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
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Mayor
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Livermore, California
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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
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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
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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
~~. '~
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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.
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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.
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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
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./ 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/
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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"
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CJ1/. LJ p } fL
Mayor
APPROVE
C1ty Clerk
Livermore, California
CM-34-459