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HomeMy Public PortalAboutCC MINS 1977 Special Meeting - December 30, 1976 A special meeting of the City Council was called by Mayor Tirsell for Thursday, December 30, 1976, at 12:00 noon, in the Conference Room of City Hall, 2250 First Street, Livermore, California. The purpose of the meeting was to discuss litigation regarding property acquisition. Present: Absent: Cm Kamena, Turner, Staley, and Mayor Tirsel1 Cm Dah1backa and Kamena (seated during meeting) The meeting convened at 12:05 p.m. and immediately adjourned to an executive session. The meeting adjourned at 1:00 p.m. ATTEST -, 7/) L' J /? ." ;' Lt/ Mayor ~\~^. I' , . \ / - ' / ' ' " ?j City Clerk Livermore, California tL /~ 1[..V\ APPROVE Regular Meeting of January 3, 1977 A regular meeting of the Livermore City Council was held on January 3, 1976, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:08 p.m. with Mayor Tirsell presiding. ROLL CALL Present: Cm Kamena, Turner, Staley, and Mayor Tirsell Absent: Cm Dah1backa (Excused - Ill) PLEDGE OF ALLEGIANCE Mayor Tirse11 led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. MINUTES - 12/13/76 P. 246, 3rd paragraph from the bottom, line 5, delete the word pipeline and insert project. P. 248, 4th paragraph, line 5 should begin: Mr. Williams rather than Mr. Parness. ON ~10TION OF CM TURNER, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE MINUTES FOR THE SPECIAL MEETING OF DECEMBER 13, 1976, &~D THE REGULAR MEETING OF DECEMBER 13, 1976, WERE APPROVED AS CORRECTED. CM-33-265 January 3, 1977 OPEN FORUM (re Signs) Jerry Wilverding, 4886 Primrose Lane, wished the Council a happy new year and would hope that the new year will be fruitful and profitable for the community. Mr. Wilverding commented that in listening to the Holdener Dairy sign issue, he understood that the sign had to be parallel to the street. Since that time he has noticed that the small sign being errected by the Texaco Station on Springtown Boulevard is not parallel to the street. The Zoning Administrator was asked to check the sign at the station and report back to the Council by next week. PUBLIC HEARING RE CON- TINUATION OF INTERIM ORDINANCE - ZONING CATEGORIES A public hearing has been scheduled for the purpose of possibly continuing the interim ordinance holding property in existing zoning categories pending finalization of the CBD Plan. It is the recommendation of the staff to refer to Item 7.1 on the agenda for adoption of the ordinance, at the close of the public hearing. According to state law, the City may initiate the zoning mora- torium for four months the first time, and for an additional 8 months with a public hearing, for a total of one year. The suggestion was made that perhaps an additional four month moratorium is all that is necessary, and the City Attorney com- mented that he will have to check because he believes the mora- torium can be made in 4 mo., 8 mo., and 12 month increments only. It was pointed out that a moratorium is not a moratorium on build- ing, but rather a moratorium on any rezoning in the area. If the Council adopts an additional 4 mo. moratorium, it may then be neces- sary to hold another public hearing for another extension. AT THIS TIME MAYOR TIRSELL OPENED THE PUBLIC HEARING. THERE BEING NO PUBLIC TESTIMONY, AND NO WRITTEN COMMUNICATIONS, ON MOTION OF CM STALEY, SECONDED BY CM TURNER, AND UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. ON MOTION OF CM KM1EN~, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE ORDINANCE EXTINDING ORDINANCE NO. 897, FOR A PERIOD OF 8 MONTHS, TO PROHIBIT REZONING OF CERTAIN PROPERTIES, WAS INTRODUCED READ BY TITLE ONLY, AND ADOPTED. ORDINANCE NO. 908 AN ORDINANCE OF THE CITY OF LIVERMORE EXTENDING FOR A PERIOD OF EIGHT MONTHS ORDINANCE NO. 897 TO PROHIBIT THE REZONING OF CERTAIN PROPERTIES IN THE CITY OF LIVERMORE EXCEPT BY CONDI- TIONAL USE PERMIT THE APPROVAL OF CERTAIN USES IN THE "CG" ZONE AND TO PROHIBIT EXCEPT BY CONDITIONAL USE PERMIT THE APPROVAL OF ANY CHANGE OF USE IN THE "CB" AND "CO" ZONES. The staff was directed to contact the Planning Commission and request a schedule for adoption of the CBD Plan. CM-33-266 cTanuary 3, 1977 PUBLIC HEARING RE PROPOSED REZONING & EIR (Springtown Area) It was explained that after the new General Plan was adopted there were parcels zoned in and around ,the City, which were no longer in conformance with the General Plan. The Council is gradually reviewing the parcels which are non-conforming and placing them in collective items which go through the public hearing and Planning Department process. MAYOR TIRSELL OPENED THE PUBLIC HEARING. 1) The first area to be discussed will be the area located north and south of Bluebell Drive, east of Las Flores Road. The P.C. recom- mendation is rezoning from OS-A to RG-16. There was no public testimony concerning this area. 2) The next area is located northwest of 1-580 and Las Flores Road, recommended for rezoning from OS-A to CS District. No testimony presented on the above proposed rezoning. 3) The area north of proposed "cs" Zoning, bounded on the south and west by I-580/Springtown Boulevard, Bluebell Drive on the north, Las Flores ~oad on the east, from OS-A, to CN. No public testimony. 4) Area bounded by the City Limits on the west, Lassen Road on the north, Springtown Boulevard on the east, and 1-580 on the south; from OS-A to CO. This is the area that was annexed because developers in town felt a shopping center was eminent. The development of the shopping center did not come about and the developers let their County zoning go and the City annexed the property. CO District would be a compatible district with CN and CS. No public testimony. 5) Public rights-of-way resulting from extending the zoning lines to the center of applicable freeway or other roadway; from OS-A to RG-16, cs, CN, and CO, where applicable. No public testimony. It was noted that no letters of testimony were received from the public but there was a letter to the P.C. from Mr. Jacob Schley, submitted at their hearing, Mr. Schley asked that his rezoning application be withdrawn since other changes in the area would now make the lots unsuitable for development of duplexes. Cm Kamena commented that the owner of property in the area of Item 4, has requested that the public hearing be continued. He does not live in California and he intends to send someone to testify at a later date, if possible. ON MOTION OF CM KAMENA, SECONDED BY CM TURNER, AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CONTINUED UNTIL JANUARY 10th. COMMUNICATION RE RENAMING OF CARNEGIE PARK A letter from LARPD indicates that they have received a request to change the name of Carnegie Park to Bicentennial Square, and would like to know the position of the City Council. CM-33-267 January 3, 1977 (re Carnegie Park) It was noted that originally the Carnegie Library Foundation was started by Mr. Carnegie prior to his move to Scotland. The Carnegie Library Foundation established libraries, world- wide, and Livermore was one of the towns which had the privilege of getting a library. The Carnegie Library was located on the property which became Carnegie Park. The City Attorney explained that the land was purchased by deed with funds from a bond issue. There was no condition attached to the deed indicating that the name could not be changed. Also, there were no conditions attached to the funds which were re- ceived from the Carnegie Foundation to build the library. The Council expressed opposition to changing the name of a park which has historical interest to the City of Livermore and it was mentioned that the City owns the building and the land and LARPD would not be allowed to make a name change without the approval of the Council. It was then suggested that perhaps another park in Livermore could be named Bicentennial Park, in appreciation of the effort that has gone into the suggestion to change the name of Carnegie Park. The staff was asked to write a letter to LARPD, as well as Celia Larson and Kattie Richardson, explaining the Council's position. REPORT RE SEWER CONNEC- TION - UNITARIAN FELLOWSHIP The staff has concluded negotiations with the Livermore Unitar- ian Fellowship, for the terms of a proposed sewer connection agreement. The important aspect of the agreement is that most of the items associated with expense are proposed for conditional delay, which Mr. Parness explained. There is reference, under Exhibits liB" and "C", to improvements or other types of requirements, proposed for installation at a later time when and if properties on either or both sides of the subject parcel improve, or within five years, whichever occurs first; unless the term of five years is extended by action of the Council. As far as payment of the fees, is eoncerned, it is suggested that the fees, with the exception of the sewer service charge, be per- mitted to be paid over an extended term and it is suggested that the term be a period of 36 months. It is the staff recommendation that the Council adopt a resolu- tion authorizing execution of the agreement. Harold Weisner, 883 Adams Avenue, stated that he would like to discuss, briefly, Item 4, of Exhibit "B". The Fellowship feels that April 1st is not a realistic date and he would like to sug- gest rewording of this item to read as follows: "This agreement shall be void if the connection is not made by September 1 (or October 1st - whatever the Council wishes) or if the City Council cannot furnish City capacity by that date, unless an extension period is mutually agreed upon." CM-33-268 January 3, 1977 (Unitarian Fellowship Sewer Connection) Mr. Parness felt that the wording of Item 4, Exhibit "B" is some- what ambiguous, but it serves the need. In talking with the staff of the Regional Board, they realize that the church is something that may qualify for dispensation and there will probably be no problem in getting the sewer connection even though the cease and desist is in effect. CM KAMENA MOVED TO ADOPT A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE LIVEffi10RE UNITARIAN FELLOWSHIP. MOTION SECONDED BY CM TURNER. Mr. Weisner was asked if it is the 90 days that the church is concerned about and Mr. Weisner indicated that it is not. He indicated that their concern is that they may decide to build and then because of the City's problems with the Regional Water Quality Control Board, they may not be allowed sewer connection, for an indefinite period of time. It was mentioned that what Mr. Parness said should solve the concerns the church might have had with respect to a sewer con- nection and Mr. Weisner agreed. MOTION PASSED BY UNANIMOUS VOTE. RESOLUTION NO. 1-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREE- MENT (Livermore Unitarian Fellowship - Sewer Connection) . REPORT RE PLANNING DEPT. STAFF CHANGE Mr. Parness reported that at present there are two Planning Depart- ment staff vacancies - the Planning Director and Junior Planner. He has concluded that a staff revision is in order which might permit a greater degree of personnel specialization and will improve departmental proficiency and public service. It is recom- mended that the current vacancy for Junior Planner be substituted by a new classification known as Zoning Administrator. This employee would be required to have full professional credentials but would work under the supervision of the Planning Director and would have full responsibility for the administration of the Zoning Ordinance inclusive of permit procedures and related activity. The recom- mended salary range would be $1,500 - $1,800. Prior to filling the position the Council would have to technically adopt the job specifications, and there would have to be an amendment to the salary resolution, establishing the pay. Mr. Parness indica- ted that it has not been determined what the cost will be to the budget. It may be that the pay for a Planning Director will be less than what the City has been paying the Planning Director who recently resigned, and the pay for the Zoning Administrator may be higher than what the City has been paying for the Junior Planner. The cost will depend upon what the recruitment process finds. CM KAMENA MOVED TO ADOPT A RESOLUTION APPROVING THE JOB DESCRIPTION FOR THE ZONING ADMINISTRATOR. MOTION WAS SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. RESOLUTION NO. 2-77 A RESOLUTION ESTABLISHING ZONING AD- MINISTRATOR CLASSIFICATION. CM-33-269 January 3, 1977 REPORT RE DEFERRAL OF DEVELOPMENT FEES The City Attorney reported that an inquiry has been received from a prospective industrial developer for City fee deferral for a term of two years, for sewer connection and storm drain. The City Attorney commented that this item is relative to Item 7.2 on the agenda (ordinance amendment regarding fees) and he would like the Council to discuss the item at the time the ordinance is to be adopted. COUNCIL APPEAL RE HOME OCCUPATION PERMIT (James Dickman) The Council appealed the Planning Commission action allowing a home occupation permit for James Dickman, at their meeting of December 14th. Cm Turner indicated that he raised the question of why Mr. Dickman was allowed to park one truck at his home but not allowed to park both of his trucks on his property located at 3447 First Street. It was explained that in speaking with one of the Planning Commissioners it was noted that in allowing a home occupation permit the City would allow the use of a vehicle for the occu- pation; however, the person conducting the home occupation could not drive two trucks at one time and he was denied the request to park two trucks on his property. Mr. Gorland commented that one of the requirements of the home occupation permit is that no person is to be employed to do work appurtenant to the proposed use, on the premises, other than the immediate family residing in the home. Ob- viously, it would take a second person, other than the owner to come to the home to drive the other tow truck. This was one of the basic reasons for the determination in allowing only one truck. em Kamena indicated that he believes there would not neces- sarily be simultaneous use of the two trucks but rather two trucks might be used for the business. One truck might be used at one time with the other truck being used at another time. Mr. Gorland indicated that according to the testimony of Mr. Dickman, someone else does drive the other truck. It would be a matter of the other person having to drive a little further to park the second truck on his father's ranch. There was no intention to alternate the trucks for the business. The City Attorney advised that the appeal could be continued, pending information from the staff and if this information resolves the problems the Council can then withdraw the appeal. ON MOTION OF CM KAMENA, SECONDED BY CM TURNER, AND BY UNANI- MOUS VOTE, THE APPEAL WAS CONTINUED WITH THE REQUEST THAT THE CITY CLERK REMIND THE COUNCIL IN 180 DAYS THAT THIS ITEM IS IN LIMBO. CM-33-270 January 3, 1977 APPOINTMENTS TO VARIOUS BOARDS AND COMMITTEES The Mosquito Abatement District has asked that the Conuncil fill the appointment for a representative to the District Board. They are trying to encourage people to use Mosquito Abatement techniques in storing water on private property. It was noted that it is Council policy to make appointments only when a full Council is present. The item will be continued until a full Council is present. REPORT RE SEl~R PERMIT APPLICATION (Allen) The Community Development Director reported that an application has been received from Allen's Plumbing, Inc., for a sewer connection for a lO,OOO sq. ft. commercial building to be located on South front Road. Mr. Lee explained that this property also has frontage along Preston Avenue, and the engineering considerations require the posting of a bond to insure the improvements adjacent to both of those streets, sometime in the future. The improvements for Preston Avenue would be required when development occurs adjacent to this property and the applicant has requested that there be a five year extension of time for the improvements along Preston Avenue with reconsideration again in five years. The agreement would be written so that the City could require the improvements in the event of adjacent development occuring. The City is requiring widening of South front Road to commercial street standards providing a width of 40 ft. They have also asked for a two year extension of time for the completion of the improvements for South front Road, with the provision that the City could require it in the event development takes place on adjacent property. CM STALEY MOVED TO DIRECT THE STAFF TO PREPARE THE FORMAL SEWER CONNECTION AGREEMENT AND EXHIBIT ATTACHMENTS. MOTION SECONDED BY CM KAMENA. The question was raised as to how this would fit into the Council policy relative to the remaining number of sewer connections to be permitted and the comment was made that the policy was made with the understanding that if there were lots adjacent to the City, in the County, for purposes of commercial or industrial expansion, they could be included in the City's reservation of sewer capacity. MOTION PASSED BY UNANIMOUS VOTE. REPORT RE RUBBISH PICKUP PILOT PLAN The City Manager reported that Livermore Disposal Company conducted a survey of a residential area consisting of approximately 400 dwell- ing units, concerning a pilot collection program using plastic bags and proposed curbside pickup. CM-33-27l January 3, 1977 (pilot Program - Rubbish Collection) It was the intention of Livermore Disposal Company to study the pilot program in an effort to compare the costs between plastic bag, curbside pickup service, and the current method. The survey indicated that 240 dwelling units would participate in the pilot program, l26 would not, and 24 were not contacted. The company feels that due to the negative response, valid or reliable statistics could not be gathered from the pilot program and they recommend that the pilot program study be cancelled. The suggestion was made that perhaps the Livermore Disposal Company should do a survey in another area of town. Mr. Alberti indicated that the company could conduct the survey in a different area of town, but unless everyone would be willing to cooperate, accurate statistics could not be gathered. Mr. Parness commented that a pilot program was conducted in the City of Fremont with less than 5% rejection in participation be- cause this type of service was mandatory. This will probably be the only way such a program could be a success in Livermore. Item was noted for filing. RECESS Mayor Tirsell called for a brief recess after, which the Council meeting resumed with members present, as during roll call. CONSENT CALENDAR Report re Employee Vacation Purchase The Council approved the request of Officer John Brady, to sell vacation time because of financial difficulties. Report re Red Baron Restaurant Sign The Council approved the request for modification of the free- standing sign on I-580, to conform to an exhibit presented by the Design Review Committee, for the Red Baron Restaurant. Cm Turner expressed opposition to the sign because he believes the Red Baron is not highway oriented. Report re County Reimbursement for Unpaid Fines & Forfeitures In 1974 the City annexed property on both sides of I-580 in the vicinity of the weighing station. Staff investigation has revealed that fines assessed by the weighing station were not being partially apportioned to the City, as is required by state law. The amount owed to the City during the two year interim, until the oversight was detected amounts to $86,24l.35. The Council adopted a resolution authorizing settlement of claim, as recommended by the City Manager. RESOLUTION NO. 3-77 A RESOLUTION AUTHORIZING SETTLEMENT OF CLAIM (Fines & Forfeitures from CHP Scales) CM-33-272 January 3, 1977 Res. Auth. Notice of Completion - Airport Hangars The Council adopted a resolution authorizing Notice of Completion to be filed concerning the airport hangars, Phase III. RESOLUTION NO. 4-77 A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF PUBLIC WORKS TO RECORD NOTICE OF COMPLETION RE AIRPORT HANGARS PHASE III. Res. Auth. Exec. of Agree. - Vasco Signals The Council adopted a resolution authorizing execution of agreement for interim traffic signals at East Avenue and Vasco Road. RESOLUTION NO. 5-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREE- MENT (County of Alameda - Traffic Signal) Departmental Reports The following Departmental reports were submitted for informational purposes: Building Inspection Department - November Mosquito Abatement District - September, October, November Municipal Court - October and November Police and Pound Departments - October P.C. Minutes - ll/16 and ll/30/76 The Council received copies of the minutes of the Planning Commission meetings of November l6, and November 30, 1976. Payroll & Claims There were 84 claims in the amount of $lOO,970.l5, dated 12/20/76, and approved by the City Manager. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COUNCIL APPROVED THE CONSENT CALENDAR, WITH CM TURNER DISSENTING ON THE ITEM CONCERNING THE RED BARON RESTAURANT SIGN. MATTERS INITIATED BY THE STAFF (Grant for Overpass) The City Manager indicated that the City may receive a federal grant, but the City has not received official notice, as yet. CM-33-273 January 3, 1977 (re Grant for Overpass) Mr. Parness has tried to contact Congressman Stark concerning this item but was able to contact only the staff who could offer no in- formation other than what had been reported in the newspaper. This grant is an extremely important prospect and the project must be implemented 90 days following the receipt of official word. The City has a head start on the engineering for the over- pass which was done by DeLeuw-Cather, but a great deal more needs to be done. The state indicated that they may do the engineering as a contribution to the project because the overpass is located on a state highway. There is money within the grant for engin- eering services, but the state may go ahead with the engineering. He will be meeting with the people from the state Thursday to investigate this prospect. If the state cannot do the engineering in time to go out to bid within the time allowed, the City would have to retain other engineering services and he would recommend the retention of DeLeuw-Cather, if this is necessary. At this time he would like permission from the Council to talk with the CAL-TRANS people and if they cannot do the work, to discuss the matter with DeLeuw-Cather and then present some- thing for final adoption by the Council in a couple of days. The Council concurred. Mr. Parness briefly discussed the matter of the possible develop- ment of the City Administration Building, and it was noted that the City will be receiving revenue sharing funds in April and they have not been planned for any project, as yet. Also, the Council may decide to place a bond issue for this purpose on the next ballot which would be a consolidation with the School District ballot. The Council asked that this item be placed on the agenda for discussion by the Council sometime in February. MATTERS INITIATED BY THE COUNCIL (Dogwood Park Problems) Cm Turner commented that he has received complaints concerning the Dogwood Park site property. The City agreed to sell the property, but in the meantime it is being vandalized and there are many problems concerning the vacant property. Cm Turner wondered if the City is doing anything to get the property sold. Mr. Parness indicated that the City is trying to sell the property and Mr. Lee would be able to report on the status of the sale. em Turner asked that Mr. Lee send a memo to him concerning this item rather than to take up Council time. CM-33-274 January 3, 1977 (Selection of Planning Director) Cm Turner wondered if the Planning Commission, or at least the Chairperson, could be present during the interviews for a new Planning Director. Mr. Parness indicated that applications will be received through the month of January, and he will be getting back to the Council on this item. (Letter Concerning East Avenue Bike path) em Turner stated that in the Council packet, the Council received a letter from a gentleman concerning the East Avenue bike path. He would suggest that there be a staff report on this item. Mayor Tirsell stated that she wanted to discuss this with Mr. Lee also, because there are areas out along East Avenue which are extremely rough. Mr. Lee explained that the rough areas are due to the undergrounding of utilities, and as the City inspects them, they are making sure that the surface is smooth and acceptable. He would assume that the County is doing the same with the areas they inspect in the County portion of East Avenue. Mr. Lee will check with the County concerning this item and will report back to the Council. (Fee Schedules) Cm Turner asked if Mr. Gorland is still working on the fee schedules with the Industrial Advisory Committee and Mr. Gorland indicated that they are waiting for information from the Public Works Depart- ment as to the basis of the fee. Mr. Lee commented that a study has been completed on the sanitary sewer connection fee, which will be circulated to staff members for preliminary review before submitting it to the Council. A lot of work has been done on the evaluation of the storm drain fees, a report has been prepared, and it is being worked on again. Hopefully, something will be ready for the Council soon. Cm Turner asked for a status report in 30 days, concerning the original request. (January l7th Meeting) Cm Turner noted that he will not be able to attend the meeting of January l7th, as he has made another committment on that date. (Holding Tanks) Cm Kamena asked that there be an agenda item concerning interim holding tanks, until the cease and desist order is lifted. (Highway Signs) Cm Staley mentioned that at the time of the discussion over the Holiday Inn sign, there was interest expressed by the Council CM-33-275 January 3, 1977 (Highway Signs) to lease state right-of-way property for the purpose of the placement of signs indicating, gas, food., etc. He would like to know what happened to this idea. It was noted that the staff is working on the item. (Home Occupation) Cm Staley stated that a few weeks ago, people attended the meeting and spoke to the Council relative to Debbie's Ice Cream, and a home occupation type of business. It is not clear whether they have a home occupation permit, or not, and the staff was going to do some investigating. He would like to know what the staff found out. Mr. Gorland will be reporting back to the Council on this item. (Complaint re Literature Left on Door) em Staley reported that he has received a complaint about literature being left on the door or left on doorsteps. This is an indication to burglers that people are not at home. The person has contacted the Police Department and was informed that there is a City ordinance prohibiting this type of activity. Mr. Reiners commented that there is a Handbill Ordinance in effect. He is not sure how broad the interpretation might be but he will check into the matter and report back to the Council. (LAVWMA) Mayor Tirsell reported on the meeting held in Sacramento with the State Water Quality Control Board Chairman. She felt that little was resolved. East Bay dischargers were present and were upset because LAVWMA had not made a determination as to whether or not they are in or out of the East Bay Discharges Project. EBD was upset over the City's restudy of the alternatives for sewage disposal, and it was explained that Livermore felt this had to be done in light of the fact that the state would fund only the most cost effective project, which was confirmed by Larry Walker who indicated that this was prudent because the state would have required the restudy anyway. There will be a LAVWMA meeting on January l3th, a LAVWMA public meeting on January l5th, a Council meeting on the l7th and a LAVWMA meeting with the Council on the 19th. ORDINANCES Item 7.1, ordinance extending Ordinance No. 897, was adopted after the public hearing. Item 7.2, regarding fee paYments was postponed at the request of the City Attorney. CM-33-276 January 3, 1977 (Ordinance s) ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE MUNICIPAL CODE AMENDMENT RELATIVE TO FIRE SERVICE CONNECTIONS INSIDE AND OUTSIDE THE CITY, WAS ADOPTED. ORDINANCE NO. 909 AN ORDINANCE AMENDING CHAPTER 24, RELATING TO WATER, OF THE LIVERMORE CITY CODE, 1959, BY THE AMENDMENT OF SECTIONS 24.46, RELATING TO FIRE SERVICE CONNEC- TIONS INSIDE THE CITY, AND 24.47, RELATING TO FIRE-- SERVICE CONNECTIONS OUTSIDE THE CITY. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE MUNICIPAL CODE AMENDMENT RELATIVE TO LICENSE APPLICA- TIONS - CARD ROOMS AND TAXI PERMITS, WAS ADOPTED. ORDINANCE NO. 910 AN ORDINANCE AMENDING CHAPTER 6A, RELATING TO CARD ROOMS BY THE AMENDMENT OF SECTIONS 6A.4, RELATING TO DENIAL AND APPEAL FROM DENIAL OF APPLICATION FOR CARD ROOM LICENSE, AND 6A.9, RELATING TO DENIAL AND APPEAL FROM DENIAL OF CARD ROOM WORK PERMIT; AND AMENDING CHAPTER 22, RELATING TO TAXICABS AND OTHER VEHICLES FOR HIRE, BY THE AMENDMENT OF SECTION 22.22, - RELATING TO QUALIFICATIONS FOR DRIVER'S PERMIT, ALL OF THE LIVERMORE CITY CODE, 1959. CITY MANAGER STATUS REPORT Public Works The new engineering firm for LAVWMA visited the City and discussed the City's reclamation program. This has not been discussed with them in the past and some of the things the City is doing are new to them. Traffic Signals The traffic signals at "P" Street and Railroad Avenue have been installed but they are on two-phase at this time. The actuation material will not be installed until Railroad Avenue has been extended. Rain Mr. Parness has been informed that the City has received l.5 inches of rain over the last two days, which is a welcome addition to the Valley. Airport The T-Hangars are completed and are occupied. There is a long waiting list for other T-Hangers, when they can be afforded. Personnel There has been in excess of l30 applications for the position of Assistant to the City Manager. The final date for filing was December 3l, 1976, and the staff is in the process of screening the applicants, and hopefully the position can be filled by the end of the month. CM-33-277 January 3, 1977 The City has received about 17 applications for the position of Planning Director, as a result of information listed in technical journals for about a two week period. Salary Negotiations Salary negotiations on the fire and police contracts which expired on December 31, 1976, are continuing. Negotiations are slow but hopefully this item can be completed soon because both departments have been informed that the Council is not favorable to the question of retroactivity. Annual Audit In the Finance Department, the annual audit is underway and this information should be available to the Council in about a month or six weeks. Law Enforcement Mr. Parness has been discussing the problem of vandalism with the Chief of Police. Vandalism is being seen in all parts of the City, but particularly the Springtown area. The Chief is aware of the problem and is trying to emphasize increased en- forcement. This is a problem common in all cities and is not necessarily related to the number of man hours of enforcement imposed. Mr. Parness has suggested that the Police Department continue public relations work and school appearances, which they are looking into at this time. Also, neighborhood meetings with parents would possibly be helpful, and this will probably be done in the Springtown area. The Police Department is conducting a beat survey. This is something that has not been done for some time and there is an important internal adjustment that will be made. The highest incidence of crime is in the Leahy Square area and the Police Department is working in close cooperation with the management and the board, and are trying to imple- ment a number of types of programs for the benefit of the residents of that area. ADJOURNMENT There being no further Council business, the meeting was adjourned at 10:l5 p.m. to an executive session to discuss litigation. APPROVE '-I~ A., --m ~~ d.1 -/" ./ Mayor ATTEST CM-33-278 Regular Meeting of January 10, 1977 A regular meeting of the Livermore City Council was held on January 10, 1977, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:l0 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. MINUTES - 12/20/76 P. 259, next to last paragraph, add to the motion that the City will also loan the video tape because the original tape can be retained in archives by the City; the staff was also directed to contact the School Board to request release time. ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF DECEMBER 20, 1976, WERE APPROVED, AS CORRECTED. SPECIAL ITE~1 RE VOLUNTEER SERVICES Betty Stallings, from the Volunteer Bureau, presented information concerning the history of the Volunteer Bureau, the pledging sources and a proposal for possible expansion of the use of volun- teers within the City departments. Slides were viewed which illustrated various volunteer efforts and Mrs. Stallings indicated that there are about 60 volunteer programs in the valley for which they keep up-to-date files of jobs which need to be filled. The purpose of the Bureau is to to take care of human needs with human resources in the community. Mrs. Stallings cited instances in which volunteer resources have been able to meet human needs and explained some of the programs that volunteers are involved in. She also explained the financial aspects of the Bureau and indicated that they would like to have volunteer service from the City Administration, adding that Barbara Hemple is doing volunteer work at City Hall and was instrumental in coordinating two major grant proposals for the City - the overpass and the City Administration Building. The Council thanked Mrs. Stallings for the presentation and noted that the citY.1s anxiously awaiting the $1.5 million grant which Barbara Hempew worked 9n. The City is very appreciative of the work done by Mrs. HeM-ptti-. It was suggested that someone from the staff be selected to work with Mrs. Stallings, to determine what staff needs might be and how volunteers could work with the City staff. It was requested that this item be placed on the agenda for discus- sion by the Council. CM-33-279 January lO, 1977 OPEN FORUM (Texaco Sign) Jerry Wilverding, 4886 Primrose Lane, asked if the staff looked into the matter of the Texaco sign on Bluebell. He had reported that the sign is not parallel to the street as required by the ordinance. Mr. Gorland indicated that the staff has not had the opportunity to visit the site, as yet. (Reversing Agenda) Mr. Wilverding stated that he has asked the Council if they would consider reversing the format of the agenda so that Matters Initiated appears earlier in the meeting. The Council asked that the item be placed on the agenda for discussion in two weeks. Mr. Christmas indicated that the City Manager has one of the most important jobs in the City and he believes the citizens should be able to hear what he has to report. He would support a change in the format placing Matters Initiated and the City Manager's report toward the first part of the meeting. CONTINUED P.H. RE ZOo ORD. AMEND & EIR IN AREA AROUND INTERSECTION OF BLUEBELL DR. - PROPERTY NORTH OF 1-580 Mayor Tirsell reported that the public hearing concerning the area north of I-580, in the general area of the intersection of Bluebell Drive. She asked if there is anyone in the audi- ence who would like to offer public testimony. Burke Critchfield, attorney, indicated that many years ago he represented Sproul Homes, the owner of a portion of the property which is the four acres of property adjacent to the Texaco sta- tion. His client has been paying property taxes based on com- mercial zoning and he has asked Mr. Critchfield to object to a change in the zoning which would remove his opportunity to have commercial development on his property, by changing it to Commercial/Office District. They believe there would be little need for CO in this area because a new commercial office complex is presently being developed at Holmes Street and Concannon Boulevard. On behalf of his client he is objecting to the proposed rezoning from OS-A to CO. It was noted that Mr. Critchfield is referring to Item 4, which is the area bounded by the City Limits on the west, Lassen Road on the north, Springtown Boulevard on the east, and 1-580 on the south. The property was zoned Commercial District for one year only, after which time it was reviewed by the Council and decided that there was too much commercial property in that area and allowed the property to revert back to the OS-A designation. Mr. Critchfield explained that his client requested the CO, it was granted, and then the property reverted to OS-A. How- ever, the County has not changed the tax rate even though the zoning changed, and his client is very distressed that he is paying taxes for commercial property rate but cannot develop the property commercially. CM-33-280 January 10, 1977 (P.H. re Zoo Ord. Amend. & EIR - Springtown Area) Mr. Critchfield was asked if his client has tangible evidence that the property may be developed commercially, if the Council were to allow an extension on the previous Commercial designation. Mr. Critchfield indicated that a group was interested in developing the property and they talked to the County about rezoning additional property for parking purposes. The group is still interested in developing. It was explained that the City is interested in rezoning properties to conform to the General Plan and to zone for the best intended use. Mayor Tirsell asked for public testimony concerning the property located north and south of Bluebell Drive, east of Las Flores Road, from OS-A to RG-l6. Tom Baldwin, Livermore, indicated that he would be in favor of this rezoning. Dave Wanberg, Livermore, commented that he was irritated that the public hearing was postponed from last week because he has been waiting six months to have this matter taken care of. THERE BEING NO FURTHER TESTIMONY FROM THE PUBLIC, ON MOTION OF CM KAr1ENA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. The Council discussed the following areas, with separate motions for each area: 1) Area south of Bluebell Drive, east of Las Flores Road, from OS-A to RG-l6. Prior to discussion it was pointed out that all of the areas are recommended for rezoning, as they appear in the General Plan. In order to be in conformance with state law the Council must amend the General Plan to whatever zoning is requested, or change the zoning to conform with what is shown on the General Plan. ON MOTION OF CM TURNER, SECONDED BY C~1 STALEY AND BY UNANIMOUS VOTE, THE AREA DESCRIBED ABOVE WAS APPROVED FOR REZONING FROM OS-A, TO RG-l6, AS RECmmENDED BY THE PLANNING Cm-iMISSION. 2) Area northwest of 1-580 and Las Flores Road, from OS-A to CS District. ON MOTION OF CM KA~mNA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, THE AREA WAS APPROVED FOR REZONING FROM OS-A, TO CS DISTRICT, AS RECOill~ENDED BY THE PLANNING COMMISSION. 3) Area north of proposed "CS" zoning, bounded on the south and west by I 580/Springtown Boulevard, Bluebell Drive on the north, Las Flores Road on the east, from OS-A to CN. ON rlOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE AREA WAS APPROVED FOR REZONING FROM OS-A, TO CN, AS RECOMMENDED BY THE PLANNING COMMISSION. 4) Area bounded by the City Limits on the west, Lassen Road on the north, springtown Boulevard on the east, and I-580 on the south; from OS-A to CO. The City Attorney was asked if it would be consistent with the Commercial designation in the General Plan, to place this in Open Space-Urban Reserve. CM-33-28l January 10, 1977 (P.H. re Zoo Ord. Amend. & EIR - Springtown Area) The City Attorney commented that Open Space-Urban Reserve would be consistent, but OS-A would not be consistent. It was suggested that the Council discuss the concept of placing this property in Open Space Urban ~eserve because at one time it was intended for urban development. CM DAHLBACKA MOVED THAT THIS ITEM BE REFERRED BACK TO THE P.C. FOR THE PURPOSE OF CONSIDERING OPEN SPACE- URBAN RESERVE STATUS, SECONDED BY CM STALEY. ~ ~~ (1 ~ Mayor Tirsell argued that in discussions during the General Plan review it was determined that this property is the quadrant of a freeway system and that the best use was This was also recommended by the P.C. and she will vote against the motion. It was suggested that the City Attorney review the wording of the ordinance to find the precise wording and to determine if it is or is not consistent with the General Plan to rezone to OS-UR. MOTION PASSED 4-1 (Mayor Tirsell dissenting). 5) Public rights-of-way resulting from extending the zoning lines to the center of applicable freeway or other roadway; from OS-A to RG-l6, CS, CN, al~ .where applicable. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE ABOVE RECOMMENDED REZONING WAS APPROVED, AND THE COUNCIL ACCEPTED THE PLANNING COMMISSION RECOMMENDATION RE- GARDING THE CERTIFICATION OF NEGATIVE DECLARATION. PUBLIC HEARING RE HCDA FUNDS FED. GRANT REVISION The City Manager reported that an increase in federal appro- priation means the City will recieve $389,060, rather than $302,680, for the 1976-77 fiscal year. Federal regulations state that any revision in the grant program requires a public hearing. It is recommended that at the close of the public hearing the Council adopt a resolution accepting the additional funds and recommending the necessary grant modification. Mayor Tirsell opened the public hearing and asked for testi- mony from the public concerning the increased amount of funds the City will be receiving for the multi-service center. THERE BEING NO PUBLIC TESTIMONY, ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. CM TURNER MOVED TO ADOPT A RESOLUTION ACCEPTING THE ADDI- TIONAL FUNDS AND RECOMMENDING THE NECESSARY GRANT MODI- FICATIONS. MOTION SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. RESOLUTION NO. 6-77 A RESOLUTION AUTHORIZING MODIFICATION OF GRANT APPLICATION AND ACCEPTANCE OF ADDITIONAL HCDA FUNDS CM-33-282 January 10, 1977 COMMUNICATION RE JAYCEE WEEK A letter was received from the Livermore Jaycees asking that the City proclaim the week of January 16 through 22, Jaycee Week. The City Clerk was asked to prepare a proclamation which can be issued next week. The Mayor thanked ~1r. Gib Souza, on behalf of the City, for the outstanding work the Jaycees have done for the City of Livermore. HERITAGE GUILD PROGRESS REPORT The Livermore Heritage Guild submitted a progress report concerning the Duarte property. The report indicated that the Guild has done a lot of work and enlisted the aid of many volunteers in getting the old Duarte garage ready for use. The Council thanked Janet Newton for the report and the hard work that has gone into the project and the comment was made that the Guild has been very frugal with their money. Cm Turner commented for the record that he appreciates the good planning that has gone into the project and the fact that the Guild has raised money for the project without requesting use of public funds. COMMUNICATION RE LAVWMA CLEAN WATER PROJECT GRANT The Council received a copy of a letter sent to Mr. Don Miller from the State Water Resources Control Board concerning the Livermore-Amador Valley Clean Water Grant Projects. The letter was noted for filing after an explanation from the City Manager as to what the five year restriction on E-O projections means. CO~MUNICATION RE BEVERAGE CONTAINER LEGISLATION The Council received a copy of Senator Rains' bill, SB 4, concern- ing beverage container legislation. The bill has been rewritten and Mr. Parness suggested that he be allowed to draft a letter of support for this legislation, once again, which can be sent to the various committees. It was mentioned that Mill Valley intends to adopt a local ordi- nance and perhaps the City should ask for a copy of their proposal. NOTICE OF HEARING RE CITY SE~R SYSTEM The City received a notice of a public hearing to be held by the Regional Water Quality Control Board concerning the City's sewer system and consideration of removal of the cease and desist order. The hearing will take place at 12:00 noon on January 18, in San Francisco. CM-33-283 January lO, 1977 (re Hearing re Cease & Desist) It was mentioned that when the hearing takes place it will be prior to the meeting with LAVWMA at which time the Joint Powers Agreement will be discussed. This may mean that the time schedule has been violated but possibly there will be something to report concerning what the engineers have reported and what action the Council is taking. RECESS Mayor Tirsell called for a brief recess, after which the Council meeting resumed with all members of the Council present. REPORT RE C~PAIGN STATEMENT RE CONTRI- BUTIONS & EXPENDITURES As a result of the Supreme Court decision concerning campaign contributions and expenditures (Buckley v. Valeo) the City needs to make revisions to the ordinance to conform to the decision. The Council agreed to review the ordinance, page by page, making modifications as mentioned below: The City Attorney explained that Section 2.50.2 of the old ordinance relative to the prohibition of contributions by corporations, was deleted. This was due to a misunderstanding of the federal and state laws, which he then explained to the Council. The Council reviewed each page, with the City Attorney explain- ing what changes have been made. Any changes made by the Council will be listed below: Page 1. - Acceptable Page 2. - Section 2.49, reinsertion of the definition of Natural person. There was discussion concerning the definition of "natural per- son" and whether or not the committee is considered a person for the purpose of contribution. It was also mentioned that perhaps there should be a clause inserted providing for the carry-over of any remaining balance for some future election. Page 2. (b) Election Period, there will be a clause inserted by the City Attorney to cover reporting of any carry~ver balance. Page 3. (f) Contribution Larry Bakken, Livermore, commented that fair political practice definition should be included and the City Attorney was asked to check into this. Page 4. - Acceptable Page 5. - (1) The full name will not be required. The Council asked that Item (I) read: The name, complete mailing address, occupation, place of employment, and business address if self-employed, of any person......etc. CM-33-284 January lO, 1977 (re Campaign Statement Expenses & Contributions) The Council discussed the m1n1mum amount of contribution to be reported, which presently lists one dollar ($l.OO) or more. There was disagreement concerning the philosophy of reporting small contributions and the suggestion was made that perhaps there could be a category for unnamed contributors with a certain limit. Jerry wilverding, 4886 Primrose Lane, stated that nobody should be ashamed to have their name listed if they are willing to contribute money to a candidate and the $l amount should be reported. Mr. Dick Christmas, 394 Pearl Drive, stated that the campaign committee shouldn't have to bother to list contributions under $10. Don Miller commented that listing contributions of $lO or more does not provide for the large groups of people or classes who may contribute $9 towards a campaign in order to avoid being listed. There could be 100 people contributing $9 to a candidate and the public would have no way of knowing that a certain group contributed that amount of money. If he were a candidate he would like to know the names of all the people who contributed money for his campaign and the public has a right to know which citizens are supporting which candidate. 1) CM DAHLBACKA MOVED TO CONTINUE WITH REPORTING THE ONE DOLLAR OR MORE CONTRIBUTIONS. MOTION SECONDED BY CM TURNER. 2) MAYOR TIRSELL MOVED TO AMEND THE MOTION TO INCLUDE A CATEGORY FOR UNNAMED CONTRIBUTIONS WITH A $25 TOTAL AGGREGATE FOR THE ENTIRE CkMPAIGN. AMENDMENT SECONDED BY CM KAMENA. .so 3) CM STALEY MOVED TO AMEND THE AMENDMENT TO ALLOW A $~ TOTAL AGGREGATE, FOR THE UNNAMED CATEGORY. AMENDMENT SECONDED BY CM KAMENA. Mr. Miller suggested that there be no category for unnamed contri- butions because people do not have to contribute money to help a candidate. Full disclosure is the principle and the new category is a way of violating the principle. 3) AMENDMENT TO THE AMENDMENT - NOT TO EXCEED $50 PASSED 3-2 (Cm Turner and Dahlbacka dissenting). 2) AMENDMENT ESTABLISHING UNNAMED CATEGORY FOR A $50 TOTAL AGGREGATE PASSED 3-2 (Cm Turner and Dahlbacka dissenting). 1) MAIN MOTION PASSED 4-1 (Cm Staley dissenting) . Page 5. (2), (3), and (4) - Acceptable. Page 6. - Section 2.50 Anonymous Contributions - The clause providing for the disposition of anonymous contribu- tions was inadvertently deleted from the ordinance. Anonymous contributions revert to the City and this will be included in the final draft. Section 2.50.l was inadvertently deleted and will also appear in the final draft. CM-33-285 January 10, 1977 (re Campaign Statement Expenses & Contributions) Page 5. - Section 2.51 (a) Acceptable (b) Acceptable - $35 was inserted in the blank space Section 2.52 - Acceptable as the ~$~~ Page 7. - (a) (b) - Discussion: Larry Bakken suggested that relative to the filing dates, he would suggest that rather than have one filing date for the FPPC and one for the City, the City could accept another filing date such as five days prior to the election but not require a cumu- lative amount on a separate system. There can be one calendar with the inclusion of another filing date so that the figures can easily be added on. The City Clerk explained that the FPPC allows certain requirements and if the Council changes them, another form will be necessary. The second form is what every- one is complaining about and would like to avoid. Mr. Miller stated that he and Mr. Bakken feel that the state form can be used, filled out down to $l. The state will accept this, it should be acceptable to the City, and this will require the filing of only one form. Council concurred. Section 2.52.1 - Acceptable Section 2.53 - Acceptable Page 8. - Second indented paragraph shall be changed to read as follows: Failure to file on/before the day before taking office by a successful candidate........etc. Section 2., and 3. - Acceptable Page 9. - Acceptable. The final draft of the ordinance will be coming back to the Council for approval. The Council briefly discussed the prOV1S1on of a Deficit Fund Raising Category, and no direction was given to include such a provision. RECESS Mayor Tirsell called for a brief recess, after which the Council meeting resumed with all members of the Council present. APPOINTMENTS Mosquito Abatement ON MOTION OF CM STALEY, SECONDED BY MAYOR TIRSELL AND BY UNANIMOUS VOTE, THE COUNCIL SELECTED JIM DOGGETT TO SERVE ON THE MOSQUITO ABATEMENT DISTRICT BOARD. CM-33-286 January 10, 1977 (Appointments) The resolution appointing Mr. Doggett to the District will appear on the Consent Calendar next week. REPORT RE ISSUANCE OF PERMITS RELATIVE TO SEWER CONN. ORDER AND USE OF HOLDING TANKS The City Manager reported that in view of the current cease and desist order concerning sewer connections, a policy decision must be made as to whether or not building permits are to be issued by the City even though the permit would contain an attached signed acknowledgement by the applicant of the connection ban. The benefit of the issuance of building permits would be to allow continued construction during the ban period with the anticipation that the order would be lifted in the near future. It is the recommendation of the City Attorney that either all building permits should be issued or none at all, during the time the order is in effect. One problem that must be resolved is the development fees which includes sewer connection fees that must be paid at the time of issuance of the building permit, without later connection rights. It was noted that the effective date of the cease and desist order reverted back to November 24, 1976. At that time there were five building permits ready to be issued. The City Attorney has con- tacted the Regional Water Quality Control Board and they do not view the building permit as an adjunct to a sewer connection permit. The Council agreed to combine the discussions concerning the issuance of building permits and the allowance of the use of holding tanks since the two are related. Mr. Lee indicated that the standards for a holding tank would be 1) that it is water tight, 2) size would be based on the quantity of effluent anticipated by the user, 3) economic considerations as to how often it would have to be emptied which would be based upon how long it should be held. The location would be someplace on the owner's property and the depth would be sufficient to be functional and normally the tank would be buried. Mr. Lee was asked if the County has standards concerning holding tanks and he indicated that he isn't sure, but they would have to be approved by the Counyty. Gill Stratton from the Alameda County Health Department indicated that the County does have standards for holding tanks which have been used under extreme conditions and were designed for use in remote areas in which septic tanks or municipal service was in- accessible. Vast quantities of holding tanks were used in.Dublin and in the beginning there were health problems involved until the Health Department got everything under control, but holding tanks are not the best way for handling sewage. The County stan- dards are acceptable standards; however, there is always the poten- tial for problems. The question was raised as to whether a connection represents a new connection or just a redistribution of effluent flow in the Valley. If it is a redistribution, the building permits should be allowed but if it is additional flow they should be considered under a different policy. CM-33-287 January lO, 1977 (re Building Permits & Holding Tanks) The City Attorney commented that as soon as the Council begins making distinctions between people who are ready to connect, the potential for litigation does increase and it is difficult to assess the merit of this type of litigation. Discussion followed concerning the use of holding tanks and the cost involved in disposing of the effluent. The City Attorney commented that the practical limitation has controlled the use of holding tanks for residential, as opposed to industrial, and primarily it has not been controlled by legal means. The City Attorney commented that in speaking with the people from the Regional Board, it appears that they become upset when a city decides to do something that would appear to be flaunting of a cease and desist order. If the City were to allow.. holding tanks it might upset bhe Board and cause them to strengthen their position concerning the cease and desist order. CM STALEY MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDI- NANCE TO ALLOW THE USE OF HOLDING TANKS, STANDARDS FOR THE TANKS, AND TO BE USED ONLY IF THE CEASE AND DESIST ORDER IS STILL IN EFFECT AT THE TIME SEWAGE IS NEEDED. THERE SHOULD BE A REQUIRE- MENT THAT UPON 60 DAYS NOTICE, ANYONE CURRENTLY USING A HOLDING TANK WILL BE REQUIRED TO CONNB€T TO CITY SEWAGE WHEN THE CEASE AND DESIST ORDER IS LIFTED, AND THAT THERE BE AN INDEMNITY AGREE- MENT FOR ANYONE USING HOLDING TANKS, TO INDEMNIFY THE CITY FOR ANY LITIGATION OR PROBLEMS RELATIVE TO FAILURE TO PROPERLY DISPOSE OF THE SEWAGE. MOTION SECONDED BY CM KAMENA. It was mentioned that the cost of a holding tank would be excessive and that single dwelling units would not likely request the use of holding tanks; therefore, the motion would primarily benefit commercial/industrial development. Discussion followed concerning the motion and it was mentioned that in contacting people who have delt with holding tanks, it was reported that this method is a successful means of taking care of sewage as long as the standards are adhered to. It allows an area to meet the needs of commercial/industrial development, and there is no danger as long as it is handled properly. Because of the cost ($40,000/month for Howard Johnsons) single family dwelling units cannot usually afford this type of service. Concern was expressed over the political implications of doing something the Regional Board may not like, and the possibility of the Board prolonging the cease and desist order because of this type of action on the part of the Council. The suggestion was made that perhaps the best move at this time would be to continue the item for another month and at that time if there are still no connections allowed, the Council can dis- cuss some course of action. It was pointed out that from the viewpoint of the Regional Board, their policy is to issue a cease and desist order to any city who is not in compliance with the NPDES permit. This City Council would not be very happy if an applicant found a good way to circumvent the public works requirements or any other item the City imposes, and this would be the same type of thing the City is discussing now. CM-33-288 January 10, 1977 (re Building Permits & Holding Tanks) The argument was presented that if the Board did not want the City to use holding tanks this would have been made a part of the cease and desist order. It was explained that they do not have the authority to say that holding tanks cannot be used. The other argument was made that the City has a responsibility to allow development to continue and holding tanks would only be an alternate means of handling the sewage until the cease and desist order could be lifted. Discussion continued concerning the two different views expressed by the Council, with reasons given to support the two views. Bill Manis, 2363 Chateau Way, stated that he would really like the City to allow development to continue with the use of holding tanks because this would be the only assurance available to the lenders and the developers, for taking care of sewage upon com- pletion of a project. He has heard that the City will be able to meet some of the timetables, as required by the NPDES permit, and it may be possible that by the time development is complete the ban will be lifted. In the meantime, this gives developers the promise that the sewage can be disposed of in some way. Earl Mason, Associated Professions, stated that he read the cease and desist order and it indicates that there could be a partial lifting if the time schedule is met. His interpretation is that the order would release, for sewer permits, any projects which applied for a building permit, prior to November 24th, but lenders will not lend money without some assurance of an alternate sewer connection. He also read a letter from a potential developer who would like to develop a 25,000 sq. ft. warehouse to service the industrial area but who will build the warehouse elsewhere unless the Council can assure him of some type of sewage. He has agreed to the use of a holding tank if this can be approved. The City Attorney commented that the cease and desist order is for an indefinite period of time and that it could extend up to a period of five years, or actually as long as they wish. He would suggest that if a developer is to be allowed the use of a holding tank he should be informed of the cost and respon- sibilities involved in disposing of the effluent, to protect the City. The comment was made that the cease and desist order was issued because the Regional Board does not want the City to continue pumping water down the Alameda CreeK. They probably would not view the allowance of holding tanks as a flaunting of the order. The suggestion was also made that the Council should provide for the repeal of the ordinance, once the cease and desist order is lifted to prevent people from continuing to use holding tanks as an alternate method of handling sewage. The suggestion was made that rather than to make a decision this evening, the ordinance could be voted on the week after the Regional Board Hearing. The hearing will take place on January l7th and the Council could make a decision on January 24th. CM TURNER MOVED TO CALL FOR THE QUESTION. MOTION DIED FOR LACK OF A SECOND. CM-33-289 January lO, 1977 (re Building Permits & Holding Tanks) CM KAMENA MOVED TO AMEND THE MOTION TO REPEAL THE ORDINANCE 90 DAYS AFTER THE LIFTING OF THE CEASE AND DESIST ORDER. CM STALEY AGREED TO INCLUDE THIS AS PART OF THE MOTION AND SECOND MADE BY CM KAMENA. Don Miller indicated that the Regional Board is not a reasonable group and that they have acted arbitrarily in the past. The Council should not assume that they will think this type of action taken by the Council is rational. If the City pro- vokes the Regional Board they can extend the length of time for the cease and desist order and they can amend the MPDES so that the City could never meet the requirements. He felt it would be better, both from a legal standpoint and a political standpoint to be sure before taking action to allow holding tanks. Discussion followed concerning the possibility of setting a pre- cedent and the comment was made that the City may get into the legal problem of distinguishing between uses if the City intends to allow industrial to have the holding tanks and tries to dis- courage the use for residential development. CM DAHLBACKA MOVED TO CONTINUE DISCUSSION OF THE ITEM UNTIL JANUARY 24, 1977. MOTION SECONDED BY MAYOR TIRSELL. em Turner indicated that he would like to call for the question and there was discussion over whether or not the motion and second to continue must be honored, without further debate. The City Attorney advised that an item can be continued until the next regular meeting, unless it is defeated by a 4/5 vote. MOTION RULED OUT OF ORDER AND SECOND WAS WITHDRAWN. CM DAHLBACKA MOVED TO CONTINUE FOR ONE WEEK. MOTION SECONDED BY MAYOR TIRSELL. !PI: ~edL Mayor Tirsell direct:grthe staff to prepare something for the agenda next week, if possible. MOTION TO ADJOURN MEETING CM STALEY MOVED TO ADJOURN THE MEETING AT 12:35, WITH CONTIN- UANCE OF THE MMAINING ITEMS UNTIL JANUARY l7TH. MOTION SECONDED BY CM TURNER. MOTION PASSED 3-2 (Cm Dahlbacka and Mayor Tirsell dissenting). APPROVE ADJOURNED AT * l2:35 P.M. MEETING Ih ft~MaYOr ATTEST Cl.ty C erk rmore, California CM-33-290 REGULAR MEETING OF JANUARY l7, 1977 A regular meeting of the Livermore City Council was held on January 17, 1977, 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: Absent: Cm Dahlbacka, Kamena, Staley and f>1ayor Tirsell Cm Turner (Vacation) PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. HINUTES - 1/3/77 ON HOT ION OF C~" STALEY, SECONDED BY C~" KAHENA AND BY UNANIMOUS VOTE (Cm Dahlbacka abstaining due to absence) THE MINUTES FOR THE r-mETING OF JANUARY 3, 1977, WERE APPROVED, AS SUBHITTED. OPEN FORUM (re LAVWMA Project) Paul Tull, 2243 Linden Street, asked about the progress of the LAVWHA project and the ~1ayor indicated that the Council will be discussing the matter on Thursday, January 20th, with the LAVWMA Board and staff. cmiMUNICATION & REPORT RE LIVER~lORE RECYCLING CENTER A report from Lois Hill of the Livermore Recycling Center, indi- cates that profits for the Center have been very stable over the last few years. She also suggested that Livermore begin a more aggressive promotion program to increase volumes of materials recycled in the spirit of compliance with state recovery goals. Included in the report was a tabulation of the money received for various materials as well as the costs involved in the oneration of the Center, with comparisons made for 1975 and 1976. The Council, on behalf of the community, thanked Lois for the hard work that she has done personally and also for the work done in the operations of the Center. JAYCEE WEEK PROCLAMATION At the last Council meeting, Mayor Tirsell announced that the week of January l6 through 22, would be proclaimed Jaycee week. Mr. Pat Falcey was present at the meeting to receive the proclamation prepared by the staff and presented by the Mayor. REQUEST FOR SEWER CONNECTION AGREEHENT John Foscalina, 2340 Fifth Street, has requested a sewer connection agreement for property located east of Arroyo Road, at the extension of Concannon Boulevard, which is located in the County. CM-33-29l January l7, 1977 (re Request for Sewer Agreement - Foscalina) Mr. Foscalina stated that he went to the County for a permit and was told to go to the City for sewer connection because there is a line within 200 ft. of his property. The City has informed him that the policy of the City is not to service properties outside the City limits. The County then informed him that they would not make a decision until Mr. Foscalina appealed the matter to the Council. Mr. Parness explained that he has told the County that it would be part of the City's policy to require extension of the sewer line by Mr. Foscalina; however, any costs associated with the extension, in excess of the portion benefiting Mr. Foscalina, would be reimbursed over a term of years. The comment was made that allowance of a sewer connection out- side the City might be a serious precedent setting type of action and the City Attorney agreed that it would certainly be at odds with the adopted policy. Mr. Lee was asked what the public works requirements would be and he stated that Arroyo Road would have to be widened with the requirement that any internal streets would have to be constructed, with the extension of storm drains and sanitary sewer along the frontage of Arroyo Road. There may be some way out of these requirements for Mr. Foscalina but at this point he does not know what it might be. CM DAHLBACKA MOVED TO DENY THE REQUEST ON THE BASIS THAT IT IS CONTRARY TO EXISTING CITY POLICY BECAUSE OF THE LIHITED NUMBER OF SEWER CONNECTIONS AVAILABLE. ~10TION SECONDED BY MAYOR TIRSELL. The comment was made that even if the City did not have a policy to deny connection to people outside the City, there is a cease and desist order upon the City not allowing hookup to anyone. Perhaps if the motion passes, it will give Mr. Foscalina the opportunity to go to the County and obtain the septic tank permit. MOTION PASSED 3-0 (Cm Staley abstaining because of business connections with the applicant). COMMUNICATION & REPORT RE TRAFFIC SIGNALS AT MURRIETA & PORTOLA A letter from the Public Works Department of Alameda County indicates that traffic signal installation for the intersec- tion of Murrieta and Portola Avenue is number lO on their priority list. Mr. Lee reported that the staff will be meeting soon with the County staff to discuss the priority of projects in this end of the Valley. The Mayor suggested that the City communicate to Supervisor Raymond that the City would like to review the priority list of projects anticipated for our area and to request a meeting. Mr. Parness explained that on the agenda for next week, there will be a revised listing of County-City highway improvement programs and the traffic signalizations can be included. After this time the City could communicate with the County. Council concurred. CM-33-292 January 17, 1977 REPORT RE EXTENSION OF RAILROAD AVENUE A report concerning the extension of Railroad Avenue was submitted by the Director of Public Works. This is an item that is of con- cern to Cm Turner and the Council agreed to postpone discussion of the item until Januarv 24, 1977, to allow Cm Turner to take part in the discussion. ~ Mr. Hanesworth from Southern Pacific Development was present and commented that with respect to the internal circulation probelms of the shopping center, they are open to suggestion. At this point they are not sure of the beneficial effect the closing of the five parking stalls in front of Safeway has had with respect to the traffic problems. Andy Jorgensen, 509 Rincon Avenue, presented various instances in which camper trucks and other large trucks have caused stacking problems and that many problems have been caused by the parking of large delivery trucks during very early hours as well as very late hours in the evening. REPORT RE LIVERMORE ARCADE ENTRY HODIFICATION The developer of the Livermore Arcade Shopping Center has requested a modification of the site plan approval for some of the planned physical improvements along Railroad Avenue, and the staff has recommended that the modified site plan be approved. The Council reviewed the Arcade entrances with landscaping and brick~~rk. The Design Review Committee has reported that they would make the following recommendations: l) that the entrances should be adequately lit, 2) seating provided, 3) trees be planted, and 4) a parking lane designated on the north. Mr. Lee explained that the Council decided to have two moving lanes - one in each direction, with the outside lane to be used for bicycles. Discussion followed concerning the bicycle lanes. If there is to be a bike lane on site, then this means the lane on Railroad Avenue could be used for a second traffic lane, and this is what the engineers wanted all along. The comment was made that the Council was not aware of the on-site bike lane and this was one of the reasons the Council rejected the suggestion to have two lanes of traffic in each direction. The comment was made that the street bike lane would extend from "P" Street to E. Stanley Boulevard, but the on-site bike lane would begin at lip II Street and go as far as the last dri ve''1ay in the center. The Bikeways people feel that the street bikeway nrovides better service to the cyclists. The suggestion was made to keep the street bikeway, as planned, and in the future this can be changed, if problems develop. The comment was also made that perhaps the on-site bikeway would be adequate; however, it was pointed out that the Valley Spokesmen and the Livermore Bikeways Association gave testimony to the effect that they prefer to have a bike lane in the street. The argument was made that if there is an on-site bikeway provided and the City allows for a bikeway in the street, it seems that one would not be used. Perhaps the street bikeway should be used for parking if the on-site bikeway is determined to be adequate, with the curb moved back to allow parking. CM-33-293 January 17, 1977 (re Plans for Liver- more Arcade Shopping Center) IMr. Lee felt there would be serious problems involved in moving the curb back because the right-of-way width is set at 88 feet. The curbs are set at 68 feet. There are 10 feet between the face of the curb and the property line. CM DAHLBACKA MOVED TO ENDORSE THE PROPOSAL, APPROVING THE FOUR ITEMS RECOMMENDED BY THE DESIGN REVIEW COMMITTEE. MOTION SECONDED BY MAYOR TIRSELL, AND PASSED BY UNANIMOUS VOTE. REPORT FROM P.C. RE INDUSTRIAL DEVELOP. SOUTHFRONT ROAD A prospective industrial developer has appealed the current standards for street width and sidewalk installation on South- front Road. The matter was referred to the P.C. and a report has been submitted to the Council by the P.C., with the follow- ing recommendations: l. That the street width should be 40 ft. and the right-of-way width should be 56 feet. 2. A sidewalk on the south side of South front Road is imperative because the existing sidewalk on the north side is inadequate and lack of a sidewalk on the south side would reduce the potential for public transit and car pools because of the difficulty in getting from bus stops to places of work. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND UNANIMOUS VOTE, THE COUNCIL ADOPTED THE RECOMMENDATIONS OF THE PLANNING COMMISSION, AS LISTED ABOVE. REPORT RE FIRST ST. OVERHEAD/GRADE SEPARATION PROJECT The City has received unofficial notice of a federal EDA grant in the amount of $l,538,400, for the purpose of constructing the First Street Overhead Grade Separation structure. One of the conditions of the grant is that some form of construc- tion work must be undertaken within 90 days following the re- ceipt of official notice of grant approval. A great deal of work has already been accomplished in the planning and engineer- ing for the project and it is recommended that the Council adopt a resolution authorizing the retention of DeLeuw Cather and Company for engineering services. ON MOTION OF CM KAMENA, SECONDED BY C~1 DAHLBACKA, AND BY UNANI- UNANIMOUS VOTE, THE COUNCIL ADOPTED A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH DE LEUW, CATHER & COMPANY. RESOLUTION NO. 8-77 A RESOLUTION AUTHORIZING EXE- CUTION OF AGREEMENT (DeLeuw Cather & Company) CITY ~1ANAGER REPORT RE EMPLOYEE-EMPLOYER RELATIONS POLICY The City Manager reported that the employee-employer relations policy has been under consideration for several months. A CM-33-294 January 17, 1977 (re Employee-Employer Relations Policy) policy has ben drawn which is in conformance with state law governing labor relations of cities and extracts have been used from the model policy statement prepared by the League of Cali- fornia Cities and from other cities which have a proven and workable statement. The policy has been distributed to all employee organizations and it is recommended that the statement be adopted. ON MOTION OF CH DAHLBACKA, SECONDED BY CH KAMENA AND BY UNANPlOUS VOTE, THE COUNCIL ADOPTED A RESOLUTION RELATIVE TO EMPLOYER-EMPLOYEE RELATIONS POLICY. RESOLUTION NO. 9-77 EMPLOYER-EHPLOYEE RELATIONS RESOLUTION REPORT RE 911 EMERGENCY SYSTEM PARTICIPATION AGREEMENT The City ~1anager reported that for the past two years a study has been under way for the establishment of a sophisticated emergency telephone response system in Alameda County. The study, funded by the federal government, calls for a system on a pilot plan basis which will be the only one of its kind in the nation. Over an implementation period of about two years, an area within Alameda County would have a 9ll emergency responding system which includes selective routing of calls, automatic location identification, and automatic number identification features. Very little cost, if any, would be borne by the City for the new plan and it is recommended that the Council adopt a resolution authorizing execution of agreement with the County of Alameda for participation in the 9ll Emergency Telephone System. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED, AS RECOMMENDED BY THE STAFF. RESOLUTION NO. 10-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Emergency Telephone System) REPORT RE SALE OF DOGWOOD PARK SITE The City Attorney reported that with respect to the sale of the Dogwood Park site, if has been found that if park property is to be sold for private use, state law requires that the property first be offered to all park agencies, including local and state park agencies, and to the local Housing Authority. If it is still the intent of the Council to dispose of the property, the resolu- tion adopted by the Council should be modified. CM KAMENA MOVED TO PREPARE A RESOLUTION MODIFYING FORMER RESOLUTION NO. 176-76, SECONDED BY CM STALEY, AND PASSED BY UNANIMOUS VOTE. CM-33-295 January l7, 1977 REPORT RE BUSINESS LICENSE RE TELEPHONE SOLICITATIONS The Fire Fighters Union has contracted with a private firm to conduct telephone solicitations for the purchase of tickets to a carnival. A portion of the proceeds from the sales re- verts to the Fire Fighters Union and to the Buenas Vidas Youth Ranch. with the recent ordinance amendment the business license fee for this type of operation would be $20 per day. Since the soliciation would be done by a private profit making firm, there is no qualification for an exemption or waiver of the business license, as requested. Item was noted for filing. REPORT RE TEXACO SIGN - SPRINGTOWN BOULEVARD At a recent Council meeting the question concerning conformance of the Texaco station sign, on Springtown Boulevard, was raised. The Council asked that the Director of Community Development investigate and report back to the Council. A report from Mr. Gorland indicates that the sign is in con- formance with the Sign Ordinance. Item noted for filing. CONSENT CALENDAR Report re Signing of Merchants' Parking Lot A report from Mr. Lee indicates that as a result of the request from Cm Dahlbacka to place a "Merchants Parking Lot" sign at the entrance driveway on Livermore Avenue, facing the southbound traffic, on the Civic Building, contacts have been made with the building owner for permission. The owner suggested that the City contact Court officials who recommended against the sign. The only alternative available would be to place a sign in the sidewalk, if this is the wish of the Council. No action required and no action taken by the Council. Report re Water Conserva- tion & Water Rec. Plant A letter was sent to the City in August of 1976, encouraging water conservation measures, and recommending five specific means of conservation. Mr. Lee, the Public Works Director, has prepared a report showing the effectiveness or non-effectiveness of these measures on the water reclamation plant. Report re Livermore Water Systems policies The Director of Public Works prepared a report outlining the City's policies relative to the Municipal Water System and how it differs from California Water Service Company. CM-33-296 January 17, 1977 (re Water Systems Policie~ Included in the report was a comparison of quantity rates, service charges, water fire service rates, and water storage fees. Res. Rej. Claim - Catherine Caldeira The Council adopted a resolution rejecting the claim of Catherine M. Caldeira. RESOLUTION NO. 11-77 A RESOLUTION REJECTING THE CLAIM OF CATHERINE M. CALDEIRA Res. re Notice of Completion - Grade Separation Project A resolution was adopted authorizing acceptance of work and authorizing and directing the recording of notice of completion for the Grade Separation Project. RESOLUTION NO. l2-77 A RESOLUTION AUTHORIZING ACCEPTANCE OF WORK AND AUTHORIZING AND DIRECTING THE RECORDING OF NOTICE OF COMPLETION RE GRADE SEPARATION PROJECT 73-3 Res. Establishing Limited Parking Zones The Council adopted a resolution establishing limited parking zones: RESOLUTION NO. 13-77 A RESOLUTION AMENDING RESOLUTION NO. 129-72 ESTABLISHING A COMPILATION OF LIMITED PARKING ZONES IN THE DOWNTOWN BUSINESS DISTRICT BY EXPANDING SAME TO INCLUDE ALL LIMITED PARKING ZONES IN THE CITY OF LIVERMORE ("Q" Street and "L" Street) Payroll & Claims There were 120 claims in the amount of $216,817.68, and 296 payroll warrants in the amount of $l02,445.l4, for a total of $319,262.82, dated December 27, 1976. There was a progress payment made to Hensel Phelps Construction Company, dated January 5, 1977, in the amount of $47,412.05. The release of a cash bond in the amount of $l5,000.00, was made to Ed Hutka, dated January 11, 1977. All of the above were approved by the City Manager. CH-33-297 January 17, 1977 P.C. Summary of Action - 1/14/77 The P.C. Summary of Action from the meeting of January 14, 1977, was submitted for informational purposes. P.C. Minutes - l2/l4/76 The Planning Commission minutes of the meeting of December 14, 1976, were distributed for informational purposes. Res. re Parking of Commercial Vehicles The City's present limitation for commercial vehicles parked on residential streets is 6,000 pounds. The state statutes have just been raised to lO,OOO pounds and the Council adopted a resolution amending Resolution No. 129-72, relative to parking. RESOLUTION NO. 14-77 A RESOLUTION AMENDING RESOLUTION NO. l29-72, AS AMENDED, RELATING TO RESTRICTED PARKING ZONES, BY M1ENDING THE PROHIBITION ON PARKING OF COMMERCIAL VEHICLES ON ANY RESIDENTIAL STREET IN THE CITY OF LIVERMORE. Report re Special Bank Accounts The City Manager reported that under newly adopted state law, our City can use, as a depositary for surplus or trust funds, bank savings accounts. A specific advantage to such a practice is that withdrawal can be made at any time without an interest penalty and it is recommended that the Council adopt appropriate resolutions. RESOLUTION NO. 15-77 A RESOLUTION SELECTING A DEPOSITARY AND PROVIDING FOR THE NAMES OF THE OFFICERS AUTHORIZED TO NEGOTIATE FUNDS (Short- term Deposits) RESOLUTION NO. l6-77 A RESOLUTION SELECTING A DEPOSITARY AND PROVIDING FOR THE NAMES OF THE OFFICERS AUTHORIZED TO NEGOTIATE FUNDS (Airport T-Hangar Loan) Report re Notice of Completion - First St./Livermore Ave. The Council adopted a resolution authorizing and directing the recording of notice of completion for the First Street/Livermore Avenue improvements. RESOLUTION NO. 17-77 A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF PUBLIC WORKS TO RECORD NOTICE OF COMPLETION RE (Teichert Construction Co.) CM-33-298 January l7, 1977 APPROVAL OF CONSENT CALENDAR ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED WITH RmmVAL OF ITEM 5.1 (b), (Traffic Signalization - So. Livermore Avenue and Fourth Street), WHICH WAS POSTPONED UNTIL THE MEETING OF JANUARY 24. MATTERS INITIATED BY THE STAFF (LAVWMA Meeting) The City Attorney reported that LAVW~4A is meeting Thursday evening and he would like the Council to review material he has distributed to them. If there are any questions the Council should contact him before Thursday night. Cm Dahlbacka felt it might be desirable for LAVWMA to authorize funds for water reclamation studies, and to study the other alter- natives that have been mentioned with the understanding that there are time constraints. He would like to know if it would require Council action to set the funds aside for LAVWMA. Mayor Tirsell explained that LAVWMA delegates have the ability to set funds aside; however, she as a delegate would hesitate to do something of this nature without instructions from the Council. Also, the funds would be non grant fundable and would have to be paid by the cities. Cm Dahlbacka stated that he would be willing to support this type of expenditure and perhaps this could be discussed at the Thursday night meeting. Mayor Tirsell indicated that if the others are willing to discuss this item she will bring it up for discussion. Mr. Parness indicated that the LA~ staff has expressed interest in this type of action along with others, and it may be possible that some of these studies could be grant fundable. The Council will be hearing more about this in the near future. The City Attorney mentioned that the one major alternative to the proposal discussed at the meeting on the 15th, with no firm decision made, was the option of requiring unanimous vote for any capital expenditures. This would be a front end project specific approach. (Appointment) The City Clerk asked that the Council adopt a resolution this evening appointing Mr. James Doggett to the Board of Trustees of the Mosquito Abatement District. The appointment was made by the Council last week and requires adoption of a resolution which has been prepared by the staff. ON MOTION OF CM KAMENA, SECONDED BY CH STALEY AND BY UNANHlOUS VOTE, THE RESOLUTION WAS ADOPTED. RESOLUTION NO. 7-77 A RESOLUTION APPOINTING MEMBER TO BOARD OF TRUSTEES OF ALM1EDA COUNTY MOSQUITO ABATEMENT DISTRICT (James Doggett) CM-33-299 January 17, 1977 (Traffic in Fifth St., Church Street Area) Cm Kamena stated that he is concerned that an accident may occur in the Fifth Street/Church Street area. He would like a report from the staff or Council discussion regarding placement of bumps on the pavement or other means of slowing the traffic along those streets. (Resolutions re Sales Tax Formula) Cm Dahlbacka stated that the Council has received a number of resolutions on the sales tax formula from various cities who do not want a distribution on the basis of population. At the League of California Cities conference there was a discussion concerning this matter and the position was adopted with a partial distribution on the basis of popula- tion, as he recalls. He wondered if this is correct. Mr. Parness commented that the City would benefit by a full per capita reimbursement type of formula, which was studied at great length. The outcome was a compromise. The League annually gets this request and it has always been resisted because it was thoroughly discussed and rediscussed initially. Cm Dahlbacka asked if the staff could check to find out if there is any type of bill being submitted concerning sales tax redistribution. (Lack of Rain Problems) Cm Staley commented that he is very concerned over the lack of rain this winter and this means that Livermore is going to have problems regarding water shortage during the summer, not encountered in the past. Discussion followed concerning the City's source of water and the agreements with Cal Water and Zone 7, and the five year schedule. Mr. Lee explained that there is a great deal of reserve in the South Bay aquaduct, and he feels there will not be a water shortage in the Valley this summer. The City will be receiving a report from Zone 7 as to how the drought will affect the Valley and the City will have to rely upon them because they are contracting with the state to purchase water and the state probably has an obligation to meet the demands. Mayor Tirsell commented that the problem is that the southern part of California is in a worse condition than the north, and water will have to go down there to service that area. This is where the problem lies. It would be interesting to know how the contracts will be honored. Cm Dahlbacka added that he read an article which indicated that if the drought continues there is a good possibility that Shasta Dam will run dry next summer. If that occurs there will be little control of the water level in the Sacramento River which means we could expect a significant deterioration of water quality because of increasing salt water intrusion into the Delta. He would like some discus- sion with Zone 7, concerning this problem. CM-33-300 January 17, 1977 (re Agenda Item) Cm Dahlbacka stated that in Item 5.1 of report on City water systems policies. tion, was a pricing policy and he would as an agenda item at a later time. the agenda, there was a Included in that informa- like this item discussed MOTION TO RECONSIDER CONSENT CALENDAR CM DAHLBACKA MOVED TO RECONSIDER THE CONSENT CALENDAR TO REMOVE ITEM 5.l (d) MAKING THIS AN AGENDA ITEM IN TWO WEEKS. MOTION SECONDED BY MAYOR TIRSELL AND PASSED BY UNANIMOUS VOTE. (Transportation Problems in City) Cm Staley has noticed that since the absence of taxi-cab service in Livermore, there is a continuing problem of transportation service for a portion of the community. Arrangements have been made for the transportation of senior citizens, but there are still a number of people who are without transportation. The matter was referred to COVA, and he would like to know when the next COVA meeting will be held. It was noted that the next meeting is scheduled for February 3, 1977. Mr. Parness commented that he has taken the liberty of locating the names and addresses of privately-owned taxi-cab firms and he is planning to contact them to inform them of the cancellation of the taxi business in Livermore, and to invite them to consider serving Livermore. Mr. Parness also noted that the transportation study is coming to a conclusion and the Transportation Committee met with him last week along with the AC Transit staff. They are conducting internal surveys as to origin and destination of riders and the City is seeking information from Congressman Stark on a prohibition of a federal statute against the City disallowing the use of federal money for operation. All of this will be brought to the attention of the Council within the next month. (County General Plan) Mayor Tirsell reported that final debate of the Alameda County General Plan will begin tomorrow afternoon and the presence of members of the Council would be welcomed by her and the City Manager. (Cease & Desist Order) LAVWMA will be meeting on Thursday, January 20, at 7~30, 39 South Livermore Avenue, Livermore. The Council meeting will adjourn to an executive session which will be adjourned to the LAvm1A meeting. ORD. RE LICENSE TAX ON MOTION OF C~~ KAMENA, SECONDED BY CM STALEY AND BV UNAIMOUS VOTE, THE ORDINANCE RELATIVE TO LICENSE TAX ON WHOLESALE SALES, MINIMUM TAX, WAS INTRODUCED AND READ BY TITLE ONLY. CM-33-30l January 17, 1977 INTRO. OF ORD. RE STORAGE CHARGES/WATER SYSTEM ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE ORDINANCE AMENDMENT RELATIVE TO STORAGE CHARGES RE- LATED TO WATER SYSTEM WAS INTRODUCED AND READ BY TITLE ONLY. INTRO. OF ORD. RE PAYMENT OF FEES ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE ORDINANCE AMENDMENT RELATIVE TO PAYMENT OF FEES WAS INTRODUCED AND READ BY TITLE ONLY. ORD. REGULATING USE OF SANITARY SEWER DEPOSIT BY HOLDING TANKS The matter of an ordinance relative to holding tanks was postponed until this meeting. Time has not permitted the staff to prepare the necessary information needed by the Council and this matter will be on the agenda next week. CITY MANAGER STATUS REPORT Public Works A committee has recently met with the Department of Resources and is planning to meet to discuss the reclamation plan. State and local authorities seem to be getting together on this subject. Holding Tanks The staff has been gathering technical information concerning holding tanks. The City has been receiving a great deal of help from the County and from the City of Pleasanton which has worked on this item for over a year in getting material together on holding tank legislation, permits, franchise, etc. The City is benefiting from this work and hopefully this will be ready for distribution to the Council in the next week. Federal Aid Urban Street Proj~ The Council will be reviewing Federal Aid Urban Street Projects next week. The FAAU money is a federal grant on projects allowed in federal aid urban areas, of which our end of the County is a part. Livermore is remote and therefore in a separate zone which means that we will not have to compete with some of our bigger sister cities in Alameda County, because sometimes this results in a dispute over which projects should be approved. The City intends to utilize the funds for T.V. sewer inspection along Maple Street which has very old segments of pipeline that will have to be replaced. Finances The City has received the first quarter Title 1/11 monies, to be used for the maintenance of public service. This is being interpreted to mean continuance of the employee and a recogni- tion of salary demands. CM-33-302 January l7, 1977 Business License Prior to the retirement of the former Purchasing Agent, he was assigned to the Finance Director to assist with important aspects of financial staff needs that could not be met because of the limited staff. One of these tasks was business license investigation. During this relatively short term some facts were revealed that the staff is continuing to investigate. A survey was done of all commercial establishments known to receive deliveries from sources outside the City. The ordinance specifies that these firms must have a business license and it has been found that a number of commercial businesses are not paying the license fee. More significant than the commercial businesses wihout business licenses, is the fact that over 300 rental businesses in the City are not licensed. The ordinance requires the payment of a business license fee for anyone with more than two units, and the staff is investigating this matter. Investment Committee The Investment Committee has been informed that there have been recent state statute changes on the types of depositories that qualify for local funds. It will be necessary for the Committee to meet to discuss these changes. LAVWMA Proposition With respect to the LA~1A proposition, it may be necessary to have funding available to the City for a pay as you go approach. Sources are being investigated by the staff and favorable responses are being received. Dog Licensing The City is in the process of issuing dog licenses and many people are coming into the office convinced that the clerks selling the licenses are also setting the rates for the licenses. Apparently the community survey was very effective because by the middle of January more licenses had been sold than were sold all last year. Personnel A record number of applications were received for Police Officer (550). The testing process has been completed, through the agility test, and the oral interviews will be taking place as the next step. SPECIAL ITEM RE CITY TOUR Cm Dahlbacka stated that he attended a Jaycee tour of the City along with Mr. Parness, Mr. Lee and Mayor Tirsell. It was much the same as the tour given the Councilmembers. The people who attended seemed to enjoy the tour and this was a fine community service that should be recognized. He thanked the staff for giving up their Saturday afternoon for the sake of this kind of public spirit. CM-33-303 January l7, 1977 (re City Tour) Cm Dahlbacka stated that he would like to suggest planning a Community Day for citizens. The City could use a large bus to transport citizens at large on this type of tour which enables citizens to know more about the City and what facilities are available. Possibly this program could be planned for next year. JOBS FOR TEENS Mayor Tirsell commented that in speaking with students who have come to the Council meetings with their classmates, there have been concerns expressed relative to jobs in the summer. She would suggest that Mr. Parness discuss the Jobs for Teens program with someone from the staff who could get things rolling again. ADJOURNMENT Mayor Tirsell adjourned the meeting at 9:40 p.m. to an executive session to discuss litigation and then to a Thursday meeting with people from LAVWMA, at 7:30 p.m. in the Council Chambers, 39 South Livermore Avenue, Livermore. APPROVE /}: L;2~ {~~ JP'_ ,- Mayor ATTEST City Clerk Livermore, California CM-33-304 Regular Heeting~_ January 24, 1977 A regular meeting of the Livermore City Council was held on January 24, 1977, in the ~1unicipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:l0 p.m. with Mayor Tirsell presiding. ROLL CALL Present: Cm Dahlbacka, Turner, and Mayor Tirsell Absent: Cm Kamena and Cm Staley (both seated later) PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. MINUTES - 1/10/77 P. 290, 9th paragraph, delete wording HOTION WITHDRAWN. P. 282, 4th paragraph, line three should read: system and that the best use was commercial. a freeway P. 285, 8th paragraph (Item 3), should read: CM STALEY MOVED TO M1END THE N1ENDMENT TO ALLOW A $50 TOTAL....ETC. -- P. 286, 1st paragraph, item (b) shuould read: Acceptable - $35 was inserted in the blank space as the maximum contribution. ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF JANUARY lO, 19 7 7, l"1ERE APPROVED AS CORRECTED. (Cm Turner abstained due to absence at that meeting.) OPEN FORm1 (Leahy Square Problems) Yvonne Hamilton, 3405 Leahy lvay, representing the Leahy Square Tenants Association, stated that the Association is present this evening to plead for more police protection. The City of Livermore lacks adequate personnel for police protection and they would urge the Council to place the hiring of more policemen high on the priority list during the budget session discussions. At the last meeting between the Association and the Police Department they were told that the Police Department lacks money and manpower and that additional protection is needed throughout Livermore. Betty Perry, 3348 Leahy, renorted that the people from Leahy Square see more crime and vandalism than those residing in other parts of the City and asked that the Council get them help. Elsie Bower, 3588 Leahy Way, reported that she was recently robbed, her window has been broken and after it was replaced it was shot with a beebe gun. Of the five homes in her unit, three have been robbed recently. People are afraid to leave their homes and were warned not to attend the Council meeting to speak about the problems the residents are encountering. It appears that no investigation of the complaints is being done, and perhaps something could be done to investigate the problems and to help. Mary Everett, Fifth Street School Principal, commented that she has been attending the meetings of the Tenants Association because some of the problems which occur at Leahy Square carryover to the elementary school. They would like to suggest that the Council place police protection at the top of the budget~priority list. Also, Cl'1-33-305 January 24, 1977 (re Leahy Square) there may be some way of the Social Concerns Committee working with the people from Leahy Square to police themselves or organiz- ing to that effort. Perhaps there could be direction from the Council to the Social Concerns Committee in getting them involved in that direction. Mr. Dominguez, 3302 Leahy Way, asked that the names given to the Council this evening not be published in the newspaper because this would expose them to the people who would break windows or tear up the buildings. He noted that there is a lot of noise in the very early hours of the morning, such as motorcycles from out- of-town, that the residents have to endure. Those who come from out-of-town cannot afford to have the motorcycles and they come to vandalize the Leahy Square property. He is sure that the homes surrounding the Leahy Square area can hear the screams and noise at 2:00 a.m., but apparently they wish to close their ears and pretend that nothing is happening. He prays for rain to come so the vandals will not be outside and he would hope and pray for more police protection. R. P. Christmas, 394 Pearl Drive, stated that the policemen are needed everywhere in Livermore, not only the Leahy Square area. He has had vandals dump eggs in his truck and he didn't bother to call the police because he knew they were busy elsewhere. Policemen would be willing to come to the aid of people in Leahy Square but they are short of personnel and people voted against the tax increase to pay for additional policemen. Paul Tull, 2243 Linden Street, stated,that people cannot go out and protect themselves. The law states that if a burgler is in your home you must run from them rather than protect yourself. These people cannot protect themselves. Mr. Parness responded to the comments made by the people by saying that the City is doing all they can to respond to the problems in Leahy Square. Because of a technicality the streets in the area were dedicated to the City, now permitting the City to intrude within the confines of the area and to envoke authority. One of the STEP team members has spent a great deal of time work- ing with the Tenants Committee and the management of the Associa- tion, to try to install greater security measures. Mr. Parness added that a new lighting plan will be implemented in the area to eliminate broken lights. The lights will be about 22 ft. high and will be as vandal resistant as possible. There are other measures which have been discussed with the renters and owners and could be put into effect by the Police Department. Everything that can be done is being done with the exception of having a permanent placement of enforcement per- sonnel on the grounds at all times. Mr. Parness commented that the management did hire a private firm to patrol the area at varying times throughout the evening, to little avail. The frequency of crime and vandalism was not affected and the service was discontinued. Mr. Parness was asked about the status of the reward program for giving officials the names of vandals and he indicated that he has not been officially notified by the other agencies but according to the press all agencies, i.e., School District, LARPD, and Leahy Square Housing Authority, have declared their intention to participate in the vandalsim reward program. He will be coming to the Council for official sanction of such a committee at the proper time. CM-33-306 January 24, 1977 (re Leahy Square) The question was raised as to whether or not HORIZONS might be able to help because youths are generally involved with vandalism, and Mr. Parness explained that the workload for HORIZONS is very heavy but they may be able to give some information as to how this type of problem should be dealt with. The comment was made that the people of Leahy Square are entitled to as much protection as the rest of the citizens of Livermore and that perhaps the police/Council liaison could discuss the matter with the hope of finding some resolutions to the problems. The Mayor commented that on behalf of the Council she wishes they had something to say that could help. The residents of that area feel afraid and are frustrated because what they are doing does not seem to work and they don't know what else to do. The com- munity has resources that seem to have been shut off from Leahy Square and are not offered to the residents of that area as they are to the other areas of Livermore on a ready basis - that being the volunteer efforts of the community. Livermore cares about the residents of Leahy Square and if the Councilmembers and others cannot find people who care about Leahy Square residents she would be very surprised. She would hope the people of Livermore will show concern for some of our "family" who are upset and would offer friendship to these people, while awaiting a report from the City Manager concerning this item. Mary Everett asked how the Social Concerns Committee might be able to help and the Mayor explained that this type of thing is not their charge, but they are not precluded from taking this type of problem and working with it if they choose. The Social Concerns Committee is really a study committee who make recommendations on what the Council can do to improve things. They are not a community action group. Betty Perry stated that they can't do the policing themselves and what they need and want is more police protection. They feel that because they are poor they are not considered a part of the community by other citizens and that people look down on them because they live in Leahy Square. She stated that they want to be a part of Livermore. It was explained that the Council is concerned about them and they were invited to attend the meeting of February 7th at which time a report will be made by the City Manager concerning these problems. (Ordinance re Dogs) Jerry Wilverding, 4886 Primrose Lane, stated that he has read in the newspapers that it is unlawful for the IRS to go into anyone's home to confiscate property for a tax lien without a search warrant and permission to enter the home. He has also read in the paper that an animal control officer has the right to charge into a person's home if they have a dog that has gotten loose. He would ask that the staff and the Council investigate the legality of the ordinance which allows this type of search. It was explained that this is not a provision of the ordinance but rather a part of the State Code, which does not say that an officer may enter and search for a dog. The right of reasonable entrance allows an officer to follow a resident into another room if CM-33-307 January 2., (Ordinance re Dogs) the person goes to find evidence of a dog license or car regis- tration or whatever. This is for the protection of the officer because in many instances a person leaves in anger and returns with a gun with the intent of shooting the officer. The City Attorney commented that the question of the method of search would be one that would be left to the discretion of the courts. COMMUNICATION RE SUPPORT OF DISPOSABLE BOTTLE LEGISLATION A letter was received from AssemblYman Mori concerning the City's support of SB 4 (disposable beverage container legislation). He indicated that he is in agreement with the concept of the measure but would prefer to withhold comment as to how he will vote until he sees the bill in its final form when it reaches the Assembly. The staff was directed to contact AssemblYman Mori to ask that he keep the City informed on the changes made to the bill and where it is in Committee. Mr. Parness indicated that he would be happy to contact Senator Rains office and ask that the City be informed about any changes and where the bill is, because Senator Rains is the author of the bill. RESIGNATION FROM HOUSING AUTHORITY BOARD A letter of resignation from the Housing Authority Board of Commissioners was submitted to the Council by F. J. Maloney. Mayor Tirsell thanked Mr. Maloney for his service and added that a plaque will be presented to him during the City dinner in April. The staff was directed to send a letter of appreciation for the work done by Mr. Maloney. COMMUNICATION RE MAYORS' CONFERENCE BUDGET The Council received a copy of the proposed 1977 budget for the Alameda County Mayors' Conference, with various increase recommendations, including an additional $lOO per city for annual dues. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE 1977 BUDGET WAS APPROVED, AND THE MAYOR DIRECTED TO SO VOTE. TRAFFIC SIGNALIZATION - SO. LIVERMORE & 4TH STREETS A report concerning traffic channelizations for South Livermore Avenue at Fourth Street was prepared by the Director of Public Works. The conclusion reported that the staff would not re- channelize the intersection unless the Council objects to the present traffic pattern. CM-33-308 January 24, 1977 (Traffic Pattern - Livermore Ave./4th St.) This item was a matter that was investigated as a result of a request by Cm Turner. The matter appeared on the Council agenda last week and was postponed in order to allow Cm Turner to par- ticipate in discussion. The Council discussed the possibility of allowing two lanes to turn left onto Fourth Street from East Avenue to help relieve the East Avenue traffic problems during the rush hour. The suggestion was made that perhaps the two lanes allowed to travel onto Fourth Street from East Avenue should be tested on a temporary basis but the argument was made that the City hopes to encourage people use Fourth Street as an alternate through Street, rather than using East Avenue, particularly for those residents who can go on out Pestana. If a left turn onto Fourth Street from South Livermore is prohibited, they have to travel down East Avenue all the way to Jensen Street before they can turn left to that housing area again. The Council concluded that it would not be beneficial to change the intersection at this particular time. REPORT RE FOUR-WAY STOP - NO. LIVERMORE, AT CHESTNUT & RAILROAD The Director of Public Works reported that a study has been done for the intersection at each end of the Livermore Avenue underpass for the purpose of determining whether or not through traffic could be allowed with elimination of the present four-way stop at each end. An illustration of the street showing the underpass area and the cross streets was included in the report allowing for the through traffic with modifications to the location of the stop bars for those streets which intersect Livermore Avenue. Mr. Lee explained that the reason the four-way stops had been pro- vided in the past was because a driver did not have good visibility into the underpass. Andy Jorgensen, 509 Rincon Avenue, stated that if a person is traveling along Chestnut Street and wishes to cross Livermore Avenue, it is impossible to see any traffic coming from the underpass. Unless the Livermore Avenue traffic comes to a stop at the intersections, the cars trying to cross will not have the proper visibility to cross. He also mentioned that he sees hundreds of children crossing the intersection on their bicycles in the morning and cars traveling along Livermore Avenue will not be able to see the kids until it is almost too late to stop for them. He added that while trying to cross Livermore Avenue on Chestnut Street, it is a nightmare, even with the stop signs. Paul Tull commented that it would appear from the diagram, that the stop bar for the eastbound traffic on Chestnut extends slightly beyond the little frontage street which takes you on down to Railroad Avenue. Mr. Lee explained that people will stop at the stop bar, swing out into the street area and then make a right turn down to the frontage street. The consensus of the Council was to try the new through street plan and if there are problems, changes can be made. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE STAPF T~AS DIRECTED TO IMPLEMENT THE THROUGH TRAFFIC PLAN FOR LIVERMORE AVENUE. CM-33-309 January 24, 1977 REPORT RE ARCADE SHOPPING CENTER TRAFFIC CIRCULATION The item concerning the traffic circulation for the Livermore Arcade Shopping Center area was discussed briefly by the Council at their last meeting. The item had been postponed in order to hear comments from Cm Turner, particularly with respect to the area around "P" Street. The Council discussed the median or divider for the "p" Street section from First Street to Railroad Avenue and the comment was made that there is an opening in the median for the Safeway driveway but the businesses across the street such as the hard- ware store, the sporting goods store and the bank do not have the benefit of customers driving in both directions. They are cut off from the west side traffic because of the medians. Mr. Lee stated that he realizes there are problems along the "P" Street entrance, but if this is blocked from traffic turn- ing left into the center from "P" Street, it would mean that the other streets would receive the traffic going into the centers and they would then become overly congested. The traffic would have to enter either from First Street or Railroad Avenue, when it is completed, and the traffic congestion would be extremely heavy. Also, if traffic is allowed to cut across "P" Street to the stores on the east side of the street this will certainly not help the problem either. The suggestion was made that perhaps the Council should wait to find out what the traffic pattern might be after Railroad Avenue has been completed and entrances to the center from this street have been provided. The traffic situation may be entirely different when people can use Railroad Avenue. Mr. Lee indicated that the staff is preparing to go to bid for Railroad Avenue and it should be completed, hopefully, around Spring. The contract with SP provides for the completion of Railroad Avenue within six months after the completion of the railroad project. If they keep within this time scale it should be completed by May 25th. There were arguments in favor of placing a median the full width of "P" Street to Railroad Avenue but the City Manager commented that the entrance from First Street causes a great deal of conges- tion along First Street, particularly during the peak traffic hours, with people trying to get into the narrow driveway to get to Orchard Supply and some of the other stores in the center. It is necessary, at times, for a car to swing into the left lane to make the sharp right turn into the entrance. It would seem that this entrance could be greatly improved if it were widened. Andy Jorgensen, asked that the Council keep in mind that "P" Street is a major north-south thoroughfare, regardless of the cost. He cited instances in which he has observed trucks causing congestion and stacking problems in the shopping center area. CM TURNER MOVED TO DIRECT THE STAFF NOT TO PROCEED WITH EXHIBIT "B" ("P" Street median) UNTIL RAILROAD AVENUE HAS BEEN COMPLETED AND THE TRAFFIC SITUATION RE-EVALUATED. ~mTION SECONDED BY CM KAMENA AND PASSED 4-l (Cm Dahlbacka dissenting) . CM-33-3l0 January 24, 1977 (re Arcade Shopping Center Traffic) Cm Dahlbacka voted against the motion because in his opinion there should be something done on a temporary basis to help relieve the traffic problem. Mr. Hanesworth, from S.P. Development Company, asked if the Council is considering re-evaluation and reconsideration of the site plan, and it was noted that the site plan has been approved but the flow of traffic for the street could be changed if it is determined to be in the best interest of the public. If any cost is involved other than what is indicated on the approved site plan, the City would have to meet and discuss this with Mr. Hanesworth. Mr. Hanesworth also mentioned the proposed wider curb cuts and his concerns with this suggestion. (eomments were not audible.) Mr. Lee commented that even though there is to be a delay, the cost should be borne by the City and S.P., as was agreed upon. This would also mean that S.P. would not have any cost to exceed what was agreed upon. Also, on the curb cuts, the City's policy has been to require curb cuts at a driveway entrance rather than a curb return type of treatment. The policy has also been that a driveway has a maximum of 30 ft. but it is possible that this could be modified in certain instances when found justifiable. RECESS Mayor Tirsell called for a brief recess after which the Council meeting resumed with all members of the Council present. APPOINTMENTS ON MOTION OF CM STALEY, SECONDED BY CM TURNER, AND BY UNANIMOUS VOTE, GLORIA TAYLOR AND BARBARA BAIRD WERE REAPPOINTED TO THE DESIGN REVIEW COMMITTEE. ON MOTION OF CM KAMENA, SECONDED BY CM TURNER AND BY A 4-0 VOTE, GERALD RICHARDS WAS APPOINTED TO THE HOUSING AUTHORITY. (CM STALEY RECORDED AN ABSTENTION.) The comment was made that the Housing Authority now has a full board and perhaps a member of the Board or the Council could act as liaison in communications. The Council agreed to think about this suggestion. REPORT RE SISTER CITY TRAVEL ALLOTMENT The City Manager explained that the item concerning travel allotment for a visit to our Sister City of Quezaltenango was scheduled for this evening. However, the Chairman of the Committee was called away this evening and cannot attend the meeting. The staff would like to ask for a postponement on his behalf. Item continued to February 7, 1977. REPORT RE ENGINEERING STUDY - COST EFFECTIVE DISPOSAL METHOD (LAVWMA) The City Manager explained that the LAVWMA Board met on January 20th with the intention of referring a proposed project disposal method to the respective agencies for review and approval. The Council will be discussing the prospective joint powers agreement changes also CM-33-3ll January 24, 1977 (Report re LAVWMA project) Mr. Parness reported that an agreement was tentatively approved by the LAVWMA Board on January 20th, with a couple of inserts that are of concern to him. He is also concerned about their task force issue because there is a great deal of money involved and they are describing the engineering design for about 70% of the project, to be done in two weeks. This would seem to be a little hasty. Hope- fully everything can be cleared up when the LAVWMA representatives meet with them. Mr. Parness added that he is particularly concerned with having the JPA in order. Mayor Tirsell commented that they have been working on cleanup language for the JPA since July, and it is very doubtful that it can be adopted in one night. She would like to have a schedule showing which pages are being worked on because it may turn out that there is a method of financing a project, with no JPA to support it. Mr. Parness reported that Berkeley is using a device whereby the staff has designed an engineering hydraulic system for capturing some of the runoff water from the Berkeley hills. Reservoirs are holding the runoff water and the water is used for watering their medians. This City also uses reclaimed water for various items and it was suggested that the public be infor- med of what the City is doing in this respect. The Council concurred. REPORT RE P. C. ACTION RE TRACT 3760 The Council received notice of the action taken by the P.C. re Tract 3760 (Wagoner Farms area) denying the subject tentative map. Keith Frazer, representating the applicants, asked that the Council table this item because at this point he is concerned about the City's cease and desist order. It may be possible that the property may be able to develop at some future date, and when development is allowed they would like to be on the priority list. Mr. Reiners commented that the matter pending before the Council now is separate from the idea of a priority list. Approval or denial of the subdivision map would not have any affect as to priority. Approval of the subdivision map could present problems in terms of other city policies regarding sewer allocation, etc. From a legal viewpoint he would suggest that the map be processed in due form. He would recommend that the Council not continue the item until the lifting of the cease and desist order, but this would not preclude the Council from considering some type of priority list for the new expansion. It was mentioned that in the findings by the P.C., one of the reasons for denial was the sewer allocation policy and this should be dealt with rather than the implication that the cease and desist order is what is stopping approval of the tentative map. These items should be discussed by the Council. CM-33-3l2 January 24, 1977 (re Tract 3760 - Wagoner Farms Area) The P.C. mentioned a priority list and it was suggested that the P.C. investigate a mechanism for establishing the priority list in conformance with the General Plan. The Council discussed the requested delay and the argument was made that there is no reason anything should be worked on or discussed until the cease and desist order has been lifted, and this is what the applicant has requested. The City Attorney responded by indicating that his only objection would be in terms of litigation posture. If the Council wishes to go into this in detail, the appropriate time and place would be executive session. BRIEF EXECUTIVE SESSION Mayor Tirsell called for a brief executive session for the purpose of discussing the legal aspects of the above matter. After the executive session the Conuncil meeting resumed with all members of the Council present. CM TURNER MOVED TO CONTINUE THE ITEM TO FEBRUARY l4, 1977. MOTION SECONDED BY CM DAHLBACKA AND PASSED BY UNANIMOUS VOTE. P.C. REPORT RE NOISE ELEMENT REVISIONS During the editing of the Noise Element, substantive changes were made. It is suggested by the staff that the Element be referred back to the P.C. for further review and recommendation. The Council concurred. It was noted that Gary Shaw did the editing and that he should be sent a letter of thanks. He should also be included in the list for the City appreciation dinner. The staff will send a letter of thanks to Mr. Shaw. REPORT RE MULTI- SERVICE CENTER & EXTENSION OF PACIFIC AVE. The Council received minutes from the Planning Commission meeting of December 7th, outlining the P.C. discussion and recommendation that Pacific Avenue ultimately be extended, as shown on Exhibit "B". CM KAMENA MOVED TO REFER THIS ITEM TO THE STAFF FOR INCLUSION IN THE BUDGET, SECONDED BY CM STALEY. The City Manager was asked how the maintenance and operation of the Center will be funded. He responded by reporting that he has been discussing this with the staff because it has been a matter of concern to him since the idea was formulated. The City is receiving applications from prospective users of the Center and rental is being discussed with them. It appears that there will have to be some type of financial burden assumed by the City initially. It may be that the City will be able to gain County assistance through revenue sharing or indirectly through some CETA allocation. It is anticipated that City costs will be nominal. CM-33-3l3 January 24, 1977 (re Multi-Service Center & Extension of Pacific Avenue) It was noted that the costs to be borne by the City for operation, etc., will be included in the budget. The comment was made that there is a lack of transportation ser- vices in Livermore and that with federal funds we were able to build a magnificent service center for County services to be located near the bulk of the people who need them in the City of Livermore and that this should not be a consolidated service with the courts, regardless of where the courts are located. This is something the County Board of Supervisors should be asked to consider. If people cannot get to the services, they can't use them. It was noted that the staff will relay this concern to the County. MOTION PASSED BY UNANIMOUS VOTE. P.C. REPORT RE RE- ZONING OF TREVARNO LANE It has been recommended by the P.C. that the area known as Trevarno Lane be rezoned from I-l (Industrial) to RS-3 (Suburban Residential - three d.u./acre). ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THIS ITEM WAS SET FOR A PUBLIC HEARING ON FEBRUARY l4, 1977. P.C. MINUTES FOR lffiETING OF 12/7/76 The item concerning the County referral regarding Rhodes and Jamieson rezoning request from A District to PD District, was noted for filing, pending further information from the Planning Commission. There was a question raised as to the procedure for a variance and whether or not the variance request for a variance for the shopping center located in the Springtown area would automatically be coming to the Council, or if this item would need to be appealed by the Council. The item was listed in the P.C. Summary of Action. (Item 9.l - January l8th, Christopher Sickles by Wolfgang Hahn.) It was noted that it would not be coming to the Council as an automatic procedure. ITEM 9.l, SUMMARY OF ACTION FROM l/l8/77, WAS APPEALED BY THE COUNCIL. REPORT RE MAJOR HIGHWAY CONSTRUCTION PRIORITY The City Manager reported that two categories of highway construc- tion programs must receive approval of the City for City-County Cooperative Projects, and Federal Aid Urban Projects. The City submitted a priority list for the City-County projects and only the first project (reconstruction of No. Livermore Avenue) has been completed. The staff has included a substitute list to be transmitted to the County. It should be noted that discussion concerning the extension of Mines Road and Concannon Boulevard, was continued from a November meeting in order that CM-33-3l4 January 24, 1977 (re Major Highway Construction Priority) the extension of these streets might be discussed at the time the priority list is reviewed. Mr. Lee explained that the County-City projects are street projects but the Council might wish to consider other types of projects such as the Junior College bike path. Mr. Lee reported that he contacted Valerie Raymond's office and indicated that the Portola/Murrieta Intersection Project is high on the City's list of needs. East Avenue would be considered top priority but the accomplishment for this street may not be realized as soon as Murrieta/Portola. The Councilmembers expressed their opinions as to which item should receive top priority and one member felt that the Isabel extension should receive top priority. The argument was that it is true that East Avenue is important, as are the signals for Murrieta at Portola, but the City might question what is happening with the East Avenue project since the width lines, as requested by the staff have not been adopted and apparently the project has been set back in its planning because of this pr~blem. The following priority was suggested: l) Isabel Extension; 2) East Avenue Reconstruction; 3) Traffic Signals for Murrieta/Portola or the Mines Road Extension. It was mentioned that the streets are breaking down on East Avenue and for this reason it should be very high on the priority list. Another point was made that Isabel should be high on the priority list but Concannon Boulevard extension could be used to route High- way 84 traffic, south of town. Since the freeway interchange cannot be built, the backtracking for the airport interchange will discour- age people from using Highway 84. A second Councilmember felt that the Mines Road Extension is a very important project, and would sug- gest the following priority: l) East Avenue Reconstruction; 2) Junior College Bike Path; 3) Traffic Signal for Murrieta & Portola; 4) Concannon Boulevard Extension; and 5) Isabel Extension. The comment was made that the Junior College bike path is at the top of the list but this would be different from the funding aspect and possibly could be noted on the side as a high priority. It was mentioned that the extension of Mines Road would involve some of the Hazelhorst property which led to the discussion of the requirement of fees for major street development upon develop- ment of property and the fact that there may be some desire to review this policy to permit land in lieu of street development to allow for a solution to the City's circulation problems in town. There was disagreement with the suggestion to use Concannon Boulevard for the Highway 84 traffic because there is a route from Arroyo Road to South Livermore Avenue, and then to Tesla Road. Secondly, Concannon Boulevard extension would be placed through the best vineyard area in Livermore. Mr. Lee explained that the extension of Concannon does not go through any vineyard from Arroyo Road until it crosses Wente Avenue. At that point is does go through vineyard. CM-33-3l5 January 24, 1977 (re Highway Const. Priority List) It was pointed out that the vineyard property would have to be purchased at a very high cost to the City and there is an alter- nate road that can be used for this traffic (Marina and Wente). Highway 84 cannot be extended onto Concannon Boulevard without making numerous turns and the traffic to be routed around Con- cannon would be better routed on Isabel Avenue. Mr. Lee felt that the extension of Isabel Avenue and that of Con- cannon Boulevard are not really conflicting. Concannon will carry traffic out to the industrial area and labs, while Isabel is a link for the ultimate bypass of Route 84 around Livermore, and will be- come the main bypass. Concern was expressed for extendi~g Concannon Boulevard through the vineyard area because it is likely that the street will not be one long continuous street from Arroyo to the labs without streets intersecting Concannon in the future. It seems that any time a major street is developed through an agricultural area, it is destined to become a developed area., Even though the extension of Concannon would be very useful and desirable from the standpoint of commute traffic from the west side of town to the labs, it Would seem that the extension of Mines Road should really come first. Discussion followed concerning the FAU Program priority list and the comment was made that Item 4, for the reconstruction of exist- ing roadway between Chestnut Street and Portola, is rated too high. This is primarily a residential or transitional street not intended for a major traffic thoroughfare between downtown Livermore and Portola Avenue. Livermore Avenue is the link intended to carry traffic from downtown Livermore to Portola. The suggestion was made to place the reconstruction of South Livermore Avenue above the reconstruction of North ilL" Street. It was suggested that North "L" Street be inserted below Item 8, Arroyo Road, and that Item 7 (Third Street) be moved up to Priority #4, as follows: l) East Stanley; 2) Maple Street; 3) South "L" 4) South Livermore Avenue; 5) Railroad Avenue; 6) Arroyo Road; 7) North "L" Street; 8) Third Street; 9) East Avenue and 10) BART - Stanley Boulevard. It was mentioned that the Murrieta/Olivina intersection should be discussed and Mr. Parness noted that this project would possibly qualify under the FAU Program but he would have to inquire. He added that apparently the Council agrees with priorities 1 through 3, and with respect to Priority #4, there is only partial funding for that project so the City couldn't proceed with that project this year in':aay.case. Mr. Lee stated that Murrieta Boulevard/Olivina Avenue Project is very high on the City's priority list and it had been in- tended that the funds for this project would come from gas tax monies. Council concurred generally with the recommendations. AGENDA ITEM 7.l ORD. RE HOLDING TANKS Mayor Tirsell noted that there are people in the audience who have come to speak on the ordinance relative to holding tanks CM-33-3l6 January 24, 1977 (Ord. re Holding Tanks) and asked that the Council move to that item and then return to the remainder of the agenda, in proper order. She asked that the Council review the draft resolution to discuss any changes the Council may wish to make. It was noted that the City has no idea how long the cease and desist order might be in effect and there are a considerable number of projects that will be coming in who have already picked up sewer and building permits. It is possible that the City could reach capacity prior to the lifting of the cease and desist order, in which case the person applying for a holding tank permit might assume that as soon as the cease and desist order is lifted they could automatically connect to the sewer. If this were to happen the City would be at capacity and could not serve them and the City might find itself in a precarious legal situation. The City would have a type of cease and desist order of its own, if the sewer reaches capacity. It was suggested that the City Attorney read and insert appropriate wording regarding this possibility. The City Attorney commented that it would also be a clause in the contract. Suggested wording for Item l) at the bottom of the resolution was as follows: The City of Livermore will permit the construction and use of holding tanks within the City as a temporary and interim measure for the use of commercial and industrial uses only until such time as any cease and desist order of the Regional Board has been lifted, provided that ~ City has sewer capacity remaining at that time. The installat10n of each holding tank shall be subject to approval of the City Council. Page 2., Item 4) The use of holding tanks shall be considered to be strictly a temporary substitute for discharge .........etc. There was some concern raised over Item 5) which indicates that approval to use the holding tank shall be valid for one year. The comment was made that this may be of concern to a lender. The City Attorney suggested a subsitution of, "approval revocation for cause". With respect to executing a contract, the question was raised as to whether or not the County contract could be used since it has already been approved by the Board. It was explained that the City has a contract which can be used. Brief discussion took place concerning wording relative to technical aspects and the wording that should be used. Any suggestions could be submitted to Mr. Lee for consideration, including wording pertaining to a sensing device. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE STAFF WAS DIRECTED TO PREPARE A RESOLUTION REFLECTING THOSE ITEMS MENTIONED BY THE COUNCIL. The Council moved to a discussion concerning the draft agreement for holding tanks and Mr. Gorland commented that it has been sug- gested that there be the establishment of priorities, when and if available, to assure licensee a connection. One of the problems is that in the event there is not a priority or assurance, this would adversely affect the financing of a development. CM-33-3l7 January 24, 1977 (re Holding Tanks) Secondly, in lieu of providing for a franchise of the effluent disposal firms, Mr. Gorland would recommend the provision of licensing of the firms for various reasons, one of them being that this would give individual firms a negotiating position. The City Attorney explained that the City's liability isn't sufficient enough to take care of a problem relative to adverse affects of the effluent, and damages occuring from default, and the City would simply insert into a franchise contract that the exclusivity of the franchise would terminate at such time as the franchisee ceased to perform. The franchise method has been used by Pleasanton and is based, primarily, on the problems of policing the discharge of the transported effluent. It was mentioned that if transporting of the effluent can be taken care of with proper licensing procedures and monitoring of the route, etc., this may be a satisfactory means of disposing of the effluent. The Council noted that there has to be concern for the public safety from a health standpoint when effluent is being transported all around the City, but it shouldn't be neces- sary for the City to become involved in the inspection of the tanks and other aspects of the matter, as this would be the func- tion of the Alameda County Health Department, with whom they would have to file a report. The City Attorney stated that the City has full authority to regulate the transportation of the pumped effluent, as long as it is in the City. The only problem with routing traffic, is that this has been regulated under state codes, to a certain extent, and the City may be pre-empted. It was the consensus of the Council that the City Attorney should look at the possibility of licensing rather than franchising. It was mentioned that there are two problems at hand and one is the urgency to implement the policy implicit in the resolution. The wording of the agreement is something that can be worked on. The wording can come back to the Council. Concern was raised about use of the wording "developer" throughout the agreement and whether there should be mention of assignees. The developer can develop and there may be a question as to what hold the City has over anybody else. Mr. Gorland noted that in reference to this same item there is no reference to the use and maintenance of holding tanks. In the event there is any problem of someone's not abiding by the terms of the license, there should be a basis of terminating for cause. The cause would be the use and maintenance or improper use and main- tenance. The City Attorney pointed out Page 2., Paragraph 3., indicating that this should cover these concerns. The Council then discussed Page 2., Item 6. One interpretation of this paragraph was that the lines are already extended to the property. Once the cease and desist order has been lifted the owner can connect to the City sewer system and there is no reason to require a performance bond because the City will collect the fees upon issuance of a building permit. It was explained that the option is to put in lines or to fur- nish a performance bond. CM-33-3l8 January 24, 1977 (re Holding Tanks) It was suggested that the City require that the lines be installed at the time the holding tanks are approved, but the Council noted that they would prefer that the City not have to go to court for compliance to the performance bond. The City Attorney explained that the intent of the section is to do nothing but provide the Public Works Department with authority to extend one of the bonded public works improvements requirements that would be in a site plan approval, or the approval for the pro- ject, to begin with. Normally, the improvements are bonded for anyway if they are not put in at the time of the approval. This section was indicating that after all the other improvements were in and all bonds released, the sewer line bond could continue to run unless the developer went ahead and, concurrently with his project, installed the sewer lines. In this case, the bonds would be treated the same as if there were no cease and desist order. Earl Mason, Associated Professions, stated that the on--site sewer lateral is not bonded - it is part of the building permit. The sewer portion is included in the requirements relative to the streets because a developer would not want to tear up the streets to put in a sewer line later. Also, the developer will not want to tear up a parking lot or whatever may be in the way of a sewer line. He would suggest that the normal improvements be required with the project, as if sewage were available, and assuming sewage is available. The holding tank is a separate issue. Mr. Mason expressed concern with the wording in Paragraph l2., last page, and the City Attorney explained that the wording was based on Pleasanton's standards. The purpose is to keep a developer from expanding production without installing new holding tanks. If the wording is not absolute, it is subject to argument. Im- plicit in the wording is that this agreement shall immediately become void. The agreement can be amended by requesting an amend- ment from the Council. Mr. Gorland asked if it is necesary for each application to come to the Councilor if it can be administered by the Building Official. There is a provision in the Plumbing Code with regard to holding tanks. The Council indicated that they would like to see each application as a Consent Calendar item. The City Attorney explained that the Council would have to approve execution of a contract, in any event, and this could appear as a Consent Calendar Item. The City Attorney was directed to work on the agreement and bring it back to the Council for review. DISCUSSION RE COUNCIL AGENDA ORDER Cm Turner has expressed Agenda to allow Matters earlier in the meeting. by the Council. interest in changing the order of the Council Initiated and the City Manager's report The item has been scheduled for discussion The Councilmembers discussed the suggestion for a change in the format and Cm Turner explained that if people had the opportunity to hear Matters Initiated, they could then respond to something they were interested in. CM-33-3l9 January 24, 1977 (Agenda Format) The argument was made that most people who come to the Council meeting are present because there is an item on the agenda of interest to them. People do not generally attend a Council meeting to hear the comments of the Councilor the City Manager relative to the status of the City. They are present for specific business. It is true that there are people who attend Council meetings to hear many items but these same people would not leave the meeting as soon as Matters Initiated is taken care of. These people will stay until the end of the meeting regardless of whether Matters Initiated is listed early in the meeting or at the end. If something is said that is of particular interest to the citizens, this is reported the next morning the the news- paper. Jerry Wilverding, 4886 Primrose Lane, felt the members of the audience should have the opportunity to hear from the City Manager and the staff, and that people would become more in- volved if these items were presented earlier in the meeting. It was noted that the items scheduled on the agenda are very important, particularly to those applicants who may be involved, and that Matters Initiated generally are not emergency items. Also, while the report presented by the City Manager is impor- tant, it is relative to items which are underway, items past, Council policy, and for the press to report to the public. Mr. Christmas, 349 Pearl, stated that he feels the City Manager's report is very important and should be scheduled earlier in the meeting. It was noted that a change in agenda format would require the unanimous vote of the Council. There being no unanimous opinion concerning this item, no action was takenn. REPORT RE AC TRANSIT BUS STOP SHELTERS The Director of Public Works reported that A.C. Transit has requested permission to install three bus shelters in the side- walk area. One would be located along Murrieta in front of the medical offices, one would be located on Stanley in front of the Shell Station and the third on Stanley in front of the ARCO Sta- tion. The shelters would be of anodized aluminum, five feet in depth and about l2 feet long, and if there are no Council objections the encroachment permits will be issued for the shelters. ON MOTION OF CM KAMENA, SECONDED BY CM TURNER, AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED A MOTION APPROVING THE PROPOSED SHELTER CONSTRUCTION AND LOCATION, WITH ISSUANCE OF THE REQUISITE EN- CROACHMENT PERMITS. REPORT RE CITY IDENTIFICATION SIGN The Council received a memo from the Design Review Committee recommending modification of the existing City sign on the golf course adjacent to Highway 580, and that a similar sign be installed at the eastern approach to Livermore on 1-580. Item noted for filing. CM-33-320 January 24, 1977 CONSENT CALENDAR Departmental Reports The following departmental reports were noted for filing: Airport - Activity and Financial Building Inspection - December, 1976 Golf Courses - Las positas and Springtown Library - December, 1976 Revenues and Expenditures - 6 Mo. Ending l2/3l/76 Water Reclamation Plant - November, 1976 Res. Auth. Execution of Quitclaim Deed (Halyak) The Council adopted a resolution authorizing the Mayor to execute quitclaim deed to John and Lucia W. Halyak for property located along First Street. RESOLUTION NO. l8-77 A RESOLUTION AUTHORIZING EXECUTION OF, QUITCLAIM DEED (John and Lucia W. Halyak) Res. Rescinding Res. re Sale of Dogwood Park Site A resolution was adopted rescinding the resolution concerning the time limitation for the sale of the Dogwood Park site. RESOLUTION NO. 19-77 A RESOLUTION RESCINDING RESOLUTION l76-76 RELATING TO THE TIME LIMITA- TION FOR SALE OF DOGWOOD PARK SITE. The City Manager was asked to submit a quarterly report relative to the sale of this property, and Mr. Parness indicated that he would be reporting to the Council very soon. Payroll & Claims There were 206 claims in the amount of $285,517.88, and 266 payroll warrants in the amount of $102,785.87, for a total of $1,383,303.75, dated January l4, 1977, 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. MATTERS INITIATED BY THE STAFF (Sales Tax) The City Manager stated that Cm Dahlbacka had asked that he check to find out if a bill has been introduced to reapportion sales tax monies on the basis of population. CM-33-32l January 24, 1977 (re Sales Tax) The Legislative Library Index shows no such legislature introduced. (Leahy Square Audit) Mr. Parness reported that Cm Staley had asked a question con- cerning the Leahy Square audit. He has not reviewed the audit at great length, but he has discovered that the audit was as of June 30, 1975, which is a bit late. He explained that the reason they were late was because in the beginning there were no responses to their bids for auditors. They finally had a response in April of 1975, but the audit went to the HUD office where is was not redistributed for some time. A deficit was shown on the audit but they received money in 1976 which more than made up for this deficit. It should be important to know that the figures of the audit pertain only to the HUD grant, and do not reflect the general financial condition of Leahy Square. MATTERS INITIATED BY THE COUNCIL (Dog License Penalty) Cm Turner stated that he has received calls from people who are upset about the penalty for the dog license, as well as the fee for the dog license, and he would like to know if the Council would be interested in a report from the staff concerning dog license fees. The Councilmembers indicated that perhaps they could discuss this item at budget time. (Speed Limit Signs) Cm Kamena asked that the staff research the area of law dealing with the posting of traffic speed limit signs; specifically, whether or not the signs have to conform to the results of traffic surveys, or does the City have the ability to post relative to the best interest of the community. The City Attorney commented that he believes if radar is used, no conviction can be made unless the posted speed limit is supported by a valid traffic study done within five years. Cm Staley reported that the speed limit must be set at the nearest five mile increment for which 85 percent of the vehicles travel. Mr. Lee indicated that this is correct, but there can be extenuating circumstances that will allow a deviation from the normal setting of the speed limit; however, this must be justified. Cm Kamena stated that his concern is that Superior Drive connects Arroyo Road with Lexington, and a speed survey indicates that the speed limit through that residential area was as high as 68 mph. This is a very fast rate through a residential area. CM-33-322 January 24, 1977 (re Speed Limit) Cm Kamena asked if the City could support the installation of speed limit signs at various intervals on Superior Drive, for a reasonable speed, such as 25 mph, as well as crosswalks painted at the T-intersections to eliminate accidents because of the number of children who cross. Mr. Lee stated that he will investigate. It appears that this may be a policing problem and that crosswalks may be necessary. He will check and report back to the Council. It was suggested that routine policing might help solve the problem and even though a low speed could be posted the City couldn't get convictions from citations issued from a radar unit. Paul Tull, Linden Street, asked that the sign on Stanley Boulevard just west of El Caminito, be made visible. At present, it is behind a bush and cannot be seen. (Town Meeting for Budget Session) Cm Dahlbacka stated that he would like the Council to schedule a town meeting to discuss budget items, the first Monday in May. (Agenda Item re Length of Meeting) Cm Staley asked for an agenda item for the purpose of discussing a policy terminating Council meetings at ll:30 p.m., which will allow the Council half an hour to meet in an executive session and be finished by midnight. (Reappointment to League Committee) Cm Staley reported that he is being reappointed Transportation Committee, and he read a portion submitted by MTC relative to their intentions. that the Council might be interested in reading material from MTC. to the League's of the report He indicated some of the (Quarry Plan) Mayor Tirsell stated that she is very distressed to see that the Quarry Reclamation Plan is a 50 year plan and that none of us will ever live to see the end of it. She would like to suggest that a letter be sent to the Quarry Committee indicating that the City is specifically interested in the years 1977-2000 with the request that the Quarry Committee explore and pursue definite financing plans for the reclamation during those years. (Alameda County General Plan & City's Legal Options) Mayor Tirsell stated that Mr. Engle should be present during the discussion of the Alameda County General Plan and the City's legal options, at Mr. Engle's earliest convenience. CM-33-323 January 24, 1977 (re County Gen. Plan) Mayor Tirsell suggested that the Council begin discussion on February 7th with a 7:00 meeting, if this wwould be agreeable with everyone. The Council concurred. (Beautification) Mayor Tirsell stated that she received a telephone call from someone who reported that the property located across from Codiroli Ford is at the entrance to the City and has an open basement. Perhaps the Beautification Committee and Mr. Street could check into the complaint. (Waste of City Water) Mayor Tirsell stated that she is flooded with complaints from people who are concerned about the water being wasted on Stanley Boulevard and Murrieta every morning from the watering of the medians. Some mornings the water which has sprinkled into the streets is frozen. She asked that Mr. Lee check into the problem to see if something can be done. (COVA) Mayor Tirsell asked if Cm Turner would request that COVA resurrect COVA as a Valley Planning Commission with legal authority. This was the goal of the Valley Planning Committee. The City Manager did a lot of work on it which he probably can furnish, and Valerie RaYmond has expressed interest. (Resolution re Karl Wente) The staff was asked to prepare a resolution of condolence for the family of Karl Wente. ORDINANCE RE LICENSE TAX ON WHOLESALE SALES - MINIMUM TAX ON MOTION OF CM KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE ORDINANCE AMENDMENT RELATIVE TO LICENSE TAX ON WHOLE- SALE SALES, MINIMUM TAX, WAS ADOPTED. ORDINANCE NO. 9ll AN ORDINANCE AMENDING CHAPTER l2, RELATING TO LICENSES, OF THE LIVERMORE CITY CODE, 1959, BY AMENDING SECTIONS l2.23.l, RELATING TO LICENSE RAX ON WHOLESALE SALES, AND l2.34, RELATING TO MINIMUM TAX. CM-33-324 January 24, 1977 ORD. RE STORAGE CHARGES RE WATER SYSTEM ON MOTION OF CM KAMENA, SECONDED BY CM TURNER, AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED A MUNICIPAL CODE AMENDMENT RELATIVE TO STORAGE CHARGES RELATING TO WATER SYSTEM. ORDINANCE NO. 912 AN ORDINANCE AMENDING CHAPTER 24, RELAT- ING TO WATER, OF THE LIVERMORE CITY CODE. 1959, BY THE AMENDMENT OF SECTION 24.45, RELATING TO STORAGE CHARGES. ORD. RE PAYMENT OF FEES ON MOTION OF CM KAMENA, SECONDED BY CM TURNER, AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED A MUNICIPAL CODE AMENDMENT RELATIVE TO PAYMENT OF FEES. ORDINANCE NO. 913 AN ORDINANCE AMENDING CHAPTER l8, RELAT- ING TO SEWERS, OF THE LIVERMORE CITY CODE, 1959, BY THE AMENDMENT OF SECTION 18.4 THEREOF RELATING TO PAYMENT OF CONNECTION CHARGES. ADJOURNMENT There being no further Council business, the meeting was adjourned at l2:l5 a.m., to an executive session at 7:00 p.m. on Monday, February 7, 1977, in the Council Chambers, 39 South Livermore Avenue. APPROVE ATTEST CM-33-325 Adjourned Regular Meeting of February 14, 1977 An adjourned regular meeting of the City Council of the City of Livermore was held on February l4, 1977, at 7:00 p.m. in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 7:00 p.m. and immediately adjour- ned to an executive session to discuss pending litigation and personnel matters. The meeting Q APPROVE ATTEST C1ty Clerk Livermore, California Regular Meeting of February 7, 1977 A regular meeting of the Livermore City Council was held on February 7, 1977, 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. MINUTES - l/l7/77 ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE (Cm Turner abstaining due to absence) THE MINUTES OF THE MEETING OF JANUARY l7, 1977, WERE APPROVED, AS SUBMITTED. SPECIAL ITEM - SUGGESTION AND SERVICE AWARDS Mayor Tirsell presented Dick Makaiwi with a service award and the thanks of the entire City for 20 years of service with the City of Livermore. The following City employees were also presented with awards for suggestions: $5.00 Ron Schaffler - Correction to lack of recognition of stop sign at Pine and Rincon Avenue $5.00 $5.00 $5.00 $5.00 Ray Winegarner - Same suggestion as Ron Schaffler's Monte Maniz - re Water Conservation by revision William Kusich of hydrant testing procedures Curtis Hayes $15.00 Rick Dondro - Map of City offices locations $50.00 Tom Brammell - Fire simulator to improve training Ron Schaffler methods for emergencies CM-33-326 -2- feb 7 SPECIAL ITEM - DESIGN FOR MULTI-SERVICE CENTER The Social Concerns Committee has approved the design for the Multi- service Center, and has requested the opportunity to present the design to the City Council this evening. The building has been designed to house private and public social service agencies which are currently housed allover Livermore. Hopefully the services will be consolidated and will serve those who are in need of a certain service. Marion Mendelsohn, representing the Social Concerns Committee, explained that the Committee studied the community to be served in order to identify the target areas they felt were important to serve. They reviewed the services presently available in the Valley as well as those services not available and sent questionnairs to the various agencies to determine which agencies would be interested and the space needs of the building. The criteria for the building was that it should be flexible, because there is no way of knowing what services might be needed in the future. Mrs. Mendelsohn continued with the history concerning the basis for their decision as to the design, and the help they have re- ceived from everyone who has been involved in making the plans a reality. Sandy Hirshen, architect, explained the process and issues dealt with in arriving at the design for the building and added that the architects would really like to acknowledge the work done by the Committee in helping to create a design process that would be workable. One of the first items to be faced had to do with the site planning and location of the building which was done in cooperation with the Public Works Department and City staff, in general, in locating the building close to the Barn on Pacific Avenue with the creation of a certain amount of open space for both the Barn and the Multi-Service Center. He explained the many items considered in the planning and added that they have planned to accommodate a functioning building through a 24-hour period as well as to accommodate both large and small groups. It has been a complex task and they are not yet finished with interior design because they are still talking with prospective tenants who will give some additional shape to the interior of the building. Mr. Hirshen explained that one of the major considerations was that the building be compatible with the existing buildings on the site and they decided that materials could be used which would be compatible with the other designs. Another consideration was energy conservation on which they spent a month researching. They found that the use of double walls on the outside of the building would create a thick mass on the perimiter to eliminate heat from penetrating during the summer and to keep the heat from escaping during the winter, in addition to a double roof which will accomplish the same. He explained some of the processes they have been through and added that they are still within the budget for the building. The Mayor, on behalf of the Council, stated that the City is very pleased with the results of the ideas expressed about a year ago for what the City wanted and needed, and which the architects have tried to provide. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COUNCIL ACCEPTED THE DESIGN DEVELOPMENT FOR THE SOCIAL SERVICES BUILDING. CM-33-327 February 7, 1977 (re Social Services) Prior to the vote, the Mayor indicated that she has written to the County concerning their intentions to build County offices and the fear that this will dilute the philosophy of providing social services under one roof. A response has been received from Loren Enoch which indicates that they would be willing to rent space for County offices in the Social Services building and they would agree with the concerns expressed by the Mayor. Paul Tull, 2243 Linden Street, asked why the windows have been planned for installation on the north side of the building and Mr Hirshen explained that the glass will be on the north side to add to the lighting for the building. The south light is reduced because the heat gained during the summer would be more of a problem than the heat lost during the winter from the glass orr the north side. They have tried to balance out these things because both are problems. OPEN FORUM (Altamont Dump) Don Miller, 2862 Waverly Way, stated that there is to be a hear- ing on the Altamont Dump this week. He would like to bring several points to the attention of the Council and to point out that land fills are wrong, in principle. It is recognized by law and principle that recycling on a large scale is impor- tant, and that land fill should be eliminated. The Solid Waste Advisory Committee recommended no proliferation of land fills. The law says that recycling is important and approving the Altamont will be a long term commitment to a land fill which pre-empts recycling. It is necessary to go full speed ahead with plans for recycling which are in the Solid Waste Manage- ment Plan, and an alternative location for the dump on a short- term basis, would be the Vasco Road Dump. The rates for the Vasco Road Dump are controlled by the City of Livermore. Even though the City of Livermore will never use the Altamont Dump, our present contract commits Livermore to part of the cost of this project. On the basis of cost, the equity of the costs, and because of Livermore's recycling leadership, he would urge the City to take a strong position opposing the Altamont Dump, at this time. To approve it now would be a serious pre-empted mistake, in his opinion. It was noted by Cm Dahlbacka as the City's representative on the Solid Waste Management Committee chat this item was recently discussed at their meeting. Oakland Scavenger is anxious to receive approval on the Altamont site because this would allow no pressure for recycling or a transfer station in San Leandro. It was the previous position of the Council to oppose the Altamont Dump until such time recycling had been furthered and there were definite plans for energy savings. Some of this position could be extrapola- ted and sent with Cm Dahlbacka to the hearing. Cm Dahlbacka responded by saying that at the last meeting he attended, there were 'only two dissenting votes against including the Altamont in the short-term facilities planned. His was one of the dissenting votes and the concern was that the large capital investment involved in establishing the Altamont site in the short-term, would make it more diffi- cult to pursue some of the energy recycling and material CM-33-328 February 7, 1977 (re Altamont Dump) programs planned. He indicated that it is his understanding that PACE is organizing testimony in an effort to exclude the Altamont from the short-term facilities plan, which is a five year plan, on the basis that the Vasco Road site appears to be adequate to handle the needs through the short term. He added that he would like a brief environmental assessment of any possible dammage that might result in massive dumping at the Vasco Road site. It is an approved site and does not require an Environmental Impact Report, but he would like the County staff to take a look at it. He has already made this request but as yet has received no response. (Springtown Golf Course) DickJtUL'~, l56l Bluebell Court, stated that he is a homeowner and l1ves adjacent to the Springtown Golf Course. He is concerned about the golf course and he is not in favor of leasing any part of the golf course or~y of the facilities to the City of Livermore. He stated that he was a member of the ad hoc committee which was~,J~ . formed to save the gol f . course and he ' 4v not ~rt3~ in favor of the City leasing anything relative to the golf courset-Y because other alternatives have not been investigated. He believes it is possible for the golf course to have a pro shop without taking 75% of the craft shop from the Springtown Association. He will request that the City Manager be directed to investigate other alternatives and he will request the same of the Springtown Board of Directors. (re LAVWMA Wastewater Disposal Alternative) Ray Faltings, l018 Via Granada, stated that according to the news- paper, a contract has been signed with engineers to study three wastewater disposal alternatives. He attended a February 2nd meeting and he believes the intention of the engineers is to favor the original plan to pump the wastewater over the Boehmer Summit. He would be interested in knowing why the natural stream bed of Niles Canyon has not been considered in transporting the wastewater to the South Bay. Should the South Bay discharge be not acceptable, the wastewater could enter the EBDA interceptor in the Union City, Fremont area. The Mayor commented that Mr. Faltings will be getting an answer to some of these questions after March 25th. (Springtown Golf Course) Franklin Hebra, 4863 Primrose Lane, stated that people in his area would like to see the Springtown Golf Course remain open but they feel the added play on the course will not justify the loss of the Association members, or the cost to the taxpayers. They feel that advertising could increase the amount of play on the course. PUBLIC HEARING RE ESTABLISHMENT OF AGRICULTURAL PRESERVE In accordance with state statute, a public hearing has been scheduled to hear public testimony concerning two applications to place property in Agricultural Preserves. The applicatants are Dublin Properties, Inc., and J. K. Birchfield, et al. The parcels are 77.01 acres and 57.90 acres, respectively, and are located east of Kitty Hawk Road, south of I-580. CM-33-329 February 7, 1977 (P.H. re Agri- cultural Preserve) The applications have been processed through the Planning Com- mission and adoption is recommended. Following the close of the public hearing it will be necessary to adopt a resolution authorizing establishment of the preserve and exdctuion of the contract. THERE BEING NO PUBLIC TESTIMONY, ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. CM STALEY MOVED TO ADOPT A RESOLUTION AUTHORIZING THE ESTABLISH- MENT OF THE AGRICULTURAL PRESERVE AND EXECUTION OF THE CONTRACT, AS SET FORTH IN THE AGREEMENT. MOTION SECONDED BY eM KAMENA AND PASSED BY UNANIMOUS VOTE. RESOLUTION NO. 32-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Birchfield, Smith, Haley and Schenone) RESOLUTION NO. 33-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Dublin Properties, Inc.) PUBLIC HEARING RE SIDEWALK REPAIR The Sidewalk Repair Program is an annual program requiring a public hearing for the purpose of receiving any protests as to the expense involved. THERE BEING NO PUBLIC TESTIMONY, ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, A RESOLUTION CONFIRMING ASSESSMENTS FOR SIDEWALK REPAIRS WAS ADOPTED. RESOLUTION NO. 20-77 A RESOLUTION OVERRULING PROTESTS AND CON- FIRMING ASSESSMENTS FOR SIDEWALK REPAIR Cm Turner asked for a report from the staff outlining the criteria used in justifying the need for sidewalk repairs, and Mr. Lee responded orally. COMMUNICATION URGING RECON- SIDERATION OF CHANGES IN TRAFFIC PATTERN - NO. LIVERMORE A letter was received from Martaret Montan, President of the Junction Avenue School P.T.A., urging that the Council reconsider the changes in the traffic pattern on North Livermore Avenue, approved by the Council at. the meeting of January 24, 1977. Kathy Tuttle, 924 Ventura Avenue, Junction Avenue student, reported that removal of the stop signs on North Livermore Avenue at the Chestnut Street intersection, is causing unnecessary safety hazards for students who have to cross North Livermore to get to Junction Avenue School and Livermore High School. CM-33-330 February 7, 1977 (Thru Traffic - No. Livermore Ave.) Kathy indicated that many students have expressed concern for their safety in crossing North Livermore without the four-way stop. Mike Markowitz, Junction Avenue student, also expressed concern for the hazards at that intersection and asked that if the City will not provide a four-way stop that a crossing guard be placed at that intersection for students going to and from school. Muriel Hops, 943 Ventura, representing parents in the area, indicated that the intersection is particularly hazardous to pedestrians because of the width of the street. If a car is in the left turning lane it obstructs the view of the driver in that direction, and he may not see a pedestrian trying to cross. She felt that the four-way stop was implemented for a reason and that it should remain. David Halp, 943 Ventura, stated that this particular intersection is a major crossing for children going to school. The street drops down into an underpass, and the bridge does obscure a driver's vision. In removing the four-way stop, the lines for stopping on Chestnut were moved forward which now permits a driver to see into the underpass, but the stop only on Chestnut is not adequate to assure safety for pedestrians. Marla Conekter, 881 Ventura Court, stated that about eight years ago the City was experiencing the same type of problem at Olivina and ~1urrieta Boulevard, and the four-way stop was provided to help alleviate the problem, and she cannot understand why the City would want to remove a four-way stop when it affects many pedestrians. Margaret Montan read an article from a newspaper which indicated that traffic signals would be too expensive to install at that intersection and she pointed out that a child's life is worth more than what it would cost to install traffic signals. Paul Tull, 2243 Linden Street, stated that he would have to agree with the testimony which has been presented to the Council on this item. He added that if the four-way stop is again installed the lines on Chestnut should be moved back again because otherwise a pedestrian is walking out in the street if he walks in front of the stop-bar. Mr. Dominguez, Livermore, stated that he has observed that many people are stopping, even though the stop signs have been removed. Those who realize the signs are gone, move through the intersection but others are stopping because they are used to doing so. Council discussion followed the tesimony presented and the point was made that perhaps a sign indicating "School Crossing" would be helpful in warning motorists that children might be crossing at the intersection. Mr. Lee explained that the state will not allow a sign of this type unless it is within 600 ft. of the school, and in this case it is not that close to the school. He reported that a survey indicates there are 93 pedestrians and 31 bicyclists going to and from school at this intersection, most of which are junior high or high school students. In order to provide for a crossing guard there would have to be a minimum of 40 children crossing in two consecutive hours and CM-33-33l February 7, 1977 (Thru Traffic - No. Livermore Ave.) 350 cars passing the intersection. This is the number of warrants for elementary children and does not apply to the older students. The City hasn't conducted a count of the number of cars passing the intersection in two consecutive hours, but it is probably nearly 350. Rick Dondro, City Engineer, explained that he conducted the count of students crossing and found that it was 93 pedestrians and 3l bicyclists. Mr. Lee explained that traffic lights were planned for the inter- section as part of the railroad project, but there were not suf- ficient funds to provide for the lights. This was the reason the four-way stops were allowed, and there were many complaints about the requirement to stop on North Livermore, and the staff felt that by moving up the stop bars on Chestnut and removing the stop signs on North Livermore the street could again be allowed through traffic without stops. Prior to the development of the underpass this intersection was not an intersection with a high rate of accidents. Since the removal of the four-way stop, Mr. Dondro has reported that the system seems to be working well with some adjustments that will have to be made by the motorists in realizing that ,the stop signs have been removed in the north/south direction. The Police Department is also keeping a watch over the prob- lems concerning the intersection and the staff will keep the Council informed if there are any developments. It was mentioned that perhaps the staff could prepare a report on this item so that the Council would have the opportunity to review the testimony which has been presented and to make no decision this evening. It was suggested that in the report there should be a pedestrian count for both morning and after- noon as well as a traffic count through the intersection. The staff should evaluate the best means of alerting the motorists of the pedestrian crossing also. It was mentioned that perhaps some type of crossing could be provided along the railroad right-of-way, and Mr. Lee indicated that the cost of a bridge across the right-of-way would be very excessive. The staff was directed to report back to the Council on the 28th, with a copy of the report to be sent to Mrs. Montan. RECESS Mayor Tirsell called for a brief recess after which the Council meeting resumed with all members of the Council present. COMMUNICATION RE WASTE- WATER PROJECT FUNDING A copy of Senator Holmdahl'sletter to LAVWMA relative to the Wastewater project Funding was distributed to the Council for informational purposes. Letter noted for filing. CM-33-332 February 7, 1977 REQUEST FROM DEPT. OF TRANS. TO DESIGNATE REPRESENTATIVE A letter was received from the Department of Transportation asking that the Council select a representative to assist in the imple- mentation of of transportation demonstration projects. Cm Staley has been the representative on the League Transportation Committee and it was the unanimous vote of the Council to select him as the representative, with the City Manager designated as the alternate representative. COMMUNICATION RE WATER SUPPLY A letter was submitted by the Zone 7 of Alameda County Flood Control and Water Conservation District, relative to the water supply situation and encouraging water conservation. It is predicted that there will be adequate water for this summer but water conservation is encouraged. Item noted for filing. RESIGNATION FROM AIRPORT ADV. COMM. A letter of resignation from the Airport Advisory Committee was submitted by William Bennett. The staff was asked to send a letter thanking Mr. Bennett for his service on the Committee and to plan to make an appointment to fill this vacancy next week. COMMUNICATION RE CURBSIDE DELIVERY A letter was received from Postmaster Eldridge informing the Council that he has received approval to extend delivery service to clusters of two or more mail boxes behind the sidewalk. At the present time the Meadows and Shadowbrook areas are receiving curbside delivery and the Park and Country may soon be requesting this type of service. Item was noted for filing. CITY MANAGER REPORT RE LEAHY SQUARE The City Manager prepared a report which included information from the Police Chief, concerning the problems which were brought to light at the last Council meeting. The Council had instructed that Mr. Parness investigate and report back to the Council on some of the problems. In summary, the following recommendations were made by the City Manager which might significantly ease the situation: l. Increased and improved exterior street lighting should be installed throughout the area at the earliest possible time. 2. Each residential unit should be provided with the necessary minimum security locking devices. Perhaps a portion of the cost of the fixtures could be shared by the Housing Authority. CM~33-333 February 7, 1977 (re Leahy Square) 3. The Housing Authority should investigate the feasibility of retaining their own trained security force. 4. Police security measures such as "Operation Identification" should be practiced and used by all tenants. 5. The residents, either throught the formation of their own committee structure or based upon an individual dedicated personal commitment should resolve to immediately report any and all instances of crime, delinquency practices and van- dalism witnessed by them to police authorities. 6. If statutorily permissible, the Housing Authority Board should formulate a policy which would mandate tenant evic- tion if any family members are found guilty in the commit- mitment of a major crime, and also for serious acts of vandalism, following reasonable warning. The Cit~ Manager reported that it is the sincere intention of our Pol1ce Department and his office to cooperate in any manner possible with the Housing Authority and its residents in striv- ing to relieve this very serious problem. The Mayor stated that she has contacted five agencies who are particularly interested in youths and the problems of people and they have promised to attend the tenants meetings soon. These people have been advised to contact Mary Everett for information and to use her as a contact person for reference and information. Two of the agencies indicated that they be- lieve they have programs that would benefit the youths in the area and LARPD is also taking an interest and will attend the meetings. People from the Leahy Square gave testimony which reflected many of the complaints given at the last meeting. One tenant indicated that her two year old child was narrowly missed by a speeding car and when she telephoned the Police Department someone arrived to make a report on the incident an hour later. Mary Everett, representing the Leahy Square tenants, indicated that she believes the City is taking a first step in trying to take care of the problems but it is a two-way project in which the City and the tenants must help and cooperate. Betty Perry, Leahy Square resident, felt that their primary objective is to get more policemen in their area to help protect them. The point was made that additional police protection would probably not be as beneficial as the people reporting or making out complaints about the people doing the damage and causing trouble and that the people who live in Leahy Square could help considerably by organizing and fighting the problems that exist. People will have to become vigilent and report any kind of crime they observe and the Police Department will respond at the earliest possible opportunity to any call. Mr. Parness offered his apology to the woman who reported that her child was nearly hit by an automobile and that the pOlice did not respond for one hour, and tried to reassure the people that the City is very concerned about their prob- lems and are working on things that might be of help to them. CM STALEY MOVED TO COMMUNICATE WITH THE HOUSING AUTHORITY TO PRESENT THE OUTLINED SUGGESTIONS, MOTION SECONDED BY CM TURNER. CM-33-334 February 7, 1977 (re Leahy Square) Mr. Dominguez, tenant, stated that even though the Leahy Square area is fenced, high school students come into the area and gather in one corner at night where there is very little light and do a lot of drinking until all hours of the night. There are sometimes as many as 15-20 people that gather and drink and he feels something should be done about that problem. CM STALEY INCLUDED IN THE MOTION THAT THE ENTIRE REPORT BE SENT TO THE LIVERMORE SCHOOL BOARD FOR THEIR INFORMATION AND THE AFFECT THIS TYPE OF THING MAY HAVE ON LIVERMORE HIGH SCHOOL. INCLUDED IN THE INFORMATION SHOULD BE A COpy OF THE POLICE REPORTS AND THE RE- PORT FROM THE CITY MANAGER. SECONDED BY CM TURNER. The City Attorney was asked about the City's limit in responsibility with respect to the reversal of the appointment to the Housing Authority process. The City Attorney indicated that he is not familiar with the spe- cific statutes on that point but he would assume that beyond the specific term of years, there would be room for cause, and that would be gross dereliction of duty or something of this nature, but he is not absolutely sure. CM STALEY ALSO INCLUDED IN THE MOTION THAT THE CITY IS REQUESTING A REPORT FROM THE HOUSING AUTHORITY WITHIN THREE WEEKS, AS TO WHICH ITEMS WERE IMPLEMENTED AND WHICH WERE NOT AS WELL AS A REPORT AS TO WHY CERTAIN ITEMS WERE NOT IMPLEMENTED, AS WELL AS A TIMETABLE SHOWING PROGRESS. REQUEST SHOULD ALSO BE MADE BY THE LIVERMORE SCHOOL BOARD, CONCERNING THE ACTIVITY TAKING PLACE BEHIND LIVERMORE HIGH SCHOOL. ALL ITEMS SECONDED BY CM TURNER. MOTION PASSED BY UNANIMOUS VOTE. REPORT RE SISTER CITY AIR FARE A second Sister City Committee has been established with Yotsukaido, Japan, and the City Council had directed the staff to schedule dis- cussion of possible withdrawal of the annual travel allotment for the current Sister City Committee, after they had the opportunity to react to this suggestion. The item has been scheduled for discussion this evening and repre- sentatives from both committees have been asked to attend the meeting. Up until this time the City has provided the fare to cover the cost of two airline tickets for representatives to visit Quezaltenango, Guatemala, which approximates $800. Bill Neff, representing the Sister City Committee of Quezaltenango, explained that the Committee has very little money and the City has provided air fare for 13 years which has become a tradition they would not want to forfeit. .The 3l family committee members have always entertained representatives arriving from Quezaltenango, at a cost to them, and the only help the City has ever given has been the air fare. They are willing to entertain the visitors at a cost to them as an example of good will and hospitality but they would appreciate the continuance of the air fare. The comment was made that is it very distressing to learn that there are only 3l families who are involved in the Sister City Committee and it would be difficult to justify $800 in a travel allowance when only 31 people out of a population of 50,000 are interested in this type of program. CM-33-335 February 7, 1977 (re sister City Air Fare Allotment) The Council discussed the possible withdrawal of funds to the sister City Committee and it was suggested that perhaps the Committee could plan fund raising events to cover the cost of the air fare so that the City would no longer have to pay for two tickets, as has been done in the past. The comment was made that people who entertain the guests from Quezaltenango sometimes spend as much as $600-$800 because they take lO-l2 people out to dinner, etc., and it seems a little unfair that the City expects people to entertain guests from another country out of their own expenses and that the City will not help at all. CM DAHLBACKA MOVED THAT THE CITY ELIMINATE THE DONATION OF $800 FOR ANNUAL AIR FARE TO QUEZALTENANGO. MOTION SECONDED' BY CM TURNER AND THEN WITHDRAWN DUE TO A MISUNDERSTANDING OF THE MOTION. CM STALEY MOVED TO BUDGET $800 PER YEAR FOR TRANSPORTATION EXPENSES FOR THE TWO SISTER CITY COMMITTEES, WITH DETERMINA- TION MADE AT THE APPROPRIATE TIME, WHAT TRAVEL ARRANGEMENTS WILL BE MADE. MOTION SECONDED BY CM KAMENA. Cm Staley explained that it would be his intention that the $800 would accumulate and a decision can be based upon a particular year and a particular Sister City involved. em Dahlbacka explained that he would vote against the motion on the basis that there are problems evident in Livermore and it would be appropriate to eliminate a donation of $800 towards travel expenses to another country as a symbolic gesture. The argument was made that the interrelationship of two countries is very important and the City should be willing to support this type of exchange. MOTION PASSED 3-2 (Cm Dahlbacka and Mayor Tirsell dissenting). REPORT RE PERMIT RELEASE - TRACT 26a9 A request has been made by D. Dewey Watson on behalf of Great American Land Development Company, Tract 2619, which indicates that of their 58 building permits, 26 were approved by the Building Department prior to the effective date of the cease and desist order. Most of the fees for the permits have been paid, they have been fully processed, and Great American Land feels that they should be issued without any type of restriction. Mr. Watson explained that what he is requesting is that the Council allow the City Attorney to request an opinion from the Regional Water Quality Board staff as to whether they feel the permits should be included in the cease and desist order. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE COUNCIL DIRECTED THE CITY ATTORNEY TO MAKE AN INQUIRY OF THIS NATURE ON BEHALF OF GREAT AMERICAN LAND AND DEVELOPMENT COMPANY. CM-33-336 February 7, 1977 CONSENT CALENDAR Report re Public Works Capital & Investment Act Grant The Council adopted a resolution authorizing the City Manager to execute the offer of a grant in the amount of $l,538,400, for the First Street Overhead Project, from the Public Works Capital and Investment Act Grant. RESOLUTION NO. 24-77 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE OFFER OF GRANT (East First Street Overhead) Res. re P.M. 2048 The Council adopted a resolution approving the subdivision agree- ment for Parcel Map 2048 (Olivina area). RESOLUTION NO. 25-77 RESOLUTION ACCEPTING AGREEMENT AND BONDS FOR IMPROVEMENTS TO TRACT PM 2048 Res. reAmendment to Limited Parking A resolution amending the limited parking zones resolution was adopted. RESOLUTION NO. 26-77 A RESOLUTION AMENDING RESOLUTION NO. l29-72, AS AMENDED, RELATING TO LIMITED PARKING ZONES, BY THE ADDITION OF A TWO- HOUR LIMITED PARKING ZONE, TO WIT, 4th STREET BETWEEN "M" STREET AND "N" STREET. Res. Rej. Claim (Ray Pirro) A resolution rejecting the claim of Ray Pirro, was adopted by the Council. RESOLUTION NO. 27-77 A RESOLUTION REJECTING THE CLAIM OF RAY PIRRO, ALSO KNOWN AS RAY VIEL Res. Confirming Appointments The following resolutions were adopted, confirming appointments. Cm Staley abstained on the resolution of appointment to the Housing Authority Board on the basis of a conflict of interest. RESOLUTION NO. 28-77 A RESOLUTION APPOINTING MEMBER TO HOUSING AUTHORITY BOARD (Gerald Richards) CM-33-337 February 7, 1977 RESOLUTION NO. 29-77 A RESOLUTION REAPPOINTING MEMBER TO DESIGN REVIEW COMMITTEE (Barbara Baird) RESOLUTION NO. 30-77 A RESOLUTION REAPPOINTING MEMBER TO DESIGN REVIEW COMMITTEE (Gloria Taylor) Res. re Right-of-Entry Agreement (S.P. Trans- portation - First St. Overhead) The right-of-entry agreement has been offered by Southern Pacific Transportation Company which will permit the planned First Street Overhead Project, and the Council adopted a resolution authorizing execution of agreement. RESOLUTION NO. 3l-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Right-of-Entry: Southern Pacific Transportation Co.) Report re Self-Insurance Workers Compensation A report was submitted by the City Manager relative to self-insured workers compensation program for informational purposes and was recommended for filing. P.C. Summary of Action 2/l/77 The Summary of Action was submitted to the Council by the P.C. for their meeting of February l, 1977, and noted for filing. P.C. Minutes of l/4/77 The Planning Commission minutes from the meeting of January 4, 1977, were distributed to the Council for information. Payroll & Claims There were 90 claims in the amount of $106,425.74, and 297 payroll warrants in the amount of $100,775.35, for a total of $507,20l.09, dated January 21, 1977. There were 59 claims in the amount of $79,667.80, dated January 25, 1977, and lOO claims in the amount of $86,594.06, dated January 3l, 1977. All of the above were approved by the City Manager. CM-33-338 February 7, 1977 APPROVAL OF CONSENT CALENDAR ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. APPEAL RE SPRINGTO~VN NEIGHBORHOOD SHOPPING Mr. Wolfgang F. Hahn has requested a variance to permit a reduction in the floor area and parking area for a neighborhood shopping center to be located in the Springtown area. The Planning Commission approved the variance, contingent upon a resubmittal of the site plan, and Mr. Hahn has requested that if there is to be discussion or a decision beyond that of the P.C., the item be continued. The Councilmembers indicated that they would like to discuss the variance as well as the new site plan, and would honor the request to continue. ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE ITEM WAS CONTINUED TO THE MEETING OF FEBRUARY l4, 1977. REPORT RE SEWAGE HOLDING TANKS The City Attorney prepared a resolution relative to policy regard- ing use of sewage holding tanks, for review and adoption by the Council. This item was discussed at the last Council meeting. Cm Staley requested a wording change in the first resolve, to read as follows, and the Council concurred: 1) - 4th line: "only until such time as both of the fOllowing conditions are met, any cease and desist order of the Regional Board has been lifted and there is remaining treatment capacity.....etc." ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED. RESOLUTION NO. 21-77 A RESOLUTION ESTABLISHING POLICY REGARDING USE OF SEWAGE HOLDING TANKS. REPORT RE WATER SYSTEMS POLICIES It was noted that the discussion on the Water Systems policies may be lengthy and that the item should be continued. ON MOTION OF MAYOR TIRSELL, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, THE ITEM WAS SET FOR A STUDY SESSION ALONG WITH THE DEVELOPMENT FEES (Item 4.2). REPORT RE DEVELOP- MENT FEES The item relative to development fees was included in the motion to be set for a study session (above motion). CM-33-339 February 7, 1977 REPORT RE 1976 STATE PARK BOND FUND DIST. The City Manager reported that the County is going to receive $4.l million from the 1976 State Park Bond Fund. A decision is yet to be made by the County as to the method for apportion- ment to the local agencies. The East Bay Regional Park District is proposing that their agency receive 25% of the total amount, but the City Managers of the County are recommending that the entire amount be appropriated on a per capita basis. The two suggestions will be discussed at the next Alameda County Mayors Conference meeting. The law requires that the apportionment method be approved by 50% of the cities within the County, representing at least 50% of the population. LARPD supports the apportionment based on a per capita basis and it is recommended that the Council sup- port this suggestion. ON MOTION OF CM STALEY, SECONDED BY CM TURNER, AND BY UNANIMOUS VOTE, THE APPORTIONMENT, PER CAPITA SUGGESTION WAS ENDORSED. RES. RE VANDAL- ISM COMMITTEE The City Manager reported that the City Council suggested the establishment of a public agency vandal committee with par- ticipation by all local public jurisdictions, i.e., City, School District, LARPD, and Housing Authority. Each of the agencies have been contacted with the suggestion that the com- mittee be established to review and hopefully determine the cause, cost and parties responsible for significant damage occuring to property owned by any of the public agenices. The committee would be responsible for determining whether a group or individual would be responsible for reporting the person or persons who would be found guilty of causing damage, and if such was the case, to recommend that the govern- ing board of that public jurisdiction issue a monetary reward of an amount up to $500 for reporting persons. Each of the local jurisdictions have agreed to participate in the program and it is recommended that a resolution be adopted authorizing such a committee. RESOLUTION NO. 22-77 A RESOLUTION AUTHORIZING PARTICIPATION IN A PUBLIC AGENCY VANDALISM COMMITTEE REPORT RE SCREENING PROCESS FOR PLAN- NING DIRECTOR The City Manager reported that ll7 applications have been re- ceived for the position of Planning Director. Of this number, 8 to l2 applicants will be selected which present the most qualified credentials and work related experience, and will be requested to appear for personal interviews. A panel will be formed consisting of the City Manager, two outside expert persons, a member of the City Council and a member of the Planning Commission. From the interview process no more than three applicants will be selected for possible subsequent interview by the full Council. CM-33-340 February 7, 1977 (re Interviews for Planning Director) It is recommended that the Council select a member of the Council to participate in the interview process and to recommend that the Planning Commission do likewise. The Council selected the Mayor and the Vice Mayor to be members of the interview panel and directed that the Planning Commissiqn be asked to select a member to serve on the panel. REPORT RE APPRAISAL OF PENTACOSTAL BIBLE COLLEGE PROPERTY The item concerning the appraisal of the Pentacostal Bible College property was continued for one week, ON MOTION OF CM TURNER, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE OF THE COUNCIL, PENDING A RESPONSE FROM LARPD AND THE SCHOOL DISTRICT. COUNCIL DISCUSSION RE NEXT COUNCIL MEETING It was noted that next Monday is a legal Holiday, February 2l, and the Council normally meets the Tuesday after the holiday. February 22nd is the date for which the dinner for the City Manager of Pleasanton has been scheduled and the Council concluded that they would meet on Wednesday, February 23rd. All items which have been continued for one week will be scheduled for February 23, 1977. REPORT RE HIGHWAY/ROAD PROJECTS PRIORITY LISTS A priority list for highway and road projects was submitted to the Council for review. One list was for County/City road con- struction, and the other was a priority list for the five year Federal-Aid Urban Program. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT REGARDING FAU PROJECTS. RESOLUTION NO. 23-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Federal Aid Urban Projects) CM STALEY MOVED TO REDRAFT THE CITY/COUNTY PRIORITY LIST AS FOLLOWS: l. East Avenue Reconstruction 2. Traffic Signal, Murrieta/Portola 3. Isabel Ave. Extension 4. Mines Road Extension 5. Concannon Boulevard Extension 6. Signalization, East Ave./Charlotte 7. Vasco Road Reconstruction 8. Greenville Reconstruction 9. Cayetano Boulevard, Airway Boulevard to Collier Canyon Road It was explained that only the first two items would be accomplished this year and the other priorities can be changed next year. CM-33-34l February 7, 1977 (Highway/Road Const. Priority Lists) It was then suggested that the priority list only the first two top priorities (East Avenue Reconstruction and the Traffic Signal at Murrieta/Portola) and that the other remaining items be noted as high priority without numbers. CM STALEY MOVED TO LIST THE FIRST TWO ITEMS ON THE PRIORITY LIST AS PRIORITIES ONE AND TWO, WITH THE REMAINING ITEMS TO BE LEFT WITH NO NUMBER. MOTION SECONDED BY CM KAMENA., AND PASSED BY UNANIMOUS VOTE. THE STAFF WAS ASKED TO INCLUDE THE BICYCLE PROJECT IN THE REMAINING ITEMS WITHOUT NUMBERED PRIORITIES. Mr. Lee had also explained that priorities for the FAU Priority List could be changed, during the next five years, if the Council wishes. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE PRIORITY LISTS WERE APPROVED WITH DIRECTION TO THE STAFF THAT THEY BE CONSIDERED AT THE TIME CAPITAL IMPROVEMENTS ARE DISCUSSED AT BUDGET TIME. INTRO. OF ORD. RE SUBDIVISIONS ON MOTION OF CM KAMENA, SECONDED BY CM TURNER, AND BY UNANIMOUS VOTE, THE COUNCIL INTRODUCED THE MUNICIPAL CODE AMENDMENT RE SUBDIVISIONS WHICH WAS READ BY TITLE ONLY. ORD. AMEND. RE BICYCLE REGULATIONS The ordinance relative to bicycle regulations was postponed until the item has been referred to the Bikeways Assocation and a response received. ORD. AMEND. RE SPRINGTOWN AREA PROPERTIES ON MOTION OF CM KAMENA, SECONDED BY CM TURNER, AND BY UNANIMOUS VOTE, THE ZONING ORDINANCE AMENDMENT TO REFLECT ACTION TAKEN AT A RECENT HEARING FOR PROPERTIES LOCATED IN THE SPRINGTOWN/I-580 AREA, WAS INTRODUCED AND READ BY TITLE ONLY. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at ll:lO p.m. to an executive session to discuss litigation. ~ 11] '1l~.<lljJ Mayor APPROVE ATTEST CM-33-342 Regular Meeting of February l4, 1977 A regular meeting of the Livermore City Council was held on February l4, 1977, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:l0 p.m. with Mayor Tirsell presiding. ROLL CALL Present: Cm Dahlbacka, Turner, and Mayor Tirsell Absent: Cm Kamena (excused - ill) and Cm Staley (seated later) PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. MINUTES - 1/24/77 ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF JANUARY 24, 1977, W~ERE APPROVED, AS SUBMITTED. OPEN FORUM (Citizens Against Redevelopment) Paul.. Tull, 2243 Linden Street, speaking on behalf of Citizens Against Redevelopment (CARD), stated that they oppose the general concept of exporting Valley wastewater via pipeline to the Bay, and reported their reasons in a prepared statement which was presented to the Council. (Condemnation of Private Property) William Hurdlow, ll43 Aberdeen, expressed opposition to the City's plan to condemn property owned by Elba Leonard and to take some of his trees for the public. (Truck Garden) Dick Christmas, 394 Pearl Drive, stated that he has developed a truck garden in his back yard and he would like to know if it will be possible to have sufficient water to continue with this project. It was explained that the City doesn't anticipate water rationing in the Valley this coming summer~ however, conservation is being encouraged and in the event rationing is imposed it would be up to individuals as to how they wish to use their allotment. PUBLIC HEARING RE REZONING OF PROPERTIES - TREVARNO RD. AREA The public hearing for the proposal to rezone properties on the east and west sides of Trevarno Road from the I-l District to such other districts as may be found appropriate in conformance with the City General Plan, has been scheduled this evening for the purpose of receiving public testimony, and to consider the Environmental Impact Document. CM-33-343 February 14, 1977 (re Treva~no Rd.) ~1ayor Tirsell explained that the resolution adopted by the Planning Commission recommends adoption of the Negative Declaration and rezoning from I-l to RS-3 based on the finding that the proposed rezoning is in conformance with the General Plan with respect to land use. Mayor Tirsell opened the public hearing for public testimony. CM STALEY WAS SEATED AT THIS TIME. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED WITH NO PUBLIC TESTIMONY OFFERED. It was noted that the Heritage Preservation Designation was not included in the ordinance at the time this item was discussed by the Planning Commission, and as a result they could not recommend said designation at the time they made their recom- mendation. In the interim, the City has adopted this designa- tion but technically it cannot be included in the Heritage Preservation District, without the recommendation of that com- mittee. The City Attorney explained that the designation that will be assigned will be residential and if this is to be in the Heri- tage Designation it will have to be referred back to the com- mittee and they will make a recommendation to the P.C. CM DAHLBACKA MOVED TO DIRECT THE STAFF TO PREPARE AN ORDI- NANCE TO CHANGE THE I-l ZONING TO RS-3 DISTRICT, INCLUDING IN THE WHEREAS CLAUSES THAT THE AREA HAS HISTORICAL CHARACTER, AND ALSO ACCEPTING THE NEGATIVE DECLARATION. MOTION SECONDED BY CM STALEY, AND PASSED BY UNANIMOUS VOTE. CM DAHLBACKA MOVED TO REFER THIS ITEM TO THE PLANNING COM- MISSION FOR POSSIBLE INCLUSION IN THE HERITAGE PRESERVATION DISTRICT. MOTION SECONDED BY CM STALEY, AND PASSED BY UNANI- MOUS VOTE. COMMUNICATION RE LOGO SIGNS IN HIGHWAY RIGHT-OF-WAY A letter has been received from the Department of Transporta- tion, rejecting the proposal for logo signs to be allowed in the freeway right-of-way. It was noted that the P.C. intends to investigate this possi- bility and the letter was noted for filing. COMMUNICATION RE REQUEST FOR FUNDS (Liv. Heritage Guild) A letter was received from the Livermore Heritage Guild request- ing a statement of support for appeal of a grant from the State Park Bond Act of November 1976. The Alameda County Parks Advisory Commission has advised that if the Heritage Guild would submit a proposal for the funding of a specific project they would be willing to review it when making their decisions about the allocation of the $4 million grant the County will be receiving. CM-33-344 February 14, 1977 (Liv. Heritage Guild Funding) In order to make application, the Council must state that the Livermore Heritage Guild is a responsible agency capable of administering a grant. The City would be acting as an agent of the County and the funds would be sent to the City rather than the Heritage Guild. CM STALEY MOVED TO ADOPT THE STATEMENT NECESSARY FOR APPLICATION OF THE FUNDS, SECONDED BY MAYOR TIRSELL. The City Manager explained that he believes the application would be a joint application on behalf of the City and LARPD. It is conceivable that the City would be the only recipient with LARPD taking part as park improvement and maintenance authority. Discussion followed as to whether or not the application by the Heritage Guild would mean that money would come out of the City's share of this grant. It was concluded that it mayor may not come out of the City's share because it is not yet determined that there is an Alameda County section and a municipal section. The group that will receive the applications will determine how much of the money will go each way, and the Heritage Guild application may mean a reduction in the amount of money LARPD may receive. If this is the case, they should at least be informed and have the opportunity to show the Council their projects as well as other groups, for consideration relative to priorities. THE MOTION WAS RESTATED AS FOLLOWS: THAT THE COUNCIL SUPPORT THE APPLICATION, IN PRINCIPLE, BECAUSE IT IS A WORTHY PROJECT THAT SHOULD BE CONSIDERED FOR FUNDS IF THE COUNTY BOARD OF SUPER- VISORS DIVIDE THE FUNDS ACCORDING TO HISTORICAL PRESERVATION ALLOT- MENT AND A GENERAL PER CAPITA ALLOTMENT. IN THE EVENT THEY PROVIDE THE FUNDS ONLY PER CAPITA, THE COUNCIL WOULD RECOMMEND THE PROJECT TO LARPD FOR CONSIDERATION AT THEIR BUDGET SESSION. MOTION SECONDED BY MAYOR TIRSELL AND PASSED BY UNANI~10US VOTE. CO~MUNICATION FROM WATER QUAL. CONTROL BD. RE CEASE AND DESIST ORD. A letter was received from the California Regional Water Quality Control Board which explained that the Cease and Desist Order provides partial removal of the prohibition to allow service to proposed projects which have been processed, and if the City requests partial removal of the prohibition it must continue to accept and process building permit applications. It was indicated by the City Manager that the Building Department is doing so, and the letter was noted for filing. COMMUNICATION RE MANDATORY UNEMPLOY- MENT INSURANCE The Board of Supervisors of Los Angeles County has written to the Council to inform the City that the President has signed a law to provide mandatory unemployment insurance coverage for all public employees beginning January 1, 1978. The California Legislature must enact the necessary legislation to provide for this measure which would have a serious and substantial impact upon state and local governments, and they would recommend support of instituting a legal challenge. CM-33-345 February l4, 1977 (Unemployment Ins.) It was the recommendation of the City Manager that the City support the proposal to institute a legal challenge but the City is not in a position to lend financial support. ON MOTION OF CM STALEY, SECONDED BY MAYOR TIRSELL AND BY UNANIMOUS VOTE, THE COUNCIL ENDORSED MORAL SUPPORT AND DIR- ECTED THE STAFF TO INDICATE THIS SUPPORT TO SUPERVISOR SCHABARUM. COMMUNICATION RE LEASE OF SPRINGTOWN GOLF COURSE A letter was received from Mr. and Mrs. Louis Rosnoski, expres- sing opposition to the City's lease of the Springtown Recreation facilities. They are in favor of the City's operation of the golf course. Letter noted for filing. LETTER OF RESIGNA- TION FROM GREENS COMMITTEE A letter of resignation from the Greens Committee was submitted by Jerry Atwell. The Las positas Men's Golf Club has nominated Robert E. Johnsen as replacement. CM STALEY MOVED TO CONFIRM THE NOMINATION OF MR. JOHNSON, AND TO DIRECT THE STAFF TO SEND A LETTER OF APPRECIATION TO MR. ATWELL. MOTION SECONDED BY CM DAHLBACKA AND PASSED BY UNANIMOUS VOTE. CONTINUED DISCUSSION RE VARIANCE APPEAL RE SHOP- PING CENTER IN SPRINGTOWN Mr. Wolfgang F. Hahn submitted a variance application to the Planning Commission for reduction of the floor and parking area for a shopping center to be located in the Springtown area. The application was approved by the Planning Commission and was appealed by the Council. The Council discussed the variance which was granted by the P.C. and the comment was made that generally a variance is not granted but there is a need for shopping facilities for the Springtown people. Perhaps the variance could be conditioned so that the first phase of development, containing a grocery store, contain no less than l2,000 sq. ft. The Council generally concurred with this suggestion but allowed more flexibility in suggesting that a motion state that the first phase of development have nO less than 8,000 sq. ft. Discussion then centered on the site plan and it was noted that there was nothing on the original site plan to indicate bicycle traffic or parking, which are amenities required by the Council for shopping centers, through the Parking Ordinance. The P.C. should know that the Department which checked and approved the site plan eliminated one whole section of the Parking Ordinance which requires separate bicycle entrances/exits and parking as well as bike trails, on site. CM-33-346 February l4, 1977 (re Variance Appeal - Springtown Shopping) It was explained that the bike paths, etc., have been provided for but were not illustrated in the drawings presented to the Council. CM TURNER MOVED THAT A RESOLUTION APPROVING THE VARIANCE BE GRANTED, INCLUDING THE FINDINGS MADE BY THE PLANNING COMMISSION, AS WELL AS THE REQUIREMENT THAT A GROCERY STORE OF NO LESS THAN 8,000 SQ. FT., BE DEVELOPED IN THE FIRST STAGE, AND THAT A NEW SITE PLAN MUST BE SUBMITTED TO THE P.C. BEFORE THE VARIANCE IS EFFECTIVE. MOTION SECONDED BY CH STALEY. The Director of Community Development commented that the Design Review Committee would like to look at the plans for the first I J ~~:~:e~f~~e~:l~~::~~ra::: :;~~R:i::gg:~:i:~~~iya~i~::eh::r~~ ~. , It was suggested that when the item is referred to the P.C., they be asked to communicate with the Design Review Committee relative to solving some of the design problems. MOTION PASSED BY UNANIMOUS VOTE. REPORT RE TENTATIVE TRACT #3760 - (Wagoner Farms Area) A staff report was submitted to the Council concerning Tentative Tract 3760, located in the Wagoner Farms area. It was noted that many of the items checked "no" in the back of the document check list were mentioned in the EIR as having environmental impact. The people checking these items should take care that certain items having environmental impact should be checked "yes", or "maybe". Keith Fraser, representing the applicant, asked that the Council not discuss the engineering problems at the meeting this evening. What they want at this point is that some of the basic items to be resolved so that if the cease and desist order is lifted they can come into the City for final processing. Mr. Fraser referred to the P.C. minutes for their meeting of January 18, 1977, and explained that there are a number of items which need to be discussed with the staff and P.C. prior to discussing this with the Council. He added that he realizes the City is in a type of holding pattern and that the tract cannot be approved until some of the items have been resolved but they have paid their fees and have presented the EIR, and have a right to a decision on some of the items so they can proceed when possible. The Mayor explained that it appears that Mr. Fraser is assuming the main finding for denying the tract map was because of the cease and desist order; this was not the case but was merely ~~ ~' mentioned as one of the findings. The P.C. reviewed the rA~~ e ~ and made their findings and the Council has to review these . ~~~ findings, discuss the matter and come to a decision. The . ~e_ Council may have different findings, or they may agree with those made by the P.C. but the Council has the obligation to go ahead and work on the item. Mr. Keither Fraser added that there are several reasons the City will not approve the tract, but in speaking with members CM-33-347 February l4, 1977 (Tract #3760) of the City staff, it is a matter of time and priority as to when land in the Valley will be developed. His client has spent a lot of time and money over the years on this piece of property and it would be his hope that this land could be in some type of priority for development. The Mayor explained that the City is interested in development of land that will fill in the residential areas of the City and will help do those things that are in conformance with the General Plan, but this is a subject separate from what is being discussed this evening. The Council could ask that the P.C. work on this subject. The City Attorney commented that the time constraints or timing factors can be waived by continuances; however, the real issue is exactly what value would be realized in putting a lot of time and staff work and private effort on the part of the developer's consultant, to settle minor problems that could very well be changed before this ever gets close to fruition because of the lifting of the external restraints. Circulation patterns, for example, do not depend on what exists now but rather what exists at the time the first bulldozer goes onto the property. The Council is talking about constraints that could last for as little as six months or as long as six years. The question was asked that if the tract map is denied, could the applicant submit an amended tract map making use of the same EIR and fees, etc.? The City Attorney stated that if the EIR reflects the same conditions at the time final approval is made, can be used anytime, if the circumstances have not changed, and if the reasoning is still good. They certainly can use it again. If things have changed, then the EIR would have to be changed, but if things have changed relative to the EIR then the grounds for approval will also have changed. It was pointed out that when the tentative tract map was sub- mitted it was done after the sewer allocation policy had been established, and after the adoption of the General Plan and its policies. The applicant was aware of all of these things prior to filing a map. It is true that the applicant has the right to file a map but it is also the Council's right to review it and act upon it. The City Attorney has indicated that if it is the Council's intention to deny a tract map it would be of no benefit to the applicant to pursue a benefit district through the final formation, etc., or for the City to complete the park studies, etc. Mr. Frazer commented that Mr. Mason, from Associated Professions attended the P.C. meeting and asked various questions that would be helpful to have answers to, and did not receive answers to his questions. It was pointed out that the Council could review the findings made by the P.C., but one finding, alone, is sufficient under the Subdivision Map Act of the state, to deny the tentative subdivision map. This finding is that the subdivision would overburden the capacity of the sewer treatment plant. If a map is in conflict with the Subdivision Map Act, is would not be reasonable to ask the City staff to spend time on it. CM-33-348 February l4, 1977 (re Tract 3760) Mr. Fraser was asked if a continuance had been requested at the P.C. meeting so that all of the questions could be resolved and he indicated that as he recalls they did ask for a continuance but this was not reflected in the P.C. minutes which is what the Council has to go by at this time. Mr. Fraser stated that as an example he asked the P.C. what the definition of low cost housing is, whether the planning for this type of thing is next month of five years from now, and how low cost housing fits into this tract. They did not receive an answer. Mayor Tirsell explained that the P.C. findings excluded that because they had sufficient other reasons so that low cost housing and the dedication thereof, was not one of their considerations. It was mentioned that the applicant is entitled to some work on the detailed problems they have mentioned. They are concerned about the park requirements, for example, and it is the responsi- bility of the applicant to include sufficient provisions to meet the ordinance requirements for parks. They also need to know the requirements of the School District letter, and the applicant should meet with the staff or negotiate something suitable with the City relative to Andrea Street, etc. It was explained that these are the issues dealt with in arriving at the final map stage. The City Attorney interjected that the thrust of the argument made by Mr. Fraser is that the applicant wishes to be placed someplace on a priority list and this is the reason they are interested in getting the map in a ready condition. The priority list is a different issue that the City Council and the P.C. may wish to discuss, but when the two issues are mixed there can be much time spent on a proposal that cannot go anywhere because the City is under a cease and desist order that is not going to be lifted for a project of this magnitude, in a relatively short period of time. The City is also under a General Plan policy that reserves the remaining sewer capacity and he knows of no immediate possibility for increasing the treatment capacity. The suggestion was made that before anything is done relative to the tract map, that the Council discuss Planning Commission Resolution No. 2-77, in which it appears that five of the items are General Plan policy issues. Perhaps the Council should act on these policy matters to determine whether or not they are consistent with the General Plan policy. CM DAHLBACKA MOVED THAT THE COUNCIL DENY TENTATIVE MAP NO. 3760, BASED ON THE FINDINGS NOTED IN THE P.C. RESOLUTION NO. 2-77, 1. (a), (b), (c), (d), (e) AND ITEMS 2., AND 3. ~lOTION SECONDED BY MAYOR TIRSELL. Mayor Tirsell asked that Item 5 (Andrea Road) be included because of the reports from public agencies and from public testimony. CM DAHLBACKA INCLUDED ITEM 5 IN THE MOTION, SECONDED BY MAYOR TIRSELL. CM-33-349 February l4, 1977 (re Tract 3760) Cm Staley expressed concern because it appears that what the Council is saying is that because of the problem of sewer capacity and because of the principle of the General Plan, the City will not discuss some of the unresolved issues until such time as there is sufficient sewer capacity. Mr. Fraser is asking the rules under which the tract map must be submitted. Mayor Tirsell agreed that this is fine and this is done with the implementation of the General Plan which can take place when the City hires a Planning Director. Mr. Fraser asked if the Council is adopting a rule that no one can file a map and the Mayor indicated that anyone has the right to file a map at any time and the fees will have to be paid each time. The person who wishes to file a map will be presented with the issues relative to the state of the City and whether or not the person wishes to file is his prerogative. Earl Mason, civil engineer with Associated Professions indicated that the applicant has spent $300 to file the tract map and now they cannot proceed further. Mayor Tirsell stated that she can sympathize with what he and Mr. Fraser are trying to say but everyone was aware of what the ordinance specified at the time the tract map was filed, and this is where the City is vulnerable. The City cannot go to people and ask why they are filing a tract map when everyone knows there is no sewer capacity. If someone wants to file a tract map the City cannot tell that person he cannot file a tract map. While this matter may be a heavy financial burden, all of this was done with the knowledge of what the City's situation is, presently. Mr. Mason stated that some of the items involved are required by ordinance, and the final details are worked out at the final map stage, after the tentative map has been approved. A benefit district is not created at the tentative map stage and he stated that he cannot understand the Council's rush to deny the tenta- tive map, because they aren't going anywhere. What they want is for the staff to help them iron out some of the problems with the tentative map, such as the density question. At this time they don't understand the density because of the requirement for the neighborhood park - at this time they don't know how many lots to plan for and this is what they would like to dis- cuss with the staff. Mayor Tirsell explained that the Council does not want the staff to spend time on something that cannot be developed. At this time there are five items that are in violation of City policy and there is no reason to spend time on something that may have to be changed again before it is ever developed. For instance, Andrea Boulevard, for one reason or another may not have to be developed if the Hazelhorst property happens to develop first, so there is no reason to spend time planning the right-of-way width, property descriptions, costs and mechanism for establish- ing a benefit district to extend Andrea, when it may not be needed by the time development takes place. Mr. Mason responded by saying that none of these things are considered at the time there is a tentative map, this would be done only after the approval and filing of a final map. CM-33-350 February l4, 1977 (re Tract 3760) Mr. Mason stated that he would like to respond to the suggestion that the Hazelhorst property might develop first, because he has heard this mentioned by other people, in general. First of all, the Hazelhorst property is land which has not been annexed to the City and the City would find itself in a lot of trouble if they were to allow available sewer connections to property not yet annexed to the City before allowing development of property already filing a tentative map. The City Attorney commented that relative to the General Plan requirements, any questions the'applicant might have could be asked and responded to by letter at any time. Cm Turner commented that perhaps Item l. (a) should not be included because it appears that the Regional Water Quality Control Board is saying only that the City should advise the applicant that they may not be allowed to connect to the sewer line. Perhaps this is not a good reason for denying an applica- tion for a building permit. It was explained that a violation of the NPDES permit is suffi- cient reason to deny an application for a building permit. The City Attorney explained that there is a specific provision of the Subdivision Map Act that authorizes the City to deny a tentative map where, "'...the governing body finds that the proposed waste discharge would result in, or add to, violation of require- ments of such board it may disapprove the map.'" That any addi- tional discharge would add to our present violation is the clear mean~ng of the section and the intent of the language in the Plan- ning Commission's first finding. Cm Turner stated that he would also question (c) of the findings, because there may be a later request to amend the policy relative to the Allocation Policy, and this applicant may come back to the City concerning this item. It was explained that the applicant is asking for an amendment to the policy by asking for sewer connections, and the Council is stating that this is in violation of the Allocation Policy. The City Attorney commented that if it is made a part of the motion he will include a statement relative to the EIR in the resolution. CM DAHLBACKA INCLUDED THE ACCEPTANCE OF THE EIR, IN THE MOTION, AS WELL AS DIRECTION TO THE STAFF TO PREPARE A RESOLUTION. MOTION WAS SECONDED BY MAYOR TIRSELL. MOTION PASSED BY UNANIMOUS VOTE. RECESS MAYOR TIRSELL CALLED FOR A BRIEF RECESS, AFTER WHICH THE COUNCIL MEETING RESUMED WITH ALL MEMBERS PRESENT (Cm Kamena absent). REPORT RE VOLUNTEER PROGRAMS Barbara Hempill, the City's administrative volunteer, prepared a report on the volunteer programs in Oakland, San Leandro, L.U.S.D., and Santa Clara County, and the preliminary steps that would have to be taken to initiate a volunteer program in Livermore. Cfl1-33-35l February 14, 1977 (re Volunteer Programs) Mr. Parness indicated that such a program would probably require a coordinator, and the City would have to be prepared to pay for staff time for this task. The Councilmembers thanked Ms. Hempill for the excellent report she prepared for the information of the Council on this item. The Council discussed the possibility of doing a staff survey to determine the amount of interest in working with volunteers. Hopefully, the purpose of a volunteer program would be to augment City services and there may be a secondary benefit of saving money. There should also be coordination of the Library and LARPD with this type of program and investigation as to their interest. It was suggested that perhaps there could be a study on the feasibility of implementing a volunteer program and after re- viewing the report the Council wishes to implement the program the matter could be discussed during the budget session. The comment was made that there are many places in which another person is needed and the Council will have to fund the areas with absolutely the highest priority because there are not enough funds to take care of all the worthy projects, such as the STEP funds which end this year. CM DAHLBACKA MOVED TO DIRECT THE CITY MANAGER TO CONDUCT A STAFF INTEREST AND NEEDS STUDY, SECONDED BY CM TURNER, AND PASSED BY UNANIMOUS VOTE. REPORT RE HOME OCCUPA- TION POLICY & PROCEDURES The Planning Commission submitted a report concerning home occupation policy and procedures. Cm Turner indicated that Cm Kamena is interested in participat- ing in the discussion relative to the home occupation policy and he would like to request that this item be continued for one week. The Council concurred. APPEAL RE HOME OCCUPA- TION PERMIT (J. Dickman) The appeal of the home occupation permit application for James Dickman was continued from the meeting of January 3rd, pending a review and adoption of a Home Occupation Policy and Procedures. This item was continued in view of the fact that the above item was continued and the two are related. SIGN ORDINANCE REFERRAL RE FREEWAY ORIENTED INNS, HOTELS AND MOTELS The Council postponed the referral of the Sign Ordinance section relative to freeway oriented inns, hotels and motels, so that Cm Kamena may participate in the discussion. CM-33-352 February 14, 1977 .r-UNUTES OF P. C . MEETING l/l8/77 Minutes for the meeting of the Planning Commission meeting of January l8, 1977, were noted for filing. REPORT RE FIRST ST. OVERHEAD PROJ. COORDINATOR The City Manager reported that as a part of the First Street Overhead Project, it is required that the City retain the services of a pro- ject coordinator. This person would be responsible for most of the detailed aspects of the project administration and funds for this purpose were included in the project budget. It is estimated that such a person would be retained by the City for a term of the project which is estimated to be 18 months, at a salary of $l,400 to $1,700 per month, exclusive of fringe benefits. Also included in the budget are funds for resident engineering and construction inspection services, anticipated to be afforded by CalTrans employees. It is recommended that the Council adopt a motion authorizing the City Manager to retain the services of a project coordinator at a salary mentioned above, dependent upon qualifications. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE RECOMMENDATION TO RETAIN THE SERVICES OF A PROJECT COORDINATOR AT A SALARY OF $l,400 - $l,700 PER MONTH WAS ADOPTED. A resolution will be prepared by the City Attorney to be included in the Consent Calendar next week. RES. RE AMENDED JOINT POWERS AGREEMENT SOLID WASTE MGMT. AUTHORITY The Solid Waste Management Authority of Alameda County distributed a draft resolution and a draft amendment to the Joint Powers Agree- ment regarding the powers of the Management Authority and to revise the Facilities Element of the Solid Waste Management Plan. It was noted that in reviewing the draft, it appears that it is allowing the Board to amend the general Solid Waste Plan, by a majority vote, and the ability to adopt a facilities plan. The Council asked that the item be postponed for one week in order to obtain more information on this item prior to discussion. REPORT RE ADMINISTRA- TION BUILDING FINANCING The City Maager reported that he submitted a report to the Council about three months ago concerning the financing of the City administra- tion building. The matter was deferred from action and it is not likely that the City will receive federal funding for this purpose and financing alternates are very limited. The only possible alternative would be to go to the electorate which could be included on a special election ballot measure for May 3l, 1977. CM-33-353 February 14, 1977 (Admn. mldg.) It was noted that a decision must be made soon to allow time for processing a ballot measure for the May 3lst election date. Mr. Parness explained that the most feasible means of financing the administration building would be to go to the electorate but it is somewhat complex because the City will be the recipient of some revenue sharing funds which he would suggest using a por- tion of for paying off the present bonded indebtedness. The public would then be asked for the right to maintain the existing tax rate - $.95, which would be sufficient to service the required capital needs. This proposal would mean no increase in taxation to the property owners. It was noted that if the item is placed on the May 3lst ballot there will be two items asking the electorate for money. Also, it appears that there may be a major tax reform this year for property taxes and perhaps the tax reform will make it easier to secure money for local needs. At this time it may not be advantageous to place the issue on the ballot but to try to secure some type of grant for the funding. However, more infor- mation is necessary to discuss some of the other alternatives. The City Manager was asked to submit a report on the revenue sharing funds as a means for constructing the administration building, perhaps in conjunction with some type of federal grant. CM TIRSELL MOVED TO DIRECT THE CITY MANAGER TO PREPARE A SPE- CIFIC PROGRAM FOR CONSTRUCTION OF THE ADMINISTRATION BUILDING, USING FUNDS AVAILABLE TO THE CITY, AND TO DETERMINE IN THE STUDY WHAT THE COSTS WOULD BE AND WHETHER THEY WOULD HAVE TO BE BROKEN DOWN INTO INCREMENTS, ETC. MOTION SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. APPOINTMENTS Council policy is that appointments are made when a full Council is present. The item was postponed until the next meeting. DISCUSSION RE MEETING ADJOURNMENT The Council has asked to discuss possible rules addition to mandate the meeting adjournment time. In view of the fact that Cm Kamena is absent the Council asked that the item be continued for one week to allow him to participate in this discussion. CONSENT CALENDAR Res. re Salary Adjustments The Council adopted a resolution adjusting salaries, effective January 1, 1977. CM-33-354 February 14, 1977 RESOLUTION NO. 34-77 A RESOLUTION OF THE CITY OF LIVERMORE ESTABLISH- ING A SALARY SCHEDULE FOR THE CLASSIFIED AND UN- CLASSIFIED EMPLOYEES OF THE CITY OF LIVERMORE, ESTABLISHING RULES FOR ITS USE, AND RESCINDING RESOLUTION NO. 216-76 AND 267-76. Res. Confirming Memo. of Understanding A resolution was adopted confirming the Memorandum of Understanding with the Police and Fire departments. RESOLUTION NO. 35-77 A RESOLUTION AUTHORIZING EXECUTION OF ~EMORANDUM OF UNDERSTANDING (Police and Fire Departments) Res. re Estimate - Local Assessed Value A resolution was adopted which requests the estimation of local assessed value from the County Assessor. RESOLUTION NO. 36-77 A RESOLUTION REQUESTING ESTIMATION OF LOCAL ASSESSED VALUE Res. Auth. Settlement of Lawsuit - Gen. Ins. The Council adopted a resolution authorizing settlement of a law suit between the City and the General Insurance Company of America. RESOLUTION NO. 37-77 A RESOLUTION AUTHORIZING SETTLEMENT OF LAW SUIT (City v. General Insurance Company of America) . Res. re Exec. of Agreement re VASI The Director of Public Works reported that the FAA has agreed to install a Visual Approach Indicator (VASI) on Runway 25 at the Livermore Hunicipal Airport, which will be financed from the FAA Facilities and Engineering fund at no cost to the City. The Council adopted a resolution authorizing execution of agreement with the FAA for the VASI. RESOLUTION NO. 38-77 A RESOLUTION AUTHORIZING EXECU- TION OF AGREEMENT (Lease: united States of America CM-33-355 February 14, 1977 Res. Auth. Exec. of Agree. - PG&E The Council adopted a resolution authorizing an execution of agreement with PG&E for the relocation of facilities at the Livermore substation located on Railroad Avenue. RESOLUTION NO. 39-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Pacific Gas and Electric Co.) Res. of Appreciation - Donald R. Lee Officer D. R. Lee, in City service for a term of l2 years must be retired January 1, 1977, because of injury received in the line'of duty. The Council adopted a resolution of appreciation for Officer Lee's service and asked that the staff also send a letter on behalf of the Council. RESOLUTION NO. 40-77 A RESOLUTION OF APPRECIATION DONALD RAY LEE APPROVAL OF CONSENT CALENDAR ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA, AND BY UNANI- MOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. MATTERS INITIATED BY THE COUNCIL (Council Minutes) Cm Turner asked the City Clerk for a report concerning the new method of recording the minutes for the Council meetings. (Low Cost Housing) Cm Turner asked that the Planning Commission be requested to investigate a method to include low cost housing in any new residential construction which may be undertaken in the City. Mayor Tirsell suggested that this be scheduled on the agenda for discussion. (Calling an Exec. Session) Cm Turner asked if it is appropriate to call an executive session to discuss the statement made in the newspaper about the City's fire official, as this is personnel related. The City Attorney explained that the Council can meet with the City's representative relative to negotiations, or the City Manager. CM-33-356 February l4, 1977 (re Executive Session) Cm Turner requested an executive session after the meeting to discuss personnel matters. (Agenda Packet) Cm Staley stated that he would like to schedule the matter of the agenda packet on the agenda for disussion. He indicated that he would like to suggest having a three-ring binder for each Councilmember which will be filled with the agenda items each week and returned to the City Clerk after each Council meeting. This will eliminate some of the reproduction of reports which were postponed, etc. The item will be discussed as an agenda item. (Design Review Committee Coordination) Cm Staley commented that Commissioner Simonen has expressed concern over the Design Review Committee's problem of interface and coordina- tion with the Planning Commission. For example, when the Design Review Committee considered the ARCO Station on Stanley and Murrieta, they did not have the benefit of the P.C. discussion and report, and at the same time when the matter was reviewed by the P.C. they did not have the information from the Design Review Committee. It was pointed out that the Design Review Committee does not review anything in the CBD unless it is a specific referral and it would seem that any project in the CBD should be reviewed by the Design Review Committee prior to giving approval. Mayor Tirsell explained that this item has been discussed at length in the past and that Design Review is not a planning function, but it is true that the Planning Commission should have the input from Design Review when making a decision. It was requested that this item also be listed on the agenda for discussion purposes. (Fourth Street Parking Limit) Mayor Tirsell asked that the Council reconsider the parking limit matter relative to the parking limit in front of Red Carpet Realty, contingent upon the fact that it has not been initiated. Mayor Tirsell explained that if the City places two-hour parking in every area in which the BART people are parking, it is somewhat a problem because the City's doesn't want them in the parking lots, the streets, or anywhere else. This means that they will stay home or drive their own car. Parking has not been provided for people who wish to ride on the BART bus, and they should be allowed to park on the street. INTRO. OF ORD. RE. LOCAL VENDOR PREFERENCE ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE MUNICIPAL CODE A..MEND~ENT RELATIVE TO LOCAL VENDOR PREFERENCE, WAS INTRODUCED AND READ BY TITLE ONLY. CM-33-357 February l4, 1977 ORD. RE LOT LINES, ECT. - SUBDIVISIONS ON MOTION OF CM STALEY, SECONDED BY C1I1 TURNER AND BY UNANIMOUS VOTE, THE MUNICIPAL CODE AMENDMENT REGARDING SUBDIVISIONS, ADJUST- MENT OR REARRANGEMENT OF LOT LINES WITHIN A SUBDIVISION; EXEMPTION, WAS ADOPTED. ORDINANCE NO. 914 AN ORDINANCE AMENDING ARTICLE I, RELATING TO GENERAL PROVISIONS, OF CHAPTER 20, RELATING TO SUBDIVISIONS, BY THE ADDITION OF SECTION 20.5, RELATING TO EXCEPTIONS, OF THE LIVERMORE CITY CODE, 1959. ORD. RE SPRINGTOWN DISTRICT BOUNDARIES ON MOTION OF CM STALEY, SECONDED BY CM TURNER, AND BY UNANIMOUS VOTE, THE ZONING ORDINANCE AMENm1.ENT TO REFLECT ACTION TAKEN RELATIVE TO PROPERTIES IN THE SPRINGTONN, 1-580 AREA, NAS ADOPTED. ORDINANCE NO. 915 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AHENDED, OF THE CITY OF LIVERMORE, BY AMENDING SECTION 3.00 THEREOF, RELATING TO ZONING. CITY MANAGER STATUS REPORT Water Treatment Plant The City Manager reported on the City's award for having the best water treatment plant in the Bay Area communities. Mayor Tirsell suggested that the City arrange for visitor tours through the plant, because the plant is beyond that of the VCSD plant with respect to refinement. Golf Course The golf course is suffering from a lack of natural water and there is concern over the salt build-up in the greens. The staff is considering means for flushing the salts from the greens in an effort to save them. T.V. Line The City Manager reported on the T.V. method of reviewing sewer line problems underground. Investment Committee Meeting The Investment Committee met last week and the results of the meeting should be available for Council information next week. CM-33-358 February 14, 1977 Management Training The City has begun its two day, annual Management Training session which is being presented by the Management Development Institute. It seems to be a very helpful training session. Title VI Program There has been a change in the Title VI Program, which Mr. Parness explained, adding that there has been a change in the funding from the government for this program as well. Police Officer Applicants The City has done the testing and screening of 550 applicants for the Police Officer position and there are 43 eligible candi- dates for the position. Fire Station #4 Fire Station #4 is about 50% complete and everything is going well with the construction process. Donation to HORIZONS The Sandia Corporation has an employee fund to take into account charitable contribution distribution, and they have offered to donate $662 as a part of their contribution program, to HORIZONS. The City is very grateful for this donation and on behalf of the Council will accept the contribution for this purpose. Priority List The City has submitted the Highway Construction Priority List to the County and they were glad to receive the list and will be taking the items into account. Railroad Avenue Bids for the construction of Railroad Avenue should be received this week. Project Status Report A Project Status Report has been included in the Council agenda packet which they should find very informative as to the City's status relative to various projects. ADJOURNMENT Mayor Tirsell adjourned the meeting at 10:55 p.m. to an executive session to discuss personnel matters. f 4:l, L yy'\ ~ Mayor APPROVE ATTEST CM-33-359 Regular Meeting of February 23, 1977 A regular meeting of the Livermore City Council was held on February 23, 1977, 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, Turner, Staley and Mayor Tirsell Absent: Cm Kamena (excused to attend another meeting) PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. MnmTES - 2/ 7./77 ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANI- MOUS VOTE, THE MINUTES FOR THE MEETING OF FEBRUARY 1, 1977, WERE APPROVED, AS SUBMITTED. OPEN FORUM - No Comments LAVWMA MEETING Mayor Tirsell reported that an item relative to LAVWMA must be placed on the agenda prior to the Consent Calendar for discussion. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COUNCIL RULES WERE SUSPENDED TO ALLOW PLACEMENT OF AN AGENDA ITEM FOR DISCUSSION. COMMUNICATION RE WATER SERVICE FOR ROLLER SKATING RINK A letter was received from California Water Service Company informing the Council of its plans to service the roller skating rink which has recently developed on First Street and to change its service boundary to do so. Letter was noted for filing. REPORT FROM P.C. RE HOME OCCUPATION POLICY AND PROCEDURES The Planning Commission adopted a resolution relative to Home Occupation policies and Procedures, and submitted the documents pertaining to this policy, for Council review. The Council considered the report from the P.C. and suggested consideration of the following philosophies: l) protection of the residential neighborhood and character of the neighborhood; 2) protection of the overhead-paying businesses so that people with home occupations do not unfairly compete with the businesses paying overhead; 3) to allow a home occupation permit for a busi- ness not otherwise provided in the community; and 4) to allow a home occupation permit when a hardship exists such as not being able to leave the home for one reason or another. CM-33-360 February 23, 1977 (re Home Occupation) The Council continued to offer philosophical statements relative to the home occupation policy and other points were brought out, as follows: 5) permit home occupations which are secondary to the use of the site as a dwelling which are not disruptive to neighborhoods or of a character or size to &t..<...~ a.. /~ e "mf1~ for businesses located in the commercial areas of town, 6) ~~~ the ability to operate a part-time business at home may create r ' a business that moves into the commercial areas of town as long as the applicant adheres to the restrictions listed, 7) The intent of home occupation policies and procedures is to regulate home business ventures in the residentially zoned areas of town. Home occupations located in industrial/commercial areas will have less restrictive policies regarding the parking of vehicles, whereas all other conditions apply. There was discussion relative to Item 6), and whether part-time should be explained in the Policies and Procedures, to be more defined. Mr. Gorland explained that one of the reasons the part-time, full time was left undefined, was because a person may be involved in a full time job, but taking business calls at his home part-time. Someone may have a full time job doing one type of work while doing another type of work at his home part-time also. It was pointed out that if an attorney, for example, lists his home in the yellow pages as his place of business, this is not appropriate - he should have an office downtown or else he is con- ducting a home occupation business. The argument was made that if a business has no impact on the residential neighborhood, there is no reason the person should not be allowed the home occupation, as long as they are not in violation of the law and pay their business license fee, etc. The point was made that there should be no difference in requiring a part-time business or a full time business to locate downtown. If one should not be allowed in the home, the other should not either. The Council also discussed the philosophy of getting into regulating free enterprise and becoming involved in what people should or should not be allowed to do in their own homes as well as the concern on the other hand that it is unfair for someone to do business in his own home where the taxes are lower than in the commercial areas and competing with those same types of businesses in commercial offices. It was concluded that this should be referred to the P.C. for a review and discussion concerning philosophy relative to home occupation permits. APPEAL RE HOME OCCUPA- TION PERMIT (J. Dickman) ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE APPEAL RELATIVE TO THE HOME OCCUPATION PERMIT FOR JAMES DICKMAN WAS TABLED, PENDING A DECISION AND REPORT FROM THE P.C. CONCERNING THE HOME OCCUPATION PERMIT POLICY AND PROCEDURES. CM-33-36l February 23, 1977 REPORT RE SIGN ORD. RE INNS, HOTELS & MOTELS The report from the P.C. concerning the referral on the proposed amendment to the Sign Ordinance relating to freeway oriented inns, hotels, and motels, was noted for filing. REPORT RE RESTRICTED PARKING - 4th STREET At the request of the Mayor, a report from the Director of Public Works concerning the restricted parking along Fourth Street was distributed to the Council. The report indicates that there is sufficient parking available whithin close proximity of the BART bus stop and the all-day parking in front of the commercial businesses on Fourth Street would be detrimental to those businesses. Mayor Tirsell emphasized that she will continue to vote against limited street parking because people who wish to ride the BART bus have no place to park. ' Cm Turner commented that he believes commercial business should enjoy the same previlige as any other commercial business. REPORT RE HIGHWAY SIGNS A report from the Director of Community Development indicated that the Planning Commission discussed the proposed highway sign prepared by the Planning Department to advertise the City, and they agreed that the wording "City of Research" might be the most applicable and desirable. Item noted for filing. REPORT RE COMMUNAL SIGNS FOR INDUSTRIAL AREA The Director of Community Development reported that the P.C. discussed the potential of communal-type identification signs to be used with logos and appropriate directional markers situated at the entranceways of industrial areas. The P.C. concluded that this type of sign is not necessary, at present, if there is adequate and appropriate street signing in the areas. Item was noted for filing. REPORT RE WATER STORAGE FEES The Director of Community Development reported that the Industrial Advisory Board studied various methods of pay- ment for new water storage facilities for non-residential development in lieu of the present water storage fee. It was the unanimous opinion of the Board to recommend elimina- tion of the present Water Storage Fee and to approve a sur- charge to the water bill based upon a recommended formula. The suggestion was made that this item be included in the study session discussion concerning all the other fees the Industrial Committee have reviewed. CM-33-362 February 23, 1977 (Water Storage Fees) It was requested that the staff plan to allow a study session on this item on March 21, from 8:00 p.m. to 10:00 p.m., with a short business meeting to follow, pertaining only to Consent Calendar items and ordinances, or urgent matters. REPORT RE CIVIC APPRECIATION DINNER The Council has expressed interest in reviewing plans for the annual Civic Appreciation Dinner. A report from Pat Whitlow, Administrative Secretary, indicates that last year invitations were sent only to working committee members and spouses were invited only when the committee member retired. The direct cost of the dinner and refreshments was $819.80 and other costs for gifts and postage amounted to an additional $100. Attendance for the past three years has averaged 70 people. It was suggested that perhaps a buffet type of dinner with a champagne reception and then presentation of awards might be less costly than previous arrangements. It was pointed out that spouses of the volunteers have to make sacrifices because they have to stay home with the children, etc., while the volunteer attends meetings, and they should be invited to the dinner. ON MOTION OF CM STALEY, SECONDED BY CM TURNER, AND BY UNANIMOUS VOTE, THE POLICY WILL BE CHANGED TO INCLUDE SPOUSES ON A ONE YEAR TRIAL BASIS. APPOINTMENTS Appointments to various committees was postponed until the next meeting because appointments are not made unless a full Council is present. DISCUSSION RE ADJOURNMENT TIME The item concerning Council adjournment time was postponed until a full Council is present. LAVWMA ITEM Mayor Tirsell reported on the LAVWMA meeting explaining that the Board must adopt a backup financing plan to comply with NPDES requirements, by March 8th. Each Council/Board is to discuss and take a position on the available alternatives. This meeting should be adjourned until Friday evening so that she and Cm Turner will have the opportunity to confir with the Council, if necessary. It was noted that the available alterna- tives are: A) May '77 election with broadly-worded ballot measure; B) May '77 election with specifically worded ballot measure; and C) November '77 election with a specifically worded ballot measure. It was noted that the report from the engineers relative to alter- natives, will be available March 25th. It was mentioned that there is another alternative which could be considered which is "do nothing" with some explanation. CM-33-363 February 2(, 1977 (re LAVWMA) It was suggested that perhaps the Board could be asked the question that if there are other projects of interest, that could be used in a local area, such as the San Diego project, perhaps no action should be taken for a couple o~ years because there may be new technology developed in the future to solve the clean water problem, and there may be money available for clean water purposes, from the government. The comment was made that the "do nothing" approach should be discussed but if the City were to do nothing it would probably mean a continuance under the Cease and Desist Order. This means the City would have to fight the order through the appeal system within the court. This would have a significant impact on the community and the goals the City is trying to achieve with the General Plan and Allocation Policy relative to sewage disposal. Hopefully, the technology will be improved and there will be less energy consumption, with logical solutions, but the City would be taking the risk of losing about $37 million and this is another point to be considered. All of the engineering reports have not been discussed and the resolution appears to be a postponement of any type of bond election until November, which allows for more time. The comment was made that the Regional Board has the presumption that the that the effluent being discharged is harmful, and the City doesn't have the ability to disprove this presumption. The other problem is that the City has very little sewage capacity remaining and a 1 MGD expansion application is pending before the same Board, and the City is disagreeing very publicly with their opinion. The last point the Council should consider is that if the City happens to be wrong concerning it's point of view, the City will have lost 3 to 4 years on the cease and desist order as well as 87.5% of the financing for the LAVWMA line, which would have to be paid by the taxpayers. Mayor Tirsell commented that the resolution she prepared states that there is no project that will solve all of the environmental concerns, growth, reclamation, financial, and personal concerns. The Council then reviewed the resolution and made some changes and recommendations. Mr. Parness commented that the staff is hopeful that LAVWMA will recommend Alternate "C", as the only logical approach which is for a November 1977 election specifically describing project. The problem is how the City will fund itself from now until that time. A "pay as you go" type of sewer charge may have to be used in advance of the November ballot measure. It would be February of 1978 before bonds could be available to LAVWMA, if the ballot measure were to pass in November of 1977. The state staff will be requesting that the State Water Quality Resources Control Board advance funds to LAVWMA, on behalf of the City. This is something that has never been done in the past but if allowed, would more than cover the City's financial obligations through February. The staff has indicated that the proposal will be successfully received. CM-33-364 February 2', 1977 ON MOTION OF CM TIRSELL, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED, AS &~ENDED. RESOLUTION NO. 41-77 A RESOLUTION REGARDING LIVERMORE-AMADOR VALLEY WATER MANAGEMENT AGENCY (LAVWMA) WASTE WATER TREATMENT PLANT It was noted that this meeting will be adjourned to a meeting on Friday, February 25th, in the event three agencies come in with three positions and negotiations are necessary. RECESS Mayor Tirsell called for a brief recess after which the Council meeting resumed with all members of the Council present, as during roll call. CONSENT CALENDAR Res. re First St. Overhead Project A resolution was adopted authorizing the temporary position of Project Coordinator, for the First Street Overhead project. RESOLUTION NO. 42-77 A RESOLUTION AUTHORIZING TEMPORARY POSITION (Project Coordinator) Res. Approving Variance (Shopping) The Council adopted a resolution approving the variance application for the Shopping center to be located in the Springtown area. RESOLUTION NO. 43-77 A RESOLUTION CONDITIONALLY APPROVING VARIANCE (Christopher D. Sickles) Report re Traffic Problems - 5th & Church The Director of Public Works prepared a report on the traffic prob- lems at Fifth and Church Streets, in response to a concern expressed by Cm Kamena. The item was informational in nature and required no action on the part of the Council. Report re PM 2040 The City Attorney advised the Council that the resolution concern- ing the Parcel Map 2040 could not be adopted because the matter must go to the P.C. for further action. CM-33-365 February 23, 1977 Report from Investment Comm. A report from the Investment Committee was submitted to the Council for informational purposes. It was recommended that the Council adopt a motion authorizing the City Treasurer and Finance Director to assume the discretionary right to invest, temporarily, idle funds in either the Local Agency Investment Pool and/or savings and loan accounts. Council concurred. Departmental Reports The Council received the following Departmental reports for informational purposes: Airport Activity - January Building Inspection Department - January Commercial and Industrial Inquiries - lOll to l2/3l/76 Municipal Court - December and January Mosquito Abatement District - December Police and Pound Departments - November and December Water Reclamation Plant - December P.C. Summary of Action 2/l5 The Council received a copy of the summary of action taken at the Planning Commission meeting of February l5, 1977. Payroll & Claims There were l78 claims in the amount of $146,907.38, and 284 payroll claims in the amount of $98,l92.6l, for a total of $245,099.99, dated February l4, 1977, and approved by the City Manager. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED WITH DELETION OF ITEM 5.4 CONCERNING PARCEL MAP 2040. MATTERS INITIATED BY THE COUNCIL (Swimming Pool Covers - Inflatable) Cm Turner commented that the P.C. adopteja resolution which states that if an inflatable pool cover is removed from a swimming pool it may not be used again without a variance. People should be informed of this and he would like to suggest that the City hold a public hearing to inform people and to incorporate it in the City's ordinance. Mr. Gorland commented that at the P.C. study session last night they agreed to defer any action relative to the inflatable pool covers until the City has a new Planning Director. CM-33-366 February 23, 1977 (re Pool Covers) The City Attorney was asked to report to the Council on this item and to include or to take into account the discussion held by the P.C. relative to inflatable pool covers. (Congressional Salaries) Cm Turner stated that he is upset with the new Congressional salaries and he would like to suggest that the City Council take a position and direct the matter to Congressman Stark. Members of the Council felt they did not have enough information to take a position and Cm Turner indicated that he would write a letter to Congressman Stark concerning the matter. (Solid Waste Management Joint Powers Agreement) Cm Dahlbacka commented that the Council discussed the amendments to the Solid Waste Management Joint Powers Agreement, and the City Manager was going to investigate some of the concerns mentioned. He wondered if Mr. Parness had something to report. Mr. Parenss indicated that he has not finished his report, as yet, as he has not been able to contact the legal advisor to the State Solid Waste Management Board. Apparently, only three cities have adopted the Joint Powers amendment, and many of the other cities have apprehensions and have not decided the best course to follow. The Council may recall that adoption would require approval from 50% of the cities repre- senting 50% of the population. A further report will be made at the next meeting. (re Water and Drought Problems) Cm Dahlbacka stated that he read in the newspaper that either Mr. Parness or someone from the staff intends to meet with Assmeblyman Mori to discuss the water shortage and drought problems and he would like to suggest that they discuss the economic impacts a continued drought would have, and whether it might be possible to get assistance from the state in working out a series of alternative plans. (Concerns re Lack of Rain) Mayor Tirsell reported that people in the Sunol area are concerned about the lack of rain because they live in a forest. She was told that the Forestry Service now keeps planes available with borate, to help douse fires, at airports near forests. She would like to know if the City could write to the State Forestry Service to find out if they would consider the Livermore Airport as one of the sites for storing one of the borate planes. (Naming Park Sites) Mayor Tirsell stated that she has received calls from people who are upset about the remark made by Les Knott of LARPD, that the City does not have proud women in its history to suggest for the naming of parks. CM-33-367 February 23, 1977 (Naming Parks) Virginia Gregory has suggested the names of the following four women: l) Helen Tirsell; 2) Dr. Barbara Mertes; 3) Joan Kinney; and 4) Valerie Raymond. The name of Nina Concannon has been suggested, as well as Agnes Dutcher Rees, and the Mayor has a list of four names she would like to recommend. Mayor Tirsell recommended the names of Delia Lord Davis, Clara Allen, Lillian Snorf, and Janet Newton, to be submitted to LARPD in the name of "Proud Womanhood". (Curbside Mail Containers) Mayor Tirsell reported that she has received a complaint about the curbside mailboxes, because apparently they are containers which have sharp corners and are hazards to children who may run into them. Mr. Lee commented that the owner is expected to place grout around the edges. Mayor Tirsell noted that they are not being sold this way and perhaps the corners could be rounded. She asked that Mr. Lee check into the problem to see if th~e is a solution. ORD. ADOPTION RE VENDOR PREFERENCE ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE MUNICIPAL CODE AMENDMENT REGARDING VENDOR PREFERENCE, WAS ADOPTED. ORDINANCE NO. 916 AN ORDINANCE AMENDING SECTION l7A.l4, RELATING TO PREFERENCE TO LOCAL VENDORS, OF CHAPTER l7A, RELATING TO PURCHASES, OF THE LIVERMORE CITY CODE, 1959. ORD. INTRO. RE REZONING OF TREVARNO ROAD ON MOTION OF CM DHALBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE ZONING ORDINANCE AMENDMENT TO REFLECT ZONING CHANGE FROM I-l DISTRICT TO RS-3 DISTRICT FOR THE TREVARNO ROAD, WAS INTRODUCED AND READ BY TITLE ONLY. ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE ZONING ORDINANCE AMENDMENT RE FUTURE WIDTH LINES FOR VARIOUS STREETS, WAS INTRODUCED AND READ BY TITLE ONLY. CITY MANAGER STATUS REPORT Appointment The City Manager reported that Cm Staley has been appointed as one out of six appointments in the State of California, to the very prestegious committee of the National League of Cities on Transportation. This is an outstanding honor that deserves recognition. CM-33-368 February 23, 1977 ADJOURNMENT There being no further Council business, Mayor Tirsell adjourned the meeting at lO:OO p.m. to 7:00 p.m. Friday, February 25th, in the event it is necessary to discuss negotiations concerning the LAVWMA alternatives. dt~/J?,~r!t< Mayor APPROVE ATTEST ~.l(-I:[Ll~~~f?A / Clerk ~ver, ore,-~alifornia Adjourned Regular Meeting of February 25, 1977 An adjourned regular meeting of the City Council of the City of Livermore was held on Fr~day, February 25, 1977, at 7:00 p.m. in the Council Chambers, 39 South Livermore Avenue, Livermore, California. Present: Cm Dahlbacka, Kamena, Turner, Staley and Mayor Tirsell Absent: None The meeting convened at 7:00 p.m. and no Council action was taken relative to the LAVWMA alternatives. The meeting adjourned immediately. APPROVE -J1/~ 7h '~~ ./ ayor ATTEST ~ /I 'c;-r"f ~ r/ /, I/, ~.~ ~. . ~../..g;:...(J'-/("-- [JY Clerk Livermore, California CM-33-369 Regular Meeting of February 28, 1971 A regular meeting of the Livermore City Council was held on February 28, 1977, in the Municipal Court Chambers, 39 South . Livermore Avenue. The meeting was called to order at 8:l0 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. MINUTES - 2/14/77 P. 347, next to last paragraph, line 4, change last word to applica- tion rather than case. P. 347, 2nd paragraph, delete the last sentence in that paragraph. P. 350, delete 2nd paragraph. Fifth paragraph, line 4, delete wording up to the period. ON MOTION OF MAYOR TIRSELL, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE (Cm Kamena abstaining due to absence) THE MINUTES FOR THE MEET- ING OF FEBRUARY l4, 1977, WERE APPROVED, AS AMENDED. OPEN FORUM (Safeway Parking Lot) Helen Nevill, 3575 Madeira, stated that she believes the Safeway parking lot is a mess, and probably the most hazardous area in Livermore. She cited an instance in which she was nearly hit by a car and in contacting the Police Department was told that they can do nothing because it is on private property. She was asked to contact the City or the Safeway people. It was explained that the Council is quite aware of the fact that the shopping center traffic is a problem but final action is await- ing the opening of Railroad Avenue, because this may alleviate some of the problems. Dick Christmas, 394 Pearl Drive, stated that he would have to agree with the comments made by the previous speaker and the only alter- native he could suggest would be the closing of "p" Street. PUBLIC HEARING RE CONDEMNATION Mayor Tirsell opened the public hearing relative to condemnation of property necessary for the westerly extension of Railroad Avenue. The property comprises 329.9 sq. ft. and is owned by E. L. Leonard, et ux. Mr. Lee illustrated the area on a map and gave the history relative to the site plan, etc., including the PG&E substation relocation. Mr. Lee explained that with respect to the tree that has to be removed on the Leonard property, it is in very poor condition CM-33-370 February 28, 1977 (re Leonard Property) with a number of dead limbs. The Park and Tree Superintendent, Dan Freitas has examined the tree quite closely and determined that while the tree has not been pruned it is healthy; however, it is in the way of the proposed sidewalk. The tree has been neglected, the limbs come out close to the ground and it appears that it is too late to try to trim it into the shape of a tree and allow it to remain. If the tree were to be moved it would cost about $700 and there is only about a 50% chance that it would live if it were moved because it is a tap root type of tree. Mr. Lee then explained the reason for the angle of Railroad Avenue and why E. Stanley Boulevard is being intersected at a particular area to allow the best intersection design. The Council discussed the E. Stanley/Railroad Avenue intersection and it was noted that the Council does not want Railroad Avenue used as the carrier of east/west traffic and this is the reason the intersection was made at an angle. It was mentioned that only 3%, or less, of the Leonard property would be disturbed by the extension of Railroad Avenue. However, in the letter from Mr. Leonard to the Council, he mentioned that because he is of Indian heritage, there is a statute protecting anyone from taking his land. The City Attorney commented that he has reviewed the legality and finds that most of the cases involve Indian reservation land, under treaties. The Congressional Acts do not purport to reach private property off of a reservation, bought on the free and open market by private parties. A letter written by Sue and Dan Steinberg, was read into the testimony, as follows: Although we are as interested in the saga of the City progress as any other citizens, in the case of the condemnation of Elba Leonard's property, we ask the Council to modify the present proposal. Progress at the expense of humanity is hard to justify, and in this instance we feel every effort should be made to eliminate the threat to Mr. Leonard's land. How can the City make such a fuss over heri- tage trees, which would hardly be noticed in older parts of the state, and fail to realize that Elba's trees are also a heritage of personal achievement. Anyone who has struggled to make his or her own garden grow in our soil can testify to the admirable effort represented by a tree grown from a walnut. Let's not make a bad example of our civic wisdom or good judgment by allowing the demands of an already hazardous intersection to encroach on a human need of a respected senior citizen. We have lived for years without paving that one little corner; meanwhile civic uglification is proceeded apace. CM-33-37l February 28, 1977 (re Leonard Property - Railroad Ave. Extension) Let's not permit the engineering mentality to overrule our sense of human decency on this one occasion. There must be some way of reprieving the Leonard's property from condemnation and we expect the Council to consider alternative cre- ative solutions, including indefinite postpone- ment of the whole idea. Mr. Ames, 366 Scott Street, stated that he cannot understand why Mr. Leonard's property has to be touched at all to extend Rail- road Avenue. He stated that there is enough width available without condemning Mr. Leonard's property and he is very dis- gusted with the whole idea. Laura Leonard, 3820 Larkspur Drive, Concord, read a prepared statement on behalf of Mr. and Mrs. Elba Leonard, protesting the extension of Railroad Avenue at the expense of condemna- tion of the Leonard property, as follows: The Railroad Avenue relocation proposal is absolutely unnecessary. It will create more damage, more danger- ous crossings than it will eliminate. The Stanley Boulevard intersection is at present a dangerous curve, a speedway out of Livermore and for the safety of the public no additional intersection should ever be built there. The roadway in back of the shopping center instead of alleviating the bad traffic situation will create a worse taffic tie-up than at present, due to its use by 60 ft. truck and trailers serving the shopping center, but if a road is needed it could be brought out further and come in at Fenton with greater safety than the pro- posed road which would cut off a piece of the Leonard property. The present situation is more satisfactory and safer to the general public than the proposed project. What should really be done now is what will have to be done sooner or later. That would be to extend Railroad Ave. on down into the brickyard area and have it connect up with an extension to Fenton, especially if the BART Station is put in that area, as proposed. This would leave the area between PG&E and "P" Street open for commercial purposes. It would also be safer and less expensive in the long-run to the public. In addition, there would be no necessity for confiscat- ing the private property of Elba Leonard and requests this proposed acquisition be rejected. Paul Hurdlow, ll43 Aberdeen, felt that the issue of the tree seems to be the issue of whether or not the property should be condemned. If the tree were large and beautiful it seems that the City might not consider condemnation. He believes that even though the tree is small it should be given the same consideration. He added that he is sure the Council tries to act in the best interest of the public and his best interest is protected when the Council votes to uphold individual property rights, and requested that the Council uphold Mr. Leonard's rights in con- sidering an alternate proposal to eliminate confiscation of his land. CM-33-372 February 28, 1977 (re Leonard Property Railroad Ave. Extension) Jerry Wilverding, 4886 Primrose Lane, asked what the cost would be to move the road over allowing the tree to remain. It appears that a move of about 20 ft. would accomplish this and perhaps some of the concerns would be eliminated. Discussion followed concerning alternate realignments, with an explanation from Mr. Lee as to the problems with the various sug- gestions and why the street alignment cannot be changed. Helen Nevil stated that she can see no reason for not planning a straighter street and entering Stanley further down towards Pleasanton. She believes the present plan is very hazardous and that it is utterly ridiculous to dump the shopping center traffic onto Stanley Boulevard at that particular spot. William Hurdlow, ll43 Aberdeen, wondered if PG&E has the right of eminent domain to take property, and the City Attorney explained that this used to be the case but the Eminent Domain Act was revised last year restricting the rights and activities considerably. He hasn't reviewed this in depth because he is not an attorney for a public utility. Mr. Hurdlow felt the PG&E property should not be viewed in the same light as private property because it may have originally been in private ownership and condemned by PG&E for use by the public utilities. David Eller, 3797 Oregon Way, stated that there is a dangerous "s" curve on First Street and he would like to recommend that the City condemn part of the Sambo's property as well as some of the medical offices on "S" Street to help cut down the speed of the automobiles going into the shopping center. Paul Tull, 2243 Linden Street, stated that he has been following the Railroad Project since about 1953 and at that time Mr. Leonard had been in his home for about l2 years and had begun growing a hedge. The hedge was grown about two feet inside his property line, as measured from the monument. The measurements of the curve have been taken two feet too far to the east of the property line and the City is, in effect, stealing about lOO sq. ft. of the Leonard property and not intending to pay for it. He added that the value of the walnut tree and roses to be removed are $l,20l and are irreplaceable because they are at least 30 years old and they would have to start allover again from new plants. Carolyn Wilverding, 4886 Primrose Lane, felt there should be some way of extending Railroad Avenue without taking any of the Leonard property. Paul Tull asked the City Attorney to read the U.S. Code, Chapter 25, Section 323 and 324. Laura Leonard stated that she believes there is an error on the map concerning the location of the house. The house is shown very close to the curve, Mr. Leonard is 80 years old and she is concerned about his health. She asked that this be taken into consideration. If there is an error in the plans which cause accidents, there will be cause for law suits against the City. ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. CM-33-373 February 28, 1977 (Leonard Property - Railroad Ave. Extension) Dan Freitas, Parks and Trees superintendent, stated that he has examined the tree, it has been neglected, and some of the, limbs would have to be removed to get some of the road equip- ment into the area. This would cause the tree to bleed and its chance for survival would be less than 50%, because this is the time of year that the tree is beginning to get leaves. Rick Dondro was asked if it would be possible to work around the tree and allow it to remain as it is, and he indicated that the branches are very low and the City could not work around it. It would be a hazard in the middle of the sidewalk if it were allowed to remain where it is and this wouldn't be practical. Mr. Lee reported that the relocation of the PG&E substation is going to cost the City about $6,000 and he would recommend that the City not encroach any further onto the PG&E property because of the high cost, and because of the fact that there would be minimal disruption of the Leonard property with the proposed design. Mr. Lee was asked if the proposed design will have a detrimental affect on the Leonard property and Mr. Lee explained that there is an entrance at the approximate location now, and it is being used frequently, at the present time. The traffic is traveling as close to the Leonard property at this time as it will when the extension is completed. Mr. Freitas indicated that replacement of a tree of the approxi- mate size as the one to be removed, would be about $400-$500. CM TURNER MOVED TO ADOPT THE RESOLUTION AUTHORIZING CONDEMNATION OF A PORTION OF THE LEONARD PROPERTY, WITH THE ADDITION THAT THE CITY REPLACE THE VEGETATION, INCLUDING A TREE OF SIMILAR SIZE, AT A COST NOT TO EXCEED $600. MOTION SECONDED BY CM DAHLBACKA. The City Attorney commented that the resolution states the City's intention to proceed with eminent domain proceedings but the value of the property will be established in court, unless the City can arrive at a negotiated resolution of the acquisition with the property owner. If the City and owner cannot agree the City will have to go to court and the rules of eminent domain are very spe- cific as to evaluation and acquisition. It would be inadvisable to condition this type of resolution, from a legal standpoint. It was suggested that perhaps the Council could restate the motion to include the eminent domain portion, and then instruct the staff to carry out the remainder, as per Council wishes. The City Attorney indicated that this would be preferable to the motion on the floor. MOTION WAS RESTATED TO ADOPT THE RESOLUTION WHICH INCLUDES THE FOUR FINDINGS AUTHORIZING CONDEMNATION OF PROPERTY, TAKING INTO CONSIDERATION THE WRITTEN AND PUBLIC TESTIMONY. MOTION SECO~DED BY CM DAHLBAC~~ (!.fX /1J~.fk- (LI_fl(/7~,-(,,"ll~ , . . 'PR~ "",c..JI..-!.nt was made that p rhaps there should be some expansJ.on on the findings contained in the resolution because there has been a lot of public testimony concerning egress and ingress problems concerning that particular shopping center. The project has been planned for years, has gone through a great deal of CM-33-374 February 28, 1977 (re Leonard Property - Railroad Ave. Extension) discussion and review, and the City has arrived at the solution of the road extension. Because of the need of the circulation relief, this action is necessary. With respect to the second finding, the public interest and necessity require the proposed public project, and this is tied to public safety relative to a large commercial area downtown. The project is planned and located in the manner that would be most compatible with the most public good because it provides for a through street in an area that has as many curves as it can possibly handle and which can take the amount of traffic necessary. Also, the project is taking the minimum amount of property from the Leonard family, consistent with the economic hardship of taking the PG&E substation property. It is difficult to evaluate something which is valuable to the heart, and the City is talking about property that a person does not want to lose. The only way the City can evaluate something for the public good, is to go through the procedures available to the City through eminent domain. When public projects are necessary, public officials have to determine what the public good is and then proceed on that basis. There is just no way to establish the value of something that has emotional value to people. This is a difficult situation and the direction to the staff would be to minimize the hardship to the individual involved. It was explained that there will be no formal amendment to the resolution expanding on the findings, but the above comments should be included in the minutes as further explanation to the public. MOTION PASSED BY UNANIMOUS VOTE. RESOLUTION NO. 44-77 A RESOLUTION DECLARING NECESSITY AND AUTHORIZING THE CONDEMNATION OF FEE SIMPLE ESTATE FOR PUBLIC STREET AND RELATED PURPOSES OF 327.9 t SQUARE FEET AT NORTH-WESTERLY CORNER OF 24 SOUTH liS" STREET IN THE CITY OF LIVERMORE, COUNTY OF ALAMEDA. Prior to the vote the comment was made that perhaps the Council should discuss the portion of the law mentioned by Mr. Tull, and the City Attorney explained that there may be hundreds of acts of Congress which deal with the rights of Indian tribes and certain lands, but most of these deal with reservations, as he mentioned earlier. He is not familiar with the exact chapter and section mentioned by Mr. Tull and he will check into it, but there is no federal act that applies to private property held within the city by private parties who happen to be of Indian descent. IT IS THE INTENT THAT THE COUNCIL TO RESTORE THE PROPERTY AS BEST AS POSSIBLE AND TO GIVE MR. LEONARD A TREE HE WOULD BE PROUD OF AND TO REPLACE THE ROSES, AS WELL AS CREATING AS LITTLE INTRUSION ON HIS PROPERTY, AS POSSIBLE. RECESS Mayor Tirsell called for a brief recess after which the Council meeting resumed with all members of the Council present. CM-33-375 February 28, 1977 COMMUNICATION RE PROJECTS WHICH IMPACT BART A letter was received from Robert Allen, BART Director, asking that the Council review considerations of various projects as referred to in his letter, which appear to impact BART. The matter was referred to the staff. COMMUNICATION RE TRAFFIC PROBLEMS AT HOLMES & MOCHO A letter concerning the traffic problems at Holmes Street and Mocho was submitted to the Council by John Immele. Mr. Lee stated that the staff would like to have a "no parking" zone all the way from the apartment exit just north of the Arroyo Mocho bridge, to the homes just before Mocho Street, on the south side of the bridge. This might help alleviate some of the problems. Council concurred. COMMUNICATION FROM HOUS- ING AUTHORITY RE LEAHY SQUARE PROBLEMS A letter from the Housing Authority of the City of Livermore, indicates that they intend to meet on March 1, 1977, to discuss the problems at Leahy Square, as brought to their attention by the City Council. They will be reporting back to the Council after the meeting. COMMUNICATION RE RESIGNATION FROM HOUSING AUTH. BOARD A letter of resignation from the Housing Autbority Board was received from Leo Gutierrez. The staff was directed to send a letter thanking Mr. Gutierrez for his service and it was mentioned that he will be honored at the Civic Awards dinner. COMMUNICATION RE NEW SISTER CITY The Council received a letter from the president of the Livermore- Yotsukaido Sister City Organization, extending an invitation to the Council to select one of the Councilmembers to represent the City at an official visit to the new Sister City, Yotsukaido, Japan, from August 9th through August 18, 1977. Mr. Cohen, President, explained that they have arranged for a charter flight which leaves on August 7th and returns on Aug. 28th, and the group will be visiting the Sister City on the 9th through the 18th. This will be a three week trip if they take advantage of the charter flight. Mr. Cohen reported that the Mayor of the Sister City will be visiting Livermore from April 18th through April 20th, along with the City Manager of Yotsukaido, and a representative. CM-33-376 February 28, 1977 NOTICE OF PUC DECISION RE USE OF GAS UTILITIES The City received notice of the PUC decision ordering gas public utilities in California to file tariffs providing that natural gas should not be caused or permitted to be used by residences, apartments and condominiums above 65 degrees F during the active hours of the day and above 55 degrees F during the sleeping hours, except for medical reasons. It was noted that the City does not have an ordinance which may be in conflict with the decision and the item was noted for filing. COMMUNICATION RE SAND AND GRAVEL QUARRIES A letter from Loren Enoch, County Administrator, was prepared in response to questions posed in a letter presented by the City Manager, relative to sand and gravel quarries and the City's concern that the Reclamation Plan is a 50 year plan. All other plans are 20 year plans and a longer period does not seem reasonable. It was noted that the Planning Commission will be reviewing the Reclamation Plan as soon as it is available. COMMUNICATION RE HEALTH SYSTEMS AGENCY DESIGNATION The designation of the Alameda-Contra Costa Health Systems Agency joint powers agreement, as the HSA for the two County area, was publicly announced by the Department of Health, Education and Welfare on Friday, February 18, 1977. Item was noted for filing. COHMUNICATION FROM LIVER~ORE HERITAGE GUILD RE MURPHY HOUSE A letter has been received from the Livermore Heritage Guild request- ing the submission of an application to the National Register of Historic Places for nomination of the old Murphy home located at 291 McLeod Street. In December the Council approved an extension of abatement of the home until the property could be rehabilitated, or until November 15, 1977, assuming plans which would be acceptable to the Building Inspector could be formulated. The Guild feels that inclusion in the National Register is the first step in preserving the building as this would make ~rs. Brewer, the owner, eligible for federal assistance of up to 50% of rennovation costs. Gary Drummond, representing the Guild, stated that the Guild did a survey and found that the home is one of about 25 homes in the City constructed in Italianate style, typical of some of the old homes in San Francisco. The Guild feels that this home would be the best to restore. The City has enough monuments to reflect the history of Livermore, but there are few homes 100 years old to reflect the history. Mr. Drummond was asked if the property becomes public property if grant funds are forwarded for the rehabilitation, and Mr. Drummond indicated that the property remains in private ownership. CM-33-377 February 28, 1977 (re Restoration of Murphy Home) Mr. Drummond explained that there are conditions attached to the grant such as the requirement that the property must be maintained for 20 years after it has been restored. There are many other conditions that also protect the intent of the grant funds. The comment was made that Livermore can't depend on federal funds to get everything in Livermore restored and the Council should take this into consideration, with which Mr. Drummond agreed. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA AND BY 4-1 VOTE (Cm Turner dissenting) THE COUNCIL EXPRESSED ENDORSEMENT OF THE APPLICATION TO THE NATIONAL REGISTER. REPORT RE LIVERMORE AVE. - CHESTNUT ST. INTERSECTION It was noted that a petition has been signed and presented to the Council which consists of 21 signatures and expresses opposition to the removal of the four-way stop signs at the intersection of Chestnut Street and North Livermore Avenue. It was pointed out that students who intended to give testimony this evening had a previous commitment and perhaps the item could be postponed in order to allow them to testify. Andy Jorgensen, 509 Rincon Avenue, stated that he has observed that since the City changed the intersection to two-way stop, there has been a drastic reduction in the number of children crossing. The children may be crossing elsewhere or parents may now be driving them to school, but it is a very touch situation for many of the children trying to cross. He has noticed that cars in the afternoons are traveling very fast, particularly those cars going in a northerly direction. In evaluating the situation, he would personally recommend that the City again install the four-way stoP. It was noted that the staff has been monitoring that intersection and perhaps this should continue with a report from the Police Department. The Council concurred. REPORT RE JOINT POWERS AGREE. - SOLID WASTE MANAGEMENT AUTHORITY PLAN Mr. Parness reported that he has talked to a staff member of the County Solid Waste Management Board concerning the JPA amendment the Council has been asked to adopt, and received an explanation of some of the mechanical problems that have been experienced in presenting the JPA to the State Board. The JPA amendment proposal specifies that facilities plan may be adopted by the Management Board, "'not inconsistent with"', the plan itself; the wording was devised by the City Attorney of San Leandro. The Deputy Attorney General, legal advisor to the State Water Management Board, has indicated that he is not opposed to the wording and it would satisfy the need. The need is that unless the amendment is included in the JPA, the facilities plan could be adopted only in the same way the original plan was adopted - by 50% of the population and 50% of the cities representing that population. The JPA can be amended only by 2/3 of the agencies covered by the plan, and this is the process underway at this time. CM-33-378 February 28, 1977 (re Solid Waste Mgmt. Auth. Plan Amendment) The Deputy Attorney General has indicated that if the wording were to be, '" a facilities plan may be adopted consistent with"', would be perfectly acceptable and he could find no legal distinc- tion between that wording and the one proposed. The amendment must be adopted or the City will have to follow the very cumbersome mechanics which were used originally, and they are awaiting the results of the provision. Of the 17 public jurisdictions of the County, 9 have approved it and adoption re- quires the approval of 12. Discussion took place concerning the method of the number of votes, per population, and it was noted that the County gets 3 votes, Oakland 2, and the City 1. It was pointed out that originally the process was cumbersome, but this was necessary, because it had to take into account many interests, conflicts, and required a great deal of input, compromise, and thought in order to achieve it. Concern was raised about the fact that the Board can now vote to implement the plan, add new elements, etc., without the same process as was originally required. It was pointed out that the Board cannot adopt anything which is inconsistent with the plan that was adopted. There is always the option to appeal any action according to SB-5, to the Solid Waste Management Board. At the time the plan was adopted, it was with the provision that cities with individual plans not inconsistent with the Solid Waste Management Plan, would be allowed to proceed and this was to "grandfather" in Alameda and their Peralta Plant. Indi- vidual cities had individual things they were concerned about, but this was agreed to. The plan is designed to be a very fluid plan that does not need to go back to the individual cities all the time. Amended wording was suggested, as follows: "...the Board members are authorized to develop, adopt, and from time to time revise a County-wide facilities plan consistent with the provisions of the Alameda County Solid Waste Management Plan...etc." "....The Board vote shall represent 50% of the cities and 50% of the population." The comment was made that the proposed wording, above, is a little stifling. Those who served on ACAP-CETA recognized that it in- volved a great deal of money and the matrix element was very skewed. Each City depended upon its representative to obtain some of the funds, and the large cities depend on their weighted vote. Any- time a joint powers is entered into, the people with the population have the weighted vote and they have the power. This is not neces- sarily good or favorable, but this does allow the board to function. The concern was then expressed that with the additional votes Oakland and the County have, the Altamont Dump Site could be approved. The above wording amendment should protect the cities against the unwanted projects to be adopted. CM DAHLBACKA MOVED THAT THE CITY NOT ADOPT THE M1ENDMENT PROPOSED BY THE BOARD, WITH SPECIFIC REASONS AS TO WHY IT SHOULD NOT BE ADOPTED. MOTION WAS SECONDED BY eM TURNER. CM-33-379 February 28, 1977 (re Solid Waste Mgmt. Auth. Plan Amendment) Don Miller, 2862 Waverly Way, felt that one of the underlying motives in accomplishing the proposed change, is to ease the path for the Altamont Dump. There are advantages to the cumbersome procedures because the majority of the votes come from Alameda and the County and these representatives are in support of Oakland Scavenger's interest. A facilities plan is very important and should come back to the City. The wording proposed by the Council, mentioned above, is a compromise position which allows a vote of 50% of the popula- tion and 50% of the cities. This does shorten the time period and does not require it to keep coming back to the City. CM DAHLBACKA INCLUDED IN THE MOTION THAT THE CITY WRITE TO ALL THE SIGNATORY AGENCIES, STATING THE WORDING THAT WOULD BE ACCEPTABLE TO THE CITY, AS QUOTED ABOVE. MOTION PASSED BY UNANIMOUS VOTE. DISCUSSION RE COUNCIL ADJOURNMENT. "RULES The Council has been waiting for a full Council to discuss Council policy regarding adjournment time for City Council meetings. CM STALEY MOVED TO AMEND COUNCIL RULES BY A 4/5 VOTE TO STATE THAT THE PUBLIC MEETING SHALL ADJOURN BY ll:30 P.M. TO ALLOW FOR HALF AN HOUR EXECUTIVE SESSION, IF NECESSARY. MOTION SECONDED BY CM KAMENA. MOTION ~~NDED BY CM DAHLBACKA TO AMEND COUNCIL RULES, AS STATED IN MAIN MOTION, BUT TO BE EFFECTIVE BY MAJORITY VOTE OF THE COUNCIL. AMENDMENT SECONDED BY MAYOR TIRSELL. MAYOR TIRSELL MOVED TO AMEND THE AMENDMENT TO ALLOW THE PUBLIC MEETING TO CONTINUE UNTIL 12:00 O'CLOCK. AMENDMENT FAILED FOR LACK OF SECOND. Opposition to the motion was expressed and the comment was made that setting a meeting deadline may cause the Council to make a hasty decision. It has been very few times that the Council has stayed as late as 1:00 a.m. and sometimes it really is necessary to get through a heavy agenda. Mr. Christmas, Pearl Drive, stated that he believes it is reasonable and rational to end the meeting at a reasonable hour. CM TURNER MOVED TO AMEND THE AMENDMENT TO STATE THAT THE COUNCIL TRY THE ADJOURNMENT AT 11:30 P.M., FOR THE MONTH OF MARCH. AMENDMENT SECONDED BY MAYOR TIRSELL AND FAILED 2-3 (Cm Dahlbacka, Kamena, and Staley dissenting) . AMENDMENT TO ALLOW CHANGE IN COUNCIL RULES BY MAJORITY VOTE PASSED BY UNANIMOUS VOTE. MAIN MOTION PASSED 3-2 (Cm Turner and Mayor Tirsell dissenting). Cm Turner raised a point of order and requested that the City Clerk report to the Council on whether a Council policy can' be changed by a majority vote. It was noted that unless the City Clerk finds that a 4/5 or 5/5 vote is required to change Council policy, the motion will take effect at the next Council meeting. CM-33-380 February 28, 1977 REPORT RE CITY PASTURE LEASE Vargas Brothers, lessees of City pasture land on Raymond Road, have requested a reduction in the rent because the land is not productive due to drought conditions. The pasture pro- vided no feed last year nor again this year but they would like to keep the lease in force and return to full rent when the ground is productive. MAYOR TIRSELL MOVED TO ALLOW A REDUCTION IN THE AMOUNT OF THE LEASE FOR THIS YEAR, BY HALF. MOTION SECONDED BY CM STALEY. It was the recommendation of the City Manager that the Council allow the reduction, and the City Attorney felt the reduction would not constitute a gift of public funds. MOTION PASSED 3-2 (Cm Dahlbacka and Turner dissenting). REPORT RE RED BARON ADVERTISEMENT VEHICLE The management of Red Baron Steak Houses, has requested that their advertising vehicle be located at the entrance to the Las Positas Golf Course. ITEM WAS NOTED FOR FILING ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE. REPORT RE MULTI-SERVICE CENTER SITE IMPROVEMENTS A request has been received from the Social Concerns Committee, regarding the need to determine the financial resources that might be allowable for necessary improvements. The City Manager recommended that in the interest of affording the maximum amount for the Center construction, it is requested that all site improvement costs, whenever possible, be paid by another municipal source. This would include the extension of Pacific Avenue, extension of the sanitary sewer, fire hydrant and water line installation, and the balance of the site needs, i.e., PG&E, telephone and Tele-vue facilities must be borne from grant funds. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE RECOMMENDATION BY THE CITY MANAGER AND STAFF WAS APPROVED. REPORT RE AIRPORT MASTER PLAN It was suggested that the information on the Airport Master Plan be scheduled for discussion and a public hearing because there are many residents who may be affected by the Airport Master Plan. It was concluded that the Council will again discuss the Airport Master Plan on April 11th but prior to that meeting there are items the Council would like to have answers to, as follows: 1) computation of the financial projections, including the Airport Manager's salary; 2) deletion of financial aspects, and how the plan would be affected without the financial data; 3) how the deficits will be covered; 4) how necessary are the capital improvements?; 5) the disparity shown in the income shown from 1975 to 1995, and how much emphasis can be placed on figures that range from 1975 to 1995 (financial forecasts; CM-33-38l February 28, 1977 (re Airport Master Plan) 6) feasibility of southern area acquisition for T-hangars and whether the City should commit a capital development on the south side at this time; 7) reasons why PSA and Air California have been ruled out for Livermore service. Mr. Lee explained that it was concluded that the Livermore Airport would not be developed for the PSA/Air California type of service and it would not be reasonable to anticipate this type of commuter service. Discussion followed concerning the possible demand for commuter service at the Livermore Airport. It was also pointed out that most of the major airports are close to sea level or at sea level and built of structures that could liquify and suffer substantial damange in case of an earthquake. Livermore's airport is one of the few airports that would probably survive and could provide a focal point for air-lift of medical and other necessary supplies during the time of a natural disaster. Perhaps the staff member in charge of Civil Defense could write a paragraph or a page relative to the airport's role in the event of an emergency, and make this a part of the Airport Master Plan. It was also mentioned that the figures represent 1973-74 figures and that last year's revenues as well as this year's revenes should be included to indicate total operations. Bill Zagotta, 5155 Lillian Court, stated that concerning the 20 year projection matter, he believes this is reasonable and that it allows a review of the policy for operating the airport such as how hangar rates will be set, etc. The cash flow analysis over 20 years would seem to be very important. Mr. Zagotta added that if projections come true, the noise factor at the airport could become a problem and he would suggest the Alameda County review of that Master Plan which is a very well written document and deals with the noise aspect in detail. The Council agreed to discuss the Airport Master Plan again on April llth with the information requested. P.C. REPORT RE ENERGY CONSERVATION POLICY At the Planning Commission meeting of February 1, 1977, there was discussion concerning energy conservation. The P.C. does recommend that the City Council consider establishment of a policy which will result in the implementation of conservation efforts by the City in the use of water, gas, and electricity. It was noted that there have been questions from the public con- cerning operation of the City's fountain during a time of drought, and that many people are not aware of the fact that the fountain is recycling its water. Paul Tull, Linden Street, commented that even though the fountains are using recycled water, there is a loss of energy through use of electricity for the pump and the lights for the fountains. The Council directed the staff to refer the item to the Energy Conservation Committee for review. CM-33-382 February 28, 1977 P.C. REPORT RE DENIAL OF HANSEN CUP APPLICATION The Council received a report from the P.C. concerning the applica- tion of Carl F. Hansen, et aI, for a CUP to allow the temporary site of 837/863 E. Stanley Boulevard, for parking recreational vehicles. On the basis of the findings that: l) the site is not compatible with the adjacent area; 2) the design does not allow safe ingress and egress; 3) the use cannot be construed to be of a temporary nature and would cause adverse effects on abutting properties; and 4) the necessary conditions could not be imposed which would protect the health, safety, and general walfare or allow for orderly and efficient development in conformance with the Zoning Ordinance; the application was denied. ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COUNCIL DENIED THE REQUEST FOR A VARIANCE, AS RECOMMENDED BY THE P.C. IN ACCORDANCE WITH THE FINDINGS MADE BY THE P.C. Prior to the motion it was pointed out that a car wash has been approved in the general vicinity of this property and perhaps it would not be unreasonable to allow the use. The majority of the Council disagreed. Bill Zagotta, 5155 Lillian Court, stated that during the P.C. discussion it was pointed out that the car wash traffic will empty onto Murrieta Boulevard which is, in a sense, a one way street because it has a median. The property in question would be used for the storage of recreational vehicles that would try to exit onto E. Stanley Boulevard which can be a very busy street, and with only two lanes to maneuver in. The traffic considerations were very serious. Also, at this time, the zoning is not compatible with the present use. P.C. MINUTES OF 2/1 and 2/l5/77 Minutes for the Planning Commission meetings of February 1, and February 15, 1977, were noted for filing. REPORT RE LIMITED PARKING - HILLCREST AVE. The Director of Public Works submitted a report recommending a one hour parking zone on Hillcrest Avenue, adjacent to the Louis Shopping Center. CM STALEY MOVED TO APPROVE THE PARKING ZONE AND TO ADOPT THE NECESSARY RESOLUTION. MOTION SECONDED BY CM KAMENA. The comment was made that people who use bus service are park- ing on streets adjacent to shopping centers and if parking restrictions are imposed the people will park inside the shopping centers rather than on the streets. The argument was made that Hillcrest Avenue is very narrow and it is difficult to drive along there while cars are parked on the street. It would be best to have red curbing from the shopping center beyond the apartments. CM-33-383 February 28, 1977 (Hillcrest Ave.) Mr. Lee indicated that he does not have a recommendation at this time but will be glad to report back to the Council at the next Council meeting. MOTION POSTPONED PENDING A REPORT FROM THE PUBLIC WORKS DIRECTOR. COVA REPORT The Council received a copy of the COVA Bylaws which will be discussed by the Council on March 14th. It was noted that Cm Dahlbacka, Kamena, and Staley need to have copies of the Joint Powers Agreement establishing COVA, because this was adopted prior to their taking a seat on the Council. COUNCIL DISCUSSION RE STUDY AREAS The Council requested agenda time for discussion of study areas proposed for the P.C. The item will be discussed later and Mr. Gorland will provide the Council with a list of items to be discussed. PROCEDURAL RELATIONSHIP BETWEEN P.C. & DESIGN REVIEW COMMITTEE The procedural relationship between the Design Review Committee and the Planning Commission has been discussed in the past and the P.C. has agreed to invite the Design Review Committee to make recommenda- tions for their consideration. COUNCIL AGENDA PACKETS AND MINUTES FORMAT It was noted that the suggestion had been made to place Council agenda information in binder type folders, that would be left with the City Clerk after the meeting and reused each week, with new information included. The City Clerk had mentioned that about 20 packets are prepared each week and the proposed binder method for the 5 Council- members would not save work for the staff. It was noted that the Council minutes have been changed so that all individual comments from the Councilmembers are not noted. It was suggested that if a Councilmember would like comments reflected in the minutes the person should state that, "for the record I would like the following comments recdrded", and the name of the Councilmember will be noted along with the statement. REPORT RE DESIGN REVIEW MEETINGS The Design Review Committee has requested that the Zoning Ordinance be amended to state that the Committee shall not meet less frequently than once a month since the Committee must also function as the Heritage Preservation Commission and that all meetings shall be open to the public. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE STAFF WAS DIRECTED TO PREPARE THE NECESSARY AMENDMENT FOR FIRST READING. CM-33-384 February 28, 1977 CONSENT CALENDAR Res. Auth Agree. - Airport West Clear Zone ~ The Council adopted a resolution approving the acquisition of 13 acres of property for the airport west clear zone. The total cost is $82,500 and $50,222 will be reimbursed by FAA with a possible additional $5,000 after audit. RESOLUTION NO. 45-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Freisman West Clear Zone) Payroll & Claims There were 114 claims in the amount of $97,620.51, and 301 payroll warrants in the amount of $107,873.93, for a total of $205,494.44, dated February 24, 1977, and approved by the City Manager. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM STALEY, SECONDED BY CM TURNER, AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. MATTERS INITIATED BY THE STAFF (Planning Director) Mr. Parness reported that two finalists have been selected for the position of Planning Director, who are undergoing reference checks at this time. It was the intention of the review committee that these two people appear before the Council. It was decided, after brief discussion, that the interviews will take place at 7:00 p.m., Tuesday, March 8th, in Department 2, Municipal Court Chambers, 39 South Livermore Avenue. (Civic Award Dinner) Mr. Parness reported that the only place the Civic Award Dinner can be held is the Holiday Inn, if spouses are invited. The Rancher is the other choice but they are closed on Sundays and would agree to cater the dinner on Sunday evening if the Council wishes to meet at the Rancher. The Council expressed the desire to hold the dinner at the Rancher on a Sunday evening. Mr. Parness reported that the only problem with the Rancher is that the banquet room holds a maximum of 150 people and there may be more attending the dinner than 150 people, but he will work out something. (Mayors Conference) Mr. Parness reported that the City will host the Mayors ~onference on March 9th, which will be held at the Red Baron and, hopefully, the entire Council will be present. CM-33-385 February 28, 1977 MATTERS INITIATED BY THE COUNCIL (Solid Waste Committee) Cm Dahlbacka stated that he would like to report on the meeting held by the Solid Waste Committee. They would like to hire a staff member and this would probably involve $50,OOO-$lOO,000 per year for opera- tional expenses. The cities will be billed for this expense and it was suggested that the bill be based on the Mayors Gas Tax Formula - half on population and half on votes at the Mayors Conference. The City's share of the cost will approximate $5,000 and this will have to be absorbed in the City's budget. Cm Dahlbacka also reported on the 25% source reduction mandate and he has received information on this subject from Lois Hill. He does not have the time to devote to this subject and he realizes the staff does not have the time needed. He would suggest that the Council form a citizens advisory committee to advise the Coun- cil on how the City can meet the 25% source reduction goal and to define the City's role in recycling and lastly, to consider and report to the Council on the possibility of City-operated refuse collection service. Also, there should be consideration of the dispensation of the franchise fee with Oakland Scavenger, in pro- viding other services. He would suggest a five member committee to study this matter. The staff and Council will be considering this suggestion. (DMV Move) Cm Staley indicated that he is concerned with the proposal for the Department of Motor Vehicles to move out of Livermore and perhaps the City Manager could ask their reasons for the move. Mr. Parness indicated that the move is irrevocable and it is a matter of desiring to be located in a more central area to serve the population in the Valley. (Signs) Cm Staley commented that he has observed some questionable signs located around town, such as the banner on the Homestead Savings and Loan building. Across from Homestead Savings, a sandwich type of sign is placed in the public right-of-way everyday to indicate that a mechanic is on duty. These signs should pe investigated and violators should be asked to comply with the Sign Ordinance. Mayor Tirsell reported that realtors are placing home open signs in the public boulevards, as well as the sandwich signs. (National League of Cities Conference) Cm Staley reported that the Policy Committee for the National League of Cities Conference in Washington, D.C., will meet on Sunday, but a delegates from the City has been requested to attend the other two days which will be devoted to League of Cities business. CM-33-386 February 28, 1977 (League Conference) Cm Staley noted that he will be at the conference and will be happy to act as a delegate from the City. ON MOTION OF MAYOR TIRSELL, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, CM STALEY WAS SELECTED AS THE DELEGATE FOR THE CITY AT THE NATIONAL LEAGUE OF CITIES CONFERENCE. (Future Agenda Items) Cm Kamena asked that two items be placed on the agenda for future discussion: 1) consideration of including veterinarians in CP Zoning areas; and 2) attic fan inspection fees - whether or not they could be collected at the time of escrow closure. It was noted that the matter of veterinarians in the CP Zone would have to be referred to the P.C., but the discussion of attic fan inspection fees could be discussed by the Council. (Holding Tanks) em Turner stated that he would like to have a discussion con- cerning the City's standards for holding tanks and if they d~ffer from;;> those of Alameda County's standards, a..'r<-,,( J t;{~:/ ci'lfJ-Y ((l-iy, (Hagemann Drive) Mayor Tirsell stated that she has received a complaint that the lines are not painted on Hagemann Drive and asked that Mr. Lee check to see that this is completed. ADJOURNMENT ON MOTION OF MAYOR TIRSELL, SECONDED BY CM K&~ENA AND BY UNANIMOUS VOTE, THE MEETING WAS ADJOURNED AT l2:l5 A.~. TO A MARCH 3, 1977, LAVWMA MEETING, AT 7:00 P.M. APPROVE '111-'4' --rn 'Z:f.; IJ < U ."1ayor 'I (' I " : I ;."'1\,, ,,11.'-. I,. '~~ ~ty Clerk L ermore, California v ATTEST Cr1-33-387 Adjourned ~egular Meeting of March 3, 1977 An adjourned regular meeting of the City Council of the City of Livermore was held on Thursday, March 3, 1977, at 7:00 p.m. at the Shannon Community Center, l6000 Shannon Avenue, Dublin, California. The purpose of the meeting was to discuss the LAVWMA Project with the LAVWMA Board. Present: Cm Dahlbacka, Kamena, Turner, Staley and Mayor Tirsell Absent: None The meeting adjournid at 9:00 p.m. APPROVE - l~ ib-r. TYJ ~ --' X- I Mayor ., 1~ ~ ' ,. ,- ... '. .., y" Clerk .. ~vermore, California ATTEST Regular Meeting of Marc~ 7, 1977 A regular meeting of the Livermore City Council was held on March 7, 1977, 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, Turner and Mayor Tirsell Absent: Cm Kamena (seated later) and 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. MINUTES - 2/23/77 P. 361, first paragraph, line five should read: neighborhoods or of a character or size to create a negative climate (delete wording "disrupt employment". ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE MINUTES OF THE MEETING OF FEBRUARY 23, 1977, WERE APPROVED, AS AMENDED. CM KAMENA WAS SEATED AT THIS TIME. CM-33-388 March 7, 1977 OPEN FORUM (re Extension of Railroad Avenue) Paul Tull, 2243 Linden Street, stated that at the last meeting it was reported in the minutes that the portion of Railroad Avenue to be moved is 26 ft. wide. It happens that the street is 35 ft. 2 inches wide, not counting the sidewalk, and he believes that all 88 ft. could be placed on the PG&E property without causing them to move anything other than two poles. He felt the City should be able to extend the street without causing a mess at the corner. (Introduction of Staff) For the benefit of the students in the audience the City Manager was asked to introduce the staff. He introduced the members of the staff seated at the table, including the new Assistant to the City Manager, Ed Shilling. Mr. Shilling started working with the City just today and Mr. Parness indicated that the City is very happy to have the former Concord resident. Members of the press were also introduced to those in the audience by the Mayor. COMMUNICATION RE PUBLIC HEARING RE CEASE AND DESIST ORDER - PUC The City has received a notice for a public hearing to be held on Tuesday, March 7, 1977 before the Hearing Panel of the Regional Water Quality Control Board to consider amendment of the time schedules relative to the cease and desist order. The meeting will take place in the Pleasanton City Council Chambers at 9:00 a.m., 30 W. Angela Street. Mr. Parness commented that the purpose of the hearing is to have the Regional Board consider the timing schedule and possible revision to the cease and desist order which was adopted in November. The hearing will be rather routine but it is anticipated that there will be inquiries as to LAVWMA's progress and the forecasts of the participating agencies. There was brief discussion concerning the points which might be discussed at the hearing and the fact that Pleasanton has no cease and desist order upon them while they have also been in violation. Jerry Wilverding, 4886 Primrose Lane, asked about the financing of the LAVWMA project and how the cost will affect the indivicual property owner . It was explained that on March 25th the engineers will be reporting the cost of various alternatives. They have been conducting a study since December and the results will be available at that time. LAVWMA intends to complete a project to solve the mandate and the City Council as well as the VCSD Board have taken the position that bonds are feasible and a bond election could be held in November. However, the City is being required to guarantee by backup financing, and some of the problems of the "pay as you go" philosophy will be explained to the voters later. CM-33-389 March 7, 1977 (Cease & Desist & LAVWMA Project) Paul Tull, 2243 Linden Street, asked why the City intends to borrow money over a period of 30 years to pay for a 20 year project. It was explained that the federal government gives funds in 20 year increments for clean water projects. COMMUNICATION RE SOCCER CLUB SOCCERTHON The City Council received an invitation from the Livermore Girls' Soccer Club, to participate in the Soccerthon which has been scheduled for March 26th at 6:00 a.m. The Soccerthon will be a challenge between girl soccer teams and anyone wish- ing to participate. The City Council accepted the challenge and asked the staff to contact the representatives of the soccer club to find out about some of the details. COMMUNICATION RE LEAHY SQUARE PROBLEMS A letter was submitted to the Council by the Superintendent of Schools, Mr. Croce, indicating that the staff is reviewing possibilities of eliminating some of the vandalism problems being experienced at Leahy Square. They will keep the Council informed of progress being made. Item noted for filing. COMMUNICATION RE FESTIVAL '77 A letter was received from the Livermore Cultural Arts Council informing the Council that September 30, October 1, and October 2, 1977, have been scheduled for Festival '77. They would hope that early notice will enable valley organizations to avoid scheduling conflicting activities on these days. Item noted for filing. NOTIFICATION OF AIR RESOURCES BD. HEARING The Council received a notification from the Air Resources Board concerning the hearings scheduled to consider plans for air con- servation programs. It was recommended that the notice be sent to the Air Pollution Committee members and requesting feedback from that committee. Council concurred - item noted for filing. REPORT RE TITLE VI FUNDS The City Manager reported that by virtue of a new program devised under Title VI of CETA, a portion of the allocation originally in- tended for personnel employment but unused by local agencies in 1976 will be devoted to local projects. An apportionment of CM-33-390 March 7, 1977 (re Title VI Funds) $158,000 is to be made to Livermore, based upon our unemployment level, all of which must be used for temporary employment. Also, at least 25% must be devoted to community based organizations to be used by them for temporary employment. Several projects have been submitted by our local community based organizations (CBO) and those proposed for Livermore have been drafted by the staff. The federal regulations require that the projects be submitted to Alameda County by March 15th and it is recommended that the Council endorse the projects as transmitted by the staff. If the projects are authorized by the County and by the governing Board of ACTEB, the details of their implementation will be resolved by the staff at a later date. Originally, 75% of the funds were to be used for personnel and labor costs, but it has since been revised to the extent that 100% of the funding must be used for the employment of people. Overhead is allowable, but it still must be confined within the bounds within the limit of the amount of money that can be assigned to anyone person. Mr. Parness indicated that he believes the maximum amont of money that can be assignable to a person is $10,000 per year. It was noted that Mr. John Brown one of the executive ~fficers of CETA-ACTEB is present and perhaps he would be willing to answer questions the Council might have, if called upon. Mr. Parness indicated that the details at this time are rather cloudy and perhaps the Council should not ask questions of Mr. Brown at this particular time. Ann Duncan, Personnel Director, reported that she would like to apprise the Council of the criteria required in submitting final applications. The final application for the projects was received two days before the deadline date. Whatever the Council decides to do this evening has to be transmitted to the County by the 15th, to the MAC Board and then to the ACTEB Board by March 23rd. The City should know by the end of March what funds will be available to the City and by April 15th, 10% of the funds must be in action, with 100% in action by July 15th and everything spent by September 30. This is the very tight time schedule for the expenditure of $158,000. The four goals are: 1) assist community based and non-profit organizations in providing services for unmet human service needs; 2) leverage the Title VI funds to the extent possible with other public monies so the greatest number of jobs can be provided as quickly as possible; 3) to make innovative use of Title VI funds; and 4) to develop an ongoing public service employee planning model and system. Ms. Duncan indicated that this matter is a problem because the City was told to write this as a project which would begin April 15th or later and would definitely end by September 30. The idea behind the program is the President's desire to reduce the unemployment rate and reportedly there is more money available in March and if all of the previous money is used there will be considerably more money available in October. Those City projects not funded this time may be covered later. At this time the City needs to discuss the projects that need to be funded immediately with the $158,000. The criteria are the following: 1) the agency must be a public agency or an incorporated non-profit organization; 2) any person to be employed must be a member of a family whose income is at or below 7% of the lower living standard income level or poverty level; CM-33-39l March 7, 1977 (Title VI Funds) 3) the person to be employed must also have received unemployment for more than 15 weeks or uneligible for unemployment and unemployed for more than 15 weeks or the person must have exhausted all unemploy- ment compensation. These are the main criteria and there are some additional requirements which are minor. There is no money avail- able for administrative overhead - the funds are totally for salaries and fringe benefits. The restriction is $lO,OOO per salary per year. Ms. Duncan then explained the various projects or areas in which additional personnel could be used with the receipt of the funds. All of the proposed projects have been reviewed and rated by ACTEB. Those receiving a rate of 70% and above were considered for the first phase of funding and those are the projects which will be considered by the Council. The second round of funding will also have to be spent in the same time period - April l5th through September 30th, and these additional projects will be brought to the Council for priority rating at the next Council meeting. Ms. Duncan explained the projects which have been recommended for funding in the first round of funds to be received, and which will have to be placed in order of priority according to the wishes of the Council: Leahy Square - 1) paint for interior and exterior; 2) ground maintenance; and 3) security patrol. Tri-Valley Child Development Organization - They have requested personnel to provide information services. Buenas Vidas Ranch - A counselor for class maintenance. Teen Employment - A job developer. Garnet Austin Center - Provide a staff position for one of the disabled members of the Center as a demonstration model. YMCA - Coordinator for a summer camp for boys of single parent families. LARPD - Personnel to repair park facilities. City of Livermore - 1) park development and irrigation; 2) land use map development; and 3) Title VI CETA administration. Ms. Duncan pointed out that there are many other valuable pro- jects that the City would like to see funded and perhaps some of the others can be funded later. The staff considered those projects with alternate funding vs. those with no funding, and this was one of the deciding factors. Discussion followed the presentation concerning the methods by which those listed above were selected of the 60 projects sub- mitted, and Ms. Duncan responded to questions raised by the individual Councilmembers. During the discussion there was interest expressed in the following projects: 1) highway irrigation; 2) volunteer coordinator for the City; and 3) mural paintings. John Brown, from ACTEB-ACAP briefly explained why all of the funding must be used for employment purposes. The Council then discussed the specific projects and questions were answered by Mr. Brown and Ms. Duncan. CM-33-392 March 7, 1977 (Title VI Funds) Jerry Wilverding, stated that he would like to suggest that rather than approve the recommended projects, the City purchase a van that would carry approximately 12 people and begin transportation service in the City of Livermore. It was explained that the funds must be used for employment, which means that the City would have to sustain the cost of the vehicle. Miriam Miller, 2862 Waverly 'vay, asked that the Council delay any decision on the projects to be funded for at least one week to allow the Council and the public to review the proposals. She indicated that she does not know why the Valley Child Care Center did not appear on the first list. They are interested in training and offering services to people who are interested in or are presently providing child care in their homes. During the discussion it was mentioned that 15% of the funds will be going to CETA-ACTEB for administration costs and that the City will be receiving the 85% for employment purposes. It was suggested that the 15% for administration costs be divided so that the City would receive 5% for administration costs . Ms. Duncan explained the structure and the reason the 15% is going elsewhere for administrative costs. It was pointed out that during the formation of the Joint Powers Agreement, the governing board stated that ACTEB would not retain more than 5% for administrative costs, for any projects funded and Cm Kamena, the City's representative, might bring this point up for discussion with the governing board. It was mentioned that this could be discussed but with respect to the $158,000 it is too late to do anything about the loss of 15% to ACTEB for administrative costs. The City Manager was directed to look into the possibility of writing a program which would take into consideration the recom- mendation made by Mr. Wilverding for some type of public transpor- tation from federal funds, and which might be included in the funds anticipated in October. With respect to the request made by Mrs. Miller to postpone a decision for a week, it was noted that because of the time con- straints the Council should not postpone the motion to adopt the projects recommended by the staff. CM DAHLBACKA MOVED TO ADOPT THE STAFF RECOW1ENDATION RELATIVE TO THE PROPOSED FUNDING OF TITLE VI FUNDS, MOTION SECONDED BY CM TURNER AND PASSED BY UNANIMOUS VOTE. The staff was asked to submit a list of the other projects which were considered, and how they were rated, so that the Council may have more information available when the next group are consider- ed at the next Council meeting. RECESS Mayor Tirsell called for a brief recess, after which the Council meeting resumed with all members of the Council present, as during roll call. REPORT RE TRAFFIC ON SUPERIOR DRIVE The Director of Public Works reported that the traffic speeding problems occuring on Superior Drive have been investigated and CM-33-393 March 7, 1977 (re Superior Drive Traffic) ~he City has decided to install centerlines and bike lanes similar to those which are used on Vancouver Way. Hopefully, this will be effective in reducing some of the traffic prob- lems. Speed limit signs will also be posted at the collector streets along Superior Drive to help with the speed problems. The staff was asked to check to see if the speed limit signs are posted and if anything needs to be reported to the Council to do so. Item noted for filing. REPORT RE INTERSECTION IMPROVEMENTS - FIRST ST. & SO. ilL" STREETS The Director of Public Works reported that the intersection of First Street and South "L" Street is in need of traffic control improvements. It is recommended that the staff be authorized to contact CAL TRANS to begin the initial steps in a cooperative project for signal modification. ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA, AND BY UNANI- MOUS VOTE, THE STAFF WAS AUTHORIZED TO CONTACT CAL TRANS. The matter will be returned to the Council with a report on the status prior to further action beyond the direction stated above. REPORT RE FIRST STREET OVERHEAD LIGHTING The matter of the First Street overhead lighting was noted for filing and the matter will be coming back to the Council with more information from the Director of Public Works. P.C. SUMMARY OF ACTION The Planning Commission summary of action from the meeting of March 1, 1977, was noted for filing, with a note to the P.C. to review the combining districts in the Zoning Ordinance. CONSENT CALENDAR Res. Auth. Exec. of Agreement re PG&E Property A resolution authorizing execution of agreement relative to purchase of PG&E property for the extension of Railroad Avenue, was adopted by the Council. RESOLUTION NO. 46-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREE- MENT (PG&E Property - Extension of Railroad Ave.) Mr. Tull asked questions about the purchase of this property which were answered by Mr. Lee. CM-33-394 f1arch 7, 1977 Res. Denying Tent. Tract 3760 The Council adopted a resolution denying Tentative Tract 3760. RESOLUTION NO. 47-77 A RESOLUTION DENYING TENTATIVE SUBDIVISION TRACT MAP 3760 Res. Denying CUP - Carl F. Hansen The Council adopted a resolution denying a CUP application by Carl F. Hansen to allow temporary use of property located on Stanley Boulevard for parking recreational vehicles. RESOLUTION NO. 48-77 A RESOLUTION DENYING A CONDITIONAL USE PERMIT (Carl F. Hansen, et al) Res. re Weed Abatement The Council adopted a resolution declaring intention to abate weeds, as the first action in the annual weed abatement program. RESOLUTION NO. 49-77 A RESOLUTION DECLARING THAT THERE EXIST CONDITIONS OF GROWING WEEDS, ACCU~mI..ATED REFUSE, RUBBISH OR DIRT, ON PRIVATE PROPERTY AND/OR ADJACENT STREETS, MORE PARTICULARLY DESCRIBED IN THIS RESOLUTION, AND FURTHER DECLARING THE SAME OT BE A PUBLIC NUISANCE AND ORDERING SAID CONDITIONS ABATED. Payroll & Claims There were 82 claims in the amount of $54,532.62, dated Feb. 28, 1977, and approved by the City Manager. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM KAMENA, SECONDED BY C~ TURNER AND BY UNANIHOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. MATTERS INITIATED BY THE STAFF (Civic Award Dinner) Mr. Parness announced that the Civic Award Dinner will be held on April 17, Sunday, at the Rancher. (Various Items) Mr. Parness reported that the Board of Supervisors will be reviewing the reapportionment of Proposition 2 monies relative to parks. CM-33-395 March 7, 1977 (Various Items) Interviews will be taking place tomorrow evening at 7:00 p.m. for the Planning Director position. (Traffic Problems on Olivina) Cm Turner stated that he has received a complaint about speed on Olivina Avenue going towards Hagemann Drive - the area east of Murrieta. The Director of Public Works was asked to check into the problem and report back to the Council with any recommendation he might have. (Procedure for Council Policy Change) Cm Turner asked if Council policy can be changed by majority vote, as was done last week and the City Clerk indicated that a majority vote is allowable. (Signs) Cm Turner stated that in contacting the realty offices concerning the illegal sandwich type of signs that are being placed in right- of-way areas and sidewalks are being done by realtors from out- of-town. The local realtors are going to try to police the problem because their signs are important to them and they want to be able to continue placing signs on private property, etc. (Bankhead Taxes) Cm Kamena indicated that he received a call from Evelyn Bankhead who reported that Fallon Enterprises owns property on First Street for which the Bankheads are paying the taxes. The City Attorney explained that this is a very confusing issue in which there was a change in ownership and the matter is being taken care of. When there has been a resolution to the problem he will so inform the Council. (Agenda Item) Cm Kamena requested that VCSD Resolution 277 be placed on an agenda for discussion. The resolution deals with the guidelines for eliminat- ing sex bias language and COVA has requested that the matter be dis- cussed by the City Council. (Mayors Conference) Mayor Tirsell reminded the Councilmembers that the Mayors Conference will be held at the Red Baron on Wednesday evening and the City intends to invite a member from each newspaper. (KABL-TV) Mayor Tirsell reported that she and Janet Newton filmed an opening segment on the history of Livermore, which will appear on KABL-TV, and that Livermore now has a regular space for programming with KABL. CM-33-396 Harch 7, 1977 (Government Day) The Granada High School has planned a "student day" with the City which has been scheduled for March 21. The students will be select- ing five councilmembers who will sit with the Council on that night and during the day they will be acting as the counterparts of the City staff and will be with the staff members during working hours. During the afternoon the students will be questioned on what they learned during the day and everyone is looking forward to the event. ON MOTION OF CM KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE STUDY SESSION RELATIVE TO WATER, SEWAGE AND VARIOUS FEES, WAS RESCHEDULED FOR APRIL 18. (Youth Employment) Mayor Tirsell reported that Barbara Hempill, administrative volunteer for the City, and the Social Concerns Committee have been very active in getting the Youth Employment Program started. Hopefully the EDD will help do some screening of youths and a report will be coming to the Council on how the program will be operated. This is the third year the City has been involved in youth employment for the summer and hopefully it will soon be a full year program to help youths find jobs anytime during the year. ORD. RE ZOo ORD. A.~END. ASSIGNING RS-3 DIST. TO TREVARNO ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER, AND BY UNANIMOUS VOTE, THE ZONING ORDINANCE N1ENDMENT TO ASSIGN RS-3 DISTRICT ZONING TO THE TREVARNO ROAD AREA WAS ADOPTED. ORDINANCE NO. 917 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS N1ENDED, OF THE CITY OF LIVERl\lORE, BY AMENDING SECTION 3.00 THEREOF, RELATING TO ZONING. CITY MANAGER STATUS REPORT Water Bill The method of billing for water services will be changed in order to modernize the method. Zone 7 Mr. Mun Mar from Zone 7 has been invited to the next Council meeting to discuss some of the water conservation matters with the Council. Insurance Coverage Insurance renewal time is near, as coverage for fire and liability expires the end of the month. The matter of insurance coverage is a concern and perhaps the Council might consider what course the City should follow. CM-33-397 March 7, 1977 Zoning Administrator There have been 56 applications received for the position of Zoning Administrator and the prospects look very good. The new Planning Director will help in the selection of someone to fill this position and this will probably be done over the next couple of weeks. City, violence Unfortunately there was an armed robbery and a stabbing in the downtown area but suspects have been captured and are in custody. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:15 p.m. to an executive session to discuss litigation and then to an adjourned regular meeting at 7:00 p.m., March 8, in the Court, Department 2, 39 South Livermore Avenue, Livermore, California, for interviewing Planning Director candidates. APPROVE rn~ l-1ayor ATTEST CJ.ty Clerk Livermore, California Adjourned Regular Meeting of March 8, 1977 An adjourned regular meeting of the City Council of the City of Livermore was held on Tuesday, March 8, 1977, at 7:00 p.m. in the Court, Department 2, 39 South Livermore, Livermore, California. The meeting was called to order at 7:05 p.m. with Mayor Tirsell presiding and the Council conducted interviews of Planning Director candidates. Present: Absent: Cm Dahlbacka, Kamena, Turner, Staley and Mayor Tirsell None The meeting adjourned at 9:00 p.m. APPROVE ,j~ m ~~j) , Mayor /^ r ~ '---' / I //. ATTEST CJ.ty Clerk Livermore, California CM-33-398 Regular Meeting of March 14, 1977 A regular meeting of the Livermore City Council was held on March 14, 1977, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:07 p.m. with Mayor Tirsell presiding. SPECIAL ITEM - PROCLAMATION Mayor Tirsell read a proclamation requesting that the week of March 13th through ~1arch 20th be observed as National DeMolay Week. The proclamation was presented to a DeMolay representative. ROLL CALL Present: Cm Dahlbacka, Kamena, Turner, Staley and ~1ayor Tirsell Absent: None PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. MINUTES - 2/28/77 P. 374, last paragraph, first line should read: Cm Dahlbacka commented that perhaps there should be some expansion....etc. P. 385, first item under Matters Initiated should read that two finalists have been selected for the position of Planning Director, not Personnel Director. P. 387, item regarding holding tanks should indicate that Cm Turner asked for a report from Mr. Lee outlining the differences in the City's standards, vs. the County standards, and if there are any differences, why? ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF FEBRUARY 28, 1977, WERE APPROVED, AS CORRECTED. SPECIAL ITEM - COUNCIL REORGANIZATION TO SELECT MAYOR AND VICE MAYOR CM DAHLBACKA NOMINATED CM TURNER FOR ~1AYOR. MAYOR TIRSELL WAS NOMINATED BY CM KAMENA TO SERVE A SECOND TERM AS MAYOR. Cm Dahlbacka and Cm Turner expressed the opJ.nlon that the chair should be a rotation on an annual basis with each Councilmember serving as Mayor for a year, and that each year the Vice Mayor should become the new Mayor, to provide for continuity. THE CITY CLERK CALLED .1\ ROLL CALL VOTE AND EACH MEr-1BER CAST A VOTE FOR EITHER CM TURNER OR MAYOR TIRSELL, AS FOLLOWS: Cm Turner - Cm Turner Cm Dahlbacka - Cm Turner Cm Kamena - Mayor Tirsell Cm Staley - Mayor Tirsell Mayor Tirsell - Mayor Tirsell CM STALEY NOMINATED CM KAMENA FOR VICE ~mYOR. BALLOT DECLARED UNANIMOUS. Cm Turner expressed appreciation for having been able to serve as the Vice Mayor during the past year. CM-33-399 March 14, 1977 SPECIAL ITEM - WATER CONSCERVATION Mr. Munn Mar, Zone 7 Manager, was invited to the Council meeting to discuss water conservation measures with the Council, and the current status of our domestic water supply. Mr. Mar indicated that the drought situation is the worst in the last lOO years. On a state wide basis, the snow pack for the season is 25% of what there normally is, and this is the state's source of water; therefore, the runoff into the reservoirs will be very little. There are about 20 states getting only 25%-50% of the normal amount of snow. Since much of the electricity is generated in the northern areas through hydro-electric plants, the lack of water may mean a shortage of electricity. It is anticipated that if water conservation were to begin on a volunteer basis, there may be water for ground water recharge during the latter part of the year. During the first two months of this year there has been a 17% reduction in the amount of water used be- cause many people are trying to conserve - this figure is the one compared to the amount used during the first two months last year. With respect to water quality, in 1975 the average TDS level was 200 ppm and hardness was about 100 ppm. This year the TDS level is about 500 ppm and hardness 170 ppm. If the drought continues Zone 7 would anticipate the same type of water quality throughout this summer with a chance of possibly 10% more hardness, etc. During the discussion that followed it was mentioned that Zone 7 is not governed by any NPDES discharge permits - sewage treatment plants are covered by discharge requirements, not recharge of underground water basins. Also, there is probably enough water for up to five years with stringent water conservation measures. It was pointed out that even if Zone 7 were to impose conserva- tion measures, only about l/3 of the population is served by Zone 7 and Cal Water would have to impose measures in order to be consistent. Reportedly, the Cal Water users are volunteering to conserve and Cal Water plans to distribute conservation kits to anyone who might like one. Mr. r1ar explained that a good conservation measure that is working on a voluntary basis, helps prevent water shortage; however, excess water is recharged in the ground and none of the entitlement water is held in reserve. The water situation should be about the same through the summer but if conditions continue, the City's quota might be 50% less next summer and the Zone believes it is of value to urge that all water users conserve water. If the time comes that entitlements are reduced to half, there would have to be a re-evaluation of resources and possibly uniform cutbacks made on requests from the City, Cal Water, VCSD, etc. With respect to the underground water that might need to be mined, Mr. Mar indicated that some new wells might have to be drilled and from the standpoint of cost, this plan would be feasible. Mr. Mar was asked to explain why Cal Water is allowed to draw from the water table, at no cost, and yet the Zone is a public agency and purchases the water and recharges the underground water. Cal Water takes water without paying for the recharge. CM-33-400 March 14, 1977 (re Water Conservation) Mr. Har explained that retailers are allowed to pump up to a certain amount of ground water, as part of their contract. No further discussion. OPEN FORUM - No Comments COMMUNICATION FROM OFFICE OF PLANNING & RESEARCH - ABAG The Council received a report from ABAG concerning the pilot indus- trial survey by ABAG for the Governor's Office of Planning and Research. ABAG will receive approximately $25,000 from OPR to develop two products: 1) a regional map indicating areas set aside by city and county plans for industrial use; and 2) set of criteria or procedures to follow that will speed consideration of regionally significant proposals for development. Item noted for filing. COMMUNICATION FROM CHP RE 55 MPH SPEED LIMIT The Department of California Highway Patrol requests assistance in a campaign during the month of May to urge compliance with the 55 mph speed limit. CM TURNER MOVED TO SUPPORT THE ITEM AND RESPOND BY LETTER TO THE CHP. MOTION SECONDED BY 01. DAHLBACKA. The argument was made that there are areas in which the 55 mph speed limit is not approoriate. Cm Turner commented that his motion is based on the fact that 55 mph is a safe speed for the highway and that it helps to conserve fuel. MOTION FAILED 2-3 (Cm Kamena, Staley and Mayor Tirsell dissentinq). Cm'l~mNICATION RE CEASE AND DESIST A letter was received from the California Regional Water Quality Control Board informing the Council that projects which were received and processed prior to February 15, 1977, may be issued. COMMUNICATION RE LAVWMA PROJECT FUNDING A letter from the California Regional Water Quality Control Board informed the Council that the LAVWMA reclamation plant project in the State's Group 4 project list could not be considered because of insufficient information. It was noted that the City is paying a management team to gather the information necessary to obtain a grant, and the Council's disappointment should be expressed to the LAVWMA staff. CM-33-40l March 14, 1977 COMMUNICATION RE EVALUATION OF WATER NEEDS The Council received a copy of a resolution adopted by the Calif- ornia Legislature Assembly Committee requesting all local water purveyors to immediately evaluate their water supplies and needs and to institute all appropriate water conservation methods that would assist in their area, as well as other areas. Item noted for filing. CO~~UNICATION RE ALAMEDA COUNTY GENERAL PLAN The Council received a copy of a letter sent to the County Board of Supervisors from the Pleasanton City Council, expressing their opinion of the Alameda County General Plan. Pleasanton also sup- ports Alternate 2C as the only viable alternative. Letter noted for filing. COMMUNICATION RE LAVWMA PROJECT A copy of a resolution adopted by VCSD agreeing to financially participate in the LAVWMA wastewater disposal project was sub- mitted to the Council for informational purposes. Resolution noted for filing. REPORT RE CETA VI PRIORITY LISTING At the last Council meeting the City Council approved five items to appear on the priority list for the first phase of CETA VI funds. The list was forwarded to the County and the City has been instructed to prepare a second priority list for community based organizations (CBO) and the City. The second list has been prepared but it is not known how much money might be received for this second group of priorities; for this reason the City has accepted all projects that have any type of priority. The Council has the recommended priorities in front of them at this time. It was noted that at the last meeting Mr. Wilverding had recom- mended some type of bus service for the citizens of Livermore and Mr. Parness stated that he has prepared a report concerning this suggestion and it will be presented to the Council next week. He would comment, however, that the associated costs would be excessive and it would not be feasible to consider under this particular type of program, which will provide tem- porary personnel costs only. Mr. Wilverding has recommended something much more permanent in nature in the way of personnel and substantial maintenance and operational expenses. Discussion followed concerning the time frame for the funding which will be from April 15th at the earliest, up until Septem- ber 30th, and the fact that the list approved by the Council is the first group that will be funded. The list the Council is reviewing at this time is also to be funded during the same time frame. CM-33-402 ~1arch l4, 1977 (CETA VI Priority List) It was recommended that the first round of priorities be left as they were voted on last week because the City knows that it will be receiving $158,000. It is not known what amount will be received for the second round of priorities and for this reason the Council could state their preference without assigning a dollar amount to any of the projects until the amount is known. ON MOTION OF CH KAlI1EN,2\, SECONDED BY CM STALEY, AND BY UNANIHOUS VOTE, THE CITY PROJECTS 1 THROUGH II ~VERE APPROVED FOR TITLE VI FUNDING, AS FOLLOWS: 1) Reorganization of viable record retrieval systems for the City of Livermore~ 2) Vehicle service and repair for Corporation Yard; 3) Development of Public ~vorks data and mapping materials; 4) City beautification projects; 5) Public Works classification study; 6) Vehicle service and repair for LARPD Corporation Yard; 7) Development of a reprographic System for LARPD~ 8) Development of a Skills Talent Bank for senior citizens for LARPD: 9) Repair of fire hydrants and water systems; and 10) Street sign installation; and 11) Youth leadership involvement with senior citizens, for LARPD. Mr. Wilverding stated that he really believes the City could provide transportation and that this is very imoortant to the citizens. It was pointed out that the Council agrees with what Mr. Wilverding is saying but this particular funding mechanism is not the proper means for funding transportation. The busses could be purchased and operated until October, period. There are funds available at MTC right at this time, if the City had funds to operate a bus system - it doesn't. A bus service would cost an additional 6-l0~ on the tax rate to operate even the smallest amount of transportation. There are capital grants available to the City for the purchase of transportation equipment but it would cost the City approximately $400,000 per year to operate a system. The government would pay $300,000 of this amount but the City would have to come up with an additional $100,000 for the budget to meet the transportation costs and the City has no ability to do this unless the citizens are willing to have property taxes raised by 6~. The Council then reviewed the CBO projects and agreed to remove the numbers and the amounts of money, and just submit a list of projects the City would like funded. The Council discussed each project that was listed with a brief explanation from the Personnel Director as to what some of the priorities entail. The representative from the New Haven Unified School District spoke to the Council regarding their request for personnel to handle accounting services and job development for the Livermore Valley. The Personnel Director explained that she has been told that if the City wishes to submit projects the titles or number of par- ticipants and the amount of money can be changed after the fund- ing amount is known. 01 KAMENA MOVED TO SUmUT THE FIRST FIVE PRIORITY ITm1S AND TO REMOVE THE FUNDING AMOUNTS. SECONDED BY CM STALEY, AND PASSED BY UNANIMOUS VOTE. The items to be submitted are as follows: 1) Social Concerns Committee - Survey needs of low income and disadvantaged residents of Livermore; 2) Valley Child Care - record retention and office organization; 3) Twin Valley Counseling Service - learning disa- bility remediation program~ 4) Hotline - youth outreach~ and 5) r1ental Health Assoc. - public education program. CM-33-403 March 14, 1977 RECESS Mayor Tirsell called for a brief recess after which the Council meeting resumed with all members of the Council present. REPORT FROM HOUSING AUTHORITY RE CRIME & VANDALISM PROBLEMS The Council received a report from the Livermore Housing Authority concerning the vandalism and crime problems that have been taking place at Leahy Square and some of the things they plan to do to help correct the situation. The Board has ordered six sodium vapor lights which will be in- stalled as soon as they arrive, and each unit will have a lock on the patio doors that will be properly installed. According to reports from the Police Department most of the burglaries take place from patio door entries and at this time the Board feels dead bolt locks on front doors are not necessary. They have indicated that if the situation changes and the dead bolts are required they will also be installed on the front doors. The Council directed the staff to send a letter to the Housing Authority Board expressing the Council opinion that they are on the right track and hopefully the good work will continue. It was mentioned that the Council did approve a part-time security patrol for Leahy Square in the first round of fund- ing from the CETA Title VI funds. REPORT RE COVA BY-LAWS CHANGE ON MOTION OF CM KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE AMENDMENTS TO THE COVA BY-LAWS WERE APPROVED. It was mentioned that there is some concern among various agencies as to whether or not COVA should be continued and because it is budget time, perhaps each agency should declare whether or not they wish to continue with COVA. The City Manager was asked to schedule this item for discussion on an upcoming agenda. REPORT RE 1977 JAYCEE AIR SHOW The insurance coverage for the 1977 Jaycee Air Show at the Liver- more Municipal Airport is to be reviewed by the City Attorney and if found to be acceptable, it is recommended that the Council adopt a motion approving the request to hold an air show at the airport. CM STALEY MOVED TO AUTHORIZE CONDUCT OF THE AIR SHOW, SUBJECT TO THE PROVISION OF ADEQUATE INSURANCE COVERAGE AND TO THE SATISFAC- TION OF THE CITY ATTORNEY AND AS TO THE PROPERTY MANAGEMENT CON- DITIONS, AS DETAILED BY THE AIRPORT ADVISORY COMMITTEE. MOTION SECONDED BY CM KAMENA AND PASSED BY UNANIMOUS VOTE. CM-33-404 March 14, 1977 REPORT RE DIAGONAL PARKING ON SOUTH "M" The Director of Public Works reported that the merchants of the Livermore Plaza have requested diagonal parking on "M" Street between Third and Fourth Streets. The 7-11 Store is located at the northwest corner of 4th and "M" and the staff recommends against the use of diagonal parking because of traffic safety considerations. It was mentioned that the P.C. is in the process of reviewing the CBD, which includes parking in that area. There have been proposals to block off some of the streets and provide diagonal parking and perhaps the discussion should be held in abeyence or refer the parking concerns to the P.C. Mr. Lee was asked if there have been more accidents where the streets have been converted to diagonal parking and Mr. Lee indicated that there are really very few streets with the diagonal parking so it is difficult to determine how much this would affect the number of accidents. It was suggested that perhaps the east side of "1'1" could be given the diagonal parking treatment (across from 7-11) and the west side could remain parallel parking. It is very likely that the employees of the Plaza would be parking in the stalls for a lengthy period of time and there would not be the problem of traffic moving in and out of the stalls all during the day. It was mentioned that "M" Street is not a major street and since it does not carry a heavy amount of traffic and diagonal spaces would provide additional parking, it would be reasonable to allow it. CM TURNER MOVED TO APPROVE DIAGIONAL Pl'\,RKING ON THE EAST SIDE OF "M" STREET BETWEEN THIRD AND FOURTH STREET. MOTION SECONDED BY 01 KA~ENA. 40TION PASSED 3-2 (em Dahlbacka and Mayor Tirsell dissenting). REPORT RE STATE LEGISLATIVE MATTERS A report was received from the City Manager recommending opposition to SB 164 - Compulsory Arbitration (Police and Fire); and support of SB 201 - Local Requirement for Dedication of Land and Fees for School Sites. ON MOTION OF 01 KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE COUNCIL APPROVED THE RECO~,1MENDATION MADE BY THE CITY !'-1ANAGER. REPORT RE AGREEMENT AMEND. - INDUSTRIAL EMPLOYERS & DIST. ASSN. The City Manager explained that the Industrial Employers and Distributors Association (IEDA) labor relations consultant firm has proposed a rate increase to all of its contracting members. The current rates have remained the same since 1970 and are $3.15 per month for each employee within a bargaining unit and $1.25 per month for all other employee classifications, supervisory, management or confidential. The new rate is $4.80 per month applicable only to employees con- tained within the respective bargaining units and would mean an additional $3,279.70 per year over the presemt $7,664.30 being assessed. CH-33-405 March 14, 1977 (Agreement Amend. - IEDA) IEDA has served as labor negotiator for the City for the past three years and has been exceptionally successfully and it is recommended that the Council adopt a resolution authorizing execution of the agreement for the 190 employees within the bargaining units. CM DAHLBACKA MOVED TO ADOPT A RESOLUTION AUTHORIZING EXECUTION OF THE AGREEMENT, SECONDED BY CM STALEY. Discussion followed concerning the possibility of having a staff person to conduct labor negotiations and the City Manager explained that it would cost a great deal of money to hire a staff person for this task; this is generally not done by cities the size of Liver- more but by cities about three times as large. The cost for this type of staff person would amount to amount four times as much as the City is now paying for the service. The Council also discussed the possibility of Livermore, Pleasanton and VCSD jointly hiring a negotiator and the comment was made that it is probably better to have an impartial agency participate in these types of negotiations. MOTION PASSED BY UNANIMOUS VOTE. RESOLUTION NO. 50-77 A RESOLUTION AUTHORIZING EXECUTION OF SECOND AMENDMENT TO AGREEMENT (Industiral Employers and Distributors Association) APPOINTMENT The Council unanimously appointed Paul Herman to the Airport Advisory Committee to fill the unexpired term of Mr. Bennett, until November, 1977. The name of Ernie Rodrigues was suggested for consideration of nomination to the Social Concerns Committee, and it was noted that appointments need to be made to the Housing Authority Board also. The Council then reviewed the Council representatives to various agencies and made selections of representative and alternates to these agencies and committees, as follows: ACAP-ACTEB - Cm Kamena delegate Cm Staley alternate ABAG - Mayor Tirsell delegate Cm Staley alternate Mayors' Conference - Mayor Tirsell delegate Cm Kamena alternate Mayors' Conference City Selection Committee - Mayor Tirsell delegate COVA - Cm Kamena delegate Cm Dahlbacka delegate Sister City Liaison - Cm Kamena delegate Cm Turner delegate Suggestion Committee - r1.ayor Tirsell CM-33-406 March 14, 1977 (Council Appointments) Solid Waste Management Board - Cm Dahlbacka representative Mayor Tirsell alternate Chamber of Commerce - Cm Turner delegate League of California Cities East Bay Division - Cm Staley Investment Committee - Mayor Tirsell League of California Cities Transportation Committee - Cm Staley LAVWMA - Joint Powers Mayor Tirsell delegate Cm Turner delegate Cm Dahlbacka alternate Cultural Arts Council - Cm Staley delegate Cm Dahlbacka alternate LARPD Liaison - Cm Dahlbacka delegate Cm Turner delegate Sand & Gravel - Mayor Tirsell delegate CONSENT CALENDAR Res. re PM 1984 (Manuel C. Rosa) The Council adopted a resolution approving Parcel Map 1984 (Manuel C. Rosa). RESOLUTION NO. 51-77 A RESOLUTION APPROVING PARCEL ~~P 1984 Report re Water Conservation A report concerning water conservation was submitted to the Council by the Parks and Trees Superintendent, for informational purposes. The Council indicated that the report was very informative and well written. Report re State Air Tanker Program A report was submitted by the Fire Chief concerning the possibility of air tanker protection for the Livermore area. It was noted that this report was also very informative and well written. Res. Denying Claim (Mark & Samuel Shikany) The Council adopted a resolution rejecting the claim of Mark David and Samuel David Shikany. RESOLUTION NO. 52-77 A RESOLUTION REJECTING THE CLAIH OF SAMUEL DAVID SHIKANY AND MARK DAVID SHIKANY. CM-33-407 March 14, 1977 APPROVAL OF CONSENT CALENDAR ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. ~mTTERS INITIATED BY THE STAFF (Planning Director) Mr. Parness asked that the Council approve, formally, a special order of business - confirmation of the recommended selection of Planning Director, in the interest of saving time. CM KAMENA MOVED TO APPROVE THE RECOW1ENDATION OF HOWARD W. NIES, AS PLANNING DIRECTOR, SECONDED BY CM STALEY, AND PASSED BY UNANI- ~OUS VOTE. RESOLUTION NO. 53-77 A RESOLUTION APPOINTING HOWARD W. NIES, PLANNING DIRECTOR, CITY OF LIVERMORE It was noted that Mr. Nies has agreed to beqin work for the City on April 11th. MATTERS INITIATED BY THE COUNCIL (Study re Fees) Cm Turner wondered how much time will be available for the study session relative to fees and Mr. Parness indicated that the Council instruction was to keep the agenda light for that evening and most of the meeting can be devoted to the discussion of fees. (Transportation) Cm Turner stated that he has arranged for a meeting with a neigh- boring city to discuss their recently developed transportation system which apparently has been successful - Union City. After he meets with their representatives he would like to have this as an agenda item to present his information and also to meet with the Transportation Committee to obtain their views. Cm Dahlbacka stated that he would like to have a decision by the November ballot time, as to whether or not the City should go to the voters to ask for a 6-7~ tax increase to pay for the costs of a transportation system within the City. Cm Turner and Cm Dahlbacka will be reporting back to the Council after speaking with other people about this item. Mr. Christmas commented that if a bus system cannot be self-support- ing the City shouldn't entertain the idea of establishing one. CM-33-408 r,1arch 14, 1977 INTRO. OF ORD. RE DESIGN REVIEN CO~U1ITTEE MEETINGS ON MOTION OF CM STALEY, SECONDED BY C'1 DAHLBACKA AND BY UNANHlOUS VOTE, THE ZONING ORDINANCE AMENDMENT RELATIVE TO DESIGN REVIEW COMMITTEE MEETINGS, WAS INTRODUCED AND READ BY TITLE ONLY. CITY MANAGER STATUS REPORT City Budget The annual City budgets have been transmitted to the Finance Dept. where they are undergoing tabulation. Insurance The City will probably be facing a heavy imposition relative to insurance costs, and the present carrier has not responded with information as to what the premium increase might be, nor have they indicated that they will insure the City the next year. The cost for the umbrella coverage may increase as much as 100% and the increase for the total bill may increase as much as 25%. Unfortunately, this is not something that is optional and is a cost that comes off the top of the City funds. First Street Overhead Projec~ The City is working very hard to find a Project Coordinator for the First Street Overhead Project. Hopefully the City will find a registered civil engineer who will be interested in the job. Airport Committee The Airport Committee has been meeting during the day, at noon, but because of the amount of work they are facing and because some of the members have business obligations, they are considering night meetings. Leahy Square A report from the Police Chief indicates that the problems at Leahy Square have greatly reduced, even in just the past month, and the Police Department is responding as soon as possible to calls and are trying to offer technical advice. Energy Conservation ACAP plans to fund an energy conservation project in the field of solar energy and a decision has been made to assign the project to Leahy Square. This is the only project of this type in Alameda County. Initially, the unit to be developed will be for the heating of water, only, and will serve from 8 to l5 dwelling units. CM-33-409 .. 1 March 14, 1977 Eucalyptus Grove Property The City was notified that the property at Murrieta and Stanley Boulevard would be sold to pay taxes and the City talked to Zone 7 about participating in the purchase since it would help with the parkway plan. The City did place a bid and received notice that the bid was awarded to the City. This item will be on the agenda for discussion, later. ADJOURmmNT There being no further Council business, the meeting was adjourned at ll:lO p.m. APPROVE Mayor ATTEST City Clerk Livermore, California Regular Meeting of March 21, 1977 A regular meeting of the Livermore City Council was held on March 21, 1977, 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 Councilmembers as well as those present in the audience, in the Pledge of Allegiance. GOVERNMENT DAY Prior to the Council meeting Mayor Tirsell explained that the City has been observing Government Day with students from Granada High participating by acting as members of the staff and Council, attending a staff meeting, and visiting the office of the staff person they are assigned to. They have reviewed the aqenda, held a "mock" Council meeting and voted on agenda items, and they are attending the Council meeting this evening. They will find out if the Council will vote on agenda items as they did this afternoon. CM-33-4l0 March 21, 1977 MINUTES - 3/7/77 ON r.10TION OF CH DAHLBACKA, SECONDED BY C~1 TURNER, AND BY UN.7\NIMOUS VOTE, THE MINUTES OF THE MEETING OF MARCH 7, 1977 AND THE ADJOURNED HEETINr; OF MARCH 3, 1977, HERE APPROVED, AS SUmUTTED. OPEN F'ORIP~ (re Springtown r;olf Course) Dick Lerche, 1561 Bluebell Court, stated that he has written a letter to the Council concerning the lease draft betvleen the City and the Springtown Association, which he hopes the Council has had the oppor- tunity to read. He spoke to the Council concerninq the draft and to some of the word- ing he feels to be incorrect, and would like to know why the City is interested in taking over the operation of the golf course. It was explained that the City considered selling the 0 golf course but the Council felt the Citv should try to reduce the deficits that occur in the operation and the City could not get anyone to manage the oneration vrithout the inclusion o~ a pro shone The agreement was brought to the City - the City did not go to the Snringtown Association, and the Association will be votinq on the agreement. The Council has not seen a final draft and it is not known at this point if the final draft will be adopted. The Association is free to give input concerning the agreement, and anyone who is interested is welcome to come to the Council meeting at the time the aqreement is reviewed by the Council to join in the discussion. (Curbside Mailboxes) Jim Byron, 2314 Farnsworth, stated that he would like to request that curbside mailboxes lift the design restrictions, as long as the mailboxes meet design anproval and post office location require- ments. Mr. Lee explained that the staff could possibly allow a design other than the approved standard design and if the design is quite unusual it could be referred to the Design Review Committee. It was noted that people have been ordering mailboxes from catalogues and they weren't aware there was a standard, so nerhans the matter should be scheduled for discussion as an agenda item. The Council concurred. ( LA ~JWT\1A ) Don Miller, 2862 Waverly ~vay, stated that he would like to address the LAVW~~ problem. If the City goes ahead with the pipeline it would mean $35 million in federal funds which ultimately may be a waste of money, and on the other hand if an alternate means of reclamation is selected it is with the risk of losing the $35 million, and cease and desist orders from the Regional Water Quality Board. It appears that it is a "no win" situation for public officials in which there are partisan views on both sides and for which a case can be made on both sides. Hr. Miller would propose placing the pipeline issue on the ballot as a bond issue, not a pay as you go, with notice that if the ballot measure is turned down it is clear notice by the public that they want the City to confront the Regional Board and risk the loss of $35 million, and work for a project which is better in principle. C~.~- 33-411 March 21, 1977 (re LAVWMA Project) It was noted that the LAmqMA Board meets Thursday, at which time the study and report from the engineers will be available. At that time a recommendation will be made to LAVWMA and it would be premature to take a Council position prior to hearing the recommendation. Anyone who is interested is welcome to attend the LAVWMA meet- ing on Thursday, at 7:00 p.m. at the Shannon Center in Dublin. It was mentioned that the public is interested in this matter and perhaps it would be best to go to the voters for advisement. At the present time the City is considering a pay as you go, or bond only, but there is also the alternative of whether people want the project or not. More information will be available by the time a decision must be made, including the recommendations for reclamation by the engineers. The Council agreed to wait to discuss the matter after the LAm~ meeting and after reviewing the engineering report. (CETA Priority List) Neal Riley, representing the Manpower Advisory Council, indicated that their group agreed with the priority list submitted to the County by the Council for CETA VI funding, with the exception of the part-time guards for Leahy Square. Funding for the Early Child- hood Program was listed in place of the part-time guards. It is his understanding that the people from Leahy Square asked that the part-time guard be removed from the list. COHMUNICATION RE 5 YEAR FAU PROGRAH The Council received a notice of public hearing by the Board of Supervisors, relative to the County of Alameda Five Year Federal Aid Urban Program, and the Dublin and Pleasanton five year program. Notice noted for filing. COMMUNICATION RE PG&E RATE INCREASE The City received notice that PG&E has filed a request with the PUC for a rate increase for the cost of electricity. A letter was also received from Roman Horkowski, 1987 DeVaca Way, protesting the proposed rate increase, (Item 2.4). Mr. Morkowski stated that he believes most of the American citizens have been conscientious about keeping thermostats down and trying to conserve energy, and a proposed rate increase by PG&E is the "thanks" people will get for trying to conserve. If people are using less gas and electricity it means less money to PG&E, so now they want to raise their rates. They will get a higher profit with less consumption. He indicated that he is on a fixed income and also has his mother living with him and the heat has to be a certain temperature for her. Mr. Cy Beebe, Manager of PG&E explained that Mr. Morkowski could take advantage of the lifeline rates, which he explained. CM-33-4l2 Tvtarch 21, 1977 (re PG&E Rates) The comment was made that one of the problems PG&E is facing is a drought situation and therefore we don't have hydro-electric power. The power is being supplied by gas and oil and the costs continue to rise. The PUC guarantees a certain rate of return to PG&E, and they are immune from the ravages of "mother nature". It would seem reasonable to ask the utilities to make a sacrifice when natural conditions are the cause, because everyone else is sacrificing. It was suggested that perhaos the Council could write to the PUC to ask for the justification in the guaranteed rate of return for the utilities and urge that they set a policy to eliminate sky- rocketing costs for the consumer to assure the utilities of their profit. It does not seem reasonable that the utilities should expect a constant return and they should also have to experience some ups and downs. Perhaps the PUC should be requested to advise PG&E to wait for the proposal of an increase, after nature returns to normal. Mr. Beebe explained that the cost of the fuel oil to replace the lack of water in the hydro plant, and the line coming down from Oregon and Washington, \'lill amount to $460 million, for the year. This amounts to four times the profit made by PG&E last year for the entire business. It is rather an inflexible situation. He also explained that the rate of return is based on the capital invested and is not guaranteed. PG&E has not been able to meet the rate of return in the last five years because of escalating costs and rate increases that were not granted in timely measure. They are far below the authorized rate of return. During the past years the hydro plant has been the main source of enerqy supply and now there is no water behind that dam. The staff was directed to write to the PUC to ask for the justifica- tion of the rate increase and that a ~otice of the justification be sent to the City. COTvt~1TJNICl\TION RE STREET PRIORITIES A letter was received from Supervisor Raymond, suggesting that the Council meet with the appropriate members of the County staff, trans- portation representatives from the Lab and the BART Director, and her, to discuss Livermore's proposed street priorities. The Council agreed to meet to discuss this item and asked the City Manager to check with the County to arrange the date for the meeting. Cmt'1UNICATION FROH ABAG RE DELEGATES RE ENV. r1ANAGEMENT PLAN A letter was received from ABAG asking that representatives be appointed to prepare plans relative to the Environmental Management Program. Plans will be produced to solve water quality, air quality, and solid waste problems and will include plans for surface runoff; industrial wastewater discharges; municipal wastewater discharqes; water conservation, etc. It was noted that the ABAG representative, Mayor Tirsell, will serve as the delegate and the alternate, Cm Staley, ~vill attend in her absence. Item noted for filing. CH-33-4l3 March 21, 1977 COHMUNICATION RE MASS TRANSPORTATION The City received a letter from Congressman Stark indicating that, regrettably, the National Mass Transportation Assistance Act cannot be applied to Livermore. He offered to keep Livermore in mind while watching the House action because he would like to see a local public transit service put into operation in Livermore. Letter noted for filing. COMMUNICATION RE CEASE & DESIST A letter was received from the California Reginal Water Quality Control Board which indicates that Livermore is only one agency in LAVWMA and without approval and support of LAm~m, the City may not be able to comply with the Cease and Desist Order time schedule. The letter further indicated that the order does not prohibit the City from issuing building permits but it does prohibit additional discharges to the City's sewer system. Item noted for filing. REPORT RE LIMITED PARKING - HILLCREST A letter was prepared by the Director of Public Works concerning limited parking for Hillcrest Avenue, adjacent to the Louis Shop- ping Center, which was discussed by the Council on February 28th. Mr. Lee recommended that prohibited parking not be extended north of the shopping center at this time, as it would not have a major impact on the overall safety conditions on Hillcrest Avenue. If prohibited parking is not extended north of the shopping cen- ter entrance, the limited parking would be justified, as was requested by a merchant of the Louis Shopping Center. The comment was made that if parking is restricted or limited on .t. h. e street it will mean that people... \dll p~ ~thC ,shopping C'ljintE'l:". ~ a.A/ ~~) ~ ~ ~ ~ a-li ~~. lR.K ~~J. ~ ~~ude _ The staff is recommending that the area north of the driveway to the end of the shopping center become a I-hour parking zone rather than all day parking, or having total restriction of parking. CM KAMENA MOVED TO ADOPT THE STAFF RECOW1ENDATION, SECONDED BY CM DAHLBACKA AND PASSED 3-1 (Cm Turner dissenting, Cm Staley abstaining from vote and discussion because of a conflict of interest) . P.C. REPORT RE REZONING APP. (Devany) ON MOTION OF 01 STALEY, SECONDED BY CH TURNER AND BY UNANIHOUS VOTE, THE COUNCIL SET A PUBLIC HEARING FOR APRIL 18, 1977, RE REZONING APPLICATION FROM THE DEVANY FAMILY CONCERNING PROPERTY LOCATED ON JUNCTION AVENUE. Cr--1-33-4l4 March 21, 1977 P.C. REPORT RE CUP APP. - AUTO RENTAL The Planning Commission has reported that a CUP application has been filed by National Car Rental Systems, to permit use of the existing service station located at 4186 East Avenue for an auto rental agency. The Planning Commission recommends approval of the requested CUP based on their five findings: 1. The site is adequate in size. 2. The site is served by streets adequate to carry the traffic. 3. If the use is temporary approval will not adversely affect the neighborhood. 4. The intended use is not in conflict with the General Plan. 5. Conditions imposed as conditions of approval are necessary to protect health, safety and general welfare and to make development orderly and efficient in conformance with the intent and purposes set forth in the General Plan. It was noted that a car rental existed at this site, and th~ permit has expired - it is essentially a reapplication for the use. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE CUP WAS APPROVED, AS RECO~~ENDED BY THE P.C. AND ACCORDING TO THE FINDINGS PRESENTED BY THE P.C. The resolution will appear on the Consent Calendar next week. P.C. REPORT RE REZONING The Planning Commission considered the referral by the Council relative to proposed rezoning of a parcel bounded by the City Limits on the west, Lassen Road on the north, and Springtown Boulevard on the east, and I-580 on the south, to CO Zone. The P.C. does recommend a change from their original proposal and would now recommend a CO-H District for this parcel and that the site not be zoned OS-UR. The City Attorney advised that another public hearing is not required, as the first hearing received adequate discussion. Action can be taken by the Council tonight. The Council discussed the recommendation and the comment was made that the P.C. has recommended the combining district of CO-H to allow broadening of the flexibility of commercial for that area. The OS-UR is designed for application to certain lands which cannot be easily zoned in a more difinitive urban use. CM DAHLBACKA r>lOVED TO ADOPT THE P. C. RECOHM.ENDATION TO REZONE THE PROPERTY TO CO- H , SECONDED BY O! TURNER, ~HTH THE N0TE THAT THE NEGATIVE DECLARATION WAS PREVIOUSLY ACCEPTED. MOTION PASSED BY UNANP~OUS VOTE. The staff was directed to prepare the ordinance amendment. P.C. MINUTES 3/1/77 The Planning Commission minutes for the meeting of ~1arch l, 1977, were noted for filing. CM-33-4l5 March 21, 1977 REPORT RE LIABILITY INSURANCE COVERAGE The City r1anager reported that liability insurance coverage for the succeeding year will result in an estimated premium cost in- crease of about 25%. This representas a raise in fund requirement from $180,000 to $245,000 for the year. The policy will provide liability limits ranging between $10.3 million and $ll million. Last year bids for insurance were solicited and the City received three responses. The newly negotiated premium cost is still $4,000 below the second bid submitted last year; therefore it is recommended that the Council adopt a motion authorizing the City insurance agent, E.E. Gene Moragn, to complete a negotiated liability insurance coverage consortium for the forthcoming year, effective March 25, 1977. ~1r. Nolan was asked if other bidders would have solicited bids if the City had selected insurance by bid process again this year and Mr. Nolan, the Finance Director, commented that he did speak with the second bidder of one year ago and they estimated that their increase for the premium would be about 15% and they were about $50,000 higher than Mr. Morgan's bid one year ago. He spoke with them prior to Star Insurance going bankrupt and he would assume that because of this their pre- miums would be even higher than their estimated 15% increase. Mr. Morgan reported on the all day seminar he attended with Mr. Nolan, regarding municipal insurance, and various types of insurance coverage discussed. He commented that the market has been explored, extensively, and a renresentative had to be sent to Chicago to receive confirmation of the coverage, because the company would not answer phone calls. This is the type of difficulty involved in trying to secure municipal coverages. Mr. ~1organ was asked if the coverage is the same, or if items were excluded or expanded and Mr. Morgan indicated that the only change is in the coverage for automobiles, airport and water company, and there is now $1,000 deductable, as he explained in his letter to the Council. He added that the policy contains the regular cancellation clause whereby the City may be notified of a 60 day cancellation if claims become excessive. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY, AND BY UNANIMOUS VOTE, THE COUNCIL AUTHORIZED THE CURRENT INSURANCE AGENT, E.E. GENE MORGAN, TO COMPLETE A NEGOTIATED LIABILITY INSURANCE COVERAGE CONSORTIUM FOR THE FORTHCOMING YEAR, EFFECTIVE 3/25/77. Mr. Morkowski stated that he would like to recommend that the City consider self-insurance. It was explained that the City is self-insured in some areas and now working on self-insurance for liability, with the help of Mr. Morgan. Mr. Morgan was asked if the Insurance Commissioner regulates the rates, and Mr. Morgan explained that he does not. Each company follows a rating procedure, as a guide. The comment was made that insurance companies are essentially the same as a utility, and the rates should be set after public hearings and with justification as to methods of rate setting. CM-33-4l6 ~1arch 21, 1977 (re Insurance Rates) The suggestion was made that the staff contact Assemblyman Mori to ask if this type of legislation could be introduced by him, and to allow Cm Staley, the representative at the League of California Cities, to ask if the Leaque would be interested in attempting to require legislation for public hearings on insurance rate setting. The Council asked that this item be placed on the agenda for discus- sion. RECESS ~1ayor Tirsell called for a brief recess, after which the Council meeting resumed with all members of the Council present. REPORT RE PRIVATE TAXI SERVICE The City Manager reported that letters inviting inquiries relative to private taxi service for the City of Livermore, were sent to about 25 private taxi firms in the Bay Area. The City received only one response from Doris and Floyd Taylor. The staff conducted a study of taxi rates last summer and the City Council authorized an increase in rates at that time. The orospective applicant has requested further consideration of rates and the staff recommends that the Council direct the staff to reconsider the proposed rates prior to issuance of a permit to the applicant. It was the consensus of the Council that the staff should restudy the proposed rate level, prior to issuance of a permit to the applicant, for taxi service in Livermore. Mr. Taylor explained that the reason they are asking for higher rates, is to offset the cost of their insurance coverage. REPORT RE SPECIAL TRANSPORTATION WITH CETA EMPLOYEES A report was prepared by the Assistant to the City Manager relative to the suggestion made by a local citizen that some of the CETA VI funds be used for special transportation purposes and operated by CETA employees. In conclusion, the report indicated that if CETA funds could be used to pay the personnel costs of the limited special transporta- tion program, the City may have to spend at least $22,000 for the bus and related equipment and an estimated $7,620 per year for operational and maintenance expenses. It is suggested that alterna- tive funding methods from both state and federal sources be investiga- ted. Jerry ~vilverding, 4886 Primrose Lane, thanked the staff for a copy of the report and for the information presented in the report but asked why there is no projection relative to income? b ox O/'<~, e=dq. Cf2.t~ It was explained that the fare bloc]{o for transit services are very low. The estimated ride cost for the system studied for our City by consultants amounted to $4.30 per ride and the City considered assessing a rate of about 25~. CM-33-4l7 March 21, 1977 (re Transportation) Mr. Wilverding felt the cost to develop a transportation system for the City is not that excessive and it would be a worthwhile expenditure. It was pointed out that out of the $1.51 the City gets on the tax rate, ll~ will go for insurance alone. It is easy to see that it would be difficult to get l~ or 2~ for transportation. Don Miller, 2862 Waverly Way, stated that he has been interested in transportation for Livermore for a long time and various trans- portation committees have pointed out the problems of maintaining a bus system once it begins. If there are no continuing dollars it is absolutely foolish to be committed to a system which has to be maintained in some way. The CETA funds will expire and there is no way the City can continue operations without a tax override. Mr. Wilverding has opposed all tax overrides as far as he can remember. Livermore needs transportation but it is not possible with the present tax base. Report was filed, no further discussion. REPORT RE HOLDING TANK STANDARDS The Council had requested that the Director of Public Works check the standards of Alameda County and the City of Pleasan- ton, for holding tanks, to determine if the standards are the same as Livermore's, and if they are not the Council would like to know the differences and the reasons for the differences. ~1r. Lee prepared a report on the City I S standards for holding tanks and included a comparison of these standards to the other two jurisdictions. The Council discussed the matter briefly and the comment was made that the holding tank design, material thickness and alarm system is different for each agency and Mr. Lee was asked about the cost differential and the reason for having standards which are different than the other t\'70 cities. Mr Lee indicated that he could not attach a cost to the differ- ences and he is not sure there would be much of a cost differ- ential. The City has chosen to allow the applicant to have some discretion and there are not strict standards for some of the items, such as the size of the tank and the material to be used. The Plumbing Code governs this type of thing and he is sure the City will get good tanks and maybe better than what is required by other cities. The matter was discussed briefly and Mr. Lee responded to questions concerning the concrete tank, and the item was noted for filing. DISCUSSION RE WATER CONSERVATION MEASURES Mr. Tieke, from Cal Water, was asked to discuss with the Council and for the information of the public, water conser- vation measures and the water kit available from Cal Water. CM-33-4l8 Harch 21, 1977 (re Water Conservation) Mr. Tieke commented that Cal Water has been distributing literature on water conservation measures and they have been offering free conservation kits to anyone interested. He added that he also has a list of plants which are drought resistant and this was published in their annual report to customers. News releases have been put out and they also have a film on water conservation entitled, "Water Follies", which depicts people unknowingly wasting water. Mr. Tieke then ran the film. Mr. Tieke stated that people can conserve water by running only a full load of dishes or laundry and that people should avoid running the faucets. He indicated that the month of January showed a 16% reduction in the amount of water used by the consumers, over last year, and a 2l% reduction in February, which indicates that people are trying to conserve. Mr. Tieke added that in the conservation kit is a dye tablet which goes into the toilet tank and if the toilet is not flushed and color goes into the toilet bowl people can tell there is a leak. A large amount of water is wasted because of leaky toilets. There are also shower head restrictors to cut the water from 10 gallons per minute to about 3.5 gallons per minute. It was suggested that perhaps some community organization might be interested in helping to distribute the conservation kits but Mr. Tieke indicated that everyone might not be interested in having a kit and this is the reason they are making them available for pickup at their office. Cal Water is very encouraged by the fact that the Public Works Department has cut do'~ on flooding the streets with water. Hr. Lee was asked if there are anv recommendations for industrial water users or if there are guidelines for them and ~r. Lee explained that Livermore does not have a large number of heavy water users and the cost of water for them is probably incentive enough. The large water user is Intel and they use recycled water. DISCUSSION RE SEX BIAS LANGUAGE It was noted that the Government Day students participated in discussion regarding sex bias language and the need to eliminate such sex bias in all communications emanating from the City Council and the staff. The American Society for Public Administration has published a document which sets forth guidelines for eliminating sex-biased language. The purpose of the guidelines is to eliminate sexist assumptions from meetings and publications and to encourage a greater freedom for all individuals to pursue their interests and realize their potentials. C~ KAMENA MOVED TO ADOPT A RESOLUTION ADOPTING GUIDELINES FOR ELDHNATING SEX-BIASED LANGUAGE IN ALL CO~1HUNICATIONS FRO~'1 THE CITY COUNCIL AND STAFF. MOTION SECONDED BY CM TURNER AND PASSED BY UNAND10US VOTE. The resolution will anpear on the Consent Calendar next week. CM-33-4l9 March 21, 1977 REPORT RE PURCHASE OF EUCALYPTUS GROVE PROPERTY Mr. Parness reported that the City was awarded the bid for the purchase of the eucalyptus grove property located at Murrieta and Stanley Boulevard for a total of $27,399.35. Part of this amount of money does pay for some of the delinquent assessments. The amount of taxes which have to be paid amount to $15,819.00; therefore the total price for the property is $43,218.00. Mr. Parness indicated that it would be appropriate for the City to contact Zone 7 to find out if they would agree to some type of financial assistance since it was inferred that they would be willing to assist the City. CM KAMENA MOVED TO DIRECT THE STAFF TO CONTACT ZONE 7 RELATIVE TO FINANCIAL ASSISTANCE, SECONDED BY CM STALEY, AND PASSED BY UNANIMOUS VOTE. CONSENT CALENDAR Departmental Reports The following Departmental reports were submitted for informational purposes: Airport Activity - February Horizons - Quarterly Progress Report Mosquito Abatement District - January Municipal Court - February Police and Pound Departments - January and February Water Reclamation Plant - January and February Res. Auth. Const. Bid Solicitation The Council adopted a resolution authorizing construction bid solicitation for the First Street Overhead project to be re- ceived on April 15th and awarded by the City Council on April 18th. RESOLUTION NO. 54-77 A RESOLUTION AUTHORIZING SOLICITATION OF BIDS (East First Street Overhead) Res. - Appt. to Airport A.dvisory The Council adopted a resolution appointing Paul Herman to the Airport Advisory Committee. RESOLUTION NO. 55-77 A RESOLUTION APPOINTING MEMBER TO AIRPORT ADVISORY COWUTTEE (Paul Herman) Res. Rej. Claim A resolution was adopted rejecting the claim of Joseph Afonso for Tony Afonso. RESOLUTION NO. 56-77 A RESOLUTION REJECTING THE CLAH1 OF JOSEPH AFONSO FOR TONY AFONSO, A MINOR CM-33-420 r.1arch 21, 1977 Warrant Register Dated ~1arch 14 There were 188 warrants in the amount of $288,423.62, and 280 payroll claims in the amount of $l03,026.7l, for a total of $391,450.33, dated March 14, 1977, and approved by the City ~1anager. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM STALEY f SECONDED BY CM TURNER, AND BY UNANDlOUS VOTE, THE CONSENT CALENDAR 'vAS APPROVED. ~~TTERS INITIATED BY THE STAFF (Sister City Dinner) The City Clerk reminded the Council of the Yotsukaido, Japan, Sister City Dinner which the Councilmembers have been invited to attend. If anyone plans to attend they should notify her if they haven't already made reservations. (Soccer Game Challenge) The City Manager reminded the Council that the soccer game challenge has been scheduled for Saturday, March 26th. He reported on the equipment that will be needed and that a first-aid station will be convenient with qualified attendants. ~mTTERS INITIATED BY THE COUNCIL (A-frame Realty Signs) Cm Turner reported that there have been complaints about the weekend A-frame signs used by realty offices for advertising, which has been attributed to the local realtors. Over the weekend he drove around observing the signs and discovered that the P1easanton realtors are using the signs, in violation of the City's ordinance, and that the local realtors have the signs set back properly. em Turner would suggest that the staff contact Red Carpet Realty and Allied Realty, from Pleasanton, and ask if they are aware of the City's ordinance and whether or not they have a business license to conduct business in Livermore. Mayor Tirsell stated that she spoke with Mary Stullich of Valley Realty and it seems there has been a misunderstanding over the signs in that ~1ary thought she could get permission from property owners up and do,VTI the street to place signs on their property, but this isn't what is allowed in the ordinance. The staff was directed to send a coPY of the ordinance to Mary Stullich, of Valley Realty, in Livermore. The realtors are trying to work within the law but they need to know what the ordinance says. (Plant Expansion) Cm Kamena asked when the sewer plant expansion application will be considered, and before what body, and Mr. Parness commented that it is to be considered in April by the State Board. CH-33-42l March 21, 1977 (Insurance) Cm Staley commented that the Council will be discussing, as an agenda item, the matter of insurance rates. He would like to have a copy of the current regulatory structure for insurance companies, and what insurance companies do in terms of rate setting, if such information is available in pamphlet form. In talking with professional people he has found that insurance agents' insurance has increased 500% and insurance for attorneys has increased by 1,000%. It is time that the public has some in- formation as to how the rates are set. Mr. Parness indicated that it may take some time to get the infor- mation from the state (Assemblyman Mori and Senator Holmdahl) but the matter will be placed on the agenda as soon as the information is available. (LAVWMA Meeting) Mayor Tirsell noted that the LAVWMA meeting will take place at 7:00 p.m. at the Shannon Center in Dublin. (Cultural Arts Council Rep.) Mayor Tirsell stated that at the last meeting, Cm Staley was elected as the representative to the Cultural Arts Council, with Cm Turner as the alternate. In speaking with the Chairperson, she was informed that the representative is allowed to serve for two years and perhaps Cm Kamena should be given the opportunity to serve a second year as the representative. MAYOR TIRSELL MOVED THAT CM KA~A:F.NA REMAIN AS THE REPRESENTATIVE ON THE CULTURAL ARTS COUNCIL MOTION SECONDED BY CM STALEY (Staff Thanks) WITH CM ~ AS THE ALTERNATE. AND PASSEDVSYUNANIMOUS VOTE. l><C-ktb~cl<.a...~ &-I< ~w~k- Mayor Tirsell thanked the staff for participating in Government Day, and added that many people complain about the staff without knowing anything about the City or how it works, nor how much work is done by the staff. Hopefully, the City has produced 30 advocates for the City, today. She heard comments from the students to the effect that they were totally unaware of the scope of things considered by the staff and Council as well as the efficiency and problems faced. She thanked the staff for being kind to the students and for being frank with them and for the good discussions which were held. (Solid ''Jaste) Cm Dahlbacka reported that the Facilities Plan was adopted at the Solid Waste Management Board meeting, which included the Altamont dump site. The cities of Livermore and Berkeley were the only two cities who voted against the plan. Other cities were opposed to the dump site but did not vote against the plan in the final vote. Cr-1-33-422 'v1arch 21, 1977 (re Solid 1.vaste) The next step in the process is that the State Board will convene a group of people who are from Southern California, to review the Facilities Plan and he would suggest that the City write a letter to the State Board stating our position on the Facilities Plan. The Board will be convened in April and they should be notified that the City opposes the Plan which is counter to the overall plan which calls for the nonproliferation of new dump sites. (League Delegates) Cm Turner commented that at the last meeting Cm Staley was selected as the delegate to the League of California Cities, East Bay Division, and he would like to serve as the alternate. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, CH TURNER WAS SELECTED AS THE ALTERNATE TO THE LEAGUE OF CALIFORNIA CITIES, EAST BAY DIVISION. ADJOURNMENT Mayor Tirsell adjourned the meeting at lO:30 p.m. to an executive session to discuss legal matters and then to an adjourned meeting on March 24, 1977, at 7:00 p.M., at the Shannon Center in Dublin, to diSCUSS~' APPROVE . ~Yl ATTEST Adjourned Regular Meeting of March 24, 1977 An adjourned regular meeting of the City Council of the City of Livermore was held on Thursday, March 24, at 7:00 p.m. at the Shannon Center in Dublin, California. Present: l\bsent: Cm Dahlbacka, Kamena, Turner, Staley and Mayor Tirsell None The purpose of the meeting was to discuss the LAVVmA project and members of the Council were present during portions of the meeting. The meeting adjourned at 10:l5 p.m. _I, ~ APPROVE~'Y'-_Tll-M.~ Mayor ATTEST~~~L . RL City Clerk rmc>re, California CM-33-423 Regular Meeting of March 28, 1977 A regular meeting of the Livermore City Council was held on March 28, 1977, 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: em Kamena, Turner, Staley and Mayor Tirsell Absent: Cm Dahlbacka (Excused Business) PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. MINUTES - 3/8/77 and 3/14/77 ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETINGS OF MARCH 8, 1977, AND MARCH 14, 1977, WERE APPROVED AS SUBMITTED. OPEN FORUM (City Gov't Day) Chris Watchmaker, 777 Mayview Way, stated that on behalf of the students from Granada High who participated in City Government Day with the City staff, he would like to thank the Council and staff for making the special day possible and for the experience of visiting for a day. They appreciated the time and effort on the part of the staff and would hope that the program will continue. (Soccerthon) The mayor commented that three of the Councilmembers participated in the Soccerthon on Saturday which ended in a tied game. (Insurance Rates) Roman Morkowski, 1987 DeVaca Way, commented on the insurance rates for the City. He believes there should be some regulation on rates charged by insurance companies and that the City's tax base is being lost because money is going towards insurance premiums when they could be going towards the cost of additional police or fire personnel. He added that he would like the Council to request that the state and federal governments hold a public hearing in Livermore regarding how corporate interests affect the City of Livermore. (Airport Commission) Ray Faltings, 1018 Via Granada, thanked the Councilmembers for nominating a non-flyer, to the Airport Commission. He would like to ask that the Council try to elect one person who is not involved and to act as a stabling influence on other community committies. CM-33-424 ..",:'," ""<;.,',." '\. ....- ~f>J~ \~7 ..,e.. f\S/rh ~ . . Q.~ . /'.. ~,~ /' ,.- ~"\" LAVWMA Minutes of Meeting March 24, 1977 Determination of Quorum The meeting was called to order by Chairman Phi1cox at 7:10 PM at Shannon Park Community Center, Dublin. Board members present: Euler, Ladner, Mercer, Phi1cox, Tirse11, Turner. Others present: Davis, Bradford, Scheidig, Morrison, Bodnar, Wheeler, Johnson, Anders, Singer, Ko1b, Ryan, Parness, Dah1backa, Jolley, Fahey, LeClaire, Hyde, Jolley, Herlihy, Staley, Ryon, Sanders, Lenahan, Mar, Soranson, Tu11, Caudill, J. Harding, B. Harding, Hanson, Lance, Cox, Carlson, Canapary, Cauble, Boer, Kidder. Approval of Minutes The minutes of the meetings of February 25 and March 3, 1977, were approved as submitted. Approval of Warrants and Financial Statement The Board approved the warrants and financial statement as submitted. It was moved by Turner, seconded by Mercer and passed 6-0 to authorize the Chairman to sign the Step 2 grant offer from the State Water Resources Control Board to fund the design of common elements of treatment facilities within the Va 11 ey . Legal Consultant Committee Chairman Phi1cox appointed himself, Ladner and Tirsell to serve as a committee to review applications and interview applicants for the position of legal coun- sel to the LAVWMA Board. Davis reported that six candidates have expressed an interest in the position. Voter Attitude Survey It was moved by Tirse11, seconded by Ladner and passed 6-0 to table consider- ation of the voter attitude survey report until a later meeting. Engineer's Report Chairman Phi1cox then requested the report from the engineering firm of CH2M- HILL. Harding introduced members of the firm who had conducted key portions of the study and indicated charts that would be used to clarify the presentation. Hanson summarized the reclamation studies and pointed to the costs for the various amounts of treatment of different levels of impurities. He emphasized that the Valley is a closed basin and that some way of exporting salts would have to be devised to avoid continuing degradation of the groundwater. He reported that demineralization would be necessary and that present knowledge favors demineralizing the source water rather than the waste water as being the most cost effective. Lance reported on various plans studied for reusing the water in the Valley. He said the effluent was satisfactory for ground application and that suffi- cient land was available, both agricultural and public, for total reuse. How- ever, he reported that farmers contacted during the study, while interested in using effluent for irrigation, were not willing to sign contracts to commit their land to agricultural purposes on a long-term basis. Also, they would only need the effluent during certain times of the year and not at all during the rainy season, which would necessitate acquiring land for storage. He also recommended that LAVWMA acquire land, either by purchase or lease, on which to use the effluent for irrigation. Some of this land, if sub-leased for agri- culture, could provide a profit to help pay for a pipeline to export the brine. Harding then reviewed the various export routes for a pipeline, and Hanson compared their costs. Of all the alternatives studied, 01B, the Boehmer Summit route with the same amount of reclamation now being carried out in the Valley, proved to be the most cost effective. This was the same route proposed last year by the previous firm of engineering consultants. Harding said the route down Niles Canyon had numerous restrictions placed on it by Ca1trans that made labor costs very high. The Sui sun Bay route, while easi- est to clear a right-of-way because a railroad ran almost the entire route, was by far the longest, the right-of-way cost demands by Southern Pacific were very high, and the feasibility and cost of a buy-in with Central Contra Costa Sanitary District's facility were unknown. The conclusion was that the Boehmer Summit route, and a tie-in with the EBDA interceptor at the Oro Lorna pump station, even with its high energy costs, was most cost effective. Comments by the Board Tirsell requested that the charts be duplicated and made available to the press and interested citizens. , f Philcox congratulated CH2M-HILL on its work and announced that no decision would be reached until the individual councils, whose members were in atten- dance, had a chance to review the' information. Ladner asked if operation and maintenance costs were included in the cost of the EBOA tie-in. Hanson confirmed that they were. Tirsell asked for com- parison of energy costs of the Boehmer Summit route versus Sui sun Bay with and without denitrification treatment. Cox responded that energy costs for Boehmer Summit were about two and one-half times that needed for the Sui sun Bay route with secondary treatment, but tertiary treatment would bring the costs for the two alternatives into close proximity. Mercer asked if information on the costs of adding industrial increments had been prepared. Harding said it was in the report. Euler asked why the land at Los Positas, which already has a high TDS level in its groundwater, was eliminated. Carlson responded that there is some movement of groundwater, and an overloading would tend to cause salts to become mobile and move into highly used aquifers. Ryon of Zone 7 asked why agricultural runoff could not be allowed to drain into Alameda Creek. Lance replied that there was no natural outflow of salts from the Valley and that the salts would percolate into the groundwater. Mercer asked if demineralization costs were grant fundable. Harding said they apparently were not for a large-scale project. Jolley of the VCSD Board asked why the need to export the small amount of brine left after total reclamation. Harding replied that the cost of evap- oration was greater than the cost of an export pipeline. Cox added that solar evaporation would require about 2000 acres and that low pressure spray facil- ities had major operating problems, mainly due to accumulation of scales. Fahey of VCSD asked if right-of-way costs were associated with the Boehmer Summit route. Harding replied that there were such costs involved for all the routes. Bodnar added that land costs were not grant-eligible. Ladner requested Bodnar to have cost figures available to the community coun- cils at their Monday night meeti~gs. Euler asked if the federal share of construction grants could be received in advance. Bodnar said no, only the state share might be advanced. Wheeler said the SWRCB staff would make the request at the April Board meeting and he expected a favorable response. Environmental Impact Report Sanders briefly presented the URS report on environmental impacts of the various alternative routes. He reported greater concern about the Niles Canyon route and indicated the Boehmer Summit and Sui sun Bay routes were somewhat similar in the degree of disturbance they would cause, although there was some uncertainty about the problems that might be created by an outfall in Suisun Bay. SWRCB Position Wheeler reviewed the State Board's position. He said they were concerned about cost effectiveness, but also with the environmental and social impacts. He said the main purpose of the Clean Water Grants Program is water pollution con- trol, not reclamation, although the State is interested in reclamation. He said demineralization is not considered a part of the project for grant support. He recommended that the South Bay alternative be avoided because time-consuming predesign studies would be required that might take as much as a year or more to complete, and also there was the possibility of political or legal challenges. He said a Niles Canyon route would require a tie-in with EBDA, and the require- ments for a tie-in at that point were unknown. As for Suisun Bay, the discharge requirements in the future were unknown. Pre- sent requirements only call for secondary treatment and that is all that would be supported by grant funds. Should the requirements be increased in the future to a tertiary level of treatment, those costs would be grant-eligible assuming there were still grant funds available at that time. It is the State's position that the Niles Canyon route tie-in with EBDA, the Boehmer Summit route and the Sui sun Bay route are about equal in cost effec- tiveness. Philcox expressed his appreciation to Wheeler for his cooperation throughout the process of project selection. Public Comments Tull asked why demineralization was not grant fundable. Wheeler replied that it was not cost effective. Kidder expressed concern about the basis for the conclusion that reclaimed water would degrade the groundwater. Davis pointed out that of the three discharge locations under consideration, the EBDA outfall provided the best characteristics. Arrangement for Next Meeting Philcox announced that each of the three community governing boards would meet Monday or Tuesday to consider the proposed projects and would then adjourn as a body to the next LAVWMA meeting. He set the date for the next meeting for Wednesday, March 30, at 7:00 PM at the Shannon Park Community Center in Dublin. Adjournment The meeting was adjourned at 10:05 PM. March 28, 1977 (re Leonard Property) Paul Tull, 2243 Linden Street, spoke to the Council concerning the Elba Leonard property, and a decision that was reached on June 7, 1976, to change the alignment of Railroad Avenue and to condemn the Leonard property. Since the decision was recent, and since it is a discriminatory decision, and since plans prior to this time were to go in the other direction, he would like to request that the Council reconsider the action against Mr. Leonard, and remove the action. The comment was made that Mr. Leonard has obtained legal counsel and the Council will, therefore, not discuss this matter. (LAVWMA Pipeline) Jerry Wilverding, 4886 Primrose Lane, stated that the American Taxpayers Union abstained from an organized pro or con statement relative to the LAVWMA sewer pipeline issue on the ballot in November. They have had the opportunity to become better informed on the matter, since that time, and they still have not formulated an official stance concerning this measure. They would like to invite the Council to attend a meeting on April 21, to address the Union and to express the Council position and the reasons for the position. COMMUNICATION RE SEWER CONNECTION REQUEST (J. N. Smith - realtor) A letter was received from J. N. Smith, realtor, requesting that property located at 2642 Las positas Road, Livermore, be allowed a sewer connection. His office has someone who is interested in purchasing the acreage and who would like to build a home and a barn. Since the property is within 200 ft. of the City's sewer line, the property is required to connect to the City system. According to Council policy, a sewer connection cannot be made for the property. The comment was made that it is not clear if the application is for a residential use or for commercial use, such as raising horses. The City policy allows for extension of sewage facilities for prop- erties in the County if it is a commercial or industrial use. Mr. Smith explained that they are requesting one sewer connection for a house to be built on the property. The GWner will be raising horses and this may be classified as a commercial use. It was explained that when the City reached near capacity in the sewer treatment plant, the Council adopted a policy relative to sewer connections. The connections are reserved for industrial and commercial development as well as residential lots of record. Mr. Smith was advised to apply for a septic tank permit with the County. CM TURNER MOVED TO DENY THE REQUEST FOR CONNECTION, WITH DIRECTION TO THE DIRECTOR OF COMMUNITY DEVELOPMENT, TO CORRESPOND WITH MR. SMITH AND TO OUTLINE COUNCIL POLICY, TAKING INTO ACCOUNT THE COMMENT MADE ABOVE. MOTION SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. CM-33-425 March 28, 1977 COMMUNICATION RE SEPTIC TANK PERMITS A letter was received from Zone 7, requesting that they be included in the approval process for the issuance of septic tank permits within the Zone 7 area. The comment was made that apparently the County is not allowing Zone 7 to review septic tank permits or to allow them input, and it is not the City that is issuing septic tank permits. CM STALEY MOVED TO REFER SEPTIC TANK PERMITS TO ZONE 7 FOR COMMENT ONLY, SECONDED BY CM TURNER AND PASSED BY UNANIMOUS VOTE. COMMUNICATION RE PROPERTY TAX RELIEF A letter was received from the League of California Cities concerning property tax relief measures. Legislators have heard from the League about property tax relief and the League believes it would be helpful if city councilmembers would con- tact their Assemblyman. Letter noted for filing and the Council will continue to study property tax relief measures. BULLETIN FROM SOLID WASTE MANAGEMENT BD. The City received a bulletin from the State Solid Waste Manage- ment Board reminding all cities and counties that July 1, 1977, is the deadline for the designation of a local solid waste manage- ment enforcement agency. Item noted for filing. COMMUNICATION RE SPRINGTOWN GOLF COURSE A letter was received from Richard A. Lerche, Robert L. Ringer, and Howard N. Pabst, requesting that the City continue the oper- ation and maintenance of the Springtown Golf Course, but the lease draft agreement between the City and the Springtown Association deprives them of the use and control of 75% of the land, parking lot and arts and crafts building, and that other alternatives should be considered. Mr. Lerche stated that he would like the Council to direct the staff to investigate some alternatives and that he and some of the other people from Springtown would like to work with the staff on some of the alternatives. It was explained that the staff did investigate alternatives in June, July and August. Unfortunately, Mr. Lerche didn't get in on the discussions at that time. It was mentioned that when a final draft comes to the Council from the Association, there will be sufficient time for input from the citizens. CM-33-426 March 28, 1977 CONTINUED DISCUSSION RE LAVWMA PROJECT The Council must make a decision as to what they wish to support in the way of a LAVWMA cost effective project, so that Cm Turner and Mayor Tirsell, the LAVWMA representatives, can vote on Thursday night at the LAVWMA meeting. The secondary and addendum work for the Niles route and Sui sun route has been done. If one of these is chosen, an addendum EIS still must be done for the primary impact. It was mentioned that the bond counsel has prepared a report on pay as you go figures, for disucsion this evening. The Council discussed some of the alternatives and a representative from the engineering firm of Stone & Youngberg explained that nominal reuse includes the amount the City is using at present and the total export would mean the total export of everything. The report from the consultants outlined twelve project alternatives in terms of pipeline routes (Boehmer, Niles Canyon and Suisun Bay), and the four reuse alternatives (0, E" H, and RS), for Stage 1 and stage 2 facilities. The highest cost alternative which includes the outfall and the diffuser in the Sui sun Bay is the one for which the Council has the costs. If there is a chance to buy into Central San, the costs could be reduced but there was a question as to whether or not the buy-in costs would be grant eligible. There is still some question as to whether nitrification and denitrification will be imposed and if they are required they would have to be done regardless of whether the City goes with' its own outfall and d~user or goes with Central San because Central San does not do this. Central San has facilities for a certain amount of flow that can be nitrified and denitrified. South Lake Tahoe has had tertiary treatment imposed on them for a number of years and nitrification and denitrification is a type of tertiary treatment. Mr. Harding commented that they feel there is a discrepancy in the figures with respect to the cost of the initial capital which should amount to about $800,000 rather than $3 million. The figures are related to the land that is owned by Southern Pacific Railroad and must be condemned for the project, and whether the property was a land grant to the railroad or owned by the railroad, in fee. The City Attorney explained some of the problems that might be involved in condemning the S.P. right-of-way and cautioned that the Council should consider a high figure when speaking of con- demning any land. In answer to questions, Mr. Harding explained that the Suisun route would require an EIS amendment which would have to be ready by August 1. It would have to be approved by the state to qualify for funding. The August 1st date would include the review time by the EPA, as well as public hearings, and approval from the state. The Manager from Contra Costa who opposed the Suisun route did not take the position to the board. There will be a new Manager for Contra Costa on April 1st, so their position is still open. It was noted that the right-of-way for the Boehmer Summit is not grant fundable which has been estimated at $500,000 for the land and the right-of-way. CM-33-427 March 28, 1977 (re LAVWMA) Mr. Harding indicated that they believe the cost increases of 7% - 7.5% per year are realistic and they do not expect the sharp increase in energy costs as was recently experienced be- cause of the oil embargo, etc. About half of the operational costs, per year, are energy costs. If the Council selects a certain project and the state decides it will not be acceptable, LAVWMA may have time to select another project. At this time Congress is acting upon legislation to extend the federal funding on the basis of two years at $4.5 billion per year. It is anticipated that this will pass and the results should be known in about 60 days. Ernie Bodnar, of Stone & Youngberg, explained that there are 12 project alternatives under review and consideration with three pipeline routes as alternatives and within each of the three pipeline routes are various levels of water reuse and reclamation. Funding options have been shown for the 12 projects. The options are: 1) cash basis for which no bonds would be issued; 2) minimal bonds to be issued with service charge increases or connection fees, etc., to meet the preconstruct ion and construction period cash flow needs; 3) minimal cash contribution for preconstruction and construction period with a maximum amount of bonds to be issued. Mr. Bodner then reviewed, in detail, the basic assumptions used in developing the fi- nancing plan options, which were grouped into three basic categories: 1) export facilities; 2) reuse facilities; and 3) demineralization facilities. It is assumed from the comments made by Mr. Wheeler, that only the export facilities would be grant funded and that the other two would not be grant funded. The consultants have assumed that 90% of the state's 12.5% grant would be offered to LAVWMA prior to the time of construction and at the time of the con- struction an additional 5% of the 12.5% would be forthcoming. It is assumed that federal grant funds, during the construction, would begin the second month of construction and would continue each month until 95% of the federal obligation has been met, and after auditing, the remainder of the federal and state funds would be forthcoming. LAVWMA will have two months lead time, following the November election and prior to construction, within which to meet con- struction starting costs (design, and planned right-of-way acquisition) which will not be covered by the state's grant advance. In terms of arriving at estimated cost per dwelling unit, an estimate of 30,000 was used throughout the valley and 35,000 for 1985 - the midpoint, during which time the reuse and demineralization facilities might be built, and 40,000 dwelling units equivalent for 1990. The dwelling unit equivalent cost figures are based on spreading the costs on a valley-wide basis, because they do not have the detail of the various facility configurations to make cost allocations among the three member agencies. Mr. Bodnar commented that with the higher stage of demineral- ization and reuse alternatives, there is a substantial increase in dwelling unit equivalents, regardless of the funding option involved, particularly if it is to be done on a cash basis. The low cost alternative is a $9/month service charge increase during the construction period for the Boehmer "0" Alternative; and $16/month for the "E" Water Reuse Alternative. The projects were rated from the lowest in cost, respectively: l) Boehmer Summit; 2) Niles Canyon; and 3) Suisun Bay. CM-33-428 March 28, 1977 (re LAVWMA Project) It was noted that in the Boehmer Summit route, there is no amount shown under the Maximum Bond Sales alternative during the precon- struction and construction periods, but $13.55 is shown for the Suisun route during the preconstruction. Mr. Bodner explained that this is because of design costs and acquisition of land costs. There is greater funding coming from the state for the Boehmer route and this would meet the preconstruction costs. He explained the difference, in detail. It was mentioned that if the Sui sun land acquisition costs were reduced, substantially, or could be stretched over a period of time, it would be more equivalent to the other two project alternatives listed. Mr. Morkowski stated that as he understands it, the railroad company wants $3.5 million from LAVWMA for the pipeline to be located along the railroad right-of-way from the Valley to Sui sun Bay. The Mayor indicated that this is correct and Mr. Markowski stated that he feels this is ridiculous and that something should be done about it. 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 LAVWMA ALTERNATIVES CM TURNER MOVED TO SUPPORT THE BOEm1ER SUMMIT ROUTE, BASED ON THE COST ESTIHATES. IT IS THE MOST ECONOMICAL AND COST EFFECTIVE PROJECT, ACCORDING TO THE INFOR~TION CONTAINED IN THE ENGINEERING REPORT. (BOEHMER "0" PRO,TECT) MOTION SECONDED BY MAYOR TIRSELL. The argument was made that initially the Boehmer Summit route is the least expensive; however, in the long run the energy costs on a pay as you go drop to 6l~/month on Suisun, and on Boehmer they are $1.05/month. In 1990, Boehmer goes to $l.52/month and Suisun is estimated at 85~. On the bond issues Boehmer is more expensive in 1980 but less expensive in 1990. The figures seem to be relatively close by 1990, but the decrease in favor of Suisun. Boehmer is the higher energy cost project; therefore the cost increases are likely to increase rather than decrease in the estimates and the descrepancy will get larger rather than smaller at that point. Secondly, the tie-in to the EBDA line has not been discussed and it would seem that a route not shared by other juris- dictions would be an advantage - this route would be the Suisun. Another viewpoint was expressed indicating that while the Suisun route may have a total capitalized cost of $43,000,000 as opposed to the Boehmer route of $38,000,000, with a $5 million difference, the Suisun route can be reduced based on the comments from the engineer that right-of-way costs will probably be down from $3 million to $800,000. If the later estimate is correct, the costs will be rela- tively equalized after approximately lO years of use becuase of the difference in energy costs between Suisun and Boehmer. It was mentioned that some of the statement above is tions and the Council should really deal with facts. should consider the possibility of being required to treatment if the Suisun route is adopted. based on assump- The Council go to tertiary CM-33-429 March 28, 1977 (re LAVWMA Project) Mr. Parness interjected that one of the state board staff members made the comment that the Suisun Bay disposal standards will be revised within a five year period and that the standards to the EBDA interconnection will most likely not be revised. Mr. Harding was asked if any energy is involved from Pleasanton to Dublin, and if so, how the energy costs are proportioned throughout the various jurisdictions. Mr. Harding replied that the interceptors are gravity and the distribution would be based on how much effluent gets there from each of the three jurisdictions. He clarified that with respect to the cost of the railroad right-of-way, the cost estimate is based upon the opinion of the consultants and the cost of land in the area. The railroad stated they want $3.5 million and there is no way of knowing how much they will come down from what they are asking. Dick Ryon, 1183 Glenwood Court, requested that the Council post- pone a decision. The decision seems to be based on the salt problems in the Valley, and if this weren't a problem the City probably would not be considering an export pipeline. The geology and groundwater situation is very complicated for the Valley and the City should be very careful about making conclusions based on the salt balance and the cost of taking care of that prob- len, and that the conclusions are really valid. Ray Faltings, 1018 Via Granada, stated that he submitted a letter to the Council and to VCSD and wondered if it was negated in the process of the three projects being considered this evening. It was explained that if the Council were going to be considering the Niles Canyon route, it would have been given to the engineers for consideration. The Niles Route is not a route being discussed thus far. Mr. Faltings stated that he would like to mention the possibility of an open conduit vs. a closed pipeline, as a possible factor in considering the Niles Canyon route. ~_ ~A).I.L~~~~ Mr. Bodaaf commented thit concreting portions of the Alameda Creek had been discussed, as was proposed by Mr. Falting in his letter to the Council, but people did not want any distur- bance of the trees and the natural habitat and it would be extremely difficult to do something as suggested by Mr. Faltings without interruption of the natural habitat, etc. Permits would be required from the court, Fish and Game, and many other agencies. Mr. Bodner stated that he would estimate that the $43.86/month under the "0" Suisun project. would be reduced to $12.86/month if the land acquisition is reduced to $1 million rather than the $3.5 million asked by the railroad. The buy-in to Central San would not be grant fundable, nor would the M&O be grant fund- able. The extension of the IS Suisun alternate, including the diffuser, would be 87.5% grant fundable. The figures were cal- culated with the City going on its own because it is not known what it would cost to go to Central San, or whether or not there could be an agreement to go to Central San. He wrote to the EPA asking if there would be time for an amended EIR and they indicated that there is time to submit and receive approval of the amendment if there is no controversy or unexpected circumstances involved. CM-33-430 March 28, 1977 (re LAVWMA Project) Mr. Bradford emphasized that the EIS amendment must be completed by the 1st of August, predicated on the basis that the design going to lS;or Niles Canyon, would be done as a "'preliminary design"', under Step 1 monies. The EIS amendment would have to be completed in order that the Step 2 grant offer could be made, and thereby go into final design. Don Miller, 2862 Waverly, commented that there has been no oppor- tunity for public consideration of this matter - the reports are essentially unavailable to the public. Both the engineering report and the cost were submitted to the Council just this evening and the Council has not had an opportunity to reflect and consider the implications of costs. Perhaps it would be hasty action on the part of the Council to make any kind of decision this evening. Alternate lAD was eliminated too early, in his opinion, because San Jose is supposed to discharge in the same general area that AD is in and much of the work with respect to analyzing what type of difussion is needed, must have been done by the South Bay Dis- chargers because the project has been worked on for a long time. It seems that it would be worthwhile to investigate this possibility and it might mean that the East Bay Dischargers would not have to be dealt with. The costs for lB and lE are not fully counted and the increases in the future in the 0 and M from East Bay Dischargers, can be very large. In his opinion, any connection with the East Bay Dischargers is a dangerous connection. If he were making a choice he would select lAD, IS, and lB, in that order. Lastly, he feels the voters should have the option to say yes they will support a pipeline, or no and they are willing to challenge the Regional Board at a risk of $35 - $40 million, and he would suggest consider- ation of a mail ballot. He urged that whatever choice the Council makes, that they not select an oversized pipe for residential and commercial growth. Paul Tull, 2243 Linden Street, commented that Central San has been expanded to handle 27 MGD which requires nitrification and denitrification. In the process the effluent goes through a final sedimentation which provides nutrient free, clear water. The nu- trients are basically the nitrates and phosphates which leaves the fluorides that can be dumped into the bay, in Suisun. The State Regional Water Quality Control Board has set standards which will require denitrification of anything going into Suisun Bay. Mr. Tull added that Gil Wheeler has indicated that certain treat- ment will not be state fundable and Mr. Tull would like an explana- tion of that position. Jerry Wilverding, 4886 Primrose Lane, stated that nobody has indicated what the cost to the City would be if the City decided to do nothing, and it was explained that the economic impact of cease and desist cannot be measured. It is possible to be fined $6,000 per day, but that is not a probability. The cease and desist order would be extended until a project is built and it is difficult to estimate what this might cost the City. CM STALEY MOVED TO AMEND THE MOTION TO REQUIRE LAVWMA TO PRESENT THE QUESTION OF BONDS ON THE NOVEMBER BALLOT, AND TO INSTITUTE A BACKUP FINANCING PLAN ACCEPTABLE TO THE STATE BOARD. MOTION SECONDED BY CM KAMENA. The comment was made that the amendment is not related to the selection of a project and perhaps it should be stated as a separate motion. The Council has already adopted a resolution which indicates that this matter will be placed on the November ballot and that a backup financing method will be instituted. CM-33-43l March 28, 1977 (re LAVWMA project) Cm Staley explained that the reason for his motion is because he is not comfortable in voting for the Boehmer Summit alternative without the initiation of a backup financing plan. Council discussion followed concerning the amendment and whether or not it is relevant to the motion, and the problem with making a condition of selecting a certain project. It was explained that the Council has adopted Alternate lC in the past, which was to select a project by March 31, and to adopt an alternate backup financing method, as well as to go to the voters on the November ballot. MOTION WITHDRAWN. It was mentioned that selecting one of the alternatives is not something the Council is happy about doing. People have been interested in a reclamation plan but this would also require a pipeline to export salt, brine, or leftover effluent. MAIN MOTION PASSED BY UNANIMOUS VOTE. CM STALEY MOVED TO INSTITUTE AN ALTERNATE METHOD OF FINANCING, AS REQUIRED BY THE STATE WATER QUALITY CONTROL BOARD WITH THE CONDITION THAT THE QUESTION OF THE BOND ISSUE IS PUT TO THE VOTERS IN NOVEMBER. MOTION SECONDED BY CM KAMENA AND PASSED BY UNANIMOUS VOTE. CM KAMENA MOVED TO ENCOURAGE THE LAVWMA BOARD TO APPLY FOR AND PROCEED WITH A GRANT IV PROJECT APPLICATION. MOTION SECONDED BY CM STALEY AND PASSED BY UNNANIMOUS VOTE. CONTINUED DISCUSSION RE COVA STATUS The Council discussed the status of the Congress of Valley Agencies (COVA) and whether or not the City wishes to continue participating as one of the agencies involved. The suggestion was made that COVA continue but that they meet to study only specific items, such as transportation and the type of meeting arranged for by Supervisor Raymond on this subject. Cm Turner, as the COVA representative, indicated that Supervisor Raymond would like to see COVA continue but from a personal stand- point, Cm Turner feels COVA has not done anything to the benefit of the Valley. The comment was made that for an agency to succeed a dynamic chairman is necessary and that busy elected officials do not have the time to do the work that is necessary. In the beginning the citizens did the studying, not the elected officials on the Board. The chairman should work with the staff person and get the interested people organized, committees organized, and the issues through to the Congress. Nothing was put into COVA and COVA is a failure. CM TURNER MOVED TO WITHDRAW FINANCIAL SUPPORT FROM COVA AND TO EXERCISE THE RIGHT OF WITHDRAWAL AS PROVIDED FOR IN THE JOINT POWERS AGREEMENT, AS OF JUNE 30, 1977. MOTION SECONDED BY CM KAMENA AND PASSED 3-1 (Mayor Tirsell dissenting). CM-33-432 March 28, 1977 REPORT RE CURBSIDE MAILBOX STANDARDS The Director of Public Works reported that people have requested that they be allowed to install a mailbox of their own design rather than the type required by the City. The Council has the option to: 1) require standards as set forth by the City; 2) allow a homeowner to submit his design for design review; or 3) limit only height and location and allow the home owner to design the mailbox. MAYOR TIRSELL MOVED TO LIMIT ONLY THE HEIGHT AND LOCATION AND SIZE OF MAILBOX, AND ALLOW THE HOMEOWNER TO DESIGN THE TYPE OF MAILBOX TO BE USED. MOTION SECONDED BY CM TURNER, AND PASSED BY UNANIMOUS VOTE. Encroachment permits will still be required to assure proper place- ment of the boxes. REPORT RE LOT LINE ADJUSTMENT - KISSELL The City Attorney explained that there has been a change in the Government Code which was effective the first of this year that makes the Subdivision Map Act inapplicable to lot line adjustments where the lot line adjustment has been approved by resolution of the governing body of the City. The Council will be exempting the adjustment of the lot line from the Subdivision Map Act, and all of its requirements. The City Attorney was asked how this will affect the remaining open territory and he explained that someone owns the second pie-shaped lot on Pinehurst Court and wishes to include the proposed lot, indicated by the arrow and cross-hatch, to the backyard. This would be the lot line adjustment. The former rear lot line will be moved to encompass the entire cross-hatched area. The area extended north up to Greenwich Road will remain the property of the Kissell Company. Discussion followed concerning the lot line adjustment and the conditions that should be imposed. CM STALEY MOVED TO ADOPT A RESOLUTION AUTHORIZING THE LOT LINE ADJUSTMENT. MOTION SECONDED BY CH TURNER. MAYOR TIRSELL MOVED TO AMEND THE MOTION TO INCLUDE FUTURE DEDICA- TION OF THE WIDTH OF SCENIC AVENUE AND WEST AVENUE AND THAT APPURTENANCES SHALL NOT BE BUILT UNTIL SUCH TIME AS THE IMPROVEMENTS ARE INSTALLED. MOTION SECONDED BY CM KAMENA. The City Attorney commented that perhaps irregular procedure should be followed because the effect of the resolution would be to exempt the parcel from the Subdivision Map Act with the effect of reordering the lot lines without the necessity for filing a parcel map. There would be nothing the City could attach the conditions to. Perhaps a statement of the Council's intention with a transmittal to the applicant through the City Attorney's office, and approval by the applicant, with a new resolution on the Consent Calendar, would be appropriate. Dewey Watson, representing Kissell Company, indicated that it doesn't make any difference to them as to how the City handles the contract. Mr. Appleton, l63l Pinehurst, indicated that he understands the requirements involved and will be discussing the matter with the staff. He was also informed that if development in the surrounding area were to occur his property would become very valuable and the taxes would probably be extremely high. CM-33-433 March 28 (Kissell Property) INCLUDED IN THE AMENDMENT IS THAT THE DEDICATIONAND IMPROVEMENTS SHALL BE DONE BY AGREEMENT THROUGH THE CITY ATTORNEY'S OFFICE. THE LOT LINE ADJUSTMENT IS AGREEABLE TO THE COUNCIL, PROVIDED THE PROPER PROCEDURE IS FOLLOWED. AMENDMENT SECONDED BY CM KAMENA AND PASSED BY UNANIMOUS VOTE. MAIN MOTION PASSED BY UNANIMOUS VOTE. The resolution will appear on the Consent Calendar, with the ag~eement from the City Attorney's office, at a later date. '~<U>. 11 1/ & -? 7 ~-e-rL.~ /~ a ~l.h....c C:'Ir~f<.- (~;I?,~~, ~.L e~:f}---71Ic~~ REPORT RE TRAFFIC PROBLEMS - OLIVINA A report from the Director of Public Works indicated that in response to an inquiry by Cm Turner relative to speeding problem complaints on Olivina, an investigation was made. Olivina is approximatly .5 mi. long, west of Murrieta, it has stop signs on all sidestreets, there is a delineated centerline, the street is straight and there is a 25 mph sign posted on the street. It would appear that the speeding problem is one of traffic enforcement rather than engineering design and no action is recommended at this time. A copy of the report was sent to the Police Department by Mr. Lee, for their consideration. Mr. Lee was thanked for the report and the item was noted for filing. REPORT RE WATER SYSTEM TURNOUT MOD. A report was submitted by the Director of Public Works out- lining the cost increase for a water system turnout modification and requesting a budgetary amendment for the modification. ON MOTION OF CM KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED A RESOLUTION AUTHORIZING A BUDGET AMENDMENT TO PROVIDE FOR THE WATER SYSTEM TURNOUT MODIFICATION. RESOLUTION NO. 57-77 A RESOLUTION AUTHORIZING BUDGET AMENDMENT APPOINTMENT - HEALTH SYSTEMS AGENCY The Health Systems Agency is receJ.vJ.ng nominations for appointment to its governing body and it is anticipated that Livermore may have one or two seats. It is recommended that the Council nomi- nate persons no later than Friday, March 25. The Council concluded that they would discuss a nominee at the adjourned meeting on Wednesday. CM-33-434 March 28, 1977 CONSENT CALENDAR Res. re CETA Title VI Funds The Council adopted a resolution authorizing execution of agreement with Alameda County concerning the CETA Title VI funds. RESOLUTION NO. 58-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Alameda County, CETA, Title VI) Res. Urging Support of Water Conservation The Council adopted a resolution urging citizen support of water conservation in the City of Livermore. CM TURNER MOVED TO AMEND THE RESOLUTION R~QUIRING THE TURNING OFF OF LIZZIE FOUNTAIN. AMENDMENT DIED FOR LACK OF A SECOND. Cm Turner commented that he will vote against the motion because he has had complaints from people who are concerned about the amount of water used in running Lizzie Fountain. He would prefer that the fountain be turned off prior to adopting a resolution urging conservation of water. RESOLUTION NO. 60-77 A RESOLUTION URGING CITIZEN SUPPORT OF WATER CONSERVATION IN THE CITY OF LIVERMORE Res. re Guidelines re Sex-biased Language The Council adopted guidelines for eliminating sex-biased language, in the following resolution: RESOLUTION NO. 61-77 A RESOLUTION ADOPTING GUIDELINES FOR ELIMINATING SEX-BIASED LANGUAGE Res. re Limited Parking - Hillcrest The Council adopted a resolution limiting parking along a portion of Hillcrest Avenue. RESOLUTION NO. 62-77 A RESOLUTION AMENDING RESOLUTION NO. 129-72, AS AMENDED, RELATING TO LIMITED PARKING ZONES, BY THE ADDITION OF A ONE-HOUR PARKING ZONE, TO WIT, 200-FOOT SEGMENT ON EAST SIDE OF HILLCREST AVENUE, ADJACENT TO THE LOUIS SHOPPING CENTER, CITY OF LIVERMORE. Cm Staley abstained from voting on the resolution due to a conflict of interest. CM-33-435 March 28, 1977 Res. Granting CUP - National Car The Council adopted a resolution granting a CUP for National Car Rental Systems, Inc., at 4186 East Avenue. RESOLUTION NO. 63-77 A RESOLUTION GRANTING CONDITIONAL USE PEIDiIT (National Car Rental Systems, Inc.) Motion Auth. Bid Solicitation The Council approved a motion authorizing bid solicitation for sidewalk repair project which is budgeted in the 1976-77 budget for Miscellaneous Public Works Repairs. Report re Traffic Enforcement The Chief of Police submitted a traffic enforcement report which outlined the number of accidents and citations. The number of accidents have decreased over the past months and citations which average 800 to 900 per month reached 1207 during the month of February. In continuing with the present rate of enforcement the Police Department hopes to reduce the number of future accidents. Payr()ll & Claims There were 126 claims in the amount of $118,935.21, and 296 payroll warrants in the amount of $102,648.34, for a total of $221,583.55, dated March 18, 1977, 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 REMOVAL OF ITEM 5.2 (re destruction of police records), AND WITH CM TURNER VOTING AGAINST THE MOTION URGING WATER CONSERVATION AND WITH CM STALEY ABSTAINING FROM THE RESOLUTION ON LIMITED PARKING ON HILLCREST AVENUE. RES. AUTH DESTRUCTION OF CERTAIN POLICE RECORDS The Council had removed Item 5.2 from the Consent Calendar for discussion. The resolution authorizes the Chief of Police to destroy records of complaints against employees of the Police Department if the complaints are more than two years old. The Chief of Police indicated that each time a complaint is received against an employee, it is given a number and in this way the number of complaints per year can be tallied. Only the complaints found to be unfounded or in cases where the employee was exonerated, would the records be destroyed. CM-33-436 March 28, 1977 (re Destroying of Certain Police Records) Chief Lindgren indicated that the statistics of complaints against employees can be summarized and if there is a trend that an employee is receiving a number of complaints the City Attorney would be advised not to destroy those records. The records to be destroyed are two years old and if there is a trend it would be apparent. MAYOR TIRSELL MOVED TO ADOPT THE RESOLUTION AUTHORIZING DESTRUCTION OF CERTAIN POLICE RECORDS, SECONDED BY CM KAMENA AND PASSED BY UNANIMOUS VOTE. RESOLUTION NO. 59-77 A RESOLUTION AUTHORIZING DESTRUC- TION OF CERTAIN POLICE RECORDS MATTERS INITIATED BY THE STAFF (Building Code) The City Attorney commented that the City is required to make find- ings to support the deviations from the Uniform Building Code - the Energy Conservation Ordinance and the Security Ordinance. These are emergency items which need the action of the Council this evening. CM TURNER MOVED TO SUSPEND THE RULES TO ALLOW THE COUNCIL TO ACT ON TWO STAFF ITEMS. MOTION SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. CM KAMENA MOVED TO ADOPT THE FINDINGS RELATIVE TO THE ENERGY CONSERVATION ORDINANCE AND THE SECURITY ORDINANCE. MOTION SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. RESOLUTION NO. 64-77 A RESOLUTION ADOPTING FINDINGS ESTAB- LISHING NECESSITY FOR SECURITY ORDI- NANCE AND ENERGY CONSERVATION ORDINANCE P.C. SUMMARY OF ACTION - 3/22/77 It was noted that the P.C. is continuing to approve home occupa- tion permits and the ordinance is being reviewed and it was referred to the P.C. several months ago. Mr. Gorland commented that it wasn't the ordinance that was being reconsidered but rather the policy. The policy was submitted to the P.C. with the recommendation that they analyze it and the P.C. felt it should be reviewed after the new Planning Director arrives. The comments were followed by discussion.of the home occupation permits and then the Rock House located on portola Avenue which is proposed for use as a restaurant, which the P.C. recommended for County conditional approval. P.C. summary of action of 3/22/77 noted for filing, with the request that the Rock House restaurant application be discussed as an agenda item. CM-33-437 March 28, 1977 MATTERS INITIATED BY THE STAFF (Free Garbage Pickup) Mr. Parness announced that the free Spring pickup by the garbage service has been scheduled for April 30th. MATTERS INITIATED BY THE COUNCIL (Amount of Rainfall) Cm Turner stated that he received a telephone call from Station KKIQ inquiring as to whether or not the City has a rain gauge because people are calling KKIQ asking the amount of rainfall for Livermore. Mr. Lee stated that a rain gauge is located at the water recla- mation plant and he will be happy to contact KKIQ to let them know how people can find out about the amount of rain. (SB 467 - Sphere of Influence-Urban Services) Cm Staley stated that in the League of California Cities bulletin there is reference to SB 467 (Sphere of Influence-Urban Services Area). He doesn't have a complete analysis of the bill but it would seem to be something the City might want to support. Mr. Parness will be getting information for the Council for discussion. ORD. RE DESIGN REVIEW COMMITTEE ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE ORDINANCE RELATIVE TO THE DESIGN REVIEW COMMITTEE MEETINGS, WAS ADOPTED. ORDINANCE NO. 918 AN ORDINANCE AMENDING SECTON 22.82(e), RELATING TO DESIGN REVIEW COMMITTEE MEETINGS, OF CHAPTER 22.00, RELATING TO RESPONSIBILITY AND PROCEDURES, OF ORDI- NANCE NO. 442, AS AMENDED, RELATING TO ZONING. CITY MANAGER STATUS REPORT First Street Overhead The City appeared before the PUC on the First Street Overhead Project, just to keep everything in order it is still under their auspices. A project coordinator has been hired for the First Street Overhead project, and he is a Registered Civil Engineer. CM-33-438 March 28, 1977 LLL Negotiations The City has been negotiating with LLL for permission to connect their alternate sewer pipeline system into our industrial sewer. They want to vacate the East Avenue line, to the City. This should be in the City's favor if everything can be arranged. Multi-service Center Applicants The City is receiving applications from potential users of the Multi-service Center. Applications are being received and reviewed by the staff for transmittal to the Social Concerns Committee and eventual review by the Council. Zoning Administrator The examination process for the Zoning Administrator has been completed and 12 applicants have been invited for interviews. Reportedly, 10 of the 12 applicants are outstanding prospects. Hopefully, this position will be filled within a couple of weeks. Resignation The City is sorry to have received the resignation of Officer Bankert, who has been offered employment with Intel Corporation as head of security for all of their eight plants, world-wide. Rotary Club The Rotary Club is having an event in the near future and they have asked to hire the Police Department as security, using 18 police officers. ADJOURNMENT Mayor Tirsell adjourned the meeting at 11:30 p.m. to an executive session to discuss legal matters and then to an adjourned meeting on Wednesday, March 30, 1977, at 7:00 p.m. in the Shannon Community Center, 16000 Shannon Avenue, Dublin, to continue discussion of the LAVWMA Project. I., APPROVE ~--;lJ--Lf"--r1 ~ ~ .d ./ it? , ayor ATTEST I CITY CLERK'S NOTE: Copies of the audit for the 1975-76 year were distributed to the City Council at this meeting. C'.. 1/.' ." / ~(I-IL / CM-33-439 Regular Heeting of April 4, 1977 A regular meeting of the Livermore City Council was held on April 4, 1977, 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 Kamena, Turner, Staley and Mayor Tirsell Absent: Cm Dahlbacka (Excused Business) PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. MINUTES - 3/2l/77 P. 414 - Under Limited Parking on Hillcrest, 4th paragraph should read: The comment was made that if parking is restricted or limited on the street it will mean that people, such as car poolers, will use the Shopping center for all day parking. P. 416 - last paragraph should read: It was explained that the fare box for transit service...etc. P. 422 - Under Cultural Arts Item: Line 3 should read: with Cm Dahlbacka as the alternate. ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF MARCH 21, 1977, WERE APPROVED AS CORRECTED. OPEN FORUM (Committee for Aging) Roman Morkowski, 1987 DeVaca, stated that he attended the Alameda County Committee on Aging meeting, and he reported on the discussion that took place at the meeting relative to lack of transportation for the Valley and the fact that there is no money available for this purpose. The City is talking about raising the taxicab fares and yet it is the elderly, infirm and handicapped who need the services of the local taxi. He again requested that the Council request that there be a Congressional hearing in Livermore relative to how corporations affect the City of Livermore and its citizens, and that this be discussed as an agenda item. (Railroad Relocation) Paul Tull, 2243 Linden Street, expressed complaints concerning property that had been taken from someone in Missouri by the Corps of Engineers, the railroad relocation project, and delayed action relative to a requirement of the Clean Water Act of 1972. CM-33-44l April 4, 1977 (Water Conservation) Delpha Chesterman, 3829 Pestana Way, stated that in view of the fact people have been asked to voluntarily conserve water, she believes the fountain at First and South Livermore should be turned off. If the fountain cannot be turned off it should be turned down, as a symbolic gesture of water conservation. She would suggest that flowers be placed in a saucer to add beautification in that area, rather than allowing the fountain to operate. COMMUNICATION RE TAX DELINQUENCY CREDIT The Council received a response from the County Board of Supervisors concerning the letter sent to them by the City Manager asking if property owners on the northerly extension of Mines Road, from Tesla Road to its eventual intersection with East First Street (State Route 84) could dedicate a specified highway right-of-way parcel to be posted as a credit against tax delinquencies. Mr. Parness indicated that the County misunderstood the question and perhaps he could telephone them to find out what their dedica- tion policies might be. He will report back to the Council next week on this item. COMMUNICATION FROM SCHOOL DISTRICT A letter from Leo R. Croce, Superintendent of Schools, indicates that the School District will abide by the City's ordinance unless it is in conflict with the School District's. In that case, they not comply with the City's ordinance. Letter noted for filing. LETTER FROM GARY HIGGINS RE AIR CONSERVATION PROGRAM The Council discussed a letter received from Gary Higgins of the Air Pollution Study Committe, concerning the Plan Develop- ment Program for an Air Conservation Program for California, draft. The matter will be coming back to the Council for discussion. Mr. Higgins would like to see a different measurement for the federal air standards - Clean Air Act standards. The comment was made that even after reading the report it may be difficult to take a position because of the complex nature of the item to be discussed. Mayor Tirsell will obtain a report for the Council to read and it may help in understand- ing the proposal. REQUEST FOR BANNING OF SMOKING IN PUBLIC BUILDINGS Debbie Amaral, representing the Social Science class at East Avenue, has requested that the City Council ban smoking in public buildings of the City, and that AB 500 be supported by the Council which bans smoking in public buildings in the State of California. CM-33-442 LIVERMORE-AMADOR VALLEY WATER MANAGEMENT AGENCY MINUTES OF MEETING MARCH 30, 1977 Determination of Quorum The meeting was called to order by Chairman Phi1cox at 7:15 p.m. at Shannon Park Community Center, Dublin. Board Members present: Euler, Ladner, Mercer, Phi1cox, Tirse11, Turner. Others present: Davis, Bradford, Scheidig, Bodnar, Parness, Ryan, Campbell, Wheeler, Anders, Ko1b, Lenahan, Simpson, Bruce, Fenton, B. Harding, Hanson, Lance, Hall, Mueller, Fahey, Hyde, Jolley, LeClaire, Brandes, Herlihy, Staley, Kamena, Bouey, D. Miller, J. Harding, Caudill, Tul1, Eller, Cauble, Sherrard, Boer, J. Miller Reports on Agency Actions Chairman Phi1cox called for a report by each of the community agency heads on actions taken by their councils regarding selection of a project. Tirse11 reported that the Livermore council voted unanimously for the Boehmer Summit route, alternative 01B, and that they had already voted for back-up financing. ( Ladner said VCSD had voted 4-1 to adopt the Boehmer Summit project 01B, with a request that LAVWMA seek funding under Group IV for a reclamation project. He said the VCSD board felt the project would have to be paid for one way or an- other and issuing non-voter revenue bonds by LAVWMA, without a bond election, would save the taxpayers money. Phi1cox said P1easanton also selected alternative 01B, and favored the issuance of revenue bonds without voter approval. They desired a reclamation project study under Group IV, State action to obtain priority for reverse osmosis, and a provision for allowing Pleasanton to purchase additional capacity for industrial or commercial use. Discussion of Costs ( Tirse11 asked CH2M-Hi11 about energy costs per household for the Boehmer Summit route. Harding replied that the power costs, translated into kilowatt costs per residential connection, would be about the equivalent of a 30-watt light bulb burning 24 hours per day. Public Comments D. Miller expressed concern about the short time members had to consider the engineering and financial reports before making their decision. He suggested attempting to avoid a connection with EBDA. He said the Regional Water Quality Control Board1s standards were not well documented and LAVWMA should challenge them even at the risk of losing grant funds. Euler replied that the Board had spent three years considering the project, and pointed out that Miller had expressed no concern about EBOA while a LAVWMA member. Tull urged the Board to consider a cement channel rather than a pipeline. Pearson said that project chosen would allow continued degradation of the ground- water and urged a more comprehensive treatment program. Euler pointed out that the Board was requesting grant funds to study a feasible reclamation project. Eller urged use of plants for desalinization. Selection of Project It was moved by Turner, seconded by Tirsell and passed 6-0 to adopt alternative 01B, the Boehmer Summit route, as the LAVWMA project. Reclamation c Euler presented a motion to seek funding for alternative E in the Ch2M-Hill report as a second stage of the project. Kolb of the Regional Board said the study should be general rather than specific. Hanson said any of the alternatives would be developed in stages. Euler then moved, seconded by Ladner, that LAVWMA make application for a second phase of the reclamation study. The motion passed 6-0. Euler pointed out that reclamation is now totally paid for by taxpayers but the trend seems to be toward grant support, and a delay would favor taxpayers. A motion was introduced by Mercer, seconded by Philcox and adopted 6-0 to re- quest the State to establish a priority list for grant support of demineraliza- tion projects and to place the LAVWMA project first. Industrial Capacity Mercer introduced a motion to allow any LAVWMA member agency to purchase up to 1 mgd for industrial capacity. Turner said it was Livermore's position that the pipeline should not exceed 15.62 mgd. Ladner said reclamation if implemented would reduce the flow of effluent. Euler said anything that exceeded the State's mandate should be taken to the voters. After a caucus, Philcox said he would be willing to specify a capacity of 15.62 mgd if future industrial capacity could be assured. Ladner asked for the State Board's position. Wheeler replied that any indus- trial user would have to pay the total amount of any costs involved in meeting his needs. 2- r . After further discussion a motion reserving for Pleasanton any excess capacity over 15.62 for purchase for industrial use was defeated 2-4. Voting "no" were Euler, Ladner, Tirsell and Turner. Tirse11 then moved. seconded by Turner. that the project's pipeline capacity be restricted to an average daily flow of 15.62. The motion passed 4-2. Voting "no" were Mercer and Phil cox. After further discussion it was moved by Mercer that pumping capability of the project be set at 15.62 mgd. that any excess capability be available for pur- chase at their own expense by present member agencies of LAVWMA for industrial or commercial use. with a proviso that VCSD not be required to add any more treatment facilities for this purpose. Philcox seconded the motion, which was adopted 6-0. Funding the Project Turner then moved. seconded by Tirse11. that each agency adopt a pay-as-you-go back-up funding method and that a bond issue be placed before the voters in November. The motion was defeated 2-4. Euler. Ladner. Mercer and Phi1cox voted "no." ( Euler said the position of the VCSD Board was that an election would be mis- leading in that many people would think they were voting for or against the project itself rather than the method of financing it. A defeat of the bonds would only result in higher sewerage rates because the Valley doesn't really have a choice of whether or not there is to be a project. Philcox asked counsel whether it was necessary for all three LAVWMA member agencies to agree on issuance of bonds. Scheidig said a majority vote of the directors was sufficient. but that the action would require amending the Joint Powers Agreement which each agency would have to agree to. There followed a series of motions regarding non-voter bond sales which passed by 4-2 votes, the Livermore delegation dissenting. As a result of a request by the Livermore delegates. the Pleasanton council caucused and Mayor Philcox reported that Pleasanton passed, on a 3-2 vote, a motion to adopt a pay-as-you- go method of back-up financing. a provision previously agreed to by the other two agencies~ Euler then reintroduced a motion. seconded by Ladner. that LAVWMA adopt as a funding mechanism for the project a minimum bond sale without voter approval under the Revenue Bond Law of 1941, Section 54307.1, with service charge in- creases for cash flow needs. with a commitment by all member agencies to pay-as- you-go sewer increases as a back-up funding method in the event the bonds are not issued, and that the Joint Powers Agreement be amended to reflect the pro- ject as currently proposed and the method of financing it. The motion passed 6-0. ( Counsel was instructed to prepare the necessary JPA amendments and send them to each agency. Bondar reported that LAVWMA may issue non-voter approved revenue bonds by ordinance subject to referendum. but that if sufficient signatures were gathered within 30 days after passage of the ordinance. an election must be held. -3- Meeting with EBDA ( Euler announced that arrangements had been reached with representatives of EBDA, who were present, to meet April 6 to reopen negotiations on a connection with the EBDA interceptor. Arrangement for Next Meeting Chairman Philcox announced the next meeting for Thursday, April 7, at 8:00 p.m. at the VCSD offices, 7051 Dublin Boulevard, Dublin. Adjournment The meeting was adjourned at 10:20 p.m. ( ( -4- April 4, 1977 (Smoking Ban) Mr. Parness indicated that he believes the legislative bill bans smoking where there is public assembly and this may not pertain to buildings such as restaurants. It would be diffi- cult to enforce. The comment was made that if legislation is passed the City would have state statutory authority behind it. The bill would allow the City to regulate smoking, and signs could be posted or areas designated such as school buildings. Mr. Parness felt that it is possible that the Council does not have the authority to prohibit smoking in public places without this type of legislation. Cities that may have en- acted these types of ordinances are charter cities and may have the right. Perhaps the City Attorney should be prepared to speak to this issue. The item will be discussed as an agenda item later. DISCUSSION RE P.C. REPORT RE COUNTY REFERRAL RE SITE DEVELOP. PERMIT - ROCK HOUS: The County has referred the matter of the site development review permit for the Caratti-Gandolfo property (Rock House) located on the north side of portola Avenue, at North "L" Street, for restaurant purposes. The County will require a sewer connection with the City of Livermore if the site plan is approved and a sewer connection agreement was auth- orized and executed in 1968 but was never connected. The comment was made that Council support for commercial development in that area would be a complete reversal of the Council position in the past. The Council has generally opposed strip commercial development along Portola Avenue. It was noted that the Rock House has always been a commercial use and this isn't really a problem because it is a building with historical value; however, the Council would oppose any further commercial development along Portola Avenue. Mr. Parness explained that the City is to express its opinion on only the site plan approval for the one portion - not the whole 50 acres. Ms. Caratti, indicated that there are two buildings on the site and they would like to be able to use both buildings. Martha Eggensburger, 1368 Elizabeth Court, Walnut Creek, indicated that she also is involved in the project and that the building next to the Rock House will be used as the restaurant. It was suggested that perhaps this item could be continued until such time as there is a Zoning Administrator with the City and Mr. Parness explained that the applicants are anxious to get some kind of approval from the City Council so that they can proceed with their project. The City Attorney was asked if there would be any problem with the City's policies extending to commercial uses in the County and he replied that as he understands it, the General Planning area is larger than the City's boundaries and the General Plan goals address the entire General Planning area. Therefore, the Council could implement the General Plan goals by extending utility services outside the City limits. CM-33-443 April 4, 1977 (re Rock House Restaurant App.) MAYOR TIRSELL MOVED TO DIRECT THE CITY MANAGER TO WRITE TO THE COUNTY ZONING ADMINISTRATOR ENDORSING THE USE AND THE REFURBISHMENT OF THE BUILDING, IN THE CHARACTER AND STYLE THEY WERE ORIGINALLY CONSTRUCTED, ONLY BECAUSE 1) THE BUILDING IS HISTORICALLY SIGNIFICANT TO LIVERMORE; 2) IT IS OF A CHARACTER THAT IS ALSO SIGNIFICANT TO LIVERMORE; AND 3) ON THAT BASIS ONLY. The motion does not imply that Livermore favors or endorses any commercialization along portola Avenue. MOTION SECONDED BY CM TURNER. The Council discussed, with Ms. Caratti, the two buildings located on the site and their relationship. She explained that her father built the Rock House, rock by rock and brick by brick and continued with the second building in the same manner. The second building was never finished and was never used but it was part of the Rock House pro- ject and the structures are very similar. The applicants intend to finish building the second structure and use is as a restaurant. The existing Rock House will be used for storing items to be used in the restaurant, etc. The argument was made that allowing the second building a commer- cial use is allowing the strip commercialization on portola Avenue. It was pointed out that this is one way of allowing the Rock House to remain as an historical building for Livermore, in a commercial zoning area of the County. Mr. Gorland commented that both buildings have the unique character of being stone houses and this is the reason the applicants wanted to restore them for a commercial use. MOTION WAS WITHDRAWN. Interest was expressed in being able to retain the Rock House because it does have historical significance. CM TURNER MOVED TO SUPPORT THE APPLICATION FOR A RESTAURANT USE IN THE ROCK HOUSE, ON THE BASIS THAT IT DOES HAVE HISTORICAL VALUE FOR THE LIVERMORE VALLEY AND THE CITY OF LIVERMORE ITSELF. THE BUILDING, OR THE TYPE OF BUILDING HAS BEEN IN EXISTANCE FOR 100 YEARS AND HAS BEEN ADDED ON. THE USE WOULD BE THE CONTINUA- TION OF AN EXISTING USE. MOTION SECONDED BY CM KAMENA. MOTION PASSED 3-1 (Cm Staley dissenting) . DISCUSSION RE SB 467 (Smith) RE SPHERES OF INFLUENCE - URBAN SERVICE AREAS The Council received a copy of SB 467(Smith) relative to Spheres of Influence and Urban Service Areas. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COUNCIL ENDORSED SB 467. It was suggested that the City Manager contact the County to ask that they also support SB 467, and the Council concurred. CM-33-444 April 4, 1977 (Re SB 467 - Spheres of Influence) The City Attorney pointed out that SB 1 is pending and this is a measure that would solve all of the City's problems relative to its Sphere of Influence, etc. Mr. Parness added that he was among those who worked on a committee comprised of City Managers throughout the state, relative to AB l, and this was the first concerted effort in the State of California for cities and counties to arrive at a very comprehensive land use planning measure. The City Manager was asked to send a letter to the Board of Supervisors urging support of SB 467. DIS. RE HEALTH SERVICES AGENCY NOMINATION The matter of the Governing Body nomination for appointment to the Health Services Agency was continued from the last meeting so as to consider prospective nominees. Two appointments may be made from Livermore but the Governing Board will discuss the matter on April 6, and a decision must be made by the Council this evening. ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE COUNCIL CONFIRMED THE APPOINTMENT OF MARY MC CARTHY. A resolution will be prepared confirming nomination. REPORT RE LOCAL TAXI SERVICE The City Manager reported that an application is pending for the operation of a private taxi service in Livermore. The applicant has requested a revision in the existing rates and it is recommended that the Council direct that a resolution authorizing the revision in rates, as specified in the staff report, be prepared. It is also recommended that the applicant be requested to file for an operator's permit in accordance with Section 22.31 et seq of the Municipal Code. Concern was expressed for the money that has been given to LARPD for operation of the mini-bus service for senior citizens, because there will no longer be a subsidized taxi service for seniors. Mr. Parness felt the program is being adequately taken care of by LARPD and it might cause problems to try to get the County to con- vert the funds back to the City for the taxi service. The comment was made that the only problem at this time with the LARPD senior transportation service, is that a senior does have to make arrangements 24 hours in advance. CM STALEY MOVED TO ADOPT A RESOLUTION AUTHORIZING A CHANGE IN THE RATES. MOTION SECONDED BY CM TURNER. The point was made that it is better to allow a taxi service to charge $2.60/mile (20~ increase) than to force them to charge the previous $2.40jmile and have no taxi service at all. It was also mentioned that when Santa Clara went to Dial-A-Ride, the local taxi companies sued the city and the city was forced to buyout the taxi services. Because of this situation the City should include a provision in the agreement that the City will not have to pay anything to the taxi company if the City should elect to provide Dial-A-Ride. CM-33-445 April 4, 1977 (re Taxi Service) Mr. Parness commented that the situation was a little different in Santa Clara but the staff will make sure the City wouldn't be involved in a similar problem. Jerry wilverding asked questions relative to the cost of a ride from Springtown, the hours, and the number of vehicles that will be in service, all of which were answered by the City Manager. MOTION PASSED BY UNANIMOUS VOTE. A resolution will be prepared by the staff and will appear as a Consent Calendar item. MOTION AUTH. IMPLEMENTA- TION OF WATER CONSERVATION PLAN FOR CITY CUSTOMERS CM KAMENA MOVED TO AUTHORIZE IMPLEMENTATION OF THE PROPOSED VOLUNTARY WATER CONSERVATION PLAN, AS PROPOSED BY THE DIRECTOR OF PUBLIC WORKS, FOR CUSTOMERS OF THE CITY SYSTEM. MOTION SECONDED BY MAYOR TIRSELL. A complaint has been received from someone who works at night and when the person drives down Murrieta Boulevard about l:OO a.m. the street is being flooded because of the watering of the medians during that hour. Perhaps the amount of water being used could be reduced. Mr. Gorland explained that the City has been having problems with the valves and they are being changed to correct this type of problem. L 7 . J.~ ' J ~1 ./Ir"}- L~ 9K;~ I It was suggested, again,Athat the fountai be turned off, during the discussion by the Council. The concern is that Livermore is not really setting an example of water conservation if the fountain is allowed to run. It was suggested that perhaps the City could place a sign at the fountain which would let people know that the fountain is using only recycled water, but it was felt that most people wouldn't read the sign anyway. MOTION PASSED BY UNANIMOUS VOTE. REPORT FROM P.C. RE MURDELL LANE/STANLEY BLVD. PROPERTY ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE PROPOSED REZONING OF MURDELL/STANELY BOULEVARD, SOUTH EAST CORNER, WAS SCHEDULED FOR APRIL 25. REPORT FROM P.C. RE VETERINARY HOSP. RESTRICTION FROM CP DIST. The Council received a report from the P.C. concerning the refer- ral from the City Council relative to allowing veterinary hospitals in the CP District (Professional Office District). At this time veterinary hospitals are not permitted in the CP Zone. The P.C. has recommended that there be no change in the Zoning Ordinance to allow the veterinary hospitals and that they be required to apply for a CUP for this use. The City Attorney was asked if veterinary hospitals could be included in the CP Zone and still be required to have a CUP, CM-33-446 April 4, 1977 (re Veterinary Hosp. Restriction from CP Dist.) and he indicated that this would be a permitted use and would not be required to apply for a CUP. The Council has three options: 1) declare this a permitted use; 2) allow the use, conditionally - CUP; or 3) a permitted use with the policy that would require conditions at the time of issuance of a building permit. The last item is really difficult to administer, because in most cases the building is already built. The three alternatives were discussed by the Council. It was noted that if the Council wishes, it could set up definitions for a veterinary hospital with two categories, such as one with an outdoor run, etc., and the other a more retail oriented type of pet shop. The point was made that the CP Zones in Livermore are generally located adjacent to residential areas and people are concerned about barking dogs and disturbances to the residents. ~r. Gorland pointed out that in the P.C. minutes it was noted that hospitals for humans are also not allowed in the CP District. The comment was made that it is distressing that the CP restricts a professional use such as a veterinary service, because people might assume that anyone not allowed in the CP is not a profes- sional, and a veterinarian is a professional. Perhaps CP is the wrong terminology. On the other hand, the purpose of the original CP Zone, was to allow for a conversion from existing dwellings, from residential uses, etc., to professional office buildings. A veterinary use in most of the CP areas would not be acceptable but Dr. Plone is considering locating his office in a CP area that would be appropriate. It was suggested that the CP Zone not be changed but the name be changed to something other than professional office. According to the Business Professions Code barbers, and beauticians are also professional people and they are prohibited from the CP District. The CP is the category in the naming of the zone and has nothing to do with discriminating against any profession. There are several professions not allowed in the CP Zone because certain types of business are felt to be inappropriate for one reason or another. The comment was made that the veterinary office is not allowed in the CP unless it is permitted by CUP, and it is also not allowed in the CN Zone. This means that they are somewhat forced into the CBn area and this isn't really an appropriate location for a veterinary hospital either. CM KAMENA MOVED TO AMEND SECTION 17.22, TO INCLUDE VETERINARY HOSPITALS WHICH DO NOT HAVE OUTDOOR RUNS OR CREMATORIA ON THE PREMISES, AND WITH SOUNDPROOF EXTERIOR WALLS, IN THE CP ZONE. MOTION SECONDED BY CM TURNER. Martin Plone, Veterinarian, 2127 First Street, stated .that Dr. Shirley established a veterinary practice in Livermore 20 years ago and prior to that time there were no veterinarians in Livermore at all. Since that time only two more practices have been established which means that the City is not overflowing with veterinarians. Modern veteri- nary hospitals are built with indoor runs and are soundproof to the extent that no noise is heard from the outside. He has talked to businesses adjacent to veterinary offices and has been told that no noise is heard from the veterinary office. In Alamo, he visited an office that is shared by a dentist and a veterinarian and there is no complaint concerning noise. He asked that the Council open CM-33-447 April 4, 1977 (re Veterinary Hosp. Restriction from CP Dist.) their minds to the fact that veterinarians have been placed in a category that forces them to locate next to the paint and body shops. He added that a resident with three dogs certainly creates more noise than the veterinary hospital. The City Attorney explained that a use can be defined as a use that does not have an outside run and would not have a crematoria, etc., but the Council cannot condition the construction of the building such as the soundproof requirement. There is nothing in the Uniform Building Code to require the soundproof exterior. This type of item would be part of the special conditions imposed by the CUP. The reason the veterinary hospital is allowed in the CBD is because if there were outdoor noise, it wouldn't make any difference, such as next door to a body shop. In this area there wouldn't have to be conditions imposed. The suggestion was made that if the definition of veterinary hospital is to be redefined, perhaps the definition could include wording applicable to the type of building structure in that a soundproof exterior wall could be required. If the office is to be in an existing building the exterior wall could be remodeled and if it is to be a new building the soundproof wall could be built at the time of construction. The argument was made that if the veterinarian wishes to locate in the downtown commercial area, those types of requirements would not be necessary. The City Attorney commented that in order to set up the zoning category, the Council could integrate the performance standards concept into the Noise Ordinance. Also, a separate zoning category could be established for the veterinary profession with requirements relative to construction of the building, in that zone, and allow the use in the CP District, but this would be combining districts. The City Attorney advised that the City is prohibited from amending the Uniform Building Code unless the City can make the findings that unique local factors require such an amend- ment. The Council would be amending the Uniform Building Code to apply it only to veterinary hospitals. Mr. Gorland indicated that he believes the Uniform Building Code does not address veterinary hospitals but he would like to say that in his opinion the veterinarians are more concerned about any noise problem from the hospital than any other type of business because if people did hear noise there would be considerable complaining from the neighbors and other subse- quent action taken against them, under other ordinances. The City may be interested in initial control, but the basic question is whether or not a veterinary hospital should be in the CP Zone, and not particularly from the noise aspect. The P.C. has also recommended that this type of business be allowed in the CN and the CO Districts. The City Attorney suggested that the staff be allowed a little time to review the Uniform Building Code and the background of the questions raised in the discussion, prior to making a decision. The Mayor explained that if the Council approves the request the resolution would have to be prepared and the whole item would have to go back to the P.C. anyway, during which time the Building Code could be reviewed. CM-33-448 April 4, 1977 (re Veterinary Hosp. Restricted from CP Zone) Dr. Plone commented that it appears that the Council is pri- marily concerned with the noise problem and he believes this would not be a problem. He has talked to numerous veterinarians located in residential areas and they do not receive complaints. It was explained that the particular neighborhood adjacent to the property Dr. Plone wishes to locate on, is very adamant that any use not normally allowed in a CP Zone, should not be permitted. The people have been very active in trying to keep various other types of businesses out of the area and are very protective of their rights. They evidently did not know that this item was on the agenda or they surely would have been here this evening to protest the application. It might be worthwhile for Dr. Plane to go door-to-door making inquiries as to how people would react to this type of application. The City Attorney explained that if the motion passes this evening it will be qoing back to the P.C., but only for a report. The action will be taken tonight, and an ordinance amendment would be prepared. MOTION PASSED 3-1 (Mayor Tirsell dissenting). P.C. MINUTES OF 3/22/77 ~inutes of the Planning Commission meeting of March 22, 1977, were noted for filing. MOTION TO RECONSIDER VETERINARY HOSPITAL ITE~ CM KAMENA MOVED TO RECONS IDER ITE~1: 4.2 (b), CONCERNING VETERINARY HOSPITALS. MOTION SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. CM KAMENA MOVED TO RESCIND THE MOTION MADE FOR ITEH 4.2(b), WHICH WAS TO INCLUDE VETERINARY HOSPITALS IN THE CP DISTRICT WHICH DO NOT HAVE OUTDOOR RUNS OR CREMATORIA ON THE PREMISES, AND WITH SOUNDPROOF EXTERIOR WALLS. MOTION TO RESCIND SECONDED BY CM TURNER AND PASSED BY UNANIMOUS VOTE. CM TURNER "1:OVED TO NOTE AND FILE ITE"1 4.2 (bL, SECONDED BY C~1 KA~1ENA AND PASSED BY UNANIMOUS VOTE. REPORT RE PRELIMINARY PRIORITY LIST RE GRANT APPLICATIONS The City Manager reported that the City's grant application for the water reclamation plant expansion, has been reviewed by the State Water Resources Control Board and is to be acted upon April 14. Thereafter the preliminary priority list will be adopted on May 19. The Step 1 grant is to be issued during 1977-78 with Step 2 and 3 to be issued in 1978-79. Step 1 funds are for the preparation of a project report; Step 2, the construction plans and specifications; and Step 3, the construction. It is recommended that the Council adopt a motion instructing that an appeal be made to the State Board updating the Step 2 grant to 1977-78. CM-33-449 April 4, 1977 (re Grant App. priority List - Water Rec. Plant) Mr. Parness was asked if being placed on the priority list is relative assurance that the City will receive funding, and he indicated that it is. It is implied that funding will be allowed for construction purposes during the 1978-79 fiscal year. The Step 1 grant for the project report involves a very major planning undertaking, and represents an expenditure of about $64,000. The staff would like to update the timing, if possible, and make every effort in the appeal to do this. The City will remind the Board that it was the fault of the state staff that the City didn't get the grant last year. He believes that the timing wouldn't be interrupted once the grant is received and that if Step 1 funds are received, Steps 2 and 3 would be forthcoming in 1978-79. CM TURNER MOVED TO DIRECT THE CITY MANAGER TO APPEAL FOR UPDATING OF STEPS 1 AND 2 FUNDS, TO 1977-78. MOTION SECONDED BY CM KAMENA AND PASSED BY UNANIMOUS VOTE. CONSENT CALENDAR Res. Auth. Budget Amendment Notice has been received of a budget total for the Solid Waste Management Authority funding through fiscal 1977-78, of $100,000. The pro rata share for the City is $5,650. The Council adopted a resolution approving the budget amendment. RESOLUTION NO. 65-77 A RESOLUTION AUTHORIZING BUDGET AMENDMENT Res. re Report on Dam Failure Evac. Plan The Council adopted a resolution adopting a contingency plan for dam failure and evacuation. RESOLUTION NO. 66-77 A RESOLUTION ADOPTING A CONTINGENCY PLAN FOR DAM FAILURE AND EVACUATION Payroll & Claims There were 97 claims in the amount of $57,336.58, less deposit of $255,000 to Savings Account, for a total of $312,336.58, dated March 29, 1977 and approved by the City Manager. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM TURNER, SECONDED BY C~ STALEY AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. MATTERS INITIATED BY THE COUNCIL (City of Santa Cruz) Cm Turner felt the City should support the position of the City of Santa Cruz, relative to sewer facilities and the position that a city does not have the right to ask for annexation as a condition to sewer connection or the extension of sewage facilities. CM-33-450 April 4, 1977 (re City of Santa Cruz Position re Sewers) CM TURNER MOVED TO SUPPORT THE POSITION OF SANTA CRUZ RELATIVE TO EXTENDING SEWAGE FACILITIES, SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. Cm Staley commented that he read the letter from Santa Cruz and got the impression that if a city is getting a sewer plant expan- sion, anyone outside the city limits would be entitled to a con- nection. (Mural - Rincon Shopping Center) Cm Turner stated that as he recalls the Beautification Committee requested funds to do a mural at the Rincon Shopping Center on one of the walls and asked for some type of report on this item. He stated that he would like to know, from the Beautification Committee, the names of the people who were involved in the project and what response was made to those people who assisted. (Employment Projections) Cm Turner stated that he would like the staff to contact LLL, Sandia, Intel, and General Electric, to find out what their employemnt pro- jections are for the next five years and what needs might be requested to be met by the City, such as a provision of housing for employees, medical facilities, etc. It was explained that the planning consultants visited these facilities asking the same types of questions and perhaps the responses could be updated. (LAVWMA Pipeline Proj.) Cm Turner stated that he read in the Oakland Tribune that Gib Marguth, Chairman of Zone 7 Board, has stated that he has never talked to anyone in the Valley who is in favor of the LAVWMA pipeline, and he feels the City is trying to get the pipeline because 87.5% of the cost will be grant fundable. Cm Turner commented that if the statement in the newspaper was correct and this is what Mr. Marg th ~sai ,he, stat~ment is an irresponsible statement. Mr. Marguth ~ attended a LAm~ meeting during which time the pipeline project was discussed and he undoubtedly has not read the report from the engineers either. (Security Ordinance) Cm Kamena stated that he would like to know if the matter of security requirements for homes being sold (dead bolt locks, etc.) will be coming to the Council in the way of a report, of if the matter has been overlooked, or if it is cominq in the way of an agenda item. The staff was going to investigate the method for paying for the installation of the safety devices such as payment from the escrow account, or other means. Mr. Parness indicated that the matter has not been overlooked at all, but rather the matter is being considered in conjunction with the matter of the building inspection report. This would involve a major change in the ordinance, new fees, etc. The ordinance draft CH-33-45l April 4, 1977 (re Security Ord.) has been prepared, the Board of Appeals has met to discuss the con- tents of the ordinance, and they have opposed some of the requirements but did support the fee arrangement. The ordinance should be in front of the Council for discussion in about two weeks. (re Reuse of Gray Water) Cm Staley wondered if, under the City's ordinance, it is legal for a citizen of Livermore to reuse gray water or is there any reason such should not be allowed. The City Attorney commented that it is a recharge of the groundwater and it mayor may not be significant. Any modification of the plumbing system would violate the Uniform Building Code - a modifica- tion to water the lawn with gray water, for example. Cm Staley commented that this may make a difference and there may be some allowance, if the City is in a drought situation. Mayor Tirsell stated that Zone 7 refuses to say that the City is in a drought situation. They want everyone to conserve, but it is difficult to justify turning off the fountain, not watering medians, parks, recreational facilities, etc., when we are not under a bona fide drought mandate from Zone 7. She stated that she has asked them a number of times if we are in a drought situa- tion and they say we are not. This is a serious philosophical question because if we are in a drought there are many things the City and citizens have to do. At this time there is no restriction on the use of water. Mr. Lee stated that the use of gray water does create some health problems, because this is dealing with contaminated water. Unless there were an overriding need to conserve the gray water, the regula- tions and problems which might arise would be substantial. In this Valley it wouldn't be advisable at this time. Item noted for filing. (LA'~ Meeting) Mayor Tirsell commented that after the last Council meeting, the meeting adjourned to a LAVWMA meeting and if the City Clerk needs the action taken at the meeting it was recorded and those minutes should suffice for any insertion in the Council minutes. (Value Giant) Mayor Tirsell stated that the Value Giant has been purchased by the Payless people in Oregon who are very interested in making the site beautiful. One of the major complaints has been that there are no trash containers available and the trash ends up in the corner of the shopping center. She asked that the staff ask that they provide trash containers in front of the store to help alleviate the candy wrapper trash problems. (T-Shirt Designs) The staff was asked to write to Barbara Kamena to thank her for the creative designs for the Council's t-shirts, and that it was this inspiration that created the winning edge for the soccer victory. The team lived, and this was a win. CM-33-452 April 4, 1977 (County Board of Supervi sorsivorkshop) Mayor Tirsell commented that the County Board of Supervisors have planned a workshop scheduled for April 7, on the County's General Plan amendmen~, and perhaps the staff could find out if the Council could be invited to hear their comments. (Vacation Schedules) Mayor Tirsell suggested that the Council give their vacation schedules to the City Manager so that the budget session could be worked in with the schedules. (Mechanical Park) Mayor Tirsell stated that LARPD is considering a park for people to ride their dirt bikes and they are thinking of an area close to town so the bikes can be pushed to the park. The staff might contact LARPD and inform them that perhans the noise levels should be monitored by the Noise Abatement Committee at Carnegie Park, Vasco,and Diablo Road, so this technical information will be available for their consideration. ORD. RE ZOo ORD. AMEND. - SPRINGTO~VN ON MOTION OF CM STALEY, SECONDED BY eM K&MENA, AND BY UNANIMOUS VOTE, THE COUNCIL INTRODUCED THE ZOo ORD. AMEND. RE ZONING CHANGE FOR THE SPRINGTOWN AREA, AND WAS READ BY TITLE ONLY. CITY MANAGER STATUS REPORT Budget The staff has been working on the 1977-78 fiscal year budget and the picture is very bleak. CETA Program The City staff has been interviewing people for the CETA Program. The City has 25 slots to fill, and 10% must be filled by April 15. Hopefully, the State Employment Development Department will be able to help but they are not particularly enthused about giving assistance. Roller Rink The roller rink on First Street is now open. They opened over the weekend and apparently it is very nicely appointed. ADJOURNMENT There being no further Council business, the meeting at lO:55 p.m. ~.,.. 7J-l Z!?~ ~ -/.0 ayor ~ Mayor adjourned the APPROVE ATTEST CM-33-453 Regular Meeting of April 11, 1977 A regular meeting of the Livermore City Council was held on April 11, 1977, in the ~unicipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:03 p.m. with Mayor Tirsell presiding. PROCLAMATION Mayor Tirsell proclaimed the week of April 17-23 as National Library Week recognizing the library's rich treasures offered to residents on a year round basis. ROLL CALL Present: Absent: em Kamena, Turner, Staley and Mayor Tirsell Cm Dahlbacka (Excused Business) PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. MINUTES - 3/28/77 p. 430 - Under LA~~ Project - 6th paragraph should read: Mr. Harding commented etc. ON HOTION OF C~1 KA~mNA, SECONDED BY C~1 TURNER AND BY UNANIMOUS VOTE, THE ~HNUTES FOR THE ~mETING OF ~'tARCH 28, 1977, WERE APPROVED AS CORRECTED. OPEN FORm1 (Recall Election Code and General Plan) Paul Tull, 2243 Linden Street, expressed concern regarding the 1977 Election Code recall provisions in that there is nothing eliminated as a possibility for grounds for a recall. He also expressed concern of the City's General Plan regarding water versus land in the year 2030. (LAVWMA Agreement) Don Miller, 2862 Waverly Way, stated that the 6th draft of the LAm~1A agreement was not available for the public in the City Council agenda packet and suggested that before a vote is taken on this important matter that the public be aware of the changes taking place. The Mayor pointed out that copies of the agree- ment were not supplied by the attorney before the Council agenda was prepared and distributed. (Building Permits) Jerry Wilverding, 4886 Primrose Lane, stated that he read an article in the newspaper regarding 58 building permits and in- quired if they related to the extension of Springtown Boulevard. ~he Mayor pointed out that the negotiations for that extension have not been finished. CM-34-l April 11, 1977 (Recycling) Lois Hill, 874 Adams Avenue, stated that since copies of her new proposal for recycling in Livermore have been distributed to the City Council that the subject be placed on the agenda as an item. This subject will appear on the agenda for April 25. MOTION TO INSERT ITEM UNDER UNFINISHED BUSINESS Mayor Tirsell asked for a motion to suspend the rules and insert an item under Unfinished Business to discuss the proposed LAVWMA agreement revisions. ON MOTION OF MAYOR TIRSELL, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE LAVWMA AGREEMENT DISCUSSION WAS INSERTED UNDER ITEM 3 OF THE AGENDA. COMMUNICATION RE INCREASED RATES FOR UTILITY SERVICES In response to the City Manager's letter dated March 23, 1977, regarding concern of increased rates for utility services, the Public utilities Commission assures that each request for increased rates is thoroughly reviewed and evaluated by the Commission before any change in rates is granted. PROGRESS REPORT - DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS This progress report was mailed to all members of the Upper Creek Urban Study's Management Task Force to inform them of the progress of the study. The scheduled completion date for the study is now August 1980. No meeting of the Management Task Force is planned at this time. 'vhen the study reaches a point where policy matters need to be addressed, a meeting will be held. Mayor Tirsell instructed the staff to write Colonel Flertzheim and request a preliminary draft as our support was based on the idea that we would be kept up to date so that we can be assured of the necessity to move on to a new phase. RESPONSE - LEAGUE OF CALIFORNIA CITIES RE INSURANCE COSTS Clark Goecker, Assistant Director of the League, replied that the League's Administrative Services Committee has been working in the area of regulating insurance rates for two years now and while they have made some progress in terms of better understanding of the problems, they have not found a solution that will establish a competitive market at reasonable premium rates once again. Cm Staley has talked to Assemblyman Mori and will pursue this matter further at the League of California Cities. CM-34-2 April 11, 1977 COMMUNICATION RE SALE AND USE OF FIREWORKS The Mayor stated that since fireworks are prohibited by law both in the County and City this year that it would not be reasonable for the City to treat the citizens to a disolav. She further stated that considering the fire hazard we are facing this year, she would ask the citizens of Livermore to abstain from the purchase and use of fireworks. COMMUNICATION -ALAMEDA COUNTY CITIZENS AGAINST VALLECITOS The Alameda County Citizens Against Vallecitos requested the City Council's support of their stand against license renewal to ooerate the GE Test Reactor (GF.TR) at General Electric's Vallecitos Nuclear Center. Mayor Tirsell as well as the entire Council agreed that they are not prepared to take a position on this matter since they are not knowledgeahle in this field. It was agreed, however, to transmit a copy of the Alameda Citizens' letter and a copy of GE's response to the Council to Congressman Stark. DISCUSSION RE LA'~~1A LTPA AMEND~mNTS - SIXTH DRAFT The Council discussed the sixth draft to the LAVW~ Joint Powers amendment, and adopted various changes, with instructions to the City Attorney to make changes or clarify some of the wording, to read as follows: VI - Definitions, "(c) "Auditor"; "(f) "Capital Expenditures; "(g) "Commitment"; "(p) "Treasurer" - all approved. 2. IX (Board Meetings), "G. shall read as follows: Vote or Assent of Board: A simple majority vote of a quorum shall be required to approve the business of the Agency, except that any vote on Capital Expenditures as defined in Paragraph VI (f) shall require a unanimous vote of all the members of the agency board. The-VO~ilssent, or aoproval of members in any matter requiring such a vote, assent or approval hereunder shall be subject to and evidenced by a certified copy of the resolu- tion of the governing "bOard of such member filed with the Agency, upon the request of any member of the board or councils of the parties hereto when -s-wc~reC[u~st:JLS made within eight (8) days follm"ing the vote of the Agency. -- 3. X - approved. 4. XI (General Powers) "A. (1), (2), (3), (4), (5), and (6) approved. (7) to read as follows: (7) To incur debts, liabilities and obligations for Capital Expenditures as follows: (a) For the purpose of constructing a project to rectify the wastewater disposal problems in the Livermore-Amador CM-34-3 April 11, 1977 (LAVWMA JPA - Sixth Draft) Valley which are more particularly identified in the July, 1976 Project Report and the Harch, 1977 Reclama- tion Reuse and Export Alternatives Evaluation Report and the solution of which will require, based upon E-O growth projections to 1996 prepared by the Depart- ment of Finance of the State of California, a disposal capacity of approximately 15.62 million gallons per day (the flow for the average day of the maximum month). The Agency may incur debts liabilities and obligations for Capital Expenditures in an amount, exclusive of sub- ventions and grants, necessary to fund the local share of the 15.62 million gallons per day project, without submission of the proposal to the electorate of the Agency. (b) Totally redrafted as follows: The Agency may not, for the purpose of avoiding the vote of the electorate referred to in (c) below, incur debts, obligations or liabilities for Capital Expenditures in separate transactions which combined would exceed the local share of the 15.62 MGD project set forth in (a) above. (c) change word "voters" to electorate . (d) change word "voters" to electorate. (8) To enter into contracts with any or all of the original parties to allow the purchase of any unused capacity up to 1 MGD which may exist now or from time to time....~etc. (9) Reinserted - To exercise any power common to the Parties and to advise the Parties in the exercise of indi- vidual powers possessed by said Parties, provided that same powers are exercised in furtherance of the purposes of this Agreement." 5. Paragraph "XII "H. - approved. 6. Paragraph "XIII. Restrictions Upon Exercise of Power of Agency - approved. 7. Existing Paragraph XVI renumbered as hereinafter provided and a new paragraph as added as Paragraph XVII to read as follows: "XVII. Discharge Hold Harmless. Dischargers shall cause their effluent to meet applicable Federal and/or State discharge requirements and to cause said effluent to be monitored to determine whether or not said Federal and/or State discharge requirements are being met for said discharge and the combined effluent to be transported through the project pipeline. The Dischargers shall cause records of their monitored effluent to be available for inspection by employees or representatives of Agency during normal working hours. The Agency shall establish a system for the transmission of uarterly reports on effluent ua1ity to the East Bay D1SC argers Aut or1ty rom each D1scharger. If the combined effluent of all Dischargers at the point of ultimate discharge into the receiving water fails to meet discharge requirements, the Discharger or Dischargers respon- sible for the violation shall be solely responsible for any fines levied or criminal sanctions imposed. ~~/t~t$/t~~~t~ the Discharger or Dischargers responsible for the violations shall hold harmless the Agency and the other non-violating Parties to this Agreement from all liability and/or damages incurred by said Agency and/or Parties to this Agreement as a direct and proximate result of said violation, including, CM-34-4 Aoril 11, 1977 "XVII. (Discharge Hold Harmless Continued) but not limited to, legal, engineering, and administrative expenses and direct ~t t~~tt~~t damages incurred by the Agency or by any non- violating Party to this Agreement as a result of a cease and desist order or court injunction from any State or Federal agency. t~$ttt~tt~~ ~~~$tt~~tt~~ ~tt~t~ t~~ a~tt~~t~tt~~~~ ~t~tt~ ~t $~t~ ~~~~~1 ~t ~~~f~t~~~tt~~/~~tt1 t~ t~t$ ~~t~~~~~t. In the event two or more .......etc. 8. Paragraph XVIII (Withdrawal of Parties) amended to read as follows: "XVIII. Withdrawal of Parties. The withdrawal of a Party from the Agency shall not be effective during the period of time that the Agency is engaged in making Capital Expenditures as defined in Paragraph VI (f) or has any debts, liabilities or obligations outstanding incurred for Capital Expenditures, or during the time that any revenue bonds of the Agency are outstanding. Subsequent to Commitment by the Agency as defined in Paragraph VI (g) and subsequent to the retirement of any outstanding revenue bonds, any Party may withdraw from this Agreement provided written notice of such intention to withdraw has been transmitted to other Parties at least five (5) years in advance of the actual date of withdrawal. The notice of withdrawal shall be in resolution form and approved by a four-fifths (4/5ths) vote of the entire governing board of the withdrawing Party. A Party's notice of withdrawal may be given at any time and shall be effective upon date o~ receipt. A withdrawing Party shall continue to be obligated for the debts, obligations and liabilities for Capital Expend- itures and operations and maintenance costs incurred by the Agency in connection with that project described in Para- graph XI-A-(7) after notice of withdrawal has been received. Except as provided herein, a withdrawing Party shall not be obligated for debts, obligations and liabilities incurred for Capital Expenditures, or operations and maintenance costs which do not relate to that project described in Paragraph XI-A(7), and which are InCUrred by the Agency subsequent to the receipt of a party's notice of intention to withdraw. A withdrawing party shall continue to be responsible for its share of the general budget during the five-year withdrawal period. 9 . Approved. "XXI. Successors: A~signment. - Approved 2. Capital Expenditures. ~1idd1e of paragraph will read: The Agency shall, as specified in subparagraphs (b), (c) and (d) of Paragraph XI, A, (7), submit t~ttt~~~1 to the voters within the jurisdiction of the Agency, prior to commitment, any proposals for issuance of bonds to fund any project to be undertaken by the Agency in excess of the 15.62 MGD project local share funding. If the electorate should reject any ballot measure submitted to it by the Agency the Agency shall not be prevented from utilizing the provisions of Paragraph XI, A, (7) (a). ~~t~t~t~~;r;r~~~~t~~ t~t ~ ~t~ff~~t ~1 ~~~t~~t ~~~~~~t$~ ~~~tt~~ ~1 ~~~. NO OTHER CHANGES TO DRAFT. CM-34-5 April 11, 1977 REPORT RE PROP. 2 PARK FUND DIST. The City Manager reported that with respect to the proposition 2 Park Fund distribution, the County Board of Supervisors have voted to allocate only 78% to the respective jurisdictions, rather than 100% based on a per capita allocation. The remaining 17% and 5% would be diverted to the East Bay Regional Park District and his- torical projects, respectively. The distribution formula requires the approval of 50% of the elegible jurisdictions prior to May 1, and if 50% of the jurisdictions do not approve of the formula there will be no funding for this year. At this time the only jurisdictions favoring the County formula are San Leandro and Piedmont. It is recommended that the Council adopt a motion reiterating the position that Proposition 2 funds should be allocated to local jurisdictions entirely on a per capita basis. However, if the County formula is to be adopted the City would support the list of historical projects recommended for funding and that since our Township is not incorporated within the East Bay Regional Park District, that a portion of the 17% be awarded to our regional park district, LARPD. It was mentioned that the Mayors Conference recommended that the Board of Supervisors allow distribution on a per capita basis for 100% of the funding and the Supervisors will probably be voting on this item again, but the majority of the jurisdictions to receive the funding cannot override the decision of the Board of Supervisors on this issue. Out of the 19 jurisdictions to receive funds, only 2 have agreed with the formula proposed by the County. Janet Newton commented that in the past she asked that the Council sponsor the Heritage Guild in their application to the County Parks Advisory Commission, for a share of the funding. The Council agreed to be the sponsor for the application and since that time the Guild has received approval as well as support of the Commission for the restoration of the Duarte Garage, which the Commission visited and was very enthused about. The Heritage Guild would now request that the City support the vote of the Board of Supervisors to allocate 5% of the bond money for historical projects. The application submitted by Livermore was one of only 5 approved of the 15 submitted by the various other cities. It was suggested that perhaps the Council could take the posi- tion that 5% could be allocated for historical projects with the other 95% distributed on a per capita basis. It is very doubtful that the County will allow 100% distribution on a per per capita basis. The comment was made that perhaps it would be better to receive some funding with $50,000 going towards historical preservation, than to receive no money at all. CM TURNER MOVED TO ACCEPT THE FORMULA PROPOSED BY THE COUNTY BOARD OF SUPERVISORS, WITH THE EXCEPTION THAT 17% SHOULD NOT GO TO EBRPD. THE CITY ALSO SUPPORTS THE 5% TO GO TOWARDS THE PRESERVATION OF HISTORICAL PROJECTS. MOTION FAILED FOR LACK OF A SECOND. CM KAMENA MOVED THAT THE COUNCIL SUPPORT DISTRIBUTION ENTIRELY ON A PER CAPITA BASIS WITH 5% TO GO TOWARDS HISTORICAL PRESER- VATION PROJECTS. MOTION SECONDED BY CM STALEY AND PASSED 3-1 (Cm Turner dissenting). CM-34-6 April 11, 1977 (Prop. 2 Park Fund Dist. Continued) CM ~MENA MOVED TO SUPPORT THE LIST OF HISTORICAL PROJECTS, IF 5% IS ALLOCATED TO HISTORICAL PRESERVATION PROJECTS. MOTION SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. REPORT RE OFF-STREET PARKING PROPERTY ACQUISITION The City Manager reported that a meeting has been held with a Chamber of Commerce Merchants Committee member to discuss the status of the merchants parking lot and abutting property. Prior to proceeding with formulating plans for financial recourses on the vacant land, it will be necessary to obtain prooerty appraisals. It is the recommendation of the staff that the Council adopt a motion authori- zing conduct of an appraisal. CM STALEY MOVED TO AUTHORIZE APPRAISAL OF THE PROPERTY ADJACENT TO THE MERCHANTS PARKING LOT. MOTION SECONDED BY CM ~~NA. Mr. Parness was asked if he believes the property owners would be willing to sell this property to the City if it is appraised and Mr. Parness indicated that the owners will not lease the property and if a financing method can be provided for, the property can always be condemned for public use. Property cannot be condemned in court, without first having an appraisal. The City Attorney commented that state law requires that an appraisal be made orior to any type of action in the way of purchase or condem- nation. In any event, an appraisal will have to be made if the City wants to obtain the property. The appraisal will be a preliminary appraisal for feasibility studies and not the basis of negotiations with the property owners for acquisition. It was suggested that the appraisal be conducted prior to extending the lease or taking any further action concerning the parking lot. After the Council has had the opportunity to review the results of the appraisal the Council can again discuss the item. MOTION PASSED BY UNANIMOUS VOTE. PROCLAMATION RE TEEN SUHHER JOBS The Council adopted a proclamation recognizing the 1977 Summer Jobs for Teens Program, ON HOTION OF C1I1 STALEY, SECONDED BY CH KA~.~ENA, AND BY UNANP10US VOTE. P. c. SU~1r'1ARY OF ACTIOn - 4/5/77 The Council reviewed the Planning Commission Summary of Action from their meeting of April 5, 1977, which included the approval of three home occupation permit applications. There was discussion concerning home occupation permits and the fact that there is a new ordinance being prepared concerning this item and that no new home occupation permits should be allowed until the ordinance has been adopted. cr1-34-7 April 11, 1977 (P.C. Summary Continued) Mr. Gorland indicated that the Planning Commission will be dis- cussing this matter as a study session item tomorrow evening, with the recommendation to incorporate the items suggested by the Council several weeks ago. CM STALEY MOVED THAT THE CITY NOT ALLOW ANY NEW HOME OCCUPATION PERMITS UNTIL THE HOME OCCUPATION POLICY HAS BEEN PREPARED. MOTION SECONDED BY CM KAMENA. The comment was made that there have been virtually no complaints concerning home occupations in the past 20 years and those com- plained about have been dealt with quite fairly. MOTION FAILED 2-2 (Cm Turner and Mayor Tirsell dissenting). CONSENT CALENDAR Res. Rej. Claims The Council adopted two resolutions rejecting claims, as follows: RESOLUTION NO. 67-77 A RESOLUTION RE~ECTING THE CLAIM OF PHYLLIS L. HACHMANN RESOLUTION NO. 68-77 A RESOLUTION REJECTING THE CLAIM OF DONALD GUDGEON Res. Estab. Taxicab Rates The Council adopted a resolution establishing new taxicab rates. RESOLUTION NO. 69-77 A RESOLUTION ESTABLISHING NEW RATES FOR TAXICABS 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 (CETA Resolution) The City Manager asked that the Council authorize acceptance of the contract with Alameda County for the CETA Title VI funds, as an urgency item. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE FOLLOWING RESOLUTION WAS ADOPTED. CM-34_8 April 11, 1977 (CETA Res. Continued) RESOLUTION NO. 70-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (County of Alameda - CETA Title VI Program) (Letter to Major Employer Firms) Cm Turner stated that the letter sent to the major employer firms in Livermore regarding their future employment expectations and needs which might be met by the City, was very good. He would like a report from the City Manager concerning the response to the letter. (Union City Transportation) Cm Turner stated that he visited Union City to discuss their public transportation system which is called, "The Flea". He had the opportunity to ride three different lines which were crowded, and he was impressed with the system being used by Union City. He asked Dick Oliver how Union City managed to provide a system for transportation that appears to be running successfully and he indicated that the city decided to spend $150,000 to run the system for one year and then ask the voters if they would like the system to continue to operate because after the first year the operations would have to be subsidized. People voted in favor of the system and the money from fares are placed into the General Fund. The people from Union City will be sending more information to the City, concerning this type of service and Cm Turner will be preparing a report for Council information. (Japanese Delegation) Cm Staley commented that a delegation from Japan will be visiting Livermore this week and he would like to know the agenda for their visit. Mr. Parness explained the plans concerning the Sister City delegates and mentioned that the City will be presenting them with a gift and a proclamation. (Legislation) Mayor Tirse1l asked the City Manager to report on SB 201 relative to develooment fees and land requirements for school sites; on SB-4 disposable beverage containers; and a bill in the Assembly requiring city elections by districts. (Gravel Reclama- tion Plan Hearings) Mayor Tirsell asked the staff to find out about the Gravel Reclamation Plan hearings, because she is concerned that the City will not be informed about the hearings in time to attend or resoond. CM-34-9 April 11, 1977 ADOPTION OF ORD. RE ZOo ORD. AMEND. - SPRINGTOWN AREA ON MOTION OF CM KM1ENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED AN ORDINANCE AMENDMENT RELATING TO REZONING AREAS IN THE VICINITY OF SPRINGTONN. ORDINANCE NO. 919 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE BY AMENDING SECTION 3.00 THEREOF, RELATING TO ZONING. (Vicinity of Springtown) ADJOURNMENT Mayor Tirse11 adjourned the meeting to an executive session to discuss litigation, as requested by the City Attorney, and then to a 7:30 p.m. study session on April 18th. APPROVE ~ " ,....r..,. ATTEST Study Session and Regular Meeting - April 18, 1977 A study session was scheduled for April 18, 1977, for discussion of East Avenue reconstruction and property development fees. At the close of the above discussions, the regular meeting was called to order, with all Counci1members, except CM Turner, present. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY, THE COUNCIL VOTED UNANIMOUSLY TO SUSPEND THE RULES IN ORDER TO DISCUSS AWARD OF THE CONTRACT TO THE SUCCESSFUL BIDDER FOR EAST FIRST STREET OVERHEAD. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY, THE FOLLOWING RESOLUTION WAS ADOPTED: RESOLUTION NO. 71-77 A RESOLUTION AWARDING BID EAST FIRST STREET OVERHEAD STRUCTURE The meeting then adjpurned. APPROVE --;~ ~"_ ~ .J .I tJ r.1ayor ATTEST ~w~4erk L1vermore, Ca11forn1a :. CM-34-l0 Regular Meeting of April 25, 1977 A regular meeting of the Livermore City Council was held on April 25, 1977, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:04 p.m. with ~ayor Tirsell presiding. PROCLA.'vlATION Prior to the meeting Mayor Tirsell urged local citizens to support the V.F.W. by purchasing Buddy Poppies assembled by disabled veterans and sold annually. ROLL CALL Present: Cm Dah1backa, Turner, Staley and Hayor Tirse11 Absent: Cm Kamena (seated later) MINUTES - 4/4/77 P. 446, middle of the page, 4th paragraph under water conservation item, should read: It was suggested again, by Cm Turner, ....etc. P. 451, under LAVWT1A Pipeline proj., 2nd paragraph, 3rd line should read: statement. Mr. Marguth ~~t ~~1 ~t t~~ ~t~~t t~~~ 7 ~~~t~ ~~~~~t~ ~~~~ ~~~t has never attended a LAVWMA meeting.....etc. ON t10TION OF C!'1 TURNER, SECONDED BY CH STALEY AND BY UNANIHOUS VOTE, THE MINUTES OF THE MEETING OF APRIL 4, 1977, WERE APPROVED, AS CORRECTED. (Cm Dah1backa abstained due to absence at that meeting) . OPEN FORUH (New Industry in Town) Roman '1orkowski, 1987 DeVaca Way, stated that he cannot imagine any industry wanting to come to Livermore when the City is too poor to build a road into the existing industrial areas; too poverty stricken to build a water storage tank; industrial employees may be charged for parking on industry property; and that cannot afford a transport system for employees of existing industry. Corporate bankers are saying that if new industry does not come into the City, existing industry will be punished by increased interest rates. It would seem that the Council should ask for a Congressional investigation to find out exactly what the corporations are doing to the City and the people of Livermore. PUBLIC HEARING RE REZONING FROM RL 5-0 TO R~ & CG (Junction Ave.) A public hearing has been scheduled for the purpose of hearing public testimony on the proposed rezoning of property located at 291 Junction Avenue, from RL 5-0 (Low Density Residential), to RM (Medium Density Residential and CG (General Commercial). Lee Simpson, representing the owners of the property, commented that he feels a higher density will allow a better use of the land and pointed out there is a housing shortage in Livermore and additional housing is in demand. It was pointed out that more than half of the property has been recommended for higher density than was allowed in the past. CM-34-ll April 25, 1977 (P.lI. re Rezoning of Devany Property) No further public testimony was offered concerning the rezoning of the property and no written comments were received. Public hearing was closed. C1 DAHLBACKA MOVED TO ADOPT THE RECOMMENDATION OF REZONE THE PROPERTY TO RL-12-G, AND TO ACCEPT THE DECLARATION INCLUDED IN THE REPORT FROM THE P.C., ING THE FINDINGS HADE BY THE PLANNING COHHISSION. BY CH STALEY. THE P.C. TO NEGATIVE AND INCORPORAT- MOTION SECONDED CM KAMENA SEATED AT THIS TIME. The Council discussed the property and the comment was made that the property is located in a unique area with higher density adjacent to it. For this reason the higher density would be reasonable in this particular case. MOTION PASSED BY UNANIMOUS VOTE. The staff was directed to prepare the ordinance amendment reflect- ing the change in zoning. PUBLIC HEARING RE HOFFHAN CO. DEVELOPMENT - MURDELL & STANLEY AREA (Overaa Property) A public hearing has been scheduled concerning the Planning Com- mission proposed rezoning of the property located at E. Stanley Boulevard and Murde1l Avenue, from PD-15 (Planned Development) , to CN (Neighborhood Commercial). The property was owned by Mr. Overaa and at one time was to be developed by Great American Land. The commercial section of Planned Unit Deve1opment,t15, had the stipulation that construction of the major portion of commercial development must begin by March, 1977, and it has not. The Council is required to review that portion of the PD. The P.C. has reviewed it and has recommended that it be removed from the PD District and rezoned to Neighborhood Commercial. Mr. Gor1and indicated that this is the last remaining parcel in PD-15 to be developed, and if there is no commercial develop- ment there will not be the opportunity for neighborhood commercial in the area, in accordance with the General Plan. This is one of the reasons for the recommendation made by the P.C. Mr. Reiners commented that there was also the concern for the time limit and the automatic reversion out of the Land Use Category. It was noted that there are four options available to the Council, as follows: 1) Rezone from PD-15 to CN; 2) Amend Sec. 19.15 to delete all references to Neighborhood Commercial; 3) Amend Sec. 19.15-B-1(f) to permit extension of commencement date or comple- tion date for development of shopping center; or 4) Rezoning of the site to other districts as found to be appropriate in con- formance with the General Plan. Mr. Gorland noted that the P.C. did discuss housing that might be developed on the property and considered multiple units because it is on a major street; however, this would not be in conformance with the General Plan. CM-34-12 , April 25, 1977 (P.H. re Rezoning of Devany Property) ~1r. Bertoni from the Carlton Group, stated that every time they get someone interested in commercial develooment for that area the time period expires. ~ Gene Church asked for an explanation of the different zoning cate- gories being considered and what type of development would be allowed, which the Mayor explained. R. M. Hiett, indicated that he would be opposed to the development of apartments on the property but he would not object to the develop- ment of additional single family dwelling units even though there is the possibility of two-story dwellings being built on some of the lots. Maryann Hannon stated that she lives in the vicinity of Murde11 and Stanley and she would be opposed to a shopping center being developed in that area. In her opinion, shopping centers are within a reasonable distance to serve the people living in that area. There are vacant office spaces in both the Lucky shopping center by the Library and in the Rincon Shopping Center, and she feels that these vacancies should be filled before more shopping facilities are developed in town. It should be noted for the record that a letter protesting any type of commercial development in that area, was received from Mary Ellen Kordas. Donna Bender, stated that as a working person she feels there are not enough shopping facilities in Livermore because when she goes to shop after work she has to stand in line for 20 minutes at the check-out stand. Mr. Church indicated that he believes there is enough business in Livermore to support another shopping center because he also has to stand in line at the other shopping center grocery stores. ~1r. Bender noted that Hoffman has said he would build a school as well as a shopping center for the people in that area, and neither is being done. Ray Steffani, stated that he would be opposed to the development of apartments on the vacant property and would much prefer to have some type of commercial development. He would also like to suggest that there be some type of green area separating this property from the residential development. Dick Christmas, stated that he would like to see more shopping facilities developed in Livermore because something has to be done about the amount of traffic and people who go to the Safeway shopping center. Bill Fisher, 149 Scherman Court, stated that when he purchased his home he was told that the property along Murde11 and Stanley would be a shopping center. He has a young daughter that would like to be able to go to the store from home but there is no way she would be allowed to go all the way to Safeway on her bicycle. THERE BEING NO FURTHER PUBLIC TESTHlONY, ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. The Planning Commission has recommended that the property be rezoned from PD-15 to CN (Neighborhood Commercial) . The City Attorney was asked if the third alternative would be a problem because of a possible automatic renewal date, and the CM-34-l3 April 25, 1977 (P.H. re Rezoning of Hofmann Property) City Attorney explained that the Council could impose a review period and have the ordinance written so that it would not have an automatic renewal. Mr. Gor1and was asked if the P.C. discussed zoning the area for multiple dwellings and Mr. Gorland explained that this was dis- cussed and the majority of the P.C. felt it should not be zoned for multiples. CM STALEY MOVED TO ADOPT THE THIRD ALTERNATE - TO AMEND SECTION 19.15-B-l(f) TO PERMIT EXTENSION OF COMMENCEMENT DATE OR COMPLE- TION DATE FOR DEVELOPMENT OF A SHOPPING CENTER, AND TO DIRECT THE STAFF TO PREPARE A RESOLUTION OR WHATEVER IS NECESSARY TO AMEND THE PUD TO CONFORM TO THE LAW AND TO TAKE CARE OF THE AUTOMATIC REVOCATION PROBLEM. MOTION SECONDED BY CM KAMENA. The Council discussed the motion. INCLUDED IN THE MOTION WAS THAT ANY DEVELOPMENT WOULD BE DEVELOPED IN ACCORDANCE WITH THE MINIMUM STANDARDS OF THE CN ORDINANCE. ADDED PORTION FAILED FOR LACK OF A SECOND. Further discussion took place concerning the m1n1mum standards of the CN Ordinance vs. the conditions of the PUD. It was suggested that perhaps the staff could prepare the new PD with the appropriate amendments, including the minimum CN standards, for the Council to review. The comment was made that this item has to go back to the P.C. for comment and then back to the Council again. Since the Council does not have the PD or CN Ordinance to review, perhaps it would be best to wait a couple of weeks and discuss it again. The argument was made that if the Council wishes the area to be developed to CN standards, why not rezone it to CN? If the Council does not wish to rezone the area to CN, the PD standards allow for more control over development anyway and it would seem that the motion addresses the spirit of minimum require- ments. C~1 DAHLBACKA MOVED TO AMEND THE MOTION TO REFLECT THAT IT IS THE INTENT OF THE COUNCIL TO GO AHEAD WITH THE THIRD ALTERNATIVE, RE- FERRING THE MATTER BACK TO THE PLANNING COMMISSION FOR ESTABLISH- ;-,tENT OF MINIMUM STANDARDS, BASED ON THE CN ORDINANCE. AMENDMENT SECONDED BY MAYOR TIRSELL. AMENDMENT FAILED 2-3 (Cm Kamena, Turner and Staley dissenting). The argument was made that the requirements for PUD are very use- ful for development of housing, but not for commercial. It was not intended that the PUD would override the concerns of the CN Ordinance. MAIN MOTION PASSED 3-2 (Cm Dahlbacka and Mayor Tirsell dissenting). The comment was made prior to the motion that the property will probably never develop as commercial property because it has not done so in seven years. The area is cut off on the north by the railroad tracks, and from the south by the quarry, and people cannot get to this area to shop and for this reason people will probably never develop it for ~hopping facilities. I~.~ ~ ~i~~~ ~t -d~ ~~,.~\ \ ~. CM-34-l4 April 25, 1977 RECESS Mayor Tirsell called for a brief recess after which the Council meeting resumed with all members of the Council present. ~ COMMUNICATION FROM COUNTY RE P.H. RE LIVERMORE-AMADOR VALLEY GEN. PLAN AMEND. The Council received notification from the County Board of Supervisors, of a meeting (work session) to be held on Thursday, May 5, 1977, at 11:00 a.m., relative to the Livermore-Amador Valley General Plan Amendment. Letter noted for filing. COMMUNICATION FROM ACTEB-ACAP RE TITLE VI FUNDS The Council received a letter of response from ACTEB-ACAP concerning the City's request to reopen the bidding process for the second round of funding under the new Title VI Program. The letter indicated that too much time and effort would be expended to go through this kind of process and they have determined that re- opening of bid applications will not be granted. Item noted for filing. COMMUNICATION RE SITE DEVELOP. PLAN APPROVAL (Rock House) The County Planning Department has notified the City that the Site Development Plan for the Caratti/Gondolfo property (Rock House) has been approved, subject to public water and public sewer connections. Keith Fraser, attorney representing the property owners, discussed the plans for the site development with the Council and furnished a model plan of the property with a display showing the location and reconstructed Castle, and the Rock House. He explained that the Rock House arches were preserved, with demolition of the struc- ture behind the arches. The owners, intended to reconstruct the Rock House, with preservation of only the arches. Mr. Gor1and read a letter which was sent to the Alameda County Planning Commission relative to the referral concerning the proposal to demolish the building and leave the arches and to develop the building as a convenience market. The Planning Com- mission indicated that they were opposed to the zoning and the proposed use and the only reason they submitted a favorable recom- mendation was because the arches were of historic value to the City. The letter was submitted to the County on June 27, 1975. The comment was made that the Council discussed this item and approved the use a couple of weeks ago and perhaps it is irrelevant to discuss the matter again this evening. Mr. Gor1and indicated that the structure behind the arches was demolished over the weekend which brought about some adverse pub- licity and the propery owners felt perhaps some additional expla- nation about the site would help clear some of the confusion regard- ing their plans for the site. CM-34-l5 April 25, 1977 (re Site Develop. Plan - Rock House) Randy Schlientz, architect for the building, indicated that the Rock House structure had been condemned and this is the reason it was necessary to demolish it. He explained the plans for the remodeling of the Rock House and the restaurant which will be developed on the site behind the Rock House, known as The Castle. Janet Newton commented that the Livermore Heritage Guild is very interested in retaining the stone arches and rock work that has been done at the Rock House and the Castle. The Guild is very happy that the property owners were able to get the variance which allowed retention of the stone structures while the other portion of the building had to be destroyed. The comment was made by the Mayor that if the property owners were willing to annex to the City the buildings would have better police and fire protection, and people in the City have indicated that they are concerned about the preservation of the structures. The attorney indicated that he will discuss this possibility with the property owners. PROCLAMATION PROPOSED BY CALIFORNIA HWY. PATROL The California Highway Patrol has requested that California cities support May Compliance Month, urging all motorists to participate, voluntarily, in observing the 55 mile per hour maximum speed limit. ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER, AND BY UNANIMOUS VOTE, THE PROCLAMATION WAS ADOPTED BY THE COUNCIL. It was noted that a very convincing argument was presented at the Mayors Conference regarding the direct relationship between the speed limit and the number of traffic fatalities. As the speed limit is being disregarded, the death rate is climbing, in propor- tion to the death rate prior to enforcement of the 55 mph. It was also mentioned that in the interest of saving gasoline and President Carter's plea for the people to use less energy, the 55 mph is a reasonable speed. STATUS REPORT RE NO. LIVERMORE/CHESTNUT STREET INTERSECTION Since the removal of the four-way stop at the intersection of No. Livermore Avenue/Chestnut Street, the Council instructed the staff to conduct a periodic survey of the traffic situation to determine if the four-way stop should be reinstituted. A status report from the Director of Public Works indicates that in the three months period there have been two vehicle accidents due to vehicles which failed to stop at the inter- section. There have been no pedestrian or bicycle accidents and there is no change for the intersection recommended at this time. Report noted for filing. CM-34-l6 April 25, 1977 REQUEST FOR FUNDS - RACES/LARK The City Manager reported that a request has been received from the City's volunteer emergency radio services (RACES/LARK) for financial participation in the purchase of a piece of radio equipment. It is recommended that the Council adopt a motion authorizing the expenditure of $470, from Department 13, for the adquisition of a radio repeater. eM DAHLBACKA MOVED TO AUTHORIZE A CITY FINANCIAL CONTRIBUTION FROM DEPARTMENT 13 IN THE AMOUNT OF $480, FOR THE ACQUISITION OF A RADIO REPEATER FOR RACES/LARK. MOTION SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. REPORT RE CUP APP. - C&P PRODUCE MART The Planning Commission reported on the CUP application by C&P Produce Mart for use of an existing structure located at 3927 First Street, for the sale of fresh produce, within the CS District. The Planning Commission recommends approval of the CUP based on the findings that 1) the site is adequate in size and shape; 2) the site is served by adequate streets to carry the traffic; 3) the use would not adversely affect abutting property; 4) the use would not be in conflict with the General Plan; and 5) the conditions imposed as con- ditions of approval are necessary to protect the health, safety and general walfare. CM KAMENA MOVED TO ADOPT THE RECOMMENDATION OF THE PLANNING COMMIS- SION, AS WELL AS THE FINDINGS LISTED BY THEM. MOTION SECONDED BY CM STALEY AND PASSED BY UNAINMOUS VOTE. REPORT RE CUP APP. - JOHN S. CODD The Planning Commission has recommended denial of the application for a CUP by John S. Codd, to allow conversion of a portion of a commercial building located at 2588 First Street, into a residential dwelling within the CG District. The P.C. recommends denial based on the findings that 1) the site is not adequate in size to provide for yards, etc., as required for residential units; 2) that the site is served by streets and highways adequate to carry the taaffic; 3) there could be adverse affects on abutting commercial uses; 4) the use is in conflict with the General Plan: and 5) that sufficient conditions cannot be imposed to insure the health, safety, and general welfare of future residents of the proposed residential unit. CM STALEY MOVED TO ADOPT THE RECOMMENDATION AND FINDINGS MADE BY THE P.C., FOR DENIAL OF THE CUP APPLICATION. MOTION SECONDED BY CM DAHLBACKA AND PASSED BY UNANIMOUS VOTE. Prior to the vote, Ms. Codd addressed the Council and urged that they reconsider, as the structure was once a residential unit and the exterior will not be altered. Even though there is not sufficient space for a yard the unit will be used to house a single person or a working couple, and not for a family with children. Mr. Reiners indicated that it would be difficult to police the type of tenants allowed. As a policy matter, it could be done but would be difficult to enforce. CM-34-17 April 25, 1977 REPORT RE LIVERMORE RECYCLING CENTER A report entitled, "A New Proposal for Recycling in Livermore", was distributed to the Council by the author, Lois Hill. She stated that her statements are included in the report and she would welcome com- ments from people in the audience. She would also like to see spe- cific recommendations for a home collection program for Council action within a few months. CM DAHLBACKA MOVED TO DIRECT THE STAFF TO ESTABLISH A CITIZENS COMMITTEE TO ADVISE THE COUNCIL ON HOW TO ACHIEVE THE GOALS MEN- TIONED IN THE REPORT FROM MS. HILL, AND TO SUBMIT THE REPORT TO THE COMMITTEE AS A GUIDELINE, WITH THE REQUEST THAT THE COMMITTEE COME BACK TO THE CITY WITH SPECIFIC PROPOSALS FOR IMPLEMENTATION OF THE PLANS. MOTION SECONDED BY CM TURNER FOR DISCUSSION PURPOSES. The Council discussed the point made in the report about having paid staff for the recycling program which could be self-sufficient by 1980, and would be giving a return to the City. Mr. Parness indicated that the staff has been working on a report relative to the feasibility of municipal collection service, at the request of the Council. The report is being modified at this time but will be ready for discussion on May 9. Something the Council should be aware of is that the present garbage collection contract is to expire at the end of this calendar year and he will be discussing the collection franchise with the local company. MOTION PASSED BY UNANIMOUS VOTE. The item will be discussed again on May 9th, when the report from the City Manager is available. REPORT FROM DIR. OF PUB. WORKS RE BART STOP ON MURRIETA The Director of Public Works has written to BART Director Allen advising that the City intends to relocate the BART bus stop south of the intersection of Olivina and Murrieta Boulevard, on the west side of Murrieta, because of traffic problems in- volved with the proposed location at the intersection. The City also intends to pave the area proposed for relocation of the bus stop. of th Ed Schilling commented that in the City of Concord it is common practice for a bus to pull into the right turn lane to pick up or unload passengers. This is what has been recommended by BART and they would prefer that the bus stop be allowed at the north- west corner of the intersection at the right turn lane area. The Council concurred that the staff should indicate to BART that the City approves of the existing BART bus stop which is several hundred feet north of Olivina and if a second stop is to be provided the Council would support the stop south of Olivina, as suggested by the Director of Public Works. Item noted for filing. REPORT RE ADMINISTRA- TION BUILDING CONSTRUCTION The City Manager reported that studies have been conducted by the staff over the past several years on alternate means of financing the balance of the cost for the construction of the City Administration Building, to little avail. The Council CM-34-l8 April 25, 1977 (re Development of City Administration Building) recently authorized our architectural firm to conduct a reassessment of the current building costs and area allotments so as to determine the capital needs. The architect has estimated that with an estimated cost of $60 per square foot, the necessary quarters can be built for the City's total revenue sharing grant - $1, 100,000. It is recommended by the staff that the Council adopt a motion authoriz- ing the preparation of an architectural services contract for the prep- aration of construction plans and specifications for the City Admin- istration Building. The Council discussed the design of the building with the architect's representative, Peter Scott, who also designed the Library. He was asked if the building can be expanded, as needed, and he indicated that it could. The exterior could be made to be compatible with the exterior of the Library, with the exposed aggregate texture, and probably for the same amount of money estimated. It was pointed out that the upper floor of the police building, where the administration portion will be located, is larger than the first floor. He was asked if the additional square footage will result in some type of overhang, and the architect indicated that it may overhang. The reason for this situation is because the original plans for the police building were much larger than those actually constructed. The Council also discussed sources of financing and the fact that the architect should consider the use of energy saving techniques in the construction of the building. Also, the staff should keep an eye open for any grants that might be available to help with the construction costs of the building. Mr. Scott indicated that he has been in contact with ERDA and they have indicated that there is a non-residential solar energy demon- stration grant available in the fall, and the City is on the mailing list for the first information available concerning the grant. Mr. Parness commented that the first public hearing concerning the building of the Administration Building has been scheduled for May 23, with the second public hearing shortly thereafter. At that time a resume of the budget and how the revenue sharing funds might relate to it, will have to be presented. CM STALEY MOVED TO AUTHORIZE THE PREPARATION OF THE ARCHITECTURAL SERVICES CONTRACT, WITH THE REQUEST THAT SERVICES RENDERED BE AS COM- PLETE AS POSSIBLE IN TERMS OF ENVISIONING THE ENTIRE PLAN. MOTION SECONDED BY CM KAMENA. It was mentioned that the City does have credit for some of the architectural services which accrued at the time the architectural firm was originally retained by the City for the police building/City Hall structure. Discussion followed concerning the possibility of local architects being hired for some of the work, as well as local engineering services. The Council indicated that if expertise is sought outside this firm that local people be given a chance to do some of the work. David Eller, 3797 Oregon Way, asked when the design plans for the building were approved and the staff indicated that they were approved in 1967. He stated that he feels the plan is not acceptable and tells nothing about Livermore. It looks like a building designed for a research center and he would really like to see the entire building redesigned and perhaps placed in a different location because it would seem reasonable for City Hall to be located in the downtown area. He added that he would prefer that the revenue sharing funds be spent to purchase the Pentecostal Bible College property which has recently been advertised for sale and consists of 17 acres of land. There would be enough funds to purchase the property and rehabilitate the build- ings located on that site which could be used to house City personnel offices and could also be used for meetings. CM-34-19 April 25, 1977 (re City Administra- tion Building) Paul Tull, 2243 Linden Street, stated that he agrees with the sug- gestion made by Mr. Eller to purchase and rehabilitate the Bible College property and buildings and forget the proposed development. MOTION PASSED BY UNANIMOUS VOTE. REPORT RE NAYLOR AVENUE IMPROVEMENTS (Capitol Metals, Inc.) The City Manager reported that according to the agreement between the City and Capital Metals, Inc. (Danat Investment Co.) certain street construction and public works improvements must be installed along Naylor Avenue abutting the property, by May 12, 1977, or when development occurred on other abutting lands. Since the latter has not happened, Capitol Metals is requesting an additional one year extension for the completion of the improvements. The staff has recommended that the Council adopt a resolution authorizing the one year extension, as requested. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE STAFF RECOMMENDATION WAS ADOPTED. RESOLUTION NO. 72-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Third Amendment to Agree- ment, Public Works Improvements: Danat Investment Company) P . C. REPORT RE COUNTY REFERRAL - REZONING ~QUEST (Ralph Condit) The Planning Commission reported that they considered the referral from the County concerning the petition of Ralph Condit to rezone three parcels of land from the M-P District (Industrial Park) to A District (Agricultural). The Planning Commission recommends approval of the subject rezoning, subject to the approval of the City Council. CM KAMENA MOVED TO SUPPORT THE REZONING TO AGRICULTURAL PRESERVE, SECONDED BY CM TURNER AND PASSED BY UNANIMOUS VOTE. P . C. REPORT RE COUNTY REFERRAL - REZONING REQUEST (Robert Cornett) The Planning Commission considered the referral from the County relative to the petition of Robert Cornett for rezoning from M-P District (Industrial Park) to the A District (Agricultural) for 21 acres of property located at the southwest corner of East Avenue and Greenville Road. The Planning Commission recommends approval of the subject rezoning, subject to the approval of the City Council. ON MOTION OF CM KAMENA, SECONDED BY CM TURNER, AND BY UNANIMOUS VOTE, THE CITY COUNCIL SUPPORTS THE PETITION FOR THE REZONING. P.C. MINUTES 4/5/77 After discussing the minutes of the Planning Commission for the meeting of April 5, 1977, the Director of Community Development was asked to check the requirements listed in the site plan CM-34-20 April 25, 1977 (re P.C. Minutes - 4/5/77) approval for the first phase of construction for the Springtown Boulevard shopping center. There seems to be no requirement mentioned that the grocery store must be part of the first phase. This was definitely a requirement of the City Council's motion and should be listed as one of the conditions. Mr. Gorland indicated that he would make a check. P.C. minutes noted for filing. CONSENT CALENDAR Report re PWEA Title II ARFA Funds The City Manager reported that by federal requirements the PWEA Title II ARFA Funds which have been received must be obligated within six months after their receipt, which will be no later than November 1976. The proposed allocation is for Police and Fire salary adjustments and it is recommended the City Council adopt a resolution authorizing appropriation and transfer of the funds. RESOLUTION NO. 73-77 A RESOLUTION AUTHORIZING APPRO- PRIATION AND TRANSFER OF FUNDS Res. re Program Supplement #1 - PG&E Station Relocation at Isabel Avenue The Director of Public Works reported that Program Supplement #1 should be executed by the Council which will provide for 83% federal funding and 17% local funding, for the PG&E utility relocation on Isabel Avenue. RESOLUTION NO. 74-77 A RESOLUTION AUTHORIZING EXECU- TION OF AGREEMENT (FAU Agreeement #10, Supplement #1 - PG&E Facili- ties Relocation) Res. re Contract Addendum ESIS Service The Council authorized execution of agreement with ESIS, Inc., relative to service from July 1, 1977, to June 30, 1978, for Workers Compensation insurance claims adjusting contractee. RESOLUTION NO. 75-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (ESIS, Inc.) Res. re Program Supplement #4 re Grade Crossing Device The Council adopted a resolution authorizing execution of agreement with the FAU, for federal and state financial participation con- cerning the grade crossing protection devices. CM-34-2l April 25, 1977 RESOLUTION NO. 76-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (FAU Agreement iI, Supplement i4) Report re Issu- ance of Dog Licenses The City Manager submitted a report concerning the issuance of dog licenses which indicates a substantial increase in the number of licenses issued over the preceeding year. Undoubtedly, a notable percentage of the increase is due to the community survey conducted last summer. Item distributed for informational purposes. Reports project status reports from January through March, 1977, were sub- mitted, as follows: Fire Department Personnel Department Finance Department Community Development Building Inspection, Parks and Trees Planning Department, Community Development Public Works Engineering Airport Street Water Reclamation Golf Courses comparative profit and loss statements from January through March, 1977, were submitted as follows: Airport Las positas Golf Course Springtown Golf Course Summary of revenues and expenditures for the nine months ending March 31, 1977, was submitted. Departmental reports: Library, January, February, March 1977 Mosquito Abatement District - February 1977 Building Inspection - February, March 1977 Emergency Services - January, February, March 1977 police Department - March 1977 P.C. Summary of 4/17/77 Meeting The Council received a summary of the planning Commission meeting of April 17, 1977, for informational purposes. Greens Committee Minutes 2/24/77 and 3/31/77 Minutes of the Greens Committee were submitted for the meetings of February 24, 1977, and March 31, 1977. CM-34-22 April 25, 1977 Payroll & Claims There were 184 claims in the amount of $477,719.20, and 292 payroll warrants in the amount of $101,541.54, for a total of $579,260.74, dated April 11, 1977, and approved by the City Manager. There were 126 claims in the amount of $270,459.01, and 286 payroll warrants in the amount of $103,931.90, for a total of $370,187.33, dated April 19, 1977, 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. DISCUSSION RE PROPOSITION 2 PARK FUNDS The City Manager reported that he has just received word from the County that the formula approved by the Board of Supervisors for the Park Funds, Proposition 2, is as follows: 85% will go to each city, 15% to EBRPD and LARPD, and 5% for historical preservation purposes. CM TURNER MOVED TO SUSPEND THE RULES TO ALLOW THE COUNCIL TO TAKE ACTION ON AN ITEM NOT LISTED ON THE AGENDA. MOTION SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. CM TURNER MOVED TO SUPPORT THE COUNTY BOARD OF SUPERVISORS DISTRI- BUTION FORMULA FOR ALLOCATION OF THE PROPOSITION 2 FUNDS, SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. RESOLUTION NO. 77-77 A RESOLUTION APPROVING DISTRIBUTION OF PROPOSITION 2 FUNDS MATTERS INITIATED BY THE COUNCIL (Truck Parking) Cm Turner stated that he has received complaints about a large truck parking on the corner of Via Del Sol and Tina Way. He asked that the staff check into the complaint. (Livermore Arcade - Parking for Handicapped) Cm Turner stated that he has received a request for the City to contact the merchants in the Livermore Arcade Shopping Center, to request that there be more parking available for the handicapped and to provide ramps for wheelchairs. Mayor Tirsell commented that she was also going to ask the staff to check into this problem, as she has received complaints. Handi- capped parking is now being required with all new construction and the Police Department will be allowed to tow away cars parking in these designated parking spaces. She asked that this item be discussed as an agenda item. The Council needs to adopt a resolution authorizing the Folice Department to go onto private property. CM-34-23 April 25, 1977 (re COVA) Cm Kamena commented that he would like the Council to reconsider participation with COVA. COVA will be continuing until June and he would like the Council to discuss this as an agenda item some- time prior to June. CM KAMENA MOVED TO DIRECT THE STAFF TO PLACE THIS ITEM ON THE AGENDA FOR DISCUSSION AT THE MEETING OF MAY 9. MOTION SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. (Citizens Band Operators) Cm Dahlbacka asked if the Civil Defense Office is working on a plan that will provide for the assistance of citizens band opera- tors during an emergency. He explained that this is not the same as the RACES/LARK group for which radio equipment is being pur- chased. (Rotary Concert) Cm Staley noted that the Rotary Club has been working on the pro- motion of a concert to be given by Mel Tillis, for the purpose of raising funds for lighting Robertson Park. He stated that he would like the staff to prepare a proclamation declaring the week of May 16th through May 22, Light Robertson Park Week. (City Insurance) Cm Staley commented that he received a letter from an insurance company who would be interested in bidding for next year's insur- ance, and introducing a different concept. He would suggest that the letter be referred to to staff to be brought back to the Council at an appropriate time for discussion, prior to the expiration date of the City's insurance. (Handicapped Bus Needs Study) Mayor Tirsell reported that the Board of supervisors will be working on a transportation study relative to the needs of the handicapped for bus service, which COVA is trying to get funds for. supervisor Raymond would like to know if cities will be favorable to the suggestion of helping with the funding for such a study. (Truck Parking) Mayor Tirsell stated that large diesel trucks have been parking along East Avenue in front of the Rhonewood Apartments over the weekend. The drivers are detatching the trucks from the trailers and leaving the trailers sitting on the street. The staff was asked to check into the possibility of a two hour parking limit in that area to eliminate the problem. CM-34-24 April 25, 1977 (Holiday Decorations) Mayor Tirse11 stated that the Beautification Committee has been working on the matter of holiday decorations for the City and whether or not the decorations should be funded, or how much should be funded. Perhaps members of the Beautification Committee should contact the city of Walnut Creek because they have been giving cash awards for innovative designs. The City Attorney commented that he believes if the amount of cash is a reasonable amount and would benefit the beautification of the downtown area, it would be a proper use of public funds. It was suggested that the Beautification Committee also discuss this item with the Chamber of Commerce because the Chamber has always been involved in the plans for holiday decorations for the City. (Councilmembers Per- sonal Identification) Cm Turner stated that when he first came on the Council he suggested that the Councilmembers have a means of personal identification, and he would like to have this matter discussed as an agenda item. ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE STAFF WAS DIRECTED TO PLACE THIS ITEM ON THE AGENDA FOR DISCUS- SION. CITY MANAGER STATUS REPORT Police Department Mr. Parness reported that recently someone approached two off-duty police officers and asked them if they would be interested in pur- chasing a stereo. The two officers accompanied the person to his car and discovered that the stereo set, as well as the car had been stolen. Railroad Avenue Bids Bids have been received on the Railroad Avenue Extension Project. The bids are good, are subject to the Council's review, and will be on the agenda next week. The bids were lower than the estimate. "P" Street Sewers There is a problem with the sewers located on "P" Street from the area south of Fourth Street, in the old section of the City. The line is a 10-inch line and unfortunately, the line may be in a very bad state of disrepair. Workers have tried to televise the line, but have not been successful, and it may be necessary to arrange for some emergency construction work to take place along that area. Farming Operations The City has a very good crop of hay at the airport which is in the process of being cut. The City is expecting a very good return. CM-34-25 April 25, 1977 Water Conservation Kits Water Conservation kits are available at City Hall, in the Public Works Department as well as the Finance Department. Hopefully, people will use the kits, and they are available without charge. Water consumption by the water users is going down which indicates that people are trying to conserve water. Airport California Air Service has announced its intention to cancel operations because of economic problems, according to that firm. The staff is not satisfied with this excuse and have noted several complaints regarding the lack of service - lack of maintaining a schedule and appointments. The staff would like to file an objection with the PUC for their cancellation notice because if Livermore is cancelled it would be very difficult to attract any other competing facilities of this type, unless the Council objects to filing the objection with the PUC. In connection with the airport, a prospective FBO has been in contact with the staff. Mr. Lee has prepared a cronological and historical reading of how many prospective FBO's have been interested in the City. The report covers about two pages but this prospect does appear to be more interested than some of the others. CETA Pro9ram The CETA Program is slowly beginning. There is a problem in trying to get all of the paperwork done with the limited staff available. EDD has been helping the City, but they are no longer helping, and the County has not been helping with administrative expenses. Also, it is extremely difficult to find people who qualify for the jobs under the dictates of federal regulations. Out of the 22 allocated positions, 6 people have been found to fill some of the jobs, in the first round of funding. Unemployment Ins. Seminar The City Manager attended an Unemployment Insurance Seminar with the Director of Finance, Mr. Nolan, which was very informative. It is very likely that unemployment insurance will be imposed on cities in California very soon and three options are now being considered. One alternative would be a type of pooling of insurance coverages for cities. School Districts have been pooling and find this method fairly acceptable. police & Fire Departments Football Game The police Department and Fire Department are planning a football game and Mr. Parness expressed concern for the possibility of any injuries that might be sustained and the inability of any of the members to return to work. The City does not have suffi- cient personnel in either of these departments to cover for someone who may not be able to work. CM-34-26 April 25, 1977 Multi-Service Center The-City has received 16 applicants for space in the Multi-Service Center. The 16 applicants are able to pay the rent and this is very encouraging because the City would like the building to be self-sustaining. The City cannot afford to pay any of the upkeep costs. ~he Social Services Committee will make a repot as to which tenants should occupy the building, from the standpoint of services to be offered and their ability to pay for space. Bids for the building have been postponed and the staff intends to ask for permission to advertise for bids sometime in July. ADJOURNMENT Mayor Tirsell adjourned the meeting at 11:35 p.m. to the LAVW~ffi meeting tomorrow night, Tuesday, April 26, 1977, at 7:30 p.m. at the P1easanton Justice Court, 30 West Angela Street. APPROVE ~j,_ -rn ~. , ' Mayor ATTEST CM-34-27 Regular Heeting of Hay 2, 1977 A regular meeting of the Livermore City Council was held on May 2, 1977, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:07 p.m. ROLL CALL Present: Cm Dah1backa, 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. MINUTES - 4/11/77 ON MOTION OF CM TURNER, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF APRIL 11, 1977, WERE APPROVED, AS SUBMITTED. (Cm Dahlbacka abstained due to absence at that meeting. ) CHANGE IN AGENDA FORtlAT Mayor Tirsell asked that since the Council has scheduled a public hearing, the Council close the public hearing if there is no public testimony and move to the agenda item (4.1), relative to pedestrian safety devices for Holmes Street at Vancouver, because there are people in the audience who are attending the meeting to discuss this item. ON MOTION OF CM KA}1ENA, SECONDED BY CM TURNER, AND BY UNANIMOUS VOTE, THE COUNCIL SUSPENDED THE ORDER OF BUSINESS TO HOLD THE PUBLIC HEARING AS THE FIRST ITEM OF BUSINESS AND THEN MOVE TO ITEM 4.1, HOLD THE OPEN FORUM AND THEN CONTINUE WITH THE SCHEDULED ORDER OF BUSINESS. P.H. RE WEED ABATEMENT All property owners who have been notified to abate weeds, remove rubbish, refuse or dirt, are allowed to express protests, as pro- vided in the public hearing process, and the audience was asked to give testimony concerning the weed abatement notices. A total of 385 parcels have been posted and notices have been mailed. At the close of the public hearing it is recommended that the Council adopt a resolution directing the procedure to abate weeds. THERE BEING NO PUBLIC TESTIMONY AND NO WRITTEN COMMENTS, ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. ON MOTION OF CM KkMENA, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, A RESOLUTION ORDERING ABATEMENT OF WEEDS, WAS ADOPTED. RESOLUTION NO. 79-77 A RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC NUISANCE AND DIRECTING THE SUPER- INTENDENT OF STREETS TO CAUSE SAID PUBLIC NUISANCE TO BE ABATED. CM-34-28 May 2, 1977 DISCUSSION RE SAFETY DEVICES - (Holmes St. Vancouver Intersection) Mr. Parness stated that the staff does have a report to be pre- sented to the Council but the staff has not had a great deal of time in which to gather information on the matter of safety devices for the Holmes Street/Vancouver intersection. The City is awaiting information from the Department of Transportation which has jurisdiction over traffic safety and traffic regulatory devices along a state highway and Holmes Street is a state highway. The City of Livermore is precluded from installing traffic signal devices without the approval and review of CAL-Trans. . Mr. Lee, Director of Public Works, reported that the ultimate and best solution to the safety problem at that intersection will be traffic signals. This is one of the intersections being recom- mended for traffic signals, in the Citv's six year priority list. The City has been able to finance one traffic signal per year and there are many intersections in the community that need the safety of traffic signals. The accident record has not been as high at this intersection, as compared to other intersections in the City, up until recently. The volume of traffic at the inter- section is 3,500 at Vancouver and 4,800 at El Caminito. Mr. Lee commented that CAL-Trans has been asked if they would be willing to participate in the financing of a signal for that intersection and a response has not been received, as yet. However, from past communications they have indicated that they have little money to help finance projects which have not been previously approved. In this case they may be willing to finance a traffic signal. The estimated cost for a pedestrian-traffic activated signal would be $80,000. Mr. Lee was asked what the time schedule would be for the installa- tion of signals, if CAL-Trans were to agree, and Mr. Lee indicated that it would take no less than six months because delivery of the controls generally causes the delay due to a backlog of the equip- ment. Mr. Lee commented that the traffic installation of signals at Vasco Road and East Avenue was approximately $12,000 but did not include pedestrian crossing devices. Chief Lindgren, of the Police Department, stated that he has sub- mitted a report to the Council outlining the safety measures that are presently at the intersection. There is an adult crossing guard, flashing yellow warning signals that are activated by the guard, and he reported that the history of accidents has been 11 reported accidents since 1962. The accidents resulted in six injuries and a recent fatality, and of the six injuries, five were the result of speeding cars. Police vehicles cannot use radar because they cannot park on the street and he has suggested an alternative means of policing the area in his report to the Council, this would be the use of a radar gun. Chief Lindgren commented that anything that could be done to improve the visibility of the crosswalk would be helpful be- cause it is a state highway and there are many people going to and from the San Jose area who are not familiar with the crossing. He added that a pedestrian count could be taken to see how many children are crossing prior to arrival of the crossing guard or crossing late, after her departure and per- haps her hours could be extended, if this would help. Joy Rhodie, read a prepared statement which indicated that people cross the wide street with limited visibility of the crosswalk area at all times of the day and night and urging that the Council begin now with plans for installation of a traffic signal at that intersection. CH-34-29 May 2, 1977 (Vancouver/Holmes St. Intersection) Ms. Rhodie indicated that it is true that the City will have to share at least a portion of the cost of a traffic signal and a trust fund has been created for a traffic signal and is known as the Tony Thomas Traffic Light Fund, held by Lloyds Bank in Livermore. A committee is also circulating a petition stating a position which vTil1 be presented at the next Council meeting, along with a report on fund raising efforts. The purpose of the fund and the petition is to aid the City in its efforts, on behalf of concerned citizens, and an indication to CAL-Trans that the traffic light is needed and demanded by the sadened, angry, and frightened friends and neighbors of Tony Thomas. The parents of Tony Thomas have indicated that they believe the traffic light would stand as a memorial to their son. Emily Pena, Livermore crossing guard, stated that children cross the streets after school hours because they sometimes stay for scouting activities, etc., after school. She would suggest that the flashing yellow warning light be placed on a timer so that it would continue to flash after the crossing guard leaves the intersection of Holmes Street and Vancouver. Jackie Zukor, 1220 Asti Court, stated that she has spoken with the crossing guard, Mary Truss, who does not agree that the intersection is safe with the crossing guard because she has nearly been killed on three occasions while trying to get the children across safely. Susan Eros, 1244 Vancouver Way, stated that her home is located two houses from the corner of Holmes Street and she has heard in the public testimony that the accident rate and the volume of traffic is not as high as in other areas but she would like to inform the Council about the near accident rate - she hears it everyday in her house. She hears tires squeal during the time the crossing guard is trying to get child- ren across the intersection, as during other hours, and her child was one of those children who was nearly hit while the crossing guard was there. A car was traveling too fast and could not stop and ended up hitting another car. She would like to suggest a crossing guard as well as a traffic light. As far as the flashing yellow signal, it is doing no good because people do not slow down because of it - they don't even slow down for the crossing guard and her life is in danger every day of the week. Don McAllister, 1032 Aberdeen, stated that his children attend Joe Michell School and will be going there again next year. His oldest child is nine years old and he still will not allow him to cross Holmes Street and he drives him to school every morning. He added that it is very difficult to get across the street in a car and many mornings he is nearly hit in the car. Five years ago Mrs. Thomas tried to get signals at the intersection and failed and now her son is gone. Gurnam Sidhu, 1533 Vancouver Way, stated that he is sure everyone would agree this is a very dangerous intersection and Holmes Street traffic is different than the traffic on Stanley Boulevard or East Avenue where there is also a high volume of traffic. Many people traveling along Holmes Street are from out-of-town and many times they are coming into town from an area in which the speed was high. It is difficult to get the drivers to slow down when they have been traveling at a fast rate of speed. Hopefully something will be done before someone else is killed. Theresa and Michelle Lear, 1238 Lomitas Avenue, presented a petition they have been circulating which asks the City Council to place a traffic signal at the intersection of Holmes Street and Vancouver. CM-34- 30 Hay 2, 1977 (re Vancouver/Holmes St. Intersection) Sharon Lear, 1238 Lomitas Avenue, stated that her children were very upset concerning the recent accident at the intersection and she explained to them that there are things children can do to help. The petition they have presented has been signed by children and adults \-lho wanted to sign, and there are about 272 names on the petition. Roman Morkowski, 1987 DeVaca Way, stated that he uses Holmes Street to get to work and he goes from Arroyo Road down Con- cannon to Holmes Street where there is a traffic signal. It is impossible to get onto Holmes Street at Vancouver Way and it has been impossible for years. He would like to suggest that in the interim a stop sign is placed at the intersection immediately, until the signal can be installed. Dick Christmas, 394 Pearl Drive, stated that he has observed cars traveling down Holmes Street at 50, 60, and 70 mph, and there is no policeman in sight. When people are going to work they are sometimes late and are driving as fast as possible and the same is true when then are heading home. He would suggest that the City take some of the funds to be used for other things to be used for additional police personnel, some of which could be used for speed enforcement. It is speed that is causing the problem and resulted in the death of Anthony Thomas. Mr. Zukor, 1220 Asti Court, stated that the City and the state have to participate in the installation of a traffic signal but he believes it is not necessary for a long delay if vocal pressure is presented at the proper time. If the City applies pressure he is sure a signal could be installed within 2-3 months. Jean Thomas, 1044 Aberdeen, Tony's mother, stated that it is very difficult for her to believe that her son was killed and that no changes will be made at Vancouver and Holmes. If that is the case she cannot live with he son's death. The only thing that keeps her going is the hope that the City will eliminate the red tape and put a light at the intersection so that no other child will have to die. Georgia VonDohre, 1231 Vancouver, stated that she is circulating a petition asking for a signal at that intersection. She intends to work with the City but she will promise that something will be done at that intersection. She would urge everyone to join in helping to protect any other child from meeting this fate. Suzy Thomas, Tony's sister, stated that she never believed any- thing like this would ever happen to her family and she finds it very painful. People speed at that intersection and she would also like to ask that a traffic signal be installed. Paul Tul1, 2243 Linden Street, stated that state law requires drivers to slow to 25 mph when there are flashing yellow warning signals. He asked what price could be placed on the life of a child or an adult and what right the bureauacracy has to deny safety devices until a death occurs. Bret Corbett, 1325 Hudson Way, also presented a petition asking for a signal at Vancouver and I~lmes Street, signed by 257 people. Demetra Wilson, 737 South 10M" stated that people are taking a short-cut from 1-680 through Livermore to get to San Jose and the City should not have to cater to out-of-town drivers, they should have to cater to our needs. She would suggest that a 25 mph be enforced on that highway from beginning to end of the City limits. CM-34- 31 May 2, 1977 (Vancouver/Holmes St. Intersection) Nancy Sacks, 1158 Dublin Avenue, stated that she uses the inter- section at Holmes Street and Vanoouver to get onto Holmes Street and it is a very difficult intersection. She added that she is sure many drivers have other things on their minds, other than children crossing the street, while they are driving. The reason she feels this is the case is becuase there have been many acci- dents along Holmes Street, in general. She would be in favor of the installation of a traffic signal with a button for pedestrians when the crossing guard is not there. Mary Truss, the crossing guard, stated that she believes there should be a 25 mph zone between the poles with the flashing yellow lights. It is true that she has nearly been killed on three occasions. She added that she knew Tony and his sister and is so very sorry that something happened to Tony before something could be done to improve the safety at that intersection. Nels Russ, 1558 Helsinki, stated that he agrees with the public testimony which has been presented. He also hears squealing tires and screeching brakes at all hours of the day and night. He would like to know why the citizens cannot have a 25 mph zone anywhere in the City limits. Mr. Reiners indicated that under state law, a motorist cannot be cited with the use of radar, where a traffic survey does not justi- fy the speed posted. This does not say that streets cannot be posted at a much lower level. It merely means that the citations will have no effect if motorists are cited with the use of radar. Roman Morkowski stated that he will be sending a letter to the editor stating his position and would like the public to watch for his letter. The Chief of Police explained that flashing yellow lights warn a motorist of a hazardous condition ahead but does not mean the speed limit is 25 mph. A red flashing light would require the driver to stop and then proceed after coming to a full stop. Discussion followed concerning speed enforcement and earmarking the citations collected from that area, for a traffic signal. The Council also discussed the possibility of a traffic light for the Holmes Street traffic only, and a suggestion was also made for the crosswalk to be moved so that motorists have better visibility of the crosswalk, but ~1r. Lee indicated that motorists do not expect to make a stop mid-block, and this is the situation which would be created if it were moved. Mr. Parness indicated that suggestions can be made but must be approved by CAL-Trans. The staff will be discussing various items with CAL-Trans and will be reporting back to the Council. The Council discussed some of the comments and suggestions presented in the public testimony and the suggestion was made that perhaps the City could increase the intensity of the lights to make them more noticeable to the drivers and to increase the length of hours for the crossing guard. Also, perhaps the 40 mph could be moved further from the intersection because drivers start accelerating once they see the 40 mph sign. The City cannot police that area all the time, so that is really not the answer to the problem. Mr. Lee indicated that the City has no authority to post a stop sign on Holmes Street because it is the property of the state. CM-34-32 May 2, 1977 (Vancouver/Holmes St. Intersection) CM KAMENA MOVED TO AUTHORIZE THE CHIEF OF POLICE'S REQUEST FOR A RADAR GUN, IMHEDIATELY. HOTION SECONDED BY CH TURNER AND PASSED BY UNANIMOUS VOTE. Chief Lindgren commented that the City of San Leandro received a grant that included a radar gun and they have been very impressed with the equipment. He believes the use of radar will offer a temporary solution to the speeding problem in that area. CM KAMENA MOVED TO DIRECT THE STAFF TO Ir1MEDIATELY PURSUE THE NECESSARY HECHANIS11 FOR INSTALLATION OF A TRAFFIC SIGNAL AS SOON AS POSSIBLE, IN THAT AREA. WHATEVER IS NECESSARY SHOULD BE DONE, I-'lITH A REPORT BACK TO THE COUNCIL AS TO HOW IT CAN BE ACCOMPLISHED. MOTION SECONDED BY CM TURNER. The comment was made that there are problems along Holmes Street, in general, and particularly at the Mocho Street intersection. This crosswalk area is also very dangerous and not clearly marked so that motorists might be prepared, in advance, to stop. Also, the soccer field area has a dangerous entrance because there is a sign which says, "no vehicles allowed", but where everyone parks. These two areas should be included in the motion, if the maker of the motion will agree, to ask that these items be the next projects to be considered for Holmes Street. MOTION PASSED BY UNANIMOUS VOTE. IT WAS THE CONSENSUS OF THE COUNCIL THAT THE STAFF SHOULD LOOK INTO IMPROVING THE CROSSWALK SITUATION AT HOLMES STREET AND MOCHO, AND TO CONSIDER A LEFT TURN LANE INTO THE SOCCER FIELD OUT HOLMES STREET TOWARD VALLECITOS. Mr. Lee indicated that he would look into the possibility of placing both flashing yellow lights on a timer, as is one of the lights at the present time. This would allow for the lights to flash even after the crossing guard is gone. Mr. Parness was asked to check into the possibility of getting the speed lowered in that area and perhaps since it is a state highway the California Highway Patrol could help patrol. The existance of the memorial fund was acknowledged with thanks, as this allows anyone interested to donate money for the signali- zation. The suggestion was then made that the hours of the crossing guard be increased with a report on this suggestion to be prepared by the staff. The staff was also asked to consider the streets of Elaine and El Caminito when reviewing safety measures to be considered for Holmes Street. RECESS Mayor Tirsel1 called for a brief recess after which the Council meeting resumed with all members of the Council present. OPEN FORUH (re Historic Preservation) David Eller, 3797 Oregon Way, indicated that as a member of the National Trust for Historic Preservation he would like to inform the Council that the week of ~ay 8 thru f1ay 14, 1977, is National Historic Preservation Week. CH-34-33 May 2, 1977 (re Historic Preservation) Mr. Eller reported that of the 16,000 buildings recorded as historical buildings, more than a fourth have been destroyed or destructively altered and this must be halted. Part of our heritage is in the brick and mortar of past generations and people must act to preserve significant buildings associated with our history. (proposition 2 Funds - Historic Preservation) Demetra Wilson, speaking on behalf of the Livermore Heritage Guild, stated that she appeared before the County Parks Commission to plead for Proposition 2 funds for the restoration and preservation of the Duarte Garage. They visited the garage and have approved funding for the garage, which was one of 14 applications and one of five selected for funding. They have been informed that the City will be receiving $186,000 and that LARPD and the City must approve the expenditure of the funds. She would like to request that the garage be given some of the funding. She stated that an application has to be sent to Sacramento postmarked tonight or hand-delivered tomorrow. They intend to hand-deliver the application tomorrow if the Council will agree to allocate some of the money to the garage. Mr. Parness indicated that the staff has been in contact with people from the state concerning the question of which agency has the authority to establish priorities, in the event of a dispute between LARPD and the City, but there has not been much clarification of this problem. It was mentioned that the County might be the determining agent in the event there is a dispute. LAPRD has presented a priority list to the state and 85% of the grant will be shared by LARPD/City of Livermore. In addition LARPD has qualified for a portion of the remaining 15% because they are a Regional Park and Recreation Agency, similar to the EBRPD. It is necessary for the City and LARPD to have a joint application filed for which $158,000 will be forthcoming, and there must be no devia- tions in the application. The distribution formula does require that agencies devote 5% of the allocation to projects of a historical preservation nature, and LARPD is recommending that the funds go towards the preservation of Ravenswood. They have recommended that $60,000 be allocated for that purpose. Mr. Parness has spoken to the LARPD staff concerning the possibility of funding going to the Duarte garage, and they feel the Guild should submit an application to LARPD for recognition and action by their Board. Both LARPD and the City were stunned to learn that projects could not be funded unless they are jointly approved. The Council must approve a project listing this evening because of the time constraints in submitting a project application, and the City and LARPD may not deviate. Ms. wilson stated that she agrees that Ravenswood should also be saved but the Guild did get the approval of both the Council and the County to receiving funding for the Duarte garage, and LARPD could also have gone to the County, in the beginning, if they were interested in obtaining funds for the restoration of Ravenswood. It was mentioned that the City is in a bind because of the time, and perhaps the City could ask for an appeal, as a secondary action pending a meeting. The Council could adopt a resolution with a reconsidered resolution to follow, if the extension would be allowed. CM-34-34 \1a y 2, 1977 (Prop. 2 Funds) Janet Newton, from the Guild, indicated that determining who has the authority has been the problem from the beginning. If the County Board of Supervisors had taken the authority their project (Duarte garage) would have been approved long ago. CM DAHLBACKA MOVED TO SEND THE CONCURRING RESOLUTION TO THE STATE, ~VITH A CONCURRING REQUEST FOR AN EXTENSION TO ALLOW LARPD AND THE CITY TO HOLD AN EMERGENCY MEETING. MOTION SECONDED BY CM STALEY AND PASSED BY UNANIHOUS VOTE. RESOLUTION NO. 78-77 A RESOLUTION AUTHORIZING AN APPLICATION FOR PROPOSITION 2 PROJECT FUNDS (Recall Petition) Paul Tull, announced that at 12:05 p.m. this afternoon he filed a notice of intention to circulate a recall petition, with the City Clerk. The same document has been sent to each of the Council- members, which he then read. He indicated that the reason he is petitioning for a recall of the Counci1members, is because the Council used public monies to over- turn the November 2, 1976 election, at which time the voters refused funding for a project that would have been larger and less expensive than the one currently being proposed (LAVWMA Pipeline Project). The document was signed by the Committee for Conservation members. COHHUNICATION RE NAT. SCIENCE FOUNDATION GRANT A letter was received from Dr. Mertes, Dean of the Chabot College- Valley Campus which indicated that they have received encouragement from the National Science Foundation to prepare a formal grant pro- posal supporting five workshops dealing with solar energy. The Chabot College-Valley Campus has prepared a grant proposal and would like a written endorsement of the Livermore City Council. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE COUNCIL EXPRESSED SUPPORT OF THE GRANT PROPOSAL AND DIRECTED THE STAPP TO PREPARE A LETTER OP SUPPORT. COMMUNICATION RE USE OF ELECTRICITY A letter was received from PG&E urging voluntary reduction in the amount of electricity used by customers. The drought situation is severely reducing hydroelectric generation and there may be electric shortages in the near future. Letter noted for filing, with direction to the staff to prepare a resolution urging voluntary reduction in the use of gas and electricity, as was done concerning use of water. COrtMUNICATION FROM ABAG RE INDUSTRIAL SITING PILOT PROJECT ABAG sent a status report to the Council relative to an Indusria1 Siting pilot project to be undertaken in conjunction with the State Office of Planning and Research, which included the Task Force membership. CM-34-35 May 2, 1977 COMMUNICATION FROM ZONE 7 RE WATER SUPPLY The Council received a copy of a report prepared by Zone 7, which was presented to the Zone 7 Board of Directors, analyzing the Zone's situation in the event the current two-year drought were to continue for another two years. Letter noted for filing, with direction to the City Manager to write to Mr. Mun Mar, of Zone 7, thanking him for the very in- formative report. The comment was made that there are rumors going around Livermore that there may be rationing based on previous usage, and for this reason some people are using more water so their allocation will be larger. Mr. Lee stated that in talking with people from CAL-Water, it is their opinion that if Livermore is to have rationing of water it will not be based on past usage. The rationing would be an amount allowed per household, per capita. In Marin County and EBMUD, the rationing is on a per capita basis, but San Francisco did ration based on past usage. San Francisco has just passed a resolution asking for a per capita rationing schedule. Mr. Lee was also asked to report back to the Council on the feasi- bility of the Valley drawing water from the aqueduct and not drawing from the ground water this year. COMMUNICATION RE ALAMEDA COUNTY GENERAL PLAN AMEND. A letter was submitted to the Council by LARPD, supporting the Council's position concerning the Alameda County General Plan amendment, relative to Las positas New Town. Letter noted for filing. CO~1UNICATION FROM LARPD RE PARK ACQUISITION LIST The recommendations from LARPD concerning park site acquisitions was postponed for discussion until budget time. COMMUNICATION RE EAST FIRST STREET OVERHEAD The Council received a progress report from DeLeuw Cather & Company, concerning the East First Street Overhead Construction Project, for informational purposes. Item noted for filing. COMMUNICATION RE SOLID WASTE MANAGEMENT The Council received a copy of a letter written by Assemblyman Mori and sent to the Solid Waste Management Board, urging consideration of Livermore's request for one of "the intended Phase II studies under the Bay Area Solid Waste Management Project. It was mentioned that a bill is pending (AB 860) which would grant $1 million for the establishment of local recycling programs, in the amount of up to $25,000 per city. ON MOTION OF CM DAHLBACKA, SECONDED BY MAYOR TIRSELL AND BY UNANIMOUS VOTE, SB 860, IS SUPPORTED BY THE COUNCIL. CM-34-36 Hay 2, 1977 DISCUSSION RE AIRPORT MASTER PLAN In a preliminary Council review of the proposed Airport Master Plan, several questions and comments were posed that required further staff study. A staff report has been included in the material submitted to the Council and it is recommended that the Council adopt a resolution approving the Airport Master Plan, if the Council is satisfied with the document and its supplementary modifications. Bill Zagotta, former Airport Advisory Committee member, stated that financial forecast changes were made, all of which he would agree with. He has gone into detail in a letter he has pre- sented to the Council. He would specifically recommend that three items in the new forecast be addressed: 1) Interest rates on the 30 T-hangars; 2) Road to the T-hangars, not included in the forecast; and 3) Agricultural revenue estimated at a higher rate than is likely received. Mr. Zagotta indicated that the three items mentioned abouve should be discussed prior to approval of the Plan, and secondly, he would recommend a modification of the text to reflect the new growth rate projections. The budget shown assumes a growth of four planes per year, as opposed to 12 planes per year in the old 1'1aster Plan. It would seem that the imbalance bet\'7een the estimate of 4 and 12 should be reconsidered. The new tables have been accurately computed but they are based on the 4 plane growth estimate. The third recommendation would be to adopt a report amended in the way he has suggested, and Mr. Zagotta's fourth recommenda- tion was to direct the Livermore Airport Advisory Committee to promptly make recommendations on new policies dealing with the questions of tying charges to inflation and whether or not the airport should be operated on a self-sustaining basis. He added that he believes the noise generation from the future airport configuration has also not been properly addressed. Prior to a motion by the Council there was discussion concern- ing the interest rate for the T-hangars, and Table 32. Mr. Lee explained that the City anticipates $20,000 for new hangars and it is difficult to determine what the cost will actually be. The number can be juggled to satisfy the concerns of Mr. Zagotta but a program will not be recommended unless it is feasible, from a financial standpoint. The number of hangars may have to be adjusted and this should not substantially affect the fi- nancial plan. John Kerekes, Chairman of the Airport Advisory Committee, com- mented that the Committee feels that the City of Livermore and the u.S. Government paid a lot of money for a consultant to prepare the Airport Master Plan and after it was prepared the City staff made a review and submitted similar statistics as those presented by the consultant. The Advisory Committee has supported both the consultant and the revised estimates of the City staff and does stand behind them. The Plan is not set in concrete but is an idea and a goal to achieve. Over the last 12 years the Airport Advisory Committee has recommended operations for an airp09rt that has been operat- ing in the black and is continuing to operate in the black for~ the people in Livermore, the aviation community, and for the business community in Livermore. In their opinion the Plan should not be adopted as part of the City's General Plan. It should be worked with and changed as needed, as time goes on. CM-34-37 May 2, 1977 (re Airport Master Plan) Mr. Kerekes stated that he feels the Airport Master Plan should not be picked apart for the sake of a financial document when in this day of inflation the dollars of yesterday do not compare with the dollars of tomorrow. Mr. Zagotta pointed out that the City's intention is to cut back from 30 hangars to 16, if the budget allows for only 16, but the problem is that the revenue estimated by Mr. Lee to balance the budget assumes that the 30 hangars will be bringing in $70/month. If the number of hangars are cut by 14, the revenue will also be reduced substantially. This would bring about the question of whether or not the budget could still balance in that case. The Counci1members indicated that they are very fortunate to have had the input of volunteer citizens on the Airport Advisory Committee, as well as those comments expressed by Mr. Zagotta, who has reviewed the document from every angle. This type of information has enabled the Councilmembers to work with as much information as possible to evaluate the report. Many of the things pointed out by Mr. Zagotta have merit and yet the Plan is not a blueprint from which everything will be developed. The Plan will change with the future and does contain items which have questions that cannot be resolved at this time, but probably represents something the City can work with effectively. CM STALEY MOVED TO ADOPT THE AIRPORT MASTER PLAN, INCLUDING THE CORRECTIONS ADDED BY THE STAFF. MOTION SECONDED BY CM DAHLBACKA. MAYOR TIRSELL MOVED TO AMEND THE MOTION TO STATE THAT IN ADOPTING THE PLAN THE TIME FACTOR CONCERNING PROJECTED IMPROVEMENTS BE REMOVED AND THAT THE PROJECTIONS ARE BASED ON A GROWTH RATE OF FOUR PLANES PER YEAR. AMENDMENT SECONDED BY CM KAMENA. A~ENDMENT AND MAIN MOTION PASSED BY UNANIMOUS VOTE. The staff was directed to prepare a resolution adopting the Airport Master Plan. REPORT RE EAST AVENUE FUTURE WIDTH LINES The report from the Director of Public Works, relative to the future width lines for East Avenue, was referred to the Planning Commission, ON MOTION OF CM S~:~BV, S~:~~~D BY CM STALEY AND BY UNANIMOUS VOTE. ()~- REPORT RE DEVELOP. FEES The discussion which was scheduled for the discussion of development fees was postponed until the meeting of May 9th. REPORT RE TAXICAB OPERATOR'S PERMIT The staff reported that in accordance with the provisions of the City Code, the taxicab applicants (Mr. and Mrs. Taylor for Blue and White Cab Company) have provided all of the requisite infor- mation. The information has been screened and processed by the police Department and was found to be in order. It is recommended that the Council adopt a motion approving the issuance of an opera- tor's permit to Blue and White Cab Company. CM-34-38 Hay 2, 1977 (re Taxicab) CH KA!1ENA MOVED TO ISSUE AN OPERATOR'S LICENSE, AS RECOr1MENDED BY THE STAFF, SECONDED BY C~1 TURNER, AND PASSED BY UNANIMOUS VOTE. REPORT RE BAN ON SMOKING - PUBLIC PLACES The report concerning the suggestion to ban smoking in public areas, was postponed until the next meeting. P.C. REPORT RE MAJOR STREET FUNDS The Planning Commission report concerning major street funds was postponed until May 23. P.C. REPORT RE HO~m OCCUPATION PER~ITS The Planning Commission submitted a report concerning the philoso- phy of home occupation permits and the Council postponed discussion of this item for two weeks. P.C. MINUTES - 4/19/77 The Planning Commission r1inutes for their meeting of April 19, 1977, were noted for filing. REPORT RE RAILROAD AVE. CONSTRUCTION BIDS The Director of Public Works reported on the bids received for the extension of Railroad Avenue and recommended that the Council award a bid to the low bidder, Gallagher & Burke, Inc. The bid received was $311,148.51. ON MOTION OF OF CM KA1'-1ENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED A RESOLUTION AWARDING THE BID TO GALLAGHER & BURKE, INC. RESOLUTION NO. 80-77 A RESOLUTION APPROVING LOW BID RAILROAD AVENUE EXTENSION PROJECT (Gallagher & Burke, Inc.) ALAM.EDA COUNTY TRANSIT STUDY RE HANDICAPPED AC Transit is engaged in a major consultant study in certain parts of Alameda County, as to handicapped transit patrons and physical facilities necessary for them. COVA's Transit Committee would like the study extended for Valley coverage because this would qualify our area for substantial amounts of annual funding for maintenance costs. The Board of Supervisors has agreed to pay $2,000 of the $3,500 provided that the three valley communities would contribute $500 each. It is recommended that the Council adopt a resolution authorizing the $500 for the service transit study. CM-34-39 r-iay 2, 1977 (Transit Study re Handicapped) ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, A RESOLUTION APPROVING THE $500 FOR THE TRANSIT STUDY WAS ADOPTED. RESOLUTION NO. 81-77 A RESOLUTION AUTHORIZING EXPENDITURE TRANSIT STUDY - HANDICAPPED PATRONS REPORT RE WATER REC. PLANT OPERATOR TRAINING The Director of Public Works reported that Brown and Caldwell has submitted a proposal to conduct a training course for the water reclamation plant operators. The training is grant fundab1e and it is recommended that the Council adopt a motion authorizing the application for the grant funds under the existing authorized Phase III projects. ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE COUNCIL AUTHORIZED APPLICATION FOR GRANT FUNDING FOR TRAINING AT THE WATER RECLAMATION PLANT. CONSENT CALENDAR Res. Denying CUP (John Codd) The Council adopted a resolution denying a CUP to John S. Codd, reflecting action taken at the meeting of April 25th. RESOLUTION NO. 82-77 A RESOLUTION DENYING A CONDITIONAL USE PERMIT (John S. Codd) Res. Granting CUP (C&P Produce A resolution was adopted approving the CUP application by C&P Produce, reflecting action taken at the meeting of April 25th. RESOLUTION NO. 83-77 A RESOLUTION GRANTING A CONDITIONAL USE PEID1IT (C & P Produce Mart) Res. Auth. Appraisal of Property (Quezal- ~enango Parkway Area) The Council adopted a resolution authorizing appraisal of property for acquisition as part of the Quezaltenango Parkway. RESOLUTION NO. 84-77 A RESOLUTION AUTHORIZING APPRAISAL OF REAL PROPERTY (Quezaltenango Parkway) CM-34-40 May 2, 1977 Res. Auth. Engineering Services - DeLeuw, Cather The Council adopted a resolution modifying the major engineering agreement pertaining to the First Street Overhead Project, whereby the firm of DeLeuw, Cather, and Company would provide full time resident engineering services. The services were anticipated and included in the budget. RESOLUTION NO. 85-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEr~NT (DeLeuw, Cather & Company) APPROVAL OF CONSENT CALENDAR ON MOTION OF CM TURNER, SECONDED BY CM Kfu~ENA, AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. MATTERS INITIATED BY THE STAFF (Zoning Administrator) Mr. Parness indicated that the new Zoning Administrator is on board with the City and he was in attendance earlier but had to leave the meeting. His name is Paul Curtis. (f1otion Authorizing .1\.ppraisal - Old Fire Station) The City Attorney asked that the Council consider a motion auth- orizing the expenditure of $2,500 for appraisal of the old fire station building property. ~1r. Parness indicated that the City may wish to have the building demolished and the City Attorney indicated that this would require further study and would amount to an additional $2,500. The Council asked that the City Attorney and City Manager discuss the matter and come back to the Council with a recommendation. (Water Rec. Plant Expansion Grant) The City Manager read a letter which came to the City addressed to the Chief Plant Operator of the Water Reclamation Plant, which indicated that the Division of Water Quality will not recommend funding of the City's project to expand existing facilities for water reclamation, at this time. The State Board will be requested to fund an area-wide wastewater reclamation study and Livermore's project will be consolidated with that study for the purposes of facility planning. Mr. Parness indicated that the staff intends to attend the meeting at which time the recommendation will be made to the State Board, for the purpose of contesting the recommendation. CH-34-4l May 2, 1977 MATTERS INITIATED BY THE COUNCIL (ERDA Testing) Cm Dahlbacka indicated that ERDA plans to have air shipments of containers with toxic materials, including plutonium. He would like to request that the City contact ERDA to ask that if air shipment is going to be considered that the containers be tested in conditions such as free-fall from an airplane 3,000 ft. high, or in case of fire, to minimize hazards. Tests should be done in an environment comparable to what might be expected in an airplane crash. (Letter to Editor re Interest Rates) Cm Turner stated that he read a letter sent to the editor of the local newspaper, signed by Mr. Morkowski, and quoting something Cm Turner allegedly said about interest rates. Cm Turner indicated that the quote in the newspaper was not something he had said and wondered if there is any type of legal protection against false accusations. The City Attorney indicated that he is not sure whether or not the term "libel" would fall within this standard. It does seem to be a rather serious situation when someone says something that would affect a public official's outside occupation, i.e., banker. Mr. Morkowski stated that he may have misunderstood the statement made by em Turner. If he has misquoted Cm Turner he will be happy to print a retraction in the newspaper. (Children Traveling to Mendenhall School) Mayor Tirsel1 reported that she has received telephone calls from people who are concerned about the situation along Concannon Boule- vard, that is still uncompleted and does not have a sidewalk or bike path along the vineyard side of the street. Children go to and from Mendenhall School along that street and the unfinished area creates a problem. The staff was asked to check into the possibility of providing some type of bike path along the vineyard area. (Clean Air Week) Mayor Tirse11 reported that the Bay Area Pollution Control District has proclaimed this Clean Air Week. (Letter of Condolence to the Thomas Family) !1ayor Tirsel1 asked that the staff send a letter of condolence to the Thomas family, on behalf of the City Council. CM-34-42 'lay 2, 1977 (Dogwood Park Site Eucalyptus Trees) ~ayor Tirsell repoted that the residents in the area of the Dogwood park have petitioned to get the eucalyptus trees cut do'~n. Children are climbing into the trees and throwing things into the back yards. Mr. Lee indicated that the staff will be checking into this problem. INTROe OF ORD. RE REZONING OF DEVANY PROPERTY - JUNCTION AVE. ON 1\10TION OF C~"1 STALEY, SECONDED BY CM. DAHLBACKA, AND BY UNANI- ~'lOUS VOTE, THE ORDINANCE NIlENmmNT REZONING THE DEVANY PROPERTY LOCATED ON JUNCTION AVENUE, WAS INTRODUCED AND READ BY TITLE ONLY. cm1MENT BY MAYOR Mayor Tirse1l noted that the Council was under considerable pressure this evening and she thanked the Council for asking questions that were clear and to the point and thanked the staff for calm and well considered answers. It is difficult to discuss an item when people are very upset and she feels the Council and the staff did a good job. ADJOURW,mNT Mayor Tirsel1 adjourned the meeting at 11:05 p.m. to an execu- tive session to discuss personnel matters. A /h :?'~ Mayor r r1~. ~ ~ \ / ATTEST (.-, ~~re, c~:tt;o-::a APPROVED CM-34-43 Regular Meeting of May 9, 1977 A regular meeting of the Livermore City Council was held on May 9, 1977, in the r1unicipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:05 p.m. with Hayor Tirse11 presiding. ROLL CALL Present: Absent: Cm Kamena, Turner, Staley and Mayor Tirsell Cm Dahlbacka (Seated later) PLEDGE OF ALLEGIANCE Mayor Tirsell led the Counci1members as well as those present in the audience, in the Pledge of Allegiance. MINUTES - 4/25/77 CM DAHLBACKA SEATED AT THIS TIME. P. 14, at the end of the last paragraph include the following wording: This was the opinion of the minority of the Council. ON MOTION OF CM KAMENA, SECONDED BY CM TURNER, AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF APRIL 25, 1977, WERE APPROVED, AS AMENDED. SPECIAL ITEM - TONY THOMAS TRAFFIC LIGHT COMM. Joy Rhodie, 737 Saturn Way, representing the Tony Thomas Traffic Light Committee, reported on the petition that has been circulated and the money collected for the installation of a traffic light at Holmes Street and Vancouver Way. The number of signatures collected on the petition is 5,527, and the amount of money collected is in excess of $1,400. The Committee has also received the offer of a local resident who is a traffic engineer at LLL and a former CAL-Trans employee, to design the traffic light system. His offer has been accepted by CAL-Trans and his offer will help reduce the cost of the traffic light, and hopefully speed up the installation time. Mary Hurd1ow, 1143 Aberdeen, and Debbie Lindemann, from P1easanton, were Tony Thomas' teachers at Joe Michell School. Ms. Hurdlow stated that she and Ms. Lindemann have come to the Council meeting to present letters written by the students in their class expressing their desire to see a safe crossing situation established at Holmes and Vancouver. She added that children express things in a way that adults should sometimes view things and children believe that if something is important there is no reason it can't be done. Hope- fully the City can clear the red tape and get lights installed soon and the Council was asked to make safety for children the City's number one priority. Jackie Zukor, 1220 Asti Court, stated that she would like to thank the citizens of Livermore who have worked to circulate the petitions and who have donated money for this cause. James Kenemore, 910 Orion Way, stated that he is a policeman and his duty is a traffic officer for the City of Oakland. In the five years he has lived in Livermore he has seen traffic enforcement on Holmes Street on only two occassions, and the engineering planning for Holmes Street is a ridiculous situation. Anytime people are traveling on a wide street a mile long between traffic signals, they are going to speed, and Tony's death was the result. Tony played on his son's soccer team for two years and his family is very upset by the tragedy. CM-34-44 May 9, 1977 (re Tony Thomas Traffic Light) Susan Eros, indicated that in circulating the petition many people told her that the City would never get a light because there has been only one fatality at that intersection. She told people that the citizens place a high value on each life and they will not wait until anyone else is killed before something is done. Mr. Parness reported that the City has been in contact with CAL-Trans, and the City is working on this matter as de1igent1y as possible. Traffic data is being gathered and information required by CAL-Trans was sent to them today. CAL-TRANS has indicated that they relize the concerns of the City and they too are very concerned about the intersec- tion and will place it at the top of their priority list with respect to investigation. Hopefully, he will be able to come to the Council with some type of response from CAL-Trans in a couple of weeks. Paul Tull, 2243 Linden Street, read a prepared statement concerning the speed limit when there is a flashing yellow light. The statement was considered to be improper and the Mayor asked Mr. Tull to be seated, as he had abused his speaking privilege. Lorraine Brown, 153 Mayview Way, stated that Mr. Tull is a taxpayer and he should be allowed to make his statement, even if the Council doesn't like what he has to say. Georgia VonDohre, 1231 Vancouver Way, stated that she also agrees that Mr. Tull should be allowed to speak. She spoke with a high- way patrolman yesterday who verified some of the information Mr. Tull is trying to give the Council concerning the speed limit. It would be advantageous to everyone to hear Mr. Tull's comments. It was explained that the Council would not normally deny Mr. Tull the right to speak but he cannot be allowed to abuse the staff and use the type of terminology he was using. DISCUSSION RE SMOKING BAN Letters have been sent to the Council by East Avenue students requesting that the Council ban smoking in public places. The City Attorney reported that existing law requires local agencies to provide a "no smoking area" of not less than 50% of every closed room which is used for the assembly and deliberation of public bodies, which the Council has complied with in not allow- ing smoking in the Council Chambers during regular meetings. The City Attorney submitted a copy of SB 500 which is now before the Legislature and would repeal the present law. SB 500 would prohibit smoking in any enclosed area opened to the general public, other than designated smoking areas in lobbies, bars, restaurants, and a few other areas mentioned. The City of Berkeley has imposed a ban on smoking in all public places, and the City of Oakland has a ban on smoking in the Co1oseum. The City Attorney indicated that it is within the general police power of the City to prohibit or regulate smoking in public places. Public places includes both privately owned and publicly owned property where the public normally assembles for recreation or business. The present requirement for no less than 50% of the room as a no smoking area, can be increased to as much as a total ban of smoking in the assembly room. CM-34-45 May 9, 1977 (re Smoking Ban) Mr. Reiners indicated that the potential for disruption and private disuptes and an inordinate amount of police power to enforce a victim- less crime, severelv weighs against the enactment of a smoking ban, in his opinion. The City has the authority, but the biggest problem is the practical problem of enforcement. Mrs. Hughes, teacher of the children who sent the letters to the Council requesting the ban, stated that it is a privilege for children to see that they can become a part of government action and that they can bring their petition to the Council and be heard. She thanked the Council for taking the time to consider and discuss this matter. She then introduced some of the children who wrote to the Council. Fran Weisner, Adams Avenue, stated that she is allergic to cigarette smoke and for this reason she is prevented from going into many public places because of smoke. It would be very helpful to her, personally, if there were "no smoking" areas in public places. She would also like the ordinance, if adopted, to include the require- ment for some type of ventilation to remove the smoke from the smoking areas. One member of the audience commented that Roller King has a separate room for smoking purposes and in her opinion this is a very nice feature because smoke is not in the areas with the general public. Paul Tull, stated that he once was a smoker and he stopped smoking but developed emphysema as a result of smog in the air and he cannot tolerate any kind of smoke. Don Brown, 813 ~1ayview Way, stated that he is generally opposed to the adoption of laws that cannot be enforced. He wondered what the City would do with people who violated the law and added that this would be another type of trivia the Police Department would have to be concerned with. The teacher from East Avenue School commented that the whole country is becoming more concerned with the damage smoke causes to the lungs of those who do not smoke and an airline did a survey which indicated the general public does not want smoking to be allowed on airplanes at all. David Eller, 3797 Oregon Way, stated that one of the facts of smoking is that if you are in a smoke-filled room for half an hour, it is the same as smoking one cigarette. In his opinion, unless there is a law prohibiting smoking in public places, people will continue to do so, even if there is a no smoking sign posted. The Council discussed the suggestion to ban smoking in public places and the comment was made that smoke inflicts bodily harm on others but there may be some practical problems in enforcing such a law. There would be some places in which the smoking ban could not be enforced, effectively, such as in bars, but it shouldn't be difficult to regulate smoking in restaurants, etc. It was suggested that the Council support SB 500 and direct the staff to prepare an ordinance to ban smoking in Livermore so that a public hearing could be advertised in the newspaper encouraging comments from the merchants. If the merchants would be willing to set aside designated smoking areas the public would probably be willing to comply with the ordinance. CH-34-46 May 9, 1977 (re Smoking Ban) Concern was expressed for trying to prohibit smoking in public places and that the reservation of 50% of a room or designating smoking areas seems to be a satisfactory compromise. It was noted that during the time SB 500 is awaiting passage, perhaps the City could adopt a resolution encouraging voluntary compliance with the no smoking policy concerning public places. The City Attorney was then asked to keep the Council posted concerning the outcome of SB 500. CM TURNER MOVED THAT THE COUNCIL EXPRESS SUPPORT OF SB 500, AND THAT THIS BE TRANSMITTED TO SACRAMENTO. ~10TION SECONDED BY CM DAHLBACKA AND PASSED BY UNANIMOUS VOTE. CM KAMENA MOVED TO DIRECT THE STAFF TO PREPARE A RESOLUTION ASKING FOR VOLUNTARY COMPLIANCE OF THE MERCHANTS AND PUBLIC ENTITIES TO SET ASIDE NO SMOKING AREAS. MOTION SECONDED BY CM TURNER. The City Attorney was asked if the City has jurisdiction over facilities owned by separate jurisdictions such as LARPD or the School District, and Mr. Reiners indicated that an ordinance would be effective as long as state or federal property is not involved. School property within the City limits would be subject to the City's ordinance. MOTION PASSED BY UNANIMOUS VOTE. DISCUSSION RE ABAG ENV. TASK FORCE PROGRAM The City Manager reported that the ABAG Environmental Task Force Program (208 Program) is a very important environmental planning effort. Representatives of the Alameda County Planning Depart- ment will be presenting a report on behalf of ABAG. Betty Croley, from the County Planning Department, stated that the 208 Program is an effort to prepare an environmental manage- ment plan. Implementation of the plan will affect every city in special districts in the County and the cities should be informed of the process. She gave a slide presentation showing the bay, agricultural and urban areas for which environmental planning will be done. The bay is regarded as the single most important natural resource of the region, protecting it from spill and pollutents, has been a major goal for the region. ABAG's 208 Program is designed to help address these problems and the basic goal of the program is to provide the greatest possible improvement in water quality, air quality, and solid waste problems, balanced with social, economic, and other environmental affects. The program is a two year program with a $4.3 million grant from EPA for water, air, and solid waste management planning. The basic goal is to make the water fishable, drinkable, and swimab1e. The major products of the plan are: 1) surface runoff; 2) air quality; 3) municipal discharges; 4) industrial discharges; 5) minor sources of water pollution; 6) water conservation - reuse and supply; and 7) solid waste. The plan they are most concerned about is the 208 Plan which is the Surface Runoff Management Plan. Surface runoff comes from street litter, oil and other residue, carried through storm drains and into the bay. CM-34-47 May 9, 1977 (re Smoking Ban) Another plan is the Air Quality Maintenance Plan, and the major points are: 1) consideration of social and economic impact for aChieving air quality improvements; 2) evaluation of costs; and 3) examination of sources. The relationship of air quality to water quality is another part of the program. The Municipal Facilities Management Plan is the plan that is also mandated by the Federal pollution Control Act and is the plan to develop the list of facilities required during the next 20 years. There is a program under way in the Bay Area and more than $2 billion being spent for 111 such projects; which is the 201 Program. There is a Minor Sources of Pollution program which covers pollution coming from dredging, construction, mining, agricultural, air fallout, oil spills, and recreation areas. She showed the slide of a holding pond that can hold water until it runs off into the bay which would allow some measure of protection against pollution. Other sources of pollution are pesticides running into the creek, and faulty septic tanks. Another program is Water Conservation Reuse and Supply Management Program, which is to determine how water can be reclaimed and used for other purposes, which is very important this year. She illustrated the Marin Reservoir in a good year and during drought. The Solid Waste Management Plan is to develop three interim plans for the management of municipal waste, hazardous waste, and wastewater solids, and combined into one plan using the overview of the County Solid Waste Management plans which they have been preparing in the past three or four years. Printed material has been distributed to the Council to help explain the plan. The cities will have the opportunity to review the draft of the plan when it is submitted to ABAG in August and will also be involved with approval of the plan in April 1978. Wayne Olsen, representative from the Corps of Engineers, briefly explained what the Corps is doing with respect to the 208 Surface Runoff program for the Valley, in conjunction with ABAG. He noted that the Urban Studies Program is a joint planning effort between the Corps of Engineers, other federal agencies, state and local entities, in conjunction with the public. The Corps seeks to provide a range of urban water resource planning compatible with the comprehensive development goals of the region under study. They intend to study alternatives for problems relative to the following areas: 1) urban flood control and flood plane management; 2) water supply and water quality; 3) wastewater management; 4) water oriented recreation; 5) fish and wildlife preservation and enhancement. Mr. Olsen explained that the first phase of the Surface Runoff Program is Problem Identification, which they are completing at this time. They are using an ABAG computer model which is something in the order of an accounting model using national rather than local data which they hope to be doing in the near future. It hasn't been raining very much so it is difficult to sample local data. Theoret- ically, the model should be able to pinpoint the problems at present as well as projected future problems by projecting future land use. The main problems seem to be coming from the urban ranchettes and not the cities, as it appears there is more runoff from the rural areas. They will be looking at non-structural as well as structural resolu- tions to the problems and one of the non-structural solutions would be in educating people not to dump oil from cars into the storm drains, for example. Structural solutions would be adding treatment processes for storm drain water, etc. CM-34-48 May 9, 1977 (re ABAG Env. Task Force Program) The comment was made that the recommendation of the Citizens Committee has been that the Corps not proceed with implementation of any type of solution and that the Corps go to the local agencies to explain what some of the problems are. Mr. Olsen assured the Council that the Corps has no intention of proceeding with Phase II, which would be structural solutions, without first talking with local entities. RECESS Mayor Tirse11 called for a brief recess after which the Council meeting resumed with all members present except Cm Kamena who was seated later. OPEN FORUM (LAVWMA Agreement) Don Miller, 2862 Waverly Way, stated that he observed that the Council has LAVWMA Joint Powers information in their agenda packet and though it was not listed as an agenda item may be intending to discuss it. He would advise that the Council not discuss this item this evening because the agreement has not been publicly noticed and there are possible ambiguities in- cluded in the agreement that may need some revision or elimina- tion. There seem to be some questions one could ask relative to the voting procedure as everything is not clear with respect to voting for expenditures, etc. CM KAMENA SEATED AT THIS TIME. Mr. Parness explained that the changes to the JPA were delivered to the City last Thursday and he was told that the item did not need to be listed on the agenda for formal consideration. He has subsequently been informed that LAVWMA would like the Council to make a decision this evening so that the matter can be formally considered by LAVWMA this coming Thursday night. There is some pressure for the Council to take action, but the Council may do as it wishes. The comment was made that Don Miller's comments are well taken and that perhaps the Council should have the entire document to review so the changes can be seen in context. It was the consensus of the Council to postpone discussion of the LAVWMA Joint Powers Agreement until May 23. Copies of the existing agreement plus changes will be available in the library. (Mailboxes) Alice Wood, Westminster Way, asked if there is any way the City could get the curbside mailboxes out of the Meadows area, so they can have door delivery. It was explained that the City has done everything it can to get the post office to deliver to the doors in the new subdivisions but this is a federal regulation and was an order to the postal Department. All new subdivisions in all cities face this problem and cities have band together to get legislation moving to reverse this regulation. Until there is new legislation, nothing can be done. CM-34-49 May 9, 1977 (re Hailboxes) Ms. Wood stated that she understands this but apparently people can have a box behind the curb, individually, and she would like the clusters removed from the right-of-way areas. Ms. Wood stated that before the mailboxes were allowed behind the sidewalks, people placed them in clusters in the sidewalk and this leaves little sidewalk space. The mailboxes pose a hazard to children and she would like them removed. Hr. Parness indicated that the City had given encroachment permits for placement of the mailboxes in the sidewalk and those who received the permits could be informed that the boxes can now be located behind the sidewalk and the owners could be requested to move the boxes. (Plutonium) Ms. Wood asked what the Council position is concerning the shipments of plutonium that are to arrive at the Livermore Airport. It was explained that the City has written to the Lab requesting that ERDA be asked to test the containers in a similated air crash situa- tion, as well as to drop the containers from 1,000 ft. to determine if this is a safe means of transportation of the material. Mr. Parness indicated that he heard, today, from a representative of ERDA and they are as concerned as the residents of Livermore and have been working on this matter. The container is under intensive study by them and their intention is to have a fail-safe container ready by October. He will be receiving a letter from them in the near future. There was a question as to whether the City has the authority to regulate this type of material coming into the Livermore Airport since it is a municipal enterprise. The City Manager indicated that it does have the right if there is a danger to some of the public's use of the airport, and this is something that would have to be researched by the legal department. The staff was asked to report back to the Council concerning the City's authority in regulating this type of transportation. COMMUNICATION RE VETERANS' DAY PARADE The City received a request from the Veterans Day Commission, for funds for the annual Veterans Day Parade. Letter noted for filing, with a request that the City Manager inform them of the City's policy. COMMUNICATION RE VCSD TRANSP. LEGISLATION The Council received information relative to transportation legisla- tion proposed by VCSD. They are requesting letters of support from the COVA agencies. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE STAFF WAS DIRECTED TO PREPARE AN APPROPRIATE RESOLUTION SUPPORTING TRANSPORTATION LEGISLATION, AS REQUESTED BY VCSD. CM-34-50 May 9, 1977 DISCUSSION RE DEVELOPMENT FEES The Council has continued discussion of development fees until this evening, at which time they will begin with sanitary sewer and then will discuss water storage fees. The comment was made that in the report presented by Mr. Gorland, the Community Development Director, the fact that the citizens of Livermore will have delivered to the population, a paid for sewer treatment plant, through bonding, has been ignored. Future residents will pay a connection fee but they will have a free treatment plant paid for by other citizens; therefore, the obli- gation falls upon them to connect to the plant and the future plans of the plant. Mr. Gorland indicated that this is true but the new user will pay the fee applicable to the new use. As a result, the sanitary sewer connection fee to the 7.1 MGD, from 5 MGD, would be paid by the new users - not by the existing users. Supposedly, this would also be the portion the new users would be using. He added that with respect to water reclamation, the present users would be using 75% of the reclaimed water land, and the new users should not expect to pay for this. The argument was made that this type of reclamation would not be necessary if the size of the plant were not being increased to serve new growth. Mr. Gorland explained that the Industrial Advisory Board feels the new user should not have to pay the total of the reclamation costs. It was noted that the new user would not be paying for the recla- mation costs of today, but rather would be paying for future reclamation costs. People now have already paid a connection fee, as will the new user, and current residents will be paying for the reclamation and upgrading and the new user should pay for these future facilities. It was explained that the prior 5 MGD was included because the fee was established, originally, as what the plant equity was. The first fee was established on the basis of the equity of the plant and the number of people taken into consideration, and it was de- termined that the figure was too high, so they set an arbitrary number and from that point forth the Cost of Living Index has been used as a guide to increased costs. Mr. Gorland stated that the present cost of calculation is based on the proposed fee. It does not include the cost of the 5 MGD. If this is the thinking of the Council, there should be a recalcula- tion and he is sure Mr. Lee would agree that the basis of the calcula- tion does not include the prior 5 MGD. ,Mr. Lee felt that if there was no additional population there would be no need for plant expansion, and additional reclamation facilities. Fees that will be collected from this time will accrue in the Sewer Connection Fee Fund and will be used to defray the cost of the expansion as well as the additional reclamation facilities. Essentially, the new residents will be paying for expansion because they will be re- quiring the expansion. The increase will be for their use. If the plant were not being expanded the City would not neces- sarily be doing the reclamation. If, in the future, reclamation were needed and there was no plant expansion and no growth, the City would then have to ask the voters to pass bonds for this purpose. CM-34-5l May 9, 1977 (re Development Fees) Mr. Gorland stated that shown in the calculations are the total costs from now to 1990. Of the total costs the cost for Phase IV, 87.5% of which was funded by the federal and state government, and the costs of Phase V, as well as the cost of the 1,765 gallons of reclamation. There is nothing in the basis of the calculation of the fee to include anything with regard to the prior 5MGD. Mr. Lee explained that his calculations try to reflect the advance planning for the plant and the fee recommended by him would allow the City to pay for advance planning. The only amount in the fund at this time is the amount needed to pay for the upgrading. This would seem to indicate that the City has not been charging an excess amount because there are no excess reserves. Mr. Gorland noted that under the Revenue Program for Sanitary Sewer Connection Fees, prepared by Mr. Lee's office, on December 27th, the basis for justifying the fees was on the estimated capital costs through 1990. The point he would like to make is that the estimated capital costs through 1990, to justify the fee, were based on the items he has mentioned and the reclamation of the 7.1 MGD for 1990, at the time the plant will be 7.1 MGD. What he is pointing out and what the Industrial Advisory Board looked at, is that this is the justification for the fee. The justification for the fee apparently was not included in the calculation prepared by Mr. Lee. Mr. Lee was asked if anything in the way of expansion beyond 7.1 MGD will have to be paid by the citizens, and Mr. Lee indicated that this is correct because the 7.1 MGD represents the E-O population in 1990 and the City is not allowed any type of funding beyond the E-O popula- tion estimate. The comment was made by Cm Turner that he was of the understanding that only 1 MGD would be grant fundable and that the City could not go beyond an additional 1 MGD until 1990, because this represented the E-O population figure. This would mean an expansion of up to 6 MGD - not 7.1 MGD, as noted by Mr. Lee. It was explained that Mr. Lee is working with the sewer funds, in accordance with the General Plan. The 1 HGD allows no less than 500,000 gallons for industry and this means that if half is to be reserved for industry, it is less sewage available than what is called for in the General Plan. He has projected what the City will need, reserving 500,000 gallons of the first MGD, for industry. Mr. Lee has projected what the City will logically need to serve the General Plan, which is 7.1 MGD. This does not mean that it will be grant funded, but it is the amount that will be needed. There was some concern expressed for collecting money from future residents, when the Council has said it would not go beyond the additional 1 MGD. The comment was made that the Council never discussed this aspect but rather discussed the amount to apply for, and it was concluded that the City would apply for the amount that would be grant fundable which was the additional 1 MGD. Mr. Lee then explained the way in which his calculations were made by using the anticipated population in 1990. CH-34-52 May 9, 1977 (re Development Fees) MMr. Gorland stated that based on a publication prepared by the Water Quality Control Board, there are two ways of calculating a fee or charges to be assessed. One way is that within three years after a facility is constructed, there should be a viable means of financing and paying for the depreciation of the plant. In addition to that, in the event the charges seem excessive in doing it in this manner, then the additional costs could be contemplated for the future, as the alternate. Nothing is said in either means of calculations, with regard to charging future users, for past expenditures made for any plant. This is some- thing that should be taken into consideration by the Council. Harold Kline, with Western Pacific Railroad Company,Industrial Development Section, stated that one of the things he is con- cerned about is that with Mr. Lee's figures, if there are 1,000 users there would not be enough funds to pay for any expansion. Industrial users pay a fee based on their discharge and hard- ships to be placed on the plant. Therefore, the fee of the discharge is really what the Council should discuss. The fee recommended is really imaterial when it comes to the industrial use. It was explained that the use fee goes for the operation of the plant, but capital expenditures are based on connection fees. The two fees are not mixed. Mr. Lee agreed that the fee would be substantial for a large water user and if the water quality of the effluent is bad. For industry that does not use a lot of water, the fee would not be high. Mr. Kline indicated that this is just another fee on top of already high fees, and the Council should take this into consideration. The question was posed that if City fees have been so high for all these years, why is it the City doesn't have enough money to pay for plant expansion. The fees have not been used for anything other than the capital expansion of the plant, and yet there is not enough money available. Mr. Kline indicated that he feels the reason there is no money available is because the City hasn't had any industrial expansion. Bob Tieke, Industrial Advisory Committee member, stated that if the sewage effluent line doesn't take care of the number of gallons per day, there will have to be holding ponds. He feels that if Mr. Lee and the representatives from the Corps of Engine- ers had attended the latest Zone 7 meeting, they would not be recommending recycling of water. There is some evidence that recycling would degrade the underground water and this method might be prohibited. Mr. Tieke added that the export pipeline should take care of all the effluent, therefore, the expenditure for the reclama- tion land seems to be excessive and unnecessary. It was mentioned that the fee is reviewed annually, and if it becomes clear to the Council, on one year for example, that the fee is excessive or reclamation is not possible, it can be revised. CM-34-53 May 9, 1977 (re Development Fees) Mr. Tieke stated that the fee reflects charges for reclamation and the City does not know whether reclamation will be necessary or not, as yet. Also, reclamation has not been approved. It was noted that the voters have indicated that they want to use the water in the Valley and if deminizeralization remains as prohibitive as it presently is, and if the tests under Grant IV indicate that the Valley cannot spray the effluent, the City may be closed out at 6.62 MGD forevermore. If reclamation is possible, it appears that this is what the citizens would like. ~1r. Lee seems to be reacting to what the voters would want and this is a type of advance planning for the plant. If advance planning had not taken place in the past, the City would not be able to afford the upgrading taking place now. The City also would have been under cease and desist long ago and we would not have been able to pay the LAVWMA bill. The City doesn't have a crystal ball and one can only guess as to whether or not denitrification will be required or any of the other possible mandates. All of these things are being considered in the advance planning and fee schedule. Hr. Tieke explained that the Industrial Advisory Committee felt there would be no need for the purchase of the additional land for the land reclamation. It was explained that the City will not be purchasing any land for reclamation until the LAVWMA study has been done, under the Grant IV. Mr. Tieke commented that the Committee would like to get rid of some of the up front fees to developers and would like the City to establish user fees so that businesses could become established and then start paying for using facilities. Discussion followed concerning capacity and the fact that capacity has been set aside for commercial/industrial, both in the expanded plant and the current plant with limited connections remaining. It was suggested that the $1,500 not be collected from industrial/commercial users and to lower the fee as suggested by the Industrial Advisory Board. Mr. Gorland commented that normally some of the fees that are based on an increase each year are based on the Engineering News Record Construction Index. As the result of the Industrial Advisory Board questioning the basis of the fee previously, a complete new fee study and evaluation was made, which took 5-6 months for the Public Works Department to do this. Following the 5-6 months, they came up with a new element they never had before in the massive degree they had and the new element was massive reclamation. This is not the normal increase. In fact, with massive reclamation, the Public Works Department recommended a decrease of approximately 10% of the fee. The point is that this is not the normal increase - this was based on the massive study which brought in the new element not in- cluded in any previous study or basis of determination. It was explained that if Mr. Lee had known about the LAVW~~ project he would have included that into the previous fee, and that would have been a new element on a previous fee. Mr. Lee is trying to do advance planning of the plan. Mr. Lee's job is to project into the future, as best he can, so the City will be prepared to pay for whatever facilities will be necessary. There was a question as to how the single family residential fee is the basis of the industrial/commercial connection fee which was explained by Mr. Lee. He indicated that the fee is a proportional fee for which he gave examples. CM-34-54 May 9, 1977 (re Development Fees) Mr. Lee was asked if the connection fee formula used would be considered the most fair, and he indicated that he feels it is. The comment was made that if this is the most equitable method of calculating the fee schedule, why is the Industrial Advisory Board recommending something different, and Mr. Kline indicated that you really can't look at just one connection, it is the whole picture that they feel is out of focus. Mr. Tieke indicated that the current fee is $250 and they are recom- mending going back to the $115 by eliminating the reclamation portion. The majority of the Council felt that the schedule suggested by Mr. Lee is the best estimate the Council has as to what the future costs will be for expansion and treatment of sewage. If money is not collected for this purpose, the City will have to issue bonds or do something inconsistent with the policy of making growth pay its own way. It is true that the City doesn't know what will happen in the future, but it is the City's present policy to reclaim water. Water is being reclaimed presently and unless there is a reason not to continue to plan for reclamation there is no reason why this shouldn't be included in the projected costs for sewage treatment. CM DAHLBACKA MOVED TO ADOPT THE FEE SCHEDULE, AS RECOMMENDED BY MR. LEE. MOTION SECONDED BY MAYOR TIRSELL. The comment was made that perhaps developers can be shown what the fee is for connection to the sewer and allow a schedule for prorating the fees over five years, for example, to help reduce the front end fees to the industrial/commercial developers. The City could also allow some type of forgiveness if some industry were to employ local citizens, or other options that could be reviewed. Mr. Kline indicated that they will be developing the land and paying for the storm drains, etc., and future industry/commercial should have to pay their share of the costs but the Industrial Advisory Committee would recommend that the fees be paid over a period of time, after a business is operating and making money. They really don't want forgiveness of some of the fees to the new businesses, just some reduction of the up front fees. Cm Turner indicated that he feels the City should follow the recom- mendation of the Industrial Advisory Board to reduce the fee and to also allow amortization of the fees over a period of time. He will therefore vote against the motion. MOTION PASSED 4-1 (Cm Turner dissenting). It was suggested that prior to discussing the water storage fees, perhaps the Council could briefly discuss the possibility of a proposed formula for reducing the front end costs for new developers, and yet asking for a fee that would be justified. Mr. Gorland indicated that the Council adopted an ordinance pro- viding for the amortization of developer fees, over a period of three years. The comment was made that there was a legal question concerning one of the fees and for this reason the ordinance was not adopted. The City Attorney noted that there was a question of a lien and the lien was statutorily authorized but the laws of this state indicate that general law cities do not have the power to place a lien on new property. CM-34-55 May 9, 1977 (re Development Fees) Mr. Gor1and noted that with respect to water storage fees, the three years was applicable, but if there was a sprinkler system in the build- ing, it could be amortized over a period of 10 years, as he recalls. CM STALEY MOVED TO REFER THE MATTER OF WATER STORAGE FEES TO THE INDUSTIRAL ADVISORY COMMITTEE FOR A PROPOSED POLICY OF M40RTIZING THE FEES, FOR THE PROTECTION OF THE CITY'S INTEREST AS WELL AS REDUCING UP FRONT FEES FOR THE DEVELOPER. MOTION SECONDED BY CM KAMENA. The comment was made that construction costs increase over the years, the fee will be paid, and there should be some acceleration of that fee over a period of time. Secondly, there should be some con- sideration given for a forgiveness of the fee, under certain circum- stances, as was done with the business license tax. A forgiveness could be given, for example, if the business hires a certain per- centage of Livermore Valley residents. It would seem reasonable to allow a forgiveness if it is justified, in terms of getting industry to employ people who live in the Valley, or make products for local people to help reduce the number of vehicle miles traveled by people in the Valley. There should also be some consideration of the tax benefit to the City vs. the cost of maintaining that industry - it is a matter of cost effectiveness and some businesses may be justified in having some forgiveness because of the return they will bring the City on the tax roll. Mr. Gorland stated that the recommendation of the Industrial Advisory Board is the elimination of the water storage fee and the imposition of a surcharge, user charge, based on the premise of the above state- ment, and with an increase based on the Engineering News Record Con- struction Cost. This was recommended based on the fact that the City cannot place a lien on the property. It was noted that the Council is not suggesting that any fee be completely eliminated and set entirely on user charge. Also, forgiveness does not necessarily mean 100% forgiveness. MOTION PASSED BY UNANIMOUS VOTE. MOTION TO REORGANIZE AGENDA ITEMS ON MOTION OF CM Kfu~NA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COUNCIL REORGANIZED THE COUNCIL AGENDA TO DISCUSS ITEMS THAT CANNOT BE CONTINUED. REPORT RE MUNICIPAL RUBBISH COLLECTION SERVICES STUDY The City Manager reported that some time ago the Council agreed that a study should be undertaken concerning municipal rubbish collection services, as compared with the existing system, and the establishment of an advisory committee to study matters relative to community resource recovery and recycling. A letter was received from Mary Ann Hannon supporting the idea of resource recovery and recycling but felt the Council probably has enough information as provided by the staff and Lois Hill, to make decisions. If there is to be a citizens committee she would recom- mend the Recycling Committee for this task. CM-34-56 May 9, 1977 (Rubbish Collection Service) Mr. Parness commented that the staff has prepared information concerning comparison of the existing collection service and the established municipal rubbish collection services. At this time the only action to be taken by the Council would be to establish a task force committee - the charge and the number of members will be prepared in detail by the staff and reported upon later. The comment was made that it is very encouraging to see that the City has the alternative of going to municipal collection, at a comparable cost, if necessary. Mr. Parness was asked if it would be possible to issue bonds for capital expenses if the City went into municipal collection, and he indicated that he cannot answer that question at this time. ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE STAFF WAS DIRECTED TO PREPARE A TASK FORCE ORDER. Terry Rosso, indicated that the Council should keep in mind that the privately operated collection service does generate quite a bit of tax money for the City and the state, in addition to the franchise tax fee, gasoline, business license fee, property taxes, etc. The comment was made that the Council would hope that the task force would look into these aspects of the matter. There are many questions that have to be answered before the Council would ever consider municipal collection. Ben Cerruti, 1103 Bordeaux, stated that he feels the City has enough to do and enough problems without getting into the busi- ness of rubbish collection, which someone else can handle. It has been proven many times that private business can operate more profitably than a municipal agency. He would be opposed to a municipal collection service. MOTION PASSED BY UNANIMOUS VOTE. MOTION TO RECONSIDER PARTICIPATION IN COVA CH. KAMENA MOVED TO RECONSIDER THE CITY'S PARTICIPATION IN COVA AND TO ADOPT THE POSITION OF BEING A DUES PAYING MEMBER IF THE PHILOSOPHY EXPRESSED ON THE LETTER OF APRIL 21, BY THE CHAIR- PERSON, IS IMPLEMENTED, WITH THE AMENDMENT IN PARAGRAPH 4, AS FOLLOWS: "....any steering committee member not wanting a particular item studied may request deletion, but must abide by a majority vote of the quorum." MOTION SECONDED BY MAYOR TIRSELL AND PASSED BY UNANIMOUS VOTE. Don Miller, stated that he was going to suggest that the City withdraw from COVA if Valley-wide issues cannot be discussed but if the veto cannot be enforced, COVA is a good forum. It was noted that if LAVWMA does what it intends to do, and there is no COVA, there is no forum. COVA will be needed and people will probably be happy to attend COVA to discuss problems. REPORT RE MAILING MACHINE REPLACEMENT The staff has requested that the Council adopt a resolution authorizing the purchase of a mailing machine in the amount of $1,500. CM-34-57 May 9, 1977 (Mailing Machine) ON MOTION OF CM STALEY, SECONDED BY CM KM1ENA, AND BY UNANIMOUS VOTE, THE COUNCIL AUTHORIZED THE PURCHASE OF A MAILAING MACHINE. RESOLUTION NO. 87-77 A RESOLUTION AUTHORIZING BUDGET AMENDMENT (~ostage Meter) REPORT RE MUNICIPAL BUILDING SPACE RENTAL The City ~1anager reported that Atom Appliance has requested temporary rental of the vacant First Street Fire Department garage from May 15 to June 30, for storage of appliances during their store sale. It is recommended that the Council adopt a motion authorizing the temporary rental of the building at a rate of lO~ per square foot, providing that full insurance coverage is afforded for fire, damage and theft, in an amount satisfactory to the City Attorney, indemnifying the City. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE RENTAL OF THE BUILDING, FOR THE TE~~ NOTED AND THE CONDITIONS LISTED. REPORT RE FEDERAL UNEMPLOYMENT COMPo The City Attorney reported that the federal Unemployment Compensation Amendments of 1976 are scheduled to go into effect on January 1, 1978, which would require states and cities to provide unemployment com- pensation coverage to all employees. In response to this federal legislation, the National Institute of Municipal Law Officers (NIMLO) is seeking a coalition of cities and counties, nationwide, to challenge the 1976 amendments. It is recommended that the Council authorize a $2,500 contribution in joining the lawsuit. ON MOTION OF C~1 TURNER, SECONDED BY MAYOR TIRSELL AND BY UNANIMOUS VOTE, THE RECOWlliNDATION TO JOIN THE LAWSUIT AND AUTHORIZE THE EXPENDITURE OF $2,500, WAS ADOPTED. RESOLUTION NO. 86-77 A RESOLUTION AUTHORIZING BUDGET AMENDMENT (National Institute of Municipal Law Officers) REPORT RE PARKING FOR HANDICAPPED The report concerning parking for the handicapped, was postponed until May 16. REPORT RE CITIZENS BAND RADIO OPERATORS A communication was received from Leonard Ivarson, Assistant RACES Liaison Officer, explaining the type of assistance the LARK/R~CES group can offer in the event of a local emergency or emergency exercise. Letter noted for filing. CM-34-58 May 9, 1977 REPORT RE COUNCIL PERSONAL IDENTIFICATION In response to a request made by Cm Turner for personal identifica- tion badges, the Assistant to the City Manager reported that of 11 cities contacted in the Bay Area, 10 use business cards as a means of identification, 2 use ID cards, and 3 have badges. It was suggested that Cm Turner and Cm Kamena act as a committee in reviewing the type of proper identification that should be used in the event of an emergency. APPOINT~-1ENTS Appointments were postponed until May 23. ALTERNATE METHOD OF FINANCING LAVWMA ON MOTION OF CM TURNER, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED A RESOLUTION ADOPTING AN ALTERNATE SYSTEM OF FINANCING FOR THE LAVWMA PROJECT lB-O, WHICH REFLECTS ACTION TAKEN AT A PREVIOUS COUNCIL MEETING. RESOLUTION NO. 88-77 A RESOLUTION ADOPTING AN ALTERNATE SYSTEM OF FINANCING TO PROVIDE FOR THE CONSTRUC- TION OF LAVWMA PROJECT lB-O CONSENT CALENDAR Summary of P.C. Study Session The Planning Commission summary from the meeting of May 3, and the study session of April 26, noted for filing. Report re Maple St. Reconstruction Bids A report was submitted by the Director of Public Works on the Maple Street reconstruction, for informational purposes, and to authorize solicitation of bids. Proclamation - Light Robertson Park Week The Council adopted a resolution proclaiming May 16-22, 1977, "Light Robertson Park Week". Resolutions re LARPD & School Dist. ~e CETA Employees The Council adopted resolutions providing the legal mechanism whereby funds for the cost of CETA employees for the School District and LARPD are passed through. CM-34-59 May 9, 1977 RESOLUTION NO. 89-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Livermore Area Rec- reation and Park District) RESOLUTION NO. 90-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Livermore Valley Joint Unified School District) Res. re Tax Deeded Properties The City entered into an agreement with the County for the conveyance of tax deeded properties at Murrieta and East Stanley Boulevard (the Clark property - Eucalyptus grove). Unfortunately, due to a recent change in state legislation the special assessments on the properties were to be excluded from the distribution. It is recommended that the Council adopt a resolution which conforms the intent of the parties to the new legislation. RESOLUTION NO. 91-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (re Clark Property - Eucalyptus Grove) Res. Auth. Exec. of Grant Deed The Council adopted a resolution authorizing execution of grant deed (De Sousa property). RESOLUTION NO. 92-77 A RESOLUTION AUTHORIZING EXECUTION OF GRANT DEED (Jose A. De Sousa and Gize1a De Sousa) . Payroll & Claims There were 127 claims in the amount of $125,181.04, and 304 payroll warrants in the amount of $106,054.39, for a total of $331,235.43, dated April 29, 1977, 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. ~~TTERS INITIATED BY THE STAPP (Rec. Plant Funds) The City Manager reported on the meeting he had in Sacramento with the State Water Quality Control Board representatives, concerning the grant for the water reclamation plant. The City was able to convince the representatives that the pending application was not CM-34-60 May 9, 1977 (Rec. Plant Funds) contradictory to the intentions of LA~~, but rather was compli- mentary to it. The City also has about nine years experience in the field of water reclamation and the City's information could be very valuable to the LAVWMA study. The priority list will be adopted, formally, at their formal meet- ing, next week. (General Plan Amendment) The County General Plan Amendment will be discussed by the County Board of Supervisors at the hearing scheduled for Thursday, May 12, at 9:00 a.m. Mayor Tirse11 and Mr. Parness will attend the hearing with the City's consultant and attorney. (re Funding for Duarte Garage) Mr. Parness reported that he has received a letter from Mrs. Newton which indicates that she will be meeting with representatives from LARPD to discuss funds for the restoration of the Duarte garage and she would like the Councilmembers to attend the meeting also. MATTERS INITIATED BY THE COUNCIL (Holdener Dairy Sign) Cm Turner stated that several months ago the Council discussed the ~_ / Holdener Dairy sign. At that time he held the minority position ,~~\~~ and if there is any support he would like the Council to discuss ~~,Y that item. ~ Cm Turner requested that this be an agenda item in two weeks. (Hwy 84 Reroute) Cm Kamena commented that he would be interested in discussing the rerouting of Hwy. 84, with regard to the Isabel connection. Mr. Parness explained that this matter has been discussed on many occasions and he will be happy to provide updated informa- tion for the Council. (Report re Solid Waste Committee Meeting) Cm Dahlbacka stated that at the Solid Waste Committee meeting, there was unanimous support, of those attending, for AB 860. He would like to comment that the City's linear rate issue for water, has not been decided and he would like to request this as an agenda discussion in the future. (Jaycees Awards) Cm Staley commented that he read in the newspaper that the Jaycees brought back numerous awards from their state meeting and it would be appropriate for the Council to extend congratulations to them in the form of a proclamation. They have undertaken many worthy CM-34-6l May 9, 1977 (re Jaycees) projects for the community in the last few years and these efforts should be recognized. The staff was directed to prepare an appropriate proclamation. (Health Services Agency) Mayor Tirsell asked if Mary McCarthy, the City's appointment to the Health Services Agency, was seated and Mr. Parness indicated that her name was submitted as a provider and he is not sure if she was appointed. He will check and report back to the Council. (Board of Supervisors Meeting - May 26) Mayor Tirsell stated that the County Board of Supervisors will be meeting on Hay 26, at Granada High, at 7:00 p.m. and will be taking testimony from the public. She encouraged anyone interested to attend the meeting concerning the Alameda County General Plan. ORD. REZONING DEVANY PROPERTY ON MOTION OF eM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED THE ZONING ORDINANCE N1ENDHENT REZONING THE DEVANY PROPERTY ON JUNCTION AVENUE TO THE RG-12 DISTRICT. ORDINANCE NO. 920 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS kMENDED, OF THE CITY OF LIVEID10RE BY AMENDING SECTION 3.00 THEREOF, RELATING TO ZONING. CITY MANAGER STATUS REPORT Civic Center The City is calling for bids for the Civic Center main irrigation system in preparation for the use of the new CETA employees. Public Works Over the past few months the City has lost four water reclamation plant operators. The City hires them and then someone else hires them. Planning The Planning Commission will be visiting Davis to discuss the Davis Energy Program, and some growth control measures used by that city. Shared Recruitment The City will be trying the shared recruiting program and the testing will begin soon for fire fighter classification. This will involve six fire fighter agencies for the preparation of eligibility lists to be used by each of the agencies. About 750 applications will be tested and processed. CM-34-62 May 9, 1977 CETA Employees The City has hired 16 CETA employees and 7 more will be processed over the next few weeks. ISO Grading Schedule The ISO Grading Schedule has been done by the fire insur- ance service organization and the fire department people are in the discussion stages with them to receive the details of their report. A copy of the report and a presentation will be made by the fire officials- in the near future. State Fund Notice Workers Compensation Insurance has been dropped, and State Fund was covering everything in excess of $100,000 liability and they have notified the City that they are raising this to a maximum of $250,000. The City must receive other coverage for the $100,000 to the $250,000. Bids were received today but the results are not available at this time. Finance All business licenses are now being placed on the computer which will aid the City in getting notices out concerning due dates, etc. Football Game Mr. Parness reminded the Council of the concern he had expressed over the safety of the players participating in the fireman- policeman football game, and unfortunately, one of the staff members underwent surgery on his leg because of an injury he sustained during the football game. He will be off duty for two months and recuperating for about four months thereafter. Taxpayer money is involved in payment of salary and job replace- ment, while someone is out, and the Council advised that the City Manager encourage other types of sports for those groups who want to compete. CPR Training The newly mandated training process (CPR) Cardio-Pulmonary Resuscitation required by state law is almost finished. Each deputized officer must undergo nine hours of this training which is conducted by the Red Cross. The training is valuable; however, it must be given on off-duty hours so the total bill so far is about $7,000 in overtime. Also, this training must be renewed each year to keep current. LLL Technology Transfer Program Leading institutions around the nation participate in LLL's Technology Transfer Program. The various institutions assign certain members of their staff to do investigatory work on different techniques which are applicable to government and which we do not have the R&D capability to perform. LLL met with Chief Lindgren recently regarding some techniques in- troduced in the Los Angeles area which we may be able to benefit our City. CM-34-63 !lay 9, 1977 (City Manager Status. Report) New Assistant City Attorney Linda Breeden was introduced and welcomed as the new Assistant City Attorney. ADJOURNMENT There being no further Council business, the Mayor adjourned the meeting at 12:00 midnight. ~-m ~~ ~ayor APPROVE ATTE Regular Meeting of May 16, 1977 A regular meeting of the Livermore City Council was held on May 16, 1977, in the Municipal Court Chambers, 39 South Livermore Avenue, Livermore, California. The meeting was called to order at 8:05 p.m. with Mayor pro tempore Kamena presiding. ROLL CALL Present: Cm Dah1backa, Kamena, and Cm Turner Absent: Cm Staley and Mayor Tirse1l (both excused - attending legislative conference) PLEDGE OF ALLEGIANCE Mayor pro tempore Kamena led the Counci1members as well as those present in the audience, in the Pledge of Allegiance. MINUTES - 5/2/77 P. 38, motion under East Avenue Future Width Lines item should read: ON MOTION OF CM DAHLBACKA. SECONDED BY CM STALEY AND BY UNANIMOUS VOTE. ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF r~Y 2, 1977, WERE APPROVED, AS CORRECTED. CM-34-64 May 16, 1977 OPEN FORUM (Budget) Ray Fa1tings, 1018 Via Granada, stated that P1easanton is working on their budget for this coming fiscal year and he is concerned that the citizens haven't seen anything yet relative to Liver- more's budget. Mr. Parness explained that in the past the Council has always discussed the preliminary budget about the third week in June and last year it was discussed a little earlier. It is antici- pated that the preliminary budget will be distributed to the Council around the first of June this year and copies will be available to the public in the Library. (Street Repair) Joseph Marper, representing the Maple Square merchants (area at First and Maple Street) stated that the Planning Commission has informed them that street repair will begin on June 15th and there will be no street parking on Maple Street during that time. The street work will be taking place from June 15th through the end of September, and this happens to be their busiest season. They would like to request that First and Maple be repaired first, with the East Avenue/Maple Street area repaired last. They would also like to request diagonal parking along Second Street, east of Maple Street, during the repair period, and then become permanent parking later. r1r. Lee indicated that the staff would do everything they could to persuade the contractor to begin at the First Street end, if this is what the merchants would like. As for the diagonal park- ing, this might create a problem and he would like staff study before making a commitment of this nature. If the Council would like the diagonal parking perhaps a staff report could be prepared on this item. Mr. Lee was asked if the staff has considered the merchants in planning the project so that traffic will be allowed to flow along the street, even during construction, and Mr. Lee indicated that there will be traffic movement up and down the street. There will be some time when traffic will not be allowed, but this will be a minimum interruption of the traffic. Mr. Marper was asked to meet and discuss the schedule with Mr. Lee so that the most satisfactory schedule can be agreed upon. Mr. Lee was asked to report back to the Council concerning the feasibility of diagonal parking on Second Street, as requested by the merchants, for discussion as an agenda item. (PG&E Rates) Roman Morkowski, 1987 DeVaca Way, asked that the City do something about the PG&E rates. He addressed the Council in the past con- cerning this item and received word that the City had written to the PUC. After the letter was sent to the PUC, PG&E requested even higher rates, and the rate was granted. He feels this is an insult to the City that should be rectified. Mr. Parness explained that the PUC indicated that the reason they allowed the rate increase was because of the energy costs and that PG&E was justified in their request. CM-34-65 Hay 16, 1977 (PG&E Rates) It was suggested that the staff send a copy of the City's correspon- dence to the PUC, to our assemblyman and senator. The City had written to the PUC urging that PG&E bear some of the hardships of the energy crisis and receive a smaller return than usual because the citizens are trying to use less gas and electric but their bill is not lower. It would appear that the only solution to the problem would be an appeal by the legislature. (Leonard Property) Paul Tu1l, 2243 Linden Street, stated that on behalf of Elba Leonard, he would like an explanation of the letter sent to Mr. Leonard, dated May 14th from Mr. Lee. The letter referenced work to begin shortly on the property acquired by the City for the extension of Railroad Avenue. The City Attorney explained that the state law allows the City to take possession of land before actual acquisition of title through a final order of possession. He added that Mr. Leonard has legal representation and that further discussion of the item would be inappropriate. He has been discussing this matter with Mr. Leonard's attorney. (Holmes Street/Vancouver Way Intersection Item) Paul Tu11, 2243 Linden Street, read a prepared statement accusing staff members of making false statements concerning the flashing yellow lights along Holmes Street, and what the speed limit should be, in an effort to hide incompetence. Mr. Parness commented that he has a report from the Chief of Police concerning the flashing yellow light that Hr. Tull keeps referring to, and the light has nothing to do with modifying the speed limit. The light is an alert to the motorists to observe the speed limits posted. Mr. Tull stated that the flashing light is beneath a sign showing children crossing and where children cross the speed is 25 mph. COMHUNICATION RE BART STOP - MURRIETA A letter was received from Robert S. Allen, BART Director, urging the Council to reconsider placement of the southbound bus stop on the south corner of Murrieta and 01ivina, and allow the bus stop to be at the northern corner where there are sidewalks and street lights. The Council discussed the merits and disadvantages of both stops being considered (south or north) and Mr. Lee indicated that if the stop were at the south corner, that area would be paved, and lighting is fairly good in that area. The Council always has the third option of leaving the stop where it is presently located. Mr. Lee was asked to report on what problems might be encountered with the southern bus stop, i.e., rain puddles, pedestrian traffic, etc. Item noted for filing with direction to the staff to write to Mr. Allen explaining the City's intentions. CH-34-66 May 16, 1977 COMMUNICATION RE NOISE & VEHICLE VIOLATIONS A letter was received from Charlene Herrick, Livermore, concerning noisy vehicles. She indicated that federal and state government set noise emission standards but enforcement is left to local police and sheriff departments. She asked that the City respond to her letter to inform her of whether or not the City intends to institute a vehicle noise enforcement program in Livermore. A memo from the Chief of Police indicates that the police depart- ment spends a great amount of time dealing with the abatement of noisy vehicles, in addition to noise complaints relative to animals, parties, loud radios, etc. Officers have been directed to pay particular attention to vehicles emitting excessive noise. Mr. Freynik, Livermore, stated that his family is more aware of and sensitive to the increasing problem of noise pollution in our society, and would assume that the Council is also aware of the increased problems. He indicated that his wife has written to the Chief of Police but as citizens, have seen no improvement of the problem. He would urge the City Council to provide relief from noise and to direct the Chief of Police to take means of implementing a noise abatement program, which he outlined for the Council. Mr. Freynik was invited to attend a meeting of the Noise Abatement Committee and to apply for membership, as there is an opening on that committee. Mr. Freyriik indicated that the Noise Abatement Committee is looking at the overall picture of noise, and he and his wife are interested in abating the worst offender now. Laws exist now, but enforcement is lacking. It was noted that a recommended procedure was received this evening directed to the Council and perhaps Mr. Parness could meet with Chief Lindgren and report back to the Council as to how some of the recommendations can be implemented. The Council concurred with this recommendation. REPORT RE VEHICLE REGULATIONS - PRIVATE PROPERTY A report was submitted to the Council by the City Attorney con- cerning enforcement of vehicle regulations on private property with respect to the reserved parking spaces for handicapped. California statutes enable cities to enforce regulations con- cerning the parking spaces designated for handicapped parking but enforcement would require adoption of either an ordinance or a resolution, notice to the private property owner, a public hearing, and posting of signs notifying the public of the intent to enforce the parking restrictions. The City Attorney outlined the four vehicle code sections that would be enforced with the adoption of a resolution, which he would prefer, and would include enforcement of the restrictions of the handicapped parking. CM DAHLBACKA MOVED TO ADOPT A RESOLUTION ENFORCING THE FOUR VEHICLE CODE SECTIONS, AS OUTLINED BY THE CITY ATTORNEY, AND TO SET A PUBLIC HEARING FOR JUNE 20, 1977. MOTION SECONDED BY CM TURNER AND PASSED BY UNANIMOUS VOTE. CM-34-67 Hay 16, 1977 REQUEST FOR FINANCIAL ASSIST. Kay Honode1, 972 Coronado Way, stated that she is the coordinator of volunteer services for the Livermore School District but she also helps the Valley Volunteer Bureau. She believes there is a need to develop human resources in this society, and use the talents of our local citizens. Betty Stallings has ,~en the catalyst in the .formation of the Valley Volunteer Burea<<~t~d a year ago theY -S~R~or--pi~~r~~ decided to pay Betty half-time for her full-time work. Betty Stallings, Director of the Valley Volunteer Bureau, stated that she has submitted an expanded proposal for the Council's review, which includes a detail of the Bureau's history, the services provided, the current budget, and a request for financial assistance from the City of Livermore. She asked that the Council consider making a pledge of $3,000 towards their annual budget of $12,000 for the coming fiscal year. She then explained the development of direct ties to the City of Livermore and how their service is directly affecting the work of City hall, which includes trying to find jobs during the summer for youths, volunteer staff services, a summer recreation program for Horizons, temporary taxi service for local citizens, and transportation for handicapped. They are in the process of developing a skills bank for people who are retired. Currently, both United Way and CountyAR~7LeL sharing money is unavailable to any new agency and therefore they are hopeful that P1easanton, Dublin and Livermore, the areas they are serving, will share in their operations. If each agency would donate $3,000 towards their budget, they could raise the remaining $3,000 in a fund raising event, to carry them through the next year. The comment was made that it has always been Council policy not to donate to any organization unless it is a City organization; however, volunteer services could be viewed as a type of contracting service for the City and perhaps a contractural arrangement could be provided for rather than making a donation. Most organizations are socially oriented and do not provide a service to the City but volunteer service would seem to be different in that its purpose is to serve. It was noted that in July of 1974, the Council discussed the policy of funding outside agencies, and it was concluded that the City would not use tax money for the purpose of funding activities such as the rodeo parade, Jaycees activity, or Rotary activity, etc. There was no discussion, however, relative to volunteer services. The Council discussed the possibility of contracting for volunteer services for the City, for $3,000. The City Attorney commented that this would be legal as long as the contract is with the agency, itself, and services of individual volunteers are considered to be voluntary with no contract entered into between the volunteer and the City. Betty Stallings was asked if the $3,000 would be a one time request, or ongoing request, and she indicated that she would see this as a one time request under normal circumstances, but if it is to be a contractural agreement she might view it differently. The suggestion was then made that the City allocate $3,000 to COVA, earmarked specifically for the Volunteer Bureau, to overcome the question of funding an outside agency. This may allow the Bureau the ability to apply and receive grants. CM DAHLBACKA MOVED TO DONATE $3,000 TO COVA, TO BE SPECIFICALLY SET ASIDE FOR THE VALLEY VOLUNTEER BUREAU. MOTION SECONDED BY CM TURNER AND PASSED BY UNANIMOUS VOTE. CM-34-68 May 16, 1977 (Request for Financial Assist.) Ray Faltings, 1016 Via Granada, stated that he feels an effort should be made to contact our representative on the Board of Supervisors, to see if the County can appropriate money for the first year, since this is an agency that serves many of the County areas. The COVA representatives indicated that they would be more than happy to pursue the suggestion presented by Mr. Fa1tings but the Bureau has already asked the County for assistance and they are not able to help at this time. The City Attorney will be reporting'on this item and if possible will prepare a resolution for later adoption. REPORT RE ATTIC FAN ORDINANCE The City Manager commented that the Chief Building Inspector has written a report, in response to the report from the Energy Conservation Committee concerning the Attic Fan Ordinance. The ordinance draft prepared by Mr. Street, however, may be in conflict with a major ordinance program that the staff is going to be bringing to the Council. The new ordinance would address the question of attic fans with a new home inspection program. Perhaps this matter could be referred back to the staff to be incorporated with the information that will be coming to the council, and made to be consistent with the new ordinance. The comment was made that it was the intent of the Council that all homes should be effectively insulated, with or without air conditioning, before the home is sold, and this seems to be reflected in the ordinance prepared by Mr. Street. Perhaps the matter should be referred to the Energy Conservation Com- mittee for consideration of the ordinance, with the request that the Committee report back to the Council. Mr. Gorland commented that Mr. Street has suggested that the Council might wish to consider amending the ordinance to require attic insulation in all residences, at the time of sale. The comment was made that the ordinance is not the issue, but rather the issue of attic insulation requirements. Maryann Hannon, 391 Pearl Drive, stated that as a member of the Energy Conservation Committee, they have not heard of a revision to the ordinance, but they did discuss endorsement of requiring all homes to be insulated prior to sale. It was the consensus of the Council to refer the matter to the staff for preparation of a new ordinance and to be discussed as an agenda item at a later date. COUNTY CRIME PRE- VENTION COMMITTEE The Chief of Police reported that the Alameda Regional Criminal Justice Planning Board has requested that each agency select an individual from the community to serve as a citizen member. The police department has selected Dorothy Sladky to serve with Sergeant Donald Lee, as Livermore's representatives. The Council is encour- aged to endorse the department's selection. CM-34-69 Hay 16, 1977 (Crime Prevention Cornrn.) ON HOTION OF CH TURNER, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, THE APPOINTMENT OF DOROTHY SLADKY WAS ENDORSED BY THE COUNCIL. REPORT RE EIR GUIDELINES ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED A RESOLUTION AMENDING ENVIRONMENTAL IMPACT GUIDELINES TO REFLECT A 10 DAY NOTIFICATION PERIOD TO CONFORM WITH THE ZONING ORDINANCE SECTION, RELATIVE TO PUBLIC HEARINGS. RESOLUTION NO. 93-77 A RESOLUTION N1ENDING RESOLUTION NO. 307-76 REVISING NEGATIVE DECLARATION PUBLIC NOTIFI- CATION PERIOD FOR PROJECTS CONSIDERED IN ACCORDANCE WITH THE ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. CONSENT CALENDAR Departmental Reports Departmental reports were received from the following: Airport Activity - March Fire Department - January-March Quarter Horizons - January-March Quarter Mosquito Abatement District - March Water Reclamation - March-April Res. Adopting Air- port ~aster P~~~ The Council adopted a resolution adopting the Airport Master Plan, as amended, reflecting previous action by the Council. RESOLUTION NO. 94-77 A RESOLUTION ADOPTING THE AIR- PORT MASTER PLAN, AS &~ENDED Res. re Transit Facilities Planned by VCSD The Council adopted a resolution supporting an amendment to the Government Code to authorize transit facilities planning by VCSD. RESOLUTION NO. 95-77 A RESOLUTION SUPPORTING AMENDMENT OF GOVERNHENT CODE TO AUTHORIZE TRANSIT FACILITIES PLANNING BY VALLEY COr~1UNITY SERVICES DISTRICT CM-34-70 May l6, 1977 Res. re Voluntary Compliance re Desig- nated Smoking Area~__ The Council adopted a resolution requesting voluntary compliance with the observation and use of designated smoking areas. RESOLUTION NO. 96-77 A RESOLUTION REQUESTING VOLUNTARY COMPLIANCE RELATING TO DESIGNATION/ OBSERVATION OF PEID1ITTED SMOKING AREAS Res. Auth. Exec. of Deeds & Quitclaim The Council adopted resolutions authorizing execution of deeds and easements, and a quitclaim deed, all pertaining to the grade separa- tion project. RESOLUTION NO. 97-77 A RESOLUTION AUTHORIZING EXECUTION OF DEEDS AND EASEMENTS (Southern Pacific Transportation Co. and Western Pacific Railroad Co.) RESOLUTION NO. 98-77 A RESOLUTION AUTHORIZING EXECUTION OF QUITCLAIM (Southern Pacific Transportation Co.) Planning Commission Minutes - 5/3/77 The Planning Commission minutes for the meeting of May 3, 1977, were submitted for informational purposes. Payroll & Claims There were 103 claims in the amount of $87,398.10, dated May 11, 1977, and approved by the City Manager. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER, AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. r1ATTERS INITIATED BY THE STAFF (re SB 500 - Ban on Smoking) The City Attorney reported that SB 500, the Ban on Smoking Law, passed the Senate Health and Welfare Committee and has been referred to the Senate Finance Committee. It has not yet been set for hearing. CM-34-7l ~1ay 16, 1977 'tATTERS INITIATED BY THE COUNCIL (Complaint re Tracks Remaining in Street) Cm Turner stated that he received a complaint concerning the tracks which are still remaining in the street, next to Safeway. Mr. Lee stated that removal of these tracks is part of the Railroad Avenue extension project and the tracks will soon be removed. (Second Street/Third Street Merchants) Cm Turner stated that the merchants along Penney's and the Squire, have indicated that the bike lanes on Third Street are rarely used and the bike lane has taken away parking spaces. They would request that the City conduct a study for the purpose of determining whether or not the street should continue as a designated bike route. Dom, from Dom's Surplus, suggested that Fifth Street be made a good bike route, because many children ride on Fifth Street. I f'1 Mr. Lee was asked to submit a report and the 1 tern will be M.~ ,11 1''; discussed by the Council at a later date. v~~ (Waiver of Police Fee) Cm Turner stated that as a Rotary member, he has been asked by the Rotary to request that the City absorb the cost of volunteer police service for the Mel Tillis concert, which is a benefit concert for the lighting of Robertson Park. The cost to the City would be $400 and perhaps it could be absorbed by the City, as is the cost of police services for the rodeo parade. Cm Turner asked that this be discussed by a full Council at the next meeting. The $400 contribution by the City would assist the Rotary as well as the community in helping to light Robertson Park. (AB 1318 - Refuse & Garbage Collection) Cm Dah1backa stated that AB 1318, if passed, would establish a uniform method of accounting for refuse and garbage collection, state wide. The advantage of this would be the ability to compare the efficiency of one operator with another and what people pay in other areas as well as what type of service they are getting. He would request Council support of AB 1318, prior to hearing in Committee which will be May 18th. In view of the time constraint perhaps a telegram could be sent. It was the consensus of the Council to support AB 1318. (COVA Meeting) Cm Kamena reported on the last COVA meeting at which time there was significant progress made relative to the Del Valle, Zone 7 water treatment plant, changes to the JPA, and other items. The exercise of the Joint Powers Agreement will be discussed by the Council on ~1ay 23, and it must be adopted no later than June 2. CM-34-72 May 16, 1977 CITY MANAGER STATUS REPORT County Gen. Plan Hearing Mr. Parness reported on the County General Plan hearing which took place at Granada High. Supervisor Raymond made some very pointed inquiries." to the proponents of New Town, which was very interesting. Never before have questions such as those asked by Supervisor Raymond, been asked, and there were no answers available to the questions. Questions such as how will fire stations, schools, and sewage be taken care of were asked, and no answers were available. Supervisor Cooper indicated that the questions being asked were not pertinent to a general plan but would be dealt with in a specific plan, later. The afternoon was devoted to testimony of the opponents of the plan, and the presentation was well done. r1aury Engle gave an outstanding introduction which was followed by testimony by Mayor Tirsell and the City Manager and then the two consultants. The meeting was adjourned in the evening and will reconvene next Thursday in Livermore for the purpose of hearing from the general public. Annexation The Doolan reservoir site has been acquired by the City and needs to be annexed to the City, as well as the Max Baer Park addition, and the small parcel of property adjacent to the portola Park. Maps are being prepared and will be coming to the Council for annexation. Railroad Avenue Construction on Railroad Avenue began today and the completion date is supposed to be by September but the contractor feels it will be finished prior to that date. Estimate of Population The City has applied to the State Department of Finance for an estimate of population, as has been done for the past 15 years. This extremely important to the City because each person is worth about $28 with respect to state grants. Visit to Davis The Planning Commission has taken a trip to Davis to discuss land use planning control methods used by the City of Davis. The Planning Commission will be reporting on their visit in the near future. Radar Gun The radar gun for the Police Department has been delivered and was tested today, and will immediately be placed into service. CM-34-73 Hay 16, 1977 Personnel Problems The City is having personnel problems in the Police Department for a number of reasons, and six officers are off duty, two of which are in the Police Academy. With a small police force, the absence of six officers poses an extreme hardship on the City. CETA Employees The City has hired all of the people allowed under the CETA program consisting of 13 for the Public Works Department, 6 at the Golf Course, 1 in Personnel, 1 clerical and an additional person who will be painting at the Barn. Oakland Scavenger Oakland Scavenger and the City of Emeryville have finally come to agreement concerning rate adjustments. Workers Compensation Insurance Workers Compensation Insurance is a problem again and the City has assumed self-insurance coverage for up to $100,000 in liability and excess coverage is purchased from State Fund, up to $10 million. State Fund has notified the City that they will offer this, coverage, but only in amounts in excess of $250,000. The City has solicited competitive bidding for this type of umbrella coverage and as yet is unsuccessful in obtaining quotations. Four bids were received but responded only up to the $5 million coverage with the premium going from $16,000 to $25,000 for next year. If the City wants to go up to $10 million, it is estimated that the City would have to spend an additional $7,500. Fire Department Station #4 has been completed with final details being corrected. The station should be occupied by June 15. ADJOURNMENT Mayor pro tempore Kamena adjourned the meeting at 10:00 p.m. ATTEST -7/ P t-n fn ~ ,-O,,{ .1 yor l) ! ? 1\ 1 . 'I'J . j,- ! ;;.." APPROVE C~1-34-74 Regular Meeting of May 23, 1977 A regular meeting of the Livermore City Council was held on May 23, 1977, 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. MINUTES - 5/9/77 Cm Turner requested that the minutes be tabled until after discus- sion of Item 3.4 of the agenda. ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE MINUTES WERE TABLED. OPEN FORUM (Townhouse Motel Sign) Mr. Patel, owner of the Townhouse Motel at 1521 First Street, stated that people traveling from the direction of Stanley Boulevard cannot see the Townhouse Motel sign from that direction and they pass the motel. He would like to remove the tree that is blocking the motel sign. Mr. Patel was asked to contact the City Manager so that a staff report can be made to the Council. (City Insurance) Roman Morkowski, 1521 DeVaca Way, stated that Mr. Parness has announced that a $16,000 full insurance coverage for the City will cost $31,000 this year. Adding this to the $50,000 increase last month, equals $65,000 the insurance corporations have taken from the City of Livermore in less than six weeks. It is time that the Council demand a Congressional investigation in Livermore to determine what effect the corporations have on the City of Livermore and its people. (Accusations re Police Chief) Paul Tull, 2243 Linden Street, stated that the Police Chief lied to him in a direct answer to a question and the statement was not something he had overheard during recess. He added that the person to the right of the City Manager had stated that Mr. Tull had over- heard something in the hall and this is not true. R. P. Christmas, 394 Pearl Drive, defended the Police Chief by saying that he does not believe the Police Chief would lie and he should not be accused of lying when he is not present to defend himself. CM-34-75 May 23, 1977 P.H. RE REVENUE SHARING GRANT - CITY ADMN. BLDG. A public hearing has been scheduled for the purpose of receiving oral and written testimony concerning the expenditure of revenue sharing funds. It is the City's intention to build the City Administration building with the funds, and the funds to be received over the next 3-3/4 years will amount to approximately $1,000,000. Public Testimony - Verbatim Transcription Fran Weisner, 883 Adams Avenue: I would like to suggest one good large project, not frittering away our money on little projects. If a City Hall is built I would like to suggest that it be considered that it be built out of adobe, that all of the citizens in the commun- ity have a part in building it, as have been done in other areas, and that this be used to train people who are of low income. There are additional funds available for such a project. You have a reprint of something from the Adobe News telling about training of people for building with adobe, and also you have a draft proposal which was written by Dr. Schultz, who teaches adobe making. This was for a community center but it could be the same - proposal could be used for the City Hall and it would be something that all of us would be part of. It would be training people to build their own homes - people whose income now puts them entirely out of the new home bracket. They would be able to have homes and it could be a real community pro- ject and cost much less than conventional building. Jerry Wilverding, 4886 Primrose Lane: There is a need for a City Hall and we are presently at work providing this solution. Few of us realize how near the resolution. Our City has, at present, little if any industrial growth, little commercial growth, very little housing growth, and precious little residential sewer capacity. Our City is adamantly opposed to Geldertown, the price of our resi- dential homes in our City has just about precluded a purchase by young couples of Child-bearing age. Our schools are experiencing a decline in enrollment which will be further accelerated by by these mentioned conditions. Is it then unreasonable to foresee a vacant school in our town? It is my suggestion that City officials enter into discussion for the leasing of the Fifth Avenue School. It is much more centrally located and it has a charm, a character, that is laCking in your new design, and it also has a heritage. It has helped to educate many who have made this town. There are other areas in which to allocate our federal revenue sharing monies. The utmost and insurmountable monitary problem for our City is the cost of insurance - $220,000 this year, and rising. No doubt by the end of this allotment period insurance will have cost our City over $1 million and no end in sight. This is a problem to tackle now. Don't delay. It is my suggestion that we commit our $1 million allotment to a special reserve fund and inform our insurance broker we are Changing our policy to $1 million deductable - no doubt the price will come down. With what we lose in interest and save on insurance payments, we can then initiate a much needed form of public transportation. Therefore, for the maximum benefits of all of our citizens, I urge you not to allocate these monies to construct a new City Hall. I urge you to lower the cost of City insurance, I urge you to lease the Fifth Avenue School to solve our City Hall problems; I urge you to start a mini-bus service for the benefit of the citizens of this town. R. P. Christmas, 394 Pearl Drive: I'm very much in favor of the $1.1 million to build a City Hall. If there was ever a town in the State of California that needs a City Hall, and a decent place for these people to work, it is Livermore. We've been trying to get a City Hall - been talking about it for about 20 years. As well as I remember, each time we have money they say let's spend it for this CM-34-76 May 23, 1977 (P.H. re Revenue Sharing Funds) or let's spend it for that. Now we haven't got a City Hall, so I think that above all, and I hope you City Councilmen really think about it. If you use that $1.1 million to build you a decent place that we might be able to say that we've got a decent place, and stop this rent. These old buildings, last year it was leaking and raining in there and the people didn't have a place to stay where they could work without getting water on them. I'm very much in favor and I hope you City Councilmen will consider spending that $1 million to build a City Hall. David Eller, 3797 Oregon Way: Since it seems like there's not too many ideas that are going to be brought forth for this revenue sharing - there were quite a few that were brought forth for the Housing and Community Development funds a couple of years ago and we ended up with our Community Services Building, because a few Councilmen/Councilwomen, wanted to have a building to look at to show the taxpayers where the money went. There was one City Councilman, I remember, and maybe there was more - I just remember one - who said let's use the Housing and Community Development money for seed money for various volunteer groups in Livermore (Buenas Vidas Youth Ranch which has yet to get any grant funding from the County or the federal government; historic preservation; Senior Citizens; several other things). So now we come to find out that we probably won't have enough money to even keep the Community Services Building open for maintenance and operation. Now we want to use our federal revenue sharing money for another building and I just think there is a better use that we can put the money to right now. I really was interested in what Francis Weisner had to say about enrollment indicates that Fifth Avenue School be closed and that it be used as a new City Hall. It was designed by the Livermore Valley's most famous architect, Henry H. Meyers, and it is a very nice building and it blends in architecturally with what I think the community stands for - sort of a California Spanish architecture. In any case, I figured out that proposal and I also figured the proposal I mentioned a couple of weeks ago - to use the $1.1 million to purchase the old Livermore Sanitarium, which has now become the pentacostal Bible College, which is now going to become Heaven only knows what. This is the last large area in the central part of Livermore that is up for sale for private use. I don't know of any other area that large that the City can purchase that has about 29 or 30 species of full grown trees, and that means less watering, and buildings that are already constructed. There was a memo submitted by the Livermore Area Recreation and Park District on April 13th, which describes Mr. Payne's feelings and hopes in that the Park District may get together with several other agencies in the Valley to purchase the Bible College. The only problem is I don't know where the money's going to come from and I doubt if the voters will approve any bond issue. In case the City Councilmen have not seen this memo, I have one copy and I'll give it to the Mayor, and if no more Xeroxs are made I'll mail to the rest of the City Councilmen. I really wish you would take that into consideration. Fifth Avenue School for the City Hall, perhaps, and the Bible College property, would be an interim use where we could put the City offices if we need the space and then at some later date if a City Hall must be built on top of the Police Station, we can have a design that maybe perhaps better fits what Livermore history represents. ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. It was noted that the second public hearing concerning this item will take place on June 6. CM-34-77 May 23, 1977 (P.H. re Revenue Sharing Funds) It was suggested that there be a staff report prior to the next public hearing discussion concerning items such as the cost to refurbish the Bible College and Mr. Parness indicated that the buildings are very old and it would take some time and a great deal of money to bring them up to code. LARPD investigated and determined that it would cost about $250,000 to bring them up to code for recreational purposes. It was then suggested that the staff investigate the idea presented by Mr. Wilverding for holding the $1 million in reserve as a trust for deductable on the insurance. Perhaps it would be a large savings to have a $1 million deductable, vs. the number of claims the City has had over the past five years. There might be enough savings on the insurance to pay for the cost of building a City Hall. Mr. Parness indicated that self-insurance is a highly intricate and complex subject that has been under study in Contra Costa County for about five years, and they are about to come to the point of activating it. Mr. Parness was asked to report back to the Council on the possi- bilities of the suggestions mentioned and also to find out if there is any possibility that Fifth Street School has intentions of closing. The staff was also asked to check into the amount of rent being paid by the City for rental of office space and lease space. COMMUNICATION RE DISCHARGE OF EFFLUENT DOWN ALAMEDA CREEK The City received notice from the Alameda County Water District that discharging of effluent into the Alameda Creek constitues a public and private nuisance, is injurious to health, indecent and offensive to the senses and an obstruction to the free use of property. Notice reviewed and filed. COMMUNICATION RE WASTED WATER A letter was received from Jeff Lormand, Livermore High School student, urging that the City stop wasting water and urging that Livermore begin a water rationing plan now. Mr. Parness was asked to write to Mr. Lormand to inform him of the action the Council has taken urging that all citizens voluntarily conserve water. COMMUNICATION RE CLARK PROPERTY - ZONE 7 SHARING COST OF PURCHASE A letter was submitted to the Council from Mr. Mun Mar, Manager of Zone 7, explaining the Zone's position relative to financial parti- cipation in the purchase of the Clark property the City is acquiring along the Arroyo Mocho channel on Stanley Boulevard and Murrieta Boulevard. The staff will proceed with investigation of the area desired by Zone 7 and the contribution mentioned. CM-34-78 May 23, 1977 COMMUNICATION RE INSURANCE RATES A letter was received from the State Department of Insurance, explaining the rate setting methods for casualty insurance, workers' compensation insurance, and public liability insurance. The letter indicated that a Joint Legislative Committee on Tort Liability is currently studying the problem for the purpose of recommending possible legislative reforms. It was noted that the question asked of the State Department of Insurance, was why isn't there a public accessibility to informa- tion on insurance company rate setting, and this question was not addressed anywhere in the letter. Also, there is no mech- anism for forcing the insurance company to set reasonable rates, and lastly, the insurance companies are raising the rates based on future reserve losses, and not on past losses. It was implied in the letter that public information is available on utility rates, and they have still risen, therefore, insurance rates would have gone up regardless of whether or not there was public information available. This may be true but the City has no way of knowing whether or not the rates have risen fairly, and this was the point of the letter. The Council felt the letter from the state was not very respon- sive to the questions posed by the Council and it was suggested that the Council write to the Chairman of the Senate Committee doing the analysis. John Knox has been responsive to the City in the past, and his office might include some of this in the study. Cm Staley offered to draft a letter for Council review, to be sent to Senator Knox's office. Council concurred. COMMUNICATION FROM HERITAGE PRESERVATION COMM. RE INCENTIVE PROG. A letter was received from the Heritage Preservation Commission outlining ways in which the City can provide incentives to the Trevarno Road property owners to accept designation of their homes as a landmark. They would suggest that the City agree to 1) assume maintenance of the median strip; 2) restore entrance pillars and lights; and 3) explore the possibility of LARPD par- ticipation. Item noted and filed, pending a further report from the P.C. COMMUNICATION RE DESIGNATION OF SOLID WASTE REGULA- TION ENFORCEMENT AGENCY A letter was submitted by the Alameda County Solid Waste Manage- ment Agency concerning the designation of a Solid Waste Regulation Enforcement Agency. The comment was made that there is an enforcement agency but at present no one knows what must be enforced because the regulations have not been drafted, and Cm Dahlbacka, the City's representative to the Solid Waste Management Board, is suggesting that the Mayors Conference make appointments to the Appeals Board to help allow for insulation from pressures of any enforcement agency designated. He will be reporting back to the Council as there is new information. CM-34-79 May 23, 1977 (re Solid Waste Regula- tion Enforcement Agency) If a decision is not made shortly, we automatically become the enforcement agency, according to the Legislation. It was suggested that there be a Council discussion for the purpose of being able to lobby, if it appears it is going to go to an enforce- ment agency by the Joint Powers Board. The City has some individual contracts that other agencies do not have and the City of Alameda also shares some of the concerns relative to the power of that Board. RESIGNAGIONS - ENERGY CONSERVATION COMM. & BOARD OF APPEALS Letters of resignation from the Energy Conservation Committee and the Board of Appeals were received from Bert Graf and Harold E. Moore, respectively. The Council discussed the possibility of eliminating the Board of Appeals because there are only two members remaining, but it was noted that this is a requirement of the Building Code. The staff was directed to send letters of appreciation for serving on City committees. REPORT RE SPRINGTOWN GOLF COURSE LEASE The City Manager explained that several months ago the staff pre- pared a draft agreement calling for dedication of Springtown Golf Course property and some of the structures, in favor of the City improving the buildings and structures for golf course related use. The agreement was negotiated with ad hoc members of Association members in the area and then discussed with the Association members. One strong feeling they had was that the property and improvements should not be dedicated to the City but leased. They have no objection to a longer term lease but they would prefer not to have the title transferred to the City. The City has no objection to leasing, provided that the lease cannot be cancelled without absolute, just cause, and that if there is cancellation prior to termination of the lease agreement, there is reimbursement to the City for the balance of the investment installed. This has been worked out with their attorney and the City Attorney's office. The City and Association have agreed to a 50 year lease with the obligation on the part of the City to make improvements to the building for a pro shop and snack bar, at an estimated cost of $20,000, and to retain a golf pro. Mr. Parness cautioned the Council that the improvements and the retention of a golf pro will certainly help the golf course in attracting additional play at the course, but there will probably not be a significant change in the financial status of that course. In the event the Council decides to stop operations at the golf course, the property and structures would revert back to the Association. CM STALEY MOVED TO ADOPT A RESOLUTION AUTHORIZING EXECUTION OF THE LEASE WITH THE SPRINGTOWN ASSOCIATION, SECONDED BY MAYOR TIRSELL. Discussion followed concerning maintenance costs and Mr. Lee estimated that the cost for the parking lot would be about $300 per year. CM-34-80 May 23, 1977 (re Springtown Golf Course Lease) Mr. Parness felt there would be very little maintenance costs relative to the structures, as they are fairly new. Mr. Lee added that the cost of painting and roof repairs would amount to about $300 per year but the maintenance of the inside of the building would be the responsibility of the golf manager. The Council also discussed the retention of a golf pro and Mr. Parness reported that the City has not done preliminary research on the retention of a golf pro because the City had not completed negotiations concerning the golf course. If the Council approves the lease agreement, he would suggest that finalization be contin- gent upon the retention of a golf pro. If the City cannot obtain the services of a golf pro there would be little reason to proceed with the recommended improvements. Concerns were expressed over spending $20,000 for improving the golf course when this mayor may not attract more people to play at the springtown Golf Course. The City has an l8-hole golf course which has all the necessary amenities and people may not necessarily go to the 9-hole course regardless of improve- ments made there. The comment was made that if the City waits to execute the agree- ment after the City has retained a golf pro then it will take an additional couple of months for the improvements to be made which means that the improvements will be done towards the end of the playing season. The City Manager was asked if he could make a suggestion as to how this dilemma could be overcome. Mr. Parness indicated that the City may be able to retain a golf pro within 30 days and the improvement work can begin shortly thereafter. Hopefully, improvements can be completed with a golf pro on board within four months. CM TURNER MOVED TO AMEND THE MOTION TO SAY THAT THE LEASE SHALL NOT BECOME EFFECTIVE UNTIL AFTER A GOLF PRO HAS BEEN RETAINED AND THE COUNCIL HAS APPROVED OR DISAPPROVED THE SALARY. AMEND- MENT SECONDED BY CM DAHLBACKA. The City Attorney explained that the agreement has a self-executing noncompliance feature in favor of the Association. If the City does not enter into possession of the premises and begin making improve- ments, then at some point the Association could maintain an unlawful detainer action for noncompliance with the terms of the lease. This would require the City to begin improvements of the property, imme- diately. He would suggest that if there are any questions that are not resolved, the best approach would be to defer execution of the agreement. The Council discussed whether or not to go ahead with the lease agreement and some of the Councilmembers felt the Council has a moral obligation to go ahead with the agreement because this matter has been going back and forth for some time and the Asso- ciation has been given the impression that the City is ready to proceed. Concern was also expressed relative to having improve- ments ready for the playing season this year. AMENDMENT TO THE MOTION WAS RESTATED AS FOLLOWS: THAT THE COUNCIL ENTER INTO THE LEASE BY SIGNATURE, SUBJECT TO THE CITY COUNCIL'S APPROVAL OF AN ACCEPTABLE GOLF PRO, AND TO ALLOW AN EXPENDITURE OF FUNDS BY THE CITY AS SOON AS THE CITY MANAGER HAS FOUND A GOLF PRO THAT HE CAN RECOMMEND TO THE CITY COUNCIL. AMENDMENT SECONDED BY CM DAHLBACKA. CM-34-8l May 23, 1977 ere Springtown Golf Course Lease) The City Attorney commented that the effect of a conditional accept- ance, would be that the City would not have full execution of the agreement until the conditions are removed. Anytime up until that point, the Springtown Association would be free to extend. Mr. Morkowski stated that he feels the City should consider where the players will be coming from. If the City intends to attract people from other areas such as Fremont or Tracy, the improvements would be worthwhile; however, if people are going to go from Las positas to play at Springtown, the City would be defeating its purpose. He would suggest that the City conduct a survey to find out where the additional rounds will be coming from. Mr. Morkowski was informed that the City did conduct a survey a year or two ago. Mr. Wilverding asked if there has been a projected deficit or profit for Springtown for this year, that can be added onto the $20,000 that will be spent for improvements. It was explained that there will be a deficit which will probably be in excess of $20,000. Robert Johnson, 701 Caliente, Chairman of the Greens Committee and the President of the Las Positas Mens Club, stated that these groups believe that the only way for Springtown to begin recovering their loss, is to have a pro shop and a snack bar available to players with a pro to help give instructions. Lorraine Brown, 813 Mayview Way, asked how the City will finance the $20,000 for the improvements, etc. and the Mayor explained that the golf course funds have a budget of their own because they are involved with a certain amount of revenue; however, the golf courses tend to lose revenue and they are supported by other funds. Ms. Brown felt the traffic signal for Holmes/Vancouver Way should be installed before the City spends $20,000 on the golf course. Paul Tull, stated that it would appear the golfers are less destruc- tive than City employees since maintenance will be too expensive to afford at the Bible College, while the Springtown Golf Course will be altered and maintained so cheaply. The comment was made that the Council discussed what could be done with this golf course during budget session last year and the Council concluded that even though the City loses money on the golf course it does generate some revenue and if it were to be maintained as a park the costs would be nearly as high with no revenue at all. The City is now trying to make improvements to help generate revenue for the City. The point was also made that the City purchases parks, builds schools, and soccer fields, which senior citizens do not use but help pay for with their taxes. When senior citizens moved to Springtown they had a reasonable expectation that the golf course would remain. It is not an unfair subsidy to provide the senior citizens with a service and to maintain a nice green section of the City. AMENDMENT PASSED BY UNANIMOUS VOTE. MAIN MOTION PASSED BY UNANIMOUS VOTE. CM-34-82 May 23, 1977 RESOLUTION NO. 101-77A A RESOLUTION AUTHORIZING EXECUTION OF AGREE- MENT (Springtown Golf Course) RECESS Mayor Tirsell called for a brief recess after which the Council meeting resumed with all members of the Council present. DISCUSSION RE COST WAIVER RE POLICE SERVICE - CONCERT A request has been received from the Rotary Club for the City to absorb the cost of police services for the recent music concert which took place at Robertson Park. The concert proceeds are to go towards lighting Robertson Park and the estimated cost of police services is $400. Discussion followed concerning whether or not the City should pay for the police services. The event was planned for the purpose of doing something to benefit the community and the City has always supported the rodeo parade by paying for police services. The argument was presented that any organization could say that their activity would be a benefit to the community and also ask for the City to help finance their projects by paying for police services. It was suggested that the Council discuss a policy regarding the payment of police services for local organizations. CM KAMENA MOVED THAT THE COUNCIL APPROVE AN EXPENDITURE OF UP TO $400 FOR POLICE SERVICE COSTS WITH A SUBSEQUENT DISCUSSION CON- CERNING COUNCIL POLICY RELATIVE TO SUPPORT OF COMMUNITY EVENTS. MOTION SECONDED BY CM DAHLBACKA. Cm Staley noted that he would abstain from the discussion and vote because he is a Rotary member and this may be considered a conflict of interest. Cm Turner noted that he is also a Rotary member but would not abstain from the discussion and vote. He stated, for the record, that the Rotary has in excess of $30,000 into this project with concrete and poles, etc., already installed. The Mayor indicated that she would be voting in favor of the motion because the City did support the concerti however, the vote would be made very reluctantly. MOTION PASSED BY UNANIMOUS VOTE WITH CM STALEY ABSTAINING. DISCUSSION RE RECON- SIDERATION OF PREVIOUS COUNCIL ACTION Mayor Tirsell has requested that the Council discuss Council pro- cedure concerning reconsideration of previous Council action, be- cause reconsideration of the Holdener Dairy sign variance has been scheduled on the agenda. CM-34-83 May 23, 1977 (re Previous Council Action - Ho1dener Dairy) The comment was made that the Holdener Dairy sign matter went through the Planning Commission, had public hearings, and was voted on by the Council last October. Council policy has always been that any request by a Counci1member for an agenda item is honored and Cm Turner requested that the Council reconsider the Holdener Dairy sign variance request. Concern was expressed that placing an item on the agenda after it has gone through public hearings would be a type of short circuit to the system by reconsidering and voting without reference to the p.C. and the advisory bodies and notification to the public, etc. It was noted that the vote on the Holdener Dairy sign was one abstention, one absence, two votes in favor of the motion and one dissenting vote. Possibly the member who was absent could request reconsideration. The City Attorney commented that the abstainer, in effect, consents with the majority vote. Cm Turner stated that he asked that the Council again discuss the Holdener Dairy sign variance - not reconsider, and the Council agreed to have it placed on the agenda. It was pointed out that any member of the prevailing side can make a motion to reconsider but the member who cast the dissenting vote cannot make such a motion. The minority member, however, can restate the original motion. Don Miller, 2862 Waverly Way, felt it would not be legal to place something on the agenda and take new action on it, after it has been through formal proceedings, unless the entire procedure is again followed. Discussion followed concerning what constitutes an original motion because Cm Turner's motion to approve the Ho1dener Dairy sign variance did not receive a second, when the Council took action in October. The City Attorney felt that the definition of the original motion is a motion made and discussed by the Council. In this case the original motion was the motion whch passed 2-1. CM KAMENA MOVED TO RECONSIDER THE HOLDENER DAIRY SIGN VARIANCE, AND POST IT FOR PUBLIC HEARING. MOTION SECONDED BY CM TURNER. A point of order called as to whether or not a member who had abstained from the original motion could be considered a member of the prevailing side and move to reconsider. The City Attorney stated that he will have to determine if Roberts Rules supersedes Council policy, because the policy regarding reconsideration differs. CM DAHLBACKA APPEALED THE MOTION TO THE CHAIR AND THE CHAIR RULED THAT AN ABSTAINER IS NOT A MEMBER OF THE PREVAILING SIDE AND THEREFORE CANNOT MOVE TO RECONSIDER. The Mayor stated that the item would be considered to be dispensed with unless a member of the prevailing side makes a motion to reconsider. There was no vote and no further discussion, but it was noted that the applicant has the right to resubmit a variance application. CM-34-84 May 23, 1977 HOLDENER DAIRY SIGN VARIANCE RECONSIDERATION Because of Council action taken on the previous item, the Holdener Dairy sign will not be reconsidered by the Council. Applicants who were in the audience were invited to resubmit a variance application or to speak to the Council during a future Open Forum time. DISCUSSION RE LAVWMA JPA The Council received copies of the LAVWMA Joint Powers Agreement, which included the revisions made by the Council the last time the agreement was discussed. The agreement must be formally executed no later than June 2. The Council reviewed the JPA and made changes, as follows: Page 3. VI. Definitions. (f) shall read as follows: "Capital Expenditures" means those expenditures or any part thereof made to acquire and construct facilities necessary to accomplish the purposes of this Agrement. Page 13. - VCSD redefinition accepted by Council and will read as follows: It is understood between the parties that purchase of capacity in this project in no way requires any dis- charger to provide equal treatment plant capacity. CM DAHLBACKA MOVED TO APPROVE THE JOINT POWERS AGREEMENT, SUBJECT TO THE DELETION AT THE END OF "DEFINITIONS (f)", ON PAGE 3, AND WITH THE CHANGE IN THE DEFINITION OF VCSD. MOTION SECONDED BY CM KAMENA. Paul Tull asked if there is an escape clause in the event the LAVWMA Pipeline Project is completed and for some reason the City can't use it, or in the event it is not built. The Mayor explained that nothing is needed by LAVWMA for an escape clause in such a case, because this is handled by the dischargers. Mr. Tull then asked if there is any agreement with the East Bay Dischargers, for a portion of the net return on the refining and sale of water. It was noted that this is subject to the EBDA Agreement and it is presently being negotiated. The Council hasn't approved it, as yet. The LAVWMA Board also has not seen the final draft of the EBDA Agreement. Don Miller, stated that the present view of the LAVWMA negotia- tors is that once the effluent enters the EBDA pipeline, it belongs to EBDA. This is a point he believes LAVWMA should reconsider in their considerations of the EBDA agreement, because LAVWMA may want to retain title to that water, because it has a value. CM-34-85 May 23, 1977 (re LAVWMA JPA) Mr. Miller stated that he has drafted wording that he would like to see in the JPA which he feels is consistent with the policies that have been adopted by the Council and would help clear up some of the ambiguities of the draft which have resulted because of the numerous revisions that have taken place. He reviewed the changes he would recommend, with the Council. The Council then discussed the issuance of revenue bonds, as out- lined on Page 10. He felt the agreement should specify purpose and limitations with respect to the sale of bonds but it was noted that the agreement may be in effect 10 years from now at which time there will be a new Board, and the agreement cannot be made to be that explicit. The comment was made that the point of the discussion seems to be a sewer treatment plant and it was noted that P1easanton and VCSD have never expressed interested in the building of a sewer treatment plant. It would seem that if sewer treatment plant is striken from the agreement this would solve the problem. Discussion followed concerning the last paragraph on the last page, under Exhibit A, relative to major projects going to the voters. CM DAHLBACKA MOVED TO AMEND THE MOTION TO SPECIFY WHAT THE BASIC PROJECT IS. AMENDMENT SECONDED BY CM STALEY. CM DAHLBACKA MOVED TO AMEND THE MOTION TO INCLUDE CLARIFYING LANGUAGE ON PAGE 15, RELATIVE TO BOND ISSUE. MOTION SECONDED BY CM STALEY. WORDING TO READ AS FOLLOWS: "Such issuance shall be subject to provisions and limitations of Section IX G., XI. A. 7 a. through d., and Appendix A." CM DAHLBACKA MOVED TO AMEND THE AMENDMENT TO ADD WORDING ON THE LAST PAGE, AS FOLLOWS. AMENDMENT SECONDED BY CM STALEY. "......any proposals for issuance of bonds or use of any other financing method to fund any project to be undertaken by the Agency in excess of the 15.62 MGD project local share funding." AMENDMENT TO THE AMENDMENT PASSED 4-1 (Cm Turner dissenting). AMENDMENT TO THE MOTION PASSED 3-2 (Cm Turner and Mayor Tirse11 dissenting). MAIN MOTION PASSED BY UNANIMOUS VOTE. DDISCUSSION RE RODEO PARADE SUPPORT ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COUNCIL SUSPENDED THE COUNCIL RULES TO ALLOW ACTION RELATIVE TO SUPPORT OF THE RODEO PARADE. ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE COUNCIL APPROVED IN KIND SERVICES OF UP TO $1,500 FOR THE LIVERMORE RODEO PARADE. The Council also approved the route and the proposed barricades. CM-34-86 May 23, 1977 REPORT FROM P. C. RE CUP APP. - Dr. P10ne The Council received a report from the Planning Commission con- cerning the CUP application submitted by Martin H. Plone to permit the use of a veterinary hospital within the "Cp" District at 1172 Murrieta Boulevard. The P.C. made the necessary find- ings, as outline in their report, and does recommend approval of the application, subject to the 10 conditions listed in the report. CM DAHLBACKA MOVED TO APPROVE THE CUP APPLICATION, SUBJECT TO A CHANGE IN CONDITION #8, TO READ AS FOLLOWS: 8. Plans shall be submitted to the Building Inspector for certification that the building shall be con- structed so as to provide attenuation, between the kennel area and adjacent residential property lines, equivalent to night time ambient levels. MOTION SECONDED BY CM KAMENA. Dr. Plone commented that originally the plans for the veterinary hospital were to be an 1800 sq. ft. structure with an additional office area. They have now decided that 1,800 sq. ft. would not be large enough and they intend to build a structure the size of 2,400 sq. ft. There is a restriction of 2,000 sq. ft. in the CUP relative to the negative declaration. The suggestion was made that the motion be withdrawn and for the applicant to work with the staff. It was then suggested that the Council approve the project with direction to the applicant and staff to submit an amend- ment to the application. This would allow the applicant to proceed with the financing, etc. MOTION PASSED BY UNANIMOUS VOTE WITH CM TURNER ABSTAINING. RES. RE HOME OCCU- PATION POLICY & PROCEDURES ON MOTION OF CM DAHLBACKA, SECONDED BY MAYOR TIRSELL AND BY UNANIMOUS VOTE, THE COUNCIL APPROVED THE PLANNING COMMISSION'S RESOLUTION, NO. 44-77, CONCERNING HOME OCCUPATION POLICY AND PROCEDURES. P.C. SUMMARY OF ACTION - 5/17/77 The Planning Commission Summary of Action from the meeting of May 17, 1977, was noted for filing. REPORT RE PROPOSED ANNEXATION - Taylor The staff reported that R. W. and G. R. Taylor have applied for the annexation of 13.7 acres of property, including a farm house, well, septic tank and farm buildings. A condition of the annexa- tion is that the land be retained as open space by means of the Williamson Act. The property is located adjacent to the Civic Center site. CM-34"'87 May 23, 1977 (re Taylor Annexation) ON MOTION OF CM KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE STAFF WAS INSTRUCTED TO DIRECT THE PREPARATION OF THE ANNEXATION DOCUMENTS. REPORT RE REQUEST FOR WATER CONNECTION The Director of Public Works reported that properties on Raymond Road and Ames Street have expressed a desire to receive water service from the City. In the past, Councils have encouraged the extension of water services and it is recommended that the Council adopt a resolution authorizing execution of agreement. Concern was expressed for extending water to areas outside the General Plan boundaries, because the City may encounter problems such as those experienced with the Anderson property. The comment was made that the with the property owners with to specify in the agreement. from arising in the future. City could execute an agreement whatever conditions the City wishes This should prevent certain conditions Mr. Henry Bettencourt, representing the applicant, indicated that the owner intends to sell the property and that one home will be built on the 20 acres. Council concern was raised concerning the possibility of lot split- ting, once the property has the water supply that is needed for this purpose. The property would be within the County's jurisdic- tion and they may allow lot splitting. Mr. Parness suggested that the agreement specify that the City reserves the right to determine the use of the property and it is recognized to be for sinqle family dwelling purposes with Council intention that it conforms to the General Plan of the City. In the event the use is ever changed the Council reserves the right to rescind the contract. The City Attorney advised that the Council can make a condition to the agreement but it would be difficult to enforce. CM KAMENA MOVED TO APPROVE THE AGREEMENT, INCLUDING THE SUGGESTION MADE BY THE CITY MANAGER, AND SUBJECT TO REVIEW AND APPROVAL OF THE CITY ATTORNEY. THE PROPERTY WILL NOT HAVE A BETTER STANDING THAN ANY SINGLE FAMILY CONNECTION IN THE CITY. MOTION SECONDED BY CM TURNER AND PASSED 2-1 (Mayor Tirsel1 dissenting - Cm Dahlbacka abstaining.) REPORT RE HOUSE NUMBER PAINTING The Director of Public Works reported that the Boy Scouts would like to paint house numbers on the curb face as a fund raising activity and it is recommended that the Council adopt a motion approving the project, provided that the property owner gives permission for the painting of the numbers on the curb. ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE COUNCIL APPROVED THE REQUEST TO PAINT HOUSE NUMBERS ON CURBS, AS RECOMMENDED BY THE STAFF. CM-34-88 May 23, 1977 REPORT RE LIVERMORE AVENUE CHANNELIZATION A report was submitted to the City Council from the Director of Public Works recommending channeling of traffic to help with the increasing traffic congestion problem on Livermore Avenue. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE LIVERMORE AVENUE CHANNELIZATION RECOMMENDATIONS WERE APPROVED. The City Manager pointed out that with the implementation of the channelization, there will be a loss of five existing parking spaces. It was noted that the affected businesses (from Second Street to Third Street on the west side) had been notified and they voiced no objections. REPORT RE RECYCLING TASK FORCE - CHARGES, DUTIES & RESPONSIBILITIES The City Manager submitted a proposed recycling Task Force report outlining the charges, duites and responsibilities. It was suggested that the resolution establishing the Task. Force charges, etc., be adopted with discussion concerning appointments to take place at a subsequent Council meeting. It was suggested that membership also include a member of the ecology center and two citizens at large. Lois Hill, from the Recycling Center, suggested that at least two appointments be made from citizens at large. The Council concurred that the membership will be composed of 9 persons, including a representative from the Ecology Center and two citizens at large. ON MOTION OF CM DAHLBACKA, SECONDED BY eM KAMENA, AND BY UNANIMOUS VOTE, THE TASK FORCE CHARGES, DUTIES AND RESPON- SIBILITIES WAS ADOPTED, WITH A NINE MEMBER COMMITTEE - DELET- ING ACCORD AND ADDING A MEMBER FROM THE ECOLOGY CENTER AND TWO CITIZENS AT LARGE. Appointments will be made at a later date. APPOINTMENTS ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, JANICE BIRD AND DIANA BOLANDER WERE REAPPOINTED TO THE BEAUTIFICATION CO~MITTEE, ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, PATRICIA REICH, AYN WEISKAMP, HARRY SILCOCKS AND ANNETTE MORRIS WERE APPOINTED TO THE BEAUTIFICATION COMMITTEE. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, RIN HARTWIG AND JUDITH TURNER WERE REAPPOINTED TO THE SOCIAL CONCERNS COMMITTEE. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, GENEVIEVE WATCHEMPINO WAS APPOINTED AS A REGULAR MEMBER OF THE SOCIAL CONCERNS COMMITTEE. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, RAELLEN DOROUGH WAS APPOINTED TO THE SOCIAL CONCERNS COMMITTEE AS A REGULAR MEMBER. CM-34-89 May 23, 1977 REPORT RE FINANCIAL CONTRIBUTION TO COVA FOR VOLUNTEER SERVICE ON MOTION OF CM KAJffiNA, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE COUNCIL MOVED TO DIRECT THE STAFF TO CONTACT COVA RELA- TIVE TO CONTRACTING WITH THE VALLEY VOLUNTEER BUREAU FOR VOLUNTEER SERVICES. The above action reflects the intent of the Council from a previous Council discussion of volunteer services. CONSENT CALENDAR Res. Rej. Claim The Council adopted a resolution rejecting the claim of Juan E. Fiallo. RESOLUTION NO. 99-77 A RESOLUTION REJECTING THE CLAIM OF JUAN E. FIALLO Report re Bids for Irrigation System The City Manager submitted a report on the bids for the City's irrigation system and recommended that the Council award the bid to Water Works Supply & Mfg. Co. RESOLUTION NO. 100-77 A RESOLUTION AWARDING BID (Water Works Supply & Manufacturing Co.) Payroll & Claims There were 73 claims in the amount of $247,447.07, and 306 payroll warrants in the amount of $130,559.49, for a total of $351,006.56, dated May 13, 1977, and approved by the City Manager. There were 86 claims in the amount of $43,160.26, dated May 18, 1977, and approved by the City Manager. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. MINUTES REMOVED FROM THE TABLE ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF MAY 9, 1977, WERE TAKEN FROM THE TABLE. P. 61, last word in third line, under Ho1dener Dairy item, change to discuss, instead of reconsider. CM-34-90 May 23, 1977 (Council Minutes) ON MOTION OF CM KAMENA, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF MAY 9, 1977, WERE APPROVED, AS AMENDED. MATTERS INITIATED BY THE COUNCIL (Discussion re Open Forum Policy) Cm Turner requested that the Council discuss the Open Forum policy at the next Council meeting. The Council concurred. (Crosswalks) Cm Turner stated that he has been contacted by Any Weiskamp, who has suggested that there be a committee to study and advise the City on better marking, placement and safety of crosswalks. (Tony Thomas Traffic Light) Cm Dahlbacka stated that people are making inquiries concerning the status of the state's participation relative to the Tony Thomas traffic light. Mr. Parness indicated that a report will be prepared for the Council's information on June 6th. The state staff has indicated that they have received the City's information and are working on this item as quickly as they can. It is possible that this is the only information the City staff will be able to obtain by the meeting of the 6th but every effort will be made to get as much information as possible. (Billboard) Cm Staley noted that there is a very large billboard along the railroad tracks in the North Livermore Street area and the City Attorney indicated that this is a matter that has been in litigation for some time. (Executive Ses- sion re Personnel) Mayor Tirsell requested an executive session after the meeting to discuss personnel matters. (Gen. Plan Hearing) There will be another public hearing on Thursday night at Granada High, at 7:00 p.m. relative to the Alameda County General Plan. (Budget Session) The Council agreed to hold the budget session on Saturday, June 11th, and conclude on Friday evening, June 17th. CM-34-9l May 23, 1977 ADJOURNMENT There being no further business to come before the Council, the Mayor adjourned the meeting at 12:00 midnight. ~~~r~ Hayor ~ ~ ~. IJ ~-~Qj~~jlt.- City Cl Livermore, C -C1-J APPROVE ATTEST Special Meeting - May 31, 1977 A special meeting of the City Council was called by Mayor Tirsell for Tuesday, May 31, 1977, at 6:30 p.m. in the Conference Room, City Hall, 2250 First Street. The purpose of the meeting was to discuss the LAVWMA Joint Powers Agreement. Present: Cm Dahlbacka, Turner, and Mayor Tirsell Absent: Cm Kamena and Staley (Seated Later) The meeting was called to order at 6:40 p.m. with Mayor Tirsell presiding. It was explained that the LAVWMA Bond Counsel wishes to have a joint powers agreement which is a finished document, and a de- cision regarding the submitted agreement must be made this evening. The changes suggested by our City Council can be presented later and acted upon. CM KAMENA AND CM STALEY SEATED DURING DISCUSSION. After some discussion regarding the matter, ON MOTION OF CM KAMENA, SECONDED BY CM TURNER, THE COUNCIL VOTED UNANIMOUSLY TO RECONSIDER THE VOTE TAKEN AT THE MEETING OF MAY 23 RE THE SUGGESTED CHANGES TO THE LAVWMA JOINT POWERS AGREEMENT. Don Miller, 2862 Waverly Way, expressed concern that the City would never have the opportunity to approve changes if they are not done now. It was explained that this action must be taken because of the time requirements. ON MOTION OF CM KAMENA, SECONDED BY CM TURNER, THE COUNCIL VOTED UNANIMOUSLY TO RESCIND THE ACTION TAKEN AT THE MEETING OF MAY 23, 1977, REGARDING THE JOINT POWERS AGREEMENT AMENDMENTS. ON MOTION OF CM KAMENA, SECONDED BY CM TURNER, THE COUNCIL VOTED UNANIMOUSLY TO ADOPT A RESOLUTION APPROVING THE PROPOSED JOINT POWERS AGREEMENT (with the amendment suggested by VCSD). RESOLUTION NO. 118-77 A RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO LAVWMA JOINT POWERS AGREEMENT. A second motion by Cm Turner, seconded by Cm Staley, REQUESTED THAT THE AMENDMENTS DISCUSSED ON MAY 23, 1977, BE SUBMITTED TO THE LAVWMA BOARD FOR CONSIDERATION, WITHIN THE NEXT 30 DAYS. MOTION PASSED BY UNANIMOUS VOTE. The meeti~djOUrned at APPROVE -1c ~ , Mayor 6,55 :~:~s~~L City er 0/ CM-34-92 Regular Meeting of June 6, 1977 A regular meeting of the Livermore City Council was held on June 6, 1977, in the Municipal Court Chambers, 39 Sou~hLivermore Avenue, Livermore, California. The meeting was called to order at 8:10 p.m. with Mayor Tirse1l presiding. ROLL CALL Present: Cm Dah1backa, Kamena, Turner, Staley and Mayor Tirse1l ABsent: None PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. MINUTES - 5/16/77 P. 72., last line under Second Street/Third Street Merchants should read as follows: Mr. Lee was asked to submit a report and the item will be discussed by the Council at a later date. ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF MAY 16, 1977, WERE APPROVED AS AMENDED. MAYOR TIRSELL AND CM STALEY ABSTAINED DUE TO ABSENCE AT THAT MEETING. Prior to approval of the minutes Paul Tull indicated that he would like the discu$sion between Mr. Morkowski and Cm Kamena included in the minutes and it was explained that the minutes reflect a general summary of Council action rather than specific statements. OPEN FORUM (Rodeo Parade) Harold Gabriel, Chairman of the Rodeo Parade, showed the Council a trophy that will be presented at the Rodeo Parade and informed the Council that they will be riding in the second stagecoach in the parade. Each Councilmember had personnaly pledged $5 towards the cost of the trophy, which they gave to Mr. Gabriel. (City Budget) R. Fa1tings, 1018 Via Granada, stated that he will not be able to attend the City budget sessions this year and therefore would present the Council with a written statement concerning the com- ments he would like to make relative to the budget. (Railroad Avenue EIR) Paul Tull, 2243 Linden Street, stated that for the past three working days he has been trying to locate the EIR for Railroad Avenue and has not been able to locate it. Mr. Tull was asked to check with the City Attorney relative to specifics of the Railroad Avenue E!R. The City Attorney commented that Mr. Tull is in disagreement with the staff relative to what type of document and determination is CM-34-93 June 6, 1977 (re Railroad Ave. EIR~ legally required, etc. This happens to be a difference of opinion and it is unlikely that further discussion between the staff and Mr. Tull will make a difference or change the situation at this point. The Mayor explained that this seems to be a matter that cannot be resolved and asked that Mr. Tul1 be seated. (Parking Problem) Mr. and Mrs. Sutter, 2262 First Street, indicated that they have a parking problem in that they live above the City Hall Annex on First Street and they keep getting parking tickets because they are surrounded by one-hour parking spaces. The Sutters were asked to make an appointment with Mr. Parness to discuss some way of sOlving the parking problem. (Plutonium Flight) David Eller, 3797 Oregon Way, asked if the City Attorney will be presenting a report on the plutonium flight and the City Attorney indicated that the matter is not on the agenda but he could give a verbal report. He has prepared a written report that he will submit when the item appears on the agenda. The Council requested that the item be placed on the next Council agenda. PUBLIC HEARING RE REVENUE SHARING GRANT The City will be receiving Revenue Sharing funds that will amount to approximately $1 million, over the next three years, and public testimony is encouraged relative to the use of the funds and the City's intentention to provide offices for administrative personnel, to be located on top of the police building in the Civic Center arei. This is the second scheduled public hearing, as required by federal regulations, for the presentation of written or oral testimony from the public. David Eller requested a one month delay prior to spending any of the revenue sharing funds, as more thought should be allowed on other possible uses of the funds. He does not agree with the staff report that was prepared concerning the acquisition of the Bible College property. The School District and LARPD will be discussing acqui- sition of the Bible College property and he believes the citizens should have the opportunity to make comments. He feels LARPD is waiting for the City to make a decision on spending the Revenue Sharing funds prior to discussing the Bible College property. There are some very old buildings as well as some new buildings on the property and Mr. Eller believes the structures could be rehabili- tated without a great deal of expense. R. Faltings, 1018 Via Granada, stated that he would hope serious consideration would be given to the idea of using the revenue sharing money for an escrow account to be used for insurance purposes, and rehabilitating Fifth Street School for a City Hall. As far as the Bible College property is concerned, LARPD is developing an area off of Arroyo Road which would duplicate some of the activities that might be established at the Bible College. CM-34-94 June 6, 1977 (Revenue Sharing Funds) Mr. Eller stated that the School District is saying that Fifth Street School will be retained as a grammar school but if it is not continued as a grammar school because of declining enrollment he would urge that it be used as a City Hall. He added that he does not agree that restoration of the Bible College property would be a duplicated effort by LARPD in comparing the restora- tion of Ravenswood. Jerry Wilverding, 4886 Primrose Lane, stated that he has suggested that the City place the funds into an insurance reserve fund. In doing some checking he finds that nobody has asked for an estimate of the cost for this type of thing, from an insurance broker. Mr. Nolan has made an estimate of what he believes the cost would be. As Mr. Wi1verding recalls, em Turner asked the staff to find out from insurance brokers, what the cost would be and then prepare a report for Council consideration. THERE BEING NO FURTHER PUBLIC TESTIMONY, ON MOTION OF CM KA~mNA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. Mr. Parness indicated that the report prepared by Mr. Nolan was based on a response from the City's insurance carrier, relative the the cost of doing what has been suggested by Mr. Wilverding. CM STALEY MOVED TO DEDICATE THE NEXT THREE YEAR REVENUE SHARING FUNDS FOR THE BUILDING OF CITY HALL. MOTION SECONDED BY CM KAMENA. It was felt that there is a need for a unified City Hall in terms of what is being lost in administrative time and so that better service can be provided, with better administration and communication. There has been no public testimony which has indicated a City Hall is not needed. Also, it was the intention of Congress that the revenue sharing funds be used for capital expenditures that could not other- wise be afforded. It was pointed out that the idea of using the Bible College site for City Hall has been discussed but it has been estimated that it would cost more than $1 million to bring the buildings up to standard. It was also mentioned that it is probably not possible for public money to be used to rescue all the old structures in Livermore. Hopefully, in the private sector, there will be appreciation for Livermore's historical background. If all properties that were felt to be of value were purchased by some public entity and removed from the tax rolls, the citizens would go broke. Also, City personnel is housed in old buldings that are separated, and if there is anything that describes the Bible College site, it would be, "old buildings that are separated". Nothing would really be gained in using that site. MOTION PASSED BY UNANIMOUS VOTE. COMMUNICATION RE BLOOD BANK DONATIONS Members of the Council have been invited to participate in the Alameda-Contra Costa Medical Association's "First Annual Donathon". Blood donations will be taken during the 34 hour donathon. Item noted for filing. CM-34-95 June 6, 1977 COMMUNICATION RE AB 1107 A letter was received Robert S. Allen, BART Director, explaining his reasons for recommending to Senator Holmdah1 that AB 1107 be amended. At present, AB 1107 would require cities outside of Alameda County to pay a 1.5% sales tax for BART, but 30% of the tax would be used to support local transit systems elsewhere. Item noted for filing. COMMUNICATION RE PUBLIC HOUSING PROGRAM ALLOC. The Council received a communication from the Department of Housing and Urban Development, concerning Public Housing Program Fiscal Year 1977 Allocations. Item noted fofr filing. It was mentioned that the Housing Authority does need to know what the City's plans are, so that they can plan ahead and the P.C. needs to pay particular attention to Tubbsville because that housing needs to be replaced when the CBD develops. COMMUNICATION RE SEWER CONNECTION FOR WAGONER FARMS AREA A letter was received from Keith Fraser Esq., requesting that he be notified of any change in the status of sewer connections for the Wagoner Farms area. Item noted for filing. cor1MUNICATION RE MAYORS TAX FORMULA DISTRIBUTION The Council received a copy of the proposed City-County Gas Tax Allocation for Fiscal Year 1977-78 and Mayor Tirse1l commented that it is doubtful that the Mayors Tax Formula will be supported next year. Item noted for filing. REPORT RE ATTIC PAN ORDINANCE The Council generally felt that the recommendations made by the Energy Committee for changes to the Attic Fan Ordinance were not substantiated with any type of written information. The Council does not know what the recommendations mean in terms of use and what the costs would be etc. It was suggested that the matter be referred back to the Energy Committee for their review and a request for information as to why the various recommendations have been made. The item will be discussed by the Council when the requested infor- mation has been made available. CM-34-96 June 6, 1977 HOLMES/VANCOUVER TRAFFIC SIGNAL The Director of Public Works reported that in discussing the intersection of Holmes Street/Vancouver Way, with CAL-TRANS, it appears that electronic signalization will be provided at that intersection within nine months. The signals will be financed by federal and state sources and it is expected that E1 Caminito will be included in the signalization. Interim measures such as speed limit reduction on Holmes Street and automatically activated advance warning lights will continue to be studied by CAL-TRANS over the next few weeks. Mr. Lee indicated that in speaking with the CAL-TRANS people they have agreed to install the equipment as soon as possible but because of the requirement for an EIR and design processes, they believe it will take about nine months before installation. Joy Rhodie, 737 Saturn Way, representing interested citizens, indicated that they are very happy with the progress that has been made but there is concern over what could be done to help with the problems at that intersection during the interm. Hope- fully there could be a reduction of the speed limit to 25 mph and perhaps a stop sign on Holmes Street. Ms. Rhodie reported that $2,000 has been collected in the Tony Thomas Traffic Light Fund, and Mr. and Mrs. Thomas will be writing a letter which will appear in the newspaper suggesting ways in which the money can be spent to help benefit children in Livermore, since the money will not be needed to help pay for the traffic light. Mr. Tull asked that the Council take immediate action to reduce the speed limit on Holmes Street because every ordinance says that the speed limit is the City's responsibility as long as it is within the City limits. There can be a three-way stop at that intersection, and there is no law that says it can't be done. Mr. Lee reported that the state speed surveys have not been completed. They have indicated that the cross-walks have the maximum standards and are visible. Also, the amber lights are visible but could be automatically activated in both directions. The Council asked that the staff petition to the state to keep the amber lights flashing. Mr. Lee added that he would not recommend a three-way stop because he feels this would only encourage violations. Jackie Zukor, 1220 Asti Court, asked what the success has been relative to the three-way stop on El Caminito and Mr. Lee indicated that he believes it does encourage people to run the stop signs. Ms. Zukor stated that she appreciates the work that has been done but really feels that something should be done during the nine month interim and pointed out that some people run every stop sign; therefore, she can't understand Mr. Lee's reasoning. Mr. Lee explained that this street does not lend itself to a three-way stop; people would not be expecting to stop, and he feels this would really create problems and hazards. A three-way stop in a bad location could result in serious conse- quences. CM-34-97 June 6, 1977 (Holmes/Vancouver) It was then mentioned that the crosswalk at Mocho Street, crossing Holmes Street, is a particularly hazardous area and this intersec- tion was also to be considered. Mr. Lee commented that the state is studying the whole street to see what improvements can be made for the safety of motorists and pedes- trians. The letter received from CAL-TRANS informing the City that signalization will be done in nine months and that it can be financed by the state and federal funds, was only one aspect of the study. The City should be receiving a response concerning the remaining areas of Holmes Street in the near future. Paul Tull, stated that the ordinance says it is the City's job to do something with Holmes Street, while Mr. Lee is saying it is up to the state. The Mayor explained that Mr. Tull is reading a different code and the City Council works with the opinion of the City Attorney. Mr. Tull is entitled to his opinion; however he has testified on this item and his present comments would be ruled out of order. The Mayor then asked that Mr. Tull be seated. Mr. Tull refused to be seated and the City Manager was asked to tele- phone the Police Department. The staff was asked if the City has had some degree of success with the radar gun that has been purchased for the Police Department for the purpose of monitoring speeds. It was noted that perhaps the Council could request a report from the Police Department concerning the effectiveness of the radar gun. The Council concurred. It was also suggested that in view of the fact the state responded quickly to the City's concerns and needs, a letter thanking them should be written by the staff. The staff was so directed. Item was filed, pending a future report from the staff. Letters were received from Mrs. Michael Doubrovsky, 1317 Belfast Court, and Rosanne and Edwin Thrapp, urging that a traffic light be installed at Holmes Street and Vancouver Way. RECESS Mayor Tirse1l called for a brief recess, after which the Council meeting resumed with all members of the Council present. Prior to continuing with the agenda, Mayor Tirsell explained that police officers have been asked to be present during the remainder of the meeting to help enforce Council rules. Citizens are encouraged to express their views and criticism; however, abuse and monopaliza- tion of Councilor staff time cannot be permitted. The comment was made that people seem to think permitting free speech - this is not the case. require any given group to listen. People are members of the staff or to waste their time in look for some document for three days. the Council is not Free speech doesn't not free to abuse asking that they The Council supported the f1ayor in her efforts to encourage citizens to abide by Council rules. CM-34-98 June 6, 1977 REPORT RE VEHICLE NOISE A report was received from the Chief of police which indicates he received a report from Mr. Freynik and Ms. Herrick regarding the needs for effective enforcement of vehicle noise laws. He reported that the police Department is vigorously enforcing vehicle noise laws. In his opinion the current level of vehicle noise enforcement is adequate, based on the necessary priorities and constraints of the department. Mr. Freynik, Drake Way, stated that he and his wife, Charlene Herrick, presented a report to the Council a few weeks ago con- cerning vehicle noise problems in Livermore. Since that time they have received telephone calls from people who are also bothered by this type of noise. He emphasized that they do not mean to imply that the Chief of Police is not doing a good job but they want people to be aware of the serious vehicle exhaust noise problems in Livermore. He stated that they are not con- cerned about the vehicles with worn out mufflers but rather those mufflers which have been replaced or made to make loud noise. Also, they are not asking for any new laws because the existing state laws are adequate to abate all loud mufflers or unmuff1ed engines. He indicated that he and his wife have drafted measures that could effectively reduce the number of violators, with the manpower available through the police Department. Mr. Freynik added that he has also been contacted by people who have indicated that they would like to have a place in which to voice their opinions on matters such as this in an atmosphere which is not as formal as the Council meetings. He would like to see town meetings or neighborhood meetings scheduled so that people will feel free to speak. Discussion followed and the comment was made that perhaps it would be reasonable to ask that the California Highway Patrol help with vehicle noise enforcement and the City Manager indi- cated that he is sure the Chief of police would not oppose any type of professional assistance and if the Council desires, he will arrange for a presentation by the CHP. It was pointed out that the Chief of Police has reported that they are doing the best job they can. The Councilmembers concurred that the police Department is doing as good a job as possible with vehicle noise enforcement but if they can get help from the CHP, fine. The City Manager was instruc- ted to contact the Chief of police . Mr. Tull went to the podium to speak and the Mayor reminded him that he had used his speaking allotment time and asked that he be seated. Mr. Tull refused and she asked a police officer to quiet Mr. Tull. Mr. Tull was escorted from the Council Chambers. REPORT RE TOWN- HOUSE MOTEL At the meeting of May 23rd, the manager of the Townhouse Motel on First Street indicated that there is a street tree blocking vision from the Stanley Street angle, and requested that he be allowed to remove the tree. A report from the Parks and Trees Superintendent, Mr. Freitas, indicates that the tree cannot be pruned to allow visibility of the sign and he would prefer that it not be removed totally. CM-34-99 June 6, 1977 (re Townhouse Motel) It was pointed out by the staff that one sign can be seen from Stanley Boulevard, but there is one sign that is not visible because of the tree. Mr. Patel, motel manager, stated that the sign which is visible is the "friendship member" sign and many people do not know what the sign means. The sign that names the motel is the sign that is not visible. He feels the City made a mistake in placing the tree in that location and they should either remove the tree or allow him a new sign in a different location at the City's expense. The comment was made that the purpose of a sign is for identifica- tion and not for advertising, and this has been the philosophy of the Sign Ordinance. Mr. Patel was asked to check with Mr. Nies and the Planning Depart- ment to review the ordinance to find out if the Townhouse Motel has the maximum amount of signing allowed by the ordinance. REPORT RE WATER RATES RE QUANTITY A memorandum was prepared by the Director of Public Works outlining California Water rates, charges and policies, and Cm Dahlbacka ob- served that a decreasing rate is provided for those who use larger volumes of water. He requested a report on the justification of the decreasing rates because of the water shortage in California. Cm Dahlbacka stated that he believes people should pay for what they use, in the interst of energy conservation, and the Council will have to decide whether or not they wish to adopt a policy of this type. Discussion followed concerning the report on quantity and linear rates, and the average charge for single family dwelling units, and whether or not there is a relationship between lower incomes and less water usage. The comment was made that people with lower incomes probably use more water for laundry and gardens. It was felt that the Council needs more information concerning a lifeline rate and that the item should be discussed later. It was mentioned that the City does encourage industry to come to Livermore and one of the advantages is that they can have lower rates when they use a large amount of water, as does Intel. There are goals the City is working towards, and these types of things should be considered when reviewing lifeline rates or water con- servation during a time of water shortage. In discussing the item it was noted that California Water charges more for over 500 cubic ft. used, than the City, and this does not seem to make a difference to industry/commerce. It would seem reasonable that when resources are limited, people should pay according to their use. CM DAHLBACKA HOVED TO DIRECT THE STAFF TO PREPARE A WATER RATE THAT WOULD BE LINEAR AND THE AMOUNT OF WATER USED, THAT WOULD DERIVE ESSENTIALLY THE SAME REVENUES AS THOSE PRESENTLY BEING COLLECTED. MOTION FAILED FOR LACK OF A SECOND. The staff was directed to prepare a report on the lifeline rates. The item will be discussed after receiving the report from the staff. CH-34-100 June 6, 1977 REPORT RE SOLID WASTE MANAGEMENT BD. The City had made an appeal to the State Board to postpone adoption of the Alameda County Solid Waste Management Authority Facilities plan, pending personal testimony by the City's representative. Cm Dahlbacka, our representative, indicated that the Plan was adopted but the State Board has agreed to receive testimony from representatives of Livermore and Berkeley. He is making arrangements to speak, but it would appear that any efforts may prove to be futile. No further action taken by the Council. REPORT RE LA VWMA PROJ. DESIGN COSTS ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED A RESOLUTION AUTHORIZING TRANSFER OF FUNDS ($99,037) TO LAVWMA FOR THE CITY'S SHARE OF STEPS 1 AND 2 OF THE LAVWMA PROJECT. RESOLU'!'ION NO. lOl-77B A RESOLUTION AUTHORIZING TRANSFER OF FUNDS TO LAVWMA REPORT RE WORKERS' COMPo EXCESS COVERAGE ON MOTION OF CM KAMENA, SECONDED BY CM TURNER, AND BY UNANIMOUS VOTE, THE COUNCIL AUTHORIZED THE PURCHASE OF EXCESS WORKERS COMPENSATION INSURANCE. RESOLUTION NO. 1 RESOLUTION NO. 102-77 A RESOLUTION AWARDING BID (Workers Compensation Excess In- surance - E.E. "Gene" Morgan Agcy.) REPORT RE MULTI- SERVICE CENTER A report was submitted by the Chairperson of the Social Concerns Committee, concerning the status of the Multi-Service Center for informational purposes. Mr. Parness indicated that a final list of potential lessees will be coming to the Council for review at a later time. Mr. Schilling commented that the County has been very cooperative and the City has explored the possibility of having EDD, pro- bation, welfare, food stamp, and medical services included as tenants in the Center. It is anticipated that a County informa- tion and referral service will be located in the building along with other County services. Discussion was deferred until the budget session. CM-34-10l June 6, 1977 RES. RE POLICY ON LOT LINE ADJUSTMENTS The City Attorney reported that in March of 1977, the Council adopted a Subdivision Ordinance authorizing minor lot line adjustments by resolution. Since that time it has become apparent that Council policy is needed relative to this process and it is recommended that the Council adopt a resolution rescinding the lot line adjustment approval which was given to the Kissell Company in March of 1977. ~N MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE RESOLUTION RESCINDING THE LOT LINE ADJUSTMENT APPROVAL FOR KISSELL COMPANY, WAS ADOPTED. RESOLUTION NO. 116-77 A RESOLUTION RESCINDING LOT LINE ADJUST- MENT APPROVAL (Tract 2459, Kissell Co./ Appleton) REPORT FROM PUC RE CUP APP. - TEXACO STATION The Planning Commission reported on their review of a CUP application by James K. Earhart, to allow operation of a hauling equipment rental business at the Texaco Station located at 930 Springtown Boulevard. Based on its findings, and the fact that there was little public input, the P.C. recommends denial of the CUP. Mr. Earhart, operator of the Texaco station in Springtown and on First Street, stated that he has had a trailer rental business on First Street since 1958 and when the large Texaco sign at the Springtown station had to be removed he began losing a lot of business. He felt he could probably make up the difference in the amount of revenue lost, by having a trailer sales at this location also. Since the sign can no longer be seen by motorists traveling along the freeway, he has to depend on the residents of the Spring- town area to support the station. Mr. Neis indicated that to his knowledge there has never been a complaint concerning the trailer business on First Street. Mike Gallagher, representing the California Rental Association, stated that they are opposed to this type of business, as it creates unfair competition. Equipment rental companies are re- quired to operate in light industrial zones and many of their members have been forced to relocate their businesses to meet zoning requirements. They also feel this would open the door to parking of all types of trucks and equipment and that the area would be an eye sore. Howard RObinson, employee for Jim's Texaco, stated that he has worke~ with U-Haul Equipment for five or six years and they do not have cranes, dump trucks, or any of this type of equipment. U-Haul has only moving vans, and this type of service is provided as a convenience to the people of Livermore. Tony Sullins, stated that he is part owner of the U-Haul trailer rental in Pleasanton, and they are required to screen and plant trees to shield the view of the trailers. If the Council approves the CUP, the Texaco station can rent any type of equipment at that location. Also, the amount of equipment received cannot be esti- mated for any given week; many times the yard is completely loaded with vehicles. CM-34-102 June 6, 1977 (re CUP App. - Texaco Station) The Council discussed the P.C. report and the public testimony and it was noted that there are other rental operators who would like to be able to operate in other areas but they are required to conform to the zoning Ordinance; therefore, granting the CUP would seem to constitute granting a special previlege not en- joyed by others. Also, the use does not conform to the General Plan. Cm Kamena felt the business of rentals is only a secondary and not the primary business at the service station. Also, the rental of trailers would seem to be closer to the market place since apparently the people in the springtown area use the trailers. He also favors open competition rather than restrict- ing competition, and the application is for a CUP rather than a variance which would mean that the City could control what would be allowed. For these reasons he will vote against the motion to deny the application. Cm Turner stated that for the reasons above and because of the fact that he cannot make the four findings to deny the application, he will also vote against the motion. One of the findings was that due to the topography, the site is not adequate in size, and this does not seem to be the case. The point was made that it is difficult to find staff time to enforce various conditions of a CUP and that there are wrecked cars parked adjacent to the Texaco station property that have not been abated because the staff has not had the time to see that they are removed. Also, it would seem to be allowing un- fair competition to allow one rental to operate without fenc- ing or screening requirements, while requiring this of other businesses because they are located in an area where the use is permitted and these conditions are requirements for the area. The Council discussed the points raised by Councilmembers such as the size of the property, the topography, storage of a large number of trailers, and whether or not unfair competition is involved. Jerry Wilverding, 4886 Primrose Lane, stated that he lives across from the Texaco station, has lived there for about six years, and in this time the station has changed owner- ship four or five times. He stops at that intersection every day, and he would have to say that the trailers are kept clean, they are painted, and they are very handy to the people in the area. If this is what is necessary to make the station function as a working business, he would urge that the Council allow the use. Mr. Neis indicated that one of the primary concerns of the P.C. was that the trailers should not be visible from the front and if they are stored only in the back the space available is limited. Also, there is an enforcement problem if the trailers are to be limited to the back portion of the property. ON MOTION OF CM DAHLBACKA, SECONDED BY MAYOR TIRSELL AND BY A 3-2 VOTE (Cm Turner and Kamena dissenting) THE CUP WAS DENIED, AS RECOMMENDED BY THE P.C., AS PER THEIR FINDINGS, AS OUTLINED IN THEIR RESOLUTION, 50-77. RESOLUTION NO. ll7-77 A RESOLUTION DENYING CONDITIONAL USE PERMIT (Jim's Texaco No.2) CM-34-l03 June 6, 1977 CONSENT CALENDAR Report re Architectural Agree. Amend. Mu1ti- Services Building A grant amendment has been allowed over the original estimate that was used to draft the architectural services agreement for the Multi- Services Building. The amendment would increase the construction project limit from $550,000 to $578,000 and the architect would be reimbursed by a sum of $2,380. The Council adopted a resolution authorizing execution of a con- tractual amendment to the architectural services agreement. RESOLUTION NO. 103-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREE11ENT - FIRST AMENDMENT TO AGREEMENT (Hirshen, Gammill, Trumbo & Cook) Res. Auth. Contract Amend. - CETA VI Proj. A resolution amending the contract for the CETA Title VI Special Projects is needed to change employee classifications retained by the City so as to specify 22 posts for Park Development Projects, 2 Clerical, 1 Personnel Analyst with the remainder unchanged. RESOLUTION NO. 104-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Amendment to CETA Agreement) P.C. Minutes - 5/17/77 The Planning Commission minutes for the meeting of May 17, 1977, were submitted for information. ~ppointments The following resolutions were adopted appointing people to the Social Concerns Committee: RESOLUTION NO. 105-77 A RESOLUTION APPOINTING MEMBER TO THE SOCIAL CONCERNS COMMITTEE (Rin Hartwig) RESOLUTION NO. 106-77 A RESOLUTION APPOINTING MEMBER TO THE SOC- IAL CONCERNS COMMITTEE (Judith Turner) RESOLUTION NO. 107-77 A RESOLUTION APPOINTING MEMBER TO THE SOC- IAL CONCERNS COMMITTEE (Raellen Dorough) CM-34-104 June 6, 1977 RESOLUTION NO. 108-77 A RESOLUTION APPOINTING MEMBER TO THE SOC- IAL CONCERNS COMMITTEE (Virginia Watchempino) Appointments The following resolutions were adopted appointing people to the Beautification Committee: RESOLUTION NO. 109-77 A RESOLUTION APPOINTING MEMBER TO THE BEAUTIFICATION COMMITTEE (Janice Bird) RESOLUTION NO. 110-77 A RESOLUTION APPOINTING MEMBER TO THE BEAUTIFICATION COMMITTEE (Diana Bolander) RESOLUTION NO. 11l-77 A RESOLUTION APPOINTING MEMBER TO THE BEAUTIFICATION COm1ITTEE (Patricia Reich) RESOLUTION NO. 112-77 A RESOLUTION APPOINTING MEMBER TO THE BEAUTIFICATION COMMITTEE (Ayn Weiskamp) RESOLUTION NO. 1l3-77 A RESOLUTION APPOINTING MEMBER TO THE BEAUTIFICATION COMMITTEE (Harry silcocks) RESOLUTION NO. 114-77 A RESOLUTION APPOINTING MEMBER TO THE BEAUTIFICATION COMMITTEE (Annette Morris) Payroll & Claims There were 84 claims in the amount of $68,206.92, dated May 24, 1977, and approved by the City Manager. There were 69 claims in the amount of $266,983.41, and 33l pay- roll warrants in the amount of $ll2,923.25, for a total of $379,906.66, dated May 26, 1977, and approved by the City Manager. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED, WITH REMOVAL OF ITEMS 5.3 (Adult Crossing Guard), AND 5.8 (Recycling Task Force) FOR DISCUSSION. CM-34-105 June 6, 1977 REPORT RE REQUEST FOR CROSSING GUARD A request has been received from Richard Allison, Principal of the Rancho Las Positas School, and from Leo Croce of the School District, for a crossing guard to be stationed at Arlington Road and Las positas Boulevard next school year. Mr. Lee responded to the written request by indicating that the City follows the State Traffic Manual guidelines for the minimum vehicle and pedestrian volumes that must be met in order to justify a crossing guard, and the volume of pedestrian traffic at this par ticu1ar intersection does not warrant a crossing guard. Judy Hertz, 1065 Arlington Road, representing parents and staff of Rancho School, indicated that letters supporting the need for a crossing guard have been sent to the Director of Public Works. Next year, two schools will be joining and people feel a crossing guard is needed at that corner. The reason the pedestrian traffic count was low is because people drive their children to school be- cause there is no crossing guard. She presented various other argu- ments to support the need for a crossing guard, such as the street being a major thoroughfare to the golf course and airport, children walk between parked cars to cross and therefore are not visible to motorists, and the speed limit is generally not observed. The City has suggested bringing this to the Council again in September, but they would like permission to have a crossing guard so that one is there at the time school begins. The Council discussed the item and the comment was made that the item should probably be discussed at the budget session. The item is suitable for budget session because it relates to the question of expenditures for crossing guards. It is true that people will not allow children to cross where there is a dangerous street and there is speed and commuter traffic on this street. It was concluded that the item will be discussed at the budget ses- sion and the staff was directed to conduct a survey to find out how many children will be crossing at that point, next school year. REPORT RE RECYCLING TASK FORCE CHARGES The resolution relative to the charges, duties and responsibilities of the Recycling Task Force, was removed from the Consent Calendar for brief discussion. It was mentioned that someone from the paper recycling group has brought up the point that nobody from that group has been included in the Recycling Committee. It would seem that a group which has been working on the recycling of paper for two years, should be included. The Council concurred, and approved the inclusion of a member from the paper recycling group. It was reported that there is a $90,000 grant for recycling pro- jects, and there are many communities in the area trying to obtain funding for this purpose. Mr. Schilling indicated that the staff has been aware of the grant but in discussing the potential for making application, with Lois Hill, someone from Oakland Scavenger, and staff members, it was determined that it would be highly unlikely that the City could develop the sophisticated type of grant application required. The deadline for application is June 15th. Based on that assumption, it was felt that the City should not make application. CM-34-106 June 6, 1977 (re Recycling Task Force) ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, ONE MEMBER SHALL BE SELECTED FROM THE NEWSPAPER RECYCLING GROUP TO SERVE ON THE RECYCLING TASK FORCE. RESOLUTION NO. 115-77 A RESOLUTION ESTABLISHING THE RECYCL- ING TASK FORCE AND ADOPTING CHARGES, DUTIES AND RESPONSIBILITIES. MATTERS INITIATED BY THE STAFF (LAVWMA Project) Mr. Parness reported that the City is obligated, by virtue of our state grant, to transmit a revenue program which conform with the EPA guidelines. This is a very elaborate, time consuming project that will necessitate staff time, but can be done by the staff. It must be consistent with the other two discharge agencies comprising LAVWMA. Stone & Youngberg has been retained by LAVWMA to do their aspect of it and it must be submitted to the state by July 15. Stone & Youngberg has contacted the City to find out if the City wishes to have them prepare the information which they estimate will take about lO days and with an expectant fee of about $3,000. Next week Mr. Parness will be recommending to the Council that Stone & Youngberg be allowed to proceed and will request formal action at that time. At this time he would like informal agree- ment by the Council, as Stone & Youngberg would like to begin in a couple of days. The Council expressed informal approval. (Budget Session) The Coucil discussed a date for the budget session and decided to meet on June llth and 12th, at 9:00 a.m. in the Library, and if necessary will meet at a later date to finish items that need staff input. MATTERS INITIATED BY THE COUNCIL Cm Staley commented that he would like the Council to review a letter he has drafted in response to the Insurance Commis- sioner's letter. He asked that this be discussed later. (Major Industry - Future Plans) Cm Turner asked if the City Manager has had a response from the major industries concerning their plans for the future with respect to the number of people they intend to employ, etc. The City Manager indicated that very few have responded and he will be reporting to the Council in the near future. CM-34-107 June 6, 1977 (Complaint re Mailbox Location) Mayor Tirsell commented that the owner of Dom's Surplus has indicated that the mailboxes across the street from his business take up two parking spaces and would like the Council to consider moving them to another location. Mr. Parness stated that the mailboxes were located south of the driveway to the Court building and were moved to the north of the driveway because of the conflict with the BART bus stop. (College Site Zoning) Mayor Tirse11 suggested that the Planning Commission look at Heritage Preservation Zoning for the Bible College site, as there has been substantial testimony that it is a treasured site. (Executive Session) Mayor Tirsell requested an executive session after the meeting to discuss a personnel matter relative to a LAVWMA matter. INTRO. OF ORD. RE FLOOD PLAIN ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE ORDINANCE PERTAINING TO FLOOD PLAIN WAS TABLED AT THE SUGGESTION OF THE CITY ATTORNEY, FOR LATER DISCUSSION. ORDINANCES CONTINUED Introduction of the first two ordinances, relative to building inspection and the Universal Building Code, relative to residential building security, were continued. The Counci1members asked questions that need to be answered prior to introduction of the two ordinances. CITY MANAGER STATUS REPORT Sewer Treatment Plant The City has met with the state board staff concerning the expansion of the sewer treatment plant (Phase IV Project) to compose a plan of study which is preliminary to the conduct of a performance report. "P" Street Construction The sewer line replacement between Third and Fourth Street, on "P" Street has been completed, and was a $7,000 project. Pub. Works Employment Act Monies The Public Works Employment Act monies will provide $4.5 billion to be allocated for the second round of funding for various projects and applications will be reviewed with a different approach as to how the money will be allocated. Every City CM-34-l08 June 6, 1977 will be given an apportionment, but those who have already received a grant will be debited. If any residual amount remains, under $75,000, this money will automatically revert to the County. If the remaining amount is over $75,000 it can be applied by the City to any project the City has in mind or that has already been authorized. CBD Plan Mr. Parness has reviewed the recommendations of the new Planning Director, relative to the CBD Plan, and the Plan will soon be intro- duced to the Planning Commission. Soon thereafter the item will be referred to the City Council. Noise Element The Noise Element is still being drafted. There have been some revisions, technical information will be forthcoming from Cal- Trans, and this item will be coming to the Council in the near future. CETA Funds The second round of CETA funds have been approved and will pay for additional projects from June l, through November 30, 1977. Irrigation System A new irrigation system has been designed by the staff, materials have been purchased for it, and will permit the City to place a completely functional system into the Civic Center property. This is an item that will be discussed at budget time. Industrial Fees The Industrial Advisory Board is nearing finalization of its report on industrial fees, as per Council instructions, and this information should be ready in about a week. Fire Station #4 Fire Station #4 is complete, and the dedication will take place this Thursday at 5:00 p.m. Hopefully all the Council- members will be present. Police Department The Police Department has completed the CPR training, which should be an asset to the community. Because of the change in the weather, foot patrolling is again taking place on Friday and Saturday nights on First Street. CM-34-109 June 6, 1977 Car/Train Accident A very serious automobile accident occurred on Murrieta Boulevard at the Western Pacific Railroad tracks over the weekend and the Police Chief and the Fire Chief noted that if it had not been for the two underpasses, all of the major railroad crossing means would have been blocked for two hours. ADJOURNMENT Mayor Tirse11 adjourned the meeting at 11:30 p.m. to an executive session to discuss personnel matters relative to LAmiMA. APPROVE ATTEST Regular Meeting of June 13, 1977 A regular meeting of the Livermore City Council was held on June 13, 1977, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 7:05 p.m. with Mayor Tirsell presiding. ROLL CALL Present: Absent: Cm Turner, Staley and Mayor Tirsell Cm Dahlbacka and Cm Kamena (both seated later) SPECIAL ITEM - FLAG PRESENTATION The Boy Scouts were in attendance to present three flags to the City of Livermore, as part of their Bicentennial Project. Troup 929 presented the Bennington flag, the Betsy Ross flag, and the 50-star flag to the City and asked that they be disp1ayed~ PLEDGE OF ALLEGIANCE Mayor Tirse11 asked the Boy Scouts to lead the Counci1members and those in the audience, in the Pledge of Allegiance. PLAQUE PRESENTATION After the Pledge of Allegiance, Troup 929, the oldest Boy Scout Troup in Livermore, presented the Council with a plaque of different patches the Scouts earned during 1975, 1976, and 1977. CM DAHLBACKA AND CM KAMENA SEATED DURING PRESENTATION. CM-34-110 June 13, 1977 MINUTES - 5/23/77 ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF ~mY 23, 1977, ~VERE APPROVED AS SUBMITTED. Paul Tu11, 2243 Linden Street, objected to the placement of R.P. Christmas' rebuttal to Mr. Tul1's statement about the Chief of Police. The comment was made during the public hearing but the Mayor explained that it is appropriate to place the statement under the item it pertains to. OPEN FORUM (Sidewalk Repair) Jerry Wi1verding, 4886 Primrose Lane, stated that a sidewalk on South Livermore Avenue, near a tree by the Library is raised about 2~ inches, and the sidewalk should be repaired before someone is injured because of it. (Parking) Jerry Wi1verding, commented that there is a red curb along First Street in front of the building that used to house the Fire Department. The red curbing was necessary during the time the Fire Department operated from that building but it would seem that the red curbing should be removed unless there is a specific reason for leaving it red. (Illegal Signs) Don Miller, 2862 Waverly Way, spoke to the Council regarding illegal signs that are being allowed to be put up by various car dealers and real estate offices, in the guise of temporary signs. He stated that these could be called "white collar" crimes that are none the less violations of the law, but which receive no attention by the police. Mr. Miller stated that he would like to bring to the attention of the Council the illegal freestanding sign owned by Mr. Ozzie Davis, which has been up for nearly two years. Mr. Davis has now placed a billboard on his property which was used on a float in the parade this past weekend. Mr. Miller stated that the point of what he is saying is that enforcement of the law should not be discriminatory or selective. He urged that matters such of this be taken to the District Attorney if there is not a rapid response on these issues. The majority of the merchants strongly opposed the proposed sign ordinance but once it was adopted almost all of the merchants 9omp1ied with the requirements of the Sign Ordinance. These merchants are at a competitive disadvantage with some- body who doesn't obey the rules and this is grossly unfair. Mr. Neis commented that the abatement of the freestanding sign on Mr. Davis' property has been is a CUP pending which is for a sign would replace the freestanding sign. discussing the CUP on June 21. This sign is still standing. delayed because there on the building, and The P.C. will be is the reason the cr~-34-111 June 13, 1977 (Illegal Signs) Mayor Tirse11 noted that she observed illegal signs in the residen- tial areas over the weekend, used by real estate people, and she intended to bring this up later. She asked the City Attorney if the City can remove the signs and he indicated that there are some legal questions concerning removal of the signs that he would like to review before responding. He would suggest having all aspects of the Sign Ordinance as an agenda item at which time he will fur- nish a written report. In the meantime, his office could contact those who have been observed to be in violation and so notified. Mayor Tirsell commented that if it meets with the approval of the Council she will submit the names of those offices she observed violating the Sign Ordinance. Council concurred. (Councilmembers) Paul Tull, 2243 Linden Street, stated that the Councilmembers are not complying with their oath and they have become recalcitrant and abusive and he would remind them of several Supreme Court 'decisions relative to their duty and obligation to uphold both the Constitution of the United States and the Constitution of the State of California. He quoted from Shakespere, portions of the U.S. Constitution, court decisions, the California Constitution, and complained about being denied his right of participation in government proceedings. He demands that the Council act in a lawful manner and require the staff to do the same. Loretta Fender, 243 Covalite, stated that whether or not Mr. Tull was right, she was very upset to read in the newspapers what happened to him at the last Council meeting. She stated that it worried her, as a citizen, that someone who has been a verciferous person and has disagreed had this happen to him. She believes many people were upset by the incident and question what happened to Mr. Tull. Don't the people have the right to question when they haven't been given a public explanation of what is going on? People haven't been given the answers to questions they have regarding the LA~~vMA pipeline, and she has questions concerning the pipeline also. She added that she feels local government has come to an entrenched bureaua- cracy where the everyday person does not have access to information relative to the operations of the City. The t1ayor explained that it is difficult to inform people of issues if people do not attend Council meetings. Also, with respect to the LAVWMA pipeline issue, the Council held weekly meetings from the end of December to the end of March trying to resolve the pipe- line problems. The meetings were public, and the LA~m Board met at least 30 times last year. She asked Ms. Fender to contact her and she will be happy to give her the information she has and to answer the questions she has relative to the pipeline project. The item is very technical but can be explained to Ms. Fender. Ms. Fender commented that her main concern is that people are not allowed to speak if they disagree and the Mayor explained that the reason rlr. Tull was removed from the meeting was because the meeting could not proceed because he would not stop talking. CM-34-l12 June l3, 1977 (Councilmembers) Mayor Tirsell added that Mr. Tull was not arrested last week; he was simply removed from the Council Chambers so that the Council could continue with the meeting. Mr. Tull was free to say what- ever he wanted to anyone outside or on the street and he was free to write his comments to the editor of the newspaper. The intent of the First Amendment, in her opinion, is freedom to speak without fear of retribution. Mr. Tull stated that he will appear before the Council again and again to ask the Council to do their responsibilities, and their responsibility is to control the police force and the staff. Also, the Council has said time after time that the pipeline is a mandate and there is no such mandate. The mandate is to get the sewer water out of Alameda Creek, and that is all. PRESENTATION RE PARADE ENTRY - CAROL JEAN The grand prize winner at the Livermore Rodeo parade Friday night was Carol Jean Famariss, who has been entering her dance and baton students in the rodeo parade since 1947. The Livermore City Council presented a special award for the best parade participant and the parade Chairman, Harold Gabriel, presented Carol Jean with a special plaque commending her for 30 years of participation. DISCUSSION RE HOLIDAY DECORATIONS The Beautification Committee has requested a discussion on the holiday decorations and has indicated that the Committee did not agree on the plastic and tinsel materials to be used for holiday decorations which were selected by the Chamber of Commerce, and they would like to present a proposal for holiday street decorations that might be acceptable to the Council. Ann sp~ showed the Council one of the banners they would like for the street decorations whieb will be attached to telephone poles and would either be red vinyl with old fashioned decorations, or green vinyl with large snowflakes on them. The decorations will hang on every other pole and are all-weather material. The second part of the proposal was 300 sprays with five yards of red ribbon. Diana Bolander illustrated a spray and noted that the sprays on 300 poles should create a massive effect. CM KAMENA MOVED THAT THE HOLIDAY DECORATIONS PROPOSAL BE INCLUDED IN THE BUDGET SESSION FOR CONSIDERATION. MOTION SECONDED BY C~f STALEY. Harry Silcocks from the Beautification Committee explained that this item had been referred to the Beautification Committee by the Council and they are not saying that there should or should not be holiday decorations but rather if the Council intends to fund holiday decorations, that the proposal submitted by the Beautification Committee be selected. MOTION AND SECOND WITHDRAWN. CM KAMENA MOVED TO ADOPT THE PROPOSAL SUBMITTED BY THE BEAUTIFICA- TION COMMITTEE FOR HOLIDAY DECORATIONS, AND WITH THE PROVISIONS THAT THE PROPOSAL BE TRIED ONE TIME ONLY SO THAT ITS SUCCESS CAN CM-34-l13 June 13, 1977 (Holiday Decorations) BE EVALUATED, AND THAT SOMEONE FROM THE STAFF BE APPOINTED AS THE CONTACT FOR THE MERCHANTS IN THE EVENT ANY OF THE DECORATIONS ARE DAMAGED AND NEED TO BE REPLACED. ALSO, THERE SHOULD BE AN EVALUA- TION MADE OF THE M10UNT OF CITY TIME EXPENDED FOR PROVIDING HOLIDAY DECORATION SERVICES. MOTION SECONDED BY CM STALEY. The question was raised as to who will be administering the project and how the Chamber of Commerce will fit into the proposal, and Ann Speak offered to administer the project. She stated that the spruce' sprays can be directed to high school students, etc., from the Beautification Committee, very easily. They also will be very happy to include the Chamber of Commerce. MOTION PASSED BY UNANIMOUS VOTE. DISCUSSION RE LOCAL TRANSPORTATION Gib r.1arguth, Chairman of the Transportation Advisory Committee, reported that the Committee has discussed the feasibility of initiating a bus system in Livermore in the near future and the costs for such a system. It is estimated that the annual cost for this type of service would be $400,000, $300,000 of which would be grant fundable. The City's share would be $100,000, $50,000 of which would have to be provided for in the 1977-78 budget. It is recommended that the mini bus service be implemented during the coming fiscal year as a demonstration program for one year to 18 months. If it is determined that the system provides bene- ficial public service it is recommended that the issue of continuing support be taken to the voters in the form of a tax override. The future of the bus service would be dependent upon voter approval at that time. ~1r. ~1arguth indicated that the Committee feels a reasonable approach would be to implement the system, let people become familiar with the advantages of a bus system and then let them decide if they wish to pay for the service. CM TURNER MOVED TO REFER THIS ITEM TO THE BUDGET SESSION, SECONDED BY C~1 DAHLBACKA. It was suggested that perhaps the item could be discussed and disposed of at this time rather than referring to the budget session. MOTION WAS WITHDRAWN. CM TURNER MOVED TO ADOPT THE RECOMMENDATION OF THE TRANSPORTATION ADVISORY Cm1rUTTEE AND DIRECT THE CITY MANAGER TO P1PLEMENT THE PROGRAM D1MEDIATELY. ~lOTION SECONDED BY C~1 STALEY. CM STALEY MOVED TO AMEND THE MOTION TO INCLUDE THAT THE FINANCING BE SECURED BY TRANSFERRING AN AHOUNT NECESSARY, FROM THE REVENUES AVAILABLE THROUGH THE PARK FUND THIS COMING YEAR AND NEXT YEAR FOR OPERATING COSTS, AS A LOAN. MOTION SECONDED BY CH DAHLBACKA. It was noted that the motion pledges future Park Fund money, which will not be available until December and if a tax measure were to pass the Park Fund could be reimbursed for this loan. The money will not be available in a lump sum at this time but the system will not be ready for implementation until December anyway. A~ENDMENT Al~D ~1AIN ~OTION PASSED BY UNANIMOUS VOTE. CM-34-l14 June l3, 1977 REPORT RE ADMINISTRA- TION BUILDING ARCHITECT- URAL SERVICES The City Manager reported that negotiations have been completed for architectural services for designing the remainder of City Hall. The fee is a maximum of $60,000 and set with a percentage of 8% of construction. Hopefully bids can be awarded in November with comstruction to be completed one year thereafter. It is recommended that the Council adopt a resolution authorizing execution of an addendum to the agreement with Ratcliff, Slama & Cadwalader. ON MOTION OF CM TURNER, SECONDED BY eM KAMENA, AND BY UNANIMOUS VOTE, THE RESOLUTION AUTHORIZING EXECUTION OF THE ADDENDUM TO THE AGREEMENT WITH THE ARCHITECTECTS, WAS ADOPTED. It was noted that the intent of the Council is to include Council chambers in the construction of the building, which will require no change in the resolution. The Mayor indicated that she is unhappy with the design of the exterior of the building and she would request that it be designed to blend in with the design of the library. Mr. Parness indicated that he feels the staff shares this view and this is one of the items being worked on by the architect. RESOLUTION NO. ll9-77 A RESOLUTION AUTHORIZING EXECUTION OF ADDENDUM TO AGREEMENT (Ratcliff, Slama & Cadwalader) P.H. SET RE RE- ZONING OF TREVARNO RD. The Council set a public hearing for July ll, 1977, concerning the proposed rezoning of Trevarno Road from RS-3, and to con- sider the following: 1) Designation of a Heritage Resource as a landmark; 2) Rezoning to RS-3-H.P. (Suburban Residential- Heritage Preservation District) . REPORT RE COUNCIL VACATION ABSENCES A report from the City Attorney indicates that a Councilmember may be absent on vacation for 60 days without asking for permis- sion to be absent. DISCUSSION RE APPOINTHENTS ON MOTION OF CM KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE COUNCIL DECIDED TO AJ1END THE BY-LAWS OF THE SOCIAL CONCERNS COMMITTEE TO PROVIDE FOR II REGULAR MEMBERS. A resolution will be prepared for later adoption. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, LILLIAN SNORF WAS APPOINTED AS A REGULAR MEHBER OF THE SOCIAL CONCERNS COMMITTEE, AS WAS BETTY MC BRIDE AND ~mRY EVERETT. CM-34-115 June 13, 1977 (re Appointments) . ON HOTION OF CM STALEY, SECONDED BY C~1 DAHLBACKA AND BY UNANDlOUS VOTE, JAMES W. LYLE WAS NOMINATED TO THE HOUSING AUTHORITY. Cm Turner read into the record a late application submitted by Sheila Donohue, expressing interest in serving on the Housing Authority Board. The City Clerk was asked to file the application and send an appli- cation form to Sheila Donohue. ON HOTION OF CH DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, OVID ~g.L<ER:-VAS APPOINTED TO THE ENERGY COMMITTEE. OVED~A>>' Appointment~fOr the Recycling Task Force were postponed until June 27th to allow more time for applications to be submitted. CH TURNER INDICATED THAT HE WOULD LIKE TO CHANGE HIS VOTE ON THE NOMINATION TO THE ENERGY COMMITTEE AND MAYOR TIRSELL MOVED TO RECONSIDER THE ITEM. MOTION SECONDED BY CM DAHLBACKA AND PASSED BY UNANIMOUS VOTE. Discussion followed relative to the application of Ovid Zucker, and in light of the fact that not all of the Councilmembers are familiar with Mr. Zuker and would like to meet him, the appointment was continued until June 27th. CONSENT CALENDAR P.C. Actio~6/7/7?_ The Council received a summary of Planning Commission Action taken at their meeting of June 7, 1977. No action taken by the Council. Res. Auth. Dismissal of Appeal re Cease & Desist Order The Council adopted a resolution authorizing dismissal of appeal of the Regional Water Quality Control Board's Cease and Desist Order in view of the fact subsequent development in connection with the LAVWMA pipeline project has rendered the appeal moot. RESOLUTION NO. l20-77 A RESOLUTION AUTHORIZING DISMISSAL OF APPEAL OF REGIONAL WATER QUALITY CONTROL BOARD CEASE AND DESIST ORDER. Res. Granting CUP to Martin H. Plone A resolution was adopted reflecting action taken at the meeting of May 23, 1977, granting a CUP to Martin H. Plone for a veterinary hospital to be located within the CP District on Hurrieta Boulevard. RESOLUTION NO. 121-77 A RESOLUTION GRANTING A CONDITIONAL USE PER~UT (Martin H. Plone) CM-34-116 June l3, 1977 Payro~l & Claims There were l75 claims in the amount of $133,922.39, dated June 9, 1977, and approved by the City Manager. Relocation of Zone 7 Line The Council adopted a resolution authorizing an execution of agreement with Zone 7, allowing a water line relocation. RESOLUTION NO. l22-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREE- MENT (Zone 7: Alameda County Flood Control and Water Conservation District) This was an item not listed on the agenda but was presented by the City Manager at the meeting and acted upon as a part of the Consent Calendar. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM STALEY, SECONDED BY CUI. KN'1ENA, AND BY UN}\NP10US VOTE, THE CONSENT CALENDJI.R WAS APPROVED. MATTERS INITIATED BY THE STAFF (Zone 7 Heeting) T1r. Parness commented that a letter has been received from Zone 7 asking for the Mayor and another member of the Council to meet with their Water Management Committee to discuss waste water management in the Valley. They will be meeting this Vlednesday and they would like a response from the Council. (Exec. Session) An executive session was requested for discussion of litigation. (Weight Limit Signs) Cm Kamena commented that he has been told that there is a sign at various entrances to the City, other than at Las positas Boulevard, and perhaps it would be justified to have the sign posted at that entrance. The staff will check into the matter. (Crosswalks) Cm Turner stated that he has been observing that motorists are disregarding pedestrians in crosswalks and some motorists even make a run at the pedestrians. This seems to be happening more and more and perhaps the police department could be asked to watch more closely for this type of incident. CM-34-ll7 June 13, 1977 RECESS Mayor Tirsell called for a brief recess after which the Council briefly discussed the letter from Zone 7 and moved directly to discussion of the budget. All members were present. ZONE 7 LETTER ON MOTION FOR CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE LETTER FROM ZONE 7 WAS TABLED. BUDGET SESSION DISCUSSIONS Library ON MOTION OF eM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE BUDGET FOR THE LIBRARY WAS ADOPTED. City Clerk The City Clerk requested $2,000 for the purchase of the machine which is used to do the City Council minutes. The City Clerk also requested a records keeping system which will cost approximately $6,700. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE $8,700 REQUEST FOR THE CITY CLERK'S OFFICE WAS APPROVED. Mileage Schedule ON MOTION OF CM KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE NEW MILEAGE SCHEDULE WAS APPROVED. The new rate is l59 for the first 15,000, as compared to 129 for the first 15,000 miles. Capital Improvements Mr. Parness indicated that under Capital Improvements, are the following items: I) Streets, new, and reconstruction of streets; 2) Median Landscaping; 3) Bikeways; 4) Traffic Controls; 5) Sewers 6) Storm Drains; 7) Parks & Beautification; 8) Airport; and 9) Public Structures. The $7.7 million Capital Improvements budget is funded from various sources for the 1977-78 fiscal year which will include funding from gas tax, special funds from the state, Mayors Formula gas tax monies, TOPICS money, and Federal Aid-Urban money. Each of the projects to be included under Capital Improvements was reviewed with the Council and explained by staff members. Miscellaneous items that may be done in conjunction with a specific projdct, such as a sidewalk repair. Street repair, overlay and resurfacing. First Street Overhead Project & Right-of-Way. CM-34-118 June 13, 1977 (re Budget Items) Railroad Avenue Extension. E, Stanley Boulevard. Maple Street. So. Livermore Avenue Reconstruction. Pacific Avenue in Conjunction with Multi-Service Center Building. East First Street Overhead. COUNCIL APPROVED BUDGET ALLOCATIONS FOR THE ABOVE MENTIONED PRO- JECTS. Railroad Avenue Median Landscaping. On-street Bikeway Signing/Striping, etc. Second Street/South "L" Traffic Signals It was suggested that priorities be changed to place emphasis on pedestrian safety rather than traffic flow. Mr. Lee indicated that the intersections planned for signaliza- tion, etc. will be discussed with the Council and the staff will be interested in the opinions of the Council. COUNCIL CONCURRED WITH THE ALLOCATIONS FOR THE ABOVE MENTIONED PROJECTS. Sanitary Sewer Miscellaneous Oversizing. Sanitary Sewer Water Reclamation Plant. ABOVE ITEMS APPROVED BY CONSENSUS OF COUNCIL. Storm Drains, APPROVED BY CONSENSUS OF COUNCIL. Parks & Beautification: Acquisition Improvements Bike Path Sweeper First Street Beautification Water Tank Truck Discussion followed concerning the above category and the comment was made that there is nearly a $432,000 difference between what was authorized for expenditure last year, and the actual expen- ditures. It is true that a major portion was for the acquisition of the Woeffel property, but it would appear that this has arti- ficially inflated the amount of money in the Park Fund. The expenditures that were not made last year are now being placed in the Reserve Fund of the City. Don Miller, 2862 Waverly Way, stated that he is astonished and appalled that a majority of the Council would take irreversible steps to permanently dismantle the Park Fund. He asked where money will come from for future projects such as a park for the north side, open space, landscaping for the Civic Center, etc. In a very short time there will be no money remaining in the Park Fund and in his opinion the City is setting a very serious precedent. There has always been a financial problem in the City and there has always been pressure to extract money from the Park Fund, and the attempt has been made for the past lO years to spend Park Fund money. Hesstated that maybe a restructuring of the fi- nances of the City or restructuring of City Hall is what is needed. Cm Staley responded by saying that he has previously been through two other budget sessions and has always voted against taking funds from the Park Fund for other purposes. However, this year there were funds that had to come from someplace and he approved taking money from the Park Fund for other uses. The $300,000 from the CM-34-119 June l3, 1977 (re Budget Items) Park Fund will be used only for emergencies and unbudgeted expen- ditures, and not as a means of balancing the budget next year. There is still approximately $230,000 remaining in the Park Fund but part of the Park Fund tax rate will be going to the General Fund. Cm Turner stated that on Saturday he was very distressed that the Council had taken money from the Park Fund and placed in a non- specific account for emergenices. However, perhaps the 19~ going to the Park Fund is too much to dedicate to the Park Fund and he would be willing to discuss a reduction in this area. Hopefully, the reserve funds can be increased through new business in Livermore. He stated that he would have to agree with a lot of what was stated by Mr. Miller. Cm Kamena stated that it was his understanding that the intent of taking the $300,000 was specifically for the purpose of having an emergency fund and that it would be very difficult to spend any of it. A fund will be created to become a reserve that will not be for any specific purpose. If, in the future, park acquisition is considered extremely important, the money will be used for that purpose. Cm Turner felt that if this is the philosophy of creating the reserve fund, there should be no reason to have a Park Fund at all - all of the 19~ could be placed in the reserve fund and park money could be taken from the emergency reserve fund. In other words, why take only $300,000? It was noted that the amount rema1n1ng in the Park Fund will be used this year and that only $300,000 would be the amount left over that could be taken for a reserve fund. The comment was made that the City Manager has suggested that there be a 20% reserve. A 20% reserve is not possible and $300,000 seemed a reasonable amount in the event of a disaster to the City such as an earthquake, etc. Taking $300,000 from the Park Fund still leaves $229,000 for park acquisition, etc. Cm Staley stated that he would have to agree with Mr. Miller in that the $300,000 will never be used for park purposes and also that within IS years the City will be looking at the Library Fund as a source of revenue for other purposes, unless some way is found for reversing the drain on City finances. The City Attorney was asked if it would take a 4/5 vote of a future Council to expend any of the reserve funds and he indi- cated that he would tend to feel that it would not take approval of 4/5 of the Council; however, if this item is crucial he would not be able to render an immediate opinion. Cm Dahlbacka stated that he would like a report as to what will actually remain in the Park Fund, considering Council action re the loan for transportation and the 7~, etc. He also requested information as to what the City's plans might be for future acquisition, considering the large community parks which are not considered under dedication of neighborhood parks. He asked that this be discussed as an agenda item in the future. Cm Turner added for the record that he is opposed to taking the $300,000 from the Park Fund, but he would not be opposed to dis- cussing the possibility of a change in the distribution of the 19~ which normally goes to the Park Fund. CM-34-l20 June l3, 1977 (re Budget Items) Mr. Miller stated that there are two issues involved in the transfer of the $300,000, which are: 1) The creation of a reserve fund, which could be viewed as a one time thing; and 2) the continuing use of the Park Fund for other purposes, including operating expenses, ongoing salaries, and raises. These are two very different items and in his opinion the money should not be removed at all; however, if it is used as a reserve it is not mortgaging the future. If the money is used for operating expenses it will not last any longer than the next two labor contracts. Mr. Miller suggested that the priorities be delayed and that construction of the new City Hall be delayed for one year. The funds that would normally go towards construction could be used to cushion the City's budget and be used as reserve funds, rather than taking Park Fund money. James Carskaddon, 396 Adelle, stated that the City asked for a 25~ tax override and told the people that money could not be taken from one account to pay for services in another area, such as fire and police services, and now it appears that this is just what the City is doing. It was explained that until 1974, the Council believed that funds could not be taken from one account for another pur- pose. Mr. Parness wrote to Sacramento concerning the possi- bility of taking money from one account to pay for something else and informed the Council last year that the budget funds are not separate accounts. At that time the Council chose to work through the budget as it had in the past, keeping the accounts separate. This is the first year the Council is working with Park Fund money, and the legislature has decreed that this is legal. Funds cannot be isolated anymore, other than the Bond Fund, which is an aggregate tax, and has been since 1972. Mr. Carskaddon felt that people pay a tax for certain things and in his opinion the funds should remain separate and should not go into a general type of fund. Mayor Tirsell explained that during the budget session the Council had to consider a reorder of priorities and the 19~ for the Park Fund is a luxury the City can no longer afford. There was no money left in the fund for purchase of new equip- ment needed by the City and money was taken from the Park Fund. It appears that what people are saying is that they like parks but they want adequate fire and police protection, without pay- ing another 25~ on the tax rate. The Council has decided that 13~ for parks is a figure that can be supported. The City cannot justify the development of more parks at the risk of losing valu- able employees because they can get better salaries elsewhere. Already the City has lost three water treatment plant operators after the City had trained them, because they could get a better salary elsewhere. The Mayor also mentioned that the City has purchased a number of park sites that have never been developed by LARPD because they also do not have suffient funds to develop parks and it is not know when these sites will ever be developed. LARPD has been granted over $200,000 from the state, which happens to be tax money, and this will be a very large boost for LARPD. As far as revenue sharing funds are concerned, there are cities who have placed the funds into their general fund and are very concerned about the possibility of the funding being discontinued because it will mean that the people hired with the use of the funds will have to be fired. The City of Livermore doesn't want to depend on CM-34-121 June 13, 1977 (re Budget Items) those types of funds for additional personnel needed in the various departments. Also, if a new City Hall is not built with the funds it is very likely that a City Hall will never be built. Cm Staley commented that ~lr. Carskaddon has just testified that he would be opposed to taking money out of the Park Fund, and yet as an opponent of the fire/police tax override proposal one of the suggestions made was that the City take money out of the Park Fund for fire/police personnel costs, and not tax people 25~. It would seem that Mr. Carskaddon's testimony is inconsistent with the stand taken by the opponents of the tax override. Mr. Carskaddon stated that it is the duty of the City to provide fire and police services and then if a park is needed, this should be left to the vote of the people. If something is needed people will vote for it. If money is in a certain fund, leave it there for that purpose. Roman Morkowski, 1987 DeVaca Way, stated that if money is needed the City should go to where the wealth is. He would request a letter to be written and sent to Washington asking for a Congres- sional investigation to find out what the huge corporations are doing to citizens in raising insurance rates, etc. Ayn Weiskamp, 1413 Lillian, stated that she would like the Council to consider what Mr. Miller has said, though she can sympathize with the Council's concerns. She would hate to see money taken out of the Park Fund and would agree with Cm Turner that perhaps the 19~ is too large and the Council should consider taking ll~ or 13~ for the Park Fund, but leave the Park Fund balance for park purposes. The Mayor explained that the budget was balanced by the fact that there were no reserves for the City. The pay raises that have been negotiated can be covered, but there is no reserve for packages increasing. In essence, the Park Fund is the City's reserve. ~. Miller urged that the Council restructure the priorities and finances of the City to eliminate losing the Park Fund and the Library Fund, next year. Salary demand is the item that drives the City finances up the wall, every year, and some employees are overpaid while others are underpaid. It is obvious that when the City's best people are lost, they are being underpaid, but all employees in the same category are not equivalent. The point is, mid-management salaries should not come out of funds that are to be used for acquisition and improvement of land. Mr. Wilverding, 4886 Primrose Lane, stated that he supports the transfering of $300,000 from the Park Fund for reserve purposes. The City is essentially going bankrupt, and the Council has little choice as to what can be done to keep things going. Tom Bailey, local resident, stated that the City can afford to pay only so much for salaries, and that is it. At the time the license tax for merchants was being considered they were told that money from the Park Fund could not be used for any other purpose, and now it seems to be used for anything. Mayor Tirsell explained that the Council was recently informed that the tax rate can no longer be segregated. Mr. Bailey stated that the public is tired of paying tax money and getting nothing in return. Money is being used for salaries and fringes and if the trend continues, people are going to move out of Livermore to conduct business. He would be opposed to taking money out of the Park Fund because this money is to be used for park purposes and not other items. CM-34-122 June 13, 1977 (re Budget Items) Park Fund approved. Airport approved. Public Structures approved. ON MOTION OF CM KAMENA, SECONDED BY CM TURNER, AND BY UNANIMOUS VOTE, THE CAPITAL IMPROVEMENTS BUDGET WAS ADOPTED. ADJOURN Mayor Tirsell adjourned the meeting at 11:30 p.m. to session to discuss litigation and personnel matters. ~~~ Mayor an executive APPROVE ATTEST ! -' CJ.ty Cler ILivermore, California CM-34-123 Regular Meeting of June 20, 1977 A regular meeting of the Livermore City Council was held on June 20, 1977, 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, and Mayor Tirsell Absent: Cm Turner and Staley (both excused - vacation) PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. MINUTES - 6/6/77 ON MOTION OF CM KAMENA, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF JUNE 6, 1977, WERE APPROVED, AS SUBMITTED. OPEN FORUM (Road Surface "P" Street) Rich Stevens, 550 North "P" Street, stated that the surface on "P" Street where the tracks have been removed, next to Safeway, is so rough that he cannot drive his car over it, and wondered if the street will remain in that condition. Mr. Lee explained that the trackage removal project has not been completed and the street should be smooth when the crew has finished the work. The Mayor asked that the City post signs informing drivers that the surface is very rough. (Traffic Problems) Guy Kennenson, 5556 Kinglet Road, stated that he would agree with what the previous speaker said about "P" Street and that he also will not drive his car in that area because it is too rough. Mr. Kennenson also noted that the traffic light at North Livermore and Portola Avenue should be checked because the amber light does not remain amber long enough for cars to pass through. The lights change very quickly and people tend to drive too fast along Portola Avenue and this may cause an accident. Mr. Lee commented that the traffic light is traffic actuated and the length of time is dependent upon where the traffic is located. If there is no traffic on Portola Avenue, the light will stay green for North Livermore Avenue traffic. He will check the light to determine if the amber light should be set for a longer period of time. Mr. Faltings, 1018 Via Granada, stated that while the Council is discussing traffic lights he would like to point out that the light at Holmes and Concannon Boulevard sometimes actuates without being pulsed by a car. Mr. Lee stated that he was not aware the light had been malfunctioning but changes were made because of the new business center development at that corner. CM-34-l34 June 20, 1977 (Council Minutes) Paul Tull, 2243 Linden Street, stated that the minutes for the meeting of June 6th do not show that he was arrested. He added that the Criminal Code says that anytime a policeman puts his hands on him, he is arrested, and that happens to be false arrest. (Railroad Ave. EIR) Paul Tull stated that the EIR for Railroad Avenue has still not been done, and the law requires it. (Holmes/Vancouver) Paul Tull stated that there has been nothing done about Holmes and Vancouver and he informed the Council that all that would be required would be a stop sign. Dan Lee has said that people would run the stop sign, but "so what - catch them", rather than having another death. (Parliamentary Procedure) Mr. Tul1 stated that we live under democratic principles, and at no time and no place do we need parliamentary procedures, because we do not have Parliament in this country. Article I, Section lO of the State Constitution, says that people shall have the right to freely assemble together to consult for the common good and to instruct their representatives (Council) and to petition the legislature for redress of greviances. He added that for five years he has petitioned for redress of greviances at Holmes Street and Vancouver Way and nothing has been done. COMMUNICATION RE ~B 500 (re Smoking) A letter was received from Senator Floyd Mori thanking the Council for the letter supporting SB 500 which would permit the regulation and prohibition of smoking. He is in favor of the measure and has asked to be a coauthor of SB 500 with Senator Gregorio. Letter noted for filing. COMMUNICATION RE BIKE/HORSE TRAILS A letter was received from Ann Jolley, Chairperson of the Bicycle Trails and Horse Trails Committee for COVA, requesting comments and suggestions relative to this topic. The Councilmembers agreed to make a list of the suggestions to be presented by Cm Dahlbacka, the COVA representative, to be forwarded to the Bicycle Trails and Horse Trails Committee. REQUEST FOR ANNEXATION The Council received a request from James P. Clark for annexation of a parcel of property adjacent to land recently purchased by the City as an addition to Max Baer Park. CM-34-135 June 20, 1977 (re Annexation) No action was required of the Council but the staff was asked to inform Mr. Clark that the property may be annexed to the City with the understanding that development would be permitted only in the event public services are available, particularly with respect to availability of sewer connection. REPORT RE CUP - INSTA TUNE The P.C. submitted a report relative to the CUP application by Insta Tune, Inc., requesting use of an existing service station structure for an independent auto tune-up facility to be operated from the existing lubrication bays. The station has been converted to a coin-operated self-service gas station and the lubricating bays are presently vacant. The Planning Commission recommends conditional approval, as per their resolution No. 53-77. ON MOTION OF CM KAMENA, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE RECOMHENDATION BY THE P.C. FOR APPROVAL OF THE CUP WAS ADOPTED, BY RESOLUTION, WITH APPROVAL FOR THE MAYOR TO SIGN. RESOLUTION NO. l23-77 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT (Insta Tune, Inc.) REPORT RE SOMMER- FEST PROGRAM Cm Kamena recommended that the Council agree to provide police services for the Sommerfest program, as was done last year, AND SO MOVED. MOTION SECONDED BY CM DAHLBACKA AND PASSED BY UNANIMOUS VOTE. REPORT RE CONTRACT WITH STONE & YOUNGBERG RE LAVWMA PROJECT The City Manager reported that state regulations require the prepara- tion of a revenue program for the intended LAVWMA Project, which must be prepared in conjunction with other participating agencies and submitted no later than July 15th. ON MOTION OF CM KAMENA, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH STONE & YOUNGBERG, WAS ADOPTED. RESOLUTION NO. l24-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Stone & Youngberg) REPORT RE MUNICIPAL CONTROL OVER AIR FREIGHT CARGO The City Council had requested an opinion from the City Attorney as to the authority of the City to regulate shipments of plutonium through the Livermore Municipal Airport. In a written response, the City Attorney indicated that the City does have the authority to regulate the introduction of hazardous materials into the City's territory, subject to federal/state limitations. CM-34-l36 June 20, 1977 (re Plutonium Air Shipments/Muni. Control) In conclusion, the City Attorney pointed out that ERDA could present a clear case that its plutonium requirements are essen- tial to the national defense and the City of Livermore may not regulate the use of the Municipal Airport for shipments of plutonium. The City Manager was asked to contact ERDA sometime in October, to obtain information relative to testing currently being done by ERDA on safe plutonium containers. REPORT RE SAFER OFF- SYSTEM ROADS PROGRAM The Director of Public Works reported that the Federal Government has allocated funds for safety improvements to roadways not on the Federal Aid-Urban system, and recommends adoption of a resolu- tion accepting the City apportionment of $14,450. ON MOTION OF CM KAMENA, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE RESOLUTION ACCEPTING THE $14,450 WAS ADOPTED. RESOLUTION NO. l25-77 ~ ~ A RESOLUTION APPROVING FORMULA FOR APPOR- TIONMENT; SAFER OFF-SYSTEMS ROAD PROGRAM FUNDS. REPORT RE MAPLE ST. RECONSTRUCTION BIDS The Director of Public Works reported that bids for the Maple Street Reconstruction Project would be received too late for inclusion with agenda items but will be distributed to the Council at the meeting. The low bidder was Teichert Construction, Stockton, in the amount of $144,209.89, which was lower than the estimate. Mr. Lee stated that he is very happy with the specifications and the amount and would recommend that the bid be awarded to Teichert. The comment was made that there are older people living on Maple Street who may not happen to read about the Maple Street Project. Perhaps Mr. Lee could talk to the people to alert them of the project and the minor inconvenience to them. It was also directed that a letter be sent to all the residents of Map1e_.5treet. ON MOTION OF CM KAMENA, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE BID WAS AWARDED TO TEICHERT CONSTRUCTION. RESOLUTION NO. 129-77 A RESOLUTION AWARDING BID (Teichert) REPORT TO P.C. RE CAPITAL IMPROVEMENTS FOR 1977-78 FISCAL BUDGET It was noted that the Planning Commission reviewed the proposed Capital Improvement Plan for the 1977-78 fiscal budget, as required by state law. CM-34-137 June 20, 1977 CONSENT CALENDAR Departmental Reports The following Departmental Reports were distributed for informa- tional purposes: Airport Activity - April Building Inspection Department - April and May Municipal Court - March and April Fire Department - Year 1976 Mosquito Abatement District - April Police Department - April and May Report re Sales Tax Revenue The Finance Director submitted a report concerning sales tax revenue, showing percentage increases from 1976 to 1977 for the month of June, the April through June quarter, and fiscal year, to date, for informational purposes. Report re Senior Citizens Crime Resist. Grant Proposal A senior citizen crime resistance grant proposal was outlined by the Police Department which will come to a total cost of $4,425 and will aid 240 senior citizens of low income. Of the $4,425, the City would be required to pay $220 (5%) towards the program. It is recommended that the Council authorize the expenditure of $220 for this purpose. Res. re S.P. Right-of-Way The Council adopted a resolution authorizing execution of agreement with the Southern Pacific Transportation Company concerning the right-of-way over the abandoned right-of-way. RESOLUTION NO. 126-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (S.P. Transportation Co.) Res. Auth. Exec. of Agree. re Water Conn. The Council adopted a resolution authorizing execution of agreement with Edward and Loretta Richardson, for property located at the corner of Ames Street and Raymond Road, for water connection, as approved at the meeting of May 23. RESOLUTION NO. l27-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Edward & Loretta Richardson) CM-34-138 June 20, 1977 Report re HCD Grant Contract Amend. The City Manager reported that with the Council's approval of an Administrative Assistant position in the City Manager's office to be funded from the Community Development grant, it will be necessary to amend the City's grant application. RESOLUTION NO. 128-77 CONSENT TO AMEND THE GRANT APPLICATION; COMMUNITY DEVELOPMENT BLOCK GRANT APPROVAL OF CONSENT CALENDAR ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA, AND BY UNANI- MOUS VOTE, THE CONSENT CALENDAR WAS REMOVED WITH DELETION OF THE REPORT CONCERNING THE RADAR GUN, WHICH WILL BE DISCUSSED. REPORT RE USE OF RADAR GUN The Police Chief submitted a report concerning the use of the recently purchased radar gun, and its effectiveness in control- ling traffic speed. The report was for informational purposes and noted that 109 traffic citations have been issued during the past month through the use of the radar gun. The Council discussed the report and noted that a substantial number of citations had been issued for speeding cars on Holmes Street and that it would be worthwhile to have a second radar gun for the Police Department. ON MOTION OF CM KAMENA, SECONDED BY CM DAHLBACKA, AND BY UNANI- MOUS VOTE, THE COUNCIL APPROVED THE PURCHASE OF ANOTHER RADAR GUN FOR THE POLICE DEPARTMENT, AND AUTHORIZED THE CITY MANAGER TO AUTHORIZE THE PURCHASING AGENT TO OBTAIN ANOTHER RADAR GUN. MATTERS INITIATED BY THE COUNCIL (Water Conservation) Cm Kamena stated that he received a complaint that the faucets in the women's rest room at the Red Baron cannot be turned off completely, and a lot of water is being wasted. The City Manager was asked to check into the matter. (Exec. Session) em Dahlbacka requested an executive session after the meeting to discuss personnel matters and noted that he will not be able to attend the Solid Waste Management hearing which has been scheduled for June 24th. No other member from the Council will be able to attend the hearing and the City Manager was asked to draft a letter to be sent to the Board, expressing the City's opposition to the Altamont dump site, and the reasons for this position. BUDGET HEARING The Council set a hearing for July 1lth, to hear public testimony concerning the 1977-78 budget. CM-34-13 9 June 20, 1977 INTRO. OF ORD. RE FLOOD PLAIN ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE ORDINANCE CONCERNING FLOOD PLAIN INSURANCE WAS INTRODUCED AND READ BY TITLE ONLY. CITY MANAGER STATUS REPORT CETA Funding The City will be receiving its second round of funding under the CETA allocation, for $123,000. Most of the money will be used for clerical assistance in the various departments. Also, the Anti-Recessional Program allocation was to have been a one time allocation and this has been extended for at least five more quarters which will be very helpful. Dogwood Park Site The Dogwood Park site property sale has been delayed because of a problem with title clearance. The title company has informed the City that the City can proceed with the sale and the staff will be coming back to the Council with a package proposal to offer for sale of the property. Hay Crop The City has cut its hay crop and all expectations have been exceeded to the extent that the City may be able to earn as much as $20,000 on this years cutting, which is in excess of the amount estimated. Water Reclamation Plant ABAG has notified the City that they want all agencies to transmit to them, in preparation of their major study, modifications that will be necessary for the water reclamation plant, up until the Year 2000, which must be presented to them this month. Police Personnel The Police Chief has reported a personnel problem which involves overtime costs required for personnel being cited for court appear- ances. ADJOURNMENT Mayor Tirsell adjourned the meeting at 9:00 p.m. to an executive session to discuss personnel matters. APPROVE ~~ 7#) ATTEST ~ -LJ ~~ ayor ~ . ore, California CM-34-140 Regular Meeting of June 27, 1977 A regular meeting of the Livermore City Council was held on June 27, 1977, 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, Turner, and Mayor Tirsell Absent: Cm Kamena (seated later) and Cm Staley (excused - vacation) PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. MINUTES - 6/l3/77 P. 116 - Correct spelling of name in fourth paragraph to read OVED ZUCKER. ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF JUNE 16, 1977, WERE APPROVED, AS CORRECTED. SPECIAL ITEM - SUGGESTION AWARDS Suggestion awards were presented to City employees for submitting suggestions adopted by the City, as follows: Ruth Heyden - Suggestion to place reason for sick leave on the back of time cards. Dan Kelley - Suggestion to check parking patterns in parking lot relative to ingress and egress prior to construction of lots. Tom Opper, Larry Newcomb and Joe Whelan were not present but will receive awards from the City Manager. Robert Geyer was presented with a proclamation in recogni- tion of the "Young American Award" he received from the Boy Scouts of America. Vernon Worth was also presented with a proclamation in recognition of his 26 years of service to the City and for best wishes and good health during his retirement years. OPEN FORUM (4th of July Parade) Doug Bell, on behalf of LAPRD, requested an encroachment permit to allow for a parade which will travel from Rincon School, up Rincon Avenue, to May Nissen Park, on the 4th of July. They would also request the assistance of one or two policemen to close off pine Street for about 10-IS minutes, as the parade passes that area. CM KAMENA SEATED AT THIS TIME. CM-34-141 June 27, 1977 (re Encroachment Permit for 4th of July Parade) Mr. Lee stated that the normal procedure is for someone to obtain an encroachment permit, but the amount of time involved does not allow for this type of process. ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE COUNCIL RULES WERE SUSPENDED TO ALLOW THE COUNCIL TO ACT ON AN ITEM NOT LISTED ON THE AGENDA. CM TURNER MOVED TO APPROVE AN ENCROACHMENT PERMIT FOR THE FOUTH OF, JULY AND TO APPROVE OF POLICE SERVICES AS TRADITIONALLY SUPPLIED BY THE CITY. MOTION SECONDED BY CM DAHLBACKA AND PASSED BY UNANI- MOUS VOTE. (Salaries) Dick Christmas, 394 Pearl Drive, stated that he has read about salary raises for some of the City employees and he believes they deserve the raises they received. He also feels the City Councilmembers should have received a raise in pay for their services to the City. The Mayor explained that Councilmember pay is set by statutory authority and until the City has more than 50,000 population the amount cannot be altered. (Open Forum) Jerry Wilverding, 4886 Primrose Lane, stated that he notices the Open Forum was not listed on the agenda. Mayor Tirsell explained that the Council is hearing comments from the public at this time and that a change in agenda format will still take a unanimous vote of the Council. (re Penal Code) Paul Tull, 2243 Linden Street, read from a section of the Penal Code, which indicates that government may not establish meeting rules inconsistent with guarantees of the First Amendment. The statute making it a misdemeanor to break up a meeting cannot be used to enforce such a rule, and a person cannot be prevented from speaking because his views are unpopular. Mr. Christmas stated that people know what the rules and regula- tions are, and people are allowed five minutes of speaking time. (Selling of City Property) David Eller, 3797 Oregon Way, asked if the report has been done concerning possible sale of City property to help finance the development of City Hall. Mr. Parness noted that this will be on the agenda the first or second week in July. (Design Review) David Eller commented that he feels many downtown items should re- ceive design review, including the light poles. Some of the lights CM-34-142 June 27, 1977 (Design Review) are on galvanized poles while others are on poles with a bronze appearance, and these do not harmonize. He added that the box for the control signals for North Livermore and First Street is unsightly and perhaps it could have been placed in the mini park behind a tree or possibly a kiosk could be placed over it to help camouflage it. Mr. Eller also expressed concern for the appearance of the exterior of the City Hall and would like the building to look attractive and represent the City. (Council Publicity) Tom Bailey, 554 Escondido Circle, stated that the Council has been getting a lot of attention and publicity in the newspaper concerning problems taking place at the Council meeting, and he feels that in order to avoid problems the Council should make public, exactly what procedures are followed and what the rules of order are. Mr. Bailey was told that a copy of the rules and procedures are available at City Hall and he is welcome to a copy. PUBLIC HEARING RE 1977-78 BUDGET Mayor Tirsell opened the public hearing to receive public testi- mony concerning the 1977-78 budget. Ray Faltings, IOl8 Via Granada, stated that he would like to thank the Council for considering his letter which listed his concerns regarding the preliminary budget. He also thanked the City Manager and the Director of Finance for allowing him to read a document which included the items discussed by the Council at the time he could not attend. He appreciated the fact that the City has taken under advisement, the fact that there should be renegotiations with Sandia and LLL relative to the handling of their effluent. As far as the STEP funds, he would like to recommend that if there is to be a police sergeant and a police officer hired, that Pleasanton help share in the cost of salary for the sergeant; otherwise, there could be two police officers hired under the supervision of a Watch Com- mander, or staff members of the Chief. It was explained that there will not be hiring of new personnel for STEP, but rather the continuation of the current team. Federal funds are used first, with the remaining portion equally divided between Livermore and Pleasanton. THERE BEING NO FURTHER PUBLIC TESTIMONY, ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CONTINUED TO JULY ll. Cm Dahlbacka asked that the Council reconsider taking 7C from the Park Fund, on a continuing basis, because revenue estimates have been increased by approximately $l04,OOO which roughly represents the amount the Council wanted to put into additional personnel and salary increases. It may not be necessary to take the 7c from the Park Fund since the City has already taken $300,000 from this fund for General Reserves. CM-34-l43 June 27, 1977 (re 1977-78 Budget) Cm Turner requested that the minutes taken at the budget session be changed to reflect that the reason he would like additional personnel for the Personnel Office, is because he feels the workload is too great for one person to handle in that department. Cm Dahlbacka asked that the motion on page 9 of the report on the budget, show that Cm Turner voted against the motion and Cm Dahlbacka abstained on the motion to table. The item will be discussed again on July 11th. CO~U1UNICATION FROM ENERGY COMMITTEE RE COMP. OF l19IBB ELEMENT A letter was received from the Livermore Energy commit~dicating that there are many viewpoints concerning what an energy element for the General Plan should be. Some people feel the element should be a 50 page document, while others feel a few pages generalizing statement of goals would be appropriate. Before this task is under- taken the Committee would like to have direction from the Council as to what would be desirable. It was the consensus of the Council that perhaps a model would be available from other cities or the League of California Cities. Mr. Nies will obtain and make available this information. COMMUNICATION - COPY OF COUNTY RESOLUTION RE QUARRY OPERATIONS The Council received a resolution adopted by the Alameda County Board of Supervisors relative to regulations for quarry operations, and notified the Council of a hearing which has been set for July 14th, on this item. Mr. Nies, the Planning Director, commented that the Planning Commis- sion reviewed the County recommendations, and the only change the Planning Commission would recommend would be the review of mining activity on a case by case basis rather than every five years. The Council will be discussing this item on July lIth to formulate a position on the proposal. REPORT RE MERCHANTS PARKING LOT ADDITION The City Manager reported that in order to proceed with an assess- ment district for the acquisition of property known as the merchants parking lot, an appraisal quote is required. It is recommended that the Council authorize conduct of a preliminary appraisal for this purpose. It was suggested that prior to authorizing conduct of an appraisal, the Council hear testimony from the merchants relative to the value of the parking lot. It was noted that in order to proceed the City must find out the value of the property and this may be different than what the merchants feel the value should be. CM KAMENA MOVED TO AUTHORIZE THE STAFF TO PROCEED WITH CONDUCT OF A PRELIMINARY APPRAISAL. MOTION SECONDED BY CM DAHLBACKA. CM-34-144 June 27, 1977 (re Parking Lot) There was discussion as to how the parking lot fits into the CBD Plan, which has not been formally adopted, and whether or not there should be an appraisal when the Plan has not been adopted. Mr. Parness commented that the space for parking is intended as part of the CBD Plan. At present, the parking facilities are being used everyday to 80-90% of its capacity and the lease term will expire the end of September. Unless the lease is re- newed by the City, all of the cars will be back on the street. The Chamber of Commerce and some of the merchants have offered to help find a way to finance aquisition of land for parking purposes, but they need to know how much money will be needed for acquisition. . , '. .:. MOTION p~SEb)BY UNANIMOUS VOTE. REPORT RE MERCHANT'S PARKING LOT LEASE The City Manager reported that the lease for the ~ierchant's parking lot will expire the end of September, and the owner has indicated his willingness to extend the lease until July 31, 1980, at a lease rate of $1,368 per month. The current lease rate is $662.ll per month. The lease is paid by the business license surcharge with a contribution from Alameda County, and the new rate would result in a substantial increase in the business license surcharge. Mr. Parness added that the current lease was entered into about 10 years ago and there has never been an increase during that lO year period with the exception of the increased amount of taxes for the property. It would be reasonable to expect some increase in the lease but the proposed increase would seem to be excessive. He would like to have permission from the Council to go to the property owner to negotiate a lease amount. Item noted for filing. RESOLUTION RE IN- CREASE IN BUSINESS LICENSE SURCHARGE ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA AND BY UNANI- MOUS VOTE, THE COUNCIL ADOPTED A RESOLUTION OF INTENT TO INCREASE THE BUSINESS LICENSE SURCHARGE AND TO SET A HEARING CONCERNING THIS ITEM, FOR JULY l8. RESOLUTION NO. 130-77 NOTICE OF INTENTION TO INCREASE BUSINESS LICENSE TAX SURCHARGE FOR PARKING AND BUSINESS IMPROVEMENT AREA. The City Manager was asked to prepare a report concerning the parking lot history including the original lease figure, the increase and percentage of increase, up to the present time, including the proposed increase, SO MOVED BY CM TURNER AND SECONDED BY CM DAHLBACKA. INCLUDED IN THE MOTION WAS AUTHORI- ZATION FOR THE CITY MANAGER TO NEGOTIATE WITH MR. REGAN. CM-34-l45 June 27, 1977 (re Parking Lot Costs) Ray Faltings suggested that the City contact the County to ask if they will help share the increased cost for leasing the parking lot by increasing the amount they pay. Mr. Faltings was assured that the request would be made. CM KAMENA MOVED TO AMEND THE MOTION TO DELETE THE FIGURES NOTED IN THE RESOLUTION. The City Attorney indicated that the notice must include a rate. AMENDMENT WITHDRAWN. The City Attorney noted that the resolution is a notice of intent and additional wording indicating that the figure may be modified by action of the City Council, could be included. INCLUDED IN THE MAIN MOTION WAS DIRECTION TO THE STAFF TO TAKE CARE OF THE ADDITIONAL WORDING AS APPROVED BY THE CITY ATTORNEY, SECONDED BY CM DAHLBACKA AND PASSED BY UNANUmUS VOTE. REPORT RE PARCEL MAP 2214 Mr. Nies, the Planning Director, explained that Standard Realty & Development would like to divide the property south of I-580, west of McGraw Avenue (PM 2214) into five lots. The property presently consists of three lots on l30 acres of land. The owners realize the City is under a cease and desist order and that lot splitting would not affect connection conditions. CM TURNER MOVED TO ADOPT A RESOLUTION APPROVING TENTATIVE PARCEL MAP NO. 2214. MOTION'SECONDED BY CM KAMENA AND PASSED BY UNANIMOUS VOTE. RESOLUTION NO. l3l-77 A RESOLUTION APPROVING TENTA- TIVE PARCEL MAP NO. 2214 COUNTY REFERRAL RE LIVERMORE FEED & FARH The City received a County referral relative to a CUP request from Livermore Feed & Farm, Inc., at 5055 South front Road, to allow bulk sales of feed and grain at the above address. The matter has been reviewed by the Planning Commission who recommends approval of the CUP, with the following conditions: 1) That develop- ment be connected to the City's sewer system; and 2) Retail sales be ancillary to the primary wholesale feed business. Manuel Escova, 9174 Mines Road wondered if the application is for wholesale or retail sales and he was told that the application is for wholesale sales, but they would be allowed to have some retail sales also. CM KAMENA MOVED TO ADOPT THE P.C. RECO~MENDATION TO APPROVE ,THE APPLICATION, TO BE TRANSMITTED TO ALAMEDA COUNTY PRIOR TO THE JUNE 29th PUBLIC HEARING. MOTION SECONDED BY CM TURNER AND PASSED BY UNANIMOUS VOTE. CM-34-146 June 27, 1977 P.H. SET RE PROPOSED GEN. PLAN AMEND. & PROPOSED ZOo ORD. AMEND. RE HOFFMAN PUD & NEG. DEC. ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE PROPOSED GENERAL PLAN AMENDMENT, NEGATIVE DECLARATION TO ADD "OFFICE" CATEGORY AND APPLY TO SPECIFIC AREAS; AND THE PROPOSED AMENDMENT TO THE ZONING ORDINANCE REGARDING THE HOFFMAN PUD AND NEGATIVE DECLARATION, WERE SET FOR PUBLIC HEARING ON AUGUST 8, 1977. P.C. SUMMARY OF ACTION - 6/2l/77 The Planning Commission Summary of Action from their meeting of June 21, 1977, was noted for filing. P.C. MINUTES 6/7/77 The Planning Commission minutes for the meeting of June 7, 1977, were noted for filing. REPORT RE SECOND ST. PARKING E. OF MAPLE The report from the Director of Public Works relative to Second Street parking, east of Maple Street, recommends against diagonal parking because it would restrict the traveled area. The owner of the Jeanery had requested diagonal parking along Second Street, east of Maple St. Mr. Lee indicated that the staff determined that no addi- tional parking would result if diagonal parking were provided east of Maple Street, and in fact two spaces would be lost. Mr. Marver then requested diagonal parking between Maple and McLeod, and this would result in an in- crease of only four additional parking stalls. The staff would recommend no action be taken. Item noted for filing with the request that the staff so inform Mr. Marver. REPORT RE BIKE PATH - THIRD ST. Cm Turner commented that he had asked for a report concerning the bike path on Third Street because the merchants had men- tioned that the path was not being used and if this is the case the Council might wish to consider moving the bike trail or take some type of action that would encourage regular bicyclists to use the bike lane. The suggestion was made that perhaps the item should be referred to the Bikeways Association and the Valley Spokesmen with a request to conduct a survey of the number of bicyclists who use that particular bike lane. Cm Turner indicated that he wouldn't mind if the item were referred to these groups but before doing so he would like Council discussion of the item, adding that the purpose of placing a bike lane on Third Street was to eliminate bike traffic on Fourth Street, but commuters are using Fourth Street instead. CM-34-147 June 27, 1977 (re Third Street Bike Path) Mr. Lee explained that removing the bike lane would not increase the amount of parking unless the parallel parking were replaced with diagonal parking stalls. CM TURNER MOVED TO REFER THE ITEM TO THE VALLEY SPOKESMEN AND THE BIKEWAYS ASSOCIATION WITH THE REQUEST THAT THEY CONSIDER A ROUTE OTHER THAN THIRD STREET, FOR THE BICYCLE LANE. Other members of the Council felt the bicycle lane should not be removed but would have no objection to adding another bike lane on Fifth Street, or whatever. CM TURNER RESTATED THE MOTION TO REQUEST THAT THE BIKE GROUPS CONSIDER THE VALUE OF THE THIRD STREET BIKE LANE AND TO CONSIDER A MEANS OF ENCOURAGING BIKE RIDERS TO USE FIFTH STREET OR THIRD STREET. MOTION SECONDED BY CM DAHLBACKA, AND PASSED BY UNANIMOUS VOTE. REPORT RE AIRPORT RATES AND CHARGES A report suggesting an increase in rates and charges for airport facilities, was distributed to the Council by the Director of Public Works. ON MOTION OF CM KAMENA, SECONDED BY C~ DAHLBACKA AND BY UNANIMOUS VOTE, THE NEW RATES RELATIVE TO AIRPORT USAGE WERE ADOPTED. RESOLUTION NO. 132-77 A RESOLUTION ADJUSTING RATES AT THE LIVERMORE MUNICIPAL AIRPORT REPORT RE INDUSTRY. - RE MUNI. SERVICES At the direction of the Council, the City Manager contacted eight of the City's largest firms, with an inquiry as to which municipal services they may be in need of in the future, and the current level of municipal services.. Of the eight firms contacted, two responded, and the City Manager was asked to keep the Council informed as to further correspondence with any of the eight firms. Mr. Parness indicated that Mr. Fleenor, Director of the VA Hospital has posed questions that need to be answered and Mr. Parness intends to schedule a meeting to discuss some of these concerns and he will provide a summary for Council review. RECESS Mayor Tirsell called for a brief recess, after which the Council meeting resumed with the three Councilmembers and Mayor present. CM-34-148 June 27, 1977 REPORT RE OPEN FORUM POLICY The Assistant to the City Manager reported on Council policy rela- tive to persons addressing the City Council during the open forum which included possible alternatives that could be employed, should the Council decide to change the current procedure. It was the consensus of the Council to note and file the report and make no change in present policy. REPORT RE WATER REC. PLANT NEEDS The Director of Public Works reported on the Water Reclamation Plant needs to year 2000, which has been forwarded to ABAG. If there are any changes, an amendment will be forwarded to them. In the report it was noted that Phase D of the Water Reclamation Plant Project calls for additional land acquisition and spray irrigation facilities and concern was expressed by the Council because Zone 7 has adopted a policy of not allowing land spray. Mr. Lee stated that it is his understanding that Zone 7 has expressed concern for land spray but there is no data availa- ble to make that decision. It is possible that the data would become available as the underground is monitored and it may be that some limitation may be justified in the amount of reclamation allowed but at this time he believes there would be no evidence to support such a position. Councilmembers felt the City needs to do some research on this item because the City has contracts and a lot of money invested for spray systems for medians and the Junior College site. The staff was asked to determine if Zone 7 has the legal authority to prohibit land spray and to direct a letter to the Regional Quality Control Board and possibly the state, indicating that they have participated in the plant upgrading which included the tanks and delivery system and that the City would appre- ciate their opinion concerning this matter. The staff was also asked to obtain a copy of the resolution adopted by Zone 7 concerning the policy for not allowing land spray. Item will be further discussed at a later date. REPORT RE 1977-78 PERFORMANCE BUDGET Discussion concerning the performance budget format for 1977-78, was deferred until the next budget hearing which has been scheduled for July ll. APPOINTMENTS Energy Committee: CM DAHLBACKA MOVED TO APPOINT OVED ZUCKER TO ENERGY COMMITTEE, SECONDED BY MAYOR TIRSELL FOR DISCUSSION PURPOSES. CM-34-l49 June 27, 1977 (Appointments) Cm Turner commented that he has not yet met with Mr. Zucker and would like to meet him prior to voting on the motion. MOTION FAILED BY A 2-2 VOTE (Cm Turner and Cm Kamena dissenting). CM TURNER MOVED TO APPOINT RITA MORRIS TO THE ENERGY COMMITTEE, SECONDED BY CM KAMENA AND PASSED 3-1 (Cm Dahlbacka dissenting). Housing Authority: ON MOTION OF CM KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, JAMES LYLE WAS APPOINTED TO THE HOUSING AUTHORITY. Beautification Committee: ON MOTION OF CM KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, ANN SPEIS WAS APPOINTED TO THE BEAUTIFICATION COMMITTEE. Recycling Task Force: ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, BILL MANIS WAS APPOINTED TO THE RECYCLING TASK FORCE. ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, MARY ANN HANNON WAS APPOINTED TO THE RECYCLING TASK FORCE. ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, LOIS HILL WAS APPOINTED TO THE RECYCLING TASK FORCE. ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, SAL TOMPKINS WAS APPOINTED TO THE RECYCLING TASK FORCE. ON MOTION OF CM KAMENA, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, JAMES GASKILL WAS APPOINTED TO THE RECYCLING TASK FORCE. ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, SUE MODE AND MIKE ROSS WERE APPOINTED TO THE RECYCLING TASK FORCE. ON MOTION OF CM TIRSELL, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, DALE DENHAM WAS APPOINTED TO THE RECYCLING TASK FORCE. There are other appointments to be made to this committee and will be made pending the receipt of applications from the Senior Citizens group. CONSENT CALENDAR Report re County Trans. Adv. Comm. The City Manager reported that the annual meeting for the Alameda County Transportation Advisory Committee has been scheduled for June 29. The primary project list category contains two projects pertaining to Livermore and are in the same category listing as the current year. The staff will support this listing if no objections are voiced by the Councilmembers. David Eller requested that the City reiterate its position concerning a six lane freeway because he feels people will fight for an eight lane freeway and this would circumvent the agreement that was made with the Sierra Club. He also urged withdrawal of support on Item l2. CM-34-150 June 27, 1977 Reso. re Air Condo Maintenance Service Bids The Council adopted a resolution authorizing award of bid to Scott Company for air conditioning and maintenance service. This was the only bid received which also included insurance coverage, totaling $6,407.85. RESOLUTION NO. l33-77 A RESOLUTION AWARDING BID (Scott Co.) Res. re Janitorial Maintenance Bid The Council adopted a resolution awarding bid to Mayfield Janitorial, low bidder for janitorial maintenance of the Police Building, Youth Services in Livermore and Dublin, and the Pur- chasing Department, for $728.75/month. The resolution also awarded a bid to Tri-Valley for janitorial services for the City Hall and Annex, Library and Public Works, for $l,200.00/month. RESOLUTION NO. l34-77 A RESOLUTION AWARDING BID (Tri- Valley and Mayfield Janitorial) Res. Adopting Salary Range The Council adopted salary ranges for classified and unclassified employees, by resolution, and approved a 4%, 5% and $l,OOO one time salary adjustment for the City Attorney. RESOLUTION NO. 135-77 A RESOLUTION OF THE CITY OF LIVER- MORE ESTABLISHING A SALARY SCHEDULE FOR THE CLASSIFIED AND UNCLASSIFIED EMPLOYEES OF THE CITY OF LIVERMORE, ESTABLISHING RULES FOR ITS USE, AND RESCINDING RESOLUTION NO. 34-77. Res. Auth. Exec. of Easement Quit- claim (Dogwood Sitet The Council adopted a resolution authorizing execution of ease- ment quitclaim for property at the Dogwood Park site. RESOLUTION NO. 136-77 A RESOLUTION AUTHORIZING EXECUTION OF QUITCLAIM (Joe and Jenny Leal) CM-34-l51 June 27, 1977 Res. Amending policies & Rules for Conduct The Council adopted a resolution amending policies and rules for conduct of City Council meetings. specifically to clarify the item "Motion to Reconsider". RESOLUTION NO. 137-77 A RESOLUTION AMENDING POLICIES AND RULES FOR CONDUCT OF CITY COUNCIL MEETINGS Res. Amending Number of Members - Soc. Concerns The Council adopted a resolution amending the by-laws concerning the number of members to serve on the Social Concerns Committee. RESOLUTION NO. 138-77 A RESOLUTION AMENDING THE SOCIAL CON- CERNS MEMBERSHIP Res. of Appreciation (County Fire Warden & Station Personnel) The Council adopted a resolution expressing appreciation to the Alameda County Fire Warden and station personnel for allowing the City to occupy the County fire station on College Avenue during the construction of Fire Station No.4. RESOLUTION NO. 139-77 A RESOLUTION EXPRESSING APPRECIA- TION - ALAMEDA COUNTY FIRE WARDEN AND STATION PERSONNEL Res. Transferring Funds - 1976-77 Funds A resolution transferring 1976-77 funds is action in accordance with the annual resolution relative to the current year's budget. RESOLUTION NO. 140-77 RESOLUTION AUTHORIZING AND DIRECTING TRANS- FER OF FUNDS Payroll & Claims There were 139 claims in the amount of $305,l85.45, and 308 payroll warrants in the amount of $l59,787.85, dated 6/17/77 and approved by the City Manager. There were 60 claims in the amount of $73,795.49, dated 6/22/77, and approved by the City Manager. CM-34-l52 June 27, 1977 APPROVAL OF CONSENT CALENDAR ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED WITH DELETION OF THE ITEM DENYING A CLAIM BY THE ALAMEDA COUNTY WATER DISTRICT (5.9) WHICH HAS BEEN REFERRED TO THE CITY'S INSURANCE CARRIER. MATTERS INITIATED BY THE COUNCIL (Smoking) Cm Dahlbacka asked that a copy of the City's resolution relative to smoking in public places, be sent to Thomas Andrews, Administra- tor of Valley Memorial Hospital. (Reclamation) Cm Turner stated that he, Bob Philcox and Chuck Ladner will meet with Zone 7 to discuss reclamation, reuse, and he will be report- ing back to the Council concerning developments. The Mayor commented that Cm Turner was not present at the time it was mentioned that members of LAVW~~ should be very straight- forward in letting Zone 7 know that everyone is pleased that they want to join in the reclamation study, but no rights or prerogatives, as dischargers, will be given up. LAVWMA was formed because of the discharge problems in the Valley and commitments have been made. (Smoking Resolution) Cm Turner stated that it is his understanding that the resolution relative to smoking in public places will be sent with each busi- ness license renewal, so that merchants will be informed of this request to voluntarily comply. Mr. Parness stated that he has taken the liberty of sending a copy of the resolution to the Chamber of Commerce and the four newspapers, requesting notice of the resolution. Mr. Parness was asked to send the same resolution and a letter to VMH, LARPD, the School District, and any public agency in town. (Noise Element) Mayor Tirsell asked about the status of the Noise Element and Mr. Nies indicated that there will be some modifications to the Noise Element because of legislative action and the item will be coming to the Council later. (Curbside Mailbox) Mayor Tirsell stated that the owner of Dom's Surplus has again asked that the curbside mailbox across the street from his store be removed because it takes up two parking spaces. He indicates that cars do not drive up to the mailbox to deposit mail and if this is the case there is no reason it couldn't be a sidewalk drop. CM-34-l53 June 27, 1977 (Curbside Mailbox) Mr. Parness stated that the mailbox is used but he will ask the Postal Department to make a count, to determine just how many cars drive up to the mailboxes each day. (Street Sweeping) Mayor Tirsell asked if there is some way people can be informed of the street sweeping schedule, because it is difficult for the street sweeper to get around a lot of cars parked in the street. Cm Turner mentioned that the City of Concord or Walnut Creek has a sign that sits on the street sign which notifies people that the street sweeper will be cleaning on that street the next day. Mr. Parness was asked to check into the feasibility of posting a sign, such as mentioned above. (portola Development) Mayor Tirsell stated that Mr. Lounsbury's application for development on Portola Avenue will be discussed and would request that someone from the staff attend the meeting to reiterate the Council's posi- tion concerning commercial development along Portola Avenue. Mr. Nies noted that a communication from the Planning Commission has been sent to the County but the Council asked that someone from the staff attend to speak also. (SB l64) Mayor Tirsell announced that SB 164 failed in the Senate today. This was the binding arbitration bill but it can be brought up during the next session because of the retainer that was placed on it. (County Fair) Friday is Livermore Day at the Fair and people interested in attending the horse races should contact the Chamber of Commerce, because tickets will be available. Hopefully people will support Livermore Day at the Fair. ADOPTION OF ORD. RE FLOOD CONTROL ON MOTION OF CM TURNER, SECONDED BY CM KkMENA AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED THE ORDINANCE RELATIVE TO FLOOD CONTROL. ORDINANCE NO. 921 AN ORDINANCE RELATING TO CHAPTER 25, WATERCOURSES, OF THE LIVERMORE CITY CODE, 1959, IS HEREBY AMENDED BY THE ADDITION OF A NEW ARTICLE, ARTICLE II, RELATING TO FLOOD CONTROL REGULATIONS. CM-34-154 June 27, 1977 CITY MANAGER STATUS REPORT First Street Overhead Mr. Parness reported on the First Street Overhead Project noting that everything is proceeding as anticipated. Water Pressure - Doolan Canyon Reservoir The City has been experiencing too much pressure in some of the water lines and lines have been breaking so the City will be installing pressure reducing valves. SB 164 The City was relieved to learn that SB l64 did not pass the Senate and with the Council's permission he would like to write to Senator Holmdahl thanking him for voting in opposi- tion to the bill. The Council concurred. Sales Tax Figures that the Council reviewed this evening, indicate that the sales tax is higher than anticipated and it is expected to be higher next year as well. For the past calendar year the City's drug tax was up 70% and the staff associates this with the presence of the new Long's Drug Store. Public Transportation One of the LLL directors has been assigned to the topic of public transportation and has introduced a suggestion which is for a noontime shuttle bus, chartered bus service from the labs to the downtown area. Reportedly, many of the employees drive into town on their lunch hour to take care of business or eat, as evidenced by the congestion on East Avenue during that time. It is being suggested that the bus charge 25~ with the request that merchants validate the ticket to provide for a free return to the labs. The merchant will pay 25~ for each validated ticket. This is an example of the cooperation of the CBD with local indus- try in assisting in traffic congestion, energy conservation and the willingness to accommodate customers. According to Senator Cranston's office, SB 208 has been formally adopted and signed into law which will mean that Livermore will be able to qualify for additional operational expenses for a local transportation service. This will not completely relieve the City of costs towards this project but it may mean partici- pation to the extent of about 10% rather than 25%. Housing Authority A meeting has been scheduled with the Housing Authority Board of Directors, as requested by the Council, for next week. CM-34-155 June 27, 1977 Police Beat The Chief of Police has indicated that the warm weather has caused a tremendous increase in policing problems, and particularly with the younger element. Over the weekend there has been a delay in response time, based upon the nature of the call, to as much as an hour to an hour and a half. Every available man was on duty for each shift, but this type of delay occurred. One of the big problems is the cruising problem. Motor bikes used by the Police Department have been a large asset for Friday and Saturday night patrolling, and the street is also being patrolled on foot. The Police Chief will be meeting with police chiefs from other small communities to discuss the cruising issue of the local juvenile population. Vandalism The Council has been informed of the City's ongoing vandalism problem and what the City is trying to do to curb it, and a lot of the control has to do with the participation and help of citizens. Early Sunday morning a resident of the Murdell Lane area notified the police of two cars skidding around on the turf of the Holm Well Park site. The police responded immediately and were able to apprehend the vehicles, the informer arrived and was told that he would have to make a citizens arrest because the officers had not been present when the event took place, and the citizen willingly did so. The drivers were juveniles and caused several hundred dollars worth of damage to that park. Hopefully, interested and concerned citizens will continue to report such incidents to the Police Department. East Avenue School was vandalized over the weekend, with windows being broken and graffiti written on the walls. Public Safety The City will begin a new program with the aid of the Federal Weather Bureau whereby five day advance weather forecasts will be given, par- ticularly with regard to dry periods. Notices will be posted on two of the City's fire stations and the flag pole. A red flag will be posted when there is a critical fire danger. Industrial Recruitment Livermore Farm and Seed will be developing an 8,000 sq. ft. building on South front Road. They had considered closing up business and moving out of Livermore, but they found a location and the City is happy they will continue to do business in Livermore. Polymir representatives will be meeting with the staff tomorrow and hopefully the plant location will be finalized with Livermore. CM-34-156 June 27, 1977 Cm Turner commented that some of the merchants in the area of the First Street Overhead are upset because they feel they were not notified of the location for the overpass, at least according to the report in the newspaper. One of the merchants quoted was John Scontrianno, and Cm Turner recalls that John and he discussed this area and changes were made to his property because of the anticipated overpass. He intends to speak to John about this matter. Mayor Tirsell added that all the merchants were invited to discuss this matter with the Council and when the item was discussed and none of the merchants attended the meeting. ADJOURNMENT APPROVE adjourned the meeting at 10:40 p.m. ;Jlr-~%..'~-l Mayor Mayor Tirsell ATTEST City. Clerk Livermore, California CM-34-157 Regular Meeting of July ll, 1977 A regular meeting of the Livermore City Council was held on July ll, 1977, 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, Turner, and Mayor Tirsell Absent: Cm Staley (excused - vacation) Cm Kamena (seated later) PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. MINUTES - 6/20/77 and 6/27/77 ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF JUNE 20, 1977, WERE APPROVED, AS SUBMITTED (Cm Turner abstained due to absence at that meeting). ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF JUNE 27, 1977, WERE APPROVED, AS SUBMITTED. CM KAMENA SEATED AT THIS TIME. OPEN FORUM (First St. Speed Limit) Arthur Chick, 262 Trevarno Road, stated that the speed limit changes from 40 mph to 50 mph on First Street at the Trevarno Road area and he feels this creates hazards in that there are businesses located near Trevarno Road and people have to pull into the speeding traffic from those businesses. Also, a school bus stops at Trevarno Road and cars are passing at a fast rate of speed. He would like the speed limit increase to be posted further out, beyond the Smorga- Bob Restaurant. Mr. Lee noted that the staff has been concerned about the speed limit in that area and did contact the state about getting the speed lowered along the Trevarno Road area but their report recom- mended no change. The staff was directed to contact the state with the request that Trevarno Road and other trouble spots on First Street be included in their study at the time Holmes/Vancouver is studied. PUBLIC HEARING RE TREVARNO RD. REZONING The Planning Commission has reviewed possible rezoning for the Trevarno Road area to be designated as a landmark under Heritage Resource designation (RS-2-H.P.) from the current RS-3 zoning. The property consists of 7.7 acres. The P.C. recommends rezoning based on the finding that the proposed change is in conformance with the intent of the City's policy to recognize and designate historically significant landmarks and districts in its effort to maintain the character and heritage of the past. CM-34-158 July ll, 1977 (Trevarno Rezoning) The comment was made that the Council has a copy of a map with 14 lots and that the approved map was for only 12 lots, but the tract map has nothing to do with the zoning. David Madis, 1011 Geneva, stated that the official recorded parcel map does not show the additional two lots - there are l2 houses, the street is one lot, and there is another lot that was dedicated to the City along First Street. He is still the owner of a majority of the lots on Trevarno Road but he has deferred his judgement to those who are living in the homes or are buying the homes on Trevarno Road. Originally the people were interested in the Heritage overlay district but have expressed concern with several items that could have an adverse affect upon present occupancy. There are questions as to what will or will not be allowed under the new designation, such as whether or not swimming pools would be allowed in the new district. Arthur Chick, 262 Trevarno Road, stated that the P.C. has discussed this matter but many of the home owners are new owners of the homes and they were not aware of the proposed district overlay until the last 30-40 days. People are concerned about what might have to be done to the property if it is designated a heritage landmark. For instance, they may be required to trim the hedges that have grown to l6-l8 ft. in height and if they have to be trimmed to about 4 ft. there would be only stumps remaining because they have not been maintained properly. Mr. Nies, the Planning Director, stated that the property would be subject to review by the Heritage Commission, but he feels they would be reasonable in their requirements. Mr. Chick explained that the homeowners have signed a covenant and deed, they have an architectural committee, and the indi- vidual homeowners have a mutual goal in preserving the area. At present, they have to go to the committee to make changes and the heritage overlay means they would have to have appro- val by a second committee. He would like to request that the Council defer any action on this item until after the homeowners have had an opportunity to meet and discuss this item with the Planning Commission and the Heritage Commission. It was explained that the Heritage Preservation Ordinance was adopted as a means of protecting, heritage landmark areas and Mr. Chick noted that the homeowners have legal means to prohibit an owner from doing anything to the property that would destroy the original aesthetic effects, through the covenants and restric- tions. The comment was made that for one reason or another the home- owners may not enforce some type of violation and if the area were in a heritage preservation district the City could act upon violations to the conditions of the ordinance. The people in the City are also concerned about preserving the Trevarno Road area. The Council discussed some of the concerns raised by the home- owners, and it was noted that the report from the P.C. isn't clear as to what will or will not be allowed if there is a heritage preservation overlay. The homeowners have made a substantial monitary investment in refurbishing the structures and it would seem reasonable that they would be concerned over the proposal. CM-34-159 July 11, 1977 (Trevarno Rezoning) Larry Berger, 227 Trevarno Road, stated that the homeowners would like a little more time to review this item and they would like the Council to delay action. He added that the conditions are confusing because the Heritage Commission discussed keeping the old gray stucco appearance but some of the homes have new stucco a different color than the original stucco. Also, he has had to remove some of the vegetation because it was not maintained and had grown out of control. He would like to have kept it because it was unusual, but because of the uncontrolled appearance it had to be removed. Also, he feels that if the City is to condition what can or cannot be done with the property, it should take over the maintenance of the street and median. Ron DuShane, 125 Trevarno Road, stated that he would appreciate an extension of time for discussion by the homeowners because all of the homeowners have not moved into the homes and others have been very busy working on their homes and do not know all of the ramifications of the historical preserve overlay. Personally, he does not want a lot of restrictions placed on what he can do to his property, and he feels that most of the homeowners feel the same as he does. Also, the Datsun garage was allowed to be developed in the back yard of the large home at the entrance to Trevarno Road and he feels this certainly doesn't represent progress. It was noted that the City did not have anything to do with the Datsun garage using part of the property on Trevarno Road. Heidi ~1ichael, 273 Trevarno Road, stated that she would be interested in the response concerning the Datsun garage behind her home and it was explained that the property was owned by Mr. Hutka and the City had nothing to do with a portion being used by the Datsun garage. It was mentioned that thousands of dollars worth of street repair expense was spared the homeowners during public testimony concerning street repair because the area does have historical significance and because it does not get a lot of heavy traffic and the Council has gone to significant lengths to preserve the historical nature of the area by placing a temporary historical freeze on the proper- ties to guarantee its historical state. Mr. Madis commented that all of the homes have commitments but some of the homes are still in escrow. Five of the homes have been transferred from his ownership to occupants of the homes. He added that he will be happy to furnish the Council with a copy of the deed restrictions, as recorded. As he recalls, the City has reserved the right to enforce the deed restrictions. CM KAMENA MOVED TO CONTINUE THE PUBLIC HEARING TO THE ~1EETING OF SEPTEMBER 19th. MOTION SECONDED BY CM TURNER AND PASSED BY UNANIMOUS VOTE. The staff was directed to ask the Heritage Preservation Committee to set up a meeting to discuss this item with the homeowners. PUBLIC HEARING RE COLLECTION METHOD - SEWER SERVICE CHARGE The City is required, by law, to hold a public hearing concerning the assessment method for collection of residential sewer service charges, which has nothing to do with rates. Presently, collection is done through collection of property taxes, by the County. CM-34-160 July ll, 1977 (Collection of Sewer Service Charge) The Council is aware of the fact that the rates will have to be increased to satisfy the apportioned cost for the LAVWMA project and if the project proceeds prior to August IS, it may be possible to revise the schedule of rates for the new fiscal year. If not, the cost would be advanced and reimbursed by increased fees during the next year. THERE BEING NO PUBLIC TESTIMONY, ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA, AND BY UNANI- MOUS VOTE, THE RESOLUTION RELATIVE TO METHOD OF COLLECTION WAS ADOPTED. RESOLUTION NO. 141-77 A RESOLUTION ADOPTING REPORT OF CITY FINANCE DIRECTOR RE SEWER SERVICE AND USE CHARGES. MOTION TO SUSPEND RULES TO ALLOW DISCUSSION OF 4.l The Mayor noted that there are people in the audience, from the County, who wish to discuss item 4.1 (P.C. reports) which will be discussed immediately after the next public hearing, if the Council has no objections. ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE COUNCIL RULES WERE SUSPENDED TO ALLOW DISCUSSION OF AN AGENDA ITEM OUT OF SEQUENCE. CONTINUED PUBLIC HEARING RE BUDGET It was the consensus of the Council that during discussion of the budget, the item relative to a personnel addition (4.3) will be discussed because budgetary funds must be approved for additional personnel. Mayor Tirsell asked for public testimony concerning the 1977-78 fiscal year budget. R. Faltings, 1018 Via Granada, stated that the City has three municipal enterprises which are unable to maintain their posture of breaking even. He would request that this be the last year for approving deficit spending for the three municipal enterprises. THERE BEING NO FURTHER PUBLIC TESTIMONY, ON MOTION OF CM ~~ENA, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. The comment was made that the Council has not seen a timetable for the traffic light suggested for Second Street, and if it isn't on a schedule, how can the staff be sure the project will be completed the year the money is appropriated? Mr. Lee explained that sometimes a project is delayed be- cause of another priority, but it is the City's intention to begin the project prior to the end of this fiscal year. As far as a timetable for everything listed in the budget, the City intends to complete each project. Items such as right-of-way, cooperative projects, may be delayed for one reason or another but the other projects should be completed. CM-34-l6l July ll, 1977 (re Budget) Cm. Dahlbacka asked that the 7~ taken from the Park Land Ac- quisition Fund be put back into this fund because with increased property values the City will be getting more taxes and it will probably not be necessary to take the money from the Park Land Acquisition Fund for operating expenses. The Council majority did not wish to reconsider at this time. lb...i'<' ~:$:,.'-rA!r.J.- The Council then moved to discussion of Item 4.3 on the agenda, for personnel additions recommended by the City Manager. The City Manager was asked if the half-time Personnel Analyst is a reasonable request in that it might be difficult to find a person to do a good job if the job requires a full-time person. Mr. Parness indicated that this is a good point and his intention is to assign the money that would be allotted for this post, to the Administrative Assistant, Barbara Hempill, who is now being funded by federal grant monies. He felt that it would be reasonable to pay half of her salary and request that the other half be funded by federal sources, since the present federal funding will soon expire. She has been devoting a considerable amount of time assist- ing the Personnel Director and full-time service is essential. The Council then discussed the recommendation to hire a City Engineer and Mr. Parness explained the need for this principal supervisory employee, that would be about the same as an Assistant Director of Public Works, but in charge of the Engineering Division. Mr. Lee stated that the City ~1anager's recommendation would be con- sistent with what he recommended to the Council during the budget session. He had in mind some type of engineer who could help with the many reports that have to be prepared by Mr. Lee. The argument was made that it really isn't necessary to hire a person of this type at this time because residential development is extremely low and perhaps the Council could reconsider when residential build- ing increases. The comment was made that the Engineering Department has never been busier because the City is in the process of constructing an overpass, the railroad relocation project has just been completed, and a new City Hall will soon be underway. The development of new homes and structures would affect the Building Department and the Planning Department as well as Zoning, but not Engineering. Mr. Parness added that Engineering is the only division within the City, that is without an administrative supervisor. The comment was made that the recommendations for additional person- nel by the City Manager, are reasonable requests but since there is a need for additional police personnel perhaps the Council would consider authorizing another police officer in addition to the Police Dispatcher. Mr. Parness noted that the Chief's first priority would be the police dispatcher, but as a second choice, clerical help is needed for the Police Department, notwithstanding the fact that another police officer would be a welcomed addition. Individual votes were cast for the list of proposed personnel additions, as follows: City Engineer: 3-1 (Cm Turner dissenting) Police Dispatcher: Unanimous Firefighter: Unanimous Personnel Analyst: Unanimous CH-34-162 July 11, 1977 (re Budget) Typist Clerk - Building: Unanimous Accounting Technician: Unanimous Steno Clerk - City Attorney: Unanimous One Additional Person for Police Dept. - to the level of a sworn police officer; position to be selected by Police Chief: Unanimous ON MOTION OF CM KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE ABOVE MENTIONED PERSONNEL ADDITIONS WERE ADDED TO THE 1977-78 FISCAL BUDGET WHICH IS TO BE ADOPTED BY THE COUNCIL THIS EVENING. CM DAHLBACKA MOVED TO TABLE ADOPTION OF THE BUDGET, WHICH FAILED FOR LACK OF A SECOND. Concern was expressed over the fact that the Council will be adopting a budget not approved by the full Council and it was noted that Cm Staley voiced no objection to any of the items to be adopted and changes can always be made by the adoption of a resolution when Cm Staley returns. ON MOTION OF CM KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE THE 1977-78 BUDGET, AS AMENDED, WAS ADOPTED BY RESOLUTION. RESOLUTION NO. 142-77 A RESOLUTION APPROVING 1977-78 FISCAL YEAR BUDGET As part of the budget discussion, the City Manager prepared a report concerning Program Budget which is a format used in assigning dollar amounts to units of work measured or work programs, rather than specific line items. The Program Budget format has been prepared for the past three years and the Council is asked to make a decision as to the type of format to be used in the future. The Program Budget allows the Council to see how much money is spent to patch a street as a total project, rather than just the specific costs, such as the cost for asphalt. The City Manager commented that if the Council is interested in the Program Budget format he would partially combine the line item format with the Program Budget format to show the cost of the program as well as personnel costs and capital outlay for the program. This would be used for operational expenses only. CM TURNER MOVED TO APPROVE THE PROGRAM BUDGET FO&~T, AS OUTLINED BY THE CITY MANAGER. MOTION WAS SECONDED BY CM KAMENA. Ray Faltings suggested that the City also include, in the informational package, organizational charts showing individ- ual departments with who reports to whom, and what each indi- vidual's responsibility is. Mr. Faltings was told that he could obtain a copy of the organizational chart from City Hall, but perhaps it could be included in the front of the budget information. CM-34-163 July 11, 1977 RECESS ~1ayor Tirsell called for a brief recess after which the Council meeting resumed with all members of the Council present, with the exception of Cm Staley who is on vacation. P.C. REPORT RE EAST AVENUE FUTURE WIDTH LINES The County is asking the City for 104 ft. width for East Avenue, while the City Planning Commission recommended and the City Council adopted a width of 94 ft. The County representatives are present this evening to discuss this item with the Council. The City met with Supervisor Raymond and representatives from the County with questions such as which properties would be cut back to their porch lines, and if trees in front of the swim club would be destroyed, and how much of the vineyards would be affected. It was noted that the City planned for a l04 ft. right-of-way when development was planned for the north side of East Avenue and there is only a 3 ft. difference on the south side of East Avenue that is being disputed between the City and the County. The right-of-way for the north side of the street takes into account the 104 ft. width, and the new fire station, sidewalks, etc. have been moved back far enough to accommodate a width of 104 ft. Mr. Lee went to the maps on the wall and explained the differences in the 94 ft. right-of-way and the 104 ft. width and the areas that would be affected. He stated that most of the trees would remain with the 104 ft. width and none of the structures would be affected. All of the width will be taken from the north side with a difference of only 3 ft. on the south side between a 94 ft. width and a 104 ft. width, which is the compromise agreed upon by the County. The comment was made that the 104 ft. width would be from Buena Vista on out towards the labs, and that the area closer to town would be a 90 ft. width. Discussion followed concerning the transition from a l04 ft. width to a 90 ft. area for motorists. Russ Bargmann, 5763 East Avenue, stated that he thought the matter had been settled when the Council adopted the 94 ft. right-of-way and now the item is being discussed again. Also, he would like to mention that he sees property is being taken from the south side of the street (in the Vasco area) rather than the north side where there is no development. Then there is a jog near Charlotte and he feels there should never have been a jog in the plans. Mr. Lee explained the reasons for the jog in the plans and addressed the other items mentioned. Mr. Bargmann then expressed concern for the length of the left-turn lanes and medians on East Avenue, as proposed, and Mr. Lee explained why longer medians and left-turn lanes have been planned because of the amount of traffic on East Avenue and the amount of stacking that will occur. Mr. Lee was asked when the project will be completed and Mr. Lee indicated that the City will make funds available at the time the County agrees to participate with their share of the costs. The City has always placed the East Avenue widening high on the priority list but the County has a serious financial problem and they have no plans in their capital projects budget for any immediate or near future construction relative to East Avenue. The City is interested in proceeding with the engineering so that work could proceed if funds were somehow made available to the County. CM-34-164 July ll, 1977 (re East Avenue Future Width Lines) The Council discussed the item and the comment was made that the City really shouldn't encourage vehicle traffic on East Avenue and that the sidewalk along where the vineyards are now located shouldn't be necessary because there will probably be no development in that area. There is a critical need for a good bike lane out East Avenue, however, because there are many school children riding bikes to and from school and people riding bikes who work at the labs. Cm Turner commented that he has lived out in that area for over seven years and he has never seen eight cars trying to make a left turn, and he agrees with Mr. Bargmann that the stacking lanes are too long. He would not be in favor of the 104 ft. width proposed. Mr. Lee commented that East Avenue is the major street and the main link from the City to the labs. The street is going to continue to be more important to the City and the amount of traffic is going to increase whether the City likes it or not, in spite of public transportation that may be provided for employees or people living out in that area. CM KAMENA MOVED TO ADOPT THE WIDTH OF l04 FT. FOR EAST AVENUE, WITH DIRECTION THAT TREES BE SAVED, IF POSSIBLE, AND THAT THE ALIGNMENT OF THE SIDEWALK BE AS SHOWN IN EXHIBIT "A". MOTION SECONDED BY MAYOR TIRSELL. It was noted that the County has indicated that they will not participate unless the City agrees to a width of 104 ft. which is a compromise from their original request for a width of llO ft. If the street is ever to be widened it would be prudent to go ahead with the engineering and accept the 104 ft. width as proposed by the County. It was also mentioned that widening of East Avenue would not be encouraging more traffic for East Avenue but rather accom- modating traffic that is already there and providing safety for those who use the street. MOTION PASSED 3-1 (Cm Turner dissenting) . Jessie Cambra, from Alameda County, stated that widening will probably not take place for about lO years, but resurfacing is planned for East Avenue this year, and as soon as the coopera- tive agreement is adopted the bids will go out for the northerly bike lane. The City Manager was asked to send the two maps to the swim club located on East Avenue, because there has been a lot of confusion on this item. COMMUNICATION FROM S.P. RE CEASE & DESIST ORDER A letter was received from the Southern Pacific Development Co. relative to the City's Cease and Desist Order which was issued in December of 1976. They feel that their project (Livermore Arcade Shopping Center facilities) should be excluded from the cease and desist because they received a building permit in November of 1974 and because they have paid a sewer connection fee for these facilities. Also, the improvements covered by the permit were completed in August of 1975. CM-34-165 July 11, 1977 (re Cease & Desist) They have requested that the City petition the Regional Water Quality Control Board for a determination as to whether or not the Livermore Arcade Shopping Center is excluded from the subject order. CM KAMENA MOVED TO SUPPORT THE REQUEST MADE BY S.P. DEVELOPMENT, SECONDED BY CM DAHLBACKA AND PASSED BY UNANIMOUS VOTE. Mr. Parness added that he will be present at the time the question is asked of the Regional Water Quality Board, and he will testify on their behalf. COW1UNICATION FRm1 BD. OF SUPERVISORS RE SEPTIC TANK FREEZE The City received a copy of a notice to property owners along Lomitas Avenue regarding the County's septic tank freeze, and the requests for exemption. The four requests are additional requests to those granted by the County in November. The Mayor noted that the County is doing a study on septic tanks, and it was the consensus of the Council to request the staff to contact the County to ask that they not permit additional septic tanks in that area until the study is complete. cmUlUNICATION FROM SUPERVISOR COOPER RE LIV. GEN. PLAN The Council received a letter from Supervisor Cooper concerning Livermore's General Plan and development of Las positas, as proposed by a developer. Various questions were asked of the Council and the staff was directed to once again write to Super- visor Cooper with attachment of factual information. COMMUNICATION FROM LEAGUE OF CALIF. CITIES RE GAS TRANS. A letter and recommendation endorsing gas transportation system was received from the League of California Cities task force. Letter noted for filing. cm1MUNICATION RE REC. PLAN OF STUDY A letter was received from the Regional Water Quality Control Board concerning the LAVWMA Reclamation Project and the Livermore plant expansion. The Board feels there should be discussion concerning TDS problems, nitrate problems and potential problems associated with stable organics in an effort to develop a comprehensive groundwater management scheme. Item Noted for filing. CM-34-166 July ll, 1977 COHMUNICATION RE RECLAMATION STUDY A letter was received from Zone 7 concerning action taken by the Zone Board arranging for equal participation by LAVWMA and Zone 7 in the joint grant application to the state for a Group IV Reclamation and Reuse Study. Item noted for filing. COMMUNICATION FROM BD. OF SUPERVISORS RE POLICY RE REDLINING The Council received a copy of the Board of Supervisors' policy concerning redlining, which was noted for filing. COM..1I1UNICAION RE MAY 55 MPH CAMPAIGN A letter showing the results of the Highway Patrol's "May 55 ,MPH Campaign" was submitted to the Council for informational purposes. The Council was thanked for supporting the program. Item noted for filing. COMMUNICATION FROM D.O.T. RE ROUTE 84 A letter was received from the Department of Transportation notifying the City that they have designated the First Street Overpass as part of the location of State Highway 84, and they have adopted a resolution changing location for a section of the highway to include this new portion. Item noted for filing. REPORT FROM INDUS. ADVIS. BD. RE DEVELOPMENT FEES The Industrial Advisory Committee has reviewed the discussion of the Council concerning development fees, as well as a report from the Public Works Director. They would like to recommend that the fee be established on a per fixture basis rather than a block fee for commercial and industrial developments, at $169 per fixture connection. They would also recommend that the water storage fee be eliminated and the cost of water storage and related facilities be financed by revenue generated within the adopted rate structure in conformance with customary utility practice. Discussion followed concerning Alternatives 2 and 3 which were explained by Mr. Lee and in answer to questions by the Council he indicated that he cannot estimate the number of connections that would be required for a builder, it would depend on the use and the size of the buildings. The Council examined hypothetical situations with the Director of Public Works, and the Director of Community Development, in determining which method would be appropriate and in comparing the new proposed fee structure with the present ordinance. CM-34-167 July ll, 1977 (re Development Fees) ~1r. Gorland commented that for commercial and industrial purposes, the recommendation by the Board was $l69, which would make connection equitable, regardless of the number of connections per unit. Chuck Hartwig, reoresenting the Industrial Advisory Board, noted that they did have some concern with the fact that some development may have only two connections and it would be unfair to charge them on the basis that they may have 4-8 connections and also a lot of the sewer connections may not have a high volume effluent. Also, the strength of the effluent should be taken into account. The basis for the argument relative to the recommendations of the sewer connection fee was equity. They wanted industrial users to be charged just as much as the homeowners, because at present the home owner has essentially 8 fixtures to connect. The average charge is $l350, or roughly $l69 per fixture. There is no reason to penalize a small establishment by using Category A which would require a bulk charge. They believe the charge should be per fixture, on the basis of what the charge per fixture is for the average homeowner; hence, the recommendation $169/fixture and elimination of Category A. CM DAHLBACKA MOVED TO ADOPT THE RECOMMENDATION TO CHARGE $l69 PER FIXTURE FOR INDUSTRIAL/COW1ERCIAL, ELIMINATING THE ALTERNATIVES. MOTION SECONDED BY CM TURNER. Discussion followed concerning the equity involved with the motion to charge a flat rate per fixture and Mr. Lee indicated that it is impossible to be absolutely fair because using a residential unit for example, one home may have a family of 8 using sewage facilities and paying the same rate as the family of 2 using sewage facilities. The same is true for industry. It was noted that this is a fee that will be reviewed on an annual basis with increases as the Construction Index rises. MOTION PASSED BY UNANIMOUS VOTE. The Council moved to discussion of the water storage fee and Mr. Lee noted that there is not an adequate relationship in the amount of water used and the storage fee that should be charged in the report from the Industrial Advisory Committee. The amount of storage needed is related to consumption and fire protection. After consumption needs have been met during periods of high volume use, there has to be sufficient reserve for fire protection. A lot of the needs are based on the size of the building because of the amount of square footage that has to be protected. The staff has based its recommendations on the size or area and he feels this cannot be ignored. The formula was changed from l300 sq. ft. to an equivalent residential storage fee, to 2200, which was a 60% reduction. In the situation of a warehouse, a tremendous amount of water may be obligated for storage to fight a fire, and yet the water usage may be very little. It was suggested that perhaps the City could charge industry a water storage fee, up front, that reflects fire fighting capability only and then a user fee based on consumption later. Mr. Lee stated that this is really what the storage fee does but the comment was made that this is true but it is up front fees. Mr. Lee stated that this is one reason the fee was allowed to be paid over an extended period of time, and he felt there really couldn't be two separate fees. Mr. Gorland stated that ~1r. Lee discussed this item with the Industrial Advisory Board but not one member felt the water storage for fire capabilities was significant in comparison to day-to-day water needs. This is the reason the recommenda- tion was to base the fee on the need rather than fire fighting capabilities. CM-34-168 July ll, 1977 (re Development Fees) Mayor Tirsell stated that she can appreciate the position of the Board but also understands ~1r. Lee's concerns, and MOVED TO ESTABLISH A FRONT END FEE FOR THE WATER STORAGE FEE TO BE CALCULATED BY MR. LEE, WITH A USER FEE ON CONSUHPTION. MOTION SECONDED BY CM KN1ENA. Cm Turner indicated that he is concerned about the motion because there are no figures and Mayor Tirsell indicated that Mr. Lee will bring figures back to the Council so the Council can see what this would look like. The motion is a motion of direction, and the water storage fee would not be adopted this evening. Chuck Hartwig stated that he was not present at the Board meeting during which this item was voted on, so he would have to say that the four members who voted did not agree with Mr. Lee but in speaking for himself he sees merit in what Mr. Lee is suggesting. Also, the recommendation is a two part proposal in which they have also suggested that the fee be collected in the form of a surcharge rather than the three year deferred payment which was approved in February. The suggestion was made that perhaps the front end fee could be the small fee for the fire fighting capabilities, with the user charge on a surcharge over a period of 60 months. Mr. Lee then explained the way in which the calculations are made and noted that two days of peak consumption are provided for. If something happens and half of this storage is used, the other half would need to be saved for fire fight- ing purposes. The City Attorney commented that the City could have a contract for the payment of a deferred fee that could be recorded and the obligation would run with the land and obligate any succes- sor and interest to pay it, but if there was a default the City would have to go to court to establish the obligation for later foreclosure. A lien, on the other hand, is self-executing. Mr. Lee stated that he would be in favor of the extension of the payments, for 60 months, as recommended. This would reduce the up front fee and the City would get the money eventually. MOTION PASSED BY UNANIMOUS VOTE. The Council will discuss the item again after Mr. Lee has had time to prepare the information, as requested by the Council. CONTINUED DISCUSSION RE COUNTY HEARING RE QUARRY REGULATIONS The Council received a copy of the quarry regulations and comments from the Planning Commission relative to this item. It was the consensus of the Council to direct the staff to send a letter to the Board of Supervisors showing the concerns expressed by the Planning Commission, supporting the ordinance, and enumerating the changes so they wouldn't be pulled at a future date. CM-34-l69 July 11, 1977 DISCUSSION RE COUNTY REFERRAL - LONE STAR ASPHALT BATCH PLANT APP. CM DAHLBACKA MOVED TO ADOPT THE PLANNING CO~~ISSION'S RECOMMENDATION AND TO NOTE THAT AN EIR HAS NOT BEEN PREPARED RELATIVE TO THE REQUEST BY LONE STAR INDUSTRIES, INC., TO MODIFY A QUARRY PERMIT TO CONSTRUCT AN ASPHALT BATCH PLANT, TO BE TRANSMITTED TO THE COUNTY. It was noted that the Planning Commission has recommended denial of the application but the recommendation is not substantiated by findings. It was noted that in light of not having sufficient information because an EIR "Jas not prepared, the Planning Commission could not make a recommendation to approve the application. The only choice, therefore, was to recommend denial. HOTION RESTATED TO READ THAT THE CITY COUNCIL RECOMMENDS WITHHOLDING APPROVAL OF THE SUBJECT APPLICATION UNTIL APPROPRIATE INFOR~TION HAS BEEN SUPPLIED, INCLUDING AN EIR. MOTION SECONDED BY CH TURNER AND PASSED BY UNANIMOUS VOTE. P.C. REPORT RE LOUNSBURY APP. - PORTOLA COMMERCIAL ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE CITY COUNCIL ADOPTED THE RECO~1ENDATION OF THE PLANNING COr~1ISSION TO DENY THE COUNTY REFERRAL REZONING REQUEST BY E. LOUNSBURY FROM H-l TO C-2 DISTRICT, AT 1747 PORTOLA AVENUE, BASED ON FINDINGS AS LISTED BELOW: 1. The proposed use does not conform to the City's General Plan. 2. The proposed use is in conflict with Resolution 86-75, which does not favor additional commercial development along portola Avenue. MOTION PASSED BY UNANIMOUS VOTE. Mr. Nies commented that just this afternoon he received a call from the County with an inquiry as to whether or not the City would favor annexation of that area, and if so, what type of land use would be favored? He told them that the City would follow the General Plan which shows residential development. The Council indicated that this is correct and that one sewer connection would be allowed for the site if it remained in the County, which was followed by an explanation by the City Attorney. Mr. Reiners noted that it is one lot of record, but outside the City as of the date of the resolution. Modifications to the resolution were made only for industrial/commercial; therefore, for residential he would say that even one connection would not be allowed. It was then mentioned that when the County approved the applica- tion for development of the grocery store, the City had recommended denial. The County then indicated that if there were to be more commercial development or expansion of the use, they would have to connect to the City's sewage system. Discussion followed as to whether the City would be obligated to allow connection since it is a commercial use and already exists and the City Attorney felt that the City could allow CM-34-170 July ll, 1977 (re Portola Commercial) connection under the City's policy, but the Council should keep in mind that this was a use permitted by the County in the face of the Council's opposition. The City Attorney commented that the City could allow a sewer connection for the residential dwelling, as an existing lot of record connection, and the connection to the business could be the exception connection, based on the fact it is commercial. COUNTY REFERRAL RE LOT SPLIT - SOUTHFRONT RD. The County received an application for a lot split on 4.4 acres located on South front Road, by Allen N. Greeno. The matter was reviewed by the City Planning Commission who recommends approval, subject to connection to City sewer at the time future commercial or industrial development occurs on either lot or at such time there is any substantial increase in sewer discharge. ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, THE PLANNING CO~1ISSION RECOMMENDATION WAS ADOPTED. P.H. SET RE PROPOSED ZOo ORD. AMEND. RE REZONING OF EAST AVE. PROPERTY ON MOTION OF C~1 TURNER, SECONDED BY CH DAHLBACKA, AND BY UNANIMOUS VOTE, THE PUBLIC HEARING CONCERNING THE PROPOSED REZONING OF PROPERTY LOCATED BETWEEN 2785 AND 2875 EAST AVENUE WAS SET FOR PUBLIC HEARING ON AUGUST 22, 1977. ~.C. MINUTES - 6/21/77 Minutes for the Planning Commission meeting of June 21, 1977, were noted for filing. REPORT RE RESURFAC- ING PROJECTS ON r10TION OF CH KAMENA, SECONDED BY C!-1 DAHLBACKA, AND BY UNANIMOUS VOTE, THE COUNCIL AUTHORIZED THE SOLICITATION OF BIDS FOR FIVE RESURFACING PROJECTS ON MURRIETA BOULEVARD, EL CAMINITO, RINCON AVENUE, AND OLIVINA AVENUE, AS OUTLINED IN THE REPORT FROM THE DIRECTOR OF PUBLIC WORKS. CONSENT CALENDAR Appointment Res. The Council adopted resolutions of appointments, as follows: RESOLUTION NO. 143-77 A RESOLUTION FOR APPOINTMENT TO THE BOARD OF DIRECTORS OF THE HOUSING AUTHORITY (James W. Lyle) RESOLUTION NO. l44-77 A RESOLUTION APPOINTING FOUR ADDITIONAL VOTING MEMBERS TO THE SOCIAL CONCERNS COMMITTEE. CM-34-l71 July ll, 1977 (Appointments) RESOLUTION NO. 145-77 A RESOLUTION FOR APPOINTHENT TO THE BEAU- TIFICATION CO~1ITTEE (Ann Speis) RESOLUTION NO. 146-77 A RESOLUTION FOR APPOINTMENT TO THE ENERGY CONSERVATION COMHITTEE (Rita Morris) RESOLUTION NO. l47-77 A RESOLUTION APPOINTING A RECYCLING TASK FORCE. Res. re Merchants Parking Lot The Council adopted a resolution authorizing appraisal of the Merchants Parking Lot. RESOLUTION NO. 148-77 A RESOLUTION AUTHORIZING APPRAISAL OF REAL PROPERTY (r1erchants Parking Lot) Report re Volunteers A report was received from the City's Administrative Intern concern- ing the number of volunteers who have been requested from various departments, which have been filled. Payroll & Claims 6/27/77, 6/30/77; 7/5/77; 7/6/77; 7/15/77 There were 317 payroll warrants in the amount of $ll2,959.27, dated 6/27/77 and approved by the City Manager. A payroll transfer in the amount of $5,249.34, dated 6/30/77, was approved by the City Manager. There were 19 claims in the amount of $6,2l3.83, dated 7/5/77, and approved by the City Manager. There were 50 claims in the amount of $9l,040.74, dated 7/6/77, and approved by the City ~anager. Warrants under the Hangar Facility Loan Account with Valley Bank, totaling $35,333.l4, dated 7/15/77, were approved by the City Hanager. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM TURNER, SECONDED BY CH DAHLBACKA, AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. CM-34-172 July ll, 1977 MATTERS INITIATED BY THE COUNCIL (League Meeting) The League of California Cities quarterly meeting will take place on July 23rd, in Martinez, and Cm Turner invited members of the Council to attend. (Maple Street Reconstruction) Cm Kamena stated that he has received telephone calls from people who are concerned about the length of time it will take to resurface the Maple Street area, and particularly a concern among the merchants located on that street. There is a sign posted which reads "Street Closed" and in small print it indicates that local traffic is permitted. It might be helpful if local people could know that it is alright to go to the businesses on that street. Mr. Lee stated that he has also received telephone calls con- cerning this problem and the staff has agreed that the businesses may suffer because of the sign so they are going to erect a sign indicating that the road is under construction or something of this nature. The "street closed" sign has been covered and the City will put up another sign which will also list the businesses located on that street. It was suggested that rather than giving the name of each business, there could be a sign reading, "All Businesses Open". The people who frequent the area will know which businesses are located in that area. It was the consensus of the Council that if the businesses have agreed to what has been suggested by the City, perhaps it would be best to follow through on what has been proposed by the Director of Public Works. (re Emergency Plan) Cm Dahlbacka asked if the emergency plan that is being prepared by the Emergency Services Office is ready and Mr. Parness indicated that it will be finished soon and can be presented to the Council next week if this would be satisfactory with Cm Dahlbacka. Cm Dahlbacka indicated that next week would be fine and he would like to serve as the public information officer during the drill exercise. (Illegal Signs) Mayor Tirsell asked that the Council support the request for the Police Department to remove signs in the public right-of-way, such as the real estate signs. The signs are out-of-town signs and there has been a proliferation of the signs and the matter is getting out of hand. Council concurred. (EBDA Contract) Hayor Tirsell noted that the LAvwr-m Board referred the EBDA Con- tract to the Council for discussion and this should be placed on an agenda in the near future. CM-34-173 July ll, 1977 (Golf Course) Mayor Tirsell stated that she spoke with someone who feels the greens cannot be revived and that the City is not using the information received from Davis. Mr. Lee explained that this is not the case. The City has recently rebuilt the 13th green and it is beautiful. The Greens Committee toured the green and were impressed. This rebuilding was done with the information from Davis. CITY MANAGER WEEKLY REPORT East Avenue The East Avenue and Fourth Street restriping has been completed, which is a part of the rechannelization effort for the intersec- tion. Golf Course Reconstruction of the 6th green at the golf course has been completed, and seeding will take place soon. This was an item that was budgeted for and is being done for a little less than was expected. It may be possible to improve at least a part of another green. The Greens Committee invited the Las positas Mens Club to take a tour of the reconstructed greens, and they were very impressed with the results and explanation of the problems the City faces concerning the greens. The City has completed the recruiting campaign for the Springtown Golf Pro, qualified applicants were interviewed, and a selection was made by unanimous approval of the interviewing group. The reference check has been made, the contract is in final stages, and Hr. Parness ""ill meet 'vi th him on Wednesday to agree on terms and conditions. Insurance There are several problems on the rise relative to unemployment insurance coverage and a City representative has attended several seminars concerning this item. This requirement is being challenged in court but in the meantime cities must prepare for implementation of this type of insurance beginning January 1, 1978. Recycling The Recycling Task Force will be meeting for the first time tomorrow, July 12th. City Administration Building Architectural matters for the City Administration Building are being discussed with the staff because of financial problems ,,,hich are re- quiring modifications to the original plans. CH-34-l74 July ll, 1977 Ancestral Tree Survey The Ancestral Tree Survey is about 50 percent complete. Members of the Beautification Committee and the Parks and Trees Superinten- dent are working on the survey as time allows. Industrial Inquiries The number of inquiries relative to industrial development have been noticeable over the last week. Disaster Drill A disaster drill is being scheduled for July 27th, and ~Jalley Memorial Hospital and the Fire Department will take part in the drill. The drill is a necessary feature of the City's Emergency Services and will be conducted at the Recreation Center. The drill will be a simulated bus disaster for the purpose of testing the capabilities of VMH to care for the sudden influx of injured people. Police Department Members of the Police Department visited a rock concert held in Concord, to observe crowd control measures being applied. Conflict of Interest Code The City Attorney's 'Office is working on the Conflict of Inter- est Code, which is a mandate from the state and will be avail- able for the Council in two or three weeks. ADJOURNMENT There being no further business to come before the Council, :::::~irse11 adj~ meeting at 11:55 p.m. ATTEST J0I ~O - Mayor City Clerk livermore, California cr1-34-l75 Regular ~eeting of July l8, 1977 A regular meeting of the Livermore City Council was held on July l8, 1977, 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 Dahlbacka, Turner, Staley and Mayor Tirsell Absent: Cm Kamena (Seated After Roll Call) PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. OPEN FORm.'! No comments were offered during the Open Forum. 01 KAMENA WAS SEATED AT THIS TIME. PUBLIC HEARING RE BUSINESS LICENSE SURCHARGE - PARKING A public hearing has been scheduled for the purpose of rece1v1ng testimony from merchants concerning the payment of a surcharge for the cost of leasing property for public off-street parking, which is collected on an annual basis with the business license tax. The parking facility, known as the Merchants' Parking Lot, has been under lease by the City for 10 years and will expire in September of 1977. The lease rate during the 10 years has remained at $600 per month which was increased to $662 because of escalating tax costs. The staff is in the process of negotiating a lease rate for an extended lease term from September 1977 until July 3l, 1980. A petition has been presented by the merchants who wish to withdraw from the Parking District, comprised of 57 signatures representing 36 businesses. It is recommended that at the close of the public hearing the Council adopt an ordinance (Item 7.1) confirming the surcharge for this facility for the new fiscal year. ~layor Tirsell opened the public hearing after explaining that the County does participate in the total cost for the parking lot and their fee has been increased because of the addition of a court room. Mr. Parness reported on the history of the parking lot and added that the owner of the parking lot is asking for an increase in the rental rate, up to $l,368/month. This was reported to the Council as well as a report as to what would have to be collected on the business license surcharge to accrue sufficient funds to meet this charge. The matter was referred to the City Manager so that negotiations could be made with the owner. Prior to discussing this matter with the owner Mr. Parness gathered infor- mation relative to land values and concluded that a reasonable rental fee would be $820/month. In discussing the matter with the owner, the owner agreed that the fee suggested by Mr. Parness, plus the added tax rate, would be acceptable. cr~-34-176 July 18, 1977 (re Parking Lot) Mr. Parness noted that the affect of the negotiated lease cost would result in a reduction for the Zone I merchants from l34% to l32% of their business license tax. Zone II merchants would receive an increase from 58% to 65% of their business license tax. Mr. Parness reported that the parking lot is generally occupied to 90% capacity and sometimes it is full. Many people who use the court facilities park in the lot and a number of people who use the Beauty College park for as long as 2-l/2 hours. Some of the merchants have expressed concern over this but it is not possible to single out a business and charge them a higher fee, but limited parking could be posted, restricting the length of time a person could park in the lot. In answer to questions posed by the Council, the City Manager noted that the court facilities now pay l8% of the cost for the parking lot and under the new formula they will continue to pay l8% which is the reported usage. It was mentioned that the court employs about 50 people and that probably 40 of them park in the lot each day. In addition, attorneys and people going to court use the parking lot. It would seem that l8% is not a reasonable figure, even though a survey of parking lot patrons was conducted two years ago show- ing 18% usage by the court. Discussion followed concerning court usage and it was mentioned that prior to the survey the court was paying l8% but after the survey they were asked to pay about 38% of the cost, and Mr. Parness indicated that he believes 38% is more accurate. Dom Saccullo, 577 Ontario, stated that he did sign the petition asking to withdraw from the Parking District but he would like to request that if the lease is signed for the $820/month, that there be a complete re-examination of the amount of usage genera- ted by the court offices, with the survey taking place early in the morning when the BART people park in the lot. He stated that he is sure the court usage is more like 60% and he is surprised that BART pays nothing towards the cost of the lease. Mel Luna, 2190 First Street, stated that he circulated the petition asking to withdraw from the Parking District because their concern is not with the cost but rather the use by their customers. Those who have signed the petition feel they do not benefit from the lot. He did a survey of the customers he serves and discovered that not one person used the lot in a month. Ten years ago when the City began leasing the lot the court was not there and the Beauty College was not there. Things have changed, and the businessman cannot afford to pay for the lot. Ken Waltzer, 172 South "J", stated that he is starting a busi- ness at this address and he did not have an opportity to sign the petition. If he had been offered the opportunity he would have signed. He is distressed to see that those who would bene- fit the most from the lease (merchants on the north side of First Street) would receive a reduction in the amount they will pay while the other merchants will receive an increase. He would suggest that those who use the lot pay for it. Melvin Kirby, 5376 Scenic Avenue, stated that none of his customers use that lot and he feels that if the county people use the lot they should buy it for their use. CM-34-l77 July l8, 1977 (re Parking Lot) Hr. Kirby felt that if there is a surcharge it should be exactly the same for everyone rather than a difference from Zone I to Zone II merchants. Charlie Brown, 2157 First Street, wondered how the City Hanager arrived at the decision to increase the southside merchants' fee while decreasing the northside. ~"1r. Parness explained that this has to do with the number of businesses located on each side, and that they change every year. i1r. BrovTn stated that his office has been located on ",T" Street and in that area for the past 10 years and during that time he has never had a client park in the Merchants' Parking Lot. He rents a lot, along with the veterinarian on First Street, so his clients will have a space in which to park. He is already paying for additional parking and has no need of the municipal lot. He had to ask a City employee not to use the lot because his lot was more convenient than the municipal lot, for that employee. He feels the surcharge is a completely unfair tax for those who have no use for the lot. Gurnam Sidhu, 1533 Vancouver Way, stated that his wife runs a business and will be locating on the north side of First Street. 11any of the small businesses do not make money and many of them have been forced to go out of business. He feels that a medium business can handle the surcharge but the small businesses just cannot afford the surcharge. Downtown parking is essential but he would suggest that those who use the service should pay for it. He would suggest that the City implement a fee lot with validation tickets. This would be one way of determining which of the businesses are using the lot. Martin Plone, 2127 First Street, wondered what Mr. Regan proposes to do with the lot in the event the City declines to renew the lease, and Mr. Parness indicated that Mr. Regan does have a commercial development plan in mind for the entire area. Dr. Plone then indicated that he really does not like to pay for a lot that he has no use for while the court offices and beauty college are getting most of the use of it. Celia Baker, 541 Bell Avenue, has a small business located on First Street and she would like to say that those who did not sign the petition are out of business. They are located in an area in which a fence separates their businesses from the parking lot, so people cannot get from the lot to these businesses from the back. James Morris, 1590 DeLeon Way, stated that he is speaking on behalf of his wife, Annette Morris, who owns the After Five Shop and Annette's Apparel. They are affected by the parking lot and they would like to make an appeal to retain the parking lot. They can remember the park- ing problems the City had when there was no municipal lot to park in. Parking spaces on First and Second Street, and along "J" and "K" were almost impossible to find and people had to circle the blocks trying to find places to park. Finally people would give up trying to find parking downtown and decided to go elsewhere to shop. This is the reason merchants petitioned the City to provide parking for the downtown merchants which has become a vital part of the First Street operation. The lot may not necessarily serve those patrons of the First Street merchants but the lot does relieve the parking on all the other streets that would otherwise be congested. He can remember the time the parking situation was really a mess and that was before the parking lot was made available. CH-34-178 July l8, 1977 (re Parking Lot) Mr. Morris added that the surcharge can be considered a business expense. In doing a survey of the costs to operate in numerous other shopping centers, he has found that in every case the merchant is charged for parking and it would be far in excess of the fee the First Street merchants are paying for the Merchants' Parking Lot. He added that he is a little embarrassed that their fee will be reduced while those on the south side of the street will be paying an increased amount and he would hope that something could be done about this. He would urge that the City consider means to purchase the lot. Carolyn Waters, 2163 First Street, stated that she has been located on First Street for three years and has never had a customer use the municipal lot. She has tried to encourage her customers to use the municipal lot but they will not use it and she has been renting space from Dairy Queen so that her customers will have parking facilities. She also supports a pay parking lot whereby those who use it can pay for it. In her opinion the parking lot is used mostly by the BART riders and the court offices and she is really unhappy about the surcharge for the parking lot. Dick Christmas, 394 Pearl Drive, stated that when the City re- ceives an increase in rent, it has to be passed on to the customer. In the long run it is the public that is paying for the parking lot. He would suggest that the City purchase the parking lot and then install parking meters so that those who use it can pay for it. Helen Dentici, 820 Adams Avenue, agrees that the parking lot is an absolute necessity but she believes it should be paid for by the people who use it. She added that she cannot believe that parking lots are not profitable, because there are so many pay lots around the Bay Area. County offices could rent a certain section and pay monthly for these spaces and the rest could be pay spaces. Marie Rumberger, 22l Scott Street, stated that she would like to know why Knodt's is the only business on Second Street which pays the parking lot surcharge. She would agree with Mrs. Dentici that pay parking is needed. ~r. Parness indicated that it is very difficult to explain the formation of the benefit district and this question has been asked by representatives of Knodt's on many occassions, and many of the participants of a benefit district can argue over the benefits derived. Knodt's is located on the corner of "K" and since they have access to "K" Street they were included in the benefit district along with the "J" Street merchants. In answer to questions posed by the merchants the City Manager explained that the reason Mr. Regan will lease the property until 1980 is because this in the lengh of time the court offices will be occupied. He does not want to make a commitment for the property beyond that time. The court offices are to be vacated in the summer of 1980. Gail Sidhu, l533 Vancouver, stated that she feels it is pathetic that only "severalll retail customers use the parking lot. The merchants and their customers are being squeezed out of the down- town area by services other than retail services, such as municipal services and real estate services. These uses are taking all the parking. She added that when she looked for a place to rent she found a converted home on Fourth and "L" Streets that had ample parking and would have been perfect, but retail use is not allowed in a modified residential structure. She ended uu on First Street in a building she feels is a death trap, and she is sure most of the buildings on first street have similar disadvantages to those she has encountered. CM-34-l79 ,July 18, 1977 (re Parking Lot) 'lrs. Turner, 156 South ''.J", stated that she is distressed that her surcharge will be increased while the north side merchants will re- ceive a decrease in the charge. She does not use the lot and her customers do not use the lot. She has seen people double park on ",J Il Street, run in to her shop to make a purchase and run back out to the car. People who use her shop will not use the municipal parking lot. Ken Waltzer stated that he feels the only way the item will be resolved is to initiate a parking system in which a ticket can be validated for customers. People who use the parking lot should pay for it. Dale Mueller, 2032 First Street, stated that his customers do not use the lot, he does not use the lot, and he also has made other arrangements for parking for customers. He would encourage the Council to let I"lr. Regan do ,,,hat he wants ,,,ith the lot and if he wants to develop a private parking lot, fine. At present he is paying 134% business license surcharge for the lot and he feels the name of his business should be posted on some of the spaces. BART riders take up about 25 spaces each day for all day parking and he is sure the court facilities use most of the rest of the 90 spaces. Hr. Anderson whose son has a business on First Street, stated that he hopes something can be done about the parking lot because the problems involved with the parking lot have caused him problems. Jerry Wilverding, 4886 Primrose Lane, stated that he attended the budget sessions and it would appear there in no money available to purchase a parking lot, as has been suggested this evening. The City will be implementing a bus system by December, hopefully, and perhaps it should be made less convenient for people to drive and shop. If people can't find parking spaces perhaps they will use the bus to shop. ON MOTION BY CM TURNER, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. RECESS Prior to Council discussion concerning the Merchants' Parking Lot, Mayor Tirsell called for a brief recess after which the meeting resumed with all members of the Council present. DISCUSSION & ORD. RE PARKING LOT SURCHARGE The Council discussed the problems of the parking lot surcharge and the suggestion was made that it might be more equitable to charge every merchant in Livermore a few cents for the parking facilities, rather than having funds come from a District. The philosophy would be that the merchants would be paying for something to benefit the downtown area, as a whole. The fact that the parking lot spaces are being used may mean that spaces on First Street are being freed for people to use. However, the merchants tonight have indicated that they do not want the parking lot at all. The Council then discussed the possibility of a fee lot and it was mentioned that when this possibility was discussed with the owner, two years ago, he violently objected. CM-34-l80 July 18, 1977 (re Parking Lot Surcharge) Mr. Parness indicated that with respect to possible purchase of the lot, the necessary calculations can be made and discussions concerning assessment districts, etc., could be done within six months. Also, it would be reasonable to request some type of contribution by BART; however, there may be very few BART people using the property, possibly two or three. It was noted during Council discussion by one of the Councilmem- bers, that the present method of financing the 9arking lot is inequitable and the City should find some way to save the lot with a fee levied on the users of the lot, as opposed to a continuation of the merchant surcharge. The comment was made that if Knodts is in the district only because they have a delivery door facing "K" Street, they should be exempt. Also, if the County is using more of the parking facilities then they are paying for, perhaps Supervisor Raymond should be contacted if the County doesn't agree to pay their share. The businesses downtown would be in big trouble if the parking lot were eliminated because people would continue to stay in the street parking spaces too long, and other customers wouldn't have spaces in which to park. If the City is to continue with the surcharge the district should be reassessed with merchants further away paying the least. It was then mentioned that the Christmas tree lot next to the court offices is rented for $50/month and therefore the $800/mo. being asked for the municipal lot would seem quite high. Mr. Lee then did a rough calculation of the cost for a paved area, using the airport tie down fees as the basis for his calcula- tions. He felt the value would be approximately $600 per parking space, amortized over the life of the pavement, in- cluding annual maintenance costs. The Council discussed what action should be taken this evening and the City Attorney explained that if no Council action is taken, it will mean that the old ordinance would remain in effect. Adoption of the urgency ordinance would allow an increase in the rates. The City Attorney explained that if the City decides to reject renewal of the lease, the property owner has the right to secure the property in any manner he chooses, subject to City regulations, which might could include fencing of the property resulting in no access to the rear of the buildings on First Street. CM DAHLBACKA MOVED TO TAKE NO ACTION CONCERNING CM DAHLBACKA MOVED TO CONTINUE WITH THE PRESENT TO DIRECT THE STAFF TO PURSUE THE ACQUISITION. FOR DISCUSSION PURPOSES BY CM STALEY. THE ORDINANCE, ORDINANCE AND MOTION SECONDED It was noted that if the motion is adopted and Mr. Regan is not willing to continue with the lease past September of 1980, on the current basis, then the Council has killed the assess- ment district by default instead of by overt action. It was noted that the City, in that case, would have the ability to assign a new assessment district and adopt a new ordinance. The Council could decide to use the old ordinance rates with the possibility that Mr. Regan may cancel the lease; the new lease rate could be authorized but this would mean a 40% in- crease over the next three years, and after that time there is no assurance as to what may be done with the lot by Mr. Regan. CM-34-l81 July 18, 1977 (re Parking Lot Surcharge) The Council also has the option of cancelling the assessment district tonight and try to work out a method of financing. The motion on the floor would mean letting the issue slide another year, and perhaps it should be confronted. If the assessment district is terminated the Council can face the issue. Obviously the merchants are not happy with the surcharge method, because 57 signed a petition asking that they be removed from the Parking District. Mr. Regan has also indi- cated that he is not happy with the system, in the past. C!1 DAHLBACKA INCLUDED IN THE ~,'1AIN ~mTION ON THE NU!1BER AND ~fJHICH PEOPLE ARE USING CONDUCTED ON TUESDAY OR THURSDAY AND ONE TO BEGIN AT 8: 00 A.rL, AND THAT TI'lO-HOUR SIDERED TO ELHUNATE LONG TER"'1 PARKIN~. THAT THERE BE A NEr-J COUNT THE PARKING LOT, TO BE OTHER DAY OF THE WEEK, PARKING SIGNING BE CON'- MOTION SECONDED BY CM STALEY. MAIN HOTION FAILED 2-3 (Cm Stalev, Kamena, and Turner dissenting). C'l STALEY 1'1OVED TO TER~UNATE THE PARKING DISTRICT AND TO DIRECT THE STAFF TO FIND OUT IF IT IS FEASIBLE TO ACQUIRE THE LOT IN A t'1ANNER THAT vlOULD PAY FOR ITSELF OR WITH THE ALTERNATIVE TO RENET.;r THE LEASE ~VITH A DIFFERENT HETHOD OF FINANCING. HOTION SECONDED BY C'1 KAHENA FOR DISCUSSION PURPOSES. The Council then discussed the ramifications of terminating the Parking District and the possibility of continuing the item prior to making a decision to terminate, in an effort to find means of financing purchase of the parking lot. HOTION FAILED 2-3 (Cm Dahlbacka, Turner and Hayor Tirsell dissenting). CM TURNER MOVED TO DIRECT THE CITY MANAGER TO NEGOTIATE WITH MR. REGAN WITH A ONE YEAR LEASE AT THE RATES LISTED IN HIS LETTER OF 7/l8/77; A TWO YEAR OPTION, TO BE FINANCED THROUGH THE CURRENT PARKING DISTRICT; AND TO REQUEST THAT THE COUNTY CONTRIBUTE A LARGER PERCENTAGE THAN THE CURRENT 38% CONTRIBUTION. DURING THE ONE YEAR PERIOD THE CITY ~VILL NEGOTIATE FOR PURCHASE OF THE PARKING LOT. MOTION FAILED FOR LACK OF A SECOND. CM TURNER MOVED TO CONTINUE THE ITEM FOR TWO WEEKS WITH DIRECTION TO THE CITY MANAGER TO EXPRESS THE CONCERNS OF THE MERCHANTS AND THE COUNCILMEMBERS RELATIVE TO THE LEASE RATE INCREASE TO MR. REGAN, DURING THIS TIHE. MOTION SECONDED BY 01 DAHLBACKA. MOTION WITHDRA~VN. CH TURNER MOVED TO CONTINUE THE ITEM FOR ONE WEEK WITH DIRECTION TO THE CITY MANAGER TO EXPRESS THE CONCERNS OF THE T-mRCHANTS AND THE COUNCILMEMBERS RELATIVE TO THE LEASE RATE INCREASE TO r1R. REGAN DURING THIS TIME. MOTION SECONDED BY CM DAHLBACKA AND PASSED BY UNAND10US VOTE. CHANGE IN AGENDA ORDER ON MOTION OF C~1 DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COUNCIL RULES WERE SUSPENDED TO ALLOW CHANGE IN THE ORDER OF AGENDA ITEMS. REPORT RE HOHE OCC. PERMIT APPEAL (Suttora) The Planning Commission has denied the application made by Ronald Suttora to allow public film processing in conjunction with a home occupation, at 839 Sunset Drive. ~1r. Suttora is appealing the decision. CH-34-l82 July 18, 1977 (re Home Occupation Permit Appeal - Suttora) Mr. Nies commented that the Planning Commission's recommendation was based on the question of whether or not film processing for the public would be appropriate for a home occupation, and the P.C. felt it would not be appropriate. Mr. Suttora, 839 Sunset Drive, stated that his film processing is a very small business with everything done by hand and no machinery involved. He does have a full-time job with Lockheed and he teaches school three nights a week in Livermore. He doesn't have anyone employed by him and people do not come to his home for film processing. He felt that this was one of the concerns of the P.C. in that there would be outward signs of business being conducted at that address. He is engaged in mail order film developing and the envelopes arrive at his home or at school. ~1r. Nies was asked if the City has received complaints concerning the business, and Mr. Nies indicated that there have been no com- plaints. CM TURNER MOVED TO SUPPORT THE RECOMMENDATION ~1ADE BY THE P.C. TO DENY THE APPLICATION, SECONDED BY CM STALEY. Concern was expressed over the use of chemicals for this type of work and that the chemicals are going into the City's sewer system from a residence and the question raised as to whether or not this type of thing should be allowed only in business areas where there could be monitoring of the effluent. Mr. Lee indicated that generally an acid type of chemical is used for film developing but it would depend on whether or not color processing is done and could be detrimental if there were sufficient volumes discharged. Mr. Suttora explained that the chemicals are disolved and he replenishes them. There is not a lot of flushing of chemicals into the sewer system. The comment was made that the business has been in existance for five years but it is a service that is competing with the same type of service offered downtown where rent is being paid. Mr. Suttora noted that he does not offer any service that Fotomat offers. He believes his service is a craft and not a commercial type of thing. When he makes a print for someone it is to be used as an exhibit at the fair, etc. The processing he does is for competition and not processing of snap shots. He does custom processing with touch up finishing. The Councilmembers observed that this is not really an applica- tion for film processing but rather printing. MOTION WITHDRAWN. ~)ON MOTION OF CM TURNER, SECONDED BY CM KAMENA, AND BY UNANIMOUS , TE THE HOME OCCUPATION APPLICATION WAS APPROVED ON THE SASIS C~8tO~ printing and don~ on a Dolootivo banis, ~Rd 3) it iG Rot dioruptivo to tho Rorm~l atmoophoro of the noi~hborhood. Resolution will appear as a Consent Calendar item. CM-34-183 July 18, 1977 COHT'mNICATION RE SOLID WASTE ~1ANAGEr,mNT PLAN The Council received a letter from Albert A. ~1arino, from the State Solid Waste i1anagement Board, informing the Council of the adoption of the Alameda County Solid Waste ~1anagement Plan, except for the mid and long-term facilities plan which is to be submitted by June 30, 1978. Letter noted for filing. cm1r,mNICATION FROM, PUC RE MARIN AVIATION A letter of response was received from the PUC re the discontinuation of service to the Livermore ~"1:unicipal Airport by ~1arin Aviation. The PUC does not have the authority to require continuance of service to Livermore and complaints concerning poor and unreliable service to Livermore are under investigation. Letter noted for filing. REPORT RE WATER SERVo AGREEMENT POLICY The Council postponed discussion of the Water Service Agreement Policy for one week. REPORT RE PARK & TRAIL ACQUISITION PRIORITIES The Council received a report of the park and trail acquisition pri- orities, as was discussed during the budget sessions. Noted for filing, with the request that the staff prepare a follow-up report on the parcels not included in the Capital Improvements Program, showing an estimate of when they may be acquired and the cost, for later discussion. REPORT RE CITY PARTICIPA- TION IN COMMUNITY ORGANI- ZATION SPONSORED EVENTS The proposed draft of City Participation in Community Organized- Sponsored Events, was postooned for two weeks. REPORT RE CRITICAL ISSUES SEMINAR The City Manager reported that in the interest of community relations it is proposed that the City sponsor a half day meeting for the atten- dance of those citizens who are engaged in real estate, land develop- ment and insurance business pursuits. Any member of the public and the business community would be welcome to attend. The seminar would be co-sponsored by the School District and LARPD to explain current pro- jects and issues of major public interest. The Councilmembers unanimously supported this concept and asked that they be notified of the first scheduled seminar. CH-34-l84 July l8, 1977 REPORT RE EAST AVE. BIKE PATH The Director of Public Works reported that the County has agreed to contribute $62,100 for the capital cost of a bicycle path on East Avenue. It is unlikely that the City will have to contribute anything but $7,000 has been budgeted for the project which would be more than adequate. It is recommended that the Council adopt a resolution authorizing execution of agreement. ON MOTION OF CM KAMENA, SECONDED BY CM TURNER, AND BY UNANIMOUS VOTE, THE RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WAS ADOPTED. RESOLUTION NO. 149-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (County of Alameda) P.C. Action Agenda 7/l2/77 The Planning Department Action Agenda from the meeting of July l2, 1977, was noted for filing. REPORT RE EBDA- LA~m AGREEMENT The Council received a draft of a proposed agreement between EBDA and LAVWMA, and representatives of LA~1A are to make comments prior to July 28. ON MOTION OF cr1 TURNER, SECONDED BY CH KAHENA, AND BY UNANIHOUS VOTE, THE COUNCIL ACCEPTED THE EBDA AGREEMENT. Concerns were expressed as to the figure given for peak flow reserve during wet weather and the possibility that the figure given would be inconsistent with the existing joint powers agreement. The Council also expressed concern for selling capacity and reserve and the City Attorney commented that he believes the wording, "Agency may sell...etc.", is inconsistent with the JPA. As he recalls the wording in the JPA is that no member within the agency may sell. He noted that if the Council agrees with the substance of the agreement he can correct some of the technical language for adoption next week. Pleasanton will go along with technical changes. CONSENT CALENDAR Res. Awarding Bid The Council adopted a resolution awarding a bid for aluminum sulfate, to Allied Chemical the low bidder, for aluminum sul- fate requirements for the Water Reclamation Plant. RESOLUTION NO. 150-77 A RESOLUTION AWARDING BID (Allied Chemical) Report re Quarterly project Status Reports The City Manager submitted a volume of departmental Project Status Reports and asked that the Council reserve one hour during a future meeting for discussion of the projects. Council agreed to the one hour request. CM-34-l85 July 18, 1977 Report re CETA Title VI Contract .~endment The City Manager reported that a contractual amendment is required for the second round of CETA Title VI funding, authorizing 20 positions for the period June 1, through November 30, 1977. RESOLUTION NO. l51-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (County of Alameda: CETA Program) Payroll & Claims There were 72 claims in the amount of $179,362.43, and 306 payroll claims in the amount of $114,309.16, for a total of $293,671.59, dated July 14, 1977, and approved by the City Manager. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM TURNER, SECONDED BY 01 KAHENA, AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. MATTERS INITIATED BY THE COUNCIL (Ozzie Davis Sign) Mr. Nies, the Planning Director, reported that the Planning Commission approved the Ozzie Davis sign. The roof sign was allowed with a CUP and this is what was approved. The P.C. denied the variance to go beyond the allowed 33 sq. ft. (Lounsbury App. - Portola) Mr. Nies reported that the Alameda County Planning Commission denied the application made by !1r. Lounsbury for rezoning from H-l to C-2 District, for property located at 1747 Portola Avenue. The Council had recommended that the application be denied. (Personnel Hearing) The City Clerk announced that the personnel hearing which had been scheduled for tomorrow night has been cancelled and the Council will not be attending a meeting. (Recall Petitions - City Council) The City Clerk reported that the first section of the recall petition was filed on July lst, and the second section on July 15th. The total count '",as 1,054 Cm Dahlbacka; l,04l Cm Kamena; l,013 Cm Staley; 1,154 r1ayor Tirsell i and ~ Cm Turner. 'rotal number received vlas well below the number req&i~~~ for recall and the petition has been deemed insufficient. The City Clerk ~lill take no further action. \>- I, CJ;? tJA' Altl~-c/i' i Oct;; (]J-->'!/~ on~10TION OF r.fAYOR TIRSELL, SECONDED B'if C!1 TURNER, AND BY UNANP10US VOTE, THE REPORT RELATIVE TO RECALL PETITlm~S l1AS :NOTED FOR FILING. C~1-34-l86 July 18, 1977 (Labor Negotiations) The City t1anager asked that the Council adjourn the meeting to an executive session, as requested by the City Attorney, and then to an executive session at 7:30 p.m. on Honday, July 25th to continue labor negotiations. ~ffiTTERS INITIATED BY THE COUNCIL (Camp Parks) Cm Turner stated that representatives from LAVW~~ met to discuss the 15 acres at Camp Parks, and came to an agreement. (Greenville Swim Club) Cm Turner stated that he has observed that the Greenville Swim Club is looking worse and worse. Hr. Reiners offered to prepare a report outlining the options available to the City concerning the Greenville Swim Club. However, the City is somewhat limited as to what action can be taken unless money is spent to remove the unsafe features. (So. Livermore Ave.) Cm Turner stated that the street surface on South Livermore Avenue was recently painted to show left turn lanes, etc. He has observed that the painted surface showing Fourth Street only lane, from East Avenue, cannot be seen after about three cars have stacked in that lane. He suggested that this wording be painted further from that intersection so that motorists can see it. Also, the left turn lanes on South Livermore are not identified in time to get into the lane to make the left turn. The arrow is painted up near the turning area and either you are in the left turn lane and do not want to turn left or you can't see it in time to make the left turn. (Maple Street Resurfacing) Cm Kamena stated that he would like to thank Mr. Lee for his rapid response in helping to alleviate the concerns of the merchants on Maple Street, during the Maple Street resurfacing, by adding a sign showing the merchants listed on that street and helping inform people that the street was open to those who wanted to shop on that street. Cm Turner stated that the entrance on First Street is very well marked, but he was disappointed that there was not a similar sign at the East Avenue entrance, and at Fourth and Maple. CM-34-l87 July 18, 1977 (re Maple Street Resurfacing Project) Cm Turner stated that prior to construction of Maple Street the staff was asked if they had made sure that the least amount of disruption to business would take place, and they indicated that there would be very little disruption. The staff was asked to change the signs on Fourth Street and East Avenue, at ~1aple Street. (Fire Department - ",Jaws of Life") Cm Turner stated that he watched a demonstration of the "jaws of life" recently acquired by the Livermore Fire Department and he was very impressed with the ability of the equipment. A door was removed from a car in about 15 seconds. (Curbside Hail) Cm Turner stated that someone from the Headows area contacted him to say that in order to get mail delivery in that area people must have cluster mailboxes and they must be behind the sidewalk. r1r. Lee explained that the post office has different policies for delivery for different areas and he is not sure what the policy is for that particular area. (Ozzie Davis Sign) Cm Kamena stated that he read in the minutes of July 12th, that the Ozzie Davis sign was approved and the square footage is listed as 49 sq. ft. Hr. Nies commented that this was a typo and should have read 33 sq. ft. (Airport Building) Cm Dahlbacka noted that the eaves of the administration buildi~g at the airport were constructed of interior wallboard and they are crumbling. He wondered if there is any way the City could recover the expenses on that because it would appear that the plans calling for this material were overlooked by the City. Hr. Lee stated that as he recalls gypsum board was used and the City has made repairs on them. The material was the same as what was specified by the architect. Normally this type of material is fairly weather resistant, but he will check into the problem. (COVA - Valley Volun- teer Bureau Funding) Cm Kamena stated that the Council approved the expenditure of $3,000 to go to the Valley Volunteer Bureau, but which would be received by COVA and disbursed to the Volunteer Bureau. He wondered why the City hadn't gone ahead and sent the $3,000. CM-34-l88 July 18, 1977 (re Volunteer Bureau Funding) Mr. Parness stated that Betty Meyer from COVA was asked to send some kind of definitive statement as to what would be made avail- able to the City from the Volunteer Bureau, through COVA, for the City's records. Apparently she did not understand what the City wanted and she has asked for a letter from the City explain- ing what is needed. Mr. Parness indicated that he will keep the Council posted on this item. ADJOURNMENT Mayor Tirsell adjourned the meeting at ll:55 p.m. to an executive session to discuss litigation and then to an executive session on July 25th at 7:30 p.m. to discuss labor negotiations. APPROVE ~~~o . Mayor ATTEST City Clerk Livermore, California CM-34-l89 Regular Meeting of July 25, 1977 A regular meeting of the Livermore City Council was held on July 25, 1977, 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, Staley and Mayor Tirsell Absent: Cm Turner (Excused - giving LAVWMA testimony in Pleasanton, was seated later during meeting) PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. MINUTES - 7/11/77 P. 162, first paragraph changed to read as follows: em Dahlbacka asked that the 7~ taken from the Park Land Acquisition Fund be put back into this fund because with increased property values the City will be getting more taxes and it will probably not be necessary to take the money from the Park Land Acquisition Fund for operating expenses. The Council majority did not wish to reconsider at this time. ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF JULY 11, 1977, WERE APPROVED, AS AMENDED. (Cm Staley Abstained due to absence at that meeting.) OPEN FORUM (Maple Street Project) Joe Marver, owner of the Jeanery on Maple Street, stated that he is representing the Maple Street merchants who are very distressed over the filth filtering into the stores and covering the merchandise as a result of the Maple Street resurfacing. The clothing in the Jeanery and the Bridal Shop, the foods from the Cheese and Wine Shop, and everything in the dairy is being covered with brown dirt, and their customers are being greeted by unappealing products. They were told that watering of the street should keep the dust problems to a minimum but unfortunately the watered street creates mud which is brought into the lot by cars and tracked into the businesses by customers. The worst problem is that collectively the merchants are losing several thousands of dollars each week. They would urge paving of Maple between First and Second as soon as possible to help save business. He noted that the area between First and Second Street is the only area on Maple that houses businesses and they would appreciate any help the Council might be able to offer. Mr. Lee explained that the dirt and dust comes from a great deal of traffic on Maple Street and the staff felt that traffic should not be encouraged and this was one of the reasons the signs were not changed at the East Avenue end of Maple Street. The merchants requested a sign change along First Street and the staff was happy to accommodate the merchants. Since last week the other signs have been changed and now there is a lot of traffic on Maple Street. The dust can be controlled by watering but it would not be practical to pave the street ahead of schedule and, in fact, it just cannot be done because the contractor schedules all of this work. CM-34-190 July 25, 1977 (re Maple Street Project) Mr. Lee explained that the storm drain work, concrete work, and everything that has to be done is done at planned intervals, and crews cannot be organized to come in and do only a portion of the project. It is anticipated that the entire project will be completed by the time school begins and the dust problem could probably be reduced by not encouraging through traffic. Mr. Marver stated that he is in the store every day and he dis- agrees that the through traffic is causing the dust problems. H really feels that the wind is responsible for spreading the dust. Mr. Lee stated that frequent watering should really help the dust problems and they will see that this is done. (Sunset Towers) R. Faltings, lOl8 Via Granada, stated that people coming from Sunset Towers are making left turns onto Holmes Street which is a traffic hazard. There was a sign there at one time to indicate that a right turn, only, could be made. Perhaps the City could install a berm which would not allow them to cross the two lanes of traffic to go north on Holmes Street. Mr. Lee was asked to observe the area and report back to the Council on corrective measures that can be taken. (Handicapped Parking) Jolene Abrahams, 737 El Caminito, stated that recently the State of California provided that towns and cities should make available parking places for handicapped drivers in major parking lots and shopping centers. She stated that the Council began taking action to enforce the regulations of the handicapped parking spaces and she would like to know when something is going to be done about enforcement. The City Attorney commented that in order to enforce the regula- tions a public hearing must be held and the owner has to post a sign showing that people will be cited for parking in reserved handicapped parking areas. The matter is ready for a public hear- ing which should be conducted in the near future. P.H. RE WEED ABATE- MENT ASSESSMENTS Mayor Tirsell opened the public'hearing which was scheduled to receive public testimony on assessments for weeds cleared from 71 parcels of property. THERE BEING NO PUBLIC TESTIMONY, 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 UNANI- MOUS VOTE, THE COUNCIL ADOPTED A RESOLUTION CONFIRMING ASSESSMENTS. RESOLUTION NO. 152-77 A RESOLUTION CONFIRMING ASSESSMENTS - WEED ABATEMENT CM-34-191 July 25, 1977 RESIGNATION FROM BEAUTIFICATION COMM. A letter of resignation from the Beautification Committee was submitted by Linda Galas and the Council indicated that the City would be sorry to lose her services. The staff was directed to prepare a letter of thanks. COMMUNICATION FROM COVE RE SEMINAR The Council received notice of a seminar which will be conducted at pajaro Dunes through arrangements made by COVA. The seminar will begin on Friday evening, October 14th and conclude on Sunday, October 16th. Those interested were asked to contact Bette Meyer, COVA secretary, and the Council discussed the merits of attending such a seminar. The seminar will focus on understanding the positions, ideals and problems of the various Valley officials and time for informal discussion and conversation has been scheduled. Cm Kamena, Dahlbacka and Staley felt that such a seminar would be beneficial from the standpoint of gaining information and being able to visit with people in an informal atmosphere, but Mayor Tirsell felt that since there is no specific Valley project to be discussed, the seminar is not necessary. She felt that differences of opinion are not personal but rather philosophical and votes cast do not reflect whether or not Board members are good griends. She also feels seminars are expensive and should be for specific study with invitations to the press. The staff was asked to notify COVA that Cm Dahlbacka, Kamena and Staley would be interested in attending the seminar and to find out from Cm Turner whether or not he would be interested in attending. em. Turner, when contacted, indicated that he would not attend the seminar. COVA 1977-78 BUDGET The Council was asked to review the proposed 1977-78 COVA budget and indicate approval. ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE COVA BUDGET WAS APPROVED. NOTICE FROM BD. OF SUPERVISORS RE SEPTIC TANK PERMIT DENIAL The City received notice from the County Board of Supervisors, of the approval of a septic tank permit submitted by Mr. and Mrs. Roy ciarfaglio, for property located on Lomitas Avenue in Livermore. Mr. Parness explained that the City had previously received a notice of appeal submitted by Dr. John T. Volponi and Mr. and Mrs. Roy Ciarfaglio which showed approval of both applications. The City later received notice to ignore the first notice, only the Ciarfaglio appeal was granted. The Council felt the City is being ringed with substandard sub- divisions, because l4 permits for septic tanks were issue in December of last year, making a total of IS for that area, which is a small subdivision. Cal Water will provide them with water and the Livermore School District has to provide schooling for the children in that area. The streets do not connect, the free- ways don't go through, and the standards are not the same. CM-34-192 July 25, 1977 (re Septic Tank Permit Denial) It was mentioned that it is difficult to have municipal planning or reasonable planning for municipal facilities when you are ringed with septic tanks and the County is allowing urban develop- ment without municipal control, which is just bad planning. Discussion followed concerning this item and it was pointed out that the City of Livermore pays taxes to the County but the City cannot annex the Lomitas area because they won't vote to come into the City. The tax money that goes to the County helps to clean up these areas, pave their streets, send police and fire assistance, and this is an unfair burden on the City's taxpayers. Item noted for filing.. REPORT FROM D.O.T. RE HOLMES/VANCOUVER A letter of response to the proposal for a four-way stop at Vancouver/Holmes Street was received from the Department of Transportation indicating that it would not be effective in improving the safety of the intersection and that it could increase the risk of accidents. Letter noted for filing. NOTICE FROM DEPT. OF HOUSING & URBAN DEVELOP. RE FLOOD PLAIN MANAGEMENT The City received notice from the Department of Housing and Urban Development that the flood plain management measure submitted by the City to meet the requirements of Section 19l0.3(d) is satisfactory and the City's eligibility in the National Flood Insurance Program will be continued. Item noted for filing. REPORT & DISCUSSION RE MERCHANTS PARKING LOT At the last Council meeting the Council heard public testimony from the merchants and citizens concerning the future of the Merchants Parking Lot. The City Manager was asked to arrange for a survey of the lot to show which customers and employees are using the lot. The public hearing was closed and the Council postponed a decision pending further information on the parking lot. CM TURNER WAS SEATED AT THIS TIME. CM-34-193 July 25, 1977 (re Merchants Parking Lot) Mr. Parness reported that a personal contact survey was conducted at the lot on Wednesday and Thursday of last week between 8:00 a.m. and 5:00 p.m. on the first day and from 7:00 a.m. to 5:00 p.m. on the second day. The report indicates that the number of vehicles for the first and second day were 470 and 481, respectively, which is a tremendous increase over the 198 vehicles counted in October of 1975. The survey results represent a striking consistency as to who the users of the lot are, and justifies the amount the County is paying. The County pays 37% of the lease fee and the usage is about 36%. CM TURNER MOVED TO DIRECT THE STAFF TO RENEGOTIATE WITH MR. REGAN FOR A ONE YEAR LEASE AT THE RATES NEGOTIATED, WITH A TWO YEAR OPTION ON THE LEASE; ALSO TO ASK THE CITY MANAGER TO PURSUE ORDERLY PURCHASE OF THE PROPERTY AND TO FOID1 A PARKING DISTRICT. MOTION SECONDED BY MAYOR TIRSELL FOR DISCUSSION PURPOSES. The Council discussed the matter and it was suggested that there be a parking authority in the CBD, whereby those merchants who do not have 1 sq. ft. of parking for 1 sq. ft. of building space would receive an assessment for the lack of parking which could go into a general parking fund to support this particular lot or other lots. It was also suggested that the City approve last year's rates and not deal with the question of the lease but rather to ask the City Manager to come back to the Council with an alternative proposal for purchase of the lot, including a detailed appraisal and methods of financing. The argument was made that while the suggestion to plan for purchase is good, the City is faced with the possibility of having no lot in September. This is an issue that must be settled immediately, be- cause the current lease will expire in September. The City Manager has already reported that Mr. Regan will not renew the lease at the old lease rate. The point was made that if the Council automatically approves the higher lease rate it doesn't give the City much bargaining leverage. Perhaps the Council should allow for continuance of the lease for one year at the present rate, with the present method of collection, that would automatically expire at the end of that year and the Parking District would be dissolved. This would provide the neces- sary stimulus to make sure that the necessary negotiations for acquisition do take place. The City Attorney was asked to explain how an appraiser views leasing rates in computing value for open space and Mr. Reiners explained that there are three methods used for arriving at the fair market value of property and one would involve the determina- tion of comparable rent, then computing the capitalization of that income to arrive at the market value. The appraiser would also look at comparable property in determining the value. The comment was made that in looking at the survey that was done last week, if those people who used the parking lot and were listed as customers paid 25~ for parking, this would amount to about $9,000 per year. It was also mentioned that on the basis of the reputed offer of 10~ per parking space, per day, by S.P. Development Company, a higher rate would not be supportable for that piece of property. MOTION FAILED l-4 (Cm Dahlbacka, Kamena, Staley and Mayor Tirsell dissenting) . CM-34-194 July 25, 1977 (re Merchant's Parking Lot) CM STALEY MOVED TO CONTINUE WITH LAST YEAR'S RATES ON THE BUSINESS LICENSE TAX AND TO ASK THE CITY MANAGER TO LOOK INTO THE PURCHASE OF THE LOT INCLUDING A DETAILED APPRAISAL AND FORMULATE VARIOUS POSSIBLE MEANS OF FINANCING THE LOT. A REPORT WOULD BE REQUESTED AT THE EARLIEST POSSIBLE DATE. Mr. Parness indicated that he knows of no financial means for pur- chase of the property. It was suggested that perhaps an appraisal should be made first and then the City could negotiate to enter into an option agreement rather than a lease agreement. This might enable the City to proceed with a plan for financing. MOTION RESTATED TO READ THAT THE CITY CONTINUE LAST YEAR'S BUSINESS LICENSE SURCHARGE AND SECONDLY THAT THE CITY MANAGER PREPARE A REPORT FOR THE lST OF SEPTEMBER WITH OUR APPRAISER'S ESTIMATED VALUE OF THE LOT AND THE WILLINGNESS OF THE OWNERS TO SELL AT THE APPRAISOR'S PRICE. MOTION SECONDED BY CM DAHLBACKA. Concern was expressed for the fact that from the reported survey the City is in need of the parking lot and since the City Manager has already renegotiated with Mr. Regan over the $l300 lease amount originally requested and Mr. Regan has agreed to a little more than $800 per month, he may not want to discuss further negotiations. Mr. Regan may want to forget the whole thing or he may go back to his original request of $l300 per month for the lease. CM KAMENA MOVED TO AMEND THE MOTION TO STATE THAT ONE YEAR FROM THIS YEAR'S EXTENSION, THAT THE PARKING DISTRICT AUTOMATICALLY EXPIRES, AND THAT TH~SURCHARGE WILL NOT BE LEVIED FOR THE SAME PURPOSE . AMENDMENT~ECONDED BY CM STALEY. P~E5ENT ()f(~)~~ The City Manager uggested that the Council not adopt the ordinance extending the surcharge and to allow him another week to meet and discuss some of the details with Mr. Regan for the purpose of determining his rejection or acceptance of the proposal to continue with the present lease amount. If Mr. Regan rejects the proposal the Council could then proceed with direction to obtain an appraisal and discuss financing. There would be little reason to adopt the ordinance calling for continuation of the surcharge if the proposal is not acceptable to the owner. The comment was made that if the ordinance were adopted and then the offer is not acceptable to the owner, the merchants could be reimbursed. Also, everyone should know what the bottom line is, and if the bottom line is last year's rates then this is what it is. em Turner indicated that he would vote against the motion because he is not convinced that the $800 figure is unreasonable and this would allow the City to guarantee parking for the merchants, after the September 30th expiration, and still give the City time to negotiate for the purchase of the lot. CM STALEY AGREED TO INCLUDE THE AMENDMENT INTO THE MAIN MOTION AND MAIN MOTION PASSED 4-1 (Cm Turner dissenting). The City Attorney was asked to find out if the City has control of the property, rather than the owner, since the City is leasing the entire area. If this is the case the sign and fence should be removed. CM-34-195 July 25, 1977 RECESS Mayor Tirsell called for a brief recess after which the Council meeting resumed with all members of the Council present. MOTION TO CHANGE ORDER OF AGENDA ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, THE COUNCIL SUSPENDED THE COUNCIL RULES TO ALLOW A REORDER OF THE AGENDA. REPORT RE ON-STREET PARKING & TRAFFIC DESIGN (2ND & 3RD STS.-W. OF SO.L The City received a petition from the Downtown Plaza Merchants re- questing that the two-hour parking limit on Third Street, west of IILII Street be eliminated, possible one way traffic for Third Street and Second Street, diagonal parking on the north side of Third Street from 11011 to Livermore Avenue, and a traffic signal at Second and IILII. In a report to the City Council the Director of Public Works addressed each of these items. In the report he has recommended discontinuance of the two-hour parking limit, no change in the traffic pattern for Second or Third Street, no change in the Parking on Third Street, and that a traffic signal at Second and "L" has been included in the Capital Projects Budget and will be under construction this fiscal year. It was suggested that perhaps the staff could meet with the merchants to discuss the specific problems of the area and then come back to the Council for discussion in about 30 days. The Council concurred and the staff was so directed. REPORT RE LOT LINE ADJUST. REQUEST (ilL" STREET) The City has received a lot line adjustment to add 55 feet to the rear of properties located at 947 and 955 South "L" Street. The property would come from the Pentecostal Bible College, is zoned RL-lO and contains a concrete pad and fencing used as a tennis and basketball court. The area is presently in a state of disrepair and there are no plans for resurfacing or improvement. The Planning Director has recommended approval of the proposed lot line adjustment based on the following findings: I) no new parcels are being created; 2) no additional development is anticipated as a result of the adjustment; and 3) there is no potential for develop- ment on either of the parcels newly created by the adjustment. ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE COUNCIL DIRECTED THE STAFF TO PREPARE A RESOLUTION TO ADJUST THE LOT LINES, AS PROPOSED. REPORT RE SPRINGTOWN GOLF PRO-MANAGER The City Manager reported that the City has completed the recruitment for the retention of a Springtown Golf Course pro-manager and a lease has been drafted pertaining to the matter. CM-34-196 July 25, 1977 (Golf Pro-Manager) CMTURNER MOVED TO DIRECT THE STAFF TO PREPARE A RESOLUTION AUTHORIZING EXECUTION OF THE SPRINGTOWN GOLF MANAGER (LESSEE) LEASE AGREEMENT. MOTION SECONDED BY CM KAMENA AND PASSED BY UNANIMOUS VOTE. Mr. John Wood, from San Jose, was introduced to the Council as the new golf pro-manager of the springtown Municipal Golf Course. The Council discussed the lease, briefly, and Mr. Parness ex- plained that the lease specifies rather explicitly, who is responsible for doing what. The physical improvements to the property will be the responsibility of the City and the areas are covered in the attachment to the lease. It is also clear as to which improvements are to be installed by both parties. Also, the maintenance responsibilities have been made very clear. CONSENT CALENDAR Gas Tax Formula l'rojects The Director of Public Works submitted a listing of the City projects to be financed under the Mayors' Gas Tax Formula, which was approved by the Council. ..!lay Purchase The Buenas Vidas Youth Ranch has expressed interest in purchasing about $2400 worth of the City's hay. They are a non-profit organi- zation and therefore have requested that they be allowed to make monthly payments of about $400 for six months. The Council approved the monthly installment method of payment for the hay. Departmental Reports The following departmental reports were submitted for informational purposes: Airport Activity - May and June Building Inspection - June Emergency Services - AprillJune Quarterly Library - Annual Report for 1976-77 Mosquito Abatement - April and May police and Pound Departments - June Water Reclamation Plant - May and June Res. Awarding ~id - Sand/Grave~ The Council adopted a resolution awarding sand, gravel, and aggre gates to low bidders for these items. RESOLUTION NO. 153-77 A RESOLUTION AWARDING BID (Cal Rock Concrete, Rhodes & Jamieson, Kaiser Sand and Gravel) CM-34-l97 July 25, 1977 Res. Awarding Bid - Bitumuls and Hot Mix The Council adopted a resolution awarding bid to the low bidders for bitumuls and hot mix. RESOLUTION NO. 154-77 A RESOLUTION AWARDING BID (Chevron U.S.A. Inc. and Kaiser Sand & Gravel) Res. re Vehicle Weight Limit The City Attorney submitted a report concerning commercial vehicle weight limit violations which indicates that Resolution 14-77 is inconsistent with the provisions of City Code Section 13.l4, and recommends that the resolution be rescinded. RESOLUTION NO. 155-77 A RESOLUTION RESCINDING RESOLUTION 14-77 RELATING TO THE PROHIBITION OF PARKING COMMERCIAL VEHICLES ON RESIDENTIAL STREETS. Res. Granting Home Occupation Permit (Suttora) The Council adopted a resolution approving a home occupation permit for Ronald L. Suttora, reflecting action taken at the meeting of July lB. RESOLUTION NO. l56-77 A RESOLUTION GRANTING HOME OCCUPATION PERMIT (Ronald L. Suttora) Res. Auth. Exec. of Quitclaim Deed (S.P.) The Council adopted a resolution authorizing execution of a quitclaim deed - City to Southern Pacific Transportation Company. RESOLUTION NO. l57-77 A RESOLUTION AUTHORIZING EXECUTION OF A QUITCLAIM DEED (City to Southern Pacific Transportation Company) Res. Adopting Statement of Goals and policies (Volunteer Bureau) The Council adopted the statement of gals and policies of a volunteer program. RESOLUTION NO. 158-77 A RESOLUTION ADOPTING STATEMENT OF GOALS AND POLICIES OF VOLUN- TEER PROGRAM CM-34-l98 July 25, 1977 Payroll & Claims There were 43 claims in the amount of $39,731.78, dated 7/15/77, and approved by the City Manager. There were 94 claims in the amount of $199,174.25, dated 7/21/77, 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. CONTINUED DISCUSSION RE WATER SERVICE POLICY The discussion concerning the City's water service policy with respect to outside connections, was continued from the meeting of July 18th. The Council discussed the item with Mr. Lee who explained that if there is to be a deferred payment the City would require a surety bond, certified check, or cash bond, or letter of credit. The Council would be notified of the type of bond offered and the Council would express approval/denial. The City Attorney commented that bonding is harder and harder to find and surety companies will not bond for more than about 90 days. The City will probably be seeing more and more letters of credit and it is likely that banks will also be reluctant of provide letters of credit if a large volume starts coming through. The comment was made that even though the City is in the busi- ness of providing connections, there is a concern that some requests may not be consistent with orderly development to the City. Perhaps the Council should adopt a resolution or an ordinance outlining the findings that have to be made to grant a connection. CM DAHLBACKA MOVED TO ADOPT THE POLICY, AS SUBMITTED, AND TO INCLUDE THE FOLLOWING FINDINGS, PRIOR TO ALLOWING A CONNECTION: I) that the size and type of proposed develop- ment or connection will not conflict with the City or its services, as outlined in the General Plan; and 2) that a satisfactory service policy agreement has been reached. MOTION SECONDED BY CM TURNER AND PASSED BY UNANIMOUS VOTE. The resolution containing the above findings will be on the consent calendar for later adoption. DISCUSSION RE EBDA - LAVWMA AGREEMENT The Council discussed the wording of the LAVWMA Agreement with the City Attorney and concluded that his wording, deleting, "binding arbitration", should be approved and directed that he contact the other attorneys to discuss contested portions of the agreement. ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, WORDING WAS APPROVED. CM-34-l99 July 25, 1977 RETURN TO DISCUSSION OF 4.3 - DOWNTOWN PLAZA PARKING/TRAFFIC The Council returned to the item of the Downtown Plaza Merchants item relative to parking/traffic problems in that area in order to adopt a resolution eliminating the two-hour parking zone on Third Street, west of "L" Street. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE RESOLUTION DELETING THE TWO-HOUR PARKING LIMIT WAS ADOPTED. RESOLUTION NO. 159-77 A RESOLUTION AMENDING RESOLUTION NO. l29-72, AS AMENDED, RELATING TO RE- STRICTED PARKING ZONES. REPORT RE DISPOSITION OF PUBLIC PROPERTY The City Manager reported that since City employees will be housed in an administrative office in the near future, some con- sideration should be given to the sale of present properties and improvements. The two areas to be vacated will be the old police building on McLeod and First Street and City Hall located on First and So. Livermore Avenue. It is recommended that the Council adopt a motion authorizing conduct of a detailed appraisal on the subject properties and to proceed with the bidding process. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE RECOMMENDATION TO OBTAIN AN APPRAISAL AND PROCEED WITH BIDDING PROCESS WAS ADOPTED. LA VWMA RESO. RE MITIGATION MEASURES By consensus of the Council, the LAVWMA resolution concerning mitigation measures for the export pipeline was postponed for one week. MATTERS INITIATED BY THE STAFF (Denial of Rasmussen Appeal to Court of Appeals The City Attorney reported that the City received notice that the appeal by the Rasmussens concerning eminent domain action was denied by the Court of Appeals. MATTERS INITIATED BY THE COUNCILMEMBERS (Butterfield Death) Cm Turner stated that friends of the Butterfield boy who was killed in Wyoming last Friday have asked the City if it would accept a tree to be planted in one of the City parks with a small memorial plaque to be installed. Cm Turner was asked to contact Dan Freitas about the planting of the tree and indicated that they would be happy to accept the tree. CM-34-200 July 25, 1977 (Duck Pond) Cm Turner stated that there is a fence in front of the duck pond out in Springtown, that looks terrible and wondered why the fence has been put up. Mr. Lee stated that the lawn is being replanted and the fence was erected in order to keep people and animals out of that area. When the grass is established the fence will come down. (ABAG Letter re Grant Application) Cm Kamena stated that the Coucil received a letter from ABAG indi- cating that the clearing house has passed some kind of approval with respect to the sewage expansion grant. He wondered what the mean- ing of the document is. Mr. Lee explained that they review all applications for federal and state funds through ABAG and this is just one of the steps that have to be taken for Step I; however, he feels that from talking with the staff from the state, the 1 MGD expansion is almost assured. The reclamation portion of the grant is the por- tion that seems to be in limbo. (Food Stamps) Cm Kamena stated that in the near future Valley Bank will no longer be issuing food stamps and he would hope that the Housing Authority would reconsider taking the necessary authority to go ahead and enter into a contract with an agency that would provide the necessary security measures and dispense the food stamps at the Leahy Square area. Cm Kamena asked the Council to support a letter to the Housing Authority asking that they consider the problem at hand with regard to food stamps. It was suggested that the City and Council meet with members of the Housing Authority to discuss this matter and that efforts should be made to incorporate this service in the Multi-Service Center. The staff was asked to write a letter to the Housing Authority and the Social Concerns Committee concerning this matter. It was mentioned that a group in Oakland read of the plight of the food stamp service and offered to do all the bookwork and sell the food stamps at the cost of a person to be in the Valley to sell the stamps. They also offered to train Housing Authority employees or to hire people to sell the stamps. There have been numerous requests to help since the press release and there was even an offer for bulletproof glass. (Community Affairs Comm.) Cm Kamena stated that he received a letter concerning the Community Affairs Committee and he would like Council discussion, as an agenda item, on this committee. CM-34-20l July 25, 1977 (Maple Street) Cm Dahlbacka wondered if it would be possible to oil Maple Street rather than frequent watering to help with the dust problem that the merchants have been complaining about. Mr. Lee expressed concern that people might track the oil into the stores but if they would like something like this it could be done. Mr. Lee was asked to contact Mr. Marver to find out if they would like the gravel to be oiled until the street can be covered with asphalt. (BART Buses) Mayor Tirsell stated that BART will be bringing a demonstration bus to Livermore Thursday. The bus trip is planned from 9:00 a.m. to 4:00 p.m. and members of the Councilor people from the community are welcome to participate. The bus will be stopping at First Street and Livermore Avenue to pick up Councilmembers, Planning Commission members, and Trans- portation Committee members, as well as those of the press who would like to attend. The bus is a prototype of the kind of bus that would be serving Livermore. (LARPD Event) Mayor Tirsell reported that Lois Ellsaesser, from LARPD telenhoned to invite the Councilmembers to a Regional and Park Districts of Alameda County meeting that will be hosted by LARPD. Ms. Ellsaesser apologized for not having sent formal invitations to the Council. The dinner will be at 6:30 p.m. at the Veterans' Park. There has been a tour of Sycamore Grove planned and should be a very nice tour if anyone hasn't seen it. CITY MANAGER WEEKLY REPORT Noise Element Materials have been received from two important sources, for prepara- tion of the Noise Element. The Noise Element is being prepared and Mr. Nies has indicated that it should be ready within a month. Civic Center Site The irrigation system for the Civic Center site is nearly complete and will provide watering for 75% of the site. The work was done by the new CETA employees and this will permit initial tree plant- ing. The Council will be asked to make a decision as to whether or not the turf should be planted, taking into account the water situation. First Street Overhead The First Street Overhead Project is 40% complete and the work is proceeding ahead of schedule, due to the good weather the City has experienced. The engineering design should be back from CAL-TRANS shortly so that bidding for the street approaches to the structure can be initiated in September or October. CM-34-202 July 25, 1977 Maple Street The resurfacing of Maple Street is about 20% complete and they are progressing as quickly as possible. Street Work The intersection of Fourth and College has a bad skew and Cal Water is thinking of vacating their well at the site which would permit the City to redesign that intersection. The staff has been discussing the possibility of some property exchange with Cal Water for the relocation of that water tank. J?pringtown Pro Shop Work will begin tomorrow morning (July 26th) on the Springtown Pro Shop and it is anticipated that the improvements will be installed and fully operational within three or four weeks. AC Transit Mr. Shilling has met with the AC Transit staff getting some of the preliminaries ready for the local bus service, and Mr. Parness has also met with MTC to discuss transportation items. The buses will be in Livermore for review, but regrettably, the bus system will probably not be into operation until about March. Consolidated Recruitment Consolidated recruitment efforts in the Valley for fire fighters have been completed, with participation of seven fire agencies. Livermore was a major participating factor. Of the 740 applicants, 72 were placed on the eligible list. The City has selected two of the candidates and the City is very happy with their quali- fications and with the recruitment consolidation process. Cruising A meeting has been held among representatives of seven cities in northern and southern California to discuss the problems of cruising. Discussed were various devices being used by the different cities and Livermore's police chief is satisfied that the foot patrol and bike patrol is about the best means of helping to curb problems. Trevarno Road The staff has met with residents of Trevarno Road, as directed by the City Council, to discuss the Heritage Preservation Ordi- nance and a staff report indicates that it was a very successful meeting. People had a lot of ideas and suggestions and they will prepare what they feel would be an appropriate policy application for Trevarno Road, alone, for Council review in September. CM-34-203 July 25, 1977 Technology re Energy During the budget session discussions it was suggested that the City contact the labs to ask for help on providing some type of technology on energy; i.e., means of acquiring energy, and storage of energy if possible. Mr. Parness wrote such a letter to Dr. Batzel at LLL and received a very nice response in which Mr. Parness was referred to their Wind/Energy Department. They have supplied information relative to the work they have been conducting at Patterson Pass, and it is amazing what they are finding out about the energy generated from wind volumes, in the Livermore area particularly. The staff has seen graphs and the instruments used in the hills used to measure wind velocity. The people doing the work are very encouraged with what may be produced by wind energy. Mr. Parness indicated that he also is very enthused about this type of study because Livermore is situated in an area in which this kind of energy can be studied and by a technological group located in the valley, with governmental agencies in the Bay Area who are interested in funding pilot programs of this type, and they intend to find out if ERDA or HUD would be interested in participating. Interest has also been expressed in the way of a pilot program for solar energy, and apparently the Multi-Service Center may qualify for this type of study through HUD. ADJOURNMENT There being no further business to come before Tirsell adjourned the meeting at 11:00 p.m. to August I, 1977, to discuss labor negotiations. ~-J&?1 Jh ~Z Mayor ~ the Council, Mayor 7:30 p.m. on APPROVE ATTEST CM-34-204 Adjourned Regular Meeting of August l, 1977 An adjourned regular meeting of the City Council of the City of Livermore was held on Monday, August l, 1977, at 7:30 p.m. in the Municipal Court Building, Department 2 Courtroom, 39 South Livermore Avenue, Livermore. Present: Cm Staley, Turner, Dahlb~cka and Mayor Tirsell Cm Kamena seated after roll call Absent: None The meeting was called to order an executive session to discuss then adjourned at 8:l5 p.m. APPROVE ~,,,= L2J at 7:40 p.m. and adjourned to labor negotiations. The meeting ~ Mayor ATTEST CJ.ty Cler Livermore, California Regular Meeting of August I, 1977 A regular meeting of the Livermore City Council was held on August 1, 1977, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:20 p.m. with Mayor Tirsell presiding. ROLL CALL Present: Cm Kamena, Turner, Staley, Dahlbacka 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. MINUTES - 7/18/77 p. 183 - Last paragraph - Motion concerning Home Occupation Permit of Mr. Suttora - strike remainder of paragraph re find- ings as City Council did not make the findings. p. 186 - re Recall Petitions- 4th line - the total count of names on petitions for em Turner should read l,019 instead of 1,119. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF JULY 18, 1977, WERE APPROVED AS CORRECTED. CM-34-205 August l, 1977 OPEN FORUM Paul Tull, 2243 Linden Street, stated that he had attended the recent meeting regarding the pipeline and expressed concern that Livermore would be held responsible for a much larger sum over a 20 year period than the City of Pleasanton. Mayor Tirsell explained that Pleasanton is already served by VCSD with the exception of the Sunol connection. COMMUNICATION RE RESIGNATION-HOUSING AUTHORITY BOARD The Council received a letter from Diana Green stating that it was necessary that she resign from the Housing Authority Board due to the fact that she will be traveling in Europe for the next year. Mayor Tirsell asked the staff to write Ms. Green expressing our appreciation for the time she served on this board. APPEAL - HOLDENER DAIRY SIGN Howard Nies, Planning Director, explained the reason Mr. and Mrs. Holdener have requested a variance to allow a perpendicular free- standing sign at 985 East Stanley Boulevard. Discussion among the staff continued regarding alternatives such as moving the sign back from the street to enhance visibility from the road; widening the drive way entrance; and raising the sign to the height of the hedges for better visibility. Mrs. Elsie Holdener explained to the Council that she and her husband, Mr. Fred Holdener, do not enjoy having to come before them again with the same request, however, she explained that it is a matter of business survival. She stated that their customers complain that it is very difficult to determine where the driveway is when the sign is not visible. Mrs. Holdener stated that the reasons for denial do not seem correct since they are not located in the downtown core, they are zoned agricultural, and their business is much like a service station since it is a drive-in. She pleaded with the Council to approve turning the sign perpendicular or allow- ing a triangular sign like the service stations are using. Discussion continued between the staff and Mrs. Holdener as to the location of the sign, the height, and the expense of moving a sign of that size which was cemented firmly at the time it was installed. Mayor Tirsell asked if it was more difficult to see the sign or find the driveway coming from the east or west. Mrs. Holdener stated that it was definitely more difficult to identify coming from the west or Pleasantonarea. Mayor Tirsell stated that since it would be very expensive to move the sign and derive any benefit, to conduct an experiment with different angles as the sign can be angled with the adjustment of two screws. The Mayor pointed out that after this trial period a more reasonable decision could be made. CM-34-206 August l, 1977 (Holdener Sign (Cont'd) Cm Turner brought up the question as to how the impact of angling the sign could be measured. The Mayor suggested that the Planning Department first begin by angling the sign a minimum amount to determine the aesthetics, safety and identification benefits. Under the sign ordinance the Council is not allowed to consider the benefit of advertising. She suggested the sign be turned at three different angles and study each for a week or more. em Turner also pointed out that the speed limit along Stanley Boulevard should have some bearing on this determination. CM STALEY MOVED THAT A VARIANCE BE GRANTED FOR A CHANGE IN THE ANGLE OF THE SIGN WHEN IN THE OPINION OF THE PLANNING DIRECTOR THE SIGN IS VISIBLE FROM 150 FT. TO THE WEST AND THAT SUCH VARIANCE WOULD BE CONDITIONED UPON THE CONTINUANCE OF THE AGRICULTURAL ZONING AND FURTHER ON THE CURRENT USE OF THE PROPERTY. eM TURNER SECONED THE MOTION FOR DISCUSSION. Cm Dahlbacka questioned the City Attorney as to the legality of conditioning a variance. The City Attorney pointed out that a variance can be conditioned legally in order to eliminate the possibility or reduce the possibility that the variance will appear as a grant of special priviledge. Section 65000.906 of the State Code was read to the Council regarding granting a variance with conditions. Concern was expressed that a variance should not be issued on the basis of use even though the Holdener Dairy is the only property zoned agricultural with a commercial use. The aim of the Council at this time is to improve the situation, if possible, for the Dairy, yet stay within the legal means of the sign ordinance. Cm Dahlbacka pointed out the number of businesses on First Street who have had to comply with the ordinance will also want to change their signs and he felt granting this one variance would create many problems. The Mayor suggested that this request be studied extremely care- fully as there are so many aspects to consider. William Zagotta, 5155 Lillian, spoke on the subject and made it clear that he was speaking as a citizen and not as a Planning Commissioner. He stated that he does not believe the Council can stay within the bounds of the zoning ordinance and accomplish all the points being listed. He believes that moving the sign back as far as but not beyond the front of the existing house will accomplish the same goal and not violate the sign ordinance. Mrs. Holdener spoke in response to Mr. Zagotta's comments to reiterate their position in that they need identity from both directions and that their concern is not so much of their old customers, but the fact that they are in need of new customers. She also stated that it is a problem for local people and their delivery people as they cannot determine where the driveway is in time to safely turn on the signal indicator and make a safe entrance. Mrs. Holdener went on the describe numerous business places around town which enjoy the advantage of perpendicular signs. Cm Staley stated that he does not agree with Mrs. Holdener's argument even though there are violations of the sign ordinance it is not reason to grant another. CM-34-207 August 1, 1977 (re Holdener Dairy Sign) CM ~ENA MOVED TO SUBSTITUTE A MOTION TO HAVE A TEST FOR A FOUR WEEK PERIOD AND THAT THE TEST HAVE THE FOLLOWING CONDITIONS: 1) TEMPORARY MATERIALS BE USED TO CONSTRUCT THE SIGN 2) RETAIN ORIGINAL SIGN AS IS 3) PLACEMENT OF THE SIGN TO BE SOMEWHERE BETWEEN THE EXISTING HOUSE AND THE SUNFLOWER BUSH, BUT NOT FARTHER BACK THAN THE FRONT OF THE HOUSE 4) THE HEIGHT OF THE MOCK-UP SIGN NOT TO EXCEED 25 FT. FROM GROUND TO TOP OF THE SIGN 5) ON A CLEAR DRY DAY THE LETTERING ON THE SIGN BE VISIBLE AT 150 FT. 6) MATTER TO COME BEFORE THE COURCIL AT THE END OF 30 DAYS. MOTION SECONDED BY MAYOR TIRSELL. CM DAHLBACKA MOVED TO AMEND THE MOTION TO READ: ON A CLEAR, DRY DAY THE LETTERING ON THE SIGN BE VISIBLE AT A REASONABLE DISTANCE FOR SAFETY IN ENTERING THE DRIVEWAY. AMENDMENT SECONDED BY MAYOR TIRSELL AMENDMENT PASSED 3-2, CM KAMENA AND TURNER DISSENTING After a lengthy discussion between the staff regarding the main motion, the substitute motion and the amendment, the Council agreed to reconsider the vote on the amendment. CM STALEY MOVED TO RECONSIDER THE AMENDMENT, SECONDED BY CM TURNER MOTION PASSED 3-2, MAYOR TIRSELL AND CM DAHLBACKA DISSENTING AMENDMENT AS PROPOSED BY CM DAHLBACKA, MOTION FAILED 2-3, CM KAMENA, STALEY AND TURNER DISENTING. MAIN MOTION AS PROPOSED BY CM KAMENA TO REVIEW ITEM AT END OF 30 DAYS AND FOR THE MOCK-UP SIGN TO BE VISIBLE AT A DISTANCE OF ISO FT., PASSED 4-1, CM DAHLBACKA DISSENTING. Mrs. Holdener was adked if she would agree to a 30 day continuance and to bring the variance and staff report before the Council again on September l2, 1977, and she agreed. ON MOTION OF CM KAMENA, SECONDED BY CM TURNER, AND BY UNANIMOUS VOTE THE ITEM WAS CONTINUED TO SEPTEMBER 12, 1977. RECESS Mayor Tirsell called for a brief recess after which the Council reconvened with all members present. AGENDA REORDER Mayor Tirsell stated that members of the audience asked that the discussion on bingo regulations be heard at this time. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE ORDER OF THE AGENDA WAS ADJUSTED. MUNICIPAL CODE AMEND- MENT - BINGO REGULATIONS CM Staley suggested that the matter of fees be discussed before a motion is made on the subject. The City Attorney informed the Council that the annual permit fee as specified by the State legislation is $50.00 maximum. The Chief of Police has recommended that the maximum be imposed as a permit fee. He also informed the Council that they have the option, considering the charitable purposes of bingo, of considering a lower fee. CM TURNER MOVED TO ADOPT THE BINGO ORDINANCE AND TO ACCEPT THE $50 FEE FOR A PERMIT. SECONDED BY MAYOR TIRSELL CM-34-208 August l, 1977 (re Bingo Regulations) Cm Kamena inquired as to specific groups and how they would qualify under the regulations of this ordinance. The City Attorney responded that the definition in general is that any organization which is normally tax exempt on proceeds for charitable purposes would meet the requirements. MOTION PASSED 5-0 Mr. D. Word, 3854 California Way spoke regarding the $50 fee which will be charged for a bingo permit. He inquired if the City would over-see in any way how the proceeds from these games are spent and who would be responsible for reviewing records, etc. The City Attorney commented that the ordinance does not have any enforcement as to improper use of funds collected, however, the ordinance supplements and amplifies the penal code which makes it unlawful to use the proceeds for private gain or unauthorized purposes. If an organization is suspected of using proceeds illegally, the District Attorney can file a complaint against them. Also, if the State was informed the organization's license or tax exemption can be revoked under the Revenue Taxation Code. Cm Staley expressed his concern over the fact that he feels it should be written into the ordinance that the Chief of Police has the authority to inspect an organizations books at any time there is doubt as to the use of proceeds. He stated that this may never be necessary, however, he feels if it is in the ordinance there would not be a legal problem if the situation did arise. Mike Holden, 952 Saturn Way, commented that he does not feel the ordinance is clear or the consumption of alcholic beverages during the bingo games. He stated that he has no objection to serving alcholic beverages, but does not feel that the ordinance is clear on this point. MAIN MOTION WITHDRAWN Mayor Tirsell suggested to the City Attorney to look into the matter of books review and the serving of alcholic beverages. She also stated she feels even though some of these subjects may be covered by the penal code, it should also be stated clearly in our ordinance to clarify the subject locally. ON MOTION OF CM TURNER, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE ITEM WAS CONTINUED ONE WEEK. BEAUTIFICATION COMMITTEE HOLIDAY DECORATIONS The representatives from the commercial areas has urged the Beautification Committee to increase the number of holiday decorations from the approved 50 to lOO. The added cost would be approximately $2,100, making a total spent on the decorations approximately $6,100. CM-34-209 August 1, 1977 (Re Holiday Decorations) Cm Kamena expressed concern over the fact that the number of decorations was doubling and that he was not sure the Committee could stay within their budget. Mayor Tirsell commented that she felt this was a reasonable amount in that it is about the same as had been spent in past years. ON MOTION OF CM STALEY, SECONDED BY CM TURNER, AND BY UNANIMOUS VOTE THE COST FOR ADDITIONAL HOLIDAY DECORATIONS WAS APPROVED. EPA REQUIREMENTS MITIGATION MEASURES Modifications on the EPA Mitigation Measures have gone back to EPA for review, therefore, this item was not discussed and put over until such time a response is received from EPA. ENERGY COMMITTEE POLICY STATEMENT The Energy Conservation Committee has drafted and submitted for adoption a policy statement resolution for energy conservation. CM DAHLBACKA MOVED TO ADOPT THE POLICY STATEMENT RESOLUTION WITH CHANGES SUBMITTED BY THE ENERGY COMMITTEE AND P.G.& E. MOTION SECONDED BY CM TURNER. Elwood Bona, Pacific Gas & Electric Co., spoke regarding Item 6 of the resolution which states that interior cooling of residences and business establishments be limited to 78 degrees F. PG&E encourages citizens to voluntarily limit their cooling to 82 degrees. He went on to say that 78 degrees will be sufficient in the future, however, with the current drought situation 82 degrees would be recommended at this time. Mayor Tirsell suggested that the citizens of Livermore be made aware of this policy statement and inquired if PG&E would be willing to include a statement in their next billing. Mr. Bona said he would check to see if this was possible. A lengthy discussion continued among the Council and Mr. Bona. Cm Staley questioned several points such as what is "nonessential" outdoor use of energy as well as many other items of the resolution which he feels the City does not have the capability to enforce. Mayor Tirsell pointed out that this policy statement is not an ordinance and that it is intended to ask the cooperation of the citizens to voluntarily cut down on energy usage. Cm Turner inquired if the City has a formal plan for energy conservation. Mr. Parness stated that there is not a formal plan however during the last energy crisis the City observed the required regulations of conservation. CM TURNER MOVED TO N1END THE MOTION AND REQUEST THE STAFF TO PRESENT TO THE COUNCIL WITHIN 30 DAYS A FOmmL PLAN OF ENERGY CONSERVATION FOR THE CITY OFFICES. AMENDMENT SECONDED BY CM DAHLBACKA AND PASSED BY UNANIMOUS VOTE. MOTION PASSED 4-1, CM STALEY ABSTAINING CM-34-2l0 August 1, 1977 ENERGY CONSERVATION ORDINANCE A draft ordinance and insulation calculations were presented to the Council to amend Article X, of the Livermore City Code relating to energy conservation. It was generally agreed that since the original ordinance was passed it has been proven that insulation is the main factor in conserving energy in the home. The City Attorney commented that the state is now taking a stronger stand on this matter and is putting more and more restrictions on builders in this regard. ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER, AND BY UNANI- MOUS VOTE, THE ORDINANCE WAS SCHEDULED FOR INTRODUCTION AT THE NEXT MEETING. MOTORIZED BIKES Recent state legislation permits the City to regulate use of motorized bicycles on bike trails, not contiguous to a roadway. The regulations are now being studied by the Bicycle Association.~ The Council requested that the Planning Commission review and I comment on the proposed regulations before the item comes before / the Council again. ~.' b; I _ COMMUNITY ORGAN I ZATION eK f}. , - ~r.v-,-' SPONSORED EVENTS -tk-u .~ A policy statement has been drafted on City participation in community organized special events. In the Council review two changes were noted as follows: Under C. Nature of Events, 1. Civic, last sentence should read: An example is the Livermore Cultural Arts Council (LCAC). Page 3, under III. Policy A. should read: The City of Livermore will consider financial support to events that are officially sponsored by the City or executed by a City sponsored organization. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY, AND BY ANANIMOUS VOTE, THE COUNCIL APPROVED THE POLICY STATEMENT ON COMMUNITY ORGANIZATION SPONSORED EVENTS AND DIRECTED THE STAFF TO PREPARE A RESOLUTION OF ACCEPTANCE. WARNING DEVICES A report on local warning devices was submitted to the Council. During the Council discussion on this matter it was generally agreed that a good siren system is vital to our city which was suggested by the U. S. Army Communications Command survey done in January 1976. Cm Dahlbacka pointed out that there are many parts of the city where people do not have a chance of hearing a warning signal and he feels this should be corrected. The federal government will match our funds in updating our system with our share being approximately $12,500. ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER, AND BY UNANI- MOUS VOTE, THE COUNCIL DIRECTED THE STAFF TO SUBMIT A SCHEDULE TO INSTALL AND INITIATE THE WARNING DEVICE SYSTEM OVER A TWO YEAR PERIOD. It was also suggested that the press be given a list of all shelters and their location for publication, and inquire if it is possible to list the shelters in the local telephone book. CM-34-2ll August 1, 1977 REPORTS - PLANNING COMMISSION The Planning Commission requested that the Council set public hearing dates on two proposed zoning ordinance text amendments, Section 20.61 (Fences, to include walls) and Section 29.00 (Appeal). A hearing date was also requested on an extension of Ordinance 897 relating to Interim Zoning Regulations. ON MOTION OF CM TURNER, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, SEPTEMBER 19, 1977, WAS SET FOR THE PUBLIC HEARING DATE OF THE ABOVE MATTERS. REQUEST - DESIGN REVIEW COMMITTEE The Planning Commission received a request from the Design Review Committe requesting that they be allowed to review and comment on future public building plans. The Council concurred that the Design Review Committee should have the opportunity to comment on any project involving public structures. P.C. Action Agenda/ Minutes The Planning Commission action agenda from the meeting of July 26, 1977, and the P.C. minutes of the meeting of July 12, 1977, were noted for filing. FEDERAL-STATE GRANT WASTE WATER TREATMENT Authorization by the Council is required for the Public Works Director to submit an application for the Federal-State Grant Step I for our water treatment plant project. ON MOTION OF CM DAHLBACKA, SECONDED BY CM ~~ENA, AND BY UNANIMOUS VOTE, THE RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR TO FILE THE APPLICATION FOR STEP I OF THE FEDERAL-STATE GRANT WAS ADOPTED, AND AUTHORIZATION FOR THE STAFF TO CONDUCT PERSONNEL INTERVIEWS OF QUALIFIED FIRMS FOR NECESSARY ENGINEERING STUDIES. RESOLUTION NO. 160-77 RESOLUTION AUTHORIZING FILING APPLICATION FOR FEDERAL AND STATE GRANTS FOR PUBLICLY OWNED WASTEWATER TREATMENT WORKS AND PROVIDING CERTAIN ASSURANCES CONSENT CALENDAR Res. Rejecting Claim The Council adopted a resolution rejecting a late claim. RESOLUTION NO. 161-77 A RESOLUTION REJECTING APPLICATION FOR LEAVE TO PRESENT LATE CLAIM ON BEHALF OF HENRY E. MITCHELL Res. Claim - Alameda County Water District A resolution was adopted rejecting the claim by Alameda County Water District alleging damages from the discharge of effluent into Arroyo Las positas. RESOLUTION NO. 162-77 A RESOLUTION REJECTING A CLAIM (ALA}mDA COUNTY WATER DISTRICT) CM-34-2l2 August 1, 1977 Res. Salary A reso~ution was adopted amending the salary resolution in accord- ance w1th the Memo of Understanding with Livermore Police Officers Association, Operating Engineers, Local No. 3 and the Livermore Fire Fighters, I.A.F.F., Local 2318. Salaries are effective August 1. RESOLUTION NO. 163-77 A RESOLUTION OF THE CITY OF LIVERMORE AMENDING RESOLUTION NO. l35-77, FOR THE CLASSIFIED AND UNCLASSIFIED EMPLOYEES OF THE CITY OF LIVERMORE, ESTABLISHING RULES FOR ITS USE. Employee Request The Council approved an employee (Dave Hollander) request for pay in lieu of vacation time in the amount of 80 hours of l20 hours accumulated. Personnel rules require City Council approval. Job Descriptions The City Council has authorized some new positions and for some others, because of a change of responsibility, job descriptions must be amended. Six new job descriptions were submitted for approval - Administrative Assistant, City Engineer, Maintenance Supervisor, Personnel Analyst, Police Clerk and Accounting Technician. Approval was given by the Council. Res. Lot Line Adjustments Two lot line adjustments were approved by the Council on July 25, 1977, pending preparation of the following resolu- tions: RESOLUTION NO. 164-77 A RESOLUTION AUTHORIZING LOT LINE ADJUSTMENT (ASSESSOR'S ROLL 97-94-1-7, PENTECOSTAL BIBLE COLLEGE & THOMAS WAINWRIGHT) RESOLUTION 165-77 A RESOLUTION AUTHORIZING LOT LINE ADJUSTMENT (ASSESSOR'S ROLL 97-94-1-15, PENTECOSTAL BIBLE COLLEGE & RICHARD SEARS) Res. Golf Manager/Pro Springtown Golf Cours~ The Council authorized execution of an agreement between the City and John M. Wood for performance of golf manager/pro services at Springtown Golf Course. RESOLUTION NO. 166-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (JOHN M. WOOD) Res. Water Service Agreement Policy Action on this item was postponed to August 8th meeting. CM-34-2l3 August 1, 1977 Res. - Agreement CHP Training The Council adopted a resolution authorizing execution of an agreement with the California Highway Patrol to allow personnel from the Police Department to participate in training classes conducted at the Academy. RESOLUTION NO. 167-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (CALIFORNIA DEPARTMENT OF OF CALIFORNIA HIGHWAY PATROL) Res. FAU Projects The Council adopted a resolution covering future Federal-Aid Projects in the City of Livermore which reflects changes in the 1976 Federal Highway Act. The revision allows the state to administer the projects and lessen the Federal involvement. RESOLUTION NO. 168-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (STATE OF CALIFORNIA) Res. State Park Funds A resolution was adopted approving the application for the 1976 State Grant Moneys under the State, Urban, and Coastal Park Bond Act of 1976. The City of Livermore and LARPD have jointly applied for grant monies for the development of certain parks previously mutually agreed upon. They include: Karl Wente Park, Ravenswood Restoration, Pleasure Island Park, Independence Park, Proud Country Park Site, Oak Knoll Park, Samuel Bothwell Sr. Recreation Center, and El Padro Park. RESOLUTION NO. l69-77A A RESOLUTION APPROVING THE APPLICATION FOR 1976 STATE GRANT MONEYS (STATE DEPARTMENT OF PARKS AND RECREATION) RESOLUTION NO. l69-77B A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT(CITY,LARPD,STATE DEPARTMENT OF PARKS & RECREATION) Pavroll & ~l;dm~ There were 42 claims in the amount of $95.405.68, dated 7/28/77, 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. MATTER INITIATED BY COUNCIL AND STAFF (Merchant's Parking Lot) Discussions have continued with Mr. Regan regarding the Merchant's Parking lease. Since the Finance Department is currently preparing the business license surcharge, the Council was asked for a decision on how to assess the merchants for the three months in question (July, August and September). The Council agreed that the item needs extensive discussion and should be placed on an agenda in the near future. In the meantime the Council directed the staff to assess the merchants on the same rate as they were in the past until such time that a decision can be reached. CM-34-2l4 August 1, 1977 (Holmes & Vancouver Crosswalk) Cm Turner commented that he has been approached by some citizens regarding the crosswalk at Holmes & Vancouver. The markings have faded and a request has been made to repaint the crosswalk. Dan Lee reported that the state has been contacted regarding this matter and advised his department that this would be done in the near future. Cm Turner asked Mr. Lee to secure a definite date on this project from the state. (Food Stamps) The Valley Bank has given notice that they will no longer handle the sale of food stamps and the local post office will take on this responsibility. Cm Dahlbacka suggested a letter be directed to the bank requesting their cooperation in making this move as smooth as possible. (Insurance Rates) Cm Staley reported a response has been received from Senator Holmdahl regarding PUC review of any insurance rate increases which exceed 10%. Senator Holmdahl stated in his letter that legislation is expected to be introduced on this matter next year. Cm Staley stated that he had heard that there is a bill already before the assembly that covers most of the concerns he expressed to Senator Holmdahl and the staff was directed to inquire with Assemblyman Mori's office as to what this bill may cover and at what stage it has progressed. (Fire Hazard - Orion Ct. & Concannon) Mayor Tirsell reported that the vineyard located to the rear of Orion Ct. and Concannon was deserted a few years ago and now has become overgrown and a definite fire hazard. Children play in the area and she requested that the County Fire Department be contacted to request that they take some fire precautions and maintenance. (Maple Street Reconstruction) Mayor Tirsell has been contacted by numerous residents who are angry with the noise and dust being created by the Maple Street Reconstruction. It has been reported that large camper- trailers with boats, etc. are using Maple Street as a through street and the residents are suffering. The request was made to close East Avenue end of Maple to all through traffic to relieve this si ~ation. The First Street entrance has been left open with signs pointing out that all businesses are open. (Bowl-A-Thon) Granada Bowl will sponsor a 24-hour Bowl-A-Thon on Saturday, August 20, to raise funds for Muscular Dystrophy. The events will begin with a match between the Livermore and Pleasanton City Councils. CM-34-2l5 August l, 1977 CITY MANAGER'S REPORT Mr. Parness reported that the contract has been signed between Palomar and Western Pacific for the 13 acre parcel on South Front Road. He also reported that Intel Corp. has submitted plans to the City for a sizeable expansion of their plant. ADJOURNMENT There being no further business to come before the Council, Mayor Tirsell adjour;;Lned th meeting at 12 :5 a.m. APPROVE ~&-, '1l7 ':;tcfUu..f.fI Ma or 'c(!L t Clerk ore, California ATTEST ,. M~ Regular Meeting of August 8, 1977 A regular meeting of the Livermore City Council was held on August 8, 1977, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:05 p.m. with Hayor pro tempore Kamena presiding. ROLL CALL Present: Cm Kamena, Turner and Staley Absent: Cm Dahlbacka (excused - vacation) Mayor Tirsell (excused - vacation) PLEDGE OF ALLEGIANCE Mayor pro tempore Kamena led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. MINUTES - 7/25/77 P. 192, last paragraph under COVA SEMINAR should have one additional sentence to read: Cm Turner, when contacted, indicated that he would not attend the seminar. P. 195, 6th paragraph, line 3 should read: EXPIRES, AND THAT THE PRESENT SURCHARGE....ETC. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF JULY 25, 1977, WERE APPROVED, AS Al1ENDED. CM-34-2l6 August 8, 1977 -2- OPEN FORUM - No Comments PUBLIC HEARING RE ZOo ORD. AMEND. RE TIME EXTENSION - STANLEY/MURDELL Mayor pro tempore Kamena opened the public hearing relative to a request for extension of time limit for development of the neighborhood commercial site, updating of commercial require- of the Negative Declaration for property located at Stanley and Murdell. There being no public testimony, ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. CM TURNER MOVED TO INTRODUCE THE ORDINANCE AMENDING THE ZONING ORDINANCE TO ALLOW THE EXTENSION OF TIME, TO BE READ BY TITLE ONLY, AND TO ADOPT THE NEGATIVE DECLARATION. MOTION SECONDED BY CM STALEY AND PASSED BY UNANnmUS VOTE. The Planning Director was asked if there has been pressure for development on the property and Mr. Nies indicated that there has not been but the owner has asked for a one year extension for development commencement. PUBLIC HEARING RE GEN. PLAN AMEND. & NEG. DEC. TO ADD "OFFICE" CATEGORY Mayor pro tempore Kamena opened the public hearing relative to an amendment to the General Plan for Negative Declaration and addition of "Office" Category which will apply to specific areas. Perry Harabadian, 4162 Drake Way, asked if the Council inten~s to establish a policy for declaring certain areas as office complexes, which was explained by the Planning Director. Mr. Nies was asked why some of the other areas of town would not be under the same classification, such as Fourth Street, between "L" and "P" Streets, and the area along Fenton. Mr. Nies explained that the downtown area is commercial and this will be reviewed at the time the CBD is discussed. He then ex- plained that there are two zones that could be used to implement the General Plan - CP or CO, so the General Plan is on a broader view than the zones. This would not preclude any use presently allowed, and would not change the zones. There being no further public testimony, ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. CM TURNER MOVED TO ADOPT THE RESOLUTION AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN, SECONDED BY CM STALEY. Prior to adoption of the resolution concern was expressed for wording in the resolution indicating that the areas preclude retail and service type uses, which Linda Breeden explained per- tains to retail/commercial type services. This specific wording could be included if the Council so desires. CM KAMENA MOVED TO AMEND MOTION TO INSERT THE WORD "COMMERCIAL" PRIOR TO THE WORD "SERVICES" IN THE PARAGRAPH BEING DISCUSSED IN THE RESOLUTION. AMENDMENT SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. CM-34-2l7 August 8, 1977 (re Zo.Ord. Amend. re Office Category) Discussion followed concerning definition of services and Mr. Nies pointed out that the wording will not change the zoning at all. ~ffiIN MOTION TO ADOPT THE RESOLUTION AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN WAS SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. RESOLUTION NO. 170-77 A RESOLUTION AMENDING LAND USE ELEMENT OF THE LIVERMORE COMMUNITY PLAN. COHI1UNICATION RE THIRD ST. BIKEWAY A letter was received from the Livermore Bikeways Association thanking Mr. Parness for soliciting their comments concerning the Third Street Bikeway. They are aware of the parking problems in the downtown area but feel the existing bikeways are very help- ful to bicyclists and would not want any of them removed. It was suggested that the letter be referred to the Director of Public Works, as he has met with the merchants who originally requested eliminating the Third Street bikeway. If there is no resolution to the matter, satisfactory to all parties, perhaps Mr. Lee could supply the Council with a report on the item later. Mr. Lee indicated that a report concerning the area is under preparation at this time and the group will have an opportunity to review the report prior to discussion by the Council. Cm Turner noted that he had expressed concern for more parking in the Third Street area, that Third Street may not be an effective bike trail, and also that bike traffic should be reduced on Fourth Street. None of these items were addressed in the letter from the Livermore Bikeways Association. Mr. Lee was asked to present the items mentioned by Cm Turner, as well as the letter from the Livermore Bikeways Association, to the merchants during the next discussion of this item. APPEAL FOR VARIANCE - MIN. NON-STREET FRONT. (Frank C. Miller) Frank C. Miller, 4275 Stanford Way, has requested a variance to allow a change in the placement of a driveway and garage at 29l Junction Avenue which will serve duplexes to be built on the property which is zoned RG-l2. If the variance is not granted it means that their development plans will have to be altered and all of the property cannot be utilized. He is appealing the denial because he was not notified of the Planning Commission hearing on this item. Mr. Nies stated that the City records show that Mr. Miller was notified of the hearing on July l. CM TURNER MOVED TO REFER THE ITEM BACK TO THE PLANNING COMMISSION FOR HEARING ON AUGUST 23. MOTION SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. Applicant waived appeal period to allow discussions to start over. CM-34-2l8 August 8, 1977 REPORT RE MER- CHANTS PARKING LOT A letter was sent to Mr. Parness by Mr. Regan concerning their negotiations for the Merchants Parking Lot in which Mr. Regan indicates that the $820/month fee for a lease period of three years would be the only offer he would accept, as previously negotiated. Mr. Parness stated that in view of the contents of the letter it was felt that the item should appear on the agenda for con- firmation of the continuance of the parking lot surcharge and receipt of the letter as part of the official record. This item will be discussed on August 15th, at which time a full Council is expected. It is the intention of the Council to purchase the property for parking purposes through some type of financing vehicle, to be consumated at the earliest possible date. It was mentioned that the City intends to purchase the lot which will take some time and Mr. Regan would seem to have the choice of closing the lot to the public or allowing free parking with no rent paid for the property. Perhaps Mr. Regan would consider a 90 day lease arrangement at the current rental fee. It was then suggested that rather than pay nothing to Mr. Regan and possibly have no parking for the citizens, the City could continue with the current surcharge for the next lease year or during purchase time but hold harmless the merchants for any amount of money beyond the old $6l6/month amount. The comment was made that the Council had taken the position that the $616 was the absolute maximum amount the City would pay for leasing the lot, during the last discussion. It was then explained that the reason for this position was that the City has absolutely no means for raising the additional amount requested by Mr. Regan, and Mr. Parness was asked to explain this situation to Mr. Regan. If the City is negotiating for purchase of the property this should be completed in about three months and there is no reason the current fee should not continue for this length of time. The Council discussed the problem of the soon to expire lease and what should be done at this time, and how any increase in cost might be financed. Mr. Parness indicated that the City should be able to complete negotiations for purchase within 90 days and there is a small surplus in the parking fund to pay the extra $200/month for the new lease amount requested by Mr. Regan on a short term basis. CM STALEY MOVED TO DIRECT THE CITY MANAGER TO EXPLAIN THE CURRENT METHOD OF FINANCING AND THE CITY'S ABILITY TO RAISE REVENUE BASED ON THAT METHOD OF FINANCING, TO MR REGAN, AND TO ATTEMPT TO ARRANGE FOR EXTENfION OF THE LEASE BASED ON THE PRESENT ABILITY TO PAY WITH THE UNDERSTANDING THAT THE CITY IS INVESTIGATING A MEANS OF FINANCING PURCHASE OF THE LOT. MOTION SECONDED BY CM TURNBR, AND PASSED BY UNANIMOUS VOTE. ~he City Manager was also asked to keep the Council informed of any changes. CM-34-2l9 August 8, 1977 REPORT RE RESOLUTION RE MITIGATION MEASURES The City Attorney commented that he would be happy to review the changes in the resolution concerning mitigation measures with the three Councilmembers present, or the Council can wait until a full Council is present. It was concluded that this item would be continued for one week. RECESS Mayor pro tempore Kamena called for a brief recess after which the Council meeting resumed with members present as during roll call. REPORT RE SEWER CON- NECTION AGREEMENT REQUEST - Volponi Mr. Parness reported that Dr. and Mrs. John Volponi have applied to the County Board of Supervisors for a septic tank permit for property located at Evans and Concannon Boulevard, within the unin- corporated area of the County, to serve a single family residential unit they would like to build. This item was brought to the attention of the City Council a few weeks ago at which time denial of a septic tank was recommended, consistent with the City's policy of being opposed to any proliferation of septic tank installations in the vicinity of the City. The County has asked that the Volponis request a sewer connection from the City. It was noted that Valerie Raymond had been contacted concerning this item and she felt the sewer connection for the Volponi property would offer a buffer zone between the City and the property on septic tanks but she would not want lot splitting to occur on the five acres owned by the Volponis. Virginia Loewe stated that her only concern is that if the Volponis get a septic tank permit the property fronts on Concannon and Evans would be the side street and the County requires only a 10 ft. side yard setback. If the City ever decides to put in a fully improved street along Evans there would not be sufficient room because of the 10 ft. sideyard requirement. The City might consider allowing a sewer connection with restrictions to the side yard setback. The point was made that the City is experiencing problems in being ringed with septic tanks for properties that are not really rural in nature but rather consisting of five acres and municipal in nature and served by municipal services, i.e., schools etc. It was explained that it is County policy that any property within a certain distance from the City sewer line must request connection to the City's sewer system. The City Attorney noted that there are two problems involved with the request for sewer connection. One is the City's sewer alloca- tion policy which does not permit the extension of sewer service to outside properties for non-industrial/commercial purposes. Secondly, the City has no control over future land use on property located in the County. If the property were connected to the City sewer, there would be some control that could be exercised by the City. CM-34-220 August 8, 1977 (re Volponi Sewer Connection Request) Cm Kamena and Turner felt that they would have no objection to allowing a sewer connection for this particular application be- cause the property is bordered on three sides by residential property within the City limits and that the property seems to depend upon municipal services, but only if they agree to annex to the City. Cm Staley commented that he agrees that this one particular appli- cation is very unique and he would have no reservations concerning one application; however, the position of the City has consistently been that residential development should not take place outside of urban limits while the County has continued to allow urbanization to take place in this area by the allowance of septic tanks. It would be consistent with former policies to not extend the sewer connection unless the property annexes to the City, or to tell the County that the City feels this property should not develop until such time the City has the capability to expand sewer con- nections. In the event the County approves a septic tank permit the City could allow a sewer connection because another septic tank would add to the degredation of the underground water. Mrs. Volponi spoke to the Council about the problems connected with the property and added that she is not sure she would want to annex five acres of property with a signle dwelling to the City. It wouldn't be possible to have horses, cows, or other animals on the property if it were in the City limits and the tax structure for five acres in the City might be much higher. The Council agreed and the comment was made that if five acres were to annex to the City there would probably be pressure to allow lot splits with further development in the near future. CM TURNER MOVED THAT BECAUSE OF PRESENT SEWER CONDITIONS THE COUNCIL DENY THE REQUEST FOR A SEWER CONNECTION BASED ON THE GENERAL PLAN POLICY. MOTION PASSED BY UNANIMOUS VOTE. It was noted that the motion does not preclude a request for connection when there is sewage availability. REPORT RE REQUEST FOR LOT SPLIT - 2433 COLLEGE AVE. The City has received a request for a lot split for Tentative Parcel Map No. 2252, at 2433 College Avenue. The lot split would result in two frontages along College Avenue and it is the Planning Commission's recommendation that the request be approved, subject to conditions specified in Exhibit "A" of the P.C. report and filing of the Negative Declaration. ~ir. Nies explained that there is no intention for multiple development on either of the lots. CM STALEY MOVED TO ACCEPT THE RECOMMENDATION OF THE OUTLINED IN EXHIBIT "A". P~SSED BY UNANIMOUS VOTE. THE NEGATIVE DECLARATION AND ADOPT P.C. SUBJECT TO THE CONDITIONS MOTION SECONDED BY CM TURNER AND REPORT RE PRIVATE ACCESS ROAD - Connolly A letter was received from a resident concerning use of the Connolly private access roarlway which was referred to the staff for contact with the Connolly estate, to point out the need for a fence with a sign designating it as a private road and to discuss with LARPD possible restrictions. CM-34-22l August 8, 1977 REPORT RE INSURANCE SERVICE OFFICE GRADING The City Manager submitted a detailed report of the fire insurance grading done by the Insurance Office, for the City. The item was submitted for informational purposes only and was noted for filing. RESO. RE MEDEIROS PARKWAY GRANT The City Manager reported that the City received approval of a grant in the amount of $62,000 to be used as part of the Medeiros Parkway Project. The City intended to purchase the Woelffel but with the condemnation jucgement the City decided to rescind its offer. The state is willing to preserve the money for the City's claim until February 28, 1979, and it is recommended that the City Council adopt the form resolution awhich will appear on the Consent Calendar next week. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE STAFF WAS DIRECTED TO PREPARE THE NECESSARY RESOLUTION. REPORT RE PARKING STANDARDS RE HANDICAPPED PARKING - CO~~ERCIAL AREAS The Planning Director prepared a report on the City's standards for handicapped parking in commercial lots. For lots with less than 50 parking spaces, no handicapped parking is required, from 50-75 parking stalls requires provision of one parking space for handicapped, and lots with 75-99 parking stalls requires the installation of two spaces for the handicapped. Those lots having over 100 parking stalls are required to provide 2% for the handicapped. Mr. Nies explained that the standards have been adopted because there is a great deal of paper work involved in making provisions for spe- cifically designated areas for the handicapped, and public hearings are also required. Property owners could post signs indicating that a space is to be reserved for handicapped parking but the police offi- cers cannot enforce parking regulations without the public hearing. It was suggested that perhaps a percentage of parking could be provided upon the request of the applicant, for parking lots with less than 50 spaces, rather than requiring nothing at all. If merchants request parking for handicapped the City could notify them that if such is requested a public hearing will be set and the City will enforce the regulations. Jolene Abrahams, 737 El Caminito, stated that she spoke to the Council in the past concerning parking designations for the handicapped and would like to note that wheelchairs are from 2-3 ft. wide and long and handicapped parking spaces should be very wide to accommodate a wheelchair and an automobile. Most of the handicapped parking spaces in Livermore are too small and should be made wider. The new parking spaces should be made wider - almost the width of two parking spaces. Ms. Abrahams indicated that she would be more than happy to assist in any way possible and that she could make telephone calls or go to talk to people if this would be of help. CM-34-222 August 8, 1977 (Handicapped Parking) CM STALEY MOVED TO DIRECT THE STAFF TO TAKE APPROPRIATE ACTION TO ALLOW IMPLEMENTATION OF THE POLICY OF ALLOWING ENFORCEMENT OF THE PARKING WITH THE STANDARDS MENTIONED ABOVE, AND THAT FOR THOSE MERCHANTS WITH LESS THAN 50 PARKING SPACES, TO PROVIDE FOR ENFORCEMENT OF RESTRICTED PARKING SPACES UPON REQUEST. THE STAFF SHOULD ALSO SEND NOTICES OF INTENT TO ENFORCE PARKING RESTRICTIONS, TO THOSE MERCHANTS WITH MORE THAN 50 PARKING SPACES. MOTION SECONDED BY CM TURNER AND PASSED BY UNANIMOUS VOTE. CONSENT CALENDAR Report re Irrigation Materials Bids The Council adopted a resolution awarding bid to low bidders for materials for irrigation of the Civic Center site. RESOLUTION NO. l7l-77 A RESOLUTION AWARDING BID (Ewing Irrigation Products; R.V. Cloud Company; Bay Irrigation Company and Automatic Rain Company) P.C. Minutes - 7/26/77 The Planning Commission minutes for the meeting of July 26, 1977, were noted for filing. Resolutions re Levy to be Placed on Tax Roll The following resolutions were adopted as part of an annual pro- cedure allowing for certain levies to be placed on the tax roll and collected by Alameda County. RESOLUTION NO. l72-77 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY TO BE PLACED ON THE TAX ROLL TO BE COLLECTED BY THE COUNTY OF ALAMEDA. (Murrieta Boulevard Assessment District No. 1967-l) RESOLUTION NO. 173-77 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY TO BE PLACED ON THE TAX ROLL TO BE COLLECTED BY THE COUNTY OF ALAMEDA. (Portola Avenue Assess- ment District No. 1966-2) RESOLUTION NO. 174-77 A RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY TO BE PLACED ON THE TAX ROLL TO BE COLLECTED BY THE COUNTY OF ALAMEDA. (Lincoln Shopping Center Assessment District No. 1963-1) CM-34-223 August 8, 1977 (re Tax Roll Levies) RESOLUTION NO. l75-77 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY TO BE PLACED ON THE TAX ROLL TO BE COLLECTED BY THE COUNTY OF ALN1EDA. (Wagoner Farms Assess- ment District No. 1962-3) RESOLUTION NO. l76-77 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY TO BE PLACED ON THE TAX ROLL TO BE COLLECTED BY THE COUNTY OF ALAMEDA. (Northern Water Assess- ment District No. 1962-2) RESOLUTION NO. l77-77 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY TO BE PLACED ON THE TAX ROLL TO BE COLLECTED BY THE COUNTY OF ALAMEDA. (Northern Sanitary Sewer Assessment District No. 1962-l) RESOLUTION NO. l78-77 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY TO BE PLACED ON THE TAX ROLL TO BE COLLECTED BY THE COUNTY OF ALN~EDA. (Railroad Assessment District No. 1974) Resolution re Water Systems Policy The Council adopted a resolution approving a water service policy for water connections outside of the City limits. The resolution reflects action taken by the Council during a previous Council meeting with discussion on this matter. RESOLUTION NO. l79-77 A RESOLUTION ADOPTING WATER SERVICE POLICY FOR CONNECTIONS OUTSIDE OF CITY LIMITS Payroll & Claims There were 61 claims in the amount of $19,225.05, dated 7/l9/77 and approved by the City Manager. There were ll9 claims in the amount of $70,960.46, dated 8/3/77 and approved by the City Manager. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. CM-34-224 August 8, 1977 MATTERS INITIATED BY THE COUNCIL (Dickman Appeal re Truck Parking) Cm Turner asked that the appeal by James J. Dickman to allow a second tow truck to be parked at 3447 First Street (applicant's address) as part of a home occupation, be placed on the August l5th agenda for discussion by the Council. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE DICKMAN APPEAL WAS TAKEN FROM THE TABLE AND SCHEDULED FOR DISCUSSION ON AUGUST 15th. (Misc. Complaints) Cm Staley commented that he received a complaint from Doris Ryan about a traffic matter on Holmes Street and also a complaint from someone on Nadine about a home occupation. He stated that he will give the staff more information about these items after the meeting but he would like the staff to contact these people about the com- plaints. (Unsafe Conditions of Old Downtown Buildings) Cm Staley stated that during the discussion of the parking lot sur- charge, someone mentioned the unsafe conditions of the old buildings along First Street and he would like a report from the staff as to how any building deficiencies are being taken care of. The buildings have not been inspected for some time and it is probably time that they be reinspected. The staff will be reporting back on this matter. (Apportionment of Sales Tax) Cm Kamena asked the Councilmembers if they would like to support the letter received from Bob Graham of Rancho Palos Verdes, con- cerning local jurisdictions receiving a fair share of the appor- tionment of sales tax. The Council agreed to support the request and asked the City Manager to write a letter of support. (Business License re Commercial Rentals) A memorandum was submitted by the Director of Finance on the surcharge for commercial rentals and Cm Kamena asked that this item be placed on an agenda for Council discussion. (Muscular Dystrophy Bowl-A-Thon Week) Cm Kamena announced that Mayor Tirsell has signed a proclamation to proclaim the week of August 15th through August 2lst, as Muscular Dystrophy Bowl-A-Thon Week. Jolene Abrahams explained that she and her husband are the Muscular Dystrophy representatives in this area and that most of the cities CM-34-225 August 8, 1977 (Muscular Dystrophy Drive) in the United States are synchronizing their proclamations with the Jerry Lewis Telethon which will take place over the Labor Day weekend. She asked if it would be possible to change the dates on the procla- mation. It was explained that Granada Bowl and the bowling alley in Pleasanton are sponsoring the Bowl-A-Thon and they were the parties who had re- quested the specific dates. If Ms. Abrahams feels a proclamation is needed for different times she should contact the City Clerk who will be happy to prepare the necessary proclamation to be signed by the Mayor. ORD. INTRODUCTION RE HOFMANN PROPERTY (Murdell/Stanley) ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE ORDINANCE AMENDMENT CONCERNING HOFMANN PROPERTY (Stanley/Murdell) WAS INTRODUCED AND READ BY TITLE ONLY. This motion reflects discussion and decision concerning the first public hearing this evening. INTRO. OF ORD. RE ENERGY CONSERVATION ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE ORDINANCE AMENDMENT CONCERNING ENERGY CONSERVATION RELATIVE TO BUILDINGS, WAS INTRODUCED AND READ BY TITLE ONLY, WITH CORRECTION IN TITLE APPROVED. This matter was discussed on August 1st. DISCUSSION RE MUNI. CODE AHEND. RE LICENSES RE BINGO The Council briefly discussed the ordinance amendment relative to the business license as it pertains to bingo operations and asked for comments from people in the audience. Mr. Waldera stated that he feels the $50 fee should be reconsidered. CM STALEY MOVED TO TABLE THE ITE~1 FOR TWO WEEKS, SECONDED BY CM TURNER. MOTION WITHDRAWN WHEN MEMBERS OF THE AUDIENCE ASKED IF THEY COULD SPEAK. Mr. Word, 3854 California Way, stated that if the Boy Scouts want to play bingo for one night it couldn't be done because of the two week delay and the fee involved. Mr. Word was told that if there is a motion to table the item the points raised in the letter to the Council will be referred to the staff. MOTION PASSED BY UNANIMOUS VOTE. DISCUSSION RE LICENSE FOR OUTDOOR FESTIVALS The Council discussed with the City Attorney, the ordinance that has been prepared relative to license and fee for outdoor festivals. It was felt that the $5,000 bond for cleanup costs is excessive and that a $1,000 cash fee would be more reasonable. CM-34-226 August 8, 1977 (re Outdoor Festivals) The comment was also made that it would not be reasonable to charge a fee for functions presented by City committees or festivals for public purposes or anything funded by the City. It would seem reasonable to exempt those organizations under Category I of the policy adopted last week on City financial contributions. It would be fair, on the other hand to charge organizations making a profit from an event for the application and services involved. The City Attorney explained that this particular ordinance has been drafted as a regulatory measure and it is strongly endorsed by the Chief of Police. However, the City Attorney's office is concerned about not being able to attract some of the more desire- able activities the City would want to encourage. The Councilmembers expressed concern for the fee but agreed that some type of notification that an activity would be held is essential. Mr. Parness noted that this ordinance would allow a type of screening of applicants who wish to hold large gatherings of people, by the Police Department. The business license process does not allow this type of screening. The ordinance would pro- vide for precise and definitive regulations for larger outdoor civic or public gatherings. The Police Chief views the ordi- nance as a critical need. The City Attorney suggested that perhaps if it is the fee the Council is concerned about and large groups of people is the concern of the Police Department, a fee could be chosen that would reflect numbers of people to attend an event. It was the consensus of the Council to refer the matter to the staff for two weeks. CITY MANAGER STATUS REPORT Plaza Merchants Mr. Lee has met with the Plaza shopping area merchants relative to parking and traffic circulation methods in the area around Third Street, Fourth Street and Fifth Street, and to discuss traffic signalization at 2nd and "L". The Council has declared this intersection a top priority and proposals are coming from various engineering sources outside the City, for the signal. This item will be coming to the Council for discussion and a decision in the near future. Maple Street The reconstruction of Maple Street is 50% complete and Mr. Parness has been assured everything will be complete prior to the opening of school on September 7th. Noise Element The Noise Element of the General Plan has been processed by the Noise Committee and the draft has met with their satisfac- tion. A hearing will take place on August 23rd conducted by the Planning Commission. CM-34-227 August 8, 1977 (City Manager Status Report) CBD/General Plan The Planning Commission has been working on the CBD portion of the General Plan and they have not decided which design to relegate to Railroad Avenue, from "P" Street to "L" Street. As soon as they have come to a decision it will be referred to the Council for review. Multi-Service Center A decision has not been finalized as to the occupants of the Multi- Service Center but it is intended that the building will be self- supporting. Hopefully most of the building will be occupied by County offices which have direct relationships to social services and delivery of these services. Community Develop. Dept. Governor Brown has asked cities to inform him as to what future attractions and attributes might be available for industrial properties within their jurisdictions and particularly with respect to the Japanese automobile industry. The Director of Community Development amassed a lot of information on this subject with reference to this type of request. LETTER FROH LLL It was noted that a letter has been received from the Vice Chancellor of LLL which indicates that as the head of a committee to examine the appropriateness of the current operations of the Livermore Laboratory, a public meeting will be held at 7:00 p.m., Tuesday, August 9th, in Livermore. If any of the members of the Council would like to express their views individually or collectively, they should attend the meeting. In view of the fact there is not sufficient time to formulate an official opinion as a governing body, the Council declined to submit an opinion as a body but felt it would be beneficial to present personal views. It was then suggested that perhaps the staff could write to the Vice Chancellor asking if a position could be formed after the public meeting and the position forwarded by letter to that committee, and with a request that the comments from the meeting be made available to the Councilmembers prior to discussion of a Council position. ADJOURNMENT There being meeting was no further business to come adjourned at 11:lO p.m. ~j~ 1 before the Council, the APPROVE ~. ~ AilLiI Ha or ATTEST L 1 CH-34-228 Regular Meeting of August l5~ 1977 A regular meeting of the Livermore City Council was held on August l5, 1977, in the f1unicipal 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, Turner, Staley and Mayor Tirsell Absent: Cm Kamena (seated later) PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in edge of Allegiance. PROCLAl1ATION - Bowl-A-Thon Mayor Tirsell read a proclamation declaring August 20th as the day for Granada Bowl's 24-hour Bowl-A-Thon for which proceeds will go to the Muscular Dystrophy Association. MINUTES - 8/l/77 P. 2ll, under the item on motorized bikes it should be noted that the regulations are being studied by the Bicycle Associa- ~ion and the Planning Commission. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF AUGUST l, 1977, WERE APPROVED, AS AMENDED. OPEN FORUM (Illegal Signs) Ray Faltings, 1018 Via Granada, stated that he recently came back into town and noticed signs that are illegal and posted by realtors, along Las positas, Murrieta and Holmes Street. He felt the Police Department should instruct officers to remove the signs or to issue citations for violation of the Sign Ordi- nance. Mr. Faltings was told that the police Department has been asked to remove the signs. Don Miller stated that he agrees with the request to have the signs removed but he would also urge that citations be issued when owners go to the station to retrieve their signs. Cm Turner felt that enough warnings have been issued and that the City should take firm action to see that the signs do not continually reoccur over the weekend. Local realtors, as well as out-of-town realtors, have been informed of the City's re- strictions concerning the realty signs. It was mentioned that there is a problem involved because the local realtors see out-of-town realtors placing signs in the right-of-way and they feel that they should have the same privilege. CM-34-229 August l5, 1977 LEAGUE NOTICE RE VOTING MEMBERS The Council received notice of the League of California Cities annual conference with a request to designate voting members. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE HAYOR AND THE VICE MAYOR WERE DESIGNATED VOTING MEMBERS. BEAUTIFICATION COM- MITTEE RESIGNATION A letter of resignation from the Beautification Committee was sub- mitted by Tot Green and the staff was asked to write a letter thanking her for serving on the committee. COMMUNICATION - ACTEB/ ACAP APPRECIATION A letter of appreciation for the City's participation in the Public Service Employment program was received from Richard N. Oliver of ACTEB/ACAP. Letter noted for filing. TOUR INVITATION FROM SCHOOL DISTRICT The Council received an invitation from the Livermore School District, to tour its newly constructed facilities at five school sites. The tour will begin at 8:00 a.m. on Saturday, August 27th, at the Edu- cation Center on Las positas Boulevard. The Councilmembers will inform the staff, individually, if they plan to attend. RESPONSE FROM STATE WATER RESOURCES CON. BD. The Council received a response from the State Water Resources Cont'rol Board concerning reclamation of wastewater in the Livermore-Amador Valley, which was noted for filing. CO~~~UNICATION FROM ABAG RE AIR POLLUTION A letter of information was submitted by the ABAG Environmental Management Task Force, concerning the study they are doing for water quality and air quality management. They have offered to meet and discuss any questions or concerns the Council might have and would welcome suggestions. It was noted that the Council received a draft which consists of about 30 pages and that all Councilmembers have not finished the report. The matter will be discussed later as an agenda item and the staff was asked to give a copy of the plan to the Planning Commission for information and suggestions. DISCUSSION RE OZZIE DAVIS SIGN APPEAL Mr. Nies explained the appeal by Ozzie Davis Toyota for a 49 sq. ft. roof sign. The Planning Commission approved a roof sign of 33 sq. ft. CI1- 34 - 2 3 0 August l5, 1977 (re Ozzie Davis Toyota Sign) Mr. Nies noted that technically, the appeal is for a CUP to allow the roof sign and also for a variance to allow the 49 sq. ft. sign on top of the structure in the car lot. The Council needs to decide whether or not to grant the variance to allow the larger sign and also to grant the CUP allowing the sign to be placed on the roof. The Council discussed the item with Mr. Nies who answered questions relative to the Planning Commission's discussion of the sign. He indicated that the Design Review Committee reviewed the item and did approve the 49 sq. ft. sign. The P.C. found that the square footage cannot be accumulated from one_buildins to another on a 5ite and this is one of the reasons why the 49 sq. ft. was not approved. "* side of a building to another side M< ~~ ~1r. Davis stated that the trailer on the site is used permanently as an office and has been used as such for a year. When the First Street relocation is complete they intend to build an office on the lot when the tracks are removed and Maple Street is extended. CM KN1ENA WAS SEATED AT THIS TIME. The person who designed the sign for Mr. Davis spoke in favor of the larger sign and gave reasons as to why they feel the larger sign is justified. l) other businesses in the area have frontage that cover their whole lot and have large signs; 2) the large freestanding sign will be removed and he needs identification; 3) if they were in an industrial area they would be allowed to count street frontage. Originally they were told that they could have a sign of 64 sq. ft. but this was a mistake because they were accumulating frontage. The Council discussed the matter of the trailer and whether or not it is permanent or a vehicle and Mr. Davis indicated that it is not licensed. The Council concluded that it would prob- ably be considered a permanent structure and Mr. Nies was asked to determine the difference in the definition of a trailer and a building, as it relates to signs. Don Miller, 2862 Waverly Way, stated that it would appear the Council is trying to accommodate Mr. Davis in a way that the ordinance does not provide. The Sign Ordinance is very spe- cific about not allowing accumulation of frontage from one building to another and whether or not the trailer is permanent or not, is irrelevant. He has a building that qualifies for a 33 sq. ft. sign. Industrial areas usually have very large buildings and large signs would be reasonable but even then there are limits to the size of the sign allowed. At the time the Sign Ordinance was discussed used car lots were specifically discussed by the P.C. and the Council and the choice concerning sign size was deliberately made. He added that the Design Review Committee did not consider the archi- tectural aspects of a roof sign when they discussed this item. The portion of the ordinance relative to square footage was read which was followed by discussion as to interpretation. Mr. Miller asked the Council to review the long discussion held by the Planning Commission and the Council at which time this matter was discussed, to prove that both bodies were unanimously opposed to allowing accumulation. The City Attorney stated that she did read the Council minutes and no mention was made of accumulation that would be of any help to the staff in determining that particular aspect but the staff does agree that one cannot accumulate. If it is agreed that there cannot be accumulation, the other building has no relevance. CM-34-23l August l5, 1977 (re Ozzie Davis Toyota Sign) Mr. Davis stated that he is not interested in having a second sign for the trailer and he would agree not to ever apply for a sign for it. He feels they have demonstrated that he is entitled to the square footage and the variance. CM TURNER MOVED TO APPROVE THE VARIANCE REQUEST TO ALLOW THE 49 SQ. FT. BASED ON NEW INFORMATION THAT FRONTAGE CAN BE ACCUMULATED FOR THE TRAILER. It was noted that if square footage is based on the amount of frontage, a variance is not needed, because the 49 sq. ft. would be allowed. MOTION RESTATED BY CM TURNER TO APPROVE THE CUP TO ALLOW THE 49 SQ. FT. ROOF SIGN. MOTION SECONDED BY CM KAMENA. CM STALEY MOVED TO &~END THE MOTION THAT IT BE CONDITIONED UPON THE AGREEMENT THAT AS LONG AS THIS SIGN IS IN EXISTANCE THE APPLICANT WILL NOT REQUEST ADDITIONAL SIGNING SPACE FOR THE SECOND STRUCTURE, i.e., THE TRAILER. N1ENDMENT SECONDED BY CM TURNER. Mr. Davis stated that he intends to have the new sign up and the freestanding sign down within four weeks, if the new sign is approved this evening. Mr. Miller stated that he cannot believe what is happening this evening. The staff has not said that one can accumulate and when that portion of the ordinance was read it is clear that accumulating is not allowed. The Council has the prerogative of amending the Sign Ordinance to allow larger signs for used car lots, but there is certainly no justification whatsoever for granting a variance in this case. David Eller, 3797 Oregon Way, asked the Council to postpone a de- cision for a month in order to talk with the P.C. and review their minutes. Mayor Tirsell stated that she disagrees with the Planning Commission's original interpretation of how to deal with a used car lot. Just be- cause he is a businessman on the street with an open air business, there is no reason for him to be discriminat~d against. If he had salami hanging in the front window it would be obvious that he sells salami and yet if he were a grocery store the frontage could be counted. Nobody would think of going to the Lucky store and compute their sign on the basis of the office in the back, which is being done in this case. He is caught in the middle because the City doesn't want him to have a freestanding sign because the use fronts the street and even though the use fronts the street the frontage cannot be used to compute the sign - the office at the back is used in computing sign size and if there were no office on the lot he wouldn't be allowed any sign. A business is a business no matter how aesthetically pleasing, and it should be treated equally. I1AIN MOTION AND Af1ENDHENT WERE ~HTHDRAWN AT THIS TIME. ~ffiYOR TIRSELL MOVED TO GRANT THE VARIANCE FOR THE 49 SQ. FT., AND TO ACCEPT THE CUP TO ALLOW THE ROOF SIGN AND THEN TO REFER THE ITEH TO THE P.C. FOR A,'vlENDMENT OF THIS SECTION OF THE SIGN ORDINANCE SO THAT OPEN AIR LOTS ARE NOT USED IN A DISCRHUNATORY ~ffiNNER, USING THE CUP PROCEDURE. MOTION SECOlJDED BY 01 STALEY AND PASSED BY UNANIMOUS VOTE. A resolution will appear on the Consent Calendar next week. Cr,'1-34-232 August 15, 1977 REPORT RE HOME OCCUPA- TION PERMIT APPEAL (James J. Dickman) In January the Council considered the appeal of James J. Dickman to allow parking of two tow trucks on his property at 3447 First St. The Council continued the item until the Planning Commission had updated their Home Occupation provisions, which has been com- pleted. The provisions of the Home Occupation still limit the use to one tow truck. The comment was made that there seems to be little difference in whether one truck is parked in someone's back yard, or two. CM TURNER MOVED TO DISCUSS THE FINDINGS OF THE P.C., WITH SOME CHANGES, AND TO ACCEPT THE FOLLOWING FINDINGS: 1) The use of land authorized by this permit and any related construction or structural alterations must conform to all other City ordinances. In no case shall occupancy or use commence with- out the approval of Fire, Building, and/or Health Department as may be required, and without obtaining a business license from the City of Livermore, if required; 2) No signs to be permitted in conjunction with the use, either affixed to the premises or to any vehicle customarily stored on the premises except where such vehicle is stored in a rear yard or is en- closed by a building; 5) No noticeable movement of products, materials, machinery, or equipment in and out of the premises to be permitted in conjunction with the use; 6) Retail sales on the premises to be prohibited; 7)No conduct of business with employees, customers or clients to be permitted on the premises except by telephone, and except for home occupation involving tutoring, instruction, etc.; 8) Use to be revocable for cause. Upon receipt of a complaint or on observation of violation of City ordinance or zoning use permit conditions, the Planning Commission will hold a hearing and investigation to determine whether the use permit is to be revoked; 9) Permit to be granted for period ending December 3l, 1978; and ll) Only two tow trucks or similar type vehicle shall be permitted at the residence for use in conjunction with the subject home occupation, with size of vehicle to conform with the size currently in use, as the maximum size allowed. MOTION SECONDED BY CM KAMENA FOR DISCUSSION PURPOSES. During discussion on the above motion, it was mentioned that the City has already granted Mr. Dickman the privilege of having a home occupation in the CS Zone and now he is asking for every- thing. He would like to operate this as a business out of his home without any of the improvements that would be required for operating a commercial business in a CS Zone. MOTION WITHDRAl~. CM TURNER MOVED TO ADOPT THE RECOW1ENDATIONS OF THE PLANNING COMMISSION, AMENDING CONDITIONS 9 AND 11 AS FOLLOWS: 9) Permit to be reviewed by the Zoning Administrator in determining expiration date of permit; and ll) Only one tow truck or similar type of vehicle shall be permitted at the residence for use in conjunction with the subject home occupation, with zize of vehicle to be determined by the staff. MOTION SECONDED BY CM KAl1ENA AND PASSED BY UNANIMOUS VOTE. RESO. RE MITIGA- TION MEASURES The Council reviewed a resolution which incorporates the mitiga- tion measures concerning the LAVWMA Pipeline Project. ON MOTION OF CM STALEY, SECONDED BY CM KN1ENA AND BY UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED. CM-34-233 August l5, 1977 RESOLUTION NO. l80-77 A RESOLUTION RELATING TO THE LAVWMA EXPORT PIPELINE PROJECT AND THE TRANSLATION OF MITI- GATION PROPOSALS TO MITIGATION COMMITr1ENTS. RECESS Mayor Tirsell called for a brief recess after which the Councilmembers resumed the meeting. All members were present. REPORT RE STAFFING FOR POLICE DEPARTMENT A report was submitted by the Chief of Police concerning the need for additional personnel and the fact that on many occasions the Department is understaffed. Based on the number of hours per person per year, the Department loses approximately 3~ officers for the entire year. During budget session the Council discussed this item and it was concluded that there is sufficient turnover and the salaries saved during the time between a loss and a new hire would pay for an additional person. It is therefore recommended that the Council authorize the Police Department deputized staff to be exceeded by one, providing that the estimates for budgetary personnel costs will not be exceeded. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE STAFF WAS DIRECTED TO PREPARE A RESOLUTION AUTHORIZING THE POLICE DEPARTMENT DEPUTIZED STAFF TO BE EXCEEDED BY ONE, AS MENTIONED ABOVE. Ray Faltings, lOl8 Via Granada, suggested that in addition to placing more officers on the street, perhaps the City could avail itself of the type of assistance other communities have put into operation. He indicated that he read an article on community assistance and he issued a copy of the article to the Councilmembers. The Police Chief will respond to the article at a later time. REPORT RE CUP APP. FOR RECREATIONAL VEHICLE STORAGE The Planning Commission has reviewed a CUP to allow construction and use of a recreational vehicle storage area to be located on Northfront Road. Applicants are Gunar Liepins and Larry Bovitz. Based on the findings that the site is adequate in size, the proposed use is compatible with development proposed for adjacent properties and that other findings prerequisite to approval of a CUP can be made, it is recommended that the Council accept the Negative Declaration and approve the CUP. ON r10TION OF CM STALEY, SECONDED BY C~1 KA.MENA AND BY UNANIMOUS VOTE, THE PLANNING COMMISSION RECO~1ENDATION TO APPROVE THE CUP AND ACCEPT THE NEGATIVE DECLARATION WAS ADOPTED. The appropriate resolution will appear on the Consent Calendar next week. NOTICE RE LONE STAR INDUSTRIES BATCH PLANT The Planning Director notified the Council that the County Planning Commission will reconsider the application by Lone Star Industires CM-34-234 August 15, 1977 (re Lone Star Batch Plant App.) for a quarry permit modification to allow construction of an asphalt batch plant 2~ miles east of Pleasanton, due to im- proper notification. The hearing will take place on August 22nd. In discussing the item it was mentioned that there are presently two asphalt batch plants in operation by Lone Star and that there have not been complaints over this type of operation. Also, Fremont has a batch plant for which there have been no complaints other than the amount of traffic but in that par- ticular case the plant is closer to residential areas. The only concern raised by the Council was the fact that more uses allowed on the quarry sites will mean more traffic through Pleasanton, and also the quarries will one day be depleted. There has been no mention of implementation or repair of the quarries and some money should be set aside for future recla- mation, as a condition to permits approved. The Council previously sent a letter to the County asking that there be no action taken on the application, pending prepara- tion of an Environmental Impact Report and Mr. Parness felt it would be reasonable to send another letter retracting the original position, and pointing out the need for money to be set aside for reclamation purposes. The Council concurred. P.C. MEETING 8/9/77 The report concerning action taken by the Planning Commission at its meeting of August 9, 1977, was noted for filing. REPORT RE DESIGN WORK FOR TRAFFIC SIGNALS - 2nd & ilL" The Director of Public Works submitted a report on the design and construction of the Second Street/"L" Street traffic signal and requested that the Council authorize the prepara- tion of an a separate agreement for the design work in order to expedite the project. He has discussed the design work with a local engineer, Donald A. Torluemke, who has agreed to perform the design work at a price based on time expended but not to exceed $2,000. CM KAMENA MOVED TO INSTRUCT THE STAFF TO PREPARE A RESOLUTION AUTHORIZING RETENTION OF ENGINEERING SERVICES FOR THE SIGNAL. MOTION SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. Mr. Lee was asked to inform the Council of the expected de- livery date of traffic equipment after it has gone to bid. It is not anticipated that the street will have to be torn up because when Second Street was resurfaced the City instal- led the duct work for traffic signals. David Eller, Oregon Way, asked if the item will go to the Design Review Committee and he was told that it would not. The Design Review Committee reviews all public buildings. Mr. Eller stated that he would like to have the public works projects listed on the agenda for discussion because the galvanized poles at First Street/Livermore Avenue do not blend in. CM-34-235 August l5, 1977 RE BID PROCESS FOR MULTI-SERVICES BUILDING A letter from Ed Schilling, Assistant to the City Manager, indicates that the estimate on the construction costs for the Multi-Services Building, including bidding contingency, contractors contingency, and construction cost escalation estimates, will approximate the budgeted amount of $578,000. The estimate does not include the cost of building a trellis around the Barn or for the construction of a kiosk, which will be bid alternates. The estimate also does not include public works improvements which are being designed by the Engineering Department, will be bid separately, and budgeted for in the Capital Improvement Budget. Cm Kamena stated that for the record he would like to say that the Multi-Services Building is not, in contrast with news media articles, the top floor of the City Hall complex. The staff was asked to respond to the question of whether or not the patio area will be completed .and poured at the time the concrete work is done for the Multi-Services project. Mr. Schilling stated that he believes all of the landscape work and concrete work for that area will be included in the r1ulti-Services project. He will research this tomorrow and let the Councilmembers know, if this is not the case. The comment was made that the County may not locate in the Multi- Services Center but will be locating at Santa Rita and it is reasonable to expect court services to go to that area. However, the provision of services to people is very crucial and the City needs to strongly advise that the City will be operating a Multi- Services Center for the most disadvantaged people in the Valley. The City needs the County services to provide the full range of services needed by these people. Since Livermore has the majority of people to be served and the City is providing the building, the County does not need to duplicate office space and services at Santa Rita. f1r. Faltings suggested that the City also point out that there will soon be local transportation available and there may be no additional cost to those of Dublin and Pleasanton to take the bus to Livermore rather than Santa Rita. Mayor Tirsell stated that she would like Mr. Parness to accompany her to the County offices to discuss with Loren Enoch and Valerie Raymond, the importance of County offices locating in the Multi- Services center. ON HOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE STAFF WAS AUTHORIZED TO PROCEED WITH THE BIDDING PROCESS. REPORT RE HERITAGE RESOURCES INVENTORY ON MOTION OF eM STALEY, SECONDED BY C~1 KAMENA AND BY UNANIMOUS VOTE, THE REPORT FROM THE HERITAGE PRESERVATION COMMITTEE CONCE~~- ING PLANNED HISTORIC RESOURCES INVENTORY WAS POSTPONED UNTIL THE BUDGET SESSION. REPORT RE LAVWMA REVENUE PROGRA..M The LAVWr~ Proposed Financing Plan and Revenue Program was sub- mitted to the Council by the City Manager as prepared by consultants CM-34-236 August 15, 1977 (re LAVWMA Revenue Program) Stone & Youngberg. Mr. Parness indicated that the matter is for informational purposes and that generally speaking the figures are based on conservative estimates. Mr. Faltings stated that he would like to know if this will be discussed by the Council as an agenda item in the future be- cause he would like to know more about some of the specifics such as what the cost will be to the individual home owner, as Mr. Bodnar has estimated that the cost will be $31.25 annually, for 20 years. This amounts to $625 dollars, roughly, but in read- ing the document if the City pays for the project in two years there would be a cost of $108 per year or a total of $2l6 to each homeowner. Mr. Parness explained that Mr. Faltings' interpretation of the fees to the homeowner is not correct. The latter figure is the cost that will be needed during construction of the project which will amount to about $9 per month. The other figure is the amount that will be needed for maintenance and operation. The comment was made that the City had the option of paying as you go, or charging the project. Pay as you go is very expensive for local current residences and if the project were paid for in this way within the three years there would be no way of getting money for future connections from future resi- dents. All of the people in Livermore today would have paid for a project that would benefit everyone in the future. The City cannot charge people in the future for something that has been paid for. Mr. Faltings stated that he, personally, would rather pay a larger amount now than to be continually charged for some- thing over the next 20 years when he will be on a fixed income. It was noted that the matter could be debated for hours because it is a philosophical point of view. Mr. Tull, 2243 Linden Street, stated that the report and figures reflect only the bond cost and not what the Valley will have to pay on the capital costs, per year. He stated that there is a capital outlay cost of $7,04l,000 that has to be paid and using the same population figures and number of people per household, it would mean a cost of $l7.07 per month in addition to the current $6 per month for a total of $23.07 per month for 20 years. Mr. Eller stated that the point he feels Mr. Tull is trying to make is that the pipeline has a life of about 20 years, so at the end of the 20 years the City has to have the money to re- place the pipeline. Mr. Parness indicated that this is not true and the Mayor added that she has worked on the LAVWHA item for three years and she has talked to everybody on the State Water Quality Control Board, has testified five times and has never heard that statement. Mr. Parness explained that there are implements that do need to have replacement budgets attached to them, which are included in Table VI, but have no association with the pipeline. These are items such as parts for pumping capabilities, etc. Item noted for filing. CM-34-237 August l5, 1977 CONSENT CALENDAR Reso. re Lease Agree. w/Motorola Communications and Electronics, Inc. A resolution was adopted authorizing execution of a lease with Motorola Communications and Electronics, Inc., for communications equipment for the Police Department. RESOLUTION NO. l8l-77 A RESOLUTION AUTHORIZING EXECUTION OF LEASE (Motorola Communications and Electronics Inc.) Various Resolutions Reflecting Previous Council Action The City has agreed to enter into agreement with the Buenas Vidas Youth Ranch for the purchase of 700 bales of hay on a six-month installment contract. RESOLUTION NO. l82-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Buenas Vidas Youth Ranch) The Council adopted a policy statement concerning City participation in community organization-sponsored events. RESOLUTION NO. 183-77 A RESOLUTION ADOPTING POLICY STATEMENT ON CITY PARTICIPATION IN COMMUNITY ORGANIZATION-SPONSORED EVENTS. In April of 1974 the Council adopted a resolution approving the terms of a Land and Water Conservation Fund Project and will now amend the project agreement to extend the termination date of the agreement. RESOLUTION NO. l84-77 A RESOLUTION AUTHORIZING EXECUTION OF AHENDMENT TO AGREEHENT (State of Cali- fornia, Department of Parks and Recreation) The Council adopts the following resolution approving the Tentative Parcel Map 2252, for David R. Mercurio. RESOLUTION NO. l85-77 A RESOLUTION APPROVING TENTATIVE PAR- CEL MAP 2252 (David R. Hercurio) Reso. Rescinding Reso. re Water Shortage & Issuance of Bldg. Permits The Council adopted a resolution rescinding Resolution 55-73 which established regulations for the issuance of building permits during the water shortage. CM-34-238 August l5, 1977 RESOLUTION NO. l86-77 A RESOLUTION RESCINDING RESOLUTION NO. 55-73 WHICH ESTABLISHED REGULATIONS FOR ISSUANCE OF BUILDING PERMITS DUR- ING WATER SHORTAGE. 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 (Local Transporta- tion Design) Mr. Parness stated that at the Planning Commission Meeting of August 23rd, the staff will officially present a report on the first stage of the design for local transportation. He asked that the newspapers inform the public. MATTERS INITIA~ED BY THE COUNCIL (Temp. Buildings) Cm Dahlbacka stated that during the testimony concerning signs a temporary building (trailer) was the point of the discussion. He would like this referred to the P.C. for consideration be- cause some of the temporary buildings in the City are nice structures and deserve a sign. Other temporary building are unsightly and it would seem that the Council could use some guidelines relative to the types of signs they should have as well as definitions of temporary structures. The Council concurred and directed that the matter be referred to the P.C. with a request to specifically word the section so ~ not to allow an aggregate for two structures. .0 .?>.q~ ~-Q ".:t-l Co .'ousing <1 .:t~.:t~li.q().:t.l 'ilabili ty) C1. CI;.:t Co .0 <1.:t<1 ",ted that in reading articles concerning housing and ~ /s" lq ~ "'lent, he is coming to the conclusion that there \-,ill 1.. ~~ .l<1.:t .:t.qey 'vailable in the future for public housing. Cm DahlL, ~.lJ ~ c,q "the City should begin a program of preparednE::. 0.0>.0> /P.:t C1{: 'e funds might be available. He asked that this aL '.:t.o-l cl; {:.Q , to the P. C. for a report. ~ c,q~'p H.r. Parness askel... ~ p. ~ .lJ ()o 1,lowed to check into this matter before referring h.. .;!<>.:t ~~.&. ".ley .;ng Commission. Council concurred. ~.q():.qc .qoc ~ Ip, /Po <$l , Q; O"jltt.:t~~~ ~ ey ~ $~ ~_.qo{: o~ ~{:~ ~ .q~ (:.Q ~~ p.~ ~ 0-0 .o~o<>ey ~.q :.t.q .q~ ~.q() CM-34-239 ~~ ~ ~ey . August l5, 1977 (re Opening of Section of 1-580) Cm Staley stated that he attended a meeting in Supervisor Bort's office to discuss the opening of the new portion of I-580 through the Dublin area. Mr. Lammers from CAL-TRANS would like to make a presentation to the Council explaining what has been done in view of the Sierra Club's recommendations. Cm Staley suggested that the Council meet at 7:30 to hear the presenta- tion by Mr. Lammers, which will take place sometime in October or Sep- tember, as can be arranged. (Report re Septic Tanks) Cm Staley stated that he would be interested in knowing how many properties are in the rural residential areas that consist of less than lOa acres and may apply for a septic tank permit for development. Mr. Parness indicated that the County staff is preparing a report that will show this type of information and it will be presented to the Council when it is complete. (CBD Parking) Cm Staley noted that there should be a review of the requirements for the parking in the CBD. He requested that the Planning Commis- sion be asked to study the present parking requirements for this area. .Council concurred. (re Signs) Crn Kamena stated that it has been brought to his attention that the Zoning Administrator has issued citations to owners of complexes with illegal sized signs. He would like to suggest that the staff prepare a report containing recommendations or alternatives that could be used for signs of large complexes, on a temporary basis, and based on the size of the project. Cm Kamena stated that if this item is to be discussed by the Council perhaps the citations should be held in abeyence, pending the outcome of the discussion. It was concluded that the Council would prefer not to discuss a possi- ble change in sign allowance, but would like to have a list of those cited, at the next meeting. (Cease & Desist Order) Cm Turner stated that since the referendum period has passed, he would like to know what action the City is taking with respect to the Cease and Desist Order. It was noted that a letter has been sent to the Regional Water Quality Control Board pointing out that the City has complied with their requirements, as have the other two agencies. The Board will be meeting again in September, and someone from the staff will be in attendance. CH-34-240 August l5, 1977 (Zone 7 Meeting) Cm Turner stated that Zone 7 will be meeting tomorrow evening and they will be considering the request made by Chester Anderson that the Zone act as a discharger. Cm Turner would like to make the request that the Zone defer any action until the matter has been discussed by the City Council. It was explained that the Council did make a comment which was transmitted to Zone 7 and then referred to Committee and tabled. The matter is now being brought back for discussion. Mayor Tirsell gave public testimony when this was discussed last year, that the City would be opposed to additional dischargers in the Valley and she indicated that she would be happy to attend the meeting tomor- row night to present the same testimony. The Councilmembers indicated that they would like the Mayor to attend the meeting to present testimony on behalf of the Council. (Personnel Session) Mayor Tirsell announced that the meeting will be adjourned to a 7:00 p.m. personnel session next Monday. (LLL Contract) The Mayor stated that she spoke with Dr. Corothers from LLL, today, and he has confirmed that the City could submit comments in writing concerning the contractual arrangements between LLL and Berkeley. She would like to know if the Council intends to comment so that something could be prepared. Mr. Parness explained that at the last Council meeting the Council asked that he write to the Lab and the Committee, requesting a transcription of the testimony received at the meeting concern- ing this matter in order to assist the Council in assessing the item. Mr. Parness was asked if there is any difference in the amount of funding that might be available to the City, known as Impact Funding, if LLL were a federal operation rather than state, and Mr. Parness stated that the schools get Impact Funding for every child at present but he will check to find out if the amount would be greater if LLL were a federal operation. (League Meeting) em Staley asked if the staff has made reservations for Council- members for the League of California Cities annual meeting, as he was absent during the time reservations should have been made. Mr. Parness noted that the reservations have been made for all of the Councilmembers. (Meeting with Housing Authority Bd.) Cm Turner stated that the Housing Authority Board has asked to meet with the Council and he would like to set aside a date for the meeting. It was concluded that the Council would meet with them after they have selected a director, on September 19th, at 7:00 p.m. CM-34-24l August l5, 1977 INTRO. OF ORD. RE USE OF WATER & BLDG. PE~~ITS ON MOTION OF CM KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE ORDINANCE REPEALING ORDINANCES 767 AND 778, RELATING TO THE REGULATION OF USE OF WATER AND THE ISSUANCE OF BUILDING PERMITS WAS INTRODUCED N~D READ BY TITLE ONLY. ORD. RE HOFF~~N PDD ON MOTION OF CM DAHLBACKA, SECONDED BY CH KN~ENA AND BY UNANIMOUS VOTE, THE ZONING ORDINANCE AMEND~lENT CONCERNING THE HOFt1ANN COMPANY'S PLANNED DEVELOPMENT DISTRICT, WAS ADOPTED. ORDINANCE NO. 922 AN ORDINANCE Al1ENDING ORDINANCE NO. 442 OF THE CITY OF LIVERMORE, AS Ar'mNDED, RE- LATING TO ZONING, BY THE AJ1ENDMENT OF SECTION 19.15B, RELATING TO HOF~~NN COM- PANY PLANNED DEVELOPMENT DISTRICT, OF CHAPTER 19, RELATING TO PLANNED DEVELOP- MENT DISTRICTS. ORD. RE ENERGY CONSERVATION CM KM1ENA MOVED TO ADOPT THE MUNICIPAL CODE NmNDHENT RELATED TO ENERGY CONSERVATION, AS RELATED TO BUILDINGS, SECONDED BY CM TURNER. Mr. Gorland stated that the effective date and items regarding personnel training of the ordinance should be discussed by the Council. MOTION WITHDRAWN AND ORDINANCE POSTPONED FOR ONE WEEK. CITY r1ANAGER STATUS REPORT Water Rec. Plant The City has been contacting engineering firms for Phase IV of the Water Reclamation Plant expansion and he asked if any of the Council- members would like to be present during the interview process. i1ayor Tirsell stated that she would like to attend the interviews. Airport Secondary FBO The City-has received notice from various interests who would like to locate at the airport as a secondary FBO. The latest inquiry seems to have a greater potential and formal action may be taken in the near future for a second FBO at the airport. Administration Building The office quarters for the City Administration Building are in the final design stage. Unfortunately, there is not enough money to do everything the City had hoped to do and it appears that there will not be room for everybody. The City is also looking at the possibility of installing a different type of telephone system for the new building and interest is being renewed with the architect on the prospects 0f solar heating and cooling. The City has been in contact with federal offices that may have money available for this purpose. CM-34-242 August 15, 1977 Design of the Council chambers are being included, as an alternate, as per direction of the Council. State Grant App. The City has applied to the state for a grant to allow for staff additions, to include a grant administrator. One grant would provide for a unique addition or additions to a local transportation service and something that could not be afforded by the local entity but can be proven necessary. Two applications have been submitted with the hope tha~ the City might qualify and based on initial contacts with state officers, the staff feel there is promise. The City has made application for three local services that are of interest to the V.A.: 1) transportation to the V.A. and Chabot College: 2) sewer service for the V.A. Hospital area; and 3) fire services for the V. A. The other grant, if allowed, would permit building of a corporation yard for the transportation center. Title VI Funds There is a possibility that the Title VI Employee Program will be extended to last a full year which began last April. Originally, the funds were to expire in September. Fire Department The Fire Department is about ready to institute the Twin Valley Fire Academy which is one of a few in the state whereby fire training will be conducted here in the Valley on a circulating basis and will be staffed by the City's people, in addition to instructors from Chabot College. The course will last seven weeks which is soon to begin with 25 students. Assistant Chief Brown is the coordi- nator of the program which will allow students to graduate and qualify under the state directive as Firefighter I Classification and will qualify for a lateral transfer. 9ll Emergency System The 9ll Emergency Telephone System is in the final stages of implementation and some of the equipment is being installed in the Police Department. Everything should be ready by April of next year. This is a county-wide major installation and is the only one of its kind in the united States. ADJOURNHENT There being no further Council business the meeting was adjourned at 10:45 p.m. to a 7:00 meeting on Monday, Aug. 22, 1977, to diScu~:[personne1 matte~s. APPROVE ---J~L--y, 'Y-Yt c;Et~ Mayor ATTEST~ 1ty Clerk Li ore, California CH-34-243 Special Meeting - August 19, 1977 A special meeting of the City Council was called by t1ayor Tirsell for Friday, August 19, 1977, at 8:30 a.m., 2250 First Street. The purpose of the meeting was to discuss a personnel matter. Present: Cm Dahlbacka, Kamena, Turner, Staley and Mayor Tirsell Absent: None Mayor Tirsell called the meeting to order and immediately adjourned the meeting to an executive session to discuss personnel matters. -1/ j~~ 7'Y1 %~J~- r1ayor APPROVE ATTEST .d-.. C' Clerk rmore, California Regular Meeting of August 22, 1977 A regular meeting of the Livermore City Council was held on August 22, 1977, in the Municipal Court Chambers, 39 South Livermore Avenue, Livermore, California. The meeting was called to order at 8:05 p.m. with ~ayor Tirsell presiding. ROLL CALL Present: Absent: Cm Dahlbacka, Staley and Hayor Tirsell Cm Kamena and Cm Turner (both excused - vacation) PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councillmembers as well as those present in the audience, in the Pledge of Allegiance. OPEN FORUM (re Bus System) James Anderson with Bay Area Limousine Service, stated that he understands there will be bids for the bus system and he would like to express interest in becoming one of the bidders and to receive more information on the bus system. Mr. Anderson was referred to Hr. Schilling but was told that the City would probably have to contract with the Iluni service, AC Transit, or BART in order to meet the conditions of the UMTA grant. P.E. RE REZONING OF AREA ON EAST AVENUE (Dr. J. A. Owens) A request has been received from Dr. Jack A. Owens for rezoning of property on East Avenue from RL-5-0 to CPo The Planning Commission C~1-34-244 August 22, 1977 (re Rezoning App. - East Avenue Parcel) held a public hearing on the item and reviewed the application with the recommendation to the Council that the rezoning be approved on the basis that: l) The rezoning does conform to the intent of the General Plan; 2) would be compatible with other similar zoning in that area; and 3) would be applied to property found to be no longer appropriate for single family development. The P.C. also recommended that the Negative Dec- laration be approved. Mr. Nies stated that the applicant intends to expand his office which is adjacent to the property in question. Mayor Tirsell opened the public hearing and asked for testimony from the public. THERE BEING NO PUBLIC TESTIMONY, ON r10TION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANlr10US VOTE, THE PUBLIC HEARING WAS CLOSED. CM DAHLBACKA MOVED TO ACCEPT THE RECOrV1ENDATIONS OF THE P.C. TO ADOPT THE ORDINANCE REZONING THE PROPERTY AND TO ACCEPT THE NEGATIVE DECLARATION. r10TION SECONDED BY CM STALEY. CM STALEY MOVED TO AMEND THE MOTION TO INCLUDE DIRECTION TO REFER THE ITEM TO THE DESIGN REVIEW COMMITTEE, SECONDED BY CM DAHLBACKA AND PASSED BY UNANIMOUS VOTE. MAIN MOTION PASSED BY UNANIMOUS VOTE. ORD. REZONING PROPERTY ON EAST AVE. The Council moved to Item 7.4 on the agenda which provides. for the rezoning of property on East Avenue, in conjunction with the above item. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA, AND BY UNANIMOUS VOTE, THE ORDINANCE AMENDING SECTION 3.00 OF THE ZONING ORDINANCE WAS INTRODUCED AND READ BY TITLE. REPORT RE MUNICIPAL PARKING LOT FEE (2.3) The Council received a letter from Mr. Regan indicating that the owners of the Merchants Parking Lot have instructed him to reject any negotiations with the Council other than that agreed to originally - $820/month for a term of three years. The City ~1anager recommends that the Council approve the original figure of $820/month and authorize the staff to negotiate a lease extension for a term to expire on June 30, 1978. IT WAS THE CONSENSUS OF THE COUNCIL TO POSTPONE DISCUSSION OF THIS ITEM UNTIL SEPTEMBER 6, 1977, AT WHICH TIME A FULL COUNCIL IS ANTICIPATED. CM-34-245 August 22, 1977 COf\'L'1UNICATION RE PROPERTY TAX REFORM LEGISLATION A letter was received from Senator Holmdahl thanking the Council for its interest in property tax reform legislation. The City had asked that the bill include a reasonable property tax revenue limit and alternate revenue source options and Senator Holmdahl noted that there will be no opportunity for amendment when the conference report comes before the Senate but that a reasonable property tax revenue limit is one of the provisions under considera- tion by the conference committee. The Council felt there were questions in their letter to Senator Holmdahl that ".,ere not addressed - 1;tJhether or not he would support a tax reform bill that included reasonable revenue limits to both local and state governments and if he accepts the concept of an alternative source of funding, in the event the property tax is limited. The staff was directed to prepare a letter posing the questions men- tioned above. ABAG BULLETIN RE 208 ENV. MANAGEJ'lliNT PLAN A bulletin was received from ABAG concerning steps to be taken in implementing the 208 Environmental Management Plan, which included the plan approval schedule. Item noted for filing. CO~~UNICATION RE EAST COUNTY GOV'T. CENTER A letter was received from County Administrator, Loren Enoch, notify- ing the Council that his office is recommending to the Board of Supervisors that the East County Government Center be located at the Santa Rita site for court facilities and other county offices. It has been the Council position that the court should be located centrally in the Valley near a major thoroughfare and that it would be reasonable to select either the Santa Rita site or the Staples Ranch. The only problem with selection of the Santa Rita site is that Supervisor Cooper feels there should be ample commercial sup- port facilities around the Santa Rita site. The Council discussed the fact that the Santa Rita facility has been in existance for some time with hundreds of people working there and it has not required commercial facilities in the near vicinity but if there are county offices and court facilities in that area there will be people from the general public going in and out of the court and offices, which is not the case at this time. However, it would seem reasonable that some type of coffee shop or cafeteria should be available for people from the general public and employees, as part of the facilities. The Council reiterated support for Santa Rita site as the location for court and county facilities but that commercial/residential development should take place only inside existing municipalities. This position will be presented, verbally, by the Mayor at the next Board of Supervisors meeting. C1-34-246 August 22, 1977 REPORT RE REQUEST TO CONNECT TO CAL WATER SYSTEN The City Manager reported that Hr. and Mrs. Arthur Escoto have requested water connection for property located on Vasco Road, south of Scenic Avenue. California Water Company has a main line within 90 ft. of the property and have agreed to allow connection with the approval of the City Council. The City's main line is l700 ft. from the property and it is recommended that the Council approve the connection to California Water Service, as requested. The staff was asked if the connection would be consistent with the policy adopted by the Council in July, relative to extension of water service to outside properties. It was mentioned by the staff that the policy did not refer to this type of situation. The Council felt that if the connection is allowed, it should be made known that the City has no intention of paying for the pipe, in the event the City acquires the system from Cal Water in the future. In this particular case there will be the extension of a line only l~" in diameter but there will undoubtedly be future requests to connect to that system and the City should not have to pay for the lines. Mr. Nies reported that the property has not annexed to the City and that the General Plan shows single family residential for that area. The Council then discussed the area and how it relates to the General Plan, particularly with respect to the 1-580/Vasco Rd. interchange which may some day have intense commercial develop- ment. The point was made that if there is to be intense com- mercial development at the interchange area the density for residential should probably be high rather than having low density residential adjacent to commercial developments but this is another issue that should be discussed later. CM STALEY MOVED TO ALLOW EXTENSION OF SERVICE BY CAL WATER WITH THE UNDERSTANDING THAT IF THE SYSTEM IS INCORPORATED IN THE CITY SYSTEM, THE CITY WILL NOT REIMBURSE CAL WATER FOR EXTENSION OF LINES INTO THE CURRENT CITY TERRITORY. MOTION SECONDED BY CM DAHLBACKA. Joe Fitzpatrick, stated that the property is not within the City limits - it still remains in the County and most of the properties have single family dwellings with one acre parcels. MOTION PASSED BY UNANIMOUS VOTE. If Cal Water agrees with the conditions of the motion the resolution will be prepared by the staff as a Consent Calendar item. REPORT RE FBO LEASE REASSIGNMENT A request has been made by William Dougherty, Jim Vallee, and Raleigh Wirth to assign the fixed base operation (FBO) lease at the airport from the existing lessees to William Dougherty. The staff has no objection to allowing transfer of the FBO to Mr. Dougherty and recommends approval. CM-34-247 August 22, 1977 (re FBO Lease) Mr. Schilling indicated that the City is in the process of discussing a second FBO. A request was made that the Council be given more information about the financial stability of the remaining partner of the FBO since one of the reasons for the staff's recommendation to approve an FBO lease with the three partners was the stability of the three and their ability to make improvements. Jan Schuyler, attorney representing the partners of the PBO stated that at the time the PBO was negotiated there was assignment of the lease to the facility, from David f1adis, to the three indi- viduals. There were numerous requests as to what might be done by the three with respect to increasing the size of the facility but the negotiations broke down prior to assignment of the FBO lease. l1ithin the last several weeks the building has been repainted and r1r. Dougherty has paid for a Piper dealership. He is in a strong position having both the Piper dealership and the aircraft repair facility himself. It was pointed out that Mr. Dougherty does not need the approval of the City Council to have the sole responsibility but rather to release the other two individuals from any liability. CH STALEY MOVED TO CONTINUE THE ITE:1 UNTIL THE FIRST HEETING IN SEPTEHBER. ~lOTION SECONDED BY CH DAHLBACKA AND PASSED BY UNANI- HOUS VOTE. REPORT RE PROPERTY ACQUISITION - EAST AVE. The Director of Public ~10rks reported that several years ago the City widened East Avenue to four lanes with sidewalks on the north and south side. Due to substantial acquisition costs it was not possi- ble for the City to acquire a parcel at 7th and East Avenue and the property intrudes into the designated street width. The owner wishes to renovate the structure and have it reoccupied and it is recommended that the City Council authorize the conduct of an appraisal and necessary negotiations with the property owner for the requisite right-of-way to complete the East Avenue improvement, based on the appraised value. CM STALEY MOVED TO AUTHORIZE THE STAPF TO HAVE AN APPRAISAL MADE AND TO ENTER INTO THE NECESSARY NEGOTIATIONS FOR ACQUISITION OF THE PARCEL, AND TO REFER THE ITEM TO THE P.C. MOTION SECONDED BY CM DAHLBACKA AND PASSED BY UNANIMOUS VOTE. It was mentioned that work was done on that street just last year and it would seem that the property should have been purchased and then the work done. It was explained that the particular parcel being discussed was taken into account when the work was done, and the future setback was considered. CONSENT CALENDAR Reso. Auth. Police Officer Staff Addition A resolution was adopted authorizing employment of an additional police officer, as per previous Council action. RESOLUTION NO. l87-77 A RESOLUTION AUTHORIZING EMPLOYMENT OF ADDITIONAL POLICE OFFICER. CM-34-248 August 22, 1977 Reso. Granting CUP for RV Storage A resolution was adopted granting a Conditional Use Permit to Gunar Liepins and Larry Bovitz for construction and use of a recreational vehicle storage area on Northfront Road. RESOLUTION NO. 188-77 A RESOLUTION GRANTING A CONDITIONAL USE PER~IT (Liepins & Bovitz) Reso. Approving Variance & CUP (Ozzie Davis Toyota) The Council adopted a resolution granting a variance and a CUP for Ozzie Davis Toyota. The Council requested that there be an addition to the whereas clause to read as follows: "...furthermore, no additional signage is to be allowed for the temporary building on the site. II RESOLUTION NO. l89-77 A RESOLUTION GRANTING A VARIANCE AND CONDI- TIONAL USE PERMIT (Ozzie Davis Toyota) Reso. Amending Home Occupation Permit (J. Dickman) The Council adopted a resolution amending the Home Occupation Zoning Use Permit to allow a business of ice and storage of equipment in conjunction with a truck towing service as a home occupation. (Dickman). RESOLUTION NO. 190-77 A RESOLUTION AMENDING Hmm OCCUPATION ZONING USE PERMIT (C&J Tri Valley Towing/James J. Dickman) Reso. Auth. Agree. for Engineering Services (Torluemke) The Council adopted a resolution authorizing an agreement for engineering services for the traffic signal to be installed at Second and "L" Street. RESOLUTION NO.l9l-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Donald A. Torluemke) CM-34-249 August 22, 1977 Reso. Fixing Tax Rate for 1977-78 It was noted that the budget should show .885 for the General Fund and .13 for the Park and Recreation Fund for fiscal year 1977-78. Hr. Nolan explained that there has been a tax base increase to l7.9% which is higher than projected in April when the budget was discussed which will generate an additional $83,000 for the General Fund, etc. It was noted that under those circumstances and the basis of the expenditures agreed by the Council, it would seem there is no necessity to change the Park and Recreation Fund this year and the .l9 could remain as it is shown in the resolution. It was concluded that the Council could not support 199 for the Park and Recreation Fund when the General Fund is operated with 82~9. The l39 approved last June will allow some acquisition of property if needed. THE STAFF WAS ASKED TO tffiKE THE CORRECTIONS IN THE RESOLUTION FOR THE GENERAL FUND AND THE PARK AND RECREATION FUND. ON MOTION OF CH STALEY, SECONDED BY CM DAHLBACKA AND BY UNANPlOUS VOTE THE FOLLOWING RESOLUTION WAS ADOPTED. RESOLUTION NO. 192-77 RESOLUTION FIXING TAX RATE FOR FISCAL YEAR 1977-78 Reso. Rej. Claim (Jean V. Thomas, et al) The Council adopted a resolution rejecting the claim for damages for a wrongful death arising from an automobile/pedestrian accident on April 25, 1977. RESOLUTION NO. 193-77 A RESOLUTION REJECTING A CLAIM (Jean V. Thomas et al) Report re Personnel Rules Modification The staff has proposed that the probationary term for Fire Depart- ment personnel be extended from 1 year to not less than 1 year and that Police Department personnel probation be extended from 1 year to not less than l8 months, and that the Water Reclamation Plant operator-trainee be on probation until receipt of State certification. RESOLUTION NO. 194-77 A RESOLUTION APPROVING AMENDMENT TO PER- SONNEL RULES AND REGULATIONS C!1-34-250 August 22, 1977 Departmental Reports The following departmental reports were submitted for informa- tional purposes: Building Inspection Department - July Fire Department - Quarterly - April/June !10squi to Abatement District - June Water Reclamation Plant - July Payroll & Claims There were l30 claims in the amount of $227,358.73, and 308 payroll warrants in the amount of $lll,839.32, for a total of $339,l98.05, dated August l7, 1977, and approved by the City Manager. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA, AND BY UNANI- MOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. !1ATTERS INITIATED BY THE COUNCIL (Heetings & League) The Council were informed of various meetings they might want to attend and briefly discussed League of California Cities business. (LAVWHA Grant) Hayor Tirsell stated that LAvwr-ffi has accepted a reclamation grant from the State Water Quality Control Board and there seems to be confusion as to what the state would like to accomplish with the grant and what LA~~1A would like to accomplish with Zone 7. This item should be discussed and the state is recommending the establishment of two subcommittees to serve as policy advisory and technical committees. This item can be discussed on September 6th since she and Cm Turner need instructions as to how to react to the proposals from Zone 7. (MEAN Negotiations) Mayor Tirsell announced that an agreement has been reached with the !1unicipal Employees Agency for Negotiations (MEAN) relative to salary increases. ADOPT. OF ORD. RE ISSUANCE OF BLDG. PEID1ITS ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANI- MOUS VOTE, THE COUNCIL REPEALED ORDINANCES 767 AND 778 RELATING TO REGULATION OF WATER AND THE ISSUANCE OF BUILDING PEID1ITS. CM-34-25l August 22, 1977 Ord. re Issuance of Build~ng Permits ORDINANCE NO. 923 AN ORDINANCE REPEALING ORDINANCES NO. 767 AND 778, RELATING TO THE REGULATION OF USE OF WATER A..~D ISSUANCE OF BUILDING PER~UTS FOR NEW RESI- DENTIAL AND CERTAIN MANUFACTURING AND COM1'lER- CIAL BUILDING. INTRO. OF ORD. AMEND. RE BINGO CH STALEY HOVED TO INTRODUCE THE HUNICIPAL CODE .MiENDl\1ENT, CHAPTER 5B, RELATING TO BINGO, TO BE READ BY TITLE ONLY. HOTION SECONDED BY CH DAHLBACKA. Larry Sampson, 4373 Cornell Way, stated that he feels the $50 maxi- mum fee is reasonable but there are certain organizations that would be hurt by paying the fee, such as fraternal organizations or church groups, even if it is a one time fee. The one time fee is not a means of raising revenue and he would suggest that the fee be reduced. He stated that he works with the Livermore High School athletic group and a fee of $50 represents the cost of two or three uniforms for kids who want to participate. MOTION AMENDED BY CM STALEY TO ADD THAT THERE BE A $25 FEE FOR A ONE TIME EVENT AND A $50 FEE FOR TWO OR MORE BINGO EVENTS. r10TION SECONDED BY 01 DAHLBACKA. Mike Alton, 952 Saturn Way, suggested that if some group or organization is tax exempt they should be charged the $50. There are senior citizens who play bingo often as a source of recrea- tion and they do not make $50 a month or even in a year and he would like to see these people charged lO% of the original fee. The Council is looking at two types of groups - one is trying to raise money for some purpose and the other is using bingo for recreation. It was noted that senior citizens meet twice a month which would amount to a fee of only $2 per evening for this type of entertain- ment, and police investigation would be required on occasion. f1r. Alton stated that in speaking with the City Attorney of Brentwood he has asked ~1r. Alton to suggest to the City Council that in drafting the final version of the ordinance that the dollar amount be omitted and rather state that the fee will be the maximum as established by state law so that when the state changes the fee the ordinance will automatically change. Mr. Reiners noted that the Council can do this but the state will probably not change the maximum for some time. The only reason the City does not refer ordinances to the state laws is because that it refers to something citizens cannot review without having a full library of state codes. The argument was made that if the City sets its ordinances to reflect whatever the state decides the maximum should be, then fees can go up and up and the Council wouldn't be aware of increases. CM-34-252 August 22, 1977 Ord. Amend. re Bingo (Cont'd) MOTION TO INTRODUCE ORDINANCE WITH A $25 FEE FOR A ONE TIME EVENT, AND $50 FOR TWO OR MORE, PASSED BY UNANIMOUS VOTE. INTRO. OF ORD. RE PURCHASES ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA, AND BY UNANI- MOUS VOTE, THE MUNICIPAL CODE AMENDMENT RELATING TO OPEN MARKET PROCEDURE ON PURCHASES WAS INTRODUCED AND READ BY TITLE ONLY. ORD. RE ENERGY CONSER- VATION & REQUIRING INSULATION MATERIALS The adoption of the ordinance concerning energy conservation and related matters and property inspection was scheduled but the City Attorney has asked that the Council discuss concerns as to mandating structural improvements such as insulation materials, and the City's right to inspect for compliance, as well as a resolution authorizing a staff addition if the property inspection program is to be instituted. Cm Dahlbacka stated that he feels the ordinance should in- clude working to advise people of their rights and that the City has to show cause for inspection, even though there has never been an instance during attic fan inspections where anyone refused to allow the inspection. Also, there is no need for an additional inspection unless there is a change in the standards or some other valid reason. The City Attorney commented that if there is an automatic reinspection requirement at some arbitrary point, there will be more difficulty in issuing a warrant that there exists sufficient cause. It is much easier to uphold the require- ment for reinspection if the standards change, as suggested by Cm Dahlbacka. The Council concurred that the City Attorney prepare this ordinance as a draft and discuss the item for first reading on September 6th. ADJOURNMENT There being no further Council business, Mayor Tirsell adjourned the meeting at 9:45 p.m. to an executive session to discuss litigation. ~j~ /h ~~ Hayor APPROVE ATTEST ~ 'ty Clerk . ivermore, California CM-34-253 Regular '1eeting of Sentembe~_~l:..~77_ A regular meeting of the livermore City Council was held on September 6, 1977, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:05 p.m. with Mavor Tirsell presiding. ROLL CALL Present: Absent: Cm Dahlbacka, Staley, Kamena, and Mayor Tirsell Cm Turner (Excused for vacation) PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. rUNUTES 8/8/77 ON 'lOTION OF C~1 STALEY, SECONDED BY Cr1 KAHENA AND BY UNANIMOUS VOTE (Cm Dahlbacka and Mayor Tirsell abstaining) THE MINUTES FOR THE M.EETING OF AUGUST 8, 1977, WERE APPROVED AS SUBrUTTED. ~UNUTES 8/IS/77 P. 23l, middle of second paragraph should be changed to read as follows: The P.C. found that the square footage cannot be accumulated from one side of a building to another side and this is one of the reasons ~vhy the 49 sq. ft. ~vas not approved. P. 239, add a third paragranh to item concerning temporary buildings, as follo\vs: The Council did find that they could not aggregate from building to building with the present wording of the ordinance and if this were possible a variance would not have been needed. ON MOTION OF CM DAHLBACKl\, SECONDED BY 01 STALEY AND BY UNANPlOUS VOTE, THE lIHNUTES FOR THE ~1EETING OF AUGUST l5, 1977, NEREAPPROVED, AS AHENDED. OPEN FORlP1. (re Sale of City Property) f1arcus Lipkind, Livermore, stated that the City seems to be in a hurry to sell City property located on First Street because of the 30 day notice for receipt of bids for the property, and the conditions to the sale are prohibitive for many prospective buyers. '1r. Parness explained that the bid snpcifications were prepared by his office with the City Attorney, and a statement of valuation Has filed concerning the property but there ".vas no formal apnraisal because of time constraints. The City Attorney advised that the statement of valuation should be confidential information. It might be true that a small businessman might have difficulty in arranging for a loan within the 45 day time period but he did speak with Mr. Lipkind with the suggestion to condition the hid that it would take an additional 30 days, for example, to tra~sfer the amount proposed. It would then be up to the City to accept the contingency, or not. The item was discussed briefly and it was noted that the reason the building cannot be vacated for two years is because the offices can- not relocate until the City Administration building is complete. cr~- 34 -2 5 4 September 6, 1977 (Sale of City Property - Cont'd) The reason the City can't wait until the offices are vacated to receive the money is because the money is needed for new offices. ~~r. Parness indicated that if the Council wishes to extend the length of time for receipt of bids, they may so direct and an addendum will be sent to all prospective interested parties. It was generally felt that if an extension of time would facilitate the sale of the two buildings that this would be in the best interest of the City and the citizens. The City Attorney explained that there will not be an award of bid until the terms of the contract of sale have been drafted, etc. The bid process is for the purpose of reviewing proposals. Hr. Parness felt there would be no problem with allowing an extension of 30 days. The City Attorney stated that if the bid can satisfy the City's requirements as well as the bidder's requirements, this is what the City is looking for. It was noted that the City is interested in selling the buildings for the best price and best terms available for the City and not to accommodate any particular investor or business person. Cr1 DAHLBACKA HOVED TO EXTEND THE BIDDING PROCESS FOR AN ADDITIONAL 30 DAYS WITH NOTICES SENT AS AN ADDENDU~1, SECONDED BY MAYOR TIRSELL AND PASSED BY UNANIJIlOUS VOTE. (See also Matters Initiated by Councilmen P. 263) (Traffic Problem) Jerry Wilverding, 4886 Primrose Lane, stated that in the Springtown area near the Springtown recreation building the City has installed raised bumpers on the street. The motorists leaving the gasoline station in that area are making u-turns and they are breaking up the bumpers. He would like to request that the broken bumners be removed. COW1UNICATION RE COT\1~lITTEE RESIGNATION The Council received a letter of resignation from the Energy Con- servation Committee from Ronald L. Ritschard. The staff was directed to send a letter to Mr. Ritschard thanking him for his service on this committee. COMMUNICATION RE EPA RESOURCE RECOVERY SEMINAR A report was received from Lois Hill who attended the EPA Re- source Recovery Technology Implementation Seminar in San Jose on August l8th and 19th. ~1s. Hill summarized important facts she feels should be of help in the City's resource recovery plans: lvaste composition, Source separation and recovery of high grade office pape~. CM-34-255 Sentember 6, 1977 CO~1'mNIClI.Tlm! RE nTJCLEAR pm'JERPLAJ'JTS The Council received a cony of a resolution adopted by the City Council of San Diego on August lO, 1977, relative to Assembly Bill l852, which is an act to repeal Section 25524.l of the Public Resources Code relating to Nuclear Powerplants. Item noted for filing. COH~mNICATION RE PROPERTY TAX RELIEF A letter \'laS received from Assemblyman ,Jerry Lewis, thanking the City for its letter concerning the revenue limit formula being discussed by the Pronerty Tax Relief Conference Committee. Item noted for filing. co~~rmNIC}\TION FROH PACE RE SOLID WASTE ~1ANAGEHENT PLAN The City received a letter from the Political Action Coalition for the Environment (PACE) committee urging that the Council adopt a policy stating that Oakland Scavenger Comnany's proposed Davis Street, San Leandro transfer station is not in conformance wi th the Alameda County Solid t'7aste ~1anagement --Plan. Cm Dahlbacka, as a representative t() the Solid Haste Management Plan Committee explained that PACE is requesting onnosition to the proposed transfer station EIR as a means of dealing with the Altamont dumD site. No action has been taken by the Committee concerning the EIR and the matter has been tabled until such time as the EIR has been completed and San Leandro has made a decision. It was mentioned that the San Leandro transfer station would be needed for either the Vasco or Altamont dumns; it doesn't seem ~J~ll anpropriate to try to stop it in an ef:fort to forestall Al tamont. If~%~, Without the transfer statiorf~'Hfe.:l ett~r~ill never implement recycling-'iJI" because that is where the recycling will be done. It appears that the Altamont dumn will get the approval it needs and that PACE and those interested should stress the need for an incremental recycling requirement at the transfer station to be included in the EIR. Cm Dahlbacka stated that the Coruni ttee vlill be looking at the question of whether or not it is more efficient to have one transfer station at San Leandro or to have a separation center in Albany where there will soon be an energy refuse site where electricity will be generated in addition to a COuple of smaller centers scattered in the area. The matter will be reported by Cm Dahlbacka as develonments occur. cm1~mNICATION FROH LARPD RE OFF-STREET >,mTORCYCLE PARK LARPD has expressed interest in meeting with the Council to discuss their off-road motorcycle park feasibility study. The Council representatives will contact LARPD concerning this item. C~'1-31-256 Seotember 6, 1977 (LARPD Re Off-Street ~1otorcvcle Park - Cont'd) It was noted that LARPD should take into consideration the noise this type of park would generate and how it would affect nearby residences. CONTINUED DISCUSSION RE HERCHANTS PARKING LOT LEASE RATE The City Hanager reported that ~1r. Regan has stated his intent to reject any additional negotiations for a lease rate less than the $820 previously agreed to, for the Merchants Parking Lot. It is recommended that the staff be authorized to nego- tiate a lease extension at $820 per month for a term to expire on June 30, 1978. CM STALEY MOVED TO ADOPT THE RECO~~1ENDATION OF THE CITY ~ffiNAGER TO ENTER INTO A LEASE AGREEMENT FOR $820 PER MONTH, TO EXPIRE ON JUNE 30, 1978. ~mTION SECONDED BY eM KAMENA. It was noted that no surcharge is implied in the motion. Mr. Parness stated that he is very hopeful that the parking facility can be purchased in less than the nine month oeriod in addition to finding a financing vehicle that might be acceptable to those subject to the financing of the parking facility. The City Attorney stated that the problem with a short period of time is that property acquisition often takes longer than might be expected and he would be comfortable with a 90 day cancellation clause, as recommended by the City ~1anager. Hr. Regan has requested a 30 day cancellation agreement and it was felt that since the City does not want to renew the lease for three years the 30 day cancellation provision may be important to Hr. Regan. Mr. Parness stated that he would have no objection to the terms proposed by ~~r. Regan and that the 3n day cancellation provision is insignificant and he feels it is not a major concern. However, if this is a Council concer~ the lease can be prepared without any cancellation provision. The lease could be made to be revocable after successful negotiations for sale of the property if this occurs during the interim period. MOTION RESTATED FOR PURPOSE OF CLARIFICATION. ~10TION PASSED BY UNANP10US VOTE. Mr. Parness reported that the staff will be meeting with members of the Chamber of Commerce concerning preparation of material relative to purchase of the parking lot and something should be readv for public display within 30 days. Mayor Tirsell commented that the r~ayor of Santa Rosa has indi- cated that this type of parking district was established in the downtown area of Santa Rosa when the downtown commercial area had nearly gone under. He felt the parking district was the singularly most important thing they had ever done for their town and it was extremely difficult to accomplish but the merchants are convinced that it was the parking facilities that saved the downtown area. The Mayor of Santa Rosa has offered to escort members of the Chamber, the Councilor anyone interested, around the downto~m area to show what has been done. Cr-L34-257 September 6, 1977 REPORT RE CAL WATER CO~P~ECTION REQUEST The City ~anager reported that on August 22nd the Council approved connection of Cal Water Service to the Escoto property, provided that when the City nurchases the Cal Hater system it ~\'ould not have to be reimbursed for lines extended into areas normally serviced by the City. These conditions were not acceptable by Cal Water because they ~Nill have to extend a 6" main 90 feet into the Escoto property. When the condition was made by the Council it was assumed that a 1~2" line ~.,ould be used to extend service by Cal T'Jater. The City has no water service for that area and to provide water for the area it would cost the City $34,000, Cal Water could provide the service for $2,008. It was suggested that there is no way the City could provide water for the area at this time because there is not enough development to help pay for the cost of the line that would be needed to serve the area and perhans the property owners could go ahead and pay the $2,000 with the understanding that they would be reimbursed at the time the City is ready to provide service. Hr. Parness explained that Cal Tvater ~.,ill have to extend the 6" line about 90 ft. which would amount to a total of $2,000 and Cal Water would be willing to pay for the first 50 ft. The homeo,vner would be required to pay for only 40 ft. of line which would amount to about $800. The amount paid by Cal Water would be a capital asset credited on their books that would have to be paid back by the City, in the event the City acquires the system. In addition the Citv would have to reimburse the Escoto's for their share of the cost. The suggestion was also made that perhaps the Escotos would be willing to agree to waiving reimbursement of their share of the cost in the event the City does purchase the Cal Water lines in that vicinity. The City Attorney stated that one of the aspects that is making this matter difficult is the fact that another septic tank is involved and a problem of extending utilities and development into an area that is ultimatelv nlanned for a different use. It was noted that this particular area is not part of the General Plan area, and that the develo~ment or extension of service would not be inconsistent planning. Concern was exnressed for allo~vinq Cal Water to begin servicing an area in a piecemeal fashion that should be serviced by the City. It was concluded that perhaps some policy should be discussed as to which areas should be allowed to be serviced by Cal Water. C'1 KA'mNA ~lOVED TO ]\LLmJ CAL IvATER TO SERVICE TEE ESCOTO PR0PERTY, SEC0NDED BY C'} STALEY A?JD P!"\SSED BY U;-.JANr~OUS VOTE. REPORT RE ADULT r.ROSSING CoUAR!") _(Arlinoton/Las Posit~L There have been reneated reauests for an adult crossing guard at Arlington and Las Positas and this item was discussed at the June budget hearing at vlhich time the Council tentatively agreed to provide the guard. ON ~~()TIO~.T OF 01 DZ\HLBACKA., SECONDED BY CM STALEY N'JD BY UW\Nr10US V0TE, THE CROSSING GUARD IvAS APPROVED. C'1-- 34 - 258 September 6, 1977 REPORT RE LOT LINE ADJUST. REQUEST Lot line adjustments for property located at 415 North Livermore Avenue (Fracisco) and l8l6/l830 Chestnut Street (Koenig) have been requested and based on the findings that l) no new parcels are being created; 2) no additional development is anticipated~ and 3) the adjustment will reflect existing development, it is recommended that the Council approve the two requests. ~1r. Nies explained the lot lines to be adiusted using map illustrations of the areas. He noted that a variance was granted for the property on No. Livermore because a lot line adjustment would result in one lot of substandard size. The variance ~Nould not affect present use allowed. The City Attorney explained that this would merely be an adjustment of the lot line and would not be a subdivision of the property. Therefore, the variance granted by the P.C. would conform to existing facts and would not need further action. Mr. Nies noted that two steps are required: l) approval of the variance which was done by the P.C.; and 2) a resolution authorizing lot line adjustment. C~1 STALEY ~10VED TO ADOPT A RESOLUTION AUTHORIZING LOT LINE ADJUSTMENT FOR PROPERTIES ON NORTH LIVER~ORE AND CHESTNUT STREET, AS OUTLINED BY THE STAFF. ~10TION SECONDED BY CM DAHLBACKA AND PASSED BY UNANIMOUS VOTE. RESOLUTION NO. 195-77 A RESOLUTION AUTHORIZING LOT LINE ADJUST- MENT (Assessor's Roll 98-239-3-2, Miquelena Nunes) RESOLUTION NO. 196-77 A RESOLUTION AUTHORIZING LOT LINE ADJUST- ~lliNT (Assessor's Roll 98-245-7, Albert Koenig) COf1MUNICATION RE ENERGY ELEMENT The Planning Director noted that the Energy Committee was of the opinion that the Energy Element of the General Plan should state goals and policies and should not be a lengthy document. They visualize it as a guide to draft an Energy Ordinance which would be specific and detailed. Also the Committee would prefer to reference technical information rather than to attach such information as an appendix. The Committee requests Council concurrence with this approach and ~1r. Nies would agree with the approach. Cm Dahlbacka stated that as he recalls, one of the particular charges of the Energy Committee was to gather a data bank and he would like to request that this be made a separate document for energy planning in Livermore, but it could be referenced in the Energy Element. The comment was made that the energy information is very techni- cal and many people will not understand the information unless there are very good notes included, if it is referenced. CM-34-259 Sentember 6, 1977 (Energy Element Discus- sion - Cont'd) ~1r. Nies was asked to request the Energy Committee to keep minutes that are very clear and comprehensive so that they can be referred to the P.C. and in turn to the Council. Also, the P.C. should add complete minutes of their discussion of the item. P.ll. SET RE NOISE ELE~mNT TO GEN. PLAN The Council set a public hearing for adontion of the Noise Element to the General Plan, for October 3, 1977. P.H. SET RF. MINI- ~HJ'~ S IDE YARDS The Council set a public hearing for September 19, 1977, concerning a zoning ordinance text amendment relative to Section 5.42 - Hinimum Yards. PRESENT.l\TlmJ RE RIDESHARING PROPOSAL Don Torluemke, from LLL, and member of the Regional Ridesharing Steering Committee, feels that formation of a non-profit corpora-- tion to provide van leases to emplovers and employee groups is the best way to promote regional ride sharing with emphasis on van pooling. ~1r. Torluemke has prenared a sample resolution endorsing formation of the non-profit corporation and supporting its activities in Livermore. ~~TC "rill supply the funds necessary to make the program vJOrk. A member of the Steering Committee explained the advantages of van pooling from the aspects of reducing air pollution and reduc- tion of gasoline consumption. Hany companies are concerned about the insurance that might be needed, initial capital costs, and administrative costs but thev feel a program can be sold that can be altered and can be afforded by small companies. ON r~OTION OF C~1 STALEY, SECONDED BY CH KN1ENA AND BY UNANPlOUS VOTE, THE COUNCIL ADOPTED A RESOLUTION ENDORSING THE RIDESHARING PROGRN~A.ND THE ESTABLISmmNT OF A NONPROFIT PUBLIC CORPORATION. RESOLUTION NO. 197-77 RESOLUTION ENDORSING RIDESHARING PROGPA'1S REPORT RE LA V1;V~1A RECLA~,1ATION STUDY The City ~1anager reported that on August l3th the LAVI^11'1A Board voted to support the recommendation of the Zone 7 Liaison Com- mittee that LAVI~~ and Zone 7 jointly plan and manage the valley- wide Reclamation Study under the State's Group IV Program, and to refer the matter to the councils and boards of the LAmv~'~ agency. The ~1ayor explained that the state has approved a grant, subject to several conditions and the Council needs to discuss what approach should be taken. C~.1- 3 4 - 2 6 0 September 6, 1977 (LAm~ - Reclamation Study) It was noted that there has been a request from Gib Marguth of the Zone 7 Board, that this matter be postponed until he can be present to present some of the findings of the Zone 7 Liaison Committee. Mayor Tirsell stated that as a LAVWMA representative, this item will be discussed at their Thursday meeting and she really needs direction from the Council this evening. ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE ITEM WAS TABLED UNTIL LATER IN THE EVENING. RECESS Mayor Tirsell called for a brief recess after which the Council meeting resumed with members present as during roll call. CONSENT CALENDAR Request for En- croachment Permi.t The Council approved a request for an encroachment permit for closure of certain streets on October l, 1977 and October 2, 1977, between certain daytime hours to accommodate the Festival '77 activities. Reso. re Resur- facing Project The Council adopted a resolution awarding construction contract to Branaugh Excavating, Inc., for the 1977 Street Resurfacing Project. They were the low bid in the amount of $85,288. The project was estimated for $96,l80. RESOLUTIO;l NO. 198-77 A RESOLUTION AWARDING BID (Branaugh Excavating, Inc.) Reso. Filing Notice o~ Completion The Council authorized the filing of Notice of Comnletion for Fire Station No.4. RESOLUTION NO. 199-77 A RESOLUTION AUTHORIZING AND DIRECTING THE FIRE CHIEF TO RECORD NOTICE OF COM- PLETION RE FIRE STATION NUMBER 4. Reso. Auth. Settle- ment of Lawsuit The Council adopted a resolution authorizing settlement of a lawsuit concerning J & M Incorporated. RESOLUTION NO. 200-77 A RESOLUTION AUTHORIZING SETTLEHENT OF LAWSUIT (J & M Inc. v. City of Livermore) 01-34-26l September 6, 1977 P.C. Summary of Action 8/23 The Council received a Planning Commission summary of action from their meeting of August 23, 1977, for informational purposes. P.C. Minutes - 8/9 The Planning Coromission minutes from the meeting of August 9, 1977, were submitted for informational purposes. Payroll & Claims V23 & 8/31 There were 143 claims in the amount of $222,626.57, and 312 payroll warrants in the amount of $115,234,06, for a total of $337,860.63, dated August 25, 1977, and approved bv the Director of Finance. There ~"ere 92 claims in the amount of $127,375.74, and 307 payroll warrants in the amount of $1IO,526.63, for a total of $237,902.37, dated August 31, 1977, and ann roved by the Director of Finance. APPROV.A.L OF CONSENT CALENDAR ON MOTIOn OF C~1 KZ\"mNA., SECONDED BY cr1 STALEY AND BY UN.l\NP10US VOTE, THE CONSENT CALEND,l\R NAS l\PPROVED. 'mTTERS INITIATED BY THE STAFP (re FBO Lease Transfer) Mr. Parness reported that t~e lessees of the FBO at the airnort have been in contact with him to find out what additional information might be made availa~le. Cm Staley has SOMe information concerning the item and '1r. Parness has received the financial statement from the prospective lessee which is available for Coul'1cil review. He asked if there is anvthinq t~e Council would like in the way of infornation concerning the prospective lessee. Cm Staley noted that the Council oriqinally approved transfer of the FBO lease, based on representation made by the prospective lessees ability to operate the PBO and airport lease for the benefit of themselves and the City. He is concerned that this is really not a transfer of a lease but rather allowing two members of the group to be released from any liability to the City and allowing one member to go forward with the lease. He has had the opportunity to sneak with some of the members of the Airport Committee and he has ~ome to the conclusion that the Council should ask for advice from the Airport Committee in terms of what this might do to the plans for the airport and the ability of the FBO to contribute to the airport operations. They are meeting next rronc1ay and he \"ould suggest referring this item to them. It was the consensus of the Council that the item should be referred to the Airport Committee and that ~1r. Parness should give them as much information as possible without revealing confidential information. C'1-34-262 September 6, 1977 (LAmv~ffi Proj. Design) ~r. Parness stated that there has been a request from the LA~1A design engineers, concerning the interceptor line from Livermore to the VCSD plant, that there be a revision in the design of the line because the proposed route intersects two proposed Zone 7 flood control channel improvements. This would he an expensive design change and capital installation, but the cost can qualify for grant funding which would cover 87.5% of the cost; however the remaining l2.5% must be borne by someone. The remaining amount would range between $4,000-$6,000. Mr. Lee explained the location for the proposed inverted siphons, showing the proposed route on the map. ~1r. Parness stated that if the channels were in place, it would be equitable for the City to pay for installation of the inverted siphons; however, they are only planned and he feels the cost of accommodating those prospective channels should be borne by Zone 7. It was the consensus of the Council that accommodation of the channels is necessary, and that the City should pay for the cost of the inverted siphons but seek reimbursement from Zone 7. r1AYOR TIRSELL ~lOVED TO PROCEED WITH THE ENGINEERING NEEDED, PAY FOR IT ON A REGULAR SCHEDULE AND AT A LATER DATE SEEK REIMBURSEMENT FROM ZONE 7. MOTION SECONDED BY 01 STALEY AND PASSED BY UNANIHOUS VOTE. MATTERS INITIATED BY THE COUNCIL (Bid Extension) Cm Dahlbacka asked that the minutes reflect that the Council took action during open forum on an item that he was going to bring up. The Council voted to allow an extension of 30 days for receipt of bids for purchase of buildings on First Street owned by the City. (Environmental Com- mittee Business) Cm Dahlbacka stated that the League of California Cities Environ- mental Committee ~lOrked on a resolution submitted by the City of Davis in support of municipal energy conservation programs. The issue was whether or not cities will possibly be allowed to obtain grant funding for energy conservation programs above and beyond those offered by the utilities. At the League meeting the utilities were well represented with people arguing that the form of the original resolution, as submitted by Davis, was improper and would preclude utility offered orograms in cities on the basis of their options. The comoromise supported was the allo'~ance of the formation of a grant program to be levied by the Conservation Cost Adjust- ment, which is about to be made by the Public Utilities Commis- sion and would allow the PUC to set up a criteria and to give cities grant monies to embark on their own energy conservation programs relative to their local needs. A resolution has been distributed to the Council suoporting this program. 01-34-263 September 6, 1977 (Environmental Comm.) Cm Dahlbacka stated that he would like the Council to agree to write a letter of sunport to the Resolutions Committee and to the Environmental Quality Committee supporting the Environmental Committee's recommendation. ~1ayor Tirsell coromented that relief is needed frOM the tax assessor, for people ':1ho install solar energy devices. At present people are being taxed for these installations through home evaluations and this is thwarting all efforts to save energy. It is something that needs legislative action and she would suggest that this matter be discussed by the Environmental Committee. Cm Dahlbacka agreed that this is a very good point there has been nothing mentioned, to this extent. that such a resolution be prenared by the City and the Committee immediately. and as he knm'ls He would suggest transmitted to ~1r. Parness was asked to take care of the details, reflecting the intent of the Council. (East Bay Division League Meeting) CM Staley reported that there 'vill be an East Bay Division meeting on Saturday in Concord and there will be a Board of Directors meet- ing that Councilmembers may wish to attend. The purpose of the Board meeting will be to review resolutions and East Bay will be asked to take a position concerning guidelines for logo signs on highways. He took a position in favor of the logo signs, and the Council indi- cated that this is still the Council position. (Festival '77) Cm Kamena stated that the City has approved the encroachment to provide street closure for the Festival '77 events, and this year the Citv is being asked to designate someone to select the City's purchase awards, rather than leaving the selection to the discretion of the Cultural Arts Council. The Council felt there needs to be some discussion of this item because there will soon be a new City Hall and the awards will be displayed at the new location. The Council will have to decide on what type of art should be displayed, etc. The item will be discussed at the next Council meeting. U'1ayor I s Items) Mayor Tirsell stated that she has a number of items to bring up as ~1atters Initiated and asked that the Council continue with the remainder of the agenda and she will present these things later. DISCUSSION RE LAVN~12\ RECLA!\mTION STUDY ON MOTION OF 01 DAHLBACK1\, SECONDED BY C'1 STALEY AND BY UNANPlOUS VOTE, THE REPORT CONCERNING THE LA\rN1\~A ~ECLAT\1ATION STUDY HAS Tl\KEN FROM THE TABLE FOR DISCUSSION. Ct1-34-264 September 6, 1977 (LAV~vHA Rec. Study) The Council has received an alternate proposal for the structur-' ing of the LA~~1A Reclamation Study. At the time the second proposal was made by the Zone 7 committee, it was done without the knowledge that someone from the state was prepared to present a grant with specified conditions. ~lr. f1arguth explained that originally LA,\n~1A asked Zone 7 to participate in the study and the Zone's first reaction was that they were not interested. After reconsidering, the Zone felt there were many items they have discussed relative to reclamation that 'vould be of value in terms of pumping some of the groundwater for reclamation. The Zone 7 Board unani- mously agreed that it would be worthwhile to join LA'~~r1A in the reclamation study from the standpoint of adequately study- ing the issue of reclamation from one end of the system to the other. r1r. Marguth added that Zone 7 feels they cannot make a contri- bution with respect to being part of the technical advisory committee or the policy committee because they were not part of LAVW1A from the beginning in discussing the total scope of the study. Zone 7 may decide that the best solution would be to pump groundwater for reclamation with sending only the brine down the pipe, but this cannot be studied by Zone 7, alone, or by VCSD, alone. Zone 7 requested a meeting with the Liaison Committee from Zone 7 and VCSD during which time a joint study was discussed, and he talked with someone from the state the evening LAvw~m referred the matter back to the cities. They were aware that the grant application was in process and what the conditions would be, as well as the fact that the Plan of Study had been submitted about which Zone 7 had many questions. Mr. Marguth stated that after talking with people from the state it is his opinion that both the Regional Water Quality Control Board and the State Water Resources Control Board believe it makes sense for Zone 7 to participate and that thev would be receptive to an amendment to the Plan of Study that would result from a joint committee effort. It was noted that if there were a joint committee it would have no statutory authority as a lead agency. There would be no joint powers agreement or any statutory authority for proceeding. With the present arrangement, the Zone may participate in all in the technical advisory matters. Mr. Marguth was asked if the Zone's concern is that with the present format the question of groundwater reclamation would not be discussed and ~1r. ~arguth stated that there are members of the Board who want to see the Plan of Study amended and this would be the time to take care of amendments if the Plan is going to be amended. Mr. Marguth stated that if the Reclamation Study is going to be a LAVWMA study, the Plan defines the bounds. The Zone feels there is no need to rush into the study just because grant funds are available. Other agencies have been invited to take part in the technical advice, but since LAVWMA and Zone 7 are the water management agencies in the Valley the Liaison Committee felt the two agencies should conduct a joint study. CM-34-265 September n, 1977 (re Ll\Vt^P1A Rec. Study) Concern was expressed for the structure oroposed by the Liaison Committee because this would result in the formation of a nev! agency twice removed from the public, as it would be staffed by delegates appointed to the LA~~~HA Board and then from the LAVN~,[}\ Board to tl:1e l1eclamation Study Commi ttee. This vyould be the establishment of an agency not called for I v'i~'; v'}11ClL Ll\;:''l'':'71{A ITCM;- i~ mind. Un fortunatelv, Ll\'Ul:.:nU\ submi ttedja Plan and applied after Zone 7 turned them down and the state h s agreed with the application. LAVl-n1A was proposing that all a. encies involved ~ with water management be involved in the te.ch ical a.dvisory aspect,.~.. ~ and the Reclamation Study Committee vlOuld be villing to take all ".r,L . suggestions into consideration. I, I .,. J +. ; 1 t Q /. I [1 -t I O. V, bV -me. Jrti.. e Wa. er tAIL. I ry on ro poard,_ ''LA.YOR TIRSELL :10VED TO ADOPT TIm PROPOSAL FRm1 TIlE ST1\TE CONCERN- INt'; cm'1~HTTEE STRUCTURE. rmTION SECONDED BY O'~ DAHLBl\.CKA. It was noted that there is no intent to exclude Zone 7 from making any meaningful contributions to the program and LAV\'f'1A should accent the conditions by the state for the grant and move along in an existing structure in terms of LAv,;.rt.1\, and existing ,Joint Powers Agreement, and existing responsibilities well defined. This should facilitate the study more rapidly than if a new lead agency were formed at this time. Hr. ~utch, from the Zone 7 Board, stated that he would have to agree t>lith the comments expressed by the Council. ~10TION PASSED BY UNANn~OUS VOTE. CONTINUATION OF ~mTTERS INITIATED BY C()UNCIL~m~mERS (Cease & Desist) ~'[ayor Tirsell asked the Ci ty ~1anager \-vhen the Regional ~vater Quality Control Board will be considering the Cease and Desist Order. Mr. Parness stated that he made the request that their staff discuss this matter at their meeting in September but he received word this morning that it probably will not be discussed until their October meeting. (East Ave. Traffic & Transportation Items) '1ayor Tirsell stated that r1r. Torluemke, the LLL Transportation Coordinator, has expressed interest in traffic and transportation matters relative to East Avenue but is reluctant to attend the Council meetings to discuss these items because he is a Pleasanton resident. The t1ayor asked that the staff invi te ~r. Torluemke to attend Council meetings to offer his suggestions. (Alameda Co. Package Sewer Treatment Report) r1ayor Tirsell stated that before the Council works on the County's package se~'ler treatment report she would like to request that the Ci ty ''tanager contact EPA. The basis for the County report has some assumptions from the EPA "rhich are not clarified and the City should be informed on some of the specifics. Council concurred with the request and added that a letter should be directed to our regional EPA as well as the National EPA. C~1-34-266 September 6, 1977 (KPIX Editorial re New Town) Mayor Tirsell stated that she would like to discuss the matter of the KPIX editorial stand in favor of New Town. The City Attorney is involved, but the time the station offered rebuttal time was after the decision was to have been made by the Board of Supervisors. The first offer of rebuttal time was for Fri- day, following the vote on Thursday. Mayor Tirsell stated that she does not know if there is a legal position with the FCC but it seems that there is inconsistency relative to establishment of editorial positions. The City had notified all of the television stations, newspapers, etc., that the City was willing to give input and that the City had an abundance of material to present and requested that they contact the City prior to taking an editorial stand for the other side. KPIX wrote the editorial, issued it. and then offered a time for rebuttal after the decision. The City Attornev was asked to jot dmm some of the communication that took place and then contact the FCC with this information. The City Attorney explained that one potential problem is that KPIX did purport to have some evidence detailing part of the City's position, i.e., Supervisor George's position paper, but this would be up to the FCC to d~termine. (Office of Plan- ning and Research) 'layor Tirsell stated that the Office of Planning and Research has sent an Urban Land Policy that the governor's staff has nronosed. The Planning Commission has reviewed it but has not forwarded comments. There are tlVO voluminous reports on urban policy that will affect the City tremendously and she would like to propose a joint meeting between the Council and Planning Commission next Tuesday or Thursday evening to discuss the Office of Planning and Research Urban Land Use Policy and the Environmental ~1anagement Task Plan. (Calif. Reg. Qual. Control Board Report) Mayor Tirsell stated that there is another renort that needs to be discussed by the Council which is the report from the California Regional Quality Control Board concerning a policy which implements former policies on discrete sewage facilities and proposed developments. The second policy is that new discrete sewage systems should not be allowed where existing community sewage systems are reasonably available. The public hearing on this will take place on September 20th and the Council needs to discuss the matter prior to that hearing. (New Town) Hayor Tirsell stated that she is concerned about some things relative to the decision to be made by the Board of Super- visors on New Town, September 22nd. Supervisor Bort has asked the develoners for some specific information, but the Mayor feels CH-34-267 Seryternber 6, 1977 (re New Town) there is information the Citv can supryly that would be very bene- ficial in helping him come to a decisio~. 'ir. Engle, the City's consultant attorney, could draft a very concise letter about what specific planning is supposed to be. r1ayor Tirsell stated that as she recalls the purpose of AB l301 which passed in 1972, was for showing the exact sites for schools and other facilities. It \-lould be helpful if Haurie Engle could provide information and present it to the Board members. Hayor Tirsell added that people have questioned the fact of whether ~ew Town would be replacement growth or additional growth and it was concluded by the consultants that it would probably be both. New Tmm has to grm'l at such a rate that the private investment market will be cut. For quite awhile all of the Valley's growth would go to the New Town which means that the City's ability to comolete its General Plan will be diminished and investment capital needed for commercial and industrial development will be lost. Supervisor Bort has asked for an explanation concerning the statement that water t'lOuld not be avai lable for agriculture but it Vlould be available for urban development, as the two are contradictory. This matter will also be addressed in the letter to be prepared by the attorney. It might also be appropriate for the Attorney General to comment at this time, if that office would be interested if offer- ing some opinion, relative to the Youngblood case. }1r. Reiners felt it might not be possible to get an opinion from the .l\.ttorney General in tHO \'lc-cks. Item will be discussed at a later date. ORD. RE BINGO ()T\T ~mTIO:J OF C'~ ST1\LEY, SECO:mED BY C'1 K1V1EN1\ AND BY UN1\NPlOUS VOTE, THE ORDn~ANCE l\'mNmmNT RELATIVE TO Bn.:rGO WAS ADOPTED. ORDINANCE NO. 924 AN ORDINANCE AMENDING THE LIVERr~10RE CITY CODE, 1959, BY EN2\CTING .n. NEH CHAPTER 5B, RELATING TO BINGO GNmS ORD. RE OPE~,T r1ARKETS ON '10TION OF e1 STALEY, sEcormED BY C', KA'1EN1\ 1mD BY UTV\NPmUS VOTE, THE ORDINANCE NmNry,mNT RELATIVE TO OPEN 1\.1ARKET PROCEDURE ':-J1\S ADOPTED. { 'r .,:,'.~ ,. f ~..'r' "./; ORD. RE ZOo CHANGE ON r10TIOtJ OF C'1 ST.n.LEY, SECONDED BY C'~ KNmNl\ NJD BY UNANI'1OUS VOTE, THE ZmnNG ORDINANCE A'tEND'1ENT REFLECTING ZONING CIIANr;F,S REQUESTED BY DR. or'lENS (East Avenue) WAS ADOPTED. RESOLUTION NO. 9~f A:--T ORDINANCE l\'mHDING ORDINANCE NO. 442, AS N1ENDED, OF THE CITY OF LIVER'10RC BY Ar,mNDING SECTION 3.00 THEREOF, RELATING TO ZONING. c~~- 34 -2 6 8 September 6, 1977 INTRO. OF ORD. RE CARD ROOMS - "MINOR" PROVISIONS The City Attorney explained that the proposed change to the ordi- nance concerning card rooms, relative to minor provisions, is a change of hours to allow continuous weekend opening from Friday until Honday. These hours were recommended by the Chief of Police after reviewing the item with the Citv Attorney and operators of card rooms. The language in the old ordinance referred to "minor" and the ,^,ording for the new ordinance will refer to "age 21", so as not to create ambiguities. The third change concerns outdoor signs which were prohibited in the old ordinance. The staff felt the Sign Ordinance would control inappropriate use of signage. Lastly, it will be re- quired to post a copy of the ordinance whereas in the past only a small section of the ordinance had to be posted in the card room. The Council received a letter from Sigfried F. Snyder opposing the proposed hours for the card room. ON ~lOTION OF CH DAHLBACKA, SECONDED BY r1AYOR TIRSELL AND BY UNAND10US VOTE, THE ORDINANCE AMENDMENT TO THE CHAPTER ON CARD ROOMS WAS INTRODUCED AND RKAD BY TITLE ONLY. CITY ~.1ANAGER STATUS REPORT ~'1aple Street ~I(r. Parness reported that he has been assured that Maple Street \-,ill be paved Thursday, September 8th. "P" Street The portion of "P" Street that was disrupted with removal of remaining railroad ties will be paved within the next few days. This will be disruptive to the automobile traffic but this cannot be avoided. Railroad Avenue The extension of Railroad Avenue will be finished and will be ready for traffic use about the first of October. Springtown Pro Shop The Springtown pro shop is nearly complete. It will be ready for occupancy in about a week. The snack bar will take a little longer because some of the necessary items have not been available. First Street Overhead The First Street Overhead Project is about 60% complete. About $140,OOO is being withdrawn from t~e grant because of the conten- tion that there is an excess amount in the budget for inspection contingencies and one other category. The City is fighting this decision. CM-34-269 September 6, 1977 (Status Reports) Bus Routes The Planning Commission will hold a public hearing on bus routes which will take place tomorrow evening. f1ayor Tirsell stated that she has been receivinq comnlaints from people who are concerned that the City is already co~mitted to a fixed route for the bus system. The flexible route was a policy decision that should have been made by the Council, based on in- formation, but the matter has gotten so far along that this has been nrecluded. ~~r. Parness stated that dial-a-ride prospects were deleted from further consideration ahout four study sessions ago. This was discussed in detail and it was concluded that the only system that can be financed would be the fixed route system. There was a study done by the AC Transit staff which indicated that the City just could not afford the dial-a-ride type of system. Cm Dahlbacka stated that it was his understanding that the fixed route \~ould be established de~en~ing on usage in certain areas and Mr. Parness stated that this was not taken into consideration. The routes were established on the basis of density of urbanization but it is entirely conceivable that after six months of use the City may find that the routes should be modified slightly. Cm Kamena wondered if thought had been given to the increased need of the students for the bus system to Valley Campus and '1r. Parness explained that this was not included in the basic plan, but there is a new state program for vlhich applications have been submitted, which would provide grants for this purpose. It would allow a supplement to the local transit service for innovative service. ~1r. Schilling stated that the plan that will be discussed by the P.C. ShOvlS a route going to the campus area and demonstrates that the service to that north\vest quadrant of town is limited because of the length of the service to the campus. It also demonstrates an al ternati ve rout to the northv,est quadrant \"hich '-1Ould be allm'led if the grant funding were allowed. He added that in speaking with peonle from CAL Trans, it is not likely anyone \vill know if the grant will be approved until sometime in December. Crime Prevention Week The week of October lOth will be declared Crime Prevention Week and the Council ~lill be asked to adopt a proclamation. Home Savings contributed $750 and HEXCEL has contributed $250 for printed material to be used by the Police Department and other interested citizen groups during the week of October lO. The City is grateful for all the help received by Nrs. Sladky who is the citizen liaison for the Regional Criminal Justice Board. AD,JOURN~1ENT r1ayor Tirsell adjourned the meeting at ll:lS p.m. to an executive session to discuss personnel matter. 1\P P ROVE -~~'Lb,,--~------ ~ayor C~1- 3 4 - 2 7 0 Special Meeting - September 12, 1977 A special meeting of the City Council was called by Mayor Tirsell for Monday, September l2, 1977, at 7:00 p.m., 39 South Livermore Avenue, in the Council Chambers. The purpose of the meeting was to discuss a personnel matter. Present: Cm Dahlbacka, Kamena, Turner, Staley and Mayor Tirsell Absent: None Mayor to an Tirsell called the meeting to order and immediately executive session to discuss personnel matters. ~~Yh adjourned APPROVE SP:t~' A'J(V Mayor ATTEST City Clerk Livermore, California Regular Meeting of September l2, 1977 A regular meeting of the Livermore City Council was held on Sep- tember l2, 1977, in the Municipal Court Chambers, 39 South Livermore Avenue, Livermore, California. 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. MINUTES - 8/22/77 ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA, AND BY UNANI- MOUS VOTE THE MINUTES FOR THE SPECIAL MEETING OF AUGUST 19, 1977, AND THE REGULAR MEETING OF AUGUST 22, 1977, WERE APPROVED AS SUB- MITTED. (Cm Kamena and Cm Turner abstained from the minutes of August 22, 1977, due to absence at that meeting.) OPEN FORUM No public testimony presented. CM-34-27l September 12, 1977 P.H. RE URGENCY ORD. RE INTERIM ZONING MORATORIUM - CBD AREA The existing interim zoning moratorium for the CBD area was adopted September l3, 1976 and will expire September l3, 1977. The state statute permits a one year extension for the purpose of completing the General Plan for the subject area. It is recommended that at the close of the public hearing the Council adopt an emergency measure extending the ordinance for one year, effective immediately. No public testimony presented. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. Cm Turner noted that when the Council allowed the first extension for this ordinance he voted in favor of it, but reluctantly. He stated that the only reason he did vote for the extension was because the staff felt the General Plan for the CBD could be completed during the extended time. He would like to know, at this point, why it was not completed. Mr. Nies indicated that everything has been going along as scheduled and if everything goes according to schedule it will be adopted after the Planning Commission's public hearing in November. Cm Turner felt that because of the moratorium, it will affect new business that might wish to locate in the City of Livermore. In his opinion if the moratorium is extended a year it will take a year to complete the plan for that area. The Council originally extended it in January for four months with the understanding that it would probably be complete in the four months. It was pointed out that one of the problems was that the City was without a Planning Director during that time. The Council discussed the red and green areas on the map shown by the Planning Director and it was explained that only these two areas would be affected by the moratorium. The green area will not be allowed a change of use without a CUP, and for the red area any use beyond retail use would not be allowed without a CUP. The City Attorney commented that the statute allows for one four month extension; one eight month extension; and then one year extension. It was the consensus of the Council that a monthly status report would be very beneficial to the Council. ON MOTION OF CM STALEY, SECONDED BY CM KAliENA AND BY UNANIMOUS VOTE, THE URGENCY ORDINANCE EXTENDING THE MORATORIUM IN THE CBD WAS ADOPTED (Ordinance - Agenda Item 7.1) AND READ BY TITLE ONLY. ORDINANCE NO. 927 AN ORDINANCE OF THE CITY OF LIVERMORE EXTEND- ING FOR A PERIOD OF ONE YEAR, ORDINANCE NO. 987 TO PROHIBIT EXCEPT BY CONDITIONAL USE PERMIT THE APPROVAL OF CERTAIN USES IN THE "CG" ZONE AND TO PROHIBIT EXCEPT BY CONDITION- AL USE PERMIT THE APPROVAL OF ANY CHANGE OF USE IN THE "CB" AND "CO" ZONES. C~1-34-272 September 12, 1977 COMMUNICATION RE INSULATION STANDARDS A letter of opposition to the City's insulation standards was received from Orton K. Chappell, 2375 Chateau Way, Livermore. Mr. Chappell feels that the City should limit the requirement for certain insulation standards, attic fans, dead-bolt locks and termite inspection to new construction and major modifica- tions to existing structures. Cm Staley stated that he did not agree with the proposal for mandatory inspection because he felt this was intruding in terms of government regulation between the buyer and seller. On the other hand, there is some legitimate regulation that needs to be made to insure public safety and energy conserva- tion. It was noted that the lending institution requires the termite inspection and that the City does require dead-bolt locks, cer- tain insulation standards and attic fans in homes with air con- ditioning. The proposed ordinance (Item 7.2) changes the old ordinance which did not require and inspection if the structure did not have central air conditioning. At the time the Energy Conservation Ordinance was adopted the Planning Commission and Council felt the inspection requirement would apply to all homes, but that was not the language that came out in the ordi- nance and the Building Department was inspecting only the homes with central air conditioning or new construction. The new ordi- nance will apply the energy conservation standards to all houses with inspection of insulation and attic fans at the time of sale. em Dahlbacka, representative on the Energy Committee, reported .~ that a study of energy matters was done prior to adoption of~~ -~ R 19 and it was concluded. that homes in Livermore would notic~et~d& - ~, an average 20% reduction in fuel costs with R-19 insulation ~ standards; however, it depends on the particular architecture, style and construction of a home as to whether or not a 20% reduction is realized. The ordinance will allow the City to make a contribution to something that is a national problem. Mayor Tirsell stated that PG&E has indicated that the single most effective thing anyone can do to save energy is to have proper insulation. Richard Christmas, 394 Pearl Drive, stated that he would like to know what right the City has to tell a property owner that he has to do something to his own house. He stated that people were told not to use water so they didn't and the rates were raised. PG&E urged conservation, and now the rates have been raised. It was explained that the ordinance will not mean that everyone in Livermore will have to go out to buy insulation for their homes if they are not properly insulated but rather it will have to be done if homes are sold. Mr. Chappell stated that in his letter he noted that he is not against the merits of insulation. He is opposed to government interfering with regulation of standards relative to private property, as is Mr. Christmas. Everyone is concerned with energy conservation and a line must be drawn at some point when government starts becoming involved in this type of issue. He would also like to suggest that if it is required that it be the responsibility of the buyer because he may want a better attic fan or dead-bolt locks than those installed by the seller. eM-34-273 September 12, 1977 (re Insulation Standards) Paul Linnes, Killarney Street, stated that in some cases an attic fan may be detrimental, as in the case of a fire. If the fan is on a thermostat and a fire starts the fan would activate causing an added draft in the attic. Also, a dead-bolt is not a deterrent to burglars. It was explained that the Council is aware that the dead-bolt is not a deterrent to burglars but there is a significant amount of crime among youths and teens who, if given the opportunity to walk through the front door, do. If the dead-bolt is secure when the young people try the door they will not pursue entry; they go on to find a door that is open. Mr. Linnes stated that he would agree with the comments of the other citizens in that this is an item the City should stay out of. Louis Lockner, 697 Moraga Drive, stated that he would agree with the statements that have been made by the public. He feels the City has no right to go into his home to find out what is in his attic or anywhere else. He also objects to the City's hiring an additional inspector who will probably need a secretary, because this will mean additional money to come from taxes. The City Attorney was asked if there is anything in the ordinance that would preclude the buyer from paying for installation of the attic fan, etc., on the basis that the buyer may want a better quality. The City Attorney explained that what is required by the City is a report showing that the home is in compliance with the City's standards or requirements. If the buyer were to pay for the installation it would be a matter of private negotiation between the buyer and seller. Letter noted for filing. REPORT RE HOLDENER DAIRY SIGN During the last discussion of the Holdener Dairy sign, the staff was asked to assess the results of the requirement that the sign be placed in back of the property line, parallel to the street. The staff will present an oral report as to whether or not this placement is adequately serving the property. Mr. Nies explained that in visiting the area he observed that the sign is visible but the sign from the Pleasanton direction may not be visible as vegetation becomes larger. He would recommend that the sign be moved about 20 ft. closer to the street. Cm Turner observed that in approaching the Holdener Dairy from the direction of Pleasanton, traveling at 35 mph, the sign cannot be read and recognized in time to slow down and enter the property safely. From the other direction at the same rate of speed, the time and temperature sign is the first item that catches you eye, even in looking for the Holdener Dairy sign. Mr. Nies commented that in evaluating the area he feels it is more difficult to tsee the sign traveling in a westerly direction towards Pleasanton than from the other direction; primarily because of the time and temperature sign at the savings and loan office. He felt the visibility traveling east was improved with the location of the mock-up sign. CM-34-274 September 12, 1977 (re Holdener Dairy Sign) Cm Kamena noted that in going to the Holdener Dairy from First Street, he felt the sign was very difficult to see. The con- ditions have been met by the Holdener's and the sign is still not visible to the customers. CM KAMENA MOVED TO APPROVE THE VARIANCE FOR THE HOLDENER DAIRY SIGN, TO ALLOW THE SIGN TO BE LOCATED PERPENDICULAR TO ITS PRESENT POSITION. MOTION SECONDED BY CM TURNER. Following the motion there was brief discussion concerning time limit for the variance and it was noted that there was a condition that as long as the property remained agricultural zoning, the sign could remain. CM KAMENA INCLUDED IN THE MOTION THAT THE PERPENDICULAR SIGN WILL BE ALLOWED AS LONG AS THE PROPERTY IS ZONED AGRICULTURALLY, OR FOR AS LONG AS THE PARTICULAR BUSINESS IS IN EXISTANCE, WHICH- EVER COMES FIRST. AMENDMENT TO MOTION SECONDED BY CM TURNER. Elsie Holdener, stated that she was disappointed to hear that Mr. Nies felt the sign was visible. She stated that when she heard this she had polaroid pictures taken of the sign to illus- trate what the area does look like to motorists. She circulated the pictures to the Councilmembers. She reported that two of her employees conducted an impromptu survey of the Holdener Dairy customers this evening and if the Council is interested she has a list of the comments made about the sign by the customers. Jerry Wilverding, 4886 Primrose Lane, urged the Council to adopt the motion because he feels the Holdener's have suffered a loss when there has been no reason for the sign to remain parallel to the street. Mr. Patel, l44l First Street, also urged the Council to approve the request for the perpendicular sign. He stated that the present sign has even worse visibility than the previous sign. Tom Flemming, 850 Adams Avenue, is an employee of the Holdener Dairy and he helped take the customer survey. The customers were asked if the new sign were more visible and they could answer, "yes, no", or "what new sign?". The survey was con- ducted from l:l5 p.m. to 3:30 p.m. and 4 said they could see the sign better, 52 said they could not see it, and 14 people didn't notice the new sign at all. Without exception, everyone felt the sign should be turned perpendicular to the street. He read a few of the comments and presented the list of com- ments to the Councilmembers for review. Mr. Christmas, stated that he has been buying milk from the Holdener Dairy for 20 years and he hopes the Council will do something to help them. Cm Staley stated that he has driven the street a dozen times to observe the matter and he can see the sign coming from Pleasanton, but he cannot see the sign coming from the direction of Sambo's, in sufficient time to make the turn into the dairy. He stated that he really feels the main consideration is safety, and there are some special circumstances because of the speed limits and traffic on Stanley Boulevard. He would be opposed to perpendicular signs, in general, but he believes this is a unique situation which calls for a perpendicular sign because of the speed on Stanley Boulevard. CM-34-275 September l2, 1977 (re Holdener Sign) Cm Dahlbacka stated that when the Council discussed this item last time, he felt the Council had concluded that the determination would be left to the discretion of the Planning Director. The purpose of the experiment to move the sign back was to find out if it would be more visible for traffic coming from the Pleasanton direction, and just about everybody agrees that it is visible to the traffic. He will follow the recommendation of the Planning Director. Mayor Tirsell thanked the Holdener's for doing a good job with the experiment. They could have done things that would distort the facts but they were very fair and honest in allowing a true evalua- tion of the matter. The Mayor added that she has received many telephone calls from people who are concerned about the Holdeners and their sign problem and she realizes their customers feel affection towards the Holdeners and their use in town, and she can understand and agree with the sentiment of the customers. However, it is impos- sible to write an ordinance that everyone would be happy with. It was her understanding that it would be the staff that would review the matter and make a recommendation to the Council; therefore as a philosophical vote, she will vote against the motion. She stated that she has made a personal judgment and she personally would be in favor of helping the Holdeners. MOTION PASSED 3-2 (Cm Dahlbacka and Mayor Tirsell dissenting). A resolution approving the variance will appear as a Consent Calendar item. RECESS Mayor Tirsell called for a brief recess after which the Council meeting resumed with all members of the Council present. APPEAL RE ADDED SIGN FOR TOWN HOUSE MOTEL The Planning Commission reported on the request for a variance to increase the maximum allowable aggregate sign area from 94.5 sq. ft., to 196 sq. ft., at the Town House Motel property located on First Street, which was made by Mr. Patel. The Planning Commission reviewed the request and denied the variance on the basis that l) the granting of the variance would constitute a grant of special previlege; 2) the existing aggregate signing exceeds the maximum allowed signing. Mr. Nies responded, in answer to a question, that if the applicant were to remove the two existing non-conforming signs, the larger sign would be allowed without a variance. Mr. Patel stated that the two signs are not illegal because he has until December 7, 1979, to remove them. The two years will give him time to determine where the sign should be located. Guests at the motel cannot always see the sign and this is the reason he is requesting the variance. CM DAHLBACKA MOVED TO DENY THE VARIANCE APPEAL ON THE BASIS OF THE RECOMMENDATION OF THE PLANNING COMMISSION TO DENY THE VARIANCE, BASED ON THEIR FINDINGS. MOTION SECONDED BY CM STALEY. It was noted that approving the variance would grant a special privilege because the sign is non-conforming; to approve the var- iance would be approving a variance to a non-conforming sign. MOTION PASSED BY UNANIMOUS VOTE. Resolution will appear as a Consent Calendar item next week. CM-34-276 September 12, 1977 REPORT RE VARIANCE APPEAL - REDUCTION OF NON-STREET FRONTAGE Mr. Miller, 291 Junction Avenue, applied to the P.C. for a variance to allow a reduction of the minimum non-street frontage yard. The P.C. denied the variance and the matter was appealed to the City Council. When the item came before the Council Mr. Miller explained that he was not able to attend the P.C. hearing because he had not received notice and the matter was referred back to the P.C. for reconsideration. The P.C. reported that the applicant has requested a reduction of the minimum non-street frontage to relocate an existing residential dwelling, construct a two car garage attaching it to the single family dwelling by a breezeway and eventually develop the remainder of the property with multiple dwellings. The variance was denied on the basis that 1) the property is of sufficient size to allow placement of the garage to meet the setback requirements of the Zoning Ordinance, and 2) reducing the side yard setback where no exceptional or extraordinary property characteristics are found would constitute a grant of special privilege. Mr. Miller, home address 4275 Stanford, stated that the garage is 14 ft. from the fence and the City is requiring him to move the garage 20 ft. from the fence. He wondered if he has to move the garage. Mr. Nies commented that Mr. Miller has asked to change the set- back to 5 ft., and this would require the variance. The question is whether or not the City wants the garage within 5 ft. of the property line. The garage could remain where it is as far as the zoning but he is not sure if there are other problems in- volved relative to the Building Code. It was noted that the property was recently rezoned and the 20 ft. setback is required but this was done after the build- ing was already there making it a non-conforming side yard. Mr. Miller was asked why the City should allow the 5 ft. setback as he is requesting, and he stated that all the homes in that area are 5 ft. from the fence and there is an apartment building 8 ft. from the fence. The City is asking him to go 20 ft. from the fence. He stated that he cannot see his request as a grant of special privilege, when the houses are 5 ft. from the fence and an apartment 8 ft. from the fence. The Council explained that the zoning has changed for the property and the City permitted multiple zoning, as was requested by the owner at that time. Along with allowing multiple development is the condition that the side yard is a 20 ft. setback. CM STALEY MOVED TO UPHOLD THE DECISION OF THE PLANNING CO~MISSION AND DENY THE APPLICATION FOR VARIANCE, BASED ON THE FINDINGS OUT- LINED BY THE P.C. MOTION SECONDED BY CM TURNER AND PASSED BY UNANIMOUS VOTE. REPORT RE AMEND. TO ZONE 7 AGREE. The City Manager reported that in accordance with the Zone 7 contract for treated water supply, a rate increase cannot be reviewed except at the expiration of a 5 year term. The 5 year term expires December 3l, 1977. A determination as to a CM-34-277 September 12, 1977 (Zone 7 Agreement) change in the water rates must be set no later than 60 days prior to January l, 1978. Zone 7 wishes to change the agreement which must be approved by each of the 6 signatory agencies, to allow for a yearly rate review taking into account current evaluation of cost fluctuations. It is understandable that Zone 7 would like to have an annual rate adjustment but frequent rate reviews resulting in increases would have to be passed along to the City's customers and it would seem that this would not be in the best interst of the~public. For this reason it is recommended that the Council deny approval of the proposed contract amendment. The City Manager noted that this matter was brought to the City Council a couple of years ago and at that time it was decided that it would not be in the best interest of the community to amend the contract. One of the reasons that the Council made this decision was because it was during the interim period. Since that time there has been an escalation in prices, labor costs, etc. and there has been a change in the general economy, and he can sympathize with Zone 7's position. Perhaps there should be some type of base figure that would have to be observed by that agency in order to activate the annual adjustment. If factors could be justified to support a business increase cost of maybe 10% the rate adjustment process could be activated; for example. It may be possible for all of the agencies to sit down and work out some kind of mutually acceptable formula and contract amendment. It would be the recommendation of the staff to postpone this item and refer it to the staff for discussion. The City Attorney noted that this would mean an amendment to only a small portion of the agreement. What the Zone is asking for is a one year review rather than a five year review. Everything else is covered in the contract that was mentioned by Mr. Parness. CM DAHLBACKA MOVED TO TABLE THE ITEM, SECONDED BY CM TURNER AND PASSED BY UNANIMOUS VOTE. REPORT RE PROPOSED WATER STORAGE FEE ADJUSTMENTS The matter of industrial water storage fees was discussed at the Council meeting of July lIth at which time recommendations from the Industrial Advisory Board were reviewed. The item was referred back to the Industrial Advisory Board for reconsideration and they have recommended that the calculation for water storage fees be changed to 7~~ per square ft. of a non-residential building and that no surcharge be imposed for water consumption. The staff agrees with a storage fee based upon a rate of 7~~ per sq. ft., compared to the current rate of l5~~ per sq. ft. If the Council concurrs with the new fee adjustment the appropriate document will reflect the new rate and will be presented at the next regular Council meeting for adoption. CM STALEY MOVED TO DIRECT THE STAFF TO PREPARE THE NECESSARY DOCU- MENTS REFLECTING THE FEE ADJUSTMENT AND BALANCE OF DEVELOPMENT FEES AS RECOMMENDED BY THE STAFF AND INDUSTRIAL ADVISORY BOARD, FOR ADOPTION AT THE NEXT COUNCIL MEETING. MOTION SECONDED BY CM TURNER liHICH PASSED BY UNANIMOUS VOTE. CM-34-278 September 12, 1977 REQUEST FOR SEWER CONNECTION FEE WAIVER A request has been received from Valley Memorial Hospital to waive a sewer connection fee assessed against a new intensive care/coronary care unit modification at the hospital. The Municipal Code permits such a fee waiver at the discretion of the City Council and it is recommended that the Council adopt a motion approving the fee waiver, which amounts to $3,720. Mr. Parness reported that the contractor was required to pay the connection fee but he is to be reimbursed by the hospital. CM KAMENA MOVED TO ADOPT THE RECOMMENDATION APPROVING SEWAGE CONNECTION FEE WAIVER, SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. REPORT RE SAFE ROADS DEMONSTRATION PROGRAM (College/Fourth St.) The Director of Public Works reported that in July of 1975 the Council passed a resolution adopting the Federal Aid Safer Roads Demonstration Program. Since that time planning has proceeded to the point where staff needs further approval from the Council for right-of-way acquisition and a supplemen- tal budget allocation. The proposed street improvement project which will be 90% grant funded, is the channelization of the College Avenue/Fourth St. intersection. The estimated project cost is $47,500, the maxi- mum federal allocation is $37,600, and the City's share is esti- mated to be $9,900. One of the requirements is that the property be approved by a "certified agent". Such an agent is CALTRANS and it is requested that the Council adopt a motion authorizing CALTRANS to conduct the appraisal of the property and property acquisition negotiations and to authorize the following actions: 1. Authorize submittal of the project design with the appropriate state and federal offices by October 1. 2. Adopt a resolution authorizing execution of an agreement for appraisal and property acquisition work by CALTRANS ($1,913). 3. Refer the project to the Planning Commission for report. CM STALEY MOVED TO ADOPT THE STAFF RECOMMENDATIONS, AS STATED ABOVE, SECONDED BY CM KA~mNA AND PASSED BY UNANIMOUS VOTE. RESOLUTION NO. 20l-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (State of California) REPORT RE SEWAGE DISPOSAL SYSTEMS POLICY STUDY It was noted that the City manager has just placed the staff re- view of the Alameda County document relative to the County Planning Department's Sewage Disposal Systems Policy Study, and the Council needs to review the Regional Water Quality Control Board's new policy statement prior to discussing this matter. It was the consensus of the Council to postpone discussion of this item until after the Planning Commission study session tomorrow evening. CM-34-279 September 12, 1977 REPORT RE AUDITING SERVICES CONTRACT The City Manager reported that the three year auditing services con- tract with Bray & Burke will expire with the completion of the 1976-77 audit. It is proposed that an additional three year extension be allowed with a sliding maximum fee from $9,450 in 1978, to $lO,500 in 1980. The current auditing firm has provided excellent service to the City over the past 14 years and during this time on at least two occas- ions, the City solicited bid proposals from other qualified firms. CPA firms are basically opposed to the practice of submitting fee proposals and no other firm was found to have the same qualifications and work experience in local government auditing as Bray & Burke. It is recommended that the Council authorize the staff to prepare a contract extension for this service with Bray & Burke. The Council unanimously favored the bid process because there are local firms who might be interested in bidding and because the City seems to be getting away from the bid process in the way of extending contracts prior to expiration. Mr. Parness indicated that the City will direct the staff to proceed with the bid process for this service but he would note that CPA's feel they offer a professional service which should not be subject to the bidding process. As he recalls there were no responses the last time this item went to bid and the City contacted all CPA agenices locally and in the area that might have been interested. The comment was made that ACTEB has a list of CPA's that could do this type of auditing and they may be interesed in bidding if they are so informed. CM TURNER MOVED TO DIRECT THE CITY MANAGER TO PREPARE THE PROPER DOCUMENTS FOR THE BID PROCESS OF RETAINING A CPA FIRM FOR AUDITING SERVICES FOR THE CITY. MOTION SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. REPORT RE CONCANNON BOULEVARD BIKEWAY The Director of Public Works reported that Mayor Tirsell inquired about the possibility of providing a bikeway along the south side of Concannon Boulevard adjacent to the vineyards because of concerns raised by some of the residents in that vicinity concerning the fact there is no walking area on the south side of Concannon. The Director of Public Works presented a plan of the area show- ing four alternatives and the estimated costs of the alternatives. The item was distributed for informational purposes only. The Mayor commented that four women who were concerned about the problem along Concannon Boulevard reviewed the plans sub- mitted by Mr. Lee and would like to make a recommendation that the bikeway be extended to Tina Way and with a crosswalk at El Padro for Smith School and Mendenhall students to cross to the south side of Concannon to use the bikeway. The Mayor illustrated the bikeway route recommended by those residents who expressed interest which was followed by Council discussion. The recommendation was made that as a temporary measure the crosswalks could be painted on the street and the City could pursue acquisition costs for a strip of the vineyard for a bikeway for the school children. CM-34-280 September 12, 1977 (Concannon Bikeway) MAYOR TIRSELL MOVED TO ALLOW THE ON-STREET BIKE LANE ON THE SOUTH SIDE OF CONCANNON TO BE PAINTED IMMEDIATELY, INDICATING TRAFFIC TO TRAVEL EAST BY USING ARROWS. ADD THE CROSSWALK AT THE END OF EL PADRO TO CROSS CONCANNON, AND ADD THE Bunra NEAR TINA, IMMEDIATELY. THE STAFF IS THEN TO PROCEED WITH FINDING OUT WHAT THE ACTUAL LAND COST WILL BE TO BE INCLUDED IN BIKEWAY ACQUISITION COSTS, TO BE DONE AT A LATER DATE. MOTION SECONDED BY CM KAMENA AND PASSED BY UNANIMOUS VOTE. Ro. m p S ~~ ~ REPORT RE LEAGUE BOARD OF DIRECTORS COMPOSITION The League of California Cities Board and its respective divisions have been discussing possible revisions in the structure of the Board of Directors. The Council expressed interest in discussing this item so as to possibly voice an opinion at the forthcoming East Bay Division and League conference. It was mentioned that the matter has been referred to the Resolutions Committee and the Council does not know what alternatives are being considered. It appears that this will have to be taken care of at the convention. REPORT RE FESTIVAL '77 ART JUDGING Cm Kamena, as the Cultural Arts Committee representative, explained that the Cultural Arts Committee would like to have a City representative to select the two purchase awards for the City from among the art exhibits, rather than having the selection made by the Cultural Arts Council. It was suggested that there be an ad hoc committee whose job would be to inventory the type of items contained in archives and categorize them, as well as to form guidelines relative to annual purchases or other purchases for the City. The Council concurred with the suggestion. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COUNCIL DIRECTED THE STAFF TO FORM AN AD HOC COMMITTEE TO INVENTORY THE CITY'S ART COLLECTION AND RECOMMEND GUIDELINES FOR FUTURE PURCHASES. The Council asked that this item be discussed again in the near future. RESO. AMENDING EMPLOYEE SALARIES The Council adopted a resolution amending the salary resolu- tion for management and the mid-management City employees for the 1977-78 fiscal year and as agreed to by the MEAN employees, ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA AND BY UNANI- MOUS VOTE. RESOLUTION NO. 208-77 A RESOLUTION OF THE CITY OF LIVERMORE ESTABLISH- ING A SALARY SCHEDULE FOR THE CLASSIFIED AND UN- CLASSIFIED EMPLOYEES OF THE CITY OF LIVERMORE, ESTABLISHING RULES FOR ITS USE, AND RESCINDING RESOLUTION NUMBER 135-77 AND 163-77. CM-34-28l September 12, 1977 CONSENT CALENDAR Re Railroad Assess. Dist. Reapportionment Whenever property ownerships are divided in an assessment district, a segregation must be done. Such a parcel is contained within the right-of-way portion of the Railroad Relocation Project and it is recommended that the Council adopt a resolution, file a Noice of Order to File Amended Assessment, and Certificate of Mailing Notice. RESOLUTION NO. 202-77 MEMORANDUM OF PROCEEDINGS TO BE TAKEN BY THE CITY COUNCIL OF THE CITY OF LIVERMORE ON THE l2TH DAY OF SEPTEMBER, 1977, IN CONNECTION WITH RAILROAD ASSESSMENT DIS- TRICT NO. 73-3, CITY OF LIVERMORE, ALAMEDA COUNTY, CALIFORNIA. Report re Golf Course Elec. Transformer Purchase The Director of Public Works reported that about two years ago the City's electrical transformer burned out at the Las positas Golf Course and the City rented a replacement from PG&E. It has been determined that the most economical course of action is to purchase the transformer from PG&E for $559. It is recommended that the Council adopt a resolution authorizing execution of the Bill of Sale in the amount of $559. RESOLUTION NO. 203-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREE- MENT (Bill of Sale - Pacific Gas & Electric) Reso. re HORIZONS It is recommended that the Council adopt a resolution authorizing execution of agreement with Alameda County providing for the contribution of financial support for the HORIZONS program. RESOLUTION NO. 204-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (County of Alameda) Reso. re Agreement with CALTRANS re Hwy. 84 An agreement has been negotiated with CALTRANS for the performance of engineering design, project inspection and right-of-way acquisition needs for the First Street Relocation Project. Funding is contained within the City's federal grant budget and a resolution authorizing execution of a cooperative agreement is needed. RESOLUTION NO. 205-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (State of California and Transportation Agency - First St.) CH-34-282 September l2, 1977 Reso. Auth. Exec. of Grant of Easement It was recommended by the Engineering Department that the City approve the request by the School District for a storm drain easement located at the Christensen Park site in Greenville North. RESOLUTION NO. 206-77 A RESOLUTION AUTHORIZING EXECUTION OF EASE- MENT (Livermore Valley Joint Unified School District) Reso. Auth. Appraisal of Property on East Ave. The Council adopted a resolution authorizing appraisal of real property located along East Avenue as part of the East Avenue realignment project. RESOLUTION NO. 207-77 A RESOLUTION AUTHORIZING APPRAISAL OF REAL PROPERTY (East Avenue Realignment) P.C. Minutes & Summary of Action - 8/23 and 9/7 The minutes for the Planning Commission meeting of August 23, and the summary of action from the meeting of September 7, 1977, were submitted for informational purposes. APPROVAL OF CONSENT CALENDAR ON MOTION OF CMTURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED WITH DELETION OF ITEM 5.2 CONCERNING PERSONNEL SALE OF VACATION TIME. DISCUSSION RE SALE OF VACATION TIME A pOlice officer has requested permission to sell vacation time accrued which is in excess of the maximum number of hours a person is allowed to accumulate. Of the six weeks accrued he plans to use four weeks for vacation and would like to sell the other two weeks remaining on the books. The Council discussed the amount of money that would be involved in paying the officer for the two weeks and asked the City Manager how future requests can be eliminated by not allowing employees to accumulate vacation in excess of the maximum permitted. Mr. Parness explained that 200 hours of vacation time can be accrued and anything over that amount must be approved by the department head. Some of the Councilmembers felt vacation time should not be sold unless there exists an extreme hardship. Mr. Parness felt the City's provision for not allowing time to accumulate is reasonable and that there are very few employ- ees who accumulate excess vacation time. In this case the Police CM-24-283 September 12, 1977 (re Sale of Vacation) Department had too much of a workload for the number of employees and the officer could not take vacation because he was needed for duty. He did take some vacation and will be using four weeks of the amount accrued. There are times when the City has to make an exception because there is no alternative. CM KAMENA MOVED TO APPROVE SALE OF THE EXCESS VACATION TIME, AS REQUESTED. MOTION SECONDED BY CM DAHLBACKA. The argument was made that vacation time should not be sold unless there is an extreme financial need or unless vacation time will be lost if not used. MAYOR TIRSELL MOVED TO TABLE THIS ITEM, SECONDED BY CM STALEY WHICH FAILED 2-3 (Cm Dahlbacka, Kamena and Turner dissenting). MAIN MOTION PASSED 3-2 (Cm Staley and Mayor Tirsell dissenting). The staff was asked to reserve a place on the October 17th agenda for discussion of the policy concerning vacation accrual and selling of vacation time. MATTERS INITIATED BY THE STAFF (Executive Session) The City Attorney requested an executive session after the meeting to discuss personnel matters of litigation. MATTERS INITIATED BY THE COUNCIL (Reclamation Study - Zone 7 Participation) Cm Turner stated that he was not present at the meeting when the Reclamation Plan study was discussed, relative to Zone 7's participa- tion, and he is distressed that the Council discussed the item while he was not present. Hayor Tirsell explained that she asked that it be on the agenda because she was informed that LAVWMA would be discussing the item a few days after the Council meeting and she needed Council direction. Cm Turner stated that his suggestion would have been to ask LAVWMA for an extension and that the vote not be taken on the 8th, the Tursday after the Monday Council meeting. (Housing Authority) Cm Turner asked when the Council will be discussing items with the Housing Authority and it was concluded that the Council can meet with the Housing Authority on October llth at 7:00 p.m. (Cm Kamena) Matters initiated by Cm Kamena were not audible. CM-34-284 September 12, 1977 (re County policy Study re Discrete Sewer Systems) Mayor Tirsell asked the staff to send a letter to Diane Feinstein, Chairman of the Environmental Management Task Force, notifying her of the pending Alameda County policy study relative to Sewage Disposal Systems, and the California Regional Quality Control Board's possible policy change on discrete sewer treatment plants. The Environmental Management Task Force should be aware of the possi- ble change because of the potential problems with any environmental planning or any broad regional planning with the policy that may be established. INTRO. OF ORD. RE ENERGY CONSERVATION ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE ORDINANCE AMENDMENT RELATING TO ENERGY CONSERVATION WAS INTRODUCED AND READ BY TITLE ONLY, AFTER DISCUSSION. The City Attorney explained that the present ordinance mandates installation of an attic fan if the house is centrally air con- ditioned. The amended ordinance will require installation of an attic fan in all homes sold, not just those houses with central air conditioning which will reflect the original intent of the P.C. The new ordinance will also provide for an option to use a turbine ventilator, wind driven, rather than an attic fan. There has been elaboration of the technical components of the new ordinance. The question was raised as to whether or not the reimbursement schedule for inspections can be paid through escrow, and the City Attorney noted that the inspection is part of the report of residential building records which must be presented to the seller's broker prior to the sale can be consumated. The fee will have to be paid at the time of inspection. There was discussion concerning reimbursement and the City Attorney explained that the ordinance will not prohibit reimbursement to the buyer through escrow funds, but the ordinance cannot require reimbursement. The staff was asked to prepare a report as to reimbursement of the inspection fee and how this might be accomplished. The City Attorney commented that he has heard comments from the public to the effect that the City is overstepping its authority in this field and he would point out that the state is moving into this field more and more to regulate authority exercised by cities. It seems to be the intent of the legisla- ture to provide for some type of uniform building regulation for the entire state. Another amendment to the ordinance will be language added that will give the right to refuse inspection, after which the building official will have to go into court to get an admini- strative warrant to conduct the inspection. This provision will be specifically spelled out. CM-34-285 September l2, 1977 (Energy Cons. Ord.) It was noted that people have made complaints that the escrow is sometimes delayed because escrow cannot close without the inspection report. The City Attorney noted that he can see that this might be a practical problem; however, the ordinance does not address this type of issue because the ordinance does not deal with the mechanics of how the fee is paid. There may not be a problem with accepting a statement that there is a deposit in escrow that will cover the requirement. Jerry Wilverding, 4886 Primrose Lane, stated that he is concerned over the ordinance because he feels it is not all inclusive. He views the ordinance as a means of leading to a proliferation of similar ordinances under the same energy concept. People may someday have restrictions as to the wattage of light bulbs, automatic shut-off valves for heating systems and pilot lights for water heaters, etc. His concern is the extension of police powers into homes and he would like to know when this will stop. ADOPTION OF ORD. RE CARD ROOMS ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE ORDINANCE AMENDMENT CONCERNING RULES AND REGULATIONS CONCERNING CARD ROOMS, WAS ADOPTED. ORDINANCE NO. 928 AN ORDINANCE AMENDING CHAPTER 6A, RELATING TO CARD ROOMS, BY THE AMENDMENT OF SECTION 6A.13, RELATING TO RULES AND REGULATIONS OF THE LIVERMORE CITY CODE, 1959. CITY MANAGER STATUS REPORT First St. Overhead The First Street Overhead Project is proceeding ahead of schedule. The project should be completed by the 1st of November. Maple Street Maple Street was to have been paved today but was delayed. The street will be completed Wednesday. Railroad Avenue Railroad Avenue is to be paved beginning September 22nd. It is anticipated that the street will be finished and ready for traffic the week after is has been paved. Golf Course The City was able to construct three greens this year due to the increased amount of help the City has had. CM-34-286 September 12, 1977 Transportation Routing The P.C. met to discuss the routing for the new transportation system. The meeting was very constructive with many good sug- gestions expressed. The matter will be coming before the Council in the near future. ERDA Grant Application The City has been urged to submit a grant application for review by ERDA for the possible addition of solar heating for the new administrative office quarters. The City does not expect to receive grant funding from ERDA but the application is being made at ERDA's suggestion. Local Arrest There was an article in the newspaper detailing the events that led to arrest of citizens in a Livermore home where drugs were kept. This is an example of the fine cooperation and watchfulness being practiced by members of the public safety departments. The Fire Department was called to the home to check a gas leak and the person who entered the home recognized that the gas leak was not an ordinary gas leak. Action resulted in one of the biggest drug busts in Alameda County. New Fire Truck The new fire truck has been delivered and was to have been displayed but it will have to be seen later. Irrigation System The civic Center irrigation system is about to be started and it is anticipated that it will be complete in late October. CETA Progra~ The City now has 40 CETA employees. The cancellation date for their employment is this September and October, but they can be retained for an additional six months. Supervisors are being contacted to determine if this would be their recommenda- tion. ADJOURNMENT Mayor Tirsell adjourned the meeting at ll:OS to an executive session for the purpose of discussing personnel and litigation matters, and then to a study session at 8:00 p.m. on Tuesday, September 13th, in the Council Chambers. ~ Yh~A<llV. :r;;rayor APPROVE ATTEST C1ty Clerk Livermore, California CM-34-287 Adjourned Regular Meeting of September 13, 1977 An adjourned regular meeting of the City Council of the City of Livermore was held on Tuesday, September 13, 1977, in the Council Chambers, 39 South Livermore Avenue, Livermore, California. Present: Cm Dahlbacka, Kamena, Turner, Staley and Mayor Tirsell Absent: None Mayor Tirsell called the joint study session with the Planning Commission to order at 7:05 p.m. for discussion of ABAG's Regional Plan. The update of the Plan was reviewed with various suggestions or comments concerning the document, as follows: l. Livermore supports the revised statement on new communities. 2. Concerning the section on the Livermore-Amador Valley, the City of Livermore has the following comments: a. The last statement on page 3 of the section should state: "It should also be noted the City of Livermore Plan shows increased densities." b. The following sentence be added to the second statement concerning non-urban uses on page 4 of the section: "Devise and publicize devices to provide tax relief for these uses." c. The City strongly supports the third statement on page 4 of the section which states: "Forbid the creation of new urban service entities or the extension of existing ones outside adopted Spheres of Influence of entities in the Livermore- Amador Valley." There was discussion of SB 201 which would allow a "permissive" fee on new residential construction to alleviate overcrowding in schools. ON MOTION OF CM DAHLBACKA, SECONDED BY CH STALEY AND BY UNANIMOUS VOTE THE CITY OF LIVERHORE STRONGLY SUPPORTS SB 20l. There was discussion concerning County Sewage Disposal Systems Policy Study. The City Manager's report on this item was reviewed and possible responses to the study were discussed. ON MOTION OF C~1 STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE CITY OPPOSES DISCUSSION ON THE STUDY UNTIL THE PROPOSED GENER~L PLAN AMENDMENT IN THE LIVERMORE-AMADOR VALLEY IS SETTLED. ADJOURNr-1ENT There being no further discussion, the meeting was adjourned at lO:40 p.m. ~~ Yh ~.~ JQ , M yor ~~. '~ I c------- , ...'~. ,./2:_ ve~~fornia APPROVE ATTEST CM-34-288 Regular Meeting of September 19, 1977 A regular meeting of the Livermore City Council was held on September 19, 1977, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:08 p.m. with Mayor Tirsell presiding. ROLL CALL Present: Cm Dahlbacka, Turner, Staley and Mayor Tirsell Absent: Cm Kamena (arrived just prior to 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 - 9/6/77 P. 256, 3rd paragraph under Solid Waste Management Plan, line 4 should read: Without the transfer station Oakland Scavenger will never implement recycling...etc. P. 266, first paragraph, line 6 should read: the establishment of an agency not called for w~~h-wha~-bAVWMA by the State Water Quality Control Board has in mind. ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF SEPTEMBER 6, 1977, WERE APPROVED, AS CORRECTED. (Cm Turner abstained due to absence) OPEN FORUM (Holdener Sign) Louis Lockner, 697 ~~oraga, stated that he was happy to learn the Council allowed a variance for the Holdener sign. (Agenda Order) Tom Bailey, 554 Escondido Circle, stated that he objects to the Energy Ordinance being placed last on the agenda because this will be the final reading and adoption, and people want to speak on this item. Mayor Tirsell stated that it is her intention to ask for a motion to change the order of the agenda so that people can speak on this particular item. MOTION TO SUSPEND COUNCIL RULES Mayor Tirsell asked that there be a motion to suspend Council rules to reorder the sequence of the agenda. CM STALEY MOVED TO SUSPEND COUNCIL RULES TO ALLOW ADOPTION OF THE ORDINANCE AMENDMENT RELATIVE TO ENERGY CONSERVATION, AFTER THE PUBLIC HEARINGS. MOTION WOULD REQUIRE UNANIMOUS VOTE AND FAILED 4-l (Cm Kamena dissenting). CM TURNER MOVED TO SUSPEND COUNCIL RULES TO ALLOW ADOPTION OF THE ENERGY CONSERVATION ORDINANCE (7.6) IMMEDIATELY AFTER THE FIRST FOUR PUBLIC HEARINGS SCHEDULED ON THE AGENDA. MOTION SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. CM-34-289 September 19, 1977 P.H. RE AMEND TO ORD. RE MINIHUH YARDS, RS RESIDENTIAL DISTRICT A public hearing has been scheduled for receiving public testimony on the proposed amendment to the Zoning Ordinance relative to minimum yards, RS Residential District. Mayor Tirsell opened the public hearing and Mr. Nies explained that the amendment would establish a "grandfather clause" for lots that were of record as of January, 1972. These lots of record would have a rear yard setback requirement of 15 ft. Lots of record between January 1972 and May of 1976 would have a setback of lO ft., and after that date lots of record would have a 25 ft. average setback requirement. The amendment would reduce the rear yard setback on lots adjacent to major streets, and after two years the setback require- ment of the zoning district would apply. Lastly, the amendment would clarify the language as to how the average rear yard setback is com- puted. Mr. Nies was asked why there is a two year allowance for lots along major streets and Mr. Nies indicated the Planning Commission felt people would know what they would want to do with their property after two years. Paul Linnis, Killarney Street, stated that he believes the reason for the two year period is to prevent developers from building way back on the lot. After final inspection the owner can use the back yard as he sees fit and the way he would like. In his case,he is not allowed to erect a patio cover because the developer placed the back of the house too close to the fence. THERE BEING NO FURTHER PUBLIC TESTIMONY, ON MOTION OF CH TURNER, SECONDED BY C~ STALEY AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. CM STALEY MOVED TO ADOPT THE PLANNING COMMISSION RECOMMENDATIONS AS OUTLINED ABOVE BY THE DIRECTOR, TO ACCEPT THE NEGATIVE DECLARA- TION AND TO INTRODUCE THE ORDINANCE TO BE READ BY TITLE ONLY (7.l) HOTION SECONDED BY CM DAHLBACKA AND PASSED BY UNANIMOUS VOTE. P.H. RE Al1END. TO ORD. TEXT RE FENCES, INCLUDING WALLS Mayor Tirsell opened the public hearing on the proposed Zoning Ordi- nance text amendment relative to fences, including walls. Mr. Nies explained that the amendment would change the location of a fence on a corner lot. At present, the street yard allowance is 5 ft. and the amendment would allow the fence to extend to the property line to provide more use of the side yard area for the homeowner. Concern was expressed for vehicle safety if a fence is moved closer to the street on a corner lot. The reason the setback for the side yard was adopted, as is, was on the basis of visibility. It was suggested that perhaps the Council should postpone the item until the staff has had a chance to report on potential visibility problems of allowing a fence on a corner lot to be extended. Jerry Henderson, 5346 Scenic Avenue, stated that his corner lot has about l,OOO sq. ft. of pro~erty that cannot be used for anything but which has to be maintained. He also cannot plant a hedge around the corner property unless it is no higher than 3 ft. However, the CM-34-290 September 19, 1977 (re Fences/Walls - Corner Lots) ordinance relative to the 3 ft. height maximum for walls or shrubbery on corner lots is not being enforced because he has observed problems of visibility in many instances in the Jensen area. This is a concern that was expressed by the Planning Com- mission because there are hazards involved with lack of visibility on corner lots. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE ITEM WAS CONTINUED TO THE MEETING OF OCTOBER 3rd. P.H. RE APPEAL PROCESS The Council scheduled a public hearing concerning a proposed Zoning Ordinance text amendment relative to the appeal process. Mr. Nies explained that the amendment would provide that appeals to decisions made by the Zoning Administrator or other staff personnel would go to the Planning Commission rather than to the City Council, as is now the case. This came about as a result of the home occupation discussion at the Planning Commission meeting and as he recalls the Council supported the amendment. If the Planning Commission denys an appeal the applicant would then have to appeal to the City Council; this would not be an automatic process. THERE BEING NO PUBLIC TESTIMONY, ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. CH DAHLBACKA MOVED TO ADOPT THE RECOMMENDATIONS OF THE P.C. INCLUDING THE NEGATIVE DECLARATION AND TO INTRODUCE THE ORDINANCE AMENDMENT TO BE READ BY TITLE ONLY. MOTION WAS SECONDED BY CM TURNER AND PASSED BY UNANIMOUS VOTE. P.H. RE HERITAGE DESIG- NATION - TREVARNO ROAD It has been proposed by the City that the Trevarno Road area be designated as a landmark with rezoning to RS-3-H.P. (Heri- tage Preservation). At the public hearing of July 11th, objections were voiced by some of the residents of the Trevarno Road area as to the imposition of some of the Heritage Preservation requirements. The matter was postponed to allow meetings and discussion between staff representatives and the homeowners. The City Attorney was asked if the wording "any" could be deleted in the ordinance so that a specific building would be dealt with separately rather than applying to all historic buildings. He felt this would be acceptable as long as the bounds of the basic ordinance are not exceeded or do not frustrate its intent. The ordinance wording could remain with promulgation of a policy or set of definitions for every land- mark or Heritage Preservation district, but this would probably become extraordinarily cumbersome and complex. This would be CM-34-29l September 19, 1977 (re Heritage Designa- tion - Trevarno Road) tailoring a Heritage Preservation Ordinance to fit every single building. This would not be economical and might be hard to defend if the matter were taken to court. However, if the area is large enough, as is the Trevarno Road area, it might present unique prob- lems that would not be shared by other heritage resourses. Mayor Tirsell opened the public hearing and asked for testimony from the public on the proposal to designate the Trevarno Road area as a heritage landmark. Arthur Chick, 262 Trevarno Road, thanked the Council for postponing a decision on this item. He stated that the homeowners group is concerned with the word "any" in the ordinance and as it stands individual landscaping concepts would be subject to approval of provisions of the ordinance, for example. The homeowners are also concerned that solar heating or other forms of energy saving devices might be prohibited under the Heritage Preservation desig- nation. They are concerned that the designation may create additional traffic which may, in turn, increase liability risk for which they may not be able to obtain insurance coverage. Thus far no insurance company is willing to give them the coverage they feel they would need as owners of the street. They feel this places them in a very awkward position. In the discussion concerning the Heritage Preservation District overlay, it was noted that the LARPD office located on Trevarno Road is included and it is part of the residential district but was once a Coast Manufacturing office. Resident, l74 Trevarno Road, stated that he would concur with the comments made by Mr. Chick. He feels the ordinance would be too restrictive to the property owners. The Council began discussing the guidelines that should be followed and the City Attorney interjected that the purpose of the proposed guidelines from the P.C. were to guide the Heritage Preservation Commission in acting upon requests or applications for alterations. The Council can consider the guidelines for background but the Heritage Preservation Commission would be the enforcement body. If the text of the ordinance were amended, the Council could specify for which items certificates of alteration would be needed. Gloria Taylor, stated that the guidelines are an interpretation of the ordinance and there has been no deviation; secondly, she would disagree that landscaping is not an integral part of the heritage preservation. Any significant landscaping change in the front yard should be approved by the Heritage Preservation Commission. Mr. Chick stated that he would agree with both viewpoints that a shrub grouping, for example, should not have to be approved and yet a grove of redwoods or significant modifications should require approval. Some of the old shrubbery needs to be drastically trimmed or replaced in many cases. As the ordinance reads, landscape changes of any type have to be approved by the Commission. Mr. Street explained that the reason the word "significant" was not used in the ordinance was because this would require a defini- tion of "significant change". It seemed appropriate to state "significant change" in the guidelines, on the other hand, because it would be within the scope of the Heritage Preserva- tion Commission's duties to determine what is significant. Secondly, solar energy conservation was intended to be included in the guidelines under utility structures. Thirdly, it was the intent of the Commission that the Council adopt the pOlicy guidelines by resolution as submitted or as amended. CM-34-292 September 19, 1977 (re Heritage Designa- tion - Trevarno Road) The suggestion was made that Item 1., under I. LANDSCAPING, A., be deleted which relates to trees and significant shrub group- ings. The trees are subject to the Heritage Tree Ordinance; Item 2. under that category would remain as stated. Council concurred. The Council concurred that what is not a major change should be defined in the ordinance-ror clarification, under I. LAND- SCAPING. Penalties were not outlined in the guidelines and the City Attorney commented that the ordinance does refer to both civil and criminal penalties but criminal fines levied as penalties are very rarely used. In his opinion this is not a practical problem and it is likely there is nothing to worry about. Generally, any infraction is taken care of at a citation hearing with the local District Attorney, or more commonly as a result of civil action for injunction which does not involve the payment of a penalty or fine. The Council then discussed the request that the City of Liver- more be responsible for the future maintenance of Trevarno Road, the median strip and lighting after the developer has repaired and resurfaced the street and median; in addition to accepting liability. Concern was expressed for maintaining and accepting liability of a private street and the City Attorney commented that this could be taken care of by dedication of the median strip to the City while retaining ownership of the street. However, both street and median should be publicly owned if the City is to assume responsibility and neither should be publicly owned without conforming to City standards. The point was made that Trevarno Road is privately owned but is being used as a public street by HEXCEL and LARPD. Also, the City may be creating additional public traffic in the area by establishing the area as a landmark, and the City Attorney was asked if the City would have any liability due to these situations. The City Attorney stated that the City cannot be held liable for the maintenance of the street unless the City has accepted the street for public maintenance. Acceptance must be official acceptance and even if the City maintained the street it would not be liable for defects without formal acceptance of the street. The Council concurred that if the street were brought up to standard, the City could accept the maintenance and liability. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. CM DAHLBACKA MOVED TO ADOPT THE GUIDELINES, AS AMENDED, DELETING THE FIRST ITE~1 UNDER I. A., AND RETAINING THE SECOND ITEM UNDER I. A., RELATIVE TO MAJOR CHANGES. MOTION SECONDED BY CM KAMENA AND PASSED BY UNANIMOUS VOTE. CM STALEY MOVED TO ADOPT A RESOLUTION DESIGNATING TREVARNO ROAD AS A LAND~1ARK, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE. CM KAMENA MOVED TO ADOPT AN ORDINANCE AMENDING ORD. 442, REZONING TREVARNO ROAD TO RS-3-H.P., READ BY TITLE ONLY. MOTION SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. CM-34-293 September 19, 1977 RECESS Mayor Tirsell called for a brief recess after which the Council meeting resumed with all members of the Council present. ORD. RE ENERGY CONSERVATION Prior to adoption of the ordinance relative to energy conservation, the Council discussed the implications of the ordinance and how it will affect the homeowner. Mr. Street explained that of the l,lll homes inspected since the ordinance was adopted which requires homes with central air to have attic fans, about one out of four have been required to have additional insulation. He noted that most people who install central air conditioning add insulation. If the ordinance is adopted more homes will have to add insulation because many are not air conditioned and the insulation would not be up to code. Mr. Street was asked if there are any homes or tract developments in Livermore which have had insulation installed by the developer which would satisfy the R-19 standard and he indicated that none of the homes constructed by developers prior to October of 1974 would meet the R-l9 standard unless the homeowner has added insulation. Only about 240 homes in Livermore have been constructed since October of 1974 and would meet R-l9 standards. Mr. Street added that the ordinance does not specify the number of inches of insulation required but rather states insulation shall be adequate. The determination of whether the insulation is adequate is the responsibility of the person inspecting the insulation. Someone in the community has complained that insulation is a fire hazard and Mr. Street noted that most insulation is regulated and most insulation is certified by a testing laboratory and the City does not accept insulation that has not been certified to a Class III flame spread, which is satisfactory for residential use. It was suggested that the Building Department give as much information to people as possible so they don't install something that wouldn't be approved. They should be informed that material has to be approved by Under,.,ri ters Laboratories. In the opinion of Mr. Street the Building Department will need one full-time inspector to handle the additional inspection load. There was a question as to the savings that would be realized by the homeowner with proper insulation, and the comment was made that it is difficult to determine the savings. Sometimes good insulation is orovided with the R-Il standards and this could be acceptable to the Building Department if the inspector feels it is adequate for the home. This is the reason the ordinance requires "adequate" insulation rather than a certain number of inches of insulation. Also, it is very difficult to measure the number of inches of insulation throughout the attic area. When a home is found to be lacking proper insulation, the homeowner will be required to insulate to R-19 standards. The City Attorney was asked if the City has the authority to adopt and enforce such a regulation and the City Attorney explained that, yes, this would be a modification to the Uniform Building Code and any modification of the Code would require that findings CM-34-294 September 19, 1977 (Ord. re Energy Conservation) be made by the governing body to show that the modification is due to the unique or extraordinary geographic or natural circumstances of the city. At the time the Energy Ordinance was originally adopted the City was not required to submit such findings. Sub- sequently, the findings were required, grand fathered into the ordinance, and the City was permitted to make the findings. The findings were brought to the Council about seven months ago, adopted, and transmitted to the state. The City Attorney added that at some point the state will move to pre-empt the field of local building regulations to require state-wide uniformity in building regulations. He is sure this will be the next logical step taken by the state. The City Attorney noted that the findings are that: 1) the valley is hot; 2) we are not a coastal community; and 3) the extremes of climate are great. These were used as the basis for the deviation when the ordinance was originally adopted. Davis Tritch, 2161 Bluebell Drive, stated that he is protesting the erosion of rights of the citizens of Livermore, relative to the right to a freedom of choice concerning the amendment to the Municipal Code regarding energy conservation. This is one more freedom in a string of many, being rescinded in the name of "conservation" and other good causes. Walter Mackey, l396 Bluebell Drive, lives in an insulated home with air conditioning and an attic fan. He stated that he violently opposes adoption of an ordinance that will not allow a person to purchase a home that is not property insulated. If someone doesn't want insulation, that is his business. He stated that there is no energy crises and the Council is using this as an excuse to pass bad legislation which he feels is a crime. Clyde Hiet, Hibiscus, stated that he also opposes the ordinance as it will have a financial impact on those in low cost housing units, and senior citizens on fixed incomes. It was explained that the cost of the insulation would take place at the time of sale. There would not necessarily be out of pocket expenses prior to sale of the home. Tom Bailey, 544 Escondido Circle, stated that the estimate for proper insulation for a 1,000 sq. ft. house and an attic fan is $430 plus $lS for the inspection fee. A house with 1,400 sq. ft. would cost $472 plus inspection fee and a 1,600 sq. ft. house would be $598 plus inspection fee. If 900 homes are sold and inspected this would not pay for the cost of an additional inspector. He stated that he cannot see the need for any of this and the City is infringing on personal rights. Mr. Bailey added that in time, insulation becomes compact and additional insulation would have to be installed for effectiveness. In his opinion the City is hurting many individuals, not helping. The suggestion was made that a home should be inspected every five years, or when there is a change in the insulation standards, to help eliminate duplicate inspections of residences that change ownership frequently. Council concurred. It was noted that the attic fan or turbine ventilator, will not be required unless a house has central air conditioning. CM-34-295 September 19, 1977 (Ord. re Energy Conservation) Louis Lockner, asked if there will be various inspections and fees for separate improvements and ~~r. Street noted that there will be one inspection of all required items at the time of sale. Dick Christmas, Pearl Drive, asked Cm Dahlbacka about the 20% savings estimate for homes with attic insulation, and Cm Dahlbacka stated that he did a calculation of the savings on his home and that PG&E's calcu- lations were about the same, which showed an approximate 20% savings. Naturally, not every single house will realize a 20% savings because houses and life styles are different. Mr. Christmas wondered if people can be forced to do something to their own home, and the City Attorney noted that there are volumes of chal- lenges to municioal regulations but most of the regulations have been upheld. The Constitution is a very elastic document and arguments can be made for nearly all of the provisions of it. Mr. Christmas stated that he is bitterly opposed to ordinances regula- ting private homes. James Carskaddon, 396 Adelle, also expressed bitter opposition to adoption of this regulation. In his opinion the Council does things "to" the citizens rather than "for" the citizens. The City Attorney has indicated that this is an extension of the liberties which have been taken by the governing bodies of cities for the last 200 years, and he would like to know where this will stop. Citizens do not need any more intrusion into the privacy of their homes. The argument was made that the Council is doing something they feel will be best for society's needs at large. Some people have a general objection to anything the government does. Bob Schultz, 128 Coleen Street, stated that the Council has asked if the insulation will be cost effective, and the staff has indicated they "believe" it would be. He feels that when something will cost homeowners about $5 million, they deserve more of an answer to the question of cost effectiveness. PG&E has said this would save energy, but how much will be saved? He would suggest that the matter be referred to the Energy Committee for facts and figures and answers to some of these questions. Mayor Tirsell explained that all of this information has been received from the Energy Committee, the Council has seen the information and Mr. Schultz is welcome to a copy of their report. It was noted that it would take a little longer than four years but less than five years to recuperate the money spent for the required insulation. If, however, someone insulates properly and lowers the thermostat during the winter there should be double savings. George Smith, Buckskin Road, stated that he thinks the Council should look into the possibility of using infra red for determin- ing which houses need insulation, prior to adopting the ordinance. He would then suggest that this item be placed on a ballot for adoption by the voters. Mary Ann Hannon, stated that there is legislation pending at various levels in National and State Government to rrovide low interest loans for upgrading insulation. Perhaps the League of California Cities is investigating conservation fund money that might come back to the City and benefit the consumer. The City may be able to lobby for something that would help its citizens. CM-34-296 September 19, 1977 (Ord. re Energy Conservation) CM DAHLBACKA MOVED TO ADOPT THE ENERGY CONSERVATION ORDINANCE, AS DRAFTED. MOTION SECONDED BY MAYOR TIRSELL. Cm Dahlbacka stated that he spends his life working on energy problems and it is true that people were helpful and conserved water during the water shortage. A drought problem is resolved when there is more rain but in the case of fuel shortage, there is no source of replenishment. Oil is not a renewable source. A world without energy resources we demand will kill us just as surely as a world without water. Energy is exactly the type of problem the government can solve. Its a problem with a com- mon welfare - to protect the future of the people. By adopting this ordinance the City is trying to do something to insure energy for the future. Cm Turner indicated that he does have some concerns with the ordinance, and one of them is that there is no specific standard for the amount of insulation needed. What may be "adequate" to one inspector, may not be to another. He is also not satisfied with the requirement that if someone has zero insulation they have to go to R-l9, while others who have R-ll may have to do nothing further. Perhaps the answer to conserving energy would be to ask people to turn the thermo- stat down a few degrees; this would be no additional cost to anyone. The City Attorney has said that the state, in time, will pre-empt City ordinances and require the City to follow their legislation. Rather than creating another cost to the homeowner, perhaps the Council should spend energy enacting legislation that will have a broad affect on everyone. Cm Kamena felt that it is necessary to balance citizens' rights with the general welfare of society and in reviewing this par- ticular ordinance, the general welfare is being served at no expense of citizens' rights other than the potential for the inspection. If the ordinance is adopted it does imply .that nothing has to be done now - don't insulate if you don't want to insulate. If someone wants to sell their house, insulation would then be required. If the City doesn't require the insula- tion the state probably will be requiring it in the near future. Perhaps it would be reasonable to ask the broker or real estate agent to sign a certificate of compliance if the attic is prop- erly insulated. The comment was made that certificate of compliance would be an administrative matter as is R-ll and R-l9, for which Hr. Street could draw guidelines with the concurrence of the Energy Committee. Cm Staley commented that he is convinced that an energy cr1S1S exists, and although many people can afford a high PG&E bill, this may signif- icantlyharm socie~y in wasting valuable resources. Many things that would be harmful to a neighborhood or a community is not allowed by lc;t-w and nobody complains about this being an infringement of personal r1ghts. It would be a logical extension of the same philosophy to say that a waste of energy is a concern to the. entire. citizenry and he would concur with what Cm Dahlbacka and Kamena have said. There are some instances in which the general welfare can be protected only by adopting reasonable ordinances that require the public to act in unison. In his opinion this ordinance is a very good balance between the rights of citizens and the welfare of the public because energy conservation is som~thing that ha~ to be done by society as a whole. CM-34-297 September 19, 1977 (Ord. re Energy Conservation) Cm Staley added that he would prefer a method by which inspection can be made by a knowledgeable person and a certificate of compliance issued, other than a staff person. Secondly, inspection by the staff only would require the addition of a staff person to do the work and at an added cost that would have to be maintained by the City as well as a cost to the home owner of $lS every five years. The Council f.elt it might be reasonable for the Building Inspector to accept a letter from the insulation company that the insulation of a certain house meets certain standards. This would avoid the cost of the $IS inspection fee. Cm Turner stated that he would also be opposed to the hiring of an additional staff person and he would accept the ordinance if the term of what is "acceptable" were clear. Mayor Tirsell commented that according to testimony and reports of the experts, some of the homes insulated to R-ll standards are per- fectly acceptable and if R-l9 standard is required of all homes this would be very restrictive to the general public. CM STALEY MOVED TO AMEND THE ~10TION TO CHANGE THE WORDING ON PAGE 3 OF THE ORDINANCE, AS FOLLOWS: Section 6.52, 4th line, "...of the attic space is requested or whether the certificate of compliance is on file." Add a new paragraph between first and second paragraph, same page, to read as follows: "In lieu of an actual inspection, an affidavit or its legal equivalent certifying that the residence either meets the requirements of this ordinance or is exempt therefrom, may be filed with the building official by a licensed contractor, real estate broker, or attorney, on behalf of the seller." AMEND~ENT SECONDED BY CM KM1ENA. Mayor Tirsell stated that she would be opposed to the amendment because it would dilute the intent of the ordinance. It is very important that the houses developed in Livermore maintain certain standards, for the good of the public. em Staley explained that the amendment would not preclude inspection by the City, if the buyer or seller requests inspection. It was noted that the amendment may be useless if the City still has to inspect for the attic fan and dead bolt locks, and the City Attorney felt it might be difficult for the Building Inspector to administer wording that is vague. Mr. Street stated that as an inspector he does not relish the thought of arbitrarily determining whether insulation is ade- quate, or not. Normally, there is a standard for inspections and an inspector can certify that the standards have been met. In this case, the inspectors have been arbitrarily making decisions as to whether there is adequate insulation, and he really does not feel comfortable about this situation. He would be reluctant to agree to accept certificates of compliance from other people who are not part of the inspec- tion personnel. CH-34-298 September 19, 1977 (Ord. re Energy Conservation) AMENDMENT PASSED 3-2 (Cm Dahlbacka and Mayor Tirsell dissenting). Mayor Tirsell stated that she is very disappointed that the ordinance wording has been amended because she feels it really guts the ordinance and she will vote against the main motion. It was noted that the wording changes take the ordinance back to a first reading with adoption to take place on October 3rd. MAIN MOTION PASSED 3-2 (Cm Turner and Mayor Tirsell dissenting). cm1MUNICATION RE TESTIMONY RE NUCLEAR TEST A communication was received from Richard L. Wagner, Jr., Asso- ciate Director for Nuclear Test, explaining that they do not have a transcript of the public testimony from the Gerberding Committee's hearing in Livermore on August 9th and this information will be trans- mitted as soon as the meeting has been transcribed. Item noted for filing. DISCUSSION RE AGENDA ITEMS Due to the late hour, the Councilmembers concluded that they would discuss only items remaining that were of an urgency nature and the rest of the agenda would be postponed until Friday morning at an adjourned regular meeting at City Hall. DISCUSSION RE REG. WATER QUAL. CONTROL BD. POLICY RE DISCRETE SEWAGE FACILITIES The City Manager distributed copies of the Regional Water Quality Control Board's proposed policy regarding Discrete Sewage Facilities for Proposed Developments. The Regional Board will conduct a public hearing on this matter on September 20th, and this item was continued from the meeting of September l3th. The comment was made that the City should not support the policy on the grounds that a negative declaration is being filed. There is significant impact on existing sewer agencies, if nothing else. The City Attorney commented that in talking with the Regional staff, it is their contention that the policy does not change anything at all. In reading through the policy he can see the elements of their position. They maintain that the policy spells out the procedural requirements that they have been imposing upon new developments and new applications based on informal requirements. The suggestion was made that included in the policy should be the requirement that the nearest sewer treatment district should be notified and their comments requested when there is a proposal to have a package plant or a private wastewater treatment facility where no one else is reasonably available. Council concurred. C~1-34-299 September 19, 1977 REPORT RE EXTENSION OF CETA PRO,JECTS The City Manager reported that the second round of funding has been authorized for the extension of CETA Title VI projects which were to expire 9/30/77. The extension would allow Round 1 projects to continue until 4/2l/78 and Round 2 Projects to continue until 6/28/78. It is recommended that the Council adopt a motion authorizing exten- sion of the CETA projects. ON ~OTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COUNCIL AUTHORIZED EXTENSION OF THE CETA PROJECTS. REPORT RE COUNTY REFERRAL REZONING REQUEST - SILVA The Planning Commission has reviewed the referral from the County on the rezoning request application by Alvin and Sylvia Silva, for 631 Alden Lane. The rezoning of the 24.75 acre site would allow 4 lots each in excess of 5 acres which would be in conflict with the City's General Plan designation which requires 20 acre minimum sites. The Planning Commission has recommended denial of the application based on the conflict with the City's General Plan. ON MOTION OF C~1 STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED THE RECm4~.1ENDATION MADE BY THE PLANNING COHMISSION. URGENCY RESO. RE SETTLE- MENT OF LAWSUIT - CITY Vs. ACCORD INVESTORS The City Attorney asked the Council to authorize the drafting of a resolution for settlement of a lawsuit - City of Livermore vs. Accord Investors, in the amount of $40,000, which will appear as a Consent Calendar item. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE RESOLUTION AUTHORIZING SETTLEMENT OF THE LA~v SUIT WAS ADOPTED. ADJOURNMENT Mayor Tirsell adjourned the meeting at ll:4S p.m. to a regular adjourned meeting at 8:00 a.m. on September 23, 1977, in the Conference Room at City Hall, 2250 First Street. APPROVE ATTEST CM-34-300 Adjourned Regular Meeting of September 23, 1977 An adjourned regular meeting of the City Council of the City of Livermore was held on Friday, September 23, 1977, at 8:00 a.m. in the Public Works Conference Room, 2247 First Street. The purpose of the meeting was to complete the Council agenda of September 19th. Present: Cm Turner, Staley and Mayor Tirsell Abs Absent: Cm Kamena (seated after bike path discussion) Cm Dahlbacka (seated after approval of Consent Calendar) REPORT RE BIKE LANES ON EAST AVE. The Director of Public Works reported that the Council approved an agreement between the City and the County for construction of a bicycle path along the north side of East Avenue from Madison to LLL. The County has forwarded plans for Council review and approval is needed so the County can proceed with advertising for bids. ~~r. Lee illustrated the design for the bikeway along East Avenue. Total cost of the project would be $68,000, $1,300 of which would be paid by the City. Mr. Lee was asked to include in the proposal, that in the event children cannot cross on the private property of the apartment houses, that the two-way bike lane be extended to Mitra. CM TURNER MOVED THAT THE COUNCIL ADOPT THE PLAN, WITH THE CHANGE MENTIONED ABOVE. MOTION SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. REPORT RE WATER REC. PLANT ENLARGEMENT ENGINEERING SERVICES The City Manager reported that interviews have been conducted with six qualified consultant firms for the intended water reclamation treatment plant enlargement project. It was the conclusion of the screening committee that the firm of James M. Montgomery, Consulting Engineers, Inc., be retained for this service and that the Council adopt a motion directing the staff to prepare the necessary contract. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE RECOMMENDATION TO RETAIN JAMES M. MONTGOMERY, CONSULT- ING ENGINEERS, INC., WAS ADOPTED. REPORT RE LONDON WAY CUL-DE-SAC The Director of Public Works reported that at the time London Way was developed it was not known what the precise layout of the commercial office development would be and a cul-de-sac on London Way was shown in the event some access to the adjacent property was to be obtained from London Way. No access is planned from London way to the commercial site and it is recommended that the cul-de-sac be eliminated with redesign to allow for street sweeping of that area. ON MOTION OF CM KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE STAFF RECOMMENDATION WAS ADOPTED WITH DIRECTION TO CM-34-30l September 23, 1977 (re London Way Cul-de-sac) THE CITY ATTORNEY THAT THE ORDINANCE RELATIVE TO THIS ITEM BE AMENDED, AS NECESSARY. CONSENT CALENDAR Reso. Denying Appeals The following resolutions denying appeals reflect action taken at previous Council meetings after discussion of applications. RESOLUTION NO. 209-77 A RESOLUTION DENYING VARIANCE TO TONN HOUSE MOTEL/PATEL RESOLUTION NO. 210-77 A RESOLUTION DENYING VARIANCE TO FRANK HILLER AND GLENN CAPPELLO Departmental Reports The following departmental reports were submitted for informational purposes: Airport Activity - July Building Inspection - August Finance Department - Revenues & Expenditures, Fiscal Year Ending 6/30/77 - Las positas, Springtown Golf Courses; Airport Hosquito Abatement District - July Municipal Court - July and August Police and Pound Departments - July and August APPROVAL OF CONSENT CALENDAR ON HOTION OF C~1 TURNER, SECONDED BY CM STALEY AND BY UNANI~OUS VOTE, THE CONSENT CALENDAR WAS APPROVED. REPORT RE DEVELOPMENT FEE AD,JUSTMENTS The Council requested that the report concerning development fee adjustments be postponed until October 3rd, because there will be-people who will want to speak on this item. BIDS FOR ~~ATER RECLk~TION PLANT Mr. Lee asked that the Council adopt resolutions awarding bids for cleaning the digesters and sludge lagoons at the water recla- mation plant, for $5,750 by United Liquid Waste, and $l6,000 by Scheurer & Associates, respectively. This needs to be taken care of soon or the City will be experiencing odor problems from the plant. This was planned for in the budget this year. Cr..1-34 -302 September 23, 1977 (re Bids re Water Reclamation Plant) ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE RESOLUTIONS AWARDING BIDS FOR CLEANING OF THE DIGESTERS AND THE SLUDGE LAGOONS AT THE WATER RECLA}~TION PLANT WERE ADOPTED. RESOLUTION NO. 2ll-77 A RESOLUTION AWARDING BID (United Liquid Waste) RESOLUTION NO. 2l2-77 A RESOLUTION AWARDING BID (John E. Scheurer & Associates) MOTION CONTINUING AGENDA ITEMS ON MOTION BY CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE THE REMAINDER OF THE AGENDA WAS CONTINUED TO THE NEXT REGULAR MEETING, WITH THE EXCEPTION OF THE ITEMS FOR WHICH RESOLUTIONS ARE NEEDED. REPORT RE RESURFAC- ING CONTRACT Mr. Lee reported that the contractor is working on the City's resur- facing project. The estimated cost of the project provided for in the budget was $lOO,OOO and the bid came in at $85,000. Since the City budgeted for $100,000 Mr. Lee would like the Council to authorize expansion of the project to include El Padro, because the contractors are working in that area at this time. Resurfacing El Padro would amount to an additional cost of approximately $5,000 for a $90,000 project. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COUNCIL APPROVED EXTENSION OF THE RESURFACING PROJECT TO INCLUDE EL PADRO RESURFACING. Resolution will appear as a Consent Calendar item next week. DISCUSSION RE LEAGUE OF CALIF. CITIES RESOS. The Council discussed the League of California Cities resolutions so as to give the voting representatives direction in casting votes to reflect the majority Council opinion. Cye Beebe, from P~&E presented testimony concerning PG&E's position on the legislative matter concerning energy conserva- tion. ON MOTION OF CM KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE COUNCIL SUPPORTS THE LEGISLATIVE ITEM CONCERNING SOLAR ENERGY. CM-34-303 September 23, 1977 ADJOURNMENT There being no further discussion, ~ayor Tirsell adjourned the meeting at 8:55 a.m. The next Council meeting will take place on October 3, 1977, at the regularly scheduled meeting time. L~ III ~;'A'J.i I Mayor APPROVE ATTEST Regular Heeting of October 3, 197~ A regular meeting of the Livermore City Council was held on October 3, 1977, in the Hunicipal 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. MINUTES - 9/l2/77 P. 28l, 4th line, last word should be changed from bumps to ramps. P. 273, 4th paragraph should begin: Cm Dahlbacka reported that a study of energy matters was done prior to adoption of the existing Energy Ordinance and it was concluded that.....etc. ON MOTION OF C~1 STALEY, SECONDED BY 01 DAHLBACKA AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF SEPTEMBER 19, 1977, 'iERE APPROVED, AS CORRECTED. SPECIAL ITEr-i - 1-580 PRO,JECT The City Manager introduced Mr. Bachtold, the Deputy Engineer for CALTRANS, who will be discussing the 1-580 construction schedule and related routing of vehicles. ~1r. Bachtold explained that the contract which is being completed covers half the length between Castro Valley and the Dublin area. The project is about a year ahead of schedule, as a result of the favorable winter season experienced the last two years. The first contract will be operated in a different way than was originally contemplated when the project was being developed and this may address some of the concerns that were expressed by the Livermore City Council at that time. CM-34-304 October 3, 1977 (re 1-580 Project) The EIR statement was approved but since the document did not ade- quately address the growth inducing features of the project it was challenged in court, a settlement was made and the project was developed with the proposed eight lanes but operated as a six lane facility. The six lane facility will provide for two lanes for all vehicle traffic, and one lane for high occupancy vehicles, and Mr. Bachtold presented slides illustrating the project area. The entire 1-580 freeway has been developed as a complete freeway with the exception of the 10 mile gap which represents the area covered by this project which is the area between the Dublin and the Castro Valley area. Ultimately it will be a complete freeway connecting the San Fran- cisco Bay Area and the Los Angeles basin. Mr. Bachtold then showed the buffer that will be provided separat- ing the mixed traffic lanes and the high occupancy vehicle lane which will be for vehicles carrying three or more passengers, as well as the pattern for merging traffic. The high occupancy lane (HVO) will be in effect from 6:00 a.m. to 6:00 p.m. weekdays and open to all traffic on the weekend. The project has been scheduled over a six year time frame and Hr. Bachtold indicated that because of potential changes with respect to energy conservation, etc., it would not be reasonable to pro- gram beyond the next six years. The estimated cost of the ~roject is $80 million. It is the intention of CALTRANS to give this particular plan a chance to operate before any decision is made in terms of chang- ing the project. This should be advantageous and should show whether this type of routing will or will not work, and they believe it will. CONTINUED PUBLIC HEARING RE CORNER FENCES/WALLS At the meeting of September 19th, the Council discussed the pro- posed ordinance amendment relative to fences and walls as they relate to corner lots and had requested additional staff infor- mation concerning visibility of corner lot intersections. The staff has reauested an additional two week delay. Mayor Tirsell reopened the public hearing to receive public testimony. Jerold Henderson, 5346 Scenic Avenue, stated that he is distur- bed that this item has again been delayed, and that the staff has come to a meeting ill prepared to make a recommendation. He added that he strongly objects to the delay and the waste of everyone's time and he feels the Council should also object and question the request for delay. Mr. Lee explained that the information requested bv the Council is technical and quite involved and he feels it is not unreason- able that there has been a request for delay. The matter is not a simple "yes" or "no" decision and he feels it is important to have enough time to prepare all the facts to make a recom- mendation. For 20 years corner lots in subdivisions have been given additional property so as to allow better visibility for motorists and the decision to make a change should be backed with the facts to support a change. ON MOTION OF CM STALEY, SECONDED BY C~'l DAHLBACKA AND BY UNANI- Mous VOTE, THE HEARING WAS CONTINUED FOR TWO WEEKS. CM-34-30S October 3, 1977 MOTION TO REORGA- NIZE COUNCIL AGENDA CH DAHLBACKA MOVED TO SUSPEND COUNCIL RULES TO ALLON REORGANIZATION OF THE AGENDA TO DISCUSS ITEM 7.l AT THIS TDm. MOTION SECONDED BY CM STALEY WHICH PASSED BY UNANIMOUS VOTE. CONTINUATION OF DISC. RE ENERGY ORDINANCE The item concerning the proposed amendments to the Energy Conserva- tion Ordinance was postponed until this evening, and Mayor Tirsell asked for testimony from the public on this matter. Burt Gasten from the Energy Committee, stated that they had grave reservations concerning the amendment incorporated in the ordinance at the last meeting, allowing various persons to certify adequacy of insulation. They would like to recommend that the ordinance be amended to state that certification can be made only by those persons qualified through professional training. During the past three days the Energy Committee has received an offer to provide the Committee with computer support to calculate, in great detail, the adequacy of insulation in houses without air conditioning. Mr. Gasten stated that he feels the opportunity to use a detailed computer calculation with Livermore data should not be passed by and he would request a withdrawal of all references to non air conditioned homes to be sent back to the Energy Committee for further study. The facts the Energy Committee has worked with have been data from other areas and their own rough calculations. He is sure that in about a month they could come back to the Council with a more detailed and accurate recommendation. It was noted that the present Energy Ordinance refers to insulation and attic fans of houses with central air conditioning and has been in effect for the past four years. The Energy Committee is request- ing the opportunity to work with information from computer data prior to making a change in the ordinance to require all houses in Livermore to upgrade insulation at the time of sale. CM DAHLBACKA HOVED TO TABLE THE ITEr-1, SECONDED BY C1I1 STALEY. MOTION PASSED 4-l (Cm Turner dissenting). RECESS Mayor Tirsell called a brief recess after which the Council meeting resumed with all members of the Council present. COW.HJNICATION RE TONY THOMA.5 FUND A letter has been received from Mrs. Jeanne Thomas requesting that the Tony Thomas Traffic Light Fund in the amount of $2,009.70, be used for completion of the bikepath between Arroyo ~10cho and College Avenue, since the traffic light installation at Holmes and Vancouver will be financed by the state. The Thomas family feels the expenditure of the funds for the bikeway would be a fitting memorial to their son, Tony. CM KAMENA MOVED TO USE THE FUNDS TO COMPLETE THE BIKE PATH, AS REQUESTED BY THE THOMAS FAMILY, SECONDED BY CM DAHLBACKA AND 'fHICH PASSED BY UNANIMOUS VOTE. The staff was asked to notify the Thomas family of the action taken by the Council and to thank them for their re'cornmendation. C1\1-34-306 October 3, 1977 CO~~UNICATION RE COMPo & BINDING ARBITRA- TION INITIATIVE A letter requesting support of the concept of the initiative pro- hibiting compulsory and binding arbitration for public employees was received from the City of Antioch. Item noted for filing. COMMUNICATION RE LLL CONTRACT A letter was received from Richard Wagner, Jr., Associate Direc- tor for Nuclear Test, which indicates that public testimony from the Gerberding Committee's hearing in Livermore on August 9, relative to LLL's contract, has not been transcribed because the Committee's secretary is being replaced. The Council will receive a transcript of the testimony as soon as possible and he added that he will keep the Council informed. Mr. Parness noted that just today he received a large packet of information concerning public testimony presented at the hearing on August 9th, which he has not had the opportunity to review but there will be a second hearing in San Francisco on Wednesday and Livermore has been encouraged to offer testimony. Mr. Parness is trying to find out if there will be other public hearings and added that a transcript of the August 9th hearing is still not available. Cm Staley noted that he has questions concerning the relation- ship between the Laboratory and UC and he would like to know about the recognized advantages and disadvantages, and what options are available. Mayor Tirsell stated that she would also like an answer as to what authority the Gerberding Committee has and if their decision will be binding or is a recommendation to the Board of Regents. lvho will be making the decision? Mr. Parness will convey the concerns and questions of the Council to the proper agency. cml"1UNICATION RE ELECTED MAYOR A letter was submitted by Cm Turner of his intention during the City Council race to assist in the circulation of a peti- tion requesting that the question of whether or not the City of Livermore should have an elected mayor be placed on the ~1arch ballot. In the letter Cm Turner requests that the Council save the City time and money by agreeing to place this question on the March ballot. Mayor Tirsell stated that she feels Cm Turner is launching his campaign on this controversial issue and it is not the intent of the Council to legitimize campaign issues. She would recommend that the letter be noted for filing. CH-34-307 October 3, 1977 (re Elected Mayor) Cm Turner stated that he has raised the issue in the past and he felt the Council might want to discuss it. However, for the record he doesn't like the tone of voice being used and this may not be the best night to discuss the item. Cm Dahlbacka and Staley indicated that they have discussed this matter with people and nobody is particularly interested. There is a question of how much salary should be paid for a Mayor and other pertinent questions that need to be answered if the item is discussed. Cm Turner stated that he feels the issue is not a political issue and Cm Kamena stated that from newspaper accounts of statements made by Cm Turner, he would disagree that it is not a political issue. Letter noted for filing. NOTICE OF HEARING RE DISCHARGES OF CITY OF LIVERMORE The City received notice from the Regional Water Quality Control Board that a hearing will be held on Tuesday, October 18th, on discharges of the City of Livermore. The City ~1anager noted that he plans to draft written statements to the points specified in the Board's resolution justifying their Cease and Desist Order which he will submit to the Council for review. Council concurred and agreed also that if Cm Turner wishes to ask LAVWMA to testify on the City's behalf the City has no objection. CO~1~1UNICATION RE PROPERTY TAX RELIEF RE SOLAR ENERGY A letter was received from Senator Holmdahl thanking the Council for its interest in property tax relief legislation based on the use of solar energy systems. He has requested that his staff look into the matter so that it can be considered with future legislation. The City Manager was asked to write to Senator Holmdahl to find out what his position was on the final compromise tax relief bills and whether or not he supported local options for revenue in the tax bills. COHMUNICATION RE ENV. MANAGE~1ENT TASK FORCE A letter was received from Dianne Feinstein thanking the Council for their letter of September l4th which she is forwarding to the ABAG staff. Mayor Tirsell commented that the City's letter was addressing a possible policy change relative to discrete sewer treatment plants and perhaps the City Manager should send a letter of clarification. CH-34-308 October 3, 1977 (re Letter to Dianne Feinstein) Mr. Parness noted that the letter he sent to Ms. Feinstein was in specific reference to the Regional Board's intended policy decision but the letter also referenced the Alameda County work, since they are in parallel. He urged that the Task Force address both since they would grossly affect Alameda County. Apparently there is little interest on the part of the ABAG Task Force. The Mayor and the City Manager did present testimony at the Regional Board hearing. No final action was taken and a work session has been scheduled. Item noted for filing. PROCLAHATION RE VALLEY VOLUNTEER WEEK The Mayor announced that she has signed a proclamation to proclaim the week of October 3-9 Valley Volunteer Week. Kay Honodel, School District Volunteer Bureau Coordinator, thanked the City for its support and the proclamation. COMMUNICATION RE PUMPKIN GROWING CONTEST The Alden Lane Nursery has made the request that one Council- member act as judge for the Pumpkin Growing Contest which will be held October 8. Cm Kamena agreed to judge the Pumpkin Growing Contest. P.H. SET RE PROPOSED ZOo ORD. TEXT AMEND. RE VARIANCES ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANI- MOUS VOTE, THE PUBLIC HEARING FOR THE P.C. PROPOSED ZONING ORDINANCE TEXT AMENDMENT WAS SCHEDULED FOR OCTOBER 24. REPORT RE MOTORI- ZED BICYCLES (Mopeds) The City Council referred to the P.C. a letter authored by the City Attorney which advised of new state statutes dealing with motorized bicycles (mopeds). The City Attorney requested that the City consider whether or not a local policy should be adopted permitting use of such vehicles on bike trails. The P.C. has reviewed the matter and recommends that the City Council not adopt a policy which would permit mopeds on non- contiguous bikeways. The Police Department has also recom- mended that the mopeds be restricted from bike trails and paths and that major commute routes are available for mopeds. The City Attorney was asked if riders of mopeds must be licensed and he indicated that they do not have to obtain a license; therefore, children of any age can ride mopeds. CM-34-309 October 3, 1977 (re Mopeds on Bike Trails) The comment was made that the motorized bikes on the bike paths are very dangerous to children who cannot peddle fast and to pedestrians because they can travel up to a speed of 30 mph and they should be prohibited from these trails. The City Attorney noted that the Police Department has no authority over bicycles on bike paths adjacent to streets. If the motorized bikes want to use the bike trails on the paved portion of the street they may do so. If people want to commute to the lab on the mopeds and use the bike lane they may. The Council indicated that this is what they are opposed to. CM KAJliENA ~lOVED TO PROHIBIT 1-10TORI ZED BIKES IN THE AREAS OVER WHICH THE CITY HAS AUTHORITY. MOTION SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. The staff was asked to request that the Police Department do more about enforcing the restriction of motorized bikes on the bike paths. Ayn Weiskamp, 1413 Lillian, stated that her husband is one of the bicyclists who has to contend with the motorized bikes on the way to the Lab, in the bike lane, and she feels that the City shouldn't just accept the fact that the state pre-empts the City's authority. She would suggest that the City begin writing the state or do some- thing to be able to regulate the mopeds. She stated that the Valley Spokesmen are a large group of cyclists who use the bike lanes all the time and their objection to the mopeds is valid. The City really should try to do something. The City Hanager was asked to direct a letter to Senator Holmdahl and Assemblyman ~ori relative to the concerns expressed. REPORT RE FBO LEASE REASSIGW1ENT The Airport Advisory Committee has reviewed the FBO lease agreement transfer as was referred to them by the City Council. They would recommend transfer of the lease from the present partnership to William Dougherty. CH TURNER MOVED TO ADOPT THE RECm1.HENDATION OF THE AIRPORT ADVISORY CO)\1~lITTEE, SECONDED BY C~l STALEY FOR DISCUSSION PURPOSES. The concern expressed by the Council was that the partnership con- sisted of three people and now ~1r. Dougherty would like the names of the other two removed from the liability. The City needs to know if ~r. Dougherty has the ability to meet the obligations of the airport over an extended period of time, should there be problems with the tenants. The Council wanted to look at copies of profit and loss statements for the partnership, a cash flow projection for a year and a recap of operating expenses and cash flow as well as lease payments for the past three years from the staff. MOTION WITHDRAWN. The matter was continued for two weeks pending a report from the staff relative to the financial history of the partnership. CM-34-310 October 3, 1977 REPORT RE FEE ADJUSTMENTS Mr. Lee submitted a report concerning various development fee adjustments relative to sanitary sewer connection, storm drainage, water rates and storage fees. He discussed the formula used for the water storage fee and noted that the fee for consumption of water is moderate for residential use and has a greater affect on industrial users. The comment was made that there should be some way the City could absorb the profit loss which has resulted from the use of less water by the citizens. The City asked people to con- serve water, they did so, and the rates should be revised to cover basic expenses without raising rates for consumers who have been asked to conserve. People really complained when PG&E asked citizens to conserve energy and when they did the rates were raised resulting in costs greater than the year ~~/ I before because PG&E had to cover their expenses~This really v~~ wasn't fair and the City should not do the same for water i1~p~~ rates. --V'---r~~ The Council requested a recomputation of the rates showing linear charges and adjusting the numbers. CM TURNER MOVED TO INTRODUCE THE ORDINANCE AMENDING THE SEWER CONNECTION FEE, READ BY TITLE ONLY. MOTION SE CONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. CM TURNER ~10VED TO INTRODUCE THE ORDINANCE AMENDING THE STORM DRAINAGE FEES AND CHARGES, READ BY TITLE ONLY. MOTION SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. CM TURNER MOVED TO MAKE THE CORRECTION TO THE WATER STORAGE FEE FORMULA, AS EXPLAINED BY MR. LEE AND TO HOLD ADOPTION OF THE WATER RATES RESOLUTION UNTIL A REPORT HAS BEEN RECEIVED FROM THE STAFF. MOTION SECONDED BY C~1 STALEY AND PASSED BY UNANIMOUS VOTE. CM TURNER MOVED TO ADOPT THE RESOLUTIONS RELATI'TE TO CON- STRUCTION LICENSE TAX AND PARK FEES AS RECOMMENDED BY THE STAFF AND OUTLINED IN THE STAFF REPORT. MOTION SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. RESOLUTION NO. 213-77 A RESOLUTION PROVIDING FOR THE ADJUSTMENT OF THE RESIDENTIAL CONSTRUCTION BUSINESS LICENSE TAX FOR CALENDAR YEAR 1977 RESOLUTION NO. 214-77 A RESOLUTION PROVIDING FOR THE ADJUSTMENT OF PARK FEES FOR CALENDAR YEAR 1977 CM-34-3ll October 3, 1977 REPORT RE LOCAL TRANSIT SYSTEM Barbara Shaw, Chairman of the Transportation Committee, stated that the Transportation Committee has been working with Ed SChilling, Assistant to the City Manager, on the local transpor- tation system operation. They have adopted a proposal which I1r. Schilling will present to the Council this evening as a follow-up to his written report already received by the Council, relative to the type of operation and routes. I1r. Schilling explained the proposal that can be provided within the funds authorized by the Council in June. The system is a four bus, five route system which operates from about 5:30 a.m. to 7:30 p.m. which may be increased slightly if the City is able to have a transit maintenance yard located in the Livermore-Amador Valley. The recommended fares are similar to the BART fares in this zone, and the entire system has been designed to compliment the BART-UL and BART-U system. The fares recommended are 25~ for adults; children 5 and under, free; children 6 to 12, 10~; and senior citizens and handicapped, 10~. Mr. Schilling illustrated the recommended routes explaining the reason for the routing suggested. It was noted that the bus service will include the Chabot Valley Campus area and will run on an hourly schedule all day long. The transfer station will be located at First and "L" Street as all busses will pass this intersection. The route that services the East Avenue area has been recommended for one hour continuous service with the exception of the peak traffic periods because people can be serviced by the BART bus during those hours. Mr. Schilling added that the recommendations by the Committee were results of the very thoughtful and helpful comments presented by the Planning Commission. Mr. Schilling was asked why there is no service scheduled for a couple of the residential areas and the Greenville North area, and he explained that the routes selected were done so with the amount of money available and the concentration of service needed in certain primary destination areas, such as the shopping areas and near the downtown area. The P.C. was very emphatic about servicing the "P" Street shopping facilities and this was accomplished. If the bus were to serve every housing tract in Livermore the advan- tage of a regular bus service would be lost. It was mentioned that during the comments made by the P.C. it was suggested that rather than having a number designation for the different routes, colors be used to designate the routes. The Council felt this was an excellent suggestion, and according to Mr. Schilling the Committee did adopt this suggestion. The comment was made that there are areas of town not being served by the bus system and Mr. Schilling was asked if the system will be flexible so that changes can be made weekly if necessary. He responded by saying that the present recommendation does not provide for this type of flexibility. If one routing does not '~ork it can be changed but this could be done no more frequently than about every six months. CM-34-312 October 3, 1977 (re Local Transit System) Barbara Shaw stated that there will be some flexibility and the Committee is depending on public response. The system will be a responsive system and the response in ridership is crucial to service for that area. If areas use the busses, they w~ ~ get the busses. Mr. Schilling was asked if consideration has been given to providing service in areas where students may wish to ride and who may need facilities for locking bicycles. He indi- cated that this has not been considered but there would be money available to the City for capital improvement purposes. There are probably places in the Springtown area where this type of facility might be needed. In response to questions about the condition of the busses to be used, Barbara Shaw stated that it depends upon who the City contracts with. The busses could be new but if the contract is with AC Transit the busses will probably be old and without air conditioning. Mr. Schilling stated that they would hope to have more specific information for the Council at the next meeting, including the recommendation as to the service operator for the system, age of busses that will be used and size of bus. A suggestion came from the Council to begin intensive public education. It would be very helpful to introduce the bus lines to the upper elementary and junior high students as soon as possible so they will know how to buy tokens, how to get on the bus and where the bus will take them. The fact that the City has funds for operation of a system for only 18 months should also be made known to the public, because after this time Ithe City will be asking for public financial support if the system is to continue. Dick Christmas, 394 Pearl Drive, asked what the tax rate will be increased to if the City has to pay for the opera- tions of the bus service, after the 18 months. It was explained that it would be an additional 6~ on the tax rate or 60~ per $1,000 assessed valuation of the home. Mr. Christmas added that he feels the City would be inviting trouble to begin with old busses because of the repairs that would be needed. He also felt people should pay at least 25~ to ride the bus and that a lO~ ride is ridiculous. The Councilmembers discussed the amount of fares and it was felt that the fare should be only a token amount to encourage people to use the system. The City is trying to Provide a public service the same way public streets are provided - not everybody uses public streets but many do. Hopefully, a lot of people will take advantage of public trans- portation. In time the City may be able to provide the service with no charge for rides but the argument has been made that people would just ride around on the busses if there were no charge, and this is the reason for the token fee. CM-34-3l3 October 3, 1977 (re Local Transit System) It was suggested that there be a reconsideration of the fares to allow children accompanied by an adult a free ride, while children responsible enough to ride by themselves could also be charged 25~ because they may be riding for leisure activity. It might be worth- while to consider family rates and reconsideration of the 10~ charge for all senior citizens, as many senior citizens can well afford 25~ a ride. Mr. Schilling noted that this will be discussed again when the item comes before the Council but one of the considerations in the cost of the ride is that the City would like the system to offer transfers to BART and it was felt that the fees should be consistent with BART charges. Another consideration is that at the end of the day, fares are used to compute the type of ridership. The matter of fares will be discussed by the Council at a later time and it was mentioned that perhaps there could be consideration given towards a discount purchase of 50 rides, for example, if the City wants to offer rides for less. Item will be brought back to the Council. RECESS Mayor Tirsell called for a brief recess after which the Council meeting resumed with all members of the Council present. REPORT RE SOCIAL SER- VICES DELIVERY SURVEY The Social Concerns Committee, working with the Leahy Square Board, has proposed the conduct of a residential survey so as to ascertain attitudes and needs of various social services, for Leahy Square. It is recommended that the Council adopt a motion authorizing conduct of the survey. CM TURNER MOVED TO AUTHORIZE CONDUCT OF THE SURVEY, SECONDED BY CM STALEY, WHICH PASSED BY UNANIMOUS VOTE. REPORT RE SALE OF MEDEIROS PARKWAY PARCELS The City Hanager reported that several parcels contained within the r1edeiros Parkway area are contiguous to the private residential lots fronting on Anza Way. At one time the Council authorized the con- veyance of the small arroyo parcels to adjoining lots only. Mr. Lindemuth would like to purchase the property immediatley adjacent to the rear of his property and one immediately adjacent to the rear of his neighbor's property \Frank). Ms. Frank has no interest in purchasing the property immediatley behind her and does not object to the purchase by Mr. Lindemuth. It is recommended that the Council review their policy concerning the sale of the lots. Concern was expressed that some day Ms. Frank may sell her house and the new owner may wish to o~m the property immediately to the rear but would not have access to the arroyo if it were owned by H.r. Lindemuth. C~I\-34-3l4 October 3, 1977 ,re Sale of Medeiros Parkway Parcels) The City Attorney suggested that this item be discussed after the Council meeting in an executive session because of the legal compli- cations relative to the matter. Item deferred to executive session. REPORT RE TRACT MAP 3758 \Dogwood Park) The final subdivision map for Tract 3758 is ready for final accept- ance and filing. The Planning Commission has approved the tentative tract map and approval will expire on October 14. This is the pro- perty known as the Dogwood Park site which the City would like to sell. but prior to sale it was necessary to prepare engineering plans, specifications, subdivision maps, property description details and to clear some utility easement problems. These items have been satisfied and it is recommended that the Council take the following action: 1) adopt a resolution approving Tract 3758; 2) authorize solicitation of formal bids for the sale of one or all 8 lots if the bids received are to the financial advantage of the City and final improvements can be installed by the City. CM STALEY MOVED TO ADOPT A RESOLUTION APPROVING FINAL TRACT MAP 3758, SECONDED BY CM KA}1ENA, NHICH PASSED BY UNANIMOUS VOTE. Resolution will appear as Consent Calendar item. CM STALEY MOVED TO AUTHORIZE SOLICITATION OF BIDS, AS RECOMHENDED, SECONDED BY CH KA1\mNA, WHICH PASSED BY UNANIMOUS VOTE. REPORT RE SALE OF CITY PROPERTY - HERITAGE SITES The Planning Commission reported that the sale of the two buildings located at 2250 and 2365 First Street are in conformance with the General Plan's community facilities plan and have been listed as historical sites in the General Plan. It is therefore recommended that the Council refer the item to the Heritage Preservation Commis- sion for comment. ON MOTION OF CH STALEY, SECONDED BY CM KAMENA AND BY 4-1 VOTE (Cm Turner dissenting) THE MATTER WAS REFERRED TO THE HERITAGE PRESERVATION COHflUTTEE. The City Manager noted that referral to the Heritage Preservation Committee will probably take longer than a month. Since the Commission is meeting tomorrow evening it was suggested that the item be referred to them at that time and asked that it be brought back to the next Council meeting with discussion of possibilities of amending the General Plan to exclude these buildings from the Heritage Landmark designation in the Plan. councii concurred; item continued pending a report from the Heritage Preservation Commission. CM-34-3l5 October 3, 1977 REPORT RE PROPERTY ACQUISITION - 7th/East The matter of the proposed acquisition of the property located at 7th Street and East Avenue was referred to the Planning Commission for review. The proposed acquisition will allow the completion of street widening on East Avenue between Dolores Street and Seventh Street. The Planning Commission finds the proposed acquisition to be in conformance with the General Plan's major street descrip- tion for East Avenue and the Zoning Ordinance's future width lines and recommends acceptance of the Negative Declaration and filing with the Alameda County Clerk. ON ~10TION OF CJl.1 KAHENA, SECONDED BY C~1 TURNER AND BY UNANIMOUS VOTE, THE COUNCIL ACCEPTED THE EIR NEGATIVE DECLARATION AND ORDERED IT FILED WITH THE ALA~1EDA COUNTY CLERK. REPORT RE REORGANIZA- TION OF COUNTY HOUSING AUTHORITY The City Manager explained that the item concerning reorganiza- tion of the County Housing Authority was placed on the agenda for introduction to the Council but it is an item that can be discussed next week with a recommendation at that time. ON MOTION OF CM KN.1ENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE ITEM ~lAS POSTPONED FOR ONE l1EEK. REPORT RE EXTENSION OF HCDA GRANT FUNDS The City Manager reported that Congress has re-enacted the Housing and Community Development Program, under which the multi-service center is to be built. It is anticipated that the City will receive about $300,000 during the fiscal year 1978-79 and comparable amounts in the ensuing two fiscal years. It is recommended that the Council adopt a resolution authorizing execution of the agreement with Alameda County. ON r.mTION OF CM STALEY, SECONDED BY Cf\.1 KN1ENA, AND BY UNANPlOUS VOTE, THE RESOLUTION WAS ADOPTED. RESOLUTION NO. 215-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (County of Alameda) REPORT RE PERS ACTUARIAL EVAL. The City Manager reported that in accordance with the terms of an existing employee agreement, an actuarial survey of the City's Public Employees' Retirement System contract (PERS) is to be conducted on certain aspects of the retirement coverage such as credit for unused sick leave, post retirement survivor bene- fits and increase in the 1959 rate of survivor benefits. This is to be an actuarial study only, at a cost of $883 and the City is not committed to authorize any retirement contract change. It is recommended that the Council adopt a resolution authorizing the study. CH-34-316 October 3, 1977 (re PERS Actu- arial survey) CM KAMENA MOVED TO ADOPT A RESOLUTION AUTHORIZING EXECUTION OF THE AGREEHENT WITH THE PUBLIC EMPLOYEES' RETIREHENT SYSTE~1 FOR CONDUCT OF AN ACTUARIAL VALUATION. MOTION SECONDED BY CM STALEY WHICH PASSED BY UNANIMOUS VOTE. RESOLUTION NO. 216-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREE- MENT (Public Employees' Retirement System) CONSENT CALENDAR Report re Crim. Justice Planning Bd. Agreement Through the Alameda Regional Criminal Justice Planning Board Agree- ment $650 will be paid by the Board for the provision of residential security devices for about 100 low income senior citizens of the community. Volunteers will make the installations and it is recom- mended that the Council adopt a resolution authorizing execution of an agreement with the Criminal Justice Planning Board. RESOLUTION NO. 217-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREE- ~lliNT (Alameda Regional Criminal Justice Planning Board) Report re Park/Civic Center Site Property A small triangular parcel of property adjacent to the Civic Center site, planned for purchase from the Roman Catholic Bishop of Oakland, would improve the configuration of the park/Civic Center site. The church has accepted the appraised value set at $11,200, and it is recommended that the Council adopt a resolution authorizing purchase of the property. RESOLUTION NO. 218-77 A RESOLUTION AUTHORIZING EXECUTION OF CONTRACT AND PURCHASE OF REAL PROPERTY (Roman Catholic Bishop of Oakland) Resolutions The following resolutions were adopted, pertaining to various items: RESOLUTION NO. 219-77 A RESOLUTION AUTHORIZING BUDGET kMENDHENT (Street Resurfacing - Branaugh Excavating) RESOLUTION NO. 220-77 A RESOLUTION REJECTING A CLAIH. (Gary Ray Bruhn) CM-34-3l7 October 3, 1977 (Resolutions Cont.) RESOLUTION NO. 221-77 A RESOLUTION AUTHORIZING SETTLEMENT OF LAWSUIT (City v. Acord Investors) RESOLUTION NO. 222-77 A RESOLUTION GRANTING A VARIANCE (Fred and Elsie Holdener) RESOLUTION NO. 223-77 A RESOLUTION DESIGNATING TREVARNO ROAD A LANDMARK P.C. Minutes The Planning Commission minutes for their meeting of September 7, and September 20, 1977, were noted for filing. Payroll & Claims There were 187 claims in the amount of $315,675.93, and 327 pay roll warrants in the amount of $120,771.89, for a total of $436,447.82, dated 9/23/77 and approved by the Director of Finance. There were 88 claims in the amount of $117,165.38, dated 9/26/77 and approved by the Director of Finance. APPROVAL OF CONSENT CALENDAR ON~lOTION OF CH TURNER, SECO~mED BY CH STALEY AND BY UNANPlOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. \~TTERS INITIATED BY THE STAPF (r-,1.onday Holiday) The City Clerk reminded the Councilmembers that next Monday will be a City holiday and the Council will meet on Tuesday. (Logo Signs) Cm Staley reported that after a difficult fight the logo signs were finally approved by the League of California Cities. Don Bradley made a presentation which was supported by nor- thern California while the south was almost uniformly against the proposal of logo signs. (Proposed Zone 7 Study) Zone 7 is planning to make another reclamation study, similar to what LA~.~ is doing, and they are also requesting a rate CM-34-318 October 3, 1977 (re Zone 7 Study) increase for water. em Staley felt it would be appropriate to write to the Zone to ask how much money they intend to soend on the study and where the money is coming from as well as what affect this will have on customer water rates. (Esposure to Beryllium) Cm Staley noted that he read some articles in the newspaper a couple of weeks ago about some LLL employees being exposed to beryllium and other hazardous substances. In reading the article it occurred to him that he does not know what harmful sugstances the labs work with other than radiation, that is possibly being emitted or could contaminate air or water supply in this area. He felt it would be reasonable to write a letter to the Lab asking them to identify potential hazardous substances which could be harmful to the health of the citizens of Livermore and review safeguards to see that people are not harmed by these substances. Mayor Tirsell suggested that Sandia and Intel or any processing firm be asked the same question. Cm Dahlbacka noted that almost every industry has some chemical hazard but he is sure they are probably regulated by OSHA requirements and inspected by state and federal inspection agencies. Cm Staley agreed to contact the appropriate representative at the Lab and if he is not satisfied with the results of the discussion he will ask the Council to pursue the matter. (Handicapped Parking) ~ayor Tirsell stated that people who are in need of the handicapped parking spaces teleohone her regularly to ask when the ordinance is going to be adopted which will allow enforcement of the marked spaces. The City Attorney reported that the public hearing required for the process has been scheduled for October 24th, after which time the other necessary procedures will be followed for implementation of regulating the parking spaces. Unfortunately, the process is time consuming. Mayor Tirsell commented that handicapped people are extremely anxious to have regulation enforcement of the parking spaces they need and she asked that the item be processed as quickly as possible. The City Attorney emphasized that the City cannot arbitrarily go in and begin enforcement of the parking regulations until the owners of the parking facilities request enforcement by the City, which is one of the prohlems with this particular matter. (Appointments) Cm Turner commented that appointments need to be made and asked that the Council be given a list of appointments pending, next week and make appointments the following week. (Staff Reports) Hayor Tirsell asked that no member of the Council telephone the staff for a report until the matter has been authorized by the Council. CM-34-3l9 October 3, 1977 (ACTEB Funds) em Kamena reported that on December 10th the ACTEB Board of Directors will formally apnrove funds that will be available to the City similar to the CETA Title VI funds. The Council welcomed this good news. (Ord. Amendment re Hinimum Yards) CM STALEY MOVED TO ADOPT THE ZONING ORDINANCE N,1ENm1ENT RE- LATED TO HINIMml YARDS - RS DISTRICT, SECONDED BY Cr1 KA~,1ENA WHICH PASSED BY UNANPlOUS VOTE. ORDINANCE NO. 929 AN ORDINl\NCE N1ENDING ORDINANCE NO. 442 OF THE CITY OF LIVERMORE, AS AMENDED, RELATING TO ZONING, BY THE AHENm1ENT OF SECTION 5.42, RELATING TO tUNP1U~1 YARDS, RELATING TO RS RESIDENTIAL DISTRICT. (Ord. Amendment - re Appeal Process) ON MOTION OF CM STALEY, SECONED BY C~l KAHENA AND BY UNANHlOUS VOTE, THE ZONING ORDINANCE AMENDHENT RELATIVE TO APPEALS PROCESS WAS ADOPTED. ORDINANCE NO. 930 AN ORDINANCE AMENDING ORDINANCE NO. 442 OF LIVERMORE, AS AMENDED, RELATING TO ZONING, BY THE N-1ENmmNT OF SECTION 29.00, RELATING TO ZONING. CITY HANAGER STATUS REPORT First Street Overhead The deck has been poured and the project is many weeks ahead of schedule. The contract for the street has been referred to Sacramento for aporoval and hopefully bids will be out bv early spring. Vancouver/Holmes St. Light The traffic light plan for Holmes St./Vancouver has been completed and referred to the Engineering Department and back to CALTPANS. The matter has been referred to Sacramento with a request for funding. Bidding should be allowed within the next month or so and installation should take place in April or ~1ay. Golf Course The CETA employees have been very helpful in allowing the City to reconstruct three greens instead of only one. This makes a total of six reconstructed greens for Las Positas and even- tually all of the greens will have to be reconstructed. CM-34-320 October 3, 1977 (Golf Course) At the Springtown Golf Course, the pro shop has been completed and is open. There have been delays in opening the snack bar and this has gone out for bids again. Civic Center The Civic Center irrigation project is 15% complete. The project should be finished by the end of the month. Personnel Twenty four applications have been received for the ~laintenance Supervisor position and 35 for the City Engineer position with the City. The applications are being processed at this time. Of the 41 CETA position slots assigned to the City, 33 have been filled. The Personnel Deoartment is trying to assign people to the remaining 8 positions. AD,TOURN~1ENT Mayor Tirsell adjourned the meeting at 11:05 p.m. to an executive session to discuss matters of possible litigation. APPROVE ~~ ~layor ~ C- o - -----= City Clerk -' .. n. Livermore. California ATTEST CM-34-321 Regular Heeting of October 11, 1977 A regular meeting of the Livermore Citv Council was held on October 11, 1977, in the ~uniciDal Court Chamhers, 39 South Livermore Avenue. The meeting ,-ras called to order at 8: 05 p.m. with ~avor Tirsell presidina. ROLL CALI. Present: Absent: em Kamena, Turner, and ~1ayor Tirsell Cm Dahlhacka (Excused - illness) Cm Staley (Excused - business) PLEDGE OF ALLEGIANCE ~1ayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. ~HNUTES ON ~'l.OTION OF C~1 TURNER, SECONDED BY C'1 KAHENA AND BY UNANP10US VOTE, THE !-lINUTES FOR THE ADJOURNED fv1:EETING OF' SEPTEMBER l3.~ THE REGULAR ~rRETINr. OF SEPTE'~BER 19, AND 7\D,T0URNED r1EETING OF' SEPTmmER 23, 1977, rqERE ,7\PPROVEDAS SUB~UTTED. SPECIAL ITE~'l Mayor Tirsell announced that the snecial item is the presentation of the City ourchase awards and Linda Heiner, Chairman of the Cultural Arts Festival is not yet present. This item will be presented when she arrives. PUBLIC HEARING RE NOISE & SCENIC ROUTE ELm1ENTS TO GEN. PLAN The Noise Element and the Scenic Route Element are the last remaining segments to be adopted in completing the General Plan. A public hearing has been scheduled for adoption of these elements. The Council discussed the Noise Element changes, briefly with the Planning Director who indicated that the only noise sensitive areas were the schools and that parks would not longer be located adjacent to that type of activity. ~1r. Nies commented that the P.C. added the noise exposure areas this time and the large man indicates the contours from the various noise generators such as the highway, the airport and the railroad tracks that run through the City. In the first review this information was not included. The P.C. also added t",ro more items under techniques for noise control (Items 5 and 6). Mayor Tirsell asked if anyone from the audience would like to present testimony on the Noise Element for the General Plan; no comments made. ON MOTION OF CM KA'1ENl\, SECONDED BY C'1. TURNER AND BV U:'V\NP!OUS VOTE, THE PTJBLIC HEI\RING WAS CLOSED. C'1 KA~1ENA MOVED 'T'O }\.D()PT THE RESOLUTION APPROVING THE NOISE ELmmNT FOR THE GENERAL PL}\N. f-lOTION SECONDED BY MAYOR TIRESL!-... em Turner stated that he has not had a chance to comnare the original document issued a year ago with the present document and he will therefore vote against the motion. CH-34-322 October 11, 1977 (P.H. re Noise & Scenic Hwy. Elements to Gen. Plan) ~1r. Nies explained that the original document had information relative to imolementation and requlation which has been elimi- nated and will come later. This is the major difference between the original document and proposed present document. em Turner commented that he could accent this difference. ~'lOTION PASSED BY UNANIHOUS VOTE. RESOLUTIOi'r NO. 244-77 A RESOLUTION N1ENDING THE LIVER~mRE GENERAL PLAN (Including Noise Element) The Council adonted a motion apnroving the Scenic Highway Element a 'j'ear ago and the action required at this time is a motion approv- ing the resolution. ON ~mTION OF C~1 TURNER, SECONDED BY C~~ KA1\1ENA AND BY UNANPmus VOTE, THE COUNCIL ADOPTED l\ ~~S()LTJTI()N lV1ENDING THE GENERAL PLAN TO INCLUDE THE SCENIC HIGHliTAY ELEHENT. RESOLUTION NO. 225-77 RESOLUTION A"1ENDING THE LIVERHORE GENERAL PLAN (Add Scenic H\~. Element) SPECIAL ITEM - CITY PURCHASE AWARDS Linda Heiner, Chairman of the Cultural Arts Festival '77 events presented the two art awards purchased by the City. r1s. Heiner thanked the City, on behalf of the Livermore Cultural Arts Council, for the vast support given in many areas. The two paintings presented to the Council were selected by the City's committee and were valued at $300 which does support the festival. REPORT RE MUNICIPAL COURT EXPENDITURES AND COLLECTIONS The Council received a tabulation of the 1976-77 expenditures and collections for the Municipal Courts and Marshalls in various judicial districts. It was noted that it would have been more helpful if the report had shown whether or not the figures were up or do~m or more or less. COHMUNICATION FROM ABAG RE PROPOSED REGIONAL HOUSING PLAN The Council received a coPY of the ABAG Proposed Regional Housing Plan which will be the subject of a meeting at the Claremont Hotel in Berkeley on October 18, 1977. The City Manager indicated that there would be no need to testify on this item unless the Council so desires, as \'Tritten comments were submitted by the Hayor. Item noted for filing. C"1-34 -32 3 October 11, 1977 REpnRT RE ADHINISTRA- TION BUILDING DESIGN The City ~anager reported on the architectural studies and design for the City Administration Building. The staff feels a design theme has been selected which should satisfy most of the City's needs. Regrettably, the City is constricted by a lack of funds to the extent that all of the office facilities cannot be constructed; however, most of the denartments can be accommodated. He then intro- duced the architects, Vern Cadwalader and Peter Scott, who are respon- sible for the design of the building. ~r. Cadwalader commented that he will introduce the nresentation which will be followed bv a design presentation by ~r. Scott. If the Council gives annroval to the design, the working documents can be implemented. There have been many meetings with the staff in working out the floor planning and cost of construction which is now estimated at $1,164,000 which includes landscaping, furnishings and utilities, and contingies of $93,000. The cost does not include Council chambers or solar energv systems but which could be augmented and integrated into construction if ERDA grants are obtained. ~~r. Scott then presented the design and explained some of the thinking that has resulted in the proposed plans. Prior to designing the build- ing their firm talked with the staff to determine their needs and took field trins to other agencies and discussed the possibility of using solar energy with peoole from LLL. The Council then viewed slides illustrating the architectural designs ~dhile ~1r. Scott explained that the intent was to select a design that is impressive, higher quality and something of a different scale than the commercial or residential designs surrounding this site. .At the time the building was first considered the materials and style that seemed appropriate at that time no longer seem appropriate. The original nlans were done with reflection of the design of the library v1hich would have been a simple pavillion type of building sitting on top o~ a mound with windows all around and a generous overhang on each side. The structure was planned to face the street which would have necessitated artifical light and air conditioning, but after considerable research relative to solar heating it ~7as concluded that the design should reflect the new way of thinking and he as strong a statement as possible about this time and this place. Slides were shown depicting the various denartment locations with explanations as to why they were designed as sho\m. ~r. Cadwalader explained that they have designed the building with the best energy conservation means through heavy insulation and task lighting. Hr. Parness noted that if the Council concurrs with the general design theme displayed by the architects the Council should give final approval and authorize solicitation of bids. Concern was expressed over the fact that the Purchasing Department will not be located in the main building but will remain in its present location. ~1r. Parness indicated that it is very unfortunate that the Purchas- ing Department could not be included but there were not sufficient funds to allo,v relocation of all the departments to the new building and it was necessary to select a denartment that could operate on its own. The Purchasing Denartment is somewhat unique in that it is self-sustaining and vendors can make calls regardless of where it is located. Hopefully an addition can be made to the new build- ing in the near future to accommodate purchasing and reprographic services. C-1-34-324 October 11, 1977 (re Design of Admn. Bldg.) Mr. Scott commented that the architects did consider placing the Purchasing Department and reproduction services in the basement area of the Council Chambers, but this would still be a costly addition because access would have to be provided and access would have to be provided for the handicapped for both floor levels. This suggestion is not out of the question but needs further consideration. The Councilmembers stated that they would like the architect to pursue this possibility, as they would like Purchasing to be relocated to the new building as well all other City depart- ments. C~1 KAMENA MOVED TO ACCEPT THE PRELHlINARY AND DESIr:N CONCEPT AND ACCEPT AN INCORPORATION OF THE DESIGN WHICH WILL CALL FOR COUNCIL CHAMBERS, AND TO BE REFERRED TO THE DESIGN REVIEW COM- HITTEE. MOTION SECONDED BY C~" TURNER. David Eller, 3797 Oregon Way, stated that he feels the proposed design is a slight modification from the original plan with some difference in roof elevation, etc. He stated that he does not concur with the proposed design. He feels the design is atrocious, monstrous, a monolithic piece of masonry and not a building for Livermore's time and place. ~1avor Tirsell commented that what is beautiful to one person is not necessarily beautiful to another and that the architects were asked to design a building under tremendous constraints such as an existing basement structure which is now nine years old and a very limited budget. The architects have done a very good job in planning facilities that will be comfortable to work in at a reasonable cost. ~1r. Eller agreed that the proposed design is an improvement over the original design but he feels it is not what he would like. C~1 KA~tENA HOVED TO AUTHORI ZE THE ARCHITECTS TO PROCEED 'tHTH ALTERNATE DESIGNS FOR THE BASEr,tENT PORTIOlJ OF THE COUNCIL CHA~mERS - ONE WITH THE SPACE ALLOCABLE TO PURCHASING/REPRO- GRAPHICS, AND ANOTHER DESIG~ WITH THE SPACE ALLOCABLE TO '''lAYOR'S OFFICE/OFFICE CUBICLES FOR COUNCILHEHBERS, OR smm EFFICIENT USE OF THIS SPACE. HOTION SECONDED BY CM TURNER. The Council discussed the motion and the comment was made that perhaps it would be feasible to provide some type of office space for Councilmembers on the main level as part of the Council Chambers area. Mr. Scott noted that a conference area has been provided in the main building which was designed for staff conference \^rhich will be equipped with a desk available for the Hayor and Councilmembers. The problem with converting the basement portion of the Council Chambers to office space is the lack of natural light. Also, the purchasing/Reprographic Department is an antagonistic use in that these services reauire the use of a dumpster and truck access, while the Council Chambers have been designed to be aesthetically pleasing to the public. He added that the architects did not consider office space on the same level as the Council Chambers. It was mentioned that although the service needs for Purchasing/Repro- graphics may not be compatible with the Council Chambers, this facility C~1- 34 -32 5 October II, 1977 (re Adm. Bldg. Design) would be used by that denartment durinq the day and would be used by the Council during the evening. ~10TION PASSED BY UNANH10US VOTE. RECESS ~1ayor Tirsell called for a brief recess after which the Council meeting resumed with members of the Council present as during roll call. REPORT RE COUNTY HOUSING AUTHORITY REORf;ANIZATION The Council received a report concerning the proposal for reorganiza- tion of the Alameda County Housing Authority (ACHA) that the Com- mission be composed of local representatives who are elected offi- cials (Alternate No.5) and that ACHA should be divorced from the Social _Cj;~::~~~ Agency. ON ~-'tOTION OF cr-1 TURNER, SECONDED BY C~1 KN1EW\ AND BY UNANIMOUS VOTE, THE STAFF RECO~~1ENDATION WAS ADOPTED. REPORT RE REG. WATER QUAL. CONTROL RD. CEASE & DESIST ORDER A copy of the Regional rvater Quality Control Board's Statement of Compliance wjth California Regional Water Quality Control Board Order No. 76-132 A Cease and Desist Order and Subseauent ,~endments was submitted for Council information. Item noted for filing. REPORT RE REG. WATER QUAL. CONTROL BD. NEW DISCRETE SEWERAGE FAC. The City Manager reported that in preparation for the Reqional Water Quality Control Board hearinq on October 18th relative to the Board's policy on new discrete sewage facilities for proposed developments, the staff renresentatives of Livermore, Pleasanton, veST) and LAVtv~1A have prepared a policy draft reacting to the proposed policy. The reaction 'vill be discussed with state officials on October 17th and it is recommended that the Cou'1cil make knmm the changes they would like made, if any. The Council concurred with the proposed statement relative to reaction to the policy. ON ~10TION OF C'1 KNmNA, SECONDED BY C11 TURNER. MID BY UTP\NPlOUS VOTE, THE COUNCIL AUTP'f')rUZED TEE ST;1\FF TO PRESENT THE POSITION RECOr'rmNDED BY THE STAFF. REPORT RF. PROPOSED SEPTIC TANK POLICY The staff has drafted recommendations relative to the proposed County septic tank disposal policy and recommends adoption by the Council. C'1- 34 -326 October 11, 1977 (re Septic Tank Policy) ON JItlOTION OF CH TURNER, SECONDED BY C~,1 KA!'-mNA AND BY UNANIlItlOUS VOTE, THE STATEHENT WAS ADOPTED AS RECOW1ENDED. REPORT RE HERITAGE LANDJItlARKS - CITY HALL ~IRE/POLICE BUILDING The Heritage Preservation Committee has recommended that the two City properties in the process of advertised sale (City Hall and Fire/Police building) remain as Landmark designations. The City Manager reported that to remain Heritage Landmark designations a future o~mer may be required to make no changes for up to one year. It is recommended, therefore, that the staff be directed to distribute an addendum to the notice of property sale informing prospective buyers of the Landmark designation status and its implications. The City ~ianager noted that the two sites are listed as Heri- tage designations in the General Plan as well as classified as such by the Heritage Commission. The Heritage Commission has recommended that the sites remain as Landmark designations, the heritage zone should not be imposed upon them as was the case with the Trevarno Road area. ~1r. Parness explained that he has been informed that with this classification subsequent owners do have the right to make structural changes to the interior and even to the exterior, provided it is processed through the Heritage Commission. However, structural changes would be limited to two con- secutive six months terms. Gloria Taylor, Heritage Preservation Committee representative stated that as she recalls the Committee recommended that the sites be designated Heritage sites, but did not recommend that they should not be included in the Heritage Preservation Zone. She would recommend that rather than presenting prospective buyers with a list of restrictions, they should be informed of the potential financial advantage of leaving the buildings as they are. For example, in San Francisco a Victorian build- ing cannot be purchased for less than $170,000 and they "Tare probably available 10 years ago for $20,000. The Council discussed the old Fire/Police building and the comment was made that the building cannot be used for public assembly because it does not meet earthquake standards and the subsequent owners would be allowed to make modifications to the interior to bring it up to Code. The Council also felt that recent changes that were made to the City, such as the bays, should be allowed to be removed because they were not part of the original brick structure that was once a bank. Gloria Taylor suggested that the City give the building the Heritage Landmark designation and allow the buyer to decide what he would like to do with it. The buyer can get permis- sion from the Heritage Commission and the Council to make any kind of change but the buyer may like the bays. eM TURNER ~lOVED TO REFER THE r>1ATTER TO THE PLANNING cmiMISSION AND THE HERITAGE COMMISSION FOR THE PURPOSE OF PROCEEDING WITH DESIGNATION AS HERITAGE LANm1ARKS. ~lOTION SECONDED BY r1AYOR TIRSELL, l'mICE Pl\SSED BY UNANPtOUS VOTE. C1-34-327 October 11, 1977 REPORT RE BUILnIN~ INSPECTION - cnn As ner Council instruction, the Ruildinq Inspector prepared a report concerning enD building activities in which he recommends that the ordinance be modified to reauire a Certi ficate of Occupancy ,vi th each change of tenant or business. At present the ordinance re- quires a Certificate of Occupancy only when there is a change in the classification of occupancy. If a Certificate of Occupancy is reauired with each change of tenant the Citv ~~uld have the opportunity to ohserve damage that may have oc~urred. The Council discussed, with the Building Inspector, the procedures that might be followed because many tenants occupy a building prior to applying for a business license. The City Attorney explained that the business license procedure can be used as a means of regulation as well as a source of revenue to the City. C~1 KN-1ENArlOVED TO ADOPT THE STA.r.'r.' RECO~~~1ENDl\TImlS, AS LISTED BEr.QIv, SECONDED BY C~1 TURNER WHICH PASSED BY UNANUmns VOTE. 1. Do not initiate a concentrated code compliance program "door to door" in the CBD. 2. Do continue the Fire Department company inspec- tion program. 3. Do adopt an ordinance amending Section 502 of the Building Code (Exhibit ",A.") to require inspection and recertification of occupancy at the time of change of tenant or owner. 4. Do initiate administrative procedure to require recertification of occupancy by Building Official prior to business license issue with specified time limits to preclude undue delay of issuance. It was mentioned that the requirement for the occupancy permit would help with the pOlicing in the industrial areas also because they would have to meet certain standards prior to being able to obtain the occu- pancy permit. REPORT RE PERSONNEL DEPT. STAPF ADDITIONS A letter was submitted to the Council by Cm Turner suggesting that the Personnel Director have a full-time Personnel Assistant. The letter indicated that the item was discussed in June during the budget session and the City ~anager felt a part-time assistant with limited qualifications would be sufficient. Cm Turner has asked that this item again be discussed by the Council. ~r. Parness stated that it was his understanding he was to report back to the Council if he observed staffing difficulty. The Council discussed the item and it was suggested that perhaps Cm Turner should discuss the matter with ~1r. Parness, ask some pertinent questions relative to the work load in that area and find out what other departments might need helD. The Council majority felt they should not arbitrarily decide 'vhich department should have additional helD as this should be one of the respon- sibilities of the City Manager. Cm Turner agreed to meet ,'lith the Ci ty ~1anager. Cf1-34 -32 8 October 11, 1977 CONSENT CALENDAR Reso. Auth. Exec. of Agree. - Merchants' Lot The Council adopted a resolution authorizing execution of an agreement with ,John Regan relative to lease of the Herchants' Parking Lot. RESOLUTION NO. 226-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREm1ENT (.John Regan) Reso. Auth. Acq. of ~ederal SurJ?lu~_.__ The Council adopted a resolution authorizing acquisition of federal surplus and authorizing officials to sign purchase agreements. RESOLUTION NO. 227-77 A RES()LUTION AUTHORIZING FEDERAL SUR- PLUS ACQUISITION Reso. Approving Tract Hap 3758 The Council adopted a resolution approving the subdivision of Tract 3758 (Dogwood Park site). RESOLUTION NO. 228-77 - - RESOLUTION APPROVING MAP OF THE SUBDIVI- SION OF TRACT 3758 (Dogwood site) Reso. re Street Resurfacing The Council adopted two resolutions relative to street resur- facing: RESOLUTION NO. 229-77 A RESOIJUTION AUTHORIZING ACCEPTANCE OF TNORK AND AUTHORIZING AND DIRECTING THE RECORDINC:; OF NOTICE OF COMPLETION RE 1977 STREET RE- SURFACING PROJECT. RESOLUTION NO. 230-77 A RESOLUTION AUTHORIZING ACCEPTANCE OF WORK AND AUTHORIZING AND DIRECTING THE RECORDING OF NOTICE OF Cm1PLETION RE MAPLE STREET RECONSTRUCTION. Reso. re Addition of Scenic Element to General plan This item was acted upon during discussion of the public hearing on the General Plan. No further action required. C~1- 34- 32 9 October 11, 1977 Status Report re Central Area Element to General Plan The Planning Director submitted a status report concerning the Central Area Element to the General Plan, for informational purposes only. P.C. Summary of Action The Council received a copy of the Planning Commission Summary of Action from their meeting of October 4, 1977. Payroll & Claims There were 117 claims in the amount of $175,252.18, and 330 payroll warrants in the amount of $130,040.58, for a total of $305,292.76, dated October 5, 1977, and approved by the City Manager. APPROVAL OF CONSENT CALENDAR ON MOTION OF Cr'l KAf-1ENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR lV'AS APPROVED lUTH DELETION OF ITE~1 5.5 (Scenic Highway Element Resolution) WHICH WAS ACTED UPON AFTER THE PUBLIC HEARING (1.1). ~~TTERS INITIATED BY THE STAFF (Status Report re "P" Street Median) f\1r. Lee reported that the section of Railroad Avenue between "P" Street and Stanley Boulevard is nop complete and as part of the project a portion of "P" Street was being reconstructed, and a median was to be placed on "P" Street. When this \<1as discussed with the Council it was suggested that a temporary median be installed so that its effectiveness might be evaluated. Sand bags will be placed along the middle of the street area and the merchants in the area have been notified that this will take place beginning October 12th. The area will be observed for about t,^,o \'leeks, after 'Vlhich a renort and recommendation \,rill be made by the staff. (Nevl Assistant to City Attorney) Mr. Reiners, the City Attorney, introduced his new assistant, ~1011y Dent. CTvl-34-330 October 11, 1977 (Tour of Park- ing Facilities) Mr. Parness reported that the Chamber merchants committee will be touring parking facilities in three cities about the size of Livermore with the same type of commercial ~roblems, with the ~1ayor and !lr. Parness. The group hopes to learn \'Ilhat these cities have done about parking, particularly in the downtown areas, how parking facilities have been financed, etc. The cities are Fairfield, Napa, and Santa Rosa. (Critical Issues Seminar - 10/14/77) ~1r. Parness reported that the City has scheduled a Critical Issues Seminar which \vill be conducted Friday, October 14th. The agenda that will be used will be for guidance purposes only and hopefully the main essence of the meeting will be to resolve questions in problem areas that interested community members might have. The seminar will take place from 9:00 a.m. to about noon and the Council is urged to attend. (League ~1eeting) The League of California Cities has scheduled an annual meeting for briefing on legislative implementation. The meeting has been scheduled for November 10th, which will be an all day session and will be a very interesting and informative session. Representatives will learn what legislation has been adopted as well as a preview of legislative items that will be intro- duced at the next session. ~~TTERS INITIATED BY THE COUNCIL (Heart Associa- tion Cyclethon) Cm Turner stated that on Saturday, October 22nd, the Heart Asso- ciation will hold a Cyclethon which will be a 30 mile route by bicycle. He plans to ride in the Cyclethon and he invited other members of the Council to participate. (Letter of Thanks to LCAC) Mayor Tirsell asked that the City write a letter of appreciation to the Livermore Cultural Arts Committee for the festival pre- sented by them this year. (Hillside Grad- ing Ordinance) Mayor Tirsell stated that some time ago a group of citizens met and prepared a hillside grading ordinance. It was prepared for the Planning Commission but has never been discussed. She would like this item scheduled for discussion by the P.C., as some of the citizens who worked on it have made inguiries as to the status of it. 01-34-331 October 11, 1977 DISCUSSION RE CAMPAIGN ORDINANCE The City Attorney expressed his apology that the ordinance relative to campaign contributions, etc., contains typos. He stated that he did not have a copy of the original draft with him but there seems to have been a transposition of some of the wording and he ~vould reauest postponement of the item. Cm Turner stated that as he recalls the discussion the Council agreed to remove the provision stating that a successful candidate would lose his or her seat if they failed to file on or before the day before taking office. It was explained that a successful candidate could file late but would have to pay $100 penalty and if he forgot to file on the day of taking oath, or before, he or she Hould lose the seat. Item will come back to the Council at a later date. ZOo ORD. RE LONDON WAY CUL-DE-SAC ON rvlOTION OF CT1 TURNER, SECONDED BY C~l KA'1ENA AND BY UNANPlOUS VOTE, THE ZONING ORDINANCE AT'-mNmmNT TO REFLECT THE DECISION TO ELHlINATE THE LONDON WAY TURNAROUND, T^7AS INTRODUCED A"m READ BY TITLE ONLY. ORD. AI'1END. RE SE1"'VER CONN. CHARGES ON IlOTION OF e~~ KA"~ENA, SECONDED BY Cl\~ TURNER AND BY UNANITv1:0US VOTE, THE ORDINl\,NCE A1\1END~1ENT RELATIVE TO SEHER CONNECTION CHARGES, r'lAS ADOPTED. ORDINANCE NO. 931 AN ORDINANCE AMENDING SECTION 18.2 RELATING TO SENER CONNECTION CHARGES, GENERALLY, OF CHAPTER 18 RELATING TO SE1"'7ERS, OF 'T.'HE LIVER~lORE CITY CODE, 1959. arm. A'1END. RE STOR~T DRAIN FEES ON 'lOTION OF en KA'lENA, SECONDED BY C"1 TURNER AND BY UNANPlOUS VOTE, THE ORDINANCE A'iENDl\1ENT RELATIVE TO STORH DPAIN FEES ~^l]\S ADOPTED. ORDINANCE NO. 932 AN ORDINANCE AHEl\IDING CHAPTER l8A, RELAT- ING TO S'T'f)R~l DRJ\IN.7\GE, OF THE LIVER~1ORE CITY CODE, 1959, BY AMENDING SECTIONS IBA.5, RELATING TO FEES AND 18A.6, RE- LATING TO CREDITS, A~D REPEALING 18A.7, RELATHTG TO ANNUAL NlEND"U':NT OF FEE SCHEDULE. AD,JOURNrlENT There being no further business, the ~avor adjourned the meet- ing at 10:50 p.m. to an executive session to discuss litigation. ':1sl~ ~~ _./Jd __ , n ,y~ oJL4-J-tL Jl APPROVE ,ATTEST L- ty~Clerk Llvermore, California C~1-34-332 Regular Meeting of October 17, 1977 A regular meeting of the Livermore City Council was held on October 17, 1977, in the Hunicipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:05 p.m. with Mayor Tirsell presiding. ROLL CALL Present: Turner, Staley and Mayor Tirsell Absent: Kamena (seated later) and Dahlbacka (excused - business) PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. MINUTES - 10/3/77 P. 311, line 9 should read: before because PG&E had to cover their expenses and profit. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF OCTOBER 3, 1977, WERE ADOPTED AS CORRECTED. SPECIAL ITEM - JAYCEES HAUNTED HOUSE Cm Staley announced that there is a group of motl~y individuals in the audience who have come to request that they be allowed to have a residence in a commercial district. He stated, in jest, that he would be opposed to the request by the group of rascals and would recommend denial. He was promptly removed from the Council Chambers by the Jaycee jesters. When Cm Staley returned he stated that he has had time to recon- sider the request and would recommend approval of the variance. CM KAMENA SEATED AT THIS TIME. OPEN FORUM (Water Rec. Budget Request) Ray Faltings, 1018 Via Granada, stated that in June during the budget session and at the City Council meetings there was a request made for information relative to the Water Reclamation Plant budget, as there was no increase anticipated in revenue from ERDA. He would like to know what action, if any, will be taken to increase the revenue received from LLL and Sandia inasmuch as the City will be providing additional services for additional effluent from them. Mr. Lee explained that the City has been in contact with ERDA relative to the sewer contract for these two installations. The staff is considering a change in the rate formula but it has not been determined that this would be justifiable. The Council will be receiving a staff report concetning flow from the ERDA facili- ties and what the records show the trend to be. CM-34-333 October 17, 1977 P.H. RE ZOo ORD. AMEND. RE FENCES & WALLS/CORNER LOTS This is a continued public hearing from the meeting of October 3rd, at which time the Council heard testimony from the public relative to extending fences/walls on corner lots. The item was continued pending pertinent information from the staff. Mr. Lee has recommended that Exhibit C of his report shows a modi- fied fence setback which would not lessen the sight distance. In this exhibit the property line would be allowed to come within 30 ft. from the point of intersection of lines tangent to the right-of- way of two intersecting streets. Jerrold Henderson, 5346 Scenic Avenue, stated that he feels the Public Works Department did a very good job of reporting on this matter. He stated that the study was done in depth and he apologized for blasting the staff the last time he spoke on this issue. He re- iterated his statements made in the past about corner lots having to be maintained by owners but being of no value other than to dogs and cats. The ordinance amendment, as proposed by Mr. Lee would allow people to utilize their side yards without affecting the safety of motorists. Chris Gatrousis, stated that he has a unique situation in that he is located on a corner lot of a cul-de-sac and wondered if each case is going to be reviewed separately, and the staff indicated that review would not be made of each case. Mr. Gatrousis drew the configuration of his street and the location of houses and driveways to illustrate his particular problem. It was suggested that perhaps the ordinance could have first reading with direction to the staff to review cul-de-sac situations prior to adoption of the ordinance in case there should be some slight modification relative to these circumstances. It was concluded that people will be advised that if they have spe- cial circumstances they can apply for a variance. CM STALEY MOVED TO INTRODUCE THE ORDINANCE AMENDMENT RELATIVE TO FENCES/WALLS FOR CORNER LOTS. MOTION SECONDED BY MAYOR TIRSELL. Prior to introduction there was discussion relative to the speed estimated for traffic in the Gatrousis residence vicinity and the sight distance and safety factor that would be involved with the ordinance amendment. It was suggested that perhaps the ordinance should require a certain set of approvals that would have to be given in order to make a change in the fence setback, as this would cover special circumstances. The variance procedure is sometimes involved and applications are denied and the process of approvals would eliminate the necessity for a variance application. Ultimately, the Council felt that the special circumstances would be very few and it would be best for that person to apply for a variance. It was pointed out in reviewing the various exhibits, that Exhibit C would allow for more room in the front and back yards. MOTION PASSED BY UNANIMOUS VOTE AND ORDINANCE WAS INTRODUCED AND READ BY TITLE ONLY. CM-34-334 October 17, 1977 COMMUNICATION RE LEGISLATIVE ASSIST. A letter was received from Senator S. I. Hayakawa, offering assistance with legislation or with problems involving federal agencies, in general. Item noted for filing. CONTINUED DISCUSSION RE FBO LEASE TRANSFER The Council continued discussion of the request to transfer the airport FBO lease from the three current operators to William Dougherty, one of the partners of the lease. The Council had asked for information relative to the financial status of the partnership which has been supplied by the Direc- tor of Finance. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE COUNCIL APPROVED THE FBO LEASE TRANSFER, AS RECOM- MENDED BY THE STAFF. Resolution approving the transfer will appear as a Consent Calendar item next week. CONTINUED DISCUSSION RE PUBLIC TRANSPORTATION ~YSTEM - ROUTES, ETC. The Council continued discussion of the proposed transit system for Livermore and concern was expressed that there are many areas will be left unattended by bus service, in reviewing the routing that has been proposed. It was pointed out that Ms. Shaw noted during the last discussion that if service is added to another area it means that service will have to be deleted from one of the areas now proposed to receive service. There is only so much money available for service and unfortunately every section will not be served. The proposed routes are trying to serve areas that might be needed by school children because one of the purposes is to get adults to stop driving children allover town when they can take the bus to a certain activity. This is the reason the bus route goes as far south as the soccer field on Holmes Street. At present Chabot College is being served in order to get students to ride and if it is determined that students are not riding service to that area will be discontinued and a different area can be served. The Committee has recommended a six month trial time to determine where the most service is needed or where busses are not being used and after the six months, changes can be made accordingly. The argument was made that an effort should be made to encourage people in the Greenville, Proud Country area and Valley East, to shop in town and a bus service to these areas might accomplish this. The comment was made that the Committee has been reviewing and working on this issue for months and it would seem prudent to initially follow their advice on the routing proposed. CM-34-335 October 17, 1977 (re Local Transportation) Barbara Shaw, 2515 Palm, stated that to extend service to the residences to the north of Livermore it would take more money than what has been alloted for the system and in her opinion the City should wait six months to evaluate ridership prior to making changes. CM KAMENA MOVED TO APPROVE THE ROUTES, AS RECOMMENDED BY THE TRANSPORTATION CO~~ITTEE, AS WELL AS THE FARES AND THE TIME SCHEDULES, AND TO APPROVE THE FILING OF THE NEGATIVE DECLARATION. MOTION SECONDED BY CM STALEY WHICH PASSED BY UNANIMOUS VOTE. Mr. Faltings, 1018 Via Granada, urged the Council to look very carefully at a Transit District because if AC Transit is to be used we will have another BART on our hands. The City should remain a separate and distinct area of AC Transit. It was pointed out that the City has not decided who the operator of the system will be. John Powell, 1237 Norwood Place, stated that as he interprets the map, the bus will be turning around in the residential area and driving back up Holmes Street to return to town. He wondered if it would be better if the bus went back by way of Arroyo Road. If the bus made a loop down Holmes Street and up Arroyo Road three parks could be serviced. Mr. Schilling explained that the Committee felt it would be better for the bus to travel two directions on a street rather than to go only one way. REPORT RE JOB RECLASSIFICATIONS The Personnel Director reported that included in the settlement with Local No.3, Operating Engineers, was the request for job reclassifications. Analyses have also been done for 1) Records and Communications Supervisor; 2) Senior Water Reclamation Plant Operator; and 3) Equipment Haintenance Attendant. The Council is asked to adopt a resolution approving the proposed job classifications. ON MOTION OF eM KAMENA, SECONDED BY CH STALEY AND BY UNANIMOUS VOTE, THE RECLASSIFICATION STUDY WAS ADOPTED, BY RESOLUTION. RESOLUTION NO. 231-77 A RESOLUTION ADOPTING REVISED JOB DESCRIP- TIONS (Equipment Maintenance Attendant; Senior Water Reclamation Plant Operator; and Records and Communication Supervisor) RESOLUTION NO. 232-77 A RESOLUTION ADOPTING NEW AND REVISED JOB DESCRIPTIONS (Street, Golf Course and Park & Tree Departments) The Personnel Director noted a few minor changes to some of the job descriptions and added that there is one reclassification she will be bringing to the Council in about a week which was a belated request and not part of the original reclassifications requested. CM-34-336 October 17, 1977 (re Job Studies) Mr. Parness commented that the classification study has been under preparation by the Personnel Director for about the past eight months and has required nearly full-time devotion. It is very complex and difficult because it requires a study of what people are doing and must be done in a very precise way. It also requires discussions with the supervisors and department heads as well as the people involved and often there is not con- currence with what has been assessed and what people feel they are doing. ~r. Parness stated that the classification studies have been difficult and trying and the Personnel Director has done a very fine job. REPORT RE PERS CON- TRACT RE RETIREMENT The Personnel Director reported that AB 568, signed into law as urgency legislation allows agencies to amend their PERS contracts to eliminate the mandatory retirement provision at age 67. It is the recommendation of the Personnel Director that the City of Livermore not amend its PERS contract at this time. The Personnel Director explained that the reason for her recom- mendation was at the advice of PERS as they would like to wait and see what happens with other cities who do amend their con- tract. CM TURNER MOVED TO ADOPT THE RECO~1~ENDATION OF THE PERSONNEL DIRECTOR, SECONDED BY MAYOR TIRSELL. It was noted that the Council intends to do nothing with or without the motion and the motion was withdrawn. CM TURNER MOVED TO TABLE THE ITEM BUT FAILED FOR LACK OF A SECOND. Item noted for filing. The City Attorney commented that he will be watching this item very carefully and will be reporting back to the Council. REPORT RE ADVERTIS- ING APARTMENT SIGNS The Planning Director reported that at the Council's request the staff has prepared a report on advertising signs posted at apartment locations, which includes a list of apartments with non-conforming signs. CM KAMENA MOVED TO REFER THE ITEM TO THE P.C. FOR CONSIDERATION AS TO WlIETHER OR NOT THAT PORTION OF THE ORDINANCE SHOULD BE AMENDED. MOTION SECONDED BY CM TURNER. Perry Harabadian, 4262 Drake Way, asked about the process of sending the item back to the P.C. and if the signs could remain until the matter has come back from the P.C. MOTION PASSED BY UNANIMOUS VOTE. CM-34-337 October 17, 1977 (re Apt. Signs) Discussion followed concerning whether the City should continue with abatement of the signs or hold abatement pending comment from the P.C. It was suggested that perhaps it would be reasonable to observe a moratorium concerning sign abatement until the Council has had some type of recommendation from the P.C. CM KAMENA MOVED TO ASK FOR A REPORT FROM THE P.C. IN ONE MONTH AND THAT THE ABATEMENT PROCESS BE HELD AS IT HAS FOR THE PAST TWO MONTHS. MOTION SECONDED BY CM TURNER. MOTION PASSED BY UNANIMOUS VOTE. REPORT RE BEAUTIFICA- TION OF TRAFFIC ISLANDS AND VARIOUS PARK AREAS The Director of Public Works submitted a report concerning recom- mendations by the Beautification Committee for the following projects: 1. Brickyard Green (extension of Railroad Avenue area) 2. Traffic Islands at Railroad and E. Stanley 3. Portola (park) Common Extension 4. Traffic Islands at Fourth and College Avenue The Beautification Committee, in reviewing the above projects, has stressed the importance of the installation of bike paths, drinking fountains, night lighting when appropriate, and bike racks. The areas were designed with the help of the Parks and Trees Depart- ment, minimizing maintenance of planted areas as well as the selec- tion of plants that would require a minimum amount of water. CM STALEY MOVED TO ADOPT THE RECOMMENDATIONS OF THE PUBLIC WORKS DIRECTOR AND BEAUTIFICATION COMMITTEE AND TO ADOPT THE DESIGN FOR FOURTH AND COLLEGE AVENUE INTERSECTION (Item 4.5) APPROVING THE FILING OF THE NEGATIVE DECLARATION. MOTION SECONDED BY CM TURNER. Mr. Lee mentioned that the first three items have been budgeted for and the last item has not been completely reviewed b~' the state who may participate, through the Safer Roads Demonstration Program which is federally funded. Mr. Parness asked if it would be appropriate to contact the Livermore Heritage Guild to ask them what their plans might be for the location of the museum they have been working on since beautification of the area will be taking place. The Council felt it would be reasonable to ask about their plans. MOTION PASSED BY UNANIMOUS VOTE. REPORT RE POTENTIAL LIABILITY RE L~ZZIE FOUNTAIN PARK The City Manager reported that potential public liability exists relative to the water at the Lizzie Fountain Park site. Children regularly walk or ride vehicles through the shallow water and the Council may wish to consider installation of a low, ornamental chain around the periphery of the water. The cost for this type of barrier would be approximately $200. Item noted for filing. CM-34-338 October 17, 1977 P.C. REPORT RE CUP - Rec. Vehicle Storage at 3036-3038 First St. The P.C. reported on a CUP application to allow construction of a storage building and exterior recreational vehicle boat storage facility to be located at 3026 and 3028 First Street, that has been conditionally approved by the P.C. It is recommended that if the Council concurrs with the approval by the P.C., a resolution be adopted authorizing the filing of a negative declaration, and granting the permit. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMUOUS VOTE, THE COUNCIL APPROVED THE ACTION TAKEN BY THE PLANNING COMMISSION AND AUTHORIZED FILING OF THE NEGATIVE DECLARATION. RESOLUTION NO. 233-77 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT ( WACO Company - Bud Ferrell) P.C. REPORT RE MODEL NOISE CONTROL ORDINANCE The Director of Planning submitted a written report on the uniform noise ordinan~e proposed for Alameda County, and outlining the County's proposal. The report was informational only but it has been suggested by the Noise Ordinance Committee that all of the local nuisance items unique to each separate city be removed so as to be enforced by local pOlicing. The Council generally concurred with the recommendations for the proposed ordinance. REPORT RE STORM DRAIN eVERSIZING REIMBURSEMENT The Director of Public Works reported that Mr. Hutka, the developer of Roller King, has requested credits for storm drain oversizing in conjunction with the project development. Contractor's bids have been submitted, the credits have been calculated, and it is recommended that the Council approve the payment for the oversiz- ing cost in the amount of $5,945.25. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, A RESOLUTION AUTHORIZING PAYMENT WAS ADOPTED. RESOLUTION NO. 234-77 A RESOLUTION AUTHORIZING PAYMENT (Ed Hutka - Storm Drain Reimbursement) REPORT RE BARN PAINTING The Assistant to the City Manager reported that in discussing the construction of the Multi-Service Center, the Council expres sed interest in painting the Barn to improve its appearance. The architects of the Multi-Service Center have suggested a dark rust color (Gingerbread) to camouflage rust on the tin building. CM-34-339 October 17, 1977 (re Barn Painting) The recommendation by the architects was reviewed by the Planning Commission, the Beautification Committee, the Social Concerns Com- mittee and Design Review. Painting was approved by the P.C. and the Social Concerns Committee and also by the Beautification Com- mittee who recommended that there also be trellis work installed for training ivy to eventually cover the building. The Design Review Committee recommended that no major changes be made pending further information relative to its historical sig- nificance. It was suggested by the Beautification Committee that the Barn roof be replaced to improve its appearance and this cost has been estimated at $10,000. It was noted that the intent is that the roof will not be painted but the Council felt all of the Barn should be painted or nothing should be done at all. A new roof cannot be afforded for possibly 10 years and since it is visible it should also be painted if the sides are going to be painted. Ayn Weiskamp, 1413 Lillian Street, explained that the Beautification Committee gave their anoroval if this is what the City wants to do (Barn painting) but what they really want is trellis work with greenry because that area is so desolate. It would seem that if there is to be paining it should be painting of the roof rather than the sides, because this is the portion of the building that is particularly visible. CM KAMENA MOVED TO AUTHORIZE PAINTING OF THE BARN THE GINGERBREAD COLOR RECO~~ENDED BY THE ARCHITECT, AS LONG AS THE EXPENDITURE DOES NOT EXCEED $350. MOTION SECONDED BY CM STALEY AND PASSED BY UNANI- MOUS VOTE. REPORT RE COMPLETION OF SIDEWALK - FENTON AVE. The Director of Public Works reported that there have been complaints from some of the senior citizens who live in the retirement apart- ments located on Fenton Avenue, relative to the absence of some sidewalk area along Fenton Avenue. The residents walk to the medical facilities on the east side of Fenton Avenue where portions of the sidewalk are missing. The Streets & Highways Code requires notification to property owners who may elect to do the work or ask the City to install sidewalk and then be billed for the work. If the owner allows the City to install the sidewalk and does not want to pay for installation upon its com- pletion, the cost will be placed on the tax roll. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COUNCIL AUTHORIZED THE STAFF TO PROCEED WITH NOTICES TO PROPERTY OWNERS. RESOLUTION NO. 235-77 RESOLUTION OF INSTRUCTIONS DIRECTING THE SUPERINTENDENT OF STREETS TO PROCEED TO GIVE NOTICE OF CURB, GUTTER, SIDEWALKS AND/OR PAVE~1:ENT CONSTRUCTION. (Fenton Ave.) CM-34-340 October 17, 1977 CONSENT CALENDAR Departmental Reports The following departmental reports were submitted for informational purposes: Airport Activity - August Building Inspection Department - September Emergency Services - July/September Horizons Statistical Report - January/August Mosquito Abatement District - August Police and Pound Departments - September Water Reclamation Plant - August Reso. Auth. Lease Amend. - City Hall Annex (Finance Dept.) The lease for the City Hall annex (Finance Dept.) expired on September 30, 1977. The staff has negotiated a lease extension for a term that should be satisfactory until new quarters are available. The lease rate was $400 per month, which will be increased to $500 per month December 1, 1977. The Council adopted a resolution authorizing the lease amend- ment. RESOLUTION NO. 236-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (First Amendment to Lease: City Hall Annex) Reso. Adjusting Water Storage Fee The Council adopted a resolution adjusting the water storage fee, reflecting past Council discussion. RESOLUTION NO. 237-77 A RESOLUTION ADJUSTING WATER RATES AND CHARGES, 1977 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 (P.H. re Community Develop. Projects) Mr. Schilling reported that the Social Concerns Committee will be holding a public hearing relative to Community Development projects, which will be held on Thursday, October 20th. CM-34-34l October 17, 1977 (Discrete Sewers. Reg.) Mr. Parness reported that he met with a staff member of the Regional Water Quality Control Board to discuss their proposed policy for new discrete sewer systems. The Council position concerning new discrete sewer systems was presented to the staff member and it will be reported to the Regional Board tomorrow morning, October 18th. Mr. Parness inquired about the type of notice used in informing all local jurisdictions within the nine Bay Area County region, because it was very unusual that Livermore was the only public agency who reacted to the proposal. Apparently other cities were not notified, but the County and a few water districts were notified. Mr. Parness felt this was very unusual because municipal governments would have a vast interest in this item and would generally oppose it. The Regional Board did appear before the ABAG Environmental Task Force last week and of the 40-45 members who are all local officials on that committee, the only one who spoke in opposition to the proposal was Vice Mayor, Joyce LeClair, of Pleasanton. The only reason Pleasan- ton knew about it was because Livermore had brought it to their atten- tion. At the insistance of the ABAG Committee, the Regional Board staff will recommend to the Board that this entire matter be postponed for another month to allow receipt of additional input. Mr. Parness asked for Council permission to alert all cities of this proposed policy adoption and urging their opposition to it. (County Consideration of Amend. to Gen. Plan) Mr. Parness noted that the County Planning Commission will consider an amendment to the Alameda County General Plan which has to do with the Geldermann property north of town, on October 24th. Hr. Parness asked if the Council would like to have special counsel attend the meeting, as it seems to be a somewhat routine matter. The City Attorney recommended that special counsel attend that meeting as there is a possibility that the County Planning Commission may feel they can do something they can't. MATTERS INITIATED BY THE COUNCIL (Skateboards) Cm Turner stated that he has received complaints about skateboards being used in the streets, etc., and he has been observing some of the related problems. He asked for a suggestion as to how this type of problem might be controlled. It was suggested that the staff contact the Police Chief to find out about the City's liability. CM-34-342 october 17, 1977 (Complaints re Weekend Real Estate Signs) Cm Staley reported that over the past couple of weekends he has received a number of complaints about the weekend real estate signs in residential neighborhoods and wondered if more can be done to control violations. Mr. Parness reported that the Police Department has been confis- cating these signs but it is a problem that continues. (Tour of Parking Facilities in Othere Cities) Mayor Tirsell reported on the tour of parking facilities in Fairfield, Napa and Santa Rosa. Some very interesting informa- tion was revealed during discussions with representatives of these cities. She urged that the Councilmembers talk with merchants Mel Luna, Bob Rurnburger, Dom Sugillio, Ed Rivinius, or Bob Tieke, as they also toured these facilities. Mr. Parness will be discussing this item at the Chamber of Commerce meeting tomorrow. (Demolition of Standard Station) Mayor Tirsell noted that the Standard Station which was located at portola and First Street has been leveled. There were some very nice plants in that area which makes an attractive area coming into town and perhaps the staff could write to Standard Oil with an inquiry as to whether or not Standard Oil will con- tinue to water this area. INTRO. OF ORD. RE CAMPAIGN CONTRIBUTIONS ON MOTION OF MAYOR TIRSELL, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE ORDINANCE AMENDMENT RELATIVE TO CAMPAIGN CONTRIBUTIONS AND EXPENDITURES, WAS INTRODUCED AND READ BY TITLE ONLY. ADOPTION OF ZOo ORD. RE REZONING OF TREVARNO RD. ON MOTION OF CM KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE ORDINANCE AMENDMENT REZONING TREVARNO ROAD TO RS-3-HP WAS ADOPTED. ORDINANCE NO. 933 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE, BY AMENDING SECTION 3.00 THEREOF, RELATING TO ZONING. CM-34-343 October 17, 1977 ADOPTION OF ZOo ORD. AMEND. RE LONDON WAY ON MOTION OF CM KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE ORDINANCE AMENDMENT TO ELIMINATE THE LONDON WAY CUL- DE-SAC WAS ADOPTED. CITY MANAGER STATUS REPORT Traffic Signals Plans have been prepared for the Second Street/"L" Street traffic signal. Crime Prevention Last week was Livermore's Crime Prevention Week. A very elaborate program was planned and conducted by the STEP team and citizen representative, Dorothy Sladky. The exhibit inside the van they used was really an outstanding exhibit. There were 1,597 children and parents who went through the van exhibit and this was a big accomplishment. Community Issues Seminar Most of the people who attended the seminar relative to community issues, in general, were from the real estate and banking community. There were about 60 people in attendance and the seminar was rather successful. Questions were asked about the Park Development Fee and it was noted that $164,000 has been collected since 1972, $100,000 of which has been spent thus far for park improvement purposes through LARPD . ADJOURNMENT There being no further Council business, the meeting was adjourned at 10:00 p.m. APPROVE -~j~1?\ r al'ut' ~' . ..od Jk ) . ayor (~~~ Clerk re, California ATTEST 01-34-344 Regular Meeting of October 24, 1977 A regular meeting of the Livermore City Council was held on october 24, 1977, 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: Cm Kamena, Turner, Staley and Mayor Tirsell Cm Dahlbacka (seated later) PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. MINUTES - 10/11/77 ON MOTION OF CM KM1ENA, SECONDED BY eM TURNER AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF OCTOBER 11, 1977 WERE APPROVED AS SUBMITTED (Cm Staley abstained due to absence) . SPECIAL ITEM - Presenta- tion of Beautification Committee Awards Two or three times a year the Beautification Committee makes awards to citizens of the community who are deserving of recog- nition for their efforts relative to various items of beautifica- tion which help beautify the community at no cost to taxpayers. Awards were presented to the following citizens: Jerald K. and Barbara Pratt, 417 Jillana, attractive well groomed home and yard showing pride of ownership. Giles R. Hammat, Jr., 605 Geraldine, attractive low maintenance landscaping of a corner lot. David w. and Rosely Smith, 1474 Lexington, bright cheery house with appropriate flowers and seasonal decorations. Harold L. Kamp, 2695 First Street, attractive new commercial building with effort made to preserve pepper trees. Burt Duke, 212 South "L" Street, very stylish renovation of a commercial building. A group award was also presented for a Granada High School and Livermore High School art project which was the mural painted on the back portion of the buildings in the Rincon Avenue Shopping Center, facing the May Nissen Park area. The project was done by the art teachers and some of the art students of these schools, with the assistance of LARPD and private citizens who contributed in various ways. Bernie Segal, Granada High School art teacher, presented a viewing of the mural and presented the video tape to the City to be included in City archives. Certificates were presented to the above mentioned citizens, as well as to the individual students and teachers. CM Dahlbacka seated at this time. CM-34-345 October 24, 1977 OPEN FORU'1 (Bus Route) John Powell, 1237 Norwood Place, stated that he has a reauest from residents on Shamrock Road, Norwood Road, Norwood Place ~nd Avon Place, asking that designated bus route #253 be changed. They are not petitioning a change but would like to offer this as a recommendation, because the turn around street is only 40 ft. wide. Mr. Powell, as spokesman for that area, felt the citizens should have had more time to submit recommendations or give public testi- mony on this item and they would request a scheduled hearing for discussion of this item. It was explained that there have been two Dublic hearings on this item and the route was not changed because this had been the recom- mendation of the Transportation Committee who had been studying the routes for two years. It was suggested that Mr. Powell contact the Transportation Com- mittee for an explanation as to why certain streets were selected as part of the routing, etc. (Planned Presentation) Michelle Freitas, 476 Malibu Court, stated that she would like to make a presentation to the Council next week concerning some Livermore streets and asked if she would be able to use the black- board for part of the visual aids. She was told that she would be welcome and she would be able to use the blackboard. P.E. RE PRIVATE PARKING ENFORCEHENT INCLUDING HANDICAPPED PARKING The Council has instructed the staff to proceed in implementing an off-street private parking regulation program relative to reservation of parking stalls for handicapped persons, reckless driving, basic speed law, and speed contests and exhibition of speed. This process will provide any private parking lot, properly posted, the ability for enforcement of parking regulations and citation of violators. As part of the process it will be necessary to adopt a resolution allowing enforcement of parking regulations on private property, and also enforcement of traffic speed on private property. The hearing was opened and there was a question as to whether or not the resolution will apply to the Housing Authority in Livermore, because they are having problems with traffic enforcement in the Leahy Square area because this is a private street. The City Attorney commented that if the area is posted notifying people of the regulations and enforcement, the resolution can apply to that area also. Edward Rathbun, from the Livermore Center, stated that he is in favor of the enforcement program and he would like to see signs made available for purchase by owners so that there will be uniform signing of private parking areas. He stated that he feels this should not be a City expense and he is sure owners vrould be happy to purchase the signs if the City has the material, etc., to provide them. C}1-34-346 October 24, 1977 (Private Parking Lots) Mr. Lee explained that the material used by the City for street signs would not really be suitable for this type of sign and suggested that perhaps the City could make a blanket commercial order for the signs. Mr. Christmas, 394 Pearl Drive, stated that he lives off of Murdell Lane and he has observed that people have no consideration at all for the speed limit in that area. He is also in favor of the enforce- ment of the regulations for handicapped parking. It was explained that the public hearing has to do with private property only. Ayn Weiskamp stated that some of the private parking lots do not provide for handicapped parking and she wondered if the ordinance will make this mandatory. This procedure will not make handicapped parking mandatory but will provide for enforcement of spaces that are restricted for handicapped parking if the owner posts the signs. The City will be encouraging installation of restricted spaces for the handicapped but it cannot be mandated. Hal Kamp, owner of Kamp's Furniture, wondered if the ordinance will help control parking of vehicles that do not belong to patrons of the store. He stated that he has observed vehicles parked in his driveway and in the walkway and they are doing everything they can to control this type of violation. Mr. Kamp was told that he already has the authority to ask the Police Department to cite vehicles abusing the privilege of parking on his property. This procedure will not make a difference, relative to this particular situation. Michelle Freitas, stated that her mother is handicapped and visits about four times a year. When her mother is here she drives her to the store, etc. and she uses the handicapped parking spaces but her mother does not use a wheelchair. She wondered if she is in violation of the parking regulations by using the handicapped spaces. Mrs. Freitas was told that handicapped people have a special license plate which indicates to the Police Department that a person driving the vehicle is handicapped or the vehicle is used to transport a handicapped person. This is the way a policeman knows whether or not a citation should be issued. It was suggested that Mrs. Freitas stop in front of the store to let her mother out of the car and then find a parking space. C~1 STALEY MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY CM TURNER. It was noted that the only written comment submitted was from John Regan who has indicated that in view of the short term of the parking lot lease he will be taking no action relative to the enforcement of private parking facilities. It was suggested that perhaps the Council should take no action this evening and direct the City Manager to personally contact the owners of all the major shopping centers in town in case they did not realize the significance of this item when they were informed of the public hearing. CH-34-347 October 24, 1977 The comment was made that it is possible that the owners of the shopping centers in town intend to follow through with signing of their parking facilities and ",Till \vant the City to enforce their parking regulations, and at the same time it would not be necessary for them to have attended the meeting this evening. It was the consensus of the Council to notify merchants with park- ing lots that it is now possible for them to post the parking area and request enforcement. Resolution will be prepared and will appear as a Consent Calendar item at the next Council meeting. Jolene Abrahams, 737 El Caminito, stated that she contacted the Pacific Telephone Company and has been asked to research the area for handicapped telephones in conjunction with handicapped parking spaces. At her request they will survey areas recommended by her for installation of a telephone at the regular height and also a telephone the height for someone in a wheel chair. It is now mandated by PT&T that all new installations place a telephone at two different heights to accommodate handicapped persons. HOTION TO CLOSE PUBLIC HEARING PASSED BY UNANIMOUS VOTE. P.R. RE ZOo OR. TEXT N1END. RE VARIANCE A public hearing has been scheduled to receive public testimony on the recommended Planning Commission amendments to the Zoning Ordinance as it relates to Section 27.00 (variance procedures). It was noted that wording in the proposed change refers to the P.C. approving a variance and making findings and it was felt that perhaps this should be changed to P.C. or City Council. Mr. Nies explained that the P.C. has the authority to approve variances and make findings and the appeal procedure should be effective in allowing for approval and findings by the Council. The initial authority for granting a variance lies with the P.C. and this is what is referred to in this portion of the ordinance, with full understanding that the Council has the right to appeal. The P.C. is recommending that specific findings be made to grant a variance to insure that certain rights are not being infringed upon. CM STALEY MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY CM TURNER WHICH PASSED BY UNANUlOUS VOTE. The Assistant City Attornev explained that she is sure the Council can adopt the changes recommended by the P.C. for Section 27.00 and she will then review the appeal provisions of Section 29.00 to determine if this section covers the Council's concerns relative to wording in Section 27.00. If necessary, Section 27.00 can be amended to include approval and findings by the P.C. or the City Council. CM STALEY MOVED TO ADOPT THE RECOMMENDATIONS MADE BY THE P.C. AND TO ACCEPT THE NEGATIVE DECLARATION TO BE FILED WITH THE COUNTY CLERK, THE ORDINANCE TO BE INTRODUCED BY TITLE ONLY. MOTION SECONDED BY CM KAMENA WHICH PASSED BY UNANIMOUS VOTE. During discussion of the item Mr. Nies was asked how one of the old findings no longer listed was incorporated into the new findings (variance is necessary for the preservation and enjoyment of substantial property rights) and Mr. Nies explained that the state statute has been changed and this particular finding is no longer necessary. CH-34-348 October 24, 1977 (P.H. re Variance) The Assistant City Attorney explained that in essence only the language has been changed but actually the conditions remain the same. COMr1UNICATION RE LAVWHA STUDY A letter from LA~'m indicates that a condition of the grant for the LAVWHA study relative to reclaimed treated wastewater in the Livermore-Amador Valley, is the establishment of a Policy Advisory Committee and a Technical Advisory Committee. They are requesting submission of names as representatives of Livermore, to serve on the committees. Item was noted for filing pending further information as to who will be studying the matter. The letter seems to be pre- mature. Cm1.I1UNICATION RE SYMPOSIUM RE WATER The Council received an invitation from COVA to attend a sympos- ium on water management which will be held at the Dublin High School Auditorium on October 29th from 9:30 a.m. to 4:00 p.m. Councilmembers were asked to respond, individually. REPORT RE SU~iER JOBS FOR TEENS CO~~1ITTEE Barbara Hempill, Administrative Assistant for the City of Liver- more, reported that 350 students were placed in summer jobs through the Summer Jobs for Teens Committee. 1\1.r. Jack King, Chairman of the Committee, was in the audience and the Council thanked him for the Committee's work with the staff, the EDD office, the School District and LARPD, in making jobs possible for teens during the summer months. REPORT RE RECYCL- ING ATTITUDE SURVEY The Assistant to the City Manager reported that the Recycling Task Force has prepared a questionnaire to be distributed to homeowners relative to attitudes on a proposed recycling program. The cost of doing a mail survey of 500 questionnaires would be $130 and it is estimated that there would be a 40% response. Attempts to enlist organizations to do the survey without charge were unsuccessful. It is recommended that the Council approve the cost of up to $1 per questionnaire for student surveyors, to a maximum of $200, which should cover related student expenses. ON MOTION OF CM KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, A RESOLUTION AUTHORIZING A BUDGET AMENmmNT, NOT TO EXCEED $200 FOR AN ATTITUDE SURVEY, WAS ADOPTED. CM-34-349 October 24, 1977 RESOLUTION NO. 238-77 A RESOLUTION AUTHORIZING BUDGET N1END- MENT (Attitude Survey re Recycling) REPORT RE TRANSIT OPERATOR FOR LIVER- ~lORE BUS SYSTEM In reviewing the service proposals received from AC Transit and .the Bay Area Limousine Service, it is the recommendation of the staff and the Transportation Advisory Committee that the City contract with AC Transit for bus system operation in Livermore. It is recommended that the staff be authorized to develop system specifications and solicit service proposals from additional private operators and that AC Transit and Bay Area Limousine Service be asked to resubmit service proposals based on the City's specifications. CH STALEY HOVED TO DIRECT PROPOSAL FOR~1 FOR BIDDING OPERATORS VS. AC TRANSIT. PASSED BY UNl\.1\JI'lOUS VOTE. THE STAFF TO PREPARE SPECIFICATIONS IN PURPOSES TO EVALUATE INDEPENDENT BUS HOTION SECONDED BY C'1 KlvmNA, 1:vHICH REPORT RE SEWER CONN. AGREEHENT (Brendlinger 6421 South front Road) The Director of Community Development submitted a proposed sewer connection agreement for property located at 6421 Southfront Road which is presently used for recreational vehicle and boat storage. The property is owned by Charles H. Brendlinger who has agreed to the conditions of the proposed agreement. It is recommended that the Council adopt a resolution authorizing execution of a sewer connection agreement between the City of Livermore and Charles H. Brendlinger. ON HOTION OF CI1 TURNER, SECONDED BY 01 STALEY AIJD BY UNAND10US VOTE, THE RESOLUTION WAS ADOPTED. RESOLUTION NO. 239-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEHENT (Sewer Connection Agreement - 6421 South front Road, Brendlinger) REPORT RE REQUEST FOR RECLADmD W.Z\TER A letter has been received from the prospective mmer of 112 acres of land on Doolan Canyon Road. The property is located near the City's holding tank for reclaimed water and he is requesting that the City enter into a contract with him for the purchase of reclaimed water for irrigation purposes. The staff recommends that if the Council concurs, a contract will be drafted. There was concern that perhaps the City should have some kind of policy before entering into an agreement and the City Manager stated that contained in the report is the recommendation that there be a few provisions which are in essence a policy and are as follows: CH-34-350 October 24, 1977 (Request - Reclaimed Water) 1) a charge of $0.16 per 100 cu ft., 2) the water would be furnished to the customer only when available, at the City's wishes; 3) no permanent commitment for the continued supply of water would be made and the City could cancel the agreement at any time; 4) the City would not guarantee the quality of the water; and 5) the furnishing of water to the customer would be subject to the approval of the Regional Water Quality Control Board or any other regulatory agency. It was pointed out that this would be of no cost to the City and if lines need to be installed this would be at the expense of the customer. CM STALEY MOVED TO ADOPT THE POLICY AS OUTLINED BY THE PUBLIC WORKS DIRECTOR, TO BE PREPARED IN RESOLUTION FOR~. MOTION WAS SECONDED BY CM DAHLBACKA, WHICH PASSED BY UNANIMOUS VOTE. Item will appear on the Consent Calendar for adoption. REPORT RE AWARD OF BIDS FOR SNACK BAR EQUIPHENT The City Manager reported that since the estimated cost of the restaurant equipment for the snack bar at the Springtown Golf Course exceeded the statutory limit of $5,000 it was necessary to request formal bids. Of the 13 vendors solicited for bids, there were only two pro- posals submitted and the staff recommends that bids be awarded to Modern Kitchen Equipment and Food Service Equipment, Inc., for various kitchen equipment to Modern Kitchen Equipment and to Food Service Equipment, Inc., but to purchase up-graded tables and chairs directly from the manufacturer, Virco Mfg. Corporation. C:-1 KAMENA HOVED TO ADOPT THE RECOHI--1.ENDATION OF THE STAFF TO 1\WARD BIDS TO THE LOW BIDDERS OF RESTAURANT EQUIP]\1ENT. HOTION SECONDED BY CM STALEY WHICH PASSED BY UNANIMOUS VOTE. The Council commended the Purchasing Clerk for taking low bids on some of the items and ordering some of the items directly from the manufacturer. This process allowed the City to save in excess of $250 as well as allowing the City to obtain up- graded equipment. RESOLUTION NO. 240-77 A RESOLUTION AWARDING BID (Springtown Golf Course Restaurant Equipment) REPORT RE CONSTRUCTION BIDS FOR MULTI-SERVICE CENTER BUILDING The City Manager reported that bids were received on October 18th for the Multi-Service Center building project and the Barn trellis. The architects are satisfied as to the amount of the base bid for the ~1ulti-Service Center but it is 5% above the cost estimate of $578,000 and two construction deletions can be made to reduce the estimated cost. The two items to be deleted can be added to the HCDA grant extension. CH-34-35l October 24, 1977 (Multi-Service Center) The staff recommends that the Council adopt a resolution awarding the bid for the construction of the Multi-Service Center, to Paxton Construction Company, the low bidder. The bid has been revised downward to $589,940, rather than the original $608.240. It was explained that the staff did the revision of the bid by deleting certain items and that this could have been done with any of the bids; however, if the second low bidder had been selected it would mean that the City would have to delete even more items. The trellis project was listed as separate bidding and the Assistant to the City Manager explained that this is a bid for a trellis that would extend from the main trellis which will be located on the Multi-Service Center to the north-western side of the Barn. It was included in the overall bid as the alternate bid but it is not a part of what is being recommended this evening. The Community Development funds (HCDA) are basically reserved for Livermore and the items that have been deleted will have to be included in the City's application. Mr. Schilling was asked when the patio area connecting the Barn to the Multi-Services Center area will materialize, and he indicated that it is being suggested by the architects that the Council review the relationship between the two buildings and surrounding landscap- ing, after the Multi-Service Center has been constructed and at that point determine what should be done. There is a proposal for some money for the patio area in the 1978-79 fiscal budget, and the patio could be designed after the building is in place and still stay within that year. The Council expressed concern that the staff discussed deleting some of the items from the low bid so that it would remain within the estimated cost and within the amount budgeted, as some of the items may have been higher than items quoted by some of the other bidders. There may have been a major change if item deletion had been discus- sed with the other bidders. Mr. Schilling noted that this was discussed with the architects and that the staff had been very pleased with a bid as low as $608,240, even though that base bid exceeded the estimate because of the escala- tion of construction costs. The low bid was well within the City's range but did require some modifications. The architects suggested that rather than going out for resubmission of bids, the City approve the bid with deletions, as recommended. ~1r. Parness explained that the procedure followed in this case is a very common procedure used by the City on numerous occasions. It is common to accept the low bid and then remove certain items that were a part of the base bid. It is true that one of the other bidders may have had a lower bid for the carpeting, for example, but the decision is not based on that; it is based on the low base price. The City is simply reducing the cost of the base price to bring the item within budgetary limits. The staff was asked if the current low bidder would, in fact, remain the low bidder if the other bidders were asked to make the same item deletions, and the answer was that this is not known. The City ~1anager explained that in the case of the bids for the snack bar equipment, the City reserved the right to receive any or all items, as specified on the specifications - this was a different situation. CM-34-352 October 24, 1977 (Multi-Service Center) Carl Branson, representing Wallace Webb and Son, the second low bidder, stated that included in their bid was a $1,000 allowance for gas, hook-ups, and Paxton Construction did not include this in their package. This might have some bearing on who should receive the low bid, even though the City is not planning to build the trellis. Rather than Paxton being $5,000 lower, they are $4,000 lower than Wallace Webb and by deleting line items they may not be the low bidder if Wallace Webb were allowed to delete line items. The Council agreed that there are two different ways of looking at who the low bidder is. One is to take the low bidder on the package and delete line items. The other is to allow everyone to delete the line items and then determine who is low bidder. Mr. Parness stated that bids were viewed only on the basis of the base bid and the trellis was not considered (alternate bid). Paxton was clearly 40% high on the trellis bid and this would not be considered as part of their contract. It was noted that the bid made by Wallace Webb for the base bid and the trellis is lower than the bid and alternate by Paxton. Concern was expressed that the low bid of $14,313 for the trellis might not apply if the City waits until the building has been con- structed. CM KAMENA MOVED TO ACCEPT THE LOW BASE BID OF $608,240. MOTION SECONDED BY HAYOR TIRSELL FOR DISCUSSION PURPOSES. Discussion followed concerning whether or not the City should go to the three low bidders asking for line item deletions to determine who the low bidder is, in that case, and whether or not the trellis will be included. The Council reviewed some of the line items that had been deleted and discussed these things with the Assistant to the City Attorney. The City Hanager suggested that the Council might feel more com- fortable with having the City accept the lowest base bid and then during the course of construction, change orders can be submitted. ~'1r. Schilling also commented that Hr. Paxton did not make the line item deletions - the staff looked at the bid and discussed items that the City could do without and stay within the budget, and which items could be deleted and covered by HCDA funds next year. It was the consensus of the Council that the trellis is a very necessary and integral part of the design concept for the entire area but there is not funding available for it at this particular time and it cannot be considered in the selection of the low bidder. The base bid is what has to be considered now. HOTION PASSED BY UNAND10US VOTE. RESOLUTION NO. 241-77 A RESOLUTION AWARDING BID (Paxton Construction - Multi-Service Bldg.) RECESS ~1ayor Tirsell called for a brief recess , after which the Council meeting resumed with all members of the Council present. CH-34-353 October 24, 1977 REPORT RE POSSIBLE GRANT FOR SOLAR HEATING OF CITY ADr1N. BLDG. The City Manager reported that building architects are in contact with a highly specialized mechanical engineering consultant firm that can be retained for the purpose of preparing a construction design for solar heating and cooling of the City Administration building and also to prepare a very comprehensive application package for ERDA review for a possible construction grant. The cost of this services is estimated between $7,000-$10,000 and it is recommended that the Council adopt a motion authorizing an amendment to the Architect's contract for provision of solar heating and cooling consultant design services. ON MOTION OF CM KAMENA, SECONDED BY Cl'1. TURNER AND BY UNANIMOUS VOTE, THE STAFF RECm.E'mNDATION WAS ADOPTED. REPORT RE HOUSING PROGRM1S IN LIVERMORE The City l1anager reported that as per Council instruction the staff has prepared a report showing current local programs under state and federal governments involving low or moderate income housing. It is recommended that the Council await the joint meeting with the Housing Authority to discuss further provisions and that the report be transmitted to them for informational purposes. The comment was made that this is a very comprehensive subject and the report prepared for Council review was excellent. DISCUSSION RE APPOINT!1ENTS Appointments were made, as follows: Jacquline Williams was unanimously appointed to the Beautification Committee. No appointment was made to the Board of Appeals. ON MOTION OF CH STALEY, SECmJDED BY Cr1 DAHLBACKA AND BY 4-1 VOTE (C. m Turner dissenting) CLARENCE HOENIG WAS SELEC..TED~O SERV~ ON THE HOUSJNG AUTHORI'I:Y BOARD. ~?}k::::LA YkL. /l'U!; ~;1' a~-t-A. <y? . J I .ir .~"ed //-"1 ~ a--n.L 'IhL /iii..J-~.D,1{ tlQ;~ ~.--<Jl . ~t r!1tf:1!(J~J:';l It was noted that the Housing Authority will need to select a', Lf - tenant member. ON MOTION OF C~'1 STALEY, SECONDED BY CH DAHLBACKA AND BY UNANIMOUS VOTE, CLYDE TAYLOR ~'7AS SELECTED TO SERVE ON THE ENERGY CONSERVATION COf1MITTEE. One appointment is pending. No appointment will be made to the Noise Abatement Committee, pending a request by that Committee for the need of an additional member, as this Committee has nearly finished its assigned task. cvr DAHLBACK]\. MOVED TO REAPPOINT PAUL HER'.1AN TO THE AIRPORT ADVISORY COMHITTEE, WITH LETTERS TO DR. ~.1AILANDER l'>.ND JOHN KEREKES ASKING OF THEIR INTEREST IN RE2\PPOINT~mNT. r10TION SECONDED BY C:--1 DAHLBACKA, WHICH PASSED BY UNANP10US VOTE. ON MOTION OF CH STALEY, SECONDED BY C'1 DAHLBACKA AND BY A 4-1 VOTE (Cm Kamena dissenting) CANDACE SIi'1ONEN' AND BRENDA SOUZA \\TERE RE- APPOINTED TO THE PLAlJIJING CO'.l'IISSION. cr1- 34 - 3 5 4 October 24, 1977 (Appointments) No appointment \tJas made to the County Housing Authority. It was the consensus of the Council to direct the staff to ask Burt Gasten, Chairman of the Energy Committee, to attend the Chabot College Advisory Committee meetings relative to solar energy representing the City. After appointments were made the suggestion was made that the Council interview all reappointments to the Planning Commission and ask that prior to interviews those interested in reappointment at the expiration of their term be asked to submit a reapplication in writing, stating that they do wish to be considered and for what reasons. The comment was made that it would not seem appropriate to adopt a policy to apply to the two Planning Commission reappoint- ments, when they have not been notified that they should formally reapply. In the future, people could be informed that formal reapplication would be required, etc. If the two members who have been reappointed are not interested, they can decline re- appointments. The ~1ayor offered the choice of postponing the motion of reappoint- ments to the P.C.; calling for a new motion; or taking another vote on the motion. No further action was taken concerning appointments. LETTER FROM ZONE 7 RE RATE ADJUSTEr1ENT The City received a letter from Zone 7 which suggests that they be allowed a rate increase of $8 per acre foot - 6% increase from ($120 to $128 per acre ft.). The rate adjustment would require concurrence of each signatory agency and the staff recommends approval of the adjustment as it would seem a" ""CTuita'hlo rO('T110c:;t i" "r~""r for 7,,,,,,,,, 7 t" m~i"t",i_" financial balance for bond amortization. It was noted that the signatory agencies have a 5 year contract with Zone 7 but the Zone reserves the right to adjust the rate, annually, at their discretion, based on estimated costs. ON ~10TION OF CM DAHLBACKA, SECONDED BY MAYOR TIRSELL AND BY UNANIMOUS VOTE, THE $8 INCREASE WAS APPROVED, AS RECOMMENDED BY THE STAFF. CONSENT CALENDAR Reso. re Storm Drain Fees - 1977 A resolution was adopted approving the storm drain fees for 1977, as per previous Council discussion. RESOLUTION NO. 242-77 A RESOLUTION PROVIDING FOR THE ADJUSTHENT OF STORH DRAINAGE FEES FOR 1977. CM-34-355 October 24, 1977 Reso. Approving Salary Adjustment A resolution was adopted approving the salary schedule amendment for classified and unclassified employees of the City of Livermore, with the new job classification for Records Clerk in the Street Department. RESOLUTION NO. 243-77 A RESOLUTION OF THE CITY OF LIVERHORE N1ENDING RESOLUTIOn NO. 208-77, FOR THE CLASSIFIED AND UNCLASSIFIED EMPLOYEES OF THE CITY OF LIVEID.10RE, ESTABLISHING RULES FOR ITS USE. Reso. Approving FBO Lease Transfer The Council adopted a resolution approving the Airport PBO Lease transfer, as per discussion of October 17th. RESOLUTION NO. 244-77 A RESOLUTION AUTHORIZING EXECUTION OF CONSENT TO ASSIGWIENT OF LEASE (Dougherty, Vallee, Wirth) Report re Summary of Revenues & Exp. A report on the summary of revenues and expenditures for the airport, Las positas Golf Course, and the Springtown Golf Course, for the quarter ending September 30, 1977, was submitted by the Finance Department for informational purposes. P. C. i'linutes 10i 4/77 The Planning Commission minutes for their meeting of October 4,1977, were noted for filing. The Planning Commission Summary of Action from the meeting of October 18, 1977, was noted for filing. Payroll & Claims There were 181 claims in the amount of $514,378.69, and 330 payroll warrants in the amount of $117,657.25, for a total of $632,035.94, dated October 18, 1977 and approved by the City Manager. APPROVAL OF CONSENT CALENDAR ON HOT ION OF Cr1 TURNER, SECONDED BY CJl KN-lENA, AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. CM-34-356 October 24, 1977 MATTERS INITIATED BY THE STAFF (Regional Bd. Meeting) The City Hanager reported on the Regional Board Hearing which took place on October 18th, relative to their policy on Discrete Sewage Systems. He indicated that the Mayor did an excellent job in contesting the proposed policy, which was followed by protest from the Mayor of Pleasanton. Some members of the Regional Board did question their staff as to some parts of the policy draft, which the City has ques- tioned. Most important was the testimony from a staff member that the policy statement had not been distributed to any of the cities in the nine Bay Area counties. Apparently the staff member felt it was not significantly important to distribute and Mayor Tirsell and Mr. Parness made it clear that it was of great interest to the other cities. The Board postponed any action on the policy for a term of two months. The Board has instructed the staff to notify the other cities and Mr. Parness added that he has sent letters to cities alerting them to the matter. The other item discussed by the Board was the Cease and Desist Order. The City has requested that the order be lifted but Mr. Parness and the Mayor left prior to discussion of the matter. The Director of Public Works attended the meeting, on behalf of the City, and reported that the action taken by the Board was to authorize an interim release of permits that were pending but to maintain the Cease and Desist order for the next couple of months. l'tATTERS INITIATED BY THE COUNCIL (Traffic/Speeding) Cm Turner requested that the Council discuss, with the Chief of Police, the traffic problems and speeding problems in Livermore as an agenda item. ~1r. Lee commented that the staff is conducting a speed survey with the use of radar and a report will be coming to the Council. This may be of some assistance to the Council in discussing these problems. (Policy re Appointments) em Turner stated that he would also like the Council to discuss a policy relative to appointments. He noted that he voted against the selection of the Housing Authority member because he has never met that person and this type of situation seems to arise whenever appointments are made. (Holiday Decorations) Cm Kamena stated that he asked for a list of expenditures relative to holiday decorations and he would hope the staff ultimately has a method for accounting of expenditures which pertain specifically to the holiday decorations, as a means of annual comparisons. C'1- 3 4 - 3 5 7 October 24, 1977 (Street r1atter) Cm Dahlbacka stated that he received a complaint from someone who had trouble because of the traffic situation in front of the roller rink on First Street. ~1r. Lee explained that the street in front of the roller rink is being worked on and the staff will be meeting to discuss some of these types of problems. (Solid Waste T'<1anagement) Cm Dahlbacka stated that he has been appointed to a special committee of the Solid Waste Hanagement Board, to review applications for recycl- ing and other solid waste management. The Council expressed congratulations to Cm Dahlbacka on his appoint- ment to this special committee. ORD. ADOPTION RE AMEND. TO ELECTION CAHPAIGN STATElI1.ENTS ON HOTION OF C~1 TURNER, SECONDED BY Crt STALEY AND BY UNANnmUS VOTE, THE ORDINANCE AHENDMENT RELATIVE TO CN1PAIGN STATEr1.ENTS RELATIVE TO ELECTION CAHPAIGN CONTRIBUTIONS AND EXPENDITURES, WAS ADOPTED. (Cm Dahlbacka abstained due to absence during discussion). ORDINANCE NO. 935 AN ORDINANCE ~ENDING ARTICLE V, RELATING TO CAHPAIGN STATErv1ENTS, OF CHAPTER 2, RELATING TO ADJ'UNISTRATION, OF THE LIVERHORE CITY CODE, 1959, TO REGULATE ELECTION CA~PAIGN CONTRIBUTIONS AND EXPENDITURES. ORD. AMEND. RE FENCES & WALLS ON HOTION OF C~l TURNER, SECONDED BY C~1 STALEY AND BY UNANIMOUS VOTE, THE ORDINANCE MmND!1.ENT RELATIVE TO SECTION 20.00 OF THE ZONING ORDINANCE, CONCERNING FENCES/WALLS, WAS ADOPTED. ORDINANCE NO. 936 AN ORDINANCE k~ENDING ORDINANCE NO. 442, OF THE CITY OF LIVEID10RE, AS N1ENDED, RE- LATING TO ZONING, BY THE ADrmNDImNT OF SECTION 20.00, RELATING TO GENERAL PRO- VISIONS, BY THE AMENDMENT OF SUBSECTION 20.61, RELATING TO FENCES. SPECIAL STUDY SESSION RE QUARTERLY PROJECT STATUS REPORT Mr. Parness reported that he has inaugurated a new reporting system called a Project Status Report. The report format is designed to keep the staff and Council informed about various City projects, problems the various departments have become involved in and their progress. CM-34-358 October 24, 1977 (Status Reports) Mr. Parness added that the report is very comprehensive, takes time to compile and this is the reason he has requested that the report be filed quarterly. The Director of Community Development reported that the Civic Center Irrigation project should be complete by mid November, the portola Park Extension is in the design stages, and the three kiosks to be installed will be constructed when the material has been received. Mr. Nies, the Planning Director, explained that he listed projects with items near completion first. The public hearing that is scheduled with the Planning Commission for November 1st, is a very important matter that is listed sixth on the list but many people are interested in it. People with property in the down- town area have been notified, as have those who have expressed interest in the CBD plan. Mr. Nies also mentioned the third item listed on the second page of his report which is the clearing of items that will bring the General Plan and the Zoning into conformity and the Growth Management Plan should be in the hands of the P.C. within the next month. r1r. ;'Jies commented that the LO\~ Cost Housing Policy, which is 60% completed, will probably be incorporated with the Growth Hanagement Plan. ~1r. Gorland reported that the Cease and Desist order and the water situation during the summer, has affected Intel's deter- mination in not locating a separate plant here in Livermore at this time. They have expressed the fact that they are very satisfied with their operations here in Livermore and they do have a 10,000 sq. ft. addition planned. They also anticipate development of another facility in Livermore in the next year or so, if sewage and water problems are alleviated. Mr. Gorland reported that his department has formulated a listing format showing industrial/commercial land available, and informa- tion pertaining to the property, for prospective developers. This pertinent information and the development fee schedules will soon be sent to approximately 100 major realtors in the San Francisco Bay Area. The Fire Chief reported that 10 fire departments in the Twin Valley area are creating performance standards for all fire personnel. Reasonable time standards will be established through actual experience time information gathered during drills recently conducted at Camp Parks. The time standard established will be used in evaluating companies to determine whether or not they are maintaining a standard operation. The Director of Finance noted that the busiest season for his department's workload is with the beginning of the new fiscal year. They have been extremely busy the past couple of months and some of the Council initiated projects have not been com- pleted because of other pressing matters. They will receive an additional staff person on November 2nd and this should be helpful in getting at some of the unfinished tasks. C'1-34-359 October 24, 1977 (C .~1. Status Report) The Personnel Director noted that the report from Personnel is rather self-explanatory, other than to mention that the second round of funding for CETA employees was not included, which brings the total number of CETA employees to 44. The job reclassification for Dave O'Connor was not included in the report. The Director of Public Horks reported that the renort submitted by Engineering is 21 nages long but Engineering does nrovide supnort for all Public Works projects related to other departments. The Engineer- ing report has been broken down into six different sections, which he reviewed with the Council. The comment was made that there ,vere projects listed relative to purchase of properties which were budgeted for, and it appears that nothing has happened with some of the property acquisition. The acquisition doesn't list any particular status or comments relative to acquisition. The City wouldn't want to have a large excess amount of money next budget session time, when it has been budgeted for property acquisition. T1r. Lee noted that the City is in the process of completing many of the property purchases requested by the Council; however, these items must be reviewed by the City Attorney and if he were present the Council could have a status report on these acquisitions. >lr. Kerin, Engineering, noted that priorities of the projects for Engineering were not specified, as priorities change on a daily basis, as do the estimated dates of completion. He added that he keeps tabs on items that might qualify for state/federal funding through meetings he attends relative to funding. Ray Ansick and Bill Loftin discussed street projects and the t.v. sewer line inspection for East Avenue. Mr. Lee reviewed the projects for the golf courses and the airport for informational purnoses. '1ayor Tirsell thanked the staff for staying so late for the study session. She directed the staff to schedule future study sessions on the quarterly reports for 7:00 p.m. preceding the City Council meeting. ADJOURN~.1ENT There being no further at 11:45 p.m. . APPROVE~J~. Council business, the meeting was adjourned ~%~~IL Mayor ATTEST CTl1-34-360 Regular Meeting of November 7, 1977 A regular meeting of the Livermore City Council was held on November 7, 1977, 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 Karnena, Turner, Staley and Mayor Tirsell Absent: Cm Dahlbacka (Excused - Business) PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. MINUTES - 10/17/77 ON MOTION OF CM KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF OCTOBER 17, 1977, WERE APPROVED, AS SUBMITTED. OPEN FORUM Members of the audience were invited to speak on any item not listed on the agenda, but no comments were offered. PUBLIC HEARING RE RAILROAD ASSESS. DIST. A public hearing was scheduled to hear public testimony concerning the notice of filing an amended assessment for the Railroad Assess- ment District, relative to the Leonard property. It is recommended that at the close of the public hearing a resolu- tion confirming the amended assessment be adopted. Mayor Tirsell opened the public hearing and invited testimony from the public. No testimony offered. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. CM TURNER MOVED TO ADOPT A RESOLUTION APPROVING THE AMENDED ASSESSMENT. MOTION WAS SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE. RESOLUTION NO. 245-77 RESOLUTION CONFIRMING AMENDED ASSESSMENT AMENDING ASSESSMENT NO. 72, RAILROAD ASSES- SMENT DISTRICT NO. 73-), CITY OF LIVERMORE, ALAMEDA COUNTY, CALIFORNIA. COMMUNICATION RE RESIGNATION A letter of resignation from the Industrial Board was received from Dennis Hundoble. The City Clerk was asked to send a letter to Mr. Hundoble thanking him for serving as a board member. CM-34-36l November 7, 1977 COMMUNICATION FROM HERITAGE GUILD RE DUARTE GARAGE PROGRESS A status report concerning the work on the Duarte Garage, was submitted to the Council by the Heritage Guild for informational purposes. Garrett Drummond, representative of the Livermore Heritage Guild, presented verbal information concerning the status of the Duarte Garage, including the fact that the Heritage Guild has received a tax bill for the property. Mr. Drummond stated that there seems to be some confusion concerning the park located adjacent to the property in that as he recalls the Council adopted the name of the Lincoln Highway Park on January 10th but apparently it will be called Portola Common. The staff was asked to check into the conflict concerning two names for the park and report back to the Council, followed by discussion concerning exterior painting of the garage and color scheme. Mr. Drummond explained that a color has not been selected and the Heritage Guild has seen only a conceptual drawing of the north side of the building. Item will be discussed again at a later date. COMMUNICATION RE CETA FUNDING EXTENSION & VOLUNTEER PROGRAM A report was submitted by the Personnel Director showing the number of CETA employees funded in the first and second round of funding through the CETA Program, and the Departments in which the employees are located. A report was prepared by the City's Administrative Assistant which shows the City departments which have requested volunteer help and which departments have been assigned volunteers. Reports noted for filing. REPORT FROM P.C. RE CUP APPLICATION FOR AUTO TUNE UP FACILITY The Planning Commission reported that they have reviewed a CUP applica- tion for an automobile tune-up facility to be located at 2008 First Street in the CB-l Zone. After the public hearing and reviewing the application the P.C. recommends adoption of the resolution approving the CUP, subject to conditions noted in Exhibit "A" of Resolution No. 89-77. Mr. Nies was asked if the proposed use would result in increased amount of traffic in that area and he noted that it would not create additional traffic. All of the work would be done inside the building and the applicant agrees to the conditions of the CUP. This application is similar to the use approved by the Council for the station located at First and "P" Streets. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE CUP APPLICATION WAS APPROVED, BY RESOLUTION. RESOLUTION NO. 246-77 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT (Tri-Valley Tune-Up) CM-34-362 November 7, 1977 REPORT RE SALE OF CITY BUILDINGS The City Manager reported that the City building located at 2250 First Street. i~ the amount of $60,000 and another at were received for the structure located received bids for the One bid was received $83,553. No bids at 2365 First Street. It is recommended that the Council refer the matter to the staff for review and recommendation for the November 14th meeting. Mr. Parness commented that the higher bid would be the favorable bid and would be in line with the estimate made by the appraiser. The bid is contingent upon being able to obtain 70% financing but the bidders have informed the staff that they feel they will have no difficulty in obtaining the financing. It was mentioned that the bid proposal contained the qualifica- tion that the bidders would not close escrow prior to 60 days before taking possession of the building. Transfer of funds would not take place until the close of escrow, or approxi- mately 60 days prior to occupancy of the building. The pro- posal is not exactly in conformance with the specifications drafted by the City and the City may have to negotiate with the bidders. Markus Lipkind, stated that he was among the three people who submitted the bid. The reason the bid was qualified was because of the interest they would accrue in the next two years. They would be paying a higher interest rate to borrow the money than the City would pay for the reserved funds in the City's account. ON MOTION OF CM KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE MATTER WAS REFERRED TO THE STAFF WITH DIRECTION TO THE STAFF TO NEGOTIATE WITH THE HIGHEST BIDDER FOR RESOLUTION OF THE TIME PAYMENT PROBLEM. Mr. Parness added that just recently three parties have expressea interest in bidding on the other building on First Street and he would recommend that the item be postponed. Further informa- tion will be presented. REPORT RE ARCHITECT FOR LIBRARY ADDITION The City Manager reported that the Library Board has unanimously voted in favor of recommending that the City retain the firm of Hirshen, Gammill, Trumbo & Cook, to prepare a schematic design for a 10,000 sq. ft. addition to the library. Hopefully the library addition will be subsidized with federal funding similar to EDA funds, and $6,000 has been authorized in the current budget for the project. The comment was made that Randy Schlientz, a local architect has made a request that this matter be postponed for one week, as he was not able to attend the Council meeting this week and would like to speak to the Council. Mr. Nolte was asked to explain the reason for recommending the firm of Hirshen, Gammill, Trumbo & Cook, and he advised that the Library Board interviewed four very competent firms who made one hour presentations concerning the type of work they could do for the City. The Board then visited projects done by each of the firms and talked to people inhabiting the buildings planned by the four various firms, and were very impressed with the work done by Sandy Hirshen. Mr. Schlientz was one of the four firms interviewed. CM-34-363 November 7, 1977 (re Library Architect) The staff was asked what the relationship is between the Library Board and the Council, in terms of any type of recommendation, and Mr. Parness indicated that technically the Library Board, by state statute, has nearly complete administrative authority to conduct the affairs of that system beyond the purview of the City Council. In his opinion the action taken by the Library Board in referring this matter to the Council is one of administrative courtesy and they would like to have the Council's concurrence with what they are doing. Concern was expressed that the local architect had not been given due consideration and Christine Sherman of the Library Board noted that the Library Board was very concerned about recommending the local architect. It was the opinion of the Board that if everything was equal among those interviewed, that they would recommend the local architect. She added that during the interview of the local architect it was revealed that the local firm would retain an architectural firm outside the valley to provide the necessary expertise; therefore, the argument of local hiring became irrelevant. There was discussion as to whether the Council has the authority to make a decision contrary to the recommendation of the Library Board, or if, in fact, the item is merely informative and referred only as a courtesy. Mr. Parness felt the Library Board would like the concurrence of the Council with direction to the City Attorney to prepare the necessary architectural contract in favor of the firm recommended. If an appeal is to be made by the local architect it seems that it would appropriately be made to the Library Board. The City Attorney commented that he is not familiar with this area of the law and if the Council wishes to have a definitive answer he will review the issue and advise the Council at the next meeting. The suggestion was made that Mr. Schlientz be contacted by the Council- members contacted by Mr. Schlient earlier this week, and be advised to talk with the members of the Library Board relative to the selec- tion of an architect for the job. The Board may be able to give him some information relative to their selection process and where he failed in the process. However, it does not seem unreasonable to grant the request for a postponement to allow Mr. Schlientz the opportunity to address the Council on this item. The argument was made that the City should always hire a local firm if the firm is reasonably qualified, which was countered with the statement that if the City follows this practice in selecting an architectural firm, one firm would have a monopoly on this type of service in Livermore. MAYOR TIRSELL MOVED TO DIRECT THE STAFF TO PREPARE A CONTRACT AWARD- ING THE CONTRACT TO THE FIRM RECOMMENDED BY THE LIBRARY BOARD TO BE ACTED UPON BY THE CITY COUNCIL AT THE NEXT REGULAR MEETING, AND TO ASK THE CITY ATTORNEY TO CHECK INTO THE STATUTORY AUTHORITY OF THE LIBRARY BOARD AND TO DIRECT THE STAFF TO ASK THAT THE LIBRARY BOARD CONTACT MR. SCHLIENTZ TO DISCUSS THE SELECTION PROCESS FOLLOWED IN THE SELECTION OF A QUALIFIED FIRM. MOTION SECONDED BY CM STALEY. Ms. Sherman wondered if the Board would be obligated to contact the three firms not selected if Mr. Schlientz is contacted and the Council felt the Board would be obligated to contact all three. Ms. Sherman added that it is difficult to define a procedure for the selection of an architect as the selection is made in a rather "ad hoc" manner. One of the problems in this case is how an appeal is made and to which body - it simply is not clear. It might be adviseable for the Council to study a procedure that would work for all the selection processes, for future reference. CM-34-364 November 7, 1977 (re Library Architect) The City Attorney felt this question provides the opportunity to review the question of whether or not the Council has the statutory authority to override a Library Board decision and he will review the issue and make a recommendation at the next Council meeting. MOTION FAILED 2-2 (Cm Kamena and Cm Turner dissenting). CM KAMENA MOVED TO RESCHEDULE DISCUSSION OF THIS ITEM IN ONE WEEK, SECONDED BY CM STALEY, WHICH PASSED BY UNANIMOUS VOTE. REPORT RE PURCHASE OF SAFETY EQUIPMENT FOR POLICE RESERVES The City Manager reported that the Chief of Police has requested the purchase of 28 bullet resistant vests for police reserve officers. The total cost of the vests would be approximately $2,939, $1,000 of which is available from the authorized police reserve budget. An additional $1,939.40 would have to be appro- priated from other sources. The City Manager was asked if he concurrs with the request for purchase and he indicated that he would reluctantly recommend approval, but his hesitation stems only from the amount of money involved. Unfortunarely this would involve a cost of nearly $3,000 which has not been budgeted but the City has experienced difficulty in recruiting reserve people and as a matter of safety and practicality it would be reasonable to purchase the vests. Vests have been purchased for all of the regular officers and it seems reasonable to provide this type of safety gear for officers who volunteer about 16 hours a month to police service. CM STALEY MOVED TO AUTHORIZE THE PURCHASE OF THE VESTS, AS REQUESTED, SECONDED BY CM KAMENA. The Council discussed the memo received from Captain Nichols relative to the cost of uniforms for the police reserve, which amounts to $600 per person and must be paid for by the reserve officer. The City provides a $30 per year uniform allowance and this is the only money the reserve officer receives during the year. He has recommended that during the budget preparation for the 1978-79 fiscal year, uniform allowance for certain items approximating $200 be allocated for new reserve officers. CM STALEY AMENDED THE MOTION TO DIRECT THE STAFF TO CONSIDER THE $200 TOWARDS UNIFORMS FOR THE RESERVE OFFICERS, DURING THE NEXT BUDGET SESSION, SECONDED BY CM KAMENA, AND PASSED BY UNANIMOUS VOTE. MAIN MOTION PASSED BY UNANIMOUS VOTE. REPORT RE APPROVAL OF FINAL MAP FOR ANNEX. OF MAX BAER PARK ANNEX NO. 2 A parcel of property was purchased by the City as an addition to Max Baer Park, and the staff proceeded with the usual sub- missions to LAFCO, and the P.C. for annexation. Approval has been received and the City is authorized to proceed without notice, hearing or election. CM-34-365 November 7, 1977 (re Annexation) It is recommended that the Council adopt a resolution of annexa- tion (Max Baer Park Annex No.2). ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED A RESOLUTION OF ANNEXATION. RESOLUTION NO. 247-77 A RESOLUTION APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED "MAX BAER PARK ANNEX NO.2" TO THE CITY OF LIVERMORE PURSUANT TO THE "ANNEXATION OF UNINHABITED TERRITORY ACT OF 1939" AND SECTION 35015 OF THE GOVERNMENT CODE. CONSENT CALENDAR Report re Job Description for Fire Marshall The Council approved the job description for the Fire Marshall which is part of a routine job description review that occurs when a posi- tion is filled. The proposed changes were approved by the Fire Chief. RESOLUTION NO. 248-77 A RESOLUTION ADOPTING REVISED JOB DESCRIPTION (Fire Marshall) Amend. to Salary Range for Records Clerk - Street Dept. The Council was requested to adopt a salary change resolution for the Records Clerk in the Street Department, as the original figures were in error in a recently adopted resolution. RESOLUTION NO. 249-77 A RESOLUTION AMENDING RESOLUTION NO. 243-77 AS IT RELATES TO SECTION 4 OF RESOLUTION NO. 208-77, ESTABLISHING SALARY RANGES FOR CLAS- SIFIED AND UNCLASSIFIED EMPLOYEES OF THE CITY OF LIVERMORE. Motion Approving Parcel Map 2252 The Council adopted a resolution approving final map 2252, which is the formal action authorizing a lot split approved a few months ago. The property is located on College Avenue owned by D. Mercurio. RESOLUTION NO. 250-77 A RESOLUTION APPROVING PARCEL MAP 2252 (David R. Mercurio - College Ave.) CM-34-366 November 7, 1977 Report re Waiver of City Fees for Multi-Service Center The City Manager reported that the Engineering Department has calculated the sewer connection and storm drain fees for the Multi-Service Center building which amount to $7,748. In order to stay within the construction budget for this building it is recommended that the City fees be waived at this time. Council concurred. Reso. Auth Amend. to Grant Budget The Council adopted a resolution authorizing amendment to the 1977-78 Community Development Grant budget to provide for the estimated cost of minor modifications in the electrical speci- fications with deletion of gas and electricity hookup fees. RESOLUTION NO. 251-77 A RESOLUTION AUTHORIZING BUDGET AMENDMENT Reso. re Enforcement of Parking Lot Reg. The Council adopted a resolution which will allow the Police Department to enforce parking lot regulations on private property which has been posted, reflecting Council discussion and public hearing of October 24, 1977. RESOLUTION 252-77 A RESOLUTION AUTHORIZING ENFORCEMENT OF DESIGNATED STATE VEHICLE CODE SEC- TIONS ON PUBLIC AND/OR PRIVATE PROPERTY. Reso. Rej. Claim of Lawrence L. Laine The Council adopted a resolution rejecting the claim of Lawrence L. Laine. RESOLUTION NO. 253-77 A RESOLUTION REJECTING THE CLAIM OF LAWRENCE LESLY LAINE. Reso. Auth. Exec. of Agree. for Water Rec. ~lant Operator The Council adopted a resolution reflecting Council approval given several months ago for execution of an agreement with Brown and Caldwall for startup and training services for the Livermore Water Reclamation Plant. / RESOLUTION NO. 254-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Brown and Caldwell) CM-34-367 November 7, 1977 Reso. Auth. Exec. of Agree. with Masonic Temple Assn. The Council adopted a resolution authorizing execution of agreement with the Masonic Temple Association for lease of the building loca- ted at 119 South Livermore Avenue. RESOLUTION NO. 255-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREE- MENT (Masonic Temple Association) Reso. Auth. Amend. to Twin Valley Mutual Fire Assistance Agreement The Council adopted a resolution authorizing execution of amendment of the agreement for the Twin Valley Mutual Fire Assistance program. RESOLUTION NO. 256-77 A RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO AGREEMENT (Twin Valley Fire Assistance Agreement P.C. Summary - 11/1 The Planning Commission Summary from their meeting of November 1, 1977, was noted for filing. P.C. Minutes - 10/18 The Planning Commission minutes of October 18, 1977, were submitted for informational purposes and noted for filing. Reso. - Appointments The following resolutions were adopted, reflection appointments made at the meeting of October 24th. RESOLUTION NO. 257-77 A RESOLUTION REAPPOINTING MEMBER TO PLAN- NING COMMISSION (Candace Simonen) RESOLUTION NO. 258-77 A RESOLUTION REAPPOINTING MEMBER TO PLAN- NING COMMISSION (Brenda Souza) RESOLUTION NO. 259-77 A RESOLUTION FOR APPOINTMENT TO THE ENERGY CONSERVATION COMMITTEE (Clyde Taylor) RESOLUTION NO. 260-77 A RESOLUTION FOR APPOINTMENT TO THE HOUS- ING AUTHORITY BOARD (Clarence Hoenig) CM-34-368 November 7, 1977 RESOLUTION NO. 261-77 A RESOLUTION REAPPOINTING MEMBER TO AIR- PORT ADVISORY COMMITTEE (Paul T. Herman) RESOLUTION NO. 262-77 A RESOLUTION FOR APPOINTMENT TO THE BEAUTI- FICATION COMMITTEE (Jacqueline Williams) Payroll & Claims There were 849 claims in the amount of $148,424.53, and 338 pay- roll warrants in the amount of $118,463.81, for a total of $266,888.34, dated October 28, 1977, and approved by the City Manager. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED WITH DELETION OF ITEM 5.7, DEFERRED COMPENSATION RESOLUTION WHICH THE COUNCIL WANTED TO DISCUSS. REPORT/DISCUSSION RE DEFERRED COMPENSATION The City Manager explained that during the consideration of the management salary and fringe benefits agreement, the Council approved participation in a deferred compensation plan. This would not require any City government financial obligation. It amounts to a forced savings plan with two investment alter- natives. The money that is invested in this way is not subject to taxation, and at the time of retirement of the employee, the death of that employee, or leaving City service, are the only conditions upon which the funds can be retracted, other than in cases of extreme hardship. The purpose of the plan is to provide retirement at a lower taxable salary. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED. RESOLUTION NO. 263-77 A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A DEFERRED COMPENSATION PLAN. MATTERS INITIATED BY THE COUNCIL (Insurance Liability) Cm Staley commented that he has distributed a letter he has written to Assemblyman Mori relative to insurance liability, for Council review. Assemblyman Mori had asked for testimony to be presented to the subcommittee of the Assembly concerning this issue as a result of Cm Staley's previous letter to Assembly- man Mori about this subject. CM-34-369 November 7, 1977 (Complaints re Trespassing) Cm Turner stated that he has received complaints from the people in the Valley East area adjacent to a PG&E easement where a gas line was installed. When the line was installed PG&E apparently removed a fence which controlled trespassing in that area and now that the fence has been removed people are bothered by the noise from motorcycles driving along the easement. He noted that he has received reports that PG&E has indicated they have no interest in placing a fence along the property and he wondered if there is anything that could be done. He would request that the staff check to see if there is a motorcycle problem and to find out if the fence can be reconstructed. (Change to Home Occupation Policy) Cm Turner stated that the Planning Commission has made an amendment to the Home Occupation Policy relative to watch repair and he would be opposed to including this use. He requested that the amendment be appealed. The item will appear on an upcoming agenda as a Council appeal. (Traffic Safety Discussion - Leahy Sq.) Mayor Tirsell reported that the Council should select a date for the traffic safety discussion at Leahy Square. An appointment will be made to the Housing Authority Board on November 21st or 28th, and perhaps the discussion should take place after this time. The discussion was tentatively scheduled for December 5th. ADOPTION OF ORD. RE VARIANCES ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE ZONING ORDINANCE RELATIVE TO VARIANCES WAS ADOPTED. ORDINANCE NO. 937 AN ORDINANCE AMENDING ORDINANCE NO. 442 OF THE CITY OF LIVERMORE, AS AMENDED, RE- LATING TO ZONING, BY THE AMENDMENT OF CHAPTER 27.00, RELATING TO VARIANCE PERMIT. ADJOURNMENT There being no further Council business, at 9:35 p.m. to an executive session for as requested by the City Attorney. ~... /'Y) ,~ / c' jl ~.&vc~i<. the meeting was adjourned discussion of litigation, APPROVE %~ . ~~--- Mayor ATTEST CM-34-370 Regular Meeting of November 14, 1977 A regular meeting of the Livermore City Council was held on November 14, 1977, 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 Kamena, Turner, Staley and Mayor Tirsell Absent: em Dahlbacka (excused - business) PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. MINUTES - 10/24/77 P. 354, In the discussion relative to appointments, include that Cm Turner's dissenting vote was cast becau~e he had not had the opportunity to meet the applicant and not sufficient time a~lowed interview him by the majority of the Council. ON MOTION OF CM TURNER, SECONDED BY CM ~NA AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF OCTOBER 24, 1977, WERE APPROVED, AS AMENDED. SPECIAL ITEM - REPORT RE VISIT TO SISTER ~ITY, YOTSUKAIDO, JAPAN Mr. Cohen, representative to the Sister City Committee for Yotsukaido, Japan, reported on the visit made to that city last summer by 12 Liver- more residents. He stated that this was the first official visit from Livermore and they received an unprecedented welcome from officials of that city. The visitors were able to visit places not normally visited by tourists and also observed a special ceremony that takes place on New Years Eve. He presented a coat, pants and scarf like the type used in the ceremony by the men to the City of Livermore. Mr. Cohen reported that the Sister City has a very fine cultural group which is an art association composed of children and their parents. The Association presented the Livermore delegation with a group of paintings, one of which the Sister City Committee pre- sented to the Council, and which was drawn by an eight year old child. Mr. Cohen also reported that the City has a student exchange program with the Sister City and introduced the student living here in Livermore with the Moreland family. She presented the Council with a gift from City Hall in Yotsukaido, Japan. The gift was a souvernier booklet with a commemorative stamp from the post office in honor of the visit from the Livermore delegates. It has been one year since the Council approved the establishment of the relationship between Livermore and Yotsukaido, and the committee feels the events of the past year should prove to the members of the Council that this was a very wise action in the interest of developing good relationships and understanding be- tween the peoples of two great nations. . Mr. Cohen thanked the Council, on behalf of the other members of the Sister City Committee, for the City's support of the program. CM-34-37l November 14, 1977 OPEN FORUM Members of the audience were invited to speak to the Council on any item not listed on the agenda. No testimony was offered. PUBLIC HEARING RE RESO. OF NECESSITY & CONVENIENCE FOR ACQUIRING PROPERTY The City Attorney reported that by state law, before property may be acquired by eminent domain for a public project, the Council must adopt a resolution of necessity. The resolution must contain the finding that 1) the public interest and necessity require the pro- posed project; 2) the proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury~ and 3) the property described is necessary for the proposed project. It is required that a public hearing be held, with the opportunity for property owners to present testimony, and adoption of the resolu- tion would require a 2/3 vote of the Council. The City Attorney explained that the above mentioned conditions are necessary prior to filing a suit in eminent domain - it doesn't mean that a suit will be filed but rather the necessary conditions precede filing. The City Attorney stated that relative to condition 1), the Council has already discussed the east First Street realignment and overpass and approval will satisfy that requirement; 2) and 3) is satisfied in the engineering considerations for which drawings and schematics have been prepared relative to the position of the parcels in rela- tion to the project. Mr. Reiners noted that public hearings and certain procedures which are being followed are a result of the Eminent Domain Act which passed in 1976, effective mid 1976, setting forth the new requirement that there be a public hearing on the adoption of a Resolution of Necessity. There always has been a requirement that a resolution be passed prior to filing of any law suit for the acquisition of property by eminent domain, but the public hearing procedure is new. All of the owners of property listed in the resolution have been notified and may present public testimony this evening if they so desire. Mr. Lee explained that the project is made possible by the track consolidation project which was recently completed. It was further made possible by the City obtaining an Economic Development Grant. The grant is for the relocation of First Street along the old abandoned Southern Pacific Railroad right-of-way and the grant provides for the construction of a section of the relocated First Street in addition to an overhead structure which will carry the vehicular traffic over the railroad tracks. Mr. Lee added that the reason this project is necessary is because of several conditions: 1) the existing First Street is very narrow and it would be inconvenient and costly to widen it; 2) an overpass constructed at the present crossing of the two railroad tracks would be very inconvenient and expensive because of the angle. There isn't sufficient right-of-way adjacent to the crossing of the railroad track without taking considerable property and developed property in order to install the cut slopes for the underpass, the structure and fill material for the overpass. Consequently, the best way to relocate the street and to provide the overpass was to relocate it down the abandoned S.P. right-of-way. CM-34-372 November 14, 1977 (re P.H. re Property Acquisition) Mr. Lee then illustrated the relocation area for east First Street and explained the project planned which will align Maple Street with Railroad Avenue. He also showed the par- cels of property necessary for acquisition to complete the project. Also included in the plan is a connecting street from the Jensen area to the realigned First Street area to provide access to the freeway or the downtown area. At present a large majority of the Jensen area traffic must exit down Fourth Street to Church Street or Maple Street and through the residential areas. Mayor Tirsell opened the public hearing and asked for testi- mony from the public concerning this item. Russell Hutchinson, 557 Briarwood Court, wondered why Junction Avenue wasn't extended past the Kamp's store to the High School area. He lives north of portola and people in that area find it difficult to get from that area of town to Livermore High School and LLL. Mr. Lee explained that to extend Junction Avenue it would involve right-of-way acquisition, a four-way intersection that would require traffic signalization immediately, and the costs involved would be prohibitive. Mr. Hutchinson suggested that the City keep this in mind for future development and would urge that the City not allow development that would become rather permanent, in case the City somehow obtains the necessary funding to allow the exten- sion of Junction Avenue. Evelyn Bankhead, 5781 Fallon Road, (Fallon Enterprises) stated that her property is part of the land to be acquired by the City. The building located on the property is used for a profitable ongoing business, and the City intends to take part of the yard which would really create a hardship for the present tenant. There is a vacant lot adjacent to her property which presently has a bicycle path worn across the lot and she would suggest that the City take the vacant lot rather than cutting into her property. The following people sent letters to the City Clerk requesting permission to speak during the public hearing; however, not all who asked to testify did so: Oakland attorney representing Mabel Hansen; John Halyak, Livermore; Paul McCune, Livermore; and Evelyn Bankhead, Livermore. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. The City Attorney noted that he has visited the Fallon Enter- prises site and he would agree that acquisition of a portion of that property would hamper access to the rear of the business building on the property. However, the problem is not insurmount- able, and Mrs. Bankhead does have a right to compensation for the extent to which her interest in the property is damaged or taken. If the access to the building were from the front there would be no access problem. The building is a block building and it is not easy to change the orientation of the entrance, but it could be done. He added that he is not saying the tenant would go out of business but rather any potential disability could be alleviated by producing an entrance in the front which would permit a vehicle or towed car to go to the rear of the property by going directly through the building. At present, vehicles have to go around the building. By law, the City has to compensate for any loss and the lessee feels the money would cure the defect. CM-34-373 November 14, 1977 (P.H. re Property Acquisition) Mr. Lee was asked if the City would be interested in pursuing the suggestion to extend Junction Avenue and Mr. Lee indicated that at this time it is simply beyond the scope of the project and he feels it would not be extended at any future time. It is not shown as part of the grade separation project and although it would improve traffic circulation it would not be economically feasible. The City Attorney commented, for the record, that the vote required for adoption of the resolution is 2/3 of the members present. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE RESOLUTION OF NECESSITY AND CONVENIENCE FOR ACQUISITION OF PARCELS BY EMINENT DOMAIN, WAS ADOPTED. RESOLUTION NO. 264-77 A RESOLUTION DECLARING NECESSITY AND AUTHORIZING THE CONDEMNATION OF FEE SIMPLE ESTATES FOR PUBLIC STREET AND RELATED PURPOSES OF VARIOUS PROPERTIES LOCATED ALONG RELOCATED EAST FIRST STREET AND GEN- ERALLY DESCRIBED AS FOLLOWS: OPPOSITE THE NORTHERLY TER~INUS OF MAPLE STREET BETWEEN EXISTING EAST FIRST STREET AND RAILROAD AVENUE; AT THE TE~INUS OF SECOND AND CHURCH STREETS; AND THE AREA APPROXIMATELY 300 FEET WESTERLY OF THE INTERSECTION OF FOURTH AND SCHOOL STREETS, ALL IN THE CITY OF LIVERMORE, COUNTY OF ALAMEDA, STATE OF CALIFORNIA. COMMUNICATION FROM LAVWMA RE APPOINTMENT TO TECH. ADVIS. COMM. (Reclaimed Treated Water) LAVWMA has requested that the Council appoint representatives to serve on the Technical Advisory Committee and Policy Committee to study use of treated wastewater in the Livermore-Amador Valley. MAYOR TIRSELL MOVED TO APPOINT DAN LEE, THE PUBLIC WORKS DIRECTOR, AS THE REPRESENTATIVE TO SERVE ON THE TECHNICAL ADVISORY COMMITTEE. MOTION SECONDED BY CM STALEY, WHICH PASSED BY UNANIMOUS VOTE. Cm Turner will be LAVWMA's representative on the Policy Advisory Committee. CM KAMENA MOVED TO APPOINT MAYOR TIRSELL TO SERVE ON THE POLICY ADVISORY COMMITTEE AS THE CITY'S REPRESENTATIVE. MOTION SECONDED BY CM STALEY, WHICH PASSED BY UNANIMOUS VOTE. RESIGNATION FROM DESIGN REVIEW COMM. A letter of resignation from the Design Review Committee, was re- ceived from Gloria Taylor. The City Clerk was asked to send a letter thanking Ms. Taylor for her service on this committee. CM-34-374 November 14, 1977 (re Resignation from Design Review Comm.) Mr. Parness reported that Ms. Taylor is resigning from the committee because she lives just outside the City limits but her property is presently being annexed to the City and annexa- tion should be complete in a couple of months. She is an honored member of the committee and attends the meetings regularly and the Council might keep her in mind for appointment at such time as she once again lives within the City limits. COMMUNICATION FROM SOLID WASTE MANAGEMENT BOARD RE AVAILABLE GRANT FUNDS The State Solid Waste Management Board has informed the City of grant funds available to cities for litter control, recycling, and resource recovery due to the passage of SB 650. The law allocates approximately $18 million annually for those cities in California that might qualify and the item was submitted for informational purposes. Mr. Parness indicated that the staff is looking into the possi- bility of applying for some of the grant funds and will report back to the Council. Item noted for filing. REPORT/DISCUSSION RE ARCHITECTURAL CONTRACT FOR LIBRARY ADDITION During the last Council discussion concerning the recommendation by the Library Board that the City contract with Hirshen, Gammill, Trumbo & Cook, the question was raised as to whether or not the Council had the authority to override a Library Board recommenda- tion and select another firm. The City Attorney researched the applicable prov1s10ns of the Education Code governing municipal libraries and advises that the Library Board of Trustees is a body almost totally autonomous within the City administration and has the authority to enter into contracts and disburse funds without any legal requirement for reference to and authorization by the City Council. Randy Schlientz, with Associated Professions in Livermore, thanked the Council for postponing this item for one week to allow a re- port from the City Attorney and his testimony. He explained that in contacting members of the Council concerning this item prior to the discussion last week it was not his intent to pursuade the Council to override the decision of the Library Board. He had no knowledge of the fact that a decision had been made and he noticed in the Council agenda that the matter would be before the Council. He was not able to attend that meeting and he wanted to address the Council and the Library Board. He has contacted all but one member of the Library Board and they have implied that they would be willing to have a second hearing with all of the architects interviewed. Mr. Schlientz urged that the Council recommend to the Library Board that a second hearing be allowed. He added that as a local architect he believes his firm should be given special consideration for design services for the City. CM-34-375 November 14, 1977 (re Architect for Library Addition) Mr. Schlientz commented that their firm believes they should not be awarded every design contract~ however, contracts in excess of $150,000 over the past three years have been awarded to firms outside the City. The Council has taken the position of wishing to encourage local business and industry and they are a local business employing 10 people, 9 of which live and pay taxes in Livermore. Their firm pays more than $20,000 annually in property taxes and members of the firm donate hours of volunteer service to the City, schools, and LARPD. He pointed out the various committees served by the people with his firm and stated that the point he would like to make is that people with his firm are actively involved in this community and that they should receive special consideration by the Council when being considered for professional services. Mr. Schlientz stated that his firm is very competent and the cost to the City would not be increased if the contract were let to his firm. Christine Sherman, representative of the Library Board, commented that all members of the Board have been contacted, with the excep- tion of Rogene Fields, and the Board feels strongly that if the Council feels they should reconsider or reinterview the firms, they would do so very graciously. If the Council would request that they change their recommendation, they would like some fairly substantial reasons as to why their recommendation should be changed. During the Council discussion of an architect for the library build- ing addition, the following points were observed: 1) the Library Board has the authority to make the decision of which architectural firm to select and their recommendation was made to the Council as a matter of courtesy; 2) the Board would be willing to again interview the prospective firms but their recommendation would probably not change; 3) if the firms interviewed were equally competent, the local firm should be given special consideration; 4) it would be improper for the Council to ask the Library Board to change their recommendation on the basis that they have conducted the interviews and researched the matter; and 5) the City Attorney has prepared a list of guidelines or procedures to be followed in interviewing and selecting firms for future services. It was noted that the Council has received notice of what the Library Board intends to do and the item could be filed. If the Library Board wishes to take further action in the interest of making a different selection they are at liberty to do so. CM KAMENA MOVED TO ACCEPT THE RECOMMENDATION OF THE LIBRARY BOARD TO HIRE THE FIRM OF HIRSHEN, GA~MILL, TRUMBO & COOK, FOR ARCHITECTURAL SERVICES FOR THE LIBRARY ADDITION. MOTION SECONDED BY CM TURNER. The comment was made that this item probably would never have been a problem at the Council level had the proper notices been given. MOTION PASSED BY UNANIMOUS VOTE. REPORT RE SALE OF CITY BUILDINGS The report concerning the sale of the two City buildings located on First Street was postponed until November 21, to allow further consideration of the bid and its conformance to the City's bid specifications. CM-34-376 November 14, 1977 DISCUSSION RE HOME OCCUPATION - WATCH REPAIR Cm Turner had asked that the Council discuss the Home Occupation Policy drafted by the Planning Commission which was recently amended by the Planning Commission to include the service of watch repair. He noted that the report indicated there would not be additional pedestrian traffic and no retail sales involved but he felt if watches were repaired there would soon be sale of watches from the home. He added that repair of watches can be done through a jewelry store and he does not want a home occu- pation to compete with local merchants located in commercial areas. The comment was made that the person conducting watch repair ser- vice in his home goes to the jewelry store, picks up watches to be repaired in his home and returns them to the jewelry store after they have been repaired and the merchant charges the customer for the service. This would not be in violation of the philosophy of the home occupation permit. It was also mentioned that handicapped or disadvantaged people do watch repair work or similar work from their homes and there is a possibility that the watches could be shipped to the home for watch repair. The Council agreed that if people were going to and from the home to leave watches for repair and picking them up after the work was completed, this would create additional traffic and the use should not be permitted but it seems this is not the case. The consensus of the Council was to ask the Zoning Administrator to be aware of the possibility of watches being sold from homes in which watch repair is done, and to report back to the Council if this type of activity is taking place. RECESS Mayor Tirsell called for a brief recess after which the meeting resumed with members of the Council present as during roll call. REPORT RE NAMING OF PARK ON PORTOLA AVE. A report from the Planning Commission's meeting of 10/26/77, shows that the P.C. adopted the recommendation of the Heritage Guild to name the park located on Portola Avenue, the Lincoln Highway Park. ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED THE RECOMMENDATION OF THE P.C. AND THE HERITAGE GUILD FOR NAMING THE PARK LINCOLN HIGHWAY PARK. Mrs. Newton, from the Heritage Guild, commented that the old Lincoln Highway has a very interesting historical background (Portola Avenue) and the name recommended by the Guild would be most appropriate. liThe houses of Robert Livermore are long gone. The adobe house was demolished about 1875 and the timber "Round-the-Horn" house was pulled down in 1953. What remains on the Anderson property is an area where all those who went to the ~~L~~i~~ in the first years of the goldrush found hospitality and a place to stay overnight. Some stayed in the house and many more camped near Las Positas Creek. Many were famous people who recorded their visit, in some cases in books that became world-wide best-sellers. The site has never been examined for historical artifacts and there must be a great many of them. It is desirable to plan whatever development is contemplated for the site around this area so that we can have as much evidence as possible to help us remember this most colorful episode in the history of the Valley." From Mrs. Janet Newton. November 14, 1977 P. H. SET RE GEN. PLAN CENTRAL AREA ELEHENT ON MOTION OF CM KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE COUNCIL SET A PUBLIC HEARING FOR AMENDMENT TO THE GENERAL PLAN TO ESTABLISH A CENTRAL AREA ELEMENT, FOR 12/5/77. REPORT RE ANDERSON PROPERTY DEVELOPMENT The City Manager reported that property situated in the area of portola Avenue and I-580 owned by Chester Anderson, is being pro- posed for development. The property consists of 57 acres and Mr. Anderson has received approval from the County to develop 452 residential units but with the condition that the applicant request annexation to the City of Livermore prior to sale of the units. The owner is willing to negotiate an annexation agreement provided that development be allowed prior to annexation, but under full compliance to City public works and building standards with some resolution as to the payment of City fees and that there will be available sewage service. The P.C. is considering a General Plan amendment for this area which presently specifies a density of 3 d.u./acre, and it is recommended that the item be referred to the P.C. for recommendation with direc- tion to the staff to draft an annexation agreement proposal. Concern was expressed that Mr. Anderson not be allowed to build to County standards and then annex to the City after development has taken place. During Council discussion the following points were raised: 1) the property was once zoned agricultural, is now 3 d.u./acre, and the owner may try for 6 or 8 d.u./acre density; 2) it would not be prudent for the Planning Commission to draft an annexation agreement if there has not been a conclusion of the density factor: 3) the plan shows the third phase which is after 1990, and the Council should ask the owner to address phasing; 4) A report from the former Planning Director indicates that the zoning does agree with the County zoning which shows multiple and the County staff report also points out that the City zoning agrees with the County zoning. The old zoning was not transferred to the new General Plan map and this is something the P.C. may want to discuss and reflect on the old multiple zoning, as there seems to have been some mistake made because the Council has never planned for single family resi- dential in that area. 5) There is an historical site on the property and no mention has been made anywhere in the County report that the building should be preserved or recognized. Comments made by Janet Newton concerning the heritage site were not audible. *** See P. 377 for text of comments furnished by Ms. Newton. ON MOTION OF CM KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE ITEM WAS REFERRED TO THE P.C., WITH THE DIRECTION THAT DOCUMENTS BE INCLUDED FROM THE CITY ATTORNEY, FOR CONSIDERATION. REPORT RE TIME LIMIT - MERCHANTS PARKING LOT A committee of merchants studying the parking lot item, has made the recommendation that there be a two-hour parking limit for the parking facilities located in back of the retail stores on First Street. Since a number of retail establishments pay for the leasing of this facility, it is recommended that the item be scheduled for CM-34-378 November 14, 1977 (Parking Lot) a Council hearing, for December 5, and that all businesses subject to the payment of the business license surcharge be notified and asked to express their views. ON MOTION OF CM KAMENA, SECONDED BY CM TURNER, AND BY UNANIMOUS VOTE, THE STAFF RECOMMENDATION WAS ADOPTED. REPORT RE GREENS CON- STRUCTION - LAS POSITAS The City Manager reported that as a result of the drought condi- tions over the past couple of years, the greens at the Las Positas Golf Course have suffered and need to be reconstructed. At present the City has rebuilt five greens and it is recommended that the Council authorize a budgetary amendment to allow the reconstruction of five additional greens during the period of low volume winter play, with the remaining greens to be reconstructed during the next fiscal year. It is estimated that $12,500 will be needed to reconstruct five greens during the remainder of this fiscal year. MAYOR TIRSELL MOVED TO AUTHORIZE A BUDGETARY AMENDMENT TO PROVIDE FOR RECONSTRUCTION OF FIVE GREENS, IN THE AMOUNT OF $12,500, SECONDED BY CM TURNER. Mr. Parness was asked where the funding will come from and he indi- cated that this would have to come from the City's reserves but this item is one of absolute necessity. The comment was made that during the budget session the City Mana- ger reported that the City's reserves were critically low and it would be helpful, inasmuch as funds will be coming from reserves, if the City Manager would include his recommendation in addition to submitting the request from the department head whenever situ- ations such as this arise. Mr. Parness explained that the agenda is prepared by him and on the agenda is his recommendation which does give the Council an idea of his opinion on a subject; however, this is a good point that he will keep in mind. The suggestion was made that if the Councilmembers have any doubt as to the terrible condition of the old greens and the advantage of the newly constructed greens, they should take a tour of the golf course and let one of the people working there show them the difference. MOTION PASSED BY UNANIMOUS VOTE. P.H. SET RE IMPROVE- MENT BENEFIT DISTRICT ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, A PUBLIC HEARING FOR THE IMPROVEMENT BENEFIT DISTRICT FOR PUBLIC WORKS IMPROVEMENTS ALONG OLIVINA AVENUE AND HAGEMANN DRIVE WAS SET FOR DECEMBER 12, 1977. CONSENT CALENDAR Reso. Auth. Exec. of Agree. re CETA Employees The Council adopted a resolution authorizing execution of agreement relative to the Title VI CETA employees, extending funding through September of 1978. CM-34-379 November 14, 1977 RESOLUTION NO. 265-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (County of Alameda) Payroll & Claims There were 125 claims in the amount of $93,853.46, dated 11/8/77, and approved by the City Manager. MATTERS INITIATED BY THE STAFF (School Children - East Ave./Mitra Area) Mr. Lee stated that concern has been expressed for the children who must travel along East Avenue to the schools in that area. He does have a map of the area and is prepared to discuss the problems when the Council is ready for a discussion. Mr. Lee commented that Cm Turner has observed that children in the Mitra/Norma Way vicinity have been cutting through the apart- ment complex and he illustrated the route used by the children on the map. Recently the apartment manager erected a barricade to prohibit short cuts taken by the children which has resulted in heavy street bike traffic and conflicts with automobile traffic. There has been concern for the safety problems involved and the staff has talked with the apartment manager who would be willing to cooperate with some type of plan. The barricade has since been removed and the students are again cutting through the apartment complex. There may be a solution to the problem and the following suggestions were presented: 1) provide a bike lane on the street, as was shown in yellow on the map; and 2) a bike ramp as illustrated on the map. Discussion followed concerning the recommended solutions and prob- lems with the suggestions were pointed out, and the Council sug- gestion was to urge the children to use the sidewalks. Mr. Lee explained that if a bike lane is provided in the street, parking would be eliminated along the curve and this should help, considerably. There is no way the City can force the children to stay on the sidewalk and since many of them will continue to use the street it would seem prudent to provide a safe means of travel for bike riders. Hopefully, the installation of a ramp will encourage the younger bike riders to remain on the sidewalk. The staff was directed to provide the bike lanes, paint the cross- walk, and make curb cuts, with painting along East Avenue for clear identification, ON MOTION OF CM TURNER, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE. MATTERS INITIATED BY THE COUNCIL (Bike Lane Identifica- tion Problem) Cm Turner noted that in traveling in an easterly direction on Railroad Avenue, it is particularly difficult to identify the bike lane, as there is a wide bike lane and one lane for auto- mobile traffic and he inadvertently was driving in the bike lane. He observed other vehicles in the bike lane, and he would suggest that something be done to mark the bike lane clearly. CM-34-380 November 14, 1977 (Bike Lane Identification) Mr. Lee indicated that the wording, flbike lanefl is stamped in that lane and Cm Turner stated that he will watch the area more carefully at night. (No Smoking) Cm Turner wondered if the staff has received comments from merchants who were sent notices asking that they observe no smoking areas, on a volunteer basis, and Mr. Parness indicated that the City has received letters indicating that they re- ceived the suggestion, but without further comment. (City Manager Written Opinion) Cm Turner stated that often the Council receives information addressed to the City Manager, in the Council agenda, and no written opinion is expressed by the City Manager on the item; therefore, the Council does not know what the City Manager would recommend. Mr. Parness indicated that he will try to follow through with a recommendation or written commentary when items are addressed to him. CITY MANAGER STATUS REPORT Recycling Center The Recycling Center has been moved down Pacific Avenue to allow access to the Multi-Service Center area, and the people in charge of the Center are considering selection of a per- manent location. Springtown Golf Course Some additional facilities have been installed in the Spring- town Golf Course snack bar and reportedly the remaining items will be installed by the end of this week so that it can be opened for public use. City Engineer The recruitment process is nearly complete for the City Engineer position and the staff is happy with the reasonably good response. Of the 34 applications reviewed, a panel spent a day interviewing about 11 candidates, with the final three interviewed by the City Manager. A selection should be made early next week for that important position. Capital Improvement ~udget The six year capital improvement budget is in its final stages, has been submitted and calculated. Mr. Parness will be reviewing it with the responsible department heads and it should be ready for the Council review around the first of January. CM-34-38l November 14, 1977 (C.M. Status Report) Operating Engineers Local - Negotiations The City has been negotiating with Operating Engineers Local No.3, the Public Works employees,wwhich should be finalized in the near future. The contract expires January 31, so there is sufficient time to complete negotiations prior to the expiration period. General Plan Amend. The amendments to the General Plan are under study by the P.C. and the Council can expect to have the report for review within the next couple of months. ADJOURNHENT There being no further business to come before Mayor adjourned the meeting at 10:10 p.m. ~- m ~.lj Mayor ATTEST ~~~ ,~J- C~ty Clerk 'vermore, California the Council, the APPROVE Regular Meeting of November 21, 1977 A regular meeting of the Livermore City Council was held on November 21, 1977, 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 Jliayor Tirsell Absent: None PLEDGE OF ALLEGIANCE Hayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. MINUTES - 11/7/77 ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE HINUTES FOR THE MEETING OF 11/7/77, WERE APPROVED, AS SUBHITTED. (Cm Dahlbacka abstained due to absence at that meeting. ) CM-34-382 November 21, 1977 OPEN FORUM ~layor Tirsell invited members of the audience to address the Council on any item not listed on the agenda. No public testi- mony was presented. CO~~UNICATION FROM ZONE 7 RE SB 430 Zone 7 has written to the City concerning SB 430. They feel the objectives of the bill are worthwhile but they are concerned that the bill implies that a public agency could be forced into the establishment of an on-site wastewater disposal zone if the agency were to be compelled by 35% of the voters or owners of real property within the proposed zone to submit the matter to an election within the proposed zone. CM TURNER MOVED TO DIRECT THE STAFF TO PREPARE A LETTER SUPPORT- ING THE REQUEST MADE BY ZONE 7 FOR WORDING CLARIFICATION, TO BE SENT TO ASSEMBLYMAN MORI AND SENATOR HOLMDAHL. MOTION SECONDED BY CM STALEY. The Council also requested that carbon copies of the letter be sent to the Regional Board and the Legislative Governmental Organization Committee of ABAG. MOTION PASSED BY UNANIMOUS VOTE. COMMUNICATION RE REAPPOINTMENT A letter from Darryl Mailander, advises the Council that due to increased professional obligations he would not be able to accept reappointment to the Airport Advisory Committee. Letter noted for filing with direction to the staff to send a letter of thanks to Dr. Mailander for his service on this committee. COMMUNICATION FROM EPA RE WASTEWATER TREATMENT PLANTS A letter from Paul DeFalco of the Environmental Protection Agency, indicates that their policy with regard to the use of small waste- water treatment plants and individual home or on-site treatment devices as alternatives to municipal collection and treatment systems, is intended for isolated and individual communities - not for area-wide implementation. It was felt the letter from Mr. DeFalco would be of interest to the Water Quality Control Board because their meeting takes place in December and the City's position which has been supported by Pleasanton was the request that the EPA not allow package plants in the General Plan area of a community. The staff was also asked to send the letter to the Alameda County Board, because they are working on a package plant policy; and the Alameda County Planning Commission. Item noted for filing. CM-34-383 November 21, 1977 COMMUNICATION RE COUNTY AIRPORT LAND USE POLICY PLAN The Council received a communication from William Fraley, Administra- tive Officer of Alameda County,Airport Land Use Commission, which included a copy of the Alameda County Airport Land Use Policy PIa. The Council indicated that they would prefer to discuss this item after the item has been reviewed by the Planning Commission and the Airport Advisory Committee, and after receiving comments from those bodies. REPORT RE lip" STREET ~DIAN ISLANDS A report was submitted by the Director of Public Works concerning the medians proposed as part of the IIplI Street widening project. It is recommended that the Couancil approve the construction of the median island to 1) separate the opposing flow of vehicular traffic; 2) provide protection and control for crossing and turning traffic; 3) provide a refuge for pedestrians; and 4) define street alignment and proper vehicular paths. In discussing the item the Council expressed concerns that 1) the traffic flow along "P" Street is a hazardous situation and medians will not alleviate the problems associated with that particular area; 2) the following alternatives might be investigated prior to making a permanent island installation - provide a solid median from First Street to Railroad Avenue or allow an opening at the Safeway area but mark the pavement IIExit Onlyll. Mr. Lee indicated that the engineering staff did anticipate the type of traffic problems that are being observed with cars exiting from Safeway and crossing in front of the north or southbound ve- hicles on IIplI Street, and this was the reason the medians were proposed originally. It was felt that the proposed medians would help solve some of the traffic problems. Mr. Lee was asked if the street is wide enough to provide the median and the necessary lanes of traffic to accommodate the traffic and the future anticipated use, and Mr. Lee indicated that the Engineering Department would be more comfortable with a street that about 15 ft. wider; however, this is a problem that is faced everyday in the downtown traffic areas and the engineers have been forced to work with the width available. They feel the proposed plan would accommodate the future traffic. Mr. Lee felt that a solid median from First Street to Railroad Avenue would cut off some of the customers for ACE Hardware and the Team Shop, from the southbound traffic, and the City would receive complaints from the merchants on that side of the street. Mr. Fletcher, from the Team Shop, feels the proposed median would allow his customers to get into and out of his driveway parking area. Mr. Parness added that Mr. Fletcher is very concerned about the Safeway driveway and that the proposed median does nothing to solve the Safeway driveway problems. Discussion continued concerning the possibility of a solid median from First Street to Railroad Avenue, or an opening at the Safeway driveway which could be for permitted exits only. CM-34-384 November 21, 1977 (re "P" St. Medians) There was also the suggestion that the proposed median could be approved but exits from Safeway could be limited to right turns only onto "P" Street. This would permit people to turn into Safeway from either direction on "P" Street as well as an exit from that parking area, and it would not cut the merchants off from the "P" Street traffic in either direction. Mr. Lee was asked if there is access from the parking lot of the bank on the corner to the Team Shop and ACE through the back, and Mr. Lee indicated that there is not access at this time, but it is physically possible. He has discussed this possibility with the engineer from the bank because this would be advantageous to all three properties. Dan Hainesworth, representing Southern Pacific Development, stated that he has just received the plans for the alternative for making driveways onto "P" Street exit or entrance only and he hasn't had time to study it in order to review it with their architect, nor has he had time to discuss the proposal with Safeway and Longs. In going over the proposal his observa- tion would be that this would eliminate the use of the parking stalls directly in front of Safeway and the pizza parlor be- cause people would have to weave through the parking lot area to get to these stalls. From this standpoint he would be opposed to the recommendation and he feels that Safeway and some of the other merchants would object to it. Nobody really anticipated that the shopping center would be as busy as it is with the volume of traffic as heavy as it is, and it is an unfortunate situation. The medians in the configuration proposed by ~1r. Lee appear to be about the best recommendation. There is a possibility that the curb cuts could be changed on the driveways which might help to some extent. He explained that they were forced to provide pedestrian oriented curb cuts and if they were made automobile oriented it would make the turning movements easier than they are at present. This is part of the problem, and he would urge that the City try something like this prior to taking more drastic measures. Mr. Hainesworth was asked if S.P. would be willing to talk to the property owners and perhaps do a redesign of the lot and he stated that the configuration was the result of many man hours spent discussing the issue but they will take a look at the matter. He indicated that he is surprised this issue is being discussed this early because as he recalls the Council agreed to wait six months after the opening of Railroad Avenue to determine if new traffic patterns had been created with the provision of the new street. The street has been open for only about a month and this may not be enough time to evaluate new traffic patterns. The comment was made that if lanes are allowed to exit only from Safeway onto "P" Street, the lines for parking in front of Safeway, Longs and the pizza parlor could be slanted the opposite direction and cars could still park in front of those stores. It was the consensus of the Council to send the item back to engineering for further consideration and to review the problems along First Street as well. Prior to referring the item back to the staff it was also suggested that the staff consider some type of pedestrian crossing from the Safeway area to the stores on the east side of the street, if there is to be a solid median. CM-34-385 November 21, 1977 (re "P" St. Median) R. Faltings, 1018 Via Granada, asked if during the reconsideration of this item some attention can be given to the "P" Street exit near First Street. He pointed out that people exiting from that spot cross two lanes of "P" Street traffic to turn left onto First Street, and this creates a very hazardous situation for the "p" Street traffic. There was discussion relative to the city standards for commercial exit/entrance widths and the possibility of increasing the width for the center and the staff was asked to include in their report back to the Council the history concerning the number of accidents which have occurred on First Street at the entrance to the shopping center and on "p" Street at the entrance to the shopping center. Item will be discussed by the Council after the matter has been reviewed by the staff. REPORT RE ABAG ENV. HGMT. PLAN DRAFT The City Manager reported that the ABAG Environmental Management Plan draft has been submitted to the Council for review and comments the Council might wish to make must be forwarded by mid December. The EMTF will conduct hearings beginning 1/11/78. Supervisor Raymond noted that she was asked to attend the Council meeting in case the Council intended to discuss the draft. She indicated that if the Council feels they do not have sufficient time to discuss the item at this meeting it could be scheduled for discussion in a work session. She stated that she is not sure how much background the Council has on the EMTF Plan and she would be happy to furnish information this evening but since it is a very significant issue that will probably involve a time consuming dis- cussion, it might best be postponed for later discussion. The Hayor explained that at this particular meeting the Council will briefly outline the document for the benefit of the press and those in the audience, with study sessions scheduled after receipt of the final draft. Sup. Raymond explained that the Plan arises from the federal mandate concerning air and water quality. The Bay Area is the only area in the u.S. which has been chosen to compile an integrated environ- mental management plan, as opposed to a separate effort and we are about two years ahead of any other region in the country on this effort. The EMTF is the only plan being prepared by the joint efforts of locally elected officials, as opposed to major input from the federal government, and will be a model for the nation as to how effectively local government can prepare a plan that attempts to meet clean air standards and water quality standards. Sup. Raymond added that the plan has been prepared over a two year period by a 46 member committee of elected official representatives and also had input from all of the major regional agencies and special interest groups. The plan deals with four components; i.e., 1) air quality; 2) water management; 3) water supply; and 4) solid waste. The water runoff plan was prepared after this document was printed and therefore not included in the present data. CM-34-386 November 21, 1977 (re ABAG Env. Mgmt. Draft Plan) The plan lists a number of options available for meeting standards and there is a lot of emphasis that at this point no final choices have been made and it is a very open planning process that is attempting to point out what the problems are and the types of solutions available. Changes can be made all the way up until April, at which time final adoption will take place at the General Assembly. John David, representative from ABAG, indicated that at this time there are no proposals to implement any major institutional changes for anyone of the four elements. Item will be discussed at a later date. MOTION TO SUSPEND RULES TO ALLOW DIS- CUSSION OF AGENDA ITEM ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COUNCIL SUSPENDED THE COUNCIL RULES TO ALLOW DISCUSSION OF THE AGENDA ITEM RELATIVE TO CETA TITLE VI PSE SPECIAL PROJECTS FUNDING, TO BE FOLLOWED BY THE REPORT FROM THE RECYCLING TASK FORCE. REPORT RE CETA, TITLE VI, THIRD ROUND OF FUNDING The Council received a proposed project listing for the third round of CETA Title VI funding which has been reviewed by the staff and Social Concerns Committee, recommended for approval. The Personnel Director offered her apologies for not submitting the list prior to this evening for Council review but because of a delay in the procedures the information was not typed by City personnel until today. She had requested a delay for approval of these projects but was denied the request by the County, and Council approval must be submitted tomorrow. The projects to be funded in the third round of funding will begin in January or February and funding will be extended only until September of 1978. Livermore was notified that it would be allocated $266,731.00 in the third round of funding and projects submitted doubled that amount; therefore, the Social Concerns Committee evaluated which projects would be funded and how to live within the amount to be allocated. The Personnel Director briefly explained the reasons various projects were not recommended for approval and why those proposed were recom- mended. . It was noted that the Social Concerns Committee conducted a public hearing relative to projects to be funded on November 10th which lasted until about 11:30 p.m. and they met again on November 17th reviewing each project, assessing the project priorities under the limitations of funding. The Personnel Director was asked if any late applications for projects were considered, and she indicated that none were considered after the application deadline date. Also, none of the projects were funded in the first and second rounds; there was one project recommended that was funded under Title I, which was LARPD's Home Chore Aides Program. CM-34-387 November 21, 1977 (Title VI Funding) Ms. Duncan then reviewed each of the projects recommended for approval. As the projects were explained some were removed by the Council on the basis that they would probably not serve local residents or because they could be funded by different sources. Maria Smith spoke to the Council concerning the need for funds for the Program for Children with Special Needs, and the Livermore School District's Child Care Center Program. Kay Honodel also spoke in favor of the need for funds to continue these services. John wilson-Bugbee explained that the ECHO Home Insulation Project would provide insulation for low-income families of Livermore, and the comment was made that about 95% of the low-income families in Livermore are senior citizens who own their own homes, many of which are not insulated. Joy Lester asked that the Council reconsider funding for the San Francisco Girl Scout Council because they plan to hire three persons to work in low-income communities. Roger Johnson, 858 Keystone Way, vice President of the Livermore Jaycees, asked that the Council consider approving the Buenas Vidas Youth Ranch program. The Jaycees spent in excess of 1,000 man-hours at Buenas vidas and they believe in the program. If the Ranch received the money they have requested it would allow the Jaycees to work on other worthwhile projects in the community. It was the consensus of the Council to review each project deleted from the list, discuss whether or not it should remain deleted and if so find a project for approximately the same amount of requested funding, as a substitute. CM STALEY MOVED TO INCLUDE THE BUENAS VIDAS YOUTH RANCH PROJECT IN THE LIST OF PROJECTS TO BE APPROVED. MOTION SECONDED BY CM TURNER, WHICH PASSED BY UNANIHOUS VOTE. ON MOTION OF CM TURNER, SECONDED BY C~1 STALEY AND BY UNANIMOUS VOTE, THE COUNCIL APPROVED THE LEAHY SQUARE RECREATION PROGRfu~ FOR THE LIVERMORE HOUSING AUTHORITY AND THE CHILD CARE CENTER PROGR.N'1. FOR THE LVUSD NERE APPROVED. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE FOLLONING ITEHS WERE APPROVED. AFTER THE LIST OF THOSE PROJECTS APPROVED, IS A LIST OF THOSE PROJECTS NOT SELECTED. APPROVED: Alameda County Assoc. for the Mentally Retarded (Garnet Austin) ; D.B.A. Valley School (program for children with special needs); Employment Development Dept. (jobs-school liaison program) ; Tri-Valley Haven for Women; Valley Volunteer Program; Buenas vidas Youth Ranch; Valley Ecology Center; ECHO Housing Assistance (request for monthly report on housing insulation for homes in Livermore); Livermore Housing Authority (Leahy Square recreation program); Livermore Valley Unified School District (Child Care Center program), (custodial services & training with condition that they work with Garnet Austin Center), (School Attendance Review Board), and (library technicians); City of Livermore (airport beautification), (fire safety project), (rebuilding golf course greens), (golf course drainage), (horizontal control system for surveying), and (water pressure & valve inventory). CM-34-388 November 21, 1977 PROJECTS NOT SELECTED: Alameda County Housing Authority; Alameda County Project Intercept; CURA; Hotline (needs assessment - drug/alcohol) and (nutrition education); New Haven School District; S.F. Girl Scout Council; LARPD (outdoor recreation facilities renovation); City of Livermore (community improvement project), (traffic signal maintenance), (car washing), and (compost project). RESOLUTION NO. 266-77 A RESOLUTION AUTHORIZING AN AMENDMENT TO AN AGREE- MENT (CETA Title VI PSE Special Project) Third Round RECYCLING TASK FORCE REPORT The Recycling Task Force reported that in June of this year the City Council appointed members to a Recycling Task Force for the purpose of reviewing methods that could be implemented in achiev- ing a 25% reduction of refuse in Livermore. The Task Force has conducted a recycling attitude survey and has submitted policy recommendations for Council review. The Task Force would recom- mend that the Council adopt a motion publicly urging voluntary residential participation in the accumulation of disposable and recyclable materials and the cooperation of the Livermore Disposal Company in this effort. CM STALEY MOVED TO URGE VOLUNTARY RESIDENTIAL PARTICIPATION IN SEPARATING RECYCLABLE MATERIAL FROM OTHER HOUSEHOLD REFUSE, SECONDED BY CM KAMENA, WHICH PASSED BY UNANIMOUS VOTE. Mr. Schilling commented that he feels the Task Force will soon bring a promotional campaign to the Council with a possible request that the City appropriate funds for the campaign. They may also propose legislation to the Council relative to who has control of the recyclables after they have been placed on the curbs because the materials are of value in that form and there will need to be municipal control over the recyclables. Mr. Schilling added that it is anticipated that a program such as the one recommended could be put into effect around the middle of April. The Council expressed their thanks and appreciation to the members of the Task Force who worked so very hard to compile the information presented to the Council. CONSENT CALENDAR Reso. Extending CETA Title VI Funds The Council adopted a resolution approving the contract amend- ment for the CETA Title VI PSE Special Project Funds, extending the projects into the fiscal year 1978. RESOLUTION NO. 267-77 A RESOLUTION AUTHORIZING AN AMENDMENT TO AN AGREEMENT (CETA Title VI PSE Special Project) Extending First and Second Rounds CM-34-389 November 21, 1977 Reso. Approving FAU Projects List The Council adopted a resolution approving the FAU Projects priority list. RESOLUTION NO. 268-77 A RESOLUTION APPROVING FAD PRO- JECT PRIORITIES Reso. Auth. Budgetary Amend. The Council adopted a resolution authorizing a budgetary amendment authorizing an expenditure of $12,500 for the reconstruction of five greens during the coming winter. RESOLUTION NO. 269-77 A RESOLUTION AUTHORIZING BUDGET AMEND- ~mNT (Reconstruction of Greens) Reso. Rej. Claim The Council adopted a resolution rejecting the claim of the Kooshians. RESOLUTION NO. 270-77 A RESOLUTION REJECTING THE CLAIM OF CHARLES H. KOOSHIAN, PERCY KOOSHIAN AND TED KOOSHIAN, A HINOR. Reso. re Elections The Council adopted a resolution relative to candidate statements and "other material" in accordance with the Elections Code, for the General Municipal Election of 1978. RESOLUTION NO. 271-77 A RESOLUTION DETERMINING MATTERS RE- LATED TO CANDIDATES' STATEMENTS AND "OTHER MATERIAL" IN ACCORDANCE WITH ELECTIONS CODE SECTION 10012 AND RE- LATED SECTIONS FOR THE GENERAL MUNICI- PAL ELECTION OF 1978. Reports The following departmental reports were submitted for informational purposes: Airport Activity Building Inspection Dept. Mosquito Abatement Municipal Court Fines Police Department Water Reclamation Sept. Oct. Sept. Sept. Oct. Sept. 1977 1977 1977 1977 1977 1977 CM-34-390 November 21, 1977 P.C. Summary - 1~/15 The Planning Commission Summary from their meeting of 11/15/77 was noted for filing. Agenda for P.C. Study Session - 11/22 The Council received a copy of the Planning Commission agenda for the study session which will be held November 22, 1977. Payroll & Claims 11/15/77 There were 174 claims in the amount of $153,688.60, and 330 payroll warrants in the amount of $114,845.43, for a total of $268,534.03, dated November 15, 1977, and approved by the City Manager. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED WITH DELETION OF ITEM 5.6 RELATIVE TO GRANTING A CUP FOR STATEWIDE REALTY, WHICH WILL BE DISCUSSED NEXT. CUP FOR STATEWIDE REALTY RE REALTY OFFICE IN NEIGHBORHOOD SHOPPING The Planning Commission conducted a public hearing to consider the CUP application by Statewide Realty, to allow a realty office in a Neighborhood Shopping Center. The recommendation of the P.C. was to approve the CUP, based on their findings and condi- tions, as outlined in their Resolution No. 91-77. The Council reviewed the report and decided that the CUP should not be granted on the basis that: 1) these uses are allowed in the CO and are encouraged in the CBD, 2) if allowed the office spaces in the CN Zone would quickly fill up with real estate offices and neighborhood type uses would not have a place in which to locate; 3) this is a city-wide use which does not belong in an office complex; 4) to confine the office spaces in shopping centers that are financial services is a type of protection of the downtown, the central business dis- trict and the commercial office areas. Ray Seifert, applicant, stated that the problem with trying to locate in the downtown area is the lack of parking and it would also cost him a lot of money to rent office space in the downtown area. He lives near the shopping center on East Avenue and he really believes he could serve the people in that neighborhood. Also, he could rent office space in the Sunset Financial Center but he would merely become one of many many offices and he doesn't want that. CM TURNER MOVED TO ADOPT THE RECO~1ENDATION APPROVE THE APPLICATION AND GRANT THE CUP. BY CM KAMENA, AND FAILED 3-2 (Cm Dahlbacka, Tirsell dissenting). OF THE P.C. TO MOTION SECONDED Staley and Mayor CM-34-39l November 21, 1977 (CUP App. - Statewide Realty Office) CM STALEY MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE A RESOLUTION DENYING THE CUP, BASED ON THE FINDINGS RELATIVE TO COUNCIL DISCUS- SION ON THIS ITEM. MOTION SECONDED BY CM DAHLBACKA, WHICH PASSED BY 3-2 VOTE (Cm Kamena and Turner dissenting). Item will appear as a resolution on the Consent Calendar. MOTION TO ADJOURN CM TURNER MOVED TO ADJOURN THE MEETING, POSTPONING THE REMAINDER OF THE AGENDA UNTIL THE NEXT COUNCIL MEETING, IN RECOGNITION OF THE COUNCIL POLICY TO ADJOURN AT 11:30 P.M. MOTION SECONDED BY CM KAMENA. The Mayor asked if the staff needs direction on any items remaining on the agenda, prior to adjournment and the City Manager noted that he needs direction concerning the City Hall bidding process. CM DAHLBACKA MOVED TO TABLE THE MOTION TO ADJOURN, SECONDED BY CM STALEY, WHICH PASSED 4-1 (Cm Turner dissenting). REPORT RE SALE OF CITY HALL PROPERTY The City Manager reported that the cmost acceptable bid submitted for the City Hall property, in terms of sale price, contained a condition that the major portion of the amount would not be made available to the City until 60 days prior to vacation of the premises. Efforts to negotiate an acceptable resolution to this problem have failed and in the meantime other interested parties have asked that they be considered. It is recommended that the Council adopt a motion authorizing the City Manager to publicly accept supplementary bid offers at a speci- fic time and place whereby amounts will be received either in writing or orally in a sum at least 10% over the amount thus far under con- sideration. The current bidder has indicated approval of this process and extended the time for acceptance of the bid price for an additional two weeks. CM KAMENA MOVED TO APPROVE THE RECO~~ENDATION OF THE CITY MANAGER, SECONDED BY Cf1 STALEY FOR DISCUSSION PURPOSES. ~1r. Parness noted that the bid contingency seems to be reasonable because it does cost the borrower money to obtain the necessary financing and this should be recognized. When the staff calculated what they felt an equitable formula would be, it was found that the City would be paying a fairly substantial amount of rent for the occupancy of its building, to receive the bid amount in one lump sum. This didn't seem to be reasonable; therefore there are other considerations to be discussed with the bidders, and it was concluded that another method for the bidding process should be followed. He explained that the staff recommendation would be to receive formal bids and then allow the bidders to appear and orally offer bids over the highest bid received. This type of procedure is quite common when disposition of real estate or property is involved, and that is what is being suggested at this time. CM-34-392 November 21, 1977 (re Sale of City Hall Property) Mr. Parness added that one of the three partners of the high bid- ding syndicate has signed an agreement approving of the process and has given the City an additional two week extension on the validity of his bid; however, the other two partners have not signed the agreement and there may be some leqal question as to whether one partner has the right to give the City this extension. Mr. Reiners explained that the procedure the City intends to follow is the overbid procedure used in probate sales of property. The base bid of $83,553 is that bid which has been quoted and was the high bid, will be published as the base bid and any bid which is not 10% higher than this base bid will not be considered. The specifications to the bid include the requirement that 25% of the bid amount must be put on deposit with the City upon award of bid, and the balance of the bid will be receivable within 90 days of the notice by the City to that effect. The notice would be given by the City shortly before the City staff is ready to vacate the premises. During this remainder term the City will pay a monthly rent based upon the commercial costs of that money. In the event the bidder does not place in deposit the 75%, the 25% would automatically be forfeited to the City. Hopefully, the City can better its position by fOllowing this procedure, but even if it doesn't the City has a little over a year before it has to vacate the property and the property can always be sold later, if this doesn't work. MOTION PASSED BY UNANIMOUS VOTE. P.H. SET RE CITY PROPERTY - LANDMARK DESIGNATIONS ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANI~10US VOTE, THE COUNCIL SET A PUBLIC HEARING ON DECEMBER 12, 1977, CON- CERNING CITY PROPERTY LANDMARK DESIGNATIONS. REPORT RE PROPOSED CITY ADMINS. OFFICE SITE The P.C. submitted a report concerning the proposed City Admini- stration office site location recommending that the Council accept the Negative Declaration to be filed with the County. Item noted for filing with direction to the staff to file the Negative Declaration with the County. REPORT RE SIGN REQUIRE- MENTS FOR APARTMENTS & CONDOMINIUMS Report from the Planning Commission concerning the sign require- ments for apartments/condominiums was noted for filing and will be discussed after further information has been received from the P.C. CM-34-393 November 21, 1977 POLICY RE COW1ITTEE & COW1ISSION APPOINTMENTS The staff was directed to postpone the item relative to the policy for appointments to committees and commissions for scheduling on a later agenda. MATTERS INITIATED BY THE STAFF (Exec. Session re Labor Negotiations) The Assistant to the City Manager requested that the Council schedule an executive session at 7:30 p.m. on November 28th, prior to the regular meeting, for the purpose of discussing labor negotiations. MATTERS INITIATED BY THE COUNCIL (COVA Item) Cm Turner asked that the COVA item be scheduled for discussion by the Council on the next Council agenda. (Cease & Desist re chamber Letter) Cm Turner asked that the letter from the Chamber concerning the City's cease and desist order be scheduled for discussion on the agenda. The staff indicated that this item has been scheduled for Council discussion. (Discussion re Amend. to Ord. re Card Rooms) Cm Kamena asked that the staff schedule for discussion on an upcoming agenda, possible amendment of the ordinance relative to card rooms. Council concurred. (Budget Preparation) Cm Staley asked that the Council schedule a discussion relative to the preparation of the budget in terms of the process to be followed and how the Council can become more involved in policy decisions. He indicated that he is concerned with the past method whereby the Council receives a copy of the proposed budget which cannot be altered to any great extent. At present the Council can either approve or disapprove the budget and add one more policeman or police car, for example, but that's about all. It was suggested that prior to having a Council discussion, Cm Staley meet with the City Manager to find out the current process and then outline some recommendations the Council might consider, in the interest of saving Council discussion time. Council concurred. CH-34-394 November 21, 1977 (CUP Requirement for Gas Station Mini-marts) The Mayor commented that she was very distressed to see that a mini-mart was allowed at the Atlantic Richfield station when there is a grocery store on the same site. She would suggest that a CUP be required for all gas stations that are thinking of converting to a station/mini-mart, to be processed through the P.C. Gasoline sales are going down and there was a 20-30% reduction in gasoline stations over the nation last year, which means that gasoline stations will probably begin installing the mini- marts for the additional income derived from this source. The gasoline stations in the CN Zone are allowed to install these types of conveniences but the City needs to adopt a policy con- cerning this type of activity as soon as possible. Mr. Curtis explained that a CUP is required, but this particular station was there prior to the ordinance and did not have a CUP. This station is probably the only station in the City that could have a mini-mart without the CUP. The Council concurred that some type of policy should be established concerning this type of activity. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned to an executive session, Monday, November 28, at 7:30 p.m. ATTEST '-1'tL Yh %~ ..R.~ Hayor ~L y Clerk v rmore, California APPROVE Adjourned Regular Meeting of November 28, 1977 An adjourned regular meeting of the City Council of the City of Livermore was held on Monday, November 28, 1977, at 7:30 p.m. in the Municipal Court Building, Department 1, Courtroom, 39 South Livermore Avenue. The meeting immediately adjourned to an executive session to discuss labor negotiations. APPROVE Cm Dahlbacka, Turner, Staley and Mayor Tirsell Cm Kamena (seated during session) ~a..,., m %,;~ glL, ~U[~ {/Li rmor~, C~:~~fornia Present: Absent: ATTEST CM-34-395 Regular Meeting of November 28, 1977 A regular meeting of the Livermore City Council was held on November 28, 1977, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:00 p.m. with Mayor Tirsell presiding. ROLL CALL Present: Absent: Cm Dahlbacka, Kamena, Turner, Staley and ~1ayor 'firsell None PLEDGE OF ALLEGIANCE clayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. ~INUTES - 11/14/77 ON ~10TION OF 01 TURNER, SECONDED BY ~1AYOR TIRSELL AND BY UNANIl',lOUS VOTE, THE HINUTES FOR THE !,1EETING OF NOVEJl1BER 14, 1977, HERE APPROVED AS SUB~ITTED. (Cm Dahlbacka abstained due to absence at that meeting.) OPEN FORur'1 (Ordinance re Election Campaign) Gurnam Sidhu, 1533 Vancouver Way, stated that he feels the ordinance recently passed concerning election rules was more stringent than the state mandate, and he feels the City's ordinance will trap many citizens who wish to donate to a certain campaign. He asked for an exnlanation from the Council as to why such stringent rules were felt necessary. ~layor Tirsell, spoke for the Council, explaining that the ordi- nance was unanimously adopted in 1974 and has resulted in about four years of work and revision. The ordinance was designed to give as much information as possible to the voters and to let voters know the candidate's means of financial support. The candidate may accumulate up to $50 from anonymous contributions and it was felt that this would allow contibutions from people who might not wish to be listed or with numerous occupations. The comment was made that public hearings were held concerning this item, Mr. Sidhu was in the audience and made no attempt to mention the things he is now concerned about. COUNCIL DISCUSSION RE POLICY RE CO~~ITTEE & COMMISSION APPTS. (3.1) The Council had asked for the staff to schedule on the agenda discus- sion of a policy concerning committee and commission appointments. Up until this time it has been required that five members be present, a request may be made for postponement of an appointment but can be overruled by a 4/5 vote. The Council may change this method or may write a formal policy. Prior to 1974 when the state mandated that all appointments had to be made in public, there was more concern and more in-depth study of the candidates from which selections were made because selection was made during sessions not open to the public. Livermore is a small to~~ and Councilmembers feel certain questions about candidates should not be asked in public; therefore selection process has taken a slightly different posture. CJ\1-34-396 November 28, 1977 (Committee & Commission Appts.) Cm Turner indicated that he asked that this item be place on the agenda because the last time appointments were discussed he asked that the appointment to the Housing Authority Board be postponed for one week to allow him to meet Mr. Hoenig. The Council denied the request but really didn't take a vote on whether or not the appointment should be postponed. Secondly, he feels that if people are encouraged to fill out applications for consideration of appoint- ment to committees, there should be some assurance that they will be considered for that appointment. For this reason he would favor a formal policy and would suggest that reapponintments also be interviewed. Cm Staley indicated that the appointment process has worked well in the past, up until the last incident. Mrs. Donohue, one of the candidates for the Housing Authority wrote to the Council concerning this matter and Cm Staley felt the item was one of misunderstanding. Mrs. Donohue wrote to Cm Turner requesting that she be considered for appointment and somehow this was turned into an application. In his opinion this method does not differ from someone telephoning one of the Councilmembers asking that he/she be considered. Cm Staley added that he does not know Mrs. Donohue and did try to contact her by telephone, without success, but there would be a question in his mind as to whether or not she should have been appointed due to the fact that she works with a member of the Housing Authority Board. This was something her application did not reflect. Cm Turner noted that his concern was not whether applications were written or verbal but rather the fact that he was not allowed the opportunity to meet Mr. Hoenig and he felt it was not unreasonable to ask for a one week delay. Mayor Tirsell pointed out that the action taken that night was within present Council policy which included five members pre- sent and Cm Turner's request overruled by four of the members. Cm Kamena felt the policy of making appointments only when there is a full Council is very equitable; however, this sometimes does create problems. Unfortunately, in this situation, Cm Turner asked for continuance for a week when Cm Dahlbacka was not going to be present at the following meeting. Perhaps the Council could take action with four members present if the member who plans to be absent indicates his preference and defers the decision to the majority of the Council. Cm Turner offered two suggestions to be included in Council policy, as follows: 1) any Councilmember may offer a name for consideration, but have a one week delay on the appointment to allow members of the Council to interview the person under consideration; 2) P.C. members to be reappointed should be re-interviewed by the Council; 3) that openings to committees/boards be advertised on City kiosks. Cm Kamena stated that his primary concern is that anyone to be reappointed should express to the City Clerk his/her intent con- cerning reappointment. Without this information the Council could view this as having no information and can assume that the person does not wish to be reappointed or ask for a delay until that person has been queried as to interest in reappointment. Mayor Tirsell explained that previous Councilmembers have taken it upon themselves to check with the person up for reappoint- ment and this duty has been gradually shifted to the City Clerk. Perhaps this could be a directive to the City Clerk; that when there is to be reappointment she contact the individual. CM-34-397 November 28, 1977 (Committee & Commission Appts. ) After discussion the Council suggestions for inclusion in Council policy were the following: 1. One week delay on a verbal appointment by the request of a Councilmember, except when overruled by 4/5 vote. COUNCIL CONCURRED - ADOPTED. 2. Mandatory interview for P.C. reappointments. Cm Turner felt strongly that a P.C. member should be interviewed prior to reappointement and that it not be an automatic process. The position is important and he felt their past four year record should be re-evaluated. Also, the Council shouldn't pick and choose which people should be interviewed, but rather each and every person should be interviewed prior to rea~pointment. l1ayor Tirsell commented that she believes if someone hasn't voted the way a particular Councilmember prefers, the person would not get that Councilmembers vote. The P.C. is merely an advisory body and the way a particular P.C. member votes should not be held against him/her, nor should that person have to defend or recall the past four years of voting position during an interview process. The Council tries to keen a variety of opinions on the P.C. and the interview process will not reveal anything that is not reflected in P.C. minutes. NO SUPPORT FOR ~tANDATORY INTERVIEW RE P. C. REAPPOINT~1ENTS. REQUEST FOR INTERVIEW WILL BE HONORED UNLESS OVERRULED BY 4/5 VOTE. List of policy is as follows: 1. Five members must be present. 2. City Clerk will ask committees for names to be considered. 3. A verbal recommendation by a Councilmember may be postponed for one week at the request of one Councilmember but may be overruled by 4/5 vote. 4. One Councilmember nay request an interview of a P.C. reappointment but the reauest may be denied by 4/5 vote. 5. City Clerk will contact person to be reappointed to find out if he/she is interested in being reappointed. REPORT RE BUSINESS LICENS TAX - PHA~~~CISTS The Director of Finance reported that a complaint has been received from a local pharmacist concerning the interpretation of the busi- ness license ordinance pertaining to such a business and the differ- entiation between the dispensing of pharmaceuticals and ancillary merchandise, and the license fee charged in each case. The recommendation from the Finance Director is that pharmacists be deleted from the list of professions in Section 12.23.3 because their principal activity is invariably the sale of a product at retail, rather than the performance of a service. CH STALEY HOVED TO SUPPORT THE RECOH~1ENDATION OF THE FINANCE DIRECTOR, SECONDED BY CM TURNER. It was mentioned that when this matter was discussed, the Finance Director was given discretionary authority to define what the principal activity is for a particular business or profession, and was so worded relative to Section 12.23.3. CH-34-398 November 28, 1977 (Business License Tax) If the business is considered retail they would be charged at a rate of 80~ per $1,000 gross revenue; if, however, it is con- sidered in the professional category it would be taxed at $1.60 per $1,000 gross revenue. Flexibility was provided to allow a merchant to say that a certain amount of revenue was derived professionally and should be taxed at $1.60 per $1,000 and a certain amount was derived from retail sources which would be taxed at 80~ per $1,000. It was pointed out that the complaint from the pharmacy involved seems to be that a pharmacy located in a large retail store, such as Longs, can escape the tax for professional services because it accounts for less than 20% of the business conducted in that store. In this particular case, the Murrieta Pharmacy's only service is dispensing drugs. They do not have retail sales and they feel they are being discriminated against because they are the only pharmacy paying the $1.60 per $1,000. Discussion followed concerning the suggestion to delete profes- sional services from that section, as suggested by the Finance Director, and it was felt that gradually many professional ser- vices would begin requesting that they also be exempt and eventually that area would be destroyed. It was also mentioned that a professional is a professional, re- gardless of whether or not something crosses the counter. A professional has had special training to provide a specific service and a pharmacist is no different than a dentist who specializes in orthodontia. The comment was made that when the ordinance was prepared the intent was that it would be equitable. It would seem that in order to be fair all pharmacies, whether or not they are located in a large retail store, should pay the professional rate, or to exempt those pharmacies not located in retail stores. In conclusion it was felt that the provision in the ordinance which requires $1.60 per $1,000 for professional services is reasonable and if that establishment can prove that a certain percentage of the business is retail, this portion can be taxed at 80~ per $1,000, and is the equitable method of assessing the business license tax. No change would be made to the ordinance if the Council agrees with this philosophy. MOTION WITHDRAWN. The City Manager asked if he is correct in understanding that the Council is asking the City to tax all establishments who dispense pharmaceuticals at $1.60, with separate books showing the retail services which can be taxed at 80~ per $1,000. The Council indicated that this is correct. At present, the pharmacy at Longs is paying 80~ per $1,000 because more than 80% of the business from that establishment comes from retail services, and this is not equitable. The pharmacy portion of the store should be paying $1.60 per $1,000. The Finance Director indicated that he understands the direction given to him by the Council. CM-34-399 November 28, 1977 REPORT RE VEHICLE BIDS The bid results for the automotive equipment with summary and recom- mendation from the Purchasing Department were submitted to the Council for review. There was Council discussion concerning the two sedans for the Fire Department, which is recommended for purchase through Cooper Motors, low bidder, as the local bidder should be given preference and there is a cost to the City in taking the cars out-of-town for service by the dealer. The City Attorney explained that the City is bound by state law and by case law to go to the low bidder and a 5% local preference is the maximum deviation allowed. The Council suggestion was that in the future perhaps the cost for pickup of the vehicle for service could be included in the bid so that this hidden cost is revealed. In the long run the higher local bid might be the lowest when the cost of taking the car for service is considered. ON MOTION OF CH DAHLBACKA, SECONDED BY CM KAHENA AND BY UNAND10US VOTE, THE BIDS FOR VEHICLES WERE AWARDED TO THE LOW BIDDERS, AS RECO~1MENDED BY THE PURCHASING DEPARTHENT. RESOLUTION NO. 272-77 A RESOLUTION AWARDING BID (Automotive) Equipment (4 dealers) Cooper Motor Company Dunn Chevrolet, Inc. Codiroli Ford Codiroli Ford (2) 4-Door Compact Sedans (1) 3/4 Ton Pickup Truck (1) 1/2 Ton Pickup Truck (1) Sub-Compact Pickup DISCUSSION RE CITY PARTICIPATION IN COVA em Kamena, representative to CaVA, explained that VCSD has asked to withdraw from that agency, which will mean the withdrawal of two agencies. COVA has asked that he bring this item to the Council's attention with the request that the Council discuss the matter to determine whether or not the City wishes to continue participation with COVA, and if not to allow COVA to meet one more time to deter- minE disbursement of COVA funds. Cm Kamena noted that the funds that ',-lent to COVA from the City and were to be passed to the Valley Volunteer Bureau, have been received by the Valley Volunteer Bureau, so these funds would not be con- sidered as part of the funds to be reapportioned. C1 TURNER T\lOVED TO DIRECT THE CITY'S DELEGATE TO ASK FOR A SETTLEI1ENT OF THE ESTATE TO DIVIDE THE REr'1AINING FUNDS A'l.ONG THE REMAINING SIG- NATORIES, AND TO FOR'1ALLY NITHDRAI-J FRm1 COVA. '10TION SECONDED BY C!1 KAI1ENA. 01 KA~1ENA HOVED TO Al1END THE MOTION TO DIRECT THE CITY TO CONTACT THE ATTORNEY FROM VCSD TO DISCUSS THE LEGAL FOR WITHDRANAL SO THAT IT CAN BE DONE SIHULTANEOUSLY. SECONDED BY C~ TURNER. ATTORNEY MECHANISH A~1El~Dt1ElJT The Council expressed disappointment over the dissolution of COVA but when two of the five signatory agencies withdraw it tends to strip the overall scope of the issues of Valley-wide nature that could be discussed. The comment was made that COVA did serve a purpose in uniting the Valley communities and prior to its being those communities did not recognize one another. It has been four years since the demise CH-34-400 November 28, 1977 (Participation in COVAl of the Valley Planning Committee and the beginning of COVA and the Valley has accomplished a lot through COVA. It seems that there is no cause at this particular time and even though COVA will be dissolved the Valley communities have learned to work together. The fact that there is a County supervisor supporting and taking an interest in the Valley has taken a very large burden from the shoulders of the political figures in the Valley. Perhaps it should be viewed that COVA did not fail but rather it succeeded in opening communications between the County and other agencies and the Valley. If this vehicle is no longer needed, so be it. M1ENDMENT PASSED BY UNANIMOUS VOTE. MAIN MOTION PASSED BY UNANIMOUS VOTE. APPOINTMENTS Prior to selection of a member to the Housing Authority Board the City Attorney commented that there is a requirement that the tenant member be 62 years of age. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, MRS. ECKLUND WAS APPOINTED TO THE HOUSING AUTHORITY BOARD. At the request of Cm Dahlbacka the appointment to the Energy Committee was postponed for one week to allow him to meet with an applicant. CHARLES BROWN, JOHN KEREKES AND THOHAS BATZER WERE NOMINATED TO THE AIRPORT ADVISORY COHr--UTTEE. At the request of Cm Kamena, the appointments to the Airport Advisory Committee were postponed for one week to allow mem- bers of the Council to meet Thomas Batzer. Cm Turner stated that for the record he would like to say that he has nominated Charlie Brown because he has been a user of the airport, is a businessman in town, and has indi- cated an interest in the airport in the past. Members of the Airport Advisory Committee know of him and feel he would be a good choice for an appointment to the Board. ON MOTION OF MAYOR TIRSELL, SECONDED BY C!1 TURNER AND BY UNANIMOUS VOTE, MR. CHAPA WAS SELECTED TO SERVE ON THE SOCIAL CONCERNS COTvl~UTTEE. The consensus of the Council was to formally disband the Community Affairs Committee and asked the City Clerk to notify those members indicating that if they have concerns they may be expressed to the Council. ON MOTION OF CM DAHLBACKA, SECONDED BY C~1 STALEY AND BY UNANIMOUS VOTE, MARK CSICSERY WAS APPOINTED TO THE TRANS- PORTATION COH.MITTEE, AS A STUDENT REPRESENTATIVE. It was the recommendation of the Noise Abatement Committee that Mr. Freynik be appointed to the Committee but CM KAMENA MOVED THAT HE NOT BE APPOINTED TO THE NOISE ABATEl\1ENT COH;.UT- TEE. MOTION SECONDED BY CM TURNER AND PASSED 3-2 (Cm Dahlbacka and Mayor Tirsell dissenting). C\1-34-40l November 28, 1977 ~lOTION RE CONSENT C.ALENDAR Payroll & Claims There ,'lere 98 claims in the amount of $31,029.76, dated 11/18/77, and approved by the City Manager. CM DAHLBACKA HOVED TO ADOPT THE CONSEHT CALENDAR, SECONDED BY CM STALEY. C!'-1 TURNER HOVED TO A"1END THE ~mTION TO REJ\10VE THE FIRST ITEM CONCERNING THE RESOLUTION DENYING THE CUP FOR STATEWIDE REALTY BECAUSE SOMEONE FROM THE AUDIENCE IS PRESENT TO SPEAK ON THAT ITEH. AHENDr4ENT SECONDED BY CH STALEY WHICH PASSED BY UNANPl.OUS vote. DISCUSSION RE RESO. RE STATEWIDE REALTY Ray Seibert, from Statewide Realty asked if the Council would reconsider the resolution denying his request for a CUP to allow him to locate his real estate office in the shopping center on East Avenue. The owner of the shopping center would like the real estate office to locate there and he intends to send a letter informing the Council of this. Letters were also received from Harold Hadcock, John Rogers, and Arley Turner supporting the request for reconsideration. The Mayor explained that unless there is a motion from a member who voted on the prevailing side asking for reconsideration, the matter is closed. No motion offered. The City Clerk was asked to send a copy of the resolution to the owner of the shopping center. RESOLUTION NO. 273-77 A RESOLUTION DENYING A CONDITIONAL USE PERMIT (Statewide Realty) MOTION TO ADOPT CONSENT CALENDAR PASSED BY UNANIMOUS VOTE AND RESOLUTION RELATIVE TO CUP FOR STATEWIDE REALTY WAS INCLUDED. T.1ATTERS INITIATED BY THE COUNCIL (Mitra St. Bike Trail) Cm Turner commended the Engineering Department for rapidly responding to the Mitra bicycle problem with corrective measures and asked if the curb is to be painted red. Mr. Lee indicated that it will be. Cm Turner stated that he would like some way of letting children know that there is a bike trail for their use and it was mentioned that perhaps the bike trail arrows could be posted. CJI.1-34-402 November 28, 1977 (Census) Cm Staley commented that as he recalls the state was asked to conduct a recount of the population in Livermore, which had something to do with taxes. Mr. Parness stated that he vaguely recalls that the City demanded a recount but during the recount it was determined that the City actually had less population than was previously estimated by the state, and the recount was eliminated. It was mentioned that the point of the recount was that Oakland would gain and Livermore would lose, relative to funding pur- poses. (rioliday Decorations) Cm Staley asked when the holiday decorations ~.'ill np disnla"p~ around town, and ~1.r. Parness stated that they will be put up this week. (Soc. Concerns Committee i'-1eet ing ) Mayor Tirsell announced that the Social Concerns Committee has requested that the Council meet with the~.~~..J*~~ ~ next Honday even~g ~Y~JJ~~~~ftirection as tQXpri rJ.'lJ.es and pro- cedures r9~ ~ ~arn~ which will be received for the Hulti-Service Center. Council concurred. PROPOSED AJ1END. TO ~1UNI. CODE RE BICYCLES The City Attorney was asked if there is a reason to formalize all of the amendments concerning the ordinance relative to bicycles and he explained that the existing ordinance covers the bicycle regulations fairly comprehensively. Unfortunately, the state has set up regulations early this year that were in conflict with a number of the City's regulations. It was incumbent upon the City to bring regulations into conformance or drop certain regulations. The staff decided that it would be best to drop those sections in conflict with the state. Concern was expressed that this would involve a lot of adminis- tration and policing. The City Attorney explained that the Police Department and the Fire Department have been administering the regulations on a routine basis. Records are being kept by the Police Depart- ment and are so required by the state. The Police Department does not have a system of cross-referencing recovered bicycles, and this is something that should be implemented. It was the consensus of the Council to use this time as a work- shoo for discussion of the ordinance and then ask the staff to come back with the item for first reading. The Council reviewed each section, making the following changes: Cf1-34-403 November 28, 1977 (Muni Code re Bicycles) 5A.4 - Penalty for violating chapter, should include some means of involving the parent. 5A.5 - Riding on sidewalks and playgrounds, (c) should be clarified to indicate that children may not ride on playground, etc., during supervised use. 5A.16 - Daily report of sales required - the staff was asked to check with the Police Department to find out what the daily reporting has been and if this method is effective. 5A.18 - Requirements imposed on rental agencies - the Council felt there should be some justification prior to adopting this section relative to bicycle license plates for rentals. 5A.31 - Use of bicycle paths or lanes - the City Attorney noted that "bicycles" does includes mopeds where the bike lane is adjacent to a roadway. Where the bike lane is not adjacent to a roadway, the City has the option to limit them and the City has elected to prohibit them. The City Attorney was asked to reference mopeds in this section. 5A.32 - Direction of travel - the portion after the comma in that paragraph should be set aside and noted as the exception and not Council policy to establish. Wording clarification would be helpful. The City Attorney lvas asked to reviel" the changes the Council \"ould like to see, revieH the changes recommended by the Livermore Bikeways Association, and come back to the Council with a revised copy of the proposed ordinance amendments for first reading. CITY MANAGER STATUS REPORT Use of Radar Prior to using radar for the detection of traffic speed, it is required that streets using the radar be surveyed periodically. This is a matter that is very time consuming and he is happy to report that all of the major streets in the City have been surveyed. ~'later/Sewage Connec- ~ion Agreement - HEXCEL The City is in the process of negotiating a water/sewage connection agreement with HEXCEL and the City may soon be discussing with that company the expansion of '1ines Road, which is someehing the Council may wish to keep in mind. Fourth/College Intersection The intersection of Fourth/College is being planned for redesign and has been forwarded to the state for approval. It is anticipa- ted that the state will be responding very soon. C'I-34-404 November 28, 1977 Second/ilL" Street Traffic Signal The design for the Second/"L" Street traffic signal has been completed and is being prepared for bidding purposes. The item will come to the Council around the first part of January for bid solicitation approval. Resurfacing Bids will be going out for resurfacing projects which will be done the first part of the next fiscal year and will include resurfacing of "L" Street, from Fifth Street to College Avenue; and Livermore Avenue from East Avenue to the library. Personnel The Personnel Department has been very busy and there are 11 classifications for which tests are being given. Miscellaneous The Civic Center irrigation system is 90% complete; the Ancestral Tree survey is complete; one of the kiosks have been constructed and will be located in the Penney's shopping area. The holiday decorations will be installed this week and that committee has slightly exceeded its budget. They have enough funds to provide 75 decorations instead of the anticipated 100 and needed an additional $50 to provide 100 decorations. Mr. Parness took the liberty to tell them to go ahead with the 100 decorations. BART t1eeting The City Manager attended a BART meeting to find out what their reaction was to the City's application for money to purchase additional acreage for a transportation site. The joint committee consisted of 8 members of the 9 member BART Board. The value of the additional 12 acres is in excess of $1 million and BART representatives have indicated that they will not recommend participation because they do not have the money and they feel it would be setting a bad precedent. He was told that he could appeal the matter and this is the reason he attended the recent meeting. Mr. Parness displayed charts and maps and made an oral presen- tation as to why the City feels this is reasonable planning and the likelihood of losing the property to commercial interests, if it is not bought. Mr. Allen, our representative, did excuse himself on the advise of Counsel because he works for S.P. and some of the property is under their ownership. The results of the hearing were not favorable but there was a significant gain relative to a supplementary application to MTC for an additional $300,000 to finish purchasing the property immediately to the west of this 12 acres. CH-34-405 NovembEr 28, 1977 (Bart >'1eeting) fIr. Herringer and his Associate stated at the hearing that they supported the City's original annlication for the initial grant and they intend to support the application for supnlementary funds. Parking ~\lr. Parness !las been meeting vli th thE:; Parking Committee for the past four or five months and has been urging that they give the City som? recommendation as to what they would like done. Unfortunately the newspapers made a story of this item with the inference that it was the City 'lanager I s suggestion and this is not true. This is not a City enterorise at all, the City is working for the Chamber and ;,ould like to knO\l if they w~)Uld like to see a study, and what type of information they v-Tould like to have gathered. The Committee has decided on a parking plan for the east portion of the downtown area and cost estimates are being made at this time as are facts concerning a possible assessment district financ- ing method. The Committee is very enthusiastic about the decision to time limit the Herchant's parking lot and the hearing on this item has been scheduled for next Monday evening. ~dministration Bldg. The City Administration Building is coming to the final stages of design and the Council has reviewed the architectural design and the floor plan layout but there is one feature that needs to be discussed, \\Thich is the Council Chamber. The architect has been asked to prepare a floor plan layout and a cross section plan and elevation which will be presented to the Council for review and approval. ADJOURNHENT There being no further business to come before the Council, the meeting was adjourned at 11:28 p.m. to a 7:00 p.m. meeting on Honday, December 7, 1977. APPROVE ~Jk>, m ~'..(J 0 () J ~-1a or n/J c.J ~ll/ ATTEST __L~14.. . _ ''i!~ ~__glerk ore, California Cl-34-406 Regular Meeting of December 5, 1977 A regular meeting of the Livermore City Council was held on December 5, 1977, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:00 p.m. with Mayor Tirsell presiding. ROLL CALL Present: Cm Dahlbacka, Kamena, Turner and Mayor Tirsell Absent: Cm Staley (excused - business) Seated Later PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. OPEN FORUM (El Dorado Motel Sign Appeal) Ken Patel, 2021 Portola Avenue, stated that on behalf of Mr. L.B. Patel, owner of the El Dorado Motel, he would like to request a delay of the Council hearing concerning his appeal to the Council relative to the sign for the motel. Mr. L.B. Patel will be out of the Country at the time the hear- ing has been scheduled, he is leaving in the morning and would like a 90 day delay on the hearing. Mayor Tirsell explained that it is Council policy not to act on an item brought up during open forum; however, if there is a motion to suspend Council rules to allow discussion of the item because of an emergency nature, the item can be discussed. ON MOTION OF CM KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE COUNCIL RULES WERE SUSPENDED TO ALLOW DISCUSSION OF AN ITEM NOT LISTED ON THE AGENDA, BECAUSE OF AN EMERGENCY. The City Attorney explained that the sign in question is non- conforming, the applicant applied for a CUP to allow the sign which was denied by the P.C. and has been appealed to the Council. The applicant may ask to waive rights under the appeal period and the matter will remain pending until such time as is mutually agreed upon. By requesting the 90 day delay they have waived the rights. ON MOTION OF CM KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE HEARING WILL BE DELAYED FOR 90 DAYS OR UNTIL SUCH TIME THE APPLICANT RETURNS TO THIS COUNTRY, WHICHEVER COMES FIRST. MOTION TO RE- ORGANIZE AGENDA Mayor Tirsell noted that there are people in the audience who have come to speak on the second and third scheduled public hearings and it might be best to reorganize the agenda to allow these items first. ON MOTION OF MAYOR TIRSELL, SECONDED BY CM KAMENA AND BY UNANI- MOUS VOTE, THE RULES WERE SUSPENDED ALLOWING REORGANIZATION OF THE AGENDA. CM-34-407 December 5, 1977 P.H. RE SIDEWALK INSTALLATION (Fenton Street & Murrieta Blvd.) A public hearing has been scheduled for the purpose of receiving testi- mony from the property owners who may be affected by the City's inten- tion to install a sidewalk along the westerly side of Fenton Street. A letter has been received from Charlotte Severin representing Arroyo Properties, requesting that the City delay the requirement for side- walk installation until the plan of development for that property, which is in the process of being sold, is firm. It is anticipated that this will be accomplished within the next six months. The reason for the request for delay is because at this time it is not known whether there will be a parking lot on the property with two driveways, or a building with one auto access, and the owners feel it would be a mistake to require sidewalk installation when portions may have to be removed in a matter of months. The staff recommendation is that although sale of a portion of the property appears eminent, such has not been concluded nor is there assurance as to when the succeeding owner would proceed with develop- ment. Installation of driveway cuts is not a major physical change and it is recommended that the Council adopt a motion overruling protests and direct the Public Works Director to proceed. The City Attorney was asked to respond to the question that if the Council allows a delay and no development takes place on the property, would this do anything to the City's legal position with respect to being assured that the work would be done? The City Attorney felt that an extension of six months would be excessive because during that time there could be transfers of ownership that would affect legal title to the property and therefore the burden of the sidewalk assessment. If the Council wishes to defer any type of action, he would recommend starting the procedure from the beginning once again. The City Attorney was asked if the notice of intent to install the sidewalk has been recorded against the property and he indicated that recording takes place at the time the assessment is levied, and this becomes a lien against the property after the work has been done. Mr. Parness indicated that the reason this matter came about was the result of a request by the people living in the retirement home on Fenton who use the sidewalk; however, it is City policy that after 50% of the block has been developed the sidewalk must be installed along those properties remaining undeveloped. Charlotte Severin, 1058 Murrieta Boulevard, stated that on behalf of the property owners of parcel 97-86-8, she would like to make their position clear. They are not opposed to the installation of a sidewalk but rather that they might be placed in the wrong place because of the necessity for a driveway or driveways for access to the property. Trees will also be installed in the side- walk area and it would seem logical to wait until the plan for development has been finalized prior to taking action concerning sidewalk installation. The property will be sold very soon and the prospective buyers plan immediate development. It would be fair to ask for a one year delay to allow the new owners to come to the City with the site plan. Also, the resident of Vin- wood Lodge who requested sidewalk installation has sent a letter to the Council indicating that she would not object to a delay to accom- modate the sellers and the buyers of the property. CM-34-408 December 5, 1977 (P.H. re Sidewalk Installation) Geraldine Donaldson, 1038 Murrieta Boulevard, stated that she is one of the owners of the property in question and Ms. Severin has spoken very clearly to the feelings of the property owners about this matter. There are prospective buyers who are very interested in obtaining the property, and are conducting a feasibility study at this time and the owners would appreciate a delay of the side- walk installation. Morrow H. Smith, engineer, stated that he is not a realtor or a principal of the properties. There are two groups interested in the property and a study is underway for the highest and best use of that property. Depending upon the use, various compliances must be met, including County and City demands which must be met before any of the possibilities can be developed. If sidewalks and curbs were placed around the property it would create a burden because they would have to be removed at a later date. The owners would request a one year delay to carry out the sale and develop a site plan. Mr. Smith was asked if the prospective buyers would be willing to agree to a sidewalk installation at a later date and he indi- cated that they would, but after plans for the site have been agreed upon. R. Faltings, 1018 Via Granada, was interested in what responsibility the City has, legally, for injuries that might be sustained in the area in which no sidewalk exists. The City Attorney explained that until the property is dedicated to the City in an improved condition, it remains private property. The City really has no liability where a sidewalk or other public improvement has not been constructed. Mr. Lee was asked if the City would have proceeded with the require- ment for sidewalk installation if Mrs. Beach had not made the re- quest and he indicated that this was brought to the attention of the City by Mrs. Beach but there has been concern expressed about the sidewalks in the area prior to this time. Mr. Lee indicated, in response to Council questions, that the area has been 50% complete for about three years, with the development of the new PG&E office located on the corner of Fenton and Murrieta. If there is to be a driveway section the concrete would be a dif- ferent mix than that used for a sidewalk, as it must be stronger. From the staff's point of view there is no way of knowing whether development will take place within the next year or another five years and once proceedings have begun they really prefer to carry through with the plans for installation. Mr. Lee explained, for clarification, that it is a state law that allows the City to require installation of sidewalks after 50% of the block has been developed with sidewalks, curbs and gutters. CM TURNER MOVED TO GRANT A DELAY OF ONE YEAR, AS REQUESTED BY THE APPLICANTS. MOTION FAILED FOR LACK OF A SECOND. CM TURNER MOVED TO GRANT A DELAY OF SIX MONTHS, SECONDED BY CM KAMENA. It was explained by the City Attorney that if the Council grants a delay the entire process will start over, including notices, public hearing, etc., even if ownership does not change. CM-34-409 December 5, 1977 (P.H. re Sidewalk Installation) The suggestion was made that rather than to begin the process later, perhaps the Council could request that physical improvements begin in 90 days. Council discussion involved whether or not the sidewalk is needed at this time for the residents of Vinewood Lodge, as they are the people who were concerned. The City has often granted delays for items such as this if the need was not pressing. The City Attorney indicated that the Council may adopt a motion overruling protests and directing the staff to proceed with direction that they try to accommodate the owners, which would eliminate the need to begin the entire proceedings. MOTION WITHDRAWN. CM DAHLBACKA MOVED TO OVERRULE PROTESTS AND DIRECT THE PUBLIC WORKS DIRECTOR TO PROCEED, WITH RESOLUTION TO APPEAR AS CONSENT CALENDAR ITEM NEXT WEEK. MOTION SECONDED BY CM KAMENA WHICH PASSED BY UNANIMOUS VOTE. CM STALEY MOVED TO DIRECT THE STAFF TO DELAY IMPLEMENTATION OF THE RESOLUTION UNTIL MAY 1, 1978. MOTION SECONDED BY CM KAMENA. The City Attorney commented that he would prefer stating the motion to direct the staff to cooperate with the owners of the property to the greatest extent possible, rather than to set a specific date, because this could be a problem in the event of property ownership tranfer, etc. Actually, the Council is trying to reach a compromise which really is not possible. He would prefer that the Council do nothing and begin proceedings later. MOTION PASSED BY UNANIMOUS VOTE. Murrieta Sidewalk The Council then discussed the requirement for the sidewalk instal- lation along Murrieta Boulevard just east of the driveway to the back of the hospital, adjacent to the Sweedler property. Ed Clark, representative of the owners of the property at 1134 Murrieta Boulevard, stated that it is their intention to build on the property in the immediate future. They have commissioned an architect who has drawn up the preliminary design for develop- ment of the property. He has spoken with Mr. Lee who requested that the architect send a letter to the City with information as to the progress and he would assume that this has been done. The owners would prefer that they are not encumbered with the requirement for sidewalk installation until the building has been developed. It is anticipated that they will be corning into the City for a building permit within the next month. Mr. Lee indicated that if a building permit is obtained for that property the City would not proceed with installation of side- walks. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. ON MOTION OF CM KAMENA, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, PROTESTS WERE OVERRULED, WITH DIRECTION TO THE PUBLIC WORKS DIRECTOR TO PROCEED. (Cm Staley abstained due to an interest conflict) CM-34-4l0 December 5, 1977 (Murrieta Sidewalk) ON MOTION OF CM KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE STAFF WAS DIRECTED TO DELAY ANY PHYSICAL IMPROVEMENTS FOR 90 DAYS. (Cm Staley abstained.) PUBLIC HEARING RE LIMITED PARKING FOR MERCHANTS PARKING LOT The City Manager reported that the merchants committee studying the off-street parking plan for a portion of the CBD have sug- gested a two hour parking limit for the existing Merchants' Parking Lot. A public hearing has been scheduled to hear testimony on this proposal and all merchants subject to the payment of the busi- ness license surcharge for the lot have been notified. The staff recommendation is to adopt a resolution imposing the two hour parking limit time zone on the subject lot. The City Manager reported that he did receive a request from the County to delay action this evening to implement the two hour parking time limit because they have not had sufficient time to determine the effect on their use of the lot and building. It might be advisable to hear the public testimony on the matter but delay adoption of the resolution pending com- ment from the County. Mr. Parness stated that in speaking with the judge concerning how the two hour limit might affect people visiting the court, he indicated that it would only cause a problem when there is a jury trial. Mr. Parness indicated that perhaps there could be some way to flag the vehicles owned by the jurors so they could stay longer than the two hours. Mr. Parness added that there were about 15 committee members present at the time the two hour limit was recommended and which received a unanimous vote. There are about 100 merchants in the surcharge area, and they were asked by the committee mem- bers if they would object or favor the time limit prior to voting on the item. Mayor Tirsell opened the public hearing for the purpose of re- ceiving public testimony. Mel Luna, 2190 First Street, stated that there were 15 merchants at the meeting and 15 votes in favor of the recommendation and he felt those 15 represented the 100 merchants. If there was stong opposition they would be at this meeting to testify against the two hour parking. To his knowledge there were only five or six merchants opposed to this recommendation. A representative of the beauty college commented that most of their patrons are at the beauty college for more than two hours so they would be opposed to the two hour limit. John Regan, commented that just before he came to the meeting he received a telephone call from the Real Estate Department of the County of Alameda. They would like a delay because they were not able to send a representative to speak at the public hearing. CM-34-4ll December 5, 1977 (P.H. re Merchant's Parking Lot) Hr. Regan added that he indicated to the County that he would ask for a continuance and would also offer testimony in protest of the proposal. He stated that he is personally opposed to the proposal because of the use by his customers and his employees and he also feels that if there is a time limit for the Merchants' Parking Lot, people will begin park- ing near the County building and that area will have to be patrolled. Lastly, if the two hour parking is implemented the parking for delivery trucks directly behind the First Street stores will have to be eliminate, There also will be no extension of the lease in June or July. He would suggest that nothing be done until it is determined what plans the rail- road has for the property. Mr. Regan was asked if he would object to the proposal if 37% of the lot (the lease amount contributed by the County) were reserved for County use and the remainder of the lot had a two hour limit, and he indicated that this might be one compromise but this would be something the County would have to agree to. He stated that he is present to defend the tenants of his buildings and adjacent parking lot. CM KAMENA MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY CM STALEY. There was discussion as to whether or not the public should remain open and it was noted that the County will probably testify in writ- ing and if anyone does wish to testify at a later date the public hearing could be reopened. Mel Luna commented that if the merchants can't get people to use the parking lot with the two hour limit then there is no reason for the City to proceed with acquisition. He feels that if people want to park someplace all day the City should purchase property for that purpose. At present the merchants feel they should not be paying for something their customers can't use, and the reason they can't use the lot is because of the vehicles there all day. MOTION PASSED BY UNANIMOUS VOTE. CM STALEY MOVED TO ADOPT THE RECOMMENDATION TO IMPLEMENT THE TWO HOUR PARKING FOR THE MERCHANTS' PARKING LOT. MOTION SECONDED BY CM KAMENA. Discussion followed concerning the motion and the following items were mentioned: 1) the Christmas season is here and a turn over of parking is needed; 2) this would be a good chance to find out if the parking limitation works well; 3) the intent of the parking facilities is not to provide all day parking; 4) people should be given some type of warning that tickets would be given for exceeding the two hours, after a certain date; 5) perhaps a time limit should be implemented on a trial basis, with final determination to be made at a later time. CM DAHLBACKA MOVED TO AMEND THE MOTION TO ASK FOR A STAFF REPORT TO BE SUBMITTED TO THE COUNCIL IN 90 DAYS, AND TO DIRECT THE STAFF TO WORK WITH THE COUNTY TO PROVIDE FOR THEIR LONG TERM PARKING NEEDS IN THE MUNICIPAL LOT. AMENDMENT SECONDED BY CM TURNER. The report should include information on the utilization of the lot, enforcement problems, and complaints from merchants. AMENDMENT AND MAIN MOTION PASSED BY UNANI~10US VOTE. RESOLUTION NO. 274-77 A RESOLUTION AMENDING RESOLUTION NO. 129-72, AS AMENDED, RELATING TO LIMITED PARKING ZONES, BY THE ADDITION OF A TWO-HOUR LIMITED PARKING ZONE, TO WIT, MERCHANT'S PARKING LOT, CITY OF LIVERMORE, FOR A NINETY-DAY TRIAL PERIOD. CM-34-4l2 December 5, 1977 RECESS Mayor Tirsell called for a brief recess after which the Council meeting resumed with all members present. PUBLIC HEARING RE AMEND. TO LIV. GEN. PLAN RE CBD AREA Mayor Tirsell explained that one of the Councilmembers has re- quested a study session concerning the amendment to the General Plan for the Central Area of the City. The Planning Director explained the area of consideration which is bounded by Fifth Street and Chateau, Murrieta Boulevard and the First Street overpass. He noted that during the discussion of this item there were three protests relative to the following: l) office designation (west of the S.P. Shopping Center); 2) zero setback for Railroad Avenue between "P" and "L"; and 3) pedestrian treatment in the area. Mr. Lee stated that the P.C. recommendations are as follows: 1) Railroad Avenue be maintained as a commercial road, not to exceed the dimensions of a collector street; 2) that the area between "L" and Maple be the width of a collector street working with the existing right-of-way. Mr. Lee reviewed the three alternatives discussed with the P.C. 1) continue the 80 ft. right-of-way the length of Railroad Ave. 2) The P.C. recommended that there be an interim plan in the event there is piecemeal development; that development be adjacent to the street and center section be 72 ft. in width. At some later date this could be converted to a mall. At that time the street would be terminated with a cul-de-sac at each end. 3) variation of the 72 ft. right-of-way in the area described by Mr. Lee on the map. Mr. Lee commented that his recommendation was for the 88 ft. width without any median. His recommendation was based on the amount of traffic anticipated in the future for the street from the standpoint of vehicle and bicycle traffic. He added that the plan proposed by the P.C. does not provide for any increase of traffic in the future which will be necessary if Isabel Avenue is extended and vehicles begin traveling down First Street and Stanley Boulevard to Isabel. The idea for a pedestrian mall is excellent but this would not be practical in view of the anticipated additional traffic through Liver- more in the future. The P.C. recommendation the area between Maple and "L" is for a 72 ft. width. The present width is 90 ft. with the roadway width 66 ft. If the width is reduced as recommended it would mean destruction of a lot of curb and gutters that already exist. If Railroad Avenue is closed or width reduced in some areas it will place a tremendous burden on the downtown area circulation. It is the desire of the P.C., and is shown in the plans, not to develop adjacent to the road, but plans have been included showing circulation that could be used if the buildings were set back. Mr. Nies commented that the Council should decide whether or not Railroad will be treated as a collector street or major street and whether the area between "P" and "L" will be a pedestrian area or remain open to vehicles. CM-34-4l3 December 5, 1977 (P.H. re CBD Area) It was felt that it might be helpful if the City could take a count of vehicles at "M" Street, which would be the center of the area being discussed. Mr. Gorland was asked to contact other businesses who have developed at zero setbacks to find out if they have received complaints from customers or if they would have an opinion to offer that might be of assistance in determining whether or not there should be some type of setback required. Mr. Gorland felt that it would be difficult to find a situation S1m1- lar to this, to get a fair evaluation of the matter. Most businesses in a small area do not have parking behind their store but in places like Walnut Creek where the commercial area is large the parking pro- visions can be different. Council concurred with the recommendation to obtain some type of information from businesses in Walnut Creek with no setback. Mayor Tirsell opened the public hearing for receipt of public testimony on this item. John Shirley, owner of property at 2494 Railroad Avenue, stated that he would like to see plans for maintaining Railroad Avenue with the same design as the area between "s" and "P". He feels the property owners and the citizens would be done an injustice if the north/east portion of Railroad Avenue were closed. He feels the creation of a pedestrian mall would be disruptive to the important loop system for the central business district area. Dan Hanesworth, representative of the S.P. Development Company, indicated that they would be opposed to the proposed plan for the central business district because it would restrict uses for the area. They would like to see the highest and best uses for the area with each project evaluated at the time plans are submitted. Bill Zagotta, 5155 Lillian Court, stated that there is not a hardware store available east of "P" Street, the two major grocery stores are west of "P" Street, and the bowling alley and theatre are west of "L" Street. It's not surprising, therefor, that there is a high volume of traffic in those areas. with the extension of Mines Road, Concannon Boulevard and Isabel Avenue the traffic load in the downtown area should be reduced and at this time the question is whether or not Railroad Avenue will remain open, not how wide it should be. He feels that while the traffic count is interesting now it should be looked at very closely in light of what the traffic pattern would be with a properly balanced town. If the street is going to remain open then it should be developed as a major street. He would agree that the loop system for the traffic is an attractive feature. He added that he feels a north/south mall arrangement has some advantages but if the street is 104 ft. wide it will mean a definite separation of the two shopping areas. Walter Ng, 2435 Longview Drive, San Leandro, stated that the property owned by him is known as the "brick yard" and used to be between the two railroads. At the time of the railroad track removal, he was the major property owner and motivator of this project. His property suffered the highest assessment of the assessment district, because it was zoned commercial at the time. The property immediately adjacent had the lowest assessment. As soon as the railroad tracks were removed the owners developed a project for the construction of a shopping center. Last December they were ready to obtain permits for this development and the City requested that they sell 1.7 acres to the City for the BART station. They CH-34-4l4 December 5, 1977 (P.H. re CBD Area) agreed to this but it meant a change of plans because of the resulting change in the nature of the land, and they had to start from the beginning. They are about ready to consumate a commercial project and it appears that the property may be down zoned to office space. Mr. Ng stated that there is already an excess of office space in the City, which has been done by the P.C. - 50,000 sq. ft. of unrented office space available. He feels it is unreasonable to suggest that his property be zoned for office use rather than com- mercial. If the property is rezoned for office use they will not be able to pay the assessment which is for commercial. Mr. Lee was asked if the City was aware of the plans for develop- ment last December, and he indicated that he did discuss the plans with the people who wanted to develop. Mr. Gorland commented that this item came up just as the previous Planning Director left the City, and there was some discussion relative to potential development of a super market in this area. One of the problems at that time was the fact that S.P. still owned the frontage to the property. Mr. Nies was asked to report on the square footage of commercial property available in the City since the amount of un rented office space was reported. Mr. Nies indicated that a study of this was done recently and he will report back to the Council with the figure. The comment was made that there may not be a relationship between undeveloped commercial property available and already developed office space. It was explained that the available commercial property is anticipated for development within the next few years. Mr. Gorland mentioned that there is a lot of commercial property which is undeveloped at this time and the problem is that much of it is owned by S.P., who will not sell but will develop and lease with retention of ownership. During the past three or four months he has had 7-8 different firms interested in develop- ing land if it were available in the downtown area. They did not want to be a tenant of S.P. or anyone else, as a matter of corporate policy. Mr. Hanesworth indicated that S.P. would like nothing more than to see that property developed and they would be willing to discuss development with any store that showed real interest in locating in Livermore. He would agree that there may have been inquiries but those he has seen have shown undefined, unstructured interest. He feels that if stores do not locate in Livermore it is because of reasons other than not being able to own the land. Gurnam Sidhu, 1533 Vancouver Way, stated that if there is a good shopping facility it will draw people from other areas such as Pleasanton and Tracy. He believes that the City should provide good circulation for vehicles because a majority of the people will continue to shop by driving vehicles to and from the business area. THERE BEING NO FURTHER PUBLIC TESTI~10NY, THE ITEM WAS CONTINUED FOR WEEK BY CONSENSUS OF THE COUNCIL. CM-34-4l5 December 5, 1977 COMMUNICATION RE ENV. MANAGEMENT PLAN The Council received a letter from the Southern Alameda County Board of Realtors expressing the viewpoint of organized real estate in the City of Livermore concerning the social and economic conse- quences of the draft Environmental Management Plan. Letter noted for filing. COMMUNICATION FROM BEAUTIFICATION COMMITTEE RE LAND PURCHASE FOR PARK A letter was received from the Secretary of the Beautification Com- mittee expressing the Committee's desire that the City purchase property in the valley East residential area for development of a park. Funds are in reserve for this purpose and they are concerned that if the funds are not used to purchase the available land during 1977, the property will not be acquired at all. Item was referred to the P.C. and LARPD, and will be returned to the Council for discussion in about a month. REPORT RE POLICE VEHICLE BIDS The City Manager reported that in comparing the bids for the police vehicles, the local vendor is $2,000 higher, even with the 5% local vendor preference allowance. However, it is estimated that the cost for out-of-town maintenance service is $150 to $200 per vehicle and this does not reflect the operational time lost when a vehicle is not available. It was also noted that the City's experience with the Plymouth Valiants are beset with constant maintenance problems due to the defective front end design and this design has been repeated with the Dodge Monaco and the Plymouth Fury (the two other bids received). CM DAHLBACKA MOVED TO CONTINUE THIS ITEM FOR ONE WEEK AND TO ASK THE MAINTENANCE DEPARTMENT FOR WRITTEN INFORMATION SUPPORTING THE STATE- MENT CONCERNING MAINTENANCE PROBLEMS WITH THE PLYMOUTH FURY MODEL. em Dahlbacka withdrew the motion as he will not be present at the next meeting, and will allow Council majority vote to determine which firm should receive the bid. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, (Cm Dahlbacka abstaining) THE BID WAS AWARDED TO DUNN CHEVROLET. RESOLUTION NO. 275-77 A RESOLUTION AWARDING BID (Dunn Chevrolet) REPORT RE BIDS FOR DOGWOOD PARK LOTS The Assistant to the City Manager reported that the high bid for the seven Dogwood Park lots with no improvements was $40,185 and for those lots with the City installing the improvements the high bid was $70,000. The staff would request a one week delay to allow a study of the proposals as well as some of the individual lot bids to determine which bids would be to the advantage of the City. CM-34-4l6 December 5, 1977 (Re Bids for Dogwood Park Lots) Perry Harabedian, 4262 Drake Way, stated that he didn't under- stand the City's intention to subdivide land and asked the Council to explain. The City Attorney explained that the parcel was the remains of an old subdivision. When the City decided to purchase the lots they were in two ownerships with one person owning three lots and the other person owning four. The property was held by the City for a number of years and then abandoned for park use by the City.a This left the City with part of an old subdivision totally unusable because of odd shaped lots. The lQts lines were changed to make the lots feasible for development and sale. Originally there were six lots of record and building permits would be available for the number of lots of record existing at the time of the sewer allocation policy, which would be six. After the lot lines were adjusted there were six lots with one for Cal Water. The item will be discussed by the Council next week and the City Manager was asked to report on the problem of having six sewer connections for seven lots. Bob Weisel, 1515 Helsinki, indicated that he was one of the bidders for the lots and expressed concern that he might not be allowed a building permit if only six permits are allowed for the seven lots. REPORT RE WESTERN PACIFIC SUBDIVISION AGREEMENT (PM 2214) The Director of Public Works reported that the parcel map for Western Pacific (PM 2214) and subdivision agreement have been completed for Council review. It is recommended that the Council approve the parcel map and the agreement which has been condi- tioned as follows: 1. The parcel map area is to be developed as an industrial park in stages with Parcels "A" and "B" to be developed initially. 2. The public works improvements for Parcel "c" will be re- quired when it is proposed for development. 3. The agreement provides that the City will establish a water benefit die strict in order to recover a portion of the cost of extending the water main on Preston Avenue from Vasco Road to the parcel map area. In accordance with the City Code the term of the district is set for 10 years with no interest charges to be made against future developments that may connect to the line. CM STALEY MOVED TO ADOPT A RESOLUTION APPROVING PARCEL MAP 2214, SECONDED BY CM TURNER. The City Attorney commented that acceptance and approval of the map is conditioned upon execution of the development agreement. MOTION PASSED BY UNANIMOUS VOTE. RESOLUTION NO. 276-77 A RESOLUTION APPROVING PARCEL MAP 2214 (Standard Realty and Development) CM-34-4l7 December 5, 1977 (Report re PM 2214) Tom Gillette, representing Western Pacific Railroad, 526 Mission Street, San Francisco, stated that they are very anxious to close the sale of this property with Standard Realty and therefore are happy that this matter is being resolved. They are satisfied with the water benefit district, but they would like reimbursement in the future with some resolution of the problem concerning interest. There is some conflict concerning other benefit districts; i.e., water, sewer, sanitary and storm drain. If there is an ordinance change concerning interest they would like this reflected in their development if possible. ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY AND STANDARD REALTY AND DEVELOPMENT WAS ADOPTED. RESOLUTION NO. 277-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREE- MENT (Standard Realty and Development) The Director of Public Works was asked if the City will be changing the resolution relative to interest and benefit districts and Mr. Lee indicated that this is an item that needs to be discussed by the Council because the City is embarking on a new era. A new state law covers benefit districts in a way they have not been covered previously and it is included in the City's Subdivision Ordinance. He indicated that he would bring this back to the Council within the next three months. Earl Mason stated that it would be helpful if the Council would discuss this matter within the next couple of weeks because there are other benefit districts pending for finalization and the matter of whether benefit districts should be on 10 year plans or longer and whether or not there should be interest, needs to be resolved on a total basis and not on an individual basis. He would like to see the matter discus- sed in about 30 days. Mr. Lee indicated that he is sure the study can be completed and ready for discussion within the next four to six weeks. REPORT RE LEASE ASSIGNMENT - AIRWAY BLVD. INDUSTRIAL The City Manager reported that the present lessees of the Airway Boulevard industiral property (Airport II Company) have applied for authorization to reassign their lease on the industrial parcel on Airport Boulevard. The new intended lessee is United Security, Inc., presently occupying the entire building located on the subject parcel. After staff discussions with the lessees and a review of personal finan- cial status of the proposed lessee it is recommended that the lease reassignment be approved. ON MOTION OF CM TURNER, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE RESOLUTION PROVIDING FOR LEASE REASSIGNMENT WAS ADOPTED. RESOLUTION NO. 278-77 A RESOLUTION AUTHORIZING EXECUTION OF CONSENT TO ASSIGNMENT OF LEASE (Airport Two, Ltd. to Ted R. Greene and Alice R. Greene) CM-34-4l8 December 5, 1977 REPORT RE LEASE TERMINATION The City Attorney reported that Airport III Company leases a one acre undeveloped industrial parcel in the City. They have been asked to execute a lease termination statement so the parcel can be made available for lease to another firm that wishes to install an industrial structure. All parties are willing to sign the lease termination statement with one exception. Therefore, it will be necessary to instigate litigation to affect the lease cancellation. It is recommended that the Council authorize the City Attorney to file an unlawful detainer action against J. Ronald Findleton for non-payment of rent. CM KAMENA MOVED TO AUTHORIZE THE CITY ATTORNEY TO FILE AN UNLAWFUL DETEINER, SECONDED BY CM TURNER, WHICH PASSED BY UNANIMOUS VOTE. RESOLUTION NO. 279-77 A RESOLUTION AUTHORIZING LEGAL ACTION (J. Ronald Findleton) REPORT RE ANNEXATION APPLICATION (No. Liver- more Avenue The City Manager reported that the City has received an application for annexation of 44 acres of property located east of North Liver- more Avenue on the south side of Las positas Road. The County requested that the owners make application to the City for annexation and it is presumed that if the City doesn't allow annexation the County will allow a parcel split and development through the use of septic tanks. In view of the County's intention, it is recommended by the staff that the City approve annexation of this property. CM KAMENA MOVED TO ADOPT A MOTION APPROVING ANNEXATION, SECONDED BY CM STALEY. The City Attorney explained that this is a matter of a pro-forma application and the City has been asked to respond with a pro-forma answer. The problem lies in the fact that they are requesting annex- ation for residential development in an area that shows Open Space designation on the General Plan. He would suggest that the item be continued for two weeks. The Council discussed the matter with the City Attorney and the comment was made that if annexation is allowed, under the rules of the General Plan the burden would be on the owners and the County as to whether they should annex due to the fact it is shown as Open Space designation. The City Attorney stated that if the property were annexed, the property would become subject to all of the City's land use and police power controls. Mr. Harabadian asked if the owners of the propery would be allowed to develop residential housing if the property were annexed to the City and he was told that they would not because of the General Plan designation and because of sewer allocation policy. CM-34-4l9 December 5, 1977 (Report re Annexation Application) MOTION WITHDRAWN. ON MOTION OF CM KAMENA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE ITEM WAS TABLED. CM TURNER MOVED TO BRING THE ITEM FROM THE TABLE, SECONDED BY CM DAHLBACKA, WHICH PASSED BY UNANIMOUS VOTE. CM TURNER MOVED TO CONTINUE THE ITE~1 FOR TWO WEEKS. MOTION SECONDED BY CM DAHLBACKA, WHICH PASSED BY UNANIMOUS VOTE. REPORT RE REORGANIZA- TION OF COUNTY HOUSING AUTHORITY The City Manager reported that the structure for the reorganization of the County Housing Authority has been resolved and requires that membership consist of representatives of each of the local agencies currently being served. It is necessary that the Council appoint a representative to the County Housing Commission and that such not be a staff member. It was suggested that the item be continued for one week and em Dahlbacka indicated that he will not be present at the next meeting but will allow the Council to vote on his behalf. The Council concurred with the recommendation to appoint the Chair- man of the Housing Authority Board if this person is permitted to serve on both the local and County board. Item will be discussed in one week. APPOINTMENTS Rich Buckley appeared before the Council concerning his application to the Design Review Committee and was told that the ordianance spells out those qualifications required for eligibility. An artist is defined as one who is recognized locally or is compensated for art work. Mr. Buckley indicated that he is involved in design work and feels he would qualify. He asked that he be considered for appointment. BY UNANIMOUS VOTE J. R. HYLAND WAS APPOINTED TO THE ENERGY CONSERVATION COMMITTEE. Charles Borwn, Thomas Batzer and John Kerekes were nominated for the Airport Advisory Board. THE VOTE WAS AS FOLLOWS: JOHN KEREKES - CM DAHLBACKA, TURNER: CHARLES BROWN - CM TURNER, KAMENA, STALEY AND MAYOR TIRSELL: THOMAS BATZER - CM KAMENA, STALEY, DAHLBACKA AND MAYOR TIRSELL BY UNANIMOUS VOTE MATT CSICERY WAS APPOINTED AS THE STUDENT REP. TO THE TRANSPORTATION ADVISORY COMMITTEE. (It was later learned that Matt declined the appointment and another selection will be made.) Appointment to the Design Review Committee was postponed for two weeks at the request of Cm Dahlbacka. CM-34-420 December 5, 1977 CONSENT CALENDAR P.C. Minutes The minutes from the Planning Commission meeting of 11/1/77 were submitted for informational purposes. Resos. Confirming Appointments The following resolutions were adopted confirming appointments made by the Council. RESOLUTION NO. 280-77 A RESOLUTION APPOINTING MEMBER TO THE HOUSING AUTHORITY (Ardella Eckland) RESOLUTION NO. 281-77 A RESOLUTION APPOINTING A NEW MEMBER TO THE SOCIAL CONCERNS COMMITTEE (Aurelio R. Chapa) Reso. Auth. App. of Anti-recession Funds The Council adopted a resolution authorizing Finance Director to apply for Anti-recession Fiscal Assistance Funds. RESOLUTION NO. 282-77 A RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS Payroll & Claims There were 46 claims in the amount of $47,547.07, dated ll/2l/77, and approved by the City Manager. 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 STAFF (PERS Contract) The City Attorney noted that he has been asked by Mr. Parness to bring to the Council's attention a resolution that must be adopted this evening concerning an amendment to the contract with the Public Employees Retirement System Board. He explained that this would be a notice of intent to pass an ordinance which would authorize an amendment to a contract. ON MOTION OF CM DAHLBACKA, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED A RESOLUTION OF INTENT, AS RECOMMENDED. CM-34-42l December 5, 1977 (PERS Contract) RESOLUTION NO. 283-77 A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF LIVERMORE. (Reso. Auth. Exec. of Agree. to Purchase Prop.) The City Attorney noted that a resolution must be adopted this evening authorizing execution of agreement to purchase real property, which is a purchase previously authorized by the Council (O'Brien property), located at the corner of East Avenue and Seventh Street. ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED. RESOLUTION NO. 292-77 RESOLUTION AUTHORIZING EXECUTION OF AGREE- MENT TO PURCHASE PROPERTY (O'Brien). (Anderson Property Annexation) Mr. SChilling stated that hopefully the Council will discuss the policy concerning the Anderson property along with the matter concerning the property south of Las positas Road. Mr. Anderson wants to annex to the City and he is anxious that the Council discuss the type of development he might be allowed. It was noted that this item has been referred to the P.C. and the Council has been awaiting its return. The Council will discuss this property when the other property is discussed because this issue raises concerns common to both requested annexations. (City Hall Bids) Mr. Schilling reported that bids were received for the City Hall property last Friday, December 2, 1977, and after bids were opened an oral bid of $102,000 was received. This is almost $20,000 more than the initial bid received about a month before the second bidding. Two bids were also received for the old Fire/Police Building which was followed by oral bidding. The high bid for that building was $75,500, and the City will be drawing up a contract for its sale. He asked that the Council direct the staff to prepare a resolution accepting the bids and authorizing preparation of a contract of sale, Council concurred. MATTERS INITIATED BY THE COUNCIL (Protest re Continuance) " Cm Turner offered a protest that the Council is continuing the meet- ing past ll:30 p.m. when the Council has adopted a policy prohibiting discussions after this time. He suggested that if the Council intends to continually ignore the 11:30 policy perhaps it should be eliminated. The majority of the Council felt the policy serves a purpose and most of the time the meeting is adjourned shortly after 11:30 p.m. Cm-34-422 December 5, 1977 (Solid Waste Manage- ment Developments) Cm Dahlbacka reported on a meeting of the Solid Waste Management Committee which he attended. At the meeting Oakland Scavenger revealed plans for a major resource recovery facility along with the transfer station proposed at the Davis Street site. This represents a major breakthrough in that this is the first time Oakland Scavenger has done anything more than indicate they are in favor of resource recovery. The facility, as proposed, goes towards meeting the 67% urban waste recovery goal of the County, to the extent of 64%. He added that it has been very gratifying to see the cooperation of Oakland Scavenger and the County in moving towards meeting the state goal. (Motorcycle Park) Cm Dahlbacka reported that he attended a meeting with LARPD representatives who are interested in providing a motorcycle park. His only suggestion would be property between Vasco and Greenville but there may be problems in condemning property for this purpose. He wondered if the Council would be interested in pursuing the matter. It was Council suggestion that this matter be addressed in the five year budget. (Skateboard Park) em Dahlbacka reported that LARPD is also interested in a skate- board park. They have suggested use of the small park site at Holmes and Mocho Street for this purpose. Item referred to the P.C. for recommendation. (Ravenswood) Cm Dahlbacka stated that the restoration of Ravenswood has not been completed because of the default on the contractor and LARPD would like to know if the City would be willing to make a loan at a low interest rate for approximately $100,000 for completion of ~hat project. The staff might check into this. (Civic Center Site) Cm Dahlbacka noted that LARPD is also interested in the latest plans for the Civic Center site. Concern was expressed that if the present l3~ park tax is de- pleated they won't have the ability to purchase property be- cause their tax is only for maintenance and operation of park facilities. CM-34-423 December 5, 1977 (National League of Cities) Cm Staley reported that he has been attending the National League of Cities meetings which have been taking place in San Francisco. He stated that he is the City's representative as well as the state representative on the National Policy Committee and there are many interesting changes taking place on the transportation policies being formulated by the Carter administration which he will discuss next week. There is a series of publications being made available by the National League of Cities for $20 called, "Elected Officials Handbooks", and they include lO handbooks with users guides on various topics, i.e., Money, How to Raise It and How to Spend It; Goal Setting by Government Body; Streamlining Government Issues, etc. Cm Staley indicated that he would like to read the handbooks and would like to know if the Council would be interested in investing the $20 to obtain a set of the literature. Council concurred. ADJOURNMENT There being no further Council business, the meeting was adjourned at 11:50 p.m. APPROVE 0~, )')-, Regular Meeting of December 12, 1977 A regular meeting of the Livermore City Council was held on December l2, 1977, 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: Cm Kamena, Turner, Staley and Mayor Tirsell Cm Dahlbacka (excused - business) PLEDGE OF ALLEGIANCE Mayor Tirsell led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. INTRODUCTION OF NEW STAFF MEMBERS Mr. Parness introduced two new staff members to the Council. Mr. Charles Copeland (Bill) is the City's new Maintenance Superintendent, and Mr. Robert Schneider is the new City Engineer. CM-34-424 December l2, 1977 MINUTES - 11/21/77 ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF ll/2l/77 WERE APPROVED AS SUBMITTED. OPEN FORUM (Polymir Industries) Paul VanDyke, ll25 Lakehurst Road, reported that he was one of a few people who conducted an informal investigation of Polymir Industries after reading about this company in the newspaper. They found that the BAAPCD has a file of complaints concerning this chemical company. He would hope that if they are permitted to locate in Livermore that appropriate action is taken to see that the water they dis- charge is properly treated and their chemical fumes are monitored. Mr. Gorland commented that Polymir deals with polyeurethane, and when boards of this material are sawed it creates a type of saw dust. The City will require a suction device that will funnel the dust from the polyeurethane into a barrel. They will also be required to provide a special room with a negative air pressure for sawing, which should substantially eliminate any possibility of dust filtering into the rest of the building or to the outside. To the knowledge of the City there is no water process used - the only water is domestic effluent. There will be an environmental analysis of the company done prior to development and any negative aspects will be revealed. Mr. Gorland was asked to contact Mr. Brinkley, Enforcement Officer, of the BAAPCD, to discuss some of the complaints received by that agency. Mr. Gorland indicated that Mr. Nies has been communicating with the BAAPCD and they will continue to do so. P.H. RE PROPOSED HCD GRANT PROJECT LIST It has been recommended by the Social Concerns Committee that $25,000 of the HCDA grant be used to purchase a permanent home in Livermore as an emergency shelter for women and children through the Tri-Valley Haven services, with retention of $25,000 as a reserve to provide for unanticipated project expenses for the Tri-Valley Haven. Previously the Social Concerns Committee had made a different recommendation on the assumption that the Tri-Valley Haven would not qualify for HCDA grant funds. It is now believed that this agency will qualify. Discussion followed concerning the ECHO grant and its value in Livermore, which is a counseling service to get landlords in Livermore to accept tenants who can qualify for rent subsidy, and accepting this subsidy from the Federal government, through the County. John Wilson-Bugbee explained Section VIII Housing Assitance that goes to local housing authorities. The ECHO staff CM-34-425 December 12, 1977 (P.H. re HCD Grant) assists a tenant in finding a place in which to live and to locate landlords that might be willing to utilize the Section VIII program as well as to help supplement their housing costs. Barbara Hempill was present to answer questions and help explain some of the programs and she was asked if Livermore's proposal for a Housing Coordinator would cover some of the services provided by ECHO and she indicated that it wouldn't because the Housing Coordinator would not become involved in hQusing counseling for the tenant/landlord outreach type of service. In discussing the Senior Citizen Center program it was noted that the City must contribute 25% of the CD Project costs. Therefore this would have to be contingent upon the assurance that they would receive the other 75% funding. !~. Schilling responded to a question concerning the possiblity of left-over funds, and he indicated that these funds would be available to the City for reallocation during the year. There was also concern that the amount of $25,000 for property acquisition by Interfaith Housing is a low figure, and Rae Ellen Dorough explained that hopefully the owner of the property will not want a large amount down - the $25,000 would cover the down payment. It was mentioned that the $3l,000 for 20 sodium vapor street lights for Leahy Square might be funded through a different source. Mayor Tirsell opened the public hearing for receipt of testimony from the public on projects not recommended. Karen Brown, Livermore Jaycee Wives, stated that the Jaycees sub- mitted an application for rennovation of one of the buildings at Buenas Vidas Youth Ranch. Because of an eligibility ruling by the HCD office they feel the Social Concerns Committee did not have an opportunity to evaluate the proposal based on its merits for the need in the community. They would ask reconsideration of the pro- posal by the Council, since they have received information that Buidas Youth Ranch would qualify. If the Social Concerns Committee had been able to review the proposal under the new regulations, they would have recognized the need for the facility and the benefits that would be realized by Livermore. The proposal would require funding in the amount of $64,856. Although the Ranch serves the total Valley area, Livermore receives the major portion of benefit from these services. Mrs. Brown indicated that if the money is allocated for this purpose in the full amount a contractor will do the rennovation; however, if money is received that would pay the cost of material the Jaycees and Jaycee Wives would donate labor to complete the rennovation. Kay Parra commented that she believes there should be some clarifica- tion concerning ECHO funds, in that the Hayward office is able to make loans to the low-income families, but this will not be one of the services available with a local office. It was explained that the HCD funds do not provide a subsidy - this is the ,reason there won't be funds available for loans. The primary concern of the Social Concerns Committee at this time is getting a building for the consolidation of the services available to low-income families so staff people can begin working on the needs of these people. CM-34-426 December l2, 1977 (P.H. re HCD Grant) THERE BEING NO FURTHER PUBLIC TESTIMONY PRESENTED, ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE PUB- LIC HEARING WAS CLOSED. CM STALEY MOVED TO ADOPT THE RECOMMENDED $40,000 FOR THE MULTI- SERVICE CENTER, SECONDED BY CM KAMENA, WHICH PASSED BY UNANIMOUS VOTE. CM STALEY MOVED TO APPROVE THE $30,000 RECOMMENDED FOR LARPD, $15,000 OF WHICH WILL BE CONTINGENT UPON RECEIPT OF THE OTHER 75% MATCHING FUNDS. MOTION SECONDED BY CM TURNER AND PASSED BY UNANIMOUS VOTE. The Council discussed whether or not the Garnet Austin funds should be contingent upon development on a local site and Mr. Howell, Director of Garnet Austin indicated that they have applied for funds from Livermore, Pleasanton, Dublin and San Ramon. They cannot find a location until they have ample funds. Mr. Howell added that under the guidelines of HCD funds they may locate anywhere as long as they serve the community from which the funds were derived; however, it appears more likely that they would locate in Livermore because there is industrial property available for their use. They will avail themselves of the most cost effective location, however. CM KAMENA MOVED TO APPROVE THE $37,500 FOR THE GARNET AUSTIN CENTER CONTINGENT UPON THE REQUEST THAT IF THE CENTER IS TO BE DEVELOPED OUTSIDE THE LIVERMORE PLANNING AREA, THE APPLI- CANT COME TO THE COUNCIL WITH THE PROPOSAL. MOTION SECONDED BY CM STALEY, AND PASSED BY UNANIMOUS VOTE. CM STALEY MOVED TO APPROVE THE $1,870 FOR INTERFAITH HOUSING WITH A CONTINGENCY ON THE $25,000 LAND ACQUISITION PORTION; IF A CONTRACT IS NOT ENTERED INTO WITHIN SIX MONTHS THE $25,000 WOULD REVERT TO THE CONTINGENCY FUND. MOTION SECONDED BY MAYOR TIRSELL. Concern was expressed that the $25,000 is only a down payment for the land and it may be difficult to raise the amount needed to purchase the property. Also, the owner has been approached in the past and was unwilling to sell the property - this is the reason the six months contingency was included in the motion. There was discussion as to whether the six months should be six months from this time or six months from receipt of the grant money in July. Members of the Council wanted to have some time to think about this item prior to taking a vote on the motion. Council moved to the next item. CM STALEY MOVED TO APPROVE $32,000 FOR THE LIVERMORE HOUSING AUTHORITY. MOTION SECONDED BY CM KAMENA FOR DISCUSSION. It was noted that the projects for the Leahy Square area should remain flexible because the cathodic protection for the gas distribution system might come from a different source of funding and if not some of the sodium vapor street lights may have to be eliminated. Discussion followed concerning the need for the street lights and the fact that this would add to the safety of Leahy Square. It was mentioned that even if half the number of lights proposed were eliminated this would still allow for twice as many street lights than have been installed. ( .. -k) ~ bk. <fU.<.~ .;iL~A<Ao:I- MOTION PASSED 3-1 Cm Turner d1ssent1ng .tl4t.a.- ~ ,,(J~~.(J1b ~ ~ ~ J.k~- ~1J1L-- CH-34-427 December 12, 1977 (P.H. re HCD Grant) The suggestion was made that the allocation for the Fire Department might be transferred for use by the Buenas Vidas Youth Ranch. Dave O'Conner from the Fire Department spoke to the Council concerning the advantages of upgrading the water distribution capabilities for the area in which new water hydrants are proposed. This would serve the old sections of the City in which the hydrants are not adequate. CM TURNER MOVED TO APPROVE THE ALLOCATION RECOMMENDED FOR THE LIVERHORE FIRE DEPARTMENT ($12,888). MOTION SECONDED BY MAYOR TIRSELL. The City Manager indicated that each year the Fire Chief requests hydrant replacements as part of the budget and for the last four years they have been denied because of a lack of funds. Previous to the denials about three each year had been approved. Motion postponed for later discussion. ON MOTION OF CM STALEY, SECONDED BY CM KAMENA, AND BY UNANIMOUS VOTE, THE HCD ADMINISTRATION ALLOCATION WAS APPROVED ($l7,280). ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, $25,000 WAS ALLOCATED TO THE TRI-VALLEY HAVEN FOR PURCHASE OF A PERMANENT HOME, CONDITIONED THAT THE HOME BE LOCATED IN LIVERHORE. Prior to discussing Buenas Vidas Youth Ranch, Mr. Schilling indicated that the staff has had no official word from the County concerning eligibility of the project. He would suggest that the Council post- pone this item for a week to allow contact with the County. He added that the City is allowed only a 10% contingency and there are many projects for which there are questions as to the project amount; therefore it would be best if additional contingencies are not included. The original recommendation by the Social Concerns Com- mittee provided for about 17% contengency and this would not have been consistent with the HCD guidelines. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE ITEH WAS CONTINUED FOR ONE WEEK. The remaining projects will be reviewed by the Social Concerns Committee for recommendation next week. RECESS Mayor Tirsell called for a brief recess after which the Council meeting resumed with members present as during roll call. MOTION TO REORGANIZE COUNCIL AGENDA ON MOTION OF CM TURNER, SECONDED BY CM ~MENA AND BY UNANIMOUS VOTE, THE COUNCIL REORGANIZED THE AGENDA TO ALLOW DISCUSSION OF THE PUBLIC HEARING RELATIVE TO THE CENTRAL AREA ELEMENT OF THE GENERAL PLAN. P . H. RE CENTRAL AREA ELEMENT OF GENERAL PLAN The discussion concerning the Central Area Element of the General Plan was continued from the meeting of December 5, 1977 for purposes of receiving additional staff information and review. CM-34-428 December l2, 1977 (P.H. re Central Area Element) During Council discussion concerning the Central Area Element, it was suggested that "N" Street be extended to Railroad Avenue with zero setbacks for buildings to face "N" Street providing a mall with parking designated in back of the buildings. There was also a suggestion that Railroad Avenue be continued as an 88 ft. right-of-way, with the "N" Street mall, which was followed by discussion. The following suggestions were made, using Design No. 4 as a guide: 1) Railroad be made a through street with an 88 ft. right-of-way; 2) delete the turning lane between "0" and "M" because there will be zero setback and no access to parking lots in that area; 3) delete the parking lot from the actual street construction with grassed areas on the side and no median; 4) for the shopping on the west there is access from Railroad and "P" but exit from "P" would permit turning to the north only - work should be done relative to traffic flow in that area; 5) the mall should be extended through to "N" and "0" should also be extended into the parking area to divert traffic from First Street into the parking areas; 6) extend mall down as far as possible with negotiations with the bank for exit/entrance on "N" Street; 7) zero setbacks are essential to the plan between "0" and "M" because these lots will have exposure in response to the S.P. letter. Mayor Tirsell commented that she would like to make the following comments, for the record. She would request that CS Zoning be considered where the P.C. recommended Office Zoning for the Ng property. This is a large piece of property, it would be ideal for CS Zoning and the uses allowed in CS seem compatible with that area and this would accomplish what Mr. Ng is concerned about as well as what the City is hoping for which is not to delete the general retail from the major downtown "super block". When the P.C. comes back to the Council with a recommendation as to the allowance of grocery stores she will have some sug- gestions. The CO Zoning with the H overlay in the Stanley Boulevard area was mentioned for consideration by the Council and this aspect of the Plan will be discussed during later discussions. Item will be discussed again next week. P.H. RE BENEFIT DISTRICTS A public hearing has been scheduled for receipt of public testimony concerning the two benefit districts being estab- lished for Olivina Avenue and Hagemann Drive. Mr. Lee was asked why a cash bond for future improvements has been included in the benefit district costs and he indi- cated that this is really a payment for improvements that will be installed in the future. The City Attorney commented that the benefit district is designed to reimburse the developer for the installation Cr1-34-429 December 12, 1977 (P.lI. re Benefit District) of oversized improvements that will benefit property other than the property he or she is developing at the time. This would be a phased or deferred improvement that was projected to be installed at some time before the Hagemann property would actually be developed and was a condition of the original development agreement. Mr. Lee cited an example of how the benefit district works and responded to questions from the Council relative to hypothetical situations. Concerning the term of the benefit district, Mr. Lee explained that the Code spells out a 10 year term for the water benefit district but other benefit districts have been for 12 or 15 years. Normally the staff recommends as short a term as reasonably possible. eM STALEY MOVED TO ADOPT A RESOLUTION ESTABLISHING BENEFIT DISTRICTS FOR HAGEMANN DRIVE AND OLIVINA AVENUE, SECONDED BY CH KA..."1ENA. After brief discussion the Council asked that the matter be post- poned so that benefit districts in general could be discussed. MOTION WITHDRAWN, BY CONSENSUS OF COUNCIL ITEM WAS POSTPONED UNTIL SOMETIME IN JANUARY. P.H. RE NEG. DEC. LANDMARK DESIGNATIONS The landmark designation proposed for municipal properties located at 2250 First Street and 2365 First Street is in conformance with the General Plan. At the close of the public hearing it is recom- mended that the Council adopt a resolution accepting the Negative Declaration and landmark designations. Mayor Tirsell opened the public hearing for receipt of public testimony on this item. THERE BEING NO PUBLIC TESTIMONY, ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. CH TURNER MOVED TO ADOPT A RESOLUTION DESIGNATING 2250 FIRST STREET AND 2365 FIRST STREET AS LANDMARKS, AND ACCEPTING THE NEGATIVE DEC- LARATION. MOTION SECONDED BY MAYOR TIRSELL AND PASSED BY UNANIMOUS VOTE. RESOLUTION NO. 284-77 A RESOLUTION DESIGNATING 2250 AND 2365 FIRST STREET AS LANDMARKS APPT. - REORGANIZA- TION OF HOUSING AUTH. The Council discussed the reorganization of the County Housing Authority which will consist of representatives from each of the local agencies currently being served. The Council has been asked to appoint a representative and that the representa- tive not be a member of the City staff. CM-34-430 December l2, 1977 (APPT. - Reorganization of Housing Auth.) CM TURNER MOVED TO APPOINT LINDA CHAPMAN, CHAIRMAN OF THE HOUSING AUTHORITY BOARD. MOTION FAILED DUE TO LACK OF A SECOND. There was discussion as to whether or not the representative should be the Chairman of the Housing Authority Board and the comment was made that perhaps it would be best to appoint some- one who could offer independent expertise to the Housing Author- ity Board. At this time the Housing Authority is trying to take care of many problems and review plans the City has offered. It was noted that the appointment will involve a great deal of time and the Council should appoint a citizen member who could devote the time required. Cm Turner offered to serve as a representative until a permanent appointment is made. ON MOTION OF CM STALEY, SECONDED BY MAYOR TIRSELL AND BY UNANIMOUS VOTE, CM TURNER WAS APPOINTED AS A REPRESENTATIVE TO THE COUNTY HOUSING AUTHORITY BOARD ON AN INTERIM BASIS. STAFF REPORT RE ~EAHY SQ. TRAFFIC At the request of the City Council, the Director of Public Works prepared a report concerning the traffic conditions at Leahy Square which indicates that one of the prime concerns of the residents of Leahy Square is excess speed in the housing develop- ment, and that speed bumps might help solve this problem. The staff feels that speed bumps are generally considered to be hazardous for bicycles, motorcycles and emergency vehicles and often the bumps are less effective at a slower speed. In Council discussion it was mentioned that the bumps probably could be installed so as not to be hazardous to bicycles and though there is a matter of liability involved with the hazard- ous aspects of the bumps the City must consider the liability of an accident that could be the result of a speeding vehicle. CM STALEY MOVED TO APPROVE THE INSTALLATION OF THE SPEED BUMPS BY THE HOUSING AUTHORITY. MOTION SECONDED BY CM TURNER. The comment was made that hopefully the bumps can be placed in a manner that will deter speed and not so that if a vehicle travels at a greater speed the bumps will not be leveled out. MAYOR TIRSELL ASKED THAT THE MOTION INCLUDE THE FINDING THAT THIS IS A SELF-CONTAINED HOUSING UNIT CONSTRUCTED BY AN AGENCY IN OUR CITY FOR THE EXPRESS PURPOSE OF HOUSING LOW AND MODERATE INCOME FAMILIES AND THE FINDING PRECLUDES STREETS OWNED BY THE CITY IN OTHER PARTS OF TOWN AND RESIDENTIAL CONSTRUCTION, AND THIS IS A UNIQUE SITUATION. ACCEPTED BY MOTION-MAKER AND SECONDER. It was pointed out that the Housing Authority would have in- stalled the speed bumps had it not been for the fact that the street had been dedicated to the City. MOTION PASSED BY UNANIMOUS VOTE. CM-34-43l December 12, 1977 REPORT RE DESIGN FOR COUNCIL CH&~BERS Mr. Parness reported on the separate structure located on the Civic Center site which will house the Council Chambers. The structure is separated from the Administration Building but will be physically interconnected. The proposed plan needs to be reviewed by the Council and a selection of the appointments for the interior made. Mr. Parness showed the Council the location of various items such as seating for the staff and Councilmembers, the location from which displays will be presented and audience seating, from sketches and floor plans. There will be an area in which the Councilmembers will be able to conduct City business and meet with people from the public. The comment was made that most of the Councilmembers work on Council business during the evening or weekends and there has been nothing said about the facility being open during these times. Also, there should be some arrangement made whereby Councilmembers can review staff reports that may not be current. There is also a need for an individual work area for each Council- member with perhaps a small file for each member, and for access to a typewriter, copy machine, etc. The suggestion was made that perhaps the restrooms in the Council Chambers building could be eliminated and access provided from the outside for the City Hall restrooms but Mr. Parness indicated that the intent is that the Chambers building will be completely autonomous and that the other building will not need to be open at all. There was discussion as to whether the Purchasing Department and reprographics should be located under the Council Chambers building or whether it would be more cost effective to expand the building and have these facilities on the same level and the architect felt the present design with facilities on two levels would be the most cost effective plan. It was also suggested that the conference room for the Councilmem- bers be a room that could be utilized as a work area rather than for a meeting area only, and that the seating of the Councilmembers should be redesigned to seat the Mayor in the middle rather than at the head of the line of Councilmembers. It was noted that focus on the Mayor tends to downgrade the Council. The architect agreed to make some small design modifications, as per Council discussion and the item will be coming back to the Council for final review. REPORT RE SALE OF DOGWOOD PROPERTY In discussing the sale of the Dogwood Park site properties it was mentioned that perhaps it might advantageous to follow the same bidding procedure as was followed for the sale of the First Street properties whereby bids are opened, the highest bid announced and higher oral bids are allowed. Alex Mehran, 1819 Barcelona Street, asked why the lots for this tract have been recorded and processed while other lots not owned by the City have not been processed. Mr. Lee explained that the original map contained six lots and while eight lots have been recorded there will be sewer connections allowed for only six lots of record. One lot will be used by Cal Water and CM-34-432 December l2, 1977 (Sale of Dogwood Property) that lot will not have residential development; therefore a sewer connection will not be needed for this lot. This leaves seven lots, six of which will be allowed sewer connections. Mr. Parness explained that originally the land was purchased for a park site. Upon the strong advice of LARPD it was de- cided that it would not be developed as a park site and people in the area did not wish to help develop a park site, and the Council reluctantly agreed to dispose of the property. It was the intention of the City to receive the best economical return possible and a subdivision was prepared with as many lots as possible were provided. Mr. Mehran wondered if Tract 3758 would be subject to the Subdivision Map Act and he was told that it would be. He then asked if the Map Act requires that lots over five in num- ber not be allowed to be recorded and the City Attorney explained that the number of five used to be a division between a parcel map minor subdivision and major subdivision. That dividing line may have been used in the past, prior to 1974 for some purposes such as policy purposes but there is no longer a distinction based on five or more or five or fewer. The City Attorney added that the Subdivison Map Act does not control the acceptance or discretionary approval of subdivision maps by local entities. It only sets forth the procedural and mapping requirements that have to be followed by local entities. The way the original six lots were located on the parcel they really could not be used with the zoning and subdivision require- ments; otherwise, they would have been sold as shown originally. Mr. Mehran indicated that he owns property which has been zoned for residential development since 1958 and yet he has not been able to have the lots processed. He is sure the owner of the seventh lot for which no sewer connection is available, will be able to have everything processed and obtain the sewer con- nection needed for development on the lot. He added that he would like to make his point quite clear which is that he owns a piece of property six acres in size, has been annexed to the City and has all the public utilities adjacent to it with subdivision de- veloped around it. That property is one lot of record and if they want to expand it to 23 lots of record the City has said this would not be allowed but yet the City is allowed to expand the six lots of record to eight lots of record. Mr. Mehran was told that the extra lot (the seventh lot) will not be allowed to develop any faster than Mr. Mehran's lot of record. When the City receives sewer capacity these lots will be the first to develop. The City Attorney was asked at what time was it decided that no tract maps could be filed or processed and he indicated that this was decided at the time the sewer allocation policy was placed into effect, in 1975. It was concluded that the discussion cannot be resolved at the meeting and Mr. Mehran was asked to discuss the matter with the City Attorney. The City Attorney commented that he believes the issue cannot be resolved without Council decision. One issue is the number of lots in the subdivision as it was approved and the second issue is the policy of the Council concerning the lots of record sewer allocation and not approving subdivision maps until a Growth Management Plan and sewer capacity is available. CM-34-433 December 12, 1977 (Sale of Dogwood Property) The City Attorney offered an option which would be to amend the subdivision map to delete two lots. There can be a rejection of all the bids received on the basis of a mistake in the speci- fications. The City Attorney was asked if the high bidder could accept the error and he indicated that this could happen but the problem is that all bidders and people who saw the specifications and did not bid could possibly have been moved to their action by the erroneous specification. It was suggested that perhaps a solution to the problem would be to sell the six lots for which there are sewer connections available, and retain ownership of the seventh lot for which no sewer connection is available. Dan Spruill, 1900 Buena Vista, stated that as the high bidder he has no objection to a change of lot lines so there is only six lots, since only six sewer connections are available. If the City wishes to combine two lots into one large lot, this would be acceptable also. One lot of the eight has been set aside for Cal Water and they will not need a building permit; therefore the remaining seven lots could be made into six lots. Sewer connections is the issue - not the number of lots. It was noted that the City has asked developers to conform to City policy and the City should do the same. The City Attorney was asked to write a brief statement concerning this matter. CH TURNER MOVED TO ACCEPT THE BID OFFERED BY DAN SPRUILL, WITH A CHANGE IN THE NU!>1BER OF LOTS TO BE DEVELOPED TO SIX AND CONSENT OBTAINED IN WRITING. MOTION FAILED FOR LACK OF A SECOND. The City Manager felt it would be reasonable to combine the seven lots into six lots for sale. The eighth lot will not be offered for sale but rather will remain in City ownership for a separate negotiated sale with Cal Water. There was some question as to whether the recommendation by Cm Turner and the City ~1anager would be appropriate and the matter was referred to the staff for evaluation. The item will be dis- cussed again next week. REPORT RE SEWER CONN. AGREEMENT (Charles Brendlinger) The Community Development Director submitted a report concerning the sewer connection agreement for property located at 6421 South- front Road, owned by Charles H. Brendlinger. It is recommended that the Council adopt a resolution authorizing an amendment to the contract relative to Exhibit "C", Engineering Considerations. The City Attorney explained that this is a matter of a policy choice to forego a security for the public improvement that is required to be installed. The surity bond market seems to be in shambles and there is no other means of good security other than a cash bond. Mr. Gorland indicated that Mr. Brendlinger would have been willing to actually construct the street but apparently this would not be feasible and there are no standards for the construction. CH-34-434 December 12, 1977 (Sewer Conn. Agreement- Charles Brendlinger) ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE RESOLUTION AUTHORIZING A CONTRACT AMENDMENT WAS ADOPTED. ON MOTION OF CM CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE STAFF WAS DIRECTED TO PREPARE THE CONTRACT AMENDMENT AND RESOLUTION FOR THE CONSENT CALENDAR NEXT WEEK. REPORT RE SEWER CONN. AGREEMENT (Livermore Feed) A request has been received from the Livermore Feed and Seed and the staff recommendation is that the staff be instructed to prepare a sewer connection agreement for the property located at Southfront Road. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE STAFF WAS DIRECTED TO PREPARE A SEWER CONNECTION AGRE- EMENT FOR REVIEW BY THE COUNCIL. REPORT RE FIRE BELL REMOVAL ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE DISCUSSION RELATIVE TO REMOVAL OF THE FIRE STATION BELL WAS TABLED. RESO. AUTH.PURCHASE OF STREET LIGHTS AND OTHERS The City Manager reported that bids have been received for fluor- escent and incandescent lamps. It is possible to effect a saving of $380 by buying from the state contract and it is recommended that the Council adopt a resolution authorizing this process. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED A RESOLUTION AUTHORIZING THE CITY TO PURCHASE LAMPS FROM THE STATE. RESOLUTION NO. 285-77 A RESOLUTION AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIF- ORNIA TO PURCHASE CERTAIN ITEMS ON BEHALF OF THE CITY OF LIVERMORE. CONSENT CALENDAR Reso. - Appointments The fOllowing resolutions were adopted reflecting appointments made by the Council at the last meeting. RESOLUTION NO. 286-77 A RESOLUTION APPOINTING A MEMBER TO THE AIRPORT ADVISORY COMMITTEE (Charles Brown) CM-34-435 December 12, 1977 (Consent Calendar) RESOLUTION NO. 287-77 A RESOLUTION APPOINTING A MEMBER TO THE AIRPORT ADVISORY COMMITTEE (T. Batzer) It should be noted that Cm Turner abstained from the vote appointing Mr. Batzer to the Airport Advisory Committee. RESOLUTION NO. 288-77 A RESOLUTION APPOINTING A MEMBER TO THE ENERGY CONSERVATION COMMITTEE (J. R. Hyland, Jr.) Reso. Rej. Claim (Bruce Green, et al) The Council adopted a resolution rejecting the claim of Bruce Green, et al. RESOLUTION NO. 290-77 A RESOLUTION REJECTING THE CLAIM OF UNITED SERVICES AUTO ASSOC. RESOLUTION NO. 291-77 A RESOLUTION REJECTING THE CLAIM OF BRUCE GREEN AND JANET GREEN, JAMES GREEN AND JOHN GREEN, MINORS P.C. Summary of Action The Planning Commission Summary of Action from the meeting of December 6, 1977, was noted for filing. Information re P.H. re Ag. Preserve An application has been filed by Robert N. Cornett and Edward S. Ageno for an Agricultural Preserve. The property is located on the east side of Vasco Road, opposite Idlewild Avenue. The hear- ing will be set for hearing on February 6, 1978. Item noted for filing. Payroll & Claims There were 106 claims in the amount of $136,937.68, 330 payroll claims in the amount of $120,012.78, and time deposits in the amount of $200,000 for a total of $456,950.46, dated 12/2/77, and approved by the City Manager. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM STALEY, SECONDED BY 01 KAMENA AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED WITH DELETION OF THE RESOLUTION REGARDING SIDEWALK REPAIR FOR MURRIETA BOULEVARD, NORTH SIDE. CM-34-436 December" 12, 1977 DISCUSSION RE SIDEWALK REPAIR RESO. The Council briefly discussed the intent of the resolution concerning sidewalk repair on the north side of Murrieta Boulevard (Clark and Bloom property). ON MOTION OF CM STALEY SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE RESOLUTION WAS CHANGED TO READ 90 DAYS FOR THE CLARK PROPERTY AND JUNE 1 FOR THE BLOOM PROPERTY. RESOLUTION NO. 289-77 A RESOLUTION OVERRULING PROTESTS AND DIREC- TING THE SUPERINTENDENT OF STREETS TO PRO- CEED WITH SIDEWALK CONSTRUCTION. r1ATTERS INITIATED BY THE STAFF (Lawsuit Filed re Unemployment Ins.) The City Attorney reported that the lawsuit challenging the federal statute providing for unemployment insurance coverage mandatory for cities and counties in the United States was filed last Thursday. The hearing was today on a temporary restraining order and injunction and he doesn't know what the results were. Hopefully an injunction will be granted which will delay the effective date for the unemployment insurance payments. (New City Attorney) The City Attorney announced that Molly Dent passed the bar examination and is the new Assistant City Attorney who will be sworn in Wednesday. (Exec. Session re Litigation) The City Attorney requested an executive session after the meeting to discuss litigation. (Holiday Dec.) The City r1anager noted that the Chairman of the Beautification Committee telephoned to ask if Mr. Parness would ask the Council for their opinions concerning the holiday decorations. The comments were that the green ornaments on First Street should be made larger and that decorations should be placed on both sides of the banners. MATTERS INITIATED BY THE COUNCIL (Transportation) Cm Staley commented that as one of the six California representa- tives to the National Tranportation Policy Committee he has learned that federal funding for transportation systems, highway CM-34-437 December l2, 1977 (Transportation) systems and local streets is going to be equalized. Presently it is $7 for $3; $8 for $2; and $9 for $1. The plan is to pass the money through to local governments and let them plan what facilities they want with the money rather than requiring it to be done on regional levels. Also, with the transfer to coal there will be a major problem in the west because the coal is moved by trains which means that cities with railroad tracks will be subject to "moving Berlin walls", with 30-40 shipments per day; a serious problem. (Merchants Parking Lot) Cm Kamena noted that the Council recently approved a two-hour parking limit for the Herchants' Parking Lot and he asked if signs have been posted. Mr. Lee indicated that there are four signs which have been posted in the parking lot but there will be three signs at the entrances which have been ordered but have not been completed. Hopefully they will be posted this week also. (ACTEB Meeting) Cm Kamena indicated that representatives of ACTEB will be casting votes for Title VI funds and he would like direction from the Council as to how he should vote. The Council authorized Cm Kamena to go ahead with prioritizing the projects to be funded. Mayor Tirsell indicated that funds may come through for home insulation and Mr. Parness might authorize the Building Depart- ment to be alert to this and conserve time by helping to identify the homes that would qualify for insulation through funding. (Discussion re Courtroom Addition, etc.) Mayor Tirsel1 asked the City Manager to arrange a meeting between Council representatives, Valerie Raymond and Loren Enoch, concern- ing the addition to the court facilities, the parking availability, the Christmas tree lot, the north access, and the application that may be coming to the City for commercial development on that property. This matter should be discussed sometime early in the new year. Mr. Parness indicated that the County will be discussing some of these issues on Thursday and Mayor Tirsell indicated that she will try to attend that meeting. ADJOURNMENT There being no further Council business, Mayor Tirsell adjourned the meeting at 11:50 p.m. to an executive session to discuss litigation. APPROVE ~~ m {71-1 ~~-1JL_ Mayor ~.rd C "i Clerk rmore; California ATTEST CI'-i-34-438 Regular Meeting of December 19, 1977 A regular meeting of the Livermore City Council was held on December 19, 1977, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:05 p.m. with Mayor Tirsell presdiding. 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. MINUTES - 11/28/77 P. 403, under item relative to Soc. Concerns Meeting, last para- graph should read: They need direction as to Council policy and procedures for future rounds of funding. ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF 11/28/77, WERE APPROVED AS AMENDED. P.H. RE HCD GRANT FUNDS ~1ayor Tirsell commented that the City has received word that additional funding in the amount of about $70,000 may be avail- able to the City through the HCD grant, which the City didn't know about previously. ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANI- MOUS VOTE, THE PUBLIC HEARING WAS REOPENED TO RECEIVE PUBLIC TESTIMONY CONCERNING HCD' GRANT FUNDS. Clarence Hoenig, 1288 Tyler, stated that he believes the Housing and Community Development Act requires that the City pay close attention to the housing component, and he feels this is not being done. Also, the housing coordinator position has been deleted from the grant application. The City staff indicated that one of the reasons behind deletion of the housing coordi- nator is that the Livermore Housing Authority will be getting a new executive director and it is believed that this person will fulfill some of the responsibilities of a housing coordi- nator. Mr. Hoenig indicated that the new director will be quite in- volved with the Livermore Housing Authority in Leahy Square in the near time frame for sure and he feels the City can't count other obligations being fulfilled. He would also sug- gest that if the half- time housing coordinator is to be de- leted that the job description of the director to place more emphasis on the housing and Housing Assistance Plan. Mr. Hoening stated that 1978 will be a transition year and it is anticipated that funding will continue for the next three fiscal years in amounts comparable to present alloca- tions. Therefore, it is important that the City show a balanced posture towards the Housing and Community Development Plan and a commitment for a half-time person, or more, to deal directly with housing and the Housing Assistance Plan. CM-34-439 December 19, 1977 (HCD Grant Funds) Jack King, 750 Moraga Drive, speaking on behalf of the Social Concerns Committee, stated that the $70,000 additional funding does come as a surprise and it is difficult to determine where the funds should go. Last week the Council approved the distribution of $206,000, and $40,000 was left for consideration. Hr. King stated that the Social Concerns Committee would like to recommend $26,000 for Buenas Vidas and to approve the half-time housing coordinator position and the quarter-time clerical position for the housing coordinator. They feel the request by the Fire Department for upgrading hydrants has merit and the number could be increased over the amount previously approved. They would also recommend funding for the Duarte garage. If the Council approves all of these recommendations it would leave an additional $24,000. i1r. Parness was asked if Ravenswood restoration would qualify for BCD grant funding and he indicated that it would not. Mr. King stated that the three projects they would endorse for fund- ing would be Garnet Austin, Interfaith Housing, and Tri-Valley Haven; one of which could receive funding through the remaining $24,000. Dave O'Conner from the Fire Department, stated that funding for the Fire Department will be used for the replacement of substandard fire hydrants and maintenance of leaky valves, etc. All of the work would be done in an area so as to meet the requirements of the BCD guidelines for grant funding. ~1r. Schilling explained, in response to a question by the Council, that the $17,280 request for a half-time housing coordinator would not be sufficient to cover the salary projected for that position - the staff has estimated a need of $21,000. The $24,678 proposed by the staff would include salary, benefits, plus a quarter time account clerk. Mr. King suggested that the projects for which land will be acquired and will require appraisals (Garnet Austin and Interfaith Housing) the appraisal money come from contingencies and allow the project allocation to remain as requested. The comment was made that the City is in the process of developing a Growth Management Plan for which expertise in housing will be needed. Perhaps the housing coordinator position could be funded at a higher amount with expansion of the description to include consultants. ~1r. King felt this \vould be a reasonable request. CIi STALEY MOVED TO ADD A $5,000 ALLOCATION TO THE HOUSING COORDI- NATOR'S BUDGET WITH THE U~DERSTANDING THEY C~N SUBCONTR~CT WITH ECHO OR ANOTHER GROUP FOR COUNSELING. !~OTION SECONDED BY CM KA!'1ENA, WHICH PASSED BY UNANP10US VOTE. ~1r. King indicated that lighting for Leahy Square would be a good project if there is funding remaining, but it has not been determined what the actual cost per light might be. Barbara Hempill, Administrative _Assistant for the Citv, explained that for the purpose of preliminary application the Council will be working with $377,000; however there is an additional $18,000 that will be available for the final application in January, for a total of $395,000. The Council should keep the $18,000 in mind ",!hen reviewing the preliminary allocations. CT-1- 34 -4 40 December 19, 1977 (P.H. re HCD Funds) The comment was made that the County will contribute $10,000 to Buenas Vidas; therefore a $23,125 contribution by the City will cover costs for materials to be used by the Jaycees in rennovation of facilities. In discussing the various applications, concern was expressed concerning the Livermore Housing Authority application which includes an amount for cathodic protectors. It was felt that there may be a possibility of obtaining funds through HUD grants for this purpose which would allow that amount to be allocated to another project. The following projects were approved, as originally recommended by the Social Concerns Committee, with amounts shown where changes were made: Multi-Service Center; LARPD; Garnet Austin; Interfaith Housing; Livermore Housing Authority; Livermore Fire Department ($45,000); HCD Administration ($24,678); Tri-Valley Haven; Housing Coordi- nator/ECHO ($30,000); Buenas Vidas ($23,125); Urban County Coordi- nator ($5,808). Jerry Wilverding, 4886 Primrose Lane, stated that Mr. King recom- mended funds for the Duarte garage and he would like to endorse this recommendation. The staff was asked if a project can be added at a later time, perhaps with the additional $18,000, and Mr. Schilling indicated that contingency funds can always be spent for another project through an amendment, provided it does qualify for HCD funding. Mayor Tirsell reminded the Council that when this item was dis- cussed a motion was made that the structure would be preserved but local public monies would not be spent on the restoration of the Duarte garage. It was mentioned that a question was raised as to whether there may be additional funds available under the original construc- tion grant for the Livermore Housing Authority project. The staff should be instructed to find out if there are other funds that could be added for possible completion of the project. The suggestion was made that perhaps the contingency fund could be used if estimates for lighting for Leahy Square come in at $52,000. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE RECO~1MENDATIONS MADE BY THE SOCIAL CONCERNS COMMITTEE AND THOSE AMOUNTS CHANGES, AS REFLECTED ABOVE, WERE APPROVED. P.H. RE CENTRAL AREA ELEMENT - GEN. PLAN It is the intention of the Council to adopt the Central Area Element of the General Plan this evening. The public hearing was continued from the meeting of last week for further discus- sion and testimony. CM-34-44l December 19, 1977 (P.H. re Central Area Element - Gen. Plan) Mr. Nies commented that if the Council wishes to make changes to the P.C. recommendations the matter should be referred back to the P.C. for a report. With respect to implementation, the amend- ments to the Zoning Ordinance are before the P.C. and once the Council has made a firm decision on the Plan then it would corne up as the implementation. The City Attorney commented that the resolution would have to be amended if there are changes made but there will be a meeting on January 30th during the day and the resolution can be adopted at that time. The proper procedure would be a motion to adopt the Central Area Element based on Planning Commission recommendations with certain changes. This would be embodied in a resolution that could be adopted following the return of a report from the P.C. on the areas of difference between the proposed General Plan adoption by the Council and their recommendation. Mr. Nies was asked for an explanation of the CS Zoning and he indi- cated that the CS can be implemented with the CS Zone or a general commercial zone. The CS Zone is one that presently allows hotels, restaurants, etc., and there are a number of conditional uses permit- ted such as auto oriented type of uses. The P.C. is considering moving some of the uses in the CUP category into permitted use categories. Mr. Ng, 2435 Longview Drive, San Leandro, stated that in speaking with Cm. Souza he was told that the P.C. is considering rezoning of his property to CS. He has not had time to review this zoning and whether or not it would be catastrophic in terms of plans for development. Owners of his property do feel that the previous Co recommendation would have destroyed the property completely because there is no demand for office space in the City. He stated that at the time they agreed to participate in the track relocation assessment it was with the understanding that the prop- erty would be allowed commercial development. They assumed a very large assessment with the understanding that they could develop commercially and they feel it would be unfair to deny them this advantage. It was explained to Mr. Ng that CS Zoning would allow a number of commercial uses to develop in that area. Mr. Ng commented that his problem is that they have a buyer for the property with a specific tenant and with the present zoning this tenant may not be allowed. Anita Thorsen, Chairman of the Design Review Committee, stated that the Committee supports the concept of the Central Area Ele- ment, as shown in Design No.4. They recommend that the north extension of "N" Street through the proposed shopping area should be designated as a shopping mall and that Railroad Avenue, between "0" and "M" should be designed as a landscaped as a pedestrian mall with vehicle traffic limited to a single undulating lane in each direction. The Design Review Committee feels that vehicular access should be provided in and out of the parking areas from "M", "N", and "0" with vehicular access on "N" diverted north and south. Douglas Wordell, 20443 Center Street, Castro Valley, owner of a parcel at Stanley Boulevard and Hurrieta (behind the Shell station) stated that the property is presently zoned CO--H and he would object to removal of the H, as they feel CO zoning would restrict the use and limit the chance to sell the property. Crl-34-442 December 19, 1977 (P.ll. re Central Area Element - Gen. Plan) John Regan, 672 South "Nil Street, stated that he isn't familiar with Council action that may have been taken concerning the P.C recommendation relative to supermarkets on the undeveloped S.P. property. It was explained that the Council has not dealt with this, as yet.b Mr. Nies added that the recommendations that will be corning to the Council form the P.C. do not show any change for that property but there is a proposal that would change the status of supermarkets from CUP to not allowing supermarkets in the downtown area. This is not something that will be discussed at this particular time. Mr. Sidhu, 1533 Vancouver Way, stated that the Council seems to favor providing a through street for Railroad Avenue but he feels the suggestion for a mall is good. In his opinion it will be increasingly difficult for S.P. to develop the property as the years go by and he believes S.P. could develop a couple of depart- ment stores that a town of this size could support. He would recommend that the City point out the problems and allow them to proceed from there. r'1at DeMercurio, owner of Stan 'N' Play Ceramics on Railroad Avenue, stated that if the City adopts a plan for widening Railroad Avenue the street widening will cut into his building because he is next to the curb. This would eliminate his office and classroom area and 13 ft. into his main building. This would put him out of busi- ness. If the Council adopts a plan other than an 88 ft. right-of- way, his property would not be affected. Mr. Lee explained that there is an off-set in Railroad Avenue through the intersection of "L" Street and it is intended to widen the street and curve to the north to better align Rail- road Avenue. This procedure would cut into the property owned by Mr. DeMercurio and financial compensation would be made. Dan Hanesworth from S.P. Development, stated that they would like to emphasize a change in the designation of fire zone in the downtown area. Mr. Nies commented that the P.C. has addressed this subject and it should be referred to the Fire Department. Mr. Hanesworth added that the concept of a north/south mall would be acceptable and is one S.P. could endorse. ON MOTION OF CH STALEY, SECONDED BY CH DAHLBACKA AND BY UNANI- MOUS VOTE, THE PUBLIC HEARING WAS CLOSED. RECESS Mayor Tirsell called for a brief recess after which the Council meeting resumed with all members of the Council present. The Council makes the following recommendations concerning the Central Area Element: 1. Shifting the Pedestrian Hall between "P" and "L" Streets to a North-South Axis: a. Agrees with the concept of the north-south mall. b. Supports an 88 ft. right-of-way no design at this time. c. Statement 5, on Page 2, of the text will be reworded to reflect the change. cr1-34-443 December 19, 1977 (P.H. re Central Area Element - Gen. Plan) d. A precise alingment for the mall is not being adopted but the extent of the mall should be through the S.P. property. e. 88 ft. right-of-way (Section B. on page 4 would need to be rewritten, and circulation map amended to designate Railroad Avenue between "P" and "L" as a collector street. f. North-south mall to be implemented as a condition to development of the property when development is actually proposed. The City Attorney explained that concerning the condition to de- velop, the requirement need not be for full dedication but rather for construction of some type of pedestrian access, in order to alleviate possible transportation congestion through the use of automobiles. g. Zero lot line for Railroad Avenue and "N" St. h. Include verbage indicating that the mid-section of the shopping area will not have turning lanes or the lanes will narrow to minimize the visual impact of a straight shot down Railroad Avenue. i. In the mid-section consideration should be given for pedestrian flow north and south. Such considerations should be reduction of lanes and elimination of turning lanes or anything that would accentuate pedestrian flow north and south at the mid-section of the block. j. "N" Street will be a mall completely, through the S.P. property. CM STALEY MOVED TO AMEND THE PLAN IN THE MANNER INDICATED, AS PER COUNCIL DISCUSSION, AS REFLECTED ABOVE. MOTION SECONDED BY CM TURNER. Bill Zagotta, 5155 Lillian Street, speaking as a private citizen, indicated that the Planning Commission felt that development along Railroad Avenue would be done at the expense of development along "N" Street. Some words should be included to try to direct the development along "N" Street. If a protection of this kind is not included the mall may not materialize for the next 20 years. The Council concurred that Design No.4, is the design the Council would prefer and that emphasis should be placed on building along "N" and Railroad Avenue. THIS WILL BE INCLUDED AS A FORMAL ATTACH- MENT . MOTION PASSED BY UNANIMOUS VOTE. Discussion concerning area east of "superblock". The collector street width should stop at "L" - standards will remain the same as the standards used east of "L" Street because most of the curbs have been installed east of "L" Street, i.e., streets will be made compatible. 2. Changing the Plan from an Office Designation to a Commercial Service Designation on the Ng Property: The Council discussed the Ng property and which designation should be selected. The P.C. has recommended a change to o (office) rather than the present CG (general commercial). CM-34-444 December 19, 1977 (P.H. re Central Area Element - Gen. Plan) Support was expressed for allowing CS (commercial service) land use designation for the Ng property but the argument was made that general commercial development in that area would seriously swing the focus from the main central section of the town to the west. It was mentioned that it would be a mistake to place the dense uses and newest development on the periphery of the CBD. The heavy commercial should be tied to the present downtown with commercial development less intent and less dense on the periphery. This would be the advantage of the CS or co. CM STALEY MOVED TO APPROVE THE CS DESIGNATION FOR THE NG PROPERTY, SECONDED BY CM DAHLBACKA, AND PASSED 4-1 (Cm Turner dissenting). 3. The Objections to the H Combining Zone: The comment was made that combining zones is an archaic planning tool that is not appropriate for the area west of "S" Street and Holmes Street. a. The area should be less dense, and less traffic types of commercial development than the central area. b. 0 was intended to be used as a buffer between resi- dential and commercial uses because offices are closed at night, are not 24-hour uses, and generally do not have a lot of lighting and glare. c. A CS designation for property adjacent to Murrieta Boulevard would not be compatible with the Plan. d. Prefer to eliminate the "H" overlay. CM DAHLBACKA MOVED TO DESIGNATE THE PROPERTY BETWEEN FENTON AND MURRIETA, SOUTH OF STANLEY BOULEVARD, 0 (office), AS RECOMMENDED BY THE P.C. MOTION SECONDED BY MAYOR TIRSELL. In discussing the motion the comment was made that this is a very large parcel and there are already a number of non- conforming uses (station, dairy, savings and loan) in addi- tion to the fact that a car wash has been approved. The uses already approved and 0 designation does not seem to be compatible. MOTION FAILED 2-2 (Cm Kamena and Turner dissenting and Cm Staley abstaining). Mr. Nies explained that the P.C. recommended 0 for that area because they were concerned that commercial uses were being extended too far west. The comment was made that the reason for the CUP procedure is to allow uses that might be compatible with the area; therefore some commercial uses could be allowed in an area designated for office use. The office designation would be a good buffer between the existing residential and commercial uses. CM-34-445 December 19, 1977 (P.H. re Central Area Element - Gen. Plan) The Ng property has natural boundaries, i.e., the railroad tracks to the north and a major street to the south, and this is why it is not unreasonable to allow CS for that area. If the large parcel bounded by Murrieta and Fenton is designated commercial the focus for commercial development will be drawn to the west of the CBD area, and this is what the Council wished to avoid. It was suggested that the matter be referred to the P.C. for review and that they be given the opportunity to comment on the Council decision to allow CS for the Ng property. The argument was made that it doesn't seem reasonable to permit CS on the north side of Stanley but to deny CS on the south side. CM DAHLBACKA MOVED THAT THE COUNCIL ACCEPT THE P.C. RECOMMENDATION TO DESIGNATE 0 (office) FOR THE PROPERTY BOUNDED BY MURRIETA, FENTON, AND STANLEY. MOTION SECONDED BY MAYOR TIRSELL AND FAILED 2-2 (Cm Kamena and Turner dissenting - Cm Staley abstaining). The City Attorney was asked for advice as to how the City can work with a General Plan amendment that is not complete, for 1978. He indicated that he would recommend a motion adopting the designations on the two properties for which there was con- sensus, and deleting the one property for which no decision was made. Hopefully, the item is minor enough to wait for the first General Plan amendment of the new year. It was noted that this parcel can be included and voted upon at the next Council meeting which has been scheduled for Friday, December 30, 1977. Item will be referred to the P.C. for report. MOTION TO SUSPEND COUNCIL RULES ON MOTION OF CM DAHLBACKA, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COUNCIL SUSPENDED THE COUNCIL RULES TO PERMIT DISCUSSION OF COUNCIL BUSINESS UNTIL 12:00 MIDNIGHT. DISCUSSION RE GENERAL PLAN TEXT It was the consensus of the Council to add the following wording under B. Street Modifications, to II. Circulation and Parking policies: The one-way cuplet of First and Second Street is to be pursued when feasible, to improve traffic flow in downtown Livermore. Page 5., III Design Policies, A. 2. should read: Consideration 8fte~%a shall be given...etc. Page 7., under Landscaping, Item 7. should read: Planting should be designed to deciduously shade the south and west walls of buildings and as much of the roof area as possible. CM-34-446 December 19, 1977 (Gen. Plan Text) Page 8., under IV. Implementation, Item 7. should read: Amend the Zoning Ordinance to require a minimum 2:1 parking for large building sites in excess of one acre in the "CB" Zones. Item referred to P.C. for comment. REPORT RE TRANSIT SYSTEM OPERATION Bids have been received for a Livermore Transportation system and the Transportation Advisory Committee has submitted a written report relative to the recommended operator, Saturday service, and proposed route changes. Mr. Schilling indicated that with respect to the variation in bid specifications, it is staff opinion that if the City is to accept a bid other than one which is fully qualified in all respects, all bids would have to be rejected and call for new- bids. The staff further concurrs with the recommendation de- veloped by the Transportation Advisory Committee which was to accept the lowest totally qualified bid. Jerome Jones, 1120 Madison, representing the Transportation Advisory Committee (TAC) stated that the Committee would recommend the bid be awarded to Patchett's, the second low bidder. The reason TAC makes this recommendation is because all of the bidders, with the exception of Patchett's, asked for waivers. The problem stems from the requirement to post a performance bond due to the amount of insurance that would be needed to cover this type of operation. Bay Area Transportation Corporation has asked that they be allowed to use the buses as a demonstration of good faith and if they failed to meet their commitments the buses would belong to the City. This is the second consideration the City is being asked to review. Mr. Schilling stated that although Patchett's does not presently operate a municipal system, they have demonstrated considerable expertise from people who have previously managed and operated municipal bus systems in other cities, during meetings with the staff. This was impressive to the TAC members as well as the staff. Concern was expressed that the smaller buses might be more desirable for use in this City and Mr. Jones indicated that experience in other cities shows that the larger buses, such as proposed by Patchett's, are needed to handle the bus load. CM TURNER MOVED TO ADOPT THE TAC RECO~ENDATIONS 1 THRU 4 AND TO DIRECT THE STAFF TO PREPARE A RESOLUTION AWARDING THE BID TO PATCHETT'S, SECONDED BY CM STALEY. The Council discussed the possibility of Obtaining buses with air conditioning. The General Manager for Patchett's in this area, explained that the buses do not have air conditioning but over the period of the contract an honest effort will be made to provide buses with air conditioning as they are replaced or are available. The problem at this time is that buses with air conditioning cannot be located. It was mentioned that the staff may wish to make this a condition of the contract - that they are pursuing the acquisition of air-conditioned buses, but the City Attorney felt a letter of intent would be of little legal value. CM-34-447 December 19, 1977 (Bids for Local Transportation) The majority of the Council felt that if air-conditioned buses are not provided, people will not ride. The Patchett representative indicated that they have to be honest in saying that the buses they have been promised from the brokerage firm by start-up day, will not be air-conditioned. However, this does not preclude the possibility that they may be able to obtain some air-conditioned buses by June 5th. Mr. Jones stated that air-conditioned buses are difficult to obtain and the City was nearly ready to enter into a contract with AC Transit for buses without air-conditioning. .oncord still operates a bus system with buses that are not air-conditioned. Mr. Schilling asked that the Council consider the fact that the City may be able to purchase new equipment in the future and with the start up of this equipment the City would be able to determine the demand and the kind of equipment that might be needed. MOTION PASSED BY UNANIMOUS VOTE. REPORT RE COUNCIL CHAMBER DESIGN In accordance with Council direction the architect for the City Adminstration building, Council Chamber, design will present a revised floor plan design for the Council Chambers. The Council discussed Design #1 which would provide a room for four Councilmembers and a room for the Mayor, as well as Design #2 which provides a room for five Councilmembers and a separate room for conference purposes. The Council generally concurred with the redesign for the front portion of the room where the Councilmembers will have separate desks, and Design #2 was selected. The architect explained that the restroom facilities are not ~&J'~<AL .. sufficient to cover the needs of a full-house Council, and tit (1.~nu~":t-z:~ eRe restrooms will have to be used on some occassions. However, 1 there is no overhead covering from the main building to the Council Chambers building and for this reason minimum restroom facilities will be provided in the Council Chambers building, to eliminate the need to depend on the facilities of the main building. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY A 4-l VOTE (Cm Kamena dissenting) THE SECOND ALTERNATIVE AND PLANS PRE- SENTED WERE APPROVED. RESO. AUTH. EXEC. OF CONTRACT FOR SALE OF CITY PROPERTY The City Manager reported that based upon competitive bidding for the City property, 236S First Street, a contract of sale in the amount of $75,500 has been prepared in favor of Ryon and Moir. Negotiations are being conducted on the continued occupancy of a portion of the building by the Purchasing/Reprographic Departments. It is recommended that the Council adopt a resolution authorizing execution of agreement with Ryon and Moir. CM-34-448 December 19, 1977 (Bids for City Property) ON MOTION OF CM DAHLBACKA, SECONDED BY CM TURNER AND BY UNANI- MOUS VOTE, THE RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH RYON AND MOIR WAS ADOPTED. RESOLUTION NO. 293-77 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Ryon and Moir) REPORT RE CITY HALL PROPERTY The City Manager reported that concernin~ the sale of the City Hall propepty at 225D~First Street, a contract of sale has been prepared including the bid price set at $102,000. The terms re- quire that the buyer post 25% of the purchase price with the balance to be received within 90 days following notice from the City to do so. After receipt of the total purchase price the City would be obliged to pay a monthly rental equivalent to the interest loan cost of the 75% balance, until the time of vacation of the premises. The City Manager explained that the contract of sale and the lease agreement have not been finalized and this item will be coming back to the Council for approval. REPORT RE SALE OF LOTS - TR 3758 (Dogwood Site) The City Manager reported that relative to the proposed sale of City-owned lots on the Dogwood site, the property has been subdivided into 8 lots, 1 of which would be purchased by Cal Water, and 7 of which were to be sold. . A conflict has arisen concerning the fact that 6 of the 7 lots would be allowed building permits and sewer connections and 1 lot could not be developed. Rather than going through the lengthy and costly process of re-subdividing the property it is recommended that the sale of the property, as Tract 3758, be tabled until such time the Council decides to reactivate residential land subdivision. It is also recommended that the Council adopt a motion re- jecting all bids received. The Council discussed the alternatives available and con- cluded that the only alternative would be to adopt the recom- mendation of the City Manager. CM STALEY MOVED TO TABLE THIS MATTER, WITH DIRECTION TO THE CITY MANAGER TO CONTACT THE SUCCESSFUL BIDDER TO INDICATE THAT IF THE BIDDER WOULD ACCEPT FIVE LOTS THE CITY IS PRE- PARED TO FOLLOW THROUGH WITH SALE OF THE LOTS. The City Attorney commented that on a pro-rata basis, per lot price, may result in reaching a figure that is close to other bids received and which could cause problems. CM STALEY MOVED TO TABLE THE ITEM, SECONDED BY MAYOR TIRSELL, WHICH PASSED 3-2 (Cm Dahlbacka and Cm Turner dissenting). CM-34-449 December 19, 1977 INTRO. OF ORDINANCE RE PARKING VIOLATIONS The City Attorney reported that a new state law requires the Municipal Court to assess a supplemental $5 fee against all misdemeanors. This would mean that the current $5 fee for parking violations, included under "misdemeanors" would be raised to $10. He would recommend that the Council introduce an ordinance amendment to place parking violations under "infractions", and the parking fee would remain at $5. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE ORDINANCE AMENDMENT RELATIVE TO PARKING VIOLATIONS WAS INTRODUCED AND READ BY TITLE ONLY. INTRO. OF MUNI. CODE AMEND. RE COUNCIL SALARY The City Attorney reported that a new section of the Government Code has come into effect wich provides that Council salaries may be increased by 5% for each year since the salary was last increased. The last increase for Council salary was approved in 1969. State law does prohibit any incumbent Councilmember from receiving an increased salary set during his or her term and therefore, any increase in the level made at this time would affect only future Councilmembers. Present members of the Council will continue receiving the old compensation of $200 per month for the remainder of their present term. ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY 4-1 VOTE (Cm Kamena dissenting) THE ORDINANCE AMENDMENT RELATIVE TO CITY COUNCIL SALARY WAS INTRODUCED AND READ BY TITLE ONLY. CONSENT CALENDAR P.C. Minutes - 11/15/77 The Planning Commission minutes for the meeting of ll/15/77 were submitted for informational purposes. Departmental Reports The following Departmental Reports were submitted for Council review: Building Inspection - November Mosquito Abatement District - October Municipal Court Receipts - October Police and Pount Departments - November Reso. Auth. Final Accept. of Tr. 3607 The public works improvements for Tract No. 3607 have been com- pleted in accordance with City plans and specifications, a bond has been posted to assure correction of construction defects and the Council adopted a resolution accepting Tract 3607 (Great American Land). RESOLUTION NO. 294-77 A RESOLUTION AUTHORIZING FINAL ACCEP- TANCE OF TRACT 3607 (Great American Land) CM-34-450 December 19, 1977 Warrant - 12/14/77 There was one warrant in the amount of $16,318.83, dated 12/14/77, and approved by the City Manager. Reso. Approving Contract Amend. JBrendlinger) The Council adopted a resolution authorizing an amendment to the Sewer Connection Agreement between Charles H. Brendlinger and the City for property located on South front Road. RESOLUTION NO. 295-77 A RESOLUTION AUTHORIZING AMENDMENT TO CON- TRACT (Brendlinger Sewer Connection) APPROVAL OF CONSENT CALENDAR ON MOTION OF CM TURNER, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. COMMUNICATION RE RECONSIDERATION OF AGENDA ITEM The Council received a letter from Robert A. Seligson requesting that the Council reconsider a request for a CUP (R. E. Sibert) to allow a real estate office in a neighborhood shopping center. As part owner of the property he received notice of the Planning Commission hearing but not the Council hearing during which action was taken to deny the application. Item noted for filing. NOTICE OF HEARING RE SEWAGE DISPOSAL SYSTEMS POLICY STUDY The Council received notice of a Board of Supervisors hearing scheduled for January 12, 1978, concerning "Sewage Disposal Systems Policy Study", which was noted for filing. COMMUNICATION FROM EPA RE AMENDMENTS TO THE CLEAN AIR ACT The EPA has notified the Council that President Carter has signed into law amendments to the Clean Air Act. The amended Act contains a number of provisions that may significantly affect local governments and the EPA would urge local offi- cials to contact the Air Resources Board to discuss amended requirements. Item noted for filing. CM-34-45l December 19, 1977 REPORT RE 2-HOUR PARKING LIMIT The Director of Public Works reported that the merchants in the area of the Livermore Plaza have requested a two-hour parking time limit to be reinstalled on Third Street between "L" and "M" Streets. ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE COUNCIL APPROVED THE REQUEST FOR THE TWO-HOUR PARKING LIMIT ALONG THIRD STREET. REPORT RE PROPOSED CBD OFF-STREET PARKING The report concerning the proposed CBD off-street parking plan was noted for informational purposes and will be discussed at a later date. INTRO. OF ORD. RE SEWER CONNECTION CHARGES ON MOTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE MUNICIPAL CODE AMENDMENT RELATING TO SEWER CONNECTION CHARGES WAS INTRODUCED AND READ BY TITLE ONLY. CITY MANAGER ITEM The City Manager reported that the new lessee of the airport has asked that the date of the contract be extended to Year 2011. The Council indicated that they are not prepared to grant the request and asked that this item be scheduled for discussion as a later agenda item. (MTC Grant) Mr. Parness reported that the City recently received approval for an additional $300,000 from the MTC for the purchase of property for the BART station. MATTERS INITIATED BY THE COUNCIL (LAVWMA Meeting) Cm Turner reported that bids for the LAVWMA Pipeline Project came in at about $10 million under the anticipated price of the pipeline and this matter will be discussed in Dublin on December 22. He invited Councilmembers to attend the meeting. ADJOURNMENT Mayor Tirsel1 adjourned the meeting at l2:30 a.m. to a 9:00 a.m. meeting on December 30, 1977, in the Conference Room of City Hall. APPROVE 'llA' ~ ~~-~j ./ Mayor oi~t<Jt~~,L 1 .-Clerk Li ermore, California ATTEST CM-34-452 Adjourned Regular Meeting of December 30, 1977 An adjourned regular meeting of the City Council of the City of Livermore was held on Friday, December 30, 1977, at 9:00 a.m. in the Conference Room of City Hall, 2250 First Street, Livermore California. ROLL CALL Present: Cm Dahlbacka, Turner, Staley and Mayor Tirsell Absent: Cm Kamena (seated later) MINUTES - 12/5/77 ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF DECEMBER 5, 1977, WERE APPROVED AS SUBMITTED. OPEN FORUM - No comments voiced. CM KAMENA SEATED AT THIS TIME. CONTINUED DISOOSSION RE CENTRAL AREA ELEMENT TO THE GENERAL PLAN The Council discussed the report from the P.C. concerning recom- mendations made by the Council at the meeting of January 19th concerning the Central Area Element for the General Plan. 1. A. 5. third line should indicate that buildings should be clustered around the mall with consideration of a zero foot setback. Alternative language was also offered in consideration of the above item: "The goal will be that the first development in that area will require all buildings to have an opening on the mall, for the first phase of development." This would insure that the area developed first would tie into the downtown. There was discussion as to whether this wording should appear under GOALS or IMPLEMENTATION; it was concluded that this is not really appropriate under GOALS. The Council discussed the suggestion for zero setback and it was noted that if there is to be no access and zero setback for Railroad Avenue, it might be reasonable to allow a loading zone. The following wording was adopted for 1.A.5., third line: "Buildings should be clustered around the mall with special consideration given to zero foot setback on Railroad Avenue, and be generally located between "M" and "0" Streets. Parking and circulation should be located on the eastern and western portions of the property between "P" and "L" Streets and there should be no parking between the lot lines and property on Railroad Avenue." CM-34-453 December 30, 1977 (re Central Area Element - Gen. Plan) Discussion followed concerning the objectives and the Council generally agreed that the first phase of development must tie into the First Street area and that the City avoid development that would leave the present CBD cut off from the new commercial area. It was also suggested that the City meet with the landowners to spell out the City's desire for development and to layout the development plan so that everyone will understand the City's intent. "In the first phase of development provide a north- south pedestrian link between lip" and "L" Streets from Railroad Avenue to the existing commercial development on First Street. ) I 17/ &f~ UIj;,J / 'JC~t; v .L"t':1 .t'_u.,t''-'.........z n\Ato.;I ..........tWJ"""'u.~..,.....'-& .......""'" _w .............., ~."'...'-""'-4 .......-- ...........- have a CS designation while property across the street is different. It might be reasonable to allow Murrieta Boulevard to be the natural boundary for commercial development. Perhaps the property adjacent to the Ng property should be developed CC (central commercial) with a natural flow of central commercial development into the Railroad Avenue area. The eastern portion of the City is designated CS and is being developed for used car lots, etc., as the City wanted and the western part of the business district could be allowed the uses permitted in CC. Another argument would be that BART stops in the area of the Ng property and people could shop there. The comment was made that CS would be compatible with the transpor- tation system and the City needs a place for buses. The property adjacent to the Ng property would be appropriately designated CS. It was pointed out that the City presently has 83 commercial acres that need to be developed. The CS designation allows development of uses that require a large amount of land. The heaviest concen- tration should be focused back downtown with less commercial uses as you go away from the downtown. If during the next 20 years (life of the General Plan) the 83 acres have been developed and there is need for additional commercial property, the outlying areas can be changed for higher commercial uses. NO CHANGE MADE TO THE AREA DESIGNATED SERVICE COMMERCIAL (B. Page 2.) Page 2, C. OFFICE. In discussing the large parcel presently shown as office designation, bounded by Murrieta on the west and Stanley on the north, it was suggested that perhaps this parcel should be divided with the western portion CS and the eastern area bounded by Fenton, office. It was noted that approval of a CUP will allow any use at any time and the zoning or designation not necessarily need be changed. However the Council scrutinizes CUP applications and many are not approved. If a use is determined compatible with the area it could certainly be allowed under the provisions of the CUP. Discussion involved the possibility of future plans for VMH and at present about the only place they could develop additional facilities would be on the large parcels of land in that vicinity, such as the Holdener property area. CM-34-454 December 30, 1977 (re Central Area Element - Gen. Plan) Dr. Gerald Severin indicated that the hospital staff at one time had considered locating a portion of its facilities in another location. They considered purchasing the Hacienda Convalescent Home for the use of orthopedic services, physical therapy or perhaps psychiatric services. However, the hospital is operat- ing below budget and will probably continue in this way for some time. It was mentioned that possibly it would be better planning to provide for CC, 0, and CS, all under one designation, such as is done in the industrial area. In the industrial areas there is the one designation with different intensities allowed within that area. The City Attorney commented that the designation of "Commercial" would be legally adequate. CM DAHLBACKA MOVED TO ADOPT THE PLANNING RECOMMENDATION TO DESIG- NATE THE AREA SOUTH OF STANLEY, EAST OF MURRIETA AND WEST OF FENTON, "0" (office). MOTION SECONDED BY MAYOR TIRSELL WHICH \~~~LED 2-3 (Cm Kamena, Turner and Staley dissenting). ~~~CM STALEY MOVED TO SPLIT THE AREA TO SHOW TWO DESIGNATIONS I WITH THE BOUNDARY SPLIT ALONG THE EASTERLY BOUNDARY LINES - ALONG~HE HOLDENER DAIRY PROPERTY AND WHAT IS SHOWN AS LOT #10. THE PROPERTY TO THE WEST OF THE DIVIDING LINE SHALL BE DESIGNATED "CS" (commercial service) AND THE PROPERTY TO THE EAST SHALL BE DESIGNATED "0" (office). MOTION SECONDED BY CM KAMENA. The question was raised as to whether this would mean a change for the present use of the properties, and it was explained that the designation proposed would change nothing at this time but the zoning must conform to the General Plan designa- tion, which is being decided at this point. It was suggested that there be some type of a buffer between the two designations as a noise buffer and possibly some type of pedestrian access. IT WAS CONCLUDED THAT A 20 ft. NORTH/SOUTH BUFFER WOULD BE A REASONABLE BUFFER WITH NO DEVELOPMENT OR PARKING IN THAT AREA. CM DAHLBACKA MOVED TO AMEND THE MOTION TO INCLUDE THAT THERE SHALL BE NO BUILDING ON THE EAST LOT LINE AND AT A LATER TIME THE P.C. WILL BE DIRECTED TO DISCUSS THE PROPER SETBACK. AMENDMENT SECONDED BY CM STALEY. The City Attorney was asked if the CS designation for the Holdener Dairy property would affect the use of their recently approved sign and he indicated that the intent of the condition is that the use does not change while the sign remains. As long as the use is the same the sign is allowed, as per the CUP provisions. It will be a non-conforming use in any case. \ ) ,.10.".1 ':' AMENDMENT PASSED BY UNANIMOUS VOTE. ~ MAIN MOTION PASSED 4-l (Cm ~~s:e DIRECTION WAS GIVEN TO THE STAFF TO ASK THE P.C. TO DISCUSS SETBACK AS THEY REVIEW THE ZONING AND THAT THE COUNCIL WOULD PREFER NO PARKING IN THE BUFFER AREA. CM-34-455 December 30, 1977 (re Central Area Element - Gen. Plan) ON MOTION OF CM STALEY, SECONDED BY CM DAHLBACKA AND BY UNANIMOUS VOTE, THE RESOLUTION AMENDING THE GENERAL PLAN WAS ADOPTED AND THE NEGATIVE DECLARATION ACCEPTED. RESOLUTION NO. 296-77 A RESOLUTION AMENDING THE LIVERMORE GENERAL PLAN RECESS Mayor Tirsell called for a brief recess after which the Council meeting resumed with all members of the Council present. DISCUSSION RE AIRPORT LEASE The City Manager reported that the City received an application for assignment of the industrial ground lease from Airport II, Ltd., to United Security Products Corporation. The Council approved the assignment but there was an oversight of an addi- tional lO year extension to Year 20ll. The staff feels the requested term extension is reasonable in view of known lending requirements, and would recommend approval of the proposed amendment for inclusion in the agreement. Concern was expressed for allowing longer and longer extensions on airport property agreements because the City may want to do something different with that property. Mr. Parness explained that the property in this case is not airport land but rather property acquired for the treatment plant. It is not involved in the Airport Master Plan but rather easterly of the airport confines, known as Airport II. CM TURNER MOVED TO ADOPT A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT, SECONDED BY CM DAHLBACKA. Prior to the vote the City Manager and the City Attorney indicated that they believe the additional 10 year term was a condition of the agreement relative to receiving financeing. The City Attorney stated that ground lease financing is getting more and more difficult to obtain, and the lenders want all the security they can possibly obtain. It may be true that this is not necessarily in the best iriterest of the City but this is a matter of judgment in that it might not be prudent to deny this type of request if it is required by the lender. Discussion followed concerning the possibility of having a 10 year option at the end of Year 2001, rather than extending the lease the additional 10 years. The City would gain the land and the building if the lessee declined the additional 10 year option at the end of the lease term; however, if the lease is extended to Year 2011, the building would not belong to the City with the expiration of the lease. The City Attorney added that at the extension of the lease, if extended to Year 20ll, will not include an option to extend the term. CM-34-456 December 30, 1977 (Airport II Lease) MAIN MOTION PASSED BY UNANIMOUS VOTE. RESOLUTION NO. 297-77 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Airport II, Ltd., Ted R. Greene, Alice R. Greene, and the City) CONSENT CALENDAR Reso. Rej. Claim The Council adopted a resolution rejecting the claim against the City by Sheridan M. Kerr. RESOLUTION NO. 298-77 A RESOLUTION REJECTING THE CLAIM OF SHERIDAN M. KERR Payroll & Claims There were 179 claims in the amount of $296,805.12, and 317 pay- roll warrants in the amount of $115,521.56, for a total of $412,326.68, dated December l6, 1977, and approved by the City Manager. 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 STAFF (CETA Contract) The City Clerk explained that there is a minor wording change concerning the amount of funding for CETA administration and she would like direction from the Council concerning initialing of the amendment. She added that the amount will not be changed and the amendment is minor. The Council approved the change, provided the City Attorney finds no problem with the amendment. MATTERS INITIATED BY THE COUNCIL (CETA Projects) Cm Kamena reported that the project list submitted for CETA funding was approved by the ACTEB Board. Mr. Parness added that he understands Cm Kamena did a spectacular job in defending the projects and Ann Duncan also deserves a lot of credit for getting these items approved. CM-34-457 December 30, 1977 (Motor bikes in area of Joyce Street) / Cm Turner stated that while visiting with someone who lives on Joyce Street he observed that the noise from the motor bikes behind Joyce Street and Lillian Street is very excessive and would like the City Manager to see what can be done. Mr. Parness indicated that he has spoken with the Chief of Police about this very subject and it is the intent of the Police Department to rigidly enforce the regulations concerning motor bikes in residen- tial areas. (Todd Murray at Super Bowl) Cm Turner noted that Todd Murray will be representing the Oakland Raiders and Livermore at the Super Bowl festivities on January lSth. Todd has a chance to win the pass, punt, kick championship and Cm Turner would like to request the preparation of a proclamation signed by all of the Councilmembers and perhaps plan a Todd Murray Day in Livermore for that day. Staff will prepare an appropriate resolution. (Property for Sale in Robertson Park Area) Cm Dahlbacka stated that during the meeting with LARPD representatives it was mentioned that there is property for sale in the vicinity of Robertson Park and they would be interested in future acquisition of this land. Perhaps the staff could look into the matter and report back to the Council. Staff concurred. ORD. RE PERS CONTRACT ON MOTION OF CM STALEY, SECONDED BY CM KAMENA AND BY UNANIMOUS VOTE, AN URGENCY ORDINANCE RELATIVE TO CONTRACT AMENDMENT FOR THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM WAS ADOPTED. ORDINANCE NO. 938 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVERMORE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF LIVERMORE AND THE BOARD OF ADMINI- STRATION OF THE CALIFORNIA PUBLIC EMPLOY- EES' RETIREMENT SYSTEM. ORD. RE CITY COUNCIL SALARY ON MOTION OF CM KAMENA, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE ORDINANCE AMENDING COUNCIL SALARY WAS ADOPTED. ORDINANCE NO. 939 AN ORDINANCE AMENDING SECTION 2.l.l, RELATING TO CITY COUNCIL SALARY, OF CHAPTER 2, RELATING TO ADMINISTRATION, OF THE LIVERMORE CITY CODE, 1959. CM-34-458 December 30, 1977 ORD. RE PARKING PENALTY - GEN. PENALTY ON ~OTION OF CM STALEY, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE COUNCIL ADOPTED A RESOLUTION RELATING TO GENERAL PENALTIES OF THE LIVERMORE CITY CODE, 1959. ORDINANCE NO. 940 / AN ORDINANCE AMENDING SECTION 1.7, RELATING TO GENERAL PENALTIES AND CONTINUING VIOLATIONS OF THE LIVERMORE CITY CODE, 1959, OF CHAPTER 1, RELATING TO GENERAL PRO- VISIONS; AND AMENDING ARTICLE V, RELATING TO STOPPING, STANDING AND PARKING, OF CHAPTER l3, RELATING TO MOTOR VEHICLES AND TRAFFIC, OF THE LIVERMORE CITY CODE, 1959, BY THE ADDITION OF A NEW SECTION, 13.41.1, MAKING CERTAIN VIOLATIONS INFRACTIONS. ADJOURNMENT There being no further Council business, the Council meeting adjourned at ll:35 a.m. ATTEST -Ale" ~ YY\ CJ1/. LJ p } fL Mayor APPROVE C1ty Clerk Livermore, California CM-34-459