happy to discuss the business license tax. Discussion followed regarding the possibility of bringing local programing to the City. It was the Council's decision to ask Mr. McHugh to submit a report outlining such a possibility and also report on what has been done in other communities. The staff was directed to report on the business license ~ax issue for Showtime. MUNICIPAL PROPERTY LEASE An application has been received from Templeton Company LTD. for the ground lease of two one acre parcels at the intersection of Airway Blvd. and Kittyhawk Road. The Airport Committee has requested that they be allowed to review this application before City Council action. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE THIS ITEM WAS REFERRED TO THE AIRPORT COMMITTEE FOR REVIEW AND COMMENT. LLL SEWER LINE AGREEMENT The City Council considered a preliminary draft of the ERDA agreement at their meeting of March 27, 1978. The agreement has been modified to reflect the Council decisions and provides for the construction of a new gravity sewer line to serve the Laboratory and Sandia. The line will have additional capacity and replace the existing 10" line on East Avenue which is reaching its capacity. It would eliminate a pumping station at the LLL site which is presently needed to lift the sewage into the East Avenue line. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, A RESOLUTION WAS ADOPTED AUTHORIZING EXECUTION OF AGREEMENT. RESOLUTION NO. 154-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Department of Energy, United States of America) (Lawrence Livermore Laboratory) EMERGENCY AMBULANCE RATE ADJUSTMENT The Alameda County Health Care Services for emergency ambulance services advised the Council of the rate adjustments based on the Consumer Price Index. This was submitted for informational purposes and was noted for filing. CM-35-260 June 12, 1978 ACTUARIAL STUDY - PERS It is proposed that an actuarial study be done on the cost of an amendment to our PERS contract which would provide an income adjustment for those employees who retired prior to 1974. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, AUTHORITY WAS GRANTED TO AMEND THE BUDGET TO CONDUCT THE STUDY AND AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT. RESOLUTION NO. 155-78 A RESOLUTION AUTHORIZING EXECUTION OF CONTRACT AND BUDGET AMENDMENT (Public Employees' Retirement System) CONSENT CALENDAR REPORT RE DISCRETE SEWAGE POLICY For the Council's information, they were supplied with a copy of the latest draft on the discrete sewage facilities pOlicy. The Council will be notified when the matter is to be finally considered. COOPERATIVE PERSONNEL SERVICES CONTRACT This Cost Service Contract will renew the City's contract with Cooperative Personnel Services, a testing agency and will allow the City the use of up-to-date, validated testing material by request only. RESOLUTION NO. 156-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (California State Personnel Board) AGREEMENT - KORN-FERRY INTERNATIONAL Korn-Ferry International has been selected to carryon recruitment and screening of candidates for the position of City Manager. RESOLUTION NO. 157-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT AND BUDGET AMENDMENT (Korn-Ferry International) RESO. RE SALARY INCREASES This resolution reflects salary increases negotiated with M.E.A.N. and includes all amendments recently adopted. RESOLUTION NO. 158-78 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 NUMBERS 35-78, 114-78, 138-78, AND 151-78. CM-35-261 CONSENT CALENDAR (CON'T) The following resolutions reflect action taken by the City Council at their meeting of June 5, 1978: RESOLUTION NO. 159-78 A RESOLUTION APPROVING MUNICIPAL BUS ROUTE AND FARE CHANGES RESOLUTION NO. 160-78 A RESOLUTION AUTHORIZING BUDGET AMENDMENT (Police Department Antenna Modifications) RESOLUTION NO. 161-78 A RESOLUTION AUTHORIZING BUDGET AMENDMENT (Weed Abatement on City-Owned Properties) P.C. Summary of Action Meeting of June 6 The Council noted for filing the Planning Commission Summary of Action for their meeting of June 6, 1978. P.C. Minutes - 5/16/78 The Planning Commission Minutes from their meeting of May 16, 1978, were noted for filing. Warrants & Payroll There were 319 warrants in the amount of $127,853.93, dated June 1, 1978, and approved by the City Manager. CONSENT CALENDAR APPROVAL ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE THE CONSENT CALENDAR WAS APPROVED. MATTERS INITIATED BY COUNCILMEMBERS Cm Dahlbacka requested that the Council be allowed to review the Mayor's gas tax allocation map before it is submitted. Cm Kamena requested that the Planning Director convey to the Planning Commission the Council's wish to adopt the Residential Development Plan before or by October, 1978, and to schedule their review of it accordingly. Mayor Turner stated that the map the Council received regarding the Northfront Road area did not show a water line but according to California Water they have a line going into that area. The City Attorney said a report on this subject will be coming to the Council shortly. ADJOURNMENT -.-""=' Mayor Turner adjourned this meeting to an executive session to be held on June 13, 1978, in the Municipal Court Chambers at 7:30 p.m. and a public meeting immediately following at 8:30 p.m. CM-35-262 APPROVE (~tI!l.lA' (/OC MayO~ /\ J J 1 LJd!J.'t iik t Live or June 12, 1978 - ATTEST Adjourned Regular Meeting of June 13, 1978 An adjourned regular meeting of the City Council of the City of Livermore was held on Tuesday, June 13, 1978, at 7:30 p.m. in the Municipal Court Chambers, 39 South Livermore Avenue, Livermore, California. The meeting immediately adjourned to an executive session to discuss personnel matters and labor negotiations. Present: Absent: Cm Dahlbacka, Kamena, Staley and Mayor Turner Cm Ebert (Excused Business) The executive p.m. to a regular meeting. APPROVE ATTEST < lerk , California Adjourned Regular Meeting of June 13, 1978 An adjourned regular meeting of the City Council of the City of Livermore was held on Tuesday, June 13, 1978, at 8:30 p.m. in the Municipal Court Chambers, 39 South Livermore Avenue, Livermore, California. Mayor Turner called the meeting to order. ROLL CALL Present: Absent: Cm Dahlbacka, Kamena, Staley, and Mayor Turner Cm Ebert (Excused Business) BUDGET SCHEDULES Mr. Parness explained the various budgets which have been prepared this year. The staff prepared the usual budget, a budget in the event Proposition 8 passed, a general budget in anticipation that Proposition 13 passed, and finally a budget based on anticipated revenues now that Proposition 13 did pass. Mr. Parness asked the Council to set up a definite schedule of discussing each phase of the budget and each department of the City. It was noted that each department budget would be discussed in detail at the scheduled budget sessions and were summarized only during this meeting. The City Attorney outlined some possible sources of alternative revenue which the City has not taken advantage of in the past. CM-35-263 June 13, 1978 (Re Budget Schedule) Interested citizens and City employees spoke regarding their views on the various proposed reductions of City department functions and on the proposed license and fees increase. The Council agreed that the first meeting should be to allow the Council to respond to the staff on their suggested budget and per- sonnel cuts. Saturday, June 17, 1978, was choosen as the first meeting date. Mr. Parness said he would try to obtain use of the Library meeting room and would advise the Council of the exact meeting place and time. Cm Staley pointed out that many of the decisions which the Council will have to make will depend on the cooperation of other local agencies and cities. He suggested that staff write letters to these agencies and cities to determine if they are interested in this cooperative effort. MAYOR TURNER ADJOURNED THE MEETING AT 10:30 P.M. TO AN EXECUTIVE SESSION TO DISCUSS PERSONNEL MATTERS. c~ /'-. Ii . 1 ;J Udlt/f. &11.(!Jc.~ C Liverm APPROVE - ATTEST Regular Meeting of June 19, 1978 Prior to the regular meeting, the City Council met at 7:30 p.m. in an executive session for the purpose of discussing labor negotiations. A regular meeting of the Livermore City Council was held on June 19, 1978, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Turner at 8:12 p.m. ROLL CALL Present: Absent: Cm Dah1backa, Ebert, Kamena, Staley and Mayor Turner None PLEDGE OF ALLEGIANCE Mayor Turner led the Counci1members as well as those present in the audience in the Pledge of Allegiance. MINUTES - 5/8/78 ON MOTION OF CM KAMENA, SECONDED BY MAYOR TURNER AND BY UNANIMOUS VOTE, THE MINUTES OF MAY 8, 1978, WERE APPROVED AS SUBMITTED. CM-35-264 June 19, 1978 AGENDA REORDER TENTATIVE TRACT 3760 Mayor Turner stated that the applicant, Associated Professions, on Tentative Tract 3760, located northerly of Joyce Street and Katrina Way, has requested a one week continuance on this item in order to work out some details with the Planning Department. Cm Dahlbacka commented that he would like to know what kind of details are being worked out because if there are any real changes in the map, perhaps it should go back quickly to the Planning Commission for a review and then back to Council. Keith Fraser, representative for the applicant, stated that the changes involved some engineering details just received today. Cm Dahlbacka was concerned about the density of the development since the Planning Commission saw it, and Mr. Fraser stated that the density is down. It was suggested by Cm Dahlbacka that the Planning Commission review the changes at their meeting tomorrow night but the Planning Director said it would be at least three weeks before the Commission could consider the changes as an agenda item. Mr. Fraser stated that he did not want to argue the point at this time but he did ask the planning Commission at the time they were about to deny the map to allow him to bring in a new map and that was not their pleasure and that he felt it would be fruitless to go back to them. Cm Dahlbacka suggested that the changes could go to the Planning Commission on an informal basis just in order to get their comments. Mayor Turner reminded the Council that the item is going to be continued and a discussion on the details is not planned for this evening. Time schedules of the various Councilmembers and the upcoming holiday on the 4th of July was discussed. It was finally decided that the 10th of July would be the best time to bring this item back on the agenda and the representative for the applicant agreed that the 10th would be acceptable. OPEN FORUM (Re Council Chambers) Cm Kamena requested that an additional item be inserted on the agenda under unfinished business to allow a discussion on the construction of the new Council Chambers. ON MOTION OF eM KAMENA, SECONDED BY MAYOR TURNER AND BY UNANIMOUS VOTE, AN ADDITIONAL ITEM WAS INSERTED UNDER 4.1(a) FOR A DISCUSSION ON THE CONSTRUCTION OF NEW COUNCIL CHAMBERS. COMMUNICATION - ECHO A monthly status report was received from ECHO for the month of May on the Weatherization Program. It was noted that one home was insulated and weatherstripped, four home weatherstripped only, four homes audited for work, two homes left to be completed. The report was noted for filing. COMMUNICATION - AUCTION POLICE VEHICLES The City Purchasing Agent reported that the six 1976 Plymouth Valiants partrol vehicles were auctioned June 3 for a total sale of $5,725. The trade-in value on the original bid was $3,600. The report was noted for filing. CM-35-265 June 19, 1978 COMMUNICATION RE HOTLINE AND HORIZONS PROGRAMS A copy of a letter was received from the Murray School District, Dublin, directed to the Alameda County Board of Supervisors request- ing that every effort possible be made to preserve the Hotline and Horizons programs. The Council felt this was an item to be discussed during budget sessions and the matter will be considered at that time. CITY MANAGER'S REPORT Mr. Parness was absent from this meeting so Ed Schilling, Assistant to the City Manager, gave a report. The Planning Department has before them 300 units for proposed development and they are all within the 50 lot limit set by the Council. The City has experienced its first traffic fatality for this year. A motorcycle/car accident on Las positas Road about a week ago has resulted in the death of the cycle rider. The Finance Director and the City Manager have requested proposals from ten CPA firms for the City's auditing and they will be receiving sealed proposals tomorrow. The Council will receive a report and recommendation on this matter in the near future. The Public Works Department reports that the No. 16 green on the Golf Course is currently being seeded and with this completed, three remain to be done. The completion date will depend somewhat on whether we are allowed to retain our CETA help. "L" Street Reconstruction, Pacific Avenue Extension and Fourth & College Public Works projects are all underway and progressing well. Bob Lee, Traffic Engineer, has announced that he will be leaving the City's employment to accept a position with Ft. Collins, Colo. Mr. Schilling stated that Mr. Lee has been an asset to the staff and that we are sorry to see him go. LAYOFF POLICY & GRIEVANCE PROCEDURE The Assistant to the City Manager suggested that the Council put these discussions over for one week to allow the staff more time to meet and discuss points of the policy and procedure with the various employee groups. ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THESE DISCUSSIONS WERE CONTINUED TO THE MEETING OF JUNE 26. COUNCIL CHAMBERS DISCUSSION This item was added to the agenda in order to allow the Council to discuss their previous decision to construct new Council Chambers along with the administration building. CM KAMENA MOVED THAT THE COUNCIL REVERSE THEIR PREVIOUS DECISION TO BUILD COUNCIL CHAMBERS IN THE NEW CIVIC CENTER. SECONDED BY CM EBERT. \ \'--- Mayor Turner stated that he still feels as he did when the vote was taken that it is the right time to build City Council Chambers, however, there has been great dissatisfaction shown on the part of Livermore citizens and to go on with the building now would only tear the community apart further. CM-35-266 June 19, 1978 (Re Council Chambers) Citizens, Mark Warner, Roger Johnson, Jerry Wilverding and David Eller spoke in favor of the Council reversing their decision as stated in the motion, while Dick Christmas encouraged the Council to stand by their decision to build the chambers. The City Attorney pointed out that with the passage of the motion on the floor it is in effect directing the staff to negotiate a change order with the contractor at the lowest possible penalty. eM KAMENA MOVED TO &~ND THE MOTION TO INCLUDE THAT THE STAFF NEGOTIATE A CHANGE ORDER WITH THE CONTRACTOR AT THE LOWEST POSSIBLE PENALTY. AMENDMENT SECONDED BY MAYOR TURNER AND PASSED UNANIMOUSLY. MAIN MOTION PASSES UNANIMOUSLY. WORKER'S COMPENSATION EXCESS INSURANCE This matter was continued from the meeting of June 5. Questions involved the prudence of purchasing a 5 million dollar umbrella cover- age at an increased cost of $8,090 per year for a total premium cost of $32,925. Our insurance broker, E. E. "Gene" Morgan Insurance, has encouraged the staff and Council to retain this insurance coverage pointing out that the City reserve of $160,000 could be used on one severe accident or burn and with the passage of Jarvis/Gann the City will have less revenue and no way to secure money to pay such losses without proper insurance coverage. The City Manager has recommended that due to economic constraints, at least for the rest of the fiscal year, it may be advisable to limit the excess coverage to 2 million. The Finance Director explained that the premium for this umbrella coverage is directly related to the payroll in that it cost 55 cents per $100 of payroll. Cm Staley commented that he felt the City's reserve of approximately $160,000 is sufficient since a claim would have to reach the $128,000 figure before the City realized any benefit from this policy. MAYOR TURNER MOVED TO ADOPT THE STAFF RECOMMENDATION TO PURCHASE THE 2 MILLION EXCESS COVERAGE. SECONDED BY C!-1 KAMENA. Cm Dahlbacka said he agreed with Cm Staley's statements that the risk is not as great as the burden on the City financially and that the amount of money the City is being charged is excessive for the amount of protection we are getting. MOTION PASSED 3-2, CM DAHLBACKA AND STALEY DISSENTING. COUNCIL-COMMISSION- STAFF RELATIONS Cm Staley had requested that this matter be discussed as an agenda item. Mayor Turner asked Cm Staley to lead the discussion. Cm Staley reviewed his reasons for requesting that this matter be placed on the agenda. There has been, in the last few months, some confusion both with regard to the media, perhaps with regard to a Councilmember and certainly with regard to various staff positions and commissions. The relationship between the City Councilmembers or individual Councilmember and various employees should be clarified as to the ground rules. He stated that in the three years he has been a Councilmember it was his understanding that the City Council as a whole gives the City staff and commis- sions direction and that no City Councilmember has the right to speak individually for the City or to individually instruct a CM-35-267 June 19, 1978 (Re Council-Commission-Staff Relations) commission or an employee. He asked for other members comments on this subject. Mayor Turner agreed that it has been Council Policy in the past to not instruct the staff on an indivisual basis without prior Council approval. Cm Ebert stated that if there were individuals who thought he wanted to direct the staff individually that he would be happy to discuss the matter with them. Mayor Turner commented that the purpose of this discussion was to re-establish the ground rules so that everyone is working on the same level of understanding. Cm Ebert stated that he has been critized because of his "head-on" attitude of handling situations and that as an elected Councilmember it is his absolute charge by the voters to behave the way he started out by not hiding anything from anyone. He said he has disagreed openly with the Planning Commission because he does not think they serve the interest of the majority of the citizens in Livermore. Cm Staley commented that no one is suggesting that Cm Ebert is not priviledged to make any remarks he wants to in an individual capacity and that his only concern is that any member of the Council not make remarks that he or she believes individually as coming from the Council unless, in fact, they have come from the Council. He went on to say that if Cm Ebert feels the way he has stated about the Planning Commission that he would think that a proper motion from Cm Ebert would be to reconsider the appointments of the Planning Commission or to ask for their resignation. A member of the audience, name inaudible, stated that he felt Cm Ebert was the first Councilmember to represent him in some time and that he would like to see him continue. Rich Buckley expressed the same views. David Eller commented that he felt all Councilmembers should be allowed to express their personal views. Jan Brice felt that Cm Ebert was not acting in an individual capacity but included the entire Council when writing an open letter to the media regarding the Planning Commission. Mayor Turner suggested that in the near future the entire Council policy and rules could be reviewed and that in the meantime anyone with personal and individual complaints should discuss them privately. TENTATIVE TRACT 3760 This item was continued to the meeting of July 10, 1978. CUP - AUTO REPAIR 167 "B" NO. LIVERMORE An application has been received from Fred Thede for the establishment of an automobile repair facility in a portion of an existing building located at 167 "B" No. Livermore Avenue, zoned CB-l, Central Commercial. The Planning Commission conducted a public hearing on June 6, 1978, and adopted Resolution 48-78 recommending conditional approval based on conditions as specified in their resolution. CM KAMENA MOVED TO ADOPT THE PLANNING COMMISSION RECOMMENDATION WITH THE APPROPRIATE FINDINGS WITH DIRECTION TO THE STAFF TO PREPARE THE NECESSARY RESOLUTION. SECONDED BY CM STALEY AND PASSED UNANDlOUSLY. --------. PROPOSED POLICY RE BENEFIT DISTRICTS The City Attorney advised the Council that some additional technical input is forthcoming on this item and it is requested that the Council continue this item for a later meeting. CM-35-268 June 19, 1978 SEWER CONNECTION APPLI- CATION - 1647 ALMOND AVE. A sewer connection has been requested by Larry Medders to permit construction of a single family dwelling to replace an existing dwelling. The parcel is served by a private sewage system and is located south of the City on the west side of Almond Avenue. The City's sewer line is located on Almond Avenue approximately 170 ft. north of the site. The Planning Commission suggests that approval of this request would be a reversal of policy in that the City has not allowed residential sewer connections for parcels located in the County and has therefore recommended that the City Council deny the request. Cm Dahlbacka commented that it appears that the residence complies with all of the zoning and conforms to the General Plan. This area has a serious underground water problem and Cm Dahlbacka inquired if the applicant had been asked if he wishes to annex to the City. The Planning Director responded that the Planning Commission did not discuss this possibility with the applicant, Larry Medders. CM DAHLBACKA MOVED TO DIRECT THE STAFF TO COMMUNICATE WITH THE APPLICANT THAT THE CITY MAY BE WILLING TO ANNEX HIS PARCEL AND TO BRING THE ITEM BACK TO COUNCIL WHEN THE APPLICANT HAS REPLIED. MOTION SECONDED BY CM STALEY AND PASSED UNANIMOUSLY. REAL ESTATE SIGNS The Council had indicated that they wished to discuss the policy relative to real estate signs. They were supplied with excerpts from the zoning ordinance and City Code and it was the general consensus of the Council that the ordinance specifies that a real estate sign can only be placed upon the property being sold and that it would not be legal to obtain permission of a near- by property owner and place a sign such as "Open House" etc. Mayor Turner stated that the Police Department has been instructed to pick up any any signs which are placed in the median, curb strip or attached to signs (such as Stop Signs) and that it was his understanding no signs are being picked up if they are not in the right-of-way. After some discussion the Council requested that the staff prepare a report setting forth the policy as had been generally agreed on by the Council and then they can approve, change, or disapprove the policy. The City Attorney said that if one sentence was added to the ordinance it would clarify the whole matter and that he would present to the Council a draft showing this change. SPRINGTOWN GOLF COURSE MONTHLY MEMBERSHIP RATE The City Council adopted a new green fees and charges for the Springtown Golf Course in February, 1978, as recommended by City staff and the Greens Committee. The new greens fees schedule provides for termination of monthly membership rates on July 1, 1978, in favor of six months and yearly rates. Subsequent to the adoption of the new rates, a number of persons have requested that the monthly membership rates be re-established. ON MOTION OF CM STALEY, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE THE MONTHLY MEMBERSHIP RATES WERE RE-ESTABLISHED AT THE SPRINGTOWN GOLF COURSE. RESOLUTION NO. 162-78 A RESOLUTION ESTABLISHING FEES AT THE SPRINGTOWN GOLF COURSE CM-35-269 June 19, 1978 SPRINGTOWN GOLF COURSE COUPON BOOKS The Public Works Director and the Golf Professional at the Spring- town Golf Course recommend that the City Council approve the participation in coupon booklet sales offering free play tickets. The coupon books consist of various tickets offering free services and will be sold by the Jaycee's and the Livermore Soccer Club as a fund raising project. It is the opinion of the Golf Professional, based on experience in another community, that the response could be from 30 to 40%. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COUNCIL APPROVED CITY PARTICIPATION IN THE COUPON BOOK PROJECT. CULTURAL ARTS AWARDS POLICY The City Council had directed that an inventory of the City's art collections be prepared and that guidelines for future art purchases be recommended. The Assistant to the City Manager supplied the Council with the inventory and recommended that future purchases of individual art pieces would be unwise due to the minimal number of interior walls available for art displays in the new Administration Building. It was also suggested that two members of the Council be designated to work with the Cultural Arts Council, the Livermore Arts Association and other interested groups to recommend the kind of art work which would accentuate the new building's features. Cm Dahlbacka and Cm Ebert were designated to work with these groups since they already represent the Council on the Cultural Arts Council. APPOINTMENTS Monday, June 26, 1978, was selected as the time to interview persons interested in serving on the Planninq Commission. The City Clerk was directed to ~et un interviews for the applications on hand. The following apoointments were made with the direction that resolutions be prepared for the followinq week consent calendar: Housing Authority: (Tenant Members) Ms. Beverly Clymer Ms. Stella Wall Housing Authority Board: Mr. James Lyle - Reappointed for a four year term Heritage Preservation Commission: Leslie Jensen Robert Schoen Library Board: Christine Sherman Terry Fox Reappointed to three year terms Beautification Committee: Joanne DeHart Julia Estebrook Reappointed to two year terms "-",,,,,,,,".- CH-35-270 June 19, 1978 CONSENT CALENDAR Reso. - Acquisition of Property As part of the East First Street Overhead Project, East First Street is being widened to a uniform width. It is necessary to acquire a strip of land, approximately 38 ft. wide, containing .164 acre from Ms. Julia P. Salas. RESOLUTION NO. 163-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Julia P. Salas) Reso. - Agreement National Car Rental The Council is requested to authorize execution of an agreement between the City and National Car Rental for rental of space at the Municipal Airport Terminal Building for five years commencing June 1, 1978. RESOLUTION NO. 164-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (National Car Rental System, Inc.) Reso. - Agreement Lynch, Victory and Young An agreement has been reached between Lynch, Victory and Young and the City for telecommunications equipment evaluation and design for the new Administration Building. RESOLUTION NO. 165-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Lynch, Victory and Young) Departmental Reports The following departmental reports were submitted for Council information: Building Department - May Fire Department - Quarterly, January/March Municipal Court - April Police/Pound - May Warrants & Payroll There were 85 warrants in the amount of $264,352.00, and 322 payroll warrants in the amount of $178,312.79, for a total of $442,664.79, dated June 13, 1978, and approved by the City Manager. CONSENT CALENDAR APPROVAL ON MOTION OF CM KAMENA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE THE CONSENT CALENDAR WAS APPROVED. CM-35-271 June 19, 1978 I1ATTERS INITIATED BY STAFF/COUNCILMEMBERS Ed Schilling requested that the Council meet in an executive session before the regular meeting with Korn-Ferry International, the firm selected to carryon recruitment and screening of candi- dates for the position of City Manager. The Council requested that the meeting with Korn-Ferry be set up for 7:00 p.m. on Thursday, June 22. Cm Dahlbacka requested that a meeting be set up with agencies such as the School District, LARPD, and other agencies affected by the tax cut. (Re Adjacent County Property) Cm Staley suggested that a letter be written to the County requesting that they cease issuing building permits to properties adjacent to City property since they have decided to not provide police and fire protection for this area. The City Attorney pointed out that LAFCO has responded to our request that they reconsider our sphere of influence. This has been scheduled on their agenda for their meeting on June 22. They will decide at this meeting if they wish to reconsider our sphere of influence and then schedule the reconsideration for a later time. If they do decide to reconsider new legislation will require the City, if the Board so desires, to pay all of the cost involved in the reconsideration. This cost can be waived by the Board if they desire. (re Planning Commission) Cm Ebert requested that the matter of the Planning Commission staff be placed on the agenda next week for discussion. (re Rodeo Parade) Mayor Turner commented that the City may not be able to assist the Rotary Club next year with the Rodeo Parade as the in-lieu services cost more than $2,000 this year. He requested that the Rotary Club be so notified by letter. (re Sister Cities) The Mayor asked if the City was planning to fund this year's trip to Mexico. The Finance Director noted that this subject would be discussed during the budget sessions. It was suggested that the chairman of the Sister City Committee be notified of the date, time and place when this matter would be discussed. (re Limited Mayor Terms) Mayor Turner commented that when the discussion of limiting the Mayor's term to 8 years is brought up a discussion on limiting Councilmembers terms the same time should also be considered. OORDINANCE INTRODUCTION RE BUILDING FEES ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE AN ORDINANCE WAS INTRODUCED AND READ BY TITLE ONLY REGARDING BUILDING FEES. -_.-~- CM-35-272 June 19, 1978 INTROD. ORD. RE UNIFORM BUILDING CODE ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, AN ORDINANCE WAS INTRODUCED AND READ BY TITLE ONLY REGARDING AMENDMENT OF CHAPTER 6, RELATING TO THE UNIFORM BUILDING CODE. ORD. RE SPECIAL LICENSE FEES (BEDROOM TAX) This ordinance was included on the agenda for first reading introduction, however, after lengthy discussion the Council decided to postpone introduction as some members felt they would like to consider it more carefully. The City Attorney explained that this ordinance differs in two aspects from the original one in that it establishes a flat fee and changes the basis for computation of the percentage rate which was formally based on square footage. Therefore, the tax is at a 1.5% rate of the cost of completed construction. It is based on the same factors as the business license tax and it is not a capital fund "buy-in" amount. INTROD. ORD. RE HOTEL TRANSIENT OCCUPANCY TAX CM DAHLBACKA MOVED TO INTRODUCE THE ORDINANCE AND INSERT THE AMOUNT OF 10% AS THE TAX IMPOSED. SECONDED BY MAYOR TURNER. MOTION PASSED 3-2, CM EBERT AND KAMENA DISSENTING. CM DAHLBACKA MOVED TO INTRODUCE AND READ THE ORDINANCE BY TITLE ONLY. SECONDED BY MAYOR TURNER AND PASSED UNANIMOUSLY. It was noted that Cm Ebert and Cm Kamena objected to the 10% tax imposition and therefore voted against the first motion, however, since the ordinance is for introduction only and final voting will take place at the next regular meeting, the Councilmembers dissenting voted aye on the introduction by title only. INTROD. ORD. RE LICENSE TAX ON FAST FOOD REST. CM STALEY MOVED TO INTRODUCE THE ORDINANCE AND INSERT THE AMOUNT OF LICENSE FEE OF $2.50 FOR EACH $1,000 GROSS RECEIPTS. SECONDED BY CM KAMENA. CM DAHLBACKA MOVED TO AMEND THE MOTION TO INSERT THE AMOUNT OF LICENSE FEE OF $10.00 FOR EACH $1,000 GROSS RECEIPTS. SECONDED BY CM STALEY. AMENDMENT PASSED 4-1, CM EBERT DISSENTING. MAIN MOTION PASSED UNANIMOUSLY. INTROD. ORD. RE VARIOUS FEES ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE A FEE OF $5.50 FOR ALTERED OR NEUTERED DOGS AND $11.00 FOR UNALTERED DOGS WAS ESTABLISHED. CM-35-273 June 19, 1978 (Ord. re Various Fees) MAYOR TURNER MOVED TO INTRODUCE THE ORDINANCE AND INSERT FEES AS FOLLOWS: $10.00 FOR CARD ROOM PERMITS; $10.00 FOR WORK PERMIT; $25.00 FOR DANCE PERMIT; $50.00 FOR MASSAGE SERVICE PERMIT; $10.00 FOR POOL OR BILLIARD ROOM PERMIT; AND $10.00 FOR TAXI CAB PERMIT. SECONDED BY CM DAHLBACKA AND PASSED UNANIMOUSLY. Ordinance was read by title only. --"",--' ADJOURNMENT There being no further business to discuss, the Council meeting was adjourned at 11:30 p.m. to an executive session to discuss' labor negotiations. The executive ses.sion was adjourned to an adjourned regular meeting to be held June 20, 1978, in the same meeting place. QAkt~ APPROVE ATTEST oJ ~. 4 Q~R-i'- ~J--' City Clerk :J . Livermore, California Adjourned Regular Meeting of June 20, 1978 An adjourned regular meeting of the City Council of the City of Livermore was held on Tuesday, June 20, 1978, at 8:05 p.m. in the Municipal Court Chambers, Department 2, 39 So. Livermore Avenue, Livermore, California. The meeting was called to order by Mayor Turner. ROLL CALL Present: Absent: Cm Dahlbacka, Staley and Mayor Turner Cm Ebert and Kamena (Present in Building, not in meeting room) INTROD. ORD. RE BUSINESS LICENSE TAX - RES. DEVELOPMENT The Council discussed the proposal, whether or not a sales price or building permit base should be used. This is a fee for doing residential development business in the City and would be an amend- ment to the business license section of the Code. ON MOTION OF C~l STALEY, SECONDED BY MAYOR TURNER, AND BY UNANIMOUS VOTE THE ORDINANCE WAS INTRODUCED AND READ BY TITLE ONLY. CM EBERT AND KAMENA ABSENT. Also discussed was the possibility that capital funds may be good to have if the general fund monies must be spent before any surplus funds are available from the State. It is possible that 1/3 of these funds could be assigned to Capital Improvements. -...... CM-35-274 June 20, 1978 INTROD. ORD. RE AMUSE- MENT DEVICE, VEND. MACH. This is a proposed Municipal Code amendment to the business license tax section relating to amusement devices and vending machines and increases the license fee thereof. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE THE ORDINANCE WAS READ BY TITLE ONLY AND INTRODUCED FOR FILING. CH EBERT AND KAMENA ABSENT. DISCUSSION RE OCCUPATION TAX The Council briefly discussed the possibility of adoption of an occupation tax, for later implementation, whether or not self- employed persons had to report and the difficulties of collection. At the close of the discussion it was the consensus of the Council not to support such an action at this time. CM EBERT AND CM KAMENA WERE SEATED AT THIS TIME DURING THE ABOVE DISCUSSION. INTROD. ORD. RE VARIOUS PLANNING & P.W. FEES These proposed Municipal Code amendments relate to various filing fees, i.e., Design Review, Zoning Use Permit, Home Occupation Permit, Site Plan Approval, Appeal, Planned unit Development, Variance, Conditional Use Permit, Rezoning pertaining to the Plan- ning Department operation; the second part pertains to subdivision fees. Also discussed was an ordinance outlining changes in all building permit fees, inspection fees, and other fees outlined in the Building Code as well as plumbing fees. ON ~10TION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE THE ORDINANCE WAS INTRODUCED AND READ BY TITLE ONLY. LIBRARY USERS FEE The City Attorney reported that the Council does not have the authority to charge a users fee, however, the Board does have the discretion to levy a non-resident users fee, charge for use of the meeting rooms and other fees of this type. The issue was discussed briefly, and all suggestions were referred to the Library Board for their consideration. RESO. - FINGERPRINTING FEE It was suggested that the cost of fingerprinting of citizens, formerly done without a fee, should have a fee assigned which would fairly reflect the actual cost of the service. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, THE FOLLOWING RESOLUTION WAS ADOPTED. RESOLUTION NO. 166-78 A RESOLUTION PROVIDING FOR A FEE FOR FINGERPRINTING SERVICES BY THE LIVERMORE POLICE DEPARTMENT CH-35-275 June 20, 1978 ~~TTERS INITIATED BY COUNCILMEMBERS Item 1, proposed ~1unicipal Code amendment, business license tax on residential development, having an effect on housing was requested by Cm Dahlbacka to be referred to the Housing Task Force for their information. .!\DJOURNt1ENT --' There being meeting was APPROVE no further business to come before the Council, adjourned at 8:45 p.m. to a budget session. C/~ the ATTEST Regular Meeting of June 26, 1978 A regular meeting of the Livermore City Council was held on June 26, 1978, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Turner, at 8:05 p.m. ROLL CALL Present: Absent: Cm Dahlbacka, Ebert, Kamena, Staley and Mayor Turner None PLEDGE OF ALLEGIANCE Mayor Turner led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. PROCLAMATION A proclamation was presented to Mr. Warren Thompson of the Pacific American Institute, who is handling for this area a four week cultural program for 35 French students. Mr. Warren asked for any Livermore residents who would be interested in hosting one of the students to contact him. CM-35-276 June 26, 1978 MINUTES - 5/15/78 ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE MINUTES OF MAY 15, 1978, WERE APPROVED AS SUBMITTED. OPEN FORUM No one in the audience wished to speak. P.H. GENERAL PLAN AMENDMENTS Since there were four separate amendments to be discussed, the Council agreed to discuss each item separately in order to reduce confusion. The first item for discussion was a text amendment for the Central Area Element to incorporate a statement indicating that the anchor tenant of the area south of Railroad Avenue between "P" and ilL" Streets shall not be a supermarket. The Mayor opened the hearing for public comments. There were no public comments from the audience, however, a letter was received from the Southern Pacific Development Company stating that they neither support or oppose the proposed amendment to the Central Area Element to incorporate a statement indicating that the anchor tenant within the limits of their property between "P" and "L" Streets shall not be a supermarket. ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE THE RECOMMENDATION OF THE PLANNING COMMISSION TO AMEND THE CENTRAL AREA ELEMENT (TEXT) TO INCORPORATE A STATEMENT THAT THE ANCHOR TENANT OF THE AREA SOUTH OF RAILROAD AVENUE BETWEEN "P" AND "L" STREETS SHALL NOT BE A SUPERMARKET WAS ADOPTED AND DIRECTED THAT THE NEGATIVE DECLARATION BE FILED WITH THE ALAMEDA COUNTY CLERK. The second item is an amendment to the Circulation Element (Map & Text) designating "pit Street between First and Fourth Streets as a major street. It was noted that Cm Kamena and Staley would abstain from the discussion and vote on this item due to a^conflict~t ipterest. . (Joh...f"IAJ ~/ {!.t.lu::{!iub The Planning Director explained that "Lit and Livermore Averlue are both designated as Major Streets and this action is simply to conform lip" Street with the other downtown streets. There were no public comments from the audience, nor written comments received. CM DAHLBACKA MOVED TO ACCEPT THE PLANNING COMMISSION RECOMMENDATION AS STATED IN ITEM 2 OF THEIR RESOLUTION 44-78, AND DIRECT THAT THE NEGATIVE DECLARATION BE FILED WITH THE ALAMEDA COUNTY CLERK. SECONDED BY MAYOR TURNER. MOTION PASSED 3-2, CM KAMENA AND STALEY ABSTAINING. The third item is a Land Use Element amendment (Map & Text) to designate the area located at the northwest corner of First St. and Portola Avenue as Service Commercial instead of the existing Urban Low-Medium Residential designation. An Environmental Impact Report was prepared. CM-35-277 June 26, 1978 (P.H. Gen. Plan Amendment - Con't) The Planning Director pointed out to the Council that they basically have three choices on this item: 1) The Planning Commission is recommending to retain the entire triangle with residential at three units per acre; 2) The staff is recommend- ing that the eastern tip, 4~ acres, be designated as Commercial Service; and 3) The owner/representative suggestion to extend Commercial Service along First Street with a depth of about 250 feet. _J The Planning Director also pointed out that the EIR has been corrected to show that traffic and noise are the significant effects which can be mitigated. James Warden, Attorney for the homeowners in the area, requested that this item be continued for three weeks so that he could meet further with the homeowners and gather the necessary input needed to represent them. The City Attorney advised the Council that this decision was at their discretion and it was consensus of the Council to hear more from the audience before making this decision. Rich Buckley, 620 Hayes Avenue, commented that he felt there had been reasonable public notice on this matter and requested that the Council move forward with the hearing. Earl Mason, representative for the applicant, began to explain his presentation to the Council when Cm Dahlbacka suggested that this presentation be delayed until it was decided whether or not the matter would be continued. It was em Dahlbacka's opinion that the continuance request was a reasonable one and since the homeowners attorney indicated that they are willing to negotiate maybe some of the conflicting points could be settled to the satisfaction of all involved. John Williams, representing Ensign Bickford Realty Corporation, owner of the property, stated that it would be very beneficial to them if the pUblic hearing was allowed to continue this evening so that they can define some of the problems involved and decide how far they can go in solving some of them. Earl Mason, representing the residential development applicant, felt as Mr. Williams in that the people involved need to know the exact problems so they too can be working on them. Clarence Hoenig, 588 Tyler, commented that he is disappointed that it is necessary for homeowners to retain private counsel in such cases, that the owner of this property knew it was zoned low medium residential when he bought it and in asking for re- zoning he stands to make a large profit. Mr. Hoenig felt that since the homeowners are going to the expense of private counsel trying to defend their views, that the Council should allow them time and that it should not be discussed further at this meeting. Joseph Irvine, representing the owner of the tip of the triangle, 24,000 sq. ft., stated that the owner, Mr. Price, bought the property as Commercial property and not as residential. The property was rezoned when Standard Oil removed their station in 1971, and that there will be no profit to Mr. Price on this piece of property. CM-35-278 June 26, 1978 (P.H. Gen. Plan Amendment - Con't) '-- Rich Buckley pointed out that all of the owners, attorneys involved, and developers and homeowners are in attendance this evening to ratify anything and that the property along First Street was purchased as Commercial and they are willing to negotiate on all points except making that area residential. Chuck Dunn, 1814 First Street, stated that he is not in agreement to continue this item since it has already been continued twice by the Planning Commission and that the home- owners have known about this hearing for some time and the fact that they just hired an attorney should not be reason to delay the matter any further. Carrie Alexander, 338 Scott Street, spoke for the homeowners saying that they were unable to obtain an attorney in Livermore because it seemed they were all involved somehow with this project and that accounts for the fact that the homeowners just now obtained legal counsel. The Mayor reminded the Council that the question before them is whether or not to continue the hearing for three weeks or to hear it this evening. CM DAHLBACKA MOVED TO CONTINUE THE HEARING FOR THREE WEEKS. MOTION FAILED FOR LACK OF A SECOND. Earl Mason, Civil Engineer representing the residential developer, showed the Council and audience the map as sub- mitted. He pointed out that it is different from the one presented to the planning Commission since one of the con- cerns of the homeowners was a street they had running from portola and connecting to Murphy. That access has been deleted and now shows a "horseshoe" type street into the development. A green strip boarding the back of the homes is a proposed 25 ft. strip that could be used as a landscape buffer. The developer has agreed to plant a row of trees in the strip and this strip will be offered to the home facing Scott Street at 25~ per square ft. If those owners are not interested in purchasing the extra 25 feet for their property, it will be offered to the new homeowners. Mr. Mason said it works out to approximately $325 per home to purchase the 25 feet based on a 50 ft. lot. The strip between the Com- mercial Service and residential is a sloped bank with 10 ft. elavation and will be maintained by the Commercial Service facing First Street. A 25 ft. set back has been agreed to on the west end at the buildings, added to the 65 ft. from the homes to the building, for a total of 90 ft. buffer space. John Williams, representing the owner of the property said they have met with citizens who live on Scott Street and that their main concern is that they would like some guarantee that the 21 lot subdivision would be used for residential. They fear at some later time a commercial business may come in and build another business. Mr. Williams said they are proposing to attach to the deed of sale or purchase contract another deed stipulating that the property could only be used for that purpose and that it would also give adjacent owners direct interest in enforcing this.requirement. Mayor Turner asked the City Attorney if this type of deed would be legal and hold up in California Courts. The City Attorney said it appears a deed of this type would be legal but that the City would not have direct interest in this type of transaction and could not enforce the deed restrictions. CM-35-279 June 26, 1978 (P . H . Gen. Plan Amendment - Cont'd) The City could not directly condition a General Plan amendment on the implementation of this type of private arrangement between the parties. R. Kuenning, 373 Scott Street, felt that people should be able to depend on the zoning of property when they purchase homes. He also spoke against strip zoning the area. ~// Mrs. Kuenning, 373 Scott Street, spoke regarding the noise problem from Codiroli Ford's public address system stating that she can hear it in her kitchen with the windows closed. Mayor Turner directed that the Zoning Administrator, Paul Curtis, investigate the reports of this noise nuisance and take necessary steps to see that the system is not so loud that it disturbes the residents of the area. Mrs. Kuenning went on to say that if the Council rezones this property for commercial use it is totaly disregarding the long time residents of that area, and that she thinks the whole area should remain rural residential. Don Burnham, 307 Scott Street, directed his comments to the traffic problems that may be caused by rezoning these two parcels to commercial. He felt that once the First Street overpass is com- pleted people will start using Scott Street for turning around instead of trying to cross the traffic on First. Earl Mason, speaking for Mr. Dunn, stated that he does not foresee any traffic hazards by the proposed commercial service in that Mr. Dunn has planned an ingress and egress on both First and Portola Streets and that when they are testing a car it would not be practical to take a prospective buyer through a neighbor with a 20 mph speed limit, but would rather take the car out to the free- way where its performance can really be demonstrated. Clarence Hoenig, 588 Tyler, stated that originally the Planning Commission and the City Council wanted to put all of the auto dealers out on portola and Livermore area so VOlkswagen established their business out there and has since gone out of business, Datsun is sitting out there alienated. Codiroli Ford somehow convinced the Council that First Street was the best location for them and now Dunn Chevrolet is locating in the same area. Mr. Hoenig said he felt this was bad planning. Barbara DeGra ia, 352 Scott Street, pleaded with the Council to let the area grow as it was originally planned - residential and took exception with Mr. Buckley's statement that they will not negotiate on the matter of not zoning parcel three for commercial. Dick Ryon, 1183 Glenwood Ct., a property owner in the area involved, encouraged the City to maintain the beauty and aesthetics and to look at the long term effects of this planning before making changes. Ayn Weiskamp, 1413 Lillian Street, suggested that in considering the buffer zone and the landscaping it should be taken into account that the area does not have a park and that maybe the area could be given some beauty with good planning of the buffer zone. Cm Ebert commented that in his view there were only two homes which would abutt the commercial area and the other homes would abutt residential properties and that even though the residents of the area would like to have the whole area residential the Council had to decide what is best for the whole community. CM-35-280 June 26, 1978 (P.H. Gen. Plan Amendment - Con't) Mrs. Keunning asked Rich Buckley if his development company does in fact own parcel three and Mr. Buckley stated that they have already put a lot of money into the area but that in fact the title on that property still rests with Ensign Bickford. Earl Mason responded to some of the concerns stating that the zoning of this property has not changed since most of the people bought into the area and that the tip of the triangle has been designated as Neighborhood Commercial for some 10 to 15 years. When Mr. Bickford agreed to annex this property and the 175 acres across the street part of the agreement was that residential would be on the back of the property and six acres on the corner would be Neighborhood Commercial. James Warden, Attorney for the homeowners, stated that the clearest way to determine if there will be an environmental impact on the area from commercial development is to look around at all the people concerned about the noise, traffic and lights problems and take this impact into account. There is no overriding public need for this particular site. RECESS Mayor Turner called for a five minute recess. The council meeting resumed with all members present. (P.H. Con't) The Councilmembers discussed their views on the matter. em Ebert felt that having the automobile dealers in the same general area is good planning as well as good for their businesses. Also he felt that the people are being offered enough guarantees that the parcel set aside for residential will never revert to Commercial with a recorded deed. Cm Dahlbacka commented that if you look at the area it is clear that originally when the homes were built the area was planned for residential and he would like to see that now, however, if that cannot be, then the restrictions and guarantees must be strong enough for the people involved to know that the present residential plans will be carried through and that Commercial will not be allowed some day in that parcel. Cm Staley said there is an immediate need to move the auto dealers out of downtown. He suggested that the General Plan amendment be made to allow Parcel 2 as Commercial Service, and retain Parcel 1 and 3 as residential. Rich Buckley stated that after discussing the buffering aspect with citizens involved they would be willing to widen the buffering strip to 50 ft. instead of 25 ft, and further set back the additional 65 ft. from that 50 ft. buffer. John Williams, representing the property owner, explained that if the Council does not approve parcel 1 and 3 as proposed then the agreement with the buyer will be null and void. He said they would of course attempt to negotiate new agreements. Cm Kamena questioned whether under the existing laws an amended tentative tract map could encompass more area than the original map. The City Attorney advised that under the subdivision map act this could be done, however, the problem lies with sewer allocations. We are already up to approximately 300 units which reaches the 2% growth rate allowed for this year. The other area could be included with the tentative map, but sewer allocations could not be approved. CM-35-281 June 26, 1978 (P.H. Gen. Plan Amendment - Con't) CM DAHLBACKA MOVED TO INSTRUCT THE STAFF TO PREPARE A GENERAL PLAN AMENDMENT TO DESIGNATE AREA #2 AS SERVICE COMMERCIAL AND REMAINDER TO RESIDENTIAL AND WHEN THE REZONING APPLICATION COMES BEFORE THE COUNCIL THAT A PUD SHOULD BE CONSIDERED. SECONDED BY CM STALEY. The discussion continued regarding zoning of the property, other possible uses, and the surrounding area. . ....-/ CM EBERT MOVED TO AMEND THE MOTION TO INCLUDE AREA #3 AS SERVICE COMMERCIAL. SECONDED BY MAYOR TURNER. AMENDMENT FAILED 2-3, MAYOR TURNER AND CM EBERT IN MINORITY. MAIN MOTION PASSED UNANIMOUSLY, EIR ACCEPTED.FOR FILING ALSO. The third item under the General Plan Amendments involved the area located within an area bounded by I-580, Las positas Road, and First Street as Service Commercial, Highway Commercial, Open Space and Urban Low-Medium Residential. An EIR has been prepared. The Planning Commission recommended change in Land Use as follows: 1) Open Space, that area of approximately 100 foot width along the Arroyo Seco (3+ acres); 2) Highway Commercial, that area north of the Arroyo Seco-(9+ acres); 3) Service Commercial, that area south of the Arroyo Seco (33 ~ acres). There were no public comments from the audience or written reports received by the City Clerk on this item. CM STALEY MOVED TO ADOPT THE PLANNING COMMISSION RECOMMENDATION, ACCEPT THE EIR AND ORDER IT FILED WITH ALAMEDA COUNTY. SECONDED BY CM DAHLBACKA. Discussion followed concerning traffic problems which can be mitigated. The Council asked for a staff report with recommendations. MOTION PASSED UNANIMOUSLY. The fourth and last item under the General Plan amendments proposed to designate the area commonly known as Pentecostal Bible College located at 1885 College Avenue at So. L Street from Community Facility to Residential Urban Low-Medium. A Negative Declaration has been prepared. The Planning Commission has recommended the Land Use be changed to Urban Low-Medium Residential (3 dwelling units per acre), and recom- mended that the Negative Declaration be filed with the County Clerk, noting that any development will be subject to conformance to the Ancestral Tree Ordinance. There were no public comments from the audience or written reports received by the City Clerk on this item. CM STALEY MOVED TO ADOPT THE PLANNING COMMISSION RECOMMENDATION, ACCEPT THE NEGATIVE DECLARATION AND ORDER IT FILED WITH THE ALAMEDA COUNTY CLERK. SECONDED BY eM DAHLBACKA AND PASSED UNANIMOUSLY. CM KAMENA MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY CM STALEY AND PASSED UNANIMOUSLY. ~. CM-35-282 June 26, 1978 AGENDA REORDER Due to the length of the public hearing and the late hour, the Council agreed to take items from the agenda in order of importance or items for which people in the audience were still waiting. CONSENT CALENDAR (Reso. re Interim City Manager) Due to the pending resignation of the City Manager, Mr. Parness, it is necessary to fill the position on an interim basis until a permanent replacement can be appointed. RESOLUTION NO. 169-78 A RESOLUTION APPOINTING INTERIM CITY MANAGER (George Nolan) (Resolutions - Confirm- ing Appointments) The following resolutions confirms action taken by Council at their meeting of June 19: RESOLUTION NO. 170-78 A RESOLUTION FOR APPOINTMENT TO THE HERITAGE PRESERVATION COMMISSION (Leslie Jensen and Robert Schoen) RESOLUTION NO. 171-78 A RESOLUTION FOR APPOINTMENT TO THE HOUSING AUTHORITY (Tenant Members) (Beverly Clymer and Stella Wall RESOLUTION NO. 172-78 A RESOLUTION FOR APPOINTMENT TO THE BOARD OF DIRECTORS OF THE HOUSING AUTHORITY (James W. Lyle) RESOLUTION NO. 173-78 A RESOLUTION FOR APPOINTMENT TO THE BEAUTIFICATION COMMITTEE (Joanne DeHart and Julia Estebrook) RESOLUTION NO. 174-78 A RESOLUTION FOR APPOINTMENT TO THE LIBRARY BOARD (Christine Sherman and Terry Fox) (Reso. re Annual Fund Transfers) In the 1977-78 fiscal year budget of the City certain fund transfers and expenditures are proposed to be made and in order that proper accounting for these funds may be provided for the Council must authorize and direct the Director of Finance to transfer funds in the books and records of the City. CM-35-283 June 26, 1978 (Consent Calendar Con't) RESOLUTION NO. 175-78 RESOLUTION AUTHORIZING AND DIRECTING TRANSFER OF FUNDS (Reso. "P" Street Median) The work on Project No. 74-17, South "P" Street median, has been completed. It is recommended that the City Council accept the project for maintenance. RESOLUTION NO. 176-78 A RESOLUTION AUTHORIZING ACCEPTANCE OF WORK AND AUTHORIZING AND DIRECTING THE RECORDING OF NOTICE OF COMPLETION RE SOUTH "P" STREET MEDIANS. (Reso. re Pacific Avenue) Pacific Avenue, in the area of the Multi-Service Center, has been used for several years as a public street. The City is currently improv- ing the street in conjunction with the Multi-Service Center project. A review of records and maps indicated that the street has not been formally dedicated to date. It is recommended that the Council adopt a resolution accepting Pacific Avenue for street purposes. RESOLUTION NO. 177-78 A RESOLUTION ACCEPTING PACIFIC AVENUE FOR STREET PURPOSES (Reso. re Excess Insurance) RESOLUTION NO. 178-78 A RESOLUTION AUTHORIZING PURCHASE OF WORKER'S COMPENSATION EXCESS INSURANCE POLICY (Reso. re CUP Fred Thede) RESOLUTION NO. 179-78 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (Automobile Repair Facility - Fred Thede) (Reso. re Tentative Map 4005) RESOLUTION NO. 180-78 A RESOLUTION APPROVING TENTATIVE SUBDIVISION MAP 4005 (Sunset Development Company) P.C. Summary of Action) The Planning Commission Summary of Action taken at the P.C. meeting of June 20, and their meeting minutes of June 6, 1978, were noted for filing. _..-/ Warrants & Payroll There were 139 warrants in the amount of $607,525.35, dated June 21, 1978, and approved by the Director of Finance. CM-35-284 June 26, 1978 CONSENT CALENDAR APPROVAL ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE THE CONSENT CALENDAR WAS APPROVED AS LISTED. COMMUNICATION - RE CITY PARK WATERING A letter was received from Brent Hales, 837 Leland Ct., vOlunteering to water one of the City parks during the summer as an Eagle Scout project. Dan Freitas, Parks & Trees, talked to Brent and it has now been agreed that Brent will remove dead roses from the rose bushes in Hansen Park. He will work one hour a day during the summer. The Council requested that a letter of thanks be sent to Brent for his volunteer work. COMMUNICATION - BART DIRECTOR A letter was received from Robert Allen, Bart Director, requesting that the Council reconsider their position taken on remote station staffing. The letter was noted for filing. RESO RE LAYOFF PROCEDURE ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED A RESOLUTION AMENDING PERSONNEL RULES RELATING TO LAYOFF PROCEDURE. RESOLUTION NO. 167-78 A RESOLUTION AMENDING PERSONNEL RULES AND REGULATIONS TO ADOPT LAYOFF PROCEDURE RESO. RE GRIEVANCE PRO- CEDURE ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, A RESOLUTION WAS ADOPTED AMENDING PERSONNEL RULES TO INCLUDE A GRIEVANCE PROCEDURE. RESOLUTION NO. 168-78 A RESOLUTION AMENDING PERSONNEL RULES AND REGULATIONS TO ADOPT GRIEVANCE PROCEDURE REPORT RE LAYOFFS It is anticipated that the City Council budget sessions will allow preparation of a layoff list by position classifications and department. City Personnel regulations require that the Council be notified 30 days prior to the effectuation. This item was noted for filing by the Council. C CETA LAYOFF POLICY The Personnel Director presented a report to the Council regarding Federal regulations and the retention of CETA employees. It was recommended that the City retain all of the CETA employees whose positions are not in violation of the lay-off provisions of the Department of Labor's rules and regulations. The Council noted the report for filing. CM-35-285 June 26, 1978 CUP APPEAL - DAY CARE CENTER In public hearing on June 6, 1978, the Planning Commission considered and conditionally approved a Conditional Use Permit to allow a Day Care Center at 359 Jensen Street for the care of 34 children or fewer as required by the Fire Department. On June 9, 1978, Ms. Jewell Ashworth, 336 Jensen Street, filed an appeal with the City Council stating that there is too much traffic on Jensen Street already and not enough parking to accommodate the customers coming to the nursery school. A letter was received from the Valley Christian Center stating that the original application was made in the names of Valley Christian Center and Ms. L. Thompson. Since that time the Valley Christian Center has determined not to apply for the conditional use permit as a corporate entity and that the application is being made in the name of Dr. Ward M. Tanneberg, Valley Christian Center, and the name of Ms. Thompson should be deleted. Bonnie Avella, 350 Jensen Street, stated that many people are picking up children at various times and that it does .create a traffic problem. Ms. Thompson, former owner, stated that the parents.are careful drivers and that no customers of the nursery park for any longer periods of time than it takes to drop off or pick up their children. Customers do not leave their cars parked there all day and workers in the center walk to work. CM STALEY MOVED TO ADOPT THE PLANNING COMMISSION RECOMMENDATION WITH THE EXCEPTION THAT THE LIMIT OF CHILDREN BE SET AT 24. SECONDED BY CM DAHLBACKA. Dr. Tanneberg stated that economically they need 34 children to break even in the operation and encouraged the Council to withdraw this motion. After discussion of the Planning Commission findings and the considera- tion of the Fire Department that the maximum number of children allowed is 30, it was the consensus of the Council to deny the appeal of Ms. Jewell Ashworth and adopt the Planning Commission recommendation. CM STALEY WITHDREW HIS MOTION. ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE APPEAL WAS DENIED. REPORT RE CITY AUDITING SERVICES The Finance Director reported that the City sent a request for proposals to 10 different firms and four responded regarding audit- ing services for the City and the Recreation Corporation. The low bid was received from Main Lafrentz & Co. in the amount of $7,250 per year for the City audit and $1,000 for the Livermore Recreation Corporation's books. Mr. Nolan reported that this firm's references have been checked with four other cities and they come highly recommended. RESOLUTION NO. 181-78 ----. A RESOLUTION AWARDING BID FOR AUDITING SERVICE (Main Lafrentz & Co) CM-35-286 June 26, 1978 (Re Auditing Services) ON MOTION OF CM KAMENA, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE THE FIRM OF MAIN LAFRENTZ & CO. WAS RETAINED FOR AUDITING SERVICES FOR THE CITY OF LIVERMORE AND THE RECREATION CORPORATION. PLANNING COMMISSION APPOINTMENT Interviews were conducted with the five people who have applied for the Planning Commission vacancy. The Councilmembers each expressed their preference as to the person they would most like to see appointed. Cm Dahlbacka nominated Janet Lopus; Cm Staley and Kamena nominated Helen Tirsell; Cm Ebert nominated Michael Burger; and Mayor Turner nominated Gurnam Sidhu. On the first vote no one applicant received sufficient votes for appointment. On the second vote Michael Burger won the appointment with Cm Kamena, Ebert and Mayor Turner voting in his favor. Janet Lopus was second choice with Cm Dahlbacka and Staley's votes. A resolution confirming this action will appear on the consent calendar for the next regular meeting. Mayor Turner pointed out that since Ray Brice resigned from the Commission today another vacancy exists. The Council requested that the City Clerk contact the people who applied for the vacancy filled this evening and to determine if they wish to be considered for the new vacancy and to advertise the new vacancy noting that interviews would be held in two weeks. TERMS OF PLANNING COMMISSIONERS Cm Kamena stated that he felt the problems which exist between the Planning Commission, an advisory body, and the City Council which sets pOlicy, need to be resolved and in order to settle these problems of support verses non-support we need to re-establish direction and priorities. He suggested that the three Commissioners remaining on the Commission as of 6:00 p.m. June 26, 1978, be permitted to reapply for the Planning Commission so that they can be reaffirmed or denied as potential commissioners. CM KAMENA MOVED THAT THE CITY COUNCIL DEMAND THE IMMEDIATE RESIGI- NATION OF THOSE THREE PLANNING COMMISSIONERS WHO ARE IN FACT MEMBERS OF THE PLANNING COMMISSION GIVING THEM THE RIGHT TO REAPPLY IN THE NORMAL FASHION IF THEY SO DESIRE. SECONDED BY CM EBERT. Cm Dahlbacka stated he felt that action of this type must be based on just cause and questioned em Kamena what he list&d as just cause. Cm Kamena commented that he was not aware that "just cause" is a requirement for such action and that he did not mention that in his motion and asked the City Attorney to speak to Cm Dahlbacka's question. The City Attorney reported that the ordinance is silent on the issue of removal of commissioners, and that there are no State cases to refer to for guide-lines. Where the ordinance specifies a fixed term it implies removal for "just cause". The opposite argument is where no removal procedure is specified so then the mode of removal would be the same as the mode of appointment - by majority of the Council. The City Council has the authority under General Law to provide for both the method of appointment and the method of removal. Cm Staley said he would be very disturbed if the Council adopted a policy which would in fact politize the City boards and Commissions. He felt the Planning Commission has been looking at the long range planning effects on the City. Cm Staley urged the Council to not support such action and stated that he could not support the motion. em Ebert stated that he felt very strongly about this issue and that lately the Council has consistently disagreed with the Planning Commission. If the Planning Commission does not reflect the view- CM-35-287 June 26, 1978 (Re Terms of Planning Commissioners) point of the Council, then it does not reflect the view-point of the voter since the voter puts in the Council and the Council puts in the Commissions. Clarence Hoenig, 588 Tyler, concurred that the Council has the right to take this action, however, objected to the process with which this is take place. He said he sees where one Councilmember has "bullied" the rest of the Council into this matter, and if they adopt this policy for the Planning Commission it will apply to all boards and commissions of the City and will destroy the confidence of volunteers. Mrs. M. Kuenning, 373 Scott Street, asked the Council not to demand the resignation of the Planning Commissioners and to keep in mind what constitutes a good planner. She suggested that a new Councilmember may not know what constitutes good planning and that a new member should sit and learn, broaden their background and grow before taking such action, and that the Planning Commission should never be a "rubber stamp" to the City Council. Citizens, Dick Christmas, Carrie Alexander, Sally Bystroff, Mary Ann Hannon, Ayn Weiskamp, Richard Shearer and Don Miller all spoke in opposition of the Council demanding the resignation of the three Planning Commissioners. em Dahlbacka stated that he was in total disagreement with the motion and that he felt it is completly out of line and if this motion passes, the Council is setting up a group of "yes" people on the Commission and will follow through on the other committees. Mayor Turner commented that he has felt there are problems with the Planning Commission lately and that he would hope that the three would reapply and allow the Council to reaffirm or deny their applications. Jim Hannon, no address given, suggested that the Council look at this issue in a more historical manner as to what has happened in the past. The Cuuncil and Commission have always disagreed on some matters, however, not to the degree to demand resignations. He pointed out that these Commissioners were appointed before some Councilmembers were elected but that they have their turn to appoint people of their choice now. Cm Ebert felt that the reason so many people in the audience are speaking against the motion is because most of those people have the Planning Commission agreeing with them on their particular issues and the Council going against them. Cm Kamena stated some of his reasons for making the motion. He felt the Planning Commission has not taken into consideration items which the Council set out as top priority and pointed out what he felt as unnecessary continuations such as the Lucky Shopping Center and suggested that there is internal turmoil within the Commission. MOTION FAILED 2-2, CM EBERT AND KAMENA IN MINORITY. ORD. ADOPTION RE FILING FEES/PREDEVELOPMENT ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, AN ORDINANCE WAS ADOPTED RELATING TO FILING FEES AND PRE- DEVELOPMENT FEES. CM-35-288 June 26, 1978 (Re Ord. Adoption) ORDINANCE NO. 953 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, RELATING TO ZONING, BY THE AMENDMENT OF SECTION 22.70, RELATING TO FILING FEES, AND THE REPEAL OF SECTIONS 22.71 THROUGH 22.77, RELATING TO PREDEVELOPMENT FEES; ALSO AMENDING SECTIONS 20.12 AND 20.21, RELATING TO SUBDIVISION MAP FEES, OF CHAPTER 20, RELATING TO SUBDIVISIONS, OF THE LIVERMORE CITY CODE, 1959. ORD. ADOPTION RE BUILDINGS ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, AN ORDINANCE WAS ADOPTED REGARDING BUILDINGS. ORDINANCE NO. 954 AN ORDINANCE AMENDING CHAPTER 6, RELATING TO BUILDINGS, BY THE ADDITION OF SECTION 6.2.4.1, RELATING TO SPECIAL PERMIT FEES, OF ARTICLE I, RELATING TO GENERAL PROVISIONS: BY THE AMENDMENT OF SECTION 6.38, RELATING TO APPLICATION, OF ARTICLE VII, RELATING TO REPORT OF RESIDENTIAL BUILD- ING RECORDS; BY THE AMENDMENT OF SECTIONS 6.46, RELATING TO PERMIT FEES, OF ARTICLE VIII, RELATING TO UNIFORM MECHANICAL CODE, AND 6.53, RELATING TO INSPECTION FEES, OF ARTICLE X, RELATING TO ENERGY CONSERVATION; AMENDING CHAPTER 8, RELATING TO ELECTRICITY, BY THE AMENDMENT OF SECTION 8.10, RELATING TO FEES; AMENDING CHAPTER 15, RELATING TO PLUMBING, BY THE AMENDMENT OF SECTION 15.10, RELATING TO FEES, ALL OF THE LIVERMORE CITY CODE, 1959. ORD. ADOPTION RE VARIOUS FEES/LICENSE ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, AN ORDINANCE WAS ADOPTED RELATING TO VARIOUS FEES AND LICENSE. ORDINANCE NO. 955 AN ORDINANCE AMENDING SECTIONS 6A.5, RELATING TO FEES, AND 6A.lO, RELATING TO CARD ROOM EMPLOYEES' WORK PERMIT FEES, OF CHAPTER 6A, RELATING TO CARD ROOMS; AMENDING SECTION 7A.5, RELATING TO APPLICATION FOR PERMIT, OF CHAPTER 7A, RELATING TO DANCES; AMENDING SECTION 12A.3, RELATING TO MASSAGE ESTABLISHMENT OR SERVICE PERMIT AND FEE, OF CHAPTER 12A, RELATING TO MASSAGE ESTABLISH- MENTS, OUTCALL MASSAGE SERVICES AND MASSEURS; AMENDING SECTION 17.2, RELATING TO APPLICATION FOR PERMIT, OF CHAPTER 17, RELATING TO POOLROOMS AND BILLIARD ROOMS; AMENDING SECTION 22.27, RELATING TO FEE, OF ARTICLE II, RELATING TO DRIVER'S PERMIT; OF CHAPTER 22, RELATING TO TAXICABS AND OTHER VEHICLES FOR HIRE; AMENDING SECTION 4.38, RELATING TO ANNUAL LICENSE FEE, OF ARTICLE IV, RELATING TO DOGS, OF CHAPTER 4, RELATING TO ANI~1ALS AND FOWL; ALL OF THE LIVERMORE CITY CODE, 1959. CM-35-289 June 26, 1978 ORD. ADOPTION RE VENDING MACHINES ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, AN ORDINANCE WAS ADOPTED RELATING TO RECREATION AND ENTER- TAINMENT AND VENDING MACHINES. ORDINANCE NO. 956 AN ORDINANCE AMENDING SECTION 12.23.5, RELATING TO RECREATION AND ENTERTAINMENT, AND AMENDING SECTION 12.25.1, RELATING TO VENDING MACHINES, BOTH OF CHAPTER 12, RELATING TO LICENSES OF THE LIVERMORE CITY CODE, 1959. ORD ADOPTION RE TRANSIENT OCCUPANCY TAX CM STALEY MOVED TO ADOPT AN ORDINANCE RELATING TO TRANSIENT OCCUPANCY TAX IN THE AMOUNT OF 10% OF THE RENT CHARGED BY THE OPERATOR. SECONDED BY CM DAHLBACKA. MOTION PASSED 3-2, CM EBERT AND KAMENA DISSENTING. ORDINANCE NO. 957 AN ORDINANCE AMENDING SECTION 21.85, RELATING TO IMPOSITION OF TAX, OF ARTICLE V, RELATING TO HOTEL TRANSIENT OCCUPANCY TAX, OF CHAPTER 21, RELATING TO TAXATION, OF THE LIVERMORE CITY CODE, 1959. ORD. ADOpr. RE FAST FOOD RESTAURANTS CM DAHLBACKA MOVED TO ADOPT AN ORDINANCE RELATING TO TAX ON FAST FOOD RESTAURANTS IN THE AMOUNT OF $10.00 LICENSE FEE FOR EACH $1,000 GROSS RECEIPTS. SECONDED BY CM STALEY. John Scotriano of John's Hamburgers on First Street, objected to the raise in tax from .80 per $1,000 gross receipts to $10.00 per $1,000 gross receipts and to Cm Kamena's comments that fast food places create a traffic problem. He felt that the Council is discriminating against fast food places. Discussion among the Council continued on this issue and Cm Dahlbacka explained how the $10.00 figure was determined since fast food places sell food which is consumed off the premises and creates a general litter condition in the City and the extra police surviellance required. Mr. Scotriano explained that fast food places like Jack-In-The-Box have their own sercuity. At the conclusion of the discussion the Council agreed that $10.00 seems higher than is needed for this type of business and the amount of $2.40 was determined to be a fair tax to levy on these businesses. CM DAHLBACKA MOVED TO RE-INTRODUCE THE ORDINANCE AND AMEND THE MOTION TO READ IN THE AMOUNT OF $2.40 LICENSE FEE FOR EACH $1,000 OF GROSS RECEIPTS. SECONDED BY CM STALEY AND PASSED UNANIMOUSLY. THE ORDINANCE WAS READ AND RE-INTRODUCED BY TITLE ONLY. CM-35-290 June 26, 1978 MOTION TO RECONSIDER RE GP AMENDMENT OF FIRST & PORTOLA CM KAMENA MOVED TO RECONSIDER THE LAND USE GENERAL PLAN AMENDMENT REGARDING AREAS 1, 2 AND 3 AT FIRST AND PORTOLA AND TO ACCEPT THE PLAN AS SUBMITTED FOR AREA #1 FOR RESIDENTIAL USE; AREA #2 AS SERVICE COMMERCIAL; AND AREA #3 AS SERVICE COMMERCIAL. SECONDED BY CM EBERT. After some discussion between Council and staff, Cm Kamena withqrew his motion. ADJOURNMENT Due to the late hour no further business was discussed and Mayor Turner adjourned the meeting at 1:45 a.m. to Tuesday, June 27, 1978, to be held in the City Hall Conference Room, 2250 First Street, Livermore, a ~O p.m. APPROVE ATTEST Adjourned Regular Meeting of June 27, 1978 An adjourned regular meeting of the City Council of the City of Livermore was held on Tuesday, June 27, 1978, at 6:00 p.m. in the Conference Room, City Hall, 2250 First Street, Livermore, California. The meeting was called to order by Mayor Turner. ROLL CALL Present: Absent: Cm Ebert, Staley and Mayor Turner Cm Dahlbacka and Kamena SEWER SERVICE CHARGE-1978 The present basic rate is $4.80 per month to fund our water reclama- tion plant, with Livermore's share of the LAVWMA pipeline contribu- tion to be approximately $1.82 per month. The Acting City Manager recommends a total of $6.80 as the fee for 1978-79 fiscal year. ON MOTION OF CM EBERT, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, A RESOLUTION WAS ADOPTED SETTING THE SEWER SERVICE CHARGE FOR 1978. RESOLUTION NO. 182-78 A RESOLUTION ESTABLISHING RATE OF SEWER SERVICE AND USE CHARGE , l....;-- BID - WRP SUPPLIES Bids have been received for the chemicals used for water treatment at the water reclamation plant for the 1978-79 fiscal year. The purchasing Agent recommends award to the low bidders as follows: McKesson Chemical for chlorine in the amount of $35,026.00 and Stauffer Chemical for alum in the amount of $13,651.20. ON MOTION OF CM STALEY, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, THE BID WAS AWARDED AS RECOMMENDED. CM-35-291 June 27, 1978 Bids - Con't RESOLUTION NO. 183-78 A RESOLUTION AWARDING BIDS (McKesson Chemical & Stauffer Chemical) REPORT - MULTI-SERVICE CENTER CHANGE ORDER Ed Schilling, Assistant to the City Manager, reported that a deletion from the contract made at the time of award of bid which involved carpeting and resilient floor covering, must now be resolved since the building is nearing completion. The options are a medium brown sheared carpeting installed in the open and private offices with resilient flooring and vinyl base in the kitchen and cafeteria at a total cost of $12,249.88; the second option is a gray-tan quarry tile substituted in the entrance and high traffic corridor areas, with a resultant reduced replacement and maintenance cost of $14,824.06. It is recommend that the second option be approved, the long-wearing and more rugged qualities of the quarry tile will be reflected in reduced replacement and maintenance costs in high traffic areas. There is an amount in the construction contingency fund to cover the increased cost. ON MOTION OF CM STALEY, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, OPTION #2 WAS APPROVED WITH INSTRUCTION THAT A CHANGE ORDER BE PREPARED. RESOLUTION NO. 184-78 A RESOLUTION APPROVING CHANGE ORDER (Paxton Construction Company) CM DAHLBACKA WAS SEATED AT THIS TIME. DAMAGE CLAIM LARPD - VETERANS BUILDING A claim is pending against the City by LARPD regarding work done by a contractor, Project 75-36 which involved the storm drain along Fifth Street from So."M" to So. "KII Street. During the work the contractor's workers apparently severed a sewer line serving the Veteran's Memorial Building resulting in damages of $2,117.87. It is recommend that the City immediately pay the LARPD the $2,117.87 cost of damages and pro- ceed to recover the amount from the contractor's insurance carrier. ON MOTION OF CM STALEY, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, THE COUNCIL AUTHORIZED PAYMENT TO LARPD AND DIRECTED THE CITY ATTORNEY TO PROCEED WITH RECOVERY OF THE AMOUNT FROM THE CONTRACTOR'S INSURANCE CARRIER. (e,... I(AMtNA W .~s SLA--h.o At 1h;~ +iMt) ~, rldj~i:v. LAS POSITAS GOLF COURSE - FEE CHANGE The Greens Committee has recommended an adjustment of the Las positas Golf Course greens fees to become effective July 1. This report and recommendation was presented to the Council and it was their decision to adopt the recommended course of action. CM-35-292 June 27, 1978 (Golf Fee Change - Con't) ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE THE STAFF RECOMMENDATION WAS ADOPTED. RESOLUTION NO. 185-78 A RESOLUTION ADJUSTING GREEN FEES AT LAS POSITAS GOLF COURSE ADJOURNMENT There being no further business to come before the Council, the ::::: adjourned at 6 ~_ Mayor ~ ----~-e1-- ATTEST Regular Meeting of July 10, 1978 A regular meeting of the Livermore City Council was held on July 10, 1978, 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: Absent: Cm Dahlbacka, Ebert, Kamena, Staley and Mayor Turner None PLEDGE OF ALLEGIANCE Mayor Turner led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. MINUTES - 5/22/78 CM STALEY MOVED TO APPROVE THE MINUTES OF MAY 22, 1978, SECONDED BY CM DAHLBACKA. Cm Dahlbacka requested that one correction be made on page 231, 12th line, to read: MOTION PASSED, 4-0, CM DAHLBACKA ABSTAINED DUE TO POTENTIAL CONFLICT OF INTEREST. MOTION PASSED UNANIMOUSLY NOTING CORRECTION. CM-35-293 July 10, 1978 OPEN FORUM Rich Fletcher, 207 Pine Street, commented that he would like to see the issue of old lots of record cleared up since most of the people he has talked to tell him that those lots do not have a sewer allocation. COMMUNICATION. - RAY BRICE A letter of resignation was received from Ray Brice, a Planning Commissioner of two years, stating that he no longer wishes to serve on the Commission. The resignation was accepted with direction to send a letter of appreciation. COMMUNICATION - CLARENCE HOENIG A letter from Clarence Hoenig had been received stating that he would no longer serve on the Housing Authority and the Housing Task Force due to the Council's intention to ask three members of the Planning Commission to resign. His letter stated that he felt such action would reduce commission appointment to the "Spoils System" which historically has been shown to foster degen- erate government which represents special interest groups and not the people. Due to the fact that Mr. Hoenig had been on vacation and did not realize that the Council did not recall the Planning Commission, upon his return a letter was received from him requesting that he be reinstated on the Housing Authority and Housing Task Force. CM DAHLBACKA MOVED TO ACCEPT MR. HOENIG'S REQUEST TO BE REINSTATED ON THE BOARDS, SECONDED BY CM STALEY. Cm Ebert stated that he and Mr. Hoenig had very different views and he would accept his resignation with thanks. em Kamena commended Mr. Hoenig for his work on the Boards as well as past volunteer work. Since Mr. Hoenig was in the audience Cm Kamena asked him to explain why he felt he could not serve on a board or commission when there is a problem with another body. Mr. Hoenig stated that he feels commission appointments need to be made in such a manner that people who accept the appointments can still feel free to critize their government if they need to. Cm Staley commended Mr. Hoenig for his outstanding service to this community and commented that he feels appointments should be made on the basis of genuine interest and those who are willing to work and not on their political views. em Ebert stated that he is not that impressed with hard work and good intentions alone if the people are going in an opposite direction of mind. MOTION PASSED 4-1, CM EBERT DISSENTING. COMMUNICATION - VALLEY VOLUNTEER BUREAU A letter was received from the Valley Volunteer Bureau regarding volunteers, their use, need for training, supervision, and offer- ing to conduct workshops and assistance in recruiting appropriate people. The letter was referred to Barbara Hempill to work with the Bureau if volunteer help is necessary. CM-35-294 July 10, 1978 LIBRARY HOURS Notification was received from the Library Board that the library will be open a total of 59 hours per week beginning July 17, due to the cut in staff. Hours will be 9:00 a.m. to 9:00 p.m. for Monday through Wednesday; 9:00 a.m. to 6:00 p.m. for Thursday and Friday; and 1:00 p.m. to 6:00 p.m. on Saturday. The Council was advised that in case it is noted that better hours can be worked out at a later time, the schedule will be changed. The Council noted the item for filing with the request that the public be advised of these new hours by whatever means available. ECHO WEATHERIZATION PROGRAM A progress report was received from ECHO regarding the weatherization program. A lengthy discussion followed as to whether or not the Council felt the program is worthy of continuing funds. The Council generally agreed that the progress has not been what they expected. In conclusion the Council requested that the Director of ECHO work with Barbara Hempill and report to the Council within two weeks as to reasons why they feel the Council should not cancel the program. UNIFIED SCHOOL DISTRICT ORDINANCE ADOPTION REQUEST A letter has been received from Mr. Leo R. Croce, Superintendent, Unified School District requesting that an ordinance be adopted to conform to recent legislation, regarding subdividers, dedication of land or fees, or both, for school classrooms, where overcrowding exists. It was the consensus of the Council to refer this matter to the legal staff for a report. REQUEST - BUCKLEY-BOWMAN REALTY A request has been received from Buckley-Bowman Realty concerning 25 acres located on Pleasant View Lane outside the City limits. Mayor Turner commented that it has been the Council's position in the past that sewer hook-ups will not be considered for property out- side the limits until such time as they go through an annexation process and like anyone else get in line under the proposed Resi- dential Development Policy for sewer hook-up permits. Mayor Turner stated that he holds to that position. Cm Staley said he holds to that position also, however, feels that there are many things to be considered on this request such as the area itself is rapidly developing as a suburban area on the fringes of the City and the problem of providing police and fire protection. The Board of Supervisors has virtually approved five acre parcels with septic tanks and if the City does not become involved we will have a small city in that area with no services. It was suggested that the matter go to the Planning Commission to find out if there is a way to develop a rural residential policy which would allow us to encompass this area. Cm Dahlbacka agreed with Cm Staley's state- ments. Cm Ebert did agree with Cm Staley's statements, but stated that he felt the request was cold and demanding. CM-35-295 July 10, 1978 (Re Buckley-Bowman Request) em Kamena wondered if the applicant was aware of the fact that more than 900 permits have already been applied for and since it is a first come first serve basis, does he realize where this puts him in line. Earl Mason, Civil Engineer working with the applicant, stated that the purpose in their request or letter was to try to get the Council's general reception on this request before spending months of time when maybe in reality the Council would be totally against the project. Mr. Mason stated that there was no attempt to hit the Council cold with the request, but since they had spent so much time with the County on the matter and it is still not resolved, they felt it would be better to see first if the Council is even at all interested in discussing this project. Mayor Turner noted that he could see even more clearly why this matter should be referred to the P.C. since the first decision is if annexation will or will not be considered. Mr. Mason commented that the property is set out in the County General Plan as one unit per acre whereas they are proposing one unit per five acres. He explained that they did not feel it fair to annex and ask for three units per acre because major improvements are then required and since there are many existing homes there and major streets would take up the entire front yards. Mr. Mason continued to say since referral to the Planning Commission in the past resulted in denial because of the use of septic tanks, that hopefully they would be receptive to public utilities. Cm Ebert stated that the concensus of the Council is in favor of rural residential development and this should be made clear to the Planning Commission. Mayor Turner agreed. Don Miller, 2862 Waverley Way, added that the Planning Commission has for many years been interested in a rural residential policy. REQUEST - LARPD A request was received from LARPD on park watering and Dial- a-Ride Programs. George Nolan, Acting City Manager suggested paying the irrigation water bills for the Livermore Area Recreation and Park District on an interim basis, or a loan could be executed not to exceed $2500, LARPD to reimburse the city at a later date if at all possible. CM KAMENA MOVED THAT THE CITY LOAN A MAXIMUM OF $3500 TO LARPD, SPECIFICALLY TO WATER 13 NEIGHBORHOOD PARKS, SECONDED BY CM STALEY. MOTION PASSED UNANIMOUSLY. LARPD also requested assistance with the Dial-a-Ride program. em Kamena suggested seeking the County's approval to tranfer taxi credit funds of $789 to the Dial-a-Ride Program. If this can't be done the City should pay the gasoline bill of the vehicle, approxi- mately $176 a month. Cm Staley suggested loaning the money to LARPD with the understanding that it doesn't have to be repaid unless there's a call on that fund from Alameda County. CM KAMENA WITHDREW HIS SUGGESTION AND MOVED THAT THE MONEY BE TRANS- FERRED TO THE DIAL-A-RIDE PROGRAM UNTIL A DEMAND IS MADE, SECONDED BY CM STALEY. MOTION PASSED UNANIMOUSLY CM-35-296 July 10, 1978 COMMUNICATION - CITY OF PLEASANTON AND DUBLIN SAN RAMON SERVICES DISTRICT A letter was received concerning a fire services consolidation study. CM EBERT MOVED THAT THE MATTER BE REFERRED TO STAFF AND A REPORT TO BE PREPARED BY SEPT. 30, 1978. MOTION SECONDED BY KAMENA AND PASSED UNANIMOUSLY. CITY MANAGER'S REPORT Mr. Parness was absent from this meeting so George Nolan, Acting City Manager, gave the report. The street work on Pacific Avenue in front of the Multi-Service Center is complete. The Park and Tree Division has received some requests for tree trimming on a fee basis. The Library Board has set a fee for the meeting room of $10 for 4 hours and $20 for more than 4 hours. They also will be studying the possibility of charges for out-of-town borrowers. The five buses for the Livermore bus system will arrive around the 17th of July with service to begin about July 31st. The Livermore Police Department has arrested 3 groups of burglary suspects, this being accomplished due to alert citizen partici- pation. Milt Wolley of Horizons has resigned as of July 7 and Nancy Friedman is the Interim Supervising Counselor. The County will fund the program at least through July 31st. CETA project Round 4 proposals will be sent to the Council around Sept. 1, concerning funding up to $300,000, the County recommending that the city's share be 60%. RECESS Mayor Turner called for a short recess. The council meeting resumed with all members present. TENTATIVE TRACT 3760 Howard Neis, Planning Director, presented the request made by Associated Professions for W. G. Wagoner for 236 lots, 50 permits to be received now and waivers to be signed on the remainder of the lots. He stated a letter has been received from the School District indicating that Livermore High School is at capacity and that the district has established a fee for each residential unit of which the applicant should be notified. He also stated that nothing has been done on the low and moderate income housing provision. Keith Fraser, 2109 4th St., representing the applicant, said that the applicant would deposit $570 per lot to be held until needed by the school district or refunded. Cm Dahlbacka stated his concern about uniform application of a fee to all development people and whether the fees should be applied community wide. CM-35-297 July 10, 1978 (Re Tentative Tract 3760) Cm Staley added that the Council only required a letter from the School District saying whether there are facilities in the classroom or not. The fee is entirely determined by the school district and the School Board, not the City. Gary Rein8rsJ City Attorney, commented that the language of the ordinance is that the Livermore School District has stated that adequate facilities are present or will be present within a reason- able time to serve the subdivision. Gail Sidhu, School Board member, explained that the problem is that one subdivison may not need a fee but the next one will. She added that The School Board used to plan about .60 students per house but that has dropped to .25. Keith Fraser asked for approval of all 236 lots, since it is not economically feasible to go ahead on a smaller basis. He added that they've accepted the city engineering recommendations and will accept any suggestions concerning the low cost housing item. Gary Reiners noted that all the City needs to give approval to a tentative subdivision map is a statement from the School District that facilities are or can be available. In reply to a question from Cm Kamena, he added that the conditions of waiver are that any final map to be filed on this tentative subdivision will consist of 50 or fewer contiguous lots until RDP approval is given for an additional number. He also added that duplexes are allowed in RS-3 zoning as conditional uses. Mayor Turner stated he'd like to see the builder put up money to further develop Big Trees Park in lieu of dedicating additional land for parks. Earl Mason, civil engineer, stated that the city has a substantial fund for park development already and suggested the applicant dedi- cate the required 4~ acres for which these funds could be used. Gary Reiners added that in-lieu fees are restricted to park purposes. Dan Lee, Public Works Director, discussed the later establishment of a Benefit District to provide 2-lane access easterly from the subdivision to Vasco Rd. Gary Reiners noted that there could be a problem with the General Plan's specific requirement of 3 units per acre. Earl Mason stated that he felt the present needs would be met by the suggested 3 duplexes even though that would be 6% over the maximum density limit. eM. STALEY MOVED TO APPROVE THE TENTATIVE TRACT MAP 3760, AS SUBMITTED SUBJECT TO ALL ENGINEERING CONDITIONS, SCHOOL LETTER, PAY FEES, EIR APPROVAL, 3 DUPLEX LOTS, 50 FROM SEWER ALLOCATION FOR RESIDENTIAL, 3 FROM L/M INCOME HOUSING CONNECTIONS, AND SUBJECT TO CONTRACT WAIVER SIGNING. KAMENA SECONDED AND THE MOTION PASSED UNANIMOUSLY. Lyn Thomson, 1457 3rd St., League of Women Voters, expressed the League's concern with low-cost housing and in-lieu fees. BENEFIT DISTRICT REPORT This item was continued for one week. CM-35-298 RESOLUTION NO. 186-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Eden Council for Hope and Opportunity) I July 10, 1978 HOUSING TASK FORCE RECOMMENDATION A recommendation has been received from the Housing Task Force on Critical Elements of a Low-Moderate Income Housing Program. MAYOR TURNER MOVED TO ADOPT THE RECOMMENDATION INCLUDING THE BUDGET AS SUBMITTED. MOTION SECONDED BY STALEY AND UNANIMOUSLY PASSED. (See.. II'JSL.e..l,) Ed Schilling added that the only area where staff differs with the recommendation of the Task Force is with respect to approx- imately $5,000 for surveys. He recommended that money be reserved until an actual survey need and program is identified at which time they would bring it to the Council. SEWER ALLOCATION POLICY The Planning Commission requested clarification regarding the timing of building permits and staff cuts resulting from Proposition 13. Mayor Turner answered that the City would pursue it's 2% growth rate and that there would be no staff cutbacks. Discussion followed regarding sewer allocation for single lots of record. LOTS OF RECORD PRIORITY APPROVAL - 1978 A lengthy discussion followed regarding the maximum number of housing units and priority approval for 1978. Communication from the Planning Commission set the number at 332 building permits. Gary Reiners, City Attorney, stated the number of housing units is based on 2% of the present population in a calendar year. Cm. Staley suggested allowing 300 for tracts and reserve the rest for addition to tract maps and approving lots of record. Earl Mason, Civil Engineer, added that you can't take out a building permit until after you record the final map. Gary Reiners commented that it would be awkward to monitor 2% at the building permit stage. The item was then referred to staff for further study. POLICE RADIO ANTENNA RELOCATION Staff recommendations were reviewed regarding bids received for Police radio antenna relocation. CM KAMENA MOVED TO AUTHORIZE THE STAFF TO NEGOTIATE CHANGE ORDERS TO EFFECT THE DESIGN REVIEW'S COMMENTS. MOTION PASSED 3-2, MAYOR TURNER DISSENTING AND CM EBERT ABSTAINING. MOTION WAS MADE BY CM EBERT TO CONTINUE TO 11:45, SECONDED BY CM STALEY AND PASSED UNANIMOUSLY. RESOLUTION NO. 187-78 A RESOLUTION AWARDING BID (Western Communications & Tower) CM-35-299 I July 10, 1978 SANITARY SEWER RELOCATION A recommendation was received from staff to authorize the Engineering Department to call for bids on the South "J" Street Sanitary Sewer Reconstruction (Fifth to College). CM STALEY MOVED TO AUTHORIZE A CALL FOR BIDS ON THE SANITARY SEWER RELOCATION, SECONDED BY CM DAHLBACKA. MOTION PASSED 4-1, TURNER DISSENTING. FPPC LAWSUIT A report was received from the City Attorney concerning the proposed lawsuit against FPPC regarding valuation of passes. CM EBERT MOVED TO ALLOCATE NOT MORE THAN $100 TO OPPOSE THE FPPC OPINION. MOTION WAS SECONDED BY CM STALEY AND PASSED UNANIMOUSLY. CONSENT CALENDAR Reso. - Claims Rejections RESOLUTION NO. 188-78 A RESOLUTION REJECTING THE CLAIM OF FRANKLIN HARVEY DEMAN (For damages of $50,000) RESOLUTION NO. 189-78 A RESOLUTION REJECTING THE CLAIM OF TIMOTHY DALE ROBERTS. (For damages of $50,000) Reso. re Acting City Manager and his salary RESOLUTION NO. 190-78 A RESOLUTION APPOINTING AN ACTING CITY MANAGER AND ESTABLISHING A SALARY FOR ACTING AND INTERIM CITY MANAGER. (George Nolan) Reso. - Authorizing Signatures RESOLUTION NO. 191-78 A RESOLUTION AUTHORIZING FEDERAL SURPLUS ACQUISITION (George H. Nolan - Jean F. Tucker) Reso. - Emergency Services Officials With the appointment on an acting and interim City Manager, his signature must be on file. RESOLUTION NO. 192-78 A RESOLUTION DESIGNATING LOCAL OFFICIALS TO ACT FOR LOCAL JURISDICTIONS IN OBTAINING FUNDS FOR EMERGENCY SERVICES. Warrants & Payroll There were 102 warrants in the amount of $128,197.88 and 347 payroll warrants in the amount of $129,815.60 for a total of $258,013.48, dated June 28, 1978; there were 2 warrants in the amount of $2,614.53, dated June 30, 1978; there were 7 warrants in the amount of $59,193.31, dated July 5, 1978; all approved by the City Manager. CM-35-300 July 10, 1978 CONSENT CALENDAR APPROVAL ON MOTION OF CM KAMENA, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE THE CONSENT CALENDAR WAS APPROVED AS LISTED. ORD. ADOPTION RE FAST FOOD RESTAURANTS CM STALEY MOVED TO ADOPT AN ORDINANCE RELATING TO TAX ON FAST FOOD RESTAURANTS IN THE AMOUNT OF $2.40 LICENCE FEE FOR EACH $1,000 OF GROSS RECEIPTS. SECONDED BY MAYOR TURNER AND PASSED 4-1, CM KAMENA DISSENTING. ORDINANCE NO. 958 AN ORDINANCE AMENDING CHAPTER 12, RELATING TO LICENSES, OF THE LIVERMORE CITY CODE, 1959, BY THE ADDITION OF SUBSECTION 12.23(f) THERETO, RELATING TO BUSINESS LICENSE TAX ON FAST FOOD RESTAURANTS. ORD. ADOPTION RE RESIDENTIAL BUILDING FEE CM STALEY MOVED TO ADOPT AN ORDINANCE AMENDING THE MUNICIPAL CODE REGARDING RESIDENTIAL BUILDING FEES, BASED ON COST OF CONSTRUCTION PER SQUARE FOOT. MOTION SECONDED BY MAYOR TURNER AND PASSED UNANIMOUSLY. ORDINANCE NO. 959 AN ORDINANCE AMENDING CHAPTER 12, RELATING TO LICENSES, BY THE AMENDMENT OF SECTIONS 12.50 RELATING TO FINDING; 12.51, RELATING TO DEFINI- TIONS; 12.52, RELATING TO IMPOSITION OF TAX; RATE; DUE DATE; COMPUTATION; DELINQUENCY; 12.55, RELATING TO TAX LIABILITY AND ENFORCEMENT; BY THE REPEAL OF SECTION 12.58, RELATING TO DISPOSITION OF TAX; AND BY THE AMENDMENT OF SECTION 12.59, RELATING TO OPERATIVE DATE, ALL OF ARTICLE II, RELATING TO SPECIAL LICENSES, OF THE LIVERMORE CITY CODE, 1959. MATTERS INITIATED BY COUNCILMEMBERS It was the general consensus of the Council to accept Planning Commission applications for the vacancy until Friday, July 14, 1978 and to conduct interviews on Monday, July 17, 1978 beginning at 6:30 p.m. Cm. Ebert request a discussion of Ordinance 935 regarding campaign contributions, to be placed on the agenda sometime in October. Cm. Dahlbacka announced that he will be gone from Aug. 5 through perhaps Aug. 28th on business and vacation travel. Cm. Staley requested a reconsideration of the question of density, to be discussed by the Planning Commission. He also requested a report on in-lieu fees from the Housing Authority and/or the Housing Task Force as to what their recommendations as to amount and future dispersal. Mayor Turner requested an item on Park development, neighborhood and community parks, to be placed on the agenda. He added that he had received a letter from Mr. Tiecke of Calif. Water Service regarding an existing water line on North Front Road and would give the letter to Mr. Lee for response. Mayor Turner also requested a fine schedule from the pound for repeating offenders. CM-35-301 July 10, 1978 ADJOURNMENT There being no further business to come before the Council, the meeting :::R:::ourned at ll:50 to an e~o~ Ai"rEST ())}~ ~~r{~~ L' e~re, California Special Meeting - July 14, 1978 A special meeting of the City Council was called by Mayor Turner for Friday, July 14, 1978, at 5:50 p.m. at the City Hall Conference Room, 2250 First St. The purpose of the meeting was to set a hearing for the consideration of Conditional Use and Planned unit Development permits for an auto agency at t~e corner of portola Ave. and First Street. Present: Cm Dahlbacka, Ebert, Kamena, Staley and Mayor Turner Absent: None A discussion was held regarding the date to hold a Public Hearing for this consideration. ON MOTION OF CM STALEY, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE A PUBLIC HEARING WAS SET FOR THURSDAY, JULY 26, 1978, AT 12 NOON AT THE LIVERMORE PUBLIC LIBRARY MEETING ROOM AT 1000 S. LIVERMORE AVENUE. The meeting was adjourned ATTEST at 4".- MaY~ L _u ~ APPROVE CM-35-302 Regular Meeting of July 17, 1978 A regular meeting of the Livermore City Council was held on July 17, 1978, in the I1unicipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Turner at 8:05 p.m. ROLL CALL Present: Absent: Cm Dahlbacka, Ebert, Kamena, Staley and Mayor Turner None PLEDGE OF ALLEGIANCE Mayor Turner led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. MINUTES - 6/5/78 ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, THE MINUTES OF JUNE 5, 1978 WERE APPROVED AS SUBMITTED. OPEN FORUM No one in the audience wished to speak. PUBLIC HEARING WEED ABATE~-1ENT This hearing was to receive any protests or objections from property owners liable to be assessed for weed abatement. Richard Pope, 1065 Central Ave. objected to $100 weed abatement charge, stating that he had already cleared the weeds from the land required by the city posting. Dave O'Connor, Fire Marshall, said he had checked the property lines and contacted the contractor who did the work and the bill was for a fire break which had been cut by the contractor. But he would contact the contractor again and then work towards a reasonable solution. ON MOTION OF CM STALEY, SECONDED BY CM EBERT, AND PASSED UNAN- IMOUSLY, THE PUBLIC HEARING WAS CONTINUED TO JULY 24, 1978. PUBLIC HEARING RESID. SEWER SERVo CHARGE COLLECTION METHOD A hearing was held on the method for collection of the residential sewer service charge, presently being done by the County through the collection of property taxes. em Kamena expressed concern that the present method would complicate the cash flow problem. George Nolan, Acting City Manager, stated that according to Stone/ Youngberg there would be no problem since there was sufficient lead time. ON MOTION OF CM KN,ffiNA, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. RESO. - SEWER SERVICE CHARGE ON MOTION OF C~,~ KAHENA, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, A RESOLUTION WAS ADOPTED ON THE COLLECTION METHOD OF RESIDENTIAL SEWER SERVICE CHARGE. RESOLUTION NO. 193-78 A RESOLUTION ADOPTING REPORT OF CITY FINANCE DIRECTOR RE SEWER SERVICE AND USE CHARGES CM-35-303 July 17, 1978 PUBLIC HEARING RE BUILDING CODE A public hearing regarding proposed adoption, by reference, of the Uniform Building Code, 1976 Edition, was held but there were no statements made by Councilmembers, staff, or the public. ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. ORD. ADOPTION RE BUILDING CODE ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAJ1ENA, AND BY UNANIMOUS VOTE, THE ORDINANCE WAS ADOPTED REGARDING ADOPTION OF THE UNIFORM BUILDING CODE. ORDINANCE NO. 960 AN ORDINANCE AMENDING CHAPTER 6, RELATING TO BUILDINGS, BY THE AMENDMENT OF SECTIONS 6.1, RELATING TO ADOPTION OF UNIFORM BUILDING CODE AND UNIFORM BUILDING CODE STANDARDS, AND 6.2.6, RELATING TO CERTIFICATE OF OCCUPANCY, ALL OF ARTICLE 1, RELATING TO GENERAL PROVI- SIONS; BY THE AMENDMENT OF SECTION 6.33, RELATING TO ADOPTION, AND REPEAL OF SECTION 6.34, RELATING TO AMENDMENTS, ADDITIONS, AND DELETIONS, BOTH OF ARTICLE VI, RELATING TO UNIFORM HOUSING CODE; BY THE AMENDMENT OF SECTION 6.42, RELATING TO ADOPTION OF UNIFORM MECHANICAL CODE, OF ARTICLE VIII, RELATING TO UNIFORM ~1ECHANICAL CODE; AN ORDINANCE AMENDING SECTION 15.1, RELATING TO THE ADOPTION OF THE UNIFORM PLUMBING CODE, OF CHAPTER 15, RELATING TO PLUMBING, ALL OF THE LIVERMORE CITY CODE, 1959. COMMUNICATION RE TRANSIENT TAX A letter was received from several motel owners protesting the increase in the transient tax and requesting discussion of this item with the Council. A discussion followed regarding method of collection by the motel owners and by the city, timing of rate changes by the motels and the effect of Proposition 13 on motel rates. A MOTION WAS MADE BY CM STALEY, SECONDED BY CM KAMENA TO RECONSIDER THE TAX RATE IN THE ORDINANCE. Gary Reiners, City Attorney, stated that a motion to reconsider can only be made at the meeting at which the action on the item was taken. cr1 STALEY WITHDREW HIS MOTION AND MOVED THAT THE ITEM BY PUT ON THE EARLIEST AVAILABLE AGENDA FOR DISCUSSION REGARDING A POSSIBLE AMENDMENT TO THE HOTEL/MOTEL TAX. SECONDED BY CM KN1ENA AND PASSED BY UNANIMOUS VOTE. COMMUNICATON RE CETA A letter was received from Senator Hayakawa in which he expressed his concern with the CETA program and the CETA Amendments of 1978. COMMUNICATION RE ADVERTISING METHODS The City of Santa Paula requested support on proposed legislation which would provide alternative methods of advertising the adoption of ordin- ances by general law cities. It was the consensus of the Council to ask the City Attorney to research the proposed bill and to draw up a resolution for Council's consideration. CM-35-304 July 17, 1978 COf1MUNICATION RE PUC APPLICATION A notification was received from Holiday Limousine Services regarding a rate increase application submitted by them to the Public Utilities Commission. MOTION WAS MADE TO NOTE AND FILE BY CM STALEY, SECONDED BY CM DAHLBACKA, AND PASSED BY UNANIMOUS VOTE. COMHUNICATION RE HEETING Notification was received of a meeting of the Upper Alameda Creek Urban Study Management Task Force. It was decided that staff would attend if necessary. COJ\1.MUNICATION RE BLOOD DONATHON '78 A letter was received regarding a Blood Donathon to be conducted at the Blood Bank of the Alameda-Contra Costa County Medical Association from Aug. 31 to Sept. 1, 1978. CITY MANAGER'S REPORT Mr. Parness was absent from this meeting so George Nolan, Acting Ci ty ~~anager, gave the report. The Public Works Director reported that the depression or hole at Mocho St. Park will be filled and leveled by the City, and that the ilL" Street proiect (between 5th and College) is nearing completion. The Fire Dept. was exceptionally busy, including several mutual aid situations at Sunol Ridge, Shadow Cliffs, I-680 & Calaveras Rd. and Patterson Pass Rd. A Noise Committee meeting has been set for Wed., July 19, at 8:00 p.m. to review a possible noise ordinance. The Livermore Police Dept. has received authorization for two studies, a management survey and an organizational development team building technique clinic, both to be fully paid for by P.O.S.T. (Peace Officers Standard Training Program). Progress has been continuing on the CETA Program with 33 Round IV projects with funding of around $300,000 - $400,000. These projects are to be reviewed by the Social Concerns Committee Aug. 3 and 10, and there is a proposed Council study session set for Aug. 14th. An estimate was received from the League of California Cities as to what Livermore's share might be of the State surplus. The League has unofficially estimated Livermore's share to be about $646,000. Mr. Nolan requested that an executive session follow tonight's meeting. A meeting was set for July 26th, 3:00 p.m. between City Council liaison (Cm Ebert and Turner) and LARPD liaison to discuss park problems. CM-35-305 July 17, 1978 APPEAL RE CANDELARIO VARIANCE DENIAL An appeal was submitted by Robert Candelario regarding a variance denial of an application to allow reduction of side yard and street frontage yard setbacks at 1055 Nielsen Lane. Mr. Candelario stated that he had talked to Paul Curtis early in 1977 and Mr. Curtis has assured him that a 10 foot fence was allowed for recreation~ facilities on private property and at that time gave Mr. Candelario an application for a home occupation permit to allow Mr. Candelario to give tennis lessions. Mr. Candelario said that he was not told at that time about a fence permit or site plan. Early in 1978, he arranged financing and started the construction of the court. The sub-grade was completed as was the header boards and paving, and the fence posts installed, at which time a stop-work order was posted and construction halted. The cost to date had been $8,035. He immediately contacted Mr. Curtis and was informed of set-back regulations and a right-of-way on his property and was also told he had not obtained a fence permit. Mr. Curtis suggested he apply for a variance, which he did. It was denied at the June 5th Planning Commission meeting. Mr. Candelario said he had proceded according to what he thought the City wanted. Cm Kamena inquired whether, if the appeal is approved and the East Ave. street-widening project begun, the applicant would be willing to waive any claim against the City for that portion of easement of public right- of-way that would be encroached upon. Mr. Candelario stated that he would be more than willing to do so. Cm Ebert expressed concern that Mr. Candelario had already incurred expenses of $8,000 and suggested he should have gotten something in writing. Cm Kamena commented that it would be simple to issue a fence permit but that there are still setback problems on 3 sides, which raise the question of encroachment. Mr. Candelario stated that he assumed all along that he had been given correct, complete information by the City personnel. Paul Curtis added that he assumed Mr. Candelario was discussing general questions of zoning, whether he could teach at home, etc. He said most questions from the public are in terms of general analysis. The Home Occupation permit, he added, is still on file, held in abeyance by these procedings. Mr. Candelario stated (East Avenue) it would sub-standard in size. east and west property that if the fence is put on the property line reduce the size of the court which is already He also offered to lower the fences on the lines to 6 feet in height. Dan Lee, Public Works Director, commented that there is also a problem with the amount of room from the face of curb to the property line. Being near a school and a shopping center, there is heavy pedestrian use. Cm Kamena asked if any letters had been received from residents in the area protesting the construction of the tennis court. Discussion followed regarding communications received, both pro and con. A MOTION WAS MADE BY CM EBERT AND SECONDED BY CM KAMENA TO OVERTURN THE PLANNING COMMISSION'S DECISION AND ALLOW THE VARIANCE. Cm Staley expressed concern about the City's liability when staff error has occurred and specifically if th~ City's liability would increase in regard to the fence in the public right of way, if this particular variance was granted. CM-35-306 July 17, 1978 A discussion followed concerning the visibility at the corner and if any traffic hazard is involved. Mr. Candelario stated that the fence, being chain link, is not a visual obstruction, and although he would not like to move it back 4~ feet, he'd be happy to work with the City and the Council to reach some kind of livable settlement. Cm Kamena added that, if the variance is granted, he would like to amend it to include: No visible barrier to be added during the extent of the variance, variance to be granted for 5 years with reapplication rights, the applicant to hold the City contrac- tually harmless from financial obligations, and the Council to declare the necessary findings for these variances to be made. CM KAMENA MOVED THAT THE ABOVE CONDITIONS BE ADDED TO THE VARIANCE, SECONDED BY HAYOR TURNER. Mayor Turner commented that the Planning Commission denial was based on two findings: that the property is not deprived and that there would be a potential visibility problem. A discussion followed concerning the City's possibility of lia- bility with regard to the visual obstruction and with regard to the private use of public property. Cm Dahlbacka added that although he couldn't support Cm Kamena's motion, he would support placing the fence back 4-5 feet from the sidewalk to prevent the traffic visibility problem. Gary Reiners commented that the discretion in the granting of a variance is relatively narrow. Discussion followed concerning the problem of visibility. MAYOR TURNER rffiDE AN N1ENDING MOTION TO REQUIRE THE FENCE ALONG EAST AVENUE TO BE MOVED BACK 4~ FEET. SECONDED BY CM KAMENA. Cm Ebert stated he had not seen the corner in question and asked for a week's continuance. The appeal regarding the variance denial was continued to 7/24/78. INTERIM POLICY RE RDP A formula was submitted by the Planning Commission allowing 332 building units this year based on 2% growth. In response to a question from Cm Kamena, Gary Reiners added that the General Plan specifically precluded carryover from one year to the next. CM STALEY MOVED THAT THE NUMBER OF BUILDING PERMITS TO BE ALLO- CATED IN 1978 DO NOT EXCEED 332, SECONDED BY MAYOR TURNER. Mayor Turner suggested adding to that the number of building permits (19-20) issued yearly for single lots of record within the City of Livermore, which still would not exceed the 2% growth rate for the calendar year. CM STALEY MOVED TO APPROVE AN INTERIM HOUSING ALLOTMENT OF 348 HOMES FOR 1978, SECONDED BY MAYOR TURNER. THE MOTION PASSED 4-0, CM DAHLBACKA ABSTAINING. CH-35-307 July 17, 1978 DISCUSSION RE BENEFIT DISTRICTS Reports and a policy proposal were submitted by the Public Works Director and the City Attorney. CM KAMENA MOVED TO APPROVE THE POLICY AND ACCEPT THE STAFF RECOMMENDA- TIONS, SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. INTROD. ORD. RE FEES/LAND DEDICATION FOR SCHOOLS The ordinance, which would conform Livermore school facilities feel dedication requirements to requirement of state law, was discussed by Council regarding whether the School District would benefit more from and new proposal than the existing one. Wording of the ordinance was also discussed. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE THE ORDINANCE WAS INTRODUCED AND READ BY TITLE ONLY. APPOINTMENTS A MOTION WAS MADE BY CM STALEY, SECONDED BY CM KAMENA AND UNANIMOUSLY PASSED THAT MEL LUNA BE APPOINTED BY ACCLAMATION TO THE PLANNING COMMISSION. A MOTION WAS MADE BY CM KAMENA, SECONDED BY MAYOR TURNER AND UNANI- MOUSLY PASSED, APPOINTING GERALD DZAKOWIC AND MARY KJOSE TO THE LIBRARY BOARD. REPORT RE BUSINESS DEVELOPMENT COMMITTEE A report submitted by Gurnam Sidhu for a Business Development Committee was put over to next week. RESO. - RE GRANT FOR CLASSIFICATION STUDY A MOTION WAS MADE BY CM EBERT, SECONDED BY CM KAMENA AND PASSED UNANI- MOUSLY THAT A RESOLUTION BE ADOPTED AUTHORIZING EXECUTION OF AGREEMENT. RESOLUTION NO. 194-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (State of California Personnel Board) REPORT FROM PLANNING DEPARTMENT A report was received from the Planning Dept. regarding proposed Zoning Ordinance amendment. A hearing was set for August 7, 1978. RESO. RE CONFLICT OF INTEREST A report was received from the City Attorney re Conflict of Interest Codes for City Employees and the Planning Commission, and recommending adoption of the resolution approving codes. A MOTION TO ADOPT THE RESOLUTION WAS MADE BY CM EBERT, SECONDED BY CM KAMENA AND PASSED UNANIMOUSLY. RESOLUTION NO. 195-78 ~ A RESOLUTION APPROVING CONFLICT OF INTEREST CODES CM-35-308 July 17, 1978 CONSENT CALENDAR Departmental Reports The following departmental reports were submitted for Council information: Building Activity - June Community Development Director - quarterly report and project status report Emergency Services - quarterly report Library - annual report for fiscal year ~1unicipal Court - May Police and Pound Departments - June Reso. - Tract Approval The Council was requested to approve tentative tract No. 3760 and authorize execution of agreement for sewer connections. RESOLUTION ,NO. 196-78 A RESOLUTION APPROVING TENTATIVE SUBDIVISION MAP 3760 (Wagoner) Reso. - Amending G.P. Action taken by the City Council following a public hearing resulted in the following resolutiion, amending the General Plan: Central Area Element, Circulation Element and Land Use Element. RESOLUTION NO. 197-78 A RESOLUTION AMENDING THE LIVERMORE GENERAL PLAN Reso. - Rejecting Claim RESOLUTION NO. 198-78 A RESOLUTION REJECTING THE CLAIM OF LAWRENCE H. BAKKEN Reso. - Planning Dept. Fees The Council was requested to establish fees for certain Planning Department functions required to be set by resolution. RESOLUTION NO. 199-78 A RESOLUTION ESTABLISHING FEES FOR PLANNING REVIEW AND FILING OF PLANNING PER~IT APPLICATIONS AND SUBDIVISION AND PARCEL HAPS. Reso. - Execution of Agreement Action was taken by Council to authorize execution of agreement with the landscape architect for the civic center site. RESOLUTION NO. 200-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (John Sue & Associates) CM-35-309 July 17, 1978 Reso. - Agreement Municipal Code Corp. The Council is requested to authorize execution of agreement with the Municipal Code Corporation for provision of supplement service for the next two years. RESOLUTION NO. 201-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Municipal Code Corporation) Report - Secretary Master Residential EIR's A report was received regarding secretarial services for Master Resi- dential EIR's and the recommendation made to extend emploYment of a secretary for approximately 40 hours to type EIR's for residential development projects. Reso. - Re LARPD Loan LARPD asked the City's assistance in reference to park watering and Dial-a-Ride programs. RESOLUTION NO. 202-78 A RESOLUTION AUTHORIZING ASSISTANCE TO LIVERMORE AREA RECREATION AND PARK DISTRICT Reso. - Award Bid A bid was awarded for the purchase of sulfur dioxide for the Water Reclamation Plant. RESOLUTION NO. 203-78 A RESOLUTION AWARDING BID (Chem-Serv Division, Unichem International) Reports Information reports were received as follows: Noise levels - Codiroli Ford - Prepared in response to comments made at a recent public hearing. Inquiry as to interest in annexation of property located at 1647 Almond Ave. Warrants & Payroll There were 29 warrants in the amount of $69,177.38 dated June 30, 1978; there were 91 warrants in the amount of $354,845.92 dated July 13, 1978; all approved by the City Manager. ON MOTION OF CM EBERT, SECONDED BY CM KAMENA AND PASSED UNANIMOUSLY WITH THE EXCEPTION OF MAYOR TURNER DISSENTING ON RESOLUTION NO. 200-78 THE CONSENT CALENDAR WAS APPROVED AS LISTED. ORDINANCE INTRODUCTION RE SCHOOL FACILITIES FEE/DEDICATION There was a first reading, introduce and file, of a Municipal Code amendment regarding School Facilities Fee/Dedication. CH-35-310 July 17, 1978 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:55 ~: t<>~xecu: session. APPROVE ~________~~ Mayor ATTEST atw~P~_/ y Clerk Li rmore, California Regular r1eeting of July 24, 1978 A regular meeting of the Livermore City Council was held on July 24, 1978, 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 Hayor Turner Absent: Cm Dahlbacka (ill); Cm Staley (excused) present only for vote on reduction of motel transient tax PLEDGE OF ALLEGIANCE Mayor Turner led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. MINUTES - 5/12/78 & 5/13/78 CM KN'1ENA MO'7ED TO APPROVE THE MINUTES OF MAY 12, 1978, AND OF THE REGULAR MEETING OF ~mY 13, 1978. CM EBERT SECONDED AND THE MOTION PASSED UNANHlOUSLY. OPEN FORm1. Don ~1iller, 2862 Waverley Way stated his concern with residential growth. He added the statement that we need residential growth to get commercial and industrial growth is false, and that the Council was elected to protect the health, welfare and safety of City residents, and they cannot do that when conditions of overcrowding exi.st. Cm Ebert answered that he felt Mr. Miller was incorrect in his basic supposition that growth is evil. PUBLIC HEARING WEED ABATEMENT Karl Jellinghausen, 1378 Fairview Ct, representing the LDS Church objected to a bill received from the City and the 30% service charge which was added to the second bill. Dave O'Connor explained that he felt the work that Mr. Jelling- hausen had done although helpful was not adequate for safety. Mr. O'Connor added that he had also checked to see if a bill had been sent to Richard Pope last year for work done at that time and that he had been billed. Richard Pope, 1065 Central Ave., stated that there was no posting of his property last year and he did not receive a bill last year. CH-35-311 July 24, 1978 (Re Weed Abatement) Mayor Turner stated that he felt the fee should be adjusted for the LDS Church property since they had advised the City that they wanted to do the work themselves. em Ebert inquired if landowners were given the opportunity to correct any deficiencies that were noted by the Fire Marshall. Hr. O'Connor stated that a lot depends on the type of property involved, and the availability of adequate equipment. He said that at times, there is a time factor involved, too. Mr Jellinghausen commented that he felt the LDS Church should pay for the work done by the City on the northerly boundary of the property. A MOTION WAS MADE BY CM EBERT, SECONDED BY CM KAMENA, AND PASSED UNAN- IMOUSLY THAT THE PUBLIC HEARING BE CLOSED. RESO. RE WEED ABATEMENT A MOTION TO ADOPT A RESOLUTION CONFIRMING WEED WITH THE EXCEPTION OF THE LDS PROPERTY, AND TO MADE BY MAYOR TURNER AND SECONDED BY CH EBERT. KAHENA DISSENTING. ABATEMENT ASSESSMENTS, REJECT ANY PROTESTS WAS MOTION PASSED 2-1, CM RESOLUTION NO. 204-78 A RESOLUTION CONFIRMING ASSESSMENTS - WEED ABATEMENT COMMUNICATION - SEN. HAYAKAWA A letter was received from Senator Hayakawa for information purposes regarding the General Electric test reactor and the safety evaluation report. CITY MANAGER'S REPORT George Nolan, Acting City Manager, gave the report. An information package including the Environmental Impact Report for Phase IV of the Water Reclamation Plant project had been dis- tributed to the Public Library and to the Council members in antici- pation of a public hearing to be held in approximately 30 days. The sale of 7000 bales of hay is proceding at the Water Reclamation plant at $2.00 a bale. The 4th St. and College Ave. traffic island reflectors have been replaced and additional reflectors have been added. The steel to be used in the construction of the Administration Building is to be delivered this week. Completion should be in the spring of 1979. Work is being completed on 17 of 18 holes at Las positas Golf Course. The rebuilding program should be completed in about a month. The Livermore Police Department apprehended, thanks to citizen partic- ipation, a person suspected of vandalism at the Springtown Golf Course. There will be a Library Board meeting on July 25, 1978, at 7:30 p.m. in Mr. Nolte's office at the Library. The Planning Department reported that all departmental reports have been received on the proposed Dunn Chevrolet project. The Planning Commission will review the project July 25 and there will be a special Public Hearing on Wednesday, July 26, 1978, before the City Council. cr1-3 5 -312 July 24, 1978 (Re City Manager's Report) The Community Development Department is working on an analysis of the 1977 sales tax. It was recommended that the Community Devel- opment Director position be continued for at least 4 months. California Division of Forestry, the State Fire Marshall and the Sheriff's Dent. investigators arE trying to determine causes of the frequent fires in the valley. A bill is being prepared to be sub- mitted to the responsible Railroad. The municipal bus system should start operation on Aug. 7, the delay being due to mechanical problems and insufficient time to paint curbs and print schedules. The ribbon-cutting ceremony is to be on Aug. 14. City staff has recommended renewal of the contract with the Employer's Self Insurance Service for one year. The Office of Emergency Services has scheduled a siren test for July 28 at 11:00 a.m. as part of the county-wide siren test. The League of California Cities will hold their annual conference Sept. 24-26 at Anaheim, reservations to be made by August 31. Of critical interest to both LARPD and the Citv was a communication from Zone 7 outlining a proposal to provide water at a reduced rate to public aqencies sunported by taxes. A budget study session was scheduled for August 8th. APPEAL RE TRANSIENT TAX An appeal was received from several motel owners protesting the increase in the transient tax from 6% to 10%. Stan Mullin, 3787 First St., operator of the Sands Motel, stated that he felt the 10% tax rate was too high considering that Pleasanton motels pay only 5% and motels in the county such as Howard Johnson's pay no tax at all. A MOTION WAS MADE BY CM EBERT AND SECONDED BY CM KAMENA THAT THE TRANSIENT OCCUPANCY TAX BE PLACED AT 6~%. Steve Kramer, representing the Holiday Inn stated that when the tax rate goes up, the basic room rate must be lowered to compen- sate and to remain competitive since most people consider only the price of the room. Ken Patel, Palace Hotel, 1321 Portola Ave., added that raising the rates restricts the small motel operator's ability to be com- petetive and results in a lower occupancy rate which leads to lower business license fees due the City. MOTION VOTED ON AND PASSED UNANIMOUSLY. Staff was directed to prepare the amending ordinance and to send a letter of clarification to the motel owners within the City. CM-35-313 July 24, 1978 APPEAL RE VARIANCE DENIAL Discussion was continued on a variance denial to allow reduction of side yard and street frontage yard setbacks at 1055 Nielsen Lane owned by R. Candelario. CM KAMENA MOVED TO REMOVE ALL PREVIOUS MOTIONS EXISTING ON THIS ITEM. MOTION WAS SECONDED BY CM EBERT AND PASSED UNANIMOUSLY. Mr. Candelario commented that he had three more favorable signatures of neighbors. Cm Kamena felt the problem of encroachment on the west property line should be resolved. Paul Curtis, Zoning Administrator, added that the three variances listed on all three property lines could be granted by the Planning Commission but the encroachment permit would have to be granted by the Public Works Department. Cm Ebert said that he had checked out the intersection and felt the fence did not present a visibility problem or a safety hazard. CM EBERT MOVED TO ALLOW THE REQUESTED VARIANCES, SECONDED BY CM KAMENA. Cm Kamena brought up the issue of pedestrian safety since East Ave. at this point, has heavy pedestrian traffic due to the nearness of East Avenue School and the shopping center. He did not feel that the fence presented a visibility problem for automobile traffic, and felt the primary safety hazard would be one of tennis balls bouncing from within the lot out to the traffic on East Avenue. Mayor Turner felt that turning from East Avenue onto Nielson presented a problem since in that direction it is basically a blind corner. He also felt stray tennis balls would be a problem and that if the request was approved a public hazard would be created. Gary Reiners, City Attorney, explained how the right-of-way would be affected by granting the variance and possible conditions to be attached and their validity. He added that when people have occupied and used prop- erty for a long period of time they tend to forget conditions which have been imposed upon their use of the property, even though these conditions are with the deed on the house. CM EBERT MOVED TO AMEND THE MOTION TO ALLOW THE VARIANCE CONDITIONED UPON THE ALTERATION OF THE DEED TO INDICATE THAT THE CITY BE HELD I~RMLESS IN CASE OF EMINENT DOMAIN PROCEEDINGS OR WHATEVER THE RIGHT WAS SO THAT ANY SUBSEQUENT LANDOWNER WILL UNDERSTAND THE CONDITIONS. Mayor Turner added that Cm Ebert's motion included direction of the staff to draw up a resolution. CM KAMENA SECONDED THE MOTION AND THE MOTION PASSED 2-1, MAYOR TURNER DISSENTING. NORTHFRONT/SOUTHFRONT WATER LINES A recommendation was received from staff that the City place 12" water lines in this area. Bob Tiecke, manager of California Water Service, stated that Cal. Water has existing adequate water lines already in the area even though this area is outside the P.U.C. approved Cal. Water Area. He added that Cal. Water has served the area since 1950 but that the existing position of the lines is the result of the highway widening in 1968. CM-35-314 July 24, 1978 (Re Northfront/Southfront Nater Lines) Earl Mason, representing Modular Homes Construction, said the cost to his client would be about $44,000 to put in the City water serv- vice. Considering that the cost of the nodular Homes Constrruction building and parking lot to be around $110,000, the cost of water service would be prohibitively high. r1ayor Turner stated that even though Cal. Water could presently adequately serve the area, future development could not be handled adequately by existing lines. Cm Ebert said he felt that a 40% added cost to a small business for a water line that that business did not need was asking too much. Gary Reiners explained that the service area is ambiguous and will continue to worsen unless some legal action or agreement between the parties takes place soon. Cal. Water could at any time approach the P.U.C. requesting that this area be designated as within the Cal. Water Service Area which would force the City, in order to preserve its rights, to onpose that with the P.U.C. which mayor may not be successful. Dan Lee, Public Works Director, added that one alternative might be the establishment of a benefit district. cr1 EBERT ~10VED TO REFER THE ITEH TO THE CITY ATTORNEY TO NORK OUT A REHEDY AVOIDING DUPLICATION OF EFFORT, IN EFFECT TO TURN IT OVER TO CAL HATER AND GET THE BEST DEAL POSSIBLE FOR THE CITY. r,10TION DIED FOR LACK OF SECOND. Gary Reiners, in anS\-ler to inquiry by em Kamena, said that the applicant could bond for future improvement and in the meantime lease lines from Cal. Water. Manny Gorland, Director of Community Development, commented that the premium on the bonding would probably be prohibitive in cost. Cm Ebert said he felt that the intent should be to foster commer- cial development in the most economical way possible without dup- lication of effort. Staff was directed to attempt to negotiate an agreement with Cal. Water. REPORT RE BUSINESS DEVELOPHENT COHl'1ITTEE A suggestion was submitted by Gurnam Sidhu for the formation of a Business Development Committee. Mayor Turner said he felt there was a need to give attention to commercial busine~s develonment and while it had been suggested that it could be part of the Industrial Board, he felt that a separate committee was needed since there was a need to establish a focus on commercial retail business. Cm Ebert said that although he vlas'n't in favor of additional committees, he agreed that a separate focus was needed in this case. Gurnam Sidhu, 1533 Vancouver Way, stated that he felt a separate committee would be more effective and it should be made up of people who in addition to being enthusiastic and in contact with local business, should have contacts outside the City, too. CH-35-315 July 24, 1978 HOTION WAS MADE BY CM KAMENA, SECONDED BY MAYOR TURNER, THAT A 7 MEMBER COMMITTEE BE FORMED, ONE SEAT FOR THE CHAMBER, TITLE OF THE COMMITTEE TO BE THE BUSINESS & PROFESSIONAL DEVELOPMENT COMMITTEE. MOTION PASSED UNANIMOUSLY. REPORT RE SALE OF CITY OWNED SUBDIVISION Staff recommendation was for solicitation of bids for the sale of Tract 3758 (Dogwood Park) CM KAMENA MOVED FOR APPROVAL OF STAFF RECOMMENDATION, SECONDED BY CM EBERT. MOTION PASSED UNANIMOUSLY. REPORT - DOG FEES Mr. Nolan, Acting City ~1anager, reported that the fees collected by Alameda County on the City's behalf, for impoundment services, are credited against the City's share of the cost of supporting the County Animal Shelter. The item was then continued to the next meeting. CABLEVISION RATE ADJUSTMENT A report was received from the Assistant to the City Manager regarding a request from Viacom Cablevision for a rate adjustment. CM KAMENA THANKED VIACOM FOR THEIR COOPERATION AND MOVED FOR APPROVAL OF THE RATE AND CHARGE ADJUSTMENT. THE MOTION WAS SECONDED BY CM EBERT AND PASSED UNANIMOUSLY. REPORT RE TREES AT PENTECOSTAL BIBLE COLLEGE It was the recommendation of the Planning Commission to designate 145 trees as Ancestral Trees on the property located at 1885 College Avenue. CM KAMENA MOVED TO ACOPT THE RECO~~1ENDATION OF THE PLANNING COMMISSION. MOTION WAS SECONDED BY CM EBERT AND PASSED UNANIMOUSLY. REQUEST FOR BIDS - S. LIVERMORE PROJECT A request was received from the Public Works Director to call for recon- struction bids for South Livermore Avenue from Fifth St. to the City Limits. IT WAS MOVED BY C~1 KAMENA, SECONDED BY CM EBERT AND PASSED UNANIMOUSLY TO CALL FOR BIDS ON THE SOUTH LIVERMORE AVENUE RECONSTRUCTION PROJECT. PROPOSED LEGISLATION RE ADVERTISING A report was received from the City Attorney regarding proposed legis- lation for alternative methods of advertising ordinance adoption. CM KN~ENA MOVED THAT THE COUNCIL SUPPORT THE LEGISLATION WITH QUALI- FYING COMMENTS BY THE CITY ATTORNEY'S OFFICE ATTACHED. MOTION WAS SECONDED BY CM EBERT AND PASSED UNANIMOUSLY. REPORT - PLANNING CO~~ISSION A summary of action was received from the Planning Commission of its July 18th meeting. It was noted for filing. CM-35-316 July 24, 1978 REPORT RE CONSENT CALENDAR PROCEDURES The Council's ability to re-consider action was discussed after a report was made by the City Attorney. The new policy set forth was aimed at maintaining a balance between the orderly conduct of business and the ability to re-consider action. Staff was directed to reword the policy for continued discussion at next week's meeting. CONSENT CALENDAR Reso. re Appointments RESOLUTION NO. 205-78 A RESOLUTION FOR APPOINT~ENT TO THE PLANNING CO~~ISSION (Manuel P. Luna) RESOLUTION NO. 206-78 A RESOLUTION FOR APPOINTMENT TO THE LIBRARY BOARD (Gerald Dzakowic & Mary W. Kjose) Reso. Rejecting Claim RESOLUTION NO. 207-78 A RESOLUTION REJECTING THE CLAIM OF LUTHER D. POST Reso. re Authorization Designation must be made of the title of the person authorized to sign applications for federal and state grants for publicly owned wastevlater treatment works. The City Hanager was named. RESOLUTION NO. 208-78 A RESOLUTION AUTHORIZING FILING APPLICATION FOR FEDERAL AND STATE GRANTS FOR PUBLICLY OWNED WASTEWATER TREATMENT WORKS AND PROVIDING CERTAIN ASSURANCES. Reso. re Project No. 77-4 RESOLUTION NO. 209-78 A RESOLUTION AUTHORIZING ACCEP~ANCE OF WORK AND AUTHORIZING AND DIRECTING THE RECORDING OF NOTICE OF COMPLETION RE THE PACIFIC AVENUE EXTENSION. (Project No. 77-4) Reso. Awarding Bids A bid was awarded for crushed rock. RESOLUTION NO. 210-78 A RESOLUTION AWARDING BID (Rhodes & Jamieson) A bid was awarded for crushed rock, sand,and concrete. " RESOLUTION NO. 211-78 A RESOLUTION AWARDING BID (Kaiser Sand & Gravel) CH-35-317 July 24, 1978 Warrants & Payroll There were 75 warrants in the amount of $104,242.41, dated July 19, 1978, and all approved by the City Manager. CONSENT CALENDAR APPROVAL ON MOTION OF CM EBERT, SECONDED BY CM ~MENA AND BY UNANIMOUS VOTE THECONSENT CALENDAR WAS APPROVED AS LISTED. ~~TTERS INITIATED BY STAFF AND COUNCILMEMBERS George Nolan reported that there has been a change in the School Crossing Guard legislation. A new bill, signed into law in July, gives new authority to school districts. Cm Kamena asked for a report on its effects from the City Attorney. ?layor Turner asked that the home rule issue be placed on the next agenda for discussion by the Councilmembers. Cm Ebert commented on the need for a resting spot for Senior Citizens to be placed somewhere between Vinwood Lodge on Fenton St. and the downtown shopping area. Cm Kamena asked that a report of LAVWMA be an agenda item in the near future. r.layor Turner pointed out that the signal light on Vancouver and Holmes needs to be timed or redesigned. Dan Lee said that the City is in the process of doing so and the situation will improve shortly. Dan Lee reported that delivery of equipment for the Second and ilL" St. signal light should be completed sometime within the next 30 days. [>lost of the work has been completed, and the poles and the controller will be installed as soon as they are delivered. ORD. ADOPTION RE SCHOOL FACILITIES FEE/DEDICATION ON MOTION OF CM KAMENA, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE THE ORDINANCE WAS ADOPTED REGARDING SCHOOL FACILITIES FEE/DEDICATION. ORDINA!~CE NO. 961 AN ORDINANCE ADDING CHAPTER 17B, RELATING TO SCHOOL FACILITIES FEE/DEDICATION AND REPEALING SECTION 20.10(aa), RELATING TO SCHOOL DISTRICT LETTER, OF ARTICLE II, RELATING TO TENTATIVE MAPS, OF CHAPTER 20, RELATING TO SUBDIVISIONS, BOTH OF THE LIVERMORE CITY CODE, 1959. ADJOURNMENT Mayor Turner adjourned the meeting to July 26, 1978, the meeting to begin at noon at the Lib ry eting Room, 1000 S. Livermore Ave., Livermore, California. ATTEST Mayor ~.. I ~e1 ~ City Clerk Livermore, California APPROVE CH-35-318 Adjourned Regular Heeting of July 26, 1978 An adjourned regular meeting of the City Council of the City of Livermore was held on Wednesday, July 26, 1978, at Noon in the Meeting Room of the Livermore Library, 1000 S. Livermore Ave., Livermore, California. The meeting was called to order by Mayor Turner at 12:05 p.m. ROLL CALL Present: Absent: Cm Ebert, kamena, Staley and Mayor Turner Cm Dahlbacka PUBLIC HEARING - CUP & PUD DUNN CHEVROLET ~1ayor Turner opened the Public Hearing and Planning Director Howard Nies outlined the area involved (a 3.5 acre site between First Street and Portola Avenue, S50! feet west of the intersection of Portola Avenue to be fronting on First Street) and explained the Planning Commission's recommendation for grant of the subject application in accordance with their Resolution No. 60-70 and further recommending that the Negative Declaration be approved and ordered filed. Dis- cussion was held regarding a minimum 10 foot landscaped strip on the westerly boundary of the applicant's site, and a good screen so as not to have lighting problems, and an effective landscaping break- up of the parking lot. Mr. Nies indicated that these matters will be further discussed by the Design Review Committee as well as the noise level to be maintained, 60 dba on the residential border as a maximum. The Council members expressed concern regarding noise levels, in that paging systems can fluctuate and they did not want to set some requirement that could not be lived with. Charles Dunn, the applicant, indicated that the plan as presented can be lived with and should be totally acceptable to the Scott St. residents and future residents. He will conform to the paging re- quirements, taking whatever measures are needed to remain within the requirements. He added that there is no problem with the commencement date requirement. Carrie Alexander, 338 Scott St. expressed concern about the paging from Codiroli Ford, already existing in the area. It can be heard now, she stated, and the neighbors do not want two paging systems able to be heard in the neighborhood. She inquired about the possibility of a redwood tree planting which would screen the sound. Maude Kuenning, 373 Scott St., also expressed concern regarding the paging system being audible for a great distance, and did not agree with the report which l~kened the paging system as compared to a lawn mower sound. ~r. Dunn indicated his willingness to condition the permit to have no paging system which would be audible. Cm Ebert expressed his feeling that this is a valuable sales tool, and it would be unfair to limit one dealer. Concern was also expressed regarding the lot. Hr. Nies explained that the lights from the residences, that they will have should have no effect on the residences. 18 to 20 feet in height, within the code lighting of the parking need to be oriented away a shield reflector and The lights will be requirements. Earl Hason, Associated Professions, representing the applicant, indicated that 15 gallon trees, on the west side would be fast growing and would provide screening from back lighting. r1r. Dunn also reported that the intervening 9 acre parcel will be developed in some type of dwelling units also providing a screening. CM-35-319 July 26, 1978 (Re Public Hearing - CUP & PUD Dunn Chevrolet) ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE HEARING WAS CLOSED. A MOTION WAS MADE BY CM STALEY, SECONDED BY CM EBERT, TO APPROVE THE CUP AS OUTLINED IN THE PLANNING COMMISSION CONDITIONS OF APPROVAL, CONDITIONAL USE PERMIT AND PLANNED UNIT DEVELOPHENT PERMIT NO. 142-78 WITH NO VOICE AMPLIFICATION ADDED AS A CONDITION AND TO APPROVE THE NEGATIVE DECLARATION. THE MOTION RECEIVED THE FOLLOWING VOTE: AYES: CM STALEY AND MAYOR TURNER; NOES: CM EBERT AND KAMENA. Further discussion was held regarding external speakers, paging systems, voice amplifications and levels of sound. At the close of discussion A MOTION WAS ~mDE BY CM KAMENA TO APPROVE THE PERMIT WITH THE EXCEPTION THAT ITEM 8. SHALL HAVE ADDED "IF VOICE ~1PLIFICATION IS USED THE SPEAKERS WILL BE DIRECTED WEST TO EAST". THE MOTION DID NOT RECEIVE A SECOND. A MOTION WAS MADE BY C}1 KAMENA, SECONDED BY CM EBERT, TO APPROVE THE PERMITS &~D NEGATIVE DECLARATION AS RECOMMENDED BY THE PLANNING COMMISSION. IT WAS WITHDRAWN PRIOR TO VOTE. A MOTION WAS MADE BY CM STALEY, SECONDED BY CM. EBERT, TO APPROVE THE CUP AS OUTLINED IN THE PLANNING COMMISSION CONDITIONS OF APPROVAL, CONDITIONAL USE PERMIT AND PLANNED UNIT DEVELOPMENT PERMIT NO. 142-78 WITH NO VOICE AMPLIFICATION ADDED AS A CONDITION. IT RECEIVED A UNANIMOUS VOTE AND THE PERMIT WAS GRANTED WITH THE ADDED CONDITION. RESOLUTION NO. 212-78 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (Chuck Dunn) ADJOURNMENT ATTEST Ha or cJJ ., ._..~ CJ.ty Clerk Livermore, California e meeting was adjourned at 12:45 p.m. There being no further b APPROVE C~~-35-32 0 Regular Meeting of August 7, 1978 A regular meeting of the Livermore C~y Council was held on August 7, 1978, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Turner. ROLL CALL Present: Cm Ebert, Kamena, Staley and Mayor Turner Absent: Cm Dahlbacka (vacation and business) excused PLEDGE OF ALLEGIANCE Mayor Turner led the Counci1members as well as those present in the audience in the Pledge of Allegiance. MINUTES - 6/19/78 & 6/20/78 CM KAMENA MOVED TO APPROVE THE MINUTES OF JUNE 19, 1978 AND OF THE ADJOURNED MEETING OF JUNE 20, 1978, SECONDED BY CM EBERT. MOTION PASSED UNANIMOUSLY. PROCLAMATION - NORTH LIVERMORE JAYCEES Mayor Turner read a Proclamation recogn~z~ng the outstanding achievement of the North Livermore Jaycee Project Operation Lockup which helped secure Senior Citizens homes against forced entry. Livermore Police Chief Mel Nelson presented the Procla- mation to Dick Lerche, Project Chairman. OPEN FORUM Dick Christmas, 394 Pearl Drive, asked why no complaint had been filed agained a policeman involved in the recent death of a patron in a Livermore bar. Gary Reiners, City Attorner, commented that there was not enough clear evidence to result in a complaint being filed at that time, but that it is presently before the County Grand Jury for consider- ation of possible indictment. PUBLIC HEARING RE NEGATIVE DECLARATION A Public Hearing was held in regard to a proposed Zoning Ordinance Amendment to extend the commencement date for development of the commercial site at Murdel1 Lane and Stanley Blvd. Brad Hirst, representing the applicant, asked the Council to extend the time for development and stated that if they were agreeable , his client would present new plans. No written comments were submitted and no further oral presentations were made. MOTION WAS MADE BY CM STALEY, SECONDED BY CM KAMENA, AND PASSED UNANIMOUSLY TO CLOSE THE PUBLIC HEARING. MOTION WAS MADE BY CM KAMENA, SECONDED BY CM STALEY TO APPROVE THE NEGATIVE DECLARATION AND DIRECT PREPARATION OF AN ORDINANCE AMENDMENT. MOTION PASSED UNANIMOUSLY. COMMUNICATION RE EIR PREPARATION Notification was received from the County Board of Supervisors regarding EIR proparation not to be done for the adoption of a discrete Sewage Disposal Systems POlicy but on a project by project basis. CM-35-321 August 7, 1978 (Re Communication re EIR Preparation) Gary Reiners, commented that since the County adopted the more reas- onable language from the City's viewpoint, it is important to determine how the County will implement the policy it has adopted. He reminded the Councilmembers that there is a 30 day statute of limitations on this type of determination. Discussion followed concerning possible reasons for Supervisor Raymond's abstention on this issue. It was decided that Cm Ebert would contact her regarding her vote and to see if she has any additional information to offer. COMMUNICATION - REQUEST FOR PUD (ANDERSON) A request was received from Chester Anderson that property owned by him be zoned Planned Unit Development, allowing the requested 322 units with an average density of 5.6 units per acre. Mayor Turner stated that the City's position in the past has been that rezoning will be considered when annexation takes place, that the City does not pre-zone land outside the City limits. Gary Reiners, City Attorney, commented that there would be no problems with LAFCO as far as pre-zoning was concerned, and that pre-zoning, while time-consuming, would eliminate staff time after annexation. Cm Kamena commented that he would like to accomodate the applicant because it could be an attractive entrance to the City. CM KAMENA MOVED THAT MR. ANDERSON'S REQUEST BE REFERRED TO THE PLANNING COMMISSION, SECONDED BY CM STALEY. Clarence Hoenig, 588 Tyler, stated that it would be a waste of time to consider pre-zoning and suggested the applicant approach LAFCO to ask that the land be included in Livermore's sphere of influence. Dave Madis, 1011 Geneva, pointed out that one problem is that under the City's Residential Development Plan, an applicant must be zoned before his application is considered. em Staley said that he could recognize the land owner's concern with what was going to happen to his land after he annexed to the City. Cm Ebert added that the Planning Commission should be advised that the consensus of the Council was to favor the development because it would be a positive addition to the City. MOTION WAS PASSED BY UNANIMOUS VOTE. COMMUNICATION RE SIGNS ON PUBLIC PROPERTY A letter was received from Robert S. Allen in regard to unauthorized political signs on public property, requesting the City to remove them from City property. COMMUNICATION RE LIVERMORE VALLEY HISTORY CENTER The Livermore Valley History Center in the Carnagie Building was the subject of a communication received from the Livermore Heritage Guild. It was noted and filed. CM-35-322 August 7, 1978 COMMUNICATION - LEAGUE OF CALIFORNIA CITIES A letter was received from the League of California Cities in regard to the new League Action Plan. It was referred to staff for later discussion and to plan a response for the League con- ference. REPORT - CITY MANAGER The report was made by Acting City Manager George Nolan. Paul Gardner, representing Patchett Transportation Co, reported that the Rideo bus system started on a limited basis this morning and hopefully a full schedule will be implemented by next Monday, Aug 14. A joint meeting of the Boards of the School District, LARPD, and the City Council, requested by Mayor Turner, has been tentatively scheduled for Aug. 27 at 7:30 p.m. If a Council majority is not available that date, the meeting will be rescheduled in September. A Budget study session was scheduled for Aug. 8, 7:00 p.m. The Vancouver and Holmes traffic signals were reprogrammed by the State to a more acceptable timing basis. The 2nd and ilL" St. signals will be installed and operating by Sept. 6, 1978. The recently held Livermore Air Show was successful bringing in 12,000 paid admissions. The Community Development Director reported that the commercial brochure, which they have prepared, is at the printers and should be available within a couple of weeks. The Library Board will have to decide at their next meeting if patrons living outside the City limits will be charged a use fee. They have the option of waiving the fee in order to participate in the Calif- ornia Library Services Act, which provides up to 40 cents per copy to libraries on a balance-of-trade type of arrangement. There will be a disaster drill in Pleasanton on Oct. 26, under the auspices of the Emergency Services. The City Attorney requested an executive session on a litigation matter. REPORT RE SOUTHFRONT ROAD WATER SERVICE Gary Reiners, City Attorney, explained an agreement which has been worked out between the City of Livermore and California Water Service. He recommended the City Council adopt a resolution authorizing the execution of the contract. em Kamena expressed his concern about protecting the rights of Livermore's water company. Mr. Reiners explained that Livermore has given up the practical aspect of supplying the water service itself but has gained a new industry. Cm Kamena said he was more interested in not compromising the City's municipal enterprise and its service area. He requested that it be considered that the Livermore Water Co. increase its contribution towards the water line so that Livermore services the area, industry still comes in, and the City recoup part of that money from future developments. In reply to a question by Cm Staley, Mr. Reiners commented that the City doesn't have a clearly defined service area. CM-35-323 August 7, 1978 (Re South front Water Service) Bob Tiecke, Cal Water Service, stated that his company has 3-4 miles of main in the area, over 100 customers, and an existing 8" line in the roadway along the frontage where the new industry will be located. He said his company is able and willing to serve this industry, and to effect that, signed the agreement drawn up by the City Attorney. CM EBERT MOVED TO ADOPT A RESOLUTION AUTHORIZING EXECUTION OF CONTRACT, SECONDED BY MAYOR TURNER. After further discussion, the consensus of the Council was to send the report back to staff for consideration of Cm Kamena's suggestions. CONSENT CALENDAR PROCEDURES A report was received from the City Attorney in regard to Council procedure on consent calendar items and item reconsideration. His recommendation was to adopt an amendment to the City Council handbook. A lengthy discussion followed and the consensus of the Council was to approve the change regarding consent items but not to change the re- consideration procedure. CM KAMENA SO MOVED, SECONDED BY CM STALEY, AND THE MOTION PASSED 3-1, CM EBERT DISSENTING. A resolution will be prepared to that effect. DOG LICENSE FEES AND PENALTIES Discussion continued regarding dog license fees and penalties. Cm Ebert objected to the self-incrimination aspect of the penalties. A MOTION WAS MADE BY CM EBERT TO AMEND THE ORDINANCE IN REGARD TO FIRST-TIME APPLICANTS FOR A DOG LICENSE. MOTION DIED FOR LACK OF A SECOND. The item was referred to staff for later discussion and possible ordinance amendment. CUP - SOUTHERN PACIFIC DEVELOPMENT CO. South Pacific Development Co. has applied for a CUP for construction of a retail commercial complex consisting of 30,929 sq. ft. super- market, retail stores and parking. CM EBERT MOVED TO ACCEPT THE RECOMMENDATION OF THE PLANNING COMMISSION, TO ADOPT A RESOLUTION CERTIFYING THE EIR AND CONDITIONALLY APPROVING THE CUP, SECONDED BY CM KAMENA. Mayor Turner commented that Southern Pacific is currently negotiating with Mr. Regan in regard to acquisition of his property to be added to the complex. Mayor Turner commended the staff on the information they had prepared on this item. /' Bert Foris, architect for the project, explained the plans and offered to answer any questions. Cm Staley expressed his concern with street access and traffic prob- lems which might be created by the high volume of traffic in the area. Livermore Avenue was noted as a particularly high volume street. He hoped the problems that had been created on "P" Street could be avoided here. CM-35-324 August 7, 1978 (Re CUP - Southern Pac. Development Company) Mr. Foris commented that the location of the supermarket was the direct cause of most of the traffic problems on "P" Street. In the development under consideration here the location of the supermarket is several hundred feet away from any of the major entrances to the property. Congestion in front of the market should not effect street access. He added there will be a median and a median break on Livermore Avenue. A lengthy discussion followed regarding traffic problems which might arise and practical solutions to them, both on Livermore Avenue and Railroad Avenue. Dan Lee, Public Works Director, said that the plan as submitted was workable. Cm Kamena expressed his disapproval of the unattractiveness of the loading area on the northwest edge of the property. He felt additional landscaping might improve the area. John Regan, Livermore, addressed the Council and expressed his approval of this type of use of the central core area but disapproved of the projected loss of 40 on-street parking spaces. He also dis- approved of the architectural design, preferring something more modern-looking. He then announced that the "Merchants Parking Lot" is being purchased by Southern Pacific, title to pass in December, 1978, subject to approval of all parties to the contract. He closed by making an urgent appeal to the City to pay for site work in accord- ance with prior policies, rather than strap the developer with the entire burden. Dan Lee, Public Works Director, explained the elimination of on-street parking on Livermore Avenue, Railroad Avenue, and "L" St. He stated that when the left turn lanes are added to enter the shopping center, they are going to take up the entire right-of-way with no room left for parking. The on-street parking issue was referred to staff, to be brought back to the Council with a recommendation. Earl Mason, representing the applicant, suggested that his client install and pay for the North Livermore Ave. signal light since it would be necessary immediately, with the understanding that the City install and pay for the "L" St. signal light when it is necessary and when money is available to pay for it. CM STALEY MOVED TO HAVE SOUTHERN PACIFIC PUT IN THE TRAFFIC LIGHT AT RAILROAD AND LIVERMORE, AND THE MEDIANS ON RAILROAD, AND TO DROP THE REQUIREMENT FOR A TRAFFIC SIGNAL AT "L" STREET. " \ Earl Mason pointed out that the Railroad Ave. medians may not be needed until Railroad Ave. is fully developed.. He suggested that only those medians adjacent to the property needed to be put in immediately. He added that Southern Pacific is willing to pay for everything that fronts their property, but should not be re- quired to pay for improvements that front on existing businesses such as those on Railroad Avenue. He also added that the City, in the past, has paid for the portions of the roadway beyond 36 ft. from the Developer's property line. Cm Staley commented that he felt the developer should pay for the medians adjacent to the property but not be required to put in the one on "L" Street north of Railroad Ave. CM-35-325 August 7, 1978 (Re CUP - Southern Pac. Development Co.) David Eller made several comments directed towards why the CUP should not be approved. He objected to the architecture, the location, the effect on surrounding businesses, the loading ramp, the effect on the Vinyard Shopping Center and to the City's requirements of the devel- oper in regard to street improvements. THE AMENDING MOTION WAS VOTED UPON AND PASSED UNANIMOUSLY. THE MAIN MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. (A resolution outlining fully all conditions will be prepared for later action.) PARCEL MAP APPROVAL DAN SPRUIELL A report was received from the Planning Commission in regard to Parcel Map No. 2614, 2 lots, submitted by Dan Spruiell. The Planning Com- mission recommended approving the Parcel Map, subject to all conditions, and that a Negative Declaration be filed. CM STALEY MOVED TO ADOPT THE PLANNING COMMISSION'S RECOMMENDATION, SECONDED BY MAYOR TURNER. THE MOTION PASSED UNANIMOUSLY. MUNICIPAL AIRPORT LEASE I . AND DEFAULT ON LEASE ~.. I; ,'r 1'/ -r .,,-,/ I If. The City Attorney recommended termination of the present lease and granting of the new requested lease. The Airport Committee also made some recommendation in regard to the building of T-hangars. CM STALEY MOVED TO ADOPT THE AIRPORT COMMITTEE'S RECOMMENDATION WITH REGARD TO THE T-HANGAR QUESTION AND SECONDLY, THE CITY ATTORNEY'S RECOMMENDATION WITH REGARD TO THE DEFAULT ON LEASE. SECONDED BY MAYOR TURNER. John Wagner, 1417 3rd St., stated that he would like to see the City set up criteria for consideration of alternatives when a potentially revenue producing decision is to be made. THE MOTION WAS PASSED UNANIMOUSLY, AND A RESOLUTION WAS ADOPTED. RESO. RE LEASE DEFAULT A resolution was adopted in regard to the Airport lease default. RESOLUTION NO. 214-78 A RESOLUTION DECLARING FORFEITURE IN INDUSTRIAL LEASE (Airport III) REPORT - STATE SURPLUS FUNDS FOR LARPD The Council was requested to approve a draft copy of a letter for transmission to the Alameda County Board of Supervisors recommending that LARPD share in the pro rata distribution of the state surplus. CM KAMENA MOVED THAT THE LETTER BE SENT, SECONDED BY CM STALEY, AND PASSED BY UNANIMOUS VOTE. r PUBLIC HEARINGS RE GP AMENDMENT AND THE RDP Public Hearings were requested in regard to 1) the proposed General Plan amendment, Housing Element/Public Facilities and Services Ele- ment, Low and Moderate Income Housing, and 2) proposed Residential Development Policy to implement the General Plan. CM KAMENA MOVED TO SET THE PUBLIC HEARINGS FOR AUG. 28, 1978, SECONDED BY CM EBERT AND PASSED UNANIMOUSLY. CM-35-326 August 7, 1978 REPORT - COMMUNITY DEVELOPMENT DIRECTOR A report was received from the Community Development Director in regard to a statement of Duties and Responsibi1ies of the Business and Professional Development Commission. CM KAMENA MOVED TO ADOPT THE REPORT, SECONDED BY CM EBERT. MOTION PASSED UNANIMOUSLY. REPORT - RE SCHOOL CROSSING GUARDS The City Attorney submitted a report in regard to new legislation authorizing school districts to assume responsibility for the hiring of school crossing guards. CM STALEY MOVED TO TRANSFER THE AUTHORITY FOR THE SCHOOL CROSSING GUARDS TO THE SCHOOL DISTRICT, SECONDED BY CM KAMENA. THE MOTION PASSED UNANIMOUSLY. SUMMARY OF ACTION - PLANNING COMMISSION A summary of action was received from the Planning Commission of the July 25th meeting. CONSENT CALENDAR Report - Contract Extension The City Manager's recommendation that the administrative services contract be extended was approved. Reso. - College Ave. Channelization A resolution was adopted regarding the College Ave. Channelization at Fourth Street" RESOLUTION NO. 215-78 A RESOLUTION AUTHORIZING ACCEPTANCE OF WORK AN AUTHORIZING AND DIRECTING THE RECORDING OF NOTICE OF COMPLETION RE (Project 77-34 - College Avenue) Reso. - Livermore Reconstruction Project The Council adopted a resolution regarding approval of program supplement for federal funding on the South Livermore Reconstruction Project. RESOLUTION NO. 216-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (State of California - Dept. of Transportation) ~ Reso. - Personnel A resolution was passed authorizing a disability retirement. RESOLUTION NO. 217-78 A RESOLUTION AUTHORIZING DISABILITY RETIREMENT (Brian Woodard) CM-35-327 August 7, 1978 (Re Consent Calendar) The Council adopted a resolution establishing salary ranges for the positions of Word Processing Typist; WRP Maintenance Mechanic Assis- tant; Director of Community Development; Survey Trainee (CETA). RESOLUTION NO. 218-78 A RESOLUTION OF THE CITY OF LIVERMORE AMENDING RESOLUTION NO. 158-78, FOR THE CLASSIFIED AND UNCLASSIFIED EMPLOYEES OF THE CITY OF LIVERMORE, ESTABLISHING RULES FOR ITS USE. Reports - Information Informational reports were received regarding: Status of Livermore Retail Business from the Community Development Director. Sanitary Sewer Reconstruction priorities - Public Works Dept. Planning Commission discussions re Rural Residential POlicy. Reso. - Denying Late Claims The Council adopted a resolution denying applications for leave to present late claims. RESOLUTION NO. 219-78 A RESOLUTION DENYING APPLICATION FOR LEAVE TO PRESENT LATE CLAIMS OF LINDA SILVEIRA AND JAMES ROBERSON Reso. re action of prior meetings A resolution was adopting granting a variance. RESOLUTION NO. 220-78 A RESOLUTION GRANTING A VARIANCE (Robert M. Candelario) The Council adoped a resolution setting the rates for Cablevision - Viacom. RESOLUTION NO. 221-78 A RESOLUTION AUTHORIZING A RATE INCREASE: Tele-Vue Systems, Inc. Michael Burger was appointed to the planning Commission. RESOLUTION NO. 222-78 A RESOLUTION CONFIRMING APPOINTMENT OF PLANNING COMMISSIONER (Michael J. Burger) A resolution was adopted regarding designation of Ancestral Trees on Pentecostal Bible College Site. / RESOLUTION NO. 223-78 A RESOLUTION DESIGNATING CERTAIN TREES AT 1885 COLLEGE AVENUE, COMMONLY KNOWN AS THE PENTECOSTAL BIBLE COLLEGE, AS ANCESTRAL TREES. CM-35-328 August 7, 1978 (Re Consent Calendar) Planning Commission Minutes - 6/20/78 & 6/27/78 Planning Commission minutes were submitted for the meetings of June 20, 1978 and June 27, 1978. Payroll and Claims There were 85 claims in the amount of $182,966.96 and 305 payroll warrants in the amount of $118.567.80, for a total of $301.534.66, dated 7/26/78, and approved by the City Manager. There were 98 claims in the amount of $229,337.64, and 293 payroll warrants in the amount of $111,709.87, less $290,000.000 transfer to savings, for a total of $631,047.51, dated Aug. 3, 1978, and approved by the City Manager. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM KAMENA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED WITH DELETION OF A REPORT ON THE STATUS OF THE MERCHANT'S PARKING LOT WHICH WAS REFERRED BACK TO STAFF. MATTERS INITIATED BY COUNCILMEMBERS Cm Ebert requested that the dog license issue be placed on the next agenda for discussion purposes. em Kamena requested that the LAVMA - Reclamation Project that he had requested be put on this week's agenda, be placed on next week's agenda. ADJOURNMENT MAYOR TURNER ADJOURNED THE MEETING TO AN EXECUTIVE SESSION AT 11:45 P.M. ~. APPROVE --=====--_ - Mayor ATTEST CM-35-329 Regular Meeting of August 14, 1978 A regular meeting of the Livermore City Council was held on August 14, 1978, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Turner at 8:10 p.m. ROLL CALL Present: Cm Ebert, Staley and Mayor Turner Absent: em Dahlbacka (business and vacation, excused); Cm Kamena absent at roll call, seated shortly thereafter. PLEDGE OF ALLEGIANCE Mayor Turner led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. MINUTES - 6/26/78 & 6/27/78 P. 277, line 45 should read: a potential conflict of interest P. 292, immediately before "LAS POSITAS FOLF" should read CM KAMENA WAS SEATED AT THIS TIME. CM EBERT MOVED TO APPROVE THE CORRECTED MINUTES OF JUNE 26, 1978, AND OF THE ADJOURNED REGULAR MEETING OF JUNE 27, 1978. CM STALEY SECONDED AND THE MOTION PASSED UNANIMOUSLY. OPEN FORUM Jim Davis, President of the School Board, expressed the Board's concern with the Council's action last week giving authority for the Crossing Guard Program to the Livermore Valley Joint Unified School District Board of Education. He added that no notice of the intended action was given to the Board of Education, and felt the Council action would greatly affect the safety of the school children in the district. Mayor Turner asked that the item be placed on the August 28th agenda for discussion. Kay Parra, 819 Brennan Way, submitted a petition requesting flag stops for the whole bus system and a bus stop in the Livermore High School vicinity. Mayor Turner indicated that the routes would be adjusted in 6 months after citizen and staff input and an opportunity for evaluation of the system. Jerry Wilverding, 4886 Primrose Lane, stated his concern with news- paper reports on Police Dept. roughness and harassment and suggested that the Police Dept. wasn't all it could be. Mayor Turner said he has talked to Chief Nelson and a meeting is being set up between the Police Dept. and the tavern owners to de- termine if there is a problem, and if there is, how it can be solved. em Ebert expressed his concern in this area and said he's spent much time with the Police Department recently since its become open season on the Livermore Police Dept. He felt the newspapers only reported what was reported to them and much of it was inaccurate PROCLAMATION RE MUSCULAR DYSTROPHY A proclamation was read by Mayor Turner naming Aug. 14-20 Muscular Dystrophy Week. Granada Bowl, Livermore, and the Pleasanton Jaycees will be sponsoring a Muscular Dystrophy Bowlathon on Sat., Aug. 19, to be kicked off by a bowling match between the Pleasanton and Liv- ermore City Councils. The proclamation was presented to Bob Smith, President of the Pleasanton Jaycees. CM-35-330 August 14, 1978 COMMUNICATION - LIVERMORE HERITAGE GUILD A letter was received from the Livermore Heritage Guild requesting support of their objection to the charge levied for space in the Carnegie Library building. Gary Drummond, representing the Heritage Guild, stated that the Guild was asking for relief from a $66 a month charge to operate a free museum in the City. Mayor Turner said his concern was whether the City should become involved with the Guild's dealings with the LARPD. Mr. Drummond asked f the City wants to support a free public museum in order to maintain local history, and gave a brief history of the museum and explained planned future expansion. He also ex- plained that the Guild has tried to maintain the museum through contributions from its membership and that the present charge will overextend their budget. em Staley commented that he did not think it appropriate for the City to take a position on this, since it is not within their sphere of influence or responsibility. He added he felt it inapprop- priate to express an opinion that affects, .another Board unless it's a shared responsibility and within their purview to grant or deny. It would put the elected officials of the LARPD in a difficult po- sition if another group of elected officials, such as the City Council, took a position on an issue that was solely within the LARPD's jurisdiction. Gary Drummond added that he felt the City had a responsibility to support the preservation of local history. In answer to a question from Mayor Turner, he said that the Duarte Garage would not be usable for several years, according to their architect. Janet Newton, 2131 Chateau Pl., stated that the Guild has a great need of a safe place to display valuable artifacts, someplace where they can also be studied. Mayor Turner asked the Guild to direct their request to LARPD since they control the building in question. A letter was received from R. L. Whitman, United California Brokers in regard to lots of record and sewer allocations. This item will be discussed at the public hearing on RDP to be held on Aug. 28, 1978. COMMUNICATION - PUC There will be a PUC hearing on August 16 to provide an opportunity to present statements and evidence concerning the street lighting issue and ability to pay costs. City staff will attend. COMMUNICATION - LAFCO The Local Agency Formation Commission notified the City that a hearing will be held in early spring on the reconsideration of Livermore's Sphere of Influence. This will be a regular review and staff will attend. CITY MANAGER'S REPORT Ed SChilling, Assistant to the City Manager, reported on the first day of operation of the Rideo Bus System. Service will be free to all users of the bus system for the first week of operation. The formal opening is set for next Monday evening, Aug. 21, at 5:00 p.m. CM-35-331 August 14, 1978 (City Manager's Report) George Nolan, Acting City Manager, gave the remainder of the report. A joint LARPD - School District - City Council meeting has been tentatively scheduled for 7:30, Sept. 14, 1978. A series of press releases have been proposed by the Community Develop- ment Director and the Industrial Advisory Committee to keep the commun- ity informed on the progress being made in attracting new business and industry. There will be a joint Planning Commission - City Council study session at 8:00 p.m., August 15, 1978 in the Municipal Court Building. A letter was received from William Parness requesting postponement of his resignation as City Manager until August 15, 1978.Mr. Nolan added that Mr. Parness's insurance will continue until Sept. 15 plus an addi- tional 30 days as requested by Mr. Parness. MAYOR TURNER MOVED TO ACCEPT MR. PARNESS'S RESIGNATION, EFFECTIVE AUGUST 15, 1978, SECONDED BY CM EBERT. MOTION WITHDRAWN. CM EBERT MOVED TO HAVE MR. NOLAN CONFIRM MR. PARNESS'S RESIGNATION DATE SECONDED BY MAYOR TURNER. MOTION PASSED UNANIMOUSLY. The Public Works Department has announced that the project to replace the turf in the Murrieta Blvd. medians with low maintenance ground cover, is almost completed. Mr. Nolan requested that Item 5.7 on the agenda regarding a report on the antenna for the Administration Building be postponed to next week. SOUTHFRONT ROAD WATER DEVELOPMENT Discussion continued on this item which was continued from the meeting of August 7. Cm Kamena asked if some consideration could be given to the City contributing a higher share for the installation of the water line thereby reducing the initial cost to the applicant, and then have the City recoup the cost over a period of time when a benefit district would be formed. He added that he was under the impression that there was another industry interested in coming into the area which if true would reduce the cost to the initial applicant. Cm Staley said he felt obligated to support the City Water System but lack of money seemed to prevent the City servicing this partic- ular area at the present time. He felt the City should find a way to develop the City water system in the area without prohibitive cost to the developer. Bob Tiecke, Cal Water Service, pointed out that the agreement drawn up between the City and Cal Water Service was merely an interim agreement in order to allow time to resolve the service area question. He suggested approving the agreement as drawn up and resolving the service area question later. Earl Mason, representing the applicant, added that the interim agree- ment will allow a medium-sized industry to locate here at nominal cost which, if the industry pro~pers~will greatly benefit the city. Gary Reiners, City Attorney, said that the intention of the contract is to preserve the City's legal rights in the area, but added that the City would lose a practical aspect, that of dropping the requirement that the industry put pipe in the ground that would become part of the City system. CM-35-332 August 14, 1978 (Re South front Development) Manny Gorland, Community Development Director, stated that there were no assurances that the second industry will locate in this area since they are looking at other sites, too.. He added that the Bean Co. can't wait much longer for a decision to be made. Mayor Turner commented that the Council had been discussing this issue for three months without making a great deal of progress and if much more time is spent on it, the City may lose the industry. Cm Kamena added that he was interested in preserving the City's water company, attracting industry to Livermore, and resolving this particular Rroblem amicably. Dan Lee, Director of Public Works, said there is enough money in the municipal enterprise account to be able to have the City extend 2/3 of the cost of the water line, leaving only 1/3 for the devel- oper, but that it would not leave much reserve. He added that most of the money would be recovered when a benefit district is set up. Cm Staley said that he would like to see the city water service area protected and expanded to it's fullest capabilities for the benefit of the citizens. He would also like to see the develop- ment go in without undue cost. He proposed the City put in the water line, form the benefit district, and have the developer participate in the benefit district. em Ebert commented that it would be a waste of taxpayer money for the city to put in a waterline when there is already an existing waterline. A MOTION HAD BEEN MADE AT THE AUGUST 7TH MEETING BY CM EBERT, SECONDED BY MAYOR TURNER TO ACCEPT THE STAFF'S RECOMENDATION TO ADOPT A RESOLUTION AUTHORIZING EXECUTION OF CONTRACT. THE MOTION STILL BEING ON THE FLOOR IT WAS NOW VOTED ON AND RECEIVED THE FOLLOWING VOTES: AYES: CM EBERT, MAYOR TURNER; NOES: CM KAMENA AND STALEY. MOTION FAILED. CM STALEY MOVED TO HAVE THE CITY FORM A BENEFIT DISTRICT AND CONSTRUCT THE PIPELINE ON SOUTHFRONT ROAD, THE CITY'S PARTICI- PATION INITIALLY TO BE 2/3, WITH THE DEVELOPER TO BEAR THE REMAIN- ING 1/3, AND PROVISION TO BE WORKED OUT BY STAFF TO REIMBURSE THE DEVELOPER AND BUY HIM OUT OF HIS INTEREST IN THE BENEFIT DISTTIVY. CM KAMENA SECONDED THE MOTION AND VOTING WAS AS FOLLOWS: AYES: CM KkMENA AND STALEY; NOES: CM EBERT AND MAYOR TURNER. MOTION FAILED. Manny Gorland indicated that the developer has already sold his existing structure and cannot wait for a benefit district to be set up. Dan Lee stated the pipe line could be built as fast as the developer could put up his building, and the benefit district formed later. Mayor Turner said he would be in favor of that solution except that it would take all the City's available money to build something which didn't really need to be built. em Staley pointed out that the existing line could serve the industry that is presently going in, but that a larger line would have to be put in eventually as the area develops. em Kamena suggested the possibility of the City buying the existing Cal Water line after approval of the contract. CM-35-333 August 14, 1978 (Re South front Development) A MOTION WAS MADE BY MAYOR TURNER AND SECONDED BY CM KAMENA TO ADOPT A RESOLUTION AUTHORIZING EXECUTION OF CONTRACT. THE MOTION PASSED 3-1 WITH CM STALEY DISSENTING. RESO. - SOUTHFRONT DEVELOPMENT The Council adopted a resolution authorizing execution of an agreement with Cal-Water to service the South front Road Area. RESOLUTION NO. 224-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (California Water Service Company) DOG LICENCE PENALTIES Cm Ebert suggested that no penalties be charged during the months of January and July for dogs not previously licensed in Livermore. The consensus of the Council was to direct the staff to prepare an ordinance declaring the months of January and July as penalty free months for licensing dogs which should have had prior licensing. REPORT - MERCHANT'S PARKING LOT Mr. Nolan reported that the County Administrative Office's staff will recommend to the County that they continue their participation in the Merchant's Parking Lot at least until Dec. 1, 1978. He added that when the County paid the Parking Lot fees last July they did not pay the increased amount which the City had asked them to pay, creating a shortfall in the parking fund which handles the lease payment. This could be handled by absorption or by continuing the surcharge for an extra month. BUSINESS LICENCE TRANSFER SIDE POCKET BILLIARDS An application for a business license transfer has been made by The Side Pocket Billiards. The required fee has been paid, and the Police Department recommended approval. CM STALEY MOVED TO APPROVE THE TRANSFER, SECONDED BY CM KAMENA. MOTION PASSED UNANIMOUSLY. CITY PROPERTY - AIRWAY BLVD. A request has been recieved by the City for permission to lease city- owned property between Airway Blvd. and I-580. CM STALEY MOVED TO REFER THE ITEM TO THE PLANNING COMMISSION, AIRPORT ADVISORY COMMITTEE AND THE INDUSTRIAL ADVISORY BOARD FOR THEIR COM- MENTS. IT WAS SECONDED BY CM KAMENA AND PASSED UNANIMOUSLY. Cm Kamena expressed his concern that referral to all the committees and Boards might be too lengthy a process for the prospective leasee. Manny Gorland pointed out that the company was only interested in leasing if the City would set the original term at no less than 35 years with an option to extend beyond that for an additional 20 years. LARPD PROJECT CHANGE A request was received from the LARPD asking Council approval for a change of projects funded by the State Bond Act monies. CM-35-334 August 14, 1978 (Re LARPD Project Change) MAYOR TURNER MOVED TO ADOPT A RESOLUTION APPROVING THE CHANGE, SECONDED BY CM KAMENA. MOTION PASSED UNANIMOUSLY. RESOLUTION NO 225-78 A RESOLUTION DELETING 1976 STATE GRANT APPLICATION FOR OAK KNOLL PIONEER MEMORIAL PARK PROJECT, REVISING PLEASURE ISLAND PARK PROJECT, AND APPROVING ADDITIONAL APPLICATION FOR MAY NISSEN COMMUNITY PARK SITE PLAN REVIEW CIVIC CENTER The "Site Utilization Plan" has been completed by the Civic Center landscape architect and it was recommended that it be referred to the Design Review Committee and the Beautification Committee CM KAMENA SO MOVED WITH THE HOPE THAT MINIMUM MAINTENANCE PLANT- INGS BE CONSIDERED, SECONDED BY CM EBERT. MOTION PASSED UNANI- MOUSLY. REPORT - LAVWMA WATER RECLAMATION STUDY Cm Ebert expressed concern that according to the report from the Public Works Director, the City's share of the cost of the "Wastewater Reclamation/Reuse" study would be around $30,000. He asked that the report be sent back to the Public Works Director for added information regarding costs, Zone 7 participation and benefit to the City. Dan Lee, Public Works Director, stated that Zone 7 supports the study, as does Dublin, San Ramon and Pleasanton, and added that the cost to the City is small compared to the bene- fits to be gained. Cm Kamena said that the City has new priorities in the wake of Proposition 13, that the cost of the study has escalated in the past two years, and that he felt the subject had been studied on a smaller scale already. He recommended that the study be terminated. Mayor Turner commented that he felt the study should not be terminated at this time, because this study was needed to con- tinue the Reclamation Program in the City of Livermore. He felt Phase I should be completed. Cm Ebert asked if some of the financial data could be broken out of the report for ease of reference. Cm Staley commented that Cm Dahlbacka has called to express his concern about spending $37,000 at this time but that he desired the Phase 1 information and lacked other background information at this time. Mayor Turner said that the original vote of the Council in this issue commited only $3,000 of City funds. em Kamena suggested that Zone 7 should be involved to the full extent that they are willing, if the project is continued. He added he had received a letter from the Project Coordinator of Reclamation Studies in California for the Water Quality Control Board felt that the study was not essential at this time. CM KAMENA MOVED TO INSTRUCT THE LAVWMA DELEGATES AND ALTERNATES TO MOVE FOR RECONSIDERATION OF THE STUDY; AFTER SUCH RECONSIDERATION, TO VOTE TO NOT PARTICIPATE IN THAT STUDY EXCEPT FOR PHASE I AND THEN ONLY IF ON A PRO RATA BASIS. CM EBERT SECONDED AND THE MOTION PASSED UNANIMOUSLY. CM-35-335 August 14, 1978 APPOINTMENT - LAVWMA ALTERNATE CM STALEY MOVED TO CHANGE THE DESIGNATED ALTERNATE TO LAVWMA, SECONDED BY CM KAMENA, AND PASSED UNANIMOUSLY. MAYOR TURNER MOVED TO REMOVE CM EBERT AS THE ALTERNATE TO LAVWMA, TO BE REPLACED BY CM KAMENA, EFFECTIVE IMMEDIATELY. THE MOTION WAS SECONDED BY CM STALEY AND PASSED UNANIMOUSLY. REPORT - ECHO WEATHERIZATION PROJECT Mayor Turner said that he understood the Council had placed the project in abeyance at a previous meeting. CM STALEY MOVED TO TERMINATE THE PROJECT, SECONDED BY MAYOR TURNER, AND THE MOTION PASSED UNANIMOUSLY. REPORT - PWD A report by the Public Works Director regarding an antenna fOr the Administration Building was postponed since it was not at this time ready for presentation. CUP & PUD BLUEBELL DRIVE The Planning Commission submitted a report in regard to to CUP/PUD application by Steve Riggle for 1135 Bluebell Dr. CM STALEY MOVED THAT IT BE SET FOR HEARING ON SEPT. 11, SECONDED BY CM KAMENA. MOTION PASSED UNANIMOUSLY. PLANNING COMMISSION SUMMARY A summary of action was received for the Planning Commission meeting of August 18, 1978. CONSENT CALENDAR Reso. re Amendments to Contracts The Council adopted a resolution authorizing the original termination date of September 30 for the CETA sustainment program. RESOLUTION NO. 226-78 A RESOLUTION AUTHORIZING RESCISSION OF CONTRACT TERM A resolution was adoped regarding funding for the month of July for the Status Offender Project (Horizons). RESOLUTION NO. 227-78 A RESOLUTION AMENDING CONTRACT (HORIZONS) Reso. - Tent. PM 2614 A resolution confirming action taken at the August 7th meeting was adopted approving a Tentative Parcel Map 2614 - Dan Spruiell. RESOLUTION NO. 228-78 A RESOLUTION APPROVING TENTATIVE PARCEL MAP 2614 CM-35-336 August 14, 1978 (Re Consent Calendar) Reso. - ESIS Contract Reflecting action taken at the August 7th meeting, the Council adopted a resolution authorizing an amendment of the City's contract with ESIS. RESOLUTION NO. 229-78 A RESOLUTION AUTHORIZING AMENDMENT OF CONTRACT WITH EMPLOYER'S SELF INSURANCE SERVICE, INC. Reso. Awarding Bid The Council awarded a bid on the South J Street Sanitary Sewer Reconstruction, Project 77-40 to Manuel C. Jardim, Inc. RESOLUTION NO. 230-78 A RESOLUTION AWARDING BID The Council awarded a bid for hot mix asphalt for street repairs, to Industrial Asphalt. RESOLUTION NO. 231-78 A RESOLUTION AWARDING BID Reso. re Special Assessment districts The Council adopted 6 resolutions providing for each special assessment district 1978-79 levy to be collected by Alameda Co. annual tax bill. RESOLUTION NO. 232-78 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY (Murrieta Boulevard Assessment District No. 1967-1) RESOLUTION NO. 233-78 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY (Portola Avenue Assessment District No. 1966-2) RESOLUTION NO. 234-78 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY (Lincoln Shopping Center Assessment District No. 1963-1) RESOLUTION NO. 235-78 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY (Wagoner Farms Assessment District No. 1962-3) RESOLUTION NO. 236-78 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY (Northern Water Assessment District No. 1962-2) RESOLUTION NO. 237-78 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY (Railroad Assessment District Series 1974-1) CM-35-337 August 14, 1978 (Re Consent Calendar) Reso. Rejecting Claim RESOLUTION NO. 238-78 A RESOLUTION REJECTING THE CLAIM OF MAJOR A. SPENCE, JR. Report - HCD Block Grant The Council approved a memorandum report from the City Manager in re- gard to HCD Block Grant budget revision and instructed staff to send a copy to the County detailing the changes. Report - Mayor's Formula Funding The Public Works Director informed the Council that the City has applied for funds from the County under the Mayor's Formula Funding for the 1978-79 fiscal year. Minutes - P.C. Meetings 7/11/78 & 7/18/78 The Planning Commission meetings minutes of July 11 and 18, 1978 were noted for filing. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. MATTERS INITIATED BY COUNCILMEMBERS (Meeting Notification) Cm Staley asked for faster notice to Councilmembers when meeting dates are set or changed. (Elected Mayor) Cm Staley asked for a Council discussion regarding the job descrip- tion and salary for the directly elected Mayor's position. (Minutes Reconsideration) Cm Kamena requested two changes in the minutes of 6/26/78 and 6/27/78. These have been noted on page 330. INTRO. OF ORD. RE MUNIC. CODE AMENDMENT ON MOTION OF CM STALEY, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, AN ORDINANCE AMENDMENT RELATIVE TO ACCIDENT REPORTS, WAS INTRODUCED AND READ BY TITLE ONLY. INTRO. OF ORD. RE ZONING ORD. AMENDMENT ON MOTION OF CM STALEY, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE ORDINANCE AMENDMENT RELATIVE TO THE HOFMANN COMPANY PUD DISTRICT WAS INTRODUCED AND READ BY TITLE ONLY. CM-35-338 August 14, 1978 ADJOURNMENT ATTEST There being no further business before the Council, was adjourned by Mayor ~~ 11:15 p.m. APPROVE . C (~ -$i---1.-<~ ~ Mayor ok~~_8~~ J: Y Cler L ore, California the meeting ~ Regular Meeting of August 21, 1978 A regular meeting of the Livermore City Council was held on August 21, 1978, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Turner at 8:15 p.m. ROLL CALL Present: Cm Ebert, Staley and Mayor Turner Absent: Cm Dahlbacka (excused for business & vacation) Cm Kamena (excused for vacation) PLEDGE OF ALLEGIANCE Mayor Turner led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. MINUTES There were no minutes submitted for approval. OPEN FORUM No one wished to speak during the Open Forum. COMMUNICATION SEN. HOLMDAHL A letter was received for Senator John Holmdahl aCknowledging receipt of our Communication in regard to AB3793, advertising or ordinances. It was noted for filing. COMMUNICATION RE BAY-DELTA PLAN A communication was received from Contra Costa County regarding the final EIR, Bay-Delta Plan. It was noted for filing. NOTIFICATION - P.G. & E. Notification was received from Pacific Gas & Electric Co. of the filing of an application for certificate of public convenience and necessity regarding Tesla-Lawrence 230 KV Line. Note and file. CM-35-339 August 21, 197t:J COMMITTEE RESIGNATIONS Resignations were received from the following: Energy Conservation COInnlittee Beautification Committee Airport Advisory Committee - Joseph Cherb Larry Beard - Harry Silcocks - Charles J. Brown The resignations were accepted and the Clerk directed to send a letter of appreciation to all.ONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, BUILDING CODE CITY MANAGER'S REPORT The report was given by Acting City Manager, George Nolan. Work is continuing on the Las positas Golf Course; the #9 green will be seeded this week with the #14 green to be done next. The greens rebuilding program should be completed in 2~ months. The crosswalk striping should be completed by the time school opens. Framing and steel work in continuing at the City Administration Building and the interior work has been started. Revenue operations for the Rideo Bus System started today. The City staff has made arrangements with the Patchett Bus Co. to de- liver the coins that are collected directly to Wells Fargo Bank. On CETA, Round III, the City has been advised that the projects now under way, may be extended if justification is received for up to a total of 12 months from the original date of the hire of the worker. Alameda County will continue to fund the Horizon program through August and Federal funding has been approved for the remainder of the year. Chief Nelson is in the process of arranging a meeting with the owners of all the Livermore bars and taverns to be held sometime next week for a discussion of any problems which may exist. HEARING - CETA PROJECTS, ROUND IV PROPOSALS The Social Concerns Committee and the Council had met prior to the regular meeting to discuss and evaluate the projects. It was de- cided that the Committee wished to further consider some of the projects and September 11 (later changed to Sept. 7) was set as the date for Council to decide on the final recommendation. Hal Adams, respresenting LARPD, indicated that the District had requested 3 projects, a senior citizen assistance project, Ravenswood Historical Site Program Development and a Neighborhood Park Development Renovation project. Both the Ravenswood and parks are of interest to the City since they are on City owned property. Elizabeth Platt, speaking for Valley Child Care, indicated their project is to serve low income parents, increasing their skills in parenting. Once set up, it can be kept funded. Ken Crosswell, 1021 Lakehurst Rd., indicated his problem with trying to evaluate applications that are not properly filled out. He is a representative on the MAC Board. CM-35-340 August 21, 1978 TRACT 4005 - SUNSET DEVELOPMENT CO. The final tract map is now ready for acceptance. The agreement has been signed, bonds furnished, fees paid and ON MOTION OF CM STALEY, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, THE FOLLOWING RESOLUTIONS WERE ADOPTED: RESOLUTION NO. 239-78 RESOLUTION ACCEPTING AGREEMENT AND BONDS FOR IMPROVEMENTS TO TRACT 4005 RESOLUTION NO. 240-78 RESOLUTION APPROVING MAP OF THE SUBDIVISION OF TRACT 4005 REPORT - EXTERIOR NOISE SYSTEMS A report has been prepared by Howard Nies, Planning Director, regarding stationary exterior noise systems for commercial and industrial uses. Since Cm Kamena was particularly interested in this report, it was decided to set the matter for discussion at a later time when all members of the Council are present. INTERIOR DESIGN SERVICES ADMINISTRATION BUILDING Assistant to the City Manager Ed Schilling prepared a report on the interior design services for the Administration Building outlining the design services needed for the open space design which has been established as the one to be used in the City's new offices. Seven firms were solicited and it is recommended that Western Contract Design Group be selected. ON MOTION OF CM STALEY, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE THE STAFF WAS AUTHORIZED TO DRAW A CONTRACT WITH WESTERN CONTRACT DESIGN GROUP AT $30 PER HOUR NOT TO EXCEED $3,600. REPORT - WALL SYSTEMS - MULTI-SERVICE CENTER Ed Schilling reported on the partition system required by HUD as a part of the Center design. It is recommended that a change order be given to Paxton Construction in the amount of $31,063 to build and install 17 partition units and one reception counter unit; and to instruct the staff to inform Alameda County of the modification to the HCD Block Grant Budget reducing the contingency from $35,262 to $25,199. ON MOTION OF CM EBERT, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE THE STAFF WAS AUTHORIZED TO PREPARE THE CHANGE ORDER AND INFORM THE COUNTY OF THE REDUCTION IN THE CONTINGENCY AMOUNT. SET HEARING - E.I.R. WATER RECL. PLANT, PHASE IV A hearing must be set for receipt of comments regarding the E.I.R. for the Phase IV Water Reclamation Plant expansion project. ON MOTION OF CM STALEY, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE THE HEARING WAS SET FOR SEPTEMBER 11, 1978. CM-35-341 August 21, 1978 CONSENT CALENDAR Reso. re So. L St. Reconstruction A resolution was adopted accepting completion of work on the So. "L" St. Reconstruction Project. RESOLUTION NO. 241-78 A RESOLUTION AUTHORIZING ACCEPTANCE OF WORK AND AUTHORIZING AND DIRECTING THE RECORDING OF NOTICE OF COMPLETION RE Project 76-13: South L Street Reconstruction Fifth to College Reso. Re CUP - Southern Pacific Development Co. Confirming a decision made at the meeting of August 7th, a resolution was adopted approving the Southern Pacific Development Co. Conditional Use Permit. RESOLUTION NO. 242-78 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (Southern Pacific Development Co.) Consent Calendar Deletion Item 6.3, a resolution regarding amendment of the Consent Calendar action policy was removed for action at the next meeting. Warrants There were 134 claims in the amount of $390,623.63, dated Aug. 17, 1978 and approved by the City Manager. CONSENT CALENDAR APPROVAL ON MOTION OF CM STALEY, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED WITH THE DELETION OF ITEM 6.3. MATTERS INITIATED BY STAFF AND COUNCILMEMBERS Cm Staley indicated he would be on vacation for the meeting of August 28th and should be excused, also that he would present the Council's view on ECHO to the ACTEB Board at the next meeting. Mayor Turner questioned the lack of a bus stop at Livermore High School and asked the staff to investigate. He also asked about the possibility of bike racks on the buses. Public Works Director Dan Lee reported that the compromise design of the radio tower has been worked out to the satisfaction of the Design Review Committee and the staff. ORDINANCE RE ZONING ORDINANCE AMENDMENT ON MOTION OF CM STALEY, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE THE ORDINANCE AMENDMENT RELATING TO THE COMMENCEMENT DATE FOR DEVEL- OPMENT AT MURDELL LANE AND E. STANLEY BLVD. WAS ADOPTED. ORDINANCE NO. 962 AN ORDINANCE AMENDING ORDINANCE NO. 442, THE ZONING ORDINANCE OF THE CITY OF LIVERMORE AS AMENDED, TO EXTEND THE TIME FOR DEVELOPMENT IN THE HOFMANN COMPANY PLANNED DEVELOPMENT DISTRICT CM-35-342 August 21, 1978 ORDINANCE RE MOTOR VEHICLES ACCIDENT REPORTS ON MOTION OF CM STALEY, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE ORDINANCE RELATING TO MOTOR VEHICLES AND TRAFFIC, ACCIDENT REPORTS, WAS ADOPTED. ORDINANCE NO. 963 AN ORDINANCE AMENDING SECTION 13.7, RELATING TO ACCIDENT REPORTS, OF CHAPTER 13, RELATING TO MOTOR VEHICLES AND TRAFFIC, OF THE LIVERMORE CITY CODE, 1959. PROPOSED ORDINANCE - DOG LICENSE FEES, PENALTIES An ordinance had been prepared regarding license penalties. However, there were some concerns expressed by Cm Ebert, and the City Attorney mentioned that the Animal Control Officer had some proposed changes for the Council's review. It was de- cided not to introduce the ordinance as prepared, but to await the revised version. ADJOURNMENT There being no further business to come before the City Council the meeting was adjourn ATTEST Mayor ^ · :kt. j ~~iJ~ ~2;- y lerk Liv rnre, California APPROVE CM-35-343 Regular Meeting of August 28, 1978 A regular meeting of the Livermore City Council was held on August 28, 1978, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Turner at 8:05 p.m. ROLL CALL Present: Cm Dahlbacka, Ebert, Kamena and Mayor Turner Absent: Cm Staley (excused for vacation) PLEDGE OF ALLEGIANCE Mayor Turner led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. MINUTES - 7/10/78 & 7/14/78 ON MOTION OF CM DAHLBACKA, SECONDED BY MAYOR TURNER AND UNANIMOUSLY PASSED THE MINUTES OF JULY 10, 1978 AND OF THE SPECIAL MEETING OF JULY 14, 1978 WERE APPROVED AS SUBMITTED. OPEN FORUM Don Miller, 2862 Waverley, stated his concern with projected popu- lation increases in the Valley adversely affecting the air quality situation. He said population increases are inconsistent with the goal of achieving clean, healthy air, and that public officials are elected to protect the public health, welfare and safety. em Ebert responded by saying that he personally did not feel he needed a lecture on public responsibility and that Mr. ~1iller's comments were out of order because air quality would be included in the discussion on Item 1.1 of tonight's agenda in regard to the Residential Development pOlicy. PUBLIC HEARING RE RES. DEVEL. POLICY Cm Dahlbacka noted that the City of Boulder, Colorado has one of the best low/moderate income housing plans in the country and asked that the staff obtain a copy from the League of California Cities. The Public Hearing was opened to take evidence regarding the General Plan proposed amendment on Residential Development policy. Clarence Hoenig, 588 Tyler Ave., asked if the RDP had been sent to the Calif. State Dept. of Housing and Community Development for their approval. Gary Reiners, City Attorney, explained that the City Staff does work with the Dept. of Housing and Community Development but does not routinely submit policy decisions to them for approval and he did not recommend doing so. Don Miller, 2862 Waverley Way, mentioned some issues he would like the Councilmembers to think about. He urged elimination of pre-zoning, deletion of the concept of future year allocations, the existence of school space prior to development being permitted. He also stressed incorporating energy conservation factors in new housing. Mike Farley, representing Kay Building Co., asked if there could be an accelerated process for review of projects during the remainder of 1978 that will result in building allocations for 1979. Mayor Turner commented that this problem is being addressed by the Planning Commission since they, too, are interested in maintaining a stable housing industry. CM-35-344 August 28, 1978 (Re Public Hearing - RDP) Jerry Wilverding, 4886 Primrose Lane, stated that LAFCO has nega- tively influenced growth in that the City has refused to pre-zone land that is contiguous to the City. Cm Dahlbacka commented that the City's General Plan, which justifies general land use, should be sufficient assurance for property owners who are contiguous to the City. CM KAMENA MOVED THE PUBLIC HEARING BE CONTINUED TO SEPT. 18, SECONDED BY CM DAHLBACKA. Mayor Turner explained that neither Howard Nies nor Cm Staley could be here tonight and both had comments they wanted to add to the Public Hearing. Also Cm Dahlbacka wanted the staff to review the Boulder Plan. em Kamena felt enough time had been given this item and that the public hearing should be closed. THE MOTION WAS VOTED ON AND FAILED TO PASS. CM KAMENA MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY CM EBERT. THE MOTION PASSED 3-1, CM DAHLBACKA DISSENTING. MAYOR TURNER MOVED TO SET THE ITEM FOR CONSIDERATION FOR THE MEETING OF SEPT. 18, SECONDED BY CM KAMENA, AND PASSED UNANIMOUSLY. PUBLIC HEARING - GENERAL PLAN AMENDMENT Mayor Turner opened the Public Hearing. Proposed is an amendment to 1) encourage rather than require that a minimum of 10% of the housing units in each proposed new development be low/moderate income housing; 2) possible deletion of "in lieu" fee provision to support low/moderate income housing; 3) possible deletion of the requirement that, by "ordinance" the City will define low/moderate income housing. em Ebert expressed his dissatisfaction with the complicated language in the staff reports and in the documents themselves and requested that they be rewritten in plain English. He also felt the fees mentioned in the reports to be prohibitively high. IvIayor Turner asked what effect changing the wording from "require" to "encourage" would have on the Housing Task Force final report which was also on tonight's agenda. Gary Reiners, City Attorney, said it would have tremendous impact because it would totally eliminate coersion, literally pulling the teeth out of the Housing Task Force's recommendations. Jim Davis, President of the School Board, asked clarification of how the facilities fee dedication as set up in Ordinance 961 will be affected by this amendment. Gary Reiners, City Attorney, said it will have no impact on it at all. Bonnie Howard, League of Women Voters, urged the Council to retain the original wording and opposed the recommendation to amend the General Plan by substituting the word "encourage" for "require". Clarence Hoenig, 588 Tyler Way, also urged the Council to retain the original wording since it reflected a great deal of citizen input at the time the General Plan was established. C~1-35-345 August 28, 1978 (Re Public Hearing - Gen. Plan Amendment) Mr. Hoenig added that the Housing Task Force has from the beginning urged dwelling units rather than fees, which are preferred. Don Miller, 2862 Waverley Way, stated that he supported the positions of the League of Women Voters and the Housing Task Force. He added that he was disappointed in the report from the City Attorney's office feeling that it reflected the builder's point of view rather than the City's interests. CM EBERT MOVED TO CONTINUE THE PUBLIC HEARING TO SEPT. 18 TO ALLOW THE STAFF TO DO A MORE COMPREHENSIVE REPORT REGARDING INPACT OF EACH INDIVIDUAL ITEM SO THAT THE PUBLIC IS WELL-INFORMED, SECONDED BY MAYOR TURNER. Jack Ludemann, 2504 Superior Dr., said someone has to define what low-cost housing is in Livermore. He added that quite often the home- owners in a particular area do not want low-cost housing in their neighborhood. MOTION PASSED UNANIMOUSLY. RESIGNATION - SOCIAL CONCERNS COMMITTEE The resignation of Judith Turner from the Social Concerns Committee, effective September, 1978, was accepted, a letter of appreciation to be sent by the City Clerk. COMMUNICATION RE ATTIC FANS A letter from J. Nelson Jones commenting on attic fans was referred to the Energy Conservation Committee for answer to technical points to be discussed in 6 weeks. COMMUNICATION - CITY OF SAN LEANDRO The City of San Leandro is urging Alameda County Solid Waste Management Board to come to an early decision regarding constructive solid waste management. The item was referred to em Dahlbacka, probably to be dis- cussed at a later date. CITY MANAGER'S REPORT The City Manager's report was given by Acting City Manager, George Nolan. The poles for the traffic signals at Second and "L" St. are being in- stalled this week, and the signals should be operational within two weeks. The East Avenue overlay project has been completed by Alameda County. This was a cooperative project between the City and the County. The planning Commission has approved a 189 lot subdivision, 50 lots unconditionally, which will probably come before the Council at the Sept. 11 meeting. (CITY MANAGER'S RESIGNATION ACCEPTED) CM KAMENA MOVED TO ACCEPT WITH THANKS THE CITY MANAGER'S RESIGNA- TION EFFECTIVE 8/31/78, AND THAT HE CONTINUE ON SICK LEAVE UNTIL THAT TIME. MOTION WAS SECONDED BY CM DAHLBACKA AND PASSED UNANI- MOUSLY. Mayor Turner referred the matter of vacation pay to Ann Duncan, Personnel Director. CM-35-346 August 28, 2978 (Re City Manager Report) The Police Department held their bike auction this past weekend. The volunteer help was greatly appreciated and kept the cost of the auction low. The Police Department will be conducting a small-scale Back To School Safety Program over the next two weeks, through the newspapers reminding the public that school will be opening on September 6 and to drive carefully. HOUSING TASK FORCE FINAL REPORT Since this report will be impacted by Council's decision on Item 1.2 (The General Plan Amendment) CM EBERT MOVED THAT THIS ITEM BE PUT OVER TO SEPT. 18, FOR DIS- CUSSION ALONG WITH ITEM 1.2, SECONDED BY CM KAMENA. Clarence Hoenig, 588 Tyler Ave., pointed out that Items III and IV of the report do not relate to the proposed General Plan Amendment and could be discussed tonight. ~1ayor Turner requested that Item III be put on the Housing Authority agenda for discussion and recommendation. CM KAMENA MADE AN AMENDING MOTION TO ACCEPT THE HOUSING TASK FORCE'S RECOMMENDATION REGARDING ITEM IV AND TO ASK THE CITY ATTORNEY AND CITY MANAGER'S OFFICES TO PREPARE A ~mTHOD OF IMPLEMENTING IT.- CM DAHLBACKA SECONDED THE MOTION. Cm Ebert stated his opposition to constituting another committee. Rae Dorough, 614 Escondido Circle, commented that the Task Force report was the result of a lot of serious thought, time and diversity. Cm Kamena felt that the City owed a great deal to the volunteerism and expertise presented to it by concerned and interested citizens. THE AMENDING MOTION PASSED 3-1, CM EBERT DISSENTING. THE MAIN MOTION PASSED UNANIMOUSLY. CONTINUED DISCUSSION - SCHOOL CROSSING GUARDS After a short discussion by the Councilmembers CM KAMENA MOVED TO CONTINUE UNINTERRUPTED FUNDING FOR ~ YEAR TO 2/1/79 AND TO ASK THE MAYOR TO APPOINT A SUBCOMMITTEE OF TWO COUNCILMEMBERS TO CONTINUE THE STUDY AND WORK WITH ANY SUB- COMMITTEE THE SCHOOL BOARD MAY WISH TO ESTABLISH FOR THE PURPOSE OF MAKING A JOINT RECOMMENDATION BEFORE 2/1/79. Jim Davis, President of the Board of Education, stated that the Council's decision on the crossing guards hit the Board like Proposition 13 did, creating an implementation time problem. He said he felt the responsibility for school safety should rest with the City and that continued discussions might help resolve the problems. He expressed his appreciation for the continued funding to 2/1/79. THE MOTION WAS SECONDED BY CM DAHLBACKA AND PASSED UNANIMOUSLY. Cm Kamena and Ebert volunteered to be the Council's representa- tives on the joint subcommittee. CM-35-347 August 28, 1978 CIVIC CENTER LANDSCAPING The Site Utilization Plan for the Civic Center landscaping was referred at a previous meeting to the Design Review and Beautification Commit- tees for their review and recommandations. CM KAMENA MOVED TO ACCEPT THE RECOMMENDATION TO APPROVE PHASE I, SITE UTILIZATION PLAN, SECONDED BY CM EBERT, AND PASSED UNANIMOUSLY. DELEGATES - LEAGUE OF CALIFORNIA CITIES CONFERENCE ON MOTION OF CM DAHLBACKA, SECONDED BY MAYOR TURNER AND BY UNANIMOUS VOTE, MAYOR TURNER AND VICE-MAYOR KAMENA WERE APPOINTED AS VOTING DELEGATES TO THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. REPORT RE BART A report was submitted by the City Attorney regarding BART and the possibility of extension of rail service to Livermore. It was noted for filing. REQUEST RE TRANSFER OF 1978 ALLOCATION Associated Profession, Inc. requested a transfer of allocation for 1978 to other applicants who have submitted tentative maps also but are beyond the allocation allotment for 1978. Gary Reiners, City Attorney, stated that if the intent were to give the allocation to the next person in line below the cutoff, there would be no problem. Earl Mason, Associated Professions, Inc., said that the transfer would not be to the next person in line, but perhaps the Council could make a one-time only exception. CM EBERT MOVED TO ALLOW TRANSFER ONLY IF THE ALLOCATION PASSES TO THE NEXT PERSON IN LINE, SECONDED BY MAYOR TURNER. MOTION PASSED UNANIMOUSLY. CITY PROPERTY- ISABEL FREEWAY The Council was asked to approve the Public Works Director's recommen- dation regarding the possible future sale of city-owned property south of Tentative Tract 4108 and east of Kittyhawk Rd. (Isabel Freeway). ON MOTION OF CM EBERT, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, THE RECOMMENDATIONS OF THE PUBLIC WORKS DIRECTOR WERE APPROVED. CUP-PUD - Steve Riggle PEOPLE'S CHURCH PUBLIC HEARING A public hearing was set for Sept. 11 a CUP and PUD for residential development by Steve Riggle, The People's Church. The land is adjacent to Bluebell Dr., westerly of Heather Lane. MOTION MADE BY CM EBERT, SECONDED BY CM KAMENA, AND PASSED UNANI- MOUSLY TO SET THE PUBLIC HEARING FOR SEPT. 11, 1978. REPORT - FINANCE DIRECTOR RE TAX RATE 1978-79 Recommendation of the Finance Director was to adopt a resolution setting Bond Interest and Redemption Tax Rate for 1978-79. CM-35-348 August 28, 1978 (Re Report - Finance Director) ON MOTION OF CM KAMENA, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, A RESOLUTION WAS ADOPTED SETTING THE TAX RATE FOR 1978-79. RESOLUTION NO. 243-78 RESOLUTION FIXING TAX RATE FOR FISCAL YEAR - 1978-79 (FOR PAYMENT ON GENERAL OBLIGATION BONDS) REVISION OF AGREEMENT - LAS POSITAS GOLF PRO FOllowing City Council instruction at budget review sessions the staff prepared the recommended changes in the golf pro contract. ON MOTION OF CM EBERT, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, A RESOLUTION WAS ADOPTED AUTHORIZING EXECUTION OF AMENDMENT. RESOLUTION NO. 244-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Third Amendment to Agreement: DANIEL LIPPSTREU) BID AWARD - SO. LIVERMORE AVENUE RECONSTRUCTION ON MOTION OF CM KAMENA, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, A RESOLUTION WAS PASSED AWARDING A BID ON THE SO. LIVERMORE AVENUE RECONSTRUCTION - FIFTH ST. TO SOUTH CITY LIMITS TO O. C. JONES. RESOLUTION NO. 245-78 A RESOLUTION AWARDING BID CONSENT CALENDAR Reso. Rej. Claim (Philip A. Romero) The Council adopted a resolution rejecting the claim of Philip A. Romero. RESOLUTION NO. 246-78 A RESOLUTION REJECTING THE CLAIM OF PHILIP A. ROMERO Reso. Amending Consent Calendar Procedure The Council adopted a resolution amending the City Council Rules of Procedure in regard to the Consent Calendar. RESOLUTION NO. 247-78 A RESOLUTION AMENDING THE CITY COUNCIL RULES OF PROCEDURE Reso. Re Airport Operation Fund A resolution was adopted by the Council cancelling a loan from the General Fund to the Airport Operation Fund. RESOLUTION NO. 248-78 A RESOLUTION CANCELLING LOAN FROM GENERAL FUND TO AIRPORT OPERATION FUND CM-35-349 August 28, 1978 Departmental Reports The following reports were received by Council: Airport Activity - July Building Inspection - July Fire Department - quarterly, April/June Municipal Court revenues - June and July Police and Pound Department - July Project Status Reports Project Status Reports were received by Council as follows: Fire Department Planning Department/planning Commission Public Works (7 departments) Engineering, Streets, Parks & Trees, Las positas Golf Course; Airport, Water Reclamation Plant, Springtown Golf Course Finance Department Plan. Com. Summary of Action 8/22/78 The Planning Commission submitted a Summary of action for their meeting of August 22, 1978. Plan. Com. Minutes 7/25/78 & 8/8/78 The Council accepted the minutes of the Planning Commission meetings of July 25 and August 8, 1978. Consent Calendar Approval ON MOTION OF CM EBERT, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. MATTERS INITIATED BY STAFF (Tri-Valley Haven for Women) Ed Schilling, Assistant to the City Manager, recommended that Council authorize staff to enter into agreement because property dealings are under way at the present time regarding the Tri-Valley Haven. CM KAMENA MOVED TO SUSPEND THE RULES IN ORDER TO TAKE ACTION ON MR. SCHILLING'S RECOMMENDATION. MOTION WAS SECONDED BY CM EBERT AND PASSED UNANIMOUSLY. CM DAHLBACKA MOVED TO AUTHORIZE THE CITY TO ENTER INTO AGREEMENT, SECONDED BY CM EBERT. THE MOTION IS TO INCLUDE A WORD CHANGE IN THE CONTRACT (p.5, Item 13, Par. C, to read "subject any person") REQUESTED BY CM KAMENA. (Executive Session) An executive Session will follow immediately after adjournment tonight for purposes of labor relations and litigation. ORDIN. INTRO. RE ANIMAL CONTROL An ordinance was introduced for first reading, regarding proposed revisions of the Animal Control Sections of the Municipal Code. Two possible versions were submitted to the Council, both of which were incorporated into the ordinance. ON MOTION OF CM DAHLBACKA, SECONDED BY MAYOR TURNER AND BY UNANIMOUS VOTE AN ORDINANCE RELATING TO PROPOSED REVISIONS IN THE ANIMAL CONTROL SECTIONS OF THE MUNICIPAL CODE WAS INTRODUCED AND READ BY TITLE ONLY. CM-35-350 August 28, 1978 ADJOURNMENT There being no further business before the Council, the meeting was adjourned to an e~ ~~o~ at lO:45 p.m. APPROVE ________ _______~ . ~ Mayor ~ /J~ 1 ATTEST ~r:Utd~ . ; 21---- Live~ o~ , ca1I~ornia ADJOURNED REGULAR HEETING OF SEPTEMBER 7, 1978 An adjourned regular meeting of the City Council was held on Thursday, September 7, 1978 at 8 p.m. in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:10 p.m. by Mayor Turner. ROLL CALL Present: Cm Dahlbacka, Ebert, Staley and Mayor Turner. Absent: Cm Kamena (excused - illness) COMMUNICATION - ABAG A communication was received from ABAG requesting support in urging the Governor to sign into law SB2167 which limits State agencies' powers over the General Assembly adopted Environmental Management Plan, which was also endorsed by our City. The request was discussed generally, including some concerns with.increasing State interference with local affairs; a feeling that ABAG is a superfluous body, that the State should handle many of the environmental issues; it was explained that ABAG is not existing as a separate agency, it is made up of all the elected City Councils within its boundaries and that this Plan was required by the Federal government, and upon it's preparation, was adopted by all governing bodies and will be used by State agencies not elected. At the close of the discussion, A MOTION WAS MADE BY CM STALEY, SECONDED BY MAYOR TURNER, TO SUPPORT THE REQUEST TO URGE THE GOVERNOR TO SIGN THE BILL. IT RECEIVED THE FOLLOWING VOTES: Ayes: Cm.Staley and Mayor Turner; Noes: Cm Ebert; Abstain: Cm Dahlbacka; Absent: Cm Kamena CONTINUED DISCUSSION CETA PROJECTS PRIORITY LIST, TITLE VI, ROUND 4 The Council discussed, with the Social Concerns committee and members of the audience, the priority listing, which was adopted as follows: No. 1 - LARPD - Community Assistance for Seniors, amount approved $43,212, 4 positions approved. No. 2 - Employment Development Department - Youth Employment Project of Livermore, amount approved $24,380, 2 positions. CM-35-351 September 7, 1978 (Re CETA Projects Priority List) No. 3 - Tri-Valley Haven for Women - Domestic Violence Intervention, amount approved $27,069, 2~ positions. No. 4 - Livermore Housing Authority - Resident Assistant Project, amount approved $26,258, 2 positions. No. 5 - City of Livermore - Multi-Service Child Care, amount approved $10,859, 1 position. No. 6 - City of Livermore - Multi-Service Outreach Information & Re- ferral Project, amount approved $10,887, 1 position. No.7 - Valley Volunteer Bureau - Skills Bank and Workshop Coordinator, amount approved $7,113, 1 position. No. 8 - Livermore Housing Authority - Deferred Maintenance Project, amount approved $13,129, 1 position. No. 9 - Livermore Housing Authority - Gardening/Landscaping Project, amount approved $13,129, 1 position. No. 10 - City of Livermore - Conversion to Unified Filing System, amount approved $34,670, 3 positions. No. 11 - City of Livermore - Organic Composting, amount approved $23,692, 2 positions. No. 12 - City of Livermore - Lake Improvement, amount approved $11,846, 1 position. No. 13 - LARPD - Neighborhood Park Development, amount approved $11,635, 1 position. No. 14 - City of Livermore - Surplus Property Disposal, amount approved $6,013, ~ position. No. 15 - Tri-Valley Child Development Center - Child Care for Two Year Olds, amount approved $19,368, 2 positions. - Tri-Valley Child Development Center - Parent/Center Commun- ication Network, amount approved included in above figure, 1 position. No. 16 - Valley Child Care - Parenting Project, amount approved $18,359, 2 positions. No. 17 - City of Livermore - Arterial Modifiication Drafting Project, amount approved $11,678, 1 position. No. 18 - LARPD - Ravenswood Historical Site Project, amount approved $11,995, 1 position. No. 19 - City of Livermore - Fairway and Tee Upgrading, amount approved $36,300, 3 positions. No. 20 - City of Livemore - Public Education for Recycling Center, amount approved $5,813, ~ position. No. 21 - City of Livermore - Centralization of Contract Administration, amount approved $5,813, ~ position. ( No. 22 - City of Livermore - Office Management Systems-Golf Course, amount approved $11,382, 1 position. No. 23 - City of Livermore - Landscape Design-Airport, amount approved $17,686, 3 positions. No. 24 - Hotline, Inc. - Peer Counseling Youth Advisor, amount approved $21,344, 2 positions. CM-35-352 September 7, 1978 (Re CETA Priority List) NO. 25 - City of Livermore - Street Pavement Evaluation Project, amount approved $12,280, 1 position. No. 26 - L.V.J.U.S.D. - Groundskeeping Service, amount approved $14,579, 1 position. No. 27 - City of Livermore - Hydrant Street Valve Identification Project, amount approved $3,021, 1 position. ON MOTION OF CM STALEY, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, THE CETA PRIORITY LISTING WAS APPROVED AS STATED. Ann Duncan, Personnel Director, said she'd received a call from the County asking if the City Council wanted to recommend that some 3rd Round funding be extended. The Social Concerns Committee recommended extension. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, EXTENSION OF FUNDING WAS APPROVED FOR THE FOLLOWING: Community Based Organizations: Tri-Valley Child Development Center Tri-Valley Haven for Women Valley Volunteer Program Buenas Vidas Ranch Valley School City Affiliated Organizations: Livermore Housing Authority LVJUSD Child Care Center Program LVJUSD Library Technicians City of Livermore: Airport Project Golf Course Projects (2) Fire Department Project Engineering Department Project CLAIMS AND PAYROLL There were 112 claims in the amount of $216,928.00 and 511 payroll warrants in the amount of $225,260.80 for a total of $442,188.80, dated 9/1/78 and approved by the City Manager. There were 60 claims in the amount of $117,430.29, dated 9/6/78 and approved by the City Manager. CM STALEY MOVED TO APPROVE THE CLAIMS AND PAYROLL WARRANTS, SECONDED BY CM DAHLBACKA. MOTION PASSED UNANIMOUSLY. ADJOURNMENT APPROVE The meeting was adjourned to an executive session to discuss labor negotiations.~ CC~Ma~~ G at 9:35 p.m. - ---.... ATTEST ~feJ / L ve ore, Ca11forn1a CH-35-353 Regular Meeting of September 11, 1978 A regular meeting of the Livermore City Council was held on September 11, 1978, in the Municipal Court Chambers, 39 South Livermore Ave. The meeting was called to order by Mayor Turner. ROLL CALL Present: Absent: Cm Dahlbacka, Staley, and Mayor Turner Cm Kamena and Ebert (both seated shortly after) PLEDGE OF ALLEGIANCE Mayor Turner led the Councilmembers as well as those nresent in the audience in the Pledge of Allegiance. SPECIAL EVENTS Pat Lundberg, outgoing chairman of the Livermore-Quezeltenango Sister City Organization, announced that this evening marks the beginning of the Independence Celebrations in our Sister City and the country of Guatemala. They are celebrating 157 years of independence. The committee felt that this was an appropriate time to present to the City Council some tokens that the city of Quezaltenango presented to the Livermore delegation when they visited there in August. She introduced Dr. Gerald Severin who was a member of the delegation that visited Guatemala. Dr. Gerald Severin reported that he presented to the City of Quezel- tenango and to the Quezeltenango Sister City Association a resolution from Assemblyman S. Floyd Mori, commending the Associations of both cities for their efforts since the early 1960's in their work for peace through understanding. Dr. Severin presented a copy of the resolution to the City of Livermore. (Cm Kamena seated) Charlotte Severin, also a member of the delegation, presented the Council with a Quezaltenango newspaper centerfold showing the dele- gation activities during their stay there. Philomena Medeiros, a delegation member, brought greetings from the city officials of the sister city and the key to the city which was presented to Mayor Turner. Mrs. Medeiros introduced the other members of the delegation. (Cm Ebert seated) Mrs. Gwen Bowerbank, a visitor to Livermore from Peterborough, England, brought greetings from the Mayor of Peterborough to Mayor Turner. She presented Mayor Turner with some literature about Peterborough and the silver spoon of the city. MINUTES - 7/17/78, 7/24/78 & 7/26/78 ON MOTION OF CM KAMENA, SECONDED BY MAYOR TURNER AND BY UNANIMOUS VOTE THE MINUTES OF JULY 17 AND 24 AND OF THE ADJOURNED REGULAR MEETING OF JULY 26, 1978 WERE APPROVED (HITH THE EXCEPTION OF C~1 STALEY'S ABSTENTION ON THE JULY 24 MINUTES BECAUSE HE WAS NOT PRESENT AT THAT MEETING) . OPEN FORUM William Hurdlow, 1143 Aberdeen Ave., spoke in regard to the Erotic News store. He asked that Livermore maintain a free forum in the market place for ideas and not resort to running things that are not liked out of the community. 01--35-354 September 11, 1978 (Re Open Forum) Steve Riggle, 1170 Bluebell Dr., read a letter on behalf of a majority of Livermore ministers objecting to the opening of the Erotic News Store and the opening of similar establishments in the future. They expressed their appreciation for the steps being taken to bring about closure of the business and urged the Council to insure that similar establishments will have no place in Liver- more in the future. They also suggested some form of review, in- cluding public notice, which could be similar to that required of businesses planning to sell alcoholic beverages. Mr. Riggle pre- sented the signatures of 1500 citizens in agreement with the letter. Bill Sands, 511 Escondido Circle, speaking both as a concerned citizen and as the owner of the building in which the Erotic News is located, said the owner of the business stated prior to signing the lease, that no pornographic material would be sold, and that Mr. Sand's lawyer has notified him that a notice to quit order has been served on the Erotic News owner. He added that he would wel- come any support that he could get from the City and its citizens to force the business to close. Martin Plone, 2127 First St., stated his opposition to the opening of the Erotic News since he is the next-door business neighbor. He was concerned that the Council may find it difficult to remove it from the community and he charged them to extend themselves to the fullest to find a solution to the problem, since it definitely is a setback to the First St. revitalization project. James Morris, 1590 DeLeon Way, added his protest to the presence of a pornographic store on First St. and supported Mr. Plone's comments about revitalizing First St. em Ebert stated he wrote a letter to the owner of the business stating his objections to the materials sold on the premises. He added that this type of situation may call for a little civil disobedience since it just doesn't belong in our town. Dick Christmas, 394 Pearl Dr., added his concern with what would follow if the City allowed the Erotic News to remain. He said that, as a Christian, he was bitterly opposed to the business remaining open, and if people refused to patronize it, it wouldn't stay open a month. Mayor Turner asked Gary Reiners, the City Attorney, what the Council can do in response to the concern about the Erotic News. Gary Reiners said the City cannot conduct a criminal prosecution by itself right now. That is delegated to the District Attorney, who feels that the evidence is not sufficient to support an obscen- ity conviction. Mr. Reiners said obscenity is prohibited in the state of California by the Penal Code but the problem is one of the definition of obscenity, which the U. S. Supreme Court has ruled on. They've defined obscenity as being utterly without redeeming social value, a difficult thing to prove. However, the City does have the option to conduct a civil abatement action against the store as a public nuisance. A third alternative would be the use of zoning, in common use in large cities, but probably not applicable when only one store is involved as is the current situation. He felt the best option for the City would be to consider the feasibility of bringing a civil abatement action to abate a public nuisance. He asked for an executive session to go into this in further detail. He added that the simplest solution would be for the public not to patronize the business. Mayor Turner said that the Council would go into executive session after tonight's meeting to discuss the problem further, and to consider possible litigation. He added that the Council as a whole reflected the concern of the public. CM-35-355 September 11, 1978 AGENDA REORDER Because of the number of children in the audience who were concerned with Agenda Item 8.1 - the second reading and adoption of a Municipal Code amendment regarding dog licences, honeybees, etc., it was decided to discuss this item next. ORDINANCE RE DOG LICENSES, ETC. An ordinance has been introduced and read to amend the Municipal Code in regard to dog licenses, various definitions regarding impoundments, and adding a section in regard to honeybees. Dan JOhnston, 3911 Stanford Way, asked if the Council was aware of the services that bees provide to the community in the way of pollination. He felt educating the public of the benefits of bees to the area is vital, that they do provide an important food commodity. He recognized the need for a bee ordinance but thought the City's version to be rather strict. He pointed out that there are many, many wild hives in Livermore, too. He gave the Council copies of the Concord and Palo Alto ordinances which he said were quite reasonable, and he urged the Council not to adopt the ordinance in its present form. Ted Jessup, 459 Falcon Way, suggested having a strong, viable bee- keeper's Association in Livermore, which would be self-policing, as an alternative to or in addition to a reasonable ordinance. Ned Schaaf, 1349 Evans Pl., said people in Livermore who own large lots expect to be able to use them to raise gardens and fruit trees and if bees are eliminated from Livermore most fruit trees and some vegetables will not be pollinated and will not bear produce. Gary Reiners gave some background of the ordinance, saying that the animal control officer had received numerous complaints of bee stings and numbers of bees congregating beside swimming pools and in the officer's opinion the problem could be controlled by this type of ordinance. Sharon Clark, 4-H Club leader, stated her concern with the effect this ordinance would have on 4-H animal projects and objected to the wording of the ordinance where it stated that a license would be issued by judging the character of the applicant. CM STALEY MOVED TO REQUEST REWORDING OF THE ORDINANCE, DROPPING THE SECTION ON BEES. MOTION SECONDED BY MAYOR TURNER. Oliver Martin, 4291 Amherst Way, commented that he'd kept bees for 23 years here in Livermore and has never had a single complaint from a neighbor. He presented a petition signed by several of his neighbors stating that they did not object to his beekeeping activ- ities. He added that if bee hives had to be removed to the out- skirts of the city, vandalism would be a big problem. Bill Richardson, 952 Kern Ct., objected to the additional restrictions that the ordinance placed on pet owners and also objected to the higher fees. MOTION PASSED UNANIMOUSLY. PUBLIC HEARING - PUD & CUP - PEOPLE'S CHURCH Application has been made by Steve Riggle for the People's Church for a CUP and PUD permit to allow development of three single-family lots and one quasi-public (church) lot, property located at 1135 Bluebell Drive. CM-35-356 September 11, 1978 (Re CUP & PUD - People's Church - Steve Riggle) The Public Hearing was opened by Mayor Turner. There were no public comments. CM KAMENA MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY CM EBERT. THE MOTION PASSED UNANIMOUSLY. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE THE PLANNING COMMISSION'S RECOMMENDATIONS WERE ADOPTED APPROVING THE CUP, PUD PERMIT FOR THE PEOPLE'S CHURCH. f:o c~4- J--:; PUBLIC HEARING - EIR, CUP & pue - ROY JENSEN Application has been made by Roy Jensen, et al, for CUP and PUD to allow construction of residential units within the "OS-UR" District on a 66.9 acre site located adjacent to Bluebell Drive and westerly of Heather Lane. Cm Staley asked if the problem with the road had been worked out between the developer and the staff. Mr. Nolan said it had been worked out satifactorily. Mayor Turner declared the public hearing open. Don Miller, 2862 Waverley, urged the Council not to grant the variances in blank but to have specific sites for the variances. Leo Parry, 4835 Beacon Hill Dr., Castro Valley, owner and developer of the property, stated that the setbacks and sideyards are far from substandard and that he had gone along with the Planning Commission's recommendation to limit the number of lots that do not conform to a hypothetical ordinance. Don Miller commented that the standards that are supposed to be set by PUD's are supposed to match the existing development stan- dards, and if there are going to be variations from it the Council should know where they're going to be. Milton Murray, M & M Consultants, 7700 Edgewater Dr., Oakland, representing the developer, stated that initially a complete, detailed list had been made of lots requiring variances. He added that their development included 10+ acres of land for dedication by a public agency and l~ to 2 acres of a greenbelt adjacent to Los positas Channel. CM KAMENA MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY CM EBERT. MOTION PASSED 4-0, CM DAHLBACKA ABSTAINING DUE TO POTENTIAL CONFLICT OF INTEREST. CM EBERT MOVED TO ACCEPT THE PLANNING COMMISSION'S RECOMMENDATION TO APPROVE THE SUBDIVISION, TENTATIVE MAP AND EIR, SECONDED BY CM KAMENA. In reply to a question by Cm Staley, Howard Neis, Planning Director, said that 3 duplexes would be built on three of the lots to fulfill the low and moderate-housing requirement. THE MOTION PASSED 4-0, CM DAHLBACKA ABSTAINING DUE TO POTENTIAL CONFLICT OF INTEREST. PUBLIC HEARING - DRAFT EIR, LIVERMORE WATER REC- LAMATION PLANT, PHASE IV EXPANSION Dan Lee, Director of Public Works, explained that the project report was completed by Montgomery Engineers, and the Environmental Impact Report by Spectrum Northwest. CM-35-357 September 11, 1978 (Re Public Hearing - Reclamation Plant EIR) Wally Stokes, Spectrum Northwest, explained that the study area is the unincorporated area adjacent to the City, including Lawrence Livermore Lab, Chabot College and the VA Hospital, and that the report presents the physical and social economic characteristics of the area that are of primary and indirect significance in the selection of the proposed pro- ject. He added that the study area is not fully developed, but has, at the present time about 50,000 residents, with a projected total of 67,300 by 1990. The other study area characteristics, he said, are discussed by the E.I.R. with emphasis placed at the level where they affect pro- posed project selection process or where they may be affected by the proposed project. Steve Hyland, project engineer for Montgomery Engineers, described the project, commenting that they expect concept approval in October of 1978, initiation of design in December of 1978 and completion of design in August of 1979. In response to a question by Cm Ebert, he stated that he had evaluated 4 different options for possible methods of using ionizing radiation. Al Chinn, special consultant in irradiation, stated that as far as grant money is concerned, the indications are that the government would look favorably on such a project and could be funded 75% by the Federal Government, the other 25% being split between the State and the local community. The project would require the use of cesium 137. Wally Stokes explained the the project impact would be twofold, con- struction related and operation related. Construction impact, he felt, would probably be temporary but operation impact would be of a more permanent nature being concerned with the long-term committment of energy and the problem of waste disposal. Indirect impact areas would include growth and air quality, although he felt air quality improvement to be beyond the scope of the control of local planning agencies. Steve Hyland, project engineer, gave a cost review synopsis includ- ing capital costs and local share. Don Miller, 2862 Waverley Way, felt that the E.I.R. was inadequate and defective because it did not discuss plant improvement with no expansion, that it failed to point out that the only effective air pollution mitigation measure is no expansion at all, that it failed to note that despite the GP call for converting commuters to local jOb holders no effort is being made to do that, that no discussion is provided showing the growth impact on schools and other public facilites, that some discussion should be devoted to the GP's call for a balanced community, that it failed to note that the admitted 40-50% increase in the number of commuters would waste energy and use up scarce petroleum resources, and that Section VII of the Report is logically inconsistent. Alice TetlOW-Noyes, 1643 First St., expressed her concern with the environmental impact the pipeline would have on Sycamore Grove Park. She felt that the LARPD should be consulted on the position of the pipeline in regards to stream habitat, large sig- nificant trees and areas of known historical and archeological significance, and that relandscaping should be guaranteed by the contractors to maintain the scenic nature park atmosphere. CM KAMENA MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY CM EBERT. MOTION PASSED 3-2, CM STALEY AND DAHLBACKA DISSENTING. COMMUNICATION RE CROSSING GUARDS A communication was received from Leo R. Croce, Superintendent Livermore Unified School District expressing appreciation of the financing study for crossing guards and naming the Board members making up the,) oint.. committee with co. uncil.members. I~ was noted :::t for filing. f:)a:...L ,L'~~ ~ ~ ifJll~ ~ xL.- ~~~<V~. CM-35-358 September 11, 1978 COMMUNICATION RE HOUSING AUTHORITY BOARD A communication from the Housing Authority Board indicated that when future tenant members are to be appointed that an advisory election will be held by the residents of Leahy Square under the auspices of the League of Women Voters. It was noted for filing. CITY MANAGER'S REPORT The report was given by George Nolan, Acting City Manager. There will be a special meeting, Sept. 14, between the City Council, LARPD Board and the School Board, the agenda being distributed to Councilmembers tonight. The Mayors' Conference is being held this week in Newark, but the date and time of the meeting conflicts with the LAVWMA meeting that is coming up so an alternate will have to go to the LAVWMA meeting, probably Cm Kamena. The Second and "L" St. signals are expected to be in operation either tomorrow or Wednesday, Sept. 12 or 13th. The Rideo passenger count indicates that its running about 25% over the original estimate. REPORT RE VACATION ACCRUAL TIME - W. H. PARNESS A report was submitted by Ann Duncan, Personnel Director, recommen- ding that former City Manager, W. H. Parness, be compensated for for the full amount of accrued vacation time, 66.3425 days, because of the unusual circumstances, his recent illness. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, THE STAFF RECOMMENDATION WAS ADOPTED. APPEAL - DENIAL OF VARIANCE - TRACT 4005 SUNSET DEVELOPMENT CO. An appeal of a Planning Commission denial of variance for side yard and maximum developable floor area coverage for Tract 4005 was discussed by the Councilmembers. Howard Nies, Planning Director, stated that the garage area was not included in the calculation of the floor area coverage. Don Miller commented that the 25% requirement was designed to make sure that a small house would be built on a small lot. Mayor Turner added that the ordinance does allow the addition of 10% of the total area, within 24 months, to allow for family growth, but he did not feel he could support the Planning Commission's recommendation. em Dahlbacka said he felt very comfortable with the ordinance since it was put together with a lot of community input and the 25-35% feature is nice for families that want to grow. CM EBERT MOVED TO OVERRULE THE PLANNING COMMISSION AND GRANT THE VARIANCES AS REQUESTED BY THE APPLICANT, SECONDED BY CM KAMENA. Alex Mehran, Sunset Development Co., said his company tries to give the public the best value for their money that they can. CM-35-359 September 11, 1978 (Re Appeal - Denial of Variance - Sunset Dev. Co.) Cm Kamena pointed out that the area under consideration represents a buildout, the completion of a project that started years ago, and that in the immediate surrounding area, there are lots that are smaller than the lots in question here with the same house on it. Cm Staley asked for an explanation of a drainage ditch shown on the plans. Dan Lee, Director of Public Works, explained that there's a concrete gutter on the back lot fence that intercepts the water and conveys it from the back of the lot out to the street. Earl Mason, Associated Professions, representing the applicant, said that the gutter in question is about two feet wide and runs along the back of the lot, right at the base of the wall, and doesn't present a safety hazard. Don Miller, 2861 Waverley, commented that as the City standards change for the better, you can't expect to continue substandard standards on the remaining parcels. He added that the RS zoning ordinance was adopted with overwhelming public support, and that the fact remains that the houses in question are too big for the lots as they exist. He urged the Council to turn down the variances. Gary Reiners, City Attorney, in response to a question from em Kamena, stated that the Council could grant a variance under provisions of the State law when, because of special circumstances, applicable to the property, it is deprived of the same privileges or usefulness of property in the vicinity, under the identical zoning classification and of the same character. If you can't make that finding, then you can't grant the variance, under the State law. em Staley commented that he didn't feel it met the ordinance's require- ments and he didn't see how the Council could make the findings to exempt it. Alex Mehran added that one of the primary considerations in the plan- ning of the property which dictated developing it into 21 lots in- stead of 24, was that there are several oak trees on the property. Also effecting the engineering was the existence of two roads on the property which affected the configuration of the lots. THE MOTION ON THE FLOOR WAS VOTED ON AND PASSED 3-2, CM DAHLBACKA AND STALEY DISSENTING. APPEAL - PERMIT DENIAL GRANUCCI's COCKTAIL LOUNGE The Council considered the appeal of Ronald T. Vitale of the denial of a dance permit for Granucci's Coctail Lounge. CM EBERT MOVED TO RELEGATE THE APPEAL TO A COMMITTEE OF TWO COUNCIL- MEMBERS, THE POLICE CHIEF AND MR. VITALE, TO GET MORE BACKGROUND INFO- MATION TO GIVE A BETTER RECOMMENDATION TO THE COUNCIL, SECONDED BY CM KAMENA. em Ebert stated that the denial was based on violations which Mr. Vitale says he knew nothing about. The consensus of the Council was that the item should be discussed by the subcommittee to reach agreement on a recommendation to be made to the full Council next week. em Ebert and Staley were appointed as Council's representatives on the subcommittee. CM-35-360 September 11, 1978 CUP - GIBSON DANCE STUDIO A report was received from the Planning Commission regarding Pam Gibson's application for a dance studio, CUP, to be located at 850 Hillcrest Ave. in the Lincoln Shopping Center. A communication had been received earlier from Harold Hadcock, barbershop owner located next door to the proposed dance studio. He expressed concern over the probable noise level and felt it would not be compatible with his business. Pam Gibson, 947 Venus Way, stated the only problem she could see would be on hot days when she would want the door to remain open. Howard Nies, Planning Director, stated the noise level had been monitored and did not exceed 58-62 Dba which was well within the range allowed by the General Plan for a commercial area. Harold Hadcock, barbershop owner, said he had customers complain about the noise and was afraid the dance studio would ruin his business. Dave Lowell, 1479 Lexington Way, said he had been in the barbershop when the music was playing and the increase in the sound level was very slight. em Kamena stated that he had spent some time at the location of the proposed dance studio and had read Mr. Curtis' report on the sound levels in the area. According to the report, he said, there were times when the sound level reached 70 dba. He added he did not have an individual objection to the CUP as it is written. Mayor Turner expressed his disapproval of the argumentative dis- cussions and asked the participants to procede with the discussions in a businesslike manner. He requested that, in the future, when a report is written by a staff member, that staff member should be in attendance at the Council meeting at which that item is on the agenda. Howard Nies commented that is was his understanding that a record player was not considered a sound amplification system. CM DAHLBACKA MOVED TO ACCEPT THE PLANNING COMMISSION'S RECOMMEN- DATION TO APPROVE THE CUP APPLICATION SUBJECT TO CONDITIONS OF 6 MONTH REVIEW, NO DISCO TAUGHT, AND REVIEW TO SEE IF SOUND BARRIER IS NEEDED. In response to a question from the applicant, Mayor Turner added that a record player without amplification would be allowed. em Kamena stated his concern with how much sound should be tolerated by reasonable people in the area. CM KAMENA MADE AN AMENDING MOTION TO LIMIT THE SOUND LEVEL TO 67 DBA AS MEASURED FROM WITHIN THE BARBERSHOP, SECONDED BY CM STALEY. THE MOTION WAS VOTED ON AND FAILED TO PASS. CM KAMENA MADE AN AMENDING MOTION TO LIMIT THE SOUND LEVEL TO 70 DBA AS MEASURED FROM WITHIN THE BARBERSHOP, SECONDED BY CM DAHLBACKA. MOTION PASSED 4-1, MAYOR TURNER DISSENTING. THE MAIN MOTION WAS VOTED ON AND PASSED 3-2, CM KAMENA AND STALEY DISSENTING. CM-35-361 September 11, 1978 REPORT RE GARBAGE & RUBBISH CONTRACT The Oakland Scavenger Company has requested a renewal of their garbage collection contract expiring 12/31/78. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, THE ITEM WAS REFERRED TO THE CITY ATTORNEY'S OFFICE FOR REPORT BASED ON CITY OF LIVERMORE PARTICIPATION IN THE JOINT POWERS AUTHOR- ITY AND OTHER FACTORS. EXTENSION OF MEETING CM STALEY MOVED TO CONTINUE THE MEETING TILL 12:00 MIDNIGHT, SECONDED BY MAYOR TURNER AND PASSED UNANIMOUSLY. REPORT RE OAKLAND SCAVENGER CO. LIABILITY INSURANCE A report was received from the City Manager regarding the Oakland Scavenger Co. liability insurance coverage request. ON MOTION OF CM STALEY, SECONDED BY MAYOR TURNER, AND BY UNANIMOUS VOTE, THE ITEM WAS REFERRED TO THE CITY ATTORNEY WITH A REQUEST FOR FURTHER TIME FROM THE INSURANCE CO. FOR REPLY. RESO. RE SEWER CONNECTION AGREEMENT - PAUL CORORADO The planning Department and City Attorney recommended the adoption of a resolution regarding a sewer connection agreement for Paul Coronado for property located at 6329 South front Rd. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE THE RESOLUTION WAS ADOPTED. RESOLUTION NO. 249-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Paul Coronado) REPORT - PARK FEES A report from the City in regard to a LARPD request for park fees was noted for filing. MOTION WAS MADE BY CM STALEY TO NOTE AND FILE ITEM, SECONDED BY CM KAMENA, AND PASSED UNANIMOUSLY. RESO. ADOPTIONS ON MOTION OF CM EBERT, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, RESOLUTIONS NO. 250-78, 251-78, and 252-78 WERE ADOPTED. (Reso. re First St. Construction) A resolution was adopted approving a modified cooperative agreement between the City and CALTRANS for design and construction of First Street, between Maple and Scott Streets. RESOLUTION NO. 250-78 " A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (State of California - Department of Transportation) CM-35-362 September 11,1978 (Re Re~o. Adoptions) (Reso. re Amendment to FAA Grant Agreement) A resolution was adopted in reference to an amendment to the FAA Grant Agreement - West Clear Zone. RESOLUTION NO. 251-78 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (Amendment No. 1 of Grant Agreement - United States of America) (Reso. re Parcel Map No. 2614) A resolution was adopted approving Parcel Map no. 2614. RESOLUTION NO. 252-78 A RESOLUTION APPROVING PARCEL MAP 2614 SUMMARY OF ACTION - PLAN- NING COM. MEETING 9/6/78 A summary of action of the Planning Commission meeting of September 6, 1978, was noted for filing. CONSENT CALENDAR At the request of Mr. Nolan, a warrant for petty cash was added to the consent calendar. Claims and Warrants There were 4 claims in the amount of $53,090.44 dated 9/7/78 and approved by the City Manager. There was 1 claim (petty cash) in the amount of $417.03, dated 9/11/78 and approved by the City Manager. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE THE CONSENT CALENDAR WAS APPROVED WITH THE INCLUSION OF THE WARRANT FOR PETTY CASH SUBMITTED BY MR. NOLAN. ORD. RE INSPECTION FEES FOR P. W. IMPROVEMENTS ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE AN ORDINANCE RELATING TO A MUNICIPAL CODE AMENDMENT REGARDING INSPECTION FEES FOR PUBLIC WORKS IMPROVEMENTS WAS INTRODUCED AND READ BY TITLE ONLY. INTRO. ORD. RE SPECIAL CURB MARKINGS ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE AN ORDINANCE RELATING TO A MUNICIPAL CODE AMENDMENT REGARDING SPECIAL CURB MARKINGS WAS INTRODUCED AND READ BY TITLE ONLY. INTRO. ORD. RE TRANSIENT OCCUPANCY TAX ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE AN ORDINANCE RELATING TO THE TRANSIENT OCCUPANCY TAX, SECTION 21.85 WAS INTRODUCED AND READ BY TITLE ONLY. CM-35-363 September 11, 1978 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:47 p.m. APPROVE ~/~ ,/' , ~ L~ Mayor ~ ATTEST ~~~d~y t Livermore, Clerk California CM-35-364 .:. {vi /: A.~ .. ~ JOINT MEETING HELD 9/14/78 - CITY COUNCIL, LARPD, AND SCHOOL DISTRICT HELD IN THE MUNICIPAL COURT CHAMBERS, 39 So. Livermore Avenue. PRESENT: Mayor Turner, Cm Kamena, Ebert, Dahlbacka and Staley; Representatives of LARPD & MAYOR TURNER CALLED THE MEETING TO ORDER AT 7:40 P.M. the School District After discussion of the two agendas (City's and LARPD's) it was decided to follow LARPD's agenda. Mike McCracken, LARPD, suggested that the first part of the discussion deal with public utilities and discounted water rates. Mayor Turner expressed the City's position to cooperate with the other two agencies. Cm Staley brought up the matter of possible consolidation of LARPD and the City and possibly some school services and inquired as to the other agencies feeling on this point. Schoolboard Member Brice inquired about LARPD's source of funding from the State. M. McCracken responded that LARPD is getting their share of the 1% and that it should come out to about $650,OOOthis year and possibly a half million next year. Jim Davis, School Board inquired if LARPD is looking at consolidation. Mr. McCracken said the State is looking at consolidation or rather studying it and that LARPD just wants to service the people in the best way possible, and stated that this type of service consolidation could be done by joint powers agreements. He also brought up the point that now that Prop. 13 passed, the people outside the City limits are paying the same amount of tax as people within the limits and the people outside are not receiving City services. Mayor Turner inquired as to how the schools would become involved if LARPD and the City consolidated. Boardmember Brice state that it would affect future planning of school sites in that the schools and LARPD have worked together to place parks and schools together to utilize both spaces. Les Knott, LARPD, stated that before discussing consolidation as such the citizens have to be asked and it has to be voted on. districts have Lois Ellsaesser, LARPD, said,/different aspects and that LARPD has latent power which can be employed. One of the advantages in the past is that boundaries of LARPD coincide with the school district and they have worked together. Marlin Pound, LARPD, felt that getting involved in a study re consolidation would be premature and that he is opposed to consolidation. He also stated that LARPD is working with minimum staff and that they do not have the staff to work on any study re consolidation. Cm Staley suggested that a committee be formed (Citizen's) so that it would be unbiased and stated he felt this was the time to form the committee with the three agencies together. Jim Davis stated that if it would find a better way to utilize the tax dollar a study would be in order and if consolidation was found to be best he would not object. CM-35-365 ~ '. -2- Gary Reiners explained the difference of dependent and independent districts. : Dependent being a special tax district and that it does not create another political aparatus. Jim Davis suggested that the respective boards go back and develop some directives for consolidating services. Discussion followed regarding delivery of services and how it could best be accomplished. Also ways of following through on any suggestions made at the meeting. em Ebert suggested that we look into finding a model to go by - other agencies which have experienced the same changes. B.member Brice felt a citizen's committee would not have the expertise to study consolidation. Cm Dahlbacka thought that it would give citizen input however. Margaret Tracy commented that a study made in Sacramento showed that consolidation would save up to 10%. em Ebert requested that LARPD define their high cost items. M. McCracken said liability insurance is their largest cost. He said they have only one person to repair sprinklers and asked if the City and School could share on such things. Discussion continued regarding possibility of consolidating insurance policies, pool insurance, the risk each agenc~ runs, etc. It was also suggested that services such as lawn mowing and pooling equipment could be shared. Oak Knoll park was discussed, the problems with the park, and the school representatives stated that they would like to discuss the possibility of using space on the park to locate a trailer for vandal watch. Sycamore Grove was brought up, the cost of operating it and Les Knott spoke of the many restrictions which the County has put on the usage of the park. em Dahlbacka suggested that maybe East Bay Parks would be interested in operating Sycamore Grove. ~\rs. Brice then asked how future park development would be handled considering the growth which is now starting to take place. Gal-y Reiners detailed how the park development fund has been set up in the budget. LARPD was asked how they could handle any new parks when it seems they cannot financially maintain the ones they have. Mr. McCracken stated that there are funds and that they have not had a chance ~o work everything out - that they want to stay where they are at this time and try to work things out. .Jlm Davis appealed to the City and LARPD to consider other agencies before ITaking major decisions which affect the whole city and that everyone should try to work more closely together. CM-35-366 -3- Les Knott requested that the City and School Board write the County Planning regarding Sycamore Grove and explain to them that the park is of great benefit and that it could have many uses if the restrictions were not so numerous. -.': The City Council agreed to do so. Pool (swimming) uses were discussed between LARPD and the school district and how this service could be shared. Mrs. Brice brought up the Administration of Justice classes which are offered in high schools. The school district has been paying an off-duty policeman to instruct these classes. She inquired of the Council if they would discuss the possibility of allowing a policeman to teach this class during his regular working hours thereby deleting a cost to the schools of approximately $3,000. * Mr. Nolan said he would refer this matter to Chief Nelson and get back to the schoo 1 . LARPD and the school district discussed their adult education programs and partlcularly those which are duplicated. * Gargabe pickup was discusssed - LARPD and the school district requested that the City consider negotiating for free pickup for them as well as the City. Water supply and rates were also discussed. Mr. McCracken spoke of pumping water directly out of Arroyo Creek to parks and other facilities which boarder the Arroyo. Mr. McCracken suggested setting the second Thursday of each month for joint committee meetings. No definite time was set however. It was decided that each board would choose two representatives as well as alternates for these meetings and would do this at their next regular meeting. Notifications to the other boards should be sent re representatives. Meeting adjourned at 10:10 p.m. CM-35-367 Regular Meeting of September 18, 1978 A regular meeting of the Livermore City Council was held on September 18, 1978, 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 Mayor Turner led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. MINUTES APPROVAL AUGUST 7, 1978 P. 325, delete paragraphs 8 and 9 and insert "Cm Staley moved to have Southern Pacific put in the traffic light at Railroad and Livermore, and the medians on Railroad, and to drop the requirement for a traffic signal at "L" Street." ON MOTION OF CM KAMENA, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, THE MINUTES OF AUGUST 7, 1978 WERE APPROVED AS AMENDED. OPEN FORUM Anne Bireley, 261 Junction Ave., stated that she agreed with the actions taken by Dr. Sands and the City Council concerning the Erotic News Store. She felt that if the store remained, the materials they sold would eventually end up in the hands of minors. PUBLIC HEARING - PROPOSED G.P. AMENDMENT This hearing on a proposed General Plan amendment in regard to Housing Element/Public Facilites and Services Element; Low and Moderate Income Housing, was continued from the meeting of August 28, 1978, to provide staff time for additional information and preparation of a synopsis of the Planning Commission's recommendation and a Housing Task Force recom- mendation. CM-35-368 September 18, 1978 (Re Public Hearing - Proposed General Plan Amendment / Ed SChilling, Assistant to the City Manager, commented that the report before the Council differs from the previous one in that the order of the items has been changed to facilitate Council's dealing with the issues in a manner more consistent with the General Plan and the Housing Task Force relationships. It was done, primarily, as an aid to the Council in dealing with three different recommendations from three different groups, the Planning Commission, the City staff, and the Housing Task Force. At Cm Dahlbacka's request, City Attorney Gary Reiners, explained the Boulder Plan. Boulder's pOlicy is one of encouraging the provision, by a new developer, of low and moderate-cost housing while at the same time giving bonus points in the residential development plan for the provision of low/moderate-income housing. Boulder feels that the policy of giving additional points in their allocation competition for low and moderate-income housing will have an effect on the supply of low and moderate-income housing. He said he was unable to determine how scarce allocations were and therefore how much pressure was put on developers to develop low and moderate income housing to obtain the points. Mayor Turner opened the public hearing. David Madis, 1011 Geneva, stated that the greatest inducement that the City could offer to a developer or builder in terms of low/ moderate income housing, is the one commodity not readily available in the Valley, sewer connections. He recommended the General Plan be amended to allow Low/moderate income housing not to be subject to the residential development policy and to make permits available for that purpose without reference to limitations on the growth rate. Then developers may look towards developing low/moderate income housing knowing that they don't have to stand in line, if their projects are approved and if they meet other applicable City standards. He added that it is difficult under subsidized housing to process applications, to FHA, etc. when, after, going through all the work and expense of the applications and securing backing from the necessary agencies, you must then get in line and compete against the other developers. He asked that the General Plan be amended to allow applications, such as Chester Anderson's proposal for 300 low/moderate income housing units, to be considered inde- pendently to fill this need. ON MOTION OF CM DAHLBACKA, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. Cm Staley commented that he supported the Planning Commission and Housing Task Force recommendation that the 10% low/moderate hous- ing item remain a requirement so that when multiples or condomin- iums are built they will be in the price range of young families, of young working people, and that there'll be a sufficient range of housing so that people of modest incomes can afford a place to live. He questioned whether the 10% requirement should apply to every development as opposed to overall needs allocation. If re- quired of every development, he felt a good mix of housing in all neighborhoods would result. em Dahlbacka concurred with Cm Staley. em Ebert stated that he would like to see the Council proceed in the direction of stimulating the growth of the town through com- mercial interest rather than by ordinance. He felt that low and moderate income housing units should be allowed, subject to review and Planning Commission direction, outside the 2% growth rate, if at all possible. CM-35-369 September 18, 1978 (Re.Public Hearing - Prop. G. P. Amend.) Cm Dahlbacka replied that the 2% issue really had to do with the provision of services by the City. These services, he felt, cannot be reasonably made at a much larger growth rate than 2% since we only have sewage capacity for a 2% growth rate. Exceeding the 2% rate now would cause a future moratorium which would result in an unstable housing industry which at the present time is a multi-million dollar industry in this community. He stated that he did not agree with the concept of increasing the growth rate beyond 2%. Cm Ebert stated that city growth has been held back for several years and that espousal of a continued growth rate of 2% is inconsistent with recent developments. New housing development, he felt, will further stimulate commercial growth downtown which will increase the tax revenues. em Staley added that he had reservations about requiring 10% low and moderate income housing of each developer but that maybe small devel- opers could be exempted by paying a fee. Mayor Turner stated that citizen feedback indicated most people were satisfied with the 2% growth rate and he felt the Council had an obli- gation to support it. He also felt it important to retain the word "require" instead of "encourage" in regard to low and moderate income housing. CM STALEY MOVED TO CONTINUE THE PRESENT GENERAL PLAN POLICIES WITH THE 10% REQUIREMENT FOR LOW AND MODERATE INCOME HOUSING; AND TO CONTINUE THE IN LIEU FEES, AS REQUESTED BY THE HOUSING TASK FORCE, WITH THE ADDITION OF A 10% DOWN PAYMENT: AND TO MAKE AVAILABLE BONUS DENSITY AND EXTRA SEWER CONNECTIONS TO DEVELOPERS WITH INSTRUCTIONS TO CITY STAFF TO RESORT TO THE FEE ONLY AT THE DEVELOPER'S OPTION, MAKING IT CLEAR THAT FAILURE TO MEET THE REQUIREMENT FOR THE LOW AND MODERATE INCOME HOUSING IS GROUNDS FOR THE REJECTION OF THE MAP; AND TO REEVAL- UATE THE PROGRAM AT THE BEGINNING OF 1980 TO SEE WHAT PERCENTAGE OF THE NEW UNITS THAT HAVE BEEN CONSTRUCTED DURING THIS PERIOD OF TIME ARE OCCUPIED BY PEOPLE WITHIN OUR INCOME PARAMETERS AND WHAT THE DISPOSITION OF THAT HOUSING HAS BEEN, NEGATIVE DECLARATION APPROVED FOR FILING WITH THE COUNTY OF ALAMEDA, SECONDED BY CM DAHLBACKA. A short discussion followed regarding the formula for qualification for low and moderate income housing. The general consensus was that the formula, 2~ to 3 times annual income, would reflect current banking standards. Cm Staley stated that he felt it was up to the developer to make a proposal that would satisfy the City's needs for a housing mix in the community. He added that the intent of his motion was to set forth the ground rules which require a method of meeting the 10% committment by each development proposal but not necessarily within each development proposal. THE MOTION WAS VOTED ON AND PASSED 4-1, CM EBERT DISSENTING. Discussion followed regarding whether the City Council should call for an Article 34 Housing Referendum in the Spring of 1979 and appoint a Citizen's Committee to work on it's behalf. The Planning Commission recommended it and city staff recommended the Council assign this responsibility to the Housing Coordination Committee if they wish to support the referendum. em Staley said he was in favor of setting the election but that he would like to have it go to the Housing Coordination Committee or back to the Housing Task Force for development of the specific under- lying detail that supports the need. The Council referred the referendum to staff for coordination with the Housing Authority Board. '. CM-35-370 September 18, 1978 (Re Public Hearing - Prop. G. P. Amend.) Dorothy Hock, City Clerk, said that there's a law to possibly be signed by the Governor within the next day or so which would require that all district elections will be set in November instead of March, so this referendum may be delayed until November of 1979. COMMUNICATION - LEAGUE OF WOMEN VOTERS A communication was received commending the Council and Planning Commission for action to provide moderate income housing throughout the Wagoner Farms tract. It was noted for filing. COMMUNICATION RE MULTI- SERVICE CENTER RENTAL Council received a request from Lillian Snorf regarding space in the multi-service center with rent to be paid from HCD funds for a Retired Senior Volunteer Program. Ed Schilling, Assistant to the City Manager, commented that the question was raised whether it would be an eligible activity and that it would have to be approved by the Council and the County. He added that it was hoped that most of the dealings with tenants in the Multi-service Center would be with established organizations, connected with LARPD or some other organization. The general consensus was that when the program is firmed up and a sponsor is found it would be discussed again by the Council, prob- ably in about two months. COMMUNICATIONS RE POLICY CLARIFICATIONS Requests were received from M & M Consultants, Inc. and Associated Professions, Inc. for clarification of the current policy in reducing allowable density based on the acreage to be dedicated under the park dedication policy. Regarding Residential Development standards, yards and site coverage, both firms also proposed changing the Zon- ing Ordinance to reflect lot design and the relationship to house design. Cm Kamena stated that he would like to see items such as this one referred to staff with specific direction of consideration for General Plan amendment. The consensus of the Council was to refer this item to the Planning staff for consideration of General Plan review and possible amend- ment. RE LIVERMORE HIGH SCHOOL OVERCROWDING A communication was received from the Livermore Valley Unified School District containing a Notice of Overcrowding as required by a recent- ly adopted City Ordinance. The School District stated that conditions of overcrowding do exist at Livermore High School. According to the Ordinance, a Public Hearing needs to be set to determine whether or not the Council concurs with the District finding of overcrowding. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, A PUBLIC HEARING WAS SET FOR OCTOBER 2, 1978. CM-35-371 September 18, 1978 COMMUNICATION - LLL An informational communication was received from Livermore Lawrence Lab regarding recovery of radioactive material at the dump site on Vasco Road. It was noted for filing. CITY MANAGER's REPORT At this point, Mayor Turner introduced Mr. Lee Horner, who will take up his duties as Livermore's new City Manager on October 16. The City Manager's report was given by George Nolan, Acting City Manager. As the result of a meeting tonight between Mr. Horner, the Mayor and the Vice-Mayor, it was decided that the new City Manager's basic salary would be $41,000 with an approximate $9,000 fringe package in- cluding the use of a city car, workers I compensation, unemployment in- surance, full hospitalization and life insurance, and a retirement plan. A six-year-old boy was struck by a car at the intersection of East Avenue and Sixth Street this morning and is in very critical condition at Valley Memorial Hospital. At the request of the President of the Mayors I Conference, the date of the Mayors' Conference was moved to Oct. 4, the meeting to be held in Livermore at the Emperors Garden. A date will be set shortly for the meeting of the School Crossing Guard Subcommittee. At Ravenswood, the City staff helped LARPD in the trimming of the palm trees on the property. The Beautification Committee is to paint one of the accessory buildings with the use of City spray equipment. City Maintenance crews reported a problem with newspapers clogging catch basins in the city storm drain system. City staff met with representatives of the Veteran1s Hospital today to work out a proposed agreement regarding Steps I, II, and III of the plan to hook the V.A. Hospital to the City sewer system. City crews have been spraying for weed control and are in the process of replacing damaged street trees. The Planning Commission is considering 8 development requests, which will come to the Council for public hearings during the month of October. The Livermore Police Department had an organizational workshop at the Holiday Inn. It was a three day meeting paid for by P.O.S.T., and was highly successful. A follow-up session will be held in 10 months The Fire Department reported that a portable radio was stolen from a vehicle parked inside Station No.1. Value was estimated at $800. The Fire Department is continuing their Awareness Program, which is a physical home safety inspection program to give suggestions to homeowners on how they can minimize hazards in their own homes. It is being conducted by CETA employees working under Fire Department supervision. CM-35-372 September 18, 1978 APPEAL - DENIAL OF DANCE PERMIT - GRANUCCI'S This matter was continued from the last regular meeting to allow a Council Committee, the Police Chief and the appellant, Ronald T. Vitale of Granucci's Cocktail Lounge, to meet. Ron Vitale, 2262 Burgess, said he had met all the requirements and asked why he still was being denied the permit. Cm Ebert reported that he, Cm Staley, Chief Nelson and Mr. Vitale had met this evening prior to the Council meeting and he thought they had reached a satisfactory conclusion. It was agreed to allow the Police Department some time to review the conduct and operation of the establishment until Dec. 31, at which time if everything is satis- factory, Mr. Vitale will be granted a dance permit as requested. Mr. Vitale also agreed at this time to drop the appeal. Gary Reiners, City Attorney, explained that the permit is issued upon approval of the Chief of Police. The Chief must make a de- termination that the applicant can properly control the activity for which the permit is given. In this case the Chief did not feel that the proprietor exerted the necessary amount of control over the premises, since there were some alleged A.B.C. violations and certain safety deficiencies on the premises. He added that the permit cannot be unreasonably withheld, the Chief of Police must give reasons for denial of the permit, which he had done in this instance, when he recommended denial of the permit and re- consideration of a new dance permit application in September, 1979. Mayor Turner asked Mr. Vitale to clarify his intentions regarding the appeal and Mr. Vitale stated that he did wish to continue with the appeal at this time. CM STALEY MOVED TO UPHOLD THE POLICE CHIEF'S RECOMMENDATION OF DENIAL, SECONDED BY CM KAMENA. It was the consensus of the Council to have a resolution drawn, setting forth the reasons for denial, to be brought before the Council at the next regular meeting. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. STATUS REPORT - EROTIC NEWS STORE The City Attorney gave a status report on the Erotic News Store which recently located on First STreet. He said he had contacted other cities for input and ideas on abating or terminating the operation of the store, and had also discussed the situation with the lawyers of the owner of the building who is presently engaged in an attempt to terminate the business's lease. He requested an executive 'session for the Council to adopt a reso- lution, if possible, declaring the store obscene and a public nuisance. After that, he will be able to begin legal action that was authorized last week. CONTINUED DISCUSSION - RESIDENTIAL DEVELOPMENT POLICY The hearing was closed on this item at the meeting of August 28, and the discussion by the Council continued until this time. As part of the RDP adoption a' communication was received from Kay Building Company suggesting that the City provide for accelerated processing of residential projects for 1979 allocations. The Plan- ning Commission reviewed the letter, concluded that the proposal would result in a 4% growth rate in 1979, and recommended adhering to the 2% maximum growth rate mandated by the General Plan CM-35-373 September 18, 1978 (Re Continued Discussion - RDP) Cm Ebert, as a point of clarification, objected to the use of the word "mandated," saying that the General Plan is capable of being changed. CM STALEY MOVED TO ADOPT THE RDP AS PROPOSED WITH THE FOLLOWING CHANGE: THE PERIOD OF CONSIDERATION INSTEAD OF STARTING ON DEC. 1, 1978 TO START ON JUNE 1, 1979 AND CONCLUDE ON MARCH 1, 1980. IMPLICIT IN THE MOTION IS THE FACT THAT NEXT YEAR'S ALLOCATIONS WOULD BE MADE THE WAY THIS YEAR'S ALLOCATIONS WERE BY CONTINUING DOWN THE LIST AND THE COUNCIL MAK- ING THE DECISION ON THE GRANTING OF NEXT YEAR'S 2% ALLOCATION. MOTION SECONDED BY CM KAMENA. Mayor Turner commented that there was some concern by people who have single lots of record that they may have to qualify in the RDP process, and he added that there is a provision in the RDP that allows 25 sewer hookups to be set aside for single lots of records projects of 4 homes or less. CM KAMENA MADE AN AMENDING MOTION TO RESERVE 10 PERMITS FOR INDIVIDUAL LOTS OF RECORD WHERE PROJECTS OF 4 DWELLINGS OR LESS WOULD BE BUILT IN ANY GIVEN APPLICATION, SECONDED BY CM STALEY. em Dahlbacka concurred with Cm Staley in moving the period of consid- eration since it would be better to get the RDP process moving as soon as possible. But he felt it would be better to start accepting appli- cations for next year as of Oct. 1, and then in 1979, move the date up to June 1. It would guarantee that development done next year would be done under the RDP that is being adopted now and it would implement the RDP more rapidly. em Staley commented that he was of the understanding that the staff and the Planning Commission did not have the time and the ability to do it in that time frame. em Ebert questioned, as a point of order, if a Councilman has an economic interest which may be affected by the RDP, should he be part of the development of that policy as long as his financial in- vestment may depend on how that policy goes. Gary Reiners, City Attorney, stated that the standard for conflict of interest is the directness of the connection and the impact on the community at large. If an individual development is at the general policy stage there would be no legal conflict of interest, even though it may have a direct impact later and at that later point a conflict of interest would develop. He said he could see no direct pecuniary connection between a general plan implementation policy and a proposed prospective development. em Dahlbacka stated that he had abstained on any issue that he felt directly affected him. He could see no benefit to himself from any implementation under this pOlicy and could see no need to abstain on any vote on the RDP. Discussion continued on the RDP. Mayor Turner stated that he sup- ported Cm Staley's position. Cm Kamena commented on his concern with the number of potential dwelling units that could be developed in a given period of time. He felt large developments of 200-300 lots would be precluded in the RDP as it is proposed. He suggested allowing more latitude for larger projects, as long as they do not violate the max- imum growth rate, but to let the market place dictate how many permits would be consumed, for instance over a 3 - 5 year period. He proposed an aggregate period of time whereby the 2% yearly rate is computed and never exceeded for that aggregate period of time. During any particu- lar given month there may be no building or 3% building but at the end of the period of time, say 3 - 5 years, there would be no more than the 2% maximum growth rate per year. CM-35-374 September 18, 1978 (Cont. Discussion - RDP) A lengthy discussion followed regarding large developments, how they would be controlled by the RDP, how they would affect sewer capacity, the city's legal position if in any given year the 2% growth rate was exceeded, and the administrative difficulties that may be encountered. Cm Kamena suggested adopting the RDP and letting it work for awhile, and then making any adjustments that are necessary. THE AMENDING MOTION MADE BY CM KAMENA WAS VOTED ON AND PASSED 4-1, CM DAHLBACKA DISSENTING. THE MAIN MOTION MADE BY CM STALEY WAS VOTED ON AND PASSED UNANI- MOUSLY. REPORT - MERCHANT'S PARKING LOT George Nolan, Acting City Manager, reported that the Alameda County Board of Supervisors voted to participate in the Merchant's Lot to the extent of $1542 for the current fiscal year, 25% more than their rate of participation last year. The amount needed from local sources is $3,400 since the current rental rate is $850 per month. Mr. Nolan recommended maintaining the same surcharge rate with the addition of a time factor of 7.65 months. If Council concurred with this, business license renewal notices could be sent out to the mer- chants in the downtown area. CM KAMENA MOVED TO ACCEPT MR. NOLAN'S RECOMMENDATION AND TO HAVE DEC. 1, 1978 AS THE ENDING DATE FOR THE SURCHARGE, SECONDED BY CM STALEY. THE MOTION PASSED UNANIMOUSLY. REPORT - 1978/79 OPERATING BUDGET The Council has had several study sessions on the annual operating budget and another document has been prepared which generally follows Council direction as amended by the latest financial data available. CM KAMENA MOVED TO HAVE A STUDY SESSION ON THE GENERAL GOVERNMENT BUDGET ON OCT. 2, TO BE FOLLOWED BY A PUBLIC HEARING AT THE NEXT REGULAR COUNCIL MEETING ON OCT. 16. THE MOTION WAS SECONDED BY CM STALEY AND PASSED UNANIMOUSLY. APPEAL - TIM HERN DENIAL OF VARIANCE Tim Hern, 814 Hagemann Drive, filed an appeal with the City in regard to a denial of a variance by the Planning Commission to allow reduction of the required side yard setback, so that a second story addition could be constructed on an existing residence. CM STALEY MOVED TO OVERRULE THE PLANNING COMMISSION AND ACCEPT THE STAFF'S RECOMMENDATION TO ADOPT A RESOLUTION APPROVING THE VARIANCE, SECONDED BY CM KAMENA. Cm Dahlbacka stated that though the staff recommendation was a reasonable one, he would rather see an ordinance revision than a variance granted. Mayor Turner said that he supported the staff recommendation since there's a time constraint on the applicant, but in the future held like to see the rules amended to allow the Zoning Administrator to grant minor variances. Howard Nies, Planning Director, commented that there is a proposal before the Planning Commission to give the variances to the Zoning Administrator in most cases. The proposal was continued until October 3. CM-35-375 September 18,1978 (Re Variance Denial Appeal) THE MOTION WAS VOTED ON AND PASSED 4-1, CM DAHLBACKA DISSENTING. APPEAL - TEXACO DENIAL OF VARIANCE Springtown Texaco filed an appeal regarding a denial of a variance to permit an increase in the height and area of a sign at 930 Springtown Boulevard. CM STALEY MOVED TO UPHOLD THE PLANNING COMMISSION'S DENIAL OF A VARI- ANCE, SECONDED BY CM DAHLBACKA. Bob Brown, representing Texaco, Inc., stated that he was aware that the City was very interested in sales tax and property tax, both of which bring revenues into the City. Texaco's revenues have dropped at this particular station as revenue per gallon is decreasing and the cost per gallon increasing. Texaco is sure that the revenue picture will turn around if they are allowed to install a freeway sign which will increase their sales. Mr. Brown added that they would like to have their station open 24 hours a day to provide service to the motoring public night and day. In reply to a question by em Kamena, he staed that when the sta- tion was built in 1968 the regular large Texaco Module sign had been put up but the City had forced them to remove it in 1976, at which time sales dropped severely. Cm Ebert stated that he would vote against the motion since he felt the sign ordinance was grossly anti-commercial. THE MOTION WAS VOTED ON AND PASSED 3-2, CM EBERT AND KAMENA DISSENTING. REPORT - RECYCLING TASK FORCE FINAL REPORT The final report details the current status of the recyling effort, the steps taken to achieve the present participation level, and rec- ommendations for Council consideration. Cm Dahlbacka suggested proceding with the staff recommendations and get a promotion committee going to increase the participation of the community. Mayor Turner agreed and commented that a special thanks was owed to Lois Hill and also to the Oakland Scavanger Co., who layed a major part in the enterprise. Lois Hill, 874 Adams Ave., Recycling Task Force, said she concurred wholeheartedly with the report and felt it was excellently written. Citizen participation had been tremendous. She hoped the program would be continued with aid from a state grant for equipment and publicity. It was the consensus of the Council to thank the committee members and direct staff to follow their recommendations of authorizing staff to work on SB650 grant application, to assess additional charges for second can only,if collection'rate adjustment is required, and to draw up charges and responsibilities for a committee to promote recycling. REPORT - TRANSPORTATION COMMITTEE FINAL REPORT The Transportation Advisory Committee was formed to work towards the implementation of a municipal transit system in Livermore. With the initiation of RIDEO on Aug. 14, 1978, the committee feels it has dis- charged its primary duty and requests that the committee be disbanded. The consensus of the Council was to approve the report and to thank all members of the Committee for their efforts, and the committee is discharged. CM-35-376 September 18, 1978 REPORT - BUS STOP BENCHES The Bench Ad Company has proposed installation of benches at city determined locations in return for being allowed to advertise on the benches. The Sign Ordinance would classify the benches as "off premises" and their use is prohibited. A discussion followed regarding the terms of the proposed contract, costs, kinds of ads used and liability insurance coverage. The consensus of the Council was to refer the matter to the Planning Commission for possible changes in the sign ordinance. REPORT RE HOME RULE AND FISCAL RESPONSIBILITY PLAN, LEAGUE OF CA. CITIES The City Council requested responses from appropriate city staff members evaluating the various "Issue Papers" in the League of Cali- fornia Cities Action Plan for the Return of Home Rule and Fiscal Re- sponsibility. Consensus of the Council was to use these responses at the League Conference to be held in Anaheim, Sept. 24-26. REPORT RE BIDS ON CITY-OWNED LOTS A recommendation was received from the City Manager to award a bid for seven lots owned by the City at Dogwood Drive and Nightingale St., Tract 3758, to Mr. Henry Tomlinson, the high bidder, and to instruct the City Attorney to prepare the necessary documents to complete the transaction. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, THE CITY MANAGER'S RECOMMENDATION WAS APPROVED. REPORT RE BIDS FOR TIRES AND TUBES Bids have been solicited to supply the City with its annual require- ments of pneumatic tires and tubes. Low bidder was Firestone Tire Company. Cm Staley said he would be willing to adopt the bid on the condition that Firestone furnishes quality control for each tire actually de- livered and proof that those tires actually meet City standards. The consensus of the discussion that followed was that the Council needed more information on this particular tire and it was decided to refer the item back to the Purchasing Agent. REPORT - HOUSING COORDINATION COMMITTEE A report was received from the City Manager regarding the Housing Coordination Committee, Charges, Duties and Responsibilities. This committee was part of the Housing Task Force Final Report, Item III, and the report was prepared at the Council's direction at the time of approval of Item III. MAYOR TURNER MOVED TO ACCEPT THE RECOMMENDATIONS TO APPROVE CHARGES, DUTIES AND RESPONSIBILITIES, AND TO CALL FOR MEMBERSHIP APPLICATIONS. THE MOTION WAS SECONDED BY CM DAHLBACKA AND PASSED UNANIMOUSLY. DISCUSSION RE STATIONARY EXTERIOR NOISE SYSTEMS This item was continued to a later meeting for discussion. CM-35-377 September 18, 1978 COMMITTEE APPOINTMENTS The following appointments were made with the direction that reso- lutions be prepared for the following week consent calendar: Energy Conservation Committee: Golf Course Greens Committee: Doug Henson Leo Meisner (Reappointment) Loren Kihlstrom Airport Advisory Committee: CONSENT CALENDAR Reso. re Housing Coordination Services The Council adopted a resolution authorizing execution of agreement with Livermore Housing Authority for housing coordination services pursuant to the HCDA budget. RESOLUTION NO. 253-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Livermore Housing Authority) Reso. re Installation of Gaging Station The Council authorized the execution of license to allow USGS to install a gaging station on Altamont Creek where it passes Christensen Park. RESOLUTION NO. 254-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (U.S. Department of the Interior, 'Geological Survey) Minutes - P.C. 8/22/78 The Planning Commission minutes from the meeting of August 22, 1978 were submitted for informational purposes. Resos. Reflecting Previous Action The following resolutions were adopted confirming action taken at the last regular meeting: (Tract 4005 - Sunset Development Co.) The Council granted a variance regarding side yard setback reductions and maximum floor area in 9 lots in Tract 4005, Sunset Development Co. RESOLUTION NO. 255-78 A RESOLUTION GRANTING A VARIANCE TO SUNSET DEVELOPMENT COMPANY (Tract 2648 - People's Church) The Council approved Tract 2648, People's Church, Bluebell Dr., PUD and CUP, and a negative declaration. RESOLUTION NO. 256-78 A RESOLUTION APPROVING PLANNED UNIT DEVELOPMENT AND CONDITIONAL USE PERMIT NO. 127-78 AND TENTATIVE PARCEL MAP NO. 2648 (people's Church) CM-35-378 September 18, 1978 (Re Consent Calendar) (Tract 4049 - Roy Jensen) The Council approved a pun/cup and Tract 4049 - Roy Jensen, et al, a 66.9 acre site located adjacent to Bluebell Dr., westerly of Heather Lane. RESOLUTION NO. 257-78 A RESOLUTION APPROVING PLANNED UNIT DEVELOPMENT AND CONDITIONAL USE PERMIT NO. 94-78 AND TENTATIVE TRACT MAP NO. 4049 (Parry, et aI, by Roy Jensen) (CUP - Dance Studio) The Council approved a CUP for a dance studio requested by Pam Gibson, 850 Hillcrest Ave. RESOLUTION NO. 258-78 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (Pamela Gibson) Payroll and Claims There were 90 claims in the amount of $164,359.94 and payroll warrants in the amount of $61,507.47, for a total of $225,867.41, dated 9/14/78, and approved by the City Manager. Reso. Re PERS Contract Amendment The Council approved a resolution of intention to amend the City's PERS Contract to allow partial compensation for approved sick leave hours at time of retirement. RESOLUTION NO. 259-78 A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES I RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF LIVERMORE. CONSENT CALENDAR APPROVAL ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. MATTERS INITIATED BY STAFF Gary Reiners, City Attorney, asked for an executive session to discuss a petition for a writ of mandate which was served on the City recently. George Nolan, Acting City Manager, asked the Council to designate which Councilmembers would serve on the subcommittee requested at the joint meeting of the city, schools, and the LARPD. Mayor Turner and Cm Kamena were the designated representatives, with Cm Dahlbacka to serve as an alternate. em Staley asked the Council to set a time, early in Dec., to discuss how next year's budget is going to be prepared, so Councilmembers have an opportunity to say what they want to see in the budget and how it's to be prepared. It was decided to discuss this item the first meeting in December. CM-35-379 September 18, 1978 ORD. ADOPTION RE INSPECTION FEES PUBLIC WORKS IMPROVEMENTS ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, AN ORDINANCE RELATING TO A MUNICIPAL CODE AMENDMENT REGARDING INSPECTION FEES FOR PUBLIC WORKS IMPROVEMENTS WAS ADOPTED. ORDINANCE NO. 964 AN ORDINANCE AMENDING SECTION 2.5, RELATING TO INSPECTION FEES FOR PUBLIC WORKS IMPROVEMENTS, OF CHAPTER 2, RELATING TO ADMINISTRATION, OF THE LIVERMORE CITY CODE, 1959. ORDINANCE RE SPECIAL CURB MARKINGS ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, AN ORDINANCE RELATING TO A MUNICIPAL CODE AMENDMENT REGARDING SPECIAL CURB MARKING WAS ADOPTED. ORDINANCE NO. 965 AN ORDINANCE AMENDING SECTIONS 13.53, 13.56, 13.58, AND 13.68, ALL RELATING TO CURB MARKINGS, OF ARTICLE V, RE- LATING TO STOPPING, STANDING AND PARKING, OF CHAPTER 13, RELATING TO MOTOR VEHICLES AND TRAFFIC, OF THE LIVERMORE CITY CODE, 1959. ORDINANCE RE TRANSIENT OCCUPANCY TAX ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, AN ORDINANCE RELATING TO A MUNICIPAL CODE AMENDMENT REGARDING THE TRANSIENT OCCUPANCY TAX, SECTION 21.85. ORDINANCE NO. 966 AN ORDINANCE AMENDING SECTION 21.85, RELATING TO IMPOSITION OF TAX, OF ARTICLE V, RELATING TO HOTEL TRANSIENT OCCUPANCY TAX, OF CHAPTER 21, RELATING TO TAXATION, OF THE LIVERMORE CITY CODE, 1959. ADJOURNMENT There being no further business before the Council, the meeting was adjourned to an executive session at 11:30 p.m. ---... ATTEST cJ~~Z ~ City Clerk Livermore, California APROVE CM-35-380 Regular Meeting of October 2, 1978 A regular meeting of the Livermore City Council was held on October 2, 1978, 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 Councilmernbers as well as those present in the audience in the Pledge of Allegiance. FIRE SAFETY WEEK AND CRIME PREVENTION WEEK Mayor Turner read an announcement proclaiming Oct. 8-14 Fire Safety and Crime Prevention Week and detailing activities planned by the Police and Fire Departments. MINUTES - 8/14/78 & 8/21/78 p. 334, 1st paragraph, should read "MOTION PASSED 3-1." p. 335, line 54, delete rest of sentence following "he" and insert "desired the Phase I information and lacked other background infor- mation at this time." CM KAMENA MOVED TO APPROVE THE CORRECTED MINUTES OF AUGUST 14, 1978 AND THE MINUTES OF AUGUST 21, 1978. CM DAHLBACKA SECONDED AND THE MOTION PASSED UNANIMOUSLY. OPEN FORUM No one wished to speak. PUBLIC HEARING RE LVJUSD OVERCROWDING Notice has been received from the School District regarding conditions of overcrowding which requires the Council to hold a public hearing and determine by resolution if it concurs that conditions of over- crowding do exist. Rudy D'Ambra, Livermore School District, explained that the 2% growth projection would cause conditions of overcrowding to exist in the high schools. Granada High School is currently at capacity and Livermore High School is 31 students over capacity. Projected student enrollment is 4,282 and capacity of both schools is 4,096. Mr. D'Ambra anticipated initiating studies for a new high school within the next year or two. He added that elementary schools probably would remain free of overcrowding for two years. ON MOTION OF CM KAMENA, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. Cm Dahlbacka asked about mitigation methods and remedies for over- crowding. Mr. D'Ambra stated that there are no practical mitigation measures that would be of use within the high schools at the present time, and that year-round schools did not seem to be a reasonable solution. CM DAHLBACKA MOVED THAT THE COUNCIL MAKE THE FINDINGS THAT THERE ARE CONDITIONS OF OVERCROWDING IN THE SECONDARY SCHOOLS BASED ON THE EVI- DENCE PRESENTED BY THE LlVEID10RE SCHOOL DISTRICT AND THAT THE ONLY MITIGATION MEASURE THAT HAS NOT BEEN EVALUATED IS THE YEAR-ROUND SCHOOL SYSTEM AND THAT AT THIS TIME IT IS NOT CONSIDERED REASONABLE BASED ON THEIR PREVIOUS STUDIES. SECONDED BY CM STALEY. CM-35-38l October 2, 1978 (Re P.H. School Overcrowding) Cm Kamena said that he felt there was a potential for various levels of fees depending upon where development goes. Mr. D'Ambra agreed that the current $570 fee will be revised as the need changes. Cm Dahlbacka suggested waiting till after the next School Board meeting to see if it might be necessary to establish a different figure. Gary Reiners, City Attorney, added that the purpose of the statute and of the ordinance was to provide interim facilities only. He said future legislation will supplement this legislation and try to come to grips with the real problem of long-term planning for a con- nection between new residential growth and permanent facilities. Cm Ebert expressed his concern with the $570 fee per unit being passed on to the buyer as a form of real estate tax. Gary Reiners said that in his opinion it was more in the nature of a dedication or fee related to burden imposed on the public at large and that it would not fall in the same category as an ad valorum property tax. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. COMMUNICATION RE SUNSET DEVELOPMENT VARIANCES A communication was received from Donald G. Miller stating that nine lots in the Sunset Development have been illegally granted permits and advising of the possibility of a legal suit. Mayor Turner continued the item to executive session immediately following the regular meeting. Cm Ebert read a paragraph from a letter received from Alex Mehran, Sunset Development, stating that the consumer would be the loser if the houses are not built according to the variances as granted, since Sunset's profit is based on a per unit basis rather than on percentage basis and their profit remains the same regardless of the size of the house built. COMMUNICATION RE HOTLINE A communication was received from Hotline asking for relief from paYment of rent ($100 per month) in the Multi Service Center. The consensus was to refer the item back to staff for a report on the impact of ren- tal waiver(s). COMMUNICATION RE BART An informational copy of a letter from R. S. Allen, BART Director, to AssemblYman Boatwright regarding BART extension into the Valley, was noted for filing. COMMUNICATION - SIERRA CLUB A communication was received from the Sierra Club in response to the City's letter regarding the possibility of decreasing the def- inition of a car pool from 3 to 2 persons in the diamond lanes on 1-580. The Sierra Club stated that at this point they were not int- erested in pursuing a change in this definition because they felt its applicability had not been truly tested since the I-580 project is unfinished. em Staley felt the Sierra Club's stand was unreasonable, since the diamond lanes have not been successful. CM-35-382 October 2, 1978 (Re Communication - Sierra Club) Mayor Turner commented that if the Sierra Club's position would do away with the diamond lanes, he would support it. Cm Dahlbacka suggested sending a letter to the local Sierra Club to see if they can initiate any action within the organization itself. RESIGNATION - NEIL RILEY PLANNING COMMISSION A communication was received from Neil Riley resigning from the planning Commission. Council instructed staff to send Mr. Riley a letter of appreciation. COMMUNICATION RE CROSSING GUARD PROGRAM A communication was received from John and Lynne Stein urging the Council to reconsider transferring the crossing guard program to the schools. The item was referred to the Crossing Guard Committee. COMMUNICATION RE ANNEX- ATION A request was received from varni, Fraser et al seeking to re-esta- blish annexation of an 80 acre parcel located at Las positas and First Street. Cm Ebert suggested writing a reply saying that the Council is agreeable to his request. em Staley said he supported the request for annexation to the City but wondered what the conditions would be. CM EBERT MOVED TO REFER THE REQUEST TO THE PLANNING COMMISSION AND TO WRITE TO MR. FRASER REGARDING THE COUNCIL'S INTENTION TO SUPPORT THE ANNEXATION SUBJECT TO MUTUALLY AGREED UPON CONDITIONS. THE MOTION WAS SECONDED BY CM KAMENA AND PASSED UANANIMOUSLY. DISCRETE SEWAGE DISPOSAL SYSTEMS POLICY A communication was received from the Board of Supervisors, County of Alameda, amending a resolution in regard to Discrete Sewage . The Board originally resolved that an EIR not be done at this time for the adoption of a Discrete Sewage Disposal Systems policy, and that each project be reviewed on a case- by-case basis. This communication clarifies the Board's policy. The item was referred to the City Attorney. COMMUNICATION - LARPD The LARPD inquired about the reV1S10n of Section 12.58 of Ordinance 959 regarding dwelling construction business license tax (bedroom tax). The ordinance was changed in June 1978 based on recommenda- tion of city staff. The consensus was to refer it to the Liaison Committee to be brought back to Council as an agenda item after November 13. COMMUNICATION RE KIESER, RUTH AND LIVERMORE ASSOCIATES PROPERTY The Council was asked to evaluate a request received by Zone 7 from Kieser, Ruth and Livermore Associates regarding Zone 7 providing sewer and water services to properties owned by them. The proper- ties are outside the City's Sphere of influence and are being CM-35-383 October 2, 1978 (Re Kieser, Ruth and Livermore Associates property) developed in accordance with the County's General Plan provisions. The consensus of the discussion that followed was that the Council opposed the development. The item was referred to the City Attorney and to the Planning staff for a report and it was decided to ask Zone 7 for a time extension to study this and to express Council opposition. COMMUNICATION RE TRAFFIC ON EAST AVENUE A number of communications have been received from citizens who are concerned regarding traffic safety conditions on East Avenue, espec- ially in view of the recent pedestrian fatality. A letter was re- ceived from Barbara Slater, Leahy Square Tenants Association request- ing better traffic control and better policing of the East Avenue area. Betty McBride, 3248 Leahy Way, stated that the injury and accident statistics are rapidly rising for East Avenue. She and other mothers in Leahy Square are concerned because they have children attending Fifth School, East Avenue School and Livermore High School and they are con- cerned for their safety going to and coming from school. Pam Slater, 3240 Leahy Way, added that the Police Dept. and the traffic judges must support the posted speed laws, and that drivers must stop ig- noring the crossing guards if children are to be safe crossing East Ave. Chief of Police, Mel Nelson, said special efforts were made the first and second weeks of September to make the general public conscious of the fact that school would be starting and that they should be espec- ially safety conscious. He added that there were"several hot spots in town as far as traffic problems were concerned and East Avenue was one of them. Police officers have been working overtime patrolling East Avenue and have handed out 168 tickets in the last few days. Roberta Stuart, 3934 East Ave., expressed her concern with the speed of traffic on East Avenue and the resultant noise pollution. Joan Pendergast, 3544 Leahy Way, suggested putting up school crossing signs, adding crossing guards at 7th & East and at Livermore & East, and at the Livermore/East/4th St. intersection leave the lights red for one minute out of six between 7:30 and 8:30 a.m. and again when school is dismissed for the day. She also suggested a pedestrian light at Jensen and East Avenue. Evelyn Bakken, 1888 Buena Vista, commended the Police Department on their efforts of the last week. Virginia Moniz, who lives on the corner of Jensen and East Avenue, suggested prohibiting truck traffic on East Avenue, installation of a left turn pocket at Jensen & East, and prohibiting left turns out of the Jiffy parking lot. Mary Sparks, 3346 Leahy Square, said that it is the Council's respon- sibility to make sure that children are safe going to and coming from school each day. The item was referred to the Police Chief and Public Works Director for reports and recommendations for further action. COMMUNICATION RE ATTIC VENTILATING FANS A memo from the Energy Conservation Committee noting the possibility that attic fans may not truly conserve energy with attics that are adequately insulated was noted for filing. CM-35-384 October 2, 1978 RETIREMENT CREDIT FOR UNUSED SICK LEAVE The City Council approved a credit for unused sick leave at the time of retirement at their meeting of September 18, 1978. Government Code Section 7507 requires that costs be publicly announced at a public meeting two weeks prior to the adoption. These costs were listed in the staff report but must also be read into the record. The record will state that the annual expenditures are estimated to be: General Fund $8,750 and Municipal Enterprise Funds $2,000, for a total ex- penditure of $10,750. RESO. RE EROTIC NEWS STORE DECLARED PUBLIC NUISANCE CM EBERT MOVED TO ADOPT A RESOLUTION DECLARING THE USE OF THE PREMISES AT 2121 FIRST STREET FOR THE DISPLAY OF OBSCENE MATERIALS A PUBLIC NUISANCE, SECONDED BY CM KAMENA. Cm Dahlbacka stated that in his opinion the material being sold in this particular store was no worse than material being sold in other stores in Livermore. He asked what further action the City Attorney was going to take under this resolution. Gary Reiners replied that he's prepared two draft ordinances to pre- vent the proliferation of this type of business in Livermore and that he's still in negotiation with the attorney for the lessee in an effort to alter the exterior appearance of the premises. Cm Dahlbacka commented that he could not see that approving this resolution was going to have any effect on controlling this type of business. Cm Ebert stated that while he was all in favor of individual rights and freedoms, he felt the business was obnoxious and he was going to vote for the resolution. THE MOTION TO ADOPT THE RESOLUTION WAS VOTED ON AND PASSED 4-1, CM DAHLBACKA DISSENTING. RESOLUTION NO. 260-78 A RESOLUTION DECLARING USE OF PREMISES LOCATED AT 2121 FIRST STREET, LIVERMORE, CALIFORNIA, FOR DISPLAY, SALE AND DISTRIBUTION OF OBSCENE BOOKS, MAGAZINES AND PERIODICALS CONSTITUTES A PUBLIC NUISANCE AS DEFINED IN SEC.3479 AND 3480 OF THE CIVIL CODE. RESO. RE TENTATIVE PARCEL MAP NO. 2745 - LYONS RESTAURANT The Council discussed a proposal to divide a 1.3 acre site into two parcels. Lyons Restaurant and parking proposed for location on Parcel A and Parcel B to be dedicated to Valley Memorial Hospital. CM STALEY MOVED TO ACCEPT THE STAFF'S RECOMMENDATION AND ADOPT A RESOLUTION APPROVING THE PARCEL MAP SUBJECT TO CONDITIONS, SECONDED BY CM KAMENA. Cm Dahlbacka asked that it be noted in the record that he had opposed the CUP for this site. MOTION PASSED UNANIMOUSLY. RESOLUTION NO. 261-78 A RESOLUTION APPROVING TENTATIVE PARCEL MAP 2745 (Cliff Grodin) CM-35-385 October 2, 1978 RESO. RE BID AWARD FOR PNEUMATIC TIRES AND TUBES Following a report by the purchasing Agent, requested by Council, regarding safety factors of Firestone Tires (pneumatic tires and tubes, CM KAMENA MOVED TO ADOPT A RESOLUTION AWWARDING THE BID TO FIRESTONE TIRES, SECONDED BY MAYOR TURNER AND UNANIMOUSLY PASSED. RESOLUTION NO. 262-78 A RESOLUTION AWARDING BID (Firestone Tire Co.) RESO. RE EIR ON WATER RECLAMATION PLANT The Council adopted a resolution authorizing execution of agreement between the City of Livermore and the Veterans Administration Medical Center to participate in the preparation of the Step I project and EIR on the Water Reclamation Plant. ON MOTION OF CM EBERT, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WAS ADOPTED. RESOLUTION NO. 263-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT AIRPORT PROPERTY ACQUISITION SOUTH APPROACH The City Council previously approved application to the State Dept. of Aeronautics for a grant for the acquisition of land. The State has suggested that the acquisition be modified slightly, increasing the amount of land required from 18.5 to 20.4 acres at an additional cost of $11,400, the State will pay 90% and the City 10% or $1,140. This will bring the total cost to the City to $5,666. $4,526 is al- ready budgeted in this year's Preliminary Operating Budget and the $1,140 is available in the Airport Improvement Fund. Staff recom- mended that the City Council approve the changes in the parcel dimen- sions and also approve the negative declaration, and instruct the City Clerk to file a Notice of Determination with the County of Alameda. ON MOTION OF CM STALEY, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, THE STAFF RECOMMENDATIONS WERE APPROVED. SPRINGTOWN GOLF COURSE GOLF CART ENCLOSURE The Golf Professional requested that the City Council approve the building of a golf cart enclosure to protect the golf carts from vandalism at a cost of $1,500+. ON MOTION OF CM KAMENA, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE COUNCIL AUTHORIZED A CHANGE TO THE PROPOSED SPRINGTOWN GOLF COURSE BUDGET TO ALLOW THE BUILDING OF THE ENCLOSURE. APPEAL - MINOR VARIANCE JOHN BURDICK The Council considered an Appeal of a Planning Commission decision regarding a Zoning Administrator Minor Variance at 2606 Pickfair Lane from Mr. John Burdick. The granting of the variance had allowed the construction of a pool at 2606 Pick fair Lane and a neighbor, David Banner at 2624 Pickfair Lane was questioning the legality of the variance. Mr. Banner was also concerned with the damage which he claimed had occured to his property. CM-35-386 October 2, 1978 (Re Appeal - Minor Variance - John Burdick) It was the general consensus of the Council that this was a matter of private rights of both parties and should be resolved in small claims court or with each other. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE COUNCIL UPHELD THE ZONING ADMINISTRATOR'S GRANTING OF THE VARIANCE. CUP - NAVLET'S GARDEN CENTER The Planning Commission has recommended that the Council adopt a resolution approving a CUP for Navlet's Garden Center - Nursery Sales at the southeast corner of Stanley Boulevard and Murdell Lane, to direct the City Clerk to file a Negative Declaration with the Alameda County Clerk, and to deny a CUP to allow commercial offices at the location. Brad Hirst, 3014 Lakeshore Dr., Oakland, representing Navlet's Nursery, stated that he had hoped that the Council would approve a blanket CUP which would include both the Garden Center and the commercial buildings. Since the Planning Commission did not recommend this and since the fire hydrant was to service the com- mercial buildings, he did not feel that Navlet's should be required to put in the fire hydrant at this time. The consensus of the Council was to refer the matters of the com- mercial buildings and the fire hydrant back to the Planning staff to be brought back for Council sometime in the future. CM STALEY MOVED TO APPROVE THE CUP FOR NAVLET'S GARDEN CENTER, APPROVE THE NEGATIVE DECLARATION, AND TO REFER THE MATTERS OF THE COMMERCIAL OFFICES AND THE FIRE HYDRANT TO THE PLANNING STAFF. A RESOLUTION WILL BE PREPARED FOR THE NEXT REGULAR MEETING'S CONSENT CALENDAR. MOTION SECONDED BY CM EBERT, AND UNANIMOUSLY PASSED. PUBLIC HEARINGS SET ON MOTION OF CM STALEY, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE FOLLOWING ITEMS WERE SET FOR PUBLIC HEARING ON OCTOBER 23, 1978. a. PUD/CUP for 66 unit townhouse development on a site located approximately 206 feet south of East Avenue and 450 feet east of Dolores st. b. Master E.I.R. for residential development to the year 2000. c. CUP/PUD for single family development on a site located east of Broadmoor St., north and south of Scenic Avenue. d. Rezoning from RL-7 to RG-16 property located south of College Avenue, westerly of 2691 College Avenue. e. CUP/PUD for single family residential development site located south of Las Positas, west of Hagemann Drive. The Council noted that the October 23 agenda should be light on other matters considering the number of public hearings. HOUSING & COMMUNITY DEVEL- OPMENT ACT BLOCK GRANT PROPOSALS, 1979-80 - PUBLIC HEARING SET City participation in the "Urban County," Housing and Community Devel- opment Act Block Grant Program, includes setting a Public Hearing at this time for review of proposed projects for federal funding. CM-35-387 October 2, 1978 (Re Public Hearing Set) ON MOTION OF CM KAMENA, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, A PUBLIC HEARING WAS SET FOR OCTOBER 23, 1978 FOR THE HOUSING AND COMMUNITY DEVELOPMENT ACT BLOCK GRANT PROPOSALS. GROWTH RATE RE PENTACOSTAL BIBLE COLLEGE PROPERTY The Planning Commission has requested that the Council indicate that this property located at L St. and College Ave is exempt from the 2% growth rate. CM KAMENA MOVED TO EXEMPT THE PENTACOSTAL BIBLE COLLEGE PROPERTY FROM THE 2% GROWTH RATE, SECONDED BY CM EBERT. THE MOTION PASSED 4-0, CM DAHLBACKA ABSTAINING BECAUSE OF A POTENTIAL CONFLICT OF INTEREST. CONSENT CALENDAR Reso. Re Variance The Council approved a resolution granting a variance to Tim Hern regarding side yard setback. RESOLUTION NO. 264-78 A RESOLUTION GRANTING VARIANCE (Tim Hern) Reso. Re Permit Denial The Council approved a resolution upholding denial of a dance permit for Granucci's Cocktail Lounge. RESOLUTION NO. 265-78 A RESOLUTION UPHOLDING DENIAL OF DANCE PERMIT (Granucci's Cocktail Lounge) Reso. Re Denial of Variance The Council approved a resolution upholding the denial of a variance to Springtown Texaco for a higher and larger sign. RESOLUTION NO. 266-78 A RESOLUTION UPHOLDING DENIAL OF VARIANCE (Springtown Texaco) The Council authorized the Execution of Deeds in regard to the sale of Dogwood Park Parcels to the high bidder, Henry Tomlinson, as approved by Council on 9/18/78. RESOLUTION NO. 267-78 A RESOLUTION AUTHORIZING EXECUTION OF DEEDS (Tract 3758) Reso. Re Urban County HCD Program The Council adopted a resolution authorizing execution of Agreement with Alameda County regarding the Urban County HCD Program. RESOLUTION NO. 268-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Alameda County) CM-35-388 October 2, 1978 (Re Consent Calendar) Resos. Re Appointments The Council adopted three resolutions approving the appointments of: Loren Kihlstrom - Airport Advisory Leo Meisner - Greens Committee Doug Henson - Energy Committee RESOLUTION NO. 269-78 A RESOLUTION FOR APPOINTMENT TO THE AIRPORT ADVISORY COMMITTEE RESOLUTION NO. 270-78 A RESOLUTION FOR APPOINTMENT TO THE GOLF COURSE GREENS COMMITTEE RESOLUTION NO. 271-78 A RESOLUTION FOR APPOINTMENT TO THE ENERGY COMMITTEE Reso. Re Quitclaim The Council authorized execution of Quitclaim (Jose A. De Sousa and Gizela De Sousa). RESOLUTION NO. 272-78 A RESOLUTION AUTHORIZING EXECUTION OF QUITCLAIM (Jose A. De Sousa and Gizela De Sousa) Payroll and Warrants There were 298 claims in the amount of $215,671.06 and 290 payroll warrants in the amount of $109,525.66, less transfer to savings of $330,000.00, for a total of $665,196.72, dated Sept. 28, 1978 and approved by the City Manager. Departmental Reports The fOllowing departments submitted informational reports. Police Department - August 1978 Building Inspection Department - August 1978 Reso. Re Appointment of City Manager The Council, by resolution, appointed a City Manager and established compensation for the position. RESOLUTION NO. 274-78 A RESOLUTION APPOINTING CITY MANAGER AND ESTABLISHING COMPENSATION FOR SAID POSITION APPROVAL OF CONSENT CALENDAR ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. CM-35-389 October 2, 1978 MATTERS INITIATED BY STAFF/COUNCI LMEMBERS (Resos. Re Tract 3925 Roy Jensen) ON MOTION OF CM KAMENA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, THE COUNCIL AGREED TO SUSPEND THE RULES TO APPROVE TWO RESOLUTIONS REGARDING TENTATIVE TRACT 3925. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, TWO RESOLUTIONS REGARDING TRACT MAP 3925, ROY JENSEN DEVELOPMENT WERE ADOPTED. RESOLUTION NO. 273-78 RESOLUTION APPROVING MAP OF THE SUBDIVISION OF TRACT 3925 RESOLUTION NO. 275-78 RESOLUTION ACCEPTING AGREEMENT AND CASH BOND FOR IMPROVEMENTS TO TRACT 3925 (Alcoholic Beverage Ordinance) Cm Staley asked Council to consider an amendment to the ordinance pertaining to alcoholic beverage consumption in public streets. (Joint Powers Agreement) Cm Dahlbacka requested an agenda item on joint powers agreements, relating to an informational report by the Assistant City Attorney. ADJOURNMENT There being no further business before the Council, the meeting was adjourned to an executive session for discussion of litigation and personnel matters. . ."-,.,. (/~ '----I . Ma r - ~ ' I C~ty Clerk Livermore, California - - APPROVE ATTEST CM-35-390 Regular Meeting of October 16, 1978 A regular meeting of the Livermore City Council was held on October 16, 1978, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Turner at 8:05 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. SPECIAL EVENTS Mayor Turner thanked George Nolan, who has been the interim City Manager for the past few weeks, for a job well done. Mr. Nolan has returned to his duties as Finance Director as of this date. An official welcome was extended by Mayor Turner to the new City Manager, Leland Horner, who assumed the duties of his new position today. MINUTES APPROVAL 8/28/78 & 9/7/78 P.350, line 51, 52 and 53 to read: CM DAHLBACKA MOVED TO AUTHORIZE THE CITY TO ENTER INTO AGREEMENT, SECONDED BY CM EBERT. THE MOTION IS TO INCLUDE A WORD CHANGE IN THE CONTRACT (p.5, Item 13, Para. C, to read "subject any person") REQUESTED BY CM KAMENA. ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY, AND BY A VOTE OF 3-1, THE AMENDED MINUTES OF AUGUST 28, 1978 WERE APPROVED, CM STALEY ABSTAINING. ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE THE MINUTES OF SEPTEMBER 7, 1978, WERE APPROVED AS SUBMITTED. PUBLIC HEARING - PROPOSED 1978-79 BUDGET The City Council, at their study session meeting on October 2, 1978. reviewed the Operating Budget and directed that the Preliminary Operating Budget and the Capital Improvement Budget be set for public hearing at this time. The Planning Commission has reviewed the Capital Improvement Budget and finds it to be in conformance with the General Plan. Included is the proposed use of $533,823 Revenue Sharing Funds for the construction of the Administration Building. Mr. Nolan advised Council that the City has been informed by Alameda County that they intend to hold back about $30,000 of our ad valorem taxes pending disposition of the suit over their assessment practices. He added that the State Controller has advised the City that they have increased our state bailout money by about $470, and that these funds are subject to the state's requirements regarding reserve position. In reply to a question by Jerome Wilverding, Gary Reiners, City Attorney, explained that SB22l2 does not forbid wage increases per se, it prohibits any increase in cost of living increases in an amount greater than that given to state employees. Gov. Brown has given state employees nothing and thereby has effectively prohib- ited any cost-of-living increase. He added it does not apply to reg- ular step promotional increases or merit increases. CM-35-39l October 16, 1978 In answer to an inquire, Cm Staley stated that last year's budget was funded for the salaries that were paid at the time the budget went into effect, and this year's budget is based on the salaries that are currently in effect. Increases are not part of the budgeted salaries but are carried in budgeted reserves. ON MOTION OF CM STALEY, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. Cm Dahlbacka commented that in the Capital Improvement Budget there are funds allocated for the Channelization of 4th St. and study money allocated for the underpass where the railroad tracks intersect with Murrieta, and widening the street at Olivina and Murrieta. He sug- gested that Murrieta be finished or widened as far down as possible before the underpass was completed, taking the money from the 4th St. channelization project if the traffic accident record in the last couple of years has decreased for 4th St. He was willing to vote for the budget as submitted but would like a staff analysis of his sug- gestions. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED A RESOLUTION APPROVING THE 1978-79 FISCAL YEAR BUDGET. RESOLUTION NO. 276-78 A RESOLUTION APPROVING 1978-79 FISCAL YEAR BUDGET Cm Dahlbacka asked from which fund the overage for the Administration Building was to be taken. Georga Nolan, Finance Director, noted that the money available from the public property improvement fund (bedroom tax money) would be a prime source. Another source might be the park fund. The overage is about $177,000. OPEN FORUM Jack King, 750 Moraga Drive, member of the Social Concerns Committee, offered the Committee's help in developing a general safety program for the City. Mayor Turner suggested that he meet with Mr. Horner to discuss some ideas which Mr. Horner could relate to the Council at a later date. COMMUNICATION RE DESTRUCTION OF SYCAMORE TREES - EAST AVE. The destruction of sycamore trees in the rerouting of East Avenue was protested in a communication from Sheron Clark. The consensus of the Council was to refer the item to Public Works for the preparation of a report to be brought to the Council for discussion at a later date. COMMUNICATION RE ANNEXATION A communication was received from Keith Fraser of Varni, Fraser, Hartwell & Van Blois, on behalf of Spivak Properties, requesting annexation of five parcels near North Greenville Road and Laughlin Road. ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE ITEM WAS REFERRED TO THE PLANNING STAFF FOR RECOMMENDATION. CM-35-392 October 16, 1978 COMMUNICATION - CITY OF SOUTH EL MONTE A resolution was received from the City of South El Monte, California, establishing its strong opposition to the lack of concern on the part of the State of California with regard to the impact of state man- dated costs on local governmen.. They asked that the City of Liver- more adopt the resolution and forward it to our State Representative. The consensus of the Council was to send a letter of support to our Assemblyman and Senator. and to note and file the resolution. COMMUNICATION RE CHIEF JUSTICE ELIZABETH BIRD A resolution was received from the City of Compton, California, supporting Chief Justice Elizabeth Rose Bird. It was noted for filing. SCHOOL D RICT'S APPTS. TO JOINT COMMITTEE The Livermore Valley Unified School District announced that Jan Brice and Manuel Prado will be the School District's representatives to the joint committee (City Councilmembers/LARPD Directors and Board of Education members). A meeting will be scheduled sometime in Nov- ember after the elections. RE REAPPOINTMENT OF CARLTON DOUGLAS A letter was received from Carlton Douglas, Greens Committee, stating that he does not wish to be considered for reappointment. Council asked that a letter of appreciation and thanks be sent to Mr Douglas. COMMUNICATION THANKING COUNCIL Jack King, on behalf of the Social Concerns Committee thanked the Council for the time they spent reviewing the CETA VI, Round 4 proposals. Mr. King's letter was noted for filing. PETITION RE CONDITIONS AT MAY NISSEN PARK A petition was received from citizens of Crane Avenue regarding con- ditions at May Nissen Park and the loitering of teenagers in and around the park. Mayor Turner commented that the merchants in the nearby shopping center were concerned with the vandalism in the area. Cm Ebert said it has been his observation for a number of years that it is a vulnerable area because it's close to a fairly low-cost, low-income neighborhood, where the kids use the park for a gathering place. He felt, though, that not all the problems should be directly attributed to teen-agers. He added that LARPD had had problems main- taining the park even before Proposition l31s passage because of the vandalism to sprinklers, etc. Pat Brown, 823 Crane Ave., stated that all the police do is take the kid's bottles away from them and kick the kids out of the park. She would rather see them arrested or picked up, since that would prevent their returning to the park after the Police leave. Cm Kamena said his hope would be to ask the people in the area what they would like to see happen and secondly that the Council would support referral of the matter to LARPD and the Police Dept. for investigation. CM-35-393 October 16, 1978 (Re May Nissen Park) Mel Nelson, Chief of Police, said that his department has been aware of the problem for about four weeks. A police officer was sent to talk to the youngsters and try to reach a reasonable compromise. As the officer was leaving, they threw rocks and bottles at him. Several patrol units were then assigned to check on the area every half hour or hour. A foot patrol was instituted which eventually led to the arrest of 5 or 6 persons. He said the Police Department would continue the selective enforcement in the area as much as they could. Jim Smith, 807 Crane, said that the walkway fence leading into the park has been repeatedly kicked down by juvenile boys, aged 15-16. He added that the poor maintainence of the park creates a safety problem for the younger children. He suggested locking up the walkway and replacing the wood fence with a chain link one. Mayor Turner stated that the situation will be referred to LARPD for action in the near future and he added that the Police Department will keep a close tab on the kids using the park. Cm Kamena suggested that in addition to implementing the various rec- ommendations, the item should be brought back as an agenda item in a few weeks for a follow-up report. ern Staley suggested looking into the possibility of installing a gate that could be closed at dark at the Crane walkway entrance. Sheila Spear, 815 Crane Ave., stated that she could not let her child- ren go to the park by themselves because of the problems there but particularly because of the amounts of broken glass. She added that speeding cars are a problem late at night. The consensus of the Council was to refer the item to LARPD and the Police Department with reports to come back to the Council in a few weeks. CITY MANAGER'S REPORT There will be crossing guard meeting on October 18 at 7:30 p.m. The South Livermore Avenue Reconstruction project will be completed in about 6 weeks. The Multi-Service Center will be ready for occupancy about November 15 and a grand opening has been planned for after that date. A Multi- Service Center Director has been appointed, Winifred Rambo, who began work, half-time, today. The Police Department is up to full strength, with the recent hiring and swearing-in of 7 additional officers. Progress on the Administration Building is continuing on schedule. The County and City Planning Commissions have been meeting in a joint session and will have a recommended policy on rural residential devel- opment to bring before the Council shortly. RE RECYCLING COMMITTEE At the City Council meeting of 9/18/78, the City Council accepted the final report of the Recycling Task Force, and directed the staff to draw up charges, duties and responsibilities for a committee to pro- mote recycling, which will be submitted to the Council for their approval. ON MOTION OF CM EBERT, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE CHARGES, DUTIES AND RESPONSIBILITIES WERE ADOPTED AS RECOMMENDED, AND A CALL WAS MADE FOR VOLUNTEERS. CM-35-394 October 16, 1978 PROPOSED ANNEXATION- LAS POSITAS AND FIRST ST. The proposed annexation was presented to the City Council at their meeting of 10/2/78 and referred to staff for a report. The staff's recommendation is to refer the matter to the Planning Commission for General Plan amendment; and, if the General Plan is amended to a residential classification, apply to LAFCO for annexation of the property. CM STALEY MOVED TO ADOPT THE STAFF'S RECOMMENDATIONS, SECONDED BY CM DAHLBACKA. Gary Reiners, City Attorney, added that about six months ago a bill passed allowing cities to annex islands and fingers of County land that meet certain conditions such as being within the City's sphere of influence and the property being developed immediately. A map will be drawn up of those properties meeting the requirements, and a list made of those which do not meet the requirements and why they do not. MOTION PASSED UNANIMOUSLY. RDP IMPLEMENTATION On September l8, 1978, the City Council extended the current policy of approving residential development to the 1979 calendar year with the modification of allocating 10 housing units for projects with 4 or less units. CM KAMENA MOVED TO DECLARE THE MAXIMUM NUMBER OF DWELLING UNITS TO BE APPROVED DURING 1979 TO BE 355, SECONDED BY CM STALEY. In reply to an. inquiry by Mayor Turner, Howard Nies, Planning Dir- ector, stated that per Council instruction, 10 units would be set aside for this interim year. em Dahlbacka noted that there was a significant difference between setting aside 10 for single lots and 10 for 4 or less units and his understanding was that it was for 10 single lots of record, not single family and not 4 or less units. Cm Kamena said the intent of his motion was 10 lo~s. CM EBERT MADE AN AMENDING MOTION TO ADOPT THE FIGURE OF 355, BASED ON A FACTOR OF 1.02 OF THE PREVIOUS YEAR, WITH THE AMEND- MENT THAT, SHOULD COUNCIL LATER DECIDE WITH ALL THE APPROPRIATE MECHANISMS THAT THEY WISHED TO CHANGE THE FACTOR OF 1.02, THAT IT CAN AT THAT TIME BE DONE. MOTION DIED FOR LACK OF A SECOND. THE MAIN MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. Mayor Turner stated that he felt project approval should be given on a first come, first serve, basis after the beginning of each new year, with each applicant filling out a new application at the begin- ning of each new year, and no priority given to applications from the previous year. Cm Kamena disagreed, saying that he felt there would be internal con- sistency if they proceded down the list that exists, from one year to the next. He added that he thought this was the City Attorney's and the Zoning Administrator's interpretation, too. Gary Reiners commented that either procedure would be legally permis- sible. ern Dahlbacka asked if Cm Kamena's suggestion was accepted, would the City be bound to continue accepting applications even after the maxi- mum number of 355 had been reached He asked if there were any more applications beyond the 348 that were approved this year. Cm Kamena commented that there were over 900 applications this past CH-35-395 October 16, 1978 (Re RDP Implementation) year, approximately 410 of which would have been eligible. Gary Reiners stated that the filing of a tract map has legal signif- icance which can't be altered by Council action. However, position on an informal priority list for sewage hookups can be changed by Council policy. These policy options would be: to continue moving down this year's list, to open that list up, or to totally erase that list and set up a new list on a first-come first-serve basis. em Staley commented that if a new list is to be made each new year, chaos would result. He suggested continuing down the list which would still be in the spirit of the present first-come first-serve policy. CM KAMENA MOVED TO CONTINUE DOWN THE LIST THAT HAD BEEN ESTABLISHED, SECONDED BY CM STALEY. MOTION PASSED UNANIMOUSLY. It was the consensus of Council that no more than 50 allocations be approved for each developer for the duration of the policy. EAST AVENUE TRAFFIC PROBLEMS The City Council requested a report from the staff regarding traffic problems on East Avenue. Recent accidents on East Avenue have called attention to various safety conditions which can possibly be improved. Mayor Turner commented that it isn't only East Avenue that has traffic problems. Pedestrians have difficulty crossing at many different loca- tions in Livermore. His observation was that there seems to be a real problem with people obeying the law. Dan Lee, Director of Public Works, commented that his department's re- port and recommendations had been widely distributed prior to tonight's meeting, copies being sent to the Leahy Square Association, Jiffy Store and to residents along East Avenue. He added that Recommendation (c) which reads "Authorize the application for HCD Funds to construct medians at Jensen Ave...." had been broadened to include traffic signals. Recom- mendation (d) regarding bus stop relocation should be changed since Ed Schilling met with AC Transit and they have recommended putting a bus stop on the south side of the street (East Avenue and Research Drive, east-bound) for which an additional fare would not be charged. Mayor Turner pointed out that there is a problem at East Ave. and Hill- crest because of the number of children and bicycles attempting to cross going to and coming from school. A suggestion was made to install a bike ramp at the northeast corner of the intersection. James Gaskill, 875 Estates St., stated that he felt the Public Works Department recommendations were only a "band-aid" approach. He felt the only feasible solution was the development of alternate routes, and he recommended seeking funds for that purpose with preparation of engineering design and construction plans in advance, so that the work could be done expeditiously when the money is available. ern Dahlbacka agreed with Mr. Gaskill's comments and added that would like to see N. Mines Rd. and Concannon Blvd. developed as alternate routes. He reminded the Council that they had in the past discussed a major street fee but had not come to any decision at that time. He sug- gested Council reconsider the major street fee proposal as an agenda item. Mayor Turner requested staff to provide Council with that information and with their comments on Mr. Gaskill's suggestions. Jerome Wilverding, 4886 Primrose, stated that bicycles are going both directions on both sides of East Avenue, creating a safety problem, and suggested restricting bicycle traffic to one direction only on each side of the street. CM-35-396 October 16, 1978 (Re East Ave. Traffic) Cm Staley pointed out the development of Concannon Blvd. as an alter- nate route would result of the loss of some vineyard land. Rae Stein, 1334 Kathv Ct., asked why a traffic signal was recommended at Charlotte as opposed to Mitra or Almond Ave. Dan Lee explained that Charlotte Way is a collector street, the main street that serves the Waggoner Farms area. Mayor Turner pointed out that the signalization of East Avenue is still an open issue and added that the County would also have some say in the matter. Cm Staley added that development was complete surrounding the Mitra entrance and was not complete in the Charlotte area. Dan Lee stated that the internal street system off Mitra is not ade- quate to handle the traffic that a signal would concentrate there. Mayor Turner asked staff to keep Council informed on the situation. POSITION OF DIRECTOR OF COMMUNITY DEVELOPMENT The 1978-79 Proposed Budget includes this position for 5 months only through November 30, 1978, and Council must determine if this function is to be continued in the City of Livermore. Jerome Wilverding, 4886 Primrose, stated that he was initially against the hiring of a Director of Community Development but had changed his mind because he felt the Director had had a positive effect on devel- opment in Livermore. CM EBERT ~OVED THAT THE COUNCIL CONTINUE THE co~rnUNITY DEVELOP~ENT DEPARTMENT, FUNDED FOR ONE DIRECTOR AND FOR ONE HALF-TIME SECRETARY AND PUT IT INTO THE BUDGET, SECONDED BY CM STALEY. CH KAMENA MADE AN AMENDING MOTION TO HAVE THE COMMUNITY DEVELOPMENT DIRECTOR REPORT DIRECTLY TO THE CITY COUNCIL, SECONDED BY CM STALEY. Cm Staley said that he felt the Development Director should be re- sponsible for Grant Applications and added that he was in favor of Cm Kamena's amending motion. Cm Dahlbacka said that he opposed the amendment until he had some comments from the City Manager on the City's managerial structure. He suggested having the Development Director report to the City Man- ager rather than the City Council. Gary Reiners commented that in his op1n1on, implementation of Cm Kamena's amending motion would require an amendment to the City Man- ager Ordinance. Mayor Turner commented that he felt that the Community Development Department was necessary and that the position of Director had to have some authority. He suggested giving the City Manager some time to prepare a report on tonight's suggestions. Cm Kamena withdraw his amending motion and it was the consensus of the Council to have Mr. Horner, the City Manager, evaluate the re- porting structure and report to the Council within 30 days with his recommendations on how to preserve the autonomy of the Director's position. THE ~~IN MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. CM-35-397 October 16, 1978 ADDITIONAL RIDEO BUS PURCHASE A report was received by Council detailing the need for a second back-up transit bus which would allow one bus to be out of the city for major repairs and still leave a back-up bus to fill in for minor breakdowns. The Specifications for the System did not anticipate this need so it will be necessary for the city to pay the expenses of having a bus prepared for RIDEO operation. CM EBERT MOVED TO ADOPT THE STAFF RECOMMENDATION TO AUTHORIZE THE EXPENDITURE OF UP TO $5,000 (GRANT REIMBURSABLE) TO PUT ONE ADDITIONAL TRANSIT VEHICLE IN BACK-UP FOR THE RIDEO SYSTEM, SECONDED BY CM STALEY. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. RE APPLICATION FOR SOLAR GRANT FOR ADMINISTRATION BUILDING Interactive Resources (solar consultant) and P.G. & E. have both expres- sed tentative interest in participating with the city in a Round 4 grant application for a solar energy system for the new Administration Build- ing. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY A VOTE OF 4-1, CM EBERT DISSENTING, THE COUNCIL AUTHORIZED THE STAFF TO FURTHER EXPLORE THIS GRANT APPLICATION INCLUDING THE PROPOSED LEVEL OF CITY PARTICIPATION AND SUGGESTED SOURCE OF THE NECESSARY FUNDS. UNDERGROUND UTILITY DISTRICT FORMATION Staff recommended formation of three districts as a continuation of the city's program of converting overhead electrical, telephone and tele- vision cables to an underground system. Money is supplied by P.G. & E. under Public Utility Commission regulations. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, A PUBLIC HEARING WAS SET FOR NOVEMBER 13, 1978 REGARDING UNDERGROUND UTILITY DISTRICT FORMATION. PUBLIC HEARING DATE - ZONING ORDINANCE AMENDMENT It was recommended by the staff that the City Council set a public hearing date of November 6, 1978 for the following: a. Zoning Ordinance amendment b. Expand permitted uses in CN District c. Rezoning and PUD for the Madis Property - Pentecostal Bible College d. Prezoning Anderson property - South of 1-580 and east of Portola ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE STAFF RECOMMENDATION WAS ADOPTED ON THE CONDITION THAT THERE BE NO OTHER NEW BUSINESS ON THE AGENDA THAT NIGHT. RE COMMUNICATION - AIRPORT LAND USE COMMISSION A letter was received from the Airport Land Use Commission of Alameda County requesting the name and qualifications of person(s) to be nom- inated. It was the consensus of the Council to check with Dr. DeBruin to see if he is interested, and, if he is not, to communicate with the Airport Advisory Committee for their recommendations. CM-35-398 October l6, 1978 CONSENT CALENDAR Reso. Re Overcrowding Council adopted a resolution declaring that overcrowding exists at the secondary school level. This resolution is in concurrence with the School District's findings as per public hearing on 10/2/78. RESOLUTION NO. 277-78 RESOLUTION CONCURRING WITH LIVERMORE UNIFIED SCHOOL DISTRICT DETERMINATION THAT CONDITIONS OF OVERCROWDING EXIST AT LIVERMORE HIGH SCHOOL Reso. Rejecting Claim A resolution was adopted rejecting the claim of Billie McDaniel. RESOLUTION NO. 278-78 A RESOLUTION REJECTING THE CLAIM OF BILLIE L. MCDANIEL Reso. Re Execution of Contract Amendment-Horizons Council authorized execution of contract amendment, County of Alameda, which extends the Horizons contract for the month of August 1978. RESOLUTION NO. 279-78 A RESOLUTION AUTHORIZING EXECUTION OF CONTRACT AMENDMENT (County of Alameda) Reso. Re RDP The Council adopted a resolution establishing a Residential Develop- ment pOlicy. RESOLUTION NO. 280-79 A RESOLUTION ESTABLISHING A RESIDENTIAL DEVELOPMENT POLICY Reso. Re General Plan Amendment-Housing Element The Housing Element of the General Plan was amended by Council resolution. RESOLUTION NO. 281-78 A RESOLUTION AMENDING HOUSING ELEMENT OF GENERAL PLAN Reso. Re Public Works Inspection fees The Council adopted a resolution establishing inspection fees for' Public Works Improvements. RESOLUTION NO. 282-78 A RESOLUTION ESTABLISHING INSPECTION FEES FOR PUBLIC WORKS IMPROVEMENTS CM-35-399 October 16, 1978 (Re Consent Calendar) Reso. Re CUP - Navlet's Garden Center The Council adopted a resolution granting a CUP (Navlet's Garden Center) RESOLUTION NO. 283-78 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT (Navlet's Garden Center) Reso. Re Western Contract The Council adopted a resolution authorizing the Mayor to execute a contract with Western Contract for Interior Design Services for the Administration Building. RESOLUTION NO. 284-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT P.C. Minutes - 10/3/78 A summary of the Planning Commission Minutes of 10/3/78 were submitted for informational purposes. Reports The following departmental reports were submitted for informational purposes. Emergency Services - July/September 1978 Library - July/September 1978 Building Inspection - September 1978 Project Status Report - July/September 1978 Payroll and Claims There were 68 claims in the amount of $130,510.87, and 305 payroll warrants in the amount of $115,841.77, for a total of $246,352.64, dated 10/10/78, and approved by the City Manager. CONSENT CALENDAR APPROVAL ON MOTION OF CM STALEY, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED WITH THE EXCEPTION OF ITEM 6.1 (Consultant agreement - Western Design) WHICH WAS REMOVED FOR A WORD CHANGE. CM STALEY MOVED TO ADOPT RESOLUTION 284-78 REGARDING CONSULTANT'S AGREEMENT (WESTERN CONTRACT) WITH A WORD CHANGE IN PARA. 1 (1), SUBSTITUTING "CRITIQUE" FOR "SUPERVISE," SECONDED BY CM DAHLBACKA. THE MOTION PASSED UNANIMOUSLY. MATTERS INITIATED BY STAFF/COUNCILMEMBERS Gary Reiners, City Attorney, commented that at Council's direction, he had inquired of LARPD regarding the status of the Ravenswood suit, and had received the reply that it is proceding although there is a problem with locating defendents since the financing arrangement was quite complex. He also requested an executive session tonight for discussion of litigation. CM-35-400 October 16, 1978 (Cultural Arts Council) It was the consensus of the Council to send a letter to the Cultural Arts Council welcoming the lOth annual Livermore Cultural Arts Fest- ival. (Japanese Sister City) Cm Staley noted that the City of Livermore possibly is in the position of having inadvertently slighted our Sister City in that they've made 2 official visits here without our reciprocating with an official visit to Japan. Cm Staley will make inquiries regarding the matter. (Jail System) Cm Turner commented that he would like the Police Chief's report to the Council on what impact there would be if the City's jail system was suspended and prisoners sent directly to Alameda County facil- ities. It was the consensus of Council to request a report from the City Manager. INTRO ORD. RE DRINKING ON PUBLIC STREETS ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, AN ORDINANCE RELATING TO MISCELLANEOUS OFFENSES (REPEALS SECTION RE- LATING TO DRINKING ON PUBLIC STREET) WAS INTRODUCED AND READ BY TITLE ONLY. INTRO. ORD. RE MUNICIPAL CODE AMENDMENT RE ANIMALS AND FOWL r1AYOR TURNER MOVED TO INTRODUCE THE MUNICIPAL CODE AMENDMENT RELATING TO ANIMALS AND FOWL, WITH AN AMENDMENT TO INCLUDE A BLANKET PERMIT WHICH COULD BE ISSUED TO AUTHORIZED 4-H OR FFA PROGRAM OR PROJECT SUPERVISORS: TO BE READ BY TITLE ONLY. MOTION SECONDED BYCM DAHLBACKA. eM STALEY MADE AN AMENDING MOTION TO REQUIRE THE LICENSING OF CATS, SECONDED BY CM DAHLBACKA. THE MOTION FAILED TO PASS BY A VOTE OF 1-4, CM STALEY VOTING AYE; CM DAHLBACKA, EBERT, KAMENA AND MAYOR TURNER VOTING NO. THE ~~IN MOTION WAS VOTED ON AND PASSED 4-0, CM STALEY ABSTAINING. INTRO. ORD. RE SEXUALLY EXPLICIT BUSINESSES CM STALEY MOVED FOR FIRST READING, INTRODUCE AND FILE, AN ORDINANCE WHICH ADDS A NEW SECTION ESTABLISHING PERMIT REQUIREMENTS FOR OPER- ATION OF SEXUALLY EXPLICIT BUSINESSES, SECONDED BY CM KAMENA. Gary Reiners, City Attorney, commented that one section had been added to the Ordinance which would be headed 2A.ll (p.10) and which would authorize the City to recover the cost of abatement from the operator. It was the consensus of the Council to incorporate Mr. Reiner's addition into the main motion. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY AND THE ORDINANCE WAS READ BY TITLE ONLY. CM-35-40l October l6, 1978 INTRO. ORD. AMENDING PERS CONTRACT ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE AN ORDINANCE AMENDING PERS CONTRACT TO PROVIDE FOR UNUSED SICK LEAVE CREDIT FOR RETIREES WAS INTRODUCED AND READ BY TITLE ONLY. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:10 p.m. to an executive session for discussion of possible litigation and personnel matters. APPROVE May r -d~ l.ty Clerk ivermore, California ATTEST CM-35-402 Regular Meeting of October 23, 1978 A regular meeting of the Livermore City Council was held on Monday, October 23, 1978, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Turner at 8:05 p.m. ROLL CALL Present: Absent: Cm Dahlbacka, Ebert, Staley and Mayor Turner. Cm Kamena (seated shortly after) PLEDGE OF ALLEGIANCE Mayor Turner led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. MINUTES - 9/11/78 ON MOTION OF CM STALEY, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER ll, 1978, WERE APPROVED AS SUBMITTED. OPEN FORUM Don Miller, 2862 Waverley, stated that park dedication fees should be adjusted upward, now before all the tracts that are presently before the Council are approved, since land prices have gone up to $20,000 an acre in Livermore. He also suggested proceding more slowly in approving the tracts now before the Council until school facilities are there to meet the increased demand, as required by the General Plan. em Staley commented that the Council set the school fee at the figure requested by the School District. Bonnie Howard, League of Women Voters, expressed the League's concern with the lack of nublic input on the proposed RS zoning ordinance changes, and said that the League plans to conduct a survey on the matter on November 4 & 5. PUBLIC HEARING - 1979-80 BLOCK GRANT PROJECTS, HCD This is Livermore's fifth year of participation in the Housing and Community Development Block Grant Program. This year for the first time Livermore's projects will have to compete for funding with the projects of the six other urban county participants. The Social Concerns Committee reviewed both staff and community group proposals and have submitted their recommendations along with the proposed staff amendments and information on Livermore community development needs and proposed strategies. (Cm Kamena seated at this time) Ed Schilling, Assistant to the City Manager, gave some background in- formation on the program and asked that the Council review the project proposals and amounts and approve them, make any additions or deletions, assign project priorities, and review and approve the needs and strat- egies which staff has developed. Barbara Hempill, Administrative Assistant, reviewed each project pro- posal with the Council. Cm Dahlbacka asked how priorities would be established if the grant exceeded the amounts recommended by the Social Concerns Committee. Mr. Schilling replied that the Council would be asked to assign the priorities and the dollar amounts. Cm Staley questioned the funding of the Neighborhood Strategy Area/ Housing Rehabilitation project. He felt the street improvements and the stop light program were justified but couldn't find justification for the other expense. CM-35-403 October 23, 1978 (Re Pub. Hear. - Block Grant Projects) Mr. Schilling explained that the Neighborhood Strategy program consisted of two proposals, the first for street improvements at East Ave. and Jensen, and the second, shared with the City of Pleasanton, involving working in three areas where the staff has identified the need for housing rehabilitation. He added that HUD is encouraging rehabilitation programs because they have been the most successful of the HCD Block Grant programs. In addition, it's important to maintain good housing, particularly in relatively low-income areas and the way to do that is to encourage rehabilitation which this program does. Cm Ebert said he could not support the program because it and similar programs tend to be inflationary in today's general economic situation. em Dahlbacka felt that the maintenance of housing is an important issue and that it would be a good use of the money. In reply to an inquiry about the Pacific Courts Redevelopment Program, Mr. Schilling stated that the recommended $lO,OOO would be used for an appraisal and for a survey of the tenants to develop a relocation plan and to determine the feasibility of a relocation program for that area. Mayor Turner opened the hearing to the public. Kay Parra, 819 Brennan Way, suggested that the proposed traffic light, at East Avenue and Jensen, be placed at Dolores so the children would not have to walk all the way up to Jensen and then back to Dolores in order to cross at the traffic signal. Mayor Turner commented that the Jensen location is the one that's being considered but that additional research would go into it before a final decision is made. ON MOTION OF CM EBERT, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. CM DAHLBACKA MOVED TO ACCEPT THE SOCIAL CONCERNS COMMITTEE RECOMMEN- DATIONS FOR THE ALLOCATION OF THE FUNDS AND IF ADDITIONAL FUNDS ARE OBTAINED THAT THE FUNDS FIRST GO TO EXISTING LOW-INCOME PROJECTS LIKE LEAHY SQUARE, THAT SECONDLY THE FUNDS GO UP TO STAFF RECOMMENDATIONS IN REHABILITATION IN ORDER TO SEE IF THESE PROGRAMS WILL WORK IN THE COMMUNITY AND THIRDLY ANY EXCESS FUNDS GO TO LANDBANKING TO PROVIDE FUTURE HOUSING. MOTION FAILED FOR LACK OF SECOND. A discussion followed on the priority listing and on the project's submittal to the County and it's assessment there against established criteria. CM STALEY MOVED TO APPROVE THE FOLLOWING PRIORITY LIST WITH FUNDING AS RECOMMENDED EXCEPT FOR THE CHANGES AS NOTED, SECONDED BY CM KAMENA. 1. HCD ADMINISTRATION/PLANNING - $29,000 2. HOUSING COORDINATION & PROGRAM DEVELOPMENT - $32,948 3. ECONOMIC DEVELOPMENT ELEMENT - $15,000 4. LANDBANKING & NEW HOUSING DEVELOPMENT - $115,000 5. ECHO HOUSING COUNSELING SERVICES - $15,000 6. MULTI-SERVICE CENTER - $26,000 7. NEIGHBORHOOD STRATEGY AREA - for traffic lights and median strip, $80,000 8. TWIN VALLEY ENTERPRISES - $28,300 9. TRI VALLEY HAVEN SECOND MORTGAGE - $6,750 10. PUBLIC HOUSING RENOVATION (LEAHY SQUARE) - $23,200 ll. INTERFAITH HOUSING - Street resurface, $3,000 12. BUENAS VIDAS REHABILITATION - $25,000 13. ANOTHER $100,000 FOR LANDBANKING, if available CM-35-404 October 23, 1978 (Re P. H. - Block Grant Projects) In reply to Cm Kamena, Cm Staley said that the total dollar figure for the projects listed in the motion was $474,000. CM DAHLBACKA MADE A MOTION TO INCLUDE THE REHABILITATION PROJECT IN THE PRIORITY LISTING. MOTION DIED FOR LACK OF A SECOND. Cm Ebert commented that though he liked the direction of Cm Staley's motion, he would vote against it since he felt it should be drastically cut in dollar amount. MAYOR TURNER MADE AN AMENDING MOTION TO DELETE THE ECHO HOUSING GRANT. MOTION DIED FOR A LACK OF A SECOND. THE MAIN MOTION WAS VOTED ON AND PASSED 4-1, CM EBERT DISSENTING. PUBLIC HEARING - MASTER E.I.R. FOR RESIDENTIAL DEVELOPMENT The purpose of this Environmental Impact Report, which was prepared for residential development until the year 2000, is to eliminate re- dundant E.I.R's and thus make it easier to process residential devel- opment requests. ern Staley pointed out that the Franciscan Line Commuter Service had not been listed under Public Transit, page V-26. It was the consensus of Council to add it to the report. Mayor Turner opened the Public Hearing. John Shotts, 2275 Chateau Way, stated that he did not feel that school overcrowding was a mitigable impact in the Valley. Leo Croce, Superintendent of Schools, said that the School District would in the future be working with the Council to find a way to fund the building of the necessary schools. Cm Dahlbacka pointed out that the existing capacity for the pipeline could only service a 2% growth rate for 8 years which might affect the School District's needs and projections. Cm Staley asked how many of the projected students will be coming from outside the City limits. Mr. Croce replied that the only proiection that he indicated would be within the City's General Plan although the School District en- compasses a greater geographical area than the City limits. He added that at the present time only a small percentage of students come from outside the City limits. In reply to an inquire by Cm Staley, Mr. Croce said that the School District is currently working with a state- wide committee that is trying to develop some legislation which will get the schools out of the bind which they were placed in by Proposi- tion 13. He pointed out that the school fee ($570) can only be used for interim facilities according to SB20l, and that the District's need is to work together with the Council to improve the financial ability of the community to build needed schools since the District, by itself, does not have the legislation to mitigate the problem. Gail Sidhu, representing the School Board, asked the Council not to approve any new growth in the community until a financing mechanism is found that will provide schools to the year 2000. Gary Reiners, City Attorney, explained that an E.I.R. considers the possibilities of the future, the potential environmental impact of the project, it doesn't control the future. This is an E.I.R. for the RDP, which has its o,~ mitigation measures built right in that are reflected in the E.I.R. CH-35-405 October 23, 1978 (Re P. H. - Master E.I.R. for Residential Development) Don Miller, 2862 Waverley Way, stated that the Council creates growth problems and bankrupts the schools. He supported the other speakers who had suggested holding up approval of the E.I.R. and of the tracts until solutions to the school problem could be found. He commented also, that air pollution can be improved at a local level with a lower growth rate. He felt that residential growth is basically due to commuters and com- muting is the major energy waste. The recommended action on the E.I.R, he thought, was a cop-out. ON MOTION OF CM KAMENA, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. Cm Dahlbacka expressed his concern that the City does not give up the long-term ability to fund the schools by asking for a letter from the School District. Gary Reiners stated that the City actually didn't impose the require- ment of the letter. The School District suggests to the developer that a certain amount of money might provide the School District the in- centive to produce a letter to the City. In response to an inquiry by Cm Dahlbacka, Mr. Reiners said that the E.I.R. presents information on all of the significant environmental impacts that are possible under anything from 2% down. The setting of the growth rate between 0% and 2% would be an action by the Council based on the information that's contained in this document. If at a future date the information in this document was no longer current or didn't accurately reflect the impact of the Council action, then they would be required to update or add to the E.I.R. He added that the E.I.R. is designed to be a background document that generally con- siders the indirect secondary impact of growth. CM EBERT MOVED TO ADOPT THE STAFF'S RECOMMENDATION NO.1, TO APPROVE AS THE FINAL E.I.R. THE DRAFT E.I.R. DATED 8/4/78 AND RESPONSE TO COMMENTS DATED 10/16/78, SECONDED BY CM KAMENA. CM STALEY MADE AN AMENDING MOTION TO DELETE THE LANGUAGE IN THE E.I.R. WHICH RELATES TO A SPECIFIC RATIO BETWEEN POLICE AND FIRE PROTECTION AND POPULATION AND SUBSTITUTE "AN APPROPRIATE RATIO THAT'S CONSIS- TENT WITH PUBLIC SAFETY," SECONDED BY CM DAHLBACKA. CM STALEY MADE AN AMENDING MOTION WITH REGARDS TO THE SCHOOL MITI- GATION MEASURES, TO AMEND THE TEXT ON P. V-33 TO BE AS FOLLOWS: ADOPT SUCH WORDING AS IS RECOMMENDED BY THE STAFF THAT SUCH CHANGES OR ALTERATIONS ARE WITHIN THE RESPONSIBILITY AND JURISDICTION OF A- NOTHER PUBLIC AGENCY AND SUCH CHANGES HAVE BEEN ADOPTED BY SUCH OTHER AGENCY, OR CAN AND SHOULD BE ADOPTED BY SUCH OTHER AGENCY. AND THE CITY OF LIVERMORE AGREES TO COOPERATE WITH SUCH OTHER AGEN- CIES IN EFFECTING SUCH MITIGATION MEASURES AS CAN REASONABLY BE ACHIEVED WITHIN THE CONFINES OF STATE LAW. SECONDED BY CM KAMENA. Cm Dahlbacka noted that the concerns that have been brought up about the School District are valid concerns that will require the cooper- ation of the Council and the School District and that he was com- mitted to making sure that the long-term needs are met. Gary Reiners, City Attorney, pointed out that the fees under SB20l must be related to the actual cost of construction of interim facil- ities, temporary facilities. He commented that the Legislature must have felt that the entire cost of providing new schools should not be placed on new development. CM-35-406 October 23, 1978 (Re P.H. - Master E.I.R. for Residential Devel.) It was the consensus of Council to incorporate the two amending motions into the main motion and include the addition of the Franciscan Line Commuter Service in the report. THE MAIN MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. PUBLIC HEARING - PUD/CUP TINNEY AND VANE A public hearing was held regarding a Planned Unit Development/Condi- tional Use Permit for a townhouse development on a site located approx- imately 206 feet south of East Avenue and 450 feet east of Dolores St.; and the Environmental Impact Report prepared for this proposal. The public hearing was opened and there was no public testimony. ON MOTION OF CM EBERT, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. Cm Dahlbacka expressed his concern with the possibility of a street exit from the development onto East Avenue at Jensen St. Dan Lee, Director of Public Works, stated that it was the staff rec- ommendation that the exit be closed off and all traffic generated by the development use the Dolores exit. CM KAMENA MOVED TO ADOPT A RESOLUTION CERTIFYING THE DRAFT E.I.R. AND ALSO APPROVING THE CUP/PUD PERMIT BASED ON THE FINDING AND SUBJECT TO THE CONDITIONS INDICATED IN PLANNING COMMISSION RESO. NO. 76-78. MOTION WAS SECONDED BY CM STALEY. Cm Kamena asked why only 50 units had been approved when 64 had been applied for. Howard Nies, Planning Director, said that he understood that 50 was the maximum that could be approved for anyone applicant. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. PUBLIC HEARING - PUD/CUP TRACT 4101 - LOUNSBURY AND APPLETON A public hearing was held regarding a Conditional Use Permit/Planned Unit Development Permit for a single family development on a site lo- cated east of Broadmoor St., north and south of Scenic Avenue; and the Environmental Impact Report prepared for this proposed development. Howard Nies, Planning Director, stated that the applicant had asked that RL standards be applied to the tract but that the Planning Com- mission had recommended RS. He added that the applicant wanted to locate the duplexes for the moderate income provision on three lots at the side but that the Planning Commission wanted them scattered. Cm Dahlbacka asked what alternate circulation pattern staff had in mind for servicing the properties. Mr. Nies answered that a collector street or a through street was not needed to serve this area. Dan Lee noted that a correction should be made in the Engineering Consideration-Exhibit "C", p. 4 under Water Supply. The first sen- tence in the second paragraph beginning "Water storage facilites..." should be deleted. Mayor Turner opened the hearing to the public for testimony. CH-35-407 October 23, 1978 (Re P. H. - Tract 4101) Earl Mason, representing the applicant, stated that he was agreeable to scattering the duplexes on the corner lots but he asked to go back to the RL standards to be more compatible with the other lots and the neighborhood. ON MOTION OF CM STALEY, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. CM EBERT MOVED TO ADOPT A RESOLUTION CERTIFYING THE DRAFT E.I.R. AND APPROVING THE CUP/PUD PERMIT AND TENTATIVE TRACT MAP NO. 4101 AS PER THE ORIGINAL STAFF RECOMMENDATION OF RL-6 STANDARDS, SECONDED BY CM KAMENA. Cm Dahlbacka said he did not think he could support the motion because he would rather see the RS-5 standards applied with slight modification applied to the length ratio of the lot. THE MOTION WAS VOTED ON AND PASSED 4-1, CM DAHLBACKA DISSENTING. PUBLIC HEARING - CUP/PUD TRACT 4108 - LAS POSITAS AND HAGEMANN DRIVE A public hearing was held in regard to a Conditional Use Permit/ Planned Unit Development Permit for single family residential devel- opment site located south of Las Positas, west of Hagemann Drive; and the Environmental Impact Report prepared for this proposed de- velopment. Bedford Plaza is the applicant. Howard Nies noted that this is at the end of the line on the number of units for the year so the recommendation is to limit the number of units to 23 and the number of lots to 22, with the balance of 30 units to come from next year's allocations. Mayor Turner opened the public hearing. Milton Murray, representing the applicant, stated that they were aware of the limit of 23 units and were agreeable to that number. ON MOTION OF CM KAMENA, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. Cm Dahlbacka was concerned about developments near airports because of the high level of noise. He suggested making some recognition on the deed that in fact, this development is in the vicinity of an airport and that there will be air traffic noise generated in the vicinity. The suggestion was made to protect the City by recording a noise easement and height limit that would run with the land. CM DAHLBACKA MOVED TO ACCEPT THE PLANNING COMMISSION'S RECOMMENDA- TION AND ADOPT A RESOLUTION CERTIFYING THE DRAFT E.I.R. AND APPROV- ING THE CUP/PUD PERMIT AND TENTATIVE TRACT MAP NO. 4108, CONDITIONED ON 23 UNITS PENDING RESOLUTION OF NEXT YEAR'S ALLOCATIONS, AND CON- DITIONED ON A HEIGHT EASEMENT BEING ESTABLISHED AND RECORDED ON THE DEED, SECONDED BY CM STALEY. CM STALEY MADE AN AMENDING MOTION TO INCLUDE IN THE TRACT'S DECLAR- ATION OF CC & R'S A RESTRICTION ACCEPTABLE TO THE CITY ATTORNEY THAT PLACED THE BUYERS ON NOTICE OF THE PROXIMITY OF THE AIRPORT AND THE PROBLEM WITH THE NOISE, SECONDED BY CM DAHLBACKA. Dan Lee, Director of Public Works, noted that the CC & R's are the covenants in the tract and that they have to be enforced by the people in the tract; it can't be enforced by the City. If it's a recorded easement, then it runs with the land and it can be en- forced by the City and it gives the City protection on both noise and height. CM-35-408 October 23, 1978 (Re P.H. - Tract 4108) THE M1ENDING MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. THE MAIN MOTION APPROVING TRACT 4108 WAS VOTED ON PASSED UNANIMOUSLY. PUBLIC HEARING - PROPOSED REZONING - COLLEGE AVE. A public hearing was held on the proposed rezoning from RL-7 to RG-16 District of property located south of College Avenue, westerly of 2691 College Ave., and the Environmental Impact Report prepared for this proposed rezoning. Applicants are Rickenback and Dahlbacka. Cm Dahlbacka stated that though his name is listed on the application he has since sold this property and all associated development rights to Louis Trotter. He still does retain ownership of the adjacent par- cel where he is building a single-family residence and because of that he will abstain from all discussion and voting on this item. It was noted that the Planning Commission Resolution regarding this item should be listed as No. 88-78 instead of 87-78 as it is listed in the summary report. Mayor Turner opened the hearing for public testimony. No one wished to speak. ON MOTION OF CM STALEY, SECONDED BY MAYOR TURNER AND BY A VOTE OF 4-0, CM DAHLBACKA ABSTAINING, THE PUBLIC HEARING WAS CLOSED. CM STALEY MOVED TO APPROVE THE APPLICATION AND CERTIFY THE E.I.R., SECONDED BY MAYOR TURNER. THE MOTION PASSED 4-0, CM DAHLBACKA ABSTAINING. PUBLIC HEARING RE PROPOSED ZONING ORDINANCE N~ENDMENT ON MOTION OF CM KAMENA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE THE PUBLIC HEARING ON THE PROPOSED ZONING ORDINANCE TEXT AMENDMENT AS IT RELATES TO THE RS DISTRICT WAS OPENED AND CONTINUED TO NOV. 13, 1978. COMMUNICATION - DEPT. OF ENERGY RE LLL & SANDIA A notification of filing of Environmental Impact Statement prepared by the Department of Energy to assess the environmental impact of continued operation of the Lawrence Livermore and Sandia Laboratories was received by Council. It was noted for filing. COMMUNICATION RE EPA FUNDS A communication was received from ABAG notifying the City of approval of the application for EPA funds to construct the City's Water Recla- mation Plant Phase IV Project. It was noted for filing. NOTIFICATION RE AWARD RE RAVENSWOOD PARTY HOUSE The Beautification Committee has notified the City of an award in regard to Ravenswood Party House which will be presented at the Ribbon Cutting Ceremony on October 28, 1978. REQUEST RE CONTINUATION OF WEATHERIZATION PRO- JECT - ECHO A request was received from ECHO to allow weatherization of homes certified for the insulation program prior to the City's withdrawal from the project. The consensus was to grant the request. CM-35-409 October 23, 1978 REQUEST RE DEFENSE OF FORMER POLICE CHIEF A request was received from John W. Noonan regarding the defense of former Police Chief Lindgren in a suit filed in Superior Court. MAYOR TURNER MOVED TO DIRECT THE CITY ATTORNEY TO RESPOND TO MR. NOONAN IN THE NEGATIVE, SECONDED BY CM STALEY, AND UNANIMOUSLY PASSED. RE FRANCISCAN LINES FARE INCREASE REQUEST Notification was received of a fare increase request submitted to the PUC by Franciscan Lines, Inc. It was noted for filing. CONTINUED DISCUSSION RE KEISER, RUTH PROPERTIES A request has been received from Zone 7 regarding a request to the Zone 7 District Board to provide water and sewerage services to properties located generally north of 1-580, west of Collier Canyon Rd., submitted by Keiser, Ruth, and Livermore Investment Associates Properties. The Planning Commission recommended that the Council send a letter to Zone 7 opposing the proposal . CM STALEY MOVED TO ADOPT THE PLANNING COMMISSION'S RECOMMENDATION, SECONDED BY CM DAHLBACKA. THE MOTION WAS VOTED ON AND PASSED 4-1, CM EBERT DISSENTING. REPORT - P.W. DIRECTOR RE INTERFAITH HOUSING COMPLAINT The Manager of the Interfaith Housing Development on Hillcrest Ave. has referred complaints from his elderly tenants about the absence of sidewalks at two residences along Hillcrest Ave. The two houses existed prior to annexation to the City when Hillcrest Ave. was a 40 ft. County road. It will cost the City $2,500! for the sidewalk and other related improvements, assuming that the property owners will dedicate the necessary right-of-way. CM KAMENA MOVED TO APPROVE THE EXPENDITURE OF $2,500! FOR THE PUBLIC WORKS IMPROVEMENTS SUBJECT TO THE PROPERTY OWNERS DEDICATING THE NECESSARY RIGHT-OF-WAY, SECONDED BY CM STALEY. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. CUP APPLICATION - PAUL WELLS A CUP application was submitted by Paul D. Wells for Century 21- Amador Valley Realtors to permit a real estate office at 1519 Por- tola Avenue. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE THE APPLICATION WAS APPROVED WITH A RESOLUTION TO BE BROUGHT BACK TO COUNCIL ON THE CONSENT CALENDAR OF THE NEXT REGULAR MEETING. TENT. TRACT MAP 4099 SPAETH AND MERCURIO Council was asked to approve Tentative Tract Map 4099, applicants Fred Spaeth and Dave Mercurio. The project is located east of Sherry Way and north of Burgundy Way. The Planning Commission recommended certification of the Draft E.I.R. and approval of the Tentative Map. CM-35-4l0 October 23, 1978 (Re Tent. Tract Map 4099) CM KAMENA MOVED TO CERTIFY THE E.I.R. AND TO APPROVE THE TENTATIVE MAP 4099 SUBJECT TO CONDITIONS WITH A RESOLUTION TO BE BROUGHT BACK TO COUNCIL ON THE CONSENT CALENDAR OF THE NEXT REGULAR MEETING. MOTION WAS SECONDED BY CM STALEY AND PASSED UNANIMOUSLY. TENTATIVE TRACT MAP 2663 THOMAS AND ADM1S0N Applicants Alphonse Thomas and Jack Adamson requested approval of Tentative Tract Map 2663, project located at the northeast corner of Park and North "K" Streets. The Planning Commission recommended conditional approval of the map. ON MOTION OF CM KN~ENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE PLANNING COMMISSION'S RECOMMENDATION WAS ADOPTED. PLANNING COMMISSION MEETING - ZONING ADMINISTRATOR A summary of action was received from the Planning Commission meeting of October 17, and from the Zoning Administrator, October 16, 1978, both noted for filing. APPOINTMENTS TO BOARDS, COMMISSIONS, COMMITTEES Cm Ebert suggested dispensing with interviews since there were two or three applicants who were very satisfactory to him. Cm Staley said he was not really prepared to vote tonight since he had not talked to all the applicants that he wanted to talk to. Cm Dahlbacka felt it would be a good idea to interview the applicants and didn't mind spending the time that it would take. He added that he would be absent for the November 6th meeting. The consensus of the Council was to set up a schedule of interviews for October 30th, each Councilmember to select two applicants, each interview to last 10 minutes and the meeting to begin at 7 P.M. CONSENT CALENDAR Departmental Reports The following reports were submitted for informational purposes: Finance Department - summary of revenues and expend- itures for the period ended June 30, 1978 Livermore Municipal Airport - year ended June 30, 1978 Las positas and Springtown Golf Courses for the year ended June 30, 1978 Municipal Court - September, 1978 Police and Pound Departments - September, 1978 Reso. - Street Light Conversion The Council adopted a resolution approving a systemwide conversion of the PG&E street lights from Mercury Vapor to High Pressure Sodium which is much more energy efficient. The conversion will follow the normal Street Department maintenance schedule which follows a 4-year cycle. The conversion will be complete in four years and possibly sooner. CM-35-4ll October 23, 1978 (Re Reso - Street Light Conversion) RESOLUTION NO. 285-78 A RESOLUTION FOR CONVERSION OF EXISTING MERCURY VAPOR STREET LIGHTING SYSTEM TO A HIGH PRESSURE SODIUM VAPOR STREET LIGHTING SYSTEM. Report re Consultant Services - Police Dept. The City staff had PG&E perform an energy audit at the Police Dept. The results of that audit indicates that there is a potential to save $9,200 annually in heating and lighting use. To save the bulk of these dollars, it will be necessary to retrofit existing equipment. Staff is recommending that a consultant be retained to perform a feasibility study. The consensus of the Council was to retain the consultant, the cost of $750 to be taken out of the Police Depart- mentis existing budget. Reso. Re Remcon Program The Council adopted a resolution approving participation by the City in the Remcon Program, an Oakland based CETA training program for developing entry level workers for water treatment plants with on- the-job training in addition to classroom training. RESOLUTION NO. 286-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Remcon, Inc.) Reso. - So. J Street Sanitary Sewer Reconstruction The Council adopted a resolution accepting Project 77-40, the So. J Street Sanitary Sewer Reconstruction project and authorizing filing of Notice of Completion. RESOLUTION NO. 287-78 A RESOLUTION AUTHORIZING ACCEPTANCE OF WORK AND AUTHORIZING AND DIRECTING THE RECORDING OF NOTICE OF COMPLETION RE (South J STreet Sanitary Sewer Reconstruction) Reso. Re First st. Relocation A resolution authorizing execution of agreement, Norris D. Dutcher III, moving and relocation was adopted by the Council. RESOLUTION NO. 288-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Norris D. Dutcher III - ~1oving and Relocation) Reso. Re ABAG Environmental Management Plan Implementation The Council adopted a resolution declaring the City's intent to imple- ment the ABAG Environmental Management Plan - Water Quality portion. RESOLUTION NO. 289-78 A RESOLUTION OF INTENT TO IMPLEMENT THE ABAG ENVIRONMENTAL MANAGEMENT PLAN. CM-35-4l2 October 23, 1978 Warrants and Claims There were 95 claims in the amount of $188,456.45, dated 10/13/78 and approved by the City Manager. P.C. Minutes 9/6/78 The minutes of the Planning Commission meeting of September 6, 1978 were submitted for informational purposes. Reso. Rejecting Claim The Council adopted a resolution rejecting the claim of patricia L. Maker. RESOLUTION NO. 290-78 A RESOLUTION REJECTING THE CLAIM OF PATRICIA L. MAKER CONSENT CALENDAR APPROVAL ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE THE CONSENT CALENDAR WAS APPROVED. AGENDA REORDER It was the consensus of the Council to discuss Item 8, Ordinances, before going on to Item 7, Matters Initiated by Staff and Council- members. ORDINANCE RE DRINKING ON PUBLIC STREETS ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA AND BY UNfu~IMOUS VOTE THE ORDINANCE REGARDING A MUNICIPAL CODE AMENDMENT RELATING TO MISCEL- LANEOUS OFFENSES, REPEAL OF SECTION RELATING TO DRINKING ON PUBLIC STREETS WAS ADOPTED. ORDINANCE NO. 967 AN ORDINANCE AMENDING CHAPTER 14.00, RELATING TO MISCELLANEOUS OFFENSES, BY THE REPEAL OF Sec.14.2.5, RELATING TO DRINKING ON PUBLIC STREETS, OF THE LIVERMORE CITY CODE, 1959. ORDINANCE RE ANIMALS AND FOWLS ON MOTION OF MAYOR TURNER, SECONDED BY CM KAMENA, AND BY A VOTE OF 4-1, CM STALEY DISSENTING, AN ORDINANCE REGARDING A MUNICIPAL CODE AMEND~mNT RELATING TO ANIMALS AND FOWLS WAS ADOPTED. ORDINANCE NO. 968 AN ORDINANCE ~1ENDING SECTIONS 4.1, 4.8, 4.9, 4.12, 4.13, 4.14, 4.15, 4.25, 4.26, 4.28, 4.31, 4.32, 4.40, 4.41, 4.43, 4.44, 4.49, 4.50, 4.51, and 4.62 ALL OF CHAPTER 4, RELATING TO ANIMALS AND FOWL OF THE LIVERMORE CITY CODE, 1959. ORDINANCE RE SEXUALLY EXPLICIT BUSINESSES ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE THE COUNCIL ADOPTED THE ORDINACE RELATING TO A SECTION ESTAB- LISHING PERMIT REQUIREMENTS FOR OPERATION OF SEXUALLY EXPLICIT BUSINESSES. CM-35-4l3 October 23, 1978 (Ord. re Sexually Explicit Businesses) ORDINANCE NO. 969 AN ORDINANCE AMENDING THE LIVEID10RE CITY CODE, 1959, BY ADDING A NEW CHAPTER, CHAPTER 2A, RELATING TO ADULT BOOKSTORES AND ADULT MOTION PICTURE THEATERS: AND RELATING TO THE DISPLAY OF SEXUALLY EXPLICIT READING MATERIAL IN COMMERCIAL ESTABLISHMENTS. ORDINANCE RE UNUSED SICK LEAVE ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE THE ORDINANCE AMENDING THE PERS CONTRACT RELATIVE TO UNUSED SICK LEAVE WAS ADOPTED BY COUNCIL. ORDINANCE NO. 970 AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES I RETIREMENT SYSTEM CITY MANAGER'S REPORT LAFCO will review and reconsider Livermore's sphere of influence sometime in April of 1979. The name of Harry Pearl, chosen by the Airport Committee, has been submitted to the Alameda County Planning Department for a possible nomination to the Alameda County Airport and Land Use Commission. CETA CONTRACTS ON MOTION OF CM KAMENA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, THE STAFF'S RECOMMENDATION TO APPROVE THE MAYOR'S EXECUTION OF CETA CONTRACTS (SUSTAINMENT AND CONTRACT AMENDMENT) WAS ADOPTED. MATTERS INITIATED BY COUNCILMEMBERS Cm Ebert reported that he and Cm Kamena had met with the School Board at which it was resolved that the School District is not going to pay for any of the cost of the Crossing Guard Program. The consensus of the Council was to put the item back on the agenda sometime before January of next year. em Kamena pointed out that on page 35-359 of the Council Minutes, it states that "Howard Nies, planning Director, stated that the garage area was not included in the calculation of the floor area coverage." It was Cm Kamena's belief that the City Ordinance does include the garage area. It was the consensus of Council that, though the statement was made and it was the understanding of Mr. Nies at the time, the statement was incorrect. Cm Dahlbacka commented that he hoped that the people who are making the survey on the RL issue would get some input from City staff as to what might be target areas. Cm Dahlbacka noted that he would like to see the Council subcommittee that meets with the School District establish a schedule for meetings to get right on the problem of the overcrowding in the schools. The Airport Advisory Committee, Cm Dahlbacka felt, should be commended for their enthusiasm which directly contributed to the airport's profit this year. It was the consensus of Council to send a letter to the management of the Bay Bridge and the Golden Gate Bridge asking that the free car- pooling be extended to 24 hours a day. CM-35-4l4 October 23, 1978 (Re Matters Initiated by Councilmembers) Cm Dahlbacka felt it would be more efficient to utilize quarterly billings in the City's Water Department. Cm Staley asked if there was a way that the agenda could be made up earlier and if it was possible for the City Council meeting to be held another night than Monday. The matter was referred to staff. Mayor Turner noted that this meeting would be adjourned to an execu- tive meeting which would be adjounred to a meeting at 7 P.M., Oct. 30 for Planning Commission interviews and appointments to be made. ADJOURNMENT There being no further business before the Council, the meeting was adjourned to an executive session for discussion of litigation. APPROVE ATTEST cL[$~~ vermore, California Adjourned Regular Meeting of October 30, 1978 An adjourned regular meeting of the Livermore City Council was held on October 30, 1978, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Turner at 7:15 p.m. ROLL CALL Present: Cm Dahlbacka, Ebert, Kamena, Staley and Mayor Turner Absent: None INTERVIm-iS FOR PLANNING CO~~ISSIONER The Council proceeded to interview the following persons who had applied for the position of Planning Commissioner to fill the un- expired term left vacant by the resignation of Commissioner Riley: Karen S. Nattrass Paul W. Kasameyer Phillip L. Corzine Stephen A. Massey Hugh W. Ellsaesser CM-35-4l5 October 30, 1978 APPOINTMENTS - PLANNING COMMISSION At the close of interviews the Council proceeded to decide upon appointments to the Planning Commission. The term of present Com- missioner Mel Luna has expired and consideration was given to his reappointment, WITH A MOTION BY CM DAHLBACKA, SECONDED BY CM STALEY TO ADOPT THE RESOLUTION OF REAPPOINTMENT. Concern was expressed by Cm Ebert regarding this issue, AND ON MOTION OF MAYOR TURNER, SECONDED BY eM KAMENA, AND BY UNANIMOUS VOTE THE MATTER WAS TABLED. The Council then proceeded to discuss an apointment from among the interviewees~ a vote was taken as to two applicants selected by each Councilmember as follows: Ebert - Corzine and Ellsaesser; Dahlbacka - Nattrass and Massey; Staley - Nattrass and Massey; Kamena - said his two were present; Mayor Turner - Ellsaesser and Corzine. A selection of one candidate resulted in the following selection: Ebert - Ellsaesser~ Dahlbacka - Massey~ Staley - Nattrass; Kamena - Massey; Turner - Ellsaesser. A third vote resulted in three votes for Massey, from Dahlbacka, Staley, and Kamena, and a declara- tion by Mayor Turner that the appointment be unanimous. The resolution was introduced by Cm Dahlbacka, seconded by Cm Kamena and by unanimous vote was passed: RESOLUTION NO. 291-78 A RESOLUTION FOR APPOINTMENT TO THE PLANNING COMMISSION (Stephen A. Massey) The Mayor and Councilmembers expressed their appreciation to all candidates and indicated the high degree of quality overall. APPOINTMENTS (Various) Beautification Committee Paula Glauber Christine Schnitzer Greens Committee Norman Schieb Glen Giddings Housing Coordination Committee Charles DePaoli Lynne Thomson Warren Thompson Jack Tinney Jason Traxler Karen Nattrass The Housing Authority will also be asked to send a liaison, non- voting member to the Committee if they so wish. The Beautification Committee also needs to appoint a liaison member to the Heritage Preservation Committee and will be so informed. Other appointments will be made at a later time. ern Ebert was excused at this time from the meeting. CM-35-4l6 October 30, 1978 MATTERS INITIATED BY STAFF AND COUNCILMEMBERS (Proposed East Ave. Signal) Cm Kamena requested that the Public Works Department proceed with the necessary traffic surveys regarding installation of a traffic light on East Avenue (Jensen/Dolores Sts. area). ADJOURNMENT There being no further business to come before the meeting, it was adjourned to an executive session at 9:15 p.m. and finally adjourned at 10:15 p.m.Z APPROVE ATTEST okw~~ Li r re, California Regular Meeting of November 6, 1978 A regular meeting of the Livermore City Council was held on Nov. 16, 1978, 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 Dahlbacka, Ebert, Kamena and Mayor Turner Absent: Cm Staley (excused, ill) PLEDGE OF ALLEGIANCE Mayor Turner led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. MINUTES APPROVAL 9/18/78, 10/2/78 AND 10/16/78 ON MOTION OF CM DAHLBACKA, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE MINUTES OF SEPTEMBER 18, OCTOBER 2 AND OCTOBER 16, 1978 WERE APPROVED AS SUBMITTED. OPEN FORUM Loretta Terry, 945 Sunset Drive, stated she was getting discouraged with the Recycling Program because of the erratic pick-ups. em Ebert stated that he lived in the same area and there has been a problem with scheduled pick-ups not being made. He volunteered to stop in at their office tomorrow to see if the problem can be corrected. CM-35-4l7 November 6, 1978 PUBLIC HEARING - PREZONING, E.I.R. CHESTER ANDERSON PROPERTY Chester Anderson has requested prezoning and E.I.R. approval for property located on the north side of portola Avenue, south of I-580. The Planning Commission is recommending that the E.I.R. be certified and that the Council adopt a resolution prezoning the property "PDtI and tIOS-FII and establishing Section 19.16 - Anderson Planned Unit Development District. Howard Nies, Planning Director, noted that the recommendations of the staff are conditional upon annexation. David Madis, 1011 Geneva, representing Mr. Anderson, stated that the property does conform to the General Plan design and added that no units will be built on the portion of the property between the creek (Arroyo Las Positas) and the freeway, that portion of land to remain permanent open space. ON MOTION OF CM EBERT, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. ON MOTION OF CM DAHLBACKA, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, THE E.I.R. WAS CERTIFIED AND PERMIT GRANTED SUBJECT TO PLANNING COMMISSION RESO. *91-78 RECOMMENDATIONS. PUBLIC HEARING - TRACT MAP 4138 DAVID S. MADIS A public hearing was held regarding a request by David S. Madis for a PUD to allow development of 22 residential acres and request to rezone from OS-F, RL-lO and RL-7 Districts to PD District, the property being located at 1885 College Avenue. Mayor Turner opened the public hearing. Dave Madis, the applicant, stated that all the Heritage trees will be preserved. The street pattern has been designed with this in mind, and in addition only 7 non-heritage trees will be removed. He said the Fire and Police Departments have approved the street pattern, parking to be one side only and it will be posted as a fire lane. (Cm Kamena seated at this time) Mr. Madis commented that he felt the low-cost housing requirement could be met by the"use of duplexes on the lots adjacent to College Ave., and asked that Council approve the plan with the duplex lots. He added that he agreed with the recommendations of the Planning Commission. Mr. Madis did point out that the Planning Commission has imposed the condition that all public improvements be put in at the same time throughout the entire tract even though only 52 of the 68 lots will be developed in 1978. He requested that he be allowed to develop the remaining 16 lots in 1979. (Comments following are inaudible on tape.) Mr. Madis pointed out that the City will receive, under the recom- mendation of the Planning Commission, the two triangular portions of land marked Alternate B and, because that would be part of the parkway dedication, there would be no credit toward the park dedi- cation fees of $446 per lot. The City would receive the property necessary to complete the trail and in addition would receive the full park dedication fee. Cm Ebert expressed his concern with the preservation of the trees in the area and asked that competent people be used to carry out the Planning Commission's recommendations regarding the trees. CM-35-4l8 November 6, 1978 (Re P.H. - Tract 4138) Mr. Madis noted that he was asking for a non-standard grading plan so the natural land contours are preserved which will help preserve the trees. em Kamena questioned the necessity of the low/moderate cost housing requirement since this is replacement housing and is exempt from the 2% growth rate. Gary Reiners, City Attorney, commented that the low/moderate housing requirement stems from a different section of the General Plan which deals with development. It doesn't mention the issue of replacement housing. Cm Dahlbacka felt there was no reason to exempt this parcel from the low/moderate housing requirment, and that the precedent should not be established in this case. The City Attorney stated that this is a rather unique development and felt that an ad hoc interpretation would be proper. Since this situation is not covered in the General Plan, the Council has the discretion to make an interpretation. Mr. Madis stated that he felt he could meet the requirement by using the two lots between the two existing houses facing College Ave. for the construction of two duplex units. ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE THE PUBLIC HEARING WAS CLOSED. ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE REQUEST FOR A PUD WAS APPROVED AS OUTLINED IN PLANNING COMMISSION RESO. NO. 96-78; ALSO APPROVED WAS TRACT MAP 4138 AND THE E .,I . R. Dan Spruiell, 1900 Buena Vista, thanked the Planning Commission for their 20 hours of work in three separate meetings on this project. He felt they had done a fantastic job. PUBLIC HEARING - PROPOSED ZONING ORDINANCE AMENDMENT RE I-R DISTRICT Proposed is a Zoning Ordinance text amendment to establish an I-R (Industrial and Research) District. Mayor Turner declared the public hearing open. Bob Ruggles, 1 Sierra Ave., Piedmont, stated that he had worked with the Planning Commission in the drafting of this ordinance and wanted to make a recommendation regarding Item .70 Lot Coverage. He felt the building coverage maximum should be decreased to "40%, except where changed by conditional uses." ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. Cm Dahlbacka questioned the height regulation that allows 100 feet maximum. Especially in the area of North Livermore Avenue, he would like to see a 30 foot maximum and up to 100 feet under conditional use. This would control the visual impact since North Livermore Avenue is the main entrance to our city. CM DAHLBACKA MOVED TO APPROVE THE PLANNING COMMISSION RECOMMENDATIONS AS INDICATED IN P.C. RESO. NO. 93-78 WITH THE FOLLOWING CHANGES: 40% MAXIMUM BUILDING COVERAGE, 30 FEET HEIGHT LIMIT BUT UP TO 100 FEET WITH CUP, SECTION .70 DELETE "DECREASED" AND SUBSTITUTE "CHANGED". SECONDED BY MAYOR TURNER. CM-35-4l9 November 6, 1978 (Re P.H. - I-R District) em Kamena mentioned that he has had several inquiries regarding the potential for other kinds of development in this ares, such as a shopping center or other commercial development. He asked if it would be prudent, if the majority of the Council is in agreement, to add that type of development to the conditional uses or if it could be handled in a different way. Cm Dahlbacka commented that no property should be made available for commercial development until the downtown area develops. He felt commercial use could be added to the proposed ordinance at a later date. Mayor Turner indicated that he didn't feel that commercial development at the interchange would hurt the downtown area. em Ebert commented that he felt the potential for commercial devel- opment at the interchange was unlimited. He suggested that a Nut Tree type development had great potential because of the proximity to the Livermore Airport. He was in favor of a much more open zoning in that particular area, since the opportunity was here to stimulate a general area of commercial growth. Bob Ruggles, 1 Sierra Ave, Piedmont, commented that the property would be good for a people-intensive use and that the I-R Ordinance seemed to be reasonable and acceptable. Mayor Turner said he did not support the changes presented and felt it needed further discussion. Gary Reiners stated that the proposal as it is right now, does not change the use controls or designation or any land; it's merely a text change which establishes an ordinance for an industrial and research district that mayor may not be specific to the property under discussion. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. An ordinance will be prepared for later introduction. The Negative Declaration was accepted and will be filed with the Alameda County Clerk. It was the consensus of the Council to send to the Planning Commis- sion a synopsis of the discussion tonight regarding commercial de- velopment at the interchanges. PROPOSED ZONING ORDINANCE AMENDMENT - CN DISTRICT Proposed is a Zoning Ordinance text amendment to Section 10.21, Permitted Uses within the CN (Neighborhood Commercial) District. The intent of the proposed amendment is to expand the permitted used within the "CN" District. This would simplify and expedite approvals of certain uses, which now require an approval period of from a month to six weeks under the CUP procedure. The amendment would also give the Zoning Administrator authority to approve sim- ilar type uses. Mayor Turner declared the public hearing open. There were no comments. ON MOTION OF CM KAMENA, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. ON MOTION OF CM KAMENA, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED THE PLANNING COMMISSION RECOMMENDATIONS FOR AMENDING SECTION 10.21 OF THE ZONING ORDINANCE AS INDICATED IN PLANNING COMMISSION RESOLUTION NO. 9578, AND ACCEPTED THE NEGATIVE DECLARATION. An ordinance amendment will be prepared for later introduction. CM-35-420 November 6, 1978 PROPOSED ZONING ORDINANCE AMENDMENT RE VARIANCE AND CUP PROCEDURES The proposed text amendment will allow all Cupls to be approved by the Planning Commission, with a right of appeal to the City Council. It will also allow the Planning Commission to designate certain Condition- al Use Permits that may be approved by the Zoning Administrator, with a right of appeal to the Planning Commission and City Council. Cm Dahlbacka expressed his concern that the amendment as it relates to the OS-UR District, would usurp the zoning privilege of the City Coun- cil and the Planning Commission. Paul Curtis, Zoning Administrator, noted that development within the OS-UR District would still require Planning Commission and City Coun- cil review. Gary Reiners, City Attorney, said he had discussed this with the planning Department and he concurred that the PUD requirement does take care of the broad delegation problem. He was concerned, however, with the fact that the delay in getting the minutes out might some- times severely prejudice the right of the Council to perfect an appeal of some action taken by the Planning Commission or the Zoning Admin- istrator. He asked if Council felt that a summary should accompany every action that's taken under this new policy. Council concurred with Mr. Reiners suggestion and a list will be prepared summarizing Planning Commission and Zoning Administrator action on a regular basis. em Ebert pointed out that the proposed amendment simply gives the Planning Commission and the Zoning Administrator the power to rule on a number of minor variances so they do not have to go through a lengthy bureaucratic process, but still reserve the right to appeal. Mayor Turner declared the public hearing open. There were no comments. ON MOTION OF CM KAMENA, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE THE PUBLIC HEARING WAS CLOSED. CM KAMENA MOVED TO ADOPT AN ORDINANCE AMENDING THE VARIOUS SECTIONS OF THE ZONING ORDINANCE AS INDICATED IN PLANNING COMMISSION RESO. NO. 94-78, AND TO ACCEPT THE NEGATIVE DECLARATION. MOTION WAS SECONDED BY CM DAHLBACKA AND PASSED UNANIMOUSLY. An ordinance will be prepared for later introduction. LETTERS OF COMMITTEE RESIGNATIONS Letters of resignation were received from Aurelio Chapa - Social Concerns Committee, and from Jacqueline Williams - Beautification Committee. The staff was asked to send each a letter of thanks for their service to the community. RE RE-ORIENTATION OF PLANS - LYON'S RESTAURANT A revised site plan has been submitted by the applicant orienting the building and restaurant entrance to the south. A row of parking is provided along the north and south property lines extending to the 15 foot setback line along South "S" Street. The remainder of the parking is at the rear of the building. ON MOTION OF CM KAMENA, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE REVISED SITE PLAN WAS APPROVED. CM-35-42l November 6, 1978 REQUEST RE APPROVAL OF MINUTES FROM LAVWMA PROJECT MANAGER A request was received from the LAVWMA Project Manager regarding approval of minutes of the Board and direction to our delegates so action can be taken at the meeting of November 15, 1978. Minutes approval has been difficult in the past because of the changing group of representatives from meeting to meeting. The consensus of the Council was that whichever Councilmember is attending shall approve the current set of minutes. CITY MANAGER'S REPORT The City has received formal notification from the State that the City's classification study grant has been approved. The Beautification Committee is currently working with the Chamber of Commerce in regards to Christmas decorations. CLARIFICATION RE APPROVAL OF RESIDENTIAL PROJECTS - 1979. Recently the City Council extended the interim policy of approving residential development for the 1979 calendar year. On October 2, 1978, the Council approved an allocation figure of 355 housing units and instructed the staff to continue to accept applications. Clari- fication is needed on what projects will be approved in 1979 and when the projects will be approved. The list labeled Table A would give an additional 53 units for large projects which received 53 or less units in 1978. The list labeled Table B would limit approval to 53 units per project during the interim period. Gary Reiners, City Attorney, noted that a problem arises under the sewage allocation resolution which declares a limit of 50 for each lot of record existing as of the date that resolution was first adopted. That resolution would have to be amended if Council adopted Table A. Regarding the first-come, first-serve pOlicy, there are two alterna- tives, Mr. Reiners stated. Either permit doubling back to pick up subdivisions that have already received a 50-unit allocation or open up a new application period, obtain enough units and go down the list first-come, first-serve with a 50 unit limitation intact. em Kamena suggested combining the two lists since there were more requests than available allocations. (Tape periodically inaudible) Cm Dahlbacka felt there should be no exemptions from the Residential Development policy. em Ebert commented that he believed that a person who had a unit development of greater than 50 lots, although only allowed 50 lots under the present development policy, should be given preferential consideration so that he can continue the development on a more economical basis. Mayor Turner noted that the developers who applied in 1978 understood the ground rules at the time they applied. em Dahlbacka said he supported Table B with Table A added on to the end of it. CM-35-422 November 6, 1978 (Re Approval of Resident- ial Projects - 1979) Cm Kamena commented that 348 units have been approved for 1978 accord- ing to the General Plan limits that the City has, each applicant lim- ited to 50 units. 355 units is the maximum amount which can be approv- ed in 1979 and of that number 232 have already been spoken for. So it is only the remaining 123 which will be affected by tonight's dis- cussion and decision, he said. He added that it had come to his atten- tion that lO individual lots of record may not be enough. MAYOR TURNER MOVED TO ACCEPT TABLE B, TO INCREASE THE PROJECTS OF LESS- THAN-FOUR HOUSING UNITS FROM 10 TO 25, AND TO ALLOCATE THE BALANCE OF UNITS (108) ON A FIRST-COME, FIRST-SERVE BASIS. SECOND BY CM KAMENA. Cm Ebert was still concerned about developers of larger subdivisions who had already received their maximum number of allocations for 1978 and would not be allowed to apply for more in 1979. He felt that the policy was difficult to understand. Roy Jensen, 4ll S. "L" St., said that when he began developing there was no discussion of continuing the policy in 1979 and as a result he is having trouble financing his project. (Tape periodically inaudible) Mayor Turner withdrew his motion; Cm Kamena withdrew his second. IT WAS MOVED BY CM DAHLBACKA, SECONDED BY CM KAMENA, THAT THE PROVI- SION FOR LESS-THAN-FOUR HOUSING UNITS BE INCREASED FROM 10 TO 25. Paul Curtis, Zoning Administrator, stated that he was operating under the interpretation that the policy of 50 units maximum, with three additional units for low and moderate housing, would be extended through 1978-79. Cm Ebert stated that he would like to see that policy changed and some allowance made for developers of more than 50 units. Mike Farley, Kay Building Co., said that it seemed logical to use the 1978 first-come, first-serve list for the available 1979 allocations. He suggested amending the interim policy to read "no more than 50 units per year. II Dewey Watson, Kissell Co., indicated that he supported Cm Kamena's views and added that new applicants are not necessarily people who are seeking to change the growth pattern of the city, many being in-fill participants. He felt the 108 allocations left should be distributed between the other property owners in Livermore, with no preferential treatment being given to the larger developers. Leo Parry, 4835 Beacon Hill Drive, Castro Valley, noted that when he agreed to front-end improvements in his development, he thought he was being assured a continuity of building. Mayor Turner reiterated that the only motion on the floor is to change the figure from 10 to 25 on projects of less-than-four housing units. He added that Council is also directing the staff to work within the limitations of the policy that was approved a few weeks ago. Gary Reiners commented that the difficulty comes in dovetailing the allocation policy with the 2% growth. The 2% growth is a per annum restriction and trying to work the two together implies an annual cast to the formula. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. CM-35-423 November 6, 1978 APPOINTMENT - PLANNING COMMISSION - M. LUNA ON MOTION OF CM EBERT, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, MANUEL P. LUNA WAS REAPPOINTED TO THE PLANNING COMMISSION. RESOLUTION NO. 292-78 A RESOLUTION FOR APPOINTMENT TO THE PLANNING COMMISSION (Manuel P. Luna) APPOINTMENTS (VARIOUS) em Staley being absent, no nominations could be accepted for the remaining openings on the various committees. ALTAMONT PROPERTIES CUP APPLICATION Council considered a CUP application from Altamont Properties, to allow a used truck sales facility, north of Naylor, south of Preston, and west of Vasco Rd. Staff recommendation was to approve the CUP subject to Planning Commission Reso. No. 85-A-78, with the Negative Declaration. CM EBERT MOVED TO ADOPT THE STAFF RECOMMENDATIONS, SECONDED BY CM DAHLBACKA. MOTION PASSED UNANIMOUSLY. CONSENT CALENDAR Item Deletion At the request of the applicant, Item 6.7, Resolution re PUD/CUP and Tentative Map 4108 - Bedford Plaza, was deleted from the Consent Calendar. Sign Upgrading Project This project consists of placing 55 new school warning signs and 48 new school xing signs at various locations around local schools. The federal funding on this project allows for expenditures to be limited to "off system" or generally minor streets. Council authorized staff to call for bids on Project 77-27, 1978 Sign Upgrading Project. Reso. re CUP - Century 21 Amador Valley Realtors Council adopted a resolution authorizing a CUP for Century 21, Amador Valley Realtors. RESOLUTION NO. 293-78 A RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT (Century 21 - Amador Valley Realtors) Reso. re Tinney and Vane Council adopted a resolution regarding a PUC/CUP for property lo- cated near East Avenue and Dolores St., applicants being Jack Tinney and Pat Vane. RESOLUTION NO. 294-78 A RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT (Jack Tinney and Pat Vane) CM-35-424 November 6, 1978 Reso. re Tract 2663 The Council adopted a resolution approving Tentative Tract 2663, applicants being Alfonse Thomas and Jack Adamson. RESOLUTION NO. 295-78 A RESOLUTION APPROVING TENTATIVE SUBDIVISION MAP 2663 (Alfonse Thomas/Jack Adamson) Reso. re Tent. Map 4099 Tentative Map 4099 received Council approval. The applicants are Fred Spaeth and Dave Mercurio. RESOLUTION NO. 296-78 A RESOLUTION APPROVING TENTATIVE SUBDIVISION MAP 4099 (Fred Spaeth and Dave Mercurio) Reso. re CUP/PUD - Tentative Map 4101 The Council adopted a resolution approving a PUD/CUP and Tentative Map 4104, applicants Delwyn Lounsbury and Thomas Appleton. RESOLUTION NO. 297-78 A RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT PERMIT, CONDITIONAL USE PERMIT AND TENTATIVE TRACT MAP 4101. (Delwyn Lounsbury and Thomas Appleton) Reso. re Master E.I.R. The Council adopted a resolution approving the Master E.I.R. RESOLUTION NO. 298-78 A RESOLUTION APPROVING AND ADOPTING A MASTER ENVIRONMENTAL IMPACT REPORT FOR RESIDENTIAL DEVELOPMENT Resolution 293-78 through 298-78 reflect Council decisions from the meeting of October 23, 1978. Resolutions of Appointments The following resolutions reflecting appointments made by the Council were adopted: RESOLUTION NO. 299-78 A RESOLUTION FOR APPOINTMENT OF MEMBERS TO THE HOUSING COORDINATION COMMITTEE (Charles DePaoli, Lynn Thomson, Warren Thompson, Jack Tinney, Jason Traxler, Karen Nattrass) RESOLUTION NO. 300-78 A RESOLUTION FOR APPOINTMENTS TO THE BEAUTIFICATION COMMITTEE (Paula Glauber and Christine Schnitzer) CM-35-425 November 6, 1978 (Re Consent Calendar) RESOLUTION NO. 301-78 A RESOLUTION FOR APPOINTMENT TO THE GREENS COMMITTEE (GLEN GIDDINGS) RESOLUTION NO. 302-78 A RESOLUTION FOR APPOINTMENT TO THE GREENS COMMITTEE (NORMAN SCHEIB) Departmental Reports The following reports for the quarter ending September 30, 1978 were submitted for informational purposes. Revenues and Expenditures Airport Las positas and Springtown Golf Courses Reso. Rejecting Claim The Council adopted a resolution rejecting the claim of Joseph Fiorette. RESOLUTION NO. 303-78 A RESOLUTION REJECTING THE CLAIM OF JOSEPH FIORETTE Reso. re Disability Retirement Charlie T. Davis, a City of Livermore Fire Department Battalion Chief, was injured in the line of duty and has since been deter- mined to have a permanent physical disability which will prevent him from performing his previous duties. The Council adopted a resolution authorizing his disability retirement. RESOLUTION NO. 304-78 A RESOLUTION AUTHORIZING DISABILITY RETIREMENT (Charlie T. Davis) Resos. Awarding Bids A bid was accepted from H. V. Carter for a Golf Course Greensmower. RESOLUTION NO. 305-78 A RESOLUTION AWARDING BID (H. V. Carter) The Council adopted a resolution awarding a bid for polymer, used as a coagulant in the treatment of waste water, to Hercules, Inc. RESOLUTION NO. 306-78 A RESOLUTION AWARDING BID (Hercules, Inc.) CM-35-426 November 6, 1978 Reso. Re State Department of General Services Contract Re Typewriters The Council adopted a resolution authorizing participation in State Department of General Services contract for electric typewriters. RESOLUTION NO. 307-78 A RESOLUTION AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS ON BEHALF OF THE CITY OF LIVERMORE. Planning Commission Minutes - 9/19/78 The minutes of the Planning Commission meeting of September 19, 1978 were submitted for informational purposes. Payroll and Claims There were 113 claims in the amount of $256,196.57 and 296 payroll warrants in the amount of $107,131.66, for a total of $363,328.23, dated October 26, 1978, and approved by the City Manager. Consent Calendar Approval ON MOTION OF CM EBERT, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED WITH THE DELETION OF ITEM 6.7, RESOLUTION RE BEDFORD PLAZA. MATTERS INITIATED BY COUNCILMEMBERS (Sign Ordinance) em Ebert asked about the possibility of a review of the sign ordinance to permit businesses to put signs up within 1000 feet of the freeway. Gary Reiners said his department and the Planning Department would look at the ordinance and prepare a brief summary of options to bring back to the Council. (Voting Procedures - P.C.) ern Kamena expressed concern with the voting procedures of the Planning Commission, in that they differ from the procedures used by the Council. (Crossing Guards) It was the consensus of the Council to send a letter to the School District to ask specifically what their action has been regarding the Crossing Guard Program, what their official position is, and to include the subcommittee's suggestions. (School District Position) Mayor Turner noted that at a recent meeting, a representative of the School Board stated that the School District's position is one of no growth until their school problems are solved. It was the consensus of the Council to query to School District to determine if that is their official position and what their plans are to correct what they believe is the particular problem. CM-35-427 November 6, 1978 INTRO. OF ZONING ORDINANCE AMENDMENT This action reflects the Council's decision of October 23, 1978. ON MOTION OF CM EBERT, SECONDED BY MAYOR TURNER AND BY A VOTE OF 3-0, CM DAHLBACKA ABSTAINING, A ZONING ORDINANCE AMENDMENT RELATIVE TO A ZONING CATEGORY CHANGE FROM RL-7 to RG-16 DISTRICT, AREA SOUTH OF COLLEGE AVENUE, WAS INTRODUCED AND READ BY TITLE ONLY. ADJOURNMENT There being no further business before the Council, the meeting was adjourned by Mayor Turner at 10:55 p.m. APPROVE ATTEST ~/ Cl.ty Clerk Livermore, California CM-35-428 Regular Meeting of November 13, 1978 A regular meeting of the Livermore City Council was held on Monday, November 13, 1978, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Turner. ROLL CALL Present: Absent: Cm Dahlbacka, Ebert and Mayor Turner Cm Staley, Kamena (Both seated shortly after) PLEDGE OF ALLEGIANCE Mayor Turner led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. MINUTES - 10/23/78 ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE MINUTES OF OCTOBER 23, 1978 tiERE APPROVED AS SUBMITTED. OPEN FORUM (May Nissen Park) Jim Smith, 807 Crane Ave., stated that a community meeting was held on November 9, 1978 to discuss what could be done regarding the van- dalism and related problems at May Nissen Park. Two City Police officers were present at the meeting. Suggestions made included posting a sign closing the park after dark, enforcing a 10:00 p.m. curfew and replacing the fence along the walkway. He asked what the Council's intention was regarding the problems at the park. Mayor Turner said he had received a report from Chief Nelson stating that the severity of the problem had lessened, fewer teenagers were using the park because of the increased Police patrols. He suggested Mr. Smith contact the City Engineer or Chief Nelson directly if severe problems still remained. Bob Speicher, 791 Crane Ave., stated that he has been the victim of numerous instances of vandalism, his house has been broken into twice, rocks have been thrown through his windows. He added that the park needed to have some signs posted. Gary Reiner, City Attorney, commented that LARPD has its own set of ordinances and they would have to either amend or add to the existing ordinances governing the use of the Park. He added the City Police force could enforce theLARPD's ordinances on public property. Cliff Sullivan, 796 Laurel Dr., indicated that there was a problem with speeding cars in the adjacent shopping center parking lot. When he contacted the police, they said there was nothing they could do unless the owner posted signs in the parking lot. Mr. Sullivan contacted the owner who has had the signs made and Mr. Sullivan will post them shortly which may help alleviate the problem. He suggested that the City put stop signs on Laurel and Crane to reduce the speeding problems on those streets. James Altman, 737 Crane Ave., inquired as to whom to contact regarding a gate to close the Crane Avenue entrance into the Park at night. He also asked about the possibility of closing off the parking lot off Rincon at night. Mayor Turner said that would be the Park District's responsibility and that the Council would contact the LARPD in this regard. He suggested bringing the matter back to Council as an agenda item some time in December. CM-35-429 November 13, 1978 (Re May Nissen Park) Cm Staley suggested to Mr. Altman that he discuss the matter with the LARPD staff before the night of their regular meeting to give them time to come up with some recommendations to the LARPD Board. John Spear, 815 Crane Ave., listed some of the problems he has had since he moved to Crane Avenue nine months ago: racing cars, kids screaming and yelling in the Park at all hours, beer bottles in the back yard and bouncing off the house, backyard fence kicked down, trash thrown in the yard, and the continual fear that his own children will be harmed if they use the Park as a playground. Mayor Turner stated that he was convinced that the area needs some close attention and the Council would see what could be done in ad- dition to what has been done already. (Water Reclamation Plant Average Daily Flow) John Stein, 1334 Kathy Ct., asked what the current sewage flow is now compared to two years ago. Dan Lee, Director of Public Works, stated that the current daily flow is around 4.6 to 4.7 million gallons now which is almost exactly comparable to what it was two years ago. PUBLIC HEARING RE PROPOSED ZONING ORDINANCE AMENDMENT RE RS DISTRICT This is a continued hearing regarding a proposed Zoning Ordinance text amendment as it relates to the RS (Suburban Residential) District side and rear yard setbacks, floor area (site coverage), lot design (lot width in proportion to depth); and the Negative Declaration prepared for this proposal. Mayor Turner opened the Public Hearing, and stated that the staff had recommended that the present Zoning Ordinance be changed and have outlined those changes, a copy of which is in the agenda packet. Lynne Thomson, League of Women Voters, reported on a survey that the League had taken on November 4 and 5, 1978. As she began her report Cm Ebert questioned her statement that the report contained statistically significant data. Jerry Ball, statistician at Chabot College, gave some background information on the survey and explained some of the terminolgy. In addition to compiling the results of the survey, he helped with the structure of the questions and is satisfied that the results of the survey are reliable. He felt that the results of any repeat survey would be within 5% of this survey. Responding to an inquiry by Mayor Turner, Lynne Thomson stated that the surve~ was taken by League members on Nov. 4 and 5 between the hours of 9 a.m. and 4 p.m. She said the League basically supports housing for a variety of people and their concern is that possibly a variety will not be built in the future. Cm Ebert requested that the hearing be put over for one week until the survey can be properly defined. Mayor Turner ruled that in the past the position of the Council has been that if the Council wants to put an issue over for a week, they are able to do that, but if it's a public hearing, public input is taken first and then the public hearing is left open and continued to the next week. CM-35-430 November 13, 1978 (Re P.H. - RS District) Jerry Ball indicated that the survey was not meant to be a random sampling. It was designed as a stratified sample to survey completely certain strategic segments of the community, selected specifically on the basis of their applicability to the issue. ern Staley commented that he would like to hear the results of the sur- vey since he felt they were valid input for the public hearing. Lynne Thomson stated that she would try to point out trends only. The results of the survey indicated general satisfaction with side- yard and backyard size in RS-3, RS-4 and RL-lO areas but a trend toward dissatisfaction in the RL-6 area. The results of the survey regarding questions relating to size of house, size of lot, and the relationship between them showed a trend toward wanting the same 'size house but bigger lot in the RL-6 area. Ann Kasameyer, League of Women Voters, added that quite a few homes in the RL-6 area, Cinnamon Creek, cover more than 30% of the lot and that 57% of the people who have large coverage are unhappy with the relationship between the size of the house and lot. Cm Staley expressed his appreciation for the amount of effort and time that the League of Women Voters had put into the survey. Ann Kasameyer, 692 Jefferson, representing the League of Women Voters stated that the Livermore-Amador Valley League of Women Voters supports variety in housing, specifically supporting the availability of a wide range of house sizes and prices with spec- ial attention being given to housing those people who work here in the Valley. They are concerned that changing the present RS zoning standards to allow greater lot coverage will result in fewer small homes being built. They feel allowing a larger and therefore more expensive house to be built on a small lots, instead of a small house, will deny many of our citizens access to new homes. Duane Dierks, 1178 Glenwood, supported the statements made by Mrs. Kasameyer. Jim Day, 745 Cardinal Dr., representing the Citizen's Protection League, stated that the RS ordinance is good as it stands; it pro- tects the citizens and homebuyers interests. He noted that changes should not be made when the public has not asked for any, that cit- izens should be allowed the flexibility of this ordinance - not developers, that young homebuyers need the less expensive housing allowed only under existing RS standards, and that homebuyers should have the right to privacy and adequate side and backyards. , Clarence Hoenig, 588 Tyler, supported the RS Ordinance, specifically the 25-35% coverage which he considered essential. He added that he was disappointed that the staff did not make a report on the staff- recommended changes. He also urged the Council to think carefully about where the motivation comes for this change, and to consider carefully whether the citizens of Livermore, which includes develop- ers and home-builders who are doing business in the community, want this change. Sam Stone, 5460 Evelyn Way, representing the Rhonewood Park Home- owners Association, stated the Association had two concerns. The first was that these changes may influence the number of families per acre, producing overcrowding, decreasing the quality of life and decreasing the value of homes. Secondly, it would be an unwise precedent of changing the General Plan. Lorraine Raison, 5244 Kathy Way, stated she does not want the zoning changed. CM-35-43l November 13, 1978 (Re P.H. - RS District) Paul Kasameyer, 692 Jefferson Ave., stated that in his op1n10n, the League of Women Voters survey indicates a consistent trent of less satisfaction with the way the house sits on the lot under the RL standards. The survey also indicated that people overwhelmingly in all areas said they would choose houses over yards, and Mr. Kasameyer suggested that if the question had been phrased in a cost-benefit manner the answers would have been considerably differ- ent. Lorraine Banfield, 542 Hanover, was in favor of keeping the existing RS zoning ordinance and not amending it. Mike Burger, 1023 Sherry Way, commented that the problem that the City is facing is a balance between cost and environment. He talked to 60 homeowners in the RS-4 zone, most of whom were happy with the zoning because of the setbacks. He asked them if they would want to have the option to have a 35% floor area coverage rather than 25% at the time the house is built, if the front and side yard setbacks remain about the same with a minimum of 25 yard rear yard. 55 people definitely wanted to have that opportunity. Gurnam Sidhu, 1533 Vancouver Way, favored retaining the present RS ordinance. Hector Timourian, 935 Lynn St., favored retaining the RS Ordinance as it presently exists. David Coles, 2684 Wellingham Dr., stated that he was opposed to changing the RS ordinance. Aaron Latkin, 4609 Almond Circle, favored retaining the RS Ordinance as it is. He said in his opinion there doesn't seem to be a signifi- cant difference in cost between a small lot and a large lot. Hugh Ellsaesser, 4293 Stanford Way, noted that the consumer should be allowed to have a choice. Alan Burnham, 862 Adams Ave., suggested looking at an intermediate solution between the existing ordinance and the proposed changes. Rollin Harding, 1451 Lillian St., favored the ordinance as it is. Milton Murray, 4474 Hillsborough Dr., Castro Valley, stated that none of the proposed modifications to the present RS standards will have any effect on the allowable density for a given development. He pointed out that other cities in the area have many less re- strictions than the present RS Ordinance of the city of Livermore. Earl Mason, 1245 Glenwood, said that no one is proposing to go back to the standards of 15 years ago. The proposals are an attempt to make the development of the lot a little more flexible, and to allow some variety in the lots. Dan Steinberg, 4174 Pomona Way, was in favor of keeping the zoning ordinance as it stands. He suggested an additional study to find out what constitutes a viable ambience for living in the various homes in Livermore. J. D. Lee, 622 Bentley Place, favored retaining the present ordinance. Barbara Mitchell, 5577 Bridgeport Circle, favored retaining the pres- ent ordinance as it is written. Jack Ludemann, 2504 Superior Dr., commented that the RS ordinance wasn't working. There is no innovative housing in Livermore. People who don't want a large lot have a right to live in Livermore, too, he added. CM-35-432 November 13, 1978 (Re P.H. - RS District) Thomas Jefferson, 2504 Tahoe Ct., indicated that he likes large lots and prefers retaining the present ordinance. Ayn Wieskamp, 1413 Lillian St., favored larger lot size in relation to the size of the house. David Eller, 3797 Oregon Way, favored keeping the present ordinance and supported Mr. Steinberg's suggestion of a more thorough study on a more leisurely basis. Don Miller, 2862 Waverley, commented that there was a need for the 1100 square foot house that the RS zoning provides. He added that flexibility for citizens is more important than flexibility for the developer, and he supported retaining the present ordinance. John Stein, 1334 Kathy Court, supported Mr. Miller's comments. Leo Parry, 4835 Beacon Hill Dr., stated that he couldn't follow the logic of allowing an addition to an existing house within two years after purchase but not allowing it to be added at the time it is built. He suggested that there should be more consideration given to what is going to be done before the changes are arbitrarily rejected or accepted. Dick Ryon, 1183 Glenwood Ct., requested that the Council leave the Public Hearing open. CM EBERT MOVED TO CLOSE THE PUBLIC HEARING. MOTION DIED FOR LACK OF A SECOND. ern Dahlbacka suggested keeping the public hearing open and referring the item back to the Planning Commission. CM KAMENA MOVED TO CONTINUE THE PUBLIC HEARING TO DECEMBER 4, 1978, SECONDED BY CM STALEY. THE MOTION PASSED 4-1, CM EBERT DISSENTING. Cm Kamena felt the critical question was what percentage of the given minimum lot size yields the features designed into the RS ordinance's basic philosophy. CM KAMENA MOVED TO REFER THIS MATTER TO THE PLANNING COMMISSION AND TO ASK THEM TO STUDY THESE SUGGESTED AMENDMENTS TO THE RS ZONING ORDINANCE: l. AMEND REAR YARD SETBACK TO 30 FEET MINIMUM INSTEAD OF 25 FEET MINIMUM, 35 FT. AVERAGE AND DELETE REFERENCES TO AVERAGING. 2. AMEND MAXIMUM PERMITTED SITE COVERAGE (LIVING AREA COVER- AGE INCLUDING GARAGE) TO 30% FROM 25%. 3. AMEND MINIMUM LOT SPECIFICATIONS IN RS-5 ZONE (THE SMALLEST) FROM 6000 SQ. FT. TO 6,500 SQ. FT. 4. AMEND MINIMUM AVERAGE LOT WIDTH SO THAT DEPTH SHALL NOT EXCEED TWO TIMES THE LOT WIDTH EXCEPT FOR CUL-DE-SAC LOTS WITH A 2~ TO 1 RATIO. 5. AMEND LOT COVERAGE DEFINITION EXCLUSION FOR ACCESSORY BUILDINGS SO THEY MAY HAVE A MAXIMUM OF 63 SQ. FT. IN- STEAD OF 36 SQ. FT. (LIVING AREA COVERAGE THEREFORE IS STILL THE BASIS). MOTION WAS SECONDED BY CM STALEY. Cm Dahlbacka added that he would like the Planning Commission to take another look at consideration of sideyard setbacks for two story houses. Cm Kamena commented that implicit in his motion, the area of the second story is addressed because site coverage is still included, therefore including the second story. CM-35-433 November 13, 1978 (Re P.H. - RS District) Cm Kamena added that the increased setback of 5 feet when a second story house is involved is still maintained. em Staley inquired if the intent of the amendment was that the 30% maximum lot coverage would include the second story, not 30% first floor, 30% second floor, just 30% envelope period. Cm Kamena stated that it was. Cm Dahlbacka noted that if you expand your house upward, you have to have a 5 foot setback and he thought there were structural prob- lems sometimes with that. He would like to see some discussion on the matter, he added. Cm Kamena commented that if the additional 5 foot setback for the second story is not maintained, the house tends to intrude on the privacy of the neighbors. He said that if the requirement is amend- ed, and he does not favor amending it, then inevitably, straight wall houses will result which he didn't feel were as pleasing aesthetically as an inset addition. In reply to an inquiry, he explained that his amendment does not permit expanding to 35% site coverage within two years. A discussion followed on the relationship of lot width to lot depth. Cm Kamena stated that his amendment really addressed the issue of width, that many configurations of lots turn out to dictate quite wide street frontage, etc. It was the consensus of Council to pur- sue this issue in more depth at a later date after referral to the Planning Commission for comments. ern Ebert stated his total opposition to the motion on the floor, commenting that he did not feel that the matter should be sent back to the Planning Commission, since they had already had a year to study the problem. Cm Staley noted that the Planning Commission had unanimously re- quested more time to study the proposal. Mayor Turner gave his views on the economic advantages or disadvan- tages of buying a home and then adding on versus buying the home you need at initial purchase. He gave as an example a 1625 sq. ft. home (1185 sq. ft. living space plus 440 sq. ft. garage) on a 6500 sq. ft. lot, using conservative construqtion costs. At today's price, con- struction cost is between $30 to $35 a sq. ft. with 15% increase an- nually. Using the middle of the road of $32.50 a sq. ft., the 1625 sq. ft. home would cost $52,812 plus loan interest, but only 1185 sq. ft. would be living area. Adding on 440 sq. ft. (2 rooms) two years later would cost ($32.50 a sq. ft. plus 30% increase in construction costs plus 10% a sq. ft. for contractors O/H and profit = $46.46 a sq. ft. to build or) $20,442. If it could have been added on ini- tially the same square feet would have cost $14,330 or $6,112 less. Debt service would be: $52,812 original cost at 30 yrs. at 10% = $463 P & I. The add-on, two years later, will be 15 year financing (maximum) at 11% - $20,442, giving us a paYment of $232, total debt service of $695. He commented that if a person had the opportunity to buy the bigger home originally the debt service would have been $587 or $108 less a month. Plus you would save $6,112 in cost in- creases. He felt the add-on advantage offered in the ordinance was very expensive, favored wealthy people or was a tool to guarantee a hardship on most families. He added that it was, in effect, an automatic variance without public input. Fred Spaeth, 5484 Cleo Ct. suggested decreasing the size of the garage which would allow for more living area. CM-35-434 November 13, 1978 (Re P.H. - RS District) Mayor Turner commented that maybe including the garage space in the total size of the home would encourage the construction of carports. He favored more flexibility in the ordinance and added that the staff has recommended amending it since it is unworkable as it stands. ern Dahlbacka indicated that he had a significant concern with the cost of entry-level housing and its availability in the community. (Tape periodically inaudible) THE MOTION WAS VOTED ON AND PASSED 4-1, CM EBERT DISSENTING. RULES SUSPENSION CM KAMENA MOVED TO SUSPEND THE RULES IN ORDER TO APPROVE AN ITEM ON THE CONSENT CALENDAR, SECONDED BY CM STALEY. MOTION FAILED ON A VOTE OF 4-l, eM EBERT DISSENTING. ADJOURNMENT Mayor Turner adjourned the meeting at ll:S5 p.m. APPROVE ATTEST 1 ~ ofttif Ze: / , // ty Clerk -~ vermore, California CM-35-435 Regular Meeting of November 20, 1978 A regular meeting of the Livermore City Council was held on Monday, November 20, 1978, 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: 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. AGENDA ORDER OF PROCEDURE It was the consensus of the Council to begin with Item 2 - Communications from the agenda of November 13, and then proceed to Item 2 - Communica- tions of tonight's agenda. MINUTES - 10/30/78 ON MOTION OF CM KAMENA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE THE MINUTES OF THE REGULAR MEETING OF OCTOBER 30, 1978, WERE APPROVED. OPEN FORUM John J. Migliore, Jr., 6271 Tesla Rd., expressed his concern with government in general and with pollution, commending Cm Ebert for his work as a Councilman. (Water Reclamation Plant) John Stein, 1334 Kathy Ct., stated the much of the surge in building permits seems to have been based on a 4.4 mgd flow estimate made at the May 22 meeting. Since the flow is now approaching or at the pre-drought flow of 4.6 - 4.7 mgd, his studies indicate that the City has three options, stop issuing building permits immediately, reduce the allocations for business and commercial or for low/mod- erate income housing, or eventually overload the sewer plant. He suggested permitting commercial and industrial allocations only, since they make limited demands on the current capital base of the community and pay a maximum in sales and use taxes. Mayor Turner commented that the City has applied for an expansion to the sewage treatment plant which has been approved. He also pointed out that Mr. Lee's figures may differ from Mr. Stein's fig- ures but added that he would make sure that the Department of Public Works received a copy of Mr. Stein's figures and prepared a report. Don Miller, 2862 Waverley, indicated that there were two kinds of capacity in the sewer plant, hydraulic capacity and the solids hand- ling capacity. The drought reduced somewhat the hydraulic capacity but the solids handling capacity has not lessened. He felt the sewer plant is currently at capacity. COMMUNICATION RE LAFCO SPHERE OF INFLUENCE A communication was received from LAFCO indicating that the Commission expects to consider, in their normal review process, the City's Sphere of Influence, probably in April or May, 1979. CM-35-436 November 20, 1978 COMMUNICATION - CONFERENCE OF CALIF. HISTORICAL SOC. An invitation was received from the Livermore Heritage Guild to par- ticipate in a planning meeting for the Symposium of the Conference of California Historical Societies to be held in Livermore in September of 1979. It was noted for filing. REQUEST RE PROJECT EX- PENDITURES - HOUSING AUTHORITY A request was made by the Housing Authority to alter Council-approved expenditures for each project, concerning the rehabilitation of Leahy Square, because of changes in anticipated expenditures, money available from other sources and changing needs. CM KAMENA MOVED TO APPROVE THE CHANGE IN FUNDING AND APPROVE THE RESOLUTION AUTHORIZING EXECUTION OF THE HCD BLOCK GRANT AGREEMENT. SECOND BY CM STALEY. Cm Ebert stated that he was opposed to the City spending $25,600 for landscaping at Leahy Square, that it was unnecessary and a boon- doggle. Tom Matthews, Housing Authority member, noted that there was money originally allocated for landscaping ($1,700). He stated that they were able to get the same number of street lights for $9,000 that they had originally estimated would cost $21,000, and that they had found other sources of funding for the cathodic protectors so they were hoping that those monies could be reallocated to do some planting of trees and turf. Cm Staley pointed out that one objection to public housing in the past has been the lack of landscaping, and he felt it was an important item. MOTION PASSED 4-1, CM EBERT DISSENTING. RESOLUTION NO. 308-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Livermore Housing Authority) PROPOSED NOISE ORDINANCE The Noise Committee transmitted to Council a proposed noice ordinance. ON MOTION OF CM KAMENA, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, THE PROPOSED NOISE ORDINANCE WAS REFERRED TO STAFF AND OTHER APPROPRIATE BODIES FOR RESPONSE PRIOR TO FORMAL REVIEW BY COUNCIL. REQUEST RE ALLOCATIONS OF SEWER PERMITS Leo J. Parry requested a work session regarding allocations of sewer permits. Cm Staley pointed out that it would be simpler to consider this item after the report had been received from the Department of Public Works regarding sewage plant capacity. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE MR. PARRY'S REQUEST WAS REFERRED TO STAFF FOR REPORT. CM-35-437 November 20, 1978 KAY BUILDING CO. RE G.P. REQUEST DENIAL The Planning commission has denied a request by Kay Building for a General Plan Amendment on some property that they own and according to the law there is no right of appeal. They asked the Council to consider directing the Planning Commission to reconsider the question. It was noted for filing. (See also p.443, Kay Building Co. - G.P. Request Denial) REPORT - LIBRARY RE CAL. LIBRARY SERVICES ACT The California Library Services Act, provides payment to libraries serving out of town borrowers. Our library board seeks a council resolution giving permission for our library to participate. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, A RESOLUTION GIVING PERMISSION FOR OUR LIBRARY TO PARTICIPATE IN THE CALIFORNIA LIBRARY SERVICE ACT WAS APPROVED. RESOLUTION NO. 309-78 RESOLUTION AUTHORIZING THE LIVERMORE LIBRARY TO PARTICIPATE IN CALIFORNIA LIBRARY SERVICES ACT APPEAL RE VARIANCE - LLOYDS BANK An appeal was submitted by Lloyds Bank, 1129 Catalina Dr., regarding Planning Commission action on a Variance to increase allowable floor area from 23.5% to 23.7% and reduce required street frontage yard from a non-conforming 37 ft. to 12 ft. in order to build a canopy. Since the applicant in this matter is Mayor Turner's employer, the Mayor turned the gavel over to Vice-Mayor Kamena and abstained from the discussion and voting. Gary Reiners, City Attorney, explained that this shopping center, like all shopping centers in town, is non-conforming with respect to the present ordinance, which was adopted after the shopping cen- ter was built. The new setback requirement was built in to the new ordinance looking ahead to the construction of an entirely new shopping center. For this reason, he stated, the present building occupied by Lloyds Bank at the Granada Shopping Center does not and cannot conform if the requested canopy is built over the driveup win- dow. The CUP to provide for the construction of the second driveup sta- tion has already been granted, he added, so the traffic pattern will already be there. The only difference is that if the canopy is not built the customers will get wet; there will be no other impact, he stated. Mr. Reiners commented that in a CN zone the definition of building includes any kind of structure; even a canopy on a service station is considered part of the building for purposes of setback. CM EBERT MOVED TO SUPPORT THE STAFF RECOMMENDATION TO APPROVE THE GRANTING OF THE VARIANCE WITH ATTACHED CONDITIONS, SECONDED BY CM STALEY. Randy Schlientz, representing the applicant, stated that the two points that he wished to make had already been discussed and added that the drive-up facility had already been permitted by a CUP. Cm Dahlbacka commented that this is not a grant of special privilege because similar uses have been granted in the past. THE MOTION WAS VOTED ON AND PASSED 4-0, MAYOR TURNER ABSTAINING. A resolution will be prepared and returned to Council for Consent Calendar action on Dec. 4, 1978. CM-35-438 november 20, 1978 CUP EXTENSION APPEAL - TEXACO, INC. The Council discussed an appeal of Planning Commission action regarding a permit to store and rent hauling equipment at an existing service station located at 930 Springtown Blvd, owned by Texaco, Inc. and operated by Jim Earhart. Paul Curtis, Zoning Administrator, stated that the Planning Commission and the City Council had, a year ago, denied a similar application for both trucks and trailers. This application is for truck storage only but the staff is again recommending denial. In reply to an inquiry by Cm Staley, he said the Design and Review Committee had recommended approval a year ago if screening was undertaken to provide a visual barrier for trailers parked at the front of the lot. The current application is for truck storage at the rear of the lot where the screening is not applicable. Mayor Turner asked what kind of approval the applicant had for his rental and storage facility on First St. Mr. Curtis indicated that the First St. location is in a General Commercial Zone intended for city-wide and regional uses as opposed to the neighborhood uses planned for the Springtown area. Jim Earhart, applicant, stated that he needs the permit badly to relieve the traffic and congestion at his First St. station. Since he is the only U-Haul dealer in the Valley he needs another outlet to store and rent U-Hauls. Mr. Curtis stated that the Springtown station is in a CO-H zone, and that the applicant was requesting a CUP, an expansion of their service station CUP which did not allow storage or leasing of rental vehicles. He added there was no way to adequately screen or accommodate vehicles on the site, except on a very limited basis. Cm Ebert noted that the station is virtually in the middle of nowhere and if it could be used to relieve the congestion at the First St. station, he would be in favor of it. Cm Dahlbacka commented that the CO-H Zone was intended to provide an aesthetic off-ramp exit that was consistent with the City's desire to develop a CN neighborhood use across the street, which that area bad- ly needs. He didn't feel the storage use was consistent with the pur- pose of the zone, and that a more attractive use could be found for the area. Mayor Turner commented that though the City has encouraged commercial development in that area, it hasn't come to pass, primarily because there are not enough residents to support a commercial shopping center. CM EBERT HOVED THAT COUNCIL GRANT THE EXTENSION OF THE CUP AT 930 SPRINGTOWN BLVD. TO INCLUDE THE STORAGE OF U-HAUL TRUCKS AND RENTAL EQUIPMENT, SECONDED BY CM KAMENA. Cm Kamena stated that he felt this was an appropriate use because of the proximity to the freeway, and because of the barricade to be built near Mr. Earhart's First St. station when the overpass is com- pleted. CM KAMENA HADE AN M1ENDING MOTION TO APPROVE THE RENTAL AND STORAGE OF VEHICLES, AND TO ASK THAT A RESOLUTION BE BROUGHT BACK TO COUNCIL AS AN AGENDA ITEM TO ALLOW STAFF AND THE APPLICANT TO MEET AND r-1UTUAL- LY AGREE ON SPECIFIC CONDITIONS TAILORED TO THAT PARTICULAR LOCATION, WHICH CAN BE ADDED TO THE NEXT COUNCIL PACKET. Paul Curtis stated that he had only two simple conditions to add: 1. only trucks are to be stored on the property, and 2. that storage be limited to the area outlined on the site plan submitted by the applicant. CM-35-439 November 20, 1978 (Re CUP Appeal - Texaco) Cm Ebert stated that he was willing to incorporate into his motion Mr. Curtis's second condition but that he was unwilling to restrict storage to trucks only. Mayor Turner pointed out that Mr. Earhart's application is for trucks only. MAYOR TURNER MADE AN AMENDING MOTION TO ALLOW THE STORAGE OF TRUCKS ONLY ON THE LOT, SECONDED BY CM STALEY. Mr. Earhart stated that he had applied for a CUP for U-Haul trucks and rental equipment consisting of crowbars, handtrucks (dollies), and blankets. Cm Ebert indicated that he was now willing to incorporate Mayor Turner's amending motion into his motion. Cm Staley commented that he felt there ought to be a zone other than a CG Zone where a person could operate a rental business. Mayor Turner added that Mr. Earhart has been in business in Livermore for over 20 years and Livermore residents have come to expect U-Haul service at Mr. Earhart's station. He commented that Springtown was built in 1962 and it hasn't developed much since then. In fact, some of the service stations in the area have closed because of lack of business. He felt this was an opportunity to assist a businessman to continue a needed business in the Valley that, contrary to staff input, served a day-to-day need. MAYOR TURNER MADE AN AMENDING MOTION THAT THE CONDITIONAL USE PERMIT, IF APPROVED, BE REVIEWED BY STAFF 24 MONTHS FROM THE DATE OF APPROVAL. CM STALEY SECONDED THE AMENDING MOTION. THE MOTION PASSED 4-1, CM EBERT DISSENTING. Regarding the main motion, Cm Dahlbacka said he reluctantly supported the staff recommendation because he felt the intent of the zone did not include this type of use and that it would affect the development of the CO-H zone. THE MAIN MOTION WAS VOTED ON AND PASSED 3-2, CM STALEY AND DAHLBACKA DISSENTING. REPORT RE TENT. MAP 2740 RAILROAD AND NORTH "K" ST. A report was received from the Planning Commission regarding Tentative Parcel Map No. 2740, Myron J. and Doris Ward, located at the northwest corner of Railroad Ave., and No. K St. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE THE COUNCIL ADOPTED THE STAFF RECOMMENDATION TO CONDITIONALLY APPROVE TENTATIVE PARCEL MAP NO. 2740 IN ACCORDANCE WITH PLANNING COMMISSION RESOLUTION NO. 98-78. A resolution will be prepared and returned to Council for Consent Cal- endar action on Dec. 4, 1978. TENT. PARCEL MAP NO. 276l CHUCK DUNN The Council discussed a report from the Planning Commission regarding Tentative Parcel Map No. 2761, filed by Chuck Dunn. The area involved is between portola Ave. and First Street, 200 feet west of the inter- section. ON MOTION OF CM EBERT, SECONDED BY eM STALEY, AND BY UNANIMOUS VOTE, THE COUNCIL APPROVED TENTATIVE PARCEL ~~p NO. 2761 BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS INDICATED IN PLANNING COMMISSION RESO- LUTION NO. 80-78. CM-35-440 November 20, 1978 (Re Tent. P.M. No. 2761) A resolution will be prepared for the next regular meeting's Consent Calendar. REPORT RE HOUSING REFERENDUM ELECTION The Housing Authority has recommended that the City Council place an Article 34 Low Income Housing Referendum on the ballot in Spring, 1979. Referendum authority is required in order for Community Devel- opment or In Lieu funds to be used in support of a low-moderate income housing project. This recommendation is in support of the Housing Task Force recommendation in respect to both timing and quantity. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, IT WAS DECIDED TO PLACE THE REFERENDUM ON THE BALLOT IN SPRING, 1979. Mayor Turner thanked the Housing Authority members for the great job that they had done. REPORT RE TRANSIT BENCH AD PROPOSAL On September 18, 1978, the City Council referred a proposal by the Bench Ad Company to place 61 bus stop benches in the City of Livermore to the Planning Commission and Beautification Committee. The company proposes to put ads on the benches in exchange for free maintenance and a $5.00 rebate per bench. If the city installs its own benches it will cost approximately $9,150 and up to $7,625 in annual mainten- ance expenses. Ed Schilling, Assistant to the City Manager, stated that the Planning Commission felt the proposal was inconsistent with the sign ordinance and the Beautification Committee felt the advertising on the benches would not be aesthetically pleasing and consistent with community standards. Mr. Leek, Bench Ad Company, stated that his company was willing to place and maintain benches without advertising in the downtown area to comply with the beautification efforts in the downtown shopping area. He added that there would be no signs placed on any bench any- where within the City limits without approval from the Councilor some member appointed by Council for that purpose. Mayor Turner commented that he didn't find bench ads offensive and assumed that the City would control the type of advertising that would be used. He added that it would provide a needed service in the city and there would be no cost to the City. ern Ebert stated that he was in favor of the proposal. Cm Staley indicated that approving this item would basically defeat the purpose of the sign ordinance, and that billboards would soon follow. Gary Reiners, City Attorney, noted that he did foresee some potential problems with regard to legal attack on the sign ordinance's off-site provisions if this application is approved. However, the whole issue of the municipal authority to regulate billboards is presently before the California Supreme Court and the issue is very uncertain. If the status quo is maintained, the Bench Ad approval would be a point of evidence that would be raised by any potential assailant of the sign ordinance. Mayor Turner said that he supported the sign ordinance and did not want to jeopardize it. CM-35-44l November 20, 1978 (Re Bench Ad Proposal) CM DAHLBACKA MOVED TO AUTHORIZE STAFF TO PURSUE BENCH ACQUISITION WITH TRANSPORTATION DEVELOPMENT ACT GRANT FUNDS, SECONDED BY CM STALEY. CM EBERT MADE A SUBS~ITUTE MOTION TO APPROVE THE BENCH-AD COMPANY'S APPLICATION, SECONDED BY CM KAMENA. In reply to an inquiry by Cm Kamena, Ed Schilling commented that if the City Council approves the Bench-Ad proposal, it will be necessary to set a public hearing to amend the relevant section of the sign ordinance. Mr. Reiners stated that the contract to Bench-Ad Company would have to have a clause that would condition its effectiveness on the neces- sary ordinance amendment. Cm Staley indicated that he was not in favor of discussing the two issues of off-site advertising and of the Bench-Ad approval at the same time. They were separate issues and should be discussed separ- ately. THE SUBSTITUTE MOTION WAS VOTED ON AND FAILED 4-1, CM DAHLBACKA, Y~ENA, STALEY AND MAYOR TURNER DISSENTING. Cm Ebert stated that the people were tired of government spending more money than it makes and this was an ideal opportunity to save taxpayer money by allowing a legitimate commercial enterprise to provide a service needed by the community. Cm Staley commented that some citizens would prefer to save the sign ordinance than the money. (Cm Kamena's comments are inaudible on the tape) THE MOTION TO PURSUE BENCH ACQUISITION WITH TDA FUNDS WAS VOTED ON AND PASSED 4-1, CM EBERT DISSENTING. REPORT RE PRISONER DETENTION AND JAIL CLOSURE The City Manager submitted a report regarding the closure of the City's jail facilities and the transferring of this function to Alameda County. The report clearly favors tranferring the majority of detention responsibilities to Alameda County which is better equipped, trained and more knowledgeable in providing this service. The City Manager recommended that Council authorize staff to initi- ate necessary proceedings to transfer our primary detention function to Alameda County. Cm Ebert felt that detention at the Livermore jail would be more indi- vidualized, personalized and humane than at Santa Rita. Mel Nelson, Chief of Police, stated that booking is a much more costly and time consuming procedure at the Livermore jail. An indi- vidual booking averages 114 minutes in Livermore versus 26 minutes at the County facility. He proposed closing the jail with the excep- tion of two holding cells, the entrant unloading area and detention cell, shower, booking station, and one visitor room. The remaining four cells and one visitor room would be converted to much needed storage space. He agreed that the County facility needs some up- grading and added that the County Supervisors are in the process of upgrading Santa Rita at the present time. He stated that the Sheriff does maintain an excellent staff of well trained jail custodians. The Pleasanton Police Department has been using the facility at Santa Rita for some time at no direct cost and have encountered no problems, he added. CM-35-442 November 20, 1978 (Re Prisoner Detention) Jerome Jones, 1120 Madison Ave., stated that the justification for revenue-sharing funds to build the Police Building was based partly on providing a city jail facility and wondered how the City could justify abandoning it. He felt relinquishing the incarceration por- tion of our City law enforcement would be a disservice to local citi- zens. Chief Nelson explained that some booking would still be done at Liver- more such as the occasional arrest requiring an immediate follow-up contact with the prisoner by an investigator, and detained juveniles who are to be picked up by their parents. Cm Ebert expressed his concern with the quality of the detention facility at Santa Rita, because of its bad reputation in the past. Chief Nelson stated that his primary concern was the pOlice service in this community for the law-abiding citizen. Livermore has less than 1 officer per 1000 people and he's been trying to cut back on unnecessary uniformed officer duty to provide that police service and protection with the personnel that he has. ern Kamena commented that he would rather the City wait until the County upgraded it's facility. Chief Nelson added that one of the recommendations he had made was to wait three weeks, get some press coverage, and see what the cit- izen input was. Cm Kamena mentioned that part of the foundation of the bail-out funds was the maintenance of the same level of service by the City. Chief Nelson felt the level of service would be the same. Cm Dahlbacka supported Chief Nelson's concern with police service in the community for the law-abiding citizen, saying that he favored re- linquishing the detention function to Alameda County in order to pro- vide one more officer for patrol duty in the community. MAYOR TURNER MOVED TO ADOPT THE CITY MANAGER'S RECOKMENDATION TO TRANS- FER THE CITY'S DETENTION FUNCTION TO ALA~EDA COUNTY, SECONDED BY CM DAHLBACKA. Cm Staley said he was not in favor of sending anyone to Santa Rita, even a convicted felon. He did not feel that this was the type of savings that the voters who passed Proposition 13 had in mind. He felt it was more desirable to retain a local jail, even though the costs were greater. THE MOTION WAS VOTED ON AND FAILED TO PASS ON A VOTE OF 3-2, CM EBERT, I~ENA AND STALEY DISSENTING. It was the consensus of Council to leave the item open for discussion at a future budget session. RE KAY BUILDING CO G.P. REQUEST DENIAL This item was discussed earlier in the meeting (see p. 438) but a request was received at this time for reconsideration due to the ab- sence of the applicant. It was decided that the matter would be back on the agenda at the next regular meeting. REPORT - LIVER~ORE- DUBLIN DISPOSAL A report was received from the City Manager regarding termination of the Livermore-Dublin Disposal refuse collection contract. The contract expires December 31, 1978 and the staff recommends that it go out to bid. CM-35-443 November 20, 1978 (Re Livermore-Dublin Disposal) Ed Schilling explained that City Code requires that contracts of this type be put out to bid. Specifications have been prepared and are in the Councilmembers' packets. Gary Reiners stated that there is an ordinace, also, which requires the bidding process. An obvious alternative, he added, would be to consider the restrictions of the ordinance. Cm Staley suggested extension of the contract and a reconsideration of the ordinance. Mr. Reiners commented that it would be convenient to have some time to consider amending the ordinance, but it would give the City no legal right to demand continued service. Cm Dahlbacka asked if there was a reasonable probability that the City can obtain a bid other than the present supplier of the service. Mr. Reiners added that there was no existing exception under the bid- ding ordinance for a sole supplier. Mr. Horner indicated that Oakland Scavenger already has a substantial investment in their facilities here and any new company would have to start up with the same kind of capital costs. Mr. Reiners commented that the bidding ordinance is perhaps unworkably drafted and requires the City to go out for bid when it is essentially unnecessary. John Corley, Oakland Scavenger Co., stated that his company would have to bid higher if the commitment was for four years, a length of time which would necessitate some guesswork in regard to the rate of inflation during that period. He felt that bidding is not compatible with the model agreement and the Joint Rate Review Com- mittee of Alameda County. He added that he felt they ran a very efficient operation and that their service in Livermore had been jointly beneficial, especially in the area of new ideas such as the Recycling Program. If his company was committed to a bid and a con- tract, they could not be as flexible as they would like to be. He asked the City to consider amending the ordinance to permit negoti- ations. In reply to a question by Cm Ebert, Mr. Corley said that the Company's new corporation yard and recycling plant will be built at the inter- section of Vasco Rd. and 1-580, near Waxlax Rd. CM KAMENA MOVED TO INSTRUCT THE CITY ATTORNEY'S OFFICE TO PREPARE A REPORT RELATIVE TO AMENDING THE CITY ORDINANCE TO PERMIT NEGOTIATIONS AND TO HAVE IT BROUGHT BACK TO COUNCIL AS AN AGENDA ITEM FOR DISCUS- SION AND DECISION. It was the consensus of the Council to include in the motion that THE CITY ATTORNEY AND THE CITY MANAGER WORK WITH MR. CORLEY AND MR. ALBERTI TO PROTECT THE CITY'S INTERESTS IN REFERENCE TO THE CONTRACT DEADLINE OF DEC. 31, 1978. SECONDED BY CM EBERT. Cm Staley commented that the issue of rate setting is not a good reason to go out to bid in this case. He felt that the citizens are protected more by the Rate Review Committee than they would be with the bidding process. Though he was extremely pleased with Oakland Scavenger's cooperation and efficiency, he would not like to totally abandon the bid process since he felt it would give the City an option in case of future disagreements. Buck Marotz, 2122 Westbrook Lane, stated that in spite of Oakland Scavenger's good service, the competitive process of getting a better bid from some other agency still exists, and if Council doesn't put this out to bid they are forgetting that the people want the best service for the least money. CM-35-444 November 20, 1978 (Re Livermore-Dublin Disposal) Lois Hill, 874 Adams Ave., suggested that the City avoid the confusion that accompanied that last rate increase when the increase covered the previous three or four years due to the fact that the city delayed all incremental increases while the Joint Powers Agreement was being developed at a very slow pace. She suggested that in the future there be frequent reassessment of collection rates, evaluation and innovations of the Recycling Program and consideration of curbside garbage collection at lower rates if the citizens should decide that economy is more important than aesthetics and convenience. She recom- mended that the model agreement be used by the City rather than going to bid. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. Mr. Reiners said that he should have a recommendation on the ordinance amendment ready in about three weeks. PLANNING COMMISSION MEETING - 11/7/78 ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE A SUMMARY OF ACTION OF THE PLANNING COM!'USSION MEETING OF NOVEMBER 7, 1978 WAS NOTED FOR FILING. PLANNING COMMISSION - 9/26, 10/3 & lO/10/78 ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA AND BY UNANIr10US VOTE THE PLANNING COMMISSION MINUTES OF THE MEETINGS OF SEPTEMBER 26, OCTOBER 3 AND OCTOBER 10, 1978 ~mRE NOTED FOR FILING. CONSENT CALENDAR (11/13 & 11/20 Agendas) Reso. re HCD Block Grant Contracts The Council adopted two resolution authorizing of HCD Block Grant contracts re 1978-79: RESOLUTION NO. 3l0-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Livermore Area Recreation and Park District) RESOLUTION NO. 311-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Alameda County Association for the Mentally Retarded) Reso. re Doolan Tank Road Repairs A bid was awarded to Branaugh Excavating Inc. for Doolan Tank Road repairs. RESOLUTION NO. 312-78 A RESOLUTION AWARDING BID (Branaugh Excavating Inc.) Reso. re South Livermore Ave. Reconstruction Council adopted a resolution authorizing execution of Revised Program Supplement No. 5 for Federal Funding of So. Livermore Ave. recon- struction Project. CM-35-445 November 20, 1978 (Re So. Livermore Reconstruction) RESOLUTION NO. 313-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (State of California, Department of Transportation) Reso. re East Clear Zone An agreement was authorized between the City of Livermore and Norman Marciel for lease of the East Clear Zone, easterly of Kittyhawk Road, for agricultural purposes. RESOLUTION NO. 314-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Norman Marciel) Reso. re Neighborhood Watch Program This program, beginning it's second year, is aimed at improving citizen and law enforcement partnership in the prevention of crime. RESOLUTION NO. 315-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Alameda Regional Criminal Justice Planning Board) Resos. Reflecting Previous Council Action A CUP was approved for a used truck sales facility, Altamont Properties. RESOLUTION NO. 316-78 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT (Altamont Properties) Council adopted a resolution approving a PUD, Variance and Tentative Map 4138, applicant - David S. Madis. RESOLUTION NO. 317-78 A RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT PERMIT, VARIANCE AND TENTATIVE TRACT MAP 4138. (David S. Madis) Reso. Rejecting Claim The Council adopted a resolution rejecting the claim of Salvador Arevalos, Nadine Bustos, and Nancy Bustos. RESOLUTION NO. 318-78 A RESOLUTION REJECTING THE CLAIM OF SALVADOR AREVALOS, NADINE BUSTOS, AND NANCY BUSTOS Leave of Absence Grady Bannert A leave of absence was approved for Graydon Bannert in order for him to be eligible for the C.S.F.A. Long Term Disability Insurance cov- erage. Resos. re Emergency Services Two resolutions were adopted for Emergency Services, designating local officials to act in obtaining funds (Lee Horner and Jean Tucker), and authorizing surplus acquisition (Lee Horner and Jean Tucker) . CM-35-446 November 20, 1978 (Resos. re Emerg. Serv.) RESOLUTION NO. 319-78 A RESOLUTION DESIGNATING LOCAL OFFICIALS TO ACT FOR LOCAL JURISDICTIONS IN OBTAINING FUNDS FOR EMERGENCY SERVICES. (Lee Horner and Jean Tucker) RESOLUTION NO. 320-78 A RESOLUTION AUTHORIZING FEDERAL SURPLUS ACQUISITION (Lee Horner and Jean Tucker) Reso. - Design Review Committee A resolution was adopted approving Conflict of Interest Codes for the Design Review Committee. RESOLUTION NO. 32l-78 A RESOLUTION APPROVING CONFLICT OF INTEREST CODE FOR DESIGN REVIEW COMMITTEE Reso. - Traffic Signal Murrieta and Olivina Council adopted a resolution approving an agreement with TJKM for preparation of plans, specification and contract for a traffic signal system at Murrieta and Olivina Ave. RESOLUTION NO. 322-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (TJKM) Reso. re Horizons The contract with Alameda County providing funding to Horizons Youth Service Center was extended by resolution for five months ending November 30, 1978. RESOLUTION NO. 323-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (County of Alameda) Claims and Warrants There were 78 claims in the amount of $190,188.40 and 301 payroll warrants in the amount of $112,870.70, less Time Deposit in the amount of $300,000.00 for a total of $603,059.10, dated November 3, 1978 and approved by the City Manager. There were 79 claims in the amount of $344,734.01, dated ll/16/78 and approved by the City Manager. CONSENT CALENDAL APPROVAL ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE CONSENT CALENDARS OF THE AGENDAS OF 11/13/78 and 11/20/78 WERE APPROVED WITH THE EXCEPTION OF ITEMS 6.1 and 6.7 ON THE 11/13/78 AGENDA WHICH WERE ACTED ON PREVIOUSLY AND WITHDRAWN FROM THE CONSENT CALENDAR. CM-35-447 November 20, 1978 ADJOURNMENT The meeting was adjourned to an executive session by Mayor Turner at 11:30 p.m. APPROVE ATTEST - ~ -- ~' ~/ C1ty Clerk Livermore, California Regular Meeting of December 4, 1978 A regular meeting of the Livermore City Council was held on Monday, December 4, 1978, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by r1ayor Turner at 8:07 p.m. ROLL CALL Present: Cm Dahlbacka, Ebert, and Mayor Turner Absent: Cm Kamena, Staley (both seated just after roll call) PLEDGE OF ALLEGIANCE Mayor Turner led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. SPECIAL EVENTS (Cub Pack 950) Mayor Turner welcomed Boy Scout Cub Pack 950 to tonight's meeting. (Letter of Support) Mayor Turner commented on the unfortunate deaths of Mayor Moscone and Supervisor Milk in San Francisco. It was the consensus of the Council to send a letter of support to the new mayor, Mayor Fein- stein, and letters of sympathy to the Moscone and Milk families. MINUTES APPROVAL ~1/6 AND 11/13/78 ON MOTION OF CM KAMENA, SECONDED BY CM EBERT AND BY A VOTE OF 4-0, CM STALEY ABSTAINING BECAUSE OF ABSENCE, THE MINUTES OF NOVEMBER 6, 1978 WERE APPROVED. ON MOTION OF CM KAMENA, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE MINUTES OF NOVEMBER 13, 1978 WERE APPROVED. CH-35-448 December 4, 1978 OPEN FORUM (Buenas Vidas Ranch) Roger Johnson, 858 Keystone Way, representing Buenas Vidas Youth Ranch, asked for the Council's public support of Buenas Vidas Ranch and its service to the conununity and the county. He said that recent news articles speculating on possible sale of this county-owned facil- ity have weakened the ranch's position with its many supporters and possibly inhibited increased support from this community. lIe asked Council's support in the form of a recommendation to the Alameda County Board of Supervisors to extend the present 30 day lease agreement to five years with a five year option as has been recommended by the County Administrator. (City Jail Closure) Kay Parra, 819 Brennan Way, was in favor of closing the City jail. PUBLIC HEARING - DISTRICT ZONING ORDINANCE A}1ENDMENT This hearing was continued from the meeting of November 13, 1978 and relates to a proposed text amendment to the Zoning Ordinance regarding RS (Suburban Residential) District side and rear yard setbacks, floor area (site coverage) lot design (lot width in proportion to depth) . Paul Curtis, Zoning Administrator, gave a synopsis of the issues of the zoning ordinance amendment. He said the present regulations allow 25% floor area coverage, 35% after two years. Floor area is defined as all square footage within an enclosed area with three sides which includes the garage and second story. The staff recommendation was to provide 35% site coverage which includes the building and accessory buildings; it would not include the second story. The City Council referral back to the Commission on coverage was to use a 30% floor area with no increase after two years. He stated that the present reg- ulations exempt a 36 sq. ft. accessory building from the floor area coverage. The City Council's referral would increase that exemption to 63 sq. ft. The Planninq Commission voted to recommend to the City Council a 30% initial floor area coverage with 35% possible after two years and to allow a 63 Sq. ft. accessory building to remain exempt. Mr. Curtis stated that the present rear yard regulations are 25 feet minimum, 35 feet average and the staff recommendation was 25 feet min- imum. The Council referral was for 30 foot minimum and the Planning Commission recommended 25 ft. minimum with a 35 ft. average with a re- duction to 25 ft. minimum after two years. The side yard for a one- story structure on lots less than 10,000 sq. ft. is 10 ft. minimum on one side with a total of 24 feet. On lots greater than 10,000 sq. ft., the minimum is 12 ft. with a total of 30 ft. The staff recommendation was 8 ft. on one side and 12 ft. on the second side. The City Council recommended no change on side yards; the Planning Commission agrees. The present second-story regulations require an additional 5 ft. set- back for the second-story; the staff was recommending l2 ft. m1n1mumi the Council had requested that the Planning Commission review the pre- sent requirement. The Planning Commission is recommending no change. Mr. Curtis said that lot proportion varies under the present regula- tion; basically, the lot width increases with the lot depth increase. The staff was recommending that lot depth be a maximum of two times the lot width with the exception of cul-de-sac lots which would be 2~ times the lot width. The Council agreed with that recommendation and the Planning Commission recommends no change to the lot proportion. The RS-5 minimum lot size standards were referred back from the Council. The present regulations are 6000 sq. ft.; the staff recommendation is no change; the Council requested a 6500 sq. ft. minimum lot size; the Planning Commission recommends no change. In reply to a question by Cm Kamena, Mr. Curtis stated that the width of a cul-de-sac lot would be measured at the building setback line. CH-35-449 December 4, 1978 (Re P.H. - RS District) Jack Campbell, 730 William Drive, strongly urged that the Ordinance not be changed. Miriam Miller, 2862 Waverley Way, strongly recommended that the 25% floor area coverage requirement be kept. Roman Morkowski, 1987 De Vaca Way, supported no change in the ordinance. Virginia Loewe, 1072 xavier Way, reviewed a 1973 survey of 502 Livermore residents. She stated that 50% of the people interviewed indicated that they moved to Livermore because the best buys in housing were available here. She indicated that if larger houses were to be built on small lots, we won't have the best buys anymore, and congestion would develop. She added that 91% of the people interviewed liked the idea of ~ acre lots with open space between the lots. Cm Staley said there appeared to be considerable misunderstanding about the issue of larger houses on small lots. The proposal is not to allow larger houses than are currently allowed on lots in the Zone. He said the question is when are they going to be allowed, at the initial construction period or two years later. Les Edwards, 1616 DeLeon Way, opposed any change in the present ordin- ance. Jan Brice, 2705 Superior Dr., stated she was concerned with the stan- dard of living in Livermore and when you change the percentage of site coverage on a lot, she felt it changed or reduced the standard of liv- ing in Livermore. She pointed out that the majority of homes are not remodelled, and she opposed any change in the ordinance. Margaret Tracy, 1262 Madison, felt the present ordinance was working very well and did not support any change. Jim Hannon, 309 Pearl Drive, stated that he did not understand the reason for making the lot coverage change. Gil Stratton, 840 Seminole Dr., commented that the proliferation of mini-storage yards in Livermore indicated to him that Livermore was guilty of short-sighted planning. Al Duba, 341 Lincoln Ave., proposed changing the ordinance to allow 20% coverage. Gloria Taylor, 1356 South Livermore Ave., said she worked on the RS Ordinance and doesn't want to see it changed. She was concerned that a new Housing Committee had been appointed to study the costs of low and moderate-cost housing and yet if this ordinance is amended, the cost of the houses built in the RS District will rise. Caroline Alexander, 338 Scott St., felt that a larger house with its higher price would exclude many buyers from the market. Earl Mason, 1245 Glenwood Dr., noted that the suggested changes would reduce the cost to the homebuyer. If a buyer needs a four bedroom house of 1500 to 1600 sq. ft. and could buy that house on a 7000 sq. ft. lot instead of having to have a 9500 sq. ft. lot, his total cost will be lower, he felt. (The rest of Mr. Mason's comments are inaudible). Richard Borg, 4681 Almond Circle, commented that the price of prop- erty to be developed is set by what can be built on it or what can be done with it according to how it is zoned. Howard Storms, 1165 Glenwood St., supported the current RS Ordinance. CM-35-450 December 4, 1978 (Re P.H. - RS District) Carol Myers, 322 Anna Maria St., asked how the population projection figures and the resultant services to be provided would be affected if the allowable lot coverage was to be increased. Hugh Ellsaesser, 4293 Standord Way, commented that government regula- tions affect not only builders and developers, they affect buyers and individual builders also. He added that many people seem to be willing to put themselves out to represent their own selfish interests but very rarely do they volunteer to go out of their way on behalf of the general welfare. He reminded the Council that they have a duty to the voters of Livermore as their lobbyists to represent their interests, and not sacrifice them to other lobbyists who come before the Council. Mr. Ellsaesser noted that the comments made at tonight's meeting appeared to him to favor larger lots. He had difficulty, he stated, understanding how keeping the present ordinance would allow lower income families an opportunity to purchase a home. Kay Parra, 819 Brennan Way, asked who profits from the proposed change in the RS Ordinance. Mayor Turner answered that hopefully the consumer would be the one to profit. John Stein, 1334 Kathy Ct., felt that it was financially less expensive to add on to one's home than to purchase a new home when a family's need for space increases. David Eller, 3797 Oregon Way, indicated that in the Jensen Tract area, he felt larger lots would have allowed many of the original homebuyers to remain instead of having to move when there needs increased. Don Miller, 2862 Waverley Way, stated that the proposed increase in floor area coverage amounted to a 20% increase. He added that the RS Zone allows a certain number of lots, the number and average size of those lots is fixed by the Zone so that the space that's available in those lots is determined before any houses are built. He felt that the RS Ordinance gave people the freedom of choice. ON MOTION OF CM EBERT, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE THE PUBLIC HEARING WAS CLOSED. Cm Dahlbacka felt that the intent of the Council was. the part of the people who cern that he shared. people who testified did not know what the He added that he had sensed a concern on testified for entry-level housing, a con- Cm Staley commented that he had reviewed the RS Ordinance in its en- tirety and felt that he could say that he understood it. He said that he approached it with the concept that he wanted to understand what it was and why it worked; he wanted to look at the areas where there were alleged problems; and he wanted to analyze it to see if there was a way to make it of more benefit to the community. He continued that the RS Ordinance is a concept of relationship between lot size "and lot coverage. He felt that the current issue is whether the ordinance is working now and if it isn't, how to improve it to benefit the greatest number of people in the community. Cm Kamena asked if there was any sentiment on the Council to return the item regarding townhouse site coverage to the Planning Commission for further study. Cm Dahlbacka supported Cm Kamena. Mayor Turner questioned whether the RS-4 is beneficial to buyers looking for a home to buy. People from Livermore, he said, are moving to places like Tracy and Manteca because they can buy a house for $42,000 to $46,000 there. In Livermore an entry-level house on a 6000 to 6500 sq. ft. lot costs in excess of $60,000. He said maybe the Council has a responsibility to discover another type of ordinance or an addition to the RS Ordinance that would allow us to build a home for $40,000 to $50,000. He added that he wasn't sure the RS Ordinance as it stands allows an etnry-level home to be built. CH-35-45l December 4, 1978 (Re P.H. - RS District) Cm Kamena asked if Council was willing before any amendment to the ordinance is made, to refer it again for further amplification to the Planning Commission. Cm Staley said he had no objections to the Planning commission studying those items which have not been addressed or even those that have if new arguments have been made, but with regard to what he considered the main thrust of the arguments that have come up in the last few weeks regarding lot coverage, setback, etc., he did not feel this was necessary. Cm Dahlbacka indicated that his figures showed that only about 50% of Livermore families could afford to buy a $60,000 home. Mayor Turner did not feel those figures were accurate. He added that many small homes in Livermore, entry-level homes, were rentals and not available to families looking for entry-level housing. Cm Kamena said that he had concluded that some amendment to the RS Ordinance is in order, amendments specifically designed to benefit the general citizenry of this community. The amendments he wished to propose, he stated, compliment the RS philosophy and are in re- sponse to the following concerns which he had found to be in common to every group of citizens with whom he had spoken or corresponded: l) citizens want not to exclude the entry-level buyer or consumer in the smallest zoning district by priceing them out of the marketplace, 2) entry-level buyers in any zoning district want to be able to finance one major loan over the longest debt period available with the least amount of front end cash expenditure possible, 3) citizens desire some capability to alter or expand their house when necessary without moving to another home, 4) residents desire adequate side yard access and ade- quate back yard space for their needs. CM KAMENA MOVED THAT IN REGARD TO SECTION 5.43: MAXIMUM DEVELOPABLE FLOOR AREA; THAT THE RS-5 ZONE IS EXCEPTED SO THAT MAXIMUM FLOOR AREA IS 25% UNTIL 1 YEAR FROM FINAL INSPECTION. AT THAT TIME LOTS IN THE RS-5 ZONE MAY INCREASE FLOOR AREA TO 30% IF NOT IN VIOLATION OF SETBACK REQUIREMENTS. Seconded by Cm Ebert. Cm Kamena commented that he felt that more than 30% coverage on a RS-5 lot would violate the privacy of the individual neighbors in the area and would not leave enough open space around the house. He added that the amendment would not exclude the entry-level buyer. Cm Dahlbacka said he could support the motion. He commented that the expandability factor would allow a family to add on another room of 300 sq. ft. Cm Kamena noted that it would be inconsistent to simply theoretically place on the Ordinance, an RS-5 zone with certain constraints and hope that it would be built. If this amendment passes, he hoped to make a referral later to the Planning Commission so that they would con- sider this kind of thing as an incentive to get RS-5 built. He felt that if an architect is willing to build in, in the design phase, an expansion characteristic, so that the house would lend itself well to expansion and is willing also to build RS-5, then Cm Kamena would hope to propose that extra points in the Residential Development Plan be given as an incentive so that the amendment is not just empty words. Cm Staley agreed that the 25% coverage undeniably allows people to enter the market that a flat 30% would not. But he felt lot size was of secondary importance to buyers at that level, that they would accept 50% coverage if they could afford the house because what they .eed most for their families is space inside, that space outside is a luxury. He felt it was the community in general which has supported a regulation of house size to lot. He supported the argument that the lowest possible costs must be maintained for the entry-level buyer. CM-35-452 December 4, 1978 (Re P.H. - RS District) Mayor Turner stated that his main concern was with the 35% coverage within two years which he felt was restrictive because the majority of homeowners simply cannot afford the cost of an addition to the home. He felt the addition of a second story was not fair to the neighboring homeowners. He added that in his opinion the consumer dictated the market, not the developer. He commented that he was not totally pleased with Cm Kamena's amendment of 30%, but thought it allowed flexibility and considered the entry-level buyer. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. CM KAMENA MOVED TO FURTHER AMEND SECTION 5.43: ~~XIMUM DEVELOPABLE FLOOR AREA; AMEND TO PERMIT 30% FLOOR AREA COVERAGE IN RS-.25 THROUGH RS-4. SECOND BY CM EBERT. Cm Dahlbacka said he considered the reduction to 30% as an expand- ability feature to be desirable in the RS5 and would like to see the same philosophy carried through where there's the current 25% buildout and the allowance of the construction of 30% at a later time continued throughout. Cm Kamena indicated that he felt 30% maximum coverage was desirable, rather than 25%, except in the RS-5 Zone. Looking through building records in this city, he found that, in RS-2, RS-3 and RS-4, there is not an automatic buildout of maximum floor area coverage, the average being around 22.5% to 26.3+% so this amendment would not automatically exclude expansion. Cm Staley commented that the house coverage will allow, at 30%, in most of the zones under consideration, a larger house than is currently being built in Livermore. Cm Dahlbacka felt that maintaining 25% with expandability to 30% was still a desirable feature in the RS-4 zone. He MOVED TO AMEND THE MOTION TO MAKE IT 25%, EXPANDABLE TO 30% AFTER A YEAR. MOTION DIED FOR LACK OF A SECOND. Don Miller, 2862 Waverley Way, stated that the RS-4 is the real issue, where all the problems are going to arise. He commented that Cm Dahlbacka's compromise would protect the buyer at the RS-4 level and would keep the costs down. He said that the RS Ordinance was designed to prevent the largest house possible from being put on a small lot. And he felt that the citizens of Livermore supported the RS Ordinance as ~t was written. Cm Ebert stated that he felt that most of the speakers at the public hearing were not representative of the majority of the citizens of Livermore. In his opinion most of the speakers were from the educated, affluent segment of the marketplace and could afford the economic impact of restrictive regulations. He felt the public would benefit if the amendment was adopted and he was willing to compromise and support it. In response to an inquiry, Cm Kamena stated there is precedence, at present, in the RS Ordinance for separating the RS-5 category into another section; it is treated differently from RS-.25 through RS-4 in the present ordinance. Jan Brice, 2705 Superior Dr., stated that she still did not understand why changing the site coverage from 25% to 30% was in the best inter- ests of the citizenry. Roman Morkowski, 1987 DeVaca Way, stated that the term "entry-level" should be clarified. Cm Dahlbacka said he was going to vote against the amendment because held like to see a continuation of variety provided in the various zones in the city. CM-35-453 December 4, 1978 (Re P.H. - RS District) Earl Mason, 1245 Glenwood, commented that if the 30% maximum is adopted, it will allow entry-level families who cannot afford the larger lots, to buy a little larger house. He added that, contrary to earlier statements, there is variety at all levels in the RS Zones. THE MOTION ON THE FLOOR WAS VOTED ON AND PASSED 4-1, CM DAHLBACKA DISSENTING. CM KAMENA MOVED IN REGARD TO SECTION 5.42 - b (rear yard) TO AMEND TO READ: 1. RS-.25 THROUGH RS-5: MINIMUM OF 30 FEET. 2. RS-5 REAR YARD MAY BE REDUCED TO 25 FEET MINIMUM ONE YEAR FROM THE DATE OF FINAL INSPECTION BY THE CITY BUILDING DEPARTMENT; AND TO DELETE ALL REFERENCES TO AVERAGING FOR REAR YARDS. ITEM 5 OF 5.42 - c TO READ: SIDE YARD SHALL BE INCREASED 5 FEET PER YARD WITH THE ADDITION OF EACH STORY ABOVE THE FIRST. SECONDED BY CM STALEY. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. CM KAMENA MOVED IN REGARD TO SECTION 5.44: FLOOR AREA DEFINED: TO AMEND THE DEFINITION SO THAT THE PRESENT EXCLUSION FOR ACCESSORY BUILDINGS READS 64 SQUARE FEET INSTEAD OF 36 SQUARE FEET; SECONDED BY CM DAHLBACKA. MOTION PASSED UNANIMOUSLY. CM KAMENA MOVED, REGARDING SECTION 5.32, TO ACCEPT THE PLANNING COMMISSION'S TABLE WITH THE UNDERSTANDING THAT IN CUL-DE-SAC LOTS THE WIDTH DEFINITION IS THAT LINE GENERATED BY CONNECTING THE MID- POINT OF ONE LOT LINE DEPTH TO THE MIDPOINT OF THE OPPOSING LOT LINE DEPTH; SECONDED BY CM STALEY. MOTION PASSED UNANIMOUSLY. Mayor Turner suggested that in the near future, an agenda item be set for the discussion of items to be referred to the Planning Commission, in reference to the RS Zoning. Council agreed. An ordinance will be prepared and brought back to Council for adoption. RECESS Mayor Turner called for a brief recess, after which the Council meeting resumed with all members of the Council present. COMMUNICATION RE AIR QUALITY 11ANAGEMENT PLAN A communication was received from Senator Richardson in regard to the Air Quality Management Plan containing questions he feels should be answered prior to adoption of the Plan. ON MOTION OF CM EBERT, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE COMMUNICATION FROM SENATOR RICHARDSON WAS REFERRED TO STAFF FOR RESPONSE. RE SMOKE ALARMS IN NEW CONSTRUCTION A communication was received from Roger Everett in reference to the installation of smoke alarms in all new residential construction. ON MOTION OF CM KAMENA, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, IT WAS REFERRED TO STAFF FOR RESPONSE. RE NEED FOR NEW SCHOOL FACILITIES The Board of Education submitted their Resolution No. 15-78/79 re- garding the need for school facilities resulting from new house con- struction. They asked that the City Council recognize the problem the School District faces and suggested that City and School District staff meet to seek alternative to the problem. It was the consensus of Council to set the meeting for the subcommittees and invite the balance of the Council and Board to attend. CM-35-454 December 4, 1978 (Re Need for New School Facilities) Gail Sidhu, School Board member, read the School Board's Resolution No. 15-78/79 regarding the need for school facilities resulting from new house construction in the city. It stated that an in-depth study indicated the need for at least one elementary school by 1982/83, one high school by 1986, with the likelihood of four more elementary and one intermediate school being required before the year 2000. It was requested that a copy of the resolution, along with the School Dis- trict's indepth study of school house needs through the year 2000, be attached, as an amendment, to the EIR report for the City's General Plan. Gary Reiners, City Attorney, recommended that, since the final EIR has been adopted, this document not be appended to it. He thought the School District did have a response to the draft included in the final which had substantially the same comments included in the resolution. APPEAL RE PROPOSED ZONE CHANGE - HILTON MINTZ Council considered a report regarding an appeal submitted by Milton Mintz concerning a proposed zoning change from OS-DR to CS District on property located southwesterly of 1-580 at First St. The Planning commission had considered the subject and recommended "no change" in zoning of the area. ON MOTION OF CM KAMENA, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE APPEAL BY MILTON MINTZ WAS SET FOR PUBLIC HEARING ON 12/18/78. RESO. RE FIRST STREET RELOCATION - CALTRANS A report from the Public Works Department recommended approval of a second modified cooperative agreement with CALTRANS for the design and construction of the roadway portion of the relocated First Street between Maple and Scott Streets. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, A RESOLUTION WAS ADOPTED AUTHORIZING THE AGREEMENT. RESOLUTION NO. 325-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (State of California, Department of Transportation) RE MEMORANDUM OF UNDER- STANDING, MANAGEMENT AND CONFIDENTIAL RECOMMENDA- TIONS Council discussed the Mid-Management Memorandum of Understanding which has been agreed to by members of the Mid-Management Association and the City's Management Negotiating Team. The MOU recognizes the appli- cation of the pre-existing Merit Pay Plan according to the guidelines established for the plan in 1977. The MOU also covers various fringe benefit adjustments. The City Manager's Office is recommending that the provisions of the Mid-Management MOU be applied to all management and confidential employees. No cost-of-living increases are being recommended. A resolution setting wages was adopted after the execu- tive session of November 20, 1978. RESOLUTION NO. 324-78 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 NUMBERS 158-78 AND 218-78. CM-35-455 December 4, 1978 (Re MOU, Management and Confidential Recommendations) Cm Staley said he did not concur with the majority of the Council's approval of a leave pOlicy for the City Attorney. He did not see it included in the MOU and asked how it was being handled. Lee Horner, City Manager, stated that leave policy is handled through administrative regulations, in terms of how it is administered. It would be reflected in interoffice regulations that are adopted by the Manager's office. Gary Reiners, City Attorney, indicated that it was left off as an addendum to the vote on the resolution and it will be added as an addendum under the results of the vote that Cm Staley had a negative position on that particular article of the resolution. ON MOTION OF CM DAHLBACKA, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE THE MEMORANDUM OF UNDERSTANDING AND THE RESOLUTION SETTING SALARIES WAS RATIFIED. TENT. P.M. NO. 2713 C. J. AND P. BROWN A report was received from the Planning Commission regarding Tenta- tive Parcel Map No. 2713, C. J. and P. Brown, in reference to property on the northeast corner of Linden and No. "0" Streets. The Planning Com- mission recommended that the Council adopt a resolution approving Tent- ative Parcel Map No. 2713, based on the findings and subject to the conditions indicated in Planning Commission Resolution No. 104-78. CM KAMENA MOVED TO ADOPT THE PLANNING COMMISSION'S RECOMMENDATIONS, SECONDED BY CM STALEY. MOTION PASSED UNANIMOUSLY. A resolution will be prepared and returned to Council for Consent Calendar action on December 11, 1978. RE CUP - CATALINA CT. R. L. CLARK Staff submitted a report on a Conditional Use Permit for R. L. Clark, to expand an existing instant printing/duplicating business at 1528/ 1532 Catalina Ct. The Planning Commission recommended that Council adopt a resolution, approving the expansion, subject to conditions indicated in P. C. Resolution No. 100-78. CM KAMENA MOVED TO ADOPT THE PLANNING COMMISSION'S RECOMMENDATIONS, SECONDED BY CM EBERT. Cm Dahlbacka thought there were some conditions that were applied in 1976 and asked if those conditions were all being met. Paul Curtis, Zoning Administrator, stated that both staff and the Planning Commission are comfortable with the current conditions. Cm Dahlbacka commented that he was willing to vote on it on the basis of their approval, but added that he would like to see a comparison of the 1976 conditions and the current ones. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. RE PROPOSED GENERAL PLAN AMENDMENT The proposed General Plan Amendment is in regard to 1) Land Use Change to Low Intensity Industrial, Open Space and Commercial south of 1-580 at No. Livermore Avenue interchange; and 2) "Gross" acre definition, p. 139 of General Plan. ON MOTION OF CM KAMENA, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE GENERAL PLAN AMENDMENT WAS SET FOR PUBLIC HEARING ON DEC. 18, 1978. CM-35-456 December 4, 1978 RE JOBS FOR TEENS PROGRAM The Social Concerns Committee is requesting an amount of $200 to pay the monthly telephone bill for the 455HIRE line at the Employment Development Department for the Jobs for Teen Program. This program was initiated by the City and the City Manager is recornmmending that it be granted $200 in support of its telephone expense. ON MOTION OF CM EBERT, SECONDED BY CM KAMENA, AND BY A VOTE OF 4-0, CM STALEY ABSTAINING, TIlE CITY ~iANAGER'S RECOMMENDATION WAS ADOPTED. It was the consensus of the Council to send a letter to the Employment Development Department requesting their participation in this effort. PLAN. COHo MEETINGS A summary of action of the Planning commission meeting of 11/21/78 and the minutes of the planning Commission meetings of 11/7 and 11/14 were submitted for informational purposes. RESO. RE NOTICE OF CURB, GUTTER & SIDEWALK - HILLCREST AVE. ON HOTION OF CM STALEY, SECONDED BY CM KAHENA AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED A RESOLUTION DIRECTING THE SUPERINTENDENT OF STREETS TO PROCEED TO GIVE NOTICE OF CURB, GUTTER, SIDEWALK, AND PAVE- HE NT CmJSTRUCTION AT 622 AND 652 HILLCREST AVENUE. RESOLUTION NO. 326-78 RESOLUTION OF INSTRUCTIONS DIRECTING THE SUPERINTENDENT OF STREETS TO PROCEED TO GIVE NOTICE OF CURB, GUTTER, SIDEvlALI<S AND/OR PAVEr-mNT CONS",RUCTION. CONSENT CALENDAR Departmental Reports The following departmental reports were submitted for informational purposes. Building Inspection Department - October Fire Department - July/September Municipal Court - October Reso. Rejecting Claim The Council adopted a resolution rejecting the claim of Michael Wayne Clark. RESOLUTION NO. 327-78 A RESOLUTION REJECTING THE CLAIM OF MICHAEL WAYNE CLARK Resos. Reflecting Prior Council Action Council adopted a resolution granting an appeal and approving a variance for Lloyds Bank. RESOLUTION NO. 328-78 A RESOLUTION GRANTING AN APPEAL AND APPROVING VARIANCE (Lloyds Bank) (Mayor Turner abstaining) CH-35-457 December 4, 1978 (Resos. Reflecting Prior Council Action) The Council adopted a resolution granting a CUP to Texaco, Inc, 930 Springtown Blvd. RESOLUTION NO. 329-78 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT (Texaco, Inc.) Council adopted a resolution approving Tentative Parcel Map 2761, Chuck Dunn. RESOLUTION NO. 330-78 A RESOLUTION APPROVING TENTATIVE PARCEL MAP NO. 2761 (Chuck Dunn) The Council adopted a resolution approving Tentative Parcel Map 2740, Myron J. and Doris Ward. RESOLUTION NO. 331-78 A RESOLUTION APPROVING TENTATIVE PARCEL MAP NO. 2740 (Myron J. and Doris Ward) Reso. re Interfaith Housing The Council adopted a resolution authorizing execution of agreement between the City of Livermore and Interfaith Housing for HCD funds in the amount of $3,370. RESOLUTION NO. 332-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Interfaith Housing) Call for Bids - Railroad Ave. Median Irrigation Project The Engineering staff has prepared plans and specifications for irrigation facilities for the Railroad Avenue medians. This will complete the project except for the planting, which will be done by the Parks and Trees Department. The Council authorized the staff to call for bids on the irrigation facilities. Reso. re Bedford Plaza The Council adopted a resolution approving a PUD and CUP and Tenta- tive Tract No. 4108 for Bedford Plaza. This matter had been decided upon by the Council at their meeting of October 23, 1978, and was subsequently requested for postponement by the applicant. RESOLUTION NO. 333-78 A RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT PERMIT, CONDITIONAL USE PERMIT AND TENTATIVE TRACT MAP 4108. (Bedford Plaza) Claims and Warrants There were 125 claims in the amount of $287,615.34, and 307 payroll warrants (11/22/78) in the amount of $113,066.36, and 299 payroll warrants (11/10/78) in the amount of $108,407.54, less a Treasury Bill in the amount of $195,725.00, dated November 30, 1978 and approved by the City Manager. CM-35-458 December 4, 1978 CONSENT CALENDAR APPROVAL ON MOTION OF CM KN1ENA, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, \UTH THE EXCEPTION OF ITEM 6.3 ON l'lliICH l-iAYOR TURNER ABSTAINED, THE CONSENT CALENDAR WAS APPROVED. MATTERS INITIATED BY COUNCILMEMBERS (Golf Course and Police Dept. Signs) Cm Ebert asked about the possibility of a freeway sign being erected directing the public to the Las positas Municipal Golf Course. Dan Lee stated that he wrote a letter to CALTRANS requesting a sign on the right-of-way which they rejected. He added that he has a proposal which will be presented to Council shortly regarding a sign adjacent to the freeway. Cm Ebert asked about the possibility of signs directing the public to the Livermore Police Department. Mr. Lee stated that he made a report on that a few months ago. The cost of a sign to be erected on the building would have cost $500 and there were no funds available at that time. He agreed that small signs sim- ilar to street signs could be erected with no problem. MEETING EXTENSION ON MOTION OF CM DAHLBACKA, SECONDED BY ~iAYOR TURNER AND BY UNANIMOUS VOTE THE MEETING WAS CONTINUED PAST 11:30 P.M. TO TAKE CARE OF RE- ~iAINING BUSINESS. ~~TTERS INITIATED BY STAFF AND COUNCILMEMBERS Mr. Reiners requested an executive session following tonight's meeting for the discussion of litigation. Mayor Turner said a suggestion had been made to establish an advisory committee to handle the Ravenswood Project. It was the consensus of the Council to discuss the matter with the LARPD. It was the consensus of Council to send a letter to the Planning Com- mission recognizing their efforts on the RDP. Mayor Turner reported that parents of Granade High School students had complained about a bike trail that was consistently flooded. Mr. Lee will check into it and find out what it will cost to make the improvements. ~layor Turner commented on the Citizens Protection League letter of November 13, 1978. He stated the letter was an inflammatory letter filled with half-truths and distortions. He felt the League's title was disturbing in that there was no mandate from the citizens. lIe said that the impact of the letter was that the City government is doing an exceptionally bad job which he did not agree with. In reply to an inquiry by Cm Staley, Mr. Reiners commented that the Brown Act does not penalize divulging by a Councilmember of anything discussed in executive session. It does prohibit the divulging of confidential minutes made at an executive session by the City Clerk. Those minutes become confidential public records and disclosure of any part of them is a misdemeanor by the statute. CM-35-459 December 4, 1978 INTRO. OF ORDINANCE RE OS-UR DISTRICT ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE AN ORDINANCE RELATIVE TO A ZONING ORDINANCE AMENDMENT REGARDING OS-UR DISTRICT, REQUIRED CONDITIONS: ACTION - ZONING ADMINISTRATOR; CONDITIONAL USE PERMITS, ACTION THEREON, WAS INTRODUCED AND READ BY TITLE ONLY. ORDINANCE RE CN DISTRICT Item 8.2 regarding a Zoning Ordinance amendment relating to CN District, Uses Permitted-Specific was deleted from the agenda and was continued to the Dec. 18 meeting. INTRO. OF ORDINANCE RE REZONING OF BIBLE COLLEGE SITE ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, A ZONING ORDINANCE AMENDMENT REGARDING REZONING OF THE AREA GENERALLY KNO~VN AS THE BIBLE COLLEGE SITE, SOUTH OF COLLEGE AVENUE, WEST OF SOUTH "L" ST., WAS INTRODUCED AND READ BY TITLE ONLY. INTRO.OF ORD. RE PD 16 DISTRICT (ANDERSON PROPERTY) ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE AN ORDINANCE RELATIVE TO A ZONING ORDINANCE AMENDMENT REGARDING THE PD 16 DISTRICT (ANDERSON PROPERTY), WAS INTRODUCED AND READ BY TITLE ONLY. INTRO. OF ORD. RE I-R DISTRICT ADDITION ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE AN ORDINANCE RELATIVE TO A ZONING ORDINANCE AMENDMENT REGARDING I-R DISTRICT ADDITION, WAS INTRODUCED AND READ BY TITLE ONLY. ORD. RE REZONING TO RG-16 DISTRICT - COLLEGE AVE. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY A VOTE OF 4-0, CM DAHLBACKA ABSTAINING, AN ORDINANCE RELATIVE TO A ZONING ORDINANCE AMENDMENT TO REFLECT REZONING TO RG-16 DISTRICT PROPERTY SOUTH OF COLLEGE AVE., WAS ADOPTED. ADJOURNMENT There being no further business before the Council, the meeting was adjourned to an executive session for the discussion of litigation at 11:45 p.m. APPROVE ATTEST oJ~~~ Cl.ty Clerk iiivermore, California CM-35-460 ReguJar Heeting of December ll, 1978 A regular meeting of the Livermore City Council was held on Monday, December ll, 1978, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was callen to order by Mayor Turner at 8:05 p.m. ROLL CALL Present: Absent: Cm Dahlbacka, Ebert, Staley and Mayor Turner Cm Kamena (excused - illness) PLEDGE OF ALLEGIANCE Mayor Turner led the Councilmembers as well as those present in the audience in the Pledge of Allegiance. MINUTES - 11/20/78 ON MOTION OF CM EBERT, SECONDED BY CM DAHLBACKA, AND BY UNANHlOUS VOTE THE MINUTES OF THE REGULAR MEETING OF Nova.mER 20, 1978, WERE APPROVED. OPEN FORUM Steve Riggle, 1170 Bluebell Dr., read a letter of thanks from his wife, Becky, and himself stating their aporeciation of the support and concern shown by Livermore citizens during their recent hospital- ization in the Philippines. Lee Horner, City Manager, stated that a group of Livermore High School students and their faculty advisor were present this evening to ask the City's help in resolving problems in the area surrounding the High School. He said the students had met with city staff this morning to discuss some of the problems. Kathie Warren and Linda Harshharger, representing the student group, stated that the police chief has been receiving complaints from citi- zens in the area of School St. because of garbage, speeding vehicles, and the loitering of students in front of their residences. Some gar- bage cans have been placed in the area and the students are requesting speed bumps on School St. to slow the traffic and benches on the side- walks to solve the loiterinq problem. The students need City per- mission to place henches on the sidewalk, which is City property. ~1r. Horner commented that the school is willing to share in the cost of a couple of sturdy benches to be placed in the area. With regard to the traffic problem on Fifth near Church St., }1r. Lee has suggested placing reflectorized dots on both Fifth and Church St. to divide the street into lanes. Reflectorized dots might also be used to attempt to slow down traffic on School St. Mr. Horner also indicated that a street sweeper might he of help in handling the garbage problem on School St. It was the consensus of the Council to accept Mr. Horner's and the staff's recommendations and evaluate, at a later date, the measures taken to see if they were sufficient to solve the problems. RESOLUTION OF THANKS - FROM HENTALLY RETARDED The Council received a resolution of thanks from the Alameda County Association for the Mentally Retarded for the Council's support during the past year. It was noted for filing. REVIEW OF CONTAINER DEPOSIT LEGISLATION The Alameda County Planning Department asked for a response from Council in regard to Council's position on container deposit legis- lation. C!'-1 STALEY HOVED TO SUPPORT COUNCIL I S PREVIOUS POSITION AND REl\FFIRM SUPPORT FOR THE BOTTLE BILL, SECONDED BY C!,1 DAHLBACKA. MOTION PASSED 3-1, CM EBERT DISSE~TING. CM-35-461 December 11, 1978 CITY ~1ANAGER'S REPORT Mr. Horner introduced Winnie Rambo, the new Director of the Multi- Service Center. The Center is now open and an Open House will be held in the near future. In response to inquiries, Mr. Horner indicated he would check on Cm Staley's reappointment to the East Bay division of the Transpor- tation Policy Committee and Cm Dahlbacka's reappointment to the Environmental Quality Committee. APPEAL OF DENIAL OF GENERAL PLAN AMENDMENT - KAY BLDG. Discussion continued on the request of Kay Building Co. of their appeal from the Planning Commission's denial of a General Plan amendment request. The area is question is in the vicinity of East Ave. and Charlotte Way. Gary Reiners, City Attorney, stated that essentially the denial cannot be appealed. The item should be considered a request of the developer for Council referral to the Planning Commission for a General Plan amendment. If the Council decides that it wants to discuss an amend- ment to the General Plan, it has the right to refer the matter to the Planning Commission with a request that the Planning Commission pre- pare a report for Council discussion. Howard Nies, Planning Director, indicated that the Planning Commis- sion's denial was based on three issues: 1. the proposed density defeats the purpose of maintaining an overall density, 2. the density is contrary to the promises made to the residents in the area. 3. the area is large enough to establish its own identity as a single-family area. The Rhonewood Homeowners Association also expressed concern with traffic and schools and were opposed to a General Plan amendment. CM: EBERT MOVED TO REFER THE MATTER. TO THE PLANNING COMMISSIm~ AND ASK FOR A REPORT, SECONDED BY MAYOR TURNER. Mayor Turner stated that he was going to support the Planning Com- mission's findings and not be aqreeable to a rehearing on this item. Cm Staley felt the matter had already had a fair hearing and he agreed with the Planning Commission's unanimous denial. Mike Farley, Kay Building Co., asked why an applicant-initiated item is in a special category where it is automatically denied the right of appeal. Mr. Reiners replied that the problem is one of terminology. The use of the term "appeal" is inappropriately used in that this is not an appeal. This is, he stated, a request for Council action. Mr. Farley stated that Kay Building Co. felt that their proposal had great merit but if it is turned down, the Company would build in accordance with the General Plan. He continued that Kay Building Co.ls proposal was a zero lotline development of single-family homes over the entire 18 acre parcel which would sell in the $50,000 range. He indicated that most moderate income housing proposals that the City is considering, are multi-family structures to achieve the cost savings necessary to be able to market the units in that price category, and he felt the single family concept was more advantageous. A letter from the School District indicated that there would be no significant im- pact on the schools in the area. Regarding the traffic problem, he noted that Kay Building would put in a $50,000 traffic signal at the corner of Charlotte Way and East Avenue to mitigate the problem. ~1ayor Turner said that he didn't remember the application being the way Mr. Farley had presented it toniqht. CM-35-462 December ll, 1978 (Re Appeal of Denial of G.P. Amendment) Mr. Farley indicated that the application was just for a change in the General Plan, and there was no request in that particular appli- cation for this particular project of single-family units at 8 per acre. Mayor Turner said it was his understanding that it was mult pIe attached units, 8 to 18 units per acre. He indicated that he felt that single-family detached units with a signal light included was an entirely different proposal. In reply to a question by Cm Staley, Mr. Nies indicated that this is the kind of proposal that could be done under a PD, but it would have to conform to the General Plan. Cm Staley indicated that he was willing to go along with a new hearing for Kay Building Co. Fred Spaeth, 5484 Cleo Ct., Member of the Board of Directors of the Rhonewood Homeowners Association, stated that the Association had gone on record as being against a change in the General Plan. He felt a lot of time and thought had gone into the General Plan and it should not be continuously amended. The Association is also against any increase in the density in the Rhonewood area. Don Miller, 2862 Waverley Way, stated that the density in the area has consistently increased since 1969 and this is another attempt to increase the density again over the opposition of the homeowners in the area. MOTION VOTED ON AND PASSED 4-0 TO REFER THE HATTER BACK TO THE PLANNING COMHISSION. REPORT RE '\lATER RECLAHATION PLANT The Council had requested a report from the Public '~orks Director on the capacity status at the Water Reclamation Plant. r1r. Lee's report indicates that the present Average Daily Dry Weather Flow is estimated to be 4.52 ~lGD which is close to the estimated post-drought rate of 4.4 MGD. If 50% of the capacity is reserved for commercial and indus- trial connections there would be a capacity for 856 residential units. 'Ir. Lee commented that 348 units were allocated for 1978, and the an- ticipated figure for 1979 is 355, which leaves 153 residential units for 1980. He added that it's really too far ahead to project and that figure is not a dependable one; a new analysis will be needed in 6-8 months. Questioned by Cm Staley, Hr. Lee stated that the plant is rated in Average Daily Dry \'leather Flow because during the Het Heather Flow you would get an infi 1 tration that lvould raise the flow. The Plant's present hydraulic capacity can handle the additional flow easily and the biological loading would remain the same. He added the solids handling portion of the plant is capable of handling 5 MGD. If the estimation of the plant's capacity was in error, chemicals would have to be added to prevent an odor problem. In reply to an inquiry, he stated that the suspended solids violations, some time ago, were due to a malfunction in the equipment itself and added that a reserve capa- city is not really necessary for maintenance and repair of equipment. Cm Staley questioned what the certainty was of the City getting the next two phases of the State \'later Quality Control Grant. Mr. Lee replied that the money is available and the Grant is almost automatic barring Federal complications. We are currently awaiting project approval and should hear by Jan. 1, 1979, he added. CM-35-463 December 11, 1978 (Re Report - Water Reclamation Plant) Mayor Turner asked how often reports are submitted to the Regional Water Quality Control Board. ~lr. Lee replied that they are sent in on a monthly basis. John Stein, 1334 Kathy Ct., presented a detailed study of the sewage history and dry month Average Sewage Flow, which differed somewhat from Mr. Lee's figures. It indicated that the available Sewage Capacity in Dec., 1978 was .135 MGD for Industrial and Commercial, .065 MGD for Low/ Moderate Income Housing, with higher priced housing already .18 over allocated. Cm Staley pointed out a typographical error in Mr. Lee's report. Under "Plant Expansion Schedule", the staff projection on awarding of the contract should read "Nov. 1979." Clarence Hoenig, 588 Tyler, suggested that if there's a margin of error in the report, the Council take the "minus" on that report and work at that level so as not to exceed the 5MGD capacity. He felt the Plant was right at the brink of full capacity at the present time. Jim Day, 745 Cardinal Dr., mentioned that he did occasionally notice an odor near the Plant, his home being in the vicinity. lIe supported Mr. Hoenig's comments. David Eller, 3797 Oregon Way, supported the approval of commercial allocations instead of residential allocations. Cm Dahlbacka mentioned that he felt that there had been two different methods used for calculating the capacity of the Plant. He expressed his concern with the increase from 4.1 to 4.5 MGD in one year, Average Dry Weather Flow. Any similar increase in the future would certainly jeopardize commercial and industrial growth in the City. Cm Staley commented that after a week of study on his part, he still had questions which remained unanswered such as the extent of the bounce- back. If any of the projections are in error, the commercial and in- dustrial capacity would be lost, he felt. This would affect the two restaurants which are soon to be built and the SP development sched- uled for next year. If the Water Quality Control Grant is held up, it would have serious consequences in the community. He also ques- tioned the actual capacity of the Plant, and felt that question needed further study, especially the capacity of each of the subsystems at the Plant. He thought that the Council needed to know what the effects are going to be of the housing that has already been approved and the commercial/industrial which is waiting to go on the line. He said he would like to see the Council reconsider its 1979 housing allocation, and withhold any further action on them until March or April, during which time the questions regarding the Plant can be answered. He hoped the capacity was th~re, but felt the penalties for not having it were too severe to risk. CM STALEY MOVED TO WITHHOLD ANY HOUSING ALLOCATION UNTIL MARCH, 1979, ~IEN THE FOLLOWING INFORMATION WILL BE AVAILABLE: 1. THE DEGREE OF BOUNCE-BACK IN THE TREATMENT PLANT BASED ON A YEAR'S MONITORING, 2. A FURTHER REPORT FROM THE PUBLIC WORKS DIRECTOR AS TO THE ACTUAL CAPACITY OF THE SUBSYSTEMS IN THE PLANT, AND WHAT THE REGIONAL WATER QUALITY CONTROL BOARD'S POSITION IS TOWARDS RUNNING THE PLANT AT 5.1 OR 5.2 MGD CAPACITY, 3. THE DISPOSITION OF OUR SEWAGE TREATMENT GRANT APPLICATION. SECONDED BY CM DAHLBACKA. Cm Ebert agreed with Cm Staley's concerns but suggested studying the problem at the local level instead of going to the Regional Water Quality Control Board. CM-35-464 December 11, 1978 (Re Report - Water Reclamation Plant) Cm Staley added that it would not be fair to let the builders spend money on processing Tract Maps, etc., and then have to tell them that they can't get a building permit because the Plant is at capacity and there are no sewer allocations. Mayor Turner felt the most critical item was getting the anticipated commercial growth on line, and that a delay at this time would be pru- dent. He commented that the Regional Water Quality Control Board's position on our Sewage Treatment Plant was important since they did put a cease and desist order on us once and they do monitor us monthly. Mr. Lee stated that since the City is in the middle of getting a grant for plant expansion it may not be appropriate to discuss with the Regional Water Quality Control Board the possibility of going beyond ril when the consultants who will be working on the plant expansion could demonstrate the Plant's capabilities. Cm Staley agreed with Mr. Lee, saying that the two critical factors were the bounce-back and the status of the grant. CM STALEY DELETED FROM HIS MOTION, IN ITEM 2, THE vlORDS "AND WHAT THE REGIONAL WATER QUALITY CONTROL BOARD'S POSITION IS TOWARDS RUNNING THE PLANT AT 5.1 OR 5.2 MGD CAPACITY." Cm Dahlbacka asked that the study include the impact at the Plant when the City hooks up to the pipeline. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. RECESS Mayor Turner called for a brief recess, after which the meeting resumed with those members of the Council present as during Roll Call. LETTER RE ALLOCATIONS The Council received a letter from Leo J. Parry suggesting a cut-off date for application for allocation of sewer permits and also sug- gesting that the remaining available allocations be distributed evenly among those tracts previously approved. Council instructed Hr. 'Nies to respond to Mr. Parry's letter. REPORT RE LIVERMORE-DUBLIN DISPOSAL CO. CONTRACT A report was received from the City Attorney concerning a six month extension of the refuse collection contract with Livermore-Dublin Disposal Co., and recommending the adoption of a resolution authorizing execution of agreement. !1r. Reiners noted that the franchise holder had requested the addition of a clause that would provide for an automatic termination upon the execution of the negotiated new contract. CM STALEY MOVED TO ADOPT THE RESOLUTION AND INCLUDE THE CL},\USE SUG- GESTED BY THE CITY ATTORNEY. THE r-lOTION WAS SECONDED BY CM DAHLBACKA AND PASSED UNANIHOUSLY. RESOLUTION NO. 334-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Oakland Scavenger Company) CH-35-465 December 11, 1978 P. C. REPORT RE PARCEL MAP NO. 2741 The Planning Commission has considered a submittal by Bert Bertolero of Parcel Map No. 2741 which proposes to divide a 6 acre site located at the corner of Murdell Lane and Stanley Blvd. into three parcels. They are recommending that Council adopt a resolution approving Tent. Parcel Map No. 2741 based on the findings and subject to the conditions outlined in Planning Commission Resolution no. 97-78. ON MOTION OF CM DAHLBACKA, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE THE COUNCIL ACCEPTED THE PLANNING COMMISION'S RECOMMENDATIONS. A resolution will be prepared and returned to Council for Consent Calendar action on December 18, 1978. AGENDA DELETION Item 5.2 on the agenda, a report from the Planning Commission on a lot line adjustment, College Avenue area, was deleted and will not be relisted. An alternate course of action will be pursued. RE FREEWAY SIGNS The Planning Staff submitted a report on freeway signs in response to the Council's referral regarding freeway oriented signs. Cm Ebert commented that at a previous meeting he had inquired about the possibility of erecting a freeway sign directing the public to the Las positas Golf Course. The Staff recommended that no change be made in the present provisions. Mr. Horner indicated that this is a report on freeway signs and that the report on the Golf Course offsite signs will be ready in a week or so. Cm Staley said he was incensed at the State Dept. of Highway's atti- tude toward freeway signs. The League of California Cities, he stated, went on record this year as introducing legislation to get them to re- consider their position. Cm Ebert stated he would like to see some reV1S10n so that businesses located within 1000 ft. of the freeway would be able to erect freeway oriented signs. Cm Staley commented that he felt the public does not support the con- cept of large freeway signs. Some identification is necessary, he thought, but the proper course would be to put pressure on the State Highway Dept. to allow signs on the freeway billboards that indicate what type of services are available at the next offramp. He recommended writing to our Assemblyman and Congressman about the issue. Mayor Turner suggested asking for a specific response from Sen. Ho1mdah1 and AsseffiPlyman Mori. Since they represent our area they should be willing to introduce legislation to alleviate area problems. CM DAHLBACKA MOVED TO SEND A LETTER TO ASSEMBLYMAN MORI AND SEN. HOLM- DAHL INCORPORATING MAYOR TURNER'S SUGGESTIONS, SECONDED BY CM STALEY. David Eller, 3797 Oregon Way, supported Cm Staley's comments, and urged the Council to pursue the matter further. THE MOTION WAS VOTED ON AND PASSED UNANnmUSLY. P. C. SUMMARY - 12/5/78 A Planning Commission Summary of Action of the meeting of 12/5/78 was submitted for informational purposes. It was noted for filing. Cg-35-466 December 11, 1978 RE INSULATION AND ATTIC FAN STUDY The Energy Conservation Committee has prepared, at Council request, a report relating to the necessity of installing attic fans in dwell- ings equipped with central air-conditioning. Cm Dah1backa stated that he was pleased with the amount of effort that went into the report. Going through the report he had found that the average home in Livermore is sold every 4-5 years so the attic fan ordinance has been in effect long enough to affect the average home. Since the Council adopted the ordinance in 1973, there have been many regulations passed which have the same effect as the ordinance in establishing standards for insulation. P.G. & E. currently has a PUC mandated insulation program that they are operating with a low-interest loan. He added that the recommendation from the committee is to estab- lish an R-11 rating for ceiling insulation of all houses at resale, and to modify the City Code to remove the attic fan requirement. He fel t there are few homes left that do not have any attic insulation, that it was not worthwhile maintaining administrative staff and charges for the purpose. ON MOTION OF CM DAHLBACY~, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE, THE ATTIC FAN ORDINMJCE WAS REPEALED. REPORT RE PROPOSED ENERGY ELEMENT OF THE GEN. PLAN A report was submitted by the Energy Conservation Committee relative to a proposed Energy Element of the General Plan. ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE REPORT WAS SENT TO STAFF AND APPROPRIATE ADVISORY BOARDS FOR REVIEW AND Cm1.MENT. ABATEMENT OF ABANDONED VEHICLES ON PUBLIC AND PRIVATE PROPERTY A report was received from the Police Chief relative to the abatement of abandoned vehicles on public and private property and recommending that the City Code section be amended by ordinance to comply with the towing authority sections of the California Vehicle Code. ON MOTION OF CH STALEY, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, AN ORDINANCE RELATIVE TO ABATEMENT OF ABANDONED VEHICLES ON PUBLIC AND PRIVATE PROPERTY WAS INTRODUCED AND READ BY TITLE ONLY. REPORT RE JOINT LITTER GRANT APPLICATION The City of Livermore is eligible to receive approximately $8,500 from the State for participation in the litter control part of SB 650. Each participating city must pledge $650 in grant funds to a County p project for a quantitative survey of litter at ten sites in Livermore. Cm Staley indicated that he felt it was a waste of money to spend $650 studying litter. CH STALEY HOVED THAT THE CITY NOT PARTICIPATE IN THE STUDY, SECONDED BY CH DAHLBACKA. Ed Schilling, Assistant to the City ~~anager, stated that the purpose of this study is to specifically analyze ten sites within the City of Livermore to determine the nature and level of the litter problem. He said it is felt by those who have experience in this area, that before you can design an effective program to combat litter, you have to understand exactly what the nature of the problem is. lIe added that there will also be a more comprehensive program in Alameda G~-35-467 December 11, 1978 (Re Joint Litter Grant Application) County to determine more specifically how the litter problem can be resolved. His recommendation was that the City participate with the County in this effort. Cm Dah1backa suggested the study could include the possible litter problem created by recycling efforts. Cm Ebert did not support the spending of the funds. Mr. Schilling commented that the study the County will be conducting is in part to develop material for an educational program. THE MOTION WAS VOTED ON THE PASSED 3-1, CM DAHLBACKA DISSENTING. RIDEO SUMMARY REPORT A staff report on the RIDEO Bus system indicated that patronage is running 45% ahead of original estimates, and is increasing steadily. Farebox revenue is also somewhat ahead of estimates. It was the consensus of Council to request from staff a report on the operation costs of the RIDEO system. REPORT RE MUNICIPAL COURT CONSOLIDATION Mr. Horner submitted a report to Council on Alameda County's proposal to consolidate the Municipal Court system. The City has gone on record as opposing any move to close the Livermore Municipal Court. Letters have been written by both the Mayor and the City Manager indicating their opposition. The County is still in the process of conducting their study and as soon as their report is completed, copies will be made available to Councilmembers. It was the consensus of Council that Mayor Turner meet with the Board of Supervisors to discuss the matter. COUNCIL ADJOURNMENT TIME AND EXTENSION A resolution was adopted amending the Rules of Procedure to clarify adjournment time and extension as decided by Council in February of 1977. Council decision at that time was to adjourn at 11:30 p.m. unless, by majority vote, the Council extended the time. ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED A RESOLUTION RELATIVE TO COUNCIL ADJOURNMENT TIME AND EXTENSION. RESOLUTION NO. 335-78 A RESOLUTION AMENDING POLICIES AND RULES FOR CONDUCT OF COUNCIL MEETINGS CONSENT CALENDAR Reso. Rejecting Claim The Council adopted a resolution rejecting the claim of Sandra Stratton. RESOLUTION NO. 336-78 A RESOLUTION REJECTING THE CLAIM OF SANDRA STRATTON CM-35-468 December ll, 1978 Resos. Reflecting Prior Council Action The Council adopted a resolution granting a Conditonal Use Permit to R. L. Clark ror a printing business at 1528/32 Catalina Ct. RESOLUTION NO. 337-78 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT (R. L. Clark) The Council adopted a resolution approving Parcel Map No. 2713, C.J. and P. A. Brown. RESOLUTION NO. 338-78 A RESOLUTION APPROVING TENTATIVE PARCEL MAP 2713 (C.J. & P.A. Brown) Reso. re HCD Funds 1978- ~979, Block Grant Funds The Council adopted a resolution authorizing an agreement with Buenas Vidas Youth Ranch for 1978-79 HCD Block Grant Funds. RESOLUTION NO. 339-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Buenas Vidas Ranch) Reso. re Multi-Service Center Lease Agreements The Council adopted a resolution authorizing four leases for the Multi-Service Center. RESOLUTION NO. 340-78 A RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENTS (Advocates for Women; Tri-Va11ey Haven; Hotline, Inc. and Good Samaritan Home, Inc.) Reso. re Grade Separation Project The Council adopted a resolution authorizing an agreement for supple- mental allocation of funds for the grade separation project. RESOLUTION NO. 341-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (State of California: Department of Transportation) CONSENT CALENDAR APPROVAL ON HOTION OF CM STALEY, SECONDED BY MAYOR TURNER AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR ~vAS APPROVED. !1ATTERS INITIATED BY STAPF Mr. Reiners asked for an executive session for litigation after tonight's meeting is adjourned. Mr. Horner reminded the Council that after the next regular meeting on Dec. 18, the following two regular meeting dates fall on Holidays, Christmas and New Years Day. It was the consensus of Council to meet on Dec. 18, and schedule the next regular meeting for Jan. 8, 1979 if there was no urgent business in the interim. CIvl-35-469 December 11, 1978 INTRO. OF ORD. RE RS DISTRICT Cm Dahlbacka commented that he would like to see the entire Council present when this ordinance is adopted. He added that he would like to see more discussion on the lot depth to width ratio of two to one that was recommended by staff. CM DAHLBACKA MOVED TO AMEND THE ORDINANCE TO INCLUDE A LOT DEPTH TO WIDTH RATIO OF TWO TO ONE. MOTION DIED FOR LACK OF SECOND. Clarence Hoenig, 588 Tyler, said he supported Cm Dah1backa's comments regarding putting the ordinance over for one week so that the entire Council would be present for the first reading and discussion. Cm Dah1backa felt the ordinance needed more work and was reluctant to introduce it for first reading. However, after discussion among the Counci1members, it was agreed to introduce the ordinance for a first reading as a matter of procedure, and if changes were required, the ordinance could then go back for another first reading at the next meeting. ON MOTION OF CM STALEY, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE AN ORDINANCE RELATIVE TO THE PROPOSED ZONING ORDINANCE AMENDMENT REGARDING RS DISTRICT REGULATIONS WAS INTRODUCED AND READ BY TITLE ONLY. ORD. RE OS-UR DISTRICT ON MOTION OF CM STALEY, SECONDED BY CM EBERT AND BY UNANIHOUS VOTE THE ORDINANCE RELATING TO THE ZONING ORDINANCE M1ENDMENT RE OS-UR DISTRICT; REQUIRED CONDITIONS; ACTION - ZONING ADMINISTRATOR; CON- DITIONAL USE PERMITS, ACTION THEREON, WAS ADOPTED. ORDINANCE NO. 972 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS ~1ENDED, RELAT- ING TO ZONING, OF THE CITY OF LIVERMORE, BY THE AMENDMENT OF SEC.4.26, RELATING TO REQUIRED CONDITIONS FOR "OS-UR" (OPEN SPACE-URBAN RESERVE) DISTRICT, OF ARTICLE 2, RELATING TO USES PERI'lITTED, "OS" (OPEN SPACE) DISTRICT, OF CHAPTER 4.00, RELATING TO "OS" (OPEN SPACE) DISTRICT; SEC.27.30, RELATING TO DETERMINATION; SEC.27.50, RELATING TO ACTION - ZONING ADMINISTRATOR; SEC.27.62, RELATING TO TIME OF PERMIT; BY REPEALING SEC.27.51, RELATING TO ACTION, ZONING ADMINISTRATOR, ALL OF CHAPTER 27.00, RELATING TO VARIANCE PERMIT; AMEND- ING SECS. 28.21, 28.22, 28.23, 28.24 AND 28.25. ALL RELATING TO APPLICABILITY OF CUP PROCEDURE; SECS. 28.30, 28.31, 28.32, RELATING TO APPROVAL OF CUP PEID1ITS; SEC.28.43, RELATING TO ACTION BY ZONING ADMINISTRATOR, SEC.28.43.1, RELATING TO ACTION BY PLANNING COMMISSION; SEC.28.45, RELATING TO NOTIFICATION; BY REPEALING SEC.28.20, RELATING TO APPLICABILITY, SEC.28.33 RELATING TO APPROVAL, AND SEC.28.46, RELATING TO PUBLIC HEARING, OF CHAPTER 28.00, RELATING TO CONDITIONAL USE PERMITS. ORD. RE REZONING OF BIBLE COLLEGE SITE ON MOTION OF CM STALEY, SECONDED BY CM EBERT AND BY UNANIMOUS VOTE THE ORDINANCE RELATING TO REZONING OF THE BIBLE COLLEGE SITE, SOUTH OF COLLEGE AVE., ~mST OF SO. "L" STREET FROM OS-F, RL-7 AND RL-IO DISTRICTS TO PD DISTRICT, WAS ADOPTED. ORDINANCE NO. 973 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED OF THE CITY OF LIVERMORE BY AMENDING CHAPTER 3.00 THEREOF, RELATING TO ZONING. Cf'.1-35-470 December ll, 1978 ORD. RE PD 16 DISTRICT (ANDERSON PROPERTY) ON MOTION OF CM STALEY, SECONDED BY CH EBERT, AND BY UNANIMOUS VOTE, AN ORDINANCE WAS ADOPTED RELATIVE TO A ZONING ORDIN.ANCE M-1ENDMENT RE PD 16 DISTRICT (ANDERSON PROPERTY) . ORDINANCE NO. 974 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 19.16, RELATING TO ANDER- SON PLANNED DEVELOPHENT DISTRICT. ORD. RE INDUSTRIAL AND RESEARCH DISTRICT ON MOTION OF CM STALEY, SECONDED BY CM EBERT, AND BY UNANIMOUS VOTE AN ORDINANCE RELATIVE TO THE ZONING ORDINANCE AMENDMENT TO ADD CHAPTER 14.00 - I-R INDUSTRIAL AND RESEARCH DISTRICT, WAS ADOPTED. ORDINANCE NO. 975 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS M1ENDED, RELAT- ING TO ZONING, BY THE ADDITION OF CHAPTER 14.00, RELATING TO I-R (INDUSTRIAL AND RESEARCH) DISTRICT. ADJOURNMENT There being no further business before the Council the meeting was adjourned to an executive session to discuss litigation at 11:15 p.m. APPROVE 1 1 . .1 ATTEST ~:i~/ . _ . d-- ty Clerk . i ermore, California CH-35-471 Regular Meeting of December 18, 1978 A regular meeting of the Livermore City Council was held on Monday, December 18, 1978, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Turner. ROLL CALL Present: Cm Ebert, Kamena and Mayor Turner Absent: Cm Dah1backa and Staley (both seated shortly after) PLEDGE OF ALLEGIANCE Mayor Turner led the Councilmernbers as well as those present in the audience in the Pledge of Allegiance. (Cm Dah1backa seated at this time) SPECIAL EVENTS Mayor Turner recognized City Clerk, Dorothy Hock, for her 30 years of service to the City of Livermore. She had been presented earlier with a gold pendant, bond, and letter and certificate of commendation. Mayor Turner read a proclamation extending best wishes to Judith Sherard, who is leaving her post as City Hall Reporter for the Tri-Va11ey Herald at this time culminating some four years of service with that newspaper. Mayor Turner, on behalf of all the Councilmembers, extended Holiday Greetings and best wishes for a prosperous New Year to all the citizens of Livermore. MINUTES - l2/4/78 ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE MINUTES OF THE COUNCIL MEETING OF DECEMBER 4, 1978, WERE APPROVED AS SUBMITTED. OPEN FORUM No one wished to speak. PUBLIC HEARING RE REZONING FROM OS-UR TO CS A public hearing was held on rezoning a 33 acre site from OS-UR to CS District. The site is located between Interstate 580 and Las positas Rd., westerly of First Street. Howard Neis, Planning Director, stated that the Planning Commission felt the OS-UR designation should be retained north of the Arroyo Seco Channel. A short discussion followed on access alternatives to the north portion of the site. Mayor Turner opened the public hearing. Milton Mintz, representing the owner, stated that it is critical for a developer, before starting an expensive project such as this, to have a clear idea of the specific requirements. Changing the zoning to CS to agree with the General Plan would give the developer this knowledge. The access problems, he felt, had been worked out with Earl Mason, civil engineer. Earl Mason, representing the applicant, stated that between the existing storm drain channel and the southerly side of the Union 76 gas station, there is an access road that is part of the channel easement. He suggested that this road could be used both for channel maintenance and for access to the northerly parcel. He proposed raising the grade up to the level of the gas station, using a retaining wall on the channel side. The access at CM-35-472 December 18, 1978 (Re Public Hearing Re Rezoning - OS-UR To CS) the rear of the gas station, he added, would go on to the main parcel and would be a two1ane road. The channel between First St. and the freeway was enlarged 16~18 years ago by the Highway Dept. and can handle all but a major storm. (Cm Staley seated at this time) Mr. Mason indicated that these properties need to be zoned CS so the developer knows what the regulations are and what uses are permitted. Cm Dah1backa expressed concern with the problems which might be created by the high speed traffic that comes off the freeway, and the turning patterns to the site in question. Dan Lee, Director of Public Works, felt the access road would cause no problems since it would be more like a driveway than a street entrance and it would be further south than the entryway to the gas station. In addition it would be offset enough from Southfront Road, across the street, to prevent any traffic problem. In 'reply to a question by Cm Dah1backa, Mr. Neis stated that it is only the northerly parcel of about 9 acres that has an access problem. ON MOTION OF CM EBERT, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. ern Dah1backa questioned Council's ability to condition in CS Zoning. Howard Nies, Planning Director, stated that the E.I.R. indicates that Alternate "A" would be adequate for light intensity use. If it gets into a motel type use, Alternate "B" would have to be used. He felt that, under the E.I.R., the City would have the ability to require that, even if it was zoned CS, because the E.I.R. indicates that it is a mitigation measure. Mollie Dent, Asst. City Attorney, agreed but expressed concern with a future traffic median blocking access to the entrance. Mr. Lee felt that it was inevitable that as the traffic increases, a median will become necessary and he felt the owners of surrounding property should be aware of that now. Another important point, he added, was the flood hazard area which is about ninety feet wide in this area, and an access road might encroach on that ninety feet. The access road would also serve as a maintenance road for the channel. The Arroyo Seco, through here, he said, is shown as a bike path, part of the Trailway system, and the guidelines required by the Parkway Plan indicate a minimum width of 140 ft. to accommodate both channel and bike path. It is already constricted, he thought, west of First Street, and the site plan will have to be worked out with that in mind. In reply to a question by Cm Staley, Mr. Nies commented that this land, under OS-UR, can be used for minor farming operations. Most other uses require a CUP. Under the CS zoning, the site plan design could be used to protect the city regarding access, median rights and the channel, he added. t-1ol1ie Dent mentioned that the median would not creat an access problem unless it was a no-access median. According to the staff, the median item would not come at the time of the site plan approval, necessarily, but at some time in the future, unless this development generates sufficient traffic to require the median in which case the developer would be required to put the median in. The basic differ- ence between the site plan approval and the CUP is that the site plan approval is done at staff level, the CUP at Planning Commission and City Council level. CM-35-473 December 18, 1978 (Re Public Hearing Re Rezoning - OS-UR To CS) Mr. Lee said that he would anticipate some hard surfacing along the access roadway to prevent erosion from the nearby channel. Mr. Nies indicated that the Planning Commission had some hesitation about Alternates A and B, recommended in the E.I.R. as acceptable, and felt the CUP procedure would give better control. MOTION WAS MADE BY CM EBERT, SECONDED BY CM KAMENA, TO REZONE THE AREA FROM OS-UR TO CS, APPROVE THE NEGATIVE DECLARATION FOR FILING, AND DIRECT PREPARATION OF AN ORDINANCE AMENDMENT. Mayor Turner expressed concern with the possibility of traffic problems arising in the future at the site. Mr. Lee indicated it is a critical intersection (I-580 and First St.) because of the traffic corning off the freeway, but the frontage doesn't have restrictive access and he anticipated no uhso1vab1e problems. A general discussion followed concerning access in the area, the speed of traffic coming off the freeway, and position of driveways in the area. Cm Kamena didn't see any problem with the rezoning since the E.I.R, the General Plan and the site plan could all be used to control the use of the area. Cm Dah1backa indicated he would vote against the motion because of the possibility of traffic problems, which could be controlled easier if it was left as OS-UR. Mayor Turner noted that Mr. Lee had indicated there were traffic problems but that they could be solved through engineering. Mr. Mason said that he did not object to medians on First St. MOTION WAS VOTED ON AND PASSED 4-1, CM DAHLBACKA DISSENTING. PUBLIC HEARING AND RESO. RE PROPOSED GENERAL PLAN AMENDMENTS The proposed General Plan amendments are as follows: 1) Land use change to Low Intensity Industrial, Open Space for the area west of No. Livermore Ave., south of I-580 and the area south of Las Positas, east of No. Livermore Ave., and 2) "Gross" acre definition to read - The gross acre shall include developable land except: Land that is to be purchased by a public agency; Required park land dedication; Non-residential uses. The Planning Commission recommends that the Council certify the E.I.R, file the Negative Declaration with the Alameda County Clerk, and amend the General Plan as outlined in their Resolutions No. 103-78 and 108-78. Mayor Turner asked if the area at the southeast corner of I-580 and North Livermore Ave. would require another General Plan amendment at a later date to allow for commercial use. Mr. Nies replied that it would, after additional study is completed. Questioned by Cm Dah1backa, Mr. Nies stated that he contacted the County and they assured him that this proposal is not in conflict with the County Plan. At this time, Mayor Turner opened the public hearing. Robert Ruggles, owner of some of the property involved, indicated that he would like to see the Council consider pre zoning and/or annexation since the commercial development which he mentioned at CM-35-474 December 18, 1978 (Re Public Hearing re G.P. Amendments) an earlier meeting was still viable. But whatever is done should be compatible with the remaining land, with a sensible amount left to development. (Some of Mr. Ruggle's comments are inaudible) Questioned by Cm Dah1backa, Mr. Nies stated that the parcel in Ithe northwestern corner was noted for Low Intensity - Industrial. Don Miller, 2862 Waver1ey Way, said the City does not need more industrial land since there are already hundreds of acres within the City limits. CM DAHLBACKA MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY CM EBERT. Earl Mason, 1245 G1enwood, recommended that the Council adopt the Planning Commission's recommendations regarding the Gross area defin- ition. THE MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. Cm Dah1backa's comments on the rezoning are inaudible on the tape. CM DAHLBACKA MOVED TO ADOPT THE GENERAL PLAN AMENDMENT REFERRED TO COUNCIL BY THE PLANNING COMMISSION, WITH THE EXCEPTION OF THE CORNER ON THE NORTHWEST SIDE TO REMAIN IN OPEN SPACE. MOTION SECONDED BY CM STALEY. Cm Dahlbacka said he would include the 19 acres in the northeast corner if the Council concurred. If not, the Planning Commission will discuss it further in Feb. 1979. Mayor Turner commented that if the entire area will go in the Low Intensity Industrial and Open Space, he was in favor of it. He was not in favor of Commercial designation. em Dahlbacka said HE WOULD ACCEPT THE LOW INTENSITY INDUSTRIAL DESIG- NATION FOR THE ENTIRE AREA INCLUDING THE AREA BEING CONSIDERED FOR COMMERCIAL, EXCEPTING ONLY THE NORTHWEST CORNER WHICH WOULD BE DESIG- NATED OPEN SPACE (AREA BETWEEN CHANNEL AND 1-580). em Dahlbacka explained why the northwest corner is designated Open Space. He said that it is currently designated as Open Space because it's a scenic highway, a major entrance to the community, and because Council has pre zoned a Planned Development with Chester Anderson for Multiple Residential that maintains the adjacent area in Open Space THE MOTION WAS VOTED ON AND PASSED 3-2, CM EBERT AND KAMENA DISSENTING. ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE THE COUNCIL ADOPTED A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION REGARDING THE GROSS ACRE DEFINITION, TO FILE THE NEGA- TIVE DECLARATION, AND TO AMEND THE GENERAL PLAN AS OUTLINED IN PLANNING COMMISSION RESOLUTION NO. 103-78. RESOLUTION NO. 342-78 A RESOLUTION AMENDING THE LIVERMORE GENERAL PLAN (Land Use Element) CITY MANAGER'S REPORT Mr. Horner presented a report, request by Council, concerning the costs of increasing the retirement benefits for City employees who had retired prior to 1974. The reports includes the costs to the City to amend the existing contract with PERS to allow this one-time allow- ance increase which would apply to approximately 12 persons. The total CM-35-475 December 18, 1978 (Re City Manager's Report) cost over a 15 year period would be approximately $29,399 for miscel- laneous personnel and $31,580 approximately for safety personnel. He added the City is anticipating another valuation increase in the retirement costs as of July 1, 1979, of about 15%. It was the consensus of the Council not to participate in a PERS contract amendment to increase pre-1974 retirees benefits. SIDEWALK CONSTRUCTION HILLCREST AVENUE Notice to construct sidewalks has been issued to two property owners on Hillcrest Ave. The lots are located north of East Avenue on Hill- crest and the houses were there prior to the area being subdivided. Over the years, the City has received many complaints from area resi- dents about the absence of sidewalk in front of the properties. Pedes- trians must enter onto the street to get around this property. Dan Lee, Director of Public Works, stated that the City has done work in the street area by putting in reflectors and jiggle bars in the street area so that pedestrians would be somewhat protected. Putting in curb, gutter and sidewalks will not place traffic closer to the houses, he said, even though the houses are closer to the street than the other houses in the neighborhood. Alfred Gossimer, representing the owners, commented that the owners were willing to work with the City to work out the problem but re- quested additional time so the matter could be referred back to staff. He asked the Council to consider the financial burden on the property owners. Mr. Lee noted that under the Street and Highway Code prOV1S10ns, it is the property owner's responsibility to put in curb, gutter and sidewalk at their expense. The other properties in the area paid for their improvements at the time they built their houses. He ex- plained that the delay requested by the property owners was to ask the City to pay for part or all of the costs of the improvements to the two properties. Mollie Dent, Asst. City Attorney, indicated that the fees incurred could be paid by installment by the property owners. She added that putting in curb, gutter and sidewalk is something that all property owners in the City are obligated to do. The appropriate motion, she pointed out, on this action would be to overrule the protest, which requires a 4/5 vote. Mayor Turner commented that it is not the policy of the Council to pay for something that is a homeowner obligation. Two options are available to Council he said, granting of the extension for the pur- pose of negotiating the cost, or overruling the protest so the work can progress with an installment type payment schedule. CM DAHLBACKA MOVED TO OVERRULE THE PROTEST AND GO AHEAD WITH THE IMPROVEMENTS, AND TO INSTRUCT THE STAFF TO PREPARE A RESOLUTION AUTHORIZING TIME PAYMENTS IF THE OWNERS DECIDE THEY WANT THE CITY TO PUT IN THE IMPROVEMENTS. CM STALEY SECONDED THE MOTION. Cm Ebert stated he was having trouble supporting the motion because of the financial burden, particularly at this time of the year. He was in favor of a time extension on the completion date. Cm Dah1backa stated he would incorporate in his motion, THE EXTEN- SION OF THE COMPLETION DATE TO JUNE 1, 1979. Council instructed the staff to work with the homeowners on the width of the sidewalk and the location of the fences and trees so as to create the least disturbance to the properties. CM-35-476 December 18, 1978 (Re Sidewalk - Hillcrest) THE MOTION WAS VOTED ON AND PASSED 4-1, CM EBERT DISSENTING. RECESS " Mayor Turner called for a brief recess after which the meeting resumed with all members of the Council present. RESTAURANT CUP - K. HATSUSHI A report was received from the Planning Commission regarding a Condi- tional Use Permit to allow a restaurant at 93 So. S Street. Their recommendation was to approve the application in accordance with Plan- ning Commission Resolution No. 1l0-78, and to file the Negative Dec- laration with the Alameda County Clerk. Howard Nies, Planning Director, stated that even the permitted uses would present a problem with traffic circulation around the site. Parking space will be on a ratio of 1 to 4, one space for every four seats. Randall Sch1ientz, architect for the applicant, stated that the res- taurant will be open for lunch and dinner only. He explained that it was a 15,000 sq. ft. site with a relatively small 2300 sq. ft. build- ing to be built on the site. Because of the traffic problems in the area, Mr. Nies said parking would be restricted along the west side of "S" St. north of the pro- posed restaurant. He added there would be a minimum of parking on the east side of "s" St. Cm Kamena commented that traffic in front of the site on "s" St. is one-way, southbound only. Traffic attempting to enter the premises from Holmes and traffic leaving the premises attempting to go west on Stanley, would be forced into a circuitous route. CM EBERT MOVED TO APPROVE THE APPLICATION IN ACCORDANCE WITH PLANNING COMMISSION RESOLUTION NO. 110-78, AND TO FILE THE NEGATIVE DECLARATION WITH THE ALAMEDA COUNTY CLERK, SECONDED BY CM DAHLBACKA. Cm Dah1backa noted for the record that a more intensive use has been approved already in the zone by Council although he objected to it. The rest of Cm Dah1backa's comments are inaudible on tape. Cm Dahlbacka said he had voted against the Lyon's Restaurant applica- tion because it was adjacent to residential property and because it was a 24-hr operation. Neither condition is applicable to Mr. Hatsu- shi's application. Mayor Turner commented that he could see an impact on the residential area, the traffic problems were not solved, and the business would be open later than medical offices would be. Cm Kamena felt that the lack of access would create problems similar to those at Sambo's. (Mr. Sch1ientz's comments are inaudible.) / Cm Karnena said he could not support the proposal because of the lack of access and because 2nd St. and G1enwood St. appeared to have the only available off-site parking. Cm Staley felt that this would be a better use than a commercial office which is a permitted use in this zone. CM-35-477 December 18, 1978 (Re Restaurant CUP - K. Hatsushi) THE MOTION WAS VOTED ON AND FAILED ON A VOTE OF 2-3, CM KAMENA, STALEY, AND MAYOR TURNER DISSENTING. RESOLUTION NO. 351-78 A RESOLUTION DENYING A CONDITIONAL USE PERMIT (K. Hatsushi) RESO. RE CUP - LIVERMORE DATSUN A report was received from the Planning Commission regarding a Con- ditional Use Permit to allow expansion of the auto repair business at 4043 First St. It recommended approving the application in accord- ance with Planning Commission Resolution No. l07-78, and filing the Negative Declaration with the Alameda County Clerk. Mr. Neis noted that the Planning Commission revised the plan to orient some of the activity away from the residential property that it adjoins, and to require a landscaping plan including some greenery for the front 20 foot setback which is now rock. There have been some complaints about noise and paint odors from the nearby residents. CM KAMENA MOVED TO ADOPT THE PLANNING COMMISSION'S RECOMMENDATIONS, SECONDED BY CM EBERT. Cm Staley commented that when this application was originally filed about a year ago, he opposed it because he felt it would create a bad situation with regard to the neighboring residents. He recalled that there had been a particular problem with the paint shop, and the current application definitely includes a painting booth. CM STALEY MOVED TO AMEND THE MOTION BY ADDING THAT THE APPLICANT POST A BOND FOR LANDSCAPING FOR NOT LESS THAN TWO YEARS, SECONDED BY CM DAHLBACKA. THE AMENDING MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. THE MAIN MOTION WAS VOTED ON AND PASSED UNANIMOUSLY. RESOLUTION NO. 343-78 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT (Vi then Tantivongsathaporn) TRAILWAY CROSSING - GRANADA HIGH SCHOOL A report was received from the Public Works Director regarding a bike trai1way across Arroyo Mocho at Granada High School that was in need of repair, to prevent recurring flooding. Mayor Turner pointed out that the Council has made a committment to undertake a bike trail system and this crossing is part of that system. The problem can be rectified for about $4000 making the bike trail passable 99% of the time according to Mr. Lee, Public Works Director. Cm Kamena commented that he would ask the School District if they would be interested in participating in the cost of the project. ON MOTION OF MAYOR TURNER, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE COUNCIL VOTED TO EXPEND THE FUNDS TO CORRECT THAT PORTION OF THE BIKE TRAIL WHICH CROSSES ARROYO MOCHO NEAR GRANADA HIGH SCHOOL, AND THAT THE HIGH SCHOOL BE ASKED TO PARTICIPATE IF THEY SO DESIRE. CM-35-478 December 18, 1978 SIGNS - GOLF COURSES The City Council had previously inquired about the possibility of im- proving the signs for the Las Positas and Springtown Golf Courses. Mr. Lee's recommendations included: (A) the addition of a silhouette of a golfer and the legend "Public Golf Course" to the Las positas free- way sign, (B) a Springtown Golf Course entrance sign to be placed on the Springtown Pro Shop parking lot, and (C) the relocation of the Golf- ing Figure at the Springtown Pro Shop to the roof of the Shop which will require a CUP because it will project above the peak of the roof. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, RECOMMENDATIONS A AND B WERE APPROVED. Recommendation C will be brought back to Council for approval of a CUP. REPORT RE MUNICIPAL BALLOT MEASURES The City Manager's report recommended that the ballot in the March, 1979 special election be limited to the low rent housing issue re- quested by the Livermore Housing Authority. ON MOTION OF MAYOR TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE CITY MANAGER'S RECOMMENDATION WAS ADOPTED. GRANT FUNDS APPLICATION RE LITTER CONTROL A report was received from the City Manager's Office regarding an application for $10,511 from the SB650 Litter Control, Recycling and Resource Recovery Program. The proposal includes $7,438 for the pur- chase and operation of a vacuum unit to be used in parks, downtown and on median strips~ $1,073 for enforcement activity on Vasco Road near the city dump and $2,000 for litter receptacles. It recommended that Council adopt a resolution authoriz ng filing the grant appli- cation. Mayor Turner noted that the grant would run out in June of 1979 which might cause a problem regarding the operation of the street vacuum. Mr. Schilling indicated that this grant is part of a three-year pro- gram and the City will have an opportunity to apply for funds in the future to subsidize this type of operation. Mr. Horner noted that the vacuum could be used by existing personnel without a separate program. Cm Ebert commented that this is something that would be nice to have but isn't really necessary. Mr. Lee stated that the City does have many sidewalks and bikeways that require frequent vacuuming. Surface areas in parks must also be maintained and a new vacuum unit would do the jOb more efficiently. Cm Karnena commented that it was his understanding that this type of machine would use fewer people to operate and cause less traffic disruption. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED THE CITY MANAGER'S RECOMMENDATION. RESOLUTION NO. 344-78 RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE STATE LITTER CONTROL, RECYCLING AND RESOURCE RECOVERY FUND CM-35-479 December 18, 1978 CONSENT CALENDAR It was the consensus of Council to delete Item 6.7 (Reso. re appropri- ation and transfer of funds) from the Consent Calendar for discussion at a later meeting. Reso. Re So. Livermore Ave. Reconstruction Council adopted a resolution accepting the work on project 77-12, So. Livermore Ave. Reconstruction (Fifth St. to South City limits) RESOLUTION NO. 345-78 A RESOLUTION AUTHORIZING ACCEPTANCE OF WORK AND AUTHORIZING AND DIRECTING THE RECORDING OF NOTICE OF COMPLETION RE (South Livermore Avenue Reconstruction: Project 77-l2) Reso. Re Multi Service Center Completion The Council approved a resolution authorizing the Director of Public Works to sign a Notice of Substantial Completion for the Multi Service Center. RESOLUTION NO. 346-78 A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF PUBLIC WORKS TO RECORD NOTICE OF SUBSTANTIAL COM- PLETION FOR MULTI-SERVICE CENTER Reso. Re Tentative Parcel Map No. 2741 The Council adopted a resolution approving Tentative Parcel Map No. 2741 to .ref1ect action taken at the meeting of Dec. 11, 1978. RESOLUTION NO. 347-78 A RESOLUTION APPROVING TENTATIVE PARCEL MAP 2741 (Bert Berto1ero) Reso. Re Job Descriptions The Council adopted a resolution approving new and revised job descriptions. RESOLUTION NO. 348-78 A RESOLUTION APPROVING NEW JOB DESCRIPTIONS: (Police Property/Evidence Technician; Multi-Service Center Director; Receptionist Clerk, Multi-Service Center; and Supervising Counselor) AND APPROVING REVISED JOB DESCRIPTIONS: (Accounting Supervisor; Animal Control Officer; and Water Reclamation Plant Operator II) Reso. Re Code of civil Procedure The Council approved a resolution adopting prov~s~ons of the Code of Civil Procedure relating to Judicial Review of Adjudicatory Adminis- trative Decisions. RESOLUTION NO. 349-78 RESOLUTION ADOPTING PROVISIONS OF CODE OF CIVIL PROCEDURE SECTION l094.6, RELATING TO JUDICIAL REVIEW OF ADJUDICATORY ADMINISTRATIVE DECISIONS CM-35-480 December 18, 1978 (Re Consent Calendar) Reso. Re Murrieta/Olivina Project - Ca1trans The Council adopted a resolution authorizing execution of agreement with CALTRANS regarding right-of-way services on the Murrieta and 01ivina Ave. widening and traffic signal project and authorized an advance deposit of $1,200 for the work. RESOLUTION NO. 350-78 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (State of California: Department of Transportation) Claims and Warrants There were 95 claims in the amount of $103,075.26, dated 12/07/78 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 DELETION OF ITEM 6.7 WHICH WAS POSTPONED TO A LATER MEETING FOR DISCUSSION. MATTERS INITIATED BY STAFF AND COUNCILMEMBERS Cm Staley asked that there be an agenda item in the near future to discuss elected Mayor duties and compensation. Cm Staley asked for a report regarding sidewalks on a commercial piece of property on the west side of Fenton between Vinwood Lodge and P.G. & E. Cm Dah1backa said he was concerned about financing future street con- struction, especially construction that would increase the efficiency of traffic flow. He suggested writing to CALTRANS, members of legis- lative committees dealing with transportation, and to the members of the Energy Commission, proposing that street additions that can be shown to be energy-effective in a short time be considered for grant money since CALTRANS has, at present, a large surplus. Mayor Turner indicated that the crosswalk at Mocho needed painting. In reply to an inquiry by Mayor Turner, Mr. Lee stated that LARPD has money budgeted to put in adequate driveways at Kellman Soccer Field. Mayor Turner asked about the possibility of left turn lanes also. Mayor Turner asked if anything had been done about the fencing on INTEL property which backs up to Trevarno Rd., that the City has re- ceived complaints about. Mr. Horner stated that INTEL has worked out an agreement with the area residents which also satisfied the City's concerns. Mayor Turner asked for an agenda item to discuss the position of the Council on the diamond lanes on I-580. INTRO. OF ORD. RE REPEAL OF ATTIC FAN REQUIREMENT ON MOTION OF CM STALEY, SECONDED BY MAYOR TURNER AND BY UNANIMOUS VOTE, AN ORDINANCE RELATIVE TO THE MUNICIPAL CODE AMENDMENT TO REPEAL THE ATTIC FAN REQUIREMENT WAS INTRODUCED AND READ BY TITLE ONLY. CM-35-481 December 18, 1978 ORDINANCE AMENDMENT RE RS DISTRICT Cm Dah1backa asked that this item be continued for a week for dis- cussion of the 2 to 1 ratio and the 2~ to 1 ratio on cul-de-sac lots, versus the lot depth table in Section 5.32. He felt that the 2 to 1 ratio offered more flexibility but felt that there should be a mini- mum lot width associated with it and recommended a 60 foot minimum lot width on the 2 to 1 ratio. He added there is an existing minimum lot width on cul-de-sac lots of 42 feet. CM KAMENA MOVED TO ADOPT THE ZONING ORDINANCE AMENDMENT REGARDING THE TEXT OF RS DISTRICT, CHAPTER 5.00, SECTIONS 5.32, 5.42 AND 5.43 AND 5.44. MOTION SECONDED BY CM EBERT. CM DAHLBACKA MADE AN AMENDING MOTION TO AMEND THE ORDINANCE TO READ THAT THE LOT DEPTH TO WIDTH RATIO SHALL BE TWO TO ONE EXCEPT ON CUL-DE-SAC LOTS WHICH SHALL BE TWO AND A HALF TO ONE, AND ON NORMAL LOTS THE MINIMUM WIDTH SHALL BE 60 FEET. MOTION FAILED FOR LACK OF A SECOND. CM DAHLBACKA MADE AN AMENDING MOTION THAT THE FLOOR AREA DEVELOPMENT IN THE RS-5 ZONE FROM 25% to 30% ALSO INCLUDE THE RS-4 ZONE. MOTION FAILED FOR LACK OF SECOND. Jim Day, 745 Cardinal Drive, urged no change from the 25% to 30% provision. Mayor Turner commented that Council had discussed the entry level price before. He felt the RS-4 zoning ordinance did not offer, any more, an entry level price home. Don Miller, 2862 Waver ley Way, made several comments, most of which were inaudible on the tape. He recommended no change in the RS-4 and RS-5 district. Jack Ludeman, 2504 Superior Dr., urged adoption of the ordinance amendment. THE MAIN MOTION WAS VOTED ON AND PASSED 4-1, CM DAHLBACKA DISSENTING. ORDINANCE NO. 976 AN ORDINANCE AMENDING ORDINANCE 442, AS AMENDED, RELATING TO ZONING, BY THE AMENDMENT OF SECTIONS 5.32, RELATING TO MINIMUM AVERAGE LOT WIDTH, 5.42, RELATING TO MINIMUM YARDS, 5.43, RELATING TO MAXIMUM DEVELOPABLE FLOOR AREA, AND 5.44, RE- LATING TO FLOOR AREA DEFINED, ALL OF ARTICLE 3, RELATING TO SITE REQUIREMENTS, OF CHAPTER 5.00, RELATING TO RS - SUBURBAN RESIDENTIAL DISTRICT. ORDINANCE AMENDMENT RE ABANDONED MOTOR VEHICLES ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, AN ORDINANCE RELATIVE TO A MUNICIPAL CODE AMENDMENT REGARDING ABATE- MENT OF ABANDONED MOTOR VEHICLES, SECTION 13A, WAS ADOPTED. ORDINANCE NO. 977 AN ORDINANCE AMENDING SECTION 13A.5, RELATING TO ADMINISTRATION AND ENFORCEMENT; SECTION 13A.6, RELATING TO COSTS; SECTION 13A.7, RELATING TO NOTICE OF INTENTION; SECTION 13A.8, RELATING TO PUBLIC HEARING; SECTION 13A.9, RELATING TO ABATEMENT; SECTION 13A.10, RE- LATING TO REMOVAL; AND SECTION 13A.11, RELATING TO ASSESSMENT OF COST, ALL OF CHAPTER 13A, RELATING TO MOTOR VEHICLES-WRECKED, OF THE LIVERMORE CITY CODE, 1959. CM-35-482 December 18, 1978 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:25 to an executive session for discussion of personnel matters. .-----" -- -" ~ r APPROVE ATTEST rJ~ ~f-PJ / Clerk . er~re, California Special Meeting - December 26, 2978 A special meeting of the City Council was called by Mayor Turner for Tuesday, December 26, 1978, at 7:00 p.m. in the Municipal Court Cham- bers, 39 South Livermore Avenue. The purpose of the meeting was: Consideration of a Conditional Use Permit for a retail bedroom furniture store at 3040 Pacific Avenue, Vineyard Shopping Center. Present: Cm Ebert, Kamena, Staley and Mayor Turner Absent: Cm Dah1backa Mayor Turner explained the application as presented to the Planning Commission by Mr. M. Schrader for David Zankor, Inc. The Planning Commission considered this application at their meeting of l2/17/78. Resolution No. 111-78 was adopted by the Planning Commission recom- mending conditional approval of the CUP and recommending three (3) options to the Council as follows: 1) Approve the CUP in accordance with P.C. Reso. No. 111-78 setting a two-year time limit for reconsideration 2) Approve the CUP in accordance with a P.C. minority vote setting a time limit of five (5) years; or 3) Approve the CUP in accordance with staff recommendation which does not place a time limit on the use. A discussion between the Counci1members confirmed that the Vineyard Shopping Center has experienced some difficulty in retaining full occupancy of the Center and that new business is needed. CM-35-483 December 26, 1978 (Re CUP - Zankor, Inc.) Mayor Turner noted that one of the Planning Commissioners had stated that approving this application could subject the City to a possible law suit. The Assistant City Attorney, Molly Dent, explained that she had investigated this matter and to the best of her knowledge there are no potentials for a law' suit and that in granting this permit it would not necessarily force the Council to grant other similar permits if the use is undesirable. Mayor Turner inquired if there were not other vacant buildings lo- cated in the central downtown area which would be more appropriate for this type of business. Mr. Nies, Planning Director, stated that as far as he knew there were no vacant buildings in the down- town area. CM EBERT MOVED TO APPROVE THE CONDITIONAL USE PERMIT BASED ON THE FINDINGS OF THE PLANNING COMMISSION AS STATED IN THEIR RESOLUTION NO. 111-78 DELETING FINDING NO.4, STATING THAT THE INTENDED USE IS NOT IN CONFLICT WITH THE GENERAL PLAN IN THAT THE NEIGHBORHOOD COM- MERCIAL DESIGNATION ALLOWS COMMERCIAL USES. SECONDED BY CM KAMENA. Mr. Nies explained that the reason the Planning Commission wanted to place a time limit for reconsideration of the permit was that it was expected that the Vineyard Shopping Center would, in a two year time period, undergo some major changes and that the Commission was concerned that at that time a bedroom furniture shop might not be compatible. He also stated that the staff could not see this as a concern and therefore recommended no limitation on the permit. Discussion among the Counci1mernbers followed regarding the present zoning on the Center and it was generally agreed that the zoning could be changed and it was requested that this matter be considered for an agenda item in the near future. Mayor Turner and Cm Karnena suggested that the Center be zoned CB, central Business. Mayor Turner invited any public comments from the audience and there were none. MOTION WAS VOTED ON AND PASSED 4-0, CM DAHLBACKA ABSENT. There being no further business on the agenda, the meeting was adjourned at 7:20 p.m. APPROVE ATTEST CM-35-484