HomeMy Public PortalAboutCC MINS 1975
Regular Meeting of January 6, 1975
A regular meeting of the City Council of the City of Livermore
was held on January 6, 1975, in the Municipal Court Chambers,
39 South Livermore Avenue. The meeting was called to order at
8 ~O p.m. with Mayor Pritchard presiding.
ROLL CALL
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Present: Cm Turner, Miller, Tirsell and Mayor Pritchard
Absent:
Cm Futch (seated later in the meeting).
PLEDGE OF ALLEGIANCE
Mayor Pritchard led the Council members as well as those present
in the audience, in the Pledge of Allegiance.
CM FUTCH WAS SEATED AFTER THE PLEDGE OF ALLEGIANCE.
MINUTES
On motion of Cm Miller, seconded by Cm Tirsell and by a 4-0
vote (Cm Futch abstaining due to absence at that meeting) the
minutes for the meeting of December 16, 1974, were approved as
submitted.
OPEN FORUM
(No. Livermore Traffic)
Paul Tull, 2243 Linden Street, stated that at the last meeting he
brought up the matter of the amount of traffic on North Livermore
Avenue and the need for an EIR for North Livermore Avenue. There
is no mention of anything about this in the agenda and he asked
if anything is being done.
Mr. Lee explained that he is working on a report concerning this
item and it may possibly be ready by next week.
P.H. RE ZOo ORD.
AMEND. TO RS DISTRICT
Mayor Pritchard asked that Mr. Musso report some of the background
concerning the proposed zoning ordinance amendments to the RS District,
prior to opening a public hearing.
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Mr. Musso explained that a minor amendment has been suggested by
the Planning Commission relative to the industrial regulations to
provide that in the event there is a backing lot treatment to a
major street, in an industrial area, the setback provision would
be the same for the backing lot, as would be the front. He then
explained the reasons for suggesting addition of RS-l.5 and 2.5
Zones, deleting the average thirty (30) feet rear yard in the RS-5
District, consideration of a change in rear and side yards and
Maximum Developable Floor Area. He explained that the discussion
on the floor area was a major item of discussion and it has been
recommended that the 30% for the RS-5 be deleted and that 25% develop-
able floor area be allowed for the RS-l, 2, 3, 4, and 5 Districts,
with an increase of 35% after two years if not in violation of setback
requirements. He stated that the major change would be with the
recommendation concerning the developable floor area.
CM-29-l59
January 6, 1975
(P.H. Re. z.o. Amend.
to RS District)
MAYOR PRITCHARD OPENED THE PUBLIC HEARING AT THIS TIME.
THERE WAS NO PUBLIC TESTIMONY VOICED AND ON MOTION OF CM TIRSELL,
SECONDED BY CM FUTCH AND BY UNANIMOUS VOTE THE PUBLIC HEARING WAS
CLOSED.
CM TIRSELL SYTATED THAT BASICALLY SHE IS IN AGREEMENT WITH THE
RECOMMENDATIONS MADE BY THE PLANNING COMMISSION AND MOVED THAT
THE RECOMMENDATIONS BE ADOPTED, SECONDED BY CM FUTCH.
Cm Miller stated that the City Council had asked the Planning
Commission to consider recommendations for side yards and the
back yard and that these items should once again be discussed.
em Turner stated that the reason he recommended 12 foot side
yards was because this would allow access to the back yard from
either side of the house. Normally, 10 feet would be sufficient
but because of the overhangs he would suggest 12 feet because
the full 10 feet cannot always be utilized, with which Cm Miller
concurred.
Mr. Musso commented that the 14 feet on one side and 10 feet on
the other (which the P.C. has recommended) guarantees that one
side can be used as side yard access.
em Turner stated that he would like to recommend that if the
Council approves the recommendation for the 14 feet and 10 feet
for the side yards, that the 14 feet be on the garage side of
the house so that the driveway can be expanded with concrete
to accommodate access to the side yard, which was followed by
discussion.
CM TURNER MOVED TO AMEND THE MOTION TO STATE THAT THE SIDE YARDS
BE A MINIMUM OF 10 FEET WITH THE LARGEST SIDE YARD PROVIDED ALONG
THE GARAGE SIDE OF THE HOUSE, WITH A TOTAL OF 24 FEET OF SIDE YARD,
SECONDED BY CM TIRSELL AND PASSED UNANIMOUSLY.
Cm Turner stated that under Purpose, Section 5.10, there is mention
of provision of a wide range of housing costs for all income groups
and wondered if the Council should discuss this aspect and it was
felt that this should be a General Plan consideration that would
apply to all the residential ordinances and em Miller added that
the Ramapo:Ordinance provides that one house out of every ten
will be dedicated to the Housing Authority which provides low
income housing allover the J G.ty rather than in a designated area.
Cm Miller noted that the Planning Commission has recommended that
in the RS-5 District, the average of 30 feet rear yard be removed
and to provide for a minimum twenty-five (25 ft.) rear yard. He
explained that the reason the average 30 feet may be deleted from
RS-5 is because a calculation indicated that this could not be
done if the developable floor area was expanded to 35%. The solution
to this problem would be for the initial plans to provide an average
of 30 ft. with a minimum of 25 ft. after two years. CM MILLER
MOVED THE FOLLOW AMENDED WORDING FOR SEC. 5.42 (b) ......Minimum
twenty-five (25) feet, average thirty (30) feet. Rear yards may
be reduced to twenty-five (25) feet after two years from the
date of final inspection by the City Building Department........
SECONDED BY CM TURNER.
em Futch stated that he feels the change suggested by Cm Miller is
not necessary and that this would be more difficult to use and
em Miller stated that actually what he has suggested would loosen
the standards. He added that the idea is that people should be
allowed to expand their houses and should not be prohibited from
CM-29-l60
January 6, 1975
(P.H. re Z.O. Amendments
to RS District)
doing so by virtue of backyard setbacks. He explained his point
by using illustrations on a blackboard, while discussing it with the
Council.
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Mayor Pritchard stated that what Cm Miller has suggested will mean
that originally there must be an average of 30 feet, and if this is
removed, as suggested by the Planning Commission, there can be a
minimum of 25 feet immediately which em Miller stated is correct.
AT THIS TIME THE AMENDMENT TO THE MOTION MADE BY CM MILLER PASSED
4-1 (Cm Futch dissenting).
THE MAIN MOTION THEN PASSED BY UNANIMOUS VOTE.
The staff was directed to prepare the ordinance for introduction.
CONSENT CALENDAR
Res. Auth. Exec. of
Agree. - Railroad Ave.
The Southern Pacific Development Company has granted a small parcel
of property from the existing operating trackage area that will per-
mit the extension of Railroad Avenue so as to intersect E. Stanley
Boulevard and it is recommended that the Council adopt a resolution
authorizing execution of agreement.
RESOLUTION NO. 1-75
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
AND ACCEPTING EASEMENT FOR STREET DEDICATION.
(Southern Pacific Development Company)
Res. re Grants for
STEP & Youth Services
The City Manager reported that in order to qualify for the new
program budget allocations for STEP (Strategic Team Enforcement
Program) and Horizons (Youth Services) the City Council must adopt
resolutions authorizing our application for a new grant. It is
recommended that the Council adopt a resolution authorizing the
City Manager to make application for the grants and to complete
the necessary materials therefor.
RESOLUTION NO. 2-75
A RESOLUTION AUTHORIZING APPLICATION FOR FEDERAL GRANT
FOR THIRD YEAR FUNDING: VALLEY YOUTH SERVICES CENTER
RESOLUTION NO. 3-75
A RESOLUTION AUTHORIZING APPLICATION FOR
FEDERAL GRANT FOR SECOND YEAR FUNDING:
STRATEGIC TEAM ENFORCEMENT PROGRAM
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Payroll & Claims
There were 55 claims in the amount of $73,584.63 and 279 payroll
warrants in the amount of $86,874.77, for a total of $160,459.40,
dated December 19, 1974, ordered paid by the City Manager.
There were also 98 claims in the amount of $352,417.52 dated
December 30, 1974, ordered paid by the City Manager.
CM-29-l6l
January 6, 1975
Various Minutes
Minutes were received from the following:
Planning Commission minutes of December lO, 1974
Greens Committee minutes of November 14, 1974
Investment Committee minutes of December 18, 1974
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM MILLER, SECONDED BY CM FUTCH AND BY UNANIMOUS VOTE
THE CONSENT CALENDAR WAS APPROVED.
REPORT RE SEWER CON-
NECTION AGREEMENT
(Calvary Temple - Arroyo Rd.)
Mr. Musso reported that the Calvary Temple of Assembly of God, 2200
Arroyo Road, is a use that was established in 1967 as a church and
developed with a septic tank. They now wish to expand and have come
to the City of Livermore requesting sewer connection. The staff has
processed the sewer connection request and most of the planning con-
siderations were routine and reflect what the County previously ap-
prover. He stated that there is some problem with respect to the pro-
posed widening of Arroyo Road in that the right-of-way will end up
being within five feet of the church structure. There will be five
feet between the bike trail and the church wall.
There was discussion and an illustration on the blackboard concerning
the footage from the center line of the road to the curb and Cm Futch
pointed out that at one time there was discussion of placing the bike
path on the other side of the street and Mr. Musso explained that the
placement of the Sunset homes along Arroyo Road dictates that the bike
trail will have to be on one side of the road with the horse trail on
the other side of the road; now the County wants them both on the
east side.
Mr. Musso explained that, originally, when the church was approved
there were plans for an 88 foot right-of-way, rather than the l02 ft.
right-of-way considered necessary at this time.
Cm Futch wondered if the Council is considering whether or not the
bike path should be on the church side of the street and it was
noted that it has to be on the church side because of a decision
made a long time ago and that this cannot be changed.
Cm Miller stated that he would assume the people from the church
are concerned about the fact that the bike path will be only five
feet from the church and wondered if something could be adjusted
so that the right-of-way may be moved further from the church with-
out compromising too much on what the City wants to do with respect
to the bike paths. He stated that one thing which could be done
would be to paint the curb red where emergency parking is indicated/
which would mean another five feet from the building. ~~~
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em Futch commented that perhaps it could be conveyed to the County
that the City would consider allowing a narrower right-of-way than
normal and should discuss, at this point, what would be considered
reasonable for the width.
Ed Hutka, speaking on behalf of the church board, stated that the
proposed widening of Arroyo Road has nearly destroyed the master
plans for the church and he feels since the Veteran's Administration
Hospital has reduced the facility down to lOO beds that Arroyo Road
no longer should receive major access treatment.
CM-29-l62
January 6, 1975
(Sewer Connection Agreement
Calvary Temple)
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Mr. Hutka continued to state that I-580, between Dublin and Oakland
is only four lanes with treatment less than what is proposed for
Arroyo Road, and that I-580 is sufficient with the four lanes except
during the peak commute hours. He stated that widening of Arroyo
Road will cost approximately $5 million - more than what the County
receives in a year from gasoline tax - and would suggest that the
public be allowed the opportunity to discuss widening of a road
which no longer handles a large amount of traffic. He asked if
the Council would consider forming some type of benefit district
for the sewer connection since the sewer facilities are not used
on a daily basis. He pointed out that the City has changed the
lines for the parking lot and yet they have to satisfy the County
and they feel very frustrated in having to deal with both the City
and the County. He stated that Calvary Temple is willing to par-
ticipate, on an equitable basis, with adjoining property owners in
the widening of Arroyo Road, provided it is widened within l5 years.
Mayor Pritchard stated that he would like to see the proposals made
by Mr. Hutka, on behalf of the board, in writing with staff comment
on them with no action taking place at this time.
CM TURNER STATED THAT HE WOULD AGREE HE WOULD LIKE THE OPPORTUNITY
TO REVIEW WHAT HAS BEEN SAID AND MOVED TO POSTPONE THIS ITEM UNTIL
JANUARY 20th - TWO WEEKS, SECONDED BY CM MILLER.
em Futch mentioned that the widening of Arroyo Road is a joint pro-
ject with the County and would suggest that Mr. Hutka and the other
representatives speak with people from the County before the City
comes to a decision.
CM TIRSELL MOVED TO AMEND THE MOTION TO DIRECT THE STAFF TO MAKE
A RECOMMENDATION AS TO HOW A BIKE PATH AND EQUESTRIAN PATH COULD
BE PROVIDED USING LESS SPACE.
Cm Miller stated that he feels a more reasonable approach would be
to look at how we can narrow the widening and try to accommodate
the church property as much as possible. As far as the other re-
quirements of the City for sewer connection, he would not be willing
to abandon until the staff has reported as to what is felt to be
necessary for the protection of the City.
THE AMENDMENT WAS INCLUDED IN THE MOTION WHICH PASSED BY UNANIMOUS
VOTE.
RECESS
Mayor pritchard called for a brief recess at this time after which
the Council meeting resumed with all members of the Council present.
REPORT RE BUS STOP
LOCATIONS FOR
PIONEER BUS LINE
The City Manager reported that the Pioneer Bus Line proposed the
addition of two stops on Livermore Avenue so as to inter-connect
with the BART bus stops and it is recommended that the Council
adopt a motion authorizing the two bus stops, as proposed.
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ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE, THE RECOMMENDATION WAS ADOPTED.
RESOLUTION NO. 4-75
A RESOLUTION AUTHORIZING TWO BUS STOPS
(Pioneer Bus Line)
CM-29-l63
January 6, 1975
REPORT RE STATUS
OF CROSSWINDS LEASE
Mr. Parness reported that several months ago the Director of Finance
pointed out that the lea see of the Crosswinds restaurant was delin-
quent in rent payments which further compounded the problems of the
City in confronting the leasee about the administration of the lease.
Mr. Parness stated that upon being notified that the rent was in
arrears he contacted Mr. Casey, the owner of the corporation, who
responded by indicating that these matters had just been brought
to his attention also. Apparently the company was suffering from
an internal management problem which necessitated the bleeding of
proceeds from this operation in favor of two others that the cor-
poration had been come involved with in the Bay Area that proved
to be unsuccessful. Rent payments to the City were diverted to
other parts of the corporation structure and Mr. Casey has in-
formed Mr. Parness that amends would be made and full rent pay-
ments would be received by the City very soon. It has been approxi-
mately two months since he first contacted Mr. Casey to speak about
this matter. He stated that the rent is quite deficient which dates
back to about five months in the base payment which is $850 and
creditable upon the gross which is a variable figure - now set at
5% of the total gross and graduates upward to 6% in a couple of
months. He stated that a base payment was received today but
there is a deficiency of about five months in both the base
payment as well as the gross amount. The total amount of de-
ficiency is quite large - amounting to about $l6,000. Mr.
Parness stated that in defense of the Crosswinds Restaurant
Corporation they have been beset with a series of bad management
difficulties in their operations here and not reflective upon the
service to the public. The service has been especially good over
the past six weeks since the management has been assumed by a
local firm which intended to take over the ownership and operation
of the business; however, the purchase intended by the local firm
has been cancelled. A new arrangement has just been made by Cross-
winds Corporation for a presently operating restaurant entrepreneur
and with the Council's permission this firm will assume managerial
responsibilities beginning tomorrow. Mr. Parness has been assured
that this will mean full-time, on the job, determined, management
of this operation, to the extent that the gross will show a signi-
ficant increase over the succeeding months. He then read a letter
filed this afternoon with the City which indicates what the Cross-
winds Corporation intends to do with regard to their obligations.
The letter stipulates that they will pay half of the amount owed
to the City no later than Friday and that the balance will be
paid in the subsequent six months in equal monthly installments.
In addition, the plumbing deficiencies will be repaired and the
downstairs snack bar area will be fully reconditioned and well
appointed. Mr. Parness added that the amounts due and payable
to the City will include interest for the unpaid balance and
Mr. Parness is suggesting 7% interest. It has been suggested
that the outer patio area which is open be enclosed to incor-
porate this into the bar area to allow dancing which they feel
would be a great advantage in the new operations. Mr. Parness
would suggest that the capital cost be a responsibility of the
City and that the Crosswinds Corporation bear this amount with
credit toward the amount of rent payable to the City.
Mr. Casey explained to the Council the various problems that
beset the Crosswinds restaurant in both Alameda and Belmont
which were relieved when Mr. Gentile and Mr. Fisher, a CPA,
started managing these two restaurants and Mr. Casey indicated
that he regrets he did not know of these people three years ago.
The Belmont restaurant was grossing $9,000 in September and
in October at which time Mr. Gentile and Mr. Fisher undertook
management, the bar sales were $l3,20l, in November it went
to $l7,000 and in December $l9,905. Prior to their taking
over the management the bar had been very small but through
imaginative removal of walls on Friday and Saturday nights more
people can be accommodated. He stated that he is very hopeful
CM-29-l64
January 6, 1975
(Report re Status of
Crosswinds Lease)
with respect to the future of the Livermore Crosswinds restaurant
under this new management in view of the fact that they feel Liver-
more is in a better location than the Belmont restaurant.
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Mr. Gentile, stated that he plans to live in Livermore and devote
full time to the management of the restaurant and that his wife
will be helping also because he feels there is great potential
for the Livermore restaurant. He stated that he would be happy
to bring the Belmont menu to the Council because they do specialize
in gourmet dinners and they feel it is second to nothing. In his
opinion the restaurant should be run by professionals rather than
young people with no experience even though the idea of having fresh
young faces was previously felt to be appealing to patrons. He would
have people who are interested only in the restaurant business and
not intending to work for a short period of time while attending
college or planning to leave the restaurant after a short time for
one reason or another.
Mr. Parness reviewed the plans suggested by Mr. Casey and Mr. Gentile,
including the back rent and added that with the expansion of the bar
area to include the patio the City would be responsible for the ex-
terior portion to a maximum cost of $5,000, creditable against the
rent. The upstairs plumbing would be improved to meet the satisfac-
tion of the City staff and the downstairs snack bar area would be
completely renovated.
em Futch wondered if the expansion will alter the architectural design
and Mr. Parness indicated that it would, to some extent, because there
will not be a building indentation. However, it was anticipated when
the building was originally designed that the indented areas would one
day be consumed.
Mr. Gentile commented that he feels the expansion will create a very
pleasant appearance from the outside and should actually be a very
good addition to the appearance of the inside. He also agreed, at
the suggestion of em Futch, to work with the Design Review Committee
on this item.
Cm Turner noted that the first past due payment is due on January lO,
and asked if they have the money to meet the first payment and Mr.
Casey indicated that they have every intention of making the payment
on time. Cm Turner also indicated that he feels the $5,000 the City
will spend for the exterior and to be credited against the rent should
not be credited to any of the rent in arrears.
Cm Miller and Tirsell also agreed with this point and Cm Tirsell
pointed out that the back rent is supposed to be paid to the City
with interest.
Cm Turner stated that in his op1n1on the $5,000 should be done
through a separate agreement and to go towards future payments
rather than towards any delinquent payments. He added that he
feels this would be an indication of good faith on the part of the
corporation in that they intend to make the back payments. There
would be a credit towards future rent from this date forward. The
six payments due the City should take place regardless of whether
or not the improvement or expansion is approved.
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Cm Miller asked about the amortization for the $5,000 and Mr. Parness
stated that this has not been spelled out, as yet, but can be worked
out by the staff by calculating what the approximate gross would be
with the allowance of a fair return to the company less the amount
that would be payable to the City for future rent, probably in the
area of eight months.
CM-29-l65
January 6, 1975
(Report re Status of
Crosswinds Lease)
CM FUTCH MOVED THAT THE COUNCIL APPROVE THE RECOMMENDATION OF THE
CITY MANAGER WITH THOSE ADDITIONS SUGGESTED BY CM TURNER AND THAT
IF THE FIRST PAYMENT IS NOT RECEIVED ON JANUARY lOth THE CITY
WILL PROCEED WITH DEFAULT CHARGES, SECONDED BY CM TIRSELL WHICH
PASSED BY UNANIMOUS VOTE.
em Turner suggested that perhaps the Council should consider re-
quiring that the improvements and funding for the downstairs
snack bar take place prior to expansion and improvements for
the upstairs area. He pointed out that already there are delin-
quent payments due to the City and feels uneasy about spending
more money for improvements.
Mr. Casey indicated that the City's $5,000 will be spent over
a number of months and yet he intends to spend at least this
amount just in the coffee shop.
COMMUNICATION FROM
VMH RE PHYSICIANS
A letter was received from Valley Memorial Hospital listing
hospitals that provide residency programs in General or Family
Practice throughout the United States.
Mayor Pritchard stated that in talking with doctors about the
lack of general practice physicians it was noted that many areas
are suffering from a lack of physicians engaged in general prac-
tice. One of the reasons is because if anything goes wrong people
ask why a specialist was not consulted and the doctor is taken
to court. Unfortunately, this discourages the number of doctors
going into general practice and the reason doctors are specializing.
COMMUNICATION RE
SOLID WASTE MANAGEMENT
Alameda County Planning Commission has approved a status report
on the Solid Waste Management Plan for Alameda County for distri-
bution and authorized distribution of the draft report which was
forwarded to the Council for their information with a note to
contact Mr. William Fraley with comments or questions.
Cm Miller commented that the portion of the report related to
recycling was interesting and was done well.
COMMUNICATION FROM COUNTY
RE FLOOD CONTROL & WATER
CONSERVATION DIST. (Zone 7)
A resolution adopted by the Zone 7 Board of Directors establish-
ing an increase in the basic charge of a Zone 7 water connection
was submitted to the Council for information.
em Miller stated that there have been questions raised as to
whether or not the connection fee is adequate to take care of
Project 2 and as he recalls, the staff was directed to provide
an analysis of the rate structure and projections and would like
to see such an analysis.
MTC MEETING NOTICE
A letter was received from Joseph P. Bort, Chairman of the Plan
Revision Committee for the Metropolitan Transportation Committee
(MTC) informing the Council that all comments relative to re-
vision of the Regional Transportation Plan are welcome.
CM-29-l66
January 6, 1975
COMMUNICATION FROM STATE
WATER RESOURCES BOARD RE
KAISER LANDFILL PROPOSAL
The City Council received a copy of Resolution 74-74 adopted by the
State Board of Water Resources Control authorizing a contract with
Converse, Davis and Associates for review of the proposed Kaiser-
Radum sanitary landfill.
COMMUNICATION FROM CITY
OF CERRITOS THANKING
CITY FOR PARTICIPATING
AS FRIEND OF THE COURT
A letter of thanks was received from the City of Cerritos with respect
to our participation as a Friend of the Court in the matter of HFH,
Ltd. and Von's Grocery Company vs. Superior Court, Nos. 44,246 and
44,247.
COMMUNICATION FROM
MRS. HOWE RE KGO TV
EDITORIAL RE NEW TOWN
Janice L. Howe submitted a copy of a letter sent to Don Sutherland
of KGO TV in response to an editorial aired on his station with
respect to New Town. She indicated that she was very distressed
and disagrees with the whole tenor of the editorial which supported
the development of the new town and wished the Council success in
the battle against its development.
REPORT RE HOUSING AND
COMMUNITY DEVELOPMENT ACT
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The City Manager explained that the Housing and Community Development
Act of 1974 - Title I is a new federal program whereby the federal
government has aggregated many of the former categorical grant pro-
grams under one umbrella scheme. This includes open space grants,
water and sewage, urban renewal, housing assistance, etc. The allowance
for expenditure of the funds is not as generalized as was the case
with general Revenue Sharing but is not as restrictive either.
However, there are limitations and the program is going to be very
carefully regulated. The essence of the program is that the intent
of the federal government is to improve the lot of the low and moderate
income groups in a community through housing betterment. We are
joinning together with seven other cities for joint application
of funds, which happens to be the only viable option available
to the City, for a total amount of $4.5 million for Alameda County
and its seven participating cities, over three succeeding year terms.
The apportionment will be based on a formula that includes the factors
of population, housing overcrowding, and poverty and the last factor
is to be doubled. Using this formula and applying it against all
the participants in this consortium it would appear that Livermore
would qualify for approximately l3.67% of the total $4.5 million
or about $620,000 over a three year period. Unfortunately, there
is little time available for the City's consolidation of supportive
material and documentation because this must be forwarded to the
county and assimilated with information from all seven cities into
one application for submittal to ABAG and to HUD. Our information
must be submitted to the county by January 30, 1975. Most of the
information has been obtained and with the Council's prior permission
there has been the addition of a staff member to help in getting
this ready. He then introduced Chuck McKinley, the new staff mem-
ber, to the City Council. Mr. Parness continued to say that the
contract which is appearing before the City Council this evening
has been drafted by the county (which was prepared by Martha
Whittaker our former Assistant City Attorney) and is being transmitted
to all of the participating cities this week. The contract specifies
CM-29-l67
January 6, 1975
(Report re Housing and
Community Development Act)
that we must comply with the stipulations of the federal government
and must honor the county time scale, etc. It should be noted that
the county has no authority to dictate how Livermore's apportion-
ment should be spent, this is entirely up to the decision of the
Council. In this respect the federal statute is adamant about the
input from the community as to how the funds should be utilized
and requires that the City holds at least two public hearings and
more meetings if it is felt to be necessary. Mr. Parness has scheduled
the first hearing for Thursday, January 9th, at which time the staff
will handle the reception of the public input and would hope that
the Councilmembers might be able to attend this meeting which is
for the purpose of hearing how the citizens feel the funds should
be spent. The second hearing is recommended to take place with
the City Council at the regular meeting of January 20, 1975, and
would leave the remaining week for compilation of suggestions and
input from the two hearings. It is recommended that the Council
adopt a resolution authorizing execution of agreement with the
County for this program and also a resolution approving a tempor-
ary staff addition of an administrative aid at a salary rate of
$l,OOO per month.
em Turner stated that in the agreement that goes to the county
he would like wording added to reflect that the cities would
like to receive a portion of the advance monies as was mentioned
by Bill Zaner, City Manager of Union City.
The City Attorney suggested that the Council adopt the resolution
of agreement, as it is presented to the Council, and he will make
the addition as suggested by Cm Turner to the agreement which will
be attached to the resolution.
CM TURNER MOVED THAT THE RESOLUTION OF AGREEMENT BE ADOPTED AND
THAT WORDING BE INCLUDED IN THE AGREEMENT ATTACHED TO THE RESOLU-
TION WHICH INDICATES THAT THE CITIES WOULD LIKE TO RECEIVE A POR-
TION OF THE ADVANCE MONIES, SECONDED BY CM TIRSELL AND PASSED BY
UNANIMOUS VOTE.
RESOLUTION NO. 5-75
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
(County of Alameda)
CM MILLER MOVED THAT THE COUNCIL ADOPT A RESOLUTION AUTHORIZING
THE TEMPORARY EMPLOYMENT OF MR. MC KINLEY, SECONDED BY CM TURNER
AND PASSED UNANIMOUSLY.
RESOLUTION NO. 6-75
A RESOLUTION AUTHORIZING TEMPORARY EMPLOYMENT
OF ADMINISTRATIVE AIDE (Charles C. McKinley).
em Miller stated that he would like an answer as to whether or
not these funds could be used for the fOllowing various things
and does not need an answer this evening:
(a) purchasing and upgrading of old houses (under the auspices
of the Housing Authority)
(b) purchase of new houses for low income housing (scattered
allover the City)
(c) some type of replacement for Tubbsville residents
(d) for public transportation
(e) for child care
(f) for health clinics
CM-29-l68
January 6, 1975
REPORT RE FIRE STATION
NO. 4 SITE
em Miller stated that he would like to see the resolution authorizing
condemnation of a parcel for Fire Station No.4, prior to discussing
the matter and Mayor Pritchard stated that he would also be interested
in knowing who conducted the appraisal.
~
CM MILLER MOVED TO POSTPONE THE MATTER OF THE FIRE STATION SITE UNTIL
JANUARY l3, 1975, SECONDED BY CM TURNER AND PASSED UNANIMOUSLY.
Mr. Parness commented that he would appreciate it if the Council
would look at the site and give an indication as to whether or
not the Council approves of the site in order that the City might
find a means of gaining occupancy of the grounds prior to the date
when eminent domain may be completed.
At this time the Council reviewed the proposed site at the corner
of Holmes Street and Concannon Boulevard, and Mr. Parness stated
that the City might be able to arrange for occupancy of the site
with possibly some type of lease arrangement with the owner until
condemnation proceedings have been concluded. Mr. Parness stated
that the owner is insistent that this go through condemnation and
refuses to talk about a price.
CM TURNER AT THIS TIME RAISED A POINT OF ORDER - The matter has
been postponed.
Cm Miller stated that when this item comes before the Council on
January l3th that he would like a report as to what other sites
were considered and the pros and cons regarding location at other
sites.
REQUEST FROM COUNTY
RE APPOINTMENT TERM
- MOSQUITO ABATEMENT DIST.
Mayor Pritchard stated that if it meets with the approval of the
Council he would like the matter of the appointment term of William
Jenkins to the Mosquito Abatement District to be discussed during
an executive session, with which the Council concurred.
REPORT RE LIABILITY
INSURANCE PROGRAM
(
The City Manager reported that our local insurance broker has
alerted the staff to an impending cancellation in March by our
carrier of our public liability insurance. This is being done
due to the current economic fluctuations and insurance market
conditions, as explained in a letter submitted by our agent Gene Morgan,
It is recommended that in view of the current status of affairs
it is considered advantageous to authorize our local broker to ne-
gotiate a public liability insurance policy with proper market sources
and with the most economic result possible. It is the expert con-
clusion of Mr. Morgan that the City would gain nothing in competitive
bidding at this time for insurance coverage and would like to nego-
tiate a coverage for the City's liability insurance plan. Mr.
Parness stated that he would like to add that this be done for
one year only because next year in March our fire insurance coverage
will expire. A~ that time he would come to the Council and request
permission to retain outside expert service in reviewing our entire
insurance program for all of the various facets - liability, bonds,
airport, fidelity, and general liability. At that time specifications
can be prepared for use in competitive bidding. A service such
as this may be obtained for something in the area of $2,500 and
should be done in the fall. Mr. Parness stated that the staff
recommendation would be to allow our present insurance agent to
negotiate the extension of our general liability insurance coverage
CM-29-l69
January 6, 1975
(Report re Liability
Insurance Program)
for a one year term from and after a termination - March of this
year - with the anticipation that next year we will go to competitive
building with professional assistance for a combined insurance package
plan. SO MOVED BY CM TURNER AND SECONDED BY CM TIRSELL.
Cm Miller stated that he will have to vote no on the motion as
he was very uneasy two years ago at which time the City did not
go to the bid system and what he feels is the only reasonable
protection for the public.
em Turner stated that, normally, he would agree with the point
made by Cm Miller; however, the Council is considering no more
than a one year extension and it would not seem reasonable to
go to the expense of preparing for a bid process for this short
period of time. If the City were looking for a long term insur-
ance plan he would fully agree that going out to bid would be
the only reasonable method by which a choice should be made.
Cm Tirsell stated that she would agree with the statement made
by em Turner in this respect.
AT THIS TIME THE MOTION PASSED 4-l (Cm Miller dissenting).
REQUEST FOR QUITCLAIM
TRACT 273l - NO ACCESS STRIP
At the request of the City Manager the request for the City to
quitclaim a one foot no-access strip in tract 273l was postponed
for one week, ON MOTION OF CM TURNER, SECONDED BY CM TIRSELL AND
PASSED BY UNANIMOUS VOTE.
REPORT RE FAIR LABOR
STANDARDS ACT - SB 4177
The Personnel Officer for the City of Livermore submitted a
report with respect to SB 4177 - Fair Labor Standards Act -
which is a bill to amend the Act of 1938 with respect to
effective dates of overtime provisions relating to employees
in fire protection activities and law enforcement activities.
ON MOTION OF CM MILLER, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE A RESOLUTION WAS ADOPTED SUPPORTING SB 4l77.
RESOLUTION NO. 7-75
A RESOLUTION SUPPORTING SB 4177
REPORT RE NEW EMPLOYEE
CLASSIFICATIONS
AFTER A BRIEF DISCUSSION CONCERNING THE REPORT FOR CITY EMPLOYEE
RECLASSIFICATION CM TIRSELL MOVED THAT THE STAFF BE DIRECTED TO
PREPARE A RESOLUTION APPROVING THE CLASSIFICATION CHANGES, SECONDED
BY CM TURNER AND PASSED BY UNANIMOUS VOTE.
REPORT RE SALARY
RESOLUTION CHANGES
The City Manager reported that in accordance with our labor rela-
tions agreements, certain changes in wage levels must occur,
CM-29-l70
January 6, 1975
(Salary Resolution Changes)
effective January l, 1975. This is based upon a survey conducted
by us among predetermined public employer agencies. The wage level
changes vary but the average is approximately 3.6%.
~
ON MOTION OF CM TURNER, SECONDED BY CM TIRSELL AND BY UNANIMOUS
VOTE A RESOLUTION WAS ADOPTED REFLECTING THE CHANGES.
RESOLUTION NO. 8-75
A RESOLUTION OF THE CITY OF LIVERMORE ES-
TABLISHING A SALARY SCHEDULE FOR THE CLASS-
IFIED AND UNCLASSIFIED EMPLOYEES OF THE CITY
OF LIVERMORE, ESTABLISHING RULES FOR ITS USE,
AND RESCINDING RESOLUTION NO. l05-74.
REPORT RE SB-lO
SURFACE MINING RECLA-
MATION ACT OF 1975
A report was submitted by the Director of Planning concerning SB-lO
(Surface Mining Reclamation Act of 1975) and it was noted that
industry members of the Quarry Committee are concerned with various
provisions of the legislation, which were listed in a written report
submitted to the Council and Cm Miller stated that he would agree
with their concern in Item 4 which would require that the site be
reclaimed for the highest and best use, with which Cm Tirsell agreed.
It was noted that they would not be in favor of any other changes.
CM MILLER MOVED THAT THE CITY COUNCIL DOES NOT AGREE WITH THE CON-
CERNS MENTIONED IN ITEMS l, 2, and 3 OF THE REPORT BUT WOULD ENDORSE
THE CONCERN OF THE QUARRY COMMITTEE NOTED IN ITEM 4, SECONDED BY
CM TIRSELL AND PASSED BY UNANIMOUS VOTE.
ORD. INTRODUCED RE
UNIFORM MECHANICAL CODE
1973 EDITION
ON MOTION OF CM TIRSELL, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE,
THE UNIFORM MECHANICAL CODE - 1973 EDITION, WAS INTRODUCED AND READ
BY TITLE ONLY.
A public hearing will be held on January 20, 1975, with respect to
this ordinance, as required by state statute.
WEEKLY STATUS REPORT
RE VARIOUS PROJECTS
At this time the City Manager presented his weekly oral report con-
cerning the status of the following projects:
Water Reclamation
Plant:
l. Transmission line complete
2. Reservoir not yet started
3. Telemetry equipment not finished under highway
4. Plant construction approximately 40% complete
5. About to begin with lift station to service
Junior College
('
.",
.....
Railroad
Relocation:
Status report distributed to Council
CM-29-l7l
___"_"__"__"__'M___.'_'_~__,,_,~_,__ .__._ ..__......_._.M_.._._..~<".,.,._._.."._._,."._____.__'_'_"_'''''_''''.
January 6, 1975
Railroad Reloca-
tion (Continued)
l. All property has been cleared
2. New track right-of-way partially
constructed and graded
3. In process of pouring abuttments
on the "p" Street installation
4. Fencing being relocated along
Railroad Avenue
5. Currently designing loop street
and preparing to go to bid
6. Status letter sent to merchants
7. Additional grant fund applied for
applicable to First Street improvements
8. Acquisition for First Street over-
pass in process at this time
Traffic Signals:
l. State has called for bids on the
Holmes/Concannon signals
(a) bids will be received by l-29-75
(b) work is to be completed within
three months or even sooner
2. First Street/Livermore property
acquisition in process
(a) tentative settlement obtained for
the northwest corner (Hub)
(b) bids should be ready for Feb.
Water System:
l. Lift station is in place and func-
tional for the Junior College water
transmission line - interconnection
with the Zone 7 line.
2. Water rates are being studied.
Building Department:
l. Engaged in concentrated in-service
training program among inspectors
by virtue of the new Codes adopted.
2. Most inspections being done are for
the S.P. commercial development
Street Department:
l. Concern re "L" Street traffic
during holidays
2. Has notified RR people of the
problem re railroad crossing in
that area.
Golf Course:
l. Oakland Scavenger has vacated
Corporation Yard premises
l. Improvement completed
2. Median strips will soon be planted
l. New sod for Tee #4
2. Unable to get to Tee #5 at present
3. Ten evergreen trees destroyed in
recent storm
Corporation Yard:
No. Livermore Avenue:
Public Works:
l. Fee revision will be submitted
2. Access problems to Junior College
Finance Department:
l. Capital Improvement budget underway
2. Operating budget to follow
planning Department:
l. Window survey
2. Staff work near completion for
Planning Unit #ll
3. Application by Pleasanton Garbage
for transfer station
CM-29-l72
January 6, 1975
(Weekly Status Report re
Various Projects)
IT WAS NOTED THAT THE CITY COUNCIL IS OPPOSED TO ANY PLAN WHICH
MIGHT ROUTE GARBAGE TRUCKS THROUGH THE CITY OF LIVERMORE.
,~
Police Department: 1. Junk dealer has been charged on some type
of offense and no longer can take junk cars.
Fire Department:
1. New vehicles should arrive in two weeks
2. Preliminary plans for Fire Station #l
(a) complete by January l5, 1975
(b) plan to go to bid by May l5, 1975
(c) estimated completion - September
3. Dispute over whom is responsible for
taxes on condemned property for Station #l
Transportation Study:
Proposed contract deed will be coming to
the Council soon - four firms interviewed.
Federal Emergency
EmploYment Program:
New enactment - $3.3 million will be made
available to Alameda County as a result of
the percentage of unemploYment in this county.
Our City will receive some funds also.
ADDITION OF MATTERS
INITIATED BY THE COUNCIL
Matters Initiated by the Council and staff was not listed as an
agenda item in accordance with new Council policy.
ON MOTION OF CM MILLER, SECONDED BY CM TIRSELL AND BY UNANIMOUS
CM MILLER MOVED TO ALLOW MATTERS BY THE STAFF AND THE COUNCIL
AND FOR THIS ITEM TO BE PLACED ON FUTURE AGENDAS, SECONDED BY
CM TIRSELL.
em Turner stated that he did not prepare anything for discussion
at this meeting because of the new ruling and that Mr. Parness
was not allowed to proceed with discussion of Fire Station #4.
In his opinion there should not be a discussion of anything unless
some type of emergency exists.
AT THIS TIME THE MOTION PASSED 4-l (Crn Turner dissenting).
(Report re Stark and
Urban Planning Study)
Cm Futch stated that he visited with Congressman Stark in order
to find out more about who asked the Corps of Engineers to conduct
a study on urban planning and Congressman Stark indicated that
John Murphy made a personal visit to Washington D.C. to speak
with Don Edwards who in turn called Pete Stark. Mr. Futch
stated that he has a copy of a letter subsequently sent to Pete
Stark by John Murphy regarding the Corps of Engineers. Cm Futch
felt this should resolve the questions presented to Mr. Elmore as
to how the Corps of Engineers became involved.
/~\
Cm Futch stated that if it meets with the permission of the Council
he has prepared a letter he would like to send to Pete Stark with
information Mr. Stark has requested.
The Council agreed that the letter could be sent as written.
CM-29-l73
January 6, 1975
Campaign Expenditures
of Supr. Hannon
Cm Futch asked if there was any information on Supr. Hannon's last
filing, and Mr. Logan replied that it had not been determined who
made contributions, however he plans to meet with Mr. Engel soon
to proceed forth on whatever course is appropriate and he would
then advise the Council.
ern Futch then asked if a discussion of Geldertown this evening
would be premature since he had not met with Mr. Engel, and Mr. Logan
stated he had no objection to an executive session to discuss the
status now and possible future moves on a legal front. He felt
it might be advantageous to meet so that he could have some direc-
tion from the Council.
Council Procedure
ern Futch stated that he felt the previous location of matters in-
itiated by the Councilmernbers should be reinserted. Mayor Pritchard
indicated this would be a good time to discuss Council Policy and
asked if there should be a subcommittee.of the Councilor if they
would prefer a study session to discuss Council policy.
The Council concurred that a study session would be preferable,
and it was their decision to meet at 7:00 p.m. on Monday, January
l3, to discuss Council Policy regarding this matter.
Letter from Supr. Cooper
ern Tirsell referred to the letter from Supervisor Cooper, regarding
his reasons for voting to amend the Alameda County General Plan to
allow county urbanization north of the City of Livermore and stated
it was her intent to rebut the letter and that she would furnish the
Councilmembers with a copy for their perusal.
ABAG BUDGET
Mayor Pritchard stated he had received a copy of ABAG's budget and
told the Councilmernbers that if they had any changes, additions or
deletions they would like to make to the budget or any comment, he
would like to have these given to him so he would know how to vote
when he attends the quarterly meeting.
ADJOURNMENT
There being no further business to come before the Council, the
meeting was adjourned at ll:45 p.m., to an executive session to
discuss one legal matter and one committee appointment.
ATTEST
Pro Tempore
APPROVE
C1ty Cler
Livermore, California
CM-29-l74
Regular Meeting of January 13, 1975
A regular meeting of the City Council of the City of Livermore
was held on January l3, 1975, in the Municipal Court Chambers,
39 South Livermore Avenue. The meeting was called to order at
B 14 p.m. with Mayor pro tempore Futch presiding.
ROLL CALL
Present: Cm Turner, Miller, Tirsell and Futch
Absent: Mayor Pritchard (Excused-Illness)
PLEDGE OF ALLEGIANCE
Mayor pro tempore Futch led the Councilmembers as well as those
present in the audience, in the Pledge of Allegiance.
CONSENT CALENDAR
Minutes
Minutes were received, as follows
Airport Advisory Committee - December 2, 1974
Planning Commission Minutes - December 17, 1974
Payroll & Claims
There were 57 claims in the amount of $48,099.95 and 284 payroll
warrants in the amount of $85,Ol9.86 for a total of $133,l19.8l,
dated December 31, 1974 and approved by the City Manager.
APPROVAL OF
CONSENT CALENDAR
On motion of Cm Miller, seconded by Cm Tirsell and by unanimous
vote the Consent Calendar was approved.
NOTICE OF BOARD OF
SUPERVISORS HEARING RE
PROPERTY AT NO. "P" ST.
& PORTOLA AVENUE
The City Council received a notice of a public hearing to be held by
the Alameda County Board of Supervisors with respect to rezoning of
property located on the north side of portola Avenue at the inter-
section of North "P" Street from A to C-l District.
CM MILLER MOVED THAT THE COUNCIL FOLLOW THE RECOMMENDATION OF THE
PLANNING COMMISSION FOR DENIAL OF THE REQUESTED REZONING AND THAT
A REPRESENTATIVE BE SENT TO THE HEARING, SECONDED BY CM TIRSELL.
Cm Miller noted that this property is within the Sphere of Influence
for the City of Livermore and the rezoning would be in conflict with
both City and County General Plans.
r-"
Cm Tirsell volunteered to attend the public hearing on behalf of
the Livermore City Council.
Mr. Musso mentioned that he would like to point out that an EIR
was not done for this and it would be a rather major rezoning
and also the General Plan was not amended to accommodate the
rezoning.
MOTION PASSED UNANIMOUSLY.
CM-29-l75
January l3, 1975
RE USE OF ACCESS THROUGH
RESIDENTIAL AREA TO GAIN
ACCESS TO ARROYO ROAD
The County Director of Public Works responded to the complaints
about people driving through the residential area between Valle-
citos Road and Arroyo Road for the purpose of gaining access to
~ croyo Road by indicating that no extension or realignment of
Wetmore Road is planned at this time. Members of the Council
felt that such realignment might prove to be the means of access
to Arroyo Road from Vallecitos Road.
) m Turner indicated that the letter from the County was not a
very satisfactory response to the question of how this matter
might be solved and suggested that the staff or Planning Com-
mission be asked to respond.
It was mentioned that a report is forthcoming from the Planning
Commission and ON MOTION OF CM MILLER, SECONDED BY CM TURNER
AND BY UNANIMOUS VOTE THE MATTER WAS TABLED PENDING RECEIPT OF
A REPORT.
REPORT RE SITE FOR
FIRE STATION #4
Mr. Parness reported that several sites have been studied and
brief statements submitted to the Council as to the reasons
some of the sites were rejected. The location recommended
by the staff for selection is the property located at the
corner of the commercial property located on Concannon Boule-
vard, northeasterly of the intersection of Concannon Boulevard
and Evans Avenue. Mr. Parness explained the reasons for select-
ing this particular site, noting that the station would be a neigh...,.-' ;
borhood station, small in size, and would require use of approxi-
mately l/2 acre of land. Qeuestions have been raised as to how
this use might affect the intended use of the rest of the property
and Mr. Parness indicated that it has been designed so as not to
interefere with plans for that area.
Cm Futch commented that when the CO Zone was allowed on this
property owned by Mr. Mehran, that the perimeter of the property
was supposed to remain a "greenbelt" area for the purpose of
bike paths and walkways and greenery connecting homes to Con-
cannon Boulevard. The proposed location for the fire station
is right in the middle of this greenbelt area which somewhat
destroys the usefulness of what was intended, and Cm Futch is
concerned about the proposal because of this.
Mr. Parness stated he is not sure the development of the station
would harm any plans for the area and has been told that the
dimensions of the station would still allow the proposed in-
ternal street so as to exit onto both Concannon and Holmes
Street and will not block anything.
Cm Futch commented that the proposed station would be a devia-
tion from what is proposed in that area and really does not
to see different uses than those planned for.
Mr. Musso explained that at one time Mr. Mehran offered to
let the City or LARPD take this property for its use and
at that time neither body was interested and this was the reason
other plans were made for its use. He feels it is possible
that a plan could be submitted by Mr. Mehran without a street
and, in fact, one of the plans they submitted did not have a
street in the loop and the green zone was backyards for the
proposed offices.
CM-29-l76
January 13, 1975
(Report re Site for
Fire Station #4)
CM TURNER MOVED THAT THE RESOLUTION DIRECTING CONDEMNATION OF THIS
PROPERTY BE ADOPTED, SECONDED BY CM TIRSELL.
ern Futch stated that he would oppose the motion because he would
like to have the building moved slightly, and for the green area
to be a useful area. It would appear, by viewing the plans, that
it would not be very useful and in his opinion this would be a
planning mistake.
Discussion followed concerning the plan and the amount of green
area that will be provided and Cm Futch commented that if one of
the proposals could be worked out he would be in favor of the
motion.
AT THIS TIME THE MOTION PASSED BY UNANIMOUS VOTE.
RESOLUTION NO. 9-75
A RESOLUTION AUTHORIZING AND DIRECTING CONDEMNATION
OF FEE SIMPLE ESTATE FOR PUBLIC PURPOSES, TO WIT: A
FIRE STATION AND APPURTENANCES, OF REAL PROPERTY LO-
CATED AT THE SOUTHWESTERN CORNER OF LOT 6l, TRACT
29l4, MORE GENERALLY DESCRIBED AS NORTHEASTERLY OF
THE INTERSECTION OF CONCANNON BOULEVARD AND EVANS
AVENUE, CITY OF LIVERMORE, COUNTY OF ALAMEDA.
RES. ADOPTING CITY
EMPLOYEE RECLASSIFICATIONS
The City Manager reported that the resolution approving classification
changes for City employees was not adopted at the last meeting because
the Council had not had the opportunity to review the resolution. The
resolution has since been submitted to the Council for review.
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE
THE RESOLUTION APPROVING CLASSIFICATION CHANGES WAS ADOPTED.
RESOLUTION NO. 10-75
A RESOLUTION APPROVING CLASSIFICATIONS CHANGES
RES. RE LENGTH OF TERM -
MOSQUITO ABATEMENT DIST.
Mr. Roberts of the Alameda County Mosquito Abatement District has
requested that the resolution appointing William A. Jenkins to the
District Board be changed from a one year appointment to a two year
appointment to conform with their policy of two year appointments.
Cm Miller stated that he would abstain from the vote because he
feels eight consecutive years in office should not be exceeded
and appointment of two years would mean nine consecutive years
in office for Mr. Jenkins.
(~"
ON MOTION OF CM TURNER, SECONDED BY CM TIRSELL AND BY A 3-0 VOTE
(Cm Miller abstaining and Mayor Pritchard absent) THE RESOLUTION
APPOINTING MR. JENKINS TO A TWO-YEAR TERM WAS ADOPTED.
RESOLUTION NO. ll-75
APPOINTMENT OF MEMBER TO MOSQUITO ABATEMENT
DISTRICT (William Jenkins).
CM-29-l77
January 13, 1975
REPORT RE CO~n1UNITY
DEVELOP. DEPARTMENT
The City Manager reported that three months ago the Council dis-
cussed the possibility of establishing a Community Development
Department for the purpose of promoting industry and commercial
development in the City of Livermore. In view of major impending
cost obligations the matter was continued and a staff report on
the matter was requested. The staff was instructed to submit a
list of the obligations from the General Fund and those obliga-
tions expected to be taken care of through the General Fund re-
serve. It was noted in the report that there is concern as to
whether or not the City has the financial ability at the present
time to undertake such an expense and some comment relative to
the effectiveness of such a department.
Cm Tiresll commented that in light of the present economic situa-
tion and concern for the reserves from the General Fund she would
agree with the City Manager's recommendation not to institute a
department at this time or to hire additional staff members for
industrial promotion at this time. She added that a new industrial
handbook has been published and it would appear that Livermore is
making progress on the processing of industrial applications and
would hope that this process continues to improve. Cm Tirsell
added that with the high rate of interest for loans and the lack
of investment capital available at present, she feels it would be
hard to justify the hiring of an additional staff member for approx-
imately $30,000jyear since this person would need to recruit about
$3 million worth of industry each year to compensate for the salary.
CM TIRSELL THEN MOVED THAT THE MATTER BE DEFERRED UNTIL BUDGET
TIME WHEN THERE CAN BE RECONSIDERATION, SECONDED BY CM MILLER.
~PJY'
em ~ noted that if the matter is tabled there can be no
discussion and in view of this CM TIRSELL AND CM MILLER WITHDREW
THE MOTION AND SECOND.
Cm Turner stated that he would agree with the suggestion to con-
tinue until budget time but would like to point out that industry
provides employment for those people who might need the low
cost housing the City is going to provide, as well as tax revenue,
and each year industry is delayed here in Livermore it means that
we must keep dipping into reserves for various expenses and commented
that perhaps something could be done through the Federal Housing
and Community Development Program. He stated that he would like
to see the Council take a positive stand on the funding for this
item at budget time or to go the the Chamber of Commerce to ask
that they help obtain industrial clients, on a contract basis.
Mr. Parness stated that use of the reserves for this year is in
a critical situation and there is no forseeable means of replenish-
ing the money used for the salary of an additional staff member.
CM TIRSELL MOVED THAT THE ITEM BE TABLED UNTIL BUDGET TIME AND
THE MOTION WAS SECONDED BY CM MILLER WHICH PASSED BY A 3-l VOTE
(Cm Turner dissenting) .
REPORT RE PROPOSED
COUNTY GOVERNMENT
SITE LOCATION
The City Council has requested a brief presentation concerning
the proposed location of the County government center suggested
for the Sunol Boulevard site - one of six sites studied.
Mr. Ratcliff, the location consultant, (Ratcliff, Slama, Cadwalader)
stated that in reviewing site locations they did not find one
particular location to be satisfactory from every aspect.
CM-29-l78
January l3, 1975
(Report re Proposed
County Government
Site Location)
Mr. Ratcliff commented that a criteria was set up by which to
evaluate the sites and ratings were applied to the various sites.
One of the sites considered was the Livermore Civic Center site
but it was felt to be too far from the center of everything and
really on the edge of Alameda County. He pointed out that in the
Livermore-Amador Valley there are presently two government centers,
Livermore and Pleasanton, and there is some question as to whether
or not a third would be reasonable. The conclusion has been that
it would be best to eliminate a third government center in this
valley and that it would strengthen existing services in the valley
if the center were located near existing County facilities.
Cm Miller stated that he is perfectly willing to agree that a site
selected in Livermore would not be centrally located enough for the
entire valley; however, the same argument would apply equally to a
Pleasanton location and the services provided by Pleasanton are irrele-
vant to those services provided by the County. In his opinion, a
location off the freeway would be more reasonable.
Mr. Ratcliff stated that many people have felt that Santa Rita would
be a good site for adding County government services but in reality
there were many problems encountered when consideration of this site
took place.
Cm Miller stated that the information provided for the Council with
respect to criteria for evaluating the sites was not complete and
it is not clear why some of the sites were rejected.
Mr. Ratcliff explained the reasons various sites were rejected and
the problems brought to light when they were evaluated.
Cm Miller stated that it would appear the consultants reviewed the
sites from the aspect of another community and that this is not the
case. There is a need for centralized facilities to handle court
cases, welfare and health cases for the people in the valley with
easy access from the freeway and both the Staples Ranch or Santa
Rita meet the criteria; Pleasanton does not and the Livermore Civic
Center site does not.
Mr. Ratcliff stated that some of the land presently owned by the
County in the area of the Pleasanton Fairgrounds was one of the
areas considered to be a good site because there is access by
way of Stanley Boulevard for Livermore residents and I-680 for
other people in the valley.
Cm Turner commented that he would be in favor of services at Santa
Rita because of the centralized location and wondered if considera-
tion had been given to New Town proposed for development by Geldermann,
and Mr. Ratcliff stated that he did not consider a location in New
Town because he was not aware of the proposed development.
It was noted that the County Board of Supervisors approved the General
Plan amendment to include development of New Town and indicated that
future growth for the valley would be used up in this area for an
estimated 50,000 people, and it was felt by the City Council that
this should be given consideration because it will mean that there
~ will be 100,000 people located at this end of the valley which will
become the center of the population for the County. The proposals
by the County indicate that the majority of the population will be
at this end when the capacity allowed has been met.
Mr. Ratcliff stated that it was his impression that the population
growth would be spread allover the valley somewhat uniformly. He
CM-29-l79
January l3, 1975
(Report re Proposed County
Government Site Location)
added that one major consideration was that it would be best to
locate facilities on property already owned by the County and the
Sunol site is owned by the Catholic church and the City of San
Francisco.
CM TURNER MOVED THAT THE COUNCIL REAFFIRM ITS POSITION IN FAVOR
OF A SITE THAT IS CENTRALLY LOCATED, SECONDED BY CM MILLER WHICH
PASSED BY UNANIMOUS VOTE.
Mr. Ratcliff commented that a great deal of importance was placed
on the availability of mass transportation and urged that the
Council submit its views to the Board.
REPORT RE AFF~RMATIVE
ACTION PROGRAM
The City Manager reported that by virtue of federal law, local
governmental units are now mandated to have an Affirmative Action
Program which is a very complex type of employment dictate that
has been very carefully evaluated by the City staff, and asked
that Bob Masik, summer intern for the City, report on this item.
Bob Masik, stated that research was done to determine federal
legislation requirements and as to what would be included in
an Affirmative Action Program. Staff preparation included ob-
taining information as to the availability of people in the
area and the type of people who might be affected by such a
program which was provided in the 1970 census information.
Mr. Parness stated that it is recommended that the Council
adopt the Affirmative Action Program by adopting a resolution
and that the report is data which substantiates the need for
the program.
CM MILLER MOVED TO ADOPT A RESOLUTION SUPPORTING ACTION NECES-
SARY, WITH RESPECT TO THE PROGRAM, WITH THE AMENDMENT OF PAGE 2,
OF THE RESOLUTION TO STATE THAT "IT IS THE REQUIREMENT OF THE
COUNCIL THAT MANAGEMENT, ......etc....GIVE THE PROGRAM THEIR
FULL AND UNQ tALIFIED SUPPORT. ", SECONDED BY CM TURNER.
Cm Turner stated that on Page l6, under Meetings it states
that the Personnel Department will schedule periodic meetings
to review affirmative action policy and the progress of each
employee and wondered if the meetings will be written up and
filed for future reference, if necessary, and Mr. Parness re-
plied that it would be the City's intention to keep a record
of the minutes and Cm Turner asked that there be an inclusion
TO STIPULATE THAT MINUTES WILL BE RECORDED AND MAINTAINED IN
CITY FILES, INCLUDED IN THE MOTION AND SECOND.
Cm Turner asked the meaning of Recruitment of Underutilized
Applicants noted on page lOO of the report which Mr. Masik
explained by saying that existing in the population there
is a certain percentage of workers who perform a certain
level or classification of work and the City of Livermore
must hire the same percentage in this classification as
the percentage of the population who can perform this work.
It was noted that there have not been applications made with the
City of Livermore by many ethnic minorities and one of the reasons
is because Livermore does not offer the housing and transportation
for these people and there are very few located in Livermore.
CM-29-l80
January 13, 1975
(Report re Affirmative
Action Program)
Mr. Parness responded by saying that the federal government is
going to be extremely restrictive about the administration of this
new law and there probably will come a time through the assessment
of our conformance, or lack thereof, whereby we will be dictated
to by the federal courts regardless of whether or not there is an
availability or lack of people for certain positions; they will
not accept this as an excuse for nonconformance. We will be re-
quired to conform to the standards and dictates.
Cm Tirsell pointed out that the affirmative action program does not
mean that only ethnic minorities must be hired but that women also
fall within this category and that there are many qualified and
well trained women within the valley who could be hired.
AT THIS TIME THE MOTION PASSED UNANIMOUSLY.
RESOLUTION NO. 12-75
A RESOLUTION OF THE COUNCIL OF THE CITY OF LIVERMORE
SUPPORTING ALL ACTIONS NECESSARY TO ~~KE EQUAL EMPLOY-
MENT OPPORTUNITY A REALITY FOR ALL.
REPORT RE APP. FOR
REZONING SITE W.
OF CORDOBA & CONCANNON
(Sunset Development Co.)
The Planning Commission has considered the application of Sunset
Development Company for rezoning of a site located at the corner
of Cordoba and Concannon from RL-6 to RS-5, and has recommended
that the rezoning to RS-4 be allowed because the rezoning conforms
to the General plan, would be compatible with adjacent residential
use and provides flexibility in development not found under "RL"
Zoning District regulations. Mr. Mehran (Sunset Development Co.)
has indicated his desire to withdraw his application but it was
felt that the recommendation should be forwarded to the City Council
to allow a choice of terminating action or proceeding with the
rezoning because of the application or because of Planning Commission
recommendation.
CM MILLER MOVED THAT THE COUNCIL SET A PUBLIC HEARING FOR THE POSSI-
BLE REZONING FROM RL-6 TO RS-4 FOR FEBRUARY 3, AND ALSO TO HAVE A
PUBLIC HEARING FOR POSSIBLE REZONING OF INDUSTRIAL AREAS AT THIS
SAME TI~1E, SECONDED BY CM TIRSELL AND PASSED UNANIMOUSLY.
Prior to the motion Cm Turner expressed some concern for continuing
with possible rezoning of the property owned by Mr. Mehran since the
application has been withdrawn and the Councilmembers pointed out that
this particular property has not been in conformance with the General
Plan and the rezoning would make it conform.
REPORT RE TRLR. STORAGE
IN RESIDENTIAL AREAS
('"
'.
The report from the Planning Director relative to the enforcement
of the trailer storage restrictions WAS NOTED FOR FILING ON MOTION
OF CM TIRSELL, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE.
It was noted that the Planning Commission is currently working on
a trailer storage ordinance that will soon be before the Council
for review.
CM-29-l8l
January l3, 1975
REPORT RE PROPERTY
ANNEXATION PROPOSAL
(Wornow property)
The property owners for the area abutting the northerly city
limits and extending to Las positas Road have requested that
the matter of annexation be continued.
ON MOTION OF CM MILLER, SECONDED BY CM TIRSELL AND BY UNANIMOUS
VOTE THE MATTER WAS TABLED.
REPORT RE BICYCLE
LICENSING PROPOSAL
Assistant ity Manager, Donald Bradley, stated that the report
he has submitted to the City Council with respect to the bicycle
licensing proposal made by Cm Turner covers most of the questions
ern Turner has asked and that the report recommends that the C~ty
get into the statewide program as soon as administratively possible
and to try to license as many bicycles as possible through using
school sites both during the week and on Saturdays, and in general,
making bicycle licensing more convenient and available to the gen-
eral public.
ern Turner commented that he feels the report made by Mr. Bradley
is very good and that the reason he has suggested licensing all
bicycles is to help curtail theft of bicycles and according to
the Police Department there are quite a number of bicycles that
have not been licensed. He added that he would agree a $lO fee
for attaching the license to the bicycle is expensive but is a
lot less than purchasing a new bicycle. He also added that in
his opinion the suggestion for the major bicycle retail stores
to license bikes is good and the owners of both the Schwin bike
store and the Bicycle Tree have indicated that they would be very
happy to license new bicycles.
Mr. Bradley stated that it may be true that the owners of major
bicycles stores would be willing to issue licenses; however it
would be difficult to have an ordinance that retailers would
comply with on a regular basis and it is felt that there are already
enough problems with the handling of cash for this purpose with
just the City departments involved.
em Miller stated that he would agree with Cm Turner's suggestion
to let local bike retailers help license the bikes because it
means that more bikes may become licensed which otherwise might
not become licensed, particularly if the owners of the store have
agreed to help with the licensing.
Cm Futch agreed that if licensing by the bike stores would help
to cut down on the amount of theft it would be worthwhile to
ask for their assistance.
CM MILLER MOVED TO DIRECT THE STAFF TO PREPARE A PROGRAM OF
BICYCLE LICENSING ,GENERALLY ALONG THE LINES. OF THE MEMORANDUM
FROM MR. BRADLEY BUT INCLUDING LICENSING THROUGH THE DEALERS,
SECONDED BY CM TURNER, AND PASSED BY UNANIMOUS VOTE.
ORD. RE UNIFORM
BLDG. CODE
The City Attorney stated that there have been changes in the
Plumbing Code with respect to some figures and asked that the
ordinance not be introduced at this time.
CM-29-l82
~TTERS INITIATED
BY THE STAFF
(re Comprehensive Com-
munity Development Scheme)
The lity Attorney reported that with respect to the Comprehensive Com-
munity Development Scheme application, the County had a paragraph in
the agreement which indicated that the County would not be responsible
if the tity failed to submit particular items and therefore lost money
from the federal government. Mr. Logan added to this paragraph "unless
said county has failed to comply with proper notice as set forth herein
above", to protect the City when the circumstance arises in which
the county failed to notify us of something and as a result certain
material is not submitted and, consequently, a loss of funding.
Martha Whittaker, attorney representing the county, has indicated
that this is unacceptable to the county and they do not want to be
liable for anything that is not properly submitted which Mr. Logan
stated is true even in the situation of where it is the county's
fault that the City does not submit the proper material. We are
in a dilema because the county has the upper hand in this matter
and if we back out of this completely it will not affect the fact
that the county can still obtain funding. If Livermore wants funding
we will have to take some type of action and Mr. Logan's recommendation
would be to strike the language he added at the end of the paragraph
and which the Council approved last week - "unless said county has
failed to comply with the proper notice as set forth herein above".
The members of the Council agreed that this situation is very irritat-
ing and wondered if there is any recourse and Mr. Logan replied that
he could include, in the letter, some language indicating our concern
that they are unwilling to accept responsibility in an adhesion con-
tract and at least inform them of the fact that Livermore is upset
about this.
CM TIRSELL MOVED THAT THE COUNCIL APPROVE THE AGREEMENT CHANGE,
SECONDED BY CM TURNER WHICH PASSED UNANIMOUSLY.
(Weekly Status Report)
At this time the I l,ity Manager presented a weekly oral report with
respect to the status of the following items:
Fee Changes:
Sewer Connection
Storm Drain
Water Storage
Bedroom Tax
Park Fund
Water Rates
Airport :
l. New tower chief from Stockton
2. Airport Study - 35% complete
3. Waiting list for T-hangar facilities
(approximately 20-30 people)
(a) staff report coming recommending
an addition of l6 T-hangars
(b) availability of state loans for
this purpose - $50,000
Sewer Construction: Lift station complete and utility services
have been installed.
I~\
R. R. Project:
l. All subgrades completed to "K" St.
2. Pier columns and caps finished at "P" St.
3. Storm drainage on "P" Street being installed
CM-29-l83
January 13, 1975
(Weekly Status Report)
Trees:
Golf Course:
Public Deposits:
Finance Department:
Politics:
General Plan Amendment:
Fed. Emer. Employment:
Housing & Community Dev:
Fire Department:
Transportation Consultant:
CM-29-184
1. Approx. 55 hours of overtime
expended because of storm damage.
2. Rash of vandalism to trees
1. Soil expert has met with Greens
Committee re soil problems
(a) badly constructed greens
(b) irrigation causing damage to
grass growth
2. Reconstruction of greens planned
(a) $5,000 per green estimated
(b) there will be greens with sand
3. Crosswinds Restaurant lessee has paid
50% of the rent due and has executed
a Memo of Agreement for balance.
l. Three bids received
l. Five businesses being taken to small
claims court becuase of business lic-
ense defaults.
2. Annual audit underway
l. Superior Court decision declaring
local government has no authority to
regulate size or number of political
signs.
l. Consultant has sent suggested General
Plan amendment proposed for Council
review and adoption in advance of the
action forthcoming on the major Gen-
eral Plan document.
l. City will receive $119,509 for this
current calendar year.
(a) will allow employment of l2 people
(b) group assignment category most feasible
5 - Park and Tree Department
5 - Street
2 - clerical (1) Police Dept
(1) City Clerk
(d) more money to be available in March
(e) projects will be median construction and
and civic center landscaping
(f) about $lO,OOO can be used for
materials
l. Meeting held by staff on January 9 and
turnout was good - good suggestions.
2. Meetings to be held on January 20 and 27
before City Council as required by HUD
1. Conducting daily inspection services, as
off-duty exercise, of retail stores.
l. Nearing final recommendation -
Transportation Consultant
2. Tour held of Merced who had used
consultant services - they are well
pleased with system.
3. Dial-a-ride being used and being
considered as one alternative.
. .
January l3, 1975
MATTERS INITIATED BY
COUNCILMEMBERS
(EIR re Livermore Gardens)
Cm Miller stated that he had been discussing the question of an
EIR for Livermore Gardens and the fact that HUD claims the Council
should have looked at the EIR statement and done something about it,
however we were not furnished with one. He felt that perhaps the
Council should have asked for one, and in projects of this kind
where an EIR is required, even though not by the City, the City
should make sure a copy is received for review.
Mr. Musso stated that HUD should have furnished the city with a copy
of the EIR.
Cm Miller agreed that they should have sent it, but HUD is now
saying the city should have requested it, and perhaps we should
make sure that we get these statements in the future.
COVA Meeting
Cm Tirsell reminded the Council members about the COVA meeting
to be held on January 23, 1975, and asked if they would make
their reservations if they intended to attend.
Greenville North
Mayor pro tempore Futch asked the City Attorney about his meeting
concerning Greenville North, and Mr. Logan advised he had a meeting
scheduled for January 6 with Tom Bevilacqua, but had to cancel the
meeting, and has not been able to arrange another meeting, but will
attempt to set up a meeting to talk about the case.
Gelderman Letter to ABAG
Mayor pro tempore Futch stated he felt that the Council should
respond to the letter that Gelderman wrote to ABAG, requesting
45 minutes in front of the executive committee. They will give
testimony that the City of Livermore will not have a chance to rebut,
and Mayor pro tempore Futch felt that the City of Livermore should
submit a letter requesting to be heard, and he volunteered to write
the letter and he asked the Council's permission, AND OFFERED THIS
AS HIS MOTION, SECONDED BY CM. TIRSELL, WHICH PASSED UNANIMOUSLY.
Council Policy Study
Session
The study session concerning Council Policy had been continued
to this time, and CM TIRSELL MOVED THAT THE COUNCIL CONTINUE THE
STUDY SESSION TO 7:00 P.M., ON JANUARY 20, 1975. MOTION WAS SE-
CONDED BY CM MILLER AND APPROVED UNANIMOUSLY.
ADJOURNMENT
~
I
The meeting was adjourned at lO:45 p.m., to an executive session
::P:~::USS pendin~, ti::~ ~~
ATTEST
ity Clerk
~6're-, California
CM-29-l85
Regular Meeting of January 20, 1975
A regular meeting of the City Council of the City of Livermore
was held on January 20, 1975, in the Municipal Court Chambers, 39
South Livermore Avenue. The meeting was called to order at 8:10
p.m. with Mayor Pritchard presiding.
ROLL CALL
Present: ~m Miller, Futch, Tirsell and Mayor Pritchard
Absent: Cm Turner (excused absence)
PLEDGE OF ALLEGIANCE
Mayor Pritchard led the Councilmembers as well as those present
in the audience, in the Pledge of Allegiance.
MINUTES
January 6, 1975
Page l62, third paragraph from bottom, next to last line should
read as follows: would be to paint the curb red where emergency
parking is indicated and narrow the street, which would mean
another five feet from the building.
ON MOTION OF CM FUTCH, SECONDED BY CM TIRSELL AND BY UNANIMOUS
VOTE THE MINUTES FOR THE MEETING OF JANUARY 6, 1975, WERE
APPROVED, AS CORRECTED.
P.H. RE HOUSING & COM-
MUNITY DEVELOPMENT ACT
Mayor Pritchard stated that a public hearing has been scheduled
to allow public input with respect to expenditure of a $622,000
grant (Housing and Community Development Act program) through
the federal government. The application for the funding is a
joint application along with other Southern Alameda County cities
and dit is expected that Livermore will receive $622,000 for its
portion of the grant. One of the requirements for receiving
the grant is that public hearings are held to receive public
input as to how the money should be spent.
City employee, Chuck McKinley, has presented guidelines which
include programs eligible for funding and those programs which
would not be eligible for funding.
At this time the public hearing was opened.
Doug Bell, representative of LARPD, stated that LARPD would like
to propose development of a Senior Citizens Center on the side
of the present recreation center in the area now occupied by
the softball field at that site, and that sources of matching
funds be investigated for construction of the center. He explained
that the construction would be in addition to the present building.
It is suggested that remaining funds be used to relocate the soft-
ball field to Robertson Park and to develop the arroyo in Robertson
Park at Wente Road working westerly for as far as the funds allow.
These suggestions would be consistent with their master plan and
construction of the center would allow facilities to provide for
low-cost nutritional meals for senior citizens, would provide a
sense of belonging in the community and a location for social
interaction and recreation and a base of operations for their
community projects and other matters relevant to senior citizen
concerns.
CM-29-l86
January 20, 1975
(P.H. re Houing and Com-
munity Development Act)
Lillian Snorf of the Senior Citizens Center, presented a petition
in favor of the proposal made by LARPD which contained l50 signatures
of senior citizens. Mrs. Snorf added that there is a need for senior
citizen housing here in Livermore also but is not sure that the grant
could go towards this type of development.
Cm Futch commented that it is his understanding the grant can be used
to purchase land for senior citizen housing but it cannot be used for
the construction of such and Mr. Parness replied that this is correct.
Jim Lyle, representative of the Interfaith Housing, stated that he
has nothing to add to the comments made at this time but they are
very much interested in building 26 more units and possibly the City
could help by purchasing land. He added that more units could be
placed anywhere in the City and they are not limited to building
where they are presently located on Hillcrest Avenue.
William Hurdlow, 1143 Aberdeen, stated that he would hope the City
does not receive the funding because this would mean taking money
from the pockets of everyone.
Gib Marguth, ll52 Farmington \lay, Chairman of the Bicentennial
Committee, stated that he would like to comment as to the desires
of three committees: 1. Heritage '76 Committee would like to
have funds spent to bring the Carnegie Building up to code; 2)
the HORIZONS' Committee would like to see improvement of the duck
pond in Springtown and 3) HORIZONS '76 would like the development
of Robertson Park to begin. He added that HORIZONS '76 is a forward
looking project that will go on into the 1980s and will give the
community something to build for and a dream for the future of the
community. This committee was appointed by the Community Affairs
Council and they would like to suggest that the committee be expanded
by the City Council and be given an opportunity to plan for the
HORIZONS '76 activities. He stated that the project in its total
perspective would be the construction of community property from
Quezaltenango Parkway to Granada High School, and would include ~
senior facility, and a youth center.
Clyde Highet, stated that at this point there is really nothing to
go on as far as what type of senior center will be constructed and
opinions cannot be given as to whether people want such a building
or not.
Mayor Pritchard stated that one of the problems is that the City has
been given very little time to discuss concrete proposals.
Sally Bystroff, 330 Scott Street, spoke to the Council on behalf of
the Buenas Vidas Youth Ranch and its project as well as saving the
old sanitarium site. She stated that Buenas Vidas is a ranch oper-
ation designed to assist youths who are troubled and is presently
located on Greenville Road and there is a possibility that they may
be issued a license for the foster care of only two children and the
reason they must move. They are presently seeking use of the old
sanitarium buildings and in conjunction with her appeal for funds
for this project gave a slide presentation on the facilities available
at the sanitarium site and their plans for use of the buildings.
Use of any funds received would go towards the restoration of the
buildings they would like to use which is primarily roofing, glass
for the windows and replacement of some of the floors and road work.
Anna Brown, 11450 Tesla Road, speaking for some of the members of
the Livermore Heritage Guild, read a statement concerning the value
of the physical remains of our past such as the sanitarium and their
desire to preserve these buildings. It is felt that use by Buenas
Vidas would be the best alternative for use of the buildings.
CH-29-l87
January 20, 1975
(P.H. re Housing & Com-
munity Development Act)
em Tirsell stated that during the presentation by Mrs. Bystroff
she indicated that the county would like to get rid of the sani-
tarium sites and wondered if this is a firm commitment and Mrs.
Bystroff commented that it is not firm until the county acts on
the matter the first of March but from the indications she has
received it is felt that Buenas Vidas has a good chance of being
allowed the use of the buildings. The county wants to be rid
of all the considerations for the whole area - upper and lower -
the well, the pump. However, because of the number of letters
the county has received asking that the property remain in public
ownership the county is not at liberty to sell the property. She
feels if no one shows interest in using the buildings the county
will level them.
Cm Futch asked if Buenas Vidas is a non-profit, private, organiza-
tion and Mrs. Bystroff replied that it is a non-profit incorporated
agency which is private though they are public in their service,
and explained their program. She added that many of the people
are on welfare or low-income people and the reason they are seek-
ing sources of funding. Their primary concern is for helping
children before they get to juvenile hall.
Julia Kleinecke,spokesman for the Emergency Fund Center, commented
that the Center is a private corporation organized by the Valley
Covenant Ministry to help low-income people during times of finan-
cial emergency and that the principal means of assistance is food
for the hungry. She reported on the work being done by the Center
made possible through personal donations and donations from clubs
and churches in Livermore. She suggested that the City purchase
an old building, centrally located, renovate it and lease it to
the Center for 99 years and if they stop doing business in the
future the building could revert to the City's use. In response
to a question posed by the Mayor she noted that they normally do
not need to provide lodging for people in an emergency and when
the circumstance arises they are sent to a local motel and also
that they have no particular building in mind at this tim , but
they would like to be located in downtown Livermore.
Anna Brown, stated that the Livermore Heritage Guild would like
to see the house on Fourth Street across from 7-ll preserved and
suggested that perhaps the Emergency Fund Center could make use
of it. She then stated that one of the things the Guild would
like to see the grant help pay for would be to bring the tank
house, located at Ravenswood, up to standard so that the house
could be used as a permanent caretakers place of residence. If
this is done the big house could be renovated and available for
public use. It is estimated that $3,000-$6,000 would be required
for this purpose.
John Monser, representative of the Twin Valley Chapter of the
Alameda County Association for the Mentally Retarded, stated
that there are over 400 people in Livermore who are retarded
and there is a need for expansion of their workshop and school
facilities to help serve these people. They would appreciate
assistance through this program to help meet their needs.
Frank Maloney of the Livermore Housing Authority stated that
they would be willing to make a contribution in the way of
property or construction of a building for the purpose of a
day care center to be operated by someone else. He stated that
they do not have a firm proposal at this time but wanted to
mention it so that the proposal is not lost among the eloquence
of other speakers tonight. He stated that they would like to
see development of a day care center to aid children of families
that are not able to make enough money to hire a babysitter. He
felt the people in Villa Gulf (Leahy Square) could greatly
benefit from such a center.
CM-29-l88
January 20, 1975
(P.H. re Community
Development Act)
Cm Tirsell asked if any research has been done with respect to
inital capital cost for such a project and Mr. Maloney indicated
that none has been done and they have no idea what the cost would be.
He stated that at the time Leahy Square was developed the matter was
discussed and they were not able to adapt any of the buildings for
this purpose because of the Fire Code and other such matters and
a building will have to be specially designed. He indicated that
there is not sufficient room on the property for a childcare center
but there is adjacent land that could be purchased or even land nearby.
Cm Tirsell asked how the determination will be made as to which group
or project should receive funds and Mr. Parness replied that the
testimony, as to how the funds should be spent, will be incorporated
with the testimony from the next public hearing in addition to input
from the City staff and then presented to the Council by some means
of priority listing including dollar amount and selections will be
made by the Council.
It was then suggested that any group requesting funds include dollar
figures with project proposals.
Mayor Pritchard stated that there is a need for a Senior Citizens
center and the Emergency Fund Center needs to expand and wondered
if some of these similar services might be incorporated into one
center where many services might be housed under one roof or into
one building.
CM MILLER MOVED TO CONTINUE THE PUBLIC HEARING UNTIL 8:00 P.M. NEXT
MONDAY, JANUARY 27th, SECONDED BY C~1 FUTCH AND PASSED UNANIMOUSLY.
P.H. RE ADOPTION OF
UNIFOR~ MECHANICAL CODE
Mr. Street explained that there is not much to report with respect
to the Uniform Mechanical Code other that it is proposed that the
City adopt the latest edition of the code previously used. There
are no dramatic changes involved and is the usual code updating pro-
viding for new methods, materials, etc.
r1ayor Pritchard opened the public hearing and no public testimony
was offered.
ON MOTION OF CM MILLER, SECONDED BY CM TIRSELL AND BY UNANIMOUS
VOTE THE PUBLIC HEARING WAS CLOSED.
ON MOTION OF CM FUTCH, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE
OF THE COUNCIL THE ORDINANCE WAS ADOPTED - SECOND READING WAS WAIVED
AND THE TITLE WAS READ AT A PREVIOUS r1EETING.
ORDINANCE NO. 856
(
\
"
AN ORDINANCE AMENDING ARTICLE VIII, RELATING TO UNIFORM
MECHANICAL CODE, OF CHAPTER 6, RELATING TO BUILDINGS, BY
THE AMENDMENT OF SECTIONS 6.42, RELATING TO ADOPTION OF
UNIFORM MECHANICAL CODE, 1967 EDITION, 6.44, RELATING TO
VIOLATIONS AND PENALTIES, AND 6.45, RELATING TO WHOM PER-
MITS MAY BE ISSUED, OF THE LIVERHORE CITY CODE, 1959.
CONSENT CALENDAR
Resolutions
Denying Claims
RESOLUTION NO. l3-75
A RESOLUTION REJECTING THE CLAIM OF ROBERT A. LOVELESS
CM-29-l89
January 20, 1975
RESOLUTION NO. l4-75
A RESOLUTION REJECTING THE CLAIM OF DONALD LOVELESS
Report re Police
Complaint Form
The City Manager reported that some time ago the Council reviewed
the citizens complaint form used by the police Department, which
now is mandatory by state law, and felt that changes should be
made in the text of the complaint form. A revised form has been
submitted to the Council for review and unless there is objection
to the text, the proposed form will be used.
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM TIRSELL, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE THE CONSENT CALENDAR WAS APPROVED.
MATTERS INITIATED
BY THE STAFF
(Petition re R.R. Proj.)
The City Clerk commented that Mr. Tull submitted another petition
last Friday with respect to "unfair taxation" because of the rail-
road relocation project and underpass projects. The petition was
presented too late to be included in the agenda for this evening
which contains approximately 448 signatures to be included with
the first group of petition signatures. She indicated that the
City Attorney has again directed that the petition should not
be certified.
The City Attorney stated that many of the criticisms contained
in the original Memorandum of Law still apply and in his opinion
the petition is not valid. He stated that Mr. Tull disagrees with
this opinion. At this time no action is required of the Council
and they are being informed that the petition has been resubmitted.
(P.u. #l2 and 18)
The City Manager reported that the planning consultants have asked
that they be allowed to review neighborhood Planning Units #12 and
#l8 even though this is not part of their contractual obligation
because of the affect it would have on their General Plan studies.
permission was granted by the Council.
Mr. Parness also commented that a joint meeting is scheduled with
the consultants and LARPD next Wednesday, January 22nd.
MATTERS INITIATED
BY THE COUNCIL
(Lot Markers)
Cm Miller reminded the staff that the Council expressed interest
in requiring that survey markers indicating lot lines not be
removed because they are helpful and a convenience to the property
owner.
It was noted that a report is being done for this item.
CM-29-l90
January 20, 1975
(Supervisors Agenda
Item re Night Meetings)
Cm Miller stated that Supervisor Santana has proposed night meetings
for the Board of Supervisors which happens to be one of their agenda
items and Cm Miller suggested that this idea be supported and that
Livermore should indicate to the Board that some of their public
hearings should be held at night and at least some of their meetings
also be held at night.
(Questions Arising re
Oak Street)
Cm Miller stated that in conjunction with the railroad relocation
project there have been remarks in some of the reports about Oak
Street not being done by the consultant. The question arises as
to why Oak Street was not done by the consultant and this matter
should be open to some negotiation because of the very large fee
the consultant is receiving from the City.
Mr. Lee explained that when the plans were originally prepared
some of the phases were prepared in skeleton form with the idea
that the City would finish up some of the design afterwards and
Mr. Lee added that there will be a written report on this matter
which will soon come to the Council and then further discussion
can take place if they wish.
(Federal Funds for
Housing in Las Positas
P.rea - New Town)
Cm Futch stated that the Council had mentioned communicating with
HUD concerning federal funding for housing in the Las positas area
and wondered if it is too premature to begin correspondence with
HUD.
Mayor Pritchard commented that Mr. Geldermann has indicated that
he is not seeking federal funding for a New Town proposal under
the Hun program.
Cm Futch stated that there are other sources of federal support
such as FHA mortgages and VA mortgages and would suggest that
there be a staff report along with a letter draft which would
include something about the environmental aspect and have the
federal government look at what is going on. Cm Futch added
that he would also like the letter to mention the fact that
approximately $'00,000 of the taxpayers money has been spent to
provide servi&Je to the same area and that any housing in that
area could be provided at a less costly rate by the City of
Livermore. '~/~~
(Greenville North Park)
Cm Tirsell stated that she met with one resident of the Greenville
North area to talk about what is happening with respect to the Green-
ville North park and asked the City Manager to comment on the status.
~/
(
:1r. Parness stated that eminent domain proceedings are under way
and the City is waiting for this litigation to begin in the courts.
The court calendar is full and we will have to wait. We have no
preference for the right of occupancy and it will probably take
another three to four months to get to court. The City Attorney
has tried to personally contact the owners but to date has not
been successful.
CM-29-l9l
January 20, 1975
(re Greenville North)
Mr. Logan commented that his secretary telephoned Mr. Bevilacqua
six times in one day and was not able to contact him. The last
communication he has had from Mr. Bevilacqua was a note indicat-
ing that he would call Mr. Logan Tuesday or Wednesday of this week.
(Safeway Lot)
Cm Tirsell asked if she is correct in assuming that the highway
maintenance people she saw today intend to fix the left turn
lane into the Safeway lot and Mr. Parness indicated that this is
correct. Cm Tirsell stated that she wanted this confirmed because
she has received a number of calls relative to it.
(CaVA ~1eeting)
Cm Tirsell reminded the Council that the first meeting for COVA
will take place this Thursday and asked that the Councilmembers
who are interested in attending contact Mr. Parness' secretary.
(Bd. of Supervisors Meeting
re Status of Women)
Cm Tirsell stated that the Board of Supervisors has scheduled
a public hearing for 9:00 a.m. tomorrow on the Commission for
the Status of Women and that if anyone is interested, they are
more than welcome to attend and join in the lobby to recommend
establishment of such a commission by the Human Relations Com-
mission.
(re Planning Consultants)
Cm Tirsell asked when we will be meeting with the planning
consultants again and Mr. Parness replied that the staff met
with them last week to review some very important documents
which are now being circulated among the staff for review of the
grammer, etc. and possible effects or contradictions in other
parts of the law. It is anticipated that the material will
be ready for the Council in 2-3 weeks with interim measures
the consultant recommends for the Council's adoption. The
consultant would then like a second public meeting for the
purpose of furnishing a status report and hopefully all of
the Councilmembers, Planning Commission and other interested
parties will be present. This meeting has been tentatively
scheduled for February 6, 1975.
Cm Miller stated that at this point he is becoming concerned
with the time scale and whether or not the City will be able
to accomplish those things which should be done by the 23rd
of March and Mr. Parness stated that this is the purpose of
the documents being reviewed with the consultant. There are
legal considerations that must be reviewed by the City Attor-
ney but it is felt that there are about two weeks leeway in
getting the material ready for the Council.
(re Newspaper Article)
Cm Tirsell commented that Mr. Leonard has written to the editor
of the newspaper with respect to opposition to the railroad
relocation project in the name of the Building Trades Union
and she felt that he might consider the heavy industrial
unions that are very much involved in this project and would
assume that the unions working here on the project would take
a very dim view of Building Trades Unions calling off a pro-
ject that happens to be their "bread and butter".
CM-29-l92
January 20, 1975
cm1MUNICATION FROH COUNTY
RE SEPTIC TANKS - LOMITAS
(
\,
A letter was received from the County Board of Supervisors which
indicated that at their January 9th meeting a motion was made to
allow issuance of a building permit to those lots with an approved
public water supply, and the motion failed. The Board directed the
Planning Director of the County to ascertain the costs of installing
a public water supply and the matter of abatement of any existing
septic tanks within the study area was referred to the County Council.
COMMUNICATIONS FROM
BEAUTIFICATION COMM. RE
TREES IN CENTENNIAL PARK
Two letters were received from the Beautification Committee with
respect to the tree located at Centennial Park which they feel should
be moved because the tree is obstructing the view of the totem pole
which is also located at that site. They suggested that the Council
also meet with them to discuss the Ancestral Tree Ordinance. They
indicated that the staff seems to be reluctant to move the tree and
it was their understanding that the tree would be moved during the
dormant season.
Mr. Lee explained that the staff did not refuse to move the tree
but did question the advisability of a move because it would be
compromising the natural beauty of the park.
Cm Miller stated that apparently the Beautification Committee got
the impression that there was some type of agreement made as to
moving the tree and he felt some consideration should be given to
their request.
Cm Tirsell commented that possibly, as the tree matures, the lower
limbs will be removed and will allow added visibility and perhaps
this should also be considered.
THE STAFF WAS DIRECTED TO PREPARE A REPORT IN CONJUNCTION WITH THE
BEAUTIFICATION COMMITTEE SO THAT THE COUNCIL MIGHT BE INFORMED AS
TO WHAT THE FULL ISSUE MIGHT BE AND FURTHER ACTION WILL BE TAKEN
AFTER THIS TIME.
THE COUNCIL ALSO AGREED TO MEET AT 7:30, FEB. 10th, WITH THE
BEAUTIFICATION COI1MITTEE TO DISCUSS THE ANCESTRAL TREE ORDINANCE.
RE REQUEST FOR ANNEXA-
TION OF PROPERTY ON
LAS POSITAS ROAD
Mr. Parness reported that the Pleasanton Investors have requested
annexation of 44 acres on Las positas Road which is land owned by
them. Hr. Parness added that the property is contiguous with the
City on the southerly side and is within an area under study by
the City (PU #l2). The consultant's report will be coming to the
Council in a couple of weeks and because of his recommendation Mr.
Parness would question whether it would be advisable to annex this
property. One of the recommendations is that there be no further
annexation of property that may be develooed for residential purposes
by virtue of the City's inability to service it, particularly with
respect to sanitary sewage. Mr. Parness recommended that the matter
be tabled pending a complete review of the consultant's report.
The applicant stated that he does know about the study taking place
for that area and understands the reason the matter may be tabled.
Mayor Pritchard questioned why it would not be advantageous to the
property owner to annex and Mr. Musso replied that the basic problem
is sewage; however, it would be an advantage to the City to have
him annex.
CM-29-l93
January 20, 1975
(Annexation - Wornow property)
Cm Miller stated that it might also be advantageous to the owner
as well as the City because he could take advantage of the density
transfer for Planning unit #12, if the City goes ahead with the
density transfer policy. If he is in the City limits he would be
able to transfer development rights but if he remains in the County
he may be faced with development problems.
Mayor Pritchard stated that whatever development occurs will be
determined by the City, at any rate, and it would seem advantageous
for the property owner to annex because he will have to be serviced
by the City and particularly where sewage service is concerned.
Mr. Musso felt that the disadvantage would be that if development
could not take place for five years during which time he would
have to pay City taxes if he annexes.
Mr. Parness pointed out that there is a technical aspect that the
Council should consider and that is the legality of not allowing
development of certain properties by virtue of the inability to
service them. It is true that we do not have to service them now
because it is not incorporated and the City Attorney is looking
at what rights the City would have in not allowing development
in the event it is incorporated.
Mr. Lee commented that the Council has expressed a desire to reserve
sewage capacity for industrial and commercial development but would
like to point out that the City is not reserving capacity at present.
Morgan Howell, architect and part owner of the property indicated
that they are willing to wait for a staff report on this item but
would like to get on the priority list for sewage service and asked
what is being done at this time.
The Mayor explained that the City has hired consultanting planners
to help with the General Plan and they are the people who are sug-
gesting that the Council wait until they have reported to the Council
before annexation is considered. As far as the sewage capacity, we
are still allowing hook-up on a first come, first served, basis.
He also explained that about four years ago the City was proceeding
with plans for expansion of sewer capacity which was to be subsidized
by federal and state funds and then the EPA withdrew all federal and
state funds because we are located in a critical air basin. We
went to the EPA and requested that we be allowed to expand to l.5
million gallons instead of the planned 5 million and were refused
and in a third request to allow us to upgrade the quality of the
effluent, which was mandated by the Water Quality Control Board,
we were allowed to do this. Therefore, we are not gaining any
capacity by spending $6 million, but rather are gaining upgrading
of the effluent. The likelihood that we will receive state or federal
funding to expand is very slim.
Cm Futch stated that at a recent LAVWMA meeting the subject of
funding for expansion of sewage facilities was discussed and
the EPA indicated that funding would be allowed to serve a
maximum of 132,000 for this valley.
ON MOTION OF CM MILLER, SECONDED BY CM TIRSELL AND BY UNANIMOUS
VOTE THE MATTER WAS TABLED.
JAYCEES REQUEST TO USE
AIRPORT FOR AIR SHOW
A letter requesting permission to use the Livermore Municipal
Airport on Sunday, May ll, 1975, for their sixth annual air
show was received from the Livermore Jaycees.
CM-29-l94
January 20, 1975
(Jaycees Air Show)
CM MILLER MOVED TO ADOPT A RESOLUTION AUTHORIZING USE OF THE AIRPORT
FOR THE AIR SHOW WITH WORDING TO INDICATE THAT THE JAYCEES SHOULD
HAVE APPROPRIATE INSURANCE COVERAGE, CLEANUP, POLICING, AND TRAFFIC
CONTROL, SECONDED BY CM TIRSELL WHICH PASSED UNANIMOUSLY.
l
RESOLUTION NO. 15-75
A RESOLUTION AUTHORIZING JAYCEES AIR SHOW
REPORT RE DISPOSAL
SITE RATE INCREASE
Mr. Parness reported that the owner of the dump site has come to
the City staff requesting consideration for an increase in the
commercial dumping rates at the site, as specified in the contract
executed with their firm in 1964. The contract specifies that rate
changes for disposal would be taken into consideration at the end
of five years, providing there was an escalation in the consumers
price index and there was a quoted amount that would be required.
That escalated amount certainly has occurred to the extent of
something in the area of 67%. There has not been an application
for consideration of a price change from them in 10 years and the
owner is now requesting that the rate be increased for commercial
dumping only to 75~/ton - going from $3.00/ton to $3.75/ton. They
have indicated that if they are allowed the increase the figure will
remain firm for a period of five years. The computed amount comes
to 4~~/can per month. It is felt that this is a reasonable adjustment
for the Council to allow, providing that the contract does specify
the conditions recommended as follows: l) the rate increase for
commercial disposers only to be increased from $3.00 to $3.75 per
ton; 2) that this rate will remain firm for a period of five years
from and after February 1, 1975; 3) no further charge will be made
against the City government for the cost of disposing of materials
collected during the annual free community pickup schedule.
William Ralph, owner of the dump site, stated that they have been
very happy to cooperate with the City during the 15 years they
have done business with them and would appreciate allowance of
the 50~ increase they are requesting at this time.
CM FUTCH MOVED THAT THE COUNCIL ADOPT THE RESOLUTION APPROVING THE
RATE INCREASE, IN ACCORDANCE WITH THE RECO~ENDATIONS OF THE CITY
r.1ANAGER, SECONDED BY CJ\l HILLER, WHICH PASSED BY UNANHlOUS VOTE.
RESOLUTION NO. 16-75
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
(First Amendment to Agreement for Dump Site)
(Ralph Properties, Inc.)
Lou Alberti, owner of Livermore Disposal indicated that they
would be happy to change the schedule for free pickup if people
want a different time; however, he indicated that if they go around
early people complain that it is too cold and if they do the pickup
later and it is raining people say they waited until the rainy season.
Presently they have tried to make the free delivery just before the
double pickup for the summer months so that people get everything
cleaned up and taken away.
RECESS
Mayor Pritchard called for a brief recess after which the Council
meeting resumed with all members of the Council present (Cm Turner
excused absence).
CM-29-l95
January 20, 1975
REPORT RE BIKEWAY
DESIGNATIONS &
LEGAL PROBLEMS
The matter of the bikeway designations has been pending for
several weeks and involves a proposal for proper identifica-
tion of bikeways and the conflict of standards between the City
and the County regarding the East Avenue bikepath. Communica-
tions have been received from the Livermore Bikeways Association,
Judge Lewis, Alameda County and interested citizens.
Mr. Lee stated that Judge Lewis has questioned the legality
as well as the safety regarding the treatment of the bikeway
employed on East Avenue, and generally, bikeways providing
for two-way bike traffic on one side of the street. Mr. Lee
stated that he would recommend elimination of these as early
as possible and in the meantime to take whatever action neces-
sary to make them as safe as possible. The County Director
of Public Works has indicated that they expect to have the
ultimate construction of East Avenue completed within five
years. In the meantime they are considering an additional
bike path on the north side of East Avenue to carry the west
bound traffic.
There was discussion regarding the prov1S1on for additional
signs to help motorists and bike riders as well as the plan
for a bike lane on the north side of East Avenue.
Cm Futch stated that if the two-way bike lane is not legal
the City should urge the County to proceed with great haste
to make the lanes legal, and the City Attorney explained
that the County's impression of setting off the area by
berm treatment is that they have separated the bike lane
from the main right-of-way and therefore the rule that re-
quires bike riders to remain on the right applies within
the bike path area and they are assuming that it is a legal
two-way bike path.
Cm Futch stated that this is the impression the County Adminis-
trators have but not the impression of the local judge and
Mr. Logan explained that the County Legal Department is in
the process of passing a resolution setting off that bike
path and setting up rules and regulations that apply to it.
In other 1 brds, they are initiating proceduers that would
resolve further conflict with the judge.
It was the feeling that even if the legal matter is corrected
the primary concern is the safety of the bicycle rider and the
County should be urged to install a bike lane on the north side
of East Avenue.
CM FUTCH MOVED THAT THE CITY SEND A LETTER TO THE COUNTY
ACKNOWLEDGING WHAT IS BEING DONE AND ALSO TO ADVISE THAT THEY
PROCEED AS EXPEDITIOUSLY AS POSSIBLE TO ADOPT THE RULES AND
TO DESIGN A TEMPORARY BIKE PATH ON THE NORTH SIDE OF THE ROAD
IF POSSIBLE, AS THIS IS THE ONLY WAY THE SAFETY PROBLEM CAN
BE SOLVED, SECONDED BY CM MILLER. CM FUTCH ALSO INCLUDED IN
THE MOTION TO ADOPT THE SIGNING, AS PROPOSED BY THE DIRECTOR
OF PLANNING, SECONDED BY CM MILLER.
Cm Tirsell suggested that Judge Lewis be informed of all action
concerning this matter because she is concerned about the lia-
bility involved until this item is cleared up, and the City
Attorney remarked that he intends to communicate, verbally,
with Judge Lewis adding that it is the responsibility of the
judge to remain impartial in matters between the City and County.
CM-29-l96
January 20, 1975
(re East Avenue Bike Lane)
r
Charles Hartwig, representative of the Livermore Bikeways Association,
stated that from the discussion which has taken place it is obvious
to everyone that there is a problem of adequate bicycle right-of-way
and bicycle safety. He pointed out that there are long term plans
which will be in effect in approximately five years, a suggestion
has been made for a bike lane on the north side of the road which
they would like to see implemented, and that there is an immediate
need for a solution with respect to legal and physical difficulties
concerning bicycling along the East Avenue bike path. He then re-
ported to the Council the Bikeways Association's proposal for imple-
menting a northern bike path almost immediately, and other immediate
solutions.
Cm Miller stated that he would be interested to know if these legal
questions are taken care of by our ordinances, within the City, be-
cause according to what the judge has said concerning the bikeway,
the City has made all the proper findings and that we are alright.
It seems that it is the County which isn't okay - this mayor may not
be true. However, if the City is not covered he would suggest that
the necessary changes are made to cover the legal aspects so that we
can move on something immediately.
The City Attorney stated that, without committing himself, it is also
his understanding that our ordinance does provide for the two-way
bike path on East Avenue but does not apply to other marked bike lanes
within the City. If, in fact, the ordinances do not cover everything
we are authorized under state law to create ordinances setting forth
rules and regulations for bike lanes which can be adopted. If a situ-
ation arises for which there is no ordinance an urgency ordinance
could be adopted.
Franklin Halas, 229 Garnet Drive, commented that regardless of the
differences between the County and Judge Lewis the fact remains that
the status of bicyclists on East Avenue is uncertain, regardless of
the intent of the County. He stated that he has reviewed both the
City and County ordinance on this matter and that the basic defect
with the County ordinance is that the language is very general and
he quoted portions of the County ordinance. He added that in his
opinion the problem could be eliminated by coordination between City
and Couunty to assure that the rules which apply to the bike path on
East Avenue are uniform.
The City Attorney commented that he neglected to mention the
fact that someone from the County Counsel's Office has indicated
that they are very interested in urging the state to pre-empt the
field of bicycle regulations and we will probably be going before
the state legislature during its session in an attempt to get them
to act. Mr. Logan has indicated that if the Council is willing we
would go along with this type of approach so that there will be a
consistent state-wide ruling for all bike lanes.
Bill Raymond, 2368 Buena Vista Avenue, member of the Livermore Bikeways
Association, commented that he would like to present more specifics
to the Council for a north side bike lane and that, in general, the
East Avenue bike route is probably the most unique bike route in
California and it probably has the largest number of bike riders
on a daily basis than any other bike route. There are approximately
500-600 bicyclists using the route each work day during the summer.
Just last ~eek a count was taken and there were 250 bicyclists using
the route just in the month of January. He then summarized a letter
he submitted to the Council by saying that the Association feels the
needs of the users should be determined before alterations are made.
The Bikeways Association has met with various people, surveys have
been done concerning this bike path and based on this information
it is felt that the berm is preferable and a safety feature. They do
not want the berm to be removed. If the County insists on removing the
CM-29-l97
January 20, 1975
(East Ave. Bike Lane)
berm they would like a questionaire to be circulated among the
500-600 bicyclists that use the path on a good day to find out
how they feel about removing the berm. He agreed that the situa-
tion of hazards at the intersections is a current problem but
asked that there be serious consideration of the possibility of
substituting a new set of problems for the old if a north route
is developed and noted that there are additional intersections
on the north side that bicyclists do not have to contend with
by using the southerly bike route - LLL parking lot, Mitra Way,
Charlotte Way, etc. He stated that from information gathered
it is estimated that the northside route would cost approximately
$115,000 if an adequate lane is provided.
Greg Davis, 316 Ontario, spokesman for the Touring Club, commented
that they endorse everything that has been said this eveining Mith
respect to the bike lane on East Avenue and would like to add that
it is felt the proposal by the County for a temporary solution is
totally inadequate. He suggested that signs also indicate whether
or not a motorist should yield to the bike riders in the areas
of the bike lanes because it appears that motorists are not sure
what the rules are concerning various matters such as this.
Arnold Rivenes, ll93 Avineda de Las Palmas, stated that he was
one of the unfortunate people to have been hit by a car while
using the East Avenue bike lane and would like to suggest that
bike paths are arranged so that bicyclists are not forced to
ride the wrong way while approaching an intersection. If a
two-way bike path crosses any number of intersections they
really should be eliminated because they are extremely hazardous.
In his opinion the berms are dangerous rather than beneficial
because the pedals of the bike can hit the berm and flop the bike
and tires on cars can also rub along the berm and the increased
friction can throw the car into the bike lane. other types of
separation such as the raised buttons would be much more desir-
able for this reason. He stated that he would feel safer with
a narrow painted stripped bike path on each side of East Avenue
rather than the current situation.
Bob Reedy, 414 Stanford, as a daily bicycle rider using the East
Avenue bike lane stated he is primarily concerned with what his
legal rights are, as a bike rider. He stated that one thing which
has not been mentioned is that it is imperative that the bike lane
be swept and kept clean. In one area the street sweeper does not
have accessibility and there is glass and trash in this area. In
his opinion the raised button would be preferable to the berm for
a divider.
AT THIS TIr1E THE MOTION PASSED UNANIMOUSLY.
The City Attorney asked if the Council would like to state
whether or not they would be in favor of state legislation
regulating the bike lanes and whether or not the Council
would like the City Attorney to participate in supporting
this type of legislation.
Cm Miller stated that perhaps East Avenue is different than
any of the other bike lanes in California becuase of the amount
of bicyclists using it and if the state pre-empts we might not
be able to do what we want.
The City Attorney commented that he feels the state would set
up rules of the road for bike paths such as bike riders shall
stay to the right and if motorists pass they must honk a horn
or something of that nature.
CM-29-l98
January 20, 1975
(East Ave. Bike Lane)
Cm Miller asked if the council is being asked to formulate pre-empted
state legislation, or state legislation - there is a difference.
Mr. Logan replied to the extent that if the state legislates, it will
~. pre-empt local laws. To the degree it will pre-empt will probably
( be determined by the state, and perhaps that is where we should have
\ our input. The more that bicycles are used and the more problems
that exist will generate that kind of legislation on a state level,
and the County will generate it whether the City does or not.
Cm Miller suggested that the Bicycle Association state their reaction
to pre-empted state legislation.
DeWitt Allen, 1076 Via Madrid, stated he was not a member of the Bike-
ways Association, but an advisor to the statewide bicycle committee
which has been meeting during most of last year in Sacramento and con-
sidering the very things that the Council has been discussing. Some
of the current consideration is to revise the current vehicle codes,
one of which is 21207 that permits local authorities to make their
own rules; also 21206 allows local authorities to design and construct
their own bicycle facilities. Their recommendation to the state
legislature will be made at the end of this week. As he understands
it, if the legislature goes along with the recommendations, it will
be to the effect that the local authorities can still design and con-
struct their facilities, but they will no longer have the authority
to make their own rules. This will be according to the vehicle code.
Mr. Logan stated that he was merely looking for some directions
as to how the City Council wished to approach the matter.
Cm Futch stated he has heard the discussion and shared the belief
expressed by Mr. Allen, and it looks like there will be state legis-
lation. In vie~ of that, he felt it would be to our benefit to cooper-
ate with the County Counsel to try to get the views of the bicyclists
included in that. CM FUTCH MOVED TO INSTRUCT THE CITY ATTORNEY TO
COOPERATE WITH THE COUNTY COUNSEL IN PURSUING BICYCLE LEGISLATION,
SECONDED BY CM TIRSELL, AND THE MOTION PASSED UNANIMOUSLY.
Bill Raymond asked if there were any existing proposals to remove
the berm on East Avenue from Charlotte Way east, and Mr. Lee replied
that the berm does serve a useful purpose; however in areas where
there is a confining width, it can also be a hazard, but he felt it
should be retained at this time. Cm Miller agreed that the berm
should be left until there is a response from bicyclists at least.
Mr. Raymond stated that what the Bikeways Association would like to
do is to survey the bicyclists regarding their feeling about the berm.
Cm Miller stated that perhaps they should recommend to the County
that they do nothing about the berm until there is a survey.
Mr. Raymond stated they have made a proposal with some cost estimates
as far as the north side route is concerned and asked if the City
Attorney planned to make a recommendation to the County to seriously
look into it and try to implement it within a given time.
Cm Miller replied that the best thing to do would probably be to
have the Public Works Director give the County the proposal, and
then follow up on it in a month or so as to whether it is feasible
and retain what we have until it is determined what the best course is.
Mr. Rivenes stated that the Council should take into consideration
the safety of the bicyclists and especially the children and his
concern regarding the berm was mostly for the bicyclists, not the cars.
CM-29-l99
"'-~-,.~--'~,.,-'---________,_~_..,..^_... m_.'~"_,__,__,_,,_.-,,...~_
January 20, 1975
(East Ave. Bike Lane)
Don Patterson, 757 Avalon Way, member of the Valley Spokesmen stated
that he did not feel the berm was acceptable and that traffic dividers
were a preferable solution. His reasoning was based on actual test-
ing he had been involved in and as he rides every day, rain or shine,
he is aware that you cannot ~ee the top of the berm when it is raining
as it is reflected in the headlights of the cars, but the traffic
dividers being white are clearly visible.
Mayor Pritchard suggested that perhaps Rick Dondro meet with the
Bikeways Association and get together on some appropriate wording
for a survey on the berm, and he asked Mr. Raymond if he would be
willing to circulate the survey.
REPORT RE MOBILEHOME
INSTALLATION FEE
A report had been submitted by the Chief Building Inspector last
summer pertaining to mobilehome installation fees however no action
was taken at that time. Under Sec. 5078.2(a), Ch. 5, Title 25,
C.A.C. requires installation fees to be established by local ordi-
nance or resolution.
Cm Miller stated that his only question is whether the fees are
high enough and Mr. Street replied that the fees were calculated
last July which is something new and there have been only about
half a dozen inspections of mobilehome installations since then.
Mr. Street felt the fee substantiated the time involved.
CM MILLER MOVED THAT THE STAFF BE INSTRUCTED TO PREPARE A RESOLU-
TION OR ORDINANCE, AS THE CASE ~ffiY BE, SECONDED BY C~1 FUTCH, AND
APPROVED UNANIMOUSLY.
REPORT RE WORK ORDER CHANGE
GRADE SEPARATION PROJECT-BICYCLE PATHS
The Public Works Director explained that it had been calculated
that the combination walkwa~bike path, using unit prices in the
contract, would amount to $58,000 for the two grade separations.
The contractor has calculated the amount at $75,000, or a differ-
ence of $l7,000. He bases this on change in character of work.
Mr. Lee stated that originally the underpasses were designed with
walkways adjacent to the curb, 5 feet in ~ idth. After that the
Council decided to include the combination walkway-bikeway to be
located up on the slope, and the amount was included in the esti-
mate of cost. Now that the redesign has been made, the contrac-
tor has come up with the figure of $75,000. Mr. Lee stated he
had considered the possibility of not having it done at this time,
and after the project is completed, to simply widen the sidewalk
adjacent to the curb and gutter, which would not be as good or
look as good. This is estimated to cost $38,000. He suggested
that the Council authorize the staff to negotiate with the contrac-
tor and attempt to come under the estimated figure.
CM FUTCH MOVED THAT THE STAFF BE DIRECTED TO NEGOTIATE WITH THE
CONTRACTOR, SECONDED BY CM TIRSELL.
Mr. Parness explained that the contractor had told him they would
prefer having a subcontractor do the work under their direction,
but any reduction in cost would inure to the City. It could be
done that way or negotiate with the contractor for a modification
of the design.
CM-29-200
January 20, 1975
(Change Order - R.R. Proj.)
Mr. Lee pointed out that the change order should include a part of
the project and the state is participating in the amount of 45%.
Mr. Parness reminded the Council that the contractor may not be
willing to negotiate and Cm Futch stated that the motion implied
that the staff should use their judgment in negotiating with the
contractor.
Bill Raymond asked if there had been any negotiating regarding the
width of the bikeways they intended to negotiate for, because if
they are negotiating on width in terms of cost, the end result may
be an inadequate bikeway, and Mr. Lee replied that the width is not
negotiable as it has been set at eight feet. Mr. Raymond suggested
that they might concentrate the funds on the "P" Street crossing
because that is the most important one and Mr. Lee stated that un-
fortunately, "P" Street is the most expensive and has the most problems.
A VOTE WAS TAKEN ON THE MOTION AT THIS TIME AND PASSED 3-l WITH THE
CHAIR DISSENTING.
PROPOSED ORD. RE ADOPT.
OF UNIFORM PLUMBING CODE
An ordinance was prepared amending Chapter 15, relating to Plumbing,
of the Livermore City Code, 1959, by the adoption of the Uniform
Plumbing Code, 1973 Edition and amendments thereto which was to be
introduced and set for hearing.
Cm Miller stated that he would like to suggest some amendments to
the proposed ordinance and asked if the matter could be continued
and MOVED THAT THIS ITEM BE CONTINUED FOR TWO WEEKS, SECONDED BY
CM FUTCH AND PASSED UNANIMOUSLY.
REPORT FROM CITY
MANAGER - WEEKLY STATUS
Publie-Works:
There has been a delay for some time with the line crossing I-580
that will interconnect our treatment plant with the reservoir because
of the need of installing telemetry lines underneath the highway.
That work has finally been done by the contractor and the project
should be completed in about two weeks. This will permit filling
in of the excavation on the golf course.
Installation has been completed on the five monolite poles that the
Council agreed to. There are two on "J"-Street, two on "K" Street
and one on Livermore Avenue. The salvaged fixtures are being trans-
ferred to Airway Boulevard.
The Industrial Advisory Board and Planning Commission recently con-
ducted a walkthrough of the Planning and Building Departments at
their request to acquaint them with our staff and physical facilities
and just what type of response may be offered to an inquirer. They
composed a hypothetical type of project and they were quite satisfied
with what they learned. One criticism they had to offer was the
disgusting physical facilities and they agree it is most difficult
to try to do anything orderly because of this.
Crosswinds Restaurant:
The new tenant at the Crosswinds Restaurant has been in contact with
the staff regularly over the past few weeks regarding the building
CM-29-20l
-~_,_.__,_._.M_~_'."'__M'_"'_'_'_~,<_,~____,__",,_,'_~________'_'_"_" .".~.__
January 20, 1975
(Crosswinds Restaurant)
modification and he has been referred to the building architect
who has presented a building modification plan for him which seems
satisfactory and it has been referred to the Design Review Committee
who were satisfied with it, and they are now proceeding with the
changes.
ADJOURNMENT
There being no further business to come before the Council, the
regular meeting was adjou
ATTEST
APPROVE
Regular Meeting of January 27, 1975
A regular meeting of the City Council of the City of Livermore
was held on .January 27, 1975, in the Municipal Court Chambers,
39 South Livermore Avenue. The meeting was called to order at
8:05 p.m. with Mayor Pritchard presiding.
ROLL CALL
PRESENT: Cm Miller, Tirsell, Turner and Mayor Pritchard
ABSENT: Cm Futch (seated during Open Forum)
PLEDGE OF ALLEGIANCE
The Mayor asked Pat Roshe, a 5th Grade Student at Jackson Avenue
School, to lead the Councilmembers and audience in the Pledge of
Allegiance.
APPROVAL OF MINUTES
January l3, 1975: Page l78, paragraph 3, Cm Turner noted, etc.
rather than Cm Futch.
ON MOTION OF eM TURNER, SECONDED BY CM MILLER, AND BY UNANIMOUS
VOTE THE MINUTES FOR THE MEETING OF JANUARY l3, 1975, WERE
APPROVED AS CORRECTED.
CM-29-202
January 27, 1975
OPEN FORm.!
Petition re Taxation
,~
Paul Tull, 2243 Linden Street, spoke of the letter dated January 24,
which he had received from the City Clerk and the enclosure therein,
titled "Memorandum of Law" which had been prepared by the City
Attorney on December 13, 1974. Mr. Tull stated that when he
presented the petition the second time he had attached a letter
which he read at this time. He did not feel that the letter had
been referred to five of the six officials of the City and asked
the Council to determine now whether or not the petition was good
since there were 3,027 signatures which is more than 20% of the
voters who voted at the last election, asking for a vote on whether
the City should continue with the Railroad Project and Underpasses.
As a basis for his request he quoted from the Constitution of the
State of California, Art. I, Sections 1, 2, lO and 22, and asked
that the Council call a vote.
Mayor Pritchard advised Mr. Tull that the members of the Council
had seen the petition and have no quarrel regarding the number of
names affixed thereto, however the Clerk has not certified it to the
Council, and will not, for the reasons stated in the City Attorney's
letter.
Mr. Tull stated that the petition was not an initiative because it
did not ask for a resolution or an ordinance; secondly, it is not
a referendum since it is not attacking any former resolution or ordi-
nance; therefore, it comes into a third category which is information
to our legislatures.
Mr. Logan was asked to comment and stated that it is technically
known as an advisory initiative and, to his knowledge, there is no
procedure and no right under California law to have an advisory ini-
tiative put on the ballot at the request of private individuals.
His opinion has not changed in the matter, and if Mr. Tull does not
agree with his legal opinion, there are always courts that can settle
these matters.
Mr. Tull gave a rebuttal to Mr. Logan's opinion by again quoting
Article I, Section 2. He asked the Council if they refused to
accept the petition, and Mayor Pritchard stated he felt it would
out of place for the Council to comment since the petition had not
been certified to the Council by the Clerk.
PUBLIC HEARING RE CITIZEN
INPUT RE HOUSING AND
COHHUNITY DEVELOPMENT ACT
The public hearing regarding the Housing and Community Development
Act was continued from the meeting of January 20 to this time.
Mayor Pritchard advised the Council that it would be necessary to
meet again before the end of the month regarding this matter after
the close of the public hearing and asked when they could meet, and
the Council agreed to meet at 7:30 p.m. on Thursday, January 30,
in the Council Chambers. ~!ayor Pritchard stated that if a change
is necessary the Clerk will post the door.
Gloria Taylor, Chairman of the Design Review Committee, stated the
Committee had submitted a proposal which in brief was their concern
for the development of downtown between P Street and L Street. They
have worked with the Planning Cornruission in drawing up goals for
that area and the Committee has drawn up a visual plan which they
feel has possibilities. They are concerned at this point that if
a developer submits an idea for that area, as long as it meets the
CM-29-203
'--'-~'--_.'<."-""'~'-'---'-''''''''''- -'""._~~._.,._,,------~,--,,-,.. "-'~"'~--'-'~--",,~--~--- ---.... - ,.., ---"-'-'-"'~"--"---'-----_.. .. -_._~.__.,. ,.--.
January 27, 1975
(P.H. re Citizen Input re Housing
and Community Development Act)
requirements, there is nothing to prevent the development, and they
feel it is important that a plan is drawn up for the area.
Lois Hill, of the Community Recycling Committee, stated one of their
members had made suggestions for use of the money, of which several
were ineligible, but one was a child care center and the other a
community vegetable garden for which she presented a concrete pro-
posal. The Committee recommended the use of some of the Community
Development funds for several community vegetable gardens which
they feel would help beat inflation and recession, promote commun-
ity spirit, provide recreation for the participants, utilize soil
resources and preserve open space. She stated that Berkeley has
participated in this type of program for three years, and there was
also a community garden in Milpitas. The suggested areas were:
l) adjacent to Robert Livermore Park on East Avenue, 2) on Kitty-
hawk Avenue near the sewage treatment plant. The funds could be
used for land purchase, site preparation and initial operating ex-
penses and continued expenses could be covered by fees. LARPD has
been considering such a project for some time and this additional
money would enable them to activate their plans. She also presented
the Council with a specific recommendation for a garden program
with cost analysis.
Cm Tirsell asked Mrs. Hill if there was any available land that had
water and Mrs. Hill stated there was not.
Cm Futch was concerned about vandalism, and Mrs. Hill stated there
would be fencing which was included in the cost analysis, and also
the suggested areas were near the treatment plant and fire station,
which she felt would be a deterrent as far as vandalism is concerned.
A proposal was entered into the record by Mayor Pritchard from
Interfaith Housing and also from the Garnet-Austin Center for the
Hentally Retarded.
Sally Bystroff, 330 Scott Street, stated that John pitts, Chair-
man of the Ecology Center, who is also on the Board for the Buenas
vidas Youth Ranch, is looking into the potential of setting aside
a large portion of the land in that area for a garden spot which
they hoped to make available to the community, probably for organic
gardens.
CM TURNER MOVED THAT THE PUBLIC HEARING BE CLOSED, AND ASKED THAT
THE TESTIMONY GIVEN TONIGHT BE INCLUDED FOR THE MEETING ON THURSDAY.
MOTION WAS SECONDED BY CM TIRSELL AND PASSED UNANIMOUSLY.
CONSENT CALENDAR
DEPARTMENTAL REPORTS
The following Departmental Reports were received:
Airport - Activity, December
Financial - July-December, 1974
Building Inspection Department - December
Emergency Services-Quarterly, October-December 1974
Finance Department-Revenues-Expenditures, July-December
Golf Courses - springtown and Las positas, July-December
Library Activity - October - December
Mosquito Abatement District - November
Municipal Court - November and December
Planning-Zoning Activity-January-December, 1974
Police and Pound Departments - December
Water Department - November
Water Reclamation Plant - November
CM-29-204
January 27, 1975
(Departmental Reports)
Cm Futch stated that in the Water Reclamation Plant report it indi-
cated there was excess fluoride in the sewage effluent discharge
during the last six months and questioned which industry was respon-
sible for this increase and what can be done to clear it up.
('
"
Mr Parness explained that this matter had been discussed by the
staff today, and the source is a local industry which has been con-
tacted and the staff is working with the management of the company
to correct the situation. In reply to a question from Cm Miller as
to who is responsible for the contamination, Mr. Parness replied
it was Intel Corporation.
Cm Miller asked at what point the Regional Quality Control Board
might begin to assess a fine. Mr. Lee was asked to reply, and
stated they are concerned about it and a report is being prepared
for the Regional Board staff, explaining the difficulty the industry
has experienced, the cause and the remedy. Intel has been advised
that they must control the elements to avoid problems at the treat-
ment plant and it is felt they will cooperate. They are being re-
quested to initiate a self-monitoring program which will be closely
followed.
Cm Futch asked at what frequency the discharge is sampled, and Mr.
Lee replied we are not in a position to take a continuous composite
sample. Cm Futch asked who detected the metals, and Mr. Lee stated
the City has been aware of the problem and there have been meetings;
it was detected at the sewage treatment plant, where samples are
taken daily. There are some composite samples taken over a week's
period and others over a month's period also.
Cm Futch suggested that it would be appropriate that the staff
prepare a report regarding this matter for the next meeting and
Mr. Lee agreed to have a report.
Payroll and Claims
There were 260 payroll warrants in the amount of $8l,820.63, dated
January 10, 1975 and l63 claims in the amount of $306,545.l9,
dated January 20, 1975 ordered paid as approved by the City ~anager.
APPROVAL OF CONSENT
CALENDAR
ON r.lOTION OF CH MILLER, SECONDED BY CM FUTCH, AND BY UNANIMOUS
APPROVAL THE ITEMS ON THE CONSENT CALENDAR villRE ACCEPTED.
IffiTTERS INITIATED BY
STAFF (Executive Session)
The City Attorney asked that there be an executive session following
the regular meeting concerning pending litigation.
//--
MATTERS INITIATED
BY THE COUNCIL
(Field Investigation
Report - Police Dept.)
Cm Turner stated that due to a complaint made by a citizen with
respect to the policy of a field investigation report being done
by the Police Department, Cm Miller, Cm Turner and Sgt. Lee met
last week at City Hall to discuss this matter with Mr. HcNicholl,
the person who had made the complaint. The result of the meeting
was that Mr. McNichol! is still not satisfied with the policy but
CH-29-205
January 27, 1975
(Field Investigation Report
Police Department)
it seems that this is the best method available to the Police
Department at this time.
Cm Miller stated that the City is uneasy about the field investi-
gation reports but there does not seem to be a reasonable alterna-
tive and in view of the problems of crime we have in Livermore
this seems to be the best compromise available.
(Political Signs)
Cm Miller stated that there have been articles in the paper about
political signs being used and particularly concerns about the
size of the signs. A recent court decision has now made it unclear
as to how much authority the City has with respect to political
signs and it would seem that our City Attorney should review
what is and is not plausible and whether or not the Council
would wish to enforce our ordinance and accept a court challenge
or to change our ordinances.
(LAFCO Hearing)
Cm Miller stated that he would like to know what the City is
doing toward preparing for the LAFCO hearing and Mr. Musso
replied that he intends to review the LAFCO Sphere of Influence
and prepare something for the City Attorney to review.
Cm ~U.ller wondered when the final date for submitting material
might be and Mr. Musso stated that the date of the hearing is
the final date.
(City Assets)
Cm Miller stated that recently there was an inventory of City
property and an estimate made of the replacement value. He
stated that he would encourage such reviews because this would
allow the City the opportunity to review annexation fees which
are presently built into the business license tax, and requested
a listing of the itemized breakdown of the assets and the replace-
ment value for distribution among the Councilmembers. He stated
that he would also like the Council to discuss, after review of
the report, the annexation fee.
(Park Dedication)
Cm Miller stated that the City has ordinances requ1r1ng park
dedication as well as a clause in our annexation agreement which
requires park dedication and, in essence, this is double regula-
tions. He stated that if something goes wrong this is a type of
double insurance that the City will receive park dedication and
suggested that the policy with respect to annexation agreement
should be reviewed to insure that there is also school site
dedication.
(Stark's Response
re Corps of Eng.)
Cm Futch stated that a letter of response has been received from
Congressman Stark with respect to the Corps of Engineers study
and that he has asked that the Corps state their previous assur-
ances, in writing, that the study will not enhance the development
potential of Las positas and that a flood control or water manage-
ment study will not be done for this area.
CM-29-206
January 27, 1975
(CBD Plans & Goals)
Cm Tirsell asked about the CBD Plans and Goals and Mr. Husso stated
that there has been no further action by the Planning Commission.
There is still discussion taking place in the committee and they
have submitted one interim report several months ago.
Cm Tirsell stated that she is anxious to finalize something by
the end of this year and a specific plan filed and suggested that
the matter be discussed as an agenda item.
The City Clerk was directed to place the Goals and Objectives of
the CBD Committee on the February lOth agenda.
(AB 337)
Mayor Pritchard stated that AB 337 has been introduced and will
eliminate SB 90. It is considered that this legislation would be
worse than the present SB 90 and the League urges that the City
oppose AB 337, as soon as possible.
CM FUTCH MOVED THAT THE STAFF BE DIRECTED TO INDICATE THE COUNCIL'S
OPPOSITION, BY LETTER, TO AB 337, SECONDED BY CM TIRSELL AND PASSED
BY UNANIMOUS VOTE.
COMMUNICATION RE WALL
ST. REPRESENTATIVES MEET-
ING WITH STEP PERSONNEL
A letter was received from Cm Turner with respect to the meeting be-
tween the STEP personnel and the residents of the Wall Street area.
Cm Turner stated that the letter he has submitted to the Council
is based on comments made at the meeting which was arranged by
Sharon Heinz and that all the people were not receptive to the
STEP involvement but most of the people were in agreement. He
suggested that his letter and input from Mrs. Heinz be reviewed
by the staff and that the staff report back to the Council.
Sharon Heinz stated that in her opinion the facts reported with
respect to lighting were not clear because even though there are
poles located at regular intervals all of the poles do not have
lights and wanted to clarify this point.
Mr. Lee reported that the spacing for lights in residential areas
varies because of the limitations as to where poles can be located.
They are located on lot lines and are not done with even spacing
but as he recalls the spacing for Wall Street is quite typical of
residential areas and not unusually close or far apart. She stated
that Wall Street is a collector street, children from two schools
are using the street and Chabot College courses will always be
given at night at Granada High School and for these reasons feels
that there should be more lighting and that this street is not a
typical residential street.
The staff was directed to submit a report on the lights and a
diagram as to where the lights are located and which poles do not
have lights and Mr. Lee commented that perhaps he and the Chief
of Police could take another look at the situation during the
evening and re-evaluate that street.
Cm Turner asked that when a report is submitted to the Council
there be staff comments on his letter.
CM-29-207
January 27, 1975
REPORT RE CALVARY
TEMPLE SEWER CONNECTION
Consideration of the sewer connection for the Calvary Temple
Church located on Arroyo Road was delayed for two weeks due
to a forecasted problem concerning the future widening of
Arroyo Road. The planned right-of-way would require encroach-
ment to within a few feet of the existing church structure
and the staff has been considering possible modifications.
Other considerations are modifications for right-of-way widths
and the design features to the alignment of the Arroyo bridge.
Mr. Lee explained that the county standard provides for 15 ft.
of right-of-way from the basic curb to the property line while
the City's standard is for 10 feet from the curb to the property
line with 20 ft. for a trail system. In addition there is a
problem at the bridge crossing the arroyo and the City staff
has proposed two 445 ft. radius "S" curves going across the
bridge to limit the posted speed to 25 mph which agrees with
the recommendation of Mr. Mason. The county has suggested a
600 ft. radius curves be provided with a straight section be-
tween them which would cut into the subdivision area south-
west of the bridge. The design would be safer and taken at
greater speeds and the posted speed would probably be 30 mph.
He then explained the plans for widening Arroyo Road and the
fact that some of the houses will have to be moved back on
the east side of the road.
Cm Tirsell wondered why the study regarding the widening went
all the way to the V.A. Hospital, and Mr. Lee explained that
nearly the entire length of Arroyo extends to the hospital
which will be widened and the county does have an interest
in resolving the future right-of-way lines, alignment and
grades, etc. out in that area. Because this was a cooperative
study the county property was included in the study along with
the City property.
Cm Tirsell stated that it is her understanding that if the lO
ft. standard is used there will be a lO ft. bike trail on the
east side of Arroyo Road and a lO ft. equestrian trail on the
west side of Arroyo Road and Mr. Lee stated that this is correct.
Mr. Lee then illustrated the proposal by using diagrams of the area.
It was noted that the church building would be located 45 ft.
from the vehicular traffic area.
Mr. Lee explained that the future widened Arroyo Road will in-
clude medians, emergency parking areas, and will be four lanes
including through the Arroyo bridge area and Mayor Pritchard
wondered what the plans \V'ill be for South ilL" Street north
of the bridge because there is one house located very close
to the present narrow two-lane road on Peppertree Lane and
the back yard is practically in the street.
Mayor Pritchard expressed concern for a wide four-lane road
that will narrow down to a two-lane street going through
town and Mr. Lee pointed out that ultimately Concannon Blvd.
will be widened, will be a through street and it is anticipa-
ted that the bulk of the traffic will travel east and west
rather than continuing north through town.
Mayor Pritchard then asked how much land will be taken from
the west side of Arroyo Road and Mr. Lee indicated that half
will be taken from the west and half from the east for the
widening, and that at the time the standard was less for a
major street; therefore, there are 5 ft. available for the
widening at present.
Cm Miller stated that our present major streets have smaller rights-
of-way, smaller parking space, and smaller medians than those of
the county and it seems that there might be merit in proposing
CM-29-208
January 27, 1975
(Report re Calvary Temple
Sewer Connection)
('
\
"
this to the county because less properties bordering Arroyo Road
will be "chopped" and also there would be less expense in paving
and building the road. This street will probably never be a major
freeway and he has the feeling that the City will end up doing the
whole job and will have to pay for it also. The county has com-
mitted us to a much larger scope but they will probably manage to
get out from under the obligations involved some way or another.
Mr. Lee stated that the county can make a very good case for support-
ing their standards and would recommend that the city use theirs.
Mr. Musso stated that there have been some changes from the original
application for sewer connection but that the primary change in-
volves the street dedication which the Council is now discussing
and which Calvary Temple disagrees with. He added that Calvary
Temple does not disagree with conditioning to Exhibit "B" but they
do object to the content of Exhibit "B". The church does not want
the City to review their building design, does not want to conform
to the City sign ordinance, and does not want a requirement for
fencing which Mr. Musso added was intended to be provided for day
care facilitie. They wish no indication as to location of trees.
Also they would like the County Zoning Administrator to amend the
sewer connection agreement. Mr. Musso indicated that this would
not be possible because this would have to be amended by the City
Council. With respect to a requirement for curbing around landscaping,
they feel that this also should be eliminated. Rather than installing
sewer lines along the entire frontage they wish to extend the line
only to their lateral which would present future problems at a
time when someone else would like to develop to the south. They
object to the installation of street lights. The agreement indi-
cates that they will not receive a credit on the storm drain fee
and Mr. Musso stated that this is because they choose not to pay
the City storm drainage fee. The also propose not to join in the
improvement of Arroyo Road and do not want to pay in lieu taxes
because a church does not pay taxes.
~1ayor Pritchard asked if the conditions are to be met in a short
period of time and Hr. Husso explained that the normal procedure is
that either they are met at the time of connection, bonded for, or
otherwise assured.
Mayor Pritchard stated that Calvery Temple has already developed,
some landscaping has been accomplished and since the buildings
are already there he would like to know why their building elevations
must be subject to design review approval and Mr. Musso stated that
this is assuming a new building is to be built and the City has no
intention of reviewing something that exists.
Ed Hutka, spokesman for Calvery Temple, stated that their concern
is being in the middle of City and county requirements and Mr. Musso
noted that the City cannot eliminate any requirement the county might
have because their regulations would apply. At this point it has to
be determined what additional requirements the City might wish to
impose for this particular development.
There was discussion regarding their sign and Mr. Hutka stated
that presently the sign does not conform to the City ordinance
and it was erected at a very large cost and they do not want to
have to remove it and Cm Turner wondered if they would be willing
to pay for a new sign through amortization.
Mr. Hutka stated that he would ask the church board if they would
be willing to remove the old sign which was followed by discussion
regarding the length of time other people were allowed to have to
pay for a new sign.
CM-29-209
-~---'_.~,._-,.~._-~'"._------_...~
January 27, 1975
(Report re Calvary
Temple Sewer Connection)
Mayor Pritchard stated that he would like to know what the City
intends to do about an adjacent property owner who is in the
county and might have a sign that does not conform to our ordi-
nance but is allowed by the county and Cm Miller stated that if
someone applies for sewer connection they should be required to
conform to our ordinances. Mayor Pritchard stated that perhaps
it would be better to ask them to conform at the time they annex
to the City rather than at the time they connect to the sewer.
It was noted that presently the most critical problem is the
street width and that this should be discussed prior to getting
into other areas.
Mr. Hutka stated that he realizes there is a problem with the
width of Arroyo Road and pointed out that the width from curb
to curb varies at Concannon Boulevard, at Arroyo bridge, at the
First Baptist Church and at the presbyterian Church, going all
the way from 90 ft. to 50 ft. at the narrow portion where there
is residential development. He suggested that to solve this prob-
lem the plans for Arroyo Road to become a major street should be
eliminated.
Cm Futch stated that in the first place he feels the City made a
mistake in not requiring the bike path on the other side and at
that time the Council was assured that there would be no oroblem
in placing it on the opposite side of the equestrian trail, and
it would appear that it is creating a problem. He stated that
he is firmly convinced that we do need a bike path and a sidewalk
on the east side of the road and that this system will connect the
main recreational areas with the residential areas, and will prob-
ably be the most useful trail system Livermore has for some time.
He stated that, basically, he would be in favor of a decrease in
the standard street { idth and if the county chooses to adopt some-
thing less this { ould be satisfactory but he would like to see
the trail provided for.
Cm Miller stated that he feels it would not be unreasonable to
suggest that this particular street does not need to be as~ide
as the general major street standards of the county and that our
City standards should be sufficient for this area.
Cm Tirsell stated that in her opinion the additional width is the
addition of the trails and the parking lanes but would agree that
there could be some reduction in the median area.
Mr. Musso pointed out that the total difference between the county
standards and the City's is 6 ft. and Cm t1iller stated that even
3 ft. on each side would make a considerable difference, particular-
ly where the church is concerned.
Mayor Pritchard wondered if the county would be willing to make a
change in the standards and Mr. Lee replied that if it is written
up a certain way in the agreement he is sure they will want us to
adhere to it, and he believes it is in the agreement.
Discussion followed relative to the street width, the bike trail
and equestrian trail and the provision of some type of median
separating the trails from the street, as well as the possibility
of including the sidewalk and the bike trail together with the
equestrian trail between the sidewalk and property line.
CM MILLER MOVED THAT THE COUNCIL TRY TO ACCOMPLISH THE FOLLOWING:
l) PERSUADE THE COUNTY TO HAVE A SMALLER FUTURE WIDTH LINE: AND
cm-29-2l0
January 27, 1975
(Report re Calvary Temple
Sewer Connection)
2) IN FRONT OF THE CHURCH TRY TO REDUCE THE WIDTH AS MUCH AS
POSSIBLE WHILE STILL MAINTAINING THE BIKE TRAIL AND EQUES-
TRIAN TRAIL.
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fv10TION WAS SECONDED BY CH TIRSELL.
Mayor Pritchard stated that he sees little chance in getting the
easement reduced but would suggest that the Council set a policy
for this area, of keeping the equestrian trail and the combined
bike and sid~ hlk as close to the curb as possible with as little
landscaping or space between the two as possible so that there can
be more room between the trails and the church structure. He stated
that he would suggest a footage of within l8 ft.
Cm Futch stated that the 25 ft. suggested by Mr. Lee :Iould seem to
be a reasonable amount and a lot of the last 10 ft. would be used
for landscaping and a few bicycles passing would not be very noisy;
also, the traffic would be located 45 ft. from the building. In
order to provide for the equestrian trail, the bike trail, and
some landscaping there probably should be an allowance of 25 ft.
Mr. Lee indicated that a combined bike trail and sidewalk would
necessitate only 8 ft., and the equestrian trail could be provided
with an additional 8 ft. area.
CM MILLER AMENDED HIS MOTION TO STATE THAT THE CITY FORMALLY REQUEST
THE COUNTY TO REDUCE THEIR STANDARDS TO CONFOID1 TO CITY STANDARDS
FOR THIS AREA, SECONDED BY CM TURNER, WHICH PASSED UNANIMOUSLY.
Mayor Pritchard suggested that the Council establish a policy con-
cerning the width for Arroyo Road and Cm Tirsell pointed out that
there is other construction on Arroyo Road and if the Council arbi-
trarily picks a width, anyone who owns a home along Arroyo Road can
ask for an arbitrary figure and would like to pick a design for
Arroyo Road that the Council could abide by for the length of the
road.
Cm Miller stated that he feels the ideas of Cm Futch and Mayor
Pritchard are synonymous in that the Council should not worry
about the overall easement but in places where there is conflict,
such as there is where the church is located, the bike trail, etc.
can be designed so that they are out closer to the street and close
together and where there is no conflict there can be a more meandering
attractive design allowed.
Cm Futch stated that because there is a pr~existing building he
would agree there is a problem and perhaps only 25 ft. should be
required but this does not mean that 35 ft. for the trail, etc.
should not still be required for other areas.
CM FUTCH MOVED TO RETAIN THE EXISTING RIGHT-OF-WAY DIMENSIONS (35 ft.)
WITH A REDUCTION TO 25 FT. IN FRONT OF THE CHURCH AND THAT THE STAFF
BE DIRECTED TO PROVIDE A DESIGN FOR THE AREA BET~mEN THE CHURCH AND
TRAILS FOR MAINTAINING SEPARATION BETWEEN THE TRAILS, SECONDED BY
CN MILLER.
r
~mYOR PRITCHARD MOVED TO N1END THE MOTION TO STATE THAT THE REDUC-
TION OF RIGHT-OF-WAY SHOULD BE KEPT WITHIN l8 FT., SECONDED BY
CM TURNER WHICH FAILED 2-3 WITH CM MILLER, FUTCH AND TIRSELL
DISSENTING.
It was noted that Cm Futch and Miller might agree that this
could be done with 18 ft. allowance but would prefer to see a
design first.
CM-29-2ll
January 27, 1975
(Report re Calvary Temple
Sewer Connection)
The Council, at this time, returned to the item of the sewer
connection agreement and Cm Miller stated that the standard
practice with respect to the sewer connection is to impose
the conditions as if it i ere property within the City and
he feels it is not necessary to change this policy - the
only difference in this case is that a church does not have
to pay taxes and their request to delete the portion concern-
ing the City tax rate for the assessed value is axeasonable
request. CM MILLER MOVED THAT THE COUNCIL APPROVE THE SEWER
CONNECTION SUBJECT TO THE STANDARD SEWER CONNECTION AGREEMENT
WITH THE EXCEPTION THAT THE CITY TAX RATE ON THE ASSESSED VALUE
BE DELETED, SECONDED BY CM FUTCH.
Cm Miller stated that with respect to the sign, the Sign Ordi-
nance says that a sign which is not in conformance with the
Section at the time of annexation to the City shall be removed
or otherwise be made to conform to the Section within a
period ending five (5) years after the date of annexation and
he stated that in his opinion since the City has the power to
require annexation to the City, in the sewer agreement, at any
time he would suggest that the time of the annexation should be
the date at which the amortization should begin for the five
year amortization. The other alternative would be for amortiza-
tion to begin upon the date of annexation.
CM TURNER MOVED TO BEGIN AMORTIZATION FOR A PERIOD OF FIVE YEARS
AFTER THE DATE OF ANNEXATION, SECONDED BY MAYOR PRITCHARD. (This
motion was later withdrawn) .
It was noted that the sign would be in the way when the street
is widened and Mayor Pritchard suggested that the motion state
that the sign should be removed at the time of widening or that
amortization could begin at the time of annexation for a period
of five years.
Mayor Pritchard stated that it is becoming increasingly clear
that the costs involved in annexation I ill be prohibi ti ve for
the church property which was followed by discussion concerning
various requirements such as curbs, gutters and sidewalks, etc.
Cm Miller stated that as he recalls there were similar questions
raised regarding public works improvements for the church located
on Vasco Road and as he recalls they were given a longer time
period such as five years to install the public i orks improvements
and he would be willing to have the motion include allowing the time
the previous church was given for getting the public works improve-
ments in.
AT THIS TIME CM TURNER WITHDREW HIS N1ENDMENT.
CM MILLER ADDED TO THE MAIN MOTION THAT CALVARY TEMPLE BE ALLOWED
THE SAl4E LENGTH OF TIME THE CHURCH ON VASCO ROAD WAS ALLmvED FOR
INSTALLING THE PUBLIC WORKS IMPROVEMENTS, AGREED TO BY THE SECOND.
Prior to voting to the motion Mayor Pritchard reviewed the vari-
ous exhibits and conditions imposed by the City.
Mayor Pritchard stated that he feels it is ridiculous to require
that they place six inch curbing around their landscaping be-
cause their landscaping has already been done. MAYOR PRITCHARD
MOVED TO DELETE ITEM. 12 OF THE CONDITIONS RE CURBS AROUND LAND-
SCAPING, SECONDED BY Cf1 TURNER AND l'1HICH FAILED 2-3, CM FUTCH,
MILLER AND TIRSELL DISSENTING.
Cm Futch stated that he feels it is not appropriate to change
the ordinance by omitting a condition and sewer connections are
supposed to be considered as if the property is within the City.
CM-29-2l2
January 27, 1975
(Report re Calvary Temple
Sewer Connection)
THE MAIN HOTION THEN PASSED BY A 4-l VOTE WITH THE CHAIR DISSENTING.
~,
It was noted that Exhibit "C" does not apply and discussion
followed concerning bonds. Mayor Pritchard commented that
the action taken was to approve the conditions.
The City Attorney asked if he is to prepare an agreement that
the Council can f~rmally adopt and the Council indicated that
they are only approving the form of the agreement they would
like the City Attorney to draw up.
Mr. Musso commented that the normal procedure for a sewer con-
nection is that the paper work go through all the departments
the same as any other permit, sent to the City Attorney for
final agreement preparation and then would come to the Council.
The reason the matter is before the Council at this time is
because of the major issues involved with the application.
Mr. Parness asked the Council if they wish to suggest to the
County that the width standards for Arroyo Road be reduced
regardless of whether or not Calvary Temple continues with
their application for sewer connection, and the Council indi-
cated that they would like the County to be notified of their
suggestion.
Emily Crowley, 2667 Palm Avenue, stated that she has property
on Arroyo Road and that there are others in the audience who
also have property in that area and that they knew nothing
about what is happening with respect to the sewer connection
application until they read about it in the paper. She stated
that they are concerned about the length of the widening be-
cause they have heard that Arroyo Road may be widened to as
much as l60 ft. which would eliminate entire houses in some
cases. She asked if anything could be done to scrap the plan
for this street becoming a major street going nowhere.
Mr. Lee explained that it is best for the City to know what
the needs are going to be and to establish an ultimate width
and if there are conflicts, as there would be with some homes,
then we should know it nO\\1. There will be notice of a study
for this area with respect to widening and the property owners
will have the opportunity to take part in such discussions.
Cm Miller stated that the future width lines, even if they are
set now, do not mean that houses have to be moved at this time.
At the time the road is eventually widened it will have to be
determined as to what will happen to some of the houses.
This will be a long time from now that the road is ultimately
widened. It is the county that is insisting on wider standards
and it would be advantageous for the property owners to talk
with the supervisor for this district and to the County Public
Works Department to try to encourage them to adopt the standards
the City is suggesting for this street.
~.
Mrs. Crowley commented that her major concern is that nothing
at all has ever been mentioned to the property owners and
that people are very concerned as to what might happen to
their homes and Mr. Musso indicated that he is sure the County will
have a public hearing for establishing future width lines and
special building lines and that all of the property owners will
be notified to attend the hearing and may give public testimony,
but they will have to finish the study first.
Mayor Pritchard stated that there is a lot of money spent on
engineering studies and maybe something should be said to
the county before the study is undertaken and Mrs. Crowley
interjected that perhaps the study is not necessary at all.
CM-29-2l3
- ----...-'---.------..--- ..~ .._~....'"--_."_.,,.-
January 27, 1975
(Report re Calvary Temple
Sewer' Connection)
Cm Miller stated that the reason the City is involved is because
of the amount of traffic on Arroyo Road and Mrs. Crowley stated
that she would disagree - there should be provisions for bikes
and horses but a four-lane road is completely unnecessary unless
futur major development is anticipated.
Cm Miller stated that plans and information can be obtained from
both the City and County Public Works departments and that the
planning stage is really the time to exert pressure for getting
changes made and would agree that there is merit in informing the
property owners as to what is being planned.
MAYOR PRITCHARD MOVED THAT LETTERS BE SENT TO THE PROPERTY OWNERS
ALONG ARROYO ROAD NOTIFYING THEM THAT A STUDY IS TO BE UNDERTAKEN
WITH RESPECT TO WIDENING OF ARROYO ROAD, SECONDED BY CM TIRSELL.
Discussion followed concerning the motion and it was mentioned that
the public hearing will be held in Hayward and that many of the pro-
perty owners will probably not be able to attend the hearing and that
they should have the opportunity to contact the county about the study
and plans before things progress too far to make changes.
Cm Futch suggested that perhaps since these people are located in
the county the letter should come from the county and Cm Miller
agreed that there might be a problem about the City sending letters
to county residents.
MAYOR PRITCHARD AT THIS TIME WITHDREW HIS MOTION AND CM FUTCH MOVED
THAT THE CITY COUNCIL REQUEST THAT THE COUNTY INFOm~ THE PEOPLE
AFFECTED BY THE PROPOSED WIDENING AT WHAT TIME AND PLACE THEY MAY
BE ABLE TO GIVE TESTIMONY AND WHERE THE DRAWINGS MAY BE REVIEWED,
SECONDED BY CM TURNER.
Morris Swenson, 1439 Lexington, asked who initiated the study and
Mayor Pritchard stated that the County of Alameda asked that the
City join in a study. Mr. Morris then asked what traffic counts
have been taken or why the county wants to widen Arroyo Road and
Mr. Lee indicated that there were City and county problems on
Arroyo road that needed answers and this was the reason the study
came about.
AT THIS TIME THE MOTION PASSED UNANIHOUSLY.
CM MILLER MOVED THAT THE RECO~1ENDATION FOR A S~mLLER RADIUS ON
ARROYO BRIDGE BE SUPPORTED, AS RECOW1ENDED BY THE CITY STAFF AND
TO BE RECm>1HENDED TO THE COUNTY, SECONDED BY CM TURNER AND PASSED
UNANIMOUSLY.
RECESS
AFTER A BRIEF RECESS THE COUNCIL MEETING RESUMED WITH ALL r.1Er.omERS
OF THE COUNCIL PRESENT.
cm,mUNICATION FRDr1
SENATOR CRANSTON RE
REVENUE SHARING
A letter was received from Senator Cranston with comments about
the usefulness of revenue sharing and asked for continued support
of revenue sharing.
COMI'1UNICATION RE
INDIRECT SOURCE REGULATIONS
Congressman Stark submitted a letter of thanks on the Council's
action urging implementation of the Indirect Source Regulations
CM 29-214
January 27, 1975
(Communication re
Indirect Source Regulations
The postponement, in his opinion, would be a setback in the fight
against continued dp.gradation of the environment and he had attempted
to stop Congressional action that precipitated the delay.
COHl'1UNICATION RE
FUTURE OF HOSPITAL
A letter was received from Thomas Andrews, Administrator of
Valley 1'1emorial Hospital which explained some of the plans for
the future of the hospital. He indicated that while Livermore
residents enjoyed health care services and the convenience of
a local hospital, the citizens in the western sector of the valley
were not being served; therefore a consultant was asked to do a
report on long range planning. The result of the study ..'1 as the
Gorsline Report which they have been following and which called
for development of an additional facility and resulted in a
health care center in Dublin/San Ramon. Additional property
was acquired to house a major hospital facility which will be
built near Pleasanton at the population center of the valley.
It is intended that they will proceed with the program as needs
dictate and as financing will permit. The Livermore facility
will continue to provide basic hospital services.
Cm Tirsell stated that she and probably most of the members
of the Council are concerned about the construction of a
new facility and would like to suggest that there be a meet-
ing with representatives of the Board of Directors of Valley
Memorial Hospital so that the concerns can be discussed and
questions can be asked. She stated that during the General
Plan Review one study committee devoted itself to health and
education needs for the community for an entire year and feels that
there is valuable information that can be presented to the hospital
people.
CM FUTCH MOVED TO APPOINT CM TURNER AND CM TIRSELL AS A SUB-
COMMITTEE OF THE COUNCIL TO MEET WITH THE APPROPRIATE OFFICIALS
OF VALLEY MEMORIAL HOSPITAL TO DISCUSS THIS SUBJECT AND REPORT
BACK TO THE COUNCIL, SECONDED BY CM TURNER.
Cm Miller stated that the issues involved should have some
public interest and particularly to the Hospital ~eaxd members
who helped finance Valley Memorial and the kind of issues Cm
Miller would like to be discussed are:
~~, iJ..I2)
~/~oJ' 3)
~ 4)
l) the need for a 450 bed hospital that cannot be provided
at Valley Memorial;
~~e ~~e~f~rJ~~acilities in Pleasanton and Dublin;
~~~ to a~~ a single central location; and
the desire to pre-empt private hospitals from "ripping off"
the profitable parts of community care and sticking the
public hospital (Valley Memorial) with the losing part.
;-
~f
Cm Miller stated that it seems there should be responses to
these kinds of questions. A 450 bed hospital on the present
usage of the hospital corresponds with 600,000 people in the
valley which is ridiculous. A 250 bed hospital corresponds
with 330,000 peoR~,And would be double what we expect to
have, based on t~~ral Plan. He stated that it is his
understanding that Valley Memorial could add/'50 beds at ~+.
the present site. There is no question that there is a need
for facilities at Pleasanton and Dublin and it seems that
the present clinics could furnish a feT 1 beds to aid in the
health care services for that part of the valley. Pleasanton
is not a central location and particularly if New Town is
CM-29-2l5
January 27, 1975
(Communication re
Future of Hospital)
developed and the economics of the situation is more important
than the central location. Last of all, the pre-emption of
the "rip off" private hospital could be taken care of if all
the valley wide agencies would support VMH and let the health
clinics remain in Dublin and Pleasanton. The point should be
made that the population projections do not justify the need for
a move. The llO beds we presently have correspond with
the usage rate for l47,000 population and that exceeds the
l32,000 people that will be funded for sewers, so that the present
bed capacity should be sufficient for even more than the number
of people who can receive sewage service. It is most unreasonable
to plan for a hospital to serve more people tha~_~~~} the popula-
tion projections are. If it is desirable to hav~centralized
location for one large hospital then the obvious implication is
that valley Memorial will be abandoned and statements to the con-
trary cannot be true. To move and build a new building and to
vacate an old facility is extremely expensive and any elaborate
new hospital construction is going to come from much higher patient
fees and all of us will end up paying for something that appears to
be unnecessary. He stated that he could be wrong but it is his under-
standing that federal funding is not being given for building new
hospitals and it is very difficult to obtain enough money to build
a very expensive n~hospital from private contributions and it will
have be done by loans at very high interest rates and, again, these
will come from patient fees. The reasonable solution would be to
retain Valley Memorial and expand the health clinics - possibly
10-l5 beds for each clinic which could take care of the kinds of
overloads that do not require hospitalization in a highly technical
hospital. In looking at the map it appears that the property which
has been purchased is close to the Pleasanton Fault and if this is
true it would be a very poor place in which to locate a health care
center. He would hope that these items would be brought to the
attention of the people on the Hospital Board and staff by Cm Tirsell
and Cm Turner and perhaps will inspire discussion among the public.
Cm Tirsell stated that she feels the citizens are very concerned
about this item because she has received more telephone calls about
it than for anything else since she has been a member of the City
Council.
THE MOTION PASSED BY UNANn~OUS VOTE AT THIS Tnm.
COMMUNICATION RE HEALTH
EXAl'HNATION SURVEY
A letter was received from the Department of Health, Education and
Walfare with respect to plans for conducting a health examination
survey for persons aged 25 through 74 to be conducted by the U.S.
Bureau of Census, calling on selected households for demographic
data and selections for examinations.
RECYCLING CENTER REPORT
Mayor Pritchard stated that he is very pleased with the report from
the Recycling Center which indicates a $l,5l7.67 net profit for this
year.
REPORT RE FEE ADJUSTMENTS
Mr. Lee reported that annual fee adjustments are routine and are
based on the Cost of Construction Index.
CH-29-2l6
January 27, 1975
(Report re Fee Adjustments)
Cm Futch asked if the City should have public hearings for adjust-
ing fees and Mr. Lee explained that the ordinance does not require
hearings and that it requires only a resolution adopted by the
City Counci.
,~
/
CM TURNER MOVED TO ADOPT RESOLUTIONS APPROVING ADJUSTMENTS FOR
ALL FOUR AREAS IN WHICH FEE ADJUSTMENTS ARE RECO~mENDED, SECONDED
BY CM TIRSELL, AND PASSED BY UNANIMOUS VOTE.
\
"
RESOLUTION NO. l7-75
A RESOLUTION PROVIDING FOR THE ADJUSTMENT OF
PARK FEES FOR CALENDAR YEAR 1975
RESOLUTION ~O. 18-75
A RESOLUTION PROVIDING FOR THE 2\DJUSTHENT OF
THE RESIDENTIAL CONSTRUCTION BUSINESS LICENSE
TAX FOR CALENDAR YEAR 1975.
RESOLUTION NO. 19-75
A RESOLUTION PROVIDING FOR ADJUSTMENT OF STO&~
DRAINAGE FEES FOR CALENDAR YEAR 1975
RESOLUTION NO. 20-75
A RESOLUTION PROVIDING FOR THE ADJUSTMENT
OF SANITARY SEWER CONNECTION FEES FOR
CALENDAR YEAR 1975
REPORT RE RATE
INCREASE FOR WATER
The Public Works Director reported that a study has been conducted
as to proposed changes in our City water rates by virtue of the
recent increase enacted by Zone 7 and it is recommended that a
resolution be adopted authorizing the fee adjustment. A written
report was also furnished for additional information.
Mayor Pritchard wondered if the City should hold a public hearing
when there is a rate increase involved and the City Attorney ex-
plained that the present ordinance does not require a public hearing
and allows change by resolution which he expanded upon and indicated
that if the Council wishes it certainly may hold a public hearing
but such is not necessary.
Cm Miller stated that it seems that our water rate should be less
than Cal Water's rates - there is only an in lieu of City tax that
gets paid by the Water Department.
;--
!1r. Lee stated that during the past l3 years we have been in the
area of l5% lower than the Zone 7 rates and at this time we are
asking for an increase for the amount that Zone 7 has raised our
rates. For some reason Cal Water did not increase their rates as
much and there was approximately only a 7% increase and there will
probably be another increase next year.
Cm Futch stated that he can understand that because Zone 7 charges
the City higher rates the City must raise their rates to correspond
with the increase but is not sure why the City must change the rates
for the meter sizes because this is not a reflection of water usage.
Mr. Lee explained that the fees come from the meter charge and the
quantity rate and there must be some relationship between the two
CM-29-2l7
January 27, 1975
(Report re Rate
Increase for Water)
because if the wholesale rate for the quantity is raised then it
means that the person using little water is not paying his fair
share because the system is there for his use and he should pay
whether he uses a lot of water or not.
Cm Futch stated that he would rather see an increase for the amount
of water used and possibly this would encourage conservation of water
use.
Mr. Lee explained that if the rate for quantity is increased but the
rate for the meter size is not increased this would result in an
inflation of the quantity rate and would be above Cal Water's.
Cm Miller stated that he is really dissatisfied over the sliding
rate structure which means that the more water you use, the cheaper
it is. Sliding rates encourage use and wasting of energy and other
resources in which this method is used and possibly we should abandon
the sliding rates. Cal Water does not use the sliding rate method
and applies a fixed rate.
Mr. Lee stated that right now it really wouldn't make a significant
difference to use a fixed rate because Livermore does not have much
industry that would take advantage of the lower rates for higher
consumption. Intel probably is the greatest consumer on the City's
system. It is not likely that we will have high water consumers
on the City's system because of the sanitary sewer situation and
the cost for sewage service.
Cm Tirsell stated that in principle she would agree with what Cm
Miller has said about getting charged higher rates when consuming
less, such as was the case thermostats in homes were turned down
to 68 degrees and everyone ended up paying higher rates; however
in this case if all residences pay the same rate she has no objection.
Cm Miller agreed that argument is justified and there probably is
some merit in allowing the sliding rate to help attract industry.
C~1 TURNER MOVED TO ADOPT THE RESOLUTION APPROVING THE RATE INCREASE
FOR CITY WATER, SECONDED BY CM TIRSELL WHICH PASSED UNANIMOUSLY.
RESOLUTION NO. 2l-75
A RESOLUTION ADJUSTING WATER RATES - 1975
REPORT RE AIRPORT
T-HANGAR CONSTRUCTION
The City Manager reported that there are 28 applicants awaiting
T-hangar space and it is recommended that the Council adopt a
resolution authorizing application to the state for a $50,000
loan and to authorize the staff to solicit proposals from
local lending institutions for an interest rate for the balance
over a lO year term. The matter will be referred back to the
Council when results have been obtained, for formal consideration.
C~ FUTCH MOVED THAT THE COUNCIL ADOPT A RESOLUTION AUTHORIZING
APPLICATION FOR STATE FUNDS AND THAT THE STAFF BE AUTHORIZED
TO SOLICIT BIDS ON A LOAN FOR THE BALANCE, SECONDED BY CH TURNER,
WHICH PASSED BY UNANumuS VOTE.
RESOLUTION NO. 22-75
A RESOLUTION AUTHORIZING REQUEST FOR FUNDS
FROM THE CALIFORNIA AIRPORT LOAN PROGRAM.
CH-29-2l8
January 27, 1975
REPORT RE LEASE DEFAULT -
COURTESY AVIATION
~..
The City Manager reported that the lessee at the airport site is
in arrears in the lease rent (Courtesy Aviation) estimated at
$1,400 to $1,800 depending upon the certification of gross
receipts. Half of this amount was due October 31, 1974 and
the balance is due January 3l, 1975. Unless full payment is
received or satisfactory installments are approved in addition
to certified accounting records submitted within five days, it
is recommended that the Council instruct the staff to proceed
with lease default action.
~..
Mr. Parness stated that just today the lessee brought the rent
up to-date and he has requested that the matter of the certifica-
tion of gross receipts be delayed for about two weeks so that he
can discuss the matter with the staff and the Airport Advisory
Committee because the certification would be a very large expense
to both the lessee and the sub-tenant. Mr. Parness indicated
that he is concerned about the certification of the accounting
statements but feels there should be allowance of a postponement
of action on this item for two or three weeks so that the staff
may have the opportunity to discuss this item with the lessee and
the Airport Advisory Committee.
CM TURNER MOVED TO ALLOW THE THREE WEEK DELAY, AS REQUESTED,
SECONDED BY CM TIRSELL.
Cm Turner mentioned that certification is very expensive and
would be something in the area of $l,SOO-$2,000 and Cm Miller
stated that this is the only way the City can be assured that
it is receiving its fair share of money.
Both Lowell Dye and Olaf Landek, sub-tenants commented about
the requirement for the certification and the Council explained
that the City's contract is with Mr. Madis, the lessee, and that
it is Mr. Madis who is responsible for the certification or the
costs involved.
CM TURNER MOVED THE QUESTION AND THE MOTION PASSED UNANIMOUSLY.
POLICY DRAFTS
Draft statements with respect to Council policy were prepared and
submitted to the Council, as per Council instructions on the follow-
ing items:
l) building permits for site grading and construction;
2) use of eminent domain authority for private property development;
3) benefit districts
ON HOTION OF CM TURNER, SECONDED BY CM TIRSELL and by unanimous VOTE
THIS ITEM WAS CONTINUED TO FEBRUARY 18th AT 7:00 P.M.
REPORT RE DISPOSABLE
CONTAINER LEGISLATION
~
A report regarding disposable container legislation was submitted
to the Council per their instructions including responses from
the State of Oregon and the League of California Cities.
Dale Hhite of Owens-Illinois Glass Company stated that his company
would like to offer assistance to the City Council in obtaining
the summation of the Oregon Bottle Bill study and/or the complete
study.
C~l- 2 9 - 21 9
January 27, 1975
(Report re Disposable
container Legislation)
Cm Tirsell stated that recovery of resources is best accomplished
when people cooperate to do it rather than having something imposed
and would hope there could be some type of information available
as to what other cities are doing.
Lois Hill from the Recycling Center spoke briefly about the Oregon
Plan and from contacting someone from the Senate-Congress Committee
in Washington D.C., she has been told that the plan is working as
litter has been reduced dramatically, consumers are saving money
and the people from Oregon are pleased and proud of the results.
She then reported on various articles and information she has
obtained with respect to banning disposable containers.
ON MOTION OF CM MILLER, SECONDED BY CM FUTCH AND BY UNANIMOUS VOTE
THE MATTER WAS CONTINUED FOR ONE MONTH TO ALLOW RESPONSES FROM
VERMONT, DAVIS, SO. SAN FRANCISCO AND BOWIE.
TRAFFIC SIGNAL AT HOLMES
ST. & CONCANNON BLVD.
The Public Works Director submitted a report concerning the traffic
signal at Holmes Street and Concannon Boulevard and recommended
that the Council adopt a resolution authorizing City payment of
the non-state share ($65,800).
The City Attorney commented that he has not had the opportunity
to review this matter and there is no resolution in the file at
this time and would ask that the matter be continued for a one
week period.
Cm Turner stated that he is disappointed that Sunset Development
Company is not going to follow through with their agreement be-
cause they did not obtain the zoning they requested and would
suggest the City undertake legal proceedings against them.
em Miller stated that he is surprised to hear that Mr. Mehran is
"welching" on a traffic signal after City Councils for 20 years
have hailed his words.
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE THE MATTER WAS CONTINUED FOR ONE WEEK.
REPORT RE HOME OCCUPA-
TIONS RE FIREARMS
A report from the Planning Director was submitted with respect
to mailing of firearms as a home occupation and there was dis-
cussion as to whether or not this should be allowed.
CM TURNER MOVED TO DIRECT THE PLANNING CO~~ISSION TO STRIKE THE
WORDS HOME OCCUPATION FROM PER~ITS FOR SELLING FIREARMS, SECONDED
BY CH TIRSELL.
Cm Miller stated that he cannot see the distinction between a
mail order sale of firearms from a home or from a store. They
have to follow the same rules and be licensed the same as well
as keeping records and there is no effect on the neighborhood.
Cm Turner stated he was not opposed to the sale of guns, but did
not feel it is proper as a home occupation but should be conduct-
ed from a commercial building, in the downtown area.
CM-29-220
January 27, 1975
(Report re Home Occupation
re Firearms)
~r. Tull commented that the federal firearms regulations state
they cannot mail order guns except to dealers if they have to
cross a state line.
//r--'"
A VOTE WAS TAKEN ON THE MOTION AT THIS TIME AND PASSED 3-2 WITH
CH HILLER AND MAYOR PRITCHARD DISSENTING.
PLANNING UNIT NO. 12
A report was received from the Planning Commission regarding the
possible revision of Planning Unit No. l2 with regard to the Spe-
cific Plan. The Planning Commission reports it is intended that
the Specific Plan will be adopted at their February 25th meeting.
WATER PRESSURE ON
WP1BLEDON LANE
The Public tvorks Director reports that an investigation has been
made into the actual water pressure on Wimbledon Lane in the area
of its highest point and charts submitted indicates that the
pressure was a constant 3l psi.
~.va,Jr .
'fJI"-""-
Cm Miller questioned what the pressure was at his house~
a0]~e.d. -tll.:J.t. tlH~ .f:?JLUL.:tJbl.LU 1ru laJ_uJJ. .l lllal A.. < ilr~..
HOUSING AND COt~1UNITY
DEVELOPMENT ACT GRANT
A resolution is required which formally authorizes the assumption
of reasonable expenses for the preparation of the grant applica-
tion in the event that HUD rejects our plan and reimbursement for
its preparation.
CH MILLER HOVED TO ADOPT THE FOLLOWING RESOLUTION, SECONDED BY
CM TURNER WHICH WAS APPROVED UNANIMOUSLY.
RESOLUTION NO. 23-75
A RESOLUTION AUTHORIZING EXPENSES FOR PREPARATION
OF APPLICATION FOR FEDERAL GRANT PURSUANT TO THE
HOUSING AND CO!~1UNITY DEVELOPMENT ACT OF 1974.
RAILROAD CONSTRUCTION
PROJECT PROGRESS PAYMENTS
Mayor Pritchard questioned whether the Council should take action
regarding the payment to Hensel Phelps for materials that are on
hand in the state but not yet delivered to the job site.
CM FUTCH MOVED TO APPROVE THE PAYMENT TO HENSEL PHELPS FOR MATERIALS
THAT ARE ON HAND WITHIN THE STATE OF CALIFORNIA, SECONDED BY
CM TIRSELL.
/-
Cm Turner suggested that the City Manager have the authority to
disperse funds without concurrence of the Council according to the
terms of the contract. He could advise the Council in his weekly
report how much money had been paid.
Cm Futch stated that was the intent of his motion.
Mr. Logan explained that there are two things involved if they
take Cm Turner's suggestion: l) You have to deal with the agreement
and the section regarding materials in the state of California as
CH-29-22l
January 27, 1975
(Railroad Construction
Project Progress payments)
there are limitations in the specifications which require that they
be subject to inspection and under control of the Public Works Dept.
The question is whether the Council should accept the policy to
pay for materials that fall within those requirements that are
within the State. 2) Instead of coming to the Council with everything
that involves this contract, that the City Manager be allowed
to administer the agreement in accordance with the terms. There
are actually two suggestions involved. Mr. Logan suggested that
the motion for payment be subject to the approval of the City
~1anager .
CM FUTCH AGREED THAT HIS MOTION CONTAIN THE ADDITION SUGGESTED BY
THE CITY ATTORNEY. He wondered if the material should be inspected,
and Mr. Logan stated that was included in the agreement, and you
can require a lot of protections, but some of those protections are
rather meaningless.
A VOTE WAS TAKEN ON THE MOTION AND PASSED 4-1 WITH CM MILLER DISSENT-
ING.
CM TURNER MOVED THAT THE CITY ~fANAGER BE ALLOWED TO ADMINISTER THE
AGREEMENT AND MAKE PAY~1ENTS AND REPORT TO THE COUNCIL ON A WEEKLY
BASIS, SECONDED BY CM TIRSELL. MOTION PASSED UNANIMOUSLY.
ADJOURNMENT
ADJOURNMENT
The meeting was adjourned at 12:30 a.m. to an executive session to
discuss two legal matters and one personnel matter, and then to
an adjourned regular meeting at 7:30 p.m., January 30, 1975 in the
Council Chambers.
ATTEST
APPROVE
CM-29-222
Regular Adjourned Meeting of January 30, 1975
An adjourned regular meeting of the City Council of the City of
Livermore was held on January 30, 1975, in the Municipal Court Chambers,
39 South Livermore Avenue. The meeting was called to order at 7:30
p.m. with Mayor Pritchard presiding.
ROLL CALL
PRESENT: Councilmembers Futch, Miller, Tirsell, Turner and
Mayor Pritchard
ABSENT: None
SPECIAL STUDY SESSION RE
HOUSING AND COMMUNITY
DEVELOPMENT ACT
Mayor Pritchard stated that the Council should keep in mind two
things: l) the overriding guiding criteria is that they must relate
to moderate and low income uses in our City; 2) in SUbscribing to
the guidelines in order to obtain this money, is the housing assis-
tance needs of lower income households. Basically what this means
is that the Council subscribes to the principle of aiding and helping
the development of lower income housing throughout the City. This
is a point he has personally favored for many years, that we would
be better off to intersperse the lower income families throughout
the City. The purpose of this meeting is to come to a decision
as to where the money is to be used that might be received from
the federal government. Mayor Pritchard opened the meeting for
discussion.
Mr. Parness explained that there are several parts to the application
that must be completed such as a housing assistance plan, community
development plan, community development program, EIR, budget, project
listing and several other related project listings. All of this
is to give the federal government an indication of where our problem
areas are and where the funds should be applied in comparison to
what the City might suggest. Mr. Parness stated that in Livermore
there is a relatively small number of houses in need of upgrading,
about l%, whereas there are cities with as much as 25%, and those
cities are devoting a great deal of these funds to rehabilitation
of those housing units. This has been looked at in the composition
of our housing element and it has been concluded that this is not
the place where the money would best be spent to service the City
of Livermore. Also, all of the oral and written input has been
considered, and there have been a great many very valuable suggestions
offered for the use of the funds, but there is only a limited amount
of money and the staff is suggesting how it should be applied to
benefit the greatest number of people. Mr. Parness referred to
the chart posted which listed the problem areas which it is felt
the money can best address. Also listed were all of the projects
suggested to which an approximate dollar value had been assigned.
In addition, there have been listed the projects which are felt
to be ineligible.
Chuck McKinley explained the proposals which had been suggested:
l. Construction of a multi-service center, which would probably
take all the funds, to house a variety of social service agencies
that do not now service this community unless people drive to
East Bay to get these services. This could also include child
care facilities, senior citizens center and possibly an emergency
shelter facility.
2. A senior citizens center which which would add to the present
services available.
3. Buenas Vidas Ranch repair which could be done for approximately
$9,000 for one portion and $l5,000 for both.
CM-29-223
January 30, 1975
(Housing & Community Dev Act)
4. Informational/Advocate Unit - this was not discussed at a pub-
lic hearing, but was received in a written form. This is a
proposal to fund two or three staff members, one of whose duties
would be to be informed of all available governmental and other
programs which would be beneficial to the poor people of Liver-
more and to make those known to both the people and proper offi-
cials. The second employee would act as an advocate and aide
to poor persons in their dealings with the various welfare
agencies, and a part time secretarial position.
5. To fund a central business district plan as a means of insuring
that the area opened up by the track relocation would not be
adverse to the communities desires, and the cost of this would
be approximately $lO,OOO to pay a private consultant.
6. Emergency shelter facilities which would be basically a facil-
ity to house people on the street either through some disaster
or because they are newly arrived in the community and do not
have the funds to locate. The proposal suggested that it be
housed in the same building with supportive services probably
needed by people in this situation.
7. Child care center and the contribution mentioned is an indica-
tion from the Livermore Housing Authority that they would be
willing to contribute money to that end especially to help
families located in Leahy Square.
8. purchase of scattered site housing, which would be an attempt
to disperse low income people throughout the community especi-
ally in those tracts which now have a low percentage of low
income people, The whole sum of $622,000 would be used for
this project.
9. Rehabilitation fund which many cities are using their money
for in an attempt to upgrade the quality of the housing for
low income people.
Mr. McKinley pointed out that within the Community Development
legislation there is also authority through HUD to make loan guaran-
tees to local governments who wish to sell bonds in order to create re-
habilitation funds.
lO. Purchase of a site for seniors housing which is a proposal by
Interfaith Housing - that the City purchase either or both
parcels which are now adjacent to the present seniors housing
on Hillcrest.
ll. Neighborhood assistance officer which is a proposal to try to
foresee deterioration of the housing stock and make sure that
deterioration does not continue. This would be more of a vol-
unteer type approach rather than the use of code enforcement
to try to create community pride. The $20,000 figure represents
the possibility of hiring a personnel officer and a part time
secretary and other costs.
l2. To buy Tubbsville and relocate the citizens in comparable hous-
ing and this proposal was made by several people in the original
hearing and the $200,000 figure represents the present market
value and the cost of relocating present residents.
l3. Is to implement the park plans now existing, more specifically
the Sunken Gardens and Robertson Park and that could take the
full amount.
l4. Proposal by the Planning Department to purchase the park site
between "P" and "L" Streets north of Chestnut Street which would
CM-29-224
January 30, 1975
(Housing &Cornrnunity Dev.Act
involve buying land which now has houses and closing off the
street and the estimate for this is approximately $lOO,OOO.
l5. Community vegetable garden and the figure of $7,000 is the
minimal cost of site improvement of one of the proposed parcels,
and the $65,000 would be for converting both parcels.
l6. Study of a plan of a town in New York which is generally a plan
to guarantee dispersal of low income people and the estimated
cost for this would be $60,000.
l7. A proposal to remove any architectural barriers or other
types of barriers that prevent handicapped or elderly people
from being mobile and this could range from zero to the whole sum.
Mr. McKinley briefly explained the ineligible proposals or those
that were conditionally ineligible. One of the proposals was the
restoration of the Carnegie Building, Buckley Estate, May School
and Ravenswood and HUD explained that historic buildings must have
gone through the process of being a National Register nominee in order
to be eligible. Transportation was not eligible except for a mini
bus service in conjunction with the senior citizen center, or for
the multi-service center for seniors and handicapped people. Health
care is another one that is excluded, but HUD has indicated it is
allowed as a part of the senior citizen or neighborhood community
center. Bike trails may be permissible but it would be hard to
justify, and the same for sludge for fertilizer. One proposal which
is not listed but is eligible is the Emergency Fund Center - housing
for this, which could come into the community service center.
Mr. Parness pointed out that the listing posted was in no way a
priority listing but simply an aggregation of the projects sub-
mitted, and the ones carefully appraised by the staff in trying to
come up with something that may be considered. He stated that the
project the staff thinks deserves consideration is the multi-service
center, which would be lO,OOO to l2,000 sq. ft. building that would
be located at the community park-civic center site and would house,
among other things, a senior citizens facility, child care area,
quarters for emergency housing to include emergency fund programs
and office facilities for such necessary welfare contacts as legal
aid, probation officer, county health, food stamp programs, etc.
This would be only nominally outfitted and they would expect the
services to be housed there to assist in that regard. He stated
that they are using $50/ft. for the estimated amount on construc-
tion from the advice of the architectural consultants who feel
this is a reasonable figure and does include some basic essentials.
Secondly, the Council might be interested in the acquisition of land
and the provision of public works installations for low cost housing
and he added that he is sure this would receive a positive reception
from HUD. We have not had this as an oral input from anybody and
there is no low cost housing faction in this City though there are
many people who would like to live here or already do live here that
just cannot afford housing. This type of program would suggest that
the City purchase property in various sizes and in different areas
and see that public works improvements are afforded and then try
to entice building interests that would put up housing that would
be in the market level of perhaps $20,000 for a single family resi-
dential structure. Next is open space, parks and beautification,
and there is an unlimited need in this area. There is also a need
CM-29-225
January 30, 1975
(Housing & Community Development Act)
for long range planning for the economic heart of our community in
providing for its rejuvenation and some of the principal improvements
that go along with it. Any amount the Council may wish to spend
could be applied starting with the plan on up to the cost of pub-
lic works improvements to be installed in it. He stated that he
has mentioned four programs extracted from the list submitted to
the Council by the community and the ones the Council should dir-
ect its attention to and the programs felt to be of the most benefit
to our City.
Mayor Pritchard asked if there had been any consideration to the
architectural design that would permit an actual physical separa-
tion of some sort between the senior citizens and other needs for
the multi-service center and Mr. Parness noted that this is a very
good point and this was discussed just the other day and it is felt
that this would be a demand and it is felt that this can be done if
the building is large enough.
Cm Miller stated that he has heard of places where the interaction
between senior citizens and youth is encouraged and is very success-
ful. In his opinion there is too much isolation between the ages
these days compared to 50 years ago when the family was much more
compact and where babies and grandparents were in the same household.
There are a lot of advantages to interaction between older people and
young people.
Mayor Pritchard stated that the senior citizens are presently shar-
ing the same building with the youth center people and this has
created a lot of problems and would tend to feel that they should
have separate areas and still be able to mix as much as they wish.
Mayor Pritchard then asked the estimated cost of moving the ball
field and bleachers away from the Recreation Center to Robertson
Park and there was a comment that the estimate was in the area of
$lOO,OOO, and a lot of this cost is getting water to the Robertson
Park site and for fences and lights. The Mayor then asked if there
has been consideration for abandoning the ball park located at 8th
& "H" Streets and Mr. McCracken stated that there is a shortage of
ball fields in Livermore and they really can't just abandon it with-
out providing for another one and they would like to see the senior
citizens occupy the entire area at 8th & "Hit Streets because this
is a centralized location and there are many senior citizens in the
locality. There has also been consideration of providing for a
senior center at the Civic Center site but they would recommend
that the location for the senior citizens remain at 8th Street.
Cm Futch mentioned that there really isn't another park area close
to the 8th Street site and this would mean that if more buildings
were built on the site it would eliminate the green playing area
for that neighborhood. He then stated that there should be con-
sideration as to whether one or two projects should be funded or
whether the money should go to many groups for many projects. If
one or two projects are to be funded there is no reason to discuss
a dozen small projects.
i_
Mayor Pritchard commented there is an excellent multi-purpose room
at the Recreation Center now that is large and lends itself to
meeting rooms for various groups and agencies and would hate to
lose the advantage of existing facilities and improvements by
moving from there but would like to know how much green space
would be left if a lO,OOO sq. ft. building was added at the 8th
Street site, which was illustrated by Mr. McCracken.
The Council concluded that it would be best to determine which
projects would be funded as mentioned by Cm Futch.
CM-29-226
January 30, 1975
(Housing & Comm. Dev. Act)
Cm Turner stated that he has received many telephone calls from
people interested in various projects and that many of our citizens
who are really involved in community services have had very good
ideas such as the vegetable garden suggestion by Lois Hill and the
restoration of the sanitarium buildings by Sally Bystroff for Buenas
Vidas Ranch and Gloria Taylor had a very good idea concerning the
central business district. However, he would like to endorse the
idea of pouring all the money into one multi-service center which
could be the beginning of a long range plan for a complete community
center. He would like to see the City accomplish one major project
that the entire City would benefit from with visual results of what
the City did with the funds rather than to divide the money between
numerous interests with each group receiving a small amount.
Cm Miller stated that the intent of the Act is to help low income
and moderate income people, primarily with respect to housing, and
consequently his first choice would be for one project and that
would be to purchase housing throughout the community to be rented
to people on a sliding scale, depending upon the incomes of the people.
A portion of the rent could be used for upkeep and the remainder would
be used to continue to purchase more housing until the City could
provide the need for low income people. There are 250-300 families on
a waiting list for Leahy Square housing at present and it would seem
that this is the closest project which would follow the intent of the
Act. His second choice would be to provide varying amounts to a large
number of locally sponsored and primarily volunteer organizations which
are doing things for this same group and is more interested in having
thigs grow from this "seed" money than in having something to show for
the money. He would like to see money go towards repair of the build-
ings at the sanitarium for Buenas Vidas, the emergency shelter facility,
which could be combined with the Emergency Fund Center; a child care
center for which the Housing Authority is willing to provide some
cooperation; purchase of housing site for the Interfaith people;
neighborhood assistance; and the community vegetable garden. He stated
that the small groups would take approximately $280,000 worth of money
and the remainder could be used to purchase about lO houses in various
areas in the community or alternatively to contribute $300,000 towards
the Senior Citizens Center in hopes that matching funds would come from
LARPD or the Housing Authority or other organizations. He stated that
this money should hit at the needs of low income families more than
to provide a multi-service center and that the programs he has sug-
gested would do this. He added that the small amounts of
money for a wide variety of groups would be the "seed" money
which would permit them to go on with their program and in another
five years there will be more than what would be provided with the
$620,000 expenditure for one project.
Cm Futch stated that he would agree with a lot of what Cm Miller has
said; however, SACEOA tried the philosophy of spreading the money
around in hopes that many people would be helped and that the results
would grow and in the analysis it was very difficult to see that the
"seed" money multiplied as it was supposed to have done. He stated
that his first choice would be a multi-service center in which various
organizations could be located and could assist the low income family.
Cm Tirsell stated that she is on the ACAP Board and some of the philos-
ophy is changing and some of the evaluations of "seed" money are bad
because in our case we have to create all of our own institutions and
do not have lOO-200 years of cultural, ethnic, and social institutions
behind us. She has had the opportunity of interviewing people for a
Director of ACAP and in this process spoke with people involved in
social work the old SACEOA and OEO for many years. She asked everyone
what was wrong with OEO and SACEOA and the most eloquent and best
answer came from a well versed person who had been in the sit-ins
in Georgia and had been a personal friend of Martin Luther King and
he answered that it is because no institutions have changed. The
low income people cannot say my life or lot is better because of
some program and the ethnic groups cannot say that they are better off
because programs do not affect institutional change. This thought
CM-29-227
January 30, 1975
(Housing & Community Dev. Act)
has remained with her while evaluating the requests concerning com-
patible uses and began to think of some type of multi-use. She
felt the project that would serve the most people with things that
now exist and ongoing programs would be to put the funds into a
multi-service center. She stated that she does have some questions
concerning specifics for the multi-service center, such as the child
care center and also senior citizen services which she would not want
to see a duplication of in that LARPD already has a senior citizen
program. She stated that she is tremendously committed to two other
projects and those are the CBD plan and the community vegetable gar-
den. She added that these two projects are small $10,000 projects
and possibly they could be absorbed in the budget.
Cm Turner stated that he would like to say that the county has been
very non-comrnital where the sanitarium buildings are concerned for
the Buenas Vidas project and because of the county's attitude he
is somewhat hesitant about funds for this project.
Mayor Pritchard stated that he would have to agree with some of the
things mentioned by all the other Councilmembers but would lean
towdrus provision of a multi-service center for various reasons.
He stated that he has had many people stop by his office to find
out where they should go for various services, how to fill out
forms and how to untangle red tape with respect to City, county
and federal agencies. The senior citizens could have a place
for their activities and there could also be offices for giving
information to these people and would require very little floor
space, and he listed numerous groups that would be very helpful
and would require a small amount of floor space. He stated that
his first choice would be a multi-service center because he feels
this is where the most good could be done but secondly if the Coun-
cil is setting priorities would be in favor of a Senior Citizens
Center, alone, and the third would be the scattered funding to
various groups with Buenas Vidas at the top of that list. He
would like to see funds go to house the emergency shelter facility,
the Emergency Fund Center, a child care center and purchasing hous-
ing site for senior housing. He added that he does not want to
disparage what Cm Miller has said but SACEOA was such a dismal
failure when it came to handing out seed money and having done
good with the exception of the CAPE Headstart Program and a few
others.
Mayor Pritchard asked if the Council must decide at this time
which site a multi-service might be located on and Mr. Parness
stated that this doesn't have to be decided now. Mr. Parness
stated that he would like to say that the Council does not need
to put a limit as to what is going to happen because this program
will probably continue with federal monies or the City's for
expansion.
Cm Turner stated that he would agree that the priority mentioned
by Cm Miller has merit but it is his understanding that the City
already has a program that would provide for scattered housing
for low income people. Also, the vegetable garden as suggested
by Lois Hill could possibly be done at very little cost which he
feels is a wonderful idea.
Mr. McKinley stated that he would like to make the Council aware
of the fact that as part of this legislation there are new monies
and new programs for low income housing with primary emphasis on
rent supplements and in talking with people from the county they
have indicated that there will probably be a substantial increase
in funding which, over a three year period, may amount to 205 units
for Livermore with subsidized rent at a greatly increased rate and
will meet some of the needs that Cm Miller is concerned about. He
noted that this is only a lease program and would not involve mort-
gages and Cm Miller stated that he was interested in the City pur-
chasing homes and using the rent money to buy more homes; however,
CM-29-228
January 30, 1975
(Housing & Comm. Dev. Act)
the need is for the City to provide housing and whether it comes
from rent subsidized through a federal program or from City owned
property really doesn't make any difference - the object is to provide
the housing assistance but there really is merit in acquiring houses
in various areas in the City for the Housing Authority to administer.
Cm Futch stated that he really was impressed with the information
as to what this City has done in terms of providing low income housing
and housing for senior citizens and we really have more than what
any other city in Alameda County has, clo~e to our population. J
~~i~--r~-<9i(M,~~
Cm Miller stated that he is glad Cm Futch spel~ed out the fact~t I
we have provided quite a bit of housing for low income families
but the reason he expressed concern is because there is a waiting
list for this type of housing. He commented that what he called
"seed" money has been transformed to be programs a la SACEOA and
he apparently chose a loaded word without realizing it. What he
had in mind was the support of existing institutions that will stay
here to assist, such as the Emergency Fund Center, Good Samaritan,
Buenas Vidas, and other organizations that are not beginning with
seed money in the hopes that they will make it. There are existing
organizations that need some cash to continue to go further with
their programs. The argument that East Bay agencies are going to
come to a multi-service center does not seem to be reasonable because
if they are going to go anywhere it will be the county center when
it is ultimately built. He stated that in his opinion it is not
necessary to build a $620,000 edifice so that people can receive
information and that the previous suggestions to have someone located
in City Hall for this purpose is a very good idea. He stated that
he is not impressed with a building, as such, but what is important
is what goes on inside and would like to provide for the people
who would use it. The multi-service center would not solve the
problems for the senior citizens because they have a need for lO,OOO
sq. ft. and the entire service center is supposed to be used for
a series of uses and would consist of only lO,OOO sq. ft. He stated
that he is really happy about the information Mr. McKinley has just
given about housing being possible through other means because this
is one major concern he has at this point and what he feels to be
a major priority.
CM FUTCH MOVED TO ADOPT THE MULTI-SERVICE CENTER AS THE FIRST PRIORITY
FOR THE FEDERAL GRANT FUNDS, SECONDED BY CM TIRSELL AND WHICH PASSED
3-2 (Cm Miller and Turner dissenting).
Cm Turner explained that his dissenting vote was because he prefers
to see the start of something and his preference would be for the
senior citizens center.
CM MILLER MOVED THAT THE SECOND PRIORITY BE FOR SUPPORT OF THE
FOLLOWING PROJECTS, WITH SOME VARIATIONS TO BE DISCUSSED:
a) Buenas Vidas, b) Emergency Fund Housing, c) Child Care Center,
d) CBD Plan, e) North Park Site, f) Vegetable Garden, g) Neighbor-
hood Rehabilitation, and h) Interfaith Housing, SECONDED BY CM
TIRSELL WHICH PASSED 3-2 (Cm Turner and Futch dissenting).
CM TURNER MOVED THAT THE THIRD PRIORITY GO TOWARDS A SENIOR CITIZENS
CENTER AND FOR LOW COST HOUSING IN VARIOUS AREAS OF THE CITY, SECONDED
BY CM MILLER AND PASSED BY UNANIMOUS VOTE.
It was noted that there is a possibility something can be worked
out for providing for the community vegetable garden through the
cooperation of the Recreation Department without using these funds
to accomplish it.
RECESS
MAYOR PRITCHARD CALLED FOR A 5 MINUTE RECESS AT WHICH TIME EACH
COUNCILMEMBER WAS ASKED TO LIST PRIORITIES FOR THE VARIOUS PROJECTS
TO RECEIVE FUNDS AS IN THE MOTION MADE BY CM MILLER.
CM-29-229
January 30, 1975
(Housing & Community Dev. Act)
AFTER THE RECESS THE COUNCIL MEETING RESUMED WITH ALL MEMBERS OF
THE COUNCIL PRESENT.
Mayor Pritchard stated that the Council has agreed to the following
priority list for programs receiving funds:
l. Buenas Vidas
2. Emergency Fund Shelter & Housing
3. Child Care Center
4. Interfaith Housing
5. Senior Citizens Center Contribution
ON MOTION OF CM TURNER, SECONDED BY CM FUTCH AND BY UNANIMOUS
VOTE THE RESOLUTION AUTHORIZING APPLICATION FOR THE FEDERAL
GRANT WAS ADOPTED.
RESOLUTION NO. 24-75
A RESOLUTION AUTHORIZING APPLICATION FOR
FEDERAL GRANT PURSUANT TO THE HOUSING AND
COMMUNITY DEVELOPMENT ACT OF 1974.
ADJOURNMENT
Mayor Pritchard adjourned the meeting at 9:30 p.m. to a study session
to discusss agenda policy to be held Monday, February 3, 1975, in
the Court Chambers, at 7:00 p.m. and adjourned to an immediate exe-
cutive session tO~iSCU a legal mat~h ;1he ~ty Attorney.
APPROVE ____________--~ ~
Mayor
ATTEST ~fornia
Regular Meeting of February 3, 1975
A regular meeting of the City Council of the City of Livermore was
held on February 3, 1975, in the Municipal Court Chambers, 39 South
Livermore Avenue. The meeting was called to order at 8:l0 p.m. with
Mayor Pritchard presiding.
ROLL CALL
Present: Cm Turner, Miller, Futch, Tirsell and Mayor Pritchard
Absent: None
PLEDGE OF ALLEGIANCE
Mayor Pritchard led the Councilmernbers as well as those present in
the audience, in the Pledge of Allegiance.
CM-29-230
February 3, 1975
PROCLAMATIONS
Mayor Pritchard stated that this evening he has signed the following
proclamations:
-----
Declaring Feb. 9-l5th Beta Sigma Phi Week
Declaring the Week of March 8th as March of Dimes Walkathon Week
and March 8th March of Dimes Walkathon Day and noted that Mayor
pro tempore Futch will participate in the walkathon.
Declaring the month of March, Youth Art Month
MINUTES - JAN. 20, 1975
P. 19l, under Federal Funds for Housing---it was noted that the
figure of $lOO,OOO of taxpayers money should be corrected to
read $800,000.
ON MOTION OF CM TIRSELL, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE (CM TURNER ABSTAINING) THE MINUTES FOR THE MEETING OF JAN. 20th
WERE APPROVED, AS CORRECTED.
OPEN FORUM
(Complaint re Police
Harrassment)
Steven Santos, 309 North Livermore Avenue, stated that he had been
arrested by a pOlice officer, had to spend the night in jail and
was told the next day that the charges were dropped and complained
about the procedure used in arresting him and that the police officer
would not give him his correct badge number and would not read the
list of personal belongings when he was booked.
The Council thanked him for reporting to them and stated that they
would like a report on this incident from the staff.
(Holmes Street)
Ray Faltings, lOl8 Via Granada, stated that Holmes Street has been
re-lined between Concannon Boulevard and Alden Lane. He stated
that the new lines have created a problem in the area where one
can turn left onto Hampton, drive towards San Jose, or turn right
onto Alden Lane and would suggest that the City observe this area
and endeavor to correct the big hump of a white line that progresses
into the middle of the street.
Cm Futch agreed that if someone follows the white line and then
triesto turn right onto Alden Lane there is the possibility of
running into someone that thinks you may be going on towards
San Jose.
Mr. Parness indicated that the matter will be investigated and
the state will be contacted.
(Intersection of
Second and "L" St.)
Dr. Martin Plone, 2127 First Street, commented that he would like to
suggest that a study be done for the intersection of Second Street
and "L" Street because it is very difficult to cross "L" Street when
traveling east or west on Second Street because there are stop signs
for the people on Second Street but none for the "L" Street traffic.
Possibly a 4-way stop could be implemented at this intersection.
CM-29-23l
February 3, 1975
(Intersection of
Second and L Streets)
Mr. Parness commented that this particular intersection is one
of the priority intersections for automatic signalization. It
would be rather difficult to stop traffic on "L" Street unless
there is a compelling reason. An automatic signal would stop
the flow to some extent but not like a 4-way stop which can
create a great deal of congestion.
(re Petition)
Paul Tull, 2243 Linden Street, stated that on December l7, 1974
and January l7, 1975, City Attorney, Robert Logan, did incorrectly
identify the petition against unfair taxation, causing Dorothy
Hock, the clerk, to return the petition against unfair taxation
to Mr. Tull and again on January 25, the City Attorney did again
incorrectly identify the same petition but did correctly say that
no regulations have been written concerning such a petition. He
stated that in the name of 3,029 petitioners he again brings the
petition against unfair taxation before the City Council and the
City Clerk of the City of Livermore. He stated that the petition
cannot be denied on procedural grounds because no such procedure
has been established. (Mr. Tull had the petition with him, but
did not submit it to the City Clerk again, and retains it in his
possession.)
P.H. RE REZONING OF SITE
AT CORDOBA & CONCANNON BLVD.
Mayor Pritchard stated that a public hearing has been scheduled
to hear public testimony concerning the application of Sunset
Development Company for rezoning of a site located at the corner
of Cordoba Street and Concannon Boulevard from RL-6 to RS-5.
Mr. Musso explained that this property is left over from the
subdivision activity that occurred in that area, beginning about
1958 and it is zoned RL-6. It was so zoned in 1960 and there are
two streets that stub-end to the property and a portion of the
property is in use for the Cabanna Club. Adjacent properties
are basically single family residential with the exception of
the apartment house in that area which he pointed out on the
map. He then explained the application history which involved
the request for a CUP for building townhouses and the applicant
was advised that this type of development could not be developed
in the RL-6 zone. It was noted that development would have to
be in conformance with the General Plan and an EIR would have
to be furnished and the applicant, after discussing alternatives,
decided to withdraw the application but the Planning Commission
did not accept the withdrawal and sent a recommendation on to
the Council for the RS-4 zoning.
Letters have been received from the following people in the area
supporting the Planning Commission recommendation: Judith and
Charles Turner, Jr., 912 Via Del Paz; John Trecek, l745 Niagara Dr.
and Suzanne Bauer, 9ll Via del Paz.
Mr. Musso explained that the rezoning, as recommended by the
Planning Commission would not allow development of townhouses
and that to initiate this it would require a CUP and public hearings.
Mayor Pritchard opened the public hearing at this time.
~u JW,~
Walter :Q8ue~, 9ll Via del Paz, stated that he is one of the
people who wrote to the City in favor of the rezoning and
would like to point out that the rezoning would be consistent
in lot size with the residences of the immediate neighborhood
CM-29-232
February 3, 1975
(P.H. re Rezoning of Site
at Cordoba & Concannon)
and feels that this is an important consideration to go from
33 to 27 houses and is a step in the right direction.
Wayne Graham, 914 Desconsado, stated that the street he lives on
/~, dead-ends into the property being discussed and the reason they
are concerned as to what happens. They like their neighborhood and
would like the same type of zoning retained - single family resi-
dential. His family would very much support the RS-4 zoning proposal.
Mr. Mehran, President of Sunset Development Company and property
owner stated that the initiation of the rezoning by the Planning
Commission is an indication that the City Council can and does
initiate down zoning on various properties within the City. He
stated that the present RL-6 zoning is for single family development
and the RS-4 zoning proposed by the Planning Commission would allow
more varied development on the land than the present zoning. He
stated that the reason he requested rezoning and asked for a CUP
for development of townhouses was because this would offer the type
of housing not offered in Livermore at present. There have been
numerous requests from people who would like to purchase large
condominium units and do not want to be bothered with the normal
upkeep involved in owning a home. He stated that there is no advantage
to a developer to build condominiums. This type of use would be com-
patible to the area and it was his feeling that if the property were
developed to some nice residential units, it would increase the value
of the property owners on the periphery. He suggested that the
matter be set aside until a future time when they decide what the
best use would be for that land. Mr. Mehran stated his company cannot
develop the land without the Council's permission and at the time
they submit a proposal then the Council can reject it.
CM TIRSELL MOVED THAT THE PUBLIC HEARING BE CLOSED, SECONDED BY
CM FUTCH, AND THE MOTION PASSED UNANIMOUSLY.
Mayor Pritchard asked the Planning Director if there was a prOV1S1on
in the ordinance for holding the zoning, such as for open space,
and Mr. Musso replied that there are open space and agricultural zones
but there is a question if that would be a proper zoning. The Mayor
asked if the Planning Commission had ever discussed holding zones
in an urbanized area, and Mr. Musso stated they have and this is
called a study zone, which allows them two years to make a study.
Cm Tirsell questioned the Planning Director with regard to some of
the problem properties where density transfers had been considered
and Mr. Musso stated that letters had been sent to the owners of
problem properties suggesting that they contact the local developers
for the possibility of arranging for density transfers, but there was
no response. He had suggested to Sunset Development that they might
be interested in transferring some of the density in on some of their
properties, but he did not address a letter to Mr. Mehran discussing
density transfer.
Cm Turner stated that it is his understanding that in the RL-6 the
uses that can be developed are single family units, and in the RS-4,
single family residential, but also townhouses, cluster houses, etc.
and asked if this was correct and was advised that it was.
CM MILLER MOVED TO ADOPT THE RECOMMENDATION OF THE PLANNING COMMIS-
SION FOR REZONING OF THE PROPERTY TO RS-4, FOR THE REASONS PROPOSED
BY THE PLANNING COMMISSION. He stated he was particularly interested
in consistency with rezonings that should have taken place on all
the parcels in the City when RL was rezoned to RS, and secondly, to
obtain consistency with the General Plan density. MOTION WAS SECONDED
BY CM TIRSELL.
Cm Turner stated he had read the petition and talked to several
people concerning the rezoning, and in reading the Planning Commission
CM-29-233
~'-~-"'""-"~.~"_."""'''.'''~''''''-' ~ .,.....,-,._".,--,._.__.__.~..__.'_..._..__....._-_._-+-..,~_.~,._.. -
February 3, 1975
(P.H. re Rezoning of Site
at Cordoba & Concannon Blvd.)
minutes, the first thing he noted was that Mr. Mehran wanted to
withdraw the application and he felt he should have been allowed to
do so. He also noted that to ensure single family residential in
that area, the RL6 zoning would be best for them as RS-4 would
also include town houses, cluster homes, etc. which would not be
in keeping with the type of homes now located in that area. The
Cabana Club generates noise and development there could cause conflict.
He would vote against the motion as he felt Mr. Mehran should be
allowed to withdraw his application and second the residents in
the area would have a better guarantee of conformity in the area
with the RL6.
Cm Miller commented that the RS standards are far better than the
RL as far as setback and yards. As far as town houses are con-
cerned, that is up to the Council to decide, and he personally
feels there should not be. Any decision would be that of the
majority of the Council.
Cm Futch remarked if he lived in that area, he would not be opposed
to townhouses or even the RS-5, but since the General Plan speci-
fies 4 du/acre, they should be consistent.
Cm Tirsell stated that in her neighborhood there is no place for
pre-school children to play. As far as the Cabana Club, the people
who purchased homes there did so with the knowledge that the club
was there. She mentioned that there are three ancestral trees on
the parcel which could not be saved with RL Zoning. Four years ago
a petition containing 200 signatures asked that the land be dedi-
cated for a park, but there were no discussions on it. Anything
that can be done to lower the density and so the trees can be pre-
served and some of the open space be preserved would lead her to
think favorably of it. She also felt very strongly about the par-
cel conforming to the General Plan.
A VOTE WAS TAKEN ON THE MOTION AND PASSED 4-l WITH CM TURNER DIS-
SENTING.
MAYOR PRITCHARD STATED THAT THE MOTION WOULD ALSO BE TO DIRECT
PREPARATION OF AN ORDINANCE.
PUBLIC HEARING RE REZONING PROPERTY
SO. OF I-580, EAST & WEST OF VASCO RD
AND PROPERTY ALONG RESEARCH DR AND NW
CORNER EAST AVENUE AND VASCO ROAD
Mayor Pritchard stated that the public hearing was regarding possi-
ble rezoning from ID and IM Districts to I-l, I-2, or I-3 Districts
property generally south of I-580, east and west of Vasco Road to
the Western Pacific Railroad tracks, and the property along Research
Drive and the northwest corner of East Avenue and Vasco Road.
The Planning Director explained that the intent of the rezoning
action by the Planning Commission was to bring the present zoning
into conformance with the General Plan and to the new I-l to I-3
standards. It was agreed that the basic industrial zone would be
the I-3 which has 70% coverage. In preparing the plan they started
out with the I-3 zoning and then indicated more restrictive zones
to be established which he pointed out on the map. The I-l is pro-
posed because of the proximity to residential areas; the other two
departures from the I-3 are for properties having frontages on
South front Road which the staff and commission felt that the prox-
imity to the highway and visual impact it should have lesser density.
In the Research Drive area it was felt that I-2 could be allowed
because it was not adjacent to residential, but yet it is not a
heavy industrial area.
CM-29-234
February 3, 1975
(P.H. re Rezoning Proper-
ty So. of I-580, East &
West Vasco Rd, etc.)
Cm Futch stated he had heard that the smaller businesses have less
capital to start with and desire something like I-3 coverage, and
Mr. Musso explained that if any lands in the I-3 zone were subdivid-
ed the same argument could be advanced; they are small parcels and
available for small businesses which need greater coverage, econom-
ically.
Mr. Musso stated they were only looking at one criteria, i.e. how
it relates to adjacent property.
Cm Futch asked what the use was adjacent to the other parcel
which is recommended for I-2, and Mr. Musso explained it was agricul-
tural to the south, and future industrial across the street and this
was the reason I-2 was recommended.
Mayor Pritchard declared the public hearing open at this time, and
announced that a letter had been received from Associated Professions
regarding to the industrial subdivision of Roger Shaheen's property,
requesting consideration of I-3 zoning, and he asked Mr. Musso to
point out this property, which is south of the present end of
Research Drive.
Mr. Musso pointed out the property and indicated that there is a
tentative map before the Planning Commission presently for that pro-
perty. The Planning Commission has also discussed properties owned
by Southern Pacific, Western Pacific and Hexcel.
Warren Sands, representative of the Southern Pacific Development
Company, stated they are satisfied with the zoning because most of
their parks usually require only 60% coverage. He felt that Western
Pacific was also satisfied although they have no representative present
Ed Barnes, 322 Martin Avenue, representing the Livermore Chamber of
Commerce in Mr. Mason's absence, stated the recommendation they would
like considered is the area between the WP and SP tracks which is
shown as I-l. The railroads have indicated that this would never
be used more than 60% coverage, and he felt it should be shown as
I-2 instead of I-3. The portion between the two tracks by Hexcel's
property they recommend to be I-3.
Mayor Pritchard asked if I-2 uses would be permitted in I-3, and
Mr. Musso stated there was no difference in the uses, it would be
just a matter of preference.
,~Mr. Barnes stated there is a large area designated as I-3 that could
~be used as an offset against someone getting into an I-3 zone because
~it will never be used as an I-3 as the railroads do not layout their
~industrial tracts to be more than 60%.
~Cm Turner stated that Mr Barnes has a good point because if all the
~I-3 is located in the SP area, and they will not allow any I-3 zon-
~ ing, it doesn't make sense to have all the I-3 in an area where no
~ one can use it as I-3.
~
~This point was further discussed, and Cm Miller commented that he
'~lWould offer a response. Two major industrial land owners are talk~ b
' in I-2 when they are allowed I-3. He felt perhaps ~~are being ~
\, told how industrial parks should be developed and that I-3 is not a
reasonable zoning classification. Cm Miller went on to say that
originally they had light and heavy industrial, and the 50% coverage
was relaxed for heavy industrial type development. Now they are
talking about what should be light industrial with heavy industrial
coverage. If the parcels with rail access and heavy industrial pieces
should be I-3, and if the railroads decide some particular heavy
industry suitable for I-3, they have the option of using some of
the land for it in the right place.
CM-29-235
February 3, 1975
(P.H. re Rezoning Property So. of
I-580, East & West of Vasco Rd etc.)
Mr. Barnes stated they have had meetings with SP and WP at the
same time and they designated 60% was their requirement, and
their property can never be used as I-3.
Cm Futch asked Mr. Sands if they would have a preference, and Mr.
Sands stated either zone would be okay, but it would be very
unusual if they ever required I-3 and it would only give them
a little more flexibility.
Cm Miller stated he was under the impression that SP would consider
the sale of small parcels within their large development, and asked
Mr. Sands if that was the intent of their statement at a recent
meeting, and Mr. Sands stated they had considered some small parcels,
probably as small as 3 acres.
Mr. Barnes then went on to say they would also recommend that the
area south of East Avenue, the Research Drive area, be rezoned I-3
because of the size of the area available as it would be hard to
develop in that small an area. Also the area on the opposite side,
where it is designated I-l, that it be zoned I-2 for two reasons.
There are two main streets bordering that property, and the arroyo
in the back and with the setbacks required, it would limit that and
it would have to be 60% coverage on that small section.
THERE BEING NO FURTHER TESTIMONY, ON MOTION OF CM TURNER, SECONDED
BY CM FUTCH, AND BY UNANIMOUS APPROVAL, THE PUBLIC HEARING WAS
CLOSED.
CM FUTCH MOVED TO ADOPT THE PLANNING COMMISSION'S RECOMMENDATION,
MOTION WAS SECONDED BY CM. TIRSELL.
Cm Futch stated he felt the Planning Commission had considered this
at great length and they wanted to protect the residential area.
He felt that the parcel on the corner of East Avenue and Vasco Road
should remain residential, but if it is industrial, it should be a
zoning that would have protection for the residential adjacent to it.
Also the railroad companies were happy with either zoning.
Cm Turner asked about the testimony at the Planning Commission hear-
ing which Mr. Musso reported, and Cm Turner stated that he feels with
the new information about the development plans by the railroad,
the matter should go back to the Planning Commission.
ern Miller stated that he feels the area at the end of Research Drive
should be zoned I-l rather than the I-2 recommended by the Planning
Commission and if the Council would give any indication of support
for this suggestion he would be willing to amend the motion.
Cm Tirsell mentioned that the Planning Commission based its recom-
mendation on the following criteria: l) the proximity to the free-
way, and 2) the proximity to residential uses. If I-l is put on
the Research Drive piece, the piece below Colgate has railroad
access - it should have more coverage under that criteria but
because of the proximity to the residential was the reason for
the recommendation and she stated that she agrees with their cri-
teria and therefore agrees with the way the zoning was recommended.
Cm Miller stated that he also agrees with the criteria used by the
Planning Commission but would add one additional criteria that being
in the areas designated generally light industrial he would like to
see more suitable zoning.
Cm Turner emphasized that in his opinion it is a waste to put I-3
on property that will never be used by 1-3 uses and Cm Tirsell stated
that this would give SP and WP the flexibility that sometime in
the future~ because of their rail access, they may use I-3 zoning.
CM-29-236
February 3, 1975
(P.H. re Rezoning So. of
I-580, East and West of
Vasco Road, etc.)
MAYOR PRITCHARD CALLED FOR THE QUESTION AND THE MOTION PASSED 3-2
WITH CM TURNER AND THE CHAIR DISSENTING.
THE STAFF WILL PREPARE THE AMENDING ORDINANCE.
eONSENt.P CALElNDAR
RES. AUTH. EXPENDITURE
FOR TRAFFIC SIGNALS
The staff has recommended that the Council adopt a resolution auth-
orizing expenditure for the Holmes Street/Concannon Boulevard traffic
signals.
Ray Faltings, lOl8 Via Granada, stated that it would appear that
the City intends to ask the taxpayers to pay for the installation
of signals at Concannon and Holmes Street because the developer has
reneged on his promise to pay some $60,000 towards the installation
of the traffic signals in exchange for the rezoning of property at
Cancannon and Holmes Street, which he received in hopes that there
will someday be reimbursement.
Cm Futch commented that it has not been determined as to who will
have to pay for the installation of the signals because this is
a legal matter that will have to be discussed in an executive
session.
Mayor Pritchard explained that the resolution is one that would be
used regardless of where the money would come from and the City
Attorney commented that adoption of the resolution does obligate the
City's funds for the traffic signal; however, this does not foreclose
action the City might take subsequent to adoption of the resolution
if it is felt necessary in the interest of recompense to the City
for the expenditure.
Cm Miller stated that he would like to know if there is anything
in the form of the resolution that would preclude the Council from
recovering the $65,000, and the City Attorney replied, absolutely
not. Cm Miller then asked if the City had a check from Mr. Mehran,
would the City still have to adopt a resolution of this form and
the City Attorney commented that he is sure they would and the
method by which the City would work the matter out would be to put
the check in escrow for use by the City for the traffic light and
the Council would adopt a resolution doing that and a resolution
of this form would have to be used to authorize expenditure of the
money.
Mr. Faltings stated that he is still not really satisfied because
he feels the City is digging into his wallet for something that
was clearly understood would be taken care of by someone else.
Mayor Pritchard stated that the Council understands the point Mr.
Faltings is making and Mr. Faltings indicated that he is happy to
hear it because this is another example of where a promise has been
made to the taxpayer, not completely followed through, and because
of some error the problem is coming back to haunt us. Now and in
the future when arrangements are made and donations are offered
we must see that legally binding documents are used and that the
City follows through to see that we get these donations.
Cm Futch stated that he feels the City would like a traffic signal
at that intersection regardless of who pays for it because it is
a matter of safety for the citizens of Livermore and would hope
that Mr. Faltings would also realize this point.
Mr. Mehran stated that he does not deny he has accepted the condition
of payment for the traffic light as a part of the CO Zoning and that
his share was to be $40,000. What has happened is that he has been
CM-29-237
~~~-"~________'~'."_'.__H_"____________......____"..,..^'.~w. .. ___.__....._._,._.__~~__...___._...__.,_
February 3, 1975
(Resolution Authorizing Expenditure
for Traffic Signals)
advised that if he does not use the zoning he is not obligated to
meet the conditions in connection with such zoning. If it would be
the desire of the City Council to hold the CO zoning on that land
firm, as it now stands, he would be agreeable to meet the condi.-
tions connected with that zoning forthwith, and would like to set
the records clear. He stated that he asked for legal advice as
to whether or not he would have to pay for the traffic signal
even if he did not use the zoning on the land and the legal advice
was that he would not be obligated to pay. He feels that a bad
settlement is better than a law suit and does understand the
position of the City Council and its problems. He is not refus-
ing to pay but it should be said, for the records, that the type
of signal designed to be installed at that intersection is a far
cry from what was originally discussed. The design of the signal
has become one of the most exotic in California. He had instructed
his attorney to go ahead with the $40,000 payment regardless of his
legal rights and hopefully the Council would agree that he has done
a great deal of good for this City and he is proud of the work he
has done. He would agree with the Council when they say "don't tell
us what you have done yesterday, tell me what you will do for us
tomorrow". He stated that he is willing to say what he will do
for the City tomorrow and that is to cooperate and compromise with
the City on the acquisition of the fire station site and begin ne-
gotiating with Mr. Parness. If, at anytime, in the future, the
City down zones the l4 acres, which is now Co zone, would the City
be obligated to pay him back the monies the City now receives for
the traffic light, with reasonable interest?
Mayor Pritchard commented that his question should be discussed
with the City Attorney and that it would be improper, at this
time, to respond.
Mr. Mehran stated that he understands this point but wants to
make it clear that he is quite willing to pay, he has agreed to
pay and he wants to pay but just wants to know what the zoning
will be. Because of the recession and business conditions, par-
ticularly for small businessmen, he cannot use the CO zoning for
these businesses that would normally be potential tenants. His
company would hope that they could develop on this property in
two or three years.
Cm Turner asked what Mr. Mehran intends to pay and how much and
Mr. Mehran noted that the agreement is in writing and is open to
interpretation. Mr. Mehran added that he has never reneged on
an agreement and does not intend to at this point but would like
to know what his position is in that he wants to be assured there
will not be down zoning on his property as the Council has been
doing on other properties.
Mr. Faltings stated that in his op1n1on the CO zoning now in effect
should remain unless the owner of the property requests a different
zoning or a down zoning, and in which case his original activity
for obtaining the CO zoning should also remain in effect with
respect to the traffic light.
RESOLUTION NO. 25-75
A RESOLUTION AUTHORIZING EXPENDITURE FOR TRAFFIC
SIGNALS (Holmes Street and Concannon Boulevard).
REPORT RE PURCHASE
OF TYPEWRITERS
The City Manager submitted the following typewriter bids and it
is recommended that a resolution be adopted authorizing purchase
of typewriters from the State of California.
CM-29-238
February 3, 1975
(Re Purchase of Typewriterf
VENDOR
MODEL
PRICE
Valley Office Equipment
Blaisdell's Typewriter
Gene's Business Machines
Olympia SG3-L
Adler Model U390
Royal Standard
Facit l730-35
Facit l730-35
Facit l730-35
$239.00
244.50
259.00
3l0.00
396.00
l54.00 (2%/20 Dis.)
(
B&R Business Machines
State of California
RESOLUTION NO. 26-75
A RESOLUTION AUTHORIZING THE DEPARTMENT
OF GENERAL SERVICES OF THE STATE OF CALIF-
ORNIA TO PURCHASE CERTAIN ITEMS.
REPORT RE COLLIER CAN-
YON ROAD IMPROVEMENTS
The Public Works Director reported that the County of Alameda is
undertaking a project to improve a portion of Collier Canyon Road
and the roadway is being improved to provide adequate access to
the college site. It is recommended that the Council adopt a
resolution declaring a portion of Collier Canyon Road to be designa-
ted a County highway in order to save a tree and accommodate a
bicycle lane.
RESOLUTION NO. 27-75
A RESOLUTION DECLARING A PORTION OF COLLIER
CANYON ROAD IN THE CITY OF LIVERMORE TO BE A
DESIGNATED COUNTY HIGHWAY.
COMMITTEE MINUTES
The following committee minutes were submitted to the Council for
review as well as Planning Commission minutes:
Horizons Board Meeting - January l5
Greens Committee Meeting - December l2
Planning Commission Meetings - January 7 and l4
PAYROLL & CLAIMS
There were l37 claims in the amount of $l94,233.20 dated January 27,
1975, and 283 payroll warrants in the amount of $94,932.94, dated
January lO and January 24, 1975, for a total of $289,l66.l4, approved
by the City Manager.
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM MILLER, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE,
THE CONSENT CALENDAR WAS APPROVED.
MATTERS INITIATED
BY THE STAFF
(Executive Session)
Mayor Pritchard noted that the City Attorney has requested an
executive session to discuss a personnel matter and two legal
matters.
CM-29-239
February 3, 1975
(re Form Contract -
Emer. EmploYment Act)
Mr. Parness reported that he has recently received the form con-
tract, as specified by the County, per the format directed by
the federal government with respect to the employment of people
under Title VI of the Emergency Employment Act. The City has
already employed the people and he would recommend adoption of
a resolution that would authorize execution of the contract.
The contract has been reviewed by our staff, including the City
Attorney, has been prepared by the County and there is very
little the City can do about it.
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE THE RESOLUTION, AS RECOMMENDED BY THE CITY MANAGER, WAS
ADOPTED.
RESOLUTION NO. 28-75
A RESOLUTION AUTHORIZING APPLICATION FOR
GRANT PURSUANT TO THE EMERGENCY JOBS AND
EMPLOYMENT ACT OF 1974 (TITLE VI) AND AUTH-
ORIZING EXECUTION OF AN AGREEMENT WITH ALA-
MEDA COUNTY RE PARTICIPATION UNDER COMPRE-
HENSIVE EMPLOYMENT AND TRAINING ACT.
MATTERS INITIATED
BY THE COUNCIL
(Reports from Legal Department)
Cm Turner stated that he would like to receive monthly reports
from the Legal Department outlining what law suits the City is
presently involved in.
Mr. Logan explained that it had been his intention to prepare
quarterly reports, if the Council has no Objection, because
monthly reports would indicate that there is very little change
from month to month with respect to legal proceedings. He added
that he has been with the City exactly one quarter and would
hope to furnish a quarterly report this month on the status of
all the law suits with the City and including all outside law
suits. If the Council is interested he would be happy to re-
flect the cost of the outside suits and probably give some
reasonable projection about the ultimate cost to the end of
anyone law suit done by outside counsel.
Cm Miller stated that he would like to point out, as a matter
of public interest, that most of the law suits the City is
involved with have been brought against the City - not initiated
by the City of Livermore.
(Reserving
Sewer Capacity)
Cm Miller stated that there has been some discussion concerning
the policy for reserving sewer capacity for commercial and
industrial use and there is general agreement on the Council
that some or all capacity should be reserved, and would suggest
that this be formalized quite rapidly.
Mr. Logan noted that he is presently in the process of doing
research on this item.
CM-29-240
February 3, 1975
(K&B - Illegal Signs)
Cm Miller stated that the Planning Commission turned down a request
for a variance for the K&B signs and asked if K&B has complied with
our ordinance and the staff indicated that they have.
('
\
(Additional Response
from Congressman Stark
and the Corps of Eng.)
Cm Futch stated that there has been additional response from Congress-
man Stark and the Corps of Engineers concerning the study on urban
planning and it appears that the Corps of Engineers did not really
answer the questions posed by Congressman Stark. Cm Futch stated
that he may have the opportunity to discuss this matter with the
Colonel representative of the Corps of Engineers and would like the
permission of the Council to express their viewpoints on the develop-
ment in the Las Positas area, etc.
Cm Miller stated that he would be very happy to allow Cm Futch to
act as Council representative. He would agree that the letter from
the Corps is completely unsatisfactory and what it really says is
that they are going to do the Geldermann study and if they want
water management studies by their sponsor, which they have already
defined to be Alameda County, they will go ahead and do the studies.
This is completely unsatisfactory, it is what Mr. Murphy asked for
and what Mr. Geldermann wants.
(Murrieta Bike Traffic)
Cm Futch stated that he is particularly concerned about the bicycle
traffic that goes along Murrieta Boulevard to the high school and
especially with the increased amount of automobiles on Murrieta.
He stated that he would really hate to see a child hurt because
of aI- dangerous situation, while going to school. The Bikeways
Association, in conjunction with the Engineering Department, have
developed plans for an underpass underneath the road and railroad
tracks and would like to see that the City initiates some type of
action to get the necessary property appraised so that acquisition
can be made and the City may proceed with the bikeway that would
provide a safe access from the other side of Holmes Street to the
high school. HE MOVED THAT THE CITY OBTAIN APPRAISALS AND COME
BACK TO THE COUNCIL WITH A REPORT AS TO HOW SOON ACQUISITION CAN
BE IMPLEMENTED. Cm Futch added that he feels everyone is concerned
about the automobiles also and that we would like to see a 4-lane
street developed to the proper standards as soon as possible in
that area but there is no way the City can develop major streets
with tax money or other funds. The only way this can be done is
when the property develops. At this time the main safety aspect
which the City can control would be the pedestrians and bicycles.
/
(County Trucks Parked
on Stanley & Portola)
Cm Tirsell stated that she observed large trucks parked along Stanley
Boulevard and Portola Avenue all during the week and the weekend and
asked that the staff check to find out if something can be done about
them.
It was noted that Mr. Parness is taking care of the matter.
(Funding CBD Plan)
Cm Tirsell stated that pertinent testimony was received with respect
to expenditure of the Housing and Development funds and it was felt
that other funds should be used for the Central Business District
plans.
CM-29-24l
February 3, 1975
(Funding CBD Plan)
She stated that last week she suggested that the CBD goals and
conceptural drawing come to the Council and asked when this will
be discussed as an agenda item. Mr. Musso replied that it should
be before the Council in two weeks. Cm Tirsell suggested that the
staff come back to the Council with a recommendation for architects,
etc., to implement the plan.
(ABAG Meeting)
Cm Miller noted that an ABAG meeting has been scheduled for this
week and there should be Council representation at the meeting.
ern Tirsell stated that she plans to attend the meeting and Cm Futch
commented that he may also be able to go to the meeting.
(Air Pollution Con-
trol District Meeting)
Cm Miller stated there is an Air Pollution Control District meeting
about indirect sources on the same day as the ABAG meeting which he
will try to attend. It is his understanding that they will take
public testimony and felt it might be reasonable for him or someone
else to represent the City's views about indirect sources, and par-
ticularly to emphasize Cm Futch's original suggestion that large
scale general plan amendments should be included in indirect source
permits, which was followed by discussion as to what should be said
at this meeting. Cm Miller commented that there was a text prepared
for a previous hearing on indirect source regulations and he would
comment, essentially, about those points.
The Council indicated that Cm Miller could point out that the Council
has not taken any formal action, etc.
(Shortage of General
Practice Physicians)
Mayor Pritchard stated that he has spoken with Mrs. Combs whose hus-
band is on the Lorna Linda university staff, about the problem of
general practice physicians shortage in Livermore. Mrs. Combs
has indicated that it does not do much good to talk with students
who have not yet graduated because most of them go on to further
training and do not want to make commitments. The best suggestion
would be to place ads in the alumni association journal. Mayor
Pritchard asked permission to place an ad in the Loma Linda Uni-
versity School of Medicine alumni magazine as well as other school
magazines expounding upon the virtues of moving to Livermore if one
is a general practice physician.
The Council concurred with the suggestion.
(Parking Limits)
Mayor pritchard stated that he has received calls from the people
living in the area of McLeod, Second Street, and around the old
Police building, about a two hour parking limit. They feel it is
far enough away from the central business district that there should
not be a two hour limit, many of the merchants park in those areas
so as not to use parking space that would be used by customers and
in one case someone received a ticket because while his car was
parked there a red curb was painted during the same day.
Mr. Parness indicated that the reason the two hour limit is used
in the area of McLeod and the old~police station is because volunteer
firemen must have a place to park their cars when responding to
the fire horn. A report will be made to the Council.
CM-29-242
February 3, 1975
~
(Meeting with
Hospital Board)
Cm Tirsell stated that she and Cm Turner will be meeting with the
Valley Memorial Hospital board members on next Tuesday, the llth
at 7:30 p.m. in Mr. Andrews' office at the hospital.
RECESS
After a brief recess the Council meeting resumed with all members
of the Council present.
COMMUNICATION RE COUNTY
GOVERNMENT CENTER
A letter was received from Ratcliff, Slama & Cadwalader, architects
and planners, concerning the recommendation for a county government
center to be located either at Santa Rita or Hopyard Road sites
rather than at the Sunol Boulevard site now being considered for
the offices. The letter explained the reasons they feel the Sunol
site would be preferable and their justifications for choosing the
site.
VCSD RESOLUTION RE
ARROYO SANITARIUM
A copy of the VCSD resolution (6-75) requesting the Board of
Supervisors of Alameda County to keep the old county sanitarium
facility until studies can be conducted to determine whether or
not certain buildings could be improved and utilized for a youth
rehabilitation center was submitted to the City Council.
Mayor Pritchard stated that the VCSD should be commended for adopting
such a resolution.
REPORT RE NO. LIVERMORE
AVE. TRAFFIC COUNT
A copy of the North Livermore Avenue traffic count was submitted
to the City Council and noted for filing.
In view of the fact that Mr. Tull's name was mentioned in the
report he was allowed to comment, because he indicated that he
does not agree with the figures presented in the report.
REPORT RE INTEL DISCHARGE
The Public Works Director reported that a letter has been sent to
Intel Corporation instructing them to cease their toxic fluoride
effluent disCharge. Intel has begun using modified operating
procedures to collect the fluoride solutions but the rinse water
from the manufactured items is still being discharged resulting in a
residual. The City is continuing to monitor the discharge from
Intel. ~et..~' .
Mr. Parness commented that the City has been .8R.'I~ld by Intel that
the large amount of toxics found in the effluent was due to an
inadvertent dumping by some employees who weren't aware of what was
happening but precautions have been taken to eliminate another such
mistake.
CM-29-243
February 3, 1975
AIR POLLUTION STUDY
COMMITTEE REPORT
Cm Turner stated that he has some rather lengthy comments to make
concerning the Air Pollution Study Committee report and he is
sure his comments will encourage discussion and would therefore
MOVE THAT THIS ITEM BE CONTINUED FOR TWO WEEKS AT WHICH TIME
CM FUTCH WILL BE PRESENT, SECONDED BY CM MILLER AND PASSED BY
UNANIMOUS VOTE. ---,,/
REPORT RE INDUSTRIAL
PARK GRADE CROSSING
A letter has been received from the Southern Pacific Transportation
Company concerning their industrial park fronting on Vasco Road
and in which they indicate the extension of drill tracks will
make it necessary to cross at Vaughn Avenue and have asked
that the crossing be approved.
ON MOTION OF eM TIRSELL, SECONDED BY CM FUTCH AND BY UNANIMOUS
VOTE THE RESOLUTION APPROVING THE GRADE CROSSING WAS ADOPTED.
RESOLUTION NO. 29-75
A RESOLUTION APPROVING GRADE CROSSING AT VAUGHN
AVENUE (Southern Pacific).
INTRO. OF ORD. RE
UNIFORM PLUMBING CODE
There was discussion concerning the Municipal Code amendment to
adopt the Uniform Plumbing Code, 1973 edition and it is recommended
that a date be set for the public hearing.
Cm Miller suggested the following change for page 6, last sentence:
Before such work can be recommenced a new permit shall be first
obtained so to do, and the fee therefor shall be the amount required
for such work, etc.
Mayor Pritchard stated that rather than delete the word "one half" he
would prefer to change the wording that "abandonment has not exceeded
one half year (~) or six (6) months.", with which Cm Miller concurred
as did the remainder of the Council.
Mr. Kerin pointed out that this ordinance concerns only the plumbing
fees for a building.
Cm Miller suggested the fOllowing wording for Section l5.ll, page 9:
"During periods of heavy activity the actual time of inspection will
be scheduled on a first come, first served, basis as soon as possible
consistent with the normal inspection load." When there is a heavy
demand and the Building Department does 30 inspectionsa day instead
of the normal load of l5 a lot of mistakes are made and he would like
to prevent these mistakes.
Mr. Parness stated that the way this can be accomplished would be to
set an administrative policy that the field inspectors shall do no
more than l5 residential building inspections per day.
Cm Miller stated that this is a matter that has been irritating him
for many years and that people do complain about inspections and
mistakes are made when inspections are rushed. There should be
some means by which everyone will understand that the Building Dept.
will conduct their standard number of building inspections per day
so that proper building inspections will be made.
--,"
CM-29-244
February 3, 1975
(Ordinance re Uniform
Plumbing Code)
Cm Futch felt the proper approach would be to direct the City Manager
to take the necessary steps to insure that the amount of work and
the competence for the load is consistent.
~.
ON MOTION OF CM MILLER, SECONDED BY CM TIRSELL AND BY UNANIMOUS
VOTE THE ORDINANCE WAS INTRODUCED WITH WAIVING OF THE FIRST
READING, AND A PUBLIC HEARING SET FOR FEBRUARY l8th.
WEEKLY CITY MANAGER
STATUS REPORT
Mr. Parness stated that the City is cooperating with the county in
the compilation of a series of projects they are going to submit, on
behalf of both the City and county, under the Federal Aid Urban
Designation - projects the federal government will grant up to 90%
of the funding for street work. The list amounts to about $4 million
of street work taken from the list approved by the Council for improve-
ment needs.
The Zone 7 turnout the City has installed for the water line that will
service the junior college has an excessive amount of pressure and it
may be necessary to install pressure reducers.
A new building has been installed at the Corporation Yard and the Park
and Tree Department is very happy to have a place to park a few trucks.
The new employees under Title VI, just approved this evening, have
been at work for one week. There are II new employees in the public
works area, a woman has been hired for the Park and Tree Department,
and there is also a woman working for the Police Department and one
in the City Clerk's office.
The good weather has allowed the City to take care of street patching
and we are ahead of the normal schedule for this work.
"Bike Only" signs are being painted in the bike paths around town.
Benches have been delivered for use at the Springtown lake and if
they are not already installed they soon will be.
The Noise Committee is in the process of taking sound readings around
Livermore and they have found that the noises tabulated in and around
Holmes Street have been excessive compared to those found at the air-
port and I-580 areas. The studies have been quite revealing and the
Committee hopes to have something for the Council in about two months.
The computer runs for our recent census have been received and it is
felt that they will be of value in the future for comparing future
information.
At the last minute the City was asked to submit an application for
funds for programs that might qualify under the Economic Development
Act and the City has complied with this request. Only $l25 million
is to be allocated nationally but it is the hope that Alameda County
will receive a portion of the money and that the valley will receive
some of this money. projects are limited to $300,000 in worth and
are to be regulated by 75% for labor costs and 25% for materials.
'''''---
We are still waiting for the new Police Department vehicles. We will
be receiving smaller cars and the Council will be hearing recommenda-
tions for the City to go to medium compact vehicles for pOlice use.
We have received the final accounting certification for the Cross-
winds Restaurant and the bill has been sent to them in accordance
with Council direction. The amount due as of January lO, 1975, was
CM-29-245
February 3, 1975
(Weekly Status Report)
$9,99l.00 which is just slightly higher than what the City assumed
was due, and with the added interest and payments due to the City
the amount comes to $10,630.
There have been 8l Company inspections done by the Fire Department
during the month of January. This is a program whereby the entire
Fire Department will go out, fully manned, to do retail, commercial,
or industrial inspection. He noted that over the past calendar year
there were l02 grass fires and no fire losses which is a direct re-
sult of the weed abatement program.
;
-..-./
ADJOURNMENT
Mayor Pritchard adjourned the meeting at ll:05 p.m. to an executive
session to discuss a personnel matter and legal matters, and in
memory of Mr. Eldred Chance, and as a prerogative of the Mayor
would order that the flags of the City be flown at half-mast
tomorrow, Tuesday and again Wednesday until after the memorial
services for Mr. Chance.
~q~4
~ Ii /
~.~~
APPROVE
ATTEST
City Clerk
Livermore, California
Regular Meeting of February 10, 1975
A regular meeting of the City Council of the City of Livermore was
held on February 10, 1975, in the Municipal Court Chambers, 39 So.
Livermore Avenue. The meeting was called to order at 8:l0 p.m.
with Mayor Pritchard presiding.
ROLL CALL
Present: Cm Turner, Miller, Tirsell and Mayor Pritchard
Absent: em Futch (Excused Absence)
PLEDGE OF ALLEGIANCE
Prior to the Pledge of Allegiance, Gib Marguth, Chairman of the Bi-
centennial Committee and Ralph Condit presented the Bicentennial
Bennington flag along with brief comments concerning the flag's
history. The Bennington flag was the first flag ever flown on
land in this country during a war - August 1777. Mr. Condit
mentioned that Governor Regan had suggested using the flag dur-
ing the bicentennial celebration, and that the display of the
flag would be a positive symbol of patriotism.
Gib Marguth introduced Boy Scout Troup 939, the oldest Boy Scout
troup in the Bay Area - 50 years, who led the Councilmembers and
audience in the Pledge of Allegiance.
-.-'"
CM-29-246
February lO, 1975
(Flag Presentation)
The Boy Scouts presented the flag to the Conuncil and it was noted
that the flag can be purchased at local banks.
~
In conjunction with the presentation of the flag, Bill Owens gave
a slide presentation of historical buildings and sites, and he
commented that two sets of slides will be at the library - one
for viewing by the public and the other for storage.
MINUTES - 1/27/75
P. 215, third paragraph from bottom, second line should read:
public interest and particularly to the Hospital members.....
P. 2l5, Item 3) should read: 3) should there be a single central.....
P. 2l5, last paragraph beginning line 5 should read: with 330,000
people and would be double what we expect to have based on valley
general plans. He stated that it is his understanding that Valley
Memorial could add l50 beds at the present site......etc.......
P. 2l6, l3th line should read: population projections are. If
it is desirable to have another centralized location.....etc.....
P. 22l, last paragraph re water pressure, should read: Cm Miller
questioned what the pressure was at his house. (remainder omitted)
ON MOTION OF CM TIRSELL, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE, THE MINUTES FOR JANUARY 27, 1975, WERE APPROVED AS CORRECTED.
OPEN FORUM
(Letter from County Grand
Jury re R.R. Investigation)
Paul Tull, 2243 Linden Street, Secretary of the American Taxpayers
Union, read a letter sent to the ATU from the Alameda County Grand
Jury concerning the investigation of the railroad consolidation pro-
ject which indicated that there is no evidence of wilful or corrupt
misconduct on the part of any person or the governing body of the City
of Livermore and that all procedures for property condemnation and
formation of the assessment district have been followed, legally.
It is felt that the City of Livermore failed to keep citizens fully
aware of plans for the track consolidation which may have resulted
in citizen distrust and suspicion.
(No. Livermore Ave.
Traffic & Smog)
Mr. Tull read a newspaper article which was six years old concerning
the valley smog problem and noted that he has not had a response as
to what the City intends to do about the smog problem related to
increased traffic on North Livermore Avenue when it is again open
for thru traffic.
l
Cm Miller stated that he does not know how Mr. Tull has come to
the conclusion that there will be 35,000 trips made on No. Livermore
Avenue when it is open and that it is the number of cars in the
valley which creates the smog. It really does not matter which
street the cars use because the overall contribution to smog would
be the same. The key to controlling smog in the valley would be
to reduce the number of trips and cars that make the trips and in-
creased population in the valley means an increase in the number of
cars.
CM-29-247
February lO, 1975
(Smog - No. Livermore
Traffic)
Mr. Lee responded to the estimated 35,000 trips for No. Livermore
Avenue by saying that he assumes Mr. Tull is referring to an MTC
projection of traffic on No. Livermore Avenue and when they show
a certain projection for this street they are taking all of the
streets on both sides of it whereby it is considered a corridor,
and projections are made for a corrider - not just No. Livermore Ave.
Mr. Lee indicated that there probably is more smog while the under-
pass construction is underway because of all the detours cars are
having to make than there will be at its completion.
J
em Miller stated that he would like to make the point that there
were a very large number of adverse smog days last year (93-98)
and although emission levels have come down, per car, in the last
10 years because of auto emission control devices, the increased
number of cars in the valley has made the total amount of emissions
go up but not as much as the emission controls have come down.
(Unemployment Problems)
patricia Eden, 644 Meadowlark, stated that she has recently become
unemployed and knows of others who are faced with the same situation
and without means of getting to the Unemployment Office which is
located in Hayward and wondered what could be done.
Mayor Pritchard stated that this same problem was raised last year
when there was a severe gasoline situation and that the City had
asked that someone from the Unemployment Office come to Livermore
once a week so that everyone out of work in Livermore would not
have to drive to Hayward every week.
Mr. Parness stated that as he recalls special arrangements were
made so that those out of work would not have to report every week
but to his knowledge there was no representative coming to Livermore.
Cm Miller suggested that this matter be pursued, as it was last year,
to get someone to come to Livermore and that the Unemployment Office,
Senator Holmdahl, and Carlos Bee's office be contacted and asked to
help with this problem.
Cm Turner stated that in many cases the woman is the head of the
household, is unemployed and does not have transportation and also
does not have money to hire a babysitter while going out of town
for weekly benefits. These hardships should be mentioned when
contacting people about helping Livermore.
It was noted that the Council would request that there be letters
and telephone calls made to those mentioned.
Cm Turner suggested that perhaps the press would be willing to urge
the public to write letters or contact our representatives and to
obtain addresses of these people from City Hall.
CONSENT CALENDAR
Bids - Grazing Lease
Bids were received for lease of airport area property for use as )
grazing land but the City Manager commented tha t the City has been --/
asked to consider allowing use of a portion of the property as a
mechanical park and requested that the item be oostponed for a week.
ON MOTION OF CM TURNER, SECONDED BY CM TIRSELL AND BY UNANIMOUS
VOTE THE MATTER WAS CONTINUED FOR ONE WEEK.
CM-29-248
u
c
February lO, 1975
Gen. Plan Progress
Report No.3
The third progress report for the Livermore General Plan program
was submitted by Grunwald Crawford Associates and was noted for
filing.
Report re Intel
Toxic Discharges
Mr. Lee reported on the toxic effluent being discharged from
Intel at the last meeting and a fOllow-up report was submitted
with respect to monitoring of this problem.
Resolution Approving
Change Orders
The City Council adopted a resolution approving change orders for
the 1973-74 Capital Improvement Project - Phase I.
RESOLUTION NO. 30-75
A RESOLUTION APPROVING CHANGE ORDERS
The following resolution was also adopted concerning notice of
completion:
RESOLUTION NO. 3l-75
A RESOLUTION AUTHORIZING AND DIRECTING THE
DIRECTOR OF PUBLIC WORKS TO RECORD NOTICE
OF COMPLETION RE 1973-74 CAPITAL IMPROVE-
MENT PROJECT - PHASE I.
Report re Request for
Exemption of Levy re
County Fire Protection
The City Manager reported that in order to obtain a mandatory exemp-
tion from any tax for the cost of rural fire services to unincor-
porated areas, a resolution requesting exemption must be transmitted
to the Board of Supervisors prior to March 1 and he recommended that
the Council adopt such resolution.
RESOLUTION NO. 32 75
A RESOLUTION DECLARING EXEMPTION FROM
LEVY OF TAXES FOR FIRE PROTECTION SERVICES.
Res. Requesting
Assessed Valuation Est.
Upon application to the County for an estimate of local assessed
valuation, the county must provide an estimate for our City by
May l5 and it is recommended that a resolution requesting this
information be adopted.
RESOLUTION NO. 33-75
A RESOLUTION REQUESTING ESTIMATION
OF LOCAL ASSESSED VALUE.
CM-29-249
February lO, 1975
Minutes
The following minutes were submitted and noted for filing:
Housing Authority - November 19 and January 7
Board of Appeals - January 30
\~
Payroll & Claims
There were 77 claims in the amount of $57,856.74, dated January 3l,
1975, approved by the City Manager.
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM TIRSELL, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE THE CONSENT CALENDAR WAS APPROVED.
MATTERS INITIATED
BY THE STAFF
The City Attorney requested that there be an executive session
after the meeting to discuss legal matters.
MATTERS INITIATED
BY THE COUNCIL
(Removal of Parked Car)
Cm Turner stated that there has been a car parked on Lillian Street
which was tagged a few days ago and wondered how long a car can
remain on a street after it is tagged before someone hauls it away.
Mr. Parness indicated that the car could be removed at any time
after it is tagged and if he is given the address where it is
parked he will see that something is done.
(City Boundary Line)
Cm Turner stated that some time back future boundaries of the City
were established and asked if the Lone Star area would be in the
Pleasanton area. Someone has asked if this area could be within
Livermore's boundary bedcause this might be advantageous to our
tax base.
Mr. Musso indicated that he would look at the map and report back
to the Council on this item.
(Zone 7 Rate Increase
Staff Analysis)
Cm Miller stated that he asked that the staff analyze the Zone 7
water rate increases to determine l) whether or not the charges
and costs are reasonable and what the assignment of those costs
and charges for the paYment of Project II were; and 2) should there
be a larger water connection fee?
\
i
.~
Mr. Parness indicated that a report which includes this information
has been submitted to the Council but he would be happy to extract
the information and present the analysis to the Council.
Cm Miller stated that people have indicated to him that the water
connection fee may not be high enough and therefore the water users
are being asked to subsidize Project II.
CM-29-250
February lO, 1975
L/
(Health Care)
Cm Mi~ler stated that Cm Tirsell has written the Pleasanton City
Counc1l about the need for general practice physicians in the
valley and about the Valley Memorial Hospital problem and apparent-
ly Cm Kinney did not understand that two separate issues were men-
tioned and suggested that the next time someone meets with him it
should be pointed out that the City Council was really discussing
two different things and that the Council did not mean tha~ VMH
'4.:t },-.,'o more docto~s <:>n the staff....d- ~ "ff-er~ 'If
~-6I<~'~c~. ~
~,
COMMUNICATION FROM
SENATOR TUNNEY RE
INDIRECT SOURCE REG.
Senator Tunney wrote that he and Senator Cranston had joined in the
support of postponement of Indirect Source regulations until
June 30, 1975, so that hearings may be held on the economic and
social effects of the regulations prior to implementation.
Cm Miller suggested that the staff be directed to write a letter
to both Senators Cranston and Tunney aSking that they support no
more delays or postponements of the Indirect Source regulations
and that, in fact, they use their offices with EPA to include
residential and general plan amendments as well as major zonings
to be subject to Indirect Source regulations. The Council concurred.
COMMUNICATION RE BD. OF
SUPERVISORS NIGHT MEETINGS
Mayor Pritchard stated that in response to requests for nightly
meetings of the Board of Supervisors, they have written and indi-
cated that night meetings will be held the first Tuesday in the
months of April, May and June, at 7:00 p.m.
COMMUNICATION FROM S.P.
RE INDUSTRIAL DEVELOPMENT
Southern Pacific Industrial Development Company has written to
the Council to inform them that because of the present economic
situation it has been necessary to postpone several projects and
that the Livermore area is included in the list of projects to be
deferred. They emphasized that this is a postponement and not abandon-
ment.
COMMUNICATION RE RESIGNA-
TION OF COMMIS. LINDGREN
A letter of resignation was received from Robert C. Lindgren Jr.,
from the Livermore City Planning Commission, effective March 1,
1975, due to change in job and extensive traveling.
l
Cm Tirsell suggested that with respect to filling the vacancy
anyone interested who has not filled in an application should do
so and will be interviewed; those interviewed last summer could
notify the City Clerk that they would like to again be considered.
Mayor Pritchard felt the list from previous applicant interviews
would be sufficient and that there were a number of very good
people on the list.
Cm Tirsell and Miller felt that perhaps there are people with
different circumstances at this time who might be interested
and should be allowed interviews, and Cm Miller added that he
CM-29-25l
February lO, 1975
(P. C. Vacancy)
would have to agree with the Mayor in that sometimes interviews do
not make a difference but would still like to give people the oppor-
tunity and would suggest that there be a February 24, 5:00 p.m.
deadline for anyone interested in submitting an application or
reconsideration of anyone who has already been intereviewed; SO
MOVED BY CM TIRSELL, SECONDED BY CM TURNER AND PASSED BY UNANIMOUS
VOTE.
,
\~
COMMUNICATION RE SB 275
A letter was received from the Lawndale School District concerning
the Collective Bargaining Bill SB 275 and encouraging the City to
oppose the bill which would give public employees far-reaching
bargaining power. No action was taken.
COMMUNICATION RE CON-
SOLIDATION OF COURTS
The City Council received a report concerning the consolidation of
the Livermore Municipal Court and the Pleasanton Justice Court to
form the Livermore-Pleasanton Judicial District.
Cm Miller noted that if the courts are going to be consolidated on
a temporary basis there is also going to be a temporary increase in
the parking demand at the court and he regularly receives complaints
from First Street merchants who worry about the court taking up cus-
tomer parking. : If the demand is going to increase perhaps the City
should renegotiate the amount of money the county should pay for their
share of parking facilities.
Mr. Parness indicated that the City would observe the amount of park-
ing taken by people using the court.
COMMUNICATION FROM PUC
RE RATE INCREASED - FRAN-
CISCAN LINE & COMMUTE SERVICE
The PUC has written to the Council about appeals from the Franciscan
Line and Commute Service, Inc. for transportation rate increases -
approximately 29%, as a matter of information.
REPORT RE CENTENNIAL
PARK TREE RELOCATION
The Beautification Committee has requested that the City relocate
the tree located in Centennial park so as not to obstruct the view
of the totem pole and a staff report was requested concerning this
item.
Dan Freitas, Superintendent of the Park & Trees Department, reported
that the purchase value of the tree is over $lOO and if it is re-
located its chance for survival is about 65% and that no commitment
was made by his department to relocate the tree.
Mayor Pritchard stated that two letters urging that the City leave
the tree in its present location have been received, and members of
the Beautification Committee are asking that it be moved. It would
appear that everyone will not be satisfied by its removal and would
suggest that it remain in its present location.
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Cm Tirsell commented that the Indians lived in great harmony among
the trees and would assume that a totem pole would too.
No further action was taken on this item.
CM-29-252
February lO, 1975
REPORT RE FIRST
STREET WIDTH LINE
/"
G
Mr. Lee reported that several months ago the relocation of First
Street was discussed by the Council and it was agreed that the
relocation of First Street would be pursued but the existing
First Street would be protected. Mr. Lee stated that he would
assume that the reason for this would be in the event relocation
does not occur for some reason the Council would still have the
option and ability to widen First Street.
Mr. ,Kamp proposes to relocate his future store on First Street
opposite Junction Avenue and the protection of the existing
First Street widening is causing a design problem for Mr. Kamp.
The development agreement has been prepared with the provision
that Mr. Kamp dedicate the additional width, in the future, in
case it is needed and that he bond for the improvements to do
so. In the event the relocation of First Street is abandoned,
and existing First Street is widened, Mr. Kamp would lose his
parking and would have substantial public works costs. Mr. Kamp
is being required to dedicate two additional feet on the south
line of his property adjacent to the future relocated First St.
and to agree to install curb, gutter and sidesalks and street
paving to conform to the future relocated First Street. In view
of the relocation plans for First Street, Mr. Kamp is requesting
that the City Council eliminate the widening requirements for
the existing First Street. He has agreed to dedicate the right-
of-way width south of his property and public works improvements
at such time as he wishes access on the relocated First Street
or expands his building and in any event not later than five
years from the date of the agreement. He is also agreeable to
improving the existing First Street improvements and to curve
the street where it presently protrudes into the street.
Mr. Lee indicated that the City definately does intend to pro-
ceed with the realignment for First Street, the state will pay
for 80% of the cost and it is a state highway and for this reason
he feels it will be high on the state priority list.
Cm Miller stated that several months ago the Council made a
ruling that it would keep the options open as to what would
happen with First Street and this would be to impose conditions
on the development of the property. Mr. Kamp does not like the
conditions and is appealing the conditions.
Mr. Lee commented that the City would not require Mr. Kamp to pay
for improvements for the realigned First Street, right now, but
would require that he straighten out the corner, which comes to a
point into the street, and make improvements on the existing curb,
gutters and sidewalks, and Mr. Kamp would develop his parking lot
as indicated on his plan. He would provide the City with a bond
to guarantee that the curb, gutters and sidewalks would be developed
in the future if the City widens the present First Street. The City
is requiring a bond for both the front and back improvements.
Cm Tirsell stated that she really can't be as optimistic as
Mr. Lee because it has taken years to get the state to cooper-
ate in getting First Street straightened in the area of First
Street and North Livermore Avenue and, in fact, it is still
( not complete. While the realignment is a good planning move
i it does not mean that it will become a reality and Cm Miller
~ indicated that the state has not given their approval to move
the highway over where the tracks are located south of First St.
CM-29-253
February lO, 1975
(First St. Width Line)
Mr. Lee commented that when the City was planning the railroad
relocation project, in 1969, the state committed $500,000 to re-
locate First Street to the railroad track area and to participate
in the overpass. They did consider it and agreed to it once before.
Cm Miller stated that he realizes the property owners and merchants
on First Street are concerned about what will happen and that there
are uncertainties involved but the Council is also uncertain as to
what is going to happen and the property owners will have to take
this into account and develop accordingly.
~
Mr. Parness stated that approximately $l70,000 worth of property
is presently being acquired just to accommodate the realigned
First Street overpass and it would seem that there already has
been a commitment and the project is already down the road.
Randy Schlientz, ~~i~~~K~ stated that Mr. Kamp is
willing to take care of the public works improvements for the exist~
ing First Street and is also required to put in the improvements for
the future relocated First Street. The major concerns are: l) the
expense for existing improvements and the parking lot and 2) the
effects of First Street widening to these items if the realignment
is not possible. If First Street is widened the City will require
that the improvements are removed and this land dedicated to the City.
It is felt that the requirements are not reasonable because the City
has made a commitment to realign First Street. Mr. Kamp also has
made commitments concerning this property and he has been placed
in a very difficult situation.
There was some discussion
stated that dedication of
front and back but
~.
Cm Miller stated if
required for the nor
will be expected for
concerning the agreement and Cm Tirsell
right-of-way would be required for both
.
,~~~-~~-~..
treet is widened improvements will be
h and if realignment takes place improvements
the south and that these are alternatives.
Mr. Schlientz stated that Mr. Kamp has been forced to relocate and
has gone through the preliminaries involved for using this particular
parcel and would urge the Council to take a stand as to whether First
Street will be widened or relocated.
Cm Miller stated that he feels it is necessary to see that all bases
are covered and that the City is protected and does not like the con-
cept that when the Council tries to protect the public interest by
making sure all bases are covered, that it is attacked because of it.
He would agree that this may cause a hardship for Mr. Kamp and the
Council will do what they can.
Mr. Schlientz indicated that he did not mean to be attacking the
Council but it is difficult to have requirements imposed for all
of the options.
Cm Tirsell asked if Mr. Schlientz and Mr. Kamp were aware of these
potential problems all along and Mr. Schlientz indicated that they
were aware of the plans but did not realize they would be required
to dedicate and improve on both frontages. The reason they have a
38 ft. setback is because of the possibility that First Street
might be widened.
Cm Miller stated that in any case the applicant will be required
to put in two curbs, gutters, and sidewalks, and illustrated this
point on the blackboard. Mr. Kamp must take care of the public
works improvements on the present First Street and if realignment
does occur - which it probably will - improvements will have to
be made south of his property. If we don't require both, they
may have to be done at the expense of the taxpayers.
..J
CM-29-254
February lO, 1975
(
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(First Street Width Line)
Mr. Kamp stated that according to the Planning Department they
weren't sure how wide First Street would be made if the realign-
ment does not take place. It could be as much as 38 ft. or it
could be less and this is the reason they have allowed a 38 ft.
setback. He stated that the first time he ever heard of the
requirement for improvements to the rear of the property was
at the time he obtained papers for proceeding with the site plan.
He felt it unfair to require that he dedicate l7 ft. on both
the north and the south side.
Cm Miller stated that this would be unfair and a point the Council
would agree with; however the point which has been made is that
the north side was designed and set back to accommodate for the
possible widening of First Street and it would seem that Mr. Kamp
has taken this possibility into consideration.
Mr. Kamp stated that the City is going forward with plans for
relocating First Street and yet the City is asking that he make
improvements for First Street that is to be abandoned - just in
case.
Cm Miller stated that what the Council is aSking is that Mr. Kamp
agree to do the public works improvements for either the north or
the south side but not both and would assume that this would be
satisfactory and would remove a portion of the problems for Mr.
Kamp and Mr. Schlientz indicated that this certainly was one of the
concerns.
Mr. Schlientz pointed out that the other factor of concern is that
Mr. Kamp is making an investment on First Street and, assuming First
Street is not realigned, he is making an investment in the parking
lot and if the street is later widened it will mean that all the
money which has been put into paving, etc., will be lost. Mr. Schlientz
suggested that perhaps an arrangement could agreed upon whereby
Mr. Kamp could be given credit for public works improvements made
now, towards future improvements, in the event First Street is widened,
and the Council commented that if First Street improvements are requir-
ed Mr. Kamp will save money on the south side improvements by not
having to develop on the south side.
Mayor Pritchard stated that he would like any debate to come to
a close and would like to summarize what has been said in the
interest of moving Council business.
The Council is: l) Keeping its option open concerning the realign-
ment of First Street; 2) Mr. Kamp will not be required to pay for
public works improvements on both the north and south side; and
3) the Council has every intention of, and is proceeding with,
realigning First Street.
(
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Mr. Regan, realtor, stated that when he and Mr. Kamp looked for
a site for his business all the factors were considered and there
were many discussions with the staff and he would like to mention
that there was indication from the staff that if the track reloca-
tion project went through the Council would probably have a more
lenient attitude as to First Street improvements and also that
it would be practically a foregone conclusion that First Street
would be realigned. They proceeded with the assumption that
funds for the improvement of the present First Street would come
from some other source.
Cm Miller stated it is true the staff has been urging the Council
not to be too strong about conditions on existing First Street.
It was the Council, not the staff, that insisted the City be
fully protected; therefore the position of the staff, as men-
tioned was correct and there is no inconsistency there.
CM-29-255
February lO, 1975
(First St. width Line)
Cm Miller added that for the past 20 years it has been the policy
of the Council to require that that at the time of development the
public works improvements must be put in, and it seems that everyone
involved with any type of development would know this.
Mr. Parness noted that it has always been a policy that a property
owner would be required to dedicate and improve the usual amount
of widening and the balance or excess would be satisfied by the
City and perhaps this can be cranked into the agreement formulation.
Mr. Kamp asked if this would mean that a portion of the widening
would be borne by the City and Mr. Parness indicated that this is
correct. Mr. Kamp stated that he is being pressed with deadlines
because of the railroad relocation project and it is very difficult
to deal with three locations and trying to put everything into one
location and noted that he really needs to know a timetable that
he can work from.
J
Mayor Pritchard stated that it is the City's intention to proceed
as fast as possible with the railroad rightt-of-way for realignment
of First Street and is proceeding with land acquisition for this
purpose.
There was no further discussion concerning this item.
RECESS
After a brief recess the Council meeting resumed with the same
Councilmernbers present.
REPORT RE NEED FOR
ENGINEERING MANPOWER
The City Manager reported that the City's temporary engineer was
dividing time between the Water Reclamation Pland project and the
Grade Separation project and with the increased construction activity
it was necessary to assign one of our permanent staff engineers
to the Grade Separation project. This has depleted the engineering
staff of permanent engineers and it is recommended that the Council
adopt a resolution authorizing and amendment to the Engineering
Department budget to provide for temporary emplOYment of an assistant
Civil Engineer for a term not to exceed six months.
Mr. Parness added that during the next budget session he would
like consideration to be given towards possible permanent employ-
ment of another person for this department.
CM TIRSELL MOVED TO ADOPT THE CITY MANAGER'S RECOMMENDATION, SECONDED
BY CM PRITCHARD FOR DISCUSSION PURPOSES.
Cm Miller felt the Engineering Department could get by with the
present manpower until budget time and that the City should not
commit itself to hiring another employee either on a temporary or
permanent basis.
Cm Turner commented that the Engineering Department has asked for
another employee based on the number of engineers hired by other
cities and Cm Turner felt the justification should be based on
the work load and not what other cities are doing. Also, there
was nothing in the report from Mr. Lee to indicate that there is
a need for a temporary staff member and also would rather wait to
consider staff addition at budget time.
I
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Cm Tirsell stated that the Council wanted someone to be on the
Railroad Relocation project at all times and presently the engineer
is dividing his time between this and the reclamation plant.
CM-29-256
c
February lO, 1975
(Request for Additional
Employee - Engineering)
Mayor Pritchard stated that this is not correct - a man has been
assigned to the railroad relocation project full time.
THE MOTION FAILED 3-l (Cm Turner, Miller and Chair dissenting).
REPORT RE POLICE RADIO
EQUIPMENT LEASE - MOTOROLA
The City Manager reported that one of the five year radio leases
with Motorola for police radio equipment has just expired and it
is recommended that the lease be renewed with new equipment and
additional communication provided. Motorola has submitted a list-
ing of the equipment and prices and the Chief of Police has submitted
a statement concerning description of the equipment. The replace-
ment is limited to lO mobile radios and 4 Handie-Talkies. The
balance of the equipment was provided for in this year's budget.
With all of the new equipment and based upon a 7 year lease term
the monthly rate would increase from $750.50 to $454.93 ( $84.43 more).
Cm Turner mentioned that in the letter to Chief Lindgren from
Motorola he noticed they provide for an add on rate of 8.2%
which is equivalent to a l5% annual percentage rate or simple
interest and most leases are computed on a simple interest basis
and unless they have misquoted, this amount seems excessive.
Mr. Parness stated that the City is now having to be assessed
for these leases and all other forms of taxes are included within
the price.
Cm Turner and Miller noted that it is illegal to make a quotation
and not include the annual percentage rate.
CM MILLER MOVED TO ADOPT EXECUTION OF THE LEASE, SUBJECT TO
CLARIFICATION OF THE INTEREST RATES, SECONDED BY CM TIRSELL
AND PASSED BY UNANIMOUS VOTE.
RESOLUTION NO. 34-75
A RESOLUTION AUTHORIZING EXECUTION OF
LEASE FOR LIVERMORE POLICE DEPARTMENT
(Motorola Communications and Electronics, Inc.)
REPORT RE PUBLIC PROPERTY
IMPROVEMENT FUNDS STATUS
The City Manager reported that the Business License Tax on construc-
tion of residential construction levied for park development purposes
shows a total of $llO,626.28, on hand. No appropriations have been
budgeted against this tax in the 1974-75 budget and it is obvious
that the Council shall appropriate this sum for park development
purposes. The Director of Finance has indicated that in his opinion
the expenditures may take place in any area the Council wishes, in-
Cluding the areas in which the taxes were collected. This particu-
lar tax was levied for the common benefit of park development pur-
poses and is distinguished from fees, service chages and assessments
which are levied for specific benefits against particular persons
\,~, or property. LARPD has requested the transmission of $32,382 to pay
the low bid cost for the improvement of Vista Meadows park in the
Los Altos tract and the request is being reviewed by our City Attor-
ney as to the appropriate method of expenditure, but the City Attor-
ney has indicated that such can probably be accomplished by means
of a simple contract between the City and LARPD for transfer of
the funds. At present, there is no way the City can legally author-
ize transfer of the funds. The staff will be reporting back to the
Council.
CM-29-257
February 10, 1975
(Property Improvement Funds)
Cm Miller noted that at the time the Council adopted the ordinance
it was intended that the monies raised in a certain subdivision
would be spent in that subdivision or on properties directly adjacent
to the subdivision so that the people who paid for park development
would benefit from it. ~~
Mr. Parness indicated that this is a policy of the Council but that ~
this is not mandated and it might be advisable to leave this option
open as there may be other means of capital expenditure to satisfy
the park improvement needs, such as has been the case with storm
drain fees.
Cm Miller felt that at this point it would be useful for the records
to show that the intent of the Council is that the money will be spent
on the area in which it was raised.
PUBLIC HEARING SET
RE PLANNING UNIT #18
ON MOTION OF CM TIRSELL, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE
A PUBLIC HEARING FOR PLANNING UNIT NO. 18 WAS SCHEDULED FOR MARCH 3.
Planning Units 8 and 9 will also be discussed for possible action.
REPORT RE INDUSTRIAL
INQUIRIES
Cm Turner stated that in reviewing the industiral inquiries it
appears that the departments of the City are not coordinating
their responses and that if something comes to the Planning Dept.
and is referred to Public Works, the Planning Department should
be notified as to what action was taken or what happened to the
inquiry. He also added that from the report it would appear
that the City is not initiating follow-up on an inquiry and
would suggest that industrial applicants be pursued. Cm Turner
stated that he would like the Council to be informed as to the
final action on an inquiry.
The Council agreed that the City should show some interest in
iIl:dU. . stri~l inquJ.rie.s s. wi thout b~coming oV~l:'bearin.. g. .2)'-'-.' c~,..., ~,,:-c
IU-"t...u..~aJ:c~~~/Y~ ~Cli~-n./-Q, ctft/L- --'-'t^\'o,~l'-C" ~
GENERAL PLAN -~G
ORDINANCE AMENDMENTS
Mayor Pritchard commented that he neglected to mention during
Matters Initiated by the Council, that during discussions with
the staff the planning consultant for the General Plan has sug-
gested that there be adoption of amendments to the zoning ordinance
and would suggest that the proposed ordinance regarding General
Plan amendments be referred to the Planning Commission for comment.
ON MOTION OF CM TIRSELL, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE
THE MATTER WAS REFERRED TO THE PLANNING COMMISSION.
WEEKLY STATUS REPORT
Mr. Parness reported that the lift station at the treatment plant ~
has been completed and therefore all of the public utility features
to service the junior college are in place and operational.
The Zone 7 line in the airport vicinity is in place and is connected.
The western section of the airport is not connected, as yet, because
we have to wait for pressure reducing facilities but it is anticipated
that the line will be connected throughout within two to three weeks.
CM-29-258
February 10, 1975
(Weekly Status Report)
v
The Intel sewage discharge is under control and the City is
satisfied that they are doing everything they can to correct
discharge of toxic material. The deposit of fluorides is down
to 20 ppm which means something in the area of .5 ppm in our
effluent.
Mr. Parness has just been informed, today, that terms have been
agreed upon by the property owners concerning the corner of No.
Livermore Avenue and First Street and the deeds are about to be
submitted to escrow. A letter is being sent to Mr. Parness'
office concerning the value of the settlement which was very
slightly above the state's appraisal, which they negotiated
on our behalf.
The Council has asked about the prospects of additional BART
stops along Stanley Boulevard in the vicinity of the hospital
and the BART staff has indicated that they are willing to do
this but wants the City to tell them where a stop can be placed
for westbound travel. Mr. Parness stated that if one observes
this area there just is no place for a stop for the westbound
traffic. They presently stop at Stanley and Murrieta, west-
bound, and at Stanley and Murrieta eastbound and they can
stop at the hospital for eastbound routes and this at least
would allow for travel from the west end of the valley to the
hospital and for them to get back they would have to go to
the Stanley stop.
Cm Miller commented that where Stanley Boulevard makes an
S curve bv the hospital in the area of liS" Street there is
some room on the north side and maybe a stop could be provided
in that area without being in the lane of traffic.
It was mentioned that it would be difficult for people to cross
to that side of the street because of the traffic problem there
and also this is where the extension of Railroad Avenue will
connect with Stanley Boulevard.
There was also mention of the fact that the City would not want
the BART bus to interfere with the business Pioneer is doing.
ADJOURN
There being no further business, Mayor Pritchard adjourned the
meeting at lO:30 p.m. to an executive session to discuss legal
matters as requested by t City Attorney.
ATTEST
APPROVE
CM-29-259
Regular Meeting of February 18, 1975
A regular meeting of the City Council of the City of Livermore
was held on February 18, 1975, in the Municipal Court Chambers,
39 South Livermore Avenue. The meeting was called to order at
8:10 p.m. with Mayor Pritchard presiding.
ROLL CALL
J
Present:
Cm Turner, Miller, Futch, Tirsell and Mayor Pritchard
Absent:
None
PLEDGE OF ALLEGIANCE
Mayor Pritchard introduced Boy Scout Troop 932, attending the
Council meeting in the interest of earning badges, and the Mayor
asked Tom Wainwright, member of the Troop, to lead the Pledge
of Allegiance.
MINUTES
February 3, 1975
p. 243 - last paragraph, top line should read: Mr. Parness com-
mented that the City has been assured by Intel...etc..
p. 232 - Walter Bower should be Walter Bauer
p. 235 - last paragraph, line three should read: ......He felt
perhaps we are being told something about how industrial parks..etc..
January 30, 1975
p. 229 - second paragraph, last line should read: any other city
in Alameda County has per unit of population.
ON MOTION OF CM FUTCH, SECONDED BY CM MILLRER AND BY UNANIMOUS VOTE,
THE MINUTES FOR THE MEETINGS OF JANUARY 30, 1975, AND FEBRUARY 3,
1975, WERE APPROVED, AS CORRECTED.
SPECIAL ITEM
(School Tax Election)
Clarence Hoenig, representative of the School District's School
Building Election Committee spoke to the Council with respect
to the School Building Tax Election for a lease-purchase plan
and a revenue limit plan and asked that the Livermore City
Council endorse the forthcoming measure.
ON MOTION OF CM MILLER, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE, THE COUNCIL ENDORSED THE TWO MEASURES ON THE BALLOT.
It was noted that the School District has printed information
indicating exactly where the dollars will go and for what pur-
poses and areas and that the measure can pass by a simple major-
ity vote of the community.
J
Contributions to support the measures can be made by contacting
Pat Crawford, 4222 Colgate Way, and checks should be made payable
to the School Building Election Committee.
CM-29-260
February 18, 1975
OPEN FORUM
(Complaint re Police
Officers & Conduct)
I
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Kay Parra, 819 Brennan Way, stated that she has written to the
Police Department concerning conduct of police officers during
civil disruptions at her residence and that the Chief of Police
has responded by indicating that incidents Mrs. Parra is complaining
about have taken place some months in the past and there is not suf-
ficient evidence available to substantiate her complaints.
Mrs. Parra stated that there have been verbal discussions between
Mayor Pritchard, the Chief of Police and her since the incident
and resents the fact that Chief Lindgren has indicated she waited
eight months to do anything about the situation. She also felt
it unfair that the officers involved were asked what happened and
also other officers who were not involved were asked questions and
yet the neighbors across the street who were witnesses were not
questioned. In her opinion a complete investigation was not made.
She stated that she has contacted Cm Futch and Cm Turner and has
asked that they conduct a complete investigation.
Cm Futch stated that he indicated to Mrs. Parra that he would be
available to help with an investigation if the Council wishes to
pursue the nature of the complaint.
Cm Turner commented that he was not contacted and Mrs. Parra ex-
plained that she has requested that he work with Cm Futch in seeing
that a complete investigation is undertaken. He noted that he and
Cm Miller have been appointed as a subcommittee to work with the
Police Department to investigate citizen complaints and Mrs. Parra
stated that she has no objection to Cm Miller's help with an investi-
gation.
CM TIRSELL MOVED THAT THE SUBCOMMITTEE MEET WITH MRS. PARRA AND
CHIEF LINDGREN TO DISCUSS THIS ITEM AND THAT THE CITY MANAGER BE
DIRECTED TO ARRANGE A MEETING WITHIN THE NEXT TWO WEEKS, SECONDED BY
CM FUTCH, WHICH PASSED BY UNANIMOUS VOTE.
(Field Investigations)
Ron McNicol, reporter, stated that he had spoken to the Council in the
past about the Police Department field investigations and still
feels this is unconstitutional; however, it seems that there is
little that can be done about it. He stated that after speaking
with Chief Lindgren and the Council it appears that the field
investigation is the best means of helping to eliminate problems.
P.H. RE ADOPTION OF
UNIFORM PLUMBING
CODE - 1973 EDITION
c
Mr. Street, the Building Inspector, stated that the Uniform Plumbing
Code has been in effect in Livermore for approximately 10 years and
a public hearing is being held so that the code can be updated and
that no changes have been made on a local basis but rather changes
made by the publisher of the Uniform Plumbing Code. The only dif-
ference in fees relates to the charge for the trailer park sewer
lateral.
THERE BEING NO PUBLIC TESTIMONY, ON MOTION OF CM MILLER, SECONDED
BY CM TIRSELL AND BY UNANIMOUS VOTE THE PUBLIC HEARING WAS CLOSED.
CM-29-26l
February 18, 1975
(P.H. re Adoption of
Uniform Plumbing Code
1973 Edition)
Mr. Street commented that the fee for trailer park sewer inspections
varies according to the size of the trailer park and if there are 150
spaces it would be a fee of $150 ($1 per space). He also mentioned
that the City will now be able to inspect mobile homes to see if
they are substandard with respect to plumbing and electrical wiring
but other problems will have to be reported to the state and the City
will continue to work through the state for the other problems.
..~
ON MOTION OF CM TIRSELL, SECONDED BY CM FUTCH AND BY UNANIMOUS VOTE
THE ORDINANCE APPROVING THE UNIFORM PLUMBING CODE WAS ADOPTED, WITH
THE SECOND READING WAIVED AND TITLE ONLY READ.
ORDINANCE NO. 857
AN ORDINANCE AMENDING CHAPTER 15, RELATING TO
PLUMBING, OF THE LIVERMORE CITY CODE, 1959,
BY THE ADOPTION OF THE UNIFORM PLUMBING CODE,
1973 EDITION AND AMENDMENTS THERETO.
CONSENT CALENDAR
Report re
Budget Transfer
The City Manager reported that in order to qualify for a $5,000
allocation from the California Airport Aid Program we are re-
quired to deposit $5,000 of matching monies in the Special
Aviation Fund (82). The deposit must be made before submittal
of our yearly application (deadline March 1) and it is requested
that the Council adopt a resolution authorizing transfer of funds.
RESOLUTION NO. 35-75
A RESOLUTION AUTHORIZING AND DIRECTING TRANSFER
OF FUNDS (Airport)
Report re CETA Contract
The City Manager reported that we have been notified that the
E.E.A. program will terminate on February 1, 1975 and employees
under the program will be transferred to CETA, Title II which is
scheduled to terminate on June 30, 1975.
It is recommended that the Council adopt a resolution authorizing
execution of the agreement with the County.
RESOLUTION NO. 36-75
A RESOLUTION AUTHORIZING EXECUTION OF AGREE-
MENT ALAMEDA COUNTY: RE FUNDING UNDER CETA,
TITLE II.
Departmental Reports
The following Departmental reports were submitted for Council
information:
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Airport Activity - January
Building Inspection - January
Planning/Zoning Activity - January
Police Department r Janaury
Mosquito Abatement - December 1974
CM-29-262
c
c
February 18, 1975
(Departmental Reports)
Cm Futch commented that there was not a report concerning sewage
and wondered why and Mr. Lee commented that the report is not ready
at this time and the last report was submitted approximately two
weeks ago.
Mayor Pritchard asked about the monitoring of the Intel effluent and
Mr. Lee reported that the City has been monitoring, continuously,
and the plant is satisfying the requirements and it would appear
that we are now in good shape.
Payroll & Claims
There were 72 claims in the amount of $592,658.32, and 287 payroll
warrants in the amount of $87,448.01, for a total of $680,106.33,
dated February 18, 1975, and approved by the Director of Finance.
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM TIRSELL, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE THE CONSENT CALENDAR WAS APPROVED.
MATTERS INITIATED
BY THE STAFF
(P . H. re PU # 12 )
The City Clerk reported that the Planning Commission has submitted
a report on the 15th General Plan amendment and asked if the Council
would like to set a public hearing this evening to help save time.
ON MOTION OF CM MILLER, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE
THE PUBLIC HEARING RE PLANNING UNIT NO. 12 WAS SET FOR MARCH 10th.
MATTERS INITIATED
BY THE COUNCIL
(Social Functions)
Cm Turner stated that there have been social events for which there
was no representation by the City Council because invitations have
been received by the Council after the event has taken place. He
stated that he has received a complaint from someone who was very
upset because there was no Councilmember present at a certain func-
tion and wondered if Mr. Parness' secretary could be responsible
for a Council social calendar and to notify the Mayor or someone
from the Council that an event is scheduled for a certain weekend
so that invitations are not lost or overlooked.
It was noted that the City Clerk would be responsible for notifying
the Mayor of an event.
(Request for Reports)
Cm Turner stated that he would like to have another report on the
bicycle licensing program, and also a report concerning the Wall
Street lighting matter.
CM-29-263
February 18, 1975
(East Ave. at
Fourth Street)
Cm Turner stated that at the end of East Avenue going home from the
labs one must get into the left lane on East Avenue to go down
Fourth Street and it has been suggested that the right lane also
be allowed to go onto Fourth Street with the option to go towards
town on South Livermore Avenue. The one lane access is causing
cars to stack up in the left lane and there are many near acci-
dents because of this problem.
~, ",
..~
Mr. Lee commented that this matter has been mentioned in the past
and he will report back to the Council.
(Departmental Reviews)
Cm Miller stated that he would like the Council to review one City
department a month and ask each department head what the department
does, who his employees are, and what they do. This information
would give the Council a feeling as to what the City staff does
for it and also would be educational for the public because there
are many things done that the citizens are not aware of.
Cm Tirsell stated that she feels it would be difficult for the
Council to read a bundle of information as to what each depart-
ment's employees do and would rather visit each department and
see what each person is doing.
The Council agreed that they would like to visit each department
and perhaps after the visits there could be suplemental written
information submitted to the Council. It was also mentioned that
the Council would be interested in meeting each of the City employ-
ees and perhaps various departments could be invited to attend a
Council meeting and the head could introduce his employees to the
Council.
THE STAFF WAS DIRECTED TO ARRANGE FOR SOME TYPE OF VISITATION TO
THE DEPARTMENTS.
(Adjusting Income
for Police Department)
Cm Futch stated that during negotiations with the Fire Department
it was recognized that the Police Department, by previously negotiat-
ing a three year contract, had placed themselves at a disadvantage
as far as maintaining their income and would like a staff report
on a fair and equitable means for adjusting the income for police
personnel.
Mr. Parness stated that the staff intends to bring something like
this to the Council for review but the proposal is presently in
the formative stages.
(Prospective Industrial
& Commercial Clients)
Cm Futch suggested that perhaps when someone is interested in
commercial or industrial property in Livermore the City Manager
could be contacted and introduced to the propspective client as
there may be additional information he could provide.
-.-/
CM-29-264
February 18, 1975
(ABAG Meeting)
Cm Tirsell reported on the February 5th ABAG meeting and plans for
the March meeting at which time Livermore will be allowed time
for a rebuttal on the Geldermann development proposal. (An additional
l~ hrs. has also been requested by Geldermann) .
u
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE, CM TIRSELL WAS ALSO NOMINATED ALTERNATE ABAG DELEGATE FOR THE
MEETING OF FEBRUARY 19TH.
COMMUNICATION RE
BEAUTIFICATION COM-
MITTEE RESIGNATION
A letter of resignation from the Beautification Committee was
received from Wes Nelson.
It was noted that Wes has been a very hard worker and the Council
expressed its appreciation of the work he has done and regrets
that he has decided to resign. The staff was asked to send a
letter of thanks to Wes, SO MOVED BY MILLER, SECONDED BY CM TURNER
AND BY UNANIMOUS VOTE.
REPORT RE GRAZING LEASE
- CITY PROPERTY
The City has received bids for surplus land owned by the City for
grazing purposes, as listed below.
FIRM
BID
Vargas Brothers
Ernest Basso
Donald Mandeville
John DePonte
$14,560.00
13,075.00
10,155.60
9,000.00
During the time the City called for bids LARPD asked that a portion
of the property be used for a "mechanical park" and a representative
from LARPD will be giving an oral report on this proposal. Mr. Vargas
has been leasing the property from the City and his attorney will
also be addressing the Council on this item.
c
Hugh Walker, attorney representing the Vargas brothers, stated that
the bid was submitted on or before January 31st at 4:00 p.m. and
was notified at that time that his bid was accepted but was not for-
mally approved by the City Council. Mr. Vargas has used the property
for the past five years and it was his understanding that he could
continue to lease the total acreage which is presently stocked with
88 head of livestock. For the rest of the season Mr. Vargas has no
place to go with his cattle. He stated that he has not had the time
to review the legalities involved but feels something can be worked
out in the way of a shorter term lease during which time Mr. Vargas
can find another grazing area, or at least to allow him to remain on
the property through this bgrazing season which should last through
Mayor June or possibly early July. Mr. Vargas was told that the
only formality necessary would be for the Council to sign the original
lease which Mr. Vargas would then have to sign and send back to the
City with his rent for the first year. When he did not receive the
papers he telephoned the City (February 14th) and was told that there
is a problem. This was the first he knew of another proposal for the
property or that he might not be able to lease the property.
Jerry Ingledue, representing LARPD, stated that there is a need for
a mechanical area to provide for motor bikes, model airplanes, model
boats, etc. and they are requesting the use of 27 acres for this
purpose. He stated it would take some time to develop and ready the
property for this use and would be happy if Mr. Vargas could continue
to use the remainder for grazing purposes.
CM-29-265
February 18, 1975
(Report re Grazing Lease)
Cm Futch asked if there is a potential problem with the proposal
for a portion of the land used for a purpose that will create
noise in the area of 88 decibels and Mr. Walker stated that he
does not recall how intense 88 decibels are but there is a poten-
tial problem of having livestock graze in the immediate vicinity
where there is noise.
Cm Turner asked the distance of the nearest residential unit and
someone from the audience replied that it measures 1200 ft. from
the nearest Greenville North home and about 1900 ft. from the near-
est Springtown home.
\J
It should be noted that the property is adjacent to Raymond Road.
There was discussion concerning the noise and the effect to the
neighboring homes and Cm Turner stated that he feels there would
be disruption to the homeowners to allow noisy weekend planes and
motorcycles and Mayor Pritchard pointed out that not only would
there be noise generated in this area by motorcycles but also
there would be noise of the motorcycles going through the residen-
tial areas on the way to the mechanical park.
Mayor Pritchard stated that he feels the City has a moral obliga-
tion when something has been put up for bid, pending Council approval.
Lowell Bergman, of LARPD, stated that their intention is for the
mechanical park to allow controlled use and a place for the bikes
during the weekends, and it would be many years before all of the
proposed activities could be accommodated.
Cm Miller asked if the park would be used all day during weekends
and all during the summer when kids are not in school and Mr.
Bergman indicated that the area would be fenced and open during
only certain times.
Cm Tirsell wondered what generally happens to the cattle when
the grazing season is over and Mr. Walker indicated that the cows
are kept year around.
Bill Older, Springtown resident, stated that he is just one
of about 1,000 Springtown residents who would oppose the LARPD
proposal for the mechanical park which they feel would be very
disruptive because of the noise and the additional mini-bike
traffic this would create. He suggested that if LARPD wants
to provide a mechanical park that this be made available near
the airport where there is already a high noise level and where
youngsters will not have to be transported by parents. He noted
that if people are hauling their small bikes to areas where they
can ride, proximity should be no concern, and they may as well
find a place to ride out by the old Altamont Road or Tassajara
Road. He stated that he feels there will be further development
in the Greenville area, in time, and does not want LARPD to
permanently disfigure the area with development of a mechanical
park and urged the Council to confirm the lease with Mr. Vargas
for another five years.
Mayor Pritchard stated that he would like to point out that he
is sure LARPD has no intentions of casting aspersions on the
Springtown residents by proposing a mechanical park and that
if youngsters are not on public streets they do not need to
have a drivers license to ride the motor bikes.
~
Cm Futch stated that he realizes there is a need for the type of
park LARPD is proposing but a noise level of 88 decibels per motor
bike across an open field will mean a noise level that he feels
would exceed the recommended level for a residential neighborhood.
CM-29-266
February 18, 1975
(Report re Grazing Lease)
There are no trees or other barriers to help break the noise level
and a change of this magnitude in a relatively quiet area would be
very noticeable, and this would be the major reason he would not be
in favor of the proposal for this particular location.
~/
CM FUTCH MOVED THAT THE COUNCIL APPROVE THE LEASE BETWEEN THE CITY
AND MR. VARGAS, SECONDED BY CM TURNER.
Cm Miller stated that he will vote in favor of the motion but feels
something should be said in favor of efforts by LARPD to provide a
type of park needed and which would help eliminate complaints about
kids using areas that shouldn't be used for this purpose on weekends.
LARPD is trying to provide something like this away from the central
core of Livermore and without spending excess taxpayer money and he
feels they should be commended. They have asked about using property
in the area of the airport and the City indicated that they do not
want valuable industrial land to be used for this purpose and also
because some of the areas would be unsafe for this use.
Cm Tirsell stated that LARPD is one of the most innovative agencies
in Livermore and make do with very little and are very flexible and
wondered if some other alternative can be suggested since this proper-
ty appears to be unsatisfactory for this use. She suggested that the
City look around for property LARPD might be able to use because there
really is a need to get the kids out in areas that are not disruptive
to neighborhoods.
MOTION PASSED BY UNANIMOUS VOTE.
RESOLUTION NO. 37-75
A RESOLUTION AWARDING BID
(Vargas Bros.)
P. C. REPORT RE APP.
FOR CUP - PEOPLE'S CHURCH
The Planning Commission reported that the application of the People's
Church for a Conditional Use Permit to allow construction and use
of a church on a site located on the east side of Bluebell. The
Planning Commission unanimously voted in favor of approving the
application based on findings and subject to conditions mentioned
in their report to the City Council.
ON MOTION OF CM MILLER, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE
THE CUP APPLICATION WAS APPROVED, AS RECOMMENDED BY THE PLANNING
COMMISSION.
RESOLUTION NO. 38-75
RESOLUTION GRANTING CONDITIONAL USE
PERMIT TO PEOPLE'S CHURCH.
REPORT RE AIRPORT MANAGE-
MENT & GROSS RECEIPTS
CERTIFICATION REQUEST
l
The City Manager reported on a meeting held between the Airport
Advisory Committee, City staff, and fixed base operator and each of
the sub-tenants of the airport to discuss airport management, its
services and the method of reporting lessee's gross receipts. The
current lease requires an amount equal to 1% of the gross receipts
of all business operations and a certified accounting statement is
required. The cost of the certification in some instances is
CM-29-267
February 18, 1975
(Report re Airport Management
& Gross Receipts Certification Request)
excessively high and greater than the payment due. Historically it
has been found that the lessee does not comply with this requirement
and it is recommended that the City allow the filing of a federal
and/or state tax statement by the lessee and sub-tenants which would
show the business activities of the enterprise, accompanied by an
accountant's statement that the tabulation represents a valid reporting
of the subject business volumes. It is recommended that the City
Council authorize preparation of a modification to the FBO lease
conforming to this provision.
I
J
Cm Miller suggested that perhaps a compromise to a request for a
yearly CPA certification would be a requirement for a certification
every five years.
Mr. Parness stated that this could be a consideration but would
rather allow the tax statements and approval by an accountant
on a trial basis and then if the Council feels this is not suffici-
ent another alternative may be instituted.
Cm Futch stated that he would be willing to give this a try AND
SO MOVED, SECONDED BY TURNER AND PASSED BY UNANIMOUS VOTE.
David Madis, fixed base operator, stated that some of the sub-
tenants made adverse statements against the City that were publicized
and would like to state, for the record, that in his opinion those
criticisms of the City of Livermore were "grossly unfair to the
City" and did not reflect the past history and that the City was
diligent in pursuing their public trust to the citizens of Livermore
and that City officials were very fair and criticisms were overstated
and did not reflect what was fairly and honestly derived at through
negotiation with the City.
REPORT RE WALL STREET
PROPERTY PURCHASE
The City Manager reported that owners of a small parcel of property
on Wall Street, adjacent to Pioneer Memorial Park, have offered to
sell this holding to the City and this item was discussed during a
joint meeting with the LARPD Board. The owners have requested a
formal response from the City and due to financial limitations and
other priorities it is recommended that acquisition of this property
be denied.
Mayor Pritchard stated that, historically, he has always been in
favor of acquiring more property for the City of Livermore and
would not want to see more residential development take place
on this property and it appears that this would add to the park;
however, he was not present during the discussion with LARPD and
was not able to hear the pros and cons.
Cm Miller stated that the price is relatively high and LARPD would
have a difficult time finding a use for it and this was some of
the tenor of the discussion.
CM MILLER MOVED TO DIRECT THE STAFF TO SEND A LETTER TO THE PROPERTY
OWNER REGRETFULLY DECLINING ACQUISITION, SECONDED BY CM TURNER AND
PASSED UNANIMOUSLY.
J
DISCUSSION RE
COUNCIL POLICY
Cm Tirsell stated that there should be some change on Page 5 of the
Council Policy with respect to election and duties because there is
not an election every year.
CM-29-268
February 18, 1975
(Discussion re Council
Policy)
The City Clerk suggested that the first paragraph read as it now
stands with the following insert: In addition, the Council shall
reorganize the second Monday in March in each non-election year.
The Council concurred with this wording.
L/
Cm Miller suggested simplified wording for Item 6 on Page 2:
No later than the Wednesday preceding the Council meetings,
deliver a copy of the Agenda and complete folder to each Council-
member, the Mayor, the City Attorney, and to the library. The
news media, which has on file in the office of the City Clerk a
request therefor, may also obtain an Agenda folder at the City
Clerk's office.
Page 10 regarding Time Limit, Longer presentations should be
in writing was changed to must be in writing and should be
summarized in five minutes~
Page 13, Q. 1. second
shall be prepared for
by a majority vote of
City Manager, ...etc.
line (middle) should read: No ordinance
presentation to the Council unless ordered
the Council, two Council members or the
(or requested by the Mayor was deleted).
CM TIRSELL MOVED TO ADOPT THE CITY COUNCIL POLICY. AS CORRECTED,
SECONDED BY CM MILLER AND PASSED BY UNANIMOUS VOTE.
RESOLUTION NO. 39-75
ADOPTION OF COUNCIL POLICY RE
MEETINGS AND PROCEDURES
INTRO. OF ORD RE
INDUSTRIAL AREAS
ON MOTION OF CM TIRSELL, SECONDED BY CM MILLER AND BY A 3-2 VOTE,
(Cm Pritchard and Turner dissenting) THE AMENDMENTS OF ZONING
ORDINANCE 442, AS RELATED TO INDUSTRIAL AREAS, WAS INTRODUCED
AND READ BY TITLE ONLY.
Prior to the motion Cm Turner stated that this ordinance will
be creating a zone for which development of this standard will
never take place, according to representatives, and is for 75-80%
of the 1-3 Zone. He stated that he feels it is a mistake to zone
such where it will never be used. According to Mr. Musso the
Planning Commission was not aware of the fact that it will not
be developed when they made their recommendation. Last of all,
the Industrial Committee of the City of Livermore was not con-
sulted about this item and in his opinion they would have had
good input. He suggested that this item be referred back to
the Planning Commission based on the points he has mentioned.
Cm Futch and Tirsell commented that they cannot believe the
Planning Commission was not aware of all of this information
and they did have a public hearing for receiving testimony and
feels referral back to them is unnecessary.
Cm Turner stated that this is what he has been told and Mr.
Musso commented that the Industrial Committee was notified and
they chose not to respond.
l
Mr. Musso explained that the Planning commission did not discuss
the item in the context that S.P. owns most of the land and does
not plan to develop and Cm Turner stated that in his opinion this
is important information and the matter should be referred.
Cm Tirsell stated that it is not true that only a certain limited
amount of land will be zoned 1-3 and that all of the 1-3 has been
used for these two parcels. Each parcel, as it is reviewed, is
given a zoning and criteria has been established for 1-3 which
this property meets and she happens to agree with the criteria.
CM-29-269
February 18, 1975
(Introduction of Ordinance re
Industrial Areas)
Cm Tirsell stated that she also agrees with the criteria the
Planning Commission set up for 1-2 which is near the freeway
and not adjacent to residential. The criteria for I-I has been
established because this will be used for property which abuts
residential property and logical reasons have been used for estab-
lishing the various zones. She stated that when Research Drive
was reviewed the owner was not consulted as to what he would like
to develop in that area but rather there was consideration as to
what compatible uses would be for the existing area.
J
Discussion followed concerning this area as well as the various
zones and Cm Miller stated it was his understanding when the
three zones were being reviewed that they were to be used for
heavy industrial purposes and now 1-3 has been transformed into
Mr. Hutka's development which means that 1-3 is now to be used
for small, non-heavy development, and he opposes this. He stated
that he felt our industrial standards were adequate. His argument
is that 1-3 should be used for the large parcels of land and the
reason he felt the S.P. property should be zoned 1-3.
INTRO. OF ORD. AMEND.
REZONING CONCANNON
& CORDOBA STREET
ON MOTION OF CM MILLER, SECONDED BY CM TIRSELL AND BY 4-1 VOTE
(Cm Turner dissenting) THE ORDINANCE AMENDMENT REZONING THE COR-
NER OF CONCANNON BOULEVARD AND CORDOBA STREET WAS INTRODUCED
AND READ BY TITLE ONLY.
REPORT RE LIVERMORE AIR
POLLUTION STUDY SUPPLEMENT
Cm Turner stated that even though the Air Pollution Study Report
speaks to the whole valley there has not been a response on the
report from Pleasanton, VCSD, or the County Board of Supervisors,
to his knowledge and when Dr. Higgins spoke to the Council about
the report he indicated that it would be possible to interpret
the report as a no growth matter and would furnish the Council
with an addendum to show that this is not true. Cm Turner added
that the supplement to the Council is not really an addendum to
the report, as such and Mr. Higgins has indicated that there are
really no conclusions in the supplement. Cm Turner stated that
he would disagree there are no conclusions in the report and in
his opinion the conclusion is that further development in the
valley should not be allowed. Cm Turner read portions of the
report which indicate that the committee assumes air pollution
is due to local sources and that at the end of the report it
states that the committee does not espouse any view about growth
or no growth which Cm Turner feels is in conflict with the con-
clusions of the report. The report states that "without some
action it does not appear that federal standards can be met
unless all future growth is prohibited". Cm Turner stated
that those who accept the report at face value are, in a
sense, giving lip service to the points of promoting low cost
housing, industrial and commercial development and a positive
solution to the City and valley needs. He felt the effective
way to deal with the report would be to take the facts and
develop an economically feasible solution to our air quality
deficiencies. The report offers only one possible solution -
no growth and Cm Turner stated he feels we can do better than
that and can comprehend the long range needs of the valley and
residents and that the children may wish to live here during
their adult years and would suggest that we undertake an ambitious
"
J
CM-29-270
February 18, 1975
~.
(Report re Livermore Air
Pollution Study Supplement)
valley wide goal to solve the problem. He would suggest that the
goal be to provide employment, housing, shopping, transportation,
and educational opportunities for every qualified resident of the
valley and would also suggest that a Goals Committee be established
for outlining ways these things could be accomplished.
Cm Miller stated that Cm Turner has stated he feels the report
to be as strong conclusion for no growth and Cm Miller reads the
report as having "if" statements about a no growth stand as well
as two suggested alternates. The "if II statements were that 1) if
things do not change from the usage of cars, then there can be no
more growth in the valley or the probability is very high that we
will never meet the federal air quality standards; 2) if there is
a change in the transportation and 1/3 of the trips are taken on
public transportation then growth will be allowed to about the 1%
level. These are two alternates - one no growth and the other
limited growth which Cm Turner is ignoring. Cm Miller stated that
the conclusion is that if things continue the way they are it is
likely we will not meet the federal air quality standards but there
are things that can change so that the conclusion may not hold and
these things were also listed and it seems that Cm Turner is not
taking into account those other things which would, if come to pass,
would allow growth in the valley.
Cm Turner stated that he would like to respond by saying that it
is clear that the point of the report and the overriding factor
is a no growth stand.
Cm Miller also pointed out that the other point which bothered
Cm Turner is that the report was based on assumptions and Cm Miller
stated that everything was clearly labeled for what it was and were
assumptions based on what the committee could ascertain from the
data available to them. Many of the things mentioned cannot be
based on known facts and most of the decisions made in life are
not dependent upon everything known exactly. They have made
assumptions so that if one disagrees with them you can recalculate
with something different and they clearly laid out the assumptions.
Cm Miller read the portion that troubles Cm Turner: "without some
action it does not appear that federal standards can be met unless
all future growth is prohibited". Cm Miller stated that this was
underlined because it did suggest that there were other actions
that could take place, i.e., reduce the number of miles per person,
reduce the number of miles per vehicle, replace current engines with
cleaner types of engines. There are several ways that some of the
above can be achieved and some of the actions that can be taken
and if this is done growth could be allowed.
Cm Turner stated no alternatives are laid out other than no growth
and Cm Miller retorted that growth can be allowed if 1/3 of the
people go to public transportation, which they pointed out.
Cm Turner asked how this can be done and Cm Miller emphasized
that this is the problem'
l
Cm Miller then stated that it was not the committee's charge to
look for goals to solve the problems of employment, housing, etc.
and feels it is unfair to impute this to them and Cm Turner stated
that their charge was also not to draw conclusions and Cm Miller
stated that he would disagree that conclusions were made. Cm
Miller then stated that the concept of employment, etc. has no
necessary connection to the air quality. Cm Miller stated that he
cannot understand why Cm Turner is so upset about the conclusion
because if action is not taken it is concluded that growth
should not take place and this same stand has been mentioned
in the A. D. Little report, implied by the MTC Transportation
Study for the value about the air quality effect. The point
is, all of the reports lead to the conclusion that if things
continue as they are, we will never reach the federal air quality
standards unless growth is prohibited, without other alternatives.
CM-29-27l
February 18, 1975
(Report re Livermore Air
Pollution Study Supplement)
It is true that developers, the Chamber of Commerce, and the Herald
and News editorial writers do not like this conclusion but the fact
of the matter is that this is what independent studies show for
the valley.
Cm Futch stated that with respect to other agencies not respond- J
ing he would like to point that the report was a technical report
and the VCSD, etc. would not necessarily respond to technicalities.
Cm Tirsell stated that she feels this is a ridiculous discussion
because if Cm Turner wishes to disagree it is his prerogative
but would like to point out that the first page of the Livermore
General Plan, there is a half a page of assumptions, and all state-
ments have assumptions so that the whole world will not have to
be studied.
Cm Miller stated that unless something is written about mathematics,
technical reports are not tied down to something locked in and there
are unknowns that affect the results, and there are margins of error.
Calculations were based on the most probable evidence they had before
them and was the whole point of the report.
Cm Turner admitted that Cm Miller made some good points, but in
spite of those comments, he still reads the report as a "no
growth" statement.
Cm Futch remarked that Cm Turner had a different viewpoint because
of the company he worked for, and Cm Turner denied the implication.
Cm Miller stated his thinking was due to his background and train-
ing, and he, too, felt that Cm Turner's viewpoint came about due
to his background and training.
CITY MANAGER'S WEEKLY REPORT
Mr. Parness stated a decision must be made regarding the site for
Fire Station #4, and he added this was a part of the negotiations
now underway with Mr. Mehran. Mr. Parness pointed to the various
locations being considered for the site and he asked for the Coun-
cil's permission to formally refer these sites to the Planning
Commission, which is required by law, for their report back to
the City Council.
Cm Tirsell indicated that she would like to have the lot now
being used by Sunset Corporation as a corporation yard also con-
sidered as one of the sites. CM TIRSELL MOVED THAT THE THREE SITES
BE REFERRED TO THE PLANNING COMMISSION FOR THEIR CONSIDERATION AND
REPORT - THE CORNER LOT, THE ONE ADJACENT TO THE CORPORATION YARD
AND THE ONE ADJACENT TO THE HOME; MOTION WAS SECONDED BY CM TURNER
AND APPROVED UNANIMOUSLY.
ADJOURNMENT
There being no further business to come before the Council, the
meeting was adjourned at 11:15
APPROVE
~
ATTEST
CM-29-272
Regular Meeting of February 24, 1975
A regular meeting of the City Council of the City of l~ivermore
was held on February 24, 1975, in the Municipal Court Chambers,
39 South Livermore Avenue. ~he meeting was called to order at
8:07 p.m. with Mayor Pritchard presiding.
/---'"
ROLL CALL
~/
Present: Cm Turner, Miller, Futch, Tirsell and Mayor Pritchard
Absent:
None
INTRODUCTION OF BOY
SCOUTS TAKING PART
IN COUNCIL MEETING
Mayor Pritchard, the other Councilmembers and staff introduced
the following Boy Scouts acting as counterparts for the Council-
members and staff in observance of Scout Government Week:
David Scheloske, for Mayor Pritchard
Justin Fullmer for Councilmernber Futch
Jeff Cofer for Councilmember Miller
Jeff Lee for Councilmember Tirsell
Chris Dittmore for Councilmernber Turner
John Humphrey for City Hanager Parness
Brad Lowe for City Attorney Logan
John Field for Director of Public Works Director Lee
David Harms for Director of Planning Musso
Eugene Hale, Jr., for Fire Chief Baird
Andrew Turnbull for Police Chief Lindgren
Glen Inouye for Chief Building Inspector Street
Scott Sessions for City Clerk Hock
Santo Guido for Assistant to the City Manager Bradley
PLEDGE OF ALLEGIANCE
David Sche10ske led the members of the Council and those in the
audience, in the Pledge of Allegiance.
lHNUTES
February 10, 1975
Page 251, first paragraph, last two lines should read: two
different things and that the Council did not mean that if VMH
had more doctors on the staff, it would affect the hospital move
issue.
P. 254, typo after Randy Schlientz.
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P. 254, sixth paragraph, last line should read: front and back
but we would not require both improvements.
Page 258, last paragraph under Industrial Inquiries: Add another
sentence after the vmrd "overbearing", as follows: The Council
requested that ~lr. Parness phone the potential applicant to offer
information.
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE lCm Futch abstaining due to absence at that meeting) THE
MINUTES FOR THE MEETING OF FEBRUARY 10, 1975, WERE APPROVED,
AS CORRECTED.
CM-29-273
February 24, 1975
CONSENT CALENDAR
P. C. Minutes
Minutes for the Planning Commission meeting of January 28, were
submitted to the City Council.
Res. Rejecting Claim
The Council adopted a resolution rejecting the claim of Acord
Investors for damages allegedly arising from the City's eminent
domain action against Acord Investors.
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RESOLUTION NO. 40-75
A RESOLUTION REJECTING THE CLAIM OF ACORD
INVESTORS
Progress Report
re General Plan
Grunwald Crawford Associates submitted Progress Report No. 4 on
the Livermore General Plan program.
Certification
of Census
Notice was received from the State Department of Finance, of
certification to the Controller that the estimated population
for the City of Livermore on November 6, 1974, was 48,349.
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM FUTCH, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE, THE CONSENT CALENDAR WAS APPROVED.
MATTERS INITIATED
BY THE STAFF
(Introduction of
Scout Executive)
Don Bradley introduced the Scout executive, Mr. Ray Sutliff,
attending the meeting with the Scouts this evening.
(LAFCO Sphere of
Influence Hearing)
Mr. Musso reminded the Council of the Sphere of Influence
Hearing by LAFCO to be held Thursday, and it was noted that
the Council would hold an executive session after the meeting
to discuss this item.
(P. C. Interviews)
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The City Clerk noted that the final filing date for Planning
Commission applications has passed and asked when the Council
would like to interview applicants.
The Council agreed to meet next week prior to the Council
meeting to interview applicants.
CM-29-274
February 24, 1975
(Legislative Item)
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Mr. Parness stated that a legislative item will be heard, inital1y,
this week and is probably the most potentially disastrous piece
of legislation that will come before the Legislature this year,
with respect to local government. He stated the bill is SB 275
of the Labor Relations bill offered by Senator Dills. Unless
amendments are made on controversial aspects of the bill he would
urge the Council to allow the City to forward our opposition to
this measure. The League has already taken a position of opposing
the bill.
ON MOTION OF CM MILLER, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE THE CITY MANAGER WAS DIRECTED TO SEND A LETTER OPPOSING THE
BILL TO THE APPROPRIATE PEOPLE.
It was mentioned that the Mayor should sign communications opposing
such measures.
(Weekly Reports)
Cm Turner stated that in the weekly progress report he would
like a brief statement as to whether the City is on schedule or
behind schedule if a major variance is involved and Mr. Lee stated
that he would try to incorporate this and at least once a month
a work progress chart will be provided.
(re AB 280)
Cm Turner commented that he is somewhat concerned about AB 280
with respect to the BAAPCD and setting up Board members. There
are to be 9 appointments and 13 elected and any mayor or councilmem-
bers are to be excluded from the governing body. This would mean
that there is a possibility there would be no representation from
Livermore and seems improper.
Cm Miller noted that he just read a notice which indicates the
bill has been dropped from the Committee.
(re AB 378)
Cm Futch stated that he feels the City of Livermore should support
AB 378 concerning public path and trails grants AND SO MOVED AND
ADDED THAT THE STAFF BE DIRECTED TO SEND A LETTER OF SUPPORT,
SECONDED BY CM MILLER AND PASSED BY UNANIMOUS VOTE.
(Nat. League's Energy
Conservation Booklet)
c
Cm Futch stated in reading the energy conservation booklet from
the National League, he feels the portion concerning EIR's and
the suggestion that they contain a section on energy impact analysis
is very important and appropriate in light of the problems facing
our Country today. He suggested that the City Manager look into
this matter and report back to the Council and Mr. Parness stated
that he would be happy to do this.
Mr. Musso stated that he thought there was already something about
this in the guidelines and they have been directed by the Planning
Commission to include this.
CM FUTCH MOVED TO REFER THIS ITEM TO THE PLANNING COMMISSION,
SECONDED BY CM TURNER AND PASSED BY UNANIMOUS VOTE.
CM-29-275
February 24, 1975
(OGO Pads)
Cm Tirse1l stated that bicyclists have phoned her to report
that it appears some of the OGO pads which have been poured
are either on the bike path or possibly only one foot away from
the bike paths and asked that the staff check into this matter.
Mr. Musso stated that a request for the staff to check the pads
was received today at 5:00 p.m. in the Planning Department and
they have not had the opportunity to check the pads but will be
making a check. He stated that it is foundations they are pre-
paring and Cm Futch stated that if it is foundations the staff
should waste no time in making a check.
)
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(EIR Committee)
Mayor Pritchard stated that with the Council's permission he
would like to appoint Cm Miller and Futch to meet with the staff
tomorrow regarding the LAFCO EIR hearing on Thursday so that we
will have something in writing and to have everything ready to go.
Mr. Parness stated it is his understanding that the developers
are to give testimony at 3:00 p.m. and it might be advantageous
tor someone from the Council to be present during the time the
developers speak and LAFCO has indicated that they would hope
that most of our presentation would be in response to the presen-
tation by the developers.
(Personnel Session)
Mayor Pritchard stated that he would like to adjourn the meeting
this evening to a Friday personnel session at his office on East
Avenue.
COMMUNICATION RE
UNEMPLOYMENT OFFICE
A letter was received from Mrs. K. W. Smith of Pleasanton, urging
that some type of unemployment office be located in Livermore be-
cause of the inconvenience of having to go to Hayward and stand
in line with small children. She stated that when one is out of
work they cannot afford to hire a babysitter and must take child-
ren with them.
Mr.Parness indicated that he had responded to Mrs. Smith's letter
and what the City plans to do about getting an office in the
valley and Cm Miller suggested that Mrs. Smith be asked to con-
tact the Pleasanton Council and ask them to help.
REPORT RE REQUEST FOR
CAB RATE INCREASE
A request has been received for a taxi cab rate increase for
Tri-Valley Cab. The staff indicated that there is justification
for the requested increase because of the company's financial loss
and rates charged in surrounding communities but rather than allow-
ing 70~ for the first 1/7 mile or fraction thereof with 10~ for each
additional 1/6 mile or fraction thereof (they requested 70~ for the i
first 1/6 mile or fraction thereof); 10~ for each one minute of wait- ~
ing time or fraction thereof ($6.00/hr); with no charge for extra
passengers.
It was noted that one letter was received from Gene Stiles of Pleasan-
ton asking that the increase be denied, and it was explained that at
present the cab service does not service Pleasanton and would not
affect their rates.
CM-29-276
February 24, 1975
(Taxi Cab Rate Increase)
Cm Miller stated that he has done some calculations using the new
proposed fee schedule and feels the charge is excessive for people
without transportation and particularly if they must travel from
the Springtown area.
L:
Cm Futch stated that he can sympathize with what Cm Miller has said
but in looking at the list of rates used in other cities in the area
Livermore is the lowest and the company is losing money and would like
to know what alternative could be suggested.
Cm Miller stated that instead of giving a IO% discount rate for the
Springtown people he would like to suggest that a larger discount
be given to people who use the cab on a regular basis.
Cm Tirsell stated that she also was concerned about people in the
Springtown area and those on fixed incomes who rely on the cab for
transportation and would like to see some alternative for these
people and perhaps something could be done to allow them a free
ride after so many rides have been paid for or something of this
nature, rather than the lOt discount.
CM TURNER MOVED TO DIRECT THE STAFF TO PREPARE AN ORDINANCE AMENDMENT
TO REFLECT THE COUNCIL DECISION TO ALLOW THE INCREASE. He stated that
this is the motion but would also like the staff to speak with the
owner about some alternative for Springtown people and regular users
of the cab service. MOTION WAS SECONDED BY CM FUTCH.
Mayor Pritchard stated that the City of Antioch or Pittsburgh has a
special system they are using for their senior citizens and asked if
the City Manager would be able to get a copy of what they are doing,
as maybe something like this could be used by Livermore until our
transportation system gets going. He then asked what the City of
Merced is doing and Mr. Parness stated that they have a dial-a-bus
system and there is no more taxi cab service. The rate is 50~ for
anywhere in town for anybody.
The Mayor mentioned that as of today there are five people in Liver-
more who are eligible for the state Meals Program in Pleasanton and
are without transportation and Mr. Bradley noted that there is a bus
service from Livermore to Pleasanton for health care services, etc.,
and they can get to the convalescent hospital for these meals each
day. Mayor Pritchard stated that if the Council has no objection
he would like to give Mr. Bradley the name of the person who called
him and see if Mr. Bradley can get something worked out so that the
people in need of the service can continue to receive it.
Cm Miller stated that there was nothing mentioned in the motion
about amending the 10% discount for Springtown people and the time
to make a change is now rather than after the ordinance is passed.
CM MILLER MOVED TO AMEND THE MOTION TO STATE THAT THE ORDINANCE BE
PREPARED WITH SOME ALTERNATIVES FOR SPRINGTOWN RESIDENTS, AFTER DIS-
CUSSION WITH THE CAB COMPANY.
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The City Attorney stated that to effect a differential is to have
some reasonable justification for it, and this can probably be
created. He added that he believes some cities have based a
differential on age.
Cm Turner stated that he feels the Council is getting into a
dilemma because there are many people in the City in need of
transportation and though it is true many of the senior citizens
may need the discount while others may not and the same is true
of people in the City who are not senior citizens.
Cm Miller stated that he was also thinking of the Greenville
North people and that everyone in that area should qualify for
a discount because of distance rather than age.
CM-29-277
February 24, 1975
(Taxi Cab Rates)
The City Attorney explained that it should be realized a public
subsidy should not be created unless the City wants to pay for
it, because the City is dealing with a private company. The
City can justify discounts for reasons which make it less expen-
sive for the company to operate the cabs over a long distance
as opposed to a shorter, stop and go, distance. For reasons
other than this the City might find itself in great difficulty
of justifying it unless the City is willing to subsidize, in
cash, the operation.
-.J
Mr. David Rezendes, stated that his company chose to provide a
10% discount for the senior citizens for the simple fact that
a great many of the senior citizens live in the downtown area
and they hope that this would be fair to everyone involved. Also,
most of the fares are less than $1.00 and they feel it would be a
financial disaster to have to drive to the Springtown area and
give the whole area a discount because many of the people in that
area can afford the service.
CM MILLER MOVED TO AMEND THE MOTION TO DIRECT THE STAFF TO WORK
OUT SOMETHING SATISFACTORY, LEGALLY AND OTHERWISE, FOR TRI-VALLEY
CAB, WITH A REPORT BACK TO THE COUNCIL PRIOR TO FORMULATION OF A
REVISED ORDINANCE.
The City Attorney commented that Mr. Rezendes has asked that there
be other changes in the ordinance such as the number of cabs allowed
to stop at one location at the same time and if the Council has no
objection these changes can be included in the revised ordinance.
MAYOR PRITCHARD SECONDED THE AMENDMENT. Mayor Pritchard added
that the amendment does not hold up preparation of the ordinance.
AMENDMENT PASSED BY UNANIMOUS VOTE.
MAIN MOTION PASSED UNANIMOUSLY.
REPORT RE FUTURE PROGRAMS
AND FACILITIES - LIBRARY
A report was received from Arthur L. Henry, Chairman for the Board
of Trustees for the Livermore Library with respect to the need
for professional advice on the development of future programs and
facilities for the Livermore Library. The staff has recommended
that the Council adopt a motion authorizing the staff to prepare
an agreement providing for the consultant services, as proposed.
ON MOTION OF CM FUTCH, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE THE COUNCIL ADOPTED A MOTION TO DIRECT THE STAFF TO PREPARE
THE AGREEMENT FOR CONSULTANT SERVICES.
Prior to the motion Cm Turner noted that Robert S. Meyer & Assoc.
have been suggested as the consultants and he wondered if this
had gone to competitive bidding and was told that it had not but
that it is felt there are no other consultants in this area with
the qualifications of this firm and the reason they were selected
to do the consulting services.
SEWER CONNECTION -
OAKLAND SCAVENGER
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Oakland Scavenger has requested that they be allowed connection
to the City sewer in the area of South front road and Waxlax Way
which Mr. Musso illustrated on a map. The company would like to
have a corporation yard and later add an office. Essentially it
would be to develop the middle portion of the land with development
to take place in the front and rear at a later date.
CM-29-278
February 24, 1975
(Sewer Connection for
Oakland Scavenger Co.)
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Mr. Musso stated that the sewer connection agreement is a standard
sewer connection agreement with attachments and one attachment is
the Planning Department review and the plan, as submitted, is in
conformance with most of the City regulations. There are, however,
two issues that must be addressed and those are: I) whether or not
Waxlax Way should be a future street with the developer improving
his portion; and 2) whether or not Naylor Avenue should be improved.
Mayor Pritchard wondered if a decision must be made tonight and Mr.
Parness stated that the Council decision would be inserted in the
sewer connection agreement if improvements are to be required.
There was discussion concerning the future of Preston Road and
whether or not it would become a City street and should be improved.
The staff is requiring that the frontage along Southfront Road be
improved immediately because it is the major access point; however,
they do not intend to improve Waxlax at this time because there
would be no access from that direction. The City would require
bonding for it and could require it within a specified length of
time. II
~~ Jb. ef! l1Jtu?~,/.
Cm Futch ~~iO~c eaR aee R& reason for delaying improvements
for Waxlax Way this is not the City's normal pOlicy?aaa Mr.
Lee stated that there is no justification for a delay other than
the fact that there is a substantial cost for the frontage road.
improvements and there will not be access from Waxlax Way.
CM TURNER NOTED THAT IF THIS IS A PLANNING COMMISSION MATTER AND
THERE WOULD NOT BE UNDUE DELAY HE WOULD MOVE THAT THE MATTER BE
REFERRED TO THE PLANNING COMMISSION FOR THEIR CONSIDERATION, SECON-
DED BY CM TIRSELL.
Cm Tirsell stated that she is concerned about changing standards
for industrial areas and if Preston is going to be an industrial
street the Planning Commission should look at Waxlax and determine
if this is going to be a bisecting north and south street all the
way through.
Randy Schlientz of Associated Professions, stated that one thing
brought out which is very crucial is the fact that Waxlax
is a private road and does make it different than Preston or
the frontage road. He then gave history concerning development
proposals and noted that the City indicated there would
be no requirement for a road on Waxlax Way. The County said that
Waxlax was not a dedicated road and no improvements would be required
on that frontage and based on this information Oakland Scavenger
proceeded with acquisition of the site. Unfortunately Oakland Scaven-
ger was not able to develop at the time they acquired the property
and the sewer connection agreement with the City was the first indica-
tion of improvements for Waxlax Way. This was a surprise to them
and if this is to be a requirement the owner may decide not to build
on this site, and they would appreciate postponement of the matter.
Mayor Pritchard explained the motion and indicated that this would
result in a delay.
CM-29-279
February 24, 1975
(Sewer Connection -
Oakland Scavenger)
Cm Miller noted that the agreement does say that improvements
for Waxlax Way would be delayed until such time as the adjacent
property is developed and Mr. Schlientz stated that he understands
this but in addition there would be a requirement for dedication
of a 36 ft. strip the length of the property, with improvements,
and this would be a sizeable amount of land and money - neither of
which the owner intended to dedicate or spend.
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CM TURNER CALLED FOR THE QUESTION AND MOTION PASSED UNANIMOUSLY.
RECESS
A brief recess was called after which the Council meeting resumed
with all members of the Council present.
REPORT RE SEWER CONN.
AGREE. - ROLLINS PROPERTY
The Planning Director reported that an application for sewer line
and connection to the City sewer has been filed by Mr. and Mrs.
G. Rollins for property located on the west side of Arroyo at
the intersection of Arroyo Road and Concannon Boulevard. The
property consists of approximately five acres and the problem
is the requirement of a dedication of 60 ft. on one frontage and
47 ft. on the other. Also the City would normally require instal-
lation of curbs, gutters and sidewalks as well as a backing lot
wall and the cost for these improvements would be prohibitive to
a single residence. The County is not allowing septic tanks and
this means that they will have to connect to the City sewers if
they wish to develop.
There was discussion as to how the problem of the cost for the
improvements might be handled and Mr. Parness stated that the
Council might consider apportioning the improvement costs as
if the dwelling unit were a singular one, against all the others
containable within the area, so that the Rollins would be asked
to dedicate the widening requirements for the street improvements
but they would not have to be installed now. The Rollins could
be asked to pay an amount proportionate to what a single lot out
of the five acres would pay if it were abutting one of the streets.
The money could be held until other properties eventually come in
and at which time the improvements could be installed. It was
noted that there would be allowed 1.5 d.u./acre and would mean
approximately $lO,OOO for the improvements for the Rollins in
addition to dedication of the land.
Mr. Lee stated that it would also be important that the City have
a "no access" strip along the frontages and initially there would
have to be at least one access, probably onto Concannon Boulevard.
There could be a provision to state that in the event adjacent
properties develop and an alternate access is allowed into the
property, the no access could be closed.
Mayor Pritchard stated as he recalls there is a sharp dip in
that area and wondered who would be responsible for filling it
in and Mr. Lee explained that at present it would remain as it
is but ultimately when the property develops the owners would )
be required to put in all the improvements. The access may have ~
to be through the interim access allowed by the City but it is
likely property along Lomitas will develop and the City would
require access from Lomitas into the property. Mr. Lee mentioned
that from a traffic standpoint, access at the west end of the prop-
erty along Concannon would be advisable.
CM-29-280
February 24, 1975
(Rollins Property)
There was discusson concerning access and Mayor Pritchard stated
that there is no reason to discuss this at this time because it
will have to be considered at the time approval is given for the
sewer connection.
~/
Cm Futch stated that this whole item should be considered very
carefully because it seems to involve Council policy which may
apply to other properties as they develop.
Cm Tirsell stated that the majority of the people between Lomitas
and Concannon wish to retain a rural atmosphere and be allowed to
have horses, etc. and she would not want to encourage development
in that area even though an excessive amount of money is involved.
If it is assumed that seven residences could develop it may be a
wrong assumption and if the money for public works is to be divided
among the number of dwellings possible it may mean that they would
have to subdivide in order for the City to get the public works
improvements required.
Cm Miller noted that if subdivision does not take place the public
works improvements would come from public funds and Cm Tirsell
stated that this is the point and she isn't about to allow that
to happen.
Cm Tirsell wondered if the agreement could state that if the
County subdivides the property, in any manner, the total amount
($86,000) would have to go to the City and the City Manager stated
that this could be so stated without any problem.
Cm Turner stated that many good points have been brought up in this
discussion and would suggest that the staff work with the Rollins
family and try to come up with an agreement that would be acceptable
both to the City and the Rollins family.
Mrs. Rollins stated that she purchased the property so that her
children could have horses and does not want further development
on her property at this time or in the future and also she is not
interested in putting sidewalks and the public works improvements
required on this land because she desires the rural appearance of
the area without sidewalks or any subdivision.
Mayor Pritchard explained that what the Council has proposed is
that the total amount of public works costs would be divided by
the number of dwelling units possible for the property and the
City would charge the Rollins family the amount one dwelling unit
would pay. In the event development ever does take place the other
units would pay their share but it does not mean that development
would be forced. Nothing else would be paid if development does
not occur.
CM TURNER MOVED THAT THIS ITEM BE REFERRED BACK TO THE STAFF AND
ASK THAT THEY COME BACK WITH A RECOMMENDATION AND ALSO THAT THEY
TALK WITH MRS. ROLLINS PRIOR TO MAKING A RECOMMENDATION, SECONDED
BY CM TIRSELL AND PASSED BY UNANIMOUS VOTE.
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Prior to the motion Mayor Pritchard asked if Mrs. Rollins had
been informed at the time she purchased the property that an
easement on both frontages would have to be dedicated for possible
street widening and she indicated she was not told and was not aware
of this.
CM-29-28l
February 24, 1975
REPORT RE EAST AVE.
FUTURE WIDTH LINES
The Director of Public Works reported that the City and County,
an a cooperative agreement, are presently determining the align-
ment and cross section for East Avenue from Madison Avenue to
Greenville Road and proper street dimensions must be decided
upon at this time so the design may proceed.
Mayor Pritchard stated that before discussion takes place he
would like to comment that: I) this seems to be an item the
Planning Commission should have reviewed; 2) this appears to
be a little late if OGO is already pouring foundations; and
3) the Council has been asked to adopt a resolution this even-
ing which the Council has not seen.
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Mr. Lee stated that first of all a resolution is not necessary
in this instance and the matter is in the study stage with no
decisions having been made. He would like the Council to express
views and send them to the County Public Works staff by way of
a letter. with respect to OGO, it has always been anticipated
that there would be 104 ft. width to accommodate four lanes and
now it appears that the County has suggested five lanes and a
width line of 120 ft. and that is the reason there is a problem
in the OGO area and it would be difficult to allow the additional
rigbt-of-way. Mr. Lee stated that he is hopeful the City can con-
vince the County to go along with our standards. Mr. Lee stated
that right now the City is planning to use the emergency lanes for
bike lanes and if there is a car parked in the emergency lane there
should still be room for a bike to pass with no problem. He pointed
out that if one looks at Murrieta Boulevard, there is very seldom
the need for emergency parking and the same holds true for portola
Avenue.
CM TIRSELL MOVED THAT THE COUNCIL ADOPT THE STAFF REPORT FOR TRANS-
MITTAL TO THE COUNTY, SECONDED BY CM MILLER, RECOMMENDING THE STAN-
DARD 104 FT. WIDTH, WITH PLANS FOR A BIKE LANE ON BOTH SIDES.
Mayor Pritchard wondered if the recommendation would require the
adoption of an ordinance and Mr. Lee explained that it would not
because the standards for East Avenue are in the formulative stage.
We are going to have to come to an agreement, ultimately, and hope-
fully they will agree to the 104 ft.
Cm Turner asked if the plans include a left hand turn into Charlotte
and Mr. Lee stated that there will be a left hand turn into this
street for east bound traffic.
Mayor Pritchard pointed out that the City has gotten into a hassle
with the County over street widening on Arroyo Road and there have
been problems because of our bike and equestrian trails and if we
say 104 ft. is satisfactory there may be problems in the future.
Mr. Lee explained that additional easement will be provided for
a bikeway and trailway system on the south side and the Council
felt this should be spelled out.
Mr. Lee stated that at this time future width lines are not being
established but the City is telling the County that we wish to
proceed with 104 ft. width for the travel way and in addition the
bikeways on the outside, and at a later time if future width lines
must be established, other than what is on record, it will go back
to the Council and Planning Commission for public hearings and
public testimony.
Mayor Pritchard felt if we say to the County that we want 104 ft.
it is, in essence, setting future width lines and Mr. Musso ex-
plained that a public hearing is required before future width
lines can be established.
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CM-29-282
February 24, 1975
(Width Lines - East Ave.)
Mayor Pritchard stated that it may be true the City is not setting
future width lines because they have not taken formal action but
you can be sure that if they say they want 104 ft. for that street
the County will end up taking this as our final decision.
c
Bill Raymond, 2368 Buena Vista, representative of the Bikeways
Association stated that bicycles having to ride on the sidewalk
on East Avenue would be inappropriate. The bicycles will travel
in the street anyway or bicycle traffic will have to be eliminated.
The Bikeway Association feels it is essential to have a 10 ft.
bikeway on each side of the street and be delineated from the
street by low profile concrete channelization bars, which would
also allow for emergency parking. They would suggest that the
14 ft. travel lanes be reduced to 12 ft. lanes for automobiles
and that the 8 ft. emergency parking lane be increased to 10 ft.
which could still be accommodated within the standard 104 ft.
Discussion followed concerning the bike path and what should be
done and Cm Tirsell stated that this was discussed by the Planning
Commission and she does not want to decide tonight to take two feet
from the travel lanes; they discussed this item for eight months.
CM FUTCH MOVED TO TABLE THE ITEM FOR ONE WEEK, SECONDED BY CM
TURNER AND PASSED BY UNANIMOUS VOTE.
REPORT RE POLICY
STATEMENT DRAFTS
In accordance with Council direction additional policy statements
have been prepared on Building Construction and Site Grading,
Benefit Districts, Use of Eminent Domain Authority for Private
Property Development and Certificate of Occupancy provisions
and Property corner Markers.
Permit Requirements for Building
Construction and Site Grading:
Cm Miller stated that he would like to eliminate D. underBuild-
ing Permits on Page 2. If the paragraph is not eliminated it
would mean that a project may be allowed to proceed without the
issuance of a partial or full building permit if the Chief
Building Inspector and Director of Public Works feels it is
justified.
Mr. Parness explained that D. was added to allow a project to
proceed without a permit if there is a special reason. There
are times when weather conditions, etc., prompt hurried activity
on the part of the contractor and these are business matters. The
City is always getting appeals, in this regard, and this is only
suggesting that they be allowed to install concrete footings - not
to erect a structure or any part thereof.
.~.
Mr. Street cited an instance in which material was in danger
of being destroyed because of an impending rainstorm and with
the concurrence of the structural engineer and the City's inspec-
tion the City took it upon itself to allow them to pour concrete
so that the entire work of the excavation would not be lost. If
the provision is not left in the Policy possibly there would never
a problem, but on the other hand if there is a problem it may prove
to be a salvation for somebody.
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Cm Miller stated in his opinion it is just plain "sloppy" to allow
a building to proceed without having everything properly accomplished
by the conditions of our ordinances and codes. If someone proceeds
before this has been accomplished then they have begun too soon and
it is wrong to allow anything to proceed without the permit.
CM MILLER MOVED THAT THIS ITEM BE DELETED. SECONDED BY CM TURNER.
CM-29-283
February 24, 1975
(Council Policy)
Mayor Pritchard asked, if permission was granted to pour a founda-
tion and for some reason the permit could not be granted, would
we legally have de facto granted a building permit by allowing
the foundation to be poured?
The City Attorney stated that this is a question still undecided.
There have been cases in which the party doing construction is ~
given notice that any activity he conducts on the property is
at his own risk and in other cases work done considered substan-
tial progress has allowed them to obtain a writ of mandate to force
the local public agency to issue the building permit. The law
is really not clear where this matter is concerned.
Cm Turner stated that his justification for seconding the motion
is that he feels it is not proper, from a financial standpoint,
to allow someone to put money into the ground when there is a
possibility they may not be able to obtain a building permit.
He feels that allowing them to proceed without a building permit
may mean that if they are denied a permit the City would have to
show that denial was based upon something that clearly, and without
a doubt, could not be challenged in court.
MOTION PASSED BY UNANIMOUS VOTE.
The Council then discussed III. Grading Permits, Page 3:
Cm Miller stated that A. I. states, "Grading in an isolated, self
contained area if there is not danger apparent to private or public
property" may be done without a permit and he is concerned about
the person who may have an acre of land who levels the hill and
fills the valley and then procee~~~9~p~~~ a subdivision on it.
We had a similar case in which~~~f~re taken from the top and
used to fill in land in one of Mr. Mehran's tracts, and this was
done between the time of the tentative and the final map. The
point is this could be done without obtaining a grading permit
and yet it would be contrary to the General Plan and principles
about leveling hills and filling valleys. CM MILLER MOVED THAT
ITEM III. A. 1. READ: GRADING IN AN ISOLATED, SELF CONTAINED AREA
IF THERE IS NOT DANGER APPARENT TO PRIVATE OR PUBLIC PROPERTY,
PROVIDING THE PARCEL IS LESS THAN ONE ACRE.
Cm Turner wondered who determines if there is no danger to private
or public property, from a legal standpoint, and Mr. Logan replied
that he feels this would be left to the discretion of the administra-
tion and in this particular instance he would assume this would be
by Mr. Street.
Mr. Street commented that he is not opposed to any changes in the
grading permits but would like to mention that these particular
conditions are a part of the Grading Ordinance and changes
would require an ordinance change. He stated that it would
be his responsibility to determine if there is danger to private
or public property and he would not assume a judgment without
consulting the Public Works Director and, if necessary, with a
private consulting engineer.
Mr. Lee commented that Number 9. on Page 4 specifies the amount
of fill that can be done and perhaps this would cover the con-
cerns of Cm Miller and the Council.
~
Cm Miller stated that 1. and 9. relate to different issues and
9. does not modify l.
Cm Tirsell stated she is opposed to the arbitrary one acre be-
cause there is a possibility that some of the industrial property
consists of l~ acres.
CM-29-284
February 24, 1975
(Council Policy)
Cm Turner stated the Planning Commission ran into some difficulty
when foundations were poured for a trailer park and at that time
it was determined that one condition does not really supersede
another and that Cm Miller has a good point - each condition should
be clear and concise.
L
CM MILLER ADDED TO THE MOTION THAT THE WORDING BE ADOPTED, AS MEN-
TIONED ABOVE AND THAT THE STAFF BE DIRECTED TO PREPARE AN ORDINANCE
REFLECTING THE CHANGE, SECONDED BY CM TURNER.
Cm Futch asked if the change proposed by Cm Miller for Item 1 is a
reference to Item 9 and Cm Miller stated there is no reference to
9. because these conditions are separate.
Cm Miller stated that the point of all of this is that the City
should discourage grading without grading permits, and is the
reason he specified one acre.
Mr. Parness stated that he feels 1. and 9. are complimentary and
that grading cannot be done if one is in violation of one or the
other item.
Mr. Street wondered if, rather than changing the wording, the
policy of not allowing grading for property larger than an acre
without a permit could be applied.
MOTION PASSED 4-1 (Cm Tirsell dissenting).
The Council next discussed II. A. 6., Page 3, Grading Permits:
Cm Tirsell stated she is concerned about the gravel on the small
parcels that extend into the arroyo along Arroyo Mocho and the
fact that mining can be done in quarries.
Mr. Street explained that he believes mining cannot be done without
a quarry permit, even for the small parcels.
Cm Miller questioned II. A. 8., Page 4, as to whether this item
is restrictive enough and that a five ft. height for grading seems
a little excessive without a grading permit. Mr. Street felt there
would be no problem unless the grading were to take place close
to a structure or property line and those things are covered else-
where in the ordinance.
With respect to III. B., Page 4, Cm Miller stated that in his
opinion if there is to be construction of a building then there
should be a grading permit involved.
Mr. Lee felt a grading permit should not be necessary because the
City would have reviewed the site plan and Mr. Parness commented
that from the aspect of being a practical business matter he felt
it was also unnecessary for the City to require this type of paper
processing. The majority of construction sites require a nominal
amount of grading and he feels it is unnecessary to require grading
permits for this type of activity.
eM MILLER MOVED TO DELETE B., SECONDED BY MAYOR PRITCHARD.
Cm Turner questioned why the staff would object to removing B.
and Mr. Lee explained that a grading permit would be a duplication
of effort and that this would be the same as requiring a separate
permit for the sidewalk or parking lot or lighting.
CM-29-285
February 24, 1975
(Council Policy)
Cm Miller asked if the building permit covers all the grading on
the site, or the building and Mr. Lee replied that the building
permit covers all of the items, and Cm Miller asked if this means
all of the grading, including shuffling the dirt around.
MOTION FAILED 1-4 (Cm Futch, Turner, Tirsell and Chair dissenting).
J
Cm Miller stated that he would like to add to the Grading policy
that I} any use of City property shall not take place without the
approval of the City, or 2} the taking of City property without
permission.
CM MILLER MOVED THAT THE COUNCIL ADOPT THE POLICY THAT THERE BE
NO USE OR TAKING OF CITY PROPERTY WITHOUT THE APPROVAL OF THE
COUNCIL.
Cm Miller stated that he is greatly offended by the casual use
of City property by people who have been in the City for a long
time and seem to have fallen into the practice. He stated he
feels the practice is wrong and it should be made clear that
the City is not going to allow use or taking of property without
approval.
MOTION WAS SECONDED BY MAYOR PRITCHARD.
Cm Turner stated that he would agree there should be approval
by the City but does not agree that it should have to come to
the Council. Mr. Lee, Mr. Musso or Parness should be able to
give permission, with which Cm Tirsell agreed.
MOTION FAILED 2-3 (Cm Turner, Tirse11 and Futch dissenting).
Cm Miller stated that he would like to refer to another point
concerning grading. Grading took place in a subdivision where
a hill was knocked down 20 ft. This did not show in the tenta-
tive and was brought out at the time of the final map and the
City received the argument that the developer had gone to the
expense of preparing the final map and engineering work and the
City could not make him change his final map at that point. The
Council agreed that it couldn't change it so the point was made
that a grading map should be included with the tentative map
because this would be the last time the Council would have any
control over a map and the argument was made that the City couldn't
require the developer to furnish a grading map at the time of the
tentative because these are drawn without much consideration of
the engineering considerations. The net result of the discussion
was that the City has no control over the grading of one of these
developments and exactly how a hill was removed. For this reason
he feels there is merit in requiring a grading plan associated
with a tentative map or the City will have no real control over
grading that takes place on more hilly properties.
Cm Futch felt this is a good point and wondered if, perhaps, a
"rough" grading plan could be required without all of the details.
Mr. Musso stated that the Planning Commission has recommended that
the subdivision ordinance be amended to require grading plans with
the tentative map and this will be coming before the Council.
CONTINUANCE OF
AGENDA ITEMS
--..,/
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE THE REMAINING ITEMS (6.4 of the Agenda) CONCERNING POLICY
WERE CONTINUED TO NEXT WEEK.
CM-29-286
February 24, 1975
REPORT RE MOBILEHOME
INSTALLATION FEES
~j
Mr. Street reported that recalculation of the proposed mobilehome
installation fees indicates that the $15 fee is reasonable and it
is recommended that a resolution authorizing application of an
inspection fee be adopted.
CM FUTCH MOVED TO DIRECT THE STAFF TO PREPARE A RESOLUTION AUTHORIZ-
ING APPLICATION OF THE INSPECTION FEE, SECONDED BY CM TURNER AND
PASSED BY UNANIMOUS VOTE.
REPORT RE JOINT
POWERS MODIFICATION
The City Manager reported that in order to have a legal vehicle
for the transmittal of municipal funds to LARPD for park improve-
ment purposes, a modification to the joint powers agreement has
been written.
It was noted that the Council did not receive a copy of the recom-
mended resolution and ON MOTION OF CM TURNER, SECONDED BY CM MILLER
AND BY UNANIMOUS VOTE THE MATTER WAS CONTINUED FOR ONE WEEK.
REPORT RE TRANS.
CONSULTANT STUDY
The City Manager reported that over the past several months our
staff, in conjunction with our citizens Transportation Advisory
Committee, has been involved with retention of a consultant firm
for an analysis of our local transportation needs. Eight firms
have been interviewed, and proposals studied, and it is recommended
that the City enter into an agreement with Dave Systems, Inc. A
contract has been drawn and reviewed by our City Attorney, BART
and MTC and the full cost of the study is estimated at $18,950
which will be paid for through the federal Transportation Develop-
ment Act through MTC.
CM TIRSELL MOVED TO ADOPT A RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH DAVE SYSTEMS, INC., SECONDED BY CM FUTCH AND
PASSED BY UNANIMOUS VOTE.
RESOLUTION NO. 41-75
A RESOLUTION AUTHORIZING EXECUTION OF AN
AGREEMENT (Dave Systems Inc.)
Z. 0.. AMEND. RE
CONCANNON & CORDOBA
ON MOTION OF CM MILLER, SECONDED BY CM TIRSELL AND BY A 4-1 VOTE
(Cm Turner dissenting) THE ORDINANCE REZONING THE CORNER OF CONCANNON
BOULEVARD AND CORDOBA STREET WAS ADOPTED.
ORDINANCE NO. 858
(
~/
AN ORDINANCE AMENDING ORDINANCE NO. 442,
AS AMENDED, OF THE CITY OF LIVERMORE BY
AMENDING SECTION 3.00 THEREOF RELATING
TO ZONING (Sunset Development Company) .
CM-29-287
February 24, 1975
Z. O. AMEND RE
INDUSTRIAL AREAS
ON MOTION OF CM FUTCH, SECONDED BY CM TIRSELL AND BY A 3-2 VOTE
(Cm Turner and Chair dissenting) THE ORDINANCE AMENDMENT REGARDING
VARIOUS INDUSTRIAL AREAS WAS ADOPTED.
ORDINANCE NO. 859
J
AN ORDINANCE AMENDING ORDINANCE NO. 442
AS AMENDED, OF THE CITY OF LIVERMORE BY
AMENDING SECTION 3.00 THEREOF RELATING
TO ZONING (Z-174 Industrial Rezoning).
CITY MANAGER WEEKLY
PROJECT STATUS REPORT
Grade Separation Structure
Mr. Parness reported that on the grade separation structure program
there has been a lot of grading accomplished and the girders are
being placed at both locations for the bridge and these are the
girders which have been paid for.
Oak Street Loop
The Oak Street loop design has been completed by the City and
construction will soon commence.
First & Livermore
The First Street-Livermore Avenue intersection has been in negotia-
tions with the owners and terms have been reached for the property
value which will be on next week's agenda. The negotiated settle-
ment is slightly higher than the state appraisal and worth the
City's acceptance.
Water Reclamation Plant
The lagoon has been completed for the Water Reclamation Plant
and the emergency holding pond has also been completed. This
project is about 45% completed and they are moving right along.
Corporation Yard
There have been reports of missing gasoline from the
yard and there are structural problems at the yard.
being siphoned by people climbing over the fence and
intends to improve the fencing and to place locks on
Corporation
Gasoline is
the City
gas caps.
Concannon Traffic Signal
Mr. Parness has contacted the state about the Concannon traffic
signal. The bid was awarded on February 11th and referred to the
contractor but the contractor, as yet, has not signed the construction
bid. The state understands our concerns and has promised to take
legal action, if necessary, to get the contractor to sign the bid.
~.
CM-29-288
February 24, 1975
(Status Reports)
~/
Sewage Capacity
The Planning Commission has asked for a report as to sewage
capacity and what commitments have been made, to date,
and this report is being prepared at this time by our engineers
and will be referred to the Planning Commission for their
study session and in turn will be coming to the Council.
Finance Department
The annexation fee study the Council has requested is in its
draft stage and being reviewed by Mr. Parness and the staff
and should be ready for referral to the Council soon.
Bicycle Licensing
The forms for the bicycle licensing have been completed for
use by the commercial retail outlets and we are meeting with
the merchants and getting their consent to use the forms.
The actual implementation of the state program, however, is
being delayed because of state officer request. A tremendous
amount of furror has arisen over this item and there are bound
to be modifications to the state licensing program. We do not
have to start the program for a couple of years and we are not
getting it activitated until it appears that the dust has settled.
ADJOURNMENT
Mayor Pritchard adjourned the meeting to an executive session
at 11:30 p.m. to discuss a legal matter and then to an adjourned
regular meeting on Friday at noon at 3070 East Avenue, then to
an executive session to discuss a personnel matter.
1ii~ki:r 4lh#rf
APPROVE
ATTEST
~
Liv m~'~' c:fifornia
Adjourned Regular Meeting of February 28, 1975
An adjourned regular meeting was held on February 28, 1975, at 3070
East Avenue. The meeting was called to order at 12:lS p.m. by
Mayor Pritchard.
Present: Cm Turner, Miller, Tirse1l and Mayor Pritchard
Absent: Cm Futch
The meeting adjourned immediately to an executive session to dis-
cuss personnel matters and the session adjourned at 1:45 p.m.
APPROVE
ATTEST
CM-29-289
Regular Meeting of March 3, 1975
A regular meeting of the City Council of the City of Livermore
was held on March 3, 1975, in the Municipal Court Chambers, 39
South Livermore Avenue. The meeting was called to order at 8:07
p.m. with Mayor Pritchard presiding.
ROLL CALL
Present: Cm Miller, Futch, Tirsell, Turner and Mayor Pritchard
J
Absent:
None
PLEDGE OF ALLEGIANCE
Mayor Pritchard led the Council members and those present in the
audience, in the Pledge of Allegiance.
MINUTES
February 18, 1975
Page 269, fourth paragraph from bottom, first line should read:
Cm Futch commented that he cannot believe the ....etc.
Page 269, last paragraph should read: Cm Tirsell stated that it
is not true that only a certain limited amount of land will be
zoned 1-3 and that all of the 1-3 has been used for these two parcels.
Each parcel, as it is reviewed, is given a zoning according to
criteria that has been established for 1-3. This property meets
the criteria and she happens to agree with the Planning Commis-
sion.
Page 272, third paragraph, fourth line should begin: General
Plan, there is a half a page of assumptions, and all analytical
reports have assumptions so that the whole world will not have
to be studied.
Page 272, fourth paragraph should read: Cm Miller stated that
technical reports are not always tied down to exact mathematical
precision. There are often unknowns that affect the results...etc.
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE THE MINUTES FOR THE MEETING OF FEBRUARY l8, 1975, WERE
APPROVED, AS CORRECTED.
PUBLIC HEARING RE
P. U. #18 - Springtown
A public hearing has been scheduled this evening to hear testi-
mony concerning adoption of a Specific Plan for development
in the Springtown area - PU #18.
Cm Miller stated that he feels the Council cannot make a
decision on this item this evening because the Council does
not have a copy of the map which indicates areas and the
number of dwelling units per acre, and also Mr. Strang has
indicated that the Council has promised 30 units and Cm Miller
stated he does not recall any such promise but rather that Mr.
Strang assumed the Council was going to promise 30 units, and
the Council needs to have the portion of the Council minutes
concerning this discussion. The Council has not previously
discussed PU #18 but the 30 units were mentioned in discussion
relative to acquisition of the golf course.
~.
CM-29-290
March 3, 1975
(P . H. re PU # 18 )
Mayor Pritchard commented that it should be noted there has been
some discussion as to whether or not a Specific Plan should be
adopted and if there is to be no adoption, lengthy discussion
would mean that the Council is "spinning its wheels".
( /
~/
Cm Miller stated the consultants are concerned about the possibility
of Specific Plans and the Council may wish to discussis this also
before coming to a final decision.
Mr. Musso gave background concerning PU *18, illustrating the area
the Specific Plan would cover and some of the factors considered
by the Planning Commission such as the "greenbelt" area, the number
of schools for the area and traffic concerns connected with the
schools. There was one proposal for a cluster project involving a
density transfer which the Planning Commission agreed with, in con-
cept. It was concluded by the Planning Commission that the shopping
center shown in the Greenville plan should not be shown on the plan
and to be indicated on one of the other quandrants of the four-way
intersection. The consultant has suggested that the shopping center
be located central to the area which Mr. Musso indicated on the map
and also that the consultant suggested development of a high school.
He then mentioned discussion which took place concerning the location
of the shopping center and noted that in the Granada area the shopping
center was to be located in the middle of the development but the
developer convinced the Council that it should be located on a major
street rather than in the middle of a development.
Cm Miller commented that there is a shopping center/commercial area
already approved near the freeway and Mr. Musso agreed that this is
one of the alternate considerations.
During the Planning Commission hearing there was testimony requesting
an increase in density for two areas which Mr. Musso illustrated on
the map. There was some concern that there would be complications
with density transfer and who pays for the streets which will have
to be worked out with the density transfer.
Mr. Musso noted that the recently approved church would be deleted,
and there was discussion about the freeway noise and the decibel
levels noted on the plan.
Cm Tirsell asked about the decibel level by the freeway and Mr.
Musso indicated that there is a 300-400 ft. of buffer and the
maximum tolerance for residential is 70 for interior and 65
for exterior and that area does specify a density transfer if
higher density is desired. At present the General Plan shows
a 3 d.u./acre for the front part and 3.5 d.u./acre towards the
rear. One of the items to be considered is whether or not the
buildings should be located closer to the noise of the freeway
with the open areas further from the noise because the building
can be designed to help eliminate freeway noise, and Cm Miller
noted that this would require special criteria for the development
of the building.
Mayor Pritchard opened the public hearing and invited public
testimony on this item.
'~.
Bill Older, l524 Hollyhock, stated that the Council is going to
make a decision on PUD '18 and he would be interested in knowing
what happened to PUD *14. In the past Reeder promised to develop
Springtown Boulevard to connect with the Proud Country area when
100 homes had been developed, or after one year. There were 99
units developed which is one house short but one year was long ago.
CM-29-29l
March 3, 1975
(P.H. re PU f18)
Mr. Older stated that the street has not been completed, as
promised and he would like to know what happened to it. He then
illustrated potential traffic flow if some of the streets were
completed or extended and wondered how much longer the Springtown
residents must continue to risk their lives by using the few streets
available for the amount of traffic for that area. He urged that
the City do something to get Springtown Boulevard extended all the ~
way to Galloway and to hold Reeder to his promise.
Albert Strang, Secretary of Palomar Financial, 5348 University
Avenue, San Diego, California; owner of portions of the Spring-
town area stated that the reason he is appearing before the
Council is to see how the plan is led through the Council and
to comment that the loans which brought his company into this
area were premised on the density being in excess of 4 d.u./acre
and now they are down to 3 d.u./acre, and are still being taxed
on the basis of the original use. He stated that he brought up
the matter of the 30 dwelling units as a matter of courtesy and
would again stress that he attended meetings two years ago at the
time Mr. Countryman was Vice President of Intermark when there
was considerable discussion concerning the.30 units and during
which time the owner and Council went "round and round" over them.
They were part of the deal on the golf course and they floated over
to the Intermark property and he would like to bring this to the
attention of the Council. He has been told that the 30 units do
not exist and he would have to argue that they do exist and would
like the Council to study the minutes reflecting these discussions.
He then read a letter dated March 12, 1973, to the attention of
John A. Lewis, City Attorney, referencing the Springtown Golf Course,
in which they acquiesce to Council action taken March 12th allowing
30 units being available for density transfer from the Springtown
Golf Course to the 112 acres of land held by Intermark, or its suc-
cessors in interest.
Keith Fraser, representative for Leo Perry and the property known
as the 45 acres, pointed out by Mr. Musso as the density transfer
property, stated that they have followed this through the P.C.
and are prepared to go ahead with a proposal for development
with dedication of 30 acres to the east. He stated that he
is speaking before the Council so as to go on record that they
are ready to proceed at any time.
Mr. Musso commented that, for the record, in response to the state-
ment by Mr. Older and Reeder's responsibility towards completion,
the maps requiring him to extend Springtown Boulevard expired
without obligating him. Mr. Older is correct in saying that it
was to be extended, and the Council granted extensions in time by
saying that he could extend it after the second set of units were
developed, and then extended a third time by saying that it could
be extended after the third set of units were developed. It was
also noted that it was not the present Council that granted contin-
uance for getting Springtown Boulevard extended.
Cm Miller stated that he is a survivor of the previous Councils
that discussed the extensions and would like to mention that he
voted against all of the extensions, but to no avail.
Mr. Musso stated that the third group, where the obligation rested,
were never developed and this relieved Reeder of his obligation.
~
CM TURNER MOVED TO CONTINUE THIS ITEM FOR TWO WEEKS AND ALSO THAT
THE CITY STAFF BE DIRECTED TO PROVIDE THE COUNCIL WITH THE MINUTES
OF THE MARCH 12th, 1973, COUNCIL MEETING AND ANY OTHER MEETING THAT
MIGHT RELATE TO THIS ITEM AS WELL AS THE MAP SHOWING DENSITY.
MOTION WAS SECONDED BY CM MILLER AND PASSED UNANIMOUSLY.
CM-29-292
March 3, 1975
(P'.H. re PU #18)
Cm Miller asked if there were any responses to the EIR for this
area and Mr. Musso indicated there were responsesebut most of
those were included in the EIR, considered by the P.C. and the
most significant comment was provided by the Soil Conservation
Service and has been incorporated in the present text.
L,
CONSENT CALENDAR
Res. re Weed Abatement
The staff has recommended that the Council adopt a resolution to
direct the posting of all properties and notices to be mailed to
all property owners for the abatement of weeds and is the first
action in our yearly Weed Abatement Program.
RESOLUTION NO. 42-75
A RESOLUTION DECLARING THAT THERE EXIST WEEDS
GROWING ON OR RUBBISH, REFUSE AND DIRT ON PRI-
VATE PROPERTY AND/OR STREETS ADJACENT TO PRIVATE
PROPERTY PARTICULARLY DESCRIBED IN THIS RESOLU-
TION AND DECLARING THE SAME TO BE A PUBLIC NUIS-
ANCE AND ORDERING SAID CONDITIONS ABATED.
Payroll & Claims
There were 102 claims in the amount of $39,851, dated February 24,
1975, approved by the City Manager.
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM TURNER, SECONDED BY CM FUTCH AND BY UNANIMOUS VOTE,
THE CONSENT CALENDAR WAS APPROVED.
MATTERS INITIATED
BY THE STAFF & COUNCIL
(Departmental Tour)
Mr. Parness stated that he has prepared a statement relative to
a tour by the Council to all City departments and would like the
Council to review the alternatives and indicate to the staff when
they will be ready to make the tour and which alternative they
would prefer.
(Business Licenses)
Cm Turner stated it is his understanding that in the City of
Livermore a business license is not required for a contractor
doing a business of less than $10,000-$20,000.
Mr. Parness indicated that anyone doing business in the City is.
( required to have a business license regardless of the amount of
~. business involved.
Cm Turner stated that there are people doing business in Livermore
from other cities and they are of the understanding that they are
not required to have a business license. Cm Turner suggested that
somehow people be made aware of the fact that a license is required
if they are going to do business in Livermore.
It was noted that if someone knows of anyone doing business without
a business license they should contact Mr. Nolan, Finance Director,
and a form letter will be sent to those who should have a license.
CM-29-293
Harch 3, 1975
(Construction at
Golf Course)
Cm Miller stated that there is construction going on at the golf
course in connection with the snack bar and wondered if the plans
have been reviewed by the City and the Design Review Committee.
Mr. Parness replied that the construction is taking place only in
the interior of the snack bar and the plans have not been reviewed
by the Design Review Committee as he felt it was not appropriate
or necessary to have the Committee review them. The staff has
reviewed the modifications and feel that this would be nothing
other than an improvement and they were given permission to proceed.
,
"
!
~
(Housing & Community
Development Funds)
Cm Tirse11 stated that tonight the Council is being asked to refer
the matter of the Housing and Community Development Funds to the
Planning Commission for choosing a site and would like to suggest
that the Council, at the same time, determine what needs are to be
served in the center and which programs could be operated in the
center and which groups the City will try to serve. She suggested
that there be community input for helping to decide which services
could be handled in the center. She felt that, in particular,
counceling services, ministers, and schools would have valuable
input to offer. Cm Tirsel1 proposed that the Council establish
a committee to begin plans for the service center drawing members
from these various groups. We need to discuss plans before the
building is constructed and before a design is approved. She
stated that she would like the staff to look into this matter and
to consider the recommendations of the ACAP agency and provide the
Council with suggestions as to how the Council should proceed. She
felt ACAP can furnish information as to what agencies exist in Liver-
morel the things which are needed and the City's service gaps.
Mr. Parness commented that he feels Cm Tirse11's suggestion is
good but there is one contingency and that is that the federal
government may not allow the program and perhaps the City should
wait until there is some indication that we will receive money
for our first priority submission - that being the multi-service
center.
Cm Tirsell commented that under the auspices of ACAP we still
need to form a Social Concerns Committee because we are the
only community in the ACAP South County area that does not
have such a committee. Such a committee responds to the execu-
tive body over the hill; therefore, with or without approval of
the grant we need to form a committee in order to comply with
our ACAP membership.
(Senior Citizens
Program)
Mayor Pritchard stated that the Senior Citizens program once fun-
ded by SACEOA and then taken over by the state has been working
on a quarter to quarter basis and Lillian Snorf telephoned the
Mayor today to inform him that she has been told that the first
of next month everything will cease as there will be no funding
by the state. Mayor Pritchard stated that he feels something
should be done and the City should look for a source of funds
immediately. He explained that there were some OEO funds left
over when SACEOA dissolved and the state has been administrating
these funds which the Senior Citizens have been receiving for
their program.
~.
CM-29-294
March 3, 1975
'~
(Senior Citizens Program)
Mayor Pritchard stated that he would like to pursue this matter
and if it is true there will be no more funds the ACAP agency should
be the body the City appeals to for funding. This program as well
as the Head Start program are the two funded through the old SACEOA
and it imperative that the City keep them going. The Mayor mentioned
that the Meals on Wheels program and a station wagon is being funded
to get people to hospitals and doctors offices and he has asked Mrs.
Snorf for a breakdown of costs for services that have been funded
by the old OEO funds.
(Livermore Visitors)
Mayor Pritchard stated that on Friday Livermore will receive visitors
from Guatemala and with the Council's permission will be hosting a
luncheon for them at the Tailwinds Restaurant and would hope that
the other members of the Council will attend the luncheon. Mayor
Pritchard commented that Dr. DeBruin and Dr. Joe Medeiros will also
be attending the luncheon as well as an interpreter for the Spanish
speaking guests.
COMMUNICATION RE INCREASE
FOR INTRASTATE PHONE RATES
Notice of filing an application for increases for intrastate telephone
rates was submitted to the City Council and Dick Piepenburg, Manager
of the Telephone Company, commented that the City has received the
standard notification concerning filing for an increase in rates
and that the notification will also go to the counties and state.
The rate increase is small and required to recoup increased costs,
primarily wages.
Cm Tirsell asked about the average salary increase and Mr. Piepenburg
replied that the proposed increase is to offset wage increases which
will go into effect July I, 1975 and as he recalls the wage increase
is for 3% plus a cost of living factor which could mean approximately
a 10% increase.
Cm Miller stated that he has no objection to the Telephone Company
asking for a rate increase to cover their expenses as far as wages
are concerned; however, in the last eight years the rate of return
which the Telephone Company is entitled to earn, and therefore re-
felcted in their rates, have gone up substantially. The rate of return
is quite high, in his opinion, and quite high compared to what it
has been in the recent past and substantially higher than it has
been in the past and feels that a reasonable position for the City
of Livermore to take would be to ask the PUC to reduce their rate
of return first and then consider a wage increase. The wage increase
is reasonable but the rate of return is not. He felt the City should
oppose a wage increase until after the rate of return has been reduced
and would urge that a letter to this effect be sent to the PUC. The
present rate of return is 8.85% and at one time it was as low as 5.6%
and would suggest that it go back to 6.9%.
Cm Futch stated that he would like to see the data concerning this
before agreeing to any action.
----._,..,..-
Mr. Piepenburg stated that he is not prepared to justify the rate
of return, tonight, but would like to say that the PUC goes into
this in great detail and detailed discussion on the rate of return.
The Telephone Company is only saying that they are .allowed an 8.85%
return and with the increased wage costs and inflation the rate of
return is going down; their actual return in December 1974 being 7.61%,
and the Telephone Company fees the rate of return is not excessive
because the rate of return is not guaran~eed.
CM-29-295
March 3, 1975
(Phone Rate Increases)
Mr. Piepenburg stated that they do try to stay at that rate of
return because they are in business.to make money and they are
competing for the same money that banks are competing for as is
everyone else.
Cm Miller pointed out that interest rates have come down a lot
recently and Mr. Piepenburg stated that this is true but they
have had to borrow at the higher interest rate and will have to
pay these higher rates for the next 20-30 years.
//-)
---/
It was noted that no action is necessary of the Council on this
item but Cm Miller may bring it up again next week.
COMMUNICATION FROM CITY
OF LYNWOOD RE SB 275
A resolution opposing SB 275 (Public Employer/Employee Relations)
was submitted by the City of Lynwood and noted for filing.
COMMUNICATION RE P.H.
- MAYORS' GAS TAX FORMULA
Notice of a public hearing by the Board of Supervisors concerning
the Mayors' Formula for Gas Tax Funds was received from the Board
of Supervisors. The hearing will be held on March 18, 1975 at
10:30 a.m.
Mayor Pritchard commented that from the letter it would appear
that no action is anticipated but that public testimony will be
received and other meetings will follow and asked if Mr. Parness
would be able to attend the meeting and Mr. Parness indicated
that he plans to attend the hearing.
Mayor Pritchard added that there is some question as to whether
funds could be set aside for rapid transit and, if so, whether
such funds should come from the City's share, the County's share,
or both, and Mr. Parness indicated that it is not positive that
the gas tax money can be used for this purpose and it depends
upon interpretation of Measure B which appeared on the ballot
during the last election.
Cm Miller mentioned at this time that the Board of Supervisors
is going to hold another hearing about redistricting and would
be happy to offer input concerning this matter.
Cm Turner stated that he would like to see a full-time Supervisor
in the valley and that strong consideration should be given towards
establishing a district which would comprise this valley and perhaps
Castro Valley because they do not have a BART system. The concerns
of Union City and Fremont and other such cities are different than
those of the valley and there should be some separation in the
districting.
Mayor Pritchard stated that the Charter can now be amended because
of the recent measure passage, which may allow more Supervisors,
and certainly the valley would qualify as an area that should
get a Supervisor.
Cm Miller stated that the idea of seven districts as proposed by
Valerie Raymond, candidate for next Supervisor election, is very
good and would suggest that the City ask the Supervisors to create
a seven Supervisor Board to provide more representation from areas
such as the valley.
"J
CM-29-296
March 3, 1975
(re Gas Tax Formula
and Rapid Transit)
Cm Turner stated that he would like the staff to be directed to provide
the Council with the necessary testimony such as on the basis of popu-
lation and demography.
v
RECESS
Mayor Pritchard called for a brief recess after which the Council
meeting resumed with all members present.
DISCUSSION RE PU #8 & #9
The discussion concerning Planning Units #8 and #9 was continued from
April I, 1974 and Mr. Musso explained that the matter was continued
because it was felt that discussion should take place at a time closer
to the expiration of the moratorium, which is in a couple of weeks.
Circumstances have not changed to any great extent in the plan,
although there will be additional information on the airport area
in a few months, primarily the area around the clear zones which
will probably change and some of the changes for the airport may
affect some of the land uses in the area.
Cm Futch asked if the park sites for this area have been finalized
and Mr. Musso replied that nothing has changed - the plan still
shows the Hagemann Park and the existing park. There is still
some question on the school which cannot be resolved at present.
Discussion followed concerning the school site and plans for it.
Cm Tirsell asked about the most recent information regarding the
possible Isabel Freeway and Mr. Parness indicated that he is waiting
to get the official word but he has talked with the CAL-TRANS staff
and the report was that the Highway Commission has said "no" they
will not financially participate but would hold the route designa-
tion and would not vacate it, allowing the City and County, jointly,
to come up with the funding for the purchase of the Elliott property
and any other property that may intrude and we will be given something
like a month to declare our intention.
Cm Tirsell then asked if the width line for the freeway would be
wider than the width line the City would need for a major street
and Mr. Parness replied that it would be wider but is not sure
how much wider.
Cm Futch wondered if a decision tonight would have a bearing on
what the City might decide to do with respect to participating
with the County and Mr. Parness felt it would not but rather would
reaffirm the Council's desires to have some kind of a routing along
Isabel.
/
L/
Cm Futch felt if the matter is postponed the Council may have to
hold public hearings again and since there is not much change that
can take place in the area with respect to the homes that will be
built, the density is in conformance with the General Plan and
the circulation is already there, he would suggest that the Council
go ahead and approve the Planning units as drawn up by the P. C.
and MOVED THAT THE SPECIFIC PLANS FOR THIS AREA, AS PROPOSED BY
THE PLANNING COMMISSION, FOR 4 d.u./ACRE BE ADOPTED, AND A RESOLU-
TION PREPARED, SECONDED BY CM TIRSELL. -
Cm Miller asked Mr. Musso to indicate which areas are yet to
be developed and at what density. Musso illustrated the residen-
tial property which he stated is at 3 d.u./acre and in the freeway
right-of-way 65 units have been approved, and park sites will be
required.
CM-29-297
March 3, 1975
(PU #8 and #9)
Cm Miller stated that part of the reason for holding up the
Specific Plan for this area was possible consideration for
lowering densities in the General Plan for this area. In his
opinion, density at 4 d.u./acre should be a lower denisty and
those at 3 d.u./acre could be at lower density if they are going
to be cluster developemnt, and he is not ready to approve a Speci- )
fic Plan at higher density at this point. ~
Mayor Pritchard asked if there is a possibility that the densities
will be considered in the General Plan amendment and Mr. Musso
replied that it is true that many densities established will be
considered by the General Plan amendment, but may not get into
the detail of determining whether an area should be 3 d.u./acre
instead of 4 d.u./acre.
Cm Futch asked how this density compares with surrounding density
and Mr. Musso indicated that it is similar - the same density
has been established for surrounding areas; some at 3 and some
at 4 d.u./acre. Cm Futch noted that it would appear that the
majority of the density is 3 d.u./acre for the portion remaining,
and Mr. Musso commented that it is 4 d.u./acre but has not been
developed that way.
Cm Tirsell wondered if the Specific Plan would be changed if
the density for the General Plan is changed and Mr. Musso felt
the Specific Plans would have to be changed separately to reflect
the specifications of the General Plan.
Cm Miller stated he is not willing to allow any more 4 d.u./acre.
The argument that everything in surrounding areas has higher den-
sity, so areas should be allowed higher density in perpetuity,
should not be used.
Cm Tirsell stated that she is not opposed to 4 d.u./acre for this
particular site because this development, from the start, provided
housing at a cost many other areas in town do not have and one of
the last areas in town where young families could qualify for
purchasing at the time they were developed, and there was an
attempt at innovative planning for the expandables. There is
a need for this type of housing and would agree with the 4 d.u./acre
but wouldn't want a higher density.
Cm Miller pointed out that the "expandables" are built on three
to the acre and they were built on three to the acre with the
expansion possibility as provided by the RS Ordinance to go, at
that time to 30%; our RS Ordinance now says 35%. The argument
that higher density is required to provide expandables can't be
true because if the lot is too snall one can't expand anything
onto it and the argument that higher density will provide lower
cost housing has been refuted over and over again in the City
of Livermore. It can be noted that the 5 d.u./acre lots in
Granada Village have very expensive houses on them; therefore
it would seem that the argument 4 d.u./acre makes a difference
as far as the housing put on it is not true. He would argue
that densities be reduced and if it is found that it is more
economical to cluster housing, then we can get the open space
associated with it. He emphasized that he can not agree that
the majority of this Planning Unit should remain at 4 d.u./acre.
Cm Futch stated that he would have to agree with the argument
that when density is reduced
lots does go up and he feels
if there are two or three to
for lower income housing and
the
/...0
cost for housing on the larger
..- l!c."'l,::,.. .
.hous1ng cannot be prov1ded
acre. . He feels there is a need
density for this area is compatible.
~.
,J
the
the
CM-29-298
March 3, 1975
(Planning units 8 and 9)
~/
Cm Miller stated that he is tired of the same argument he has heard
for 15 years - that the higher density will provide low income housing.
The Council should realize that higher density does not provide low
income housing without some other mechanism to make it come to pass.
Four and five to the acre does not have low income housing on it and
never has. If the City of Livermore wants to provide low income
housing there must be some other mechanism for doing it. Higher
density never has and never will provide low income housing and
in fact the developers have told the City that this does not cause
low income housing. . .' ".' '.,'
<tm J~~<d &<4 c.It<e'-'t.:..ii<.- -AcuJ-?'OJ~ .o7..Zt./-t./,-C'-'t AlA ~"- ~ ~ ~~ -vr>'''':~'1'
Cm Turner stated that he would have to agree with what Cm Mi~
has said about higher density not providing low cost housing.
Mayor Pritchard indicated that the consultant has indicated that
it is not really necessary or desirable to approve the Specific
Plans and Cm Tirsell stated that this has not been said in writing
and the Mayor replied that it was not in writing but this is what
the consultant has told him.
Cm Tirsell stated that she has not seen official notification and
she was not informed of this by the consultant and Cm Futch stated
that he also was not informed.
Mr. Musso commented that the consultant will be presenting the
General Plan amendment for discussion by the Council on March 17th
which provides the interim growth mechanism and the consultant feels
the work being done on the Specific Plans may possibly have to be
amended but did not discard the value of the Specific Plans. The
consultant suggested that the plans be approved but not formally
adopted and to be used as a guide in the next year.
Cm Tirsell asked if the consultant would be recommending that the
Specific Plans would not be needed and Mr. Musso replied that the
Specific Planning process is very important in the consultant's
program and will recommend that Specific Plans are adopted.
Cm Turner stated that he is not in favor of the motion because
he feels there should be some commercial consideration on the
frontage area and also there is some merit in having 3 d.u./acre
with cluster development and open space. He stated that he is not
really opposed to the 4 d.u./acre either, however.
Cm Tirsell stated that she would like to make the argument that
if all freeway plans along residential are discarded there will
be a lot of commercial and a lot of open space will have to be
purchased.
MOTION FAILED 2-3 (Cm Miller, Turner, and Mayor Pritchard dissenting).
CM TIRSELL MOVED THAT THE COUNCIL TABLE FURTHER DISCUSSION ON ALL
SPECIFIC PLANS WHICH ARE PENDING UNTIL COMPLETION OF THE GENERAL
PLAN OCCURS, SECONDED BY MAYOR PRITCHARD. MOTION FAILED 2-3 (Cm
Turner, Miller and Futch dissenting).
Cm Futch stated that he would agree, in principle, with Cm Tirsell's
motion but feels that there should be a decision on the specific
plans when they come before the Council rather than continued delays.
CM TIRSELL MOVED THAT THE COUNCIL CONTINUE DISCUSSION OF SPECIFIC
PLANS UNTIL COMPLETION OF THE GENERAL PLAN, AT WHICH TIME DENSITIES
AND OTHER PLANNING CONSIDERATIONS, SUCH AS THE AIRPORT LAND USE
STUDY, WILL BE COMPLETE FOR INPUT TO THE PLANNING COMMISSION SO THE
PLANS ARE IN FINAL FORM AS FAR AS DENSITY RECOMMENDATIONS AND ALL
PLANNING CONSIDERATIONS, AND THAT NONE BE DISCUSSED UNTIL THIS TIME
MOTION DIED FOR LACK OF A SECOND.
CM-29-299
March 3, 1975
(Planning Units 8 and 9)
Cm Miller stated that Planning Unit #18 has already been contin-
ued until March 17th and would presume the planning consultants
will be present at that meeting and would like to continue the
discussion of Planning Units #8 and #9, and after the Council
finishes discussing #12, next time, it also be continued until
March 17th. At that time it can be decided as to whether or not
Specific Plan adoption should be postponed. CM MILLER MOVED TO
CONTINUE DISCUSSION OF PU #8 AND #9 UNTIL MARCH 17th, SECONDED
BY CM TURNER.
.-J
Cm Tirsell stated that the Council has been "round and round"
on #8 and #9; #12 was postponed specifically because there was
a question of density and not one park site has been moved since
this was first discussed in 1972 and we are waiting to find out
what the density for Planning Unit #12 should be. As far as
Planning Unit #18, we did not have the map, and there also may
be a question on the density and she stated she feels it is
ludicrous to discuss this with the anticipation that the Council
may very soon pass it. People are coming in for public hearings,
land owners are interested, and they feel it is eminent that the
City do something and this is the third time the Council has looked
at #8 and #9 and feels it is ridiculous.
MOTION PASSED 3-2 (Cm Tirse1l and Futch dissenting) .
REPORT RE POLICY
STATEMENT DRAFTS
In accordance with the Council's direction, policy statements
for 1) Benefit Districts, 2) Use of Eminent Domain, and 3)
Certificate of Occupancy provisions and Property Corner Markers
were continued from the meeting of February 24th.
ON MOTION OF CM TURNER, SECONDED BY CM TIRSELL AND BY UNANIMOUS
VOTE THIS ITEM WAS CONTINUED FOR ANOTHER THREE WEEKS TO MARCH 24.
RESOLUTION AUTH. EXEC.
OF JOINT POWERS AMENDMENT
ON MOTION OF CM TURNER, SECONDED BY CM MILLER, AND BY UNANIMOUS
VOTE, THE RESOLUTION AUTHORIZING EXECUTION OF THE AMENDMENT TO
THE AGREEMENT WITH LARPD WAS ADOPTED.
RESOLUTION NO. 43-75
A RESOLUTION AUTHORIZING EXECUTION OF FIRST
AMENDMENT TO AGREEMENT WITH LIVERMORE AREA
RECREATION AND PARK DISTRICT.
RES. AUTH. APPLICATION
OF INSPECTION FEE
(Mobi1ehomes)
ON MOTION OF CM FUTCH, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE
THE RESOLUTION ESTABLISHING A FEE SCHEDULE FOR MOBILEHOME INSTALLA-
TION WAS ADOPTED.
-..,'/
CM-29-300
March 3, 1975
(Fee Schedule
Mobilehome Installation)
RESOLUTION NO. 44-75
A RESOLUTION ESTABLISHING FEE SCHEDULE
FOR MOBILEHOME INSTALLATION.
L/
REPORT RE EAST AVE.
FUTURE WIDTH LINES
Discussion of the future width lines for East Avenue was continued
from the meeting of last week and Mr. Lee stated that one item
which came up during the discussion last week was the fact that
the memorandum he sent to the Council did not include any discussion
about future trailways outside of our standard 104 ft. right-of-way
and he would suggest that under Bikeways at the end of Page 1, there
be insertion of a statement, as follows: It is anticipated that a
trailway will be required on each side of East Avenue, in addition
to the recommended 104 ft. right-of-way. The additional width of
the trailway on each side is expected to vary between 10 and 25 ft.
and average approximately 17.5 ft., as shown in the General Plan and
will be in excess of the on-street bikeway.
em Futch asked if this is referring to the trailway that is not a
part of the width of the street, which Mr. Lee replied is correct.
Cm Futch felt perhaps this is a separate issue and Mr. Lee commented
it is, but the Council seemed to be concerned about this last time
there was discussion and this wording would indicate that the Council
does intend to provide a trailway outside of the 104 ft. right-of-way
sometime in the future; but this would not create a problem as far
as planning for East Avenue.
Cm Futch expressed concern that the County may feel that if a bike
trail is to be provided in the future on each side, it shouldn't
be provided for at this time in the street and such a statement
may fog the issue.
Cm Tirsell pointed out that the bike lane in the street is the
emergency lane which will have to be provided anyway. Cm Tirse1l
noted that at the time the trail system was adopted she recalls
that on major streets where a trail system was provided, the Council
was not going to sanction bike riding in the streets. The bike routes
are to be the routes for the City and if bike riders choose to use
the emergency lanes, this is their prerogative.
Mr. Lee stated that this is correct but, again, the bicycle is
treated as a vehicle and if someone chooses to ride in the
emergency lane they may do so. Also, in the Bikeway Study pre-
sented to the Council and Bikeways group it was proposed that
at intersections the bike would go out into the street so they
would be observed, as would an automobile.
Cm Tirse1l pointed out that to purchase land for a bike trail is
going to be very expensive and if people are going to use the
street anyway, perhaps it would be better to recommend a wider
street design and emergency lane for the major street.
Cm Turner asked about the plans for the bikes in front of OGO,
and Mr. Lee explained that the emergency lane would serve as
the on-street bike lane and an off-street bikeway is planned
similar to that in front of the apartments at Wagoner Farms.
Cm Turner expressed concern for the children going to Almond Ave.,
East Avenue and Livermore High School, if the bike trail is on-street
and Mr. Lee replied that there will still be a sidewalk area that
could be used.
CM-29-30l
March 3, 1975
(Report re East Avenue
Future Width Lines)
Mayor Pritchard stated that what Mr. Lee is proposing is that
the Council approve the 104 ft. right-of-way, and it is the
Council's position that they will approve the 104 ft. right-
of-way and the very least that should be done is a resolution
signifying approval and possibly even an ordinance adopted set-
ting width lines.
J
Mr. Lee stated that ultimately, when the width lines are decided,
there will have to be an ordinance but at this time the City is
in the process of setting standards and at this time it would not
be necessary or appropriate to adopt a resolution or an ordinance.
Mayor Pritchard stated that once the Council says they want the
104 ft. then anyone can say this is definitive action taken by
the Council but will not have been taken care of by resolution
or an ordinance.
Mr. Lee stated that if an ordinance is to be adopted setting width
lines it will mean that public hearings will have to be held and
in his opinion this is not the time for this type of action.
Cm Miller stated that what is being proposed is the right-of-way
width for a major street and the County is also including a side-
walk which includes the bikeway and he would suggest that two
more feet be added to the emergency lane which will be used as
a bike lane, by taking the extra two feet out of the future
bike path. This would mean 104 ft. width plus a small bikeway
off-street. His reasoning is that a 15 ft. bikeway cannot be
provided in front of OGO and his suggestion would accommodate
the use expected.
Cm Tirsell stated that there are about three properties where
the full proposed bikeway cannot be accommodated.
Cm Turner felt if three feet are to be taken from the sidewalk
area it would mean that people will have to use the bike area
for walking and bike riding and too many uses in an area may
render it useless.
It was noted that the proposed bike trail will be behind the
sidewalk area and that the three feet will not come from the
sidewalk.
Cm Futch stated that it should be made clear that the Council
feels a combined bikeway and sidewalk is not appropriate for
East Avenue.
Roger Everett, member of the Livermore Bikeways Association,
stated that the Association had an opportunity to respond to
the County's original 120 ft. recommendation and the Assoc.
made recommendations against the off-street plan suggested by
the County. In the meantime, it appears that there is not
adequate width for the 120 ft. recommended by the County and
the position of the Association is that the City is stuck with
something in the nature of a 104 ft. right-of-way and would like
to point out that if the City is going to lock in a 104 ft.
right-of-way, or something similar to this width, that the
City install a curbed lane at least 10 ft. wide which could
double as an emergency parking lane and would allow a bike
rider to go around a stalled automobile. It is felt that a
minimum of 10 ft. would be required for this purpose and he
offered suggestions for accomplishing this.
J
CM FUTCH MOVED THAT THE COUNCIL INSTRUCT THE STAFF TO INFORM THE
COUNTY THAT THE COUNCIL FEELS A 10 FT. BIKE PATH ALONG EACH SIDE
OF EAST AVENUE SHOULD BE PROVIDED FOR AND THAT THE BIKE PATH, IN
CONJUNCTION WITH THE SIDEWALK, IS NOT APPROPRIATE AND THAT THE
CM-29-302
March 3, 1975
(Report re East Avenue
Future Width Lines)
WIDTH SHOULD BE 108 FT. OR WHATEVER THE COUNTY FEELS IS NECESSARY
TO GET THE 10 FT. INTO THE PARKING LANE, SECONDED BY CM MILLER.
~..
Cm Futch explained that his motion relates only to the on-street
bicycle path.
HE CLARIFIED THE LAST PORTION OF HIS MOTION BY SAYING THAT WITHIN
THE 108 FT. RIGHT-OF-WAY THERE SHOULD BE A 10 FT. BIKE PATH ON EACH
SIDE OF EAST AVENUE, WITHIN THE STREET, AND IT IS NOT APPROPRIATE
TO PROVIDE A BIKE PATH IN CONJUNCTION WITH THE SIDEWALK.
Mayor Pritchard stated that he would like to explain that he feels
the motion is, in essence, setting width lines for East Avenue and
the reason he will vote against the motion.
CM FUTCH STATED IT WAS CLEARLY THE INTENT THAT HIS MOTION REFLECTS
THE DESIRE OF THE COUNCIL AND NOT APPROVING A PARTICULAR WIDTH LINE.
MOTION PASSED 4-1 (Mayor Pritchard dissenting) .
REPORT RE PAY
IN LIEU VACATION
(Blalock)
The City Manager reported that a request has been received from
and employee requesting 40 hours pay in lieu of vacation for
personal reasons and this procedure is specified under Article XI,
Section 2 (d). It is recommended that a motion authorizing this
request be adopted.
ON MOTION OF CM FUTCH, SECONDED BY CM TIRSELL AND BY UNANIMOUS
VOTE, THE REQUEST FOR IN LIEU PAY WAS APPROVED.
REPORT RE RECLAMATION
PLANT FLOWS
A report was submitted by the Director of Public Works relative
to the flow status of the Water Reclamation Plant and the planning
for capacity expansion, and Mr. Lee gave an oral report concerning
this item. He stated that he inadvertently omitted a potential
industrial development (Sears) consisting of an estimated .03 MGD
or the equivalent of 100 homes. This development would bring the
reserve capacity down to .14 MGD. There are assessment districts
in the Springtown area and there are about 500 acres of undeveloped
property in that area as well as about 84 acres in Wagoner Farms.
At an estimated 3 d.u./acre for these undeveloped 584 acres it
would mean an additional 1,800 units. He stated that in addition
to the plant flow he took note of the discussion the Council had
relative to the available capacity that might be authorized by the
EPA and the fact that an amount equivalent to a 132,000 population
may be assigned to the valley. He consulted with our plant consult-
ing engineers, and based on information given to them they prepared
an estimate of cost to provide added capacity at the plant in two
increments. The first increment would be 2.5 MGD, which is a
logical increment because of the units already been built. The
costs are included in his written report to the Council and he has
recommended that the Council apply for the 2.5 MGD capacity increase.
Cm Tirse1l stated that she was not of the impression that the EPA
had made a firm commitment and that we are not working with a concrete
figure as to what the EPA is willing to fund, as yet. Also, it is
apparent that we need other information, such as what will be funded
on the high priorities such as the VCSD grant of $8.2 ~il1ioR. If
M6-D
~
CM-29-303 ~
March 3, 1975
(Report re Reclamation
Plant Flows & Capacity)
they are granted that amount and the EPA is firm on this number,
that would be all the funding allowed. There are several pieces
of information missing and she felt unprepared to make a decision
until she is more apprised of what the situation is with EPA AND
MOVED TO TABLE THIS ITEM UNTIL THE CITY CAN COMMUNICATE THROUGH
LAVWMA AND THE EPA.
J
Cm Miller stated he prefers that Cm Tirsell not move to table the
item because such a motion eliminates any further discussion and
CM TIRSELL RESTATED HER MOTION TO CONTINUE THIS ITEM UNTIL THE CITY
CAN COMMUNICATE THROUGH LAVWMA AND THE EPA, SECONDED BY CM TURNER.
Cm Miller stated that Cm Tirse1l has made a very good point in that
135,000 has not been made a firm number. As to her suggestion that
there are other issues, he would like to mention what he feels
should be considered with regard to pursuing something else. The
135,000 bandied about is not consistent with any of the Department
of Finance's E-O projections that are supposed to be used by the
State Water Resources Board and the EPA. It turns out that for
Alameda County the growth rate projections, using E-O, are less
than 1%, per year. In the State of California the E-O projections
are less than .7 of a percent a year, averaged over the whole state.
The 132,000 corresponds to l~% and the implication of this is that
Alameda County's population is being concentrated in not only the
worst part of the county for air quality but also for the worst
part of the whole air basin. There is something "dead wrong" with
the way these numbers are being assigned and it seems the City
of Livermore should pursue what the State Water Resources Board,
the EPA and State Department of Finance uses as a figure (135,000)
because the number for 20 years at the Alameda County rate is less
than 120,000 based on our present population. CM MILLER MOVED TO
AMEND THE MOTION TO ADD THAT THE COUNCIL CONSIDER SENDING REPRESENTA-
TIVES AND/OR LETTERS TO THE THREE AGENCIES MENTIONED IN AN EFFORT
TO HASH OUT THE PROJECTIONS AND WHERE THEY ARE GETTING THEIR PROJEC-
TIONS THAT WOULD ALLOW 135,000 PEOPLE IN THE VALLEY, SECONDED BY
CM TURNER.
Cm Futch mentioned that he would like to write the letter to
be sent to these agencies.
Mr. Lee stated that he will readily admit that there are many
answered questions about this item and one concern of his is that
if the City waits several months to get a firm commitment, we may
never get such a statement and the only way this may become a fact
is when they allow additional capacity. If we wait around for some-
thing firm it will very likely never materialize and we will find
this out after someone else has the capacity.
Cm Miller felt the point made by Mr. Lee has merit - not that
we should approve an application but in any letter or discussion
with these people it should be pointed out that if they are going
to distribute the population in the valley they are going to in-
sist on viola4ing the air quality guidelines and we should get
some portion of the capacity.
AMENDMENT PASSED BY UNANIMOUS VOTE; MAIN MOTION PASSED UNANIMOUSLY.
REPORT RE COMMUNITY
DEVELOP. ACT FACILITY
-..-/'
The City Manager reported that a decision must be made as to the
location of the proposed multi-purpose service center funded by
CM-29-304
March 3, 1975
(Community Develop.
Act Funding)
the Community Development Act grant. Two sites have tentatively
been suggested: 1) LARPD recreation center at 8th & H Streets,
and 2) the community park Civic Center property.
~
ON MOTION OF CM TIRSELL, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE
THE MATTER WAS REFERRED TO THE PLANNING COMMISSION FOR RECOMMENDATION.
REPORT RE VALLEY
MEMORIAL HOSPITAL
Cm Tirse1l and Turner have met with the members of the Board of
Valley Memorial Hospital and City staff members to discuss plans
for the hospital and its intention to construct a new facility in the
western sector of the valley.
CM Turner stated that the representatives have not had the oppor-
tunity to speak with everyone they wish to talk to at this time
AND MOVED THAT THE ITEM BE CONTINUED, SECONDED BY CM TIRSELL AND
PASSED UNANIMOUSLY.
REPORT FROM DESIGN
REVIEW COMMITTEE RE
SITE PLAN REVIEW, ETC.
The staff has recommended that the report from the Design Review
Committee concerning site plan review and design review functions
be referred to the staff for preparation of amendatory policy state-
ments and/or ordinance drafts for later referral to the various bodies
concerned such as the Design Review Committee, the Planning Commission
and the Council.
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE THE MATTER WAS REFERRED TO THE STAFF AS RECOMMENDED.
COMMUNICATION FROM
DESIGN REVIEW COMMa
RE SEMINAR
The Design Review Committee wrote to the City Council informing
them of a seminar to be held on Friday, April 4, 1975, in San
Francisco, on liThe Design Review Process". The Committee recom-
mended that Mr. Street and a Committee member attend this seminar.
Cm Miller wondered if there would be merit in having more than
one member of the Committee attend the seminar with Mr. Street.
CM MILLER MOVED THAT THE COUNCIL APPROVE ATTENDANCE OF THE SEMINAR
BY MR. STREET AND TWO COMMITTEE MEMBERS, SECONDED BY CM TURNER AND
PASSED UNANIMOUSLY.
REPORT RE PROPERTY
ACQUISITION - FIRST ST.
& LIVERMORE AVENUE.
The City Manager reported that a delay in the improvements for the
First Street-Livermore Avenue intersection have been delayed because
of dispute over a settlement for right-of-way. The owner has agreed
to a settlement which is $2,500 higher than the appraisal made by
the state for $67,500. The City would pay the additional $1,670 and
the state would contribute $830 and it is recommended that the Council
approve this property acquisition settlement.
CM-29-305
March 3, 1975
(First St./Livermore
Avenue Intersection)
The City Attorney commented that it is his impression that if the
Council intends to expend public funds shuch should be done by
resolution; however, if this is only a preliminary approval and
an o.k. for the staff to go ahead and make confirmation and later
adopt the expenditure later, by resolution, this would also be
appropriate. If this is the case a motion would be satisfactory
at this time.
J
Mr. Parness commented that the Council has already enacted a
joint contract with the state for this project and the staff is
now asking that they indicate their favor for this input.
CM MILLER MOVED THAT THE COUNCIL APPROVE THE PROPERTY ACQUISITION
SETTLEMENT WITH FINAL DETAILS TO BE DONE BY RESOLUTION, SECONDED
BY CM TIRSELL AND PASSED UNANIMOUSLY.
Prior to the motion Cm Turner asked if this property would be used
for the m1n1 park which is planned in the area and Mr. Parness
replied that acquisition has already been made for the site that
will be used as a park and that this acquisition will be used,
primarily, for the correction of the street alignment.
ORD. RE BUILDINGS
Cm Miller stated that introduction of the ordinance for the
Municipal Code amendment amending Section 6.2.3, regarding
Survey of Article I, regarding General Provisions, of Chapter
6, regarding Buildings, corresponds to the formalizing of the
property markers and that this portion is included in the
policy which has been continued.
CM MILLER MOVED THAT THIS ITEM BE CONTINUED UNTIL THE POLICY
HAS BEEN DISCUSSED, SECONDED BY CM TURNER AND PASSED BY UNANIMOUS
VOTE.
ADJOURNMENT
Mayor Pritchard adjourned the meeting at 10:55 p.m. to an execu-
tive session to discuss appointments to committees and the Planning
Commission.
~~~
ayor
APPROVE
ATTEST
~~~L
ity Clerk
01 vermore, California
.-.../
CM-29-306
Special Meeting of March 10, 1975
A special meeting was called by Mayor Pritchard to convene at
12:00 noon at the Livermore Mortuary, 3070 East Avenue.
The purpose of the meeting was to adjourn the special meeting
to an executive session to discuss personnel matters.
~/
Due to lack of a quorum, no meeting was held.
'\
. \ CJ. ty Clerk
Ltvemore, California
ATTEST c_lJ:?
Regular Meeting of March 10, 1975
A regular meeting of the City Council of the City of Livermore
was held on March 10, 1975, in the Municipal Court Chambers,
39 South Livermore Avenue. The meeting was called at 8:07 p.m.
with Mayor Pritchard presiding.
ROLL CALL
Present: ern Turner, Miller, Futch, Tirse11 and Mayor Pritchard
Absent: None
PLEDGE OF ALLEGIANCE
Mayor Pritchard led the Councilmembers as well as those present in
the audience, in the Pledge of ~llegiance.
f..UNUTES
February 24, 1975
Page 279, fifth paragraph: Cm Futch commented that this particular
paragraph was a question and really should be reworded as follows:
Cm Futch questioned the reason for delaying improvements on Wax1ax
Lane and this is not the City's normal policy? Mr. Lee stated...etc.
Page 284, sixth paragraph from bottom, sixth line should indicate
that 20 ft. were taken from the City - not 40 ft.
ON ~lOTION OF CM MILLER, SECONDED BY CM FUTCH AND BY UNANIMOUS VOTE,
THE MINUTES FOR THE MEETING OF FEBRUARY 24TH WERE APPROVED AS
CORRECTED.
SPECIAL ITEM - ANNUAL
COUNCIL REORGANIZATION
According to Council procedures, there is an annual reorganization
of the Council with selections for Mayor and Vice Mayor, on the
second Monday in March.
Mayor Pritchard declared the floor open for nominations for Mayor.
'~ CM FUTCH MOVED TO NOMINATE MAYOR PRITCHARD TO SERVE AS MAYOR FOR
AN ADDITIONAL YEAR, SECONDED BY CM TURNER.
There were no other nominations for Mayor. MOTION PASSED UNANIMOUSLY.
CM MILLER MOVED TO NOMINATE CM TURNER FOR VICE MAYOR, SECONDED BY
MAYOR PRITCHARD. MOTION PASSED 3-2 (Cm Futch and Tirse1l dissenting).
CM-29-307
March 10, 1975
OPEN FORUM
(re North 1-580
Citizens & Area)
Francis Harper, representative of the North 1-580 Citizens Group,
stated that they have drafted letters to be sent to the City Council,
LAPRD, the School District, the County Supervisors, LAFCO, ABAG, .~
Assemblyman Mori, the State Department of Education, Governor Brown,
Congressman Stark and all the news media, concerning the fact that it
has been a mistake to develop North 1-580 and it is the responsibility
of the City, and the School District, to recognize this area as an
equal part of the City. She then played a recording of children
singing "This Land Was Made for You and Me", and asked that the
City take a stand for the children of this community.
Cm Miller stated that he was uncertain as to what the North 1-580
Citizens Group's stand is and Mrs. Harper stated that their stand
is what the City of Livermore has done to them and that they do
not want to debate the issue any longer with the City. They have
asked for the City for help and no longer "look up" to the Council.
Cm Turner stated that perhaps it would be in order to ask the City
Attorney to comment on the park acquisition status if this is what
the Group is referring to.
Mr. Logan stated that Mr. Bevilacqua has recently retained an attorney
and this should speed up proceedings and it is Mr. Logan's impression
that the attorney would like to talk settlement rather than for the
matter to go to court.
Cm Miller stated it is not clear whether the Group is unhappy over
the state of the park acquisition or this along with other problems
but the City has been trying to get a park for these people since
dealing with Kissell (Bevilacqua's successor) and Kissell indicated
they were willing to dedicate the land to the City but it turned
out that they did not own the land and the City was mislead. It
has been necessary for the City to condemn this property and this
is a slow process.
MOTION TO TABLE
AGENDA ITEMS
Mayor Pritchard stated that Item 4.7 concerning rate increase for
PG&E service is now a moot point because a hearing by the PUC has
been refused.
It should also be noted that the Senior Citizens Committee has
requested that Item 6.5 regarding senior citizen funding be
tabled.
ON MOTION OF CM MILLER, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE THE ABOVE MENTIONED ITEMS WERE TABLED.
PUBLIC HEARING RE
GEN. PLAN AMEND.
RE PLANNING UNIT #12
\
Mr. Musso explained that the Council and Planning Commission have
spent over a year studying Planning Unit il2 (Portola Hills area)
with respect to the question of density and the public hearing
was advertised to include consideration of density as well as
possible change in land use designation along 1-580. The Planning
Commission held a public hearing, reports have been written and
a Negative Declaration with respect to environmental impact has
been filed.
----/
CM-29-308
March 10, 1975
(
~/
(P.H. re PU #12)
Originally the Negative Declaration was written with the intent
of approximately 1/2 d.u./acre in the hilly areas with lower
density along the freeway in the flat areas. There have been
a number of alternatives and one of the major suggestions was
for commercial or industrial along 1-580. This was resolved
by the Planning Commission on the basis that with the amount
of freeway going through the valley it would not be feasible to
allocate nonresidential to these areas. In meeting with the Noise
Committee and visiting the area it was felt that the noise problem
along the freeway is not as significant as it is along some of our
major streets where residential areas exist. The highest decoibel
level noted in this area was 70 while along Holmes Street it is
over 85 decibels. It was felt that residential could be allowed;
however, other uses were not ruled out. It was felt, after consider-
able discussion, that density for the hilly area could be a function
of subdivision design rather than to set a specific density. The
ultimate discussion was on the General Plan amendment and a representa-
tion of the map on file which is the boundary between the 2 and 3
d.u./acre. The area from the freeway into the Los Altos Hills sub-
division and the Ensign-Bickford property was changed from 4 d.u./acre
to 3 d.u./acre and primarily the Ensign-Bickford property remained at
3 d.u./acre. The remainder of the area was reduced from 3 to 2
d.u./acre.
Cm Futch asked if the primary reason for reduction in density was
because of the steep hills and Mr. Musso indicated that this was
the reason.
A letter was received from Arthur Bellman, representing Judge
William H. Gale, Jr.; Mrs. Genevieve S. Fraser; Dr. Paul W. Schriber;
Dr. Dalzell J. Potter; Alan J. Andersen; H. A. Martin; and Arthur
Bellman, property owners, stated that it will be a long period of
time before their property can be developed as a subdivision and
the land is presently completely undeveloped. They would protest
any change in the General Plan Amendment that would affect their
property now and which would hamper efforts to develop.
A letter was also received from E. A. Goldberg, Vice President
of Ensign Bickford Realty Corporation, in which it is requested
that the Ensign Bickford property be considered separately from
the northerly hill because it is very different in character from
the hills to the north. Attached to the letter was a report from
Gruen Associates, Land Planning Consultants, concerning the Plan-
ning Department's report concerning this area.
Cm Tirsell asked if the density for the General Plan Amendment
for PUD #12 were reviewed by Grunwald and Crawford, our consultants,
and Mr. Musso replied that it has been referred to them but they
have not responded.
Mr. Musso illustrated the area changed from 3 d.u./acre to 2 d.u./acre
and noted that the number of schools were reduced to two.
l
There was some discussion regarding decibel levels and Mr. Musso
stated that it was generally felt that there is adequate space
to develop at higher densities and that higher density would best
adapt to a freeway location. The buildings can be designed more
economically and structured in such a way that the noise can be
minimized. The only unresolved aspect was where the buildings
should be located and where the open space should be.
Cm Miller wondered if any consideration had been given to the amount
of smog that would collect in these hollows and Mr. Musso indicated
this was discussed and early in the discussions it was determined
that carbon monoxide would not be a problem because it dissipates
rapidly with distance.
CM-29-309
March 10, 1975
(P.H. re General Plan Amendment
re Planning unit No. 12)
Mr. Musso stated that one of the alternatives would be to leave
this land in open space. He added that the state Division of
Highways has been asked to respond and they have adopted a three
step program as follows:
1.
To take care of properties that were developed before the
state adopted this area as a freeway route and to take
care of noise problems and other factors.
2. Take care of those properties that have developed since
the freeway was developed - which is most of the develop-
ment which has taken place.
J
3. To take care of everything else.
The state indicated they have no intention of purchasing the
property in question.
Cm Tirse1l wondered if there is any legislation prohibiting develop-
ment within certain decibel levels and Mr. Musso indicated that he
knows only of HUD restrictions and these are not really restrictions
but rather additional requirements. The development in P1easanton
is evidently required to provide buffers of some type.
Cm Tirsel1 asked if FHA could do anything and Mr. Musso stated that
they could also require buffers but that is all he knows of.
It has also been suggested that the area remain agricultural until
something else comes along.
Cm Tirsel1 asked if the Planning Commission is recommending resi-
dential after discussions of noise levels and pollution levels
and Mr. Musso stated that they feel this would be the best
feasible use. There are other uses that would be good but not
necessarily feasible - such as a golf course or cemetery.
Mayor Pritchard opened the public hearing at this time and the
City Clerk reminded the Council that letters were received by
property owners, mentioned above.
J. N. Smith of Walnut Creek, representative of a property owner
of 18 acres between Las positas Road and the freeway, stated
that he has been before the City Council and the County Planning
Commission as well as the Board of Supervisors and the only posi-
tive report came from the County who felt that their plan was
satisfactory, and would be along the lines suggested, which
would be for a public storage area. Such a proposal would not
affect the sewage or water for Livermore and it is felt that
the proposal is good. In their opinion (representative and
property owner) the last thing that should go in this area
would be residential and they feel that there isn't anyone who
would want to live adjacent to the freeway. He asked that the
Council help them come up with an idea for development other
than residential so that the area can be developed by them.
Mr. Smith mentioned at this time that he represents Loma Linda
University.
John DeVenchenzi, stated that he owns 150 acres of land in this
area with a partner and is inclined to agree with Mr. Smith
in that he knows of no reason to develop residential along
the freeway and would really like to see alternative proposals
for development. When the property was purchased they did not
anticipate the sewage problems Livermore is faced with along
with inflation and the taxes they are paying for the property
and feel it is very unfair that they are not able to develop,
and cannot understand the reduction in density and that 2 d.u./
acre on the hill is an injustice. If density is cut from the
top, more should be allowed below.
I
~i
CM-29-310
March 10, 1975
L)
(P.H. re GP Amendment
re Planning Unit No. 12)
He asked if there is any possibility that annexation of this property
might take place sooner than three years and Mr. Parness replied
that the last annexation in this general area was in the Los Altos
Heights area and that some de-annexation took place also.
Cm Miller stated that annexation can take place at any time but
feels that annexation, in itself, would be of little help to him
unless he would like to put his property into the Williamson Act
and the City would cooperate if he wishes to do this.
Mr. DeVenchenzi stated that the hill is developable and is a
beautiful area for homes and feels it is an injustice to cut
the density in this area. There are very few sites in Livermore
where residential development can overlook the City and this is
one of them.
Juanita Vidalin, owner of property adjacent to the Bellman
property, stated that this property would probably be developed at
the same time the Bellman property develops and as a unit which
would alleviate the slope problem and utilize the entire area to
its best advantage. Also, if the density is cut too low it would
be planned as to what the terrain would permit. She stated that
she owns about six acres of land and her parents own about 25 acres.
Mrs. Wornow, representing owners of 44 acres, stated that their
architects have been trying to work with the Planning Commission
and City Council for the past 10 years and the density has been
cut recently from 3 d.u./acre to 2 d.u./acre and presented a
sketch of plans for development of the area.
Mayor Pritchard asked Mrs. Warnow if development is planned if
the density is 2 d.u./acre and she indicated that they will develop
to whatever maximum is allowed.
Lloyd Haines, representing Ensign Bickford, stated that the Council
has seen their plans, they have a good project and can live with
the City's proposal at present and urged that the recommendation
of the Planning Commission be adopted.
Mr. Ruggles, representing Amador Associates, stated that they
own land near North Livermore Avenue and north and south of
Las Positas Road. , and would like to know if the planning con-
sultant has made a recommendation as to what should be done with
this area or if the Council is holding a public hearing for the
purpose of making recommendations to the consultant. He stated
that he is not sure what is happening where the consultant is
concerned and what procedures are taking place in connection with
the General Plan Amendment.
Mr. Musso stated he feels this was intended to be an interim
amendment, by the Planning Commission, and the final recommenda-
tion by the Consultant is still some six months away, and up to a
year away for the entire plan. The P. C. felt this could be used
as an interim measure and the density could always be changed later.
'~.
Mr. Ruggles indicated he was of the impression that the consultant
had been asked to make a recommendation on these particular areas
much sooner than six months and Mr. Musso stated the Council did
refer the Planning Units 11 and 12 to the consultant but the P.C.
has not received the consultant's letter and the P.C. is recommend-
ing that there be a moratorium on the Specific Plans until the con-
sultant is finished but they did feel this change should be considered.
There was a motion made by the P.C. to withdraw this recommendation
but the motion failed.
Mr. Ruggles stated they have also hired a consultant to study the
area and would submit there are a number of good alternatives to
CM-29-311
March 10, 1975
(P.H. re GP Amendment
re Planning Unit No. 12)
be considered and are feasible; single family residential at low
density is not one of them. He stated that they would like to
work with the City and try to come to an agreement as to the use
because otherwise nothing is going to work. He stated that he
feels the Council's judgment in reducing the density is that this
works against the Council's desire for open space. Most of the
present day land planners make development as dense as possible
in areas where development is desirable, therefore using less
land to accommodate the same number of people. However, as he
understands the implementation of the suggestion of the Planning
Commission the Council would be going in the other direction and
talking about using more land to accommodate the same number of
people and would feel that it would be in the City's best interest
as well as the buying public to get the economies of increased
density rather than decreased density. He then urged that the
Council postpone action on this until the consultant has submitted
his input.
)
-../
CM MILLER MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY CM TURNER
AND PASSED UNANIMOUSLY.
Cm Miller stated that he understands Mr. Ruggles' concept of pro-
posing that the Council postpone action until the City has heard
from our General Plan consultant; however, if the City is seriously
considering lowering the density for this area it should be done
at this time before the moratorium comes to an end and feels there
is merit in following the recommendation of the P.C. for an interim
General Plan amendment. In reviewing the P.C. minutes connected
with PU #12, it appears that the recommendation by the P.C. is
still a relatively high density for this area in the sense that
for many years the developers have been saying that high density
belongs on flat land and the lowest density belongs in the hilly
areas. Somehow it does not seem reasonable to plan 2 d.u./acre
on hilly areas when it is 1.5 d.u./acre on the low rolling and
relatively flat areas in the southern part of town. Originally
the northern part of town was supposed to have been lower density
than it presently is and it would seem that a reasonable density
for PU #12 should be 2 d.u./acre, overall. There are various
ways to accomplish this and one is to put density labels on
the map and to cut the density to what the P.C. has recommended
or the other possibility would be to set a holding capacity that
corresponds to a density of 2 d.u./acre, overall, and wait for
the Specific Plans to set final labels as to which parts will
be at what density. He stated that he is still in favor of
the idea that the P.C. came up with before - transfer of develop-
ment rights. He would be willing to consider an overall 2 d.u./acre
to be assigned to all properties so that both the hilly and flat
areas are equal with respect to value of development rights. He
stated that making assignments or having a holding capacity that
corresponds would be his two suggestions. At this point he is
not ready to make a motion.
em Futch stated this item is very difficult because the Council
has looked at all the other Specific Plans and the Council has
postponed them because the big issue was density.
Cm Miller noted that this is not a Specific Plan and Cm Futch
stated he realizes this but the concept of not waiting for
something from our consultant should really be discussed again.
He stated that he would be in favor of adopting the recommendation
made by the Planning Commission.
...-"
CM TIRSELL MOVED THAT THE COUNCIL CONTINUE ALL GENERAL PLAN AMEND-
MENTS AND SPECIFIC PLANS UNTIL THE COMPLETION OF THE GENERAL PLAN
REVIEW, SECONDED BY CM TURNER.
Cm Miller stated he would disagree with the motion because if
there are applications for tract maps in this general area,
CM-29-3l2
March 10, 1975
L~
(P.H. re GP Amendment
re Planning Unit No. 12)
whatever zoning is applied must be consistent with the now
existing General Plan for which he feels the densities are too high.
Cm Miller stated that he feels it would be unwise to postpone, should
there be an application for a tract map in which case the City might
be caught in the trap of having something it ultimately would not want.
We now have the opportunity to lower the densities in this area to
something approaching what he feels they should be and what he would
suspect to be the recommendation of the consultant. There has been
nothing specific suggested by the consultants but there has been
mention of lowering the density.
Cm Tirse11 countered that the City has been on this item for a year,
ahd she has personally discussed this three times. The City has
hired some very expensive consultants to make recommendations for
the entire planning area for the City of Livermore with respect to
densities and does not want to arbitrarily set the density for
one planning unit. She stated that she does not want the Council
to hack away at densities piece by piece but would suggest waiting
to see what the consultants have to say and assign densities in
a balanced logical manner.
Cm Futch stated he would agree with the recommendation by the P.C.
but is also faced with the fact that the City has hired consultants
to help the City come to a decision and therefore will vote in favor
of the motion.
MOTION PASSED 3-2 (Cm Miller and Mayor Pritchard dissenting) .
CONSENT CALENDAR
Payroll & Claims
There were 93 claims in the amount of $115,054.63, dated 2/28/75,
and 305 payroll warrants in the amount of $93,472.64, dated 2/21/75,
for a total of $207,527.27, ordered paid as approved by the City
Manager.
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM TURNER, SECONDED BY MAYOR PRITCHARD AND BY UNANIMOUS
VOTE, THE CONSENT CALENDAR WAS APPROVED.
MATTERS INITIATED
BY THE COUNCIL
(Civic Awards Dinner)
It was noted that a date should be set for the Civic Awards dinner
and the Council selected April 3rd. The Council will later discuss
whether or not their spouses will be invited to attend the dinner.
(Explanation of
Change Orders)
l
Cm Turner asked if Mr. Lee would explain Change Orders for projects
and Mr. Lee stated that change orders are necessary any time plans
and specifications change or are not complete. Sometimes the change
order is used to add something and other times it is used to delete
items.
(Expansion of Arroyo Rd.)
Cm Miller stated that the point was brought up during discussion of
Calvary Temple hook-ups, there seems to be no reason for widening
CM-29-3l3
March 10, 1975
(Expansion of Arroyo Road)
Arroyo Road and it would appear that the reason the County wants
the widening is because they have property on Wetmore Road and
Arroyo Del Valle they want to sell to developers and conversely
widening of the road will encourage development of those parcels.
em Miller stated that he feels the widening of Arroyo Road, beyond
the City limits does not make sense and that the Council should
reflect on this and send notice to the County indicating that
the City does not wish to participate in any projects which would
extend Arroyo Road beyond the present City limits.
Mr. Lee stated the cooperative study the City and County is doing
does not anticipate when the widening of Arroyo Road will take
place and if there is no development, widening may not take place.
Cm Miller stated that one of the things which has prompted his
consideration of this matter is that he has received a complaint
from someone living on "L" Street who is concerned about funneling
four lanes into two lanes on "L" Street which is already too narrow.
He stated he feels this deserves consideration by the Council and
perhaps this should be an agenda item.
,
I
-..-/
(re Telephone Co. Rate
Increases & Rate of Return)
em Miller stated that last week he mentioned the proposed increase
by the Telephone Company and their rate of return and at that time
the Council was not ready to make a decision. Now that the Council
has had time to reflect on the matter he would like to suggest that
the City of Livermore should take the position of suggesting that
that the PUC reduce the rate of return to earlier levels, before
consideration of wage increase for Telephone Company employees
takes place, AND SO MOVED. MOTION WAS SECONDED BY MAYOR PRITCHARD.
Cm Turner stated that he feels objection to rate increases, etc.
should be made as a private citizen and not as a governing body
and that he feels he does not have all the facts involved and there
must be reams of facts concerning justification for the rate increase.
em Miller stated that almost everyone in the City has a telephone,
the Telephone Company is a monopoly, its rate of return is adjusted
by the PUC and it is fairly obvious that there are political con-
siderations involved in lowering and raising the rate of return.
Raising wages is reasonable; however, if the cost of living goes
up faster than your wages it means that you have to do without
but the Telephone Company has had its income increased quite
sharply and not because of any competition but rather because
they do have a monopoly position and PUC can do it for them and
did. It is time for the Telephone Company to "bite bullets" just
as the rest of us are having to do.
Cm Tirsell stated that she would have to abstain from voting on
the motion.
Cm Futch stated that setting the rate structure is a very complex
matter and he would need to know much more than what has thus far
been presented on the matter before he would be able to vote in
favor of such a motion.
Cm Miller asked if he would amend the motion to read TO ASK THE
PUC TO CONSIDER REDUCTION OF THE RATE OF RETURN, would this
satisfy the Council's objection and it was indicated that it
would not.
-..-""
AT THIS TIME THE MOTION FAILED 2-2 (Cm Futch and Turner dissenting
with Cm Tirsell abstaining).
CM-29-3l4
March 10, 1975
(OGO Foundations)
Cm Futch stated there was mention of some of the OGO foundations
being poured too close to the right-of-way and Mr. Lee stated that
this matter has been checked and reported to him that the founda-
tions are located where they should be and that they conform to
the regulations.
L/
em Tirse1l stated that she visited the area and can see no possible
way a bike path can be accommodated because there just is no room
and wondered if what Mr. Lee is saying is that there is room for
a bike path plus a 108 ft. easement from the edge of the existing
building and Mr. Lee stated that the City anticipated only a 104 ft.
easement but the 108 ft. easement will mean that there will be only
8 ft. between the property line and the face of the curb and there
is an easement beyond the property line and supposedly there is
enough distance for the bike path.
Cm Tirsell stated that she plans to measure this area herself as
soon as the mud dries and she can get into the area but is sure
there is not sufficient room for the bike path.
Mr. Lee stated that if there is still some question he will have
it measured and a plot map prepared as to exactly what is there
and will report back to the Council.
Cm Futch felt this item should be checked very carefully and as
soon as possible and Mr. Lee indicated that this would be done.
(Stolen City Vehicle)
Cm Futch stated he understands a City vehicle was stolen because
keys were left in the glove compartment and Mr. Parness stated
that the keys were left in the car but the driver thought the keys
were well hidden. Proper disciplinary action has been taken and
methods have been employed to correct this situation and he assured
the Council that this would not happen again.
(Concannon/Holmes St.
Traffic Signals)
Cm Futch asked Mr. Lee the date the traffic lights for the intersec-
tion of Concannon Boulevard and Holmes Street are to be installed
and Mr. Lee stated that notice has been received just today that
construction should begin within a week. The contractor has been
selected and has been in contact with the City.
(Regional Water Quality
Control Bd. Meeting)
Cm Futch stated that the Regional Water Quality Control Board is
going to have a meeting with reference to the Pleasanton plant
and wondered if someone should attend the meeting. He stated he
would be interested in knowing how many additional units are being
added and how expansion of their existing plant might affect LAVWMA's
and our projections. Perhaps this is for a small amount but he felt
it is of interest because of restrictions in the valley and the possi-
bility of polluting the underground.
Cm Miller stated that Pleasanton's sewer plant is a disgrace and
has been for some 10 years but the problem for Livermore is that
additional permits imply more smog in an area upwind from us and
it seems unreasonable to allow further connections to a totally
inadequate sewer plant, and because of those things mentioned by
em Futch and he stated that he feels the Council should take
a position opposing any change in the cease and desist order
at this time.
CM-29-3l5
March 10, 1975
(Regional Water Quality
control Board Meeting)
em Futch stated that he would prefer the Council ask that a
decision not be made until after LAVWMA and Zone 7 have been
formed as to the facts and whether or not the discharge will
the same requirements being imposed upon other communities.
would prefer that the Council take this approach.
em Turner noted that it is Council policy that there be no motion
or action taken on something that is not an agenda item and it
was suggested that this item appear on the next agenda.
in-
meet
He
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(ABAG Hearing re
Gelderman's Development)
Cm Tirsel1 reported that on the ABAG hearing concerning Mr.
Geldermann's Las positas development, he has been granted an
hour and a half, starting at 3:00 p.m., Wednesday, March 12th.
Cm Tirse11 stated that-she has been told that this has been
advertised like a public hearing and it would not be fair to
call upon Livermore for testimony prior to the supper hour
because many of our citizens would not know that the hour
had been changed. Therefore, Livermore's testimony will be
after supper.
(First St. Cruising)
Mayor Pritchard stated that when the item of Friday and Saturday
night cruising on First Street was brought up he wanted to be
fair and take a cautious approach to the situation. Since that
time he has done some investigating on his own and spent some
time observing, in great detail, some of the things happening
and also where some of the young people are coming from and
has come to the conclusion that: 1) approximately 50-75% of the
cars are from out of town; 2) though it is alright to cruise if
one is obeying the law it is apparent that some of the young
people have assumed that they have license to destroy public
and private property every Friday and Saturday night. One of
the automobile dealers along First Street has threatened to
tear out his trees and lights, after spending about $70,000
on landscaping, because of the damage done to his property.
Mayor Pritchard stated that he cannot blame him and that the
dealer was very irate the last time he spoke with him. The
dealer had the impression that the Council had asked the Police
Department to be "softll with the cruisers and Mayor Pritchard
stated he feels this is not the Council's attitude. The atti-
tude is that if they are breaking the law the Police Department
is to take care of them as they are supposed to. He wondered
if there are any suggestions as to how the Council could make
it clear that destruction will not be tolerated nor will flout-
ing of the law.
Cm Miller felt the Council's general view about cru1s1ng was
that it is alright as long as laws are not being violated
and that the Police should not select cruisers and stop them
for reasons they would not stop other people and that they
should not be unnecessarily stopping cruisers. On the other
hand, the law should be equitably enforced and people who are
not obeying the law should be punished.
Mayor pritchard felt things are really getting out of control
and asked that Mr. Parness convey this to the Police Department
and state the Council's position.
---./"
CM-29-3l6
March 10, 1975
RECESS
Mayor Pritchard called for a brief recess after which the Council
meeting resumed with all members of the Council present.
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Vi
COMMUNICATION REGARDING
CURBSIDE DELIVERY
Senator Alan Cranston, in response to the instructions that post-
masters may extend door-to-door delivery service to new or extended
housing developments if the frontage does not exceed fifty feet
and the setback does not exceed thirty feet, wrote to say that
he very much regrets that he cannot help with the situation as
new legislation to reverse this instruction would probably lead
to another hike in postage rates and the Federal budget is already
under a severe strain.
Mr. Parness stated that this item is hard to follow because he
is getting conflicting reports. He is being told that this is
regional policy and also being told that this is not correct but it
is a national postal pOlicy. He has also been told that it is
at the option of the regional postmaster, which in our case happens
to be Oakland, and in other regions it is not being enforced. He
added that he is very disappointed with the response from Senator
Cranston.
Cm Tirsell stated that this seems to have been an arbitrary de-
cision made by the postmaster in Oakland and creates unequal
treatment among our citizens and she wondered if there would be any
value in asking Fremont and some of the other neighboring cities
to join Livermore in pressuring the Oakland postmaster along with
Senators Cranston and Tunney.
Cm Tirsell stated that she has been told by someone who obtained
the postal regulations that this person's definite impression is
that it is discretionary and it is particularly unequal treatment
because she has to pick up her mail at the post office and pay
extra for a box and is only allowed delivery at the post office
box five days a week while people getting service at home receive
mail six days a week.
Mayor Pritchard stated he is getting more and more calls every day
from citizens who are unable to pick up mail at the post office
and there are no post office boxes available and sometimes they have
to stand in line for an hour to get general delivery mail. He
added that Senator Cranston underlined the word ~ay extend door-
to-door service and this would indicate that it 1S discretionary
and if this is true he would like to see every bit of pressure
the City can bring to bear upon the postmaster.
The City Clerk mentioned that there is one other problem which
may exist and that is that the post office does not make deliveries
in a subdivision until a certain percentage of the homes have become
occupied.
Cm Miller stated that the problem in passing an ordinance of this
kind is that the post office wins - next year everybody has to have
curbside boxes and they won't deliver mail to your house.
.~
Mr. Parness stated that he would like to see the Council adopt a
policy and standard which would permit an encroachment permit to
allow the installation of curbside boxes and Cm Miller pointed out
that once they are installed they will'never be removed.'
Cm Futch suggested that the City find out why people are not getting
delivery and if it is because of a vacancy factor this is something
different. The Council would not want to proceed with action for
the wrong reasons.
(
CM-29-317
March 10, 1975
(Curbside Mail Delivery)
Cm Miller wondered if it would be possible to pursue some kind
of injunction against the post office department because of
inequities and Mr. Parness stated that one city is doing this.
The City Attorney stated that there is no reason for our City
to do anything because if Grover City wins then it is almost
sure that our City could win too. We will have to put pressure
on the post office people because there would be case law in
support of whatever we wish to do.
Cm Miller wondered if there would be merit in putting pressure
on the Post Office Department from two jurisdictions and two
different areas - maybe one judge would be better than another
judge.
Mr. Logan stated that this could be done but if the two jurisdic-
tions receive two opinions it would have to be appealed and we
would again be in the same hassle. Grover City is in the federal
court now and they are pursuing it in the proper court and there
are enough interested parties involved to give them a fair representa-
tion. If they win we will all probably win.
J
ON MOTION OF CM TURNER, SECONDED BY MAYOR PRITCHARD AND BY UNANI-
MOUS VOTE THE COUNCIL ASKED THE STAFF TO CONSIDER WHAT CAN BE DONE
ABOUT DELIVERY OF SOME KIND AND A POLICY FOR CURBSIDE DELIVERY.
COMMUNICATION FOR FUNDS
TO PURCHASE LAND FOR
ELDERLY HOUSING
James Concannon, Chairman of the Committee for Community Concerns
has written the Council about the release of $225,000,000 through
Housing and Urban Development funds for construction of buildings.
Interfaith Housing has requested $400,000 for the building of 26
additional housing units for the elderly and would like to request
$75,000 from the Community Development grant, from the City of
Livermore. It is felt there is a great demand for this type of
housing and there are 100 people on their waiting list.
Cm Tirsell stated that this suggestion was voiced at the City's
public hearing concerning the grant and that this is the City's
second priority if the first priority is refused and would
suggest that this be conveyed to Mr. Concannon in writing.
AIRPORT MASTER
PLANNING STUDY
A progress report on the Livermore Municipal Airport Master
Planning Study was submitted to the Council for informational
purposes, and was noted for filing.
COMMUNICATIONS FROM
COUNTY ADMINISTRATOR
Transportation Development Act: SB 2205 provides that up to 2%
of the county's apportionment of Transportation Development Act
funds (TDA) may be made available for pedestrian and bicycle
facilities. The funds will be used for pedestrian and bicycle
facilities unless the Board of Supervisors determines, by resolu-
tion that they could more advanteageously be used for transit
purposes. It is suggested that the City of Livermore submit
comments and recommendations concerning this matter.
)
'-.-/
CM-29-3l8
March 10, 1975
(Transportation Dev.
Act - SB 2205)
CM MILLER MOVED THAT THE COUNTY BE SENT A LETTER ENCOURAGING THE
SETTING ASIDE THE FUNDS FOR BICYCLE AND PEDESTRIAN FACILITIES,
SECONDED BY MAYOR PRITCHARD.
L/
Cm Turner stated that he agrees with this but also feels transit
purposes to be equally important and should be pursued.
Cm Tirsell stated she is in favor of the motion because l~ of
our sales tax goes for public transportation as well as some of
our tax rate.
MOTION PASSED UNANIMOUSLY.
Utilization or Disposal of Arroyo
Del Valle and Wetmore Ranch Properties:
The County has indicated that six bids have been received for the
purchase or lease of the Wetmore Ranch land and the Arroyo Del Valle
property for grazing or open space and all bids have been rejected.
The County Administrator has been directed to work with LARPD and
the Livermore Unified School District to develop further proposals
and report on any other proposal received.
Cm Tirsell stated that she is very concerned over the communication
from the County about the Arroyo Del Valle/Wetmore Ranch properties
and if it is not lost already it would appear that development may
take place in that area. She felt it would be very advantageous
to the City of Livermore to persuade the County to allow the Buenas
Vidas Ranch at the Arroyo Del Valle Sanitarium property. She stated
she can foresee the County urbanizing that area in another pocket
of growth. Cm Tirsell suggested that the City offer technical
assistance to Sally Bystroff in her efforts to prepare a bid for
this property, as she has boundless enthusiasm for this project
and has done everything she could to get the County to allow the
project at Arroyo Del Valle. Cm Tirsell asked if the Council
would be interested in directing the staff to prepare a professional
bid. She stated that, regrettably, it appears that the County is
looking at another proposal and is strongly considering it.
Mayor Pritchard agreed that it would appear the matter is rather
"cut and dried" and that the County is not in favor of the Buenas
Vidas Ranch proposal.
Cm Miller asked if the Buenas Vidas bid is for the whole property
or for just a portion of it and Cm Tirsell commented that the bid
is for several buildings on the lower portion of the property.
Cm Miller felt that the combination of LARPD and Buenas Vidas has
the best chance of Itflying" because LARPD is a public agency and
is willing to provide the lower portion for Buenas Vidas.
Cm Tirsell stated that Mr. Charles Camenson has submitted a bid
on this property and apparently has reasons, other than develop-
ment in mind, for wanting to acquire the property and perhaps
LARPD and the Buenas Vidas people could meet; with'Mr. Cannon to
see what could be worked out.
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Mr. Parness stated that the prospective bidders would have to
investigate as to what the minimum bid might be and whether or
not segregated bids will be allowed.
Cm Tirsell asked if the City could take the initial responsibility
of getting inquiry or response for Sally as to whether or not the
County intends to take segregated bids and the bid closing date
and whether or not the date can be extended to allow organizations
to acquire professional bids and what the bid should include, and
then refer Sally to Mr. Parness? Mr. Parness indicated this would
be appropriate.
CM-29-3l9
March 10, 1975
(utilization or Disposal of Arroyo
Del Valle and Wetmore Ranch Properties)
em Tirsell added that she also intends to bring this item before
the COVA Board on Thursday night because all three communities
involved with COVA have seen the proposal and there may be some
staff help available from someone else. Cm Tirsell felt Sally
needs a professional overlay for a great deal of commitment and
enthusiasm and this thing isn't going to "fly" without it.
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Cm Futch felt Cm Tirsell's comments were very worthwhile and he
wondered whether or not COVA should become involved. This is
something that would be of benefit to the entire valley and feels
it might be appropriate for COVA to discuss this.
Mayor pritchard felt this is particularly true since Buenas Vidas
would be providing a service theCourtty is unwilling Of cart not
perform for people in the valley.
Cm Miller repeated that he feels LARPD should be involved in this
because it would be a qovernmental agency which shOuld have first
claim on the 'property. . Unless' something like this is done there
is no quasi moral, quasi legal, commitment because Buenas Vidas
is not a public agency.
Cm Tirsell stated she would be very happy to have LARPD included
in any bid but would like to know, from Mr. Parness, if Buenas
Vidas and LARPDcould submit a combined bid or ~ould they have to
be separate? Mr. Parness stated that he will check into this.
Cm Tirsell stated that she may be reading between the lines but
detects that LARPD has been "aced out" and Cm Miller stated that
this may be and if one reads between the lines it would appear
that everyone has been Itaced out" except that developer with the
inside track. If this person is to be "derailed" it would be an
advantage to have LARPD involved because Buenas Vidas is a step
lower than LARPD.
COMMUNICATION FROM
B.C. RE JOINT MEETING
A letter was received from the Beautification Committeethartking
the City Council representatives for meeting with them to discuss
the Ancestral Tree Ordinance at their study session. As a result
of the session it is agreed that the City staff will try to see
that the trees are properly maintained and preserved and that
owners of ancestral trees will be notified by the committee.
Cm Miller stated he would agree with the Beautification Committee
in that the Committee should update the surveyor continue the
survey of these trees and that they have indicated they would
like a response from the City. Cm Miller felt the City should
indicate that they should continue the survey and urge the Committee
to continue their good work.
Cm Futch wondered what amount of money would be involved in updat-
ing the 1973 tree survey and it was noted that it would be a nominal
amount - in the order of $100-$200 or at least less than $500.
Cm Tirsell asked if Mr. Parness has found out whether or not the
City can include the ancestral tree notice as part of the deed
so that new owners may be informed when they purchase property
on which there is an ancestral tree and the City Attorney commented
that there are complications involved with this suggestion and that
a final conclusion was really never reached.
;
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CM-29-320
March 10, 1975
(Communication from
B.C. re Joint Meeting)
Discussion followed regarding the types of problems concerned
with getting regulations involving ancestral trees tied into
the deed, etc.
c)
Cm Miller suggested that perhaps there is a way a plaque can
be attached to ancestral trees so that anyone could be aware
of the fact it is an ancestral tree.
Mayor Pritchard stated that maybe there would be some method by
which properties with ancestral trees could be indexed so that
when the residential building report comes up a letter could be
included and sent to the title company and Cm Miller noted that
it is his understanding every property in the City has a folder
filed and the Building Inspector noted that this is correct.
The City Attorney felt this does not answer the issue about the
problems of lessees of properties with ancestral trees. A lessee
would not be informed and there is a possibility that a tree could
be cut down, even though this may not be likely. It may be a good
idea just to tack a sign on the tree to indicate that it is an
ancestral tree and that harm to the tree would be considered a
misdemeanor.
The City Manager was directed to look into the prospects of tagging
the trees and what permanent methods could be used.
COMMUNICATION RE
INDUSTlRAL ADV. COMMa
A letter of resignation was received from Milo Nordyke, Chairman
of the Livermore Industrial Advisory Committee, and noting that
during the past five years the committee has been in existence
there has been substantial industrial growth in our community,
and the assessed valuation in the last two years has more than
doubled. The Committee feels that they were not necessarily respon-
sible for the growth but did playa major role in some instances,
and though he cannot continue to serve on the Committee he feels
its role is more important than ever before.
ON MOTION OF CM MILLER, SECONDED BY CM TIRSELL AND BY UNANIMOUS
VOTE THE STAFF WAS DIRECTED TO SEND MR. NORDYKE A LETTER OF THANKS
FOR HIS SERVICE ON THE COMMITTEE.
Mayor Pritchard noted that for this particular committee each
Councilmember selected one person to serve on the committee and
with the Councilmembers changing it is possible to lose track
of who appointed who and asked how this appointment should be
made.
The Council majority concluded that the appointment should be made
by the Council, as a whole, and the press should be notified that
there is an opening.
Cm Miller felt there should be some research done as to who made
the appointment and allow this person or one member of the Council
to make an appointment, as was done in the past.
'---
Mayor Pritchard stated that if this is done there is the problem
of which Councilmember took whose place and who should make the
appointment.
(
The matter will be'discussed later.
CM-29-32l
March 10, 1975
PG&E NOTICE RE
RATE INCREASES
It was mentioned earlier in the meeting that this matter would
be tabled.
REPORT RE CUP APP.
AMENDMENT - CALVARY
TEMPLE SEWER CONNECTION
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The Planning Commission reported that the Alameda County referral
concerning the application of Calvary Temple for a CUP amending
a previously approved CUP to allow construction of a church building
without connecting to the public sewer. The Planning Commission
recommendation is that the Council deny the requested amendment
to the existing CUP.
CM MILLER MOVED TO ADOPT THE RECOMMENDATION OF THE PLANNING COMMIS-
SION FOR DENIAL OF THE APPLICATION, SECONDED BY CM TIRSELL.
Mr. Hutka stated that as spokesman for the members of his church,
they are confused with the requirements. They have been dealing
with width lines that have not been established and improvements
which have never been seen or heard of by the County Planning
Commission, requested in the agreement. They still wish to hook
up to City sewer when and if they can and would wish to cooperate
with the City in any way.
Cm Tirsell asked about the petition that went to the County Board
of Supervisors and Mr. Hutka stated he knows of no petition and
that any petition was not a church action and Cm Tirsell replied
that she did not mean to imply it was an action by the church
but wondered who had signed it.
Cm Tirsell commented that the strong sentiment of the petition
was that people who signed it do not want the County to widen
Arroyo Road and since it is not the City's intention to widen
the road there may be input allowed as to how wide the widening
should be, in which case, what the Council is recommending might
be adopted.
MOTION PASSED UNANIMOUSLY.
REPORT RE PROPERTY
ACQUISITION FOR
FIRST ST. OVERPASS
The City Manager reported that one of the major pieces of property
necessary for the future First Street overpass is proposed for
acquisition. It has been appraised at $112,000 which is acceptable
as far as the owner is concerned. It is recommended that the City
Council adopt a resolution authorizing execution of a property
purchase agreement.
Cm Futch asked if this was considered at the time the assessment
district was formed and Mr. Parness replied that this is a portion
of the overall major project anticipated several years ago and is
not a part of the assessment district, nor was it ever intended to
be. The project is anticipated to done by state participation to
the extent of 80% and it has been submitted to the PUC for considera-
tion, this year. It did not receive a very high priority but this
did not come as a surprise to the City and it is anticipated that _,/
the project may proceed in three or four years. The $112,000 is
for acquisition of one piece of the site and there is yet another
piece to be acquired.
CM-29-322
March 10, 1975
L!
(Report re Property
Acquisition for First
Street Overpass)
Cm Futch asked if the state participation of 80% is for construction
costs alone and Mr. Parness replied this is correct but it is conceiv-
able that site costs may be reimbursable. The City had to acquire
the site, not only for the construction of the overpass at some
future date, but also for the deposit of borrowed materials.
Cm Futch asked if this is part of our Capital budget and Mr. Parness
stated it is - it is part of the gas tax program. It was not budgeted
this year; it was budgeted last year and was not inserted this year
but funds are available for it.
CM TURNER MOVED TO ADOPT THE RESOLUTION, SECONDED BY MAYOR PRITCHARD.
Cm Tirsell stated we are acquiring parcels "A" and "B" on the map
and asked about the curved line and Mr. Parness explained that the
curved line is the construction easement and is being obtained
without cost. It will be rescinded at such time as we acquire the
adjacent property, which is under negotiation now.
Cm Tirsell stated that parcel "C" is being negotiated and Mr.
Parness replied that this is correct. We had to get into the
site and obtain the right-of-way to get the material in. We
have the right-of-way which is a part of the Henderlong proposition.
Mr. Parness stated that this is an important step because this
commits the City to this phase of the program and this phase
was studied in great depth for many years. This phase, together
with the other end of the project (Murrieta Blvd.) is very important
and the state is interested in it and we have received approval from
CAL TRANS several years ago to participate in this improvement. When
it did not proceed it was repealed but they do want it to proceed so
it is an important undertaking. We must obtain this property to
realize this improvement.
Cm Futch stated he realizes this is important and was discussed by
other Councils but it is a very large commitment and he is not aware
of what details are involved.
Mr. Parness stated that this will allow the eventual realignment
of First Street onto the vacated S.P. right-of-way and the inter-
connection of "A" Street on the south side of the City to this
overpass. Fourth Street has been suggested and a great deal of
manhours have gone into the planning of it - interconnection of
the south-eastern portion of the City to Highway 84.
MOTION PASSED 4-1 (Cm Futch dissenting) .
Mayor Pritchard asked the City Attorney if he has read the contract
and Mr. Logan stated he has read it and the resolution authorizes
the Mayor to sign the contract. He stated that it is a short form
agreement and there is nothing in it that should pose a problem.
RESOLUTION NO. 45-75
A RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT (Henderlong Property Acquisition)
(
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REPORT RE SEWAGE
CAPACITY LIMITATION
The City Attorney stated he has not had sufficient time to prepare
something concerning the sewage capacity limitation and that his
assistant is searching out case law pertaining to this matter.
CM-29-323
March 10, 1975
(Report re Sewage
Capacity Limitation)
Mr. Logan added that he feels the matter is not finalized enough
to give a report to the Council at this time and would not want
to go on record for that reason.
ON MOTION OF CM FUTCH, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE, THE MATTER WAS CONTINUED FOR ONE WEEK.
J
REPORT RE WILLIAMSON ACT -
LAND CONSERVATION ACT OF 1965
The City Attorney reported that an application has been received
from property owners within the City to designate their land as
an agricu1atural preserve. A formal procedure for the establish-
ment of such designation needs to be adopted and it is recommended
that the Council adopt a resolution establishing procedures to give
the Council the ability to contract with persons in the William-
son Act area.
Cm Tirse1l stated that on Page 2, concerning Size, the minimum size
for an agricultural preserve is 100 acres and-sKe felt perhaps this
is too large for areas that would fall within this classification
otherwise.
The City Attorney replied that there is an "escape hatch" built into
the provision in that it is noted that if an area less than 100 acres
is desirable it may be submitted to the Planning Department and if
the Planning Department feels there is a public purpose that would
be served by ~he establishment of a preserve smaller than 100 acres,
the smaller preserve can be recommended by them to the Council. It
is felt that the 100 acres minimum is relatively standard which was
followed by discussion.
Cm Miller mentioned that there is a 5 acre preserve right in the
middle of Fremont and Mayor Pritchard felt it would be very logical
for the vineyards to be included in a preserve and they may not
consist of 100 acres.
Cm Miller felt that one item not covered in the contract or anyplace
else is that if somebody cancels there is a penalty but if someone
fails to renew there should be a penalty and Mr. Logan felt this is
covered somewhere under F. (I) and Cm Miller stated that section
deals with someone who renigs. Mr. Logan stated that this is more
or less locked in and one agrees to a restriction under the Calif.
Revenue and Taxation Code, and the restriction is the mechanism
which makes it very unprofitable to enter into and then back out
of. That would be very unprofitable to back out of unless someone
would waive the taxes.
Cm Tirsell stated that she is still concerned about the m1n1mum size
because people might not bother to apply because they do not have 100
acres and she would rather allow any parcel to be considered and
wondered what disadvantage would arise from allowing any size as an
agricultural use.
Cm Miller stated he sees nothing wrong with the "escape hatch" that
would allow consideration of any size parcel.
Cm Tirsel1 stated that her point is that anyone wishing to have
their land in this preserve should be allowed consideration and
that no arbitrary minimum should be established. She felt that
people with less than 100 acres might hesitate in applying if
the 100 acre minimum is mentioned.
_/
CM-29-324
March 10, 1975
(Report re Williamson Act
Land Conservation Act)
c/
The City Attorney pointed out that the smaller you get, the quicker
you start losing your tax base and perhaps if you get much less
than 100 acres you would want to be careful about who is allowed
in. If everyone in the City with an acre of land decided they
wanted to go under the Williamson Act, the City would loose a lot
of tax money.
Cm Tirsell mentioned if there is a good reason for the 100 acre
minimum she is perfectly willing to leave it and it may be that
there is a very good reason.
Cm Futch stated that before the Council makes a decision as to
what minimum figure should be used, the staff should find out why
the 100 acre minimum is being used by the County, and report back
to the Council.
CM MILLER MOVED THAT THIS ITEM BE CONTINUED FOR ONE WEEK, SECONDED
BY eM TURNER WHICH PASSED UNANIMOUSLY.
SENIOR CITIZEN
FUNDING STATUS
As mentioned earlier in the meeting the senior citizens group
asked for continuance of the status of the senior citizen funding.
PROPOSED AMEND. RE
CORPUS REQUESTED FOR
ADOPTION BY COUNTY
The City Attorney commented that he has submitted the letter from
the County to the City Council in response to the City's letter
concerning the proposed CORPUS Security Ordinance. The County
has indicated that in order to be effective throughout the County
of Alameda, the City of Livermore would be required to adopt the
misdemeanor ordinance and an ordinance or regulation implementing
the proposed disciplinary action and would ask that this City
respond as soon as possible.
Mr. Logan stated that the County is unwilling to bend. They
wish to have consistent law in every jurisdiction. He indicated
that the City could still keep CORPUS and just not adopt the County's
ordinance but the County would probably not be very happy with this
action.
Cm Tirsell wondered if all misdemeanors include the words "willfully
and maliciously" generally speaking for this type of misdemeanor and
Mr. Logan indicated that not necessarily - some misdemeanors are what
are known as "general intent" a presumed intent to violate the law.
However, many misdemeanors do have "willfullness" in them. This,
in effect, is a protection for those people who inadvertently do
something wrong or make a mistake. He added that the point Cm
Miller made about it being difficult to prove intent is correct;
however, generally, if knowledge of the law can be proven you
can infer intent and you do not have to have someone testify that
someone intended to violate the law.
Cm Miller stated in his opinion the D.A. will never prosecute
anybody for willful and malicious intent who discloses any
information under CORPUS and refuses to adopt an ordinance which
is worthless on its face.
CM-29-325
March 10, 1975
(Proposed Amendment re
CORPUS Requested for
Adoption by County)
CM TURNER MOVED TO TABLE FURTHER DISCUSSION CONCERNING THE
COUNTY CORPUS ORDINANCE, SECONDED BY CM MILLER, AND PASSED
UNANIMOUSLY.
Cm Miller suggested that a letter be sent to the County inform-
ing them of the reason the City does not wish to adopt the
ordinance. The Council agrees with the principle but feels
there will never be prosecution for violation of it.
"
i
!
"~
The City Attorney mentioned that he has spoken with both
Dick Moore and Lowell Jensen, the District Attorney, about the
ordinance and they both feel that they will prosecute if the
occasion ever arises. The question is, when will the occasion
arise and when it does occur will they determine that it is a
prosecutable offense or will there always be a determination
that there is no intent involved and therefore not prosecute.
Cm Miller stated that an alternative to sending the County a
letter would be to adopt the ordinance, striking the wording
"willfully and maliciously".
The City Attorney cautioned that this may be done but it may
subject it to some constitutional infirmity by dropping these
words because it is possible that they will require some mens
rea be involved in this and if it is not there, there is a
possibility the County will strike it down.
CM MILLER MOVED THAT THE ITEM BE TAKEN FROM THE TABLE, SECONDED
BY CM TURNER WHICH PASSED UNANIMOUSLY.
HCM MILLER MOVED THAT THE COUNCIL INTRODUCE THE CORPUS ORDINANCE,
AMENDED AS FOLLOWS: IN THE FIRST LINE OF ARTICLE 14.25, FIRST
AND SECOND PARAGRAPH, THE WORDS "WILLFULLY AND MALICIOUSLY" BE
DELETED. MOTION SECONDED BY CM TURNER AND PASSED UNANIMOUSLY.
Title was read by the City Attorney.
INTRO. OF ORD. RE TAXICAB
REGULATIONS AND RATES
The City Attorney commented that there were some procedural
changes in the ordinance concerning taxicab regulations to
give the Chief of Police some discretion in the granting of
additional taxi stands. Also, that the Board of Directors of
Security Eye Patrol, Inc., have adopted a resolution giving a
10% reduction in rates to citizens of age 65 or over which will
be accomplished through coupon booklets to be distributed. The
ordinance does not require the distribution of those coupons but
by the language that rates shall be 90% of the rate schedule for
citizens age 65 and over, is probably mandatory enough to have
an implicit requirement that coupons be available because this
is the way the code states such will be accomplished.
ON MOTION OF CM FUTCH, SECONDED BY CM TIRSELL AND BY
UNANIMOUS VOTE, THE ORDINANCE REGARDING TAXICAB REGULATIONS
WAS INTRODUCED.
Cm Turner wondered if the ordinance could be considered an
urgency ordinance to go into effect immediately because there
was some concern by the owner that~e people might walk off
the job during the 30 days it takes the ordinance to go into
effect because of wage disputes.
---'
CM-29-326
March 10, 1975
(Ordinance re Taxicab
Regulations and Rates)
The City Attorney felt this type of ordinance could not be justified
as an urgency ordinance, especially in view of the fact that the
consideration for making it an urgency ordinance is basically pri-
vate and not public. He suggested that it cannot be considered as
an urgency ordinance.
~
Cm Miller stated that he would reluctantly vote for the ordinance,
not because he objects to the majority of the ordinance but because
he felt the reduction for senior citizens is not significant.
The title was read by the City Attorney.
WEEKLY STATUS REPORT
BY THE CITY MANAGER
Budget
Mr. Parness stated that he is really worried about the new budget
year and the City's ability to finance our operating program for
next year. We have some severe revenue deficiencies and some
escalated costs that are absolutely boggling. The major one
is our street lighting issue and he has been in contact with PG&E,
to ascertain what modifications can be made. As 0 f now it appears
that we will begin the year with a $45,000 deficit in this fund.
Most of this is associated with added power costs.
Flag
At the suggestion of one of the City employees the United States
flag is flying 24 hours a day at our major City pole. There have
been calls from concerned citizens who feel this is improper and
this is not true. The Flag Code now does permit the flag to be
posted all night and in all weather as long as there is a light
on it at night, which there is. One of the reasons for flying
the flag at night and lighting it is to help stop vandalism
which has occurred on several occasions with the halyards and
the pole itself. Also it has been a chore and cost to get the
flag posted and removed each day.
Medians on Stanley Blvd.
The City is proceeding with the planting of the medians on
Stanley Boulevard. The medians have remained dormant for a
long time and with the new federal employees we are now able
to take care of them. This should be completed in about a month.
Golf Greens
(~
The City met with the Greens Committee and a horticulturist
to discuss grounds care, the nature of our soil and what might
best be done in the way of reconstruction of our greens. The
information obtained was very valuable and the City was provided
with specifications for new composition of the greens which the
City will use in the reconstruction program. This program may
take about six years - about three greens will be reconstructed
each year. The estimated cost ois $5,000 per green. If this is
not done, however, they will be lost. It is felt we now have the
right combination and some very good technological information.
The clubhouse interior has been changed and the upstairs has been
modified and is being kept clean and managed properly. The snackbar
has been finished and he would urge that the Council visit to
see what they think of it.
CM-29-327
March 10, 1975
WEEKLY STATUS REPORT (Cont'd)
Transportation Study
The transportation study is now underway and the City is hopeful
that good things will come of the study. There is to be a meet-
ing this Thursday with the Transportation Advisory Committee and
an appointment is needed on this committee. One of the persons
representing the lower income members of the community has
resigned.
..-"
Reports
Mr. Parness reported that reports requested by the Council are
being done: Zone 7 Rate Revision Study; Annexation Fee, Central
Business District Study, Social Concerns Committee and Container
Report. These reports will be ready March 24th, with the exception
of the Container report and this will come before the Council later.
ADJOURNMENT
Mayor Pritchard adjourned the meeting at ll:ls p.m. to an
session to discuss fringe benefits of a personnel nature.
~~
executive
APPROVE
ATTEST
\\;Z~-A-j \C\__~~[ tJ. Q:l~..
. i / .... '-,-City Clerk
J L~vermore, California
-.-/.
CM-29-328
Regular Meeting of March 17, 1975
A regular meeting of the City Council of the City of Livermore
was held on March l7, 1975, in the Municipal Court Chambers, 39
South Livermore Avenue. The meeting was called to order at 8:10
p.m. with Mayor Pritchard presiding.
ROLL CALL
LJ
Present: Cm Turner, Miller, Tirsell and Mayor Pritchard
Absent:
Cm Futch (Seated later)
PLEDGE OF ALLEGIANCE
Mayor Pritchard led the Councilmembers as well as those present
in the audience, in the Pledge of Allegiance.
PROCLAMATION
Mayor Pritchard announced that he has signed a proclamation in
honor of the 56th anniversary of the Order of DeMolay. Members
of the Amador Valley Chapter will be celebrating the anniversary
this current week and International DeMolay Week has been proclaimed
in Livermore this week.
MINUTES
Cm Futch was seated prior to the correction of the minutes.
March 3, 1975
Page 298, last paragraph, line three should read: lots does go up
and he feels lower cost housing cannot be provided.....etc.
Page 299, after the first paragraph, add the following paragraph:
Cm Futch pointed out that he has never stated that higher density
will provide low income housing.
Page 303, last paragraph, last line: Should indicate 8.2 MGD
rather than $8.2 million.
ON MOTION OF CM TIRSELL, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE THE MINUTES FOR THE MEETING OF MARCH 3, 1975, WERE APPROVED
AS CORRECTED.
PUBLIC HEARING RE
GEN. PLAN AMENDMENT
Mayor Pritchard commented that before any discussion takes place
concerning the public hearing for the General Plan Amendment, there
is a communication from the P.C. regarding specific plans and Cm
Miller noted that perhaps the Council should listen to discussion
with respect to the public hearing and then perhaps the Council
can determine the necessity or lack of necessity for considering
the specific plans.
Cm Tirsell stated that she would not object to this as long as
this is consistent with her motion. She had moved to continue all
work on specific plans until completion of the General Plan, which
was adopted previously.
Cm Miller stated that he believes Cm Futch has some questions
and Cm Futch replied that it may be possible that his questions
will be answered or resolved during the discussion and suggested
that the agenda be followed as listed.
CM-29-329
March 17, 1975
(Gen. Plan Amend.)
Mayor Pritchard stated that the City Attorney contacted him this
afternoon about the public hearing matter and would like to ask
that he report to the Council with respect to what the Council
will be discussing and what action can be taken and what this
action would do. He explained that the only reason he suggests
that the City Attorney speak first is because the Council needs
clarification of a number of items, as the discussion progresses,
and the City Attorney's comments will have a bearing on the discus-
sion as the public hearing opens.
i
~
The City Attorney stated that the General Plan amendment is related
directly to the proposed Zoning Ordinance amendment. There are two
specific items for the Council to consider: 1) the Council can adopt
the General Plan amendment by resolution and the affect of the amend-
ment is to give rise to or make available, a new theory or a new zon-
ing district known as Open Space-Urban Reserve. 2) Under 1.2, the
proposed Zoning Ordinance is not going to rezone. The effect of the
ordinance is to implement, within the present existing zoning and
subdivision ordinances or within the present existing zoning ordi-
nance, the OS-UR, as envisioned in the General Plan. The Council
can act on this ordinance this evening if the Council approves
the way it reads, and introduce it. The effect of the introduction
is not to rezone any land anywhere in the City. In order to rezone
the land you must give notice, and specifically set forth those
areas planned for rezoning. If rezoning is desired this will have
to be done at another time after properly noticed public hearings.
Cm Futch stated that he feels there was some concern with the P.C.
and there doesn't seem to be a clear answer, and that is the fact
that although the Council will have adopted the General Plan amend-
ment and the Zoning Ordinance amendment, we will not have the land
zoned and therefore, there may be land within the City that is not
subject to a PUD and he would question what the effect might be.
Mr. Musso explained that the consultants report was considered by
the P.C. and Council on February 18th and there was a time limit
for getting all of this done before the moratorium ended this week.
The P.C., in considering this, concluded that what they would do
would be to go ahead with these two actions (the General Plan amend-
ment and adoption of the new zoning district) and then as soon as
possible, initiate the actual rezonings of properties. He stated
that he is not sure if the P.C. is going to try to do them all at
once or to take the most critical parcels first - this will be dis-
cussed tomorrow night at the P.C. meeting.
Cm Futch stated there would be quite a lapse of time between the
time the moratorium expires and before the City would ever get
any land zoned that would require the PUD.
Mr. Musso felt this would take about three weeks to a month to
get the first property to the Council and this would mean another
six weeks. There would be 30 days involved in getting the ordi-
nance adopted, so there is at least three months involved in the
time.
Cm Tirsell stated she has a question about the timing. The ordi-
nance the Council can work on tonight, which allows the City to
adopt the zone takes 30 days; is this after the first reading or
after the second reading?
The City Attorney replied that if it is introduced this evening
it has to wait at least five days before the second reading and
adoption and then it takes 30 days to become effective.
'-/
CM-29-330
March 17, 1975
(P.H. re Gen. Plan Amend.)
L
Cm Tirsel1 asked if the P.C. can initiate the rezoning during the
30 days, since they are an advisory body, and the City Attorney
indicated they could. Cm Tirsell stated that, theoretically,
at the end of the five days plus the 30 days, if they were to do
a large rezoning it would mean that something could be done in
about five weeks.
The City Attorney felt there was a m1n1mum of 45 days involved
before zoning could be touched. He explained that the P.C. can
look into rezoning but cannot actually initiate an official zon-
ing until the zoning ordinance becomes effective.
Cm Miller stated that the P.C. can set a hearing for rezonings
for all zoning classes in the zoning ordinance as long as the
hearing takes place after the 30 days and the City Attorney felt
this would be acceptable.
Cm Futch stated it still is not clear as to what liabilities the
City has during this interim period - what protection does the
City have?
The City Attorney stated there is not a lot that can be done. If
someone files a subdivision map this does not create a vested right;
they file it at their own peril.
Mr. Musso stated that the way the ordinance is written it says that
the development shall conform to the General Plan under the PUD.
This is essentially what we have now. Any zoning now would presum-
ably conform with the General Plan. There is some area zoned
agricultural and zoned in the PD district.
Cm Futch stated this is where he is confused. If it says one
shall conform and come under the PUD process and the land is not
zoned that way, how can we require it?
Mr. Musso stated that presently the zoning conforms to the General
Plan; at least most of it does. Under the new procedure it would
still conform to the same General Plan. This doesn't change the
situation, but gives the City the added tool of a PUD permit but
this would take about 60 days.
The City Attorney suggested that when the Council adopts the
zoning ordinance, the zoning ordinance should be adopted that
applies to all those areas the City wants rezoned, rather than
to go at them one by one.
em Miller stated that all equally placed properties will be treated
the same so there are no specific parcels selected. All the un-
developed residential should be considered at one time, for instance.
l
The City Attorney stated it is true it would be difficult to have a
pUblic hearing at one time for all of this property but there is no
problem with spacing hearings with no changes made until the end of
the hearings.
Cm Futch stated that with respect to Policy Statement 2. and the
General Plan amendment, felt there is no need for such a policy
statement unless the City is legally obligated to provide sewer
connections to lands within the sewer assessment districts. The
policy reads as follows:
It is the policy of the City to give priority to those
lands already served by interceptor and lateral sewer
lines, and to those lands which lie within the boundaries
of sewer improvement districts existing as of January 1,
1975, and for which sewer assessments have been paid cur-
rently in accordance with requirements of the district
and State Law.
CM-29-331
March 17, 1975
(General Plan Amendment)
The City Attorney wondered if Cm Futch is asking if the City is
obligated to service sewer assessment districts first?
Cm Futch stated this is the question and then based on this, the
Council might determine whether a policy statement such as this
is desirable or not.
The City Attorney commented it is the City's opinion that it does
not have to service assessment districts first.
\
)
.--.-/
Cm Futch felt if this is the case, why would the City need this
policy statement? This might imply that they are to be serviced
first.
The City Attorney stated this might be a policy of the City without
a legal obi1gation. The Council may feel these are the areas of
the City which should be served first. It is always possible that
the EPA will lift their requirements and the sewer will be made
available and those sewer assessment districts can be fulfilled;
however the City is not obligated to serve them now.
Cm Futch stated he understands this but consider the possibility
of the City getting a large industry and that the City feels this
should have priority over Policy Statement No.2, but with the
statement included he would feel somewhat hesitant to allow the
industry priority because it would appear a policy is being
spelled out. It might be felt that it would be to the best
interest of the City to allow industry rather than some other
use.
The City Attorney stated that with concern for whether or not
the City can allocate sewer capacity, assuming we are limited
and have a definite end period of our capacity, given the
proper findings and motives the City can allocate.
Mr. Musso stated that prior to opening the public hearing, per-
haps the Council would like the consultant to explain what the
program is. He stated that he would also like to make one comment.
The P. C. did have a public hearing and there was consideration
of recommendations by the consultant on the zoning and General
Plan amendment. For the most part the P.C. agreed with the recom-
mendations - there were some minor changes noted in the draft to
the Council.
The Mayor explained that a firm from Southern California has
been employed by the City of Livermore to do the professional
work on our General Plan amendment. That firm is Grunwald,
Crawford and Associates and the Council is very fortunate
to have these two people present this evening.
Mr. Grunwald stated that he would like to preface his remarks
by saying that they would like to be considered a Central
California firm. He stated that his remarks would be brief but
he would like them to be sufficiently encompassing so that
the people in the audience understand the motivation behind
the General Plan amendment proposal, and behind the proposed
amendments to the zoning ordinance which will follow as a
public hearing subject later. The moratorium on development
ends officially, March 24th, and it was a part of the General
Plan program initiated by the Council with their firm to provide
the P.C. and Council with the best recommendations possible.as
-)
CM-29-332
March 17, 1975
(General Plan Amendment)
u
to how the City could best manage growth through the General Plan
and zoning process and subdivision process, after the moratorium
expires as of March 24th. Recognizing that the General Plan program
may not be finished for several months hence - which is the case,
their firm is proposing to the City a series of General Plan
amendments first and then a series of amendments to the Zoning
Ordinance which would bring the ordinance in line with the General
Plan, as amended. If the Council adopts, in whole or in part, the
major recommendations for the General Plan amendments this evening,
it should be known that the new Subdivision Map Act went into effect
the first of March and it clearly states in a number of places that
no subdivision shall be approved unless it is in complete accord with
General Plan policy. with respect to subdivisions the City would be
protected in this regard, the zoning process notwithstanding. What
the City will be doing between the time it adopts the ordinance, as
proposed, or as the Council might wish to change it, and the time
the City takes care of the mapping process, as long as the City is
diligent is proceeding to the best of its ability there will be no
problem. The Council should have no fears with respect to subdivi-
sions coming in, in great numbers. There are five basic amendments
and other minor amendments. He then listed the basic amendments:
1. Provides for three population targets and rough dates for
achieving those population targets.
The existing General Plan provides for a holding capacity for some-
thing in the area of 155,000 people. One of the weaknesses of this
plan, in terms of meeting interim requirements for policy improvement,
is to provide the public and Council with better policy as to when
over a period of time this population might be achieved. Three time
frames have been described (short range to 1980; medium range to 1990;
and long range to 2000) and they are proposing population targets for
those frames that reflect a 1-2% growth rate, seeking a population
as high as 82,000 people by the year 2000. All of this information
is offered with the clear understanding that the General Plan program
is only halfway complete and the policies may differ then from what
is being recommended on a interim basis.
2. Recognition of the constraints imposed by conditions of
air quality and limited sewer plant capacity.
There is approximately .4 MGD capacity remaining which is 400,000
gallons, and of that amount, something in the order of 230,000 has
already been committed as a matter of official approval of permits
by the City either through the subdivision map process or zoning
process. This means a capacity of 170,000 gallons remaining. This
would allow only 300-400 additional homes. This means that until
the capacity of the plant can be expanded for treatment, the short
range target population (55,000) could not be met. There is that
little capacity remaining, and a problem that cannot be dealt with
by a General Plan amendment itself but rather by a series of meetings
along with other action.
3. Assign priorities to allocating sewer capacity for those
lands which now lie within the City limits.
c
There is more land in the City limits than the City would ever have
capacity for and perhaps there is enough land to handle the medium
range target to 1990 (approximately 67,000).
CM-29-333
March 17, 1975
(General Plan Amendment)
4. All new development be processed as part of the PUD procedure.
The reason for this is not an architectural approach or planning
approach for getting good design but if you are to deal with the
realities of air quality and how people might be affected by the
interstate traffic and how a new development might affect air
quality by concentration of oxidants so as to create a health
hazard and if the City is going to be concerned with this, there
must be the discretionary authority to require proof of mitigation
to deal with that problem. Another hazard to health is noise and
federal and state standards have been imposed which cannot be ig-
nored.
)
-.-/
5. To provide a positive policy statement concerning the City's
posture on growth vs. no growth.
Those are the five major areas of amendments and there are a few
minor changes the Council might wish to mention and he and Mr.
Crawford will be happy to discuss these changes and to answer
questions.
The City Attorney commented that he feels the amendments proposed
are defensible and reasonable. A lot of findings have to be made
and he also feels that they can be made but must be done properly.
If this is challenged and we are successful, it may be a talisman
to what is going to happen in the State of California. He would
like to state publicly that this is a new area of the law and we
are approaching arenas that have hitherto not been approached at
all or if approached, only on the periphery.
Cm Miller stated that he would like to propose that the Council
consider an amendment to the Grunwald and Crawford General Plan
which will cover the possibility of lowering the density on Area
#12. If that is going to be discussed by the Council then the
public should know it in advance so if they wish to speak to it
they can. He stated that his suggestion would be an interim
amendment which would consider the lowering of density only for
Area #12.
The City Attorney commented that as he understands what Cm Miller
is saying is that as part of the General Plan amendment which
Grunwald and Crawford have prepared, there be included some
other item other than what is presently before the Council
and Cm Miller indicated this is correct. It would be part of
one General Plan amendment.
Mayor Pritchard wondered if the City could legally do this and
the City Attorney indicated it could - all the City would be
doing would be adopting one General Plan amendment as suggested
by Grunwald and Crawford or with changes desired by the Council.
Mr. Musso commented that there was no consideration for change
of density in the hearing that the Planning Commission held.
Mayor Pritchard opened the public hearing at this time.
H. E. Christman, 1462 Vancouver Way, stated that he is a retired
building consultant and does not understand why Cm Miller can
discuss PU #12 when he lives next to the area because of a con-
flict of interest. It has been his understanding that anyone
living in that neighborhood or owning property in the vicinity
could not set density.
--/
Mayor Pritchard asked if the City Attorney would respond.
CM-29-334
March 17, 1975
(General Plan Amendment)
Cm Miller stated that he has been advised by the City Attorney that
as long as he does not speak to specific properties within 300 ft.
of his property there is not a conflict of interest. He asked the
City Attorney if he has a conflict of interst in discussing anything
that has to do with PU #12.
c
The City Attorney stated that his feeling is that any conflict Cm
Miller might have would be a moral conflict because the fact that
Cm Miller owns a house does not mean that Cm Miller has a conflict
with what affects the area his house is in. If this were the case
it would mean that Councilmembers would have to eliminate discussion
about anything affecting the City because they own a house in the
City. If Cm Miller makes a determination that he has a moral con-
flict he should not take part in discussion as well as a vote be-
cause discussion can be a means of influencing the Council.
Cm Miller stated his position is as follows: Anything that has to
do with how properties are distributed within Area #12, how zoning
or other things are done, will not be discussed by him. However,
Area #12 is a very large area and the general density or quality
of what is going to happen does not have to do with the zoning or
layout of specific plans for Area #12. He does not have a legal
conflict and feels that he also does not have a moral conflict on
the general application. Anything specific or specific parts of
the area he will not discuss.
Mr. Christman stated that he can not understand why this area
is being reduced in density from what was originally planned.
Mayor Pritchard explained that the public hearing this evening
is to discuss the General Plan amendment which will affect the
entire City, except that Cm Miller would like to add an amendment
to the General Plan amendment regarding Planning Unit #12. At
this time the Council has not discussed density nor have they
set density for Planning Unit #12 and discussion for specific
planning has been tabled, as recommended by the consultant.
At this point, until something is adopted, the old General Plan
applies to any area that is not changed.
The City Attorney commented, to the extent that the City does not
change some part of the old General Plan, yes; it still applies.
The only difference between this and the old plan is the theory.
If this General Plan amendment is adopted and ordinances are
adopted to go along with the changes, the City, in effect, throws
out the old theory of zoning.
Cm Miller stated that he would like to be more specific about what
he is going to propose so that Mr. Christman will understand what
it is. He is going to propose that the overall holding capacity
of Area #12 be that which will correspond to a density of 2 d.u./acre
for the whole area, including that part which is already developed.
Since the Council is not considering any specific plans, no details
of how this will be laid out will be involved.
Mr. Christman asked if he is correct in understanding that the City
does not plan to take new property into the City and no property
will be considered unless it is now in the City under the new
General Plan, until 1980.
l
Mr. Grunwald explained that what the consultants are addressing
themselves to is that there is a limitation upon the City for
accepting additional sewer applications and until the problem is
solved to the point where there is additional capacity, the priority
for allocating remaining capacity should be given to those lands in
the City already.
CM-29-335
March 17, 1975
(General Plan Amendment)
Mr. Christman stated that he owns property which is not in the
City and is concerned about not being able to build on it before
1980.
Mr. Grunwald explained that if the City had the approval of the
state and federal agencies for sewer plant expansion in the area
and had the assurance of sufficient monies for such expansion and
gave Mr. Lee and his staff directions to proceed with the design
for enlarged capacity for the treatment plant it would take a
minimum of l~ years before anything could be done. What the City
is saying is that if anything can be done within the next l~ to
2 years for plant expansion it would change the policy of the
Council as to allocating sewer capacity to some extent.
J
Mayor Pritchard stated he would like the records to indicate that
the City did attempt to increase the capacity of the plant to
10 MGD, four years ago, and our funding was withdrawn. We then
attempted to increase the capacity by 1 MGD and funding for this
amount was also refused. Last week the staff was directed to make
inquiries as to the EPA population projections and funding for
water treatment facilities.
Mr. Christman stated that he is one of many retired people who
own property up in the hills and if they are not allowed to build
on that property for 10 years it is useless to them. The taxes
are high and they really consider this a serious problem.
Cm Miller suggested that if development is not anticipated for
10 years it might be advisable for the land to be put into the
Williamson Act and the taxes would drop and Mr. Christman stated
that they have looked into this possibility.
Don pettrich, 1113 Florence Road, stated that he would agree with
the Council on some things but not on others. The things he would
agree with are time scales but would disagree as to what should be
done with properties adjacent to freeways. He stated that there
seems to be mixed emotion, as some people want parks and others
feel that if something isn't done in 10 years the energy situation
will devour us economically and in availability of supplies. He
stated that there are people working on the energy situation and
the City is involved in trying to plan Livermore and feels these
are all good but the efforts should somehow be joined. He stated
that the City cannot say we are going to ignore the freeways and
the energy and fuel situation and concentrate on parks and beautiful
open space. He stated that what he would like to see is the Council
get together with people like Dr. Teller and Nelson Rockefeller
and start worrying about what Livermore is going to do with various
problems and perhaps Livermore can become an example of what can
be done. He stated that we are pouring money into freeways and
looking at the possibility for providing more parks and open space
which do not accommodate rapid and mass transit. He feels the
City is getting into a state of apathy - let's make it pretty,
comfortable, and don't rock the boat. He stated that perhaps the
time for "rocking the boat" is now. Dr. Teller says we have 10
years with which to act and that we do not have an energy crisis
but rather an energy disease and people are going to die in 10
years or be feeling the pain of this disease in 10 years. He
stated that he would agree with the time scales but rather than
saying in 1990 rezoning should take place to accommodate busses,
trucks and restaurants he would suggest that something be done
to provide mass transit. The General Plan was prepared about ~
lO years ago before there was an energy crisis. We feel the crisis
and scientifically know about it and the planning of Livermore
should be done with this in mind. He would say forget the parks
and go to the freeways and use them.
CM-29-336
G
March 17, 1975
(General Plan Amendment)
Mr. Grunwald explained that what is being discussed this evening
is not the major effort of the consultants at all. This is not
the General Plan to be considered but rather an interim plan,
dealing only with the present General Plan policy. They are
spending thousands of dollars looking at the prediction of air
quality with certain target populations, looking at circulation,
and the impact of certain land uses in certain locations; looking
at noise, and all of these things mentioned by Mr. Pettrich. In
addition they are looking at recreation and open space and the
conservation of agriculture and minerals as well as the hazardous
things such as earthquakes and endangered species. The whole
sphere of facts affecting physical, economical, and social lifestyle
is being reviewed and the Council has yet to see one of the studies.
There will be about five coming out within the next month or 45 days
and would urge interested people to obtain copies because people
will then have some insight as to the level of detail the consultants
are going to in analyzing the points mentioned by Mr. Pettrich, and
would agree that the statement made by Mr. Pettrich was very good.
Mr. pettrich stated that he views everything mentioned as a problem
and is very concerned and offered to volunteer to help in any way
possible because he feels the problem is not being recognized by
enough people.
Mr. Grunwald asked that Mr. pettrich give his name and address to
Mr. Musso so that he may be informed of study sessions and that
they would be very happy to have Mr. Pettrich attend the sessions
and help make recommendations.
Mr. Lloyd Haines, representative of Ensign Bickford, stated that
they are dismayed that Cm Miller is suggesting lowering the density
allover the City to 2 d.u./acre.
Cm Miller stated that he was thinking about PU #12.
Mr. Haines stated that a 2 d.u./acre density will make their
project unfeasible and they are also concerned about proposed
recommendations. He stated that what the City Attorney has said
is true in that the City is entering into a new area of the law
and Mr. Haines feels there will be a number of law suits against
the City of Livermore because in his opinion the City does not
have much legal authority for doing what it is doing. His clients
as well as other clients are ready and willing to bring legal action
against the City of Livermore. He stated that they do not want to
become involved in a law suit but cannot see these properties placed
into a situation where they are rendered useless. He stated that they
would like to work with the City but they cannot work with the proposed
density or a total change of the system whereby they are out on a limb
without any economic interest.
Ed Goldberg, from Ensign Bickford Realty, explained that they own
176 acres of land at the intersection of First Street, north of
Porto1a Avenue. At one time Ensign Bickford and Coast Manufactur-
ing was owned by the same group of stockholders and probably the
only thing in Livermore at one time was Ensign Bickford, Coast
and Wente Brothers Winery. He stated that they are not newcomers
to Livermore and frankly is appalled at the development which has
been allowed to take place in Livermore and can certainly understand
the concern of the Council to bring more orderly and quality develop-
ment to Livermore. He stated that the City is spending a significant
amount of money for legal defense ($100,000 a year) and cannot really
afford to become involved in further legal chaos.
Mayor Pritchard stated that before proceeding, the Council should
correct what has just been said and the City Attorney stated that
this year $13,000 has been spent for outside attorneys but the
$100,000 figure may have included the fee for the railroad assessment
district, which was a very substantial fee, and is unrelated to
legal problems. There are no $100,000 fees for outside counseling.
CM-29-337
March 17, 1975
Mayor Pritchard explained that he would just like to have the
matter clarified, for the record, because the statement made was
quite horrendous and on its face would have looked very devastating
in print.
Crawford Westbrook, land planner, explained that they have been
working with Ensign Bickford since 1967 and in April of 1974 were
contacted about property owned in Livermore and asked to work with '" \)
Ensign Bickford,them, the Council, Planning Commission, and staff .--1
to prepare a planned development concept for the 176 acres. They
have been working with as many people in Livermore as possible
on the concept of cluster development for that area using a 3 d.u./
acre density for the property, for the past year. He stated that
they have concentrated on quality development from every aspect
and this would mean changes in some of the procedures that have
marked the development which has previously occurred in this commun-
ity. They felt Planned Unit Development is the proper course of
action and the best technique which has evolved, to date, for achiev-
ing quality development and quality growth. They are concerned
for this community as well as Ensign Bickford, their client, in
that whatever steps are taken in the process to rectify the wrongs
of the past should be soundly based, legally defensible and technically
viable. These are the measures that must be applied to any legislation
which the Council considers. He would hope that the General
Plan amendment being considered tonight, any modifications,
revisions or amendments thereto, be based on sound legal principles
that will be defensible and not place this community in an embarrassing
position. He would hope that the techniques being applied by
this innovative legal procedure will be supported and that the
Council feels confident it will be upheld in court. He stated
that he does not question whether it is or is not defensible but
merely suggests that the Council is certain it is, in order to
prevent embarrassment to the community. He would hope that any
aspect of the zoning policy to be considered in the subsequent
public hearings would fill the same criteria. On a point of order
he would like to ask the City Attorney the following question: If
amendments are to be offered to the General Plan document that is
before this public hearing, is it not fitting and proper that all
of the specifications of those amendments or that amendment be
spelled out to the audience during the open public session of
response before the Council makes a decision and votes? In other
words, after the public hearing is closed, can other additional
aspects, changes or other amendments of a significant nature be
considered without the pUblic having the opportunity to respond?
The City Attorney felt the answer to this is more appropriately
addressed to the Mayor but he is sure the Mayor would give anyone
the opportunity to respond. If something is to be amended to a
significant degree, it will have to be spelled out how it is to
be amended and any questions or remarks would surely be allowed
by the Mayor. He stated that he would be most surprised if the
Mayor denied anyone this opportunity.
Mr. Westbrook stated that in the absence of any further knowledge
of any amendments to be offered, he would like to make one closing
comment about the extent of the amendment that has been voiced by
Cm Miller. He stated that his understanding is that Cm Miller is
going to suggest to the Council some action for PU #12, which encompasses
not only the Ensign Bickford property, but all of the property to
the north, to Las positas and beyond 1-580, plus the area in which
Cm Miller lives and all that area under construction by Mr. Mehran.
It would seem that if the overall density of that entire area is
reduced to an average of 2 d.u./acre, that the net result on any ~
new development will be substantially below 2 d.u./acre. They feel
the density they would be allowed would make any form of planned
unit development or clustering of units in a new environmental
style, prohibitive and financially impossible. Therefore, it
CM-29-338
L,
L
March 17, 1975
(General Plan Amendment)
would cause a very severe burden upon Ensign Bickford or any of
the other owners who wish to deviate from some of the physical
development styles which the Council has indicated to be of concern.
Mr. Strang, Secretary of Palomar Financial, and owner of property
north of the freeway, stated he did not receive notice of this
public hearing or of the General Plan amendment to be reviewed.
(NOTE: This was a general notice only and no individual notices were
sent nor required.) He has been attending PU t18 meetings and last
week was surprised to learn that the Council has been working on
an alternative way of solving the problems. He stated that his company
has held an interest in this land through three foreclosures, since
1961, and has been told by the City that the moratorium would soon
be lifted and things will change. He stated that he wonders if a
subtle thing is being done to continue what has been done in the
past and noted that certain things can bring ruination economically
to people. He stated that the taxes for their property is thousands
of dollars a year and that they can do anything they want with the
property except use it. They pay assessments for the northern water
and sewer district and asked how the City can just shrug and ignore
their problems. He stated they have tried to deal in good faith
with the City but would like to ask if the City feels it is really
being reciprocated, and would hope it "bears on your conscience".
Cm Tirsell stated that she is sure Mr. Strang is aware the City is
facing limited sewer capacity and there is not sewage capacity left
in our treatment plant to serve all the properties that wish to
develop. The Council's concern is for the health and welfare of
the citizens of Livermore and it is necessary to provide clean
water An~ that tag Wftr9r is Rot pelluto~ wjt~~ho ~ff1tt~Rt of e~
sewer tr~gnt plaRt. L-She stated :?" "at this problem would bear on
her conscience even harder. 7~~~~
Mayor Pritchard stated that h~~WS of ~o instance in which the
Council has ever laughed or shrugged at the problems of anyone
who has come before the Council and would like to speak to the
point that when a person receives property, whether it is through
default as a mortgage holder, or as a gift, or by purchase, it is
not the responsibility of any governing body to take procedures
that guarantee a profit on that investment. Investment in property
is no different than investing in any other type of interest. If
one buys stock in any company it is done at a certain risk and you
intend to "take your chances". The City does not deliberately do
things to properties so that a profit may not be realized but these
things do not have to be considered and they cannot be considered
by a governing body. It is true that economics enter into the
situation but would like to dispell the notion that this City Council
or any other Council is going to do the work of an individual to
insure that there is a profit made on property.
Mr. Older, 1524 Hollyhock, stated that he feels Mr. Strang owes the
Council an apology. Mr. Older attended a Council meeting approximately
two weeks ago at which time plans for Palomar were presented which
called for various things but graciously were omitted, such as en-
trance and exit which would not ruin the Springtown area. Mr. Strang
stated at that meeting that development by Palomar would rely upon
Bluebell for the traffic flow and Mr. Older stated that Bluebell
now has excessive traffic because it is used for people gaining access
to the Greenvi1le area, Proud Country and the various Reeder projects.
He felt if Mr. Strang must come in and make accusations of the
Council, the least he can do is also provide a plan for traffic that
would not practically assassinate 1,000 adult people who want to live
their lives without having to put up with this traffic situation.
Mr. Strang indicated it was not his map, they have no development
going on and wanted to inform the Council of their economic plight.
Cr.1-29-339
March 17, 1975
(General Plan Amendment)
Cm Miller commented that there were two points raised by the Ensign
Bickford representatives about being above board and assuming 3 d.u.
to the acre. In their discussions with some of the Councilmembers,
privately, showing proposed plans which generally looked pretty good
it was mentioned to them on more than one occassion that density de- J
creases were under consideration in this area; therefore, it should - .
not be a surprise. Secondly, Cm Miller has done a calculation about
approximat1ey what the d.u./acre would probably be in that area,
based on the existing development it turns out to be approximately
1.8 d.u./ acre. There are approximately 670 acres in the area
with approximately 85 developed at 3.5 d.u./acre on the average.
He stated that these are approximate figures and the density is
not quite as low as what Ensign Bickford anticipates.
Paul Lynch, Killarney street, stated that he has been listening to
Livermore City Councils since 1960 about the problems of sewer
effluent. It seems that every year we have the same problem in
that other items are taken care of - the tracks are being moved -
but the same sewer problems continue to exist. He stated that
he realizes the City is probably dependant upon money from out-
side sources but he also has a small piece of property and if
he would like to build 12 units on it, which could legally be
done, City fees would cost approximately $30,000. He stated that
he has just a small piece of property but can sympathize with those
who have large interests because he knows what the fees are for
just a small parcel. If things do not improve it would appear
that there could be no growth for the City of Livermore and in
his opinion this would be ridiculous. He stated that eventually
the City will be surrounded by things over which the City has
no control and would suggest that the Council determine the
best way Livermore can grow with good planning.
Mayor Pritchard explained that the City fees are calculated on
the needs that must be met by each developer and wondered if
Mr. Lynch is saying that these fees are too high?
Mr. Lynch indicated that he knows of other communities where
development has taken place with less cost to the developer.
Mayor Pritchard asked where Mr. Lynch would suggest the City
go to get the money needed for various items if the property
owners do not pay, and Mr. Lynch stated that there are things
being done which he feels are not as essential as our sewer
plant. Mayor Pritchard stated that it appears that Mr. Lynch is
saying that the City can arbitrarily take monies which are to be
used for other projects and use them for the sewer plant, and Mr.
Lynch felt this would be possible. nil!
~"I
(:E1ij:ejiu.~.
M~yor Pritchard stated as mentioned ear1i~rJt~ity Council
d1d apply for funds, four years ago, to -~ he capacity
of our treatment plant and the grant was denied because of
a ruling by the EPA. This was definate1y not a decision made
by the City but rather by another agency. He then explained
that the funds the City has received for the track relocation
project cannot be used for anything else other than track re-
location. Some of the funds are coming from the state and
the rest is coming from assessment districts and property
owners within the ar~a who are supporting it. The remain-
ing amount will come from the railroad companies involved.
...-/-
Mr. Lynch stated that he did not mean to imply that the track
relocation funds could be used for something else but rather
that as he recalls there was something like $80,000 spent for
a beautification study for a route through Livermore and that
such funds could be better spent. After years of money being
wasted people become completely fed up with the whole thing.
CM=29-340
March 17, 1975
(General Plan Amendment)
ON MOTION OF CM TIRSELL, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE THE PUBLIC HEARING WAS CLOSED.
RECESS
c
Prior to discussion concerning the public hearing, Mayor Pritchard
called for a five minute recess after which the Council meeting
resumed with all members of the Council present.
CONTINUATION OF GENERAL
PLAN AMENDMENT DISCUSSION
Cm Miller stated that during the recess he spoke with the consultants
and it was suggested that the densities for all of the areas be con-
sidered at one time and he would agree with this and therefore would
like to remove his suggestion to lower the density for PU #12 and
that this be considered at the time the other areas are discussed.
Cm Turner stated that it is his understanding the ordinance relative
to the General Plan amendment is an interim ordinance and would
suggest that the 150,000 gallons remaining in the sewer capacity
be reserved for industrial development until such time the General
Plan is submitted to the Council, if there is a way this can be
done. It seems that if 250,000 gallons have been committed to
residential it would be fair to reserve the other 150,000 gallons
for industrial development.
Mr. Musso stated that on Page 8, under 5., there is reference to
allocation and it says that 10% should be reserved for low and
moderate income housing and not less than 50% for non residential.
It was noted that the Planning Commission had made a change in
the wording concerning reservation of sewer capacity and Cm Futch
stated that he would agree with the P. C. wording but would suggest
adding the wording lias defined in Policy Statement No.1", AND
SO MOVED, MOTION SECONDED BY CM MILLER.
WORDING WOULD READ: THAT NOT LESS THAN 50 PERCENT OF THE REMAINING
EFFECTIVE SEWER CAPACITY AS DEFINED IN POLICY STATEMENT NO. 1 BE
ALLOCATED TO NON RESIDENTIAL USES AND OF THAT PERCENTAGE ALLOCATED
TO RESIDENTIAL USES 10 PERCENT BE ALLOCATED TO LOW AND MODERATE
INCOME HOUSING.
It was noted that this is a policy statement and therefore not
mandatory.
MOTION PASSED BY UNANIMOUS VOTE.
The City Attorney stated that inherent in the understanding of
the motion is that there is no change from what the P.C. recom-
mended, in substance, but is a point of clarification.
l
Mr. Musso stated that apparently the Council received a copy of
the P.C. recommendations without the annotations corrected and
on Page 7., Policy Statement No.1, in line 6, the gallons per
day are eliminated at .4 MGD as of 1/1/75 should be indicated.
Cm Futch again mentioned that although the City would not legally
be required to provide service to areas with sewer capacity, he
feels it would be something that would be pointed to if the City
tries to reserve the excess for other uses, and wonders if this
is a correction of policy involved.
Mr. Gruenwald stated it may help if the Council understands the
intent of the consultant in writing the policy this way. It
was placed in the General Plan amendments only because at that
CM-29-341
Harch 17, 1975
(General Plan Amendment)
time there was a question of legality and the consultants wanted
it presented so that there would be language available in case
it became a legally binding matter. This was their only intent
in including this wording.
Cm Futch wondered if the consultants would have any objection
in the Council's decision to delete the wording and Mr. Grunwald
indicated they would have no objections as long as the priorities
selected by the Council are reasonable. The amendment, in their
judgment, would be just as satisfactory.
The City Attorney commented that if Cm Futch is suggesting that
Policy Statement 2 be changed it would mean that it would have
to go back to he Planning Commission and also would like to point
out that this is an interim General Plan. He stated that it makes
no difference as to whether or not the Council makes a change
but would like them to be aware of the results.
,
..~
Mayor Pritchard stated he can understand Cm Futch's point about
possibly having a moral obligation to service areas in the assess-
ment district before industrial is given service, for example.
The City Attorney stated that by adopting this policy in this interim
General Plan, the Council is not foreclosing, at some future date,
the availability if the City has the capacity to serve the assess-
ment districts. In otherwords this is not meant to be the end of
everything - it is an interim General Plan amendment and looks at
only what we have in the immediate future.
Cm Futch stated he would like to withdraw his objection to Policy
Statement 2.
CM FUTCH MOVED TO INTRODUCE A RESOLUTION TO ADOPT THE PROPOSED
GENERAL PLAN AMENDMENT WITH CLARIFICATION THAT FINDINGS ARE CON-
SISTENT WITH WHAT THE REPORT SAYS AND THAT THE NEGATIVE DECLARATION
HAS BEEN CONSIDERED, SECONDED BY CM TURNER, AND PASSED BY UNANIMOUS
VOTE.
RESOLUTION NO. 46-75
A RESOLUTION AMENDING THE GENERAL PLAN OF THE CITY OF LIVERMORE
PUBLIC HEARING RE
INTRODUCTION OF ZONING
ORDINANCE AMENDMENT
Th~ proposed Zoning Ordinance amendment is a companion measure to
the General Plan amendment the Council has just adopted.
The City Attorney indicated that he would like to suggest a change
in the wording in Section 4.26, Page 6, at the bottom. The sugges-
ted wording has been discussed with the planning consultants and
they agree that it would be an appropriate change. It is suggested
that Section 4.26 read as follows:
Section 4.26 "0S-UR District, Required Conditions: Whenever
a new use, as listed under Sections 4.24 or 4.25 of this ordi-
nance, is applied for in the Urban Reserve District, the
Planning Commission may recommend to the City Council a zon-
ing district classification for modification, thereof, for
such use. If the City Council approves such classification,
the use applied for will be subject to comply with all, or
some as specified, of the regulations of the zoning district
so designated.
'~I
........,,/
Mayor Pritchard asked if this amendment means that the ordinance
would have to back to the Planning Commission and the City Attorney
CM-29-342
March 17, 1975
(Zoning Ordinance Amendment)
stated that the wording change really doesn't change the substance
but clarifies the procedure for the approval procedure.
l)
The City Attorney explained that this is also consistent with what
the Council already uses as a procedural mechanism with the P.C.
and Council, in view of the fact the Council does not designate
or delegate a great deal of authority to the Planning Commission.
The City Attorney then mentioned that he would like to suggest
a one word change for Page 4, Section 4.14. In discussing this
with the planning consultants they agreed that the wording addi-
tion would reflect the intention of the Planning Commission.
Section 4.14 OS-UR (Urban Reserve) Districts: The Urban
Reserve District is intended for application to certain
lands within the City which are designated by the General
Plan for development .......etc.
Mr. Musso mentioned one other
4.25, last line should begin:
such uses are consistent with
specific plans.
change on Page 5, under Section
permit in Section 28.00; providing
the General Plan and any existing
Mr. Musso stated that he was asked to comment, for the record, that
if this ordinance is adopted it will not apply to any land in the
City and in the Planning Commission discussions there was no discus-
sion as to its application to any land in the City in the future
except in general terms, and was not discussed in relationship to
any particular piece of property.
Mayor Pritchard opened the public hearing at this time.
Crawford Westbrook read portions of Section 4.l4 and asked if this
means that the Urban Reserve District is to be applied to lands
that exist within the incorporated boundaries of the City and Mr.
Logan explained that it is being applied to no lands today. The
district itself is merely being created and the passage of this ordi-
nance as it might apply to particular lands, still requires that it
go through all the procedural due process as set forth in the Govern-
ment Code. Mr. Westbrook asked if this establishes enabling legislation
for subsequent action which the City Attorney replied is correct.
Mr. Westbrook mentioned that this means that subsequently, this
Council, or a subsequent Council, could apply this particular pro-
vision to any lands that presently exist in the City, be they zoned
one way or the other and the City Attorney stated this is correct
as long as there has been a proper public hearing and in this case
it can be laid out as a district and the OS-UR can be applied.
l
Mr. Westbrook stated that he feels it should be the objective of
every community to obtain and seek quality development and therefore
to apply an Urban Reserve District to properties that are presently
incorporated and have been for some period of time, within the City,
and established in certain densities or uses at the present time,
would affect those properties in terms of their marketability and
possible use. Without the knowledge of exactly what densities would
later be applied to those properties, by proper due course procedures,
it would say that if the owners of property presently having a den-
sity of 3 d.u./acre, if placed by subsequent Council action in
the Urban Reserve District, the 3 d.u./acres would be lost and the
owners would not know what they would be faced with until such time
as they make application for a specific plan for that area, at which
time the density could be set as the Council judgment at that time
resulted.
Mr. Grunwald stated it would be impossible, under the California
planning laws in adopting this ordinance, after having adopted the
General Plan amendment, to change the density proposed by the General
Plan which exists. The consultants have been very careful to stay
away from changing density and the Council does not have the discre-
tionary authority to change the density.
CM-29-343
March 17, 1975
(Zoning Ordinance Amendment)
Mr. Westbrook asked if the Urban Reserve District, by a subse-
quent Council action, be applied to the Ensign Bickford property
at the intersection of Porto1a and First Street, would that result
in a loss or change of the density presently and legally zoned on
that land?
Mr. Grunwald replied, "no", there would have to be a change on the
General Plan density policy before this could be done.
Mr. Logan felt it should be pointed out to those who might be interes-
ted, that the theory underlying the establishment of an OS-UR District
with PUDs is the requirement that any development be consistent
with the General Plan, as it now exists, and would hope that everyone
understands this.
~~
ON MOTION OF CM TURNER, SECONDED BY CM TIRSELL AND BY UNANIMOUS VOTE
THE PUBLIC HEARING WAS CLOSED.
CM TIRSELL MOVED TO INTRODUCE THE ORDINANCE AMENDMENT, ESTABLISHING
THE OS-UR DISTRICT, PREPARED BY GRUNWALD AND ASSOCIATES, SECONDED
BY CM FUTCH AND PASSED BY UNANIMOUS VOTE. THE TITLE ONLY WAS READ
BY THE CITY ATTORNEY.
Cm Miller stated that before the Council leaves this subject he would
like to mention that this ordinance created no rezoning but creates
the district and the Council discussed the possibility of hearings
beginning at the Planning Commission. It seems that the Council
should request the Planning Commission to prepare the notices for
those hearings so this can take place once the ordinance has gone
into effect. CM MILLER MOVED THAT THE PLANNING COMMISSION BE SO
DIRECTED, SECONDED BY CM TURNER, AND PASSED UNANIMOUSLY.
CONSENT CALENDAR
Resolution re
Appt. to P.C.
The following resolution was adopted appointing Brenda Souza to
the Planning Commission to fill the vacancy left by the resignation
of Robert Lindgren.
RESOLUTION NO. 47-75
A RESOLUTION APPOINTING PLANNING COMMISSIONER
(Brenda Souza)
Payroll & Claims
There were 101 claims in the amount of $454,648.67, dated March 10,
1975, and 296 payroll warrants in the amount of $88,565.14, dated
March 7, 1975, for a total of $543,213.81, approved by the Director
of Finance.
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM TURNER, SECONDED BY CM TIRSELL AND BY UNANIMOUS
VOTE THE CONSENT CALENDAR WAS APPROVED.
----/
MATTERS INITIATED BY THE STAFF
(State Dept. of Water
Res. Control Bd. Hearing)
Mr. Lee stated notice of a public hearing by the State Department of
Water Resources Control Board has been received concerning declaring
CM-29-344
March 17, 1975
(State Dept. of Water
Res. Control Bd. Hearing)
the entire Bay Area a 208 Planning Area. He stated that LAVWMA
had applied to the state for the planning agent of the valley and
Mr. Lee wanted the Council to be aware of the upcoming hearing.
l
(Location of OGO
Foundations - East Ave.)
Mr. Lee presented a cross-section drawing of the OGO Apartments
located on East Avenue and where the foundations for this project
are being poured with respect to the distance from the right-of-way.
The required setback for the building is 30 ft. and the closest
unit is just at 30 ft. from the property line. Within the 30 ft.
setback will be a 15 ft. bike path easement, leaving a minimum
distance of 15 ft. from the apartments to the bike path. The ease-
ment varies from 10 ft. to 15 ft.
Mayor Pritchard asked if the City normally measures setbacks from
the foundations or from the overhang, and Mr. Lee stated that the
wall line is used for the measurement and they are in conformance
with the setback requirements.
(Park Properties -
Crum Ranch & Ravenswood)
Cm Futch stated he has received a call from a member of the LARPD
Board who is interested in when the Park District might be able to
begin development of parks at Ravenswood and the Crum Ranch which have
been dedicated to the City and Mr. Parness explained that both LARPD
and the staff have been doing nothing about the Ravenswood design and
we are awaiting the results of the allocation of Proposition 1 monies.
There are five firms who are interested in the restoration of the
buildings at Ravenswood and they will soon be invited to take a
tour of the Ravenswood grounds. The visit will precede the interview
of each interested firm and once this has been done it is assumed that
the design work will begin.
(Beautification Com-
mittee Appointments)
Cm Miller stated that we have been asking the Beautification Com-
mittee to make suggestions with respect to selecting members for
the Committee and asked that a letter be sent to the Committee once
again to ask if they know of anyone who might be interested in serv-
ing on the Committee.
(Population Projection
- State Water Resources
Control Board)
Cm Miller mentioned that Cm Futch was going to write a letter to
the State Water Resources Control Board concerning their projections
for population in the valley, with copies to various agencies, and
Cm Futch commented that he has not had the opportunity to draft the
letter.
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(Committee Vacancies)
Cm Turner wondered about various committee vacancies and Mr. Parness
stated these will be coming to the Council with recommendations and
that the Council should note that the Industrial Advisory Committee
and the Transportation Committee both have vacancies that need to
be filled.
The City Clerk was asked to notify the press when there are vacancies
on committees.
CM-29-345
J
March 17, 1975
(Food Stamps)
Cm Turner stated that he has received a number of calls from
citizens who are concerned as to how they will obtain their
food stamps because the local bank which has been issuing the
food stamps will no longer continue to provide this service.
If the people cannot obtain the stamps, locally, they will have
to drive to Oakland for them and these people are very concerned
about getting to Oakland.
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Mayor Pritchard commented that Mr. Parness has checked into this
matter and has informed him that the County will be coming to
Livermore to speak with Mr. Parness and there is another agency
in the valley who may take over this service.
(Energy Conserva-
tion Ordinance)
Mayor Pritchard stated that he was hoping to speak with Mr. Street
who is absent this evening, about the Energy Conservation Ordinance,
and asked that this item be placed on the agenda. It has been
brought to his attention that there is some duplication in Ordi-
nances 715 and 848 (energy conservation ordinances) concerning
inspections, and there should be some amendments made.
THE COUNCIL DIRECTED THE STAFF TO CHECK INTO THESE ORDINANCES
AND REPORT BACK TO THE COUNCIL WITH RECOMMENDED AMENDMENTS.
(Adjournment to
Executive Sesion)
Mayor Pritchard stated that at the close of the meeting the
Council will adjourn to an executive session on Tuesday, March 18,
at 7:30 P.M., at 3070 East Avenue, to discuss personnel matters
and legal matters, as requested by the City Attorney.
COMMUNICATION FROM
P. C. RE SPECIFIC PLANS
The Communication from the Planning Commission concerning specific
plans was noted for filing.
COMMUNICATION RE
GEN. PLAN PROGRESS
A communication was received from Grunwald Crawford Associates
with respect to Progress Report No.5, for the General Plan
Program. No action was required of the Council and the report
was filed.
COMMUNICATION RE R.R.
GRADE SEPARATION
The communication from Chief of Police, Ronald Lindgren, was
noted and filed. The memo was a report of the traffic problems
created by the railroad relocation project and that at this time
the problems are practically non-existant with the exception of
detours which were necessary to resurface Livermore Avenue.
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CM-29-346
March 17, 1975
COMMUNICATION FROM B.C.
RE ACQUISITION OF LOT
AT PORTOLA & MURRIETA
o
The Beautification Committee has written to the Council to ask that
consideration be given to the acquisition of the southeast corner
of Porto1a and Murrieta Boulevard to provide for greenery at one
of Livermore's entrances, and also to provide for parking space
for BART commuters.
Mayor Pritchard stated that, as usual, acquisition and beautification
is a matter of finances and Cm Miller suggested that perhaps a pre-
preliminary appraisal could be done so that the City might ascertain
the amount of money needed for such a project.
Mr. Parness felt this was an item that should appropriat1y be dis-
cussed during the budget session and the matter was referred as
suggested.
COMMUNICATION FROM
RANDY SCHLIENTZ RE
MULTI-PURPOSE BUILDING
A letter was received from architect, Randall H. Sch1ientz, concern-
ing his interest in providing design services for the multi-purpose
structure to serve the community if funds are approved for this
project.
The letter will be filed pending further information as to the
status of the application for funds.
GREENS CO~~. MINUTES
Minutes for the Greens Committee meeting of January 16, 1975, were
noted for filing.
CONSIDERATION OF PU #18,
SPECIFIC PLANS 8, 9, & 12
CM TURNER MOVED TO TABLE CONSIDERATION OF PLANNING UNIT #18,
AND SPECIFIC PLANS 8, 9, and 12, SECONDED BY CM TIRSELL, WHICH
PASSED BY UNANIMOUS VOTE.
Cm Miller stated that prior to leaving this item he would like to
apologize to Mr. Strang in that the question over the 30 units
Mr. Strang says are coming to him, Cm Miller said that he did not
remember the Council ever committing the City to 30 units and he,
in fact, did not remember correctly. The Council had agreed by
a 3-2 vote to allow 30 units with Cm Futch and Cm Miller dissenting.
Examination of the minutes showed Mr. Strang to be correct.
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Mr. Older stated that he would like to ask a question about 5.1
which has just been continued and Mayor Pritchard stated that
with the Council's permission he would allow Mr. Older to ask a
question but would like to explain that the reason the Council
has taken this action is because our General Plan consultant has
specifically asked the P.C. and the Council not to do any specific
planning in these planning units until they have finished their
work on the General Plan.
Mr. Older asked if the extension of Springtown Boulevard is provided
for in the planning, and Mayor Pritchard stated that this will be
in PU #18, and when the Council discusses anything about that par-
ticular planning unit there will be a public hearing for all prop-
erties that will be rezoned or changed in any way.
CM-29-347
March 17, 1975
(PU #18 and Specific
Plans 8, 9 and 12)
Mr. Older stated that he cannot understand why the specific agree-
ment of Reeder for extending Springtown Boulevard, was ignored by
the city and why Springtown Boulevard still ends up in the desert.
Cm Miller replied that the reason Reeder was not made to follow
through was because previous Councils allowed him "off the hook".
This present Council has not allowed it but others did.
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Mr. Older indicated that he feels there is some moral obligation
involved on the part of the City of Livermore in getting Spring-
town Boulevard extended because if some older person is hurt or
maimed because of the traffic problem the City should feel some
responsibility because past Councils let Reeder off the hook.
Mr. Logan then explained the reasons he feels the City would not
be liable for any accident occurring because of the traffic prob-
lem and because Springtown Boulevard has not been extended.
Mr. Musso stated that, for the record, he would like to mention
that there is nothing in the specific plan for this area as to
whose responsibility it might be for getting Springtown Boulevard
extended.
RES. ESTABLISHING
AGRICULTURAL PRESERVES
ON MOTION OF CM TIRSELL, SECONDED BY CM FUTCH AND BY UNANIMOUS
VOTE, A RESOLUTION WAS ADOPTED WITH RESPECT TO REGULATIONS FOR
ESTABLISHING AGRICULTURAL PRESERVES (Williamson Act Acreage
provisions) .
RESOLUTION NO. 48-75
A RESOLUTION ESTABLISHING PROCEDURES FOR THE
FORM~TION OF AGRICULTURAL PRESERVES PURSUANT
TO THE LAND CONSERVATION ACT OF 1965.
REPORT RE WAXLAX
LANE - P.C. REPORT
The Planning Commission reported that consideration was given
to the referral from the Council concerning the establishment
of Waxlax Lane as a public street, presently a private street,
and by unanimous vote recommends that Waxlax Lane not be estab-
lished as a City street and that a policy statement for develop-
ment of this area be adopted prohibiting extension of Wax1ax
Lane to the proposed easterly extension of portola Avenue.
Mr. Parness commented that he feels the matter should be
referred back to the staff for the final preparation of the
sewer connection agreement, regardless of what the Council
decides with respect to whether or not Wax1ax Lane should be
a private or public street. He would also suggest one modifica-
tion to the earlier reference to the agreement, and that is the
requirement that the finished improvements along the frontage
road be installed at this time rather than to be postponed. The
major decision, however, is the decision concerning Wax1ax Lane
itself.
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CM TIRSELL MOVED TO ADOPT THE RECOMMENDATION MADE BY THE
PLANNING COMMISSION, SECONDED BY CM FUTCH.
Mr. Lee stated that his concern is that for the City to state
that Waxlax Lane is not a public road is not sufficient and
used Trevarno Road as an example of a private street that is
used by the public. The public is not aware that it is a private
street which is substandard and will probably remain this way.
CM-29-348
March 17, 1975
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(Planning Commission Report
re Wax1ax Lane)
Mr. Lee stated if Waxlax is to be a private street the Council
should decide how it will be treated, and secondly, if it is a
private street the parcel adjacent to it will have access to it
unless a "no access strip" is provided adjacent which would
prohibit later access to the street. The Council should also con-
sider what standards will be applied when the lane develops and
if trucks are using it.
Mayor Pritchard stated if the street is private and will remain
private, what difference would it make who uses it and what treat-
ment it receives?
Mr. Lee stated that it may remain private, according to the City,
but it will function as a public street and in time people will
complain to the City that they want signs put up on the street,
etc., and want the City to do something about the street, just
as they have done concerning Trevarno Road.
Discussion followed concerning Wax1ax Lane and the points raised
by Mr. Lee.
Mr. Musso stated that there is an ordinance that specifies if
this area is ever converted from the present residential use to
industrial use, it would have to improve a parking lot and this
lane would become part of a parking lot.
Earl Mason of Associated Professions, representing Oakland Scavenger
Company, stated that Oakland Scavenger is not interested in access
to Waxlax Lane; they want access to the frontage road and Ultimately
to Preston when it is extended through to Vasco Road. Mr. Parness
has suggested that if and when Waxlax becomes a developed road, the
one foot access strip be placed on the west side of the adjacent
piece so nobody can cross it; this is the time to do it, when it
is annexed to the City. This could be a condition of the sewer
connection agreement.
CM FUTCH MOVED TO AMEND THE MOTION TO INCLUDE THE NO ACCESS STRIP
OF ONE FOOT, AS A CONDITION OF THE SEWER CONNECTION AGREEMENT,
SECONDED BY CM MILLER, WHICH PASSED UNANIMOUSLY.
THE MAIN MOTION PASSED BY UNANIMOUS VOTE.
REPORT RE PROHIBITING
GROWTH BECAUSE OF
SEWAGE CAPACITY
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The City Attorney reported on our sewage treatment capacity and the
legality of the prohibiting of construction because of the lack
of sewaqe treatment capacity. The written report cited cases
in which prohibiting residential growth because of inadequate
facilities was challenged, and the decisions concerning these
cases. No action was required by the Council on this item.
Mr. Parness stated that because of the timing on the moratorium
situation he feels that, in view of the expired condition of
sewage capacity, the Council may wish to make a formal public
statement at this time pertaining to this matter. Simply stated,
the Council could say that because of the absence of any sewage
treatment capacity now, by virtue of technological input, no
building permits will be entertained until something is done to
relieve the lack of sewage treatment capacity.
Cm Miller stated there seems to be discussion about what our
available capacity is or is not and this should be clarified
with full details given to the Council in a report and possible
resolution, for consideration next week.
CM-29-349
March 17, 1975
DISCUSSION RE REGIONAL
WATER QUALITY CONTROL
BOARD TREATMENT STANDARDS
It has been suggested by the Council that there be a discussion
as to the transmittal of an official statement to the Regional
Water Quality Control Board requesting their consideration of
the effects of effluent disposal on underground water supplies
and environmental concerns associated with treatment plant expan-
sions.
J
Cm Miller stated that the issue was that the Regional Board is
considering adding some connections to P1easanton's plant and
there really is a question of contamination of underground water
supply, etc., and the Council was going to discuss whether or
not Livermore would take a position on this possible expansion.
Mayor Pritchard stated he read in the Oakland Tribune where the
Regional Board staff is recommending that additional capacity
be assigned to the plant but feels he is not totally knowledge-
able about their plant operation and is somewhat uncertain
about taking a position.
At this time the Council is not stating a position.
REPORT RE BIKE
LICENSING
The Chief of Police submitted a report concerning the results
of a survey taken among businesses in the City which deal with
retail sale of new or used bicycles and their willingness to
participate in a bicycle licensing program. The written
report was submitted to the Council for discussion.
Mr. Parness indicated no action would be required by the Council
because it was his understanding the initiation of the new state
licensing program would not be undertaken at this time, in view
of the fact that many changes will probably be made in the pro-
gram. He stated that some cities are even dropping the automobile
licensing because of the reluctance of the state to handle uniform
computerized record keeping. The legislators have met with all
of the police department, bicycle licensing officers to discuss
their concerns and apprehensions and this City was represented
at that meeting. It was his understanding that the Council concurred
that the City should wait to see what happens but that an inquiry
was to be circulated among those retailers who might agree to parti-
cipate in the licensing program at which time the City does decide
to go into the state program and to convert from the present program.
Cm Turner wondered if Mr. Parness is suggesting that bike licens-
ing not take place and Mr. Parness replied he is not suggesting
anything like this and that bike licensing is taking place at
present but that we have not converted to the state program.
Cm Turner stated that the letter he wrote spoke to the issue
of the need for bike licensing in the City of Livermore and
that this should be done at the schools, etc., and Mr. Parness
indicated that this would be under the new state program. Cm
Turner wondered why the City couldn't begin now and Mr. Parness
explained that we are licensing now, and the City has gone to
the schools to license bikes and that this was done at the begin-
ning of the bike licensing program by the City.
Cm Turner stated that on December 10th he asked that something
be done to get bikes licensed to help insure against theft;
this is March and nothing has been done.
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CM-29-350
March 17, 1975
(Bike Licensing)
(j
Mr. Parness stated he thought Cm Turner had been referring to the
state licensing program implementation and Cm Turner stated that
he has never referred to the state program. Mr. Parness indicated
that the City has licensed 14,000 bicycles since the City licensing
program has gone into effect and the City is currently licensing
bicycles, and the Police Department has strongly urged that the
state program not be implemented until we know what is going to
happen.
Cm Turner stated he would like to see those retailers who have
indicated they would like to help, begin licensing bikes.
Mr. Parness stated if the Council desires, the City can convert
to the state plan now, or the dealers can be asked to help admin-
ister the City licenses that we are presently using.
Cm Turner stated that he would furnish his letter to the staff once
again and would define his intentions with respect to bike licensing
and there was no further discussion of this item.
MUNICIPAL CODE AMEND.
RE CORPUS ORDINANCE
ON MOTION OF CM MILLER, SECONDED BY CM FUTCH AND BY UNANIMOUS VOTE,
THE SECOND READING OF THE CORPUS ORDINANCE WAS POSTPONED AT THE
REQUEST OF THE CITY ATTORNEY.
The City Attorney explained that he has received word that the
District Attorney is sending a letter to him with respect to why
the City of Livermore should adopt "willful and malicious", and
Mr. Logan asked that adoption of the ordinance be postponed until
after the letter has been received.
ADOPTION OF MUNI.
CODE AMEND. RE TAXIS
ON MOTION OF CM TURNER, SECONDED BY MAYOR PRITCHARD AND BY UNANIMOUS
VOTE OF THE COUNCIL, THE ORDINANCE CONCERNING TAXICABS WAS ADOPTED.
ORDINANCE NO. 860
l
AN ORDINANCE AMENDING CHAPTER 22 OF THE LIVERMORE CITY
CODE, 1959, RELATING TO TAXICABS AND OTHER VEHICLES FOR
HIRE, BY THE AMENDMENT OF SECTIONS 22.1, RELATING TO
DEFINITIONS; 22.6, RELATING TO INSURANCE COVERAGE; AND
REPEALING 22.10, RELATING TO SELF-INSURANCE, ALL OF ARTI-
CLE I, RELATING TO GENERAL PROVISIONS; AMENDING SECTIONS
22.22, RELATING TO QUALIFICATIONS OF DRIVERS; 22.30, RE-
LATING TO REVOCATION AND SUSPENSION, BOTH OF ARTICLE II,
RELATING TO DRIVER'S PERMIT; BY THE ADDITION OF SECTION
22.31.1, RELATING TO NONTRANSFERABILITY OF PERMITS; THE
AMENDMENT OF 22.40, RELATING TO REVOCATION OR SUSPENSION;
22.41, RELATING TO PERMITS FOR ADDITIONAL OR SUBSTITUTED
VEHICLES, ALL OF ARTICLE III, RELATING TO OWNER'S PERMIT;
AMENDING THE TITLE OF ARTICLE IV FROM STREET STANDS TO
TAXI STANDS, AND AMENDING SECTIONS 22.43, RELATING TO
DESIGNATION OF LOCATION: 22.44, RELATING TO LIMITATION
OF NUMBER OF TAXI STANDS; 22.45, RELATING TO LIMITATION
OF NUMBER OF TAXI STANDS PER OWNER; AND 22.47, TO PRO-
VIDE FOR ADDITIONAL TAXI STANDS, ALL OF ARTICLE IV; AND
AMENDING SECTION 22.59, RELATING TO RATES, OF ARTICLE V,
RELATING TO TAXICABS GENERALLY.
CM-29-3sl
March 17, 1975
WEEKLY STATUS RE-
PORT - CITY MANAGER
Sales Tax
Mr. Parness reported that the sales tax accrual for the last
quarter of 1974 was 54% above that of 1973 and is not sure
what this means, exactly, but it is a good increase and it
appears that there will be about an 18.6% increase year around.
"
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McCormick Reservoir Property
The case for the McCormick reservoir property has been settled
at $29,500 which was about equally divided between the City's
appraisal and the McCormick's appraisal.
unemployment Claims
with respect to some of the problems concerning unemployment
claims for Livermore citizens, at present, those who must
receive payments of this kind must travel to Hayward sometimes
as often as twice a week. This is costly and time consuming
and difficult. Reportedly, for some, it may consume as much
as four hours for a round trip journey. This is particularly
difficult for a mother who must arrange for child care. The
Council has asked him to appeal this matter which he has done
and after a great deal of discussion with the officials of the
State Employment Development Department, they have promised Mr.
Parness that those in the valley who wish may ask to have checks
mailed to them. This was allowed during the "energy crisis" but
was not used by many people and they feel that one of the reasons
more people did not request to have checks mailed is because there
is about a three day wait. Once the three day wait has been exper-
ienced it does not continue and checks will be received regularly
and they have asked that Mr. Parness announce publicly that forms
will be mailed to each recipient or each qualified person and that
such forms will also be available in the unemployment office. Mr.
Parness stated that those receiving checks will be required to
confirm their employment status once or twice a year and he feels
this is a big service to the local citizens.
Food Stamp Service Cancellation
Mr. Parness stated that the cancellation of the food stamp service
by the local bank is a matter of economics. The bank is receiving
a limited amount of $600 per month from the Alameda County Human
Resources Agency, and it is costing them about $1,300 to administer
the program; therefore, they can no longer continue to provide
the service. The Human Resources Agency is going to visit Mr.
Parness to discuss a substitute location. One of the suggestions
has been for the post office to administer the stamps and there
are other possibilities.
Unemployment Service Bureau
Mr. Parness has been told that the unemployment situation has
changed in the valley and perhaps Livermore would be justified
in asking that an Unemployment Service Bureau be located in
Livermore. Presently, the nearest office is located in Hayward.
The office, in the beginning, may be manned only part-time but
this would be a start and it has been suggested that we make
application, which we intend to do. The push would be to get
quarters in the valley and to have it outfitted because the State
Unemployment Department must be a self-sustaining enterprise. He
has been told by the ACAP staff that an application would be
favorably entertained by the staff for assistance with funding
for this purpose. He has also contacted Congressman Stark.
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CM-29-352
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March 17, 1975
Meal Program
Mr. Parness has been informed today of a Congregate Meal Program
which at present he is not familiar with but it is the program now
going on in Pleasanton. They have an allocation for about 25
lunches per day but there are only about 3 or 4 of our citizens
who can get to Pleasanton and some of the people over in P1easanton
would like to relocate it to Livermore. Don Bradley, with the City
of Livermore, is involved with this program and perhaps something
can be done to get the program to Livermore.
Senior Citizens
Funding for senior citizens housing and staffing problems have
just about been solved and will be taken care of by LARPD or
another source.
ADJOURNMENT
Mayor Pritchard adjourned the meeting at 11:35 P.M. to an executive
session to discuss a1 and personnel matters.
APPROVE
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ATTEST ( " c, i -. ~..
y Clerk
iv 'ore, California
Regular Meeting of March 24, 1975
A regular meeting of the City Council of the City of Livermore
was held on March 24, 1975, in the Municipal Court Chambers, 39
South Livermore Avenue. The meeting was called to order at 8:05
p.m. with Mayor Pritchard presiding.
ROLr~ CALL
Present: Cm Turner, Miller, Futch, Tirse11 and Mayor Pritchard
Absent: None
PLEDGE OF ALLEGIANCE
Mayor Pritchard led the Counci1members and those present in the
audience, in the Pledge of Allegiance.
MINUTES
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE, THE MINUTES FOR THE MEETING OF MARCH 10, 1975, lVERE APPROVED
AS SUBMITTED.
AGENDA ITEMS
Mayor Pritchard commented that the agenda is very lengthy this
evening and wondered if anyone would like to speak on Item 6 (d)
(Annexation Fee Calculations); or 6 (e) (Zone 7 Rate Adjustments).
CM MILLER MOVED TO POSTPONE DISCUSSION OF THESE ITEMS FOR 2-4 WEEKS
TO ALLOW THE COUNCIL THE OPPORTUNITY TO REVIEW THESE ITEMS FURTHER,
SECONDED BY CM TIRSELL, AND PASSED UNANIMOUSLY.
CM-29-353
March 24, 1975
OPEN FORUM
(Library Needs
Consultant)
Ray Fa1tings, 1018 Via Granada, stated that several months ago
the Council approved the employment of a consultant to determine
the needs of the library in serving citizens of the community and
wondered if consideration has been given to the possibility of com-
bining any public library expansion of services, such as branch li-
braries, as a coordinated activity with the School Board. He stated
that the School Board is building and expanding at Christiansen,
Sunset East II, and Las Positas, and that these sites might be con-
sidered for locating branch libraries. He felt that it might be
advisable for this information to be passed on to the consultants
for consideration.
J
Mr. Parness indicated he felt it would be a very good idea to allow
public input and that it might be appropriate to have at least one
public hearing and that something of this nature be specified in
the contract which is now being drawn up. He also felt this was
a very good suggestion that should be passed on to the Library
Board.
Cm Tirse1l mentioned that this suggestion had been before the
School Board and they were not opposed to the idea~ however they
were concerned about being able to keep the branches open in the
evening and staffing problems.
Cm Miller suggested that a memo be sent to the consultant, the
Library Board and the School Board indicating favor of the sugges-
tion made by Mr. Fa1tings.
CONSENT CALENDAR
Minutes
Minutes for the Design Review Committee for their meeting of
March 11, 1975 were noted for filing.
Payroll & Claims
There were 107 claims in the amount of $199,349.06, dated March 17,
1975, approved by the City Manager.
Departmental Reports
Reports were submitted by the following Departments:
Airport Activity - February
Building Inspection - February
Mosquito Abatement District - January
Municipal Court - January
planning/Zoning Activity - February
Police Department - February
APPROVAL OF CONSENT CALENDAR
ON MOTION OF CM TURNER, SECONDED BY CM TIRSELL, AND BY UNANIMOUS
VOTE, THE CONSENT CALENDAR WAS APPROVED.
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CM-29~354
March 24, 1975
MATTERS INITIATED
BY THE COUNCIL
L,
(Inspection Fees)
Cm Futch stated that there was a $3.50 charge by the City of
Livermore for inspection of a gas line he had installed for a
gas dryer at his home and he was told by one of the staff people
that there was a $25 inspection fee on attic fans. Cm Futch asked
if Mr. Street would explain the $25 attic fan inspection fee.
Mr. Street replied that the $25 fee includes a $5 filing fee for
a report of residential building records and that the $20 is for
inspection to determine whether or not the attic fan conforms to
the Energy Consdervation Standards, which includes determination as
to whether there is sufficient insulation and proper baffles for
vents and involves a lengthy process and necessitates going up into
the attic to examine the area under the eaves, etc. The attic fan
permit is a simple electrical permit which amounts to about $3.00
or $3.50 and the check would be to see if it is connected properly
only.
Cm Futch wondered how many attic fans have been installed and Mr.
Street commented that the City has been keeping very close records
on such installations. It has been six months since the ordinance
concerning conservation standards has been adopted and he intends
to submit a report to the Council at the end of this month as to
what the City's experience has been.
(Wall Street/Stanley
Blvd. Property - Possible
Addition to Park Site)
Cm Futch mentioned that a letter has been submitted to the Council
from Mr. Guy Willis, owner of property on Wall Street and Stanley
Boulevard which indicates that they would settle for $24,500 for
their property which is less than the estimated value. The proposal
would be as follows:
Asking Price
$29,500
$5,000 Donation to LARPD
-5,000
Cost to City
$24,500
Cm Futch stated he realizes $24,500 is a large expense for park
property but inasmuch as there is a $5,000 donation towards the
cost he would like to know if the Council would like to reconsider
purchasing the site.
Mayor Pritchard explained that this is not an agenda item but that
the Council received a letter from Mr. Willis in the agenda packet
suggesting the above mentioned offer and would like to have some
indication as to how the Council feels about the offer.
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Mayor Pritchard added that when purchase of this site was considered
by the Council previously LARPD noted that this area is not one of
their first priorities for park acquisition; however, if the City
feels the purchase can be made at a bargain price there may be in-
terest. He stated that he would like to have the City Manager pursue
the matter and report back to the Council.
Cm Miller stated that one of the problems was that LARPD was not
particularly interested in purchasing this property. While the
offer from the property owner is very good, the City should check
back with LARPD about the new proposal and if they would be interested.
CM-29-3ss
March 24, 1975
(Wall Street/Stanley Blvd.
Property Acquisition)
Mr. Parness commented that according to the LARPD staff, it is
felt that this property would be a good addition to Pioneer Park
and would round out that corner; however, there are other things
they would like to see done also and the financial aspect is the
major consideration. He stated that with the permission of the
Council he would like to discuss this matter with other appraisers,
the LARPD staff, and the owner of the property.
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Cm Miller felt it would be useful for the Council to see a report
of the other priorities and the amount of money left for acquisi-
tion of property.
Mayor Pritchard stated that there has been a change in the list
of priorities in the past because of one reason or another and
if it should happen that this property changes ownership there
is the possibility that multiples would be developed and the City
would lose the chance to add this to Pioneer Park.
The staff was directed to look into this matter once again and talk
to the people mentioned by Mr. Parness with a report back to the
Council.
(Campaign Contribu-
tion Ordinance)
Cm Miller stated that before the last election, a campaign contri-
bution ordinance was adopted and at that time the Council felt
there were some considerations which should be postponed until
after the election, which has now been more than a year, and he
would like possible amendment of the ordinance to be placed on a
future agenda and that he would like to speak with the City Attor-
ney concerning a draft amendment for the Council's consideration.
The Council concurred with this suggestion.
(Law Suit Against Pleasanton)
Cm Miller stated that the City of P1easanton has some serious legal
problems because of the suit by the developers, essentially, "hold-
ing the City for ransom" because of their sewer problems. There is
some evidence that the additional capacity P1easanton wanted is not
going to be allowed; consequently, the legal problem is serious.
Since Livermore is about to run out of sewage capacity there is a
common nature to the problems of Pleasanton and what Livermore
could have. He would like to suggest that the City of Livermore
express a willingness to provide an amicus brief on their appeal
of the developer's law suit, on behalf of this Council. He stated
that he feels this would be very helpful and would be in the spirit
of cooperation between the agencies, AND SO MOVED, SECONDED BY
CM TURNER.
The City Attorney stated that he feels Ken Schidig would be delighted
to have the City enter into this law suit on an amicus level and there
is a possibility that they might be so inclined, when we get into the
battles of Las Positas, to join us. Generally, it would be mutually
beneficial to everyone concerned and he would be willing to take the
time to file the brief. i
J
MOTION PASSED UNANIMOUSLY.
CM-29-356
u
March 24, 1975
(Election of Mayor)
Cm Turner stated that he would like to have the election of Mayor
for a discussion on the agenda for possible ballot item in 1976 _
asking the citizens if a Mayor should be elected.
The City Clerk was asked to place this item on a future agenda for
discussion; within six weeks.
COKMUNICATION RE CONTRI-
BUTION OF ALL WEATHER
FLAG - LIV. WOMAN'S CLUB
A letter was received from the Livermore Woman's Club indicating
that they would like to donate an all weather flag, lighting, and
a plaque as their contribution to the Bicentennial celebration.
The estimated cost for the flag and lights would be $450.
Betty Johnsen, President of the Livermore Woman's Club, stated
that they would like to make the donation, as mentioned, with a
plaque placed on the pole indicating that the club made the donation
and contributed toward the all weather wiring.
The Council accepted the offer with gratitude, and Mayor Pritchard
stated that he would like to see a special presentation of the flag
made at one of the Council meetings when the flag is ready.
LETTER OF RESIGNATION
FROM BEAUTIFICATION
COMMITTEE (Hamilton)
A letter of resignation from the Beautification Committee was received
from June Hamilton and the Council asked that the staff write to
June thanking her for her work on this committee.
Mayor Pritchard commented that while the Council is on the subject
of a vacancy he would like to point out that it appeared in the
local newspaper that Harry Silcocks and Ayn Weiskamp were being
removed from this committee and this is not true; their term of
office had expired, and generally the person is reappointed.
TRACK RELOCATION
TRAFFIC CONDITIONS
The Chief of Police reported that traffic continues to flow smoothly
around the railroad relocation construction areas and no adjustments
are needed or recommended at this time.
Cm Tirsell mentioned that when she visited the construction site
she observed boys of the junior high age playing in the excavated
area near the pylons and would like the Police Department to keep
an eye on this type of activity.
ABAG SUMMARY OF
AB 625 BAY AREA
PLANNING AGENCY
l
The Council received an ABAG summary of the AB 625 Bay Area
Planning Agency, for informational purposes.
NOTICE OF INITIATION
OF STUDY - CORPS OF
ENGINEERS
A Notice of Initiation of Study of the Alameda Creek Urban Study
was submitted by the Department of the Army, Corps of Engineers.
CM-29-357
March 24, 1975
(Notice of Initiation of
Study-Corp of Engineers)
Cm Miller stated that the representatives from the Corps of
Engineers were polite and are trying to do what they perceive
as a good job. However, the whole nature of this study has
bothered the City Council and the fact that there is no real
local invitation to the Corps should be expressed once again
to Congressman Stark. Our concerns should be passed on to him
and although he is aware of our stand Cm Miller felt the Council
should express our concern again with a co~ment about the nature
of the initiation of the study without any real interaction with
local officials.
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Cm Futch felt perhaps the City should wait a little longer before
contacting Congressman Stark, as there is a possibility we might
learn more of the nature of what the Corps of Engineers intends
to do. It appears that they are initiating the preliminary study
program which is estimated at $lOO,OOO and later do the major study
which may amount to ten times this amount.
Cm Miller agreed with Cm Futch that the City should wait and the
matter was noted for filing.
COMMUNICATION RE
LOMITAS AVENUE
A letter was received from the Alameda County Board of Supervisors
indicating that their Public Works Department was directed to come
up with estimates of costs that would be involved in setting up an
assessment district to provide water to the Lornitas Avenue area.
ORD. 75-41 ESTABLISH-
ING LIVERMORE-PLEASANTON
JUDICIAL DISTRICT
A copy of Ordinance No. 75-41 was received from Alameda County,
establishing the Livermore-Pleasanton Judicial District, boundaries,
and place for holding sessions.
APPLICATION FOR VARIANCE -
CHARLES W. DUNN RE SETBACK
The Planning Director reported that an application was received
from Charles W. Dunn for a variance in side and rear yard setbacks
to allow construction of a living room addition. Side and rear
yard setbacks are established to provide space separation between
residences for various reasons and this was one of the principal
reasons for creating the RS Zone. It is felt that the reduction
requested would impair the purposes of the Zoning Ordinance and
there are alternatives available to the applicant. In this par-
ticular instance there is no exceptional or extraordinary circum-
stance involved; such a variance would constitute a grant of special
privilege; is not necessary for the preservation and enjoyment of
substantial propertv rights possessed by other properties in the
same zoning district; and the authorizing of such a variance will
be of substantial detriment to the adjacent property. For these
reasons the Planning Commission has recommended that the applica-
tion be denied.
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Charles Dunn, 19 Ranier Avenue, presented drawings of the floor
plan for his home illustrating the requested variance and the
suggested alternative by the Planning Department. He reviewed
the drawings with the Council and discussed problems he feels
would exist with the suggested alternatives.
CM-29-358
March 24, 1975
(Variance re Setback-
Charles W. Dunn)
c
Mr. Dunn stated that he would emphatically disagree with the state-
ment made that there are no extenuating circumstances involved. He
reviewed all the lots in the H. C. Elliott, Sommerset West Tract and
there is no other cul-de-sac lot with the setbacks he has for his
home. He added that there has been a problem with the Planning
Department deciding whether he has two back yards or three side
yards.
Mr. Musso commented that there have been instances in which the
back yard was treated as a side yard; however, in this case a
variance would still be needed so it is irrelevant. If the Planning
Department could have solved the problem by treating the back yard as
a side yard they would have considered it; however they couldn't.
Cm Miller stated that this is a case in which a lot was developed
RS in the time period when it was an average 25' minimum 15'. This
is a five sided lot with one front, two sides and two backs.
Mr. Dunn stated that at present his house is built 12 ft. into the
back yard; even without a variance now, the builder has mislocated
the home. He stated that his main contention is that if the home
had been situated on the lot as is every other cul-de-sac home in
the Elliott Tract, he would be allowed the addition. There is not
another home in the tract with this IS' easement.
Cm Miller stated that variances apply to property - not to the struc-
tures that are built on the property. Setbacks apply to the property
and not to the fact that the house is badly placed on the lot.
Mayor Pritchard asked Mr. Musso if houses are normally oriented in
a more useful way on these cul-de-sac lots and Mr. Musso explained
that there really isn't a "normal" way to locate the houses on these
lots and that many times they are located poorly.
It was noted that the house could have been moved over another 7 ft.
and still be within the RS setback.
Cm Futch stated that Mr. Dunn mentioned if the addition was placed
in the patio area it would block a window and a sliding glass door
and Cm Futch commented that he has seen this problem solved by leav-
ing a breezeway between the existing house and the addition.
Mr. Dunn stated that if he does something like this the Code would
require him to knock out the back wall because there are regulations
with respect to the amount of light necessary per living quarter.
Cm Futch stated he is not suggesting any window be eliminated but
rather that the breezeway would allow the window and sliding glass
door to remain with a walkway between the sliding glass door and
the added room, and Mr. Dunn stated that this would mean that the
proposed structure to be built would have to be smaller to leave
room for the breezeway. Cm Futch stated that there is plenty of
room for adding on in this area as well as providing for a breezeway.
Mr. Dunn stated he appreciates the suggestion of the breezeway and
the Council's willingness to help him solve his problem; however the
suggestion, because of the specific layout of his house, would be
a detriment from an aesthetic viewpoint. He again reviewed the
desired plans for the addition which would add an entrance from
the back.
Cm Turner stated that from a personal point of view he can see no
reason to allow the variance and would like to suggest that Mr. Dunn
go back to the Planning Department to see if something can be worked
CM-29-359
March 24, 1975
(Variance re Setback -
Charles W. Dunn)
out so that the plan will conform to the required setbacks and
also satisfy most of Mr. Dunn's concerns.
Mr. Dunn stated that he is a family man with three children as
well as a person who likes to have friends come to his home and
the Council probably realizes that these homes are small and he
desires an area where the children can play inside the home. He
has already discussed this matter with the Planning Department and
has spent $45 to appeal to the Council and the Planning Department
is not willing to compromise at all. They have only suggested al-
ternatives which he feels do not serve his needs.
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Cm Miller explained that, legally, the Planning Department is not
allowed to compromise law.
Mr. Dunn stated that he appreciates this fact and also appreciates
what the Council is trying to do; however, he feels that he does
have extenuating circumstances and that any other owner of a parcel
in a cul-de-sac lot in this tract would be allowed to build what
the City is denying him to build.
Mr. Musso explained that after the P.C. denied the variance the Plan-
ning Department staff did spend approximately half a day trying to
find an alternate suggestion that would be agreeable with Mr. Dunn.
Mr. Dunn mentioned that there were only three members of the P.C.
present at the time they denied the variance and that one of these
three did not vote in favor of denying his application. He stated
that there are times in which logic must be used rather than strict
adherence to "the book" and asked that the Council take this into
consideration.
Cm Miller stated that Mr. Dunn has been placed in an extremely un-
fortunate position but the Council must face the problem of applying
the laws of the City equitably. Mr. Dunn is the victim of a poor
house layout; however, the fact that the house was situated this
way cannot be taken into consideration unless there is something
distinctive about the way the developer laid out the house. If one
looks at the setback requirements for the house, there is nothing
distinctive about Mr. Dunn's property. Mr. Dunn's property is
exactly the same as every other RS-4 cul-de-sac lot in the City of
Livermore. There must be a 30 ft. total setback and he explained
his reasoning by illustrations on the exhibits. The fact that
the developer did a poor layout is not sufficient reason for
the Council to grant the variance. Cm Miller explained that all
four findings must be justified before the Council is allowed to
grant the variance, and the first cannot be met: I. There are
no exceptional or extraordinary circumstances applicable to the
subject property that through the strict application of the Zon-
ing Ordinance deprives the subject property of privileges enjoyed
by other properties in the vicinity and under identical zone class-
ifications. A room addition could be constructed and conform to
Building and Zoning regulations. Cm Miller stated that this refers
to the lot - not the house and the lot; the strict application of
the zoning ordinance does not deprive the subject property of
privileges enjoyed by other properties in the vicinity and under
identical zone classifications. If there were a PG&E easement
that were in a different place, such as outside the setback, then
this would make Mr. Dunn's property different, but such is not the
case. The PG&E easement is in the required setback by the City's ~
Zoning Ordinance so in this sense there is nothing special about
this particular property. The Council cannot make the first find-
ing, or at least he feels the first finding cannot be made. All
four must be made or the variance cannot be granted.
CM-29-360
March 24, 1975
(Variance re Setback -
Charles W. Dunn)
L
Mr. Dunn stated he disagrees with this viewpoint because of one
specific reason; basically, it has been agreed that the layout
is bad so something is wrong someplace. Obviously, if there is
something wrong with his specific plans that are not in someone
else's plans, this would be extenuating circumstances.
Cm Miller stated that the granting of a variance is subject to
state statutes and there are certain conditions that must be re-
quired, which are listed. What may be extenuating circumstances
as to how the developer laid out the house is not an extenuating
circumstance with respect to the statutes the City Council must
abide by. This is where the conflict arises.
There was discussion concerning the setback requirements for the
area at the time the house was built, which is a 10 ft. minimum
rear yard setback and a 25 ft. average setback, which Cm Miller
stated appears to have been satisfied.
CM TURNER MOVED TO DENY THE APPEAL FOR A VARIANCE, BASED ON THE
FINDINGS BY THE PLANNING COMMISSION, SECONDED BY CM TIRSELL.
Cm Turner added that he would urge Mr. Dunn to continue working
with the Planning Department to see if they could arrive at a
suitable plan that would comply with the ordinance.
Mr. Dunn stated that if a majority of the Planning Commission had
been present he would not have appealed to the Council and Mayor
Pritchard explained that with the exception of very few instances,
a majority of the quorum is acceptable.
Mayor Pritchard stated that he would like to point out that Mr.
Dunn has no other place to go and that the Council was his last
hope on this item. The Mayor stated that he doubts if granting
the variance would really constitute special privilege for that
particular piece of property and will vote against the motion.
Cm Tirsell stated that these types of applications are the most
difficult items Planning Commissioners have to work on because
the applicant is standing before them and it becomes a very
personal problem and very difficult. One must keep in mind
all the misplaced houses in cul-de-sac lots and the obligation
the City has for the neighborhood and the setbacks required. She
stated that she feels the staff and Council have done their best
to offer alternatives and regrets that his particular desires do
not fit within our ordinance but it is not possible to design an
ordinance that would fit everyone's desire, and for these reasons
will support the motion.
MAYOR PRITCHARD CALLED FOR THE QUESTION AND THE MOTION PASSED
4-1 (Mayor Pritchard dissenting) .
REPORT RE INDUSTRIAL
TENTATIVE MAP NO. 1597
- RESEARCH DRIVE (SHAHEEN)
l
The Planning Commission has considered an Industrial Tentative
Parcel Map No. 1597 submitted by Roger Shaheen for property located
south of Research Drive and west of Vasco Road. The Planning Commis-
sion has recommended adoption of the Environmental Impact Report,
and approval of the subject map, subject to the following conditions:
I. Approval subject to available sewer capacity.
2. Pending formal adoption by the City of a new Future width
Line for Vasco Road to accommodate bike lanes; that the
subdivider be required to dedicate additional street width
CM-29-36l
March 24, 1975
(Tentative Map No. 1597
Research Drive)
for a measured right-of-way 55 ft. from the existing
centerline with an additional 5 ft. of easement within
the required front yards of the abutting properties.
3. Deletion of Engineering requirement of off-site water main
extension from northeast corner of subject tract to East Ave.
)
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4. No access allowed on Vasco Road, with the exception of a
driveway at the northeast corner of the Tract, and that
an I District backing lot treatment be required along
Vasco Road frontage consisting of a low open fence.
5. provision of a 5 ft. bike path along frontage of the sub-
ject tract, physically separated from vehicular traffic.
Mr. Musso explained the discussion which took place at the Planning
Commission and the reasons for their recommendation and conditions,
and the Council discussed access to Vasco Road.
Cm Tirsell wondered if the City is making a problem for the Fire
Department equipment if a configuration with an easement is re-
quired if subdivision takes place since they won't have access to
Vasco Road and Mr. Musso stated that the ordinance requires an
easement for emergency access.
Mr. Musso stated that the primary reason the Planning Commission
wanted no access to Vasco Road was to facilitate the flow of traffic,
with less obstruction of traffic.
Mr. Lee stated that medians are being planned for all major streets
and it has been Council policy for many years to limit access to
major streets, particularly in a case such as this where there
can be an interior street to serve the lots, or the lots can be
redesigned with all lots abutting on Research Drive.
Cm Futch commented that it seems there is a major problem involved
with the center portion not being part of the tentative map, and
there should be another street through the center and somehow
looping over to Research Drive.
The other major item of concern expressed by the P.C. was the
water line and the recommendation was that they would not be
required to extend the line from the northeast corner of the
tract to East Avenue.
Mr. Lee stated that normally the waterline issue is not con-
sidered a planning matter but in this case there is a problem
with a water extension to this area. To begin with, this is a
low pressure area. As the line is extended there is an elevation
in the line to service the area as well as the fact that they are
getting service at the end of a line and the pressure drop is ex-
pected to be excessive and it is anticipated that the 2,500 gallons
per minute needed for fire protection would not be possible unless
there is a loop in the line. The City is asking that the developer
bond for the water line and for the loop that will be needed.
Earl Mason of Associated Professions, Civil Engineer for Roger
Shaheen the property owner, stated that Mr. Lee is correct in
saying that they will be at the end of a water line and the 12"
main goes all the way through Wagoner Farms before it gets to
them and low pressure is presumed. There will be low pressure,
however, with or without the loop. It is their understanding
this low pressure will exist until a line can be provided from
the Greenville Road proposed reservoir, down Vasco Road to their
property. He stated that if this is going to be done there will
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CM-29-362
March 24, 1975
(Ten~ative Map 1597
Research Drive-Shaheen)
have to be some type of assessment district provided and he would
like to know why the line on East Avenue couldn't be added to that
project. The developer would prefer not to have to front the money
for a benefit district for the basic line. If the City is going to
front the cost of the line for 8" on East Avenue and 10" on Vasco
__~.._.--L--_~. __.-L.~--:J. ~_~_. A.lo................~.~. .r~...t:'ii-u he t-hc
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1. A loop of water lines would result in a pressure drop of
approximately 6 psi between the intersection of Research Dr. and
East Avenue and the south end of the loop when delivering 2,500 gpm
for fire fighting.
2. A single water line would result in a pressure drop of
approximately 60 psi between the intersection of Researoh Dr. and
East Avenue and the south end of the line when delivering 2,500 gpm
for fire fighting. !);</.Ju/, / 'l'--~/J, ~:.;_
~li:L# L,,(! ~ ct:~/ c f::e e ,~>
CM MILLER MOVED THAT THE CITY REQUIRE A WATER LOOP LINE, WITH AN
APPROPRIATE BOND, SECONDED BY CM TIRSELL.
Cm Turner asked about the water line from a fire safety standpoint
and Mr. Lee commented that the Fire Department would want 4,000
gallons per minute for an industrial fire, and there would be
something in the area of 2,500 gallons per minute avaialable. He
indicated that by drawing on the fire line the Fire Department
could get the 2,500 gallons even if the pressure was as low as
25 psi.
It was mentioned that there was not a lot of discussion noted in
the P.C. minutes and the Council wondered why the P.C. felt it not
necessary to require the loop and Mr. Musso commented that, essentially
the P.C. was convinced by Mr. Mason's argument and particularly
by the fact that not requiring the loop does not increase the amount
of reliability because they will still be at the end of a dead
end, which was followed by discussion.
Cm Miller mentioned that his motion did not speak to a benefit
district. The recommendation of the Public Works Department is
that the City pay for the oversizing and how we work the rest of
that out has not been spoken to - the developers part, according
to the motion, would be bonding.
AT THIS TIME THE MOTION PASSED 3-2 (Cm Turner and Futch dissenting) .
Mr. Mason felt it would be fair to mention something about a benefit
district if it is later determined that this is the Council's pOlicy,
rather than coming back and discussing whether or not there will be
a benefit district.
Mr. Logan stated that there is some mention in an ordinance about
water but is not convinced nor prepared to respond about benefit
districts or the affect they might have with respect to this par-
ticular project.
Mr. Mason commented that he understands the City Attorney would
want to check into the legalities, but felt it would be possible
for the Council to say that if it is legal a benefit district may
be established.
CM MILLER MOVED THAT THE QUESTION OF THE WATER LINE BE SUBJECT
TO A BENEFIT DISTRICT, PROVIDED THERE ARE NO LEGAL DIFFICULTIES,
SECONDED BY CM TIRSELL.
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The City Attorney concurred with this wording and Cm Miller ex-
plained that he does not want to be specific with this motion and
intends to leave it open with details to be worked out later.
Cm Futch expressed concern for voting for a benefit district
without knowing all the details of what he is voting for.
CM-29-363
Harch 24, 1975
(Tentative Map. 1597
Research Drive-Shaheen)
The City Attorney stated that the motion does not state that the
Council is voting for a benefit district but rather is saying that
if it is legally appropriate a benefit district could be set up.
Cm Futch stated that it may be legally appropriate and yet not in
the best interest of the City to form a benefit district. His under-
standing of the motion is that if it is legal, a benefit district
will be set up.
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MOTION PASSED 4-1 (Cm Futch dissenting) .
The Council then discussed Lot 20, and access to this area. The
P.C. has recommended that there be access at the north side of
Lot 20, so that when the owner needs an access there will be an
access at the north and south. Also, there was a suggestion
that there be access between the Bieber and Walz property. Mr.
Mason would request that an alternate be considered for making
Lots II, 12, and 13, into two parcels split in the middle of
Lot 12 with access at the north serving Lots 12 and l3 with
one driveway. Lots II and 10 will access onto Research Drive
and the piece that is half of 12 and 13 should have an access.
He stated that they are asking only for a driveway "in" and a
right turn coming out of those lots. Ultimately these will
all have to be made for right hand turns because there should
be no break in the median on the major street. He felt the
right turn policy along the major street would not create a
problem even with a number of exits from the industrial property.
Cm Futch illustrated a suggestion for providing for a street
for all the parcels, internally, from Research Drive to the
undeveloped areas.
Mr. Mason stated that this would mean a loss of 60 ft. for
the street as well as IS ft. on each side of the street for
the setback and is sure the client would not be interested in
this suggestion.
Cm Turner stated that, in time, there will be a traffic problem
with Vasco Road and this should be taken into consideration at
this time.
CM TURNER MOVED TO ALLOW ACCESS AT THE NORTH OF LOT 20, AND
ACCESS IN THE MIDDLE OF THE BIEBER, WALZ PROPERTY, WHICH HE
ILLUSTRATED USING "X" ON THE COUNCIL MAP. MOTION WAS SECON-
DED BY eM TIRSELL. MOTION PASSED 4-1 (Mayor Pritchard dissent-
ing) .
Mr. Mason referred to III. Sanitary Sewers, of the Revised
Amendment to Engineering Considerations, dated 2/6/75, and
Mr. Lee stated that the City is requiring that the sanitary
sewer be placed on Vasco Road in front of the developing
property. This would be a nonfunctioning system because
they will be getting all of their service in~tract. Mr.
Mason is making the point that the developer would not be
reconstructing the center of the street and this is a re-
quirement that could be delayed; this is a valid point.
Mr. Mason stated that this is the area in the center of
Vasco Road from the south side of Lot 10 to the north
side of Lot 20, which is already paved and which the develop-
er will have nothing to do with as far as improvements are con-
cerned. It would be for the use of somebody south and east of
them. This particular subdivision will be taken care of completely
in-tract from the sanitary sewer located in Research Drive; therefore,
they would definitely like to have this requirement eliminated.
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CM-29-364
March 24, 1975
(Tentative Map 1597-
Research Drive-Shaheen)
Mayor Pritchard mentioned that for all intents and purposes the
Council just moved to deny frontages for three parcels and this
will mean that they will have Research Drive addresses.
u
It was noted that this item was not discussed by the Planning
Commission.
Cm Miller stated that the City has been requiring sewers along
frontages for the 17-l8 years he has been following Council
matters, and as for this property he does not know if there are
other properties that have been required to put in the sewer line,
with the same situation as a result of this policy but would like
this researched. He stated that he does not want to get into dis-
cussion about this tonight. The staff can come back with a report
as to whether there are other properties of this kind or not and
if there are other properties that have been required to hook up
to the major street line then this property should also be required
to pay for the sewage. The Council has to be very careful about
establishing a new policy without realizing it which would end up
with our taxpayers paying for the cost of the large sewer line.
Mr. Mason pointed out that this is a different situation because they
are being asked to pay for something they will not be using and that
someone else will be using. Generally, one side of the street has
sewers and the other side has the water line and the frontage pays
for whatever line is on his side of the street. This is a somewhat
similar situation - this is for the use of the person on the east
side of the street and it just happens that they intend to develop
up to that point in the street. If they are required to hook up
to this line it would mean that the street will have to be torn
up. He felt if they have to pay for the water line, somebody else
should pay for the sewer line.
CM MILLER MOVED THAT THE COUNCIL ACCEPT THE RECOMMENDATION OF
THE P.C. WITH THE AMENDMENTS ALREADY MADE ABOUT THE BENEFIT
DISTRICT AND ACCESS, FOR APPROVAL OF THIS SUBDIVISION WITH THE
FURTHER CONTINGENCY THAT THE QUESTION OF PROVIDING THE SEWER LINE
ON VASCO ROAD BE RESOLVED AFTER A REPORT FROM THE CITY STAFF,
SECONDED BY CM FUTCH.
Mr. Mason stated that he wants approval of the tentative map now.
The developer is ready to go and the Council can put whatever con-
dition upon it that they might want. There have been three delays
with the Planning Commission and a month between each delay.
CM MILLER STATED THAT HIS MOTION WILL REMAIN THE SAME BUT WILL
AMEND IT TO ADD THAT THE SEWER LINE ON VASCO ROAD WILL BE REQUIRED.
No second was made regarding this motion.
Cm Miller stated that this can always be amended at the request
of the applicant from one week on down the line and if the City
policy doesn't require putting in the sewer line, fine. He stated
he is not about to vote for approval of the tract map that may re-
quire taxpayers to put in the sewer line, ultimately.
(
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Mr. Mason stated this should be the obligation of the person who
develops to the east, and Cm Miller stated that it is not clear
to him what exactly is going to happen and he will not jeopardize
the taxpayers.
Cm Turner asked Mr. Lee to explain this matter and Mr. Lee stated
it is true that the developer will not connect to the Vasco Road
sewer line because he will have service from another source, but
it has been the City policy to require all improvements as property
develops along a major street. Cm Miller has asked the staff to do
research indicating whether this would be setting a precedent to not
require the sewer connection.
CM-29-365
March 24, 1975
(Tentative Map 1597
Research Drive-Shaheen)
Mr. Lee stated that Mr. Mason is saying that this is a special
situation and the staff will be doing research to determine if
it is. This can be amended and there is no problem in amending
the condition.
/J
Cm Turner stated that he would vote for the motion very reluctantly
because he is not convinced the sewer line is needed and realizes
that the developer wants to begin his project.
Cm Miller stated that despite the tone he may have used in speaking
about this issue he also would agree to amending the policy if the
situation warrants amendment.
The City Attorney commented that there has been a lot of dialogue
and discussion on this item and there have also been many offers
and suggestions and to keep the record clear would advise that
a resolution be adopted to spell out what is required and what is
not required in the adoption of this tentative map.
CM MILLER FURTHER AMENDED THE MOTION TO DIRECT THE STAFF TO PRE-
PARE A RESOLUTION WHICH CORRESPONDS WITH THE APPROVAL OF PARCEL
MAP NO. 1597, WITH THE AMENDMENTS MADE ABOUT BENEFIT DISTRICTS,
WATER LOOPS, AND ACCESSES, AS WELL AS THE SE~mR REQUIREMENT,
SECONDED BY CM FUTCH.
Cm Miller commented that approval of the map is subject to sewer
capacity availability and wondered if it would be valuable, in
view of Pleasanton's problems, to add another sentence to say
that once approved it is subject to any future legal restraints,
and the City Attorney commented that he feels this is inherent.
If we cannot furnish sewage, this is not a legal constraint but
rather a practical constraint and at this point can't really see
any potential legal constraints unless there is no sewer and
this raises all kinds of issues that may not be related to a
legal problem.
Mr. Mason asked what the Council's intent is and Cm Miller
stated that if there is sufficient sewage the City would like
this developer to have it; however, if there is not sufficient
sewage capacity they do not want to get into a legal problem.
MOTION PASSED UNANIMOUSLY.
CM MILLER MOVED TO DIRECT THE STAFF TO PREPARE A REPORT FOR
THE NEXT REGULAR MEETING WHICH WILL DESCRIBE THE POLICY HAVING
TO DO WITH THE SEWER LINE ON VASCO ROAD, SECONDED BY CM TURNER.
Cm Turner stated that he would like the report to have clear
findings if the staff decides, yes, the City should require
the sewer. He stated that he wants these findings spelled out.
Mayor Pritchard mentioned that the Council has set a policy of
requiring a resolution on all action items, and very often
reports from the P.C. require action. He suggested that the
staff be made aware of the fact that resolutions should be
prepared to accompany the recommendation and if the recommenda-
tion is changed the resolution can also be changed accordingly.
As was pointed out by the City Attorney, because of all the
verbal contract going back and forth between the representative
of the applicant and the Council, it is best to have something
in writing.
..-/.
MOTION PASSED UNANIMOUSLY.
CM-29-366
March 24, 1975
MOTION TO SKIP
AGENDA ITEMS
ON MOTION OF CM MILLER, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE
THE COUNCIL MOVED TO ITEM 6.3 BECAUSE THERE WERE PEOPLE IN THE
AUDIENCE t~O WANTED TO SPEAK ON THIS ITEM.
c/
REPORT RE CURBSIDE
MAIL DELIVERY
A letter was received from the post office indicating that it is
the present policy of the Oakland Sectional Center that:
Extensions of delivery will be by motorized carrier to
neighborhood cluster boxes or curbline boxes.
Curbline boxes should be installed six inches back from
the curb and 38" to 42" high.
The only exception is that door delivery may be provided to resi-
dences constructed between existing houses within the same block
where door delivery is presently being provided.
The Director of Public Works reported that it appears curbside mail
boxes in the most recently completed subdivisions may become manda-
tory, which would require imposing certain standards in order to
avoid installations that would be hazardous or aesthetically degrad-
ing to a neighborhood. Included in the report were recommendations
for standards.
CM TURNER MOVED TO ADOPT THE RECOMMENDATIONS OF THE DIRECTOR OF
PUBLIC WORKS, AND FOR THE STAFF TO BE DIRECTED TO ISSUE ENCROACHMENT
PERMITS, AND TO PREPARE A RESOLUTION TO ALLOW ISSUANCE OF THE ENCROACH-
MENT PERMITS, SECONDED BY CM TIRSELL.
Cm Miller agreed that the people who are not rece1v1ng mail at their
homes are not being treated fairly but expressed concern for approving
curbside mail boxes because this could mean that within a year every-
body else in town could be required to have the curbside mail delivery.
He stated that he feels if the citizens give in and allow the post
office to deliver at the curb, they will never be removed and the
people will never receive service to their door. He pointed out
that there is theft and vandalism and many other problems involved
with curbside delivery and would like to see relief for these people
without jeopardizing the rest of the community.
Zane Thomas, 5638 Firestone Road, stated that he does agree there
are a lot of problems involved with the curbside delivery, including
theft and that they are hazardous; however, if the City would decide
to hold out and fight the post office this could take a few years
and during this time he would be very unhappy to have to continue
to travel seven miles to the post office to pick up mail.
l
Cm Miller stated that he does sympathize with the people who must
go to the post office because when he moved into his home he could
not get service for five months and knows the inconvenience involved.
He added that in any event these people are being cheated because
the curbside delivery boxes are a hazard and there are problems, as
mentioned, and they are being cheated if they don't have the curbside
boxes because this means a trip to the post office.
Carter Schilf, 2691 Pickfair, stated that he has really been hassled
for the past eight months with his bills going back to his creditors
and getting letters and calls from the stores with which he has
accounts. He stated that he has written to Senator Cranston and
CM-29-367
March 24, 1975
(Curbside Mail Delivery)
Congressman Stark as well as the Post Master General, and none
of these people have been able to offer any solution to the
problem. He wondered why the homeowners have to pay to install
a parking strip and post office box and then be liable if someone
runs into it. He stated that even if he is allowed an encroach-
ment permit and can put up a box, the post office will not deliver '".,/J...-
in a tract unless 50% of the homes are occupied and at present
there are only two more homes that would have to be sold on his
street before the post office would deliver on that street. With
the new interest rates and inflation, people are not buying homes
as readily as in the past and they feel that it would be at least
l~ years before they could get any kind of delivery. He also expressed
concern for tacky boxes that might be installed in front of the
homes and noted that he paid a considerable amount of money for
his home and would not like to see just anything allowed.
The Council presented suggested boxes for installation as pprepared
by the Director of Public Works and Mr. Parness commented that the
illustrations are suggested designs and that approved equals would
be acceptable.
Mr. Schilf asked how much the encroachment will cost the homeowner
and Mr. Parness replied that it would be suggested there be no
charge for this particular permit.
Mr. Schilf then mentioned that placing the boxes on the street
might necessitate painting a red "no parkingn zone and Mr. Parness
replied that the post office has indicated that if a car is parked
next to the curbside box they will not make delivery. The City
would not recommend that the curbs be painted red but would just
suggest that cars not park in front of the boxes.
Mr. Schilf indicated that the post office has said that the red
"no parking" zone would have to be required if the box is installed.
Gary Carlson, 5560 Firestone Road, stated that he has experienced
the same problems as those mentioned previously and would appre-
ciate any relief, even if it is on a temporary basis, for receiv-
ing mail at home as opposed to driving 7 miles to the post office.
Kay Dayton, secretary of California Engine Service, 196 Airway
Boulevard, stated that they are paying very high business taxes
at the airport and they are also not receiving mail. She stated
that she realizes the City of Livermore would like more industry
in Livermore but would like to point out that they cannot do busi-
ness without mail service. At present, employees are being paid
high wages to stand in line to get mail for their office and knows
of no reason they shouldn't get delivery even if it is curbside
service. She stated that if the post office will not deliver to
Airway Boulevard they will be forced to move to Oakland because
they simply cannot do business without their mail and they have
not been able to obtain a post office box either.
Crn Miller stated that he cannot understand why rural people can
receive mail and yet Airway Boulevard or the industrial areas
are not getting delivery.
Mr. Lee suggested that the resolution be expanded to include
industrial areas; there is no reason why industrial business
should not be allowed service.
Mr. Parness stated that the City would speak with the postal
authorities once again and perhaps a suggestion for a central
location for mail in the industrial area would be agreeable to
the post office.
I
I
'.--/
CH-29-368
March 24, 1975
L)
(Curbside Mail Delivery)
Mr. Carlson indicated that in speaking with the post office officials
it seems that Firestone Road is not in their postal zone. It is
considered a rural area to them and they will have to have curbside
delivery. If it is rural zoning it doesn't matter about the number
of homes occupied - the post office will deliver to boxes.
AT THIS TIME THE MOTION PASSED BY UNANIMOUS VOTE.
RECESS
Mayor Pritchard called for a brief recess, after which the Council
meeting resumed with all members of the Council present.
REPORT RE CBD
SPECIFIC PLAN
The City Manager reported that in response to the City's request
for a Central Business District Specific Plan, Grunwald-Crawford
and Associates has prepared such a plan, which has been submitted
to the Council. It is recommended that the Council adopt a motion
instructing the staff to prepare a contract or contract modification
with GrunwaldCrawford Associates according to their proposal.
Mr. Parness indicated that he feels the specific plan for the
Central Business District fits in with our General Plan process
and that it should be done by professionals, notwithstanding the
fact that it is somewhat expensive. We are benefitted by having
some credit allocable to the General Plan process. He would recom-
mend that the staff be directed to prepare a contract modification
with our existing consultant for this plan.
CM FUTCH MOVED THAT THE COUNCIL ADOPT THE RECOMMENDATION OF THE
CITY MANAGER, SECONDED BY CM TIRSELL.
Cm Tirsell asked if Mr. Crawford is aware of the work that has
been done by the Planning Commission with respect to the Goals,
etc., and Mr. Parness indicated that this was taken into account.
Mr. Crawford explained that by including the specific plan for
the Central Business District, it would come to about half the
cost estimated because it would be included in the General Plan
work. At the time they estimated the various tasks it was done
with the possibility that Grunwald-Crawford Associates might not
be doing the General Plan, but to incorporate it with the General
Plan work at this point would be half the cost estimated.
MOTION PASSED BY UNANIMOUS VOTE~ " .
iktn-I:- (!dii!!_l!'ujc?-~
Cm Tirsell stated that.she)aoes -not recall formal adoption of those
General Plan Goals and~~e was some discussion about moving the
Civic Center site back dow~t~; if this is still part of the Goals
she would consider the aQ~~till open for discussion. She stated
she does not recall adopting[themand peleting the Civic Center part.
~~i. G1fV!-u_k..--
The staff was directed to check the records as to whether or not
the Goals were adopted.
/
~..
CM TURNER MOVED TO DISCUSS AGENDA ITEM 6.4 (c), SECONDED BY CM MILLER,
AND PASSED BY UNANIMOUS VOTE.
CM-29-369
March 24, 1975
REPORT RE BART BUS
LINE SERVICE EXTENSION
In accordance with the application of the City Council, BART
has authorized extension of its express bus service to the
laboratory area. Two routes have been discussed with our staff
and the Transit Advisory Committee. The two routes considered
are via I-580 to Vasco Road and Murrieta Boulevard/East Avenue
to Vasco Road. The only question that comes to mind is the route
that will be used in transporting commuters to the lab area.
Mr. Parness had suggested that the BART route go east and westbound
along the proposed route with several pickup stops along the way
but Pioneer Bus Service was adamantly opposed to this suggestion
because this would interfere with the service they offer. Pioneer
Bus Service has no objection to westbound pickup and this is also
what the BART bus people would prefer. There would be no pickups
on East Avenue going towards the lab area by the BART bus.
~
CM TIRSELL MOVED THAT THE STAFF PREPARE A RESOLUTION FORMALLY
ADOPTING THE ADDITIONAL BUS SERVICE TO THE LABS DURING THE
COMMUTE HOURS, UTILIZING THE ROUTE VIA I-580, TO MURRIETA
BOULEVARD, DOWN FOURTH STREET, AND EASTBOUND ON EAST AVENUE,
tVITH CLOSED DOORS DURING THE MORNING AND WITH SERVICE TO
SEVERAL LOCATIONS WESTBOUND, WITH CLOSED DOORS IN THE AFTER-
NOON ALONG THIS ROUTE.
Cm Turner stated that the people in the Sunset area have re-
quested that they be provided the BART service and Cm Turner
wondered if there is justification for sending the BART bus
out to the lab. He felt the BART bus was designed to get
commuters to the BART stations as rapidly as possible and
that to use it for other purposes may defeat the whole pur-
pose of the system.
The BART representative indicated that there are quite a few
people riding the bus from the Bayfair Shopping Center station
to the labs and the BART people are convinced that this service
will be utilized. He also indicated that at this time there is
no plan to make a stop in the Sunset area or other areas of the
City such as the Springtown area for getting people to BART
stations.
Cm Tirsell mentioned that this is not just a longer extension
of the present route but is an added BART route and in her
opinion there are a number of commuters in the Elliott Tract
who can now be served at Murrieta Boulevard and she would
recommend a stop up near portola Avenue so that more of the
Elliott Tract commuters would utilize the service.
CM FUTCH SECONDED THE MOTION.
Cm Turner stated that he would vote for the motion but would
like the Council to ask the BART people to consider specific
stops in the Sunset area, such as at the Granada Shopping Center,
and also the Springtown area.
It was noted that the City has asked the BART people to con-
sider this and Cm Turner stated that he has never received
any feedback on this suggestion.
The BART representative stated that they have looked into the
possibility of serving other areas and that the hospital has
also asked that there be service to BART from the hospital.
He stated that during the six month trial period they have
looked into possibilities for adding other stops but nothing
appears to be feasible but this does not mean that there will
not be future changes, reroutes, or additions. They do have
a lack of equipment because at present they are borrowing busses
from AC Transit. He added that they will be receiving 36 new
--,I
CM-29-370
~-1arch 24, 1975
(Report re BART Bus~
Line Service Extension)
G
busses and these busses are being purchased specifically
for the Livermore valley area service. He stated that there were
more people on their busses during December and then it leveled off
in January and about the same in February. One of the reasons they
do not have more riders is because there are not enough bus stops
and this is one of the reasons they are interested in providing more
stops. Adding the extension just proposed this evening will help
considerably but at present the access to the available stops in Liver-
more is not very good. He stated that on a daily basis there are
approximately 850 people in the valley using the U-line.
Mr. Parness asked when the new route will become effective and
the represenntative indicated that there will have to be a bid
on the new route and new schedule and this will take approximately
4-5 weeks.
REPORT RE P.C. RECOM-
MENDATIONS RE AMEND.
TO RS, CN ORDINANCE
Mr. Musso reported that the Planning Commission considered the
Council referral requesting review and comment concerning the
proposed changes to amendments to the RS Ordinance, as proposed
by the Planning Commission. The Planning Commission did accept
the changes proposed by the Council but would recommend that the
provision for the largest side yard to be on the garage side of
the house be deleted. In considering the amendments to the CN
Ordinance, they have recommended that there be some changes in
Section 10.24 - recommending deletion of Deposit Banking unless
adequately defined; Section 10.49 - no additional location criteria
be required because this aspect can be regulated through Site Plan
Approval; Section 10.54 - recommended rewording concerning toilet
facilities. Other than disagreeing with the Council on placing
the largest side yard on the side of the garage, they agreed
with everything the Council recommended.
It was mentioned that the side yards are to be a total of 24 ft.
and this could be evenly split with 12 ft. on each side and the
Council recommended that if it is not evenly split the largest side
yard be on the garage side.
Cm Futch commented that the Council discussed allowing room on the
garage side to allow vehicle access to the rear yard and there was
a question as to whether 12 ft. would be necessary and he wondered
if this was discussed by the Planning Commission.
Mr. Musso stated that 12 ft. is ample width for a vehicle, depending
on the extension of the eaves - the extension allowed is 5 ft. Most
vehicles could get into an area of this width. He mentioned that at
one time it was felt that 10 ft. would be the very least amount of
footage for a side yard and now it is felt that 12 ft. should be
the minimum allowed for the wide side. He mentioned that height
is really more of a problem than width because of the eaves.
CM MILLER MOVED TO DIRECT THE STAFF TO PREPARE THE ORDINANCE, AS
THE COUNCIL ORIGINALLY PROPOSED FOR THE RS ZONE, SECONDED BY CM
TIRSELL AND PASSED BY A 4-1 VOTE (Cm Futch dissenting) .
L~
It was noted that this action requires that the widest side yard
will be on the garage side of the house.
Cm Miller stated he would like Cm Turner to say how the Council could
define deposit banking, and Cm Turner stated that first of all there
CM-29-371
March 24, 1975
(re Amend. to
RS & CN Ord.)
no correlation between federal reserves and state banking - it
could be a state bank or a federal bank and still belong to the
Federal Reserve System. A deposit bank is one that accepts funds
for deposit on demand accounts and checking accounts - money that
can be withdrawn and which does not receive interest. Nondepository
banking would be savings and loans, exclusively. All of the U.S.
banks are deposit banks.
.~
Mr. Musso stated that with respect to Deposit Banking, the P.C.
would have agreed with the proposal if it meant a little branch
bank where there are only transactions in the nature of deposits
and withdrawals and Cm Turner stated that he agrees with this.
Cm Tirsell asked if such a bank exists that deals only with de-
posits and withdrawals and no other type of business and Cm
Turner indicated that they do exist but there is no way the
City can specify deposits and withdrawals only, and there is not
a significant number of banks that deal only with deposits and
withdrawals. He indicated that this is being done on a pilot
program at small branch banks.
Mayor Pritchard stated he would agree with the recommendation of
the Planning Commission to delete Deposit Banking under Section
10.24.
Cm Turner stated that if this is to delete banking in shopping
centers he would have to abstain from voting. He stated that
he feels this would be a mistake because banks in shopping
centers attract shoppers and that this is an advantage to the
owners in the shopping center.
Cm Futch stated that he really hates to see people have to drive
all the way downtown to cash a check and is favor of retaining
the bank in the shopping center, with which Cm Tirsell concurred.
CM FUTCH MOVED THAT DEPOSIT BA_NKING, UNDER SECTION 10.24, BE
RETAINED, SECONDED BY CM TIRSELL.
Cm Miller stated that his argument would be that he does not
want a full-scale bank located in every shopping center and
unless the Council wants to change the motion to allow only
the banks doing deposit and withdrawal business, he would have
to vote against the motion.
Mayor Pritchard stated that he feels a full-scale bank will not
want to locate in a neighborhood shopping center unless they
feel they are doing a service for that immediate area.
MOTION PASSED 3-1 (Cm Miller dissenting; Cm Turner abstaining).
CH rULLER MOVED TO INCLUDE THE RECOMl'lENDATIONS OF THE P. C. UNDER
ITEMS 2) AND 3) CONCERNING LOCATION CRITERIA AND TOILET FACILITIES,
AND TH:l\T THESE BE !T'TCORPORATED AND WITH THOSE' INCLUDED THE STAFF
BE DIRECTED TO PREPARE THE ORDINANCE INCLUDING THESE AMENDMENTS,
SECONDED BY C~1 TIRSELL ~'mICH PASSED BY UNANIMOUS VOTE.
COMMENTS RE TRAFFIC
ACCESS FROM VALLECITOS
TO ARROYO ROAD
\
I
!
-'"
The matter of traffic access from Vallecitos/Holmes Street was
referred by the Council to the P.C. and the P.C. recommended
that Concannon Boulevard be extended easterly and that stop
signs be temporarily installed at Lexington Way to discourage
the use of that neighborhood street by through traffic.
No Council action was required or taken on this item.
CM-29-372
~'1arch 24, 1975
COMMENTS RE HOME
OCCUPATION POLICY
(;
Mr. Musso reported that the Planning Commission did not agree that
the sale of firearms, as a home occupation, should be deleted.
The Horne Occupation Policy prohibits the retail sales but allows
mail order sales. The Policy also prohibits the major storage of
stock or other material on a premises in conjunction with any permitted
home occupation.
CM TURNER MOVED THAT MAIL ORDER SALES OF FIREARMS AND ~t~UNITION
NOT BEALL01i\1ED AS A HOHE OCCUPATION, MOTION DIED FOR LACK OF A SECOND.
No action was taken on the part of the Council.
MINUTES
Minutes for the Planning Commission meetings of February II and 25,
1975, were noted for filing.
COUNTY REFERRAL RE
REZONING ON WENTE ST.
The Planning Commission reported that in considering the referral
from the County Planning Commission regarding rezoning of Wente
Avenue to A District (Joe Caldeira property) it is recommended
that the subject rezoning be approved.
CM MILLER MOVED THAT THE COUNCIL NOTIFY THE COUNTY PLANNING COMMISSION
THAT THEY AGREE WITH THE RECOMMENDATION FOR APPROVAL OF THE REZONING,
SECONDED BY CM TIRSELL AND PASSED BY UNANIMOUS VOTE.
DISCUSSION RE FORMATION
OF SOCIAL CONCERNS COMM.
The City Manager submitted recommended functions, membership, selec-
tion procedures and the procedure for the proposed Social Concerns
Committee and suggested that a motion be adopted authorizing the
Mayor to contact each of the local organizations listed, soliciting
their nominees for Council consideration.
L
Cm Tirsell stated that she would like to add three other possible
groups: 1) Health Care Concerns Committee; 2) Title I Compensatory
Education Committee, at the School District; and 3) the Early Childhood
Committee. She added that she realizes how hard it is to choose
people for committees and that asking for three nominees from each
group would make selection more difficult and would recommend that
there be a maximum of two names submitted from each group. She would
also suggest that alternates be selected at the time the other members
are designated because this is one of the problems with the CETA
Board, AND SO MOVED, SECONDED BY CM MILLER. ALSO INCLUDED IN THE
MOTION ~vAS TO DELETE (b) and (c) FROM ITEM 7.. ON PAGE..2 ,I\A. GREED TO . .
BY THE SECOND. Jw~4 ~"'\.; ~/
.~ --& cU-f ~ % ('~
CM FUTCH MOVED TO AMEND THE MOTION TO ADD INTERFAITH HOUSING AND ~~k
THIS WAS ACCEPTED AS PART OF THE MOTION AND SECOND. MOTION PASSEDe~.
BY UNANIMOUS VOTE. r-
CM TIRSELL MOVED TO DIRECT THE STAFF TO PREPARE A RESOLUTION REFLECT-
ING THE DESIRES OF THE COUNCIL ON THIS ITEM, SECONDED BY CM TURNER
AND PASSED BY UNANIMOUS VOTE.
CM-29-373
JI1arch)4, 1975
REPORT RE CaVA JOINT
POWERS AGREEMENT
Cm Tirsell explained that it was necessary to enter into a joint
powers agreement in order that our resident agency not be liable
for the actions of the agencv and it is essentially taken from the
bylaws already adopted.
eM FUTCH MOVED TO 7\T)OP'T' rr'HE ~FS()T,U'T'I()N ATJrr'HORI ZING EXECUTION OF
THE AGREET'1ENT, SECONDED BY C:H TURNER.
\
J
Cm Hiller staten he was concerned because the agency has the power
to make and enter contracts, incur debts, liabilities or obliga-
tions, etc., and the term says that you can only withdraw at the
end of the fiscal year. This is the same type of problem they were
concerned about with the LAm~1A joint powers agreement, that while
you are waiting for the end of the year you can be committed by
the majority to a large expenditure that you do not agree with.
Cm Tirsell reminded him that a budget has already been adopted and
voted upon, and Cm ~1iller stated you can also be outvoted in the
adoption of a budget and there is nothing in the contract to say
that the individual agencies can veto a budget item. Cm ~1iller
stated he did not want to be commited by other people to spend large
amounts of money on projects the Council of Livermore feels is not
desirable. The solution to that is 1) to allow a veto, and 2) to
allow withdrawal at the end of the year, but that no expenses incurred
after the notice of withdrawal are to be an obligation upon the with-
drawing agency.
Cm Turner stated he did not agree with em Miller, because he would
have to recognize that the other agencies are going to act in a
responsible manner when it comes to budget items, and he did not
feel there should be veto power by one city as all they would be
doing is vetoing items.
Cm Tirsell stated that the Council has control over what COVA will
be spending by the amount they budget, and in addition money will
have to be obtained through grants and other sources.
The Council discussed the amount that should be budgeted and if
an amount should be specified, also the obliqations which could be
incurred and the responsibility for these obligations, and the
Council agreed that there should be something written into the con-
tract which would not obligate any agency who might care to withdraw
after their notice of intention.
CM FUTCH HOVED TO REFER THE HATTER TO THE STAFF TO COME UP WITH THE
WORDING, however Mayor Pritchard reminded the Council that there
was already a motion on the floor.
em Tirsell stated it would be necessary to make the change as it
would be necessary to contact the other aqencies and advise them
there is a change being made, and Mr. Parness stated that the staff
would be able to draft the wordinq in a few minutes for the Coun-
cil's action.
CM MILLER MOVED TO TABLE THE MATTER, SECONDED BY CM TURNER AND THE
HOTION PASSED UNANIMOUSLY.
P~PORT RE AMERICAN
RED CROSS AGREmmNT
J
A joint operating agreement with the &~erican National Red Cross
was oresented to the council with the recommendation that execution
of the agreement be authorized.
CM-29-374
March 24, 1975
(Aqreement-American
National Red Cross)
CH FUTCH MOVED TO ~DOPT A RESOLUTION AUTHORIZING EXECUTION OF THE
AGREE~-1ENT, SECONDED BY CH TURNER, AND PASSED 4 -I 't^lITH riAYOR PRITCHARD
DISSENTING.
/,--
L/'
RESOLUTION NO. 50-75
_A RESOLUTION AUTHORIZPJG F:XECUTION OF AN AGREErmNT
(American National Red Cross)
ORDP,TANCE ABEl-mING ZO
RE OS-UR (URBAN RESERVE)
DISTRICT
ON MOTION OF CM r-ULLER, SECONDED BY C~1 TURNER, AND BY mJANP-lOUS
VOTE, THE FOLLOWING ORDINANCE WAS ADOPTED AND READIN~ NAIVED:
ORDINANCE NO. 861
AN ORDINANCE OF THE CITY OF LIVER1\10RE Al'1ENDING ORDINANCE
NO. 442, AS ili'1ENDED, RELATING TO ZONING, BY ESTABLISHING
CERTAIN ZONING DISTRICTS AND PROVIDING ADDITIONAL REGULA-
TIONS NECESSARY TO MAKE THE ZONING ORDINANCE CONSISTENT
WITH THE GENERAL PLAN OF THE CITY BY AMENDING SECTIONS
1.20, RELATING TO PURPOSE: 2.40, RELATING TO ZONING OF
ANNEXED PROPERTY; ADDING 4.14, RELATING TO OS-UR (URBAN
RESERVE) DISTRICT; 4.24, RELATING TO PERMITTED USES IN
OS-UR DISTRICTS; 4.25, RELATING TO PERMITTED USES WITH A
CONDITIONlU-, USP. PERMIT IN OS-UR DISTRICTS; 4.26, RELATING
TO REQUIRED CONDITIONS IN OS-UR DISTRICTS; A.MENDING 4.40,
RELATING TO LOT DEVELOPHENT REGULATIONS~ 26.10, RELATING
TO PURPOSE OF PLANNED UNIT DEVELOPMENTS; ADDING 26.25,
RELATING TO PEffi1IT REQUIREMENTS FOR OS-UR DISTRICTS; A-
MENDING 26.71, RELATING TO EFFECTIVE DATE; 28.32, RELATING
TO APPROVAL BY CITY COUNCIL; 28.46, RELATING TO PUBLIC
HEARINGS; AND 28.51, RELATING TO FINDINGS FOR CONDITIONAL
USE PERMIT APPROVAL.
COVA JOINT POWERS
AGREEMENT CONTINUED
The COVA Joint Powers Agreement had been tabled earlier for the
staff to compose an appropriate wording change. ON MOTION OF
CM TIRSELL, SECONDED BY C~l MILI..ER, AND BY UNANIJI.10US APPROVAL, THE
ITE~~ tqAS TAKEN FRmJ[ THE TABLE.
The following wording change at the end of Sec. 13 was presented by
the City Manager;"However, whenever any party files a notice of
withdrawal, by means of a Resolution duly adopted by its legislative
body, said party shall assume no further financial obligations of
the agency adopted thereafter by the Steering Committee."
ON MOTION OF CM TIRSELL, SECONDED BY CM MILLER, AND BY UNANIMOUS
APPROVAL, THE RESOLUTION AUTHORIZING EXECUTION OF THE AGREEMENT WITH
THIS CHANGE WAS ADOPTED.
RESOLUTION NO. 49-75
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A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
(Congress of Valley Agencies)
CM-29-375
March 211, 1975
ADJOURNMENT
There being no further business to come before the Council at this
time, the meeting was adjourned at 12~10 n.m., to an executive
session on Tuesday, March 25, 1975 at 7:30 p.m. at the Livermore
Mortuary, 3070 East Avenue, to discuss personnel matters and appoint- )
ments to committees and co ssions.-.-./
APPROVE
ity Clerk
ivermore, Cnlifornia
ATTEST
Special Meeting - April l, 1975
A special meeting of the City Council was called by Mayor Pritchard
for Tuesday, April 1, 1975, at 7:30 p.m. at the Livermore Mortuary,
3070 East Avenue. The purpose of the meeting was:
Executive session to discuss personnel matters.
Present: Cm Turner, Miller, Futch, Tirsell and Mayor Pritchard
Absent: None
The meeting convened at 7:30 p.m. and immediately adjourned to
an executive session. adjourned at 10:30 p.m.
APPROVE
Pro Tempore
ATTEST
Special Meeting - April 7, 1975
A special meeting of the City Council was called by Mayor Pritqhard
for Monday, April 7, 1975, at 6:00 p.m. at the City Hall Conference
Room, Livermore, California. The purpose of the meeting was:
Executive session to discuss personnel matters.
Present: Cm Turner, Miller, Futch, Tirsell and Mayor Pritchard
Absent: None
J
ATTEST
/
1/ --'''~". /
( ,-/-
'--~.--\,....-L '
adjourned to an
p.m.
The meeting convened at
executive session. The
APPROVE
CM-29-376
Regular Meeting of April 7, 1975
A regular meeting of the City Council of the City of Livermore
was held on April 7, 1975, in the Municipal Court Chambers, 39
South Livermore Avenue. The meeting was called to order at
8:07 p.m. with Mayor Pritchard presiding.
u
ROLL CALL
Present: Cm Turner, Miller, Futch, Tirsell and Mayor Pritchard
Absent:
None
PLEDGE OF ALLEGIANCE
Mayor Pritchard led the Councilmembers as well as those present in
the audience, in the Pledge of Allegiance.
MINUTES
March 17, 1975
Page 339, third paragraph, 5th line should begin: the citizens
of Livermore and it is necessary to provide clean water. (Omit
the rest of that sentence.)
Page 340, second paragraph from the bottom, second line should
read: did apply for funds, four years ago, to increase the
capacity....etc.
March 24, 1975
Page 369, third paragraph from bottom should read: em Tirsell
stated that she does not recall formal adoption of those General
Plan Goals and in them there was some discussion about moving the
Civic Center site back downtown; if this is still part of the Goals
she would consider the matter still open for discussion. She stated
she does not recall adopting them and deleting the Civic Center part.
Page 373, third paragraph from bottom, motion should read: AND SO
MOVED, SECONDED BY CM MILLER. ALSO INCLUDED IN THE MOTION WAS TO
DELETE (b) AND (c) FROM ITEM 7 ON PAGE 2; THIS WOULD CONSTITUTE A
COMMITTEE SIMILARLY TO ALL OTHER CITY COMMITTEES, AGREED TO BY THE
SECOND.
c
Page 363, second paragraph - comments by Mr. Lee. Cm Futch indicated
that the first issue was not clear and that this statement allows some
confusion. He suggested that Mr. Lee should indicate what a reasonable
pressure is assumed to be at East Avenue and Research Drive, then
compute what could be drawn out for fire purposes at the midway
point by either route. He felt this would show it a little clearer
and asked Mr. Lee to make a correction in the minutes to clarify
the first point; which Mr. Lee now indicates as follows:
1. A loop of water lines would result in a pressure drop
of approximately 6 psi between the intersection of
Research Drive and East Avenue and the south end of
the loop when delivering 2,500 gpm for fire fighting.
2. A single water line would result in a pressure drop
of approximately 60 psi between the intersection of
Research Drive and East Avenue and the south end of
the line when deliver~ng 2,500 gpm for fire fighting.
CM-29-377
April 7, 1975
(Minutes)
ON MOTION OF CM MILLER, SECONDED BY CM TIRSELL AND BY UNANIMOUS VOTE
THE MINUTES FOR THE MEETINGS OF MARCH 17, 1975 AND MARCH 24, 1975,
WERE APPROVED, AS CORRECTED.
'\
J
OPEN FORUM
(re Promoting Spirit
of '76 in Local Gov't)
Katie Richardson, 510 Junction Avenue, stated that she would like to
encourage the "spirit of '76" in our local government. She stated
that the local government should be trying to promote the "spirit
of '76" for our bicentennial celebration by complying with our
United States Constitution to preserve our freedoms. She stated
that she agrees with the statement made by Mayor Pritchard that the
people of Livermore have become apathetic. She feels that Livermore
has been poorly planned and is beginning to look like a jigsaw puzzle.
She felt that the Council is listening to what people say in the open
forum but do not seem to hear what people are saying. She stated that
she feels the reason people have become apathetic is because they are
not allowed to help make decisions concerning our local government.
She stated that she once felt our problems were at the federal level
but now feels they are at the local level and any kind of dictatorship
which creates problems on top of problems takes away our freedoms
and makes people slaves of our government. She indicated that the
people have constitutional rights and the Council should not feel
that they have more rights than those who elect them. She stated
that the Council should not adopt Agenda Item 2.5 asking for a
resolution to create a Social Concerns Committee until the public
has had time to study it and determine what it means. She felt
if this item is adopted it is another step towards dictatorship
and makes a farce of our bicentennial hopes.
(BART Riders)
John Regan, 672 South"N" Street, stated that people riding the BART
bus have been littering the area in front of the National Auto Glass
Company. He asked if the City could urge the BART people, or those
who might be responsible, to place a trash container at the BART
stops to help eliminate garbage.
Mayor Pritchard directed the staff to take care of this matter.
(Home Building
Permit Fees)
John Regan, 672 South "Nil Street, commented that people who buy
homes are not always aware of the costs involved with respect to
the builder, such as the fees required by the City for a building
permit. He stated that for a $50,000 home there is a cost of
$4,295 to the developer plus $800 to the School District which
makes a total of $5,095 to the developer.
Cm Futch commented that about 40% of this amount is not required
by the City of Livermore, such as the School District fee and
Alameda County fees.
Cm Miller explained that these fees go towards the support of
capital costs that otherwise would have to be subsidized by
every other taxpayer in the City of Livermore. These fees mean
that development partially pays its own way. The fees are adjus-
ted in accordance with the cost of construction and the school fee
of $800 is 1/3 of what the actual cost for providing space is.
The actual cost is $3,000-$4,000 - only $800 is being collected.
This means that everybody else in the City has to subsidize the
remainder of this cost for schooling for new people.
I
J
CM-29-378
April 7, 1975
c
(Lack of Construction
Work in Livermore)
Ron Gilbert, Gilbert Backhoe Service, commented that he has been
out of work for three weeks and if he continues to be out of work
he is going to "go broke". If there is a ban on building it makes
thing really "tough" for people like him. He stated that when
Mayor Pritchard leaves, he would like to see someone appointed to
the Council that would represent people who are in business for
themselves, such as he is.
Cm Miller pointed out that there is not really a ban on building -
there are still 50 building permits available but nobody has taken
them out because the economic situation for building houses is very
poor. There are several hundred houses standing vacant which have
been built and not yet sold.
Cm Turner expressed sympathy for Mr. Gilbert's problem and indicated
that the Council realizes times are hard and getting a lot tougher
and they are aware that jobs are not available.
Cm Futch stated that the Council does not like to see hard times.
Les Jones, 3961 Santa Clara Way, stated that the widening of I-580
between Dublin and Castro Valley will mean a lot of work for Operat-
ing Engineers, local laborers, and a number of other jobs. He stated
that at present, 50% of the Operating Engineers are out of work but
have homes in Livermore and pay taxes whether or not they have work.
He stated that he would like to see the I-580 project go through,
and does not know why the Council is blocking the project but feels
the situation is ridiculous.
Cm Futch commented that bids have been called for coneerning the
I-580 project and it is up to the construction people to come in
with bids.
Mr. Jones further indicated that the 50 permits do not do a developer
any good because in order for development to be worthwhile he must
have from 200-300 permits. He stated that if development does not
take place in the valley, soon, the valley is going to die. He
added that he does not blame the Council for the problems but would
like to see the Council take initiative in getting the I-580 project
going.
Barry Yanke, 385 Lee Avenue, stated he would like to back the com-
ments made by the previous speakers and would emphasize there is
no work in Livermore.
Cm Tirsell stated that she would like to meet with the people who
are present at this meeting in order to discuss facts and fees and
to get some of these things down on paper so that there is a clear
picture of the issue and perhaps there is something that can be done
to provide work for people in the construction areas. She emphasized
that there are 50 permits available but believes development is slow
in most communities at this time because of the economic situation.
l
Mr. Yanke commented that he realizes there are 50 residential per-
mits available but would like to see industry come to Livermore
and the Council agreed that they would love to have industry come
to Livermore. Mr. Yanke commented that it was his understanding
Sears was trying to get into Livermore and couldn't.
Mayor Pritchard stated that Sears has recently acquired two pieces
of property in the middle of the property they are interested in
and as far as the City knows they are still interested in coming
to Livermore with good clean industry - warehousing. In addition
to that he would like to point out that Sears was allowed to be
exempt from $300,000 worth of fees in lieu of in-kind services, just
to get them to come to Livermore. The Council did everything possible
to help Intel locate in Livermore and there are other small sattelite
industries interested in Livermore. Also, people are shopping in
Livermore more than in the past.
CM-29-379
April 7, 1975
(Electing Mayor)
Joe Sladky, 1073 Xavier Way, urged the City Council to fill the
upcoming Council vacancy by election. He feels the election of
a Councilmember would allow a new commitment of backing from the
community and that an appointee would not have this trust, and
being elected creates responsibility. In his opinion the Council
leadership and policy has created Las positas (New Town) which
is the current example of our City's loss of leadership and stature.
An appointment would be a continuation of the existing situation,
and an appointment would require the unity of the Council and commun-
ity - which is not evident. Lastly, he commented that as a business-
man he would question whether or not he would receive equitable
representation by an appointment of this City Council because the
Council appears to be dominated by people who are insensitive to
the problems of people in competitive business. He felt an elected
person would relieve the new member of any commitments other than
to those who elected him and who would reflect the position of
the involved community. An election will enable the new Councilmember
to be the effective leader that the community desires.
/ ~
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Paul Tull, 2243 Linden Street, stated that he wishes to back the
recommendation made to the Council by Mr. Sladky for election of
a member to the Council rather than appointment.
AGENDA ITEM DELETIONS
Mayor Pritchard stated that Agenda Items 5.1 (Oakland Scavenger
Sewer Connection); 5.2 (Tract 1597 -Shaheen property); and 6.3
(Airport fbo Lease) will be omitted because some of the paper
work was not ready for discussion of these items.
CONSENT CALENDAR
Resolution re
Eminent Domain
Attempts have been made to negotiate a settlement for the acqu1s1-
tion of the west clear zone area (36.5 acres) needed for protection
of the west clear zone of the airport. Our only alternative seems
to be condemnation proceedings and it is recommended that the Council
adopt a resolution directing condemnation. The FAA favors acquisition
of this property and has approved a grant in the amount of $141,033
for the purchase.
RESOLUTION NO. 51-75
A RESOLUTION AUTHORIZING AND DIRECTING CONDEMNATION OF FEE
SIMPLE ESTATE OF A PARCEL OF LAND 36.5t ACRES FOR AIRPORT
PURPOSES, TO WIT: THE WEST CLEAR ZONE FOR THE LIVERMORE
MUNICIPAL AIRPORT, LOCATED IN THE COUNTY OF ALAMEDA, STATE
OF CALIFORNIA.
Res. Auth. Agree.
- CBD Study
The City Council has authorized the conduct of a CBD (Central Busi-
ness District) study by our consultants, Grunwald Crawford Assoc. I
It is recommended that a resolution be adopted to amend the exist- ~
ing agreement by providing for the study in accordance with the
written proposal which will be added as an additional exhibit to
the agreement.
CM-29-380
l,
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April 7, 1975
RESOLUTION NO. 52-75
A RESOLUTION AUTHORIZING EXECUTION OF FIRST
AMENDMENT TO AGREEMENT (Grunwald, Crawford
& Associates) .
Res. Auth. Eminent
Domain Proceedings -
Fallon Overpass Property
(First Street Extension)
Acquisition of the Fallon property is required for the site of the
proposed overpass structure. Appraisal has been made and the owner
has declined the offer. It is recommended that the Council adopt
a resolution authorizing eminent domain proceedings for this property.
RESOLUTION NO. 53-75
A RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION
FOR PUBLIC RIGHT-OF-WAY AND RELATED PURPOSES OF A FEE
SIMPLE ESTATE IN A PORTION OF A PARCEL OF LAND BOUNDED
ON THE SOUTH BY THE WESTERN PACIFIC RAILROAD AND ON THE
NORTH BY FIRST STREET AND LYING DIRECTLY SOUTH OF THE
INTERSECTION OF FIRST AND SCOTT STREETS IN THE CITY OF
LIVERMORE, COUNTY OF ALAMEDA, STATE OF CALIFORNIA.
(Fallon Enterprises, Inc.)
Res. Authorizing
Vehicle - City Attorney
It is recommended that the Council adopt a resolution authorizing
a vehicle for the City Attorney.
RESOLUTION NO. 54-75
A RESOLUTION AUTHORIZING VEHICLE FOR
CITY ATTORNEY
Res. Appointing Members
to Beautification Comm.
The City Council adopted a resolution appointing Harry Silcocks
and Ayn Weiskamp to the Beautification Committee.
RESOLUTION NO. 57-75
A RESOLUTION REAPPOINTING TWO MEMBERS
TO THE BEAUTIFICATION COMMITTEE (Harry
Silcocks and Ayn Weiskamp) .
Res. Denying Claim
RESOLUTION NO. 58-75
A RESOLUTION REJECTING THE CLAIM OF PATRICIA A. REECE
Our insurance carrier has recommended that the claim of patricia A.
Reece be rejected and the above resolution was adopted.
Report re Bike Licensing
The City Manager prepared a written report concerning commercial
bicycle licensing noting that the Council will be informed of progress.
CM-29-38l
April 7, 1975
~ayroll & Claims
There were 81 claims in the amount of $182,552.6l, and 81 payroll
warrants in the amount of $91,335.49, for a total of $273,888.13,
dated March 24, 1975, approved by the City Manager.
There were 73 claims in the amount of $50,342.08, dated March 31,
1975, approved by the City Manager.
o
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM TIRSELL, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE, THE CONSENT CALENDAR WAS APPROVED WITH THE REMOVAL OF ITEMS
2.4 (Check Signing) AND 2.5 (Social Concerns Committee) WHICH WILL
BE DISCUSSED LATER.
DISCUSSION RE SOCIAL
CONCERNS COMMITTEE
At the March 24th City Council meeting, approval was given for the
establishment of a Social Concerns Committee for the purpose of
assisting and advising the Council and to assure that the citizen
participation requirements of the Housing and Community Development
Act of 1974 are complied with.
It has been recommended by the staff that the Council adopt a resolu-
tion to formally establish such a committee.
Suren Dutia, Executive Director of ACTEB/ACAP, stated that he feels
the City Council should be commended for its responsiveness and
foresight as well as its concise documents. He indicated that
this Council represents the humanization of local governments, and
the reason some communities have failed is because they have been
concerned only with the physical planning and did not take into
consideration the social planning. He gave statistics concerning
the rate of unemployment, poverty and the number of children receiv-
ing aid in this valley and noted that the valley has some unique
needs. He stated that Cm Turner and Tirsell are participating
in the ACAP Agency program in an attempt to respond to the things
that have been brought to the attention of the Council by the public
during the open forum - unemployment. In this current year there
have been 70-75 jobs created through the ACAP Agency and Title
I will make available additional resources the valley is not getting
at present. Next year's program has already been recommended and
the valley will receive its fair share which will be approximately
$350,000-$375,000 and will create many additional jobs. At present
ACAP is involved in setting up a Child Development program and
also a feeding program for senior citizens. He stated that if
we are going to improve the quality of life for our citizens we
must focus on physical as well as social environment. This involves
development to the fullest potential of each individual - nurturing
an individual from prenatal care to old age. The leadership of
Livermore has accepted the challenge, it appears to be on its way,
and ACAP welcomes Livermore and is looking forward to working with
Livermore. Mr. Dutia explained that ACAP is a new agency and unlike
other agencies that have failed (such as SACEOA) it is committed
to being accountable, responsible and responsive to those who belong
and to their needs.
Cm Turner commented that ia rema1n1ng consistent with terms of office ~
for City Committees he would suggest that no member be allowed to
serve for more than eight years.
Cm Tirsell suggested that two nominees for membership also be submit-
ted by the American Association of Retired Persons.
CM MILLER MOVED TO ADOPT THE RESOLUTION FORMALLY ESTABLISHING THE
COMMITTEE WITH WORDING TO REFLECT THE SUGGESTION THAT A MEMBER
SERVE NO MORE THAN EIGHT YEARS AND THAT THE AMERICAN ASSOCIATION
CM-29-382
April 7, 1975
(Social Concerns Comm.)
OF RETIRED PERSONS BE ADDED TO THE LIST FOR SUBMITTING NOMINEES,
SECONDED BY CM TURNER WHICH PASSED BY UNANIMOUS VOTE.
RESOLUTION NO. 59-75
c
A RESOLUTION CREATING THE SOCIAL CONCERNS COMMITTEE
MATTERS INITIATED
BY THE COUNCIL
(ABAG Staff Report)
Cm Tirsell commented that the Council needs to adopt the ABAG Staff
report and that this should be scheduled as an agenda item.
Mr. Parness commented that the ABAG staff is revising their report
to reflect the input at their hearings which consists of a few techni-
cal directions. Also added are statements concerning air quality.
Copies of the new report will be sent to us this week and will be
available for the Council next week.
(Corps of Engineers
Planning Study-Alameda
Creek)
Cm Futch stated that he read in the newspaper this morning that the
appropriation for the Alameda Creek survey by the Corps of Engineers
will be made and Livermore really doesn't know what this appropriation
is for, such as the amount and the procedure to be used as well as
which group in Congress approves it. He asked if Mr. Parness could
get this information for the Couneil.
Cm Miller stated that perhaps the Council could formally send to
ABAG, a letter which points out that the Valley Planning Committee
was originally founded because of the failure of Alameda County to
join the valley jurisdictions, providing a Valley Planning Commission.
A representative of the Board of Supervisors attended only the first
meeting and never came to another meeting. Alameda County consistently
refused to cooperate in any way with the local valley jurisdictions
and COVA may also have trouble because of the failure of Alameda County
to cooperate. Both of these represent an effort to do something on
a subregional basis and we should formalize this information and send
it to the ABAG Executive Committee so they can understand what has
happened.
Cm Futch mentioned that LAVWMA has also written a letter to the County
and as yet the County has not responded.
(Election of Mayor)
Cm Turner stated that he would like to set a date for discussion of
an elected Mayor. It was mentioned that this matter has been
scheduled as an agenda item for next week and this date was agreed upon.
(Curbside Mail Delivery)
c
Cm Turner stated that it has been suggested to him that perhaps
mailboxes could be located in the area where a lawn light could
be placed rather than at the curb and the staff indicated that
the post office regulations are such that carriers cannot get out
of their vehicles to deliver mail and that they will deliver only
at the curb. The staff was directed to send letters to Sen. Cranston
and Sen. Tunney concerning this regulation.
CM-29-383
April 7, 1975
(Kamp Agreement)
Cm Turner stated that Hal Kamp has asked about the status of his agree-
ment and the staff indicated that the agreement has been taken
care of and that Mr. Kamp has probably received the agreement since
talking with Cm Turner.
RECESS
Mayor Pritchard called for a brief recess after which the Council
meeting resumed with all members of the Council present.
.~
COMMUNICATION FROM
KISSELL RE TRACT 2619
A letter was received from Kissell Company indicating that one year
ago the Council entered into an agreement allowing Kissell to apply
for 104 guaranteed permits by May 16, 1975. Sales in the tract
have been hampered by unforeseen Veterans Administration policies
and Kissell is now forced to either apply and build 104 speculative
houses or obtain an extension of time for building these homes.
The letter is a formal request for a position by the Council on
this item at the meeting of April 7, 1975.
Mr. Parness reported that the Kissell Company has asked for an
extension of time for obtaining the building permits for the 104
houses to be developed and also have asked for a delay in the
installation of the bridge on Heather Lane. Kissell would like
up to two years to obtain the additional 104 building permits and
90 days for installation of the bridge.
Mr. Dewey Watson, representative of Kissell Company, explained that
within six weeks 60 homes were sold out in that area but then the
VA came in with an appraisal $3,000 lower than the sale price and
lower than the FHA appraisal. The 60 homes that were sold were
almost all VA sales and when VA came in low on the appraisal,
very few people were able to make up the difference in the sell-
ing price in the way of a down payment. He stated that they had
105 families interested in purchasing the homes up until this time.
They are trying to obtain financing through FHA and make the larger
down payment. He stated that since they have not yet sold the
existing 69 units it would be detrimental to the City to be re-
quired to build 104 more units and allow them to sit vacant for
another year. They would suggest, instead, that there be some
type of phased development of the 104 permits. The City could
require Kissell to take out one third of the permits within 30-
60 days and later take out more permits. He stated that he does
not mean to imply that they are not able to take out 104 permits
because they have been planning all along to take out the 104 permits
and they are able to do this if the Council.wishes. He stated
that if they are required to build the 104 units at this time they
would not be able to develop more expensive houses, which is their
intention at this time. They would like to make improvements over
what already exists. He stated that it is to Kissell's advantage
to build houses and sell them as quickly as possible and this is
their intention. With respect to the bridge, Mr. Watson stated
that they have a contractor to do the work and there are a couple
of minor points that have to be worked out before construction
can begin. At this point they are ready to begin construction and
there is no major problem delaying construction of the bridge.
Cm Futch commented that the construction of the bridge is his major
concern and would agree that it would not be to the advantage
of the City to force Kissell to take out the 104 permits if they ~
feel it would be better to have a delay.
Mr. Watson indicated that it would be physically impossible to '
complete the bridge by June 3rd because of the length of time it
takes to construct a bridge and taking into consideration the bad
weather we have been experiencing. However, again, if the Council
insists that construction begin by a certain date they are prepared
to comply.
CM-29-384
o
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April 7, 1975
(Tract 2619-Kissell Co.)
Mr. Lee commented that in the event the Council does agree to the
extension of time concerning this contract he would like to point
out that there was a bond posted for the construction of the bridge
in the amount of $60,300 and would estimate that the cost of the
bridge has increased to $40,000. The bond calls specifically for
the approaches to the bridge and he would suggest that this work
be completed. In addition, there is a provision in the agreement
that the City pay interest on the fees the developer has paid for
the 104 lots and if there is a delay he would suggest that the
interest paYment not be continued beyond this point.
Mr. Watson explained that the approaches to the bridge have been
discussed and there has been a modification to the agreement which
clarifies the responsibility of Kissell Company and the City. It
is his understanding that litigation is now proceeding on the bond.
The cost of construction for the approaches has been discussed with
Kissell's contractor who has estimated that the one approach would
be between $25,000-$35,000. Mr. Watson indicated that this is too
much money to pay and they will not do so. They would rather take
out the 104 permits and chance selling the houses. With respect
to the interest, he indicated Kissell Company would be willing to
drop the interest from this point on, which amounts to $IO,OOO/year,
if they are allowed an extension on the building permits.
Cm Miller stated that for Kissell to obtain the 104 building permits
this would be a cost of $400,000 just for the permit fees. Kissell
would then have to put up the money to build these houses and would
estimate that the carrying costs per year would be about $40,000.
The Kissell Company is actually asking the City to save them the
carrying costs and on the other hand the City could be asking for
something in return.
Mr. Watson stated he does not share this view because it is their
hope that the 104 houses would be sold as soon as possible and
also that they would not have this carrying charge for two years,
or even one year.
Cm Turner stated that Kissell is aSking for a delay because Kissell
does not anticipate getting the houses sold quickly and Mr. Watson
indicated that they do anticipate it would be difficult to get the
homes sold and would prefer not to be forced into this position.
Cm Miller stated that, personnaly, he does not object to a delay on
the bridge; however, delay of the homes is another matter. TheCity
is concerned about the sewer capacity and we would like to get indus-
try to Livermore to help our tax base and he would be worried about
reserving capacity for possibly as long as two years for these 104
units. We may need this sewer capacity for industrial development.
Mr. Watson explained if the Council is unwilling, for any reason,
to grant the delay they have requested they simply will take out
the permits by May 16th.
Mr. Parness asked if this matter could be referred to the staff for
one week so that there can be discussion with Mr. Watson concerning
some of these matters.
CM TURNER MOVED THAT THIS MATTER BE REFERRED TO THE STAFF FOR ONE
WEEK; MOTION SECONDED BY CM MILLER.
Cm Turner commented that he feels an extension on building the homes
is reasonable for a one year period but feels the bridge should be
completed no later than September l, 1975. He stated that with
respect to the approaches to the bridge he was not aware that the
City had ever considered approaches and cannot agree that Kissell
should be responsible for the cost of the approaches.
Cm Tirsell stated that she would have to agree it would not be fair
to reserve sewer capacity for development that might not use the
CM-29-385
April 7, 1975
(Tract 26l9-Kissell Co.)
capacity for two years when there are other developments that might
be able to take place and use the system.
Mr. Watson commented that two of the Councilmembers have already
indicated they do not want a delay and if this is the feeling of
the majority of the Council there is no reason to discuss the
matter with the staff. He stated that he does not want to spend
time working with the staff and coming to another meeting if the
Council is opposed to an extension in the first place.
\
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AT THIS TIME CM TURNER WITHDREW THE MOTION TO REFER THE MATTER
TO THE STAFF.
CM TIRSELL MOVED TO DENY THE EXTENSION ON THE DEVELOPMENT OF THE
104 UNITS, SECONDED BY CM MILLER.
Cm Futch stated that it might be an advantage to the City to allow
some kind of extension of time for development of the homes with
completion of the bridge in 90 days and perhaps something could be
worked out with the staff.
Cm Turner stated that the homes proposed for that area are going
to mean a lot with respect to getting a shopping center for that area.
MOTION FAILED 2-3 (Cm Futch, Turner and Mayor Pritchard dissenting).
CM TURNER MOVED THAT THE MATTER BE REFERRED BACK TO THE STAFF WITH
A REPORT BACK TO THE COUNCIL AT THE NEXT COUNCIL MEETING, SECONDED
BY CM FUTCH. MOTION PASSED 4-1 (Cm Tirsell dissenting).
COMMUNICATION FROM
RECYCLING CENTER
Lois Hill, from the Livermore Community Recycling Center, reported
that the shed the Recycling Center was using for storage of their
equipment was destroyed during a recent windstorm. It is felt
that since they are operating on City property and under City spon-
sorship, that the shed should be City property and would hope that
the City would appropriate $460 for a new shed and $30 for a con-
crete floor.
The City Manager reported that this Committee is one of the most
successful in the County and has been providing a valuable community
service. It is recommended that the Council authorize this expen-
diture and a resolution will be prepared for adoption at the next
regular meeting.
CM FUTCH MOVED TO DIRECT THE STAFF TO DRAW UP A RESOLUTION AUTH-
ORIZING THE APPROPRIATION FOR A NEW SHED, AS REQUESTED.
The City Attorney noted that if the Council has no objection he
would suggest that the staff be allowed two weeks to prepare
resolutions because it is rather difficult to take care of the
necessary paper work in one week.
THE MOTION WAS AMENDED TO ALLOW THE ALLOCATION AT THIS TIME AND
LATER RATIFIED BY RESOLUTION. MOTION WAS SECONDED BY CM TURNER
AND PASSED BY UNANIMOUS VOTE.
COMMUNICATION RE
ARROYO POLICY
I
I
~
LARPD has proposed a joint policy statement concerning arroyos,
acquisition, operation and maintenance of the arroyo property.
It is recommended that this property shall be the same as for
other park lands acquired by the City for LARPD development and
operation, and the following conditions were listed:
CM-29-386
April 7, 1975
(Communication re
Arroyo Policy)
I. The City shall acquire property and make it available to LARPD.
2. LARPD shall plan for development of the property, coordinating
such development with the City and Joint Committee on Arroyos.
l:
3. Funds for Arroyo development shall be handled in the same manner
as the park development fees utilized for neighborhood park
development.
4. LARPD shall be responsible for operation and maintenance of
Arroyo property.
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE, THE STAFF WAS DIRECTED TO PREPARE A RESOLUTION AGREEING
WITH THIS POLICY, WITH THE FOLLOWING ADDITION.
5. That plans be submitted to the City for approval, in the
same manner that park development is handled.
COMMUNICATION FROM
CLARENCE HOENIG RE
SCHOOL TAX ELECTION
A letter of thanks was received from Clarence Hoenig, Co-chairman
of the School Building Election Committee, for the Council's support
on the recent school tax election which passed. The letter indica-
ted that the Council has played a dominant role in protecting our
schools from uncontrolled growth and that the Council's untiring
efforts to combat "New Town" will always be remembered and admired
by the citizens and parents of Livermore.
COMMUNICATION -
RESOLUTIONS RE NEW
TOWN FORMULA
Resolutions reflecting the official position of the City of Pleasanton
concerning the Las positas New Town proposal were submitted to the
Council for their information.
The City Council felt the City of Pleasanton .should receive a letter
of thanks for the resolutions and also for their testimony at the
ABAG hearing concerning New Town.
COMMUNICATION RE
GAS TAX FORMULA
A copy of the Mayors' Gas Tax Formula was received from the City of
Newark in addition to the position of the City of Newark concerning
this item. It was noted that the City Council has previously taken
the position of supporting the Mayors' Gas Tax Formula.
l
REPORT RE PURCHASE
OF WILLIS PROPERTY
(Stanley & Murrieta)
The City Manager reported that Mr. Willis has offered for sale to
the City, a piece of property located at the intersection of Wall
Street and Stanley Boulevard which adjoins Pioneer Park and is zoned
for multiple dwellings at this time. The issue was taken up at the
last joint LARPD/City meeting and it was felt that although it might
be appropriate to acquire this property to finish the corner, the
value to the City would be marginal. It would provide little,
if any, additional utility and it was felt that the money could
CM-29-387
April 7, 1975
(Report re Purchase of
Willis Property -
Stanley and Murrieta)
best be placed elsewhere. Since this time Mr. Willis has met
with the Mayor and the City Manager indicating that he would be
willing to concede on the value if a fair negotiated amount could
be set. The Council has asked that the City Manager speak once
again with Mr. Willis and the LARPD staff as well as the appraiser.
Mr. Parness made an offer to Mr. Willis which was rejected and Mr.
Willis submitted a counter offer. Further negotiation has taken
place and Mr. Parness has made a third offer for the property which
Mr. Willis has indicated would be acceptable. The appraised value
was set at $25,000 and Mr. Willis has agreed to a figure of $21,000.
The LARPD Board has not met to formally consider this last figure
but the General Manager has discussed this with at least three
members of the Board, all of whom are recommending acquisition at
this price. Mr. Parness stated that he is concerned that this
property will be developed as multiples if the City does not pur-
chase it and because of potential vandalism problems would recom-
mend that the Council approve acquisition of this site.
/J
CM FUTCH MOVED THAT THE COUNCIL ADOPT THE STAFF RECOMMENDATION
AUTHORIZING PURCHASE OF THIS SITE FOR $21,000, SECONDED BY CM
TIRSELL. ALSO INCLUDED IN THE MOTION WAS THAT THE STAFF BE
DIRECTED TO PREPARE A RESOLUTION FOR THE SALE OF THE PROPERTY
AT THE RECOMMENDED PRICE, FOR ADDITION TO PIONEER PARK. MOTION
PASSED BY UNANIMOUS VOTE.
This amount will remain firm until May I, at which time a final
decision can be made.
APPEAL RE CONDITIONS
OF SITE PLAN APPROVAL
(Robert J.Dengenzo)
An appeal has been filed by Robert J. Devengenzo concerning con-
ditions of a Site Plan Approval permit for a nursery site and
Mr. Musso explained that the zoning requirements are minimal and
there is a requirement that a driveway and parking be provided
and the storage area be kept in a dust free, weed free, condition.
The main reason for the appeal is that Mr. Devengenzo would like
to delay all of the public works improvements and to allow a
portable sanitary toilet. The applicant has indicated that the
main reason for asking for a delay in the conditions is because
the 40,300 sq. ft. will be used to store plants in cans and other
miscellaneous materials including trucks. The area will be fenced
off and used for agricultural use until such time as a wholesale
nursery is feasible.
Cm Tirsell wondered if this is in a benefit district area and
Mr. Musso indicated that it is in an industrial sanitary sewer
benefit district just for the sewer line.
Cm Tirsell stated that as she recalls when there was discusson
concerning development on Naylor Avenue it was suggested by
the Planning Commission that the person be asked to bond and
at the end of three years to extend utilities or as improvements
are done for that area.
Mayor Pritchard wondered if it is even necessary for Mr. Devengenzo
to make application for this particular use if there is not going --/
to be wholesale business taking place, and Mr. Musso indicated
that application would have to be made for storage of equipment
and an office.
Mr. Devengenzo, the applicant indicated that he wants to develop
the property as he can afford to, and simply cannot afford to
put in all the improvements with the idea that there mayor may
CM-29-388
April 7, 1975
c
(Appeal re Conditions of
Site Plan Approval -
Robert Devengenzo)
not be a potential wholesale/retail operation. He desires to
begin with a corporation yard and some agricultural development,
he hopes to grow into a wholesale/retail operation. If and when
this takes place he would be happy to comply with the requirements
of the City concerning all public works improvements. He stated
that what may appear to be little money to some people is a lot of
money to him and that it is going to cost $10,000 just to fence the
property, put in a portable building and portable chemical toilet.
At this point there has been no development in that area and he
would hope that as the area grows or is developed he would also be
able to grow into a business. He indicated that he has asked for
a 5 year delay for the improvements but really wants to put in the
improvements as soon as it is economically feasible for him to do
so and if possible will put in the public works improvements much
sooner than the 5 years.
Cm Tirsell asked if the City, in the past, has deferred the bond
for three years, in an industrial area, or until such time as
other properties in the vicinity begin to develop?
Mr. Musso replied that frequently this is done.
Cm Tirsell wondered what bonding would amount to for this property
and Mr. Lee indicated that there is not a cost estimate for what
is being proposed for this property but it would probably be in
the area of l% or 2% per year.
Cm Miller stated that he would like to offer a compromise and would
be willing to bond, for a period of 5 years, the full amount of the
required improvements and adjusted each year for changes in the
Engineer.1.' ng. stpeeifi8a1l.i_. 11. U ~ThiS WOUld. mean that Mr. Devengenzo
would not have to put up the money and the City would be protected
and it would be insured that the pUblic works improvements would
ultimately be put,i~, ~~ SO MOVED./ C~ T~RSELL SECONDED THE MOTION.
O,nC.4-p-~~~~ (9K" ~0 L}~~~/CV/ .
Mr. Devengenzo asked if this would mean that the basic operation
could begin with a use permit and Cm Miller replied that the City
would have to have the proper legal document and bonds in hand
before Mr. Musso could issue an agreement.
INCLUDED IN THE MOTION AND SECOND WAS THAT THE STAFF WOULD BE
DIRECTED TO PREPARE THOSE RESOLUTIONS AND AGREEMENTS THAT WOULD
FACILITATE THIS MATTER.
Mr. Musso commented that the permit would allow the wholesale
business but the retail business would require a CUP, because
of the zoning on this property.
Mr. Devengenzo asked if provision for a driveway could be deferred
and Mr. Musso stated that the Zoning Ordinance provides that the
conditions of the zoning can be deferred also, which in this case
is the driveway and the parking area - these can be deferred with
proper surety.
MOTION PASSED BY UNANIMOUS VOTE.
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P.C. RECOMMENDATION
FOR CIVIC CENTER SITE
The Planning Commission recommendation is that the multi-service
center be located at the Civic Center site which may be erected
through a HUD Block Fund Grant.
CM TURNER MOVED TO DIRECT THE STAFF TO PREPARE A RESOLUTION FOR
LOCATiNG THE MULTI-SERVICE CENTER AT THE CIVIC CENTER SITE,
SECONDED BY CM TIRSELL AND PASSED BY UNANIMOUS VOTE.
CM-29-389
April 7, 1975
REPORT RE Z.O.AMENDMENT
RE STORAGE P.H. DATE
The Planning Commission is considering possible amendment to the
Zoning Ordinance as it relates to the storage of materials, posses-
sions, supplies, equipment, machinery equipment, etc. and it is
recommended that a public hearing concerning this matter be set
for April 28, 1975.
Cm Miller commented that under the section concerning storage, it
says storage in the front yard (trailers) will be prohibited except
in RL-5 or RL-6 Zoning areas and as he recalls the ballot measure
submitted to the voters did not make any such prohibition.
Mr. Musso indicated that he would obtain further information from
the Planning Commission as to why they didn't agree with that par-
ticular provision of the referendum.
J
em Tirsell commented that also there is no reference to multiples
which very often have a storage problem. Mr. Musso indicated that
the Planning commission did not give an exception to multiples.
Mr. Musso stated that the original provision was that if you couldn't
get your trailer in the rear yard it could be parked in front which
means that a person on a corner lot in the RL-5-0 Zone had to park
it in back and all the neighbors could park theirs in the front yard.
This created a lot of ill feelings in neighborhoods where the ordi-
nance was enforced. The Planninq Commission felt provisions should
be established by zones rather than by capability.
em Miller stated that regardless of the problems involved, this is
still contrary to the ballot measure voted upon by the citizens.
Cm Tirsell stated that under A. Storage Defined, storage does not
include (1) The storage within a dwelling of objects normally found
within a home. Cm Tirsell indicated that what may be considered
normal to one person may not be considered normal by another and
felt the word "normal" should be eliminated.
Mr. Musso indicated that the P.C. discussed this at length but
decided they couldn't really differentiate between the various
types of storage and decided to shift away from parking to the
storage of property in view of the public.
ON MOTION OF CM TURNER, SECONDED BY CM TIRSELL AND BY UNANIMOUS
VOTE THE PUBLIC HEARING WAS SET FOR APRIL 28, 1975.
PLANNING COM-
MISSION MINUTES
Minutes for the Planning Commission meeting of March 4, 1975, were
noted for filing.
COMMUNICATION FROM
LARPD RE INTEREST
ACCRUAL - PARK DEV. FUND
A letter has been received from LARPD indicating that the LARPD
Board of Directors feel that if park development funds are inves-
ted by the City, any interest income from the investment should
be credited to the Park Development Fund. It is felt that it
would be logical and reasonable that the interest income would
be credited to the account from which it was generated.
J
The City Manager indicated that our General fund has been the
depository of all interest earned from General and Trust accounts.
The only exceptions are those specified by law. Interest accruals
are an important revenue item for our General Fund and to extract
CM-29-390
April 7, 1975
(Interest Accrual - Park
Development Fund)
the interest earned from one account would be complex and time
consuming. It is recommended that the Council adopt a motion
denying the request by the LARPD Board of Directors.
u
Mr. Parness stated that a distinction could be made if the City of
Livermore if we were collecting money as a trustee for LARPD but
we are not - it is money that belongs to the City.
CM TURNER MOVED TO DENY THE REQUEST BY LARPD,SECONDED BY CM
TIRSELL.
Cm Miller stated that he would disagree with the motion because
in his opinion the interest from the Park Fund should go back
to the Park Fund, but would agree with what the City Manager has
reported concerning the interest for other funds. He stated that
he feels that the bedroom tax interest should go back to its fund
also.
MOTION PASSED 4-1 (em Miller dissenting).
RES. RE RESERVATION
OF SEWAGE CAPACITY
The City Manger reported that a calculation of the current sewage
flow and unclaimed commitments for sewer connections has been made
by the staff and it would seem appropriate to formally disclose
the status and to declare an official policy for the allocation
of any remaining sewage capacity. It is recommended that a resolu-
tion be adopted declaring such policy.
The following plant flow statistics were obtained:
MGD
Water Reclamation Plant Capacity
Present Plant Flow
Estimated Flow Commitments
Residential
Industrial & Commercial
Sears Development
Present Flow Plus Commitments
Estimated Reserve Capacity After Commitments
5
4.6
.305
.026
.03
4.961
.04
em Tirsell commented that the report would indicate industrial
development that would use as much sewage as Intel would not
be feasible and that only industry such as warehousing would
be allowed sewer service.
/
L/)
Mr. Lee indicated that with the amount of capacity left another
development such as Intel would be quite a burden to the sewage
plant. He added that from a percentage standpoint we would not
likely get industry that would be heavy water users.
The report indicated that 71 lots have been approved for industrial
use and Cm Tirsell wondered if there would be some way one of the
lots could accommodate industry that uses a lot of water.
Mr. Lee indicated that the 71 lots would be equivalent to l/3 of
the water used by Intel because a number of the lots would use
even less than one residential unit would use. He also mentioned
that many of the lots listed may never be developed but have been
subtracted from the amount of capacity available or those lots
for which capacity is being reserved.
CM-29-39l
April 7, 1975
(Reservation of Sewage Capacity)
Cm Tirsell asked why a vacancy factor was included in the report
and Mr. Musso stated that this is the one number that 'was added
over the original report. In the course of checking the dwellings
during the time the census was taken the Planning Department became
very conscious of the vacancy factor which was about 847 dwellings.
He subtracted the major developments from the 847 vacant dwellings
which left approximately 600 vacancies. He stated that during the
last census there was a 6% vacancy factor and that normally the
vacancy factor is from 2%.to 6%. It would be anticipated that
the vacancy factor is lower if no additional homes are being built,
and the reason they arrived at a 4% vacancy factor figure. It is
felt that there will always be as many as 4% vacant just with the
normal turnover and this does not include houses under construction
or not sold.
" J
J
Cm Miller stated that the report represents certain kinds of commit-
ments or what the staff feels are commitments. In his view there
is no commitment for tentative tract maps and he is not sure that
there is a commitment to anybody that does not have a valid building
permit. Legally, nobody is vested until they have building permits
and it would seem that the City should not include areas which are
nowhere near the point of applying for sewer service. He indicated
that he feels the vacancy factor is higher than it should be and if
there would be a lower vacancy factor it would mean the City is out
of sewage capacity. He would suggest that the tentative tracts be
omitted from consideration which would give the City another 11,000
gallons. He would like to delete anybody that does not have a build-
ing permit. He asked how long the City can reserve capacity for that
which brings difficulty as opposed to commercial/industrial which
creates jobs and suggested that the resolution include some kind of
a statement to delete the tentative maps and anybody 'that does not
have a building permit.
Cm Futch suggested that if the Council intends to do this it would
probably be appropriate to continue this matter for one week so that
such added wording in the resolution could be underlined and so that
the Council can think about this suggestion.
Cm Turner wondered if the City might have prior agreements with the
tentative tract people and Cm Tirsell asked if this can be done if
they are in a benefit district.
The City Attorney felt the matter of the City's obligation to serve
the tentative or final subdivision areas is still hazy and the reason
it is not clear is because this is an area of the law that nobody has
ever gotten into. He felt the most important consideration that we
will have to look at would be the validity and exactness of the
figures we are using. The resolution at this time, using the figures
based upon obligations Mr. Lee and Mr. Musso feel are appropriate,
indicates that there is only .04 MGD capacity remaining. Certainly
with this kind of remainder the City is in a position to reasonably
say we can allocate. In his opinion, the more obligations we remove
and the more gallons 'we include as capacity, the less it is reason-
able to allocate capacity based solely upon industrial and commer-
cial. He felt if the City intends to allocate more and more gallons
to commercial and industrial use then we may have to make findings
to show that this is the only way to balance, economically, the
community to support the finding the City will have to make - that
the City does want to balance, economically, the community. He
would also recommend that the matter be continued for one week so
that these matters can be studied in detail. He felt that at this
time he could not really offer a definitive answer and that his
guess is as good as anybody else's guess in these areas and that
it is just a calculated guess and what he thinks or does may not
be agreed to by a court. First of all we need to be satisfied
-.../
CM-29-392
April 7, 1975
l /
~,
(Reservation of
Sewage Capacity)
with the figures and after we are satisfied with the figures then
the question of allocation can be reasonably approached. He stated
that he has not changed his opinion that the City can allocate remain-
ing sewer capacity to economically balance the community and to pro-
tect the general health and welfare but he would like to feel sure
that the figures are exact or at least as close to being accurate
as possible.
Cm Miller wondered if there would be an advantage in adopting the
resolution tonight and amending it next week, or would the City
be leaving itself open to 500 tentative maps that the City can't
do anything about because they have been applied for?
Mr. Logan explained that the effect of the resolution is simply an
intent and is not anything final. He felt that before anything
substantial could be done an ordinance would have to be adopted.
He felt there would be an advantage to adopt the resolution tonight, as
it is written, to put the public on notice that this is a matter
of great concern to the City, Mr. Musso has in his hands a disclaimer
that anybody who files anything with the City will have to sign
indicating that they are fully aware of the fact that there is no
sewer. Theoretically, this could go all the way through to an occupancy
permit and the only time the City would really take action would
be the denial of an occupancy permit based on the lack of sewage
capacity. If developers or anybody else wants to take the risk
of building a multi-million dollar project with no sewage avail-
able at the completion of the project, this is their choice and is
nothing the City can be responsible for if they have signed a dis-
claimer before the project was started. He indicated that it cer-
tainly wouldn't hurt for the resolution to be adopted this evening
and since it reflects intent only it can be changed by the adoption
of another resolution next week or the week after.
Mr Parness indicated that he agrees with Cm Miller in that the Council
is going to have to discuss and decide which commitments, if any, will
be deleted and once this discussion has been cleared and the final
figure has been calculated then it would be appropriate to transmit
or transpose this into ordinance form.
CM FUTCH MOVED TO ADOPT THE RESOLUTION, SECONDED BY CM MILLER.
l
Mr. Logan stated that the effect of adopting the resolution tonight
is by no means cast in concrete. Basically the effect is.the City's
justification to inform all interested persons who come into the Plan-
ning Department to start a project, that they will have to sign a
disclaimer~ The disclaimer is such that it recognizes these things
may change - there are a lot of things that change and in the first
place the Council will proceed to try to get increased capacity. If
the capacity does change then the whole effect of the ordinance will
change and there are all kinds of contingencies involved but one
of the most important things the Council could do now would be
to put everybody on notice so that we don't have any arguments six
months from now indicating that developers didn't realize this was
the case (no capacity). Legally we can't be obligated to do some-
thing we are not capable of doing because of no capacity.
Cm Turner stated that he could be wrong but a few weeks ago he
mentioned that there were only 75,000 gallons available but one
of the staff members stated that this was incorrect and that the
City had 150,000 gallons. He stated that if his figure of 75,000
was correct, would this affect the resolution?
The City Attorney indicated that the resolution is based on estimates
and those estimates could be wrong.
CM-29-393
April 7, 1975
(Reservation of Sewage Capacity)
em Turner asked what the City is doing to diligently pursue the
addition to the plant? The resolution indicates that the City will
continue to diligently pursue financing to expand the existing Water
Reclamation Plant.
Mr. Parness replied that the last action on this item was taken
up about three weeks ago at which time the Council was considering
the allocation of more gallonage capacity to the valley.
Cm Turner stated that he is concerned about the wording "diligently
pursuing" and Cm Miller stated that the EPA is not allowing us to
expand because of the air quality in the valley and we are now
asking them, again, through Cm Futch's letter, what they will
allow.
J
The City Attorney felt there is no rush concerning the rest of
this item. If the Council is going to put this into ordinance
form the most important thing has been covered - the notice.
The second part of it will be the decision as to what the legal
commitments are and those things which are not legal commitments
and then back out those which are not legal commitments and after
this is done it can be determined what can be allocated. The
Council will have to look at some very serious presentations and
documentation of arguments supporting that so much capacity should
be used for commercial/industrial and therefore that should be allo-
cated.
MOTION PASSED BY UNANIMOUS VOTE.
RESOLUTION NO. 55-75
A RESOLUTION STATING THE INTENTION OF THE CITY
COUNCIL OF THE CITY OF LIVERMORE TO ALLOCATE RE-
MAINING CAPACITY OF THE WATER RECLAMATION PLANT
OF THE CITY OF LIVERMORE TO INDUSTRIAL AND COM-
MERCIAL PERMITS ONLY.
CM TURNER MOVED TO DIRECT THE STAFF TO BRING THIS MATTER BACK TO
THE COUNCIL IN 30 DAYS AS AN AGENDA ITEM TO REVIEW QUESTIONS CON-
CERNING THE TENTATIVE MAPS, ETC. HE ADDED TO THE MOTION THAT THE
DATE FOR THIS DISCUSSION BE SET FOR MAY 12, 1975, SECONDED BY CM
MILLER.
The date of May 12th was selected so that a response could be re-
ceived from the EPA concerning what they intend to allow in the
way of expansion prior to discussion of this item.
Cm Miller commented that there is the question of possible expan-
sion and the other issue is the question of what is considered to
be legal commitments. He felt that it is possible for the answer
concerning legal commitment to come faster than what is possible
for plant expansion. He would like to see a resolution to the
matter of commitments as soon as possible and if it is not possi-
ble to resolve the matter of plant expansion to be included in
the resolution this part can be continued. There is also the
question of verification of the figures for proof to a court.
MOTION PASSED 4-0 (Mayor Pritchard abstaining because he will
not be with the Council after the month of April).
REPORT RE HOUSING &
COMMUNITY DEVELOP. FUNDS
/
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The City Manager reported that the County has indicated that
HUD will not accept the contract form approved by our City
calling for the allocation of federal monies to be passed
CM-29-394
April 7, 1975
c
(Report re Housing and
Community Dev. Funds)
through Alameda County. The reason is that the former contract
statement clearly specifies that the City will remain the sole
authority for the disposition of these funds apportioned to us.
HUD insists that the County retain this financial authority. Un-
less a contract modification is made, no funding will be distributed
to the City of Livermore. The subject agreement, however, is for
a one year period, 1975-76, and since the County has already con-
ducted hearings on the total program allocation, including that
for our City there is no need for real concern. If our project is
allowed, it would require the commitment of the entire three year
appropriation. It is recommended that the Council adopt a resolu-
tion authorizing execution of an agreement with Alameda County for
the Community Development Block Grant Funds.
The City Attorney reviewed the changes in the greement with the
Council.
Mr. Parness stated that the changes were rather insignificant except
for the change requested by him with respect to the phrase, "which
shall be used by the County". It was stressed that there should
be use of the word only, "which shall only be used by the County".
It was the opinion of the technicians present during discussion
of changes, that even this would not be accepted by HUD. He stated
that he looks forward to this with a great deal of trepidation and
is sure the Council shares this concern, as does every other city
that is a member of this consortium. The County staff does not
subscribe to the attitude of HUD and would rather not have anything
to do with the disbursement of funds within incorporated bounds;
however, it is either this or no program. He stated that he is
somewhat relieved because it is only a one year contract because
our project application is for three years and the first stage
has already received the approval of the County. We have been
somewhat assured that our project will be approved, at least under
the auspices of the County. We will have complete justification
for appealing to HUD, who have countermanding authority over the
County, if the County says that we will not continue to receive fund-
ing the next year. Mr. Parness stated that this is not his main con-
cern but that his concern lies with the fact that we may not be
allowed to reimburse ourselves per capita expenditure over the suc-
ceeding two years.
CM TIRSELL MOVED TO ADOPT A RESOLUTION AUTHORIZING EXECUTION OF
THE AGREEMENT WITH ALAMEDA COUNTY, SECONDED BY CM MILLER AND
PASSED BY UNANIMOUS VOTE.
RESOLUTION NO. 56-75
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
(County of Alameda-Community Development Block Grant Funds)
REPORT RE ANCESTRAL TREE
SURVEY & IDENTIFICATION
The City Manager has recommended that the matter of the ancestral
tree survey and identification be referred to the staff for con-
sideration at the preliminary budget hearing.
c/
ON MOTION OF CM MILLER, SECONDED BY CM TIRSELL AND BY UNANIMOUS
VOTE THE RECOMMENDATION BY THE CITY MANAGER WAS ADOPTED.
REPORT RE LIGHT DESIGN
FOR FIRST ST./SO. LIVERMORE
A report was submitted to the Council by Mr. Lee concerning the light
design for First Street/So. Livermore Avenue lights and CM MILLER
MOVED TO APPROVE THE SPHERICAL LIGHT DESIGN, AND ADJUST THE TRAFFIC
LIGHT, SO IT IS THE SAME HEIGHT AS THE ONE ON SECOND STREET. MOTION
WAS SECONDED BY CM TURNER AND PASSED BY UNANIMOUS VOTE.
CM-29-395
April 7, 1975
RES. RE MECHANICAL
CHECK SIGNING
& COMMERCIAL BANK DEP.
Annually it is necessary to approve a mechanical method for the
signing of City checks. Also in accordance with City policy it is
time to revolve the depository for our commercial account. The
Investment Committee recommends approval of Valley Bank as the
commercial bank depository and.that a resolution approving the
selection of Valley Bank be adopted.
Cm Futch stated that the reason he asked that this item be removed
from the Consent Calendar for discussion was because he has a ques-
tion having to do with the wording in the resolution indicating that
transfer would be made by Valley Bank. In other words, we would be
depending upon Valley Bank to make the transfer whenever the amount
exceeded the maximum legally allowed.
\~
Mr. Parness indicated that this is a matter of clerical transaction
and that we will not make a deposit to Valley Bank through their
deposit machinery but rather will make it through Central Bank when
these limits are reached. Physically we will not go to Central Bank
and make deposits but it will be made here with Central Bank's mech-
anism.
em Futch stated that his point is that we are depending upon someone
else to carry out the responsibility of transferring the money so
that we never exceed the maximum amount allowed by law.
Cm Miller stated that he has the same kind of concerns mentioned
by Cm Futch and also Valley Bank has not been very cooperative about
time deposits. They don't have the right computer equipment that
the other banks have and it would seem that Valley Bank is just
not large enough to handle the business that the City engages in.
Mr. Nolan, the Finance Director, commented that the report sub-
mitted to the Council concerning this item may have been a bit
misleading. Valley Bank had originally proposed that they would
make the transfer but our auditors, after consultation, recommended
that it would be up to the City to deposit the money with either
Valley Bank or Central Bank so that the transfer would be selectively
deposited at our discretion. This is the point Cm Futch referred
to and legally the City cannot exceed the maximum limit for even
one day and transfer will not be made by Valley Bank.
em Turner commented that with respect to security for public de-
posits, there will be a letter forthcoming indicating that Valley
Bank will certify that they do have adequate securities on deposits
and he would like to suggest that this letter come from the Trustees
rather than the bank.
Mr. Nolan indicated that this suggestion would be advisable and
that, in fact, the united California Bank has proposed to act
as the agent for the depository. The reference to be guaranteed
from Valley Bank would be in the amount of the securities they
are going to pledge. The amount they would be required to pledge
would be 110% of all the deposits and this amount will fluctuate.
To simplify the accounting problems, because one day there may be
nothing and up to a million dollars the next, Valley Bank has
proposed to keep a fixed amount of securities pledged all the time.
Cm Tirsell asked if the Investment Committee has considered all of
these problems and it was indicated that the Committee has met on
more than one occassion to see if some of the things could be re-
solved. The most important issue discussed was the deposits.
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CM-29-396
April 7, 1975
u
(Mechanical Check Signing
& Commercial Bank Dep.)
Mayor Pritchard stated that he was present at the meetings held
by the Investment Committee and it was recommended by the auditors
for the City that we adhere to the law specifically on this one
point. Consequently, after the first meeting, Valley Bank went
to Central Systems and worked out the method for having the deposits
made when they are going to exceed the amount of collateral they
can make. Mayor Pritchard stated it is his understanding they
would be made in Sacramento at that branch for deposits coming
from the state.
Mr. Nolan mentioned that there are monies turned over directly
from the State of California to our bank or their representative
from Sacramento for same day deposits, such as motor vehicle in lieu
money, the gas tax money, the sales tax money and cigarette tax money
deposited the same day it is made available to the City. Because
Valley Bank, per se, is not located in Sacramento, Central Bank would
be the bank in which the money would be deposited, initially in
Sacramento so that, theoretically, we could get our hands on the
money the same day.
Mr. Parness commented that the reason these considerations were looked
at were because Valley Bank has not had the actual accounts of the
City.
Mr. Nolan indicated that there is one account at Valley Bank now which
is a small special account in which deposits are made according to an
agreement. Valley Bank loaned the City $177,OOO for some rental
facilities at the airport.
Cm Miller stated that dealing with Valley Bank seems to be "left
handed" and we have never had these kinds of problems in dealing
with other banks. He feels that the reason there are problems is
because Valley Bank is not large enough and overall it would appear
that the City is not getting the best service.
Mayor Pritchard commented that he feels a consensus of concern among
the majority of the Council and if this is the case would suggest
that a recommendation be made either to the Investment Committee or
the staff to take some kind of action soon because this is an item
that has been dragging on for several months. If the Council does
not wish to use Valley Bank another recommendation should be made
soon or the Council should come back with a recommendation soon to
move to the next bank on the list which would be Wells Fargo Bank.
He felt the Investment Committee was trying to keep within the legal
limits and still accommodate a local bank but indicated that he too
shares some of the concerns mentioned.
Cm Turner stated that morally he is concerned about the agreement
but feels he should abstain from voting on this item because of a
conflict of interest.
Mr. Parness stated that if the Council would like, he could arrange
to have a bank officer meet and discuss this matter with the Council
to help clarify some points and help ease the concerns mentioned.
(~
",----.
CM TIRSELL MOVED TO DIRECT THE FINANCE DIRECTOR TO MOVE TO THE NEXT
BANK ON THE LIST (WELLS FARGO) AND TO NOTIFY VALLEY BANK OF THIS
DECISION AND THE REASONS. MOTION SECONDED BY CM FUTCH AND PASSED
BY A 4-0 VOTE (Cm Turner abstaining).
CM TIRSELL MOVED TO ADOPT A RESOLUTION ADOPTING A MECHANICAL METHOD
FOR SIGNING CHECTS, ETC., SECONDED BY CM FUTCH WHICH PASSED 4-0
(Cm Turner abstaining).
CM-29-397
April 7, 1975
(Res. Re Mechanical
Check Signing Auth.
& Commercial Bank Dep.)
RESOLUTION NO. 60-75
RESOLUTION ADOPTING A MECHANICAL METHOD FOR SIGNING
CHECKS, SELECTING A DEPOSITARY AND PROVIDING FOR THE
NAMES OF THE OFFICERS AUTHORIZED TO SIGN CHECKS AND
THE METHOD OF SIGNING CHECKS.
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EXPANSION OF
SEWER PLANTS
Cm Tirsell stated that she has just been informed by a member of
the VCSD Board that the State Water Quality Control Board is review-
ing their priorities for funding sewer treatment plants that are in
critical air basins, and they are being lobbied to lower their stan-
dards and she would be interested in knowing when and where the hear-
ings will be held. She suggested that the staff be directed to write
to the State Water Quality Control Board to find out about the hear-
ings so that we can testify.
Cm Pritchard commented that a formal motion would not be necessary
and the staff was so directed.
WEEKLY STATUS
REPORT - CITY MANAGER
Public Works
Mr. Parness reported that for the first time the City is having to
clean one of the digesters at the sewage plant and the reason for
the cleaning is because of a build-up of plastic. Fortunately the
staff was alert and the digester is being taken care of and will
not need to be replaced.
Mr. Lee explained that plastic comes from disposable diapers, tooth
brushes and all the plastics used in the home. This material is
pumped in with the solids and build up in the digester forming a
solid mass which is very difficult to remove.
Mr. Parness stated that the resident engineer at the plant has
left the City and there needs to be a replacement. A report will
be coming to the Council on this matter.
Hillside Ordinance
The Hillside Ordinance has been under draft preparation and review
by a special committee of the Planning Commission and has been
referred to the P.C. but during the interim the special committee
met with our staff and there was a lot of contrary technical input
from the staff as to the committee's work which has caused the com-
mittee to have some different views. Therefore, there will be a
slight delay of the ordinance because it is being reconsidered.
It is anticipated that it will come to the Council soon.
No. Calif. Golf Foundation
I
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The City of Livermore was host to the Northern California Golf Founda-
tion, who held their third annual seminar at Las positas last week.
Mr. Parness stated that he met with them briefly and indicated that
this is good publicity for the golf course and is pleased to have had
a group such as this at our golf course. He indicated that they spent
the entire day at our golf course and were very complimentary as to
what they observed.
CM-29-398
April 7, 1975
North I-580 Park
L
The Planning Director has met with Reeder Development Company to
discuss the possibility of changing the site for the park because
of the realignment of Springtown Boulevard plans. Also the School
District has decided not to purchase the school site adjoining the
park site. If Reeder is agreeable to the suggested change the staff
will bring the matter back to the Council for discussion.
Fire Station No. 1
It is anticipated that the City will be ready to go to bid for Fire
Station No.1 on May 1, 1975.
It might also be noted that with respect to the Fire Department, six
men are in training as Emergency Medical Trainees (EMT) which is the
beginning level training which requires about 100 hours of in-service
training and will qualify them to be administrators of all the equip-
ment on ambulances and to serve, during emergency situations, in the
hospital emergency room. The next category is EMT-2 for actual
paramedical training and the entire training program is through
Chabot College.
Police Department
Mr. Parness stated that the Chief of Police has asked that Mr. Parness
reassure the City Council that frequent emphasis is being imposed by
them for the First Street patrol job and were quite active this week-
end. Rain and bad weather this past weekend meant there was not a
great deal of activity on First Street. Continuing efforts will be
imposed and particularly as the weather improves. They are making
every effort to ease the burden - particularly with respect to the
merchants.
Curbside Delivery
The Post Office has finally agreed to begin curbside delivery at
the airport and although this is not exactly what the City would
like it is a step in the right direction and the City is appreciative.
BIDS FOR VEHICLE
The City Attorney mentioned that in the Consent Calendar the bids
for the vehicle authorized by the Council (Resolution 54-75) were
not listed and suggested that these be mentioned prior to adjournment.
Codiroli Ford, $4,077.32; Groth Brothers, $4,952.25; and Moran
Oldsmobile, $4,799.14
Mr. Parness stated the City Attorney has indicated his preference
for the Oldsmobile Starfire and the Purchasing Department reports
that the out-of-town agent (Moran) is $144 lower in price but taking
into account the rebate of sales tax it has dropped to about $l02 lower.
This is a matter for the Council to decide whether purchase should be
made from the local vendor or to take the low bid.
L
It was noted that the Codiroli Ford proposal did not meet speci-
fications and the Maverick was not acceptable to Mr. Logan and
that the two Oldsmobile dealers would be the two considered.
CM TIRSELL MOVED THAT THE BID BE AWARDED TO GROTH BROTHERS,
SECONDED BY CM FUTCH WHICH PASSED BY UNANIMOUS VOTE.
CM-29-399
April 7, 1975
ADJOURNMENT
APPROVE
adjourned the meeting at 11:40 p.m. to an execu-
diSC~~:~~
1\ 'I ;)
~Wl a~
City Clerk
Livermore, California
Mayor Pritchard
tive session to
ATTEST
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Regular Meeting of April 14, 1975
A regular meeting of the City Council of the City of Livermore
was held on April 14, 1975, in the Municipal Court Chambers,
39 South Livermore Avenue. The meeting was called to order at
8:10 p.m., with Mayor Pritchard presiding.
ROLL CALL
PRESENT:
ABSENT:
Cm Miller, Tirsell, Turner and Mayor Pritchard
Cm Futch (seated during the Open Forum)
PLEDGE OF ALLEGIANCE
Mayor Pritchard led the Councilmembers as well as those present in
the audience, in the Pledge of Allegiance.
SPECIAL ITEM
(Beautification Committee Awards)
Decals from the R~autification Committee were awarded for beautifi-
cation of residences and businesses and were presented by Chairman
Ayn Wieskamp and Vice Chairman Ray Brice to the following:
Mr. and Mrs. Quentin Johnson, 886 So. K Street, corner lot treatment
Anderson Building, 4ll South L Street, attractive restoration
Mr. and Mrs. Wallace Clements, 806 So. L Street, landscaping
Dr. Sam Takemoto, 314 So. L Street, attractive renovation-office
Dr. Jack Owens, 2815 East Avenue, well designed offices
Mr. and Mrs. Marshall Kuhn, 2173 Palomino Rd, planters & lawn rock
Mr. & Mrs. Conald Brilz, 1469 Aster Lane, attractive low maint yard
Mr. & Mrs. Leroy Stewart, 2228 Shetland Rd, nicely maintained
Name unknown, lOll Marigold Rd, neat, attractive yard
Mr. & Mrs. Duane Martinson, 2246 palomino Rd, neat, well planted yard
Mr. & Mrs. Harris, McGehee, 273 Garnet, well coordinated corner lot
Mr. & Mrs. Thos. Ziegler, 177 Ruby Court, beautiful landscaping
Mr. & Mrs. Robt Sims, 603 Jade Place, nicely landscaped yard
Mr. & Mrs. Carl May, 515 Zircon Way, nicely landscaped .
Mr. & Mrs. Fred Susakawa, 885 Lagune, beautiful Japanese lands. ~
Mr. & Mrs. Ken Freitas, 382 Pearl Dr, handsome use of stone
Mr. & Mrs. Stephen Tedford, 375 Covellite, attr. use of brick
Mr. & Mrs. Jasper Pena, 396 Covellite, attr. use of brick, rock
Mr. & Mrs. Carter, 2195 Bluebell
CM-29-400
April 14, 1975
OPEN FORUM
(Ballot Measures)
c
Paul Tull, 2242 Linden Street, stated it has been reported that the
majority of people want to vote on the Council replacement caused
by the resignation of Mayor Pritchard, and he felt the So. Pacific
Railroad underpass project should be placed on the same ballot,
indicating he had the petition to bear him out.
(Permit Fees-Residential)
John Regan, 672 South N Street, stated he had addressed the Council
concerning the fees required for single family residences last week
because he felt the Council was not aware of the cumulative total.
Also throughout the entire period of time before the aforementioned
fees came into being there has remained in his mind the uncomfortable
feeling that there is something morally wrong in this method, as those
who came before paid nothing, and they now see fit to increase the
fees by almost three times the amount they were three years ago.
The inflationary rate for this same period is not that high. An
editorial asked why these fees could not be paid over a longer period
of time. To assess a purchaser of a new home $5,000 weighs heavily
on his conscience and he asked the Council if they had ever considered
a special committe to study various means of financing these fees
and felt it would be morally correct to do so.
Cm Futch asked Mr. Regan if he had made this request to other agencies,
and he replied that he had not.
Cm Miller stated that the Council is aware of the amount of these
fees and they have been discussed many times. However, Mr. Regan's
view that it is morally wrong to charge fees is not held by many
other people who have sub~~9Az~~'Rkgher taxes in the earlier growth
of the community. Mistake~ve~een made in the past are not a justi-
fication for continuing something that is wrong. People in
the past should have recognized they were subsidizing the growth,
but it was recognized as early as 1957 by the Council. The
whole point of the issue is that people should not have to subsidize,
through higher taxes, growth in the community. The City can justify
every penny that is imposed on those fees and they are still not
a complete accounting of what a fair fee is.
Mr. Regan stated he appreciated Cm Miller's comments, but still felt
it was wrong for a person to pay these fees every time they moved
from one community to another. He again asked if this system had
been fully explored and if it is the only way.
Cm Miller explained the fee progression by stating that the purpose
of the fees is to provide capital improvements and the person moving
into a new home is paying his share of these improvements. However
when he moves, these fees are included in the selling price of his
home, so that in effect he is only paying these fees one time.
Mr. Regan stated basically what he is attempting to find out is
how these fees came about, and why have they increased from $1800
to $5095 in three years in the same tract and wondered if it would
(/ be $IO,OOO in ten years.
\
~/ Cm Tirsell stated that three years ago a friend purchased a tract
home for $34,500 and the same model is now selling for $59,500 and
she felt that this increase can be justified by the cost of con-
struction increase on which the fees are based.
CM-29-401
April 14, 1975
(Bldg. Permit Fees)
Mr. Regan asked if the Council is satisfied they have explored all
means of financing these costs.
Cm Turner stated he had asked this same question when he was elected
and was assured by the City staff that the fees were imposed to cover
the costs but not to make a profit and he has accepted that. There
are questions whenever there is a fee imposed, and maybe the fee
structure should be reviewed. At one time it was considered to spread
the fees over approved industrial applicants, but this was not pur-
sued. He would recommend that the Council refer this matter to the
Industrial Committee to do a study of industrial fees and perhaps the
whole fee schedule if the Council would agree.
//---"-"''\\
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Cm Tirsell stated that a meeting in January was called by the City
Manager with the Chamber Industrial Committee and City Industrial
Committee and they reviewed the entire fee schedule for industrial
uses.
Cm Miller added that one of the residential fees will be under review
by the Council shortly - the annexation fee.
Cm Turner asked if there could be a review of the residential fees.
The Public Works Director explained that there are different times
for different fees, such as the case of the sanitary sewer connection
fee for which he had prepared a revenue program study for the state
and the EPA in conjunction with the obtaining of the grant on the
water reclamation plant expansion. This was based on the actual
anticipated need for the future. The park fee was established three
or four years ago and a study made at that time and it has been ad-
justed annually based on the cost of construction index and land
values. The water storage fee was revised about a year ago based
on a study at that time.
Cm Turner asked Mr. Lee if he could prepare a summary of these
fees which he agreed to do.
Mayor Pritchard stated when this report is received perhaps the
Council could hold a study session with the staff.
Mr. Parness stated that the Industrial Committee had spent about
six months doing an exhaustive study, circularizing all cities in
the state for fees applicable to industrial properties that really
pertain to residential because they are relatable.
Cm Futch stated he had the impression that Cm Turner was suggesting
that the industrial and commercial subsidize the residential, but
Cm Turner stated that was not his intent.
Cm Miller stated he would like to add that the money is paid off
in stages by the mortgage paYments.
(Repair of Fences)
Ray Faltings, 1018 via Granada, complimented the Public Works Dept.
for their quick action in repairing the fences on Holmes Street
between Mocho and Elaine. The fences were in excellent repair at
4 p.m., but by dark that same night numerous slats had been destroyed,
but the next morning before 9 a.m. the fences were completely repaired. . )
He did not agree with the back yard fencing, but as long as they ~
exist, the Public Works Department is doing an excellent maintenance
job.
CM-29-402
April 14, 1975
()
(Congratulations to Mayor)
Mr. Faltings expressed his wishes to the Mayor for success in his
activities in his future move, such as his success in this valley.
Mr. Faltings suggested that after departure of the Mayor that there
should be an election for a new councilmember, however if this is
not feasible at this time, it should be considered that whoever is
selected for the vacant seat should at the same time as the person
is appointed hand a resignation to the Council so that at the next
general election instead of electing two council people there should
be three elected. In that manner the individual would be before the
public in order to see that the choice made by the Council was the
right one.
Mayor Pritchard asked the City Attorney if this could be done, and
Mr. Logan explained this could only be done if there is an ordinance
which allows for it, but there is not such ordinance.
Mr. Faltings asked the City Attorney if an individual who is appointed
could resign in advance, stating he would serve in office until the
next election is certified.
Mayor Pritchard stated that the person would be appointed to fill
an unexpired term, and if they should resign, another appointment
would be necessary.
Mr. Faltings explained he felt it would be saving the community the
cost of the election and adding three names instead of two to the
ballot should be no great expense.
Cm Miller stated perhaps the Council could do something along the
principle proposed by Mr. Faltings even though there is no
ordinance, but perhaps an ordinance could be adopted however that
might delay the appointment. There are other alternatives that the
Council may also wish to consider.
(Water Reclamation Plant)
Ron Gilbert stated he had done some checking regarding the sewer
plant capacity and found it can only handle 5 mgd.
Mayor Pritchard stated the capacity is rated in gallons per day
average dry weather flow, but there are days when it can handle more.
Mr. Gilbert stated that the Council indicated last week that they
welcomed industry, yet he learned from a reliable source that there
are 50 permits and with those houses and the ones not sold, it would
put the City over the alloted sewer capacity.
Mayor Pritchard explained that with all the permits that could be
taken out on accepted tract maps and all the commercial and industrial
property that could be developed, it would bring the capacity to
less than the 5mgd, and Mr. Lee concurred there would still be about
40,000 gallons per day left.
Cm Miller stressed the 5 mgd was for the dry weather flow and this
is the rainy season, and there is a difference in the dry weather
flow.
c
Cm Futch added that a firm was hired last year to check the flow
and he confirmed the figures of the Public Works Director, and our
present flow is based on the calibration and studies made by that
consultant firm.
CM-29-403
April 14, 1975
(Reclamation Plant)
Mr. Gilbert stated he could not understand why the plant couldn't
be expanded to carry a larger capacity, but then that would mean
more growth which we do not want.
Cm Miller stated expanding the plant certainly means more growth
which would mean more smog, and that is the criteria by which the
state and federal agencies that pay for 7/8 of the plant use for
cutting off funds. Cm Miller referred to the explanation offered
at the last meeting concerning this matter.
"J
Mr. Gilbert asked the Council if they were honestly concerned
about the construction people and whether or not they make a living
in this valley. He asked Cm Miller if he was interested in seeing
the valley grow at all.
Cm Miller replied that he is concerned about smog and the residential
growth creates smog and there is evidence to prove that. As long
as there is going to be smog as a result of residential growth, he
personally does not believe there should be any more residential develop-
ment in the valley. However, the commercial/industrial development
helps reduce the amount of automobile travel which he feels is very
desirable for the valley, and the commercial/industrial gives the
construction workers jobs so it is not a simple yes or no answer.
Cm Tirsell advised Mr. Gilbert that she had invited him to lunch
last week to discuss these matters and she had given him her phone
number and told him she would do the research and give him any in-
formation he wanted. She extended the invitation again.
(Fees for Parks)
Mr. Carter, 2195 Bluebell Drive, referred to a comment made by Cm
Miller regarding fees which are used for capital improvements; one
being parks and asked where the park is that he paid his fee on,
and Cm Miller replied there is money to buy a community park in
that area, explaining that area was annexed to the City before
there was any park dedication. That is one of the reasons Mr.
Regan feels the fees have increased so tremendously; it was dis-
covered that a large part of Livermore is developed without the
dedications that provide for such amenities. There is money in
the park fund to provide the park land and there are three parks
proposed for that area, one being a community park.
CONSENT CALENDAR
Architects' Tour of Ravenswood
A report was submitted concerning the Architects' Tour of Ravens-
wood which indicated that Mr. Lowell Bergman of LARPD gave an
oral history of the facilities. Ravenswood has been selected as
a point of Historical Interest and LARPD intends to apply for re-
gistration on the California and National lists of recognized heri-
tage establishemtns.
Resolution Rejecting Claim
(James L. McDonnel)
RESOLUTION NO. 61-75
~
A RESOLUTION REJECTING CLAIMS OF JAMES L. McDONNEL
CM-29-404
o
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April 14, 1975
Establishment of
Mailbox Standards
RESOLUTION NO. 62-75
A RESOLUTION SETTING STANDARDS FOR CURBSIDE MAILBOXES
Report re Lease Agree-
ment Shell Oil Co.
The City Manager reported that the Shell Oil Company provides a
vehicle for gas dispensing at the airport for $1 per year. This
new lease is required because the vehicle is being changed. It is
recommended that a resolution authorizing execution of the lease
be adopted and a resolution terminating the lease for the old vehicle.
RESOLUTION NO. 63-75
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
(Shell Oil Company)
RESOLUTION NO. 64-75
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
(Shell Oil Company)
Minutes - Various
Minutes of the Greens Committee for the meeting of February 27,
and minutes of the meeting of the Housing Authority for February
4 and February 18 were presented to the Council.
Payroll and Claims
There were 86 claims in the amount of $509,018.82 and 294 payroll
warrants in the amount of $89,107.19 ordered paid as approved by
the City Manager.
Approval of Consent
Calendar
ON MOTION OF CM TIRSELL, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE THE ITEMS ON THE CONSENT CALENDAR WERE APPROVED.
MATTERS INITIATED BY STAFF
(Street Light Design)
Mr. Dan Lee stated that at the last meeting the Council approved
the design of the street light for First St. and Livermore Avenue
and the decision was that it be the Second St. type spherical fixtures
at that height. As a matter of clarification Mr. Lee asked since
the Council considered replacing the First Street lights with the
spherical fixture using the existing poles there is a 2~ ft. difference
between the existing poles and the ones on Second Street. If it is
the intent to use the existing poles then rather than using Second
street height poles the Council would want to use the First Street
height poles.
Cm Miller asked what would be wrong in cutting them off as the
reason for the lower height was the architectural scale and that
it would be more in keeping with the buildings and the height.
CM-29-405
April 14, 1975
(Street Light Design)
Mr. Lee explained that the poles on First Street are pre-cast mar-
blelight poles and they have a plate on top and reinforcing and
he did not feel they would lend themselves to being cut off.
Cm Tirsell asked if the Beautification Committee or Design Review
Committee had looked at the two kinds of poles, and Mr. Lee re-
plied that they had and as he recalled it was the conclusion that
they were in the proper proportion.
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Cm Tirsell stated she would prefer to get the whole batch out and
get decent looking lights on First Street.
Cm Miller offered the following compromise - examine the poles to
see whether they can be cut off and meanwhile send the concept
back to the Beautification Committee for a report as he would
like shorter poles if reasonably possible.
Mr. Lee stated it is reasonably possible if that is what the Council
would prefer and is not such a serious matter that it deserves much
delay. He only wanted to be sure the Council understood it.
Cm Futch stated he would like to know the cost involved and Mr. Lee
replied that it would make no difference in cost for the poles being
placed at that intersection.
(Statements of Economic Interest)
The City Clerk reminded the Councilmembers that there are deadlines
to be met in filing their Statements of Economic Interest with the
County Clerk (Moscone Act).
(Hearings-Water Resources
Control Board)
The City Manager informed the Council of hearings to be held by
state Water Resources Control Board having to do with the popula-
tion projections, their limits and their effects on funding for
treatment plant enlargement projects. There is a notice by that
Board dated July ll, having to do with population projections.
Another is a special supplement from the League of California
Cities on a related topic. There is a report dated April 10,
which gives the proposed resolution of the State Board and an
attachment of the grant position. Mr. Parness stated that these
are very important matters and although not directly affecting our
City and the Council may want to propose a position for referral
to the State Water Resources Control Board for the May 12 hearing.
(Cooperative Planning History
Livermore/Amador Valley)
Mr. Parness referred to the article he had distributed to the Coun-
cil with reference the the cooperative planning history of the
Livermore-Amador Valley for their information with respect to the
forthcoming presentation to ABAG.
Mayor Pritchard asked the Council if there was any discussion on
these items.
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Cm Tirsell reminded the Council that the public hearing is Thursday,
April 17, 7:00 p.m. at the Hotel Claremont when the Executive Com-
mittee of ABAG will hear the Las positas proposal and she had re-
quested that the Council formally adopt the resolution concerning
CM-29-406
April 14, 1975
(Valley Planning)
the Regional Planning Committee's report to the Executive Committee
AND CM TIRSELL MOVED THAT THE RESOLUTION BE ADOPTED, SECONDED BY
CM FUTCH.
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Cm Miller suggested that there be one more paragraph added that all
the local jurisdictions also oppose the proposal, and the resolution
was amended to include this suggestion, ON MOTION OF CM MILLER
SECONDED BY CM TURNER AND BY UNANIMOUS APPROVAL.
THE MAIN MOTION TO ADOPT THE FOLLOWING RESOLUTION PASSED UNANIMOUSLY.
RESOLUTION NO. 65-75
A RESOLUTION CONCERNING THE PROPOSED DEVELOPMENT OF
THE LAS POSITAS AREA
Mr. Parness asked Cm Tirsell if she would prefer to have the resolu-
tion mailed or deliver it herself, and the Council concurred that they
should do both.
MATTERS INITIATED
BY COUNCILMEMBERS
(COVA Meeting)
Cm Tirsell stated that last Thursday night at the COVA meeting the
BART consultant presented BART extension for the Valley plan which
will be sent to all Councilmembers. There will be two public hearings
in the Valley sponsored by COVA and a separate hearing and presenta-
tion by the consultant and our BART director, Bob Allen for all
elected officials of the Valley, probably in Pleasanton. She felt
that all Councilmembers should hear the presentation.
(Committee Appointments
Executive Session)
Cm Turner asked if the Council could hold an executive session to
make some appointments to the committees, and the Council agreed
to adjourn to an executive session to discuss the appointments.
(7-Supervisor Concept)
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Cm Turner referred to a letter which he had sent the other Councilmem-
bers concerning his attendance at the League meeting and he had asked
that the Council consider supporting the 7-Supervisor concept. It
is felt that seven supervisors could better serve the populace and
it is worthy of consideration. Since action items are not supposed
to be brought up by Councilmembers, he asked if this matter could be
placed on the agenda for the next meeting.
Cm Tirsell stated that Tom Bates is charged with doing the redistrict-
ing plan and they can send communications, she suggested that perhaps
they could direct a letter to Tom Bates, however Cm Turner stated
that in keeping with Council policy, it should be listed as an agenda
item. ~...'::diL ~oAr: tl~~
Cm MillerJst~ that the concept of seven supervisors has been
Sl1J?r"n. ,...J::by Valerie RaYmond, and he agreed it was a good idea and
should be placed on the agenda. He would also support the idea of
sending a letter to Mr. Bates.
Mayor Pritchard remarked that the State of Wyoming, which has a popu-
lation less than half the population of Alameda County, has a Governor
and entire executive staff and a full legislature of senators and
assemblYmen to handle the functions of that state.
CM-29-407
April 14, 1975
(Council Letters)
Cm Futch stated he had the letters he promised to write for the
City Council - one to Bill Denny, Executive Officer of the State
Water Resources Board; the other to Paul de Falco, Regional Admin-
istrator of the Environmental Protection Agency in which he made
several points in addition to asking if they could be specific as
to the population in the Valley and within the existing communities ~
that would be funded by EPA under the new policy. Cm Futch asked ~
for any comments the other Councilmembers might wish to make before
mailing them. Cm Futch referred to the State Regional Water Qual-
ity Control Board meeting to be held on May 12, stating that he
felt there should be some Council representation when they decide
their position which would be solidified by these letters and they
would have a basis to make comments at that meeting.
Cm Turner stated that he would take exception to the item regarding
the full scale widening of I-580 through the Valley as he favored
the widening.
Cm Futch stated his understanding, but perhaps the combination of
factors might be significant and realizing the Council's opinion
he felt it was a factor that should be mentioned.
(Corps of Engineer Project)
Cm Futch asked the City Manager about the report the Council had
requested concerning exactly what Congress was going to vote on
relative to the Corps of Engineer Project, the procedures, etc.
Mr. Parness stated that an appropriation has already been allotted
for the preparation of the scope of work in the amount of $100,000
which is to be expended no later than June 27, 1975. This was done
by action of the House Committee on Public Works, however an appro-
priation for the conduct of the study has not yet been made and
is to be a part of the budget process and it will be up to this
same committee.
Cm Futch stated they are now going back for possibly ten times
that amount and the nature of the study is still not known, and Mr.
Parness explained that he understands that the scope of work is in
draft stage prepared by the district and is now in the hands of
the regional offices from which it will be referred to the local
agencies for their comments and thence back to Washington. Mr. Par-
ness stated that the representative had indicated that the scope
of work will go through as presently outlined with the possible
exception of the water management aspect of the study which may be
deletable in the event there is a 208 planning agent designated,
to wit: ABAG.
Cm Futch stated he is concerned about the time scale as he under-
stands the voting will be held in Washington the last of April,
or first of May and he felt we should be represented.
Cm Miller stated it is possible for an appropriation to be made
before any plans are made, and he felt this is what the Council
should be testifying about but they should know the exact format
and structure and if necessary they should contact both Don Edwards
and Pete Stark to determine what is going on.
Cm Futch asked the City Manager if he would contact Congressman
Stark and furnish the Council with the information by the end of
the week.
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CM-29-408
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April 14, 1975
(Sewer Expansion)
Cm Turner referred to Cm Futch's letter, stating there are certain
needs in the valley and there will be a limited amount of sewer ex-
pansion; he felt the Council should be on record that the City would
like to be considered for sewer expansion in order to be able to
serve our commercial/industrial needs.
(Resolution of Appre-
ciation Art Work-Chabot)
Cm Miller stated that a substantial gift of art work was made to
Chabot College by Phillip Chin and he felt this was an excellent
gift to education and to the community and SUGGESTED THAT THE
COUNCIL PROVIDE PUBLIC APPRECIATION TO MR. CHIN IN THE FORM OF A
RESOLUTION THANKING HIM ON BEHALF OF THE COUNCIL FOR THE COMMUNITY,
MOTION WAS SECONDED BY CM TURNER AND PASSED UNANIMOUSLY.
RESOLUTION NO. 66-75
A RESOLUTION OF APPRECIATION (Phillip Chin)
(Clean Air Act-Sen. Tunney)
Cm Miller mentioned that a notice had been received regarding the
hearings on the Clean Air Act from Senator Tunney and asked if the
Council would like to submit some written testimony, or if someone
goes to Washington for the Corps of Engineers matter, they might
attend the hearings personally which begin April 21. They have until
May 30 to submit comments.
Cm Tirsell stated that since Cm Miller has done the research, he
might prepare a written position that the Council could look at,
and Cm Miller agreed to do this and it might be scheduled as an
agenda item for next week.
RECESS
AFTER A SHORT RECESS THE MEETING RESUMED WITH ALL COUNCILMEMBERS
PRESENT.
COMMUNICATIONS
Judge Lewis re Bike Lanes
A letter was received from Judge Lewis regarding the prompt response
by the Public Works Department to requests for modifications and
street signs and painting of the necessary bicycle lane designations.
Assemblyman Mori re
State Employment Offices
An acknowledgement was received from Assemblyman Floyd Mori to the
letter from the City Manager regarding the problems incurred by
valley residents with the State Employment Development offices.
Although arrangements have been made for a mail program, Assemblyman
Mori advised that he would desire to look to some more long range,
permanent facility in the Valley.
CM-29-409
April 14, 1975
Beautification Committee
Minute Inaccuracies
Elizabeth Mondon had written concerning inaccuracies which have
appeared in the minutes of three meetings of the Beautification
Committee and asked that the Council note these.
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Central Business District Plan
A communication was received from the Planning Commission concern-
ing the plan for the Central Business District and their views
and comments on the preparation of a specific plan for the Central
Business District.
Cm Tirsell stated that she had asked for the Council to review
the goals and that the Council has not formally adopted the goals
sent to the Council by the Planning Commission. She stated that
this report is the discussion of how the P.C. went about studying
the matter but they did adopt goals and in the goals the P.C.
asked the consultant to restudy the downtown area. She asked
that this item come back to the Council as an agenda item for
discussion and adoption of the goals.
The communication was noted for filing.
REPORT RE KISSELL CO.
CONTRACT EXTENSION
The City Manager reported that staff negotiations have been con-
ducted as to the proposed terms extending the date of applications
for building permits and the Heather Lane bridge construction. A
response has not yet been received which may necessitate the deliv-
ery of a later staff report.
Mr. Parness stated that the staff has met with the Kissell people
over this past week to discuss proposed conditions for extending
the date of application for the building permits. Mr. Parness
indicated that the conditions were that in consideration of the
extension of the 104 building permits date, for a term not to
exceed two years, the Kissell Company would agree to the instal-
lation of the full public works improvements associated with the
Heather Lane bridge, and secondly they would agree to waive any
entitlements for interest accruing for the monies on deposit for
the 104 permits from and after the date of their present qualifica-
tion (May 16, 1975). Thirdly, they would agree to take out at least
half of the 104 permits within one year after May 16, 1975 and the
balance no later than two years from this date. In addition it was
recommended that the time for the initiation of construction for
the Heather Lane bridge be extended for a period not to exceed 90
days.
Mr. Watson explained that the date they are asking for the exten-
sion concerning the bridge is for the date of completion - not
an extension for the initiation of construction.
Mr. Parness stated that Mr. Watson has agreed to these terms, as
mentioned above, and if the Council desires, these terms will be
written up as an amendment to the existing contract.
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CM-29-410
April 14, 1975
(j
(Kissell Negotiations)
Mr. Watson stated that they would hope the date of extension for
the completion of the bridge could be moved from June 3, 1975, to
September 3, 1975. He stated that they have not, as yet, received
final approval of the plans for the bridge from the City Public
Works Department and they cannot begin construction until they have
received final approval. It is his understanding that the plans
are back with the Zone 7 people of the County and they aren't taking
care of the paper work. There is no guarantee how soon Zone 7 will
get the plans back to them and there is also an additional problem
because some utility relocations have to be taken care of by PT&T and
PG&E who may not do the work for a few weeks. He explained that
Kissell does not want to start construction on the bridge, get to
within a week of completion and then be delayed with all of these
other things. He stated that they are ready and willing to begin
but need the final approval.
Cm Futch stated that perhaps the agreement should be worded "90 days
after approval from the City and Zone 7" and Mr. Watson indicated
that this would be aggreable because they plan to begin immediately
upon receiving approval and we should be starting to get good weather.
Cm Miller stated that he would be interested in knowing how the
Director of Public Works feels about the 90 days if construction
is tied to approval of Zone 7 and Mr. Lee indicated that he feels
the 90 days is a reasonable length of time and doubts that there
will be any trouble in meeting the deadline.
Cm Miller mentioned that if the City does not approve the extension
it will mean that Kissell Company will immediately take out the 104
building permits and those people who have come to the Council about
not having jobs will, in fact, have jobs.
Mr. Watson stated that this is a possibility; however, there is
another possibility - Kissell may say it's not worth it and throw
their chances into litigation.
CM TURNER MOVED TO APPROVE, IN CONCEPT, THE NEGOTIATED SETTLEMENT
THAT HAS BEEN WORKED OUT AND THAT IT WILL APPEAR IN WRITTEN FORM
WITH THE APPROPRIATE RESOLUTION NEXT WEEK, SECONDED BY CM FUTCH
AND PASSED BY UNANIMOUS VOTE.
Mr. Watson stated that in closing he would like to remark that he
has had differences with the staff and Council over the past year
but personally feels the staff should receive a lot of credit for
driving an extremely "hard bargain".
Cm Miller stated that before leaving this subject he would assume
"appurtenances to the bridge" means the approaches and Mr. Parness
indicated this is correct and such will be spelled out explicitly.
REPORT RE SEWER CONN.
AGREE. W!OAKLAND SCAVENGER
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The Council reviewed the matter of the sewer connection agreement
with Oakland Scavenger Company on March 17th and instructed the staff
to modify certain engineering requirements and it is recommended that
a resolution be adopted authorizing execution of the agreement.
Mr. Parness reported that the terms of the proposed agreement have
been written in accordance with the Council's earlier review of the
matter and the staff reluctantly agrees with Oakland Scavenger. The
major concern has been the legal assurance that the access to Wax lax
CM-29-411
April 14, 1975
(Oakland Scavenger Agree.)
Lane would not be possible for Oakland Scavenger and would be taken
care of by dedication to the City of a one foot no access strip
all along the easterly boundary.
Cm Miller stated that he had some trouble following through the chain
of resolutions where each one referred to the last resolution concern-
ing fee structures and dedication requirements in case the properties
are not used for industrial purpose. He stated that he did not seem
to have copies of everything, including relevant codes. It was not
clear that the City is, in fact, covered by the present day fee struc-
ture and present day requirements and would be reluctant to vote for
adoption of the agreement until this has been checked out. He sstated
that he would be willing to vote for it subject to this being checked
out. If the property is transferred to any other non-industrial use
the fee structure and dedication should correspond to those in effect
at the time the property changes classifications.
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The City Attorney commented that it is his opinion that Cm Miller
cannot condition his vote unless the vote is conditioned by all
the members of the Council, and Cm Miller stated that he would
like to see this as a condition that all the members would vote on.
Cm Futch asked Cm Miller to once again clarify the condition which
Cm Miller explained as follows: The property is presently indus-
trial and most of our annexations and dedication conditions do not
apply. If the property does change its use the City should make
sure that when it changes use the fees and dedications appropriate
at that time do apply.
Mayor Pritchard asked if this could be done by stipulation in the
contract and the City Attorney felt this would be no problem.
Cm Miller stated that he would like to submit a resolution authoriz-
ing execution of the agreement, provided that those terms are in the
agreement or will be added to the agreement, AND SO MOVED, SECONDED
BY CM TURNER.
Mr. Parness stated there is one minor contingency - the owner of
Oakland Scavenger has asked be brought to the attention of the Council
and that is that on the southerly quarter of their land that will
abut the extension of Preston, will be undeveloped. The Company
also owns the property directly to the east of that quarter and
they say that if Preston is extended they may wish to join the two
pieces together for some type of industrial use which will front
Preston. If there is a one foot no access strip requirement they
will not be able to do this because the strip would intersect the
two pieces. Mr. Parness has indicated to Oakland Scavenger that
in the event this does occur there would probably be no problem
in a quit claim of the no access strip and with that understanding
they were willing to sign the agreement.
Cm Miller stated the Council would like to encourage industrial
development and there would be no problem in allowing the quit
claim.
Earl Mason, attorney representing the applicant, stated that the
matter of the no access strip was discussed and they would like
to know if this would be a fee title to the City or just a no
access right that can be relinquished - there is a difference in
whether it is deeded or an access strip.
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The City Attorney commented that the City will ask the title company
which method would be satisfactory and indicated that either way
there would be no problem.
CM-29-4l2
April 14, 1975
(Oakland Scavenger)
MOTION PASSED BY UNANIMOUS VOTE.
RESOLUTION 67-75
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A RESOLUTION AUTHORIZING EXECUTION OF AGREE-
MENT (Oakland Scavenger Company)
RES. APPROVING TENTATIVE
TRACT MAP 1597 - SHAHEEN
The Public Works Director reported that the staff was asked to
review the requirement that the developer of Parcel Map 1597 install
a sanitary sewer line on Vasco Road adjacent to the tract. The
developer has asked that this requirement be deleted because they
will not need the line, as they will receive service from another
line presently in the area. The Council has asked for a recommenda-
tion as to waiving this requirement and there has been a similar
situation in which the sanitary sewer line on East Avenue was not
required at the time Wagoner Farms developed. In this case a prece-
dent has been set and there are justifications for not requiring
the line and it is recommended that the Engineering Considerations
be modified to exclude this requirement.
Mr. Lee stated that in addition to the sewer line matter, CmMiller
had asked for information on the water line pressure situation that
came up last time as to whether a looped water system should be
required. The Council asked that the loop be required but did wish
to consider it later. He presented a map of the area and the water
line extension as well as the existing water line, and there was
discussion between the Councilmembers and Mr. Lee concerning the
water pressure.
Mr. Lee noted that the diameter of the lines is 8" which would mean
at least a 20% correction with the proposed loop system. It is
calculated that during peak use periods in the summer the pressure
at the corner of Research Drive and East Avenue would be about 24 psi.
Cm Tirsell wondered if low pressure would affect insurance rates
and Mr. Parness replied that insurance rates are applicable City-wide
and the insurance company does not take into consideration location.
They would enjoy the same rating as any other industrial property
in the City unless there would happen to be severe conditions attached
to it such as reliance upon a water tank in case of fire, or located
five miles away from a fire station.
Cm Futch wondered if the Fire Chief has made a recommendation and
Mr. Lee stated that he has discussed the matter with him and that
Chief Baird would recommend that the City get the highest pressure
possible for that area.
Mayor Pritchard stated that he would like to summarize the discussion:
Basically, the Council is down to two questions - I) the water loop;
and, 2) the sewer line.
Mr. Mason indicated that they have just seen Exhibit B and there
are some other new things brought out that they weren't aware of.
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Mr. Lee explained that Exhibit B is the exhibit of the development
agreement and it encompasses the decisions of the Council made at
the last meeting.
CM TURNER MOVED THAT BASED ON THE RECOMMENDATION OF THE DIRECTOR
OF PUBLIC WORKS, THE SEWER LINE ON VASCO ROAD NOT BE REQUIRED,
SECONDED BY CM FUTCH AND PASSED UNANIMOUSLY.
CM-29-413
April l4, 1975
(Shaheen Development)
CM MILLER MOVED THAT THE LOOP WATER LINE BE REQUIRED, SECONDED
BY CM TIRSELL.
Earl Mason, representing Mr. Shaheen, stated that as he recalls
Mr. Lee mentioned that at the end of Research Drive where the red
line meets Vasco Road, under full pumping actions there would be
1200 gallons per minute. Mr. Lee did not mention that at East
Avenue and Research Drive if someone tries to pump this down to
zero pressure there would be approximately 1600 gpm.
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Mr. Lee explained that it would be approximately 1800 gpm.
Mr. Mason stated that at best it is a poor pressure area and
the capacity will be increased, at the worst corner, up to
1700 gpm - still 2/3 less than what should be there. He ques-
tioned whether the 500 gpm is substantial when it is only 10%
of the total really needed, and what value would really be
gained by requiring the large line.
Cm Futch stated that he does not want to impose unnecessary con-
ditions and added expenses to the developer and in view of the
fact this will not service residential units feels there would
be little chance that there would be loss of life if there were
a fire and for this reason would vote against the motion.
MOTION FAILED 2-3 (Cm Futch, Turner and Pritchard dissenting).
CM FUTCH MOVED THAT THE COUNCIL ADOPT THE CONCEPT OF THE WATER
LINE WITHOUT THE LOOP, SECONDED BY CM TURNER.
Cm Miller stated that Mr. Mason represents the developer of the
property who is interested in not spending money. The people who
are going to live with the fire risk are the people who buy the
properties afterwards and it would seem that the City has some
obligation to help avoid fire risk. Also, approval of the motion
in this form is contrary to the recommendation of the Fire Chief.
For these reasons he cannot support the motion.
Cm Tirsell pointed out also that while there may not be loss of
life involved, industrial fires are very dangerous because of the
materials used in industry that are not found in residential areas.
Mayor Pritchard stated that the point is that the additional 500
gallons may not be significant and a lot of added expense would
be required to raise the pressure from 1200 psi to 1700 psi.
Cm Turner pointed out that if the loop is cut there would still
be water funneling around from the other side but the other point
is that if it is cut at the neck there will not be any pressure
at all and felt the extra cost is not really justified.
Cm Miller felt that with the loop it would mean an increase in
the options available in case of fire.
MOTION PASSED 3-3 (Cm Miller and Tirsell dissenting) .
Mr. Mason stated that until he reviewed Exhibit B he was not
aware that the one foot strip along the Bieber property was to
be dedicated to the City. He stated that if this is to be given I
to the City there should be a benefit district created with the ~
value of the half street and utilities proportional to the use
of the Bieber parcels. He stated that Mr. Bieber is holding out
until all the land around him is developed, the streets and utilities
are put in and then he will get a "free ride".
CM-29-4l4
April 14, 1975
(Shaheen Development)
Mr. Mason suggested that a benefit district be established, arrive
at what proportional costs are contributed to the Bieber piece and
for the staff to set up that amount of money so that when Mr. Bieber
wants to develop he can pay his share back to Mr. Shaheen.
L,
Mr. Lee explained that no access strips are required to be dedicated
to the City and when they are retained by a developer they are called
"spite strips". The best way to protect the developer so that he gets
a reimbursement at such time as adjacent property does benefit, and
Mr. Bieber will, is to form a benefit district. He would suggest that
subject to the concurrence of the City Attorney, the City include a
provision in the subdivision agreement to set up a benefit district
if legally possible.
The City Attorney explained that in order to create a benefit district
in this area it will have to be the proper subject matter of those
things which can be used for benefit districts and does not wish to
render an opinion on that at this time. The whole subject of bene-
fit districts is being researched at this time and the staff is try-
ing to create a mechanism to allow the Council to utilize them. The
mechanism, even though it is provided for in the new Subdivision Act,
is very vague and those who wrote the Subdivision Act don't seem to
know what the mechanism is; therefore it hasn't been decided as to
how it can be done.
Mayor Pritchard asked if the City Attorney is advising that if this
is added to the conditions on the map that it be specified that such
will be done if legally possible and the City Attorney stated it
would have to be worded this way because at this time he is not sure
it is legally possible.
Mayor Pritchard asked if, in this case, there should be wording of
this kind at all and the City Attorney felt this is a policy de-
cision. If the Council wishes to include a benefit district and
it is legally possible then he has no objection to it being in-
cluded as long as the caveat is there - that it be legally approved
and is legal before it is an accomplished fact.
Cm Futch stated that he is not sure this should be in the legal
agreement if it may not be legal because if it isn't legal the
City can't do it. On the other hand we do want some protection
and it would appear the no access strip would offer the protection.
Mr. Mason stated that if there is no formation of a benefit district
there is no way for Mr. Shaheen to recover his money and Cm Futch
stated that he understands this but is sure Mr. Shaheen wouldn't
want the map to be held up until the legalities of a benefit dis-
trict are resolved.
CM TIRSELL MOVED THAT THE COUNCIL ADD THE PROVISION OF THE BENEFIT
DISTRICT TO THE CONDITIONS OF THE MAP, PROVIDING A BENEFIT DISTRICT
CAN LEGALLY BE ESTABLISHED, SECONDED BY CM FUTCH WHICH PASSED BY
UNANIMOUS VOTE.
Prior to the vote Cm Miller stated that he would assume this motion
would not change the fact that the City gets the no access strip,
and was assured that this would not change.
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Cm Miller stated that there is another notice about a benefit dis-
trict having to do with off-site water line installation and if he
understands action just taken by the majority of the Council, this
off-site water line has been deleted and consequently the item about
benefit districts for the water line should be deleted from the
agreement.
CM-29-415
April 14, 1975
(Shaheen Development)
Mr. Mason stated that there is still piece of water line fronting
on Vasco Road between Lot 20 and Lot 13 that will be built and
will be fronting on the Bieber property. This should either
be part of the water benefit district or the benefit district just
approved, if legally possible, which would be the portion of his
costs for Research Drive and the water line on Vasco Road.
Cm Miller stated that since Mr. Shaheen has evaded the cost of
the water line loop he feels the cost of this small piece can
be absorbed by Mr. Shaheen, and is not willing to vote for the
benefit district for the water line. CM MILLER MOVED THAT SUBJECT
TO LEGAL LIMITATIONS, THE SENTENCE AT THE BOTTOM OF PAGE 3 OF THE
CONTRACT BE DELETED. MOTION DIED FOR LACK OF A SECOND.
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Cm Futch stated if he interprets what Cm Miller is saying, the
developer will be penalized because of another action which was
really separate from this action.
Cm Miller stated that he realizes this could be interpreted in
this way but what he is saying is that we do not create benefit
districts for every single off-site thing that is done and feels
it should not be done for the water line. He stated that he can
understand a benefit district for the street work and other things
but not for the water line.
Cm Tirsell wondered if the line for the water could be included
in the other benefit district and Mr. Mason indicated that this
is what he would suggest.
The City Attorney felt if we can get to the benefit district
level we can probably include both.
CM TIRSELL MOVED TO INCLUDE THIS WATER LINE WITH THE OTHER BENE-
FIT DISTRICT, IF LEGALLY POSSIBLE, SECONDED BY CM TURNER AND
PASSED 4-1 (Cm Miller dissenting) .
Mr. Mason stated that he would also like to discuss the access
at the north east corner of Lot 20. He indicated that this was
discussed in the past and it was he and the developer's understand-
ing that the driveway would be 25 ft. wide because this is the width
needed for entering commercial property. During the discussion it
was mentioned that the Ri~hetti piece may have a driveway adjacent
to it along the property line but the map (Exhibit B) shows a 25
ft. wide driveway straddling the property line which leaves only
a 12.5 ft. access for Lot 20. He stated that this is not suffi-
cient for access from a major street for two way ingress and egress.
Mr. Musso stated that this was the recommendation of the P.C. and
he believes the reason was because they envisioned one access.
Cm Turner asked Mr. Lee what his opinion would be concerning the
width and Mr. Lee stated that he would suggest that there be an
additional notation that, in fact, if development occurrs on the
Righetti property that they be allowed a 25 ft. access and at such
time as the Righetti access is completed then it could be narrowed.
They really couldn't operate with a 12.5 ft. width. In other words
Shaheen should be allowed the 25 ft. width until such time as Righetti
develops at which time it would be 25 ft. in the middle for servicing
both properties, SO MOVED BY CM MILLER, SECONDED BY CM TIRSELL AND
PASSED BY UNANIMOUS VOTE. ,
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There was some discussion regarding the requirement for the pull
boxes and Mr. Mason indicated they are very expensive and PG&E
feels it is hard to estimate where they should be placed and that
at this time it is a waste of time and money. It is felt it would
be easier to install the boxes at the time PG&E knows where the load
will be and the location.
CM-29-4l6
April 14, 1975
(Shaheen Development)
Cm Turner stated that in talking with people from PG&E he has found
that most of the time the initial pull boxes are not used. They
are installed and then the service is not needed in that area.
G
CM TURNER MOVED TO DIRECT THE STAFF TO PREPARE AN AGREEMENT NOT
REQUIRING THE PULL BOXES AND THAT THE RESOLUTION BE ADOPTED
SUBJECT TO THE CHANGES MENTIONED THIS EVENING. MOTION WAS SECONDED
BY CM TIRSELL AND PASSED BY UNANIMOUS VOTE.
RESOLUTION NO. 68-75
A RESOLUTION APPROVING TENTATIVE SUBDIVISION
MAP 1597 (Shaheen Industrial Park)
REPORT RE DIRECT
ELECTION OF MAYOR
In response to a request from Cm Turner, the City Attorney reported
on the question of a direct election of mayor. Mr. Logan indicated
that the question must be presented to the voters at either a general
election or a special election called for that specific purpose and
if the voters approve the measure a vacant council seat shall be
designated as that of mayor at the next general election.
Cm Turner stated that he favors direct election of a mayor because
appointment of a mayor by the Council is a very traumatic time and
many times there are hurt feelings because of the selection. He
stated that at one time he felt every member of the Council should
serve as mayor for a year and that they were owed this honor but he
no longer feels that this is owed to them. Also, the mayor is asked
to serve on various committees outside of our own City and it often
takes about six months to fit into the jOb and know the people in
the various organizations and committees and then he may be replaced
by a majority vote of the Council six months later; directly elected
mayor would allow continuity of service. He also felt that if the
mayor is directly elected by the people he would have to be more
responsive to his constituents and this would be in the best interest
of the voters.
Cm Futch stated that often a directly elected mayor is paid a very
high salary and this should be a consideration.
Cm Turner stated that he had not thought about any particular amount
in the way of salary other than what a Councilmember now receives and
felt there should not necessarily be an increase over this amount.
It was mentioned that if a Councilmember runs for the office of
mayor prior to expiration of his term of office and does not win
the vote for mayor, he would still retain his seat on the Council.
L
Cm Miller stated that this matter has been brought up in the past
and he too has thought it over many times. The way our present
system is supposed to work is that a mayor is selected from the
Councilmembers and each of these people have been elected by the
people. The job does rotate and there is the advantage of first
gaining experience as a Councilmember before being selected as mayor;
generally the member with seniority is selected as mayor. Because of
the rotation method no one person has excessive power and because he
is subject to the other Councilmembers he reflects the majority of
the Council and consequently represents the Council and in turn
CM-29-417
April 14, 1975
(Electing Mayor)
the people and the mayor must be sensitive to the composition of
the Council. In our present system political leadership is shared
and it is given by different Councilmen on different issues. One
of the disadvantages of our present system is that sometimes there
are hurt feelings over ~he selection but one of the disadvantages
of the elected mayor is that there is prestige and recognition
associated with being elected as mayor. He stated that in his
opinion a highly qualified person who is unwilling to serve the
Councilmembers because he needs more recognition and prestige is
unfit to hold public office. Anybody who is so "ego centered"
that they are interested in their prestige and recognition and
can serve in the role of mayor is no longer thinking of the citizens.
It has been mentioned in some of the reports that experience else-
where has proven that electing mayors often leads to party politics
in what should be non-partisan offices. The reason is because people
who are ambitious for personal advancement use the elected mayor as
a stepping stone for higher office and with less regard for local
issues and the citizenry. The person who is elected may be com-
pletely inexperienced in any public office or in public respon-
sibility so if they are qualified it is great but if they are
not qualified, everyone is stuck for two years or four years.
If the office is for a two year term people would have to run
for office so often that this would discourage good people. If
the mayor's policy is different than Council policy there is the
possibility of much more dissention than a 3-2 or 4-1 Council.
Any official independent view contrary to the Council majority
is both divisive and gives a poor image to the City. He stated
he would argue that the popularity contest aspect of election
for mayor does not insure a capable leader and does not insure
a program of policy; consequently there is a serious problem if
that person who is elected as mayor does not lead. The political
leadership in a general law city is provided issue by issue by
different councilmembers with their own various ideas and in his
opinion this is more representative, provides greater variety of
ideas than can be provided by a single person who is supposed to
be the elected mayor. The elected mayor concept tends to concen-
trate power in a single person and a gavel happy mayor can stifle
all opposing view because he can't be removed from at the end of
a year. He stated he feels the checks and balances of shared
power are an important protection for minority and majority views
of the Council and to the public. Rotation has the advantage of
keeping everybody "honest". He stated that he feels people are
becoming concerned about concentrating power in one certain per-
son and there are certain aspects and parallels to the office of
the President of the united States. The argument has been made
that there is greater public participation in government if there
is an elected mayor but a mayor can be elected by a tiny plurality.
He pointed out that if a mayor is elected he will be expected to
work half time or full time at which point he would have to be
paid and the cost would be excessive for the results gained, and
also feels that Livermore does not need a half time or full time
mayor. He stated that many people may not have thought about the
fact that if an elected mayor is supposed to spend more time on
the job than the present rotating mayor, then there are only cer-
tain kinds of people who could take this job and it would be
people who could take lots of time off during the day such as
lawyers, real estate people, insurance agents and businessmen
with lots of help which would mean that anyone working regular
hours would be excluded and people working for wages would gen-
erally be excluded because of this fact. In response to Cm
Turner's argument that it takes about six months to get into
an outside job comfortably, this is probably true with respect
to the Mayors' Conference but not so with other agencies.
CM-29-4l8
\~
J
April 14, 1975
(Electing Mayor)
L;
An alternative suggestion might be to have regular substitute
appointments on boards on which the mayor may serve and longevity
or continuity could be attained in this manner, serving for perhaps
two years as a representative of the Council. He stated that all
general law cities have "family squabbles" but this City's squabbles
are publicized. Pleasanton has also had problems the last three
times running and did not receive publicity.
Cm Tirsell stated that she feels many facts need to be pointed out
because many people in town are confused and do not have the bene-
fit of staff reports and information the Council has available.
The Council is facing a vacancy and there is going to be an election
or the Council will make an appointment and the Council at this time
will reorganize and appoint a mayor. The election of mayor issue
will in no way affect the vacancy. The earliest ballot on which
people could state whether or not they wish to elect a mayor would
be on the 1976 ballot and they would not be able to choose a mayor
until 1978 if they wish to choose a mayor. She stated that she is
receiving phone calls from people who are asking if a mayor can be
elected this year.
The City Attorney explained that the measure would not have to wait
until 1976 if the Council would decide to call a special election
for the purpose of asking the public if they wish to vote for a mayor.
Mayor Pritchard stated that if the Council calls for an election to
fill his vacancy (new Councilmember) the question of whether a mayor
sould be elected by the people could be placed on the ballot at this
time and in 1976 a mayor could be electea.
Cm Tirsell stated that since the issue of an elected mayor does not
face this Council and for this reason if there is a vote on the issue
she will abstain from a vote. She would recommend that the Council
set the item for discussion on December I, 1975, so that if there
is an election for a new Councilmember there will be time for con-
sideration of elected mayor, and if there is an appointment that
person will have time for consideration, and indicated that this
is not the proper Council to discuss the item but rather the newly
constituted Council.
c
Mayor pritchard stated that until he resigns from office at the
end of April he has the right to discuss and vote on this item
and because of the fact he has been on the Council for five years
feels that he is in a good position to help make such a decision.
Cm Futch stated that the report from the City Manager on this item
was very good and would like to comment that in this report there
were quotations from r1r. Howard Gardner, Associate Director of the
League of California Cities for many years, and his concerns re-
garding elected mayor. Mr. Gardner states that the basic problem
would be the possible dissention which might develop between the
mayor and the other members of the City Council. At present,
the mayor serves at the pleasure of their colleagues, and by
a majority vote be appointed mayor but with less votes may
return to the position as Councilmember. A mayor elected for
a four year term may serve without regard to the support or
lack of support from other members of the City Council and it
is entirely possible that a mayor could serve a four year term
with the entire Council in opposition to his ideas and points
of view. Cm Futch stated that the Council might establish a
policy that would be potentially disruptive and that this City
already has a tendency towards such and it would be a mistake
to try to enhance disruptive tendencies. Where there is the
council-manager form of government it is possible that an
CM-29-419
April 14, 1975
(Electing Mayor)
elected mayor might feel that the City Manager should be responsible
to provide him with information about the City on a different basis
than would be provided for other Councilmembers. Mr. Parness has
indicated that whether it is admitted or not, anyone who is interested
enough in local government to be elected to the City Council, more
than likely would relish the honor of assuming the Mayor's chair
for at least one year. Cm Futch stated that as he recalls Mayor
Pritchard indicated to the Council a number of times that he would
probably not be interested in serving as Mayor for an additional
term and left the Council with some doubt as to whether Mayor
Pritchard would accept.
,/---
J
Mayor Pritchard commented that he has never precluded the possibility
of taking this second term, which has been customary on the Council,
and it is not true that he indicated to the Council on a number
of occasions that he would not be interested in serving a second
term.
Cm Futch stated that it has been particularly difficult to reorganize
the Council because of the strong personalities that exist on this
particular Council and it is once again time to reorganize in just
one month since the last reorganization. However, election of a
mayor will not solve the problems but rather will substitute one
set of problems for another set of problems. He stated that he
feels the Council has met the enemy and "it is us". He stated that
at this particular time the Council is under a strain and with the
difficult time and conditions this is not an issue to be decided at
this meeting. He stated that in his opinion a strictly rotation
system for selection of mayor would be the most fair and best
policy.
Mayor Pritchard stated that with five council seats for four years
the rotation policy really wouldn't be feasible because mathemati-
cally it could never be accomplished. He added that in the six
years he has been with the Council and during the six years, with
the exception of one occasion, there was a fight during the time
of Council reorganization.
Cm Turner stated that he would like to state a point of order in
that he has asked that there be discussion concerning direct election
of mayor and not the Councilmembers feelings.
Mayor pritchard and the majority of the Council indicated that
their feelings play a very important part in making the decision
and that hard feelings on the part of the Councilor dissention
among the members disrupts the efficiency of the Council for some
months after the reorganization and in Mayor pritchard's opinion
every time this takes place the rift is really never healed. He
felt that his opinion about who might wish to run for mayor is
contrary to that of Cm Miller in that the job is so time consuming
that he doubts if a businessman would want to devote the time neces-
sary and to be away from his own business as much as is necessary.
He added that he feels the job is certainly not a full time job
but is more than half time. In his case he sometimes spends 80-
90% of his time at his place of business on Council business where
a person working at the Lab would have to go through switchboards
and would be somewhat insulated from the public and perhaps this
would be desirable. Mayor Pritchard stated that in his opinion
everything said about a bad mayor elected by the public is no differ-
ent than a bad councilmember and what can be done to get rid of
someone on the Council who is not responsive to the public or not~/
operating efficiently. He stated that it would be just as difficult
to remove a Councilmember as it would to have an elected mayor
removed. He felt that the arguments against direct election are
all very good but the public is very good at discerning about what
is right and not right and if this is the case if the Council puts
the question to the ballot there will be ample opportunity for
arguments for or against the proposal.
CM-29-420
April 14, 1975
(Electing Mayor)
Cm Tu:ner stated that in summarizing the arguments against direct
elect10n the one point that seems to be emphasized is the feeling
that an elected mayor would be a dictator which is something he
cannot accept. He stated that he has talked with other officials
who had elected mayors and there were no problems.
~/
CM TURNER MOVED THAT THIS ITEM BE PLACED ON THE BALLOT DURING THE
NEXT MUNICIPAL ELECTION IN 1976, WITH THE LEGAL WORDING NOTED BY
THE CITY ATTORNEY AND THAT IF THERE IS AN ELECTION TO FILL THE
VACANCY OF COUNCILMEMBER AFTER APRIL 28, 1975, THE MEASURE BE
PLACED ON THE BALLOT AT THAT TIME. MOTION SECONDED BY MAYOR
PRITCHARD.
Richard Gower, 1450 Helsinki, stated that the matter of direct
election of mayor has been broached before, the issue has been
well spoken and he commented that he appreciates the lesson he
received in politics this evening by Cm Miller. He stated that
he did not realize there were so many ramifications in mayorship.
He stated that anytime someone is passed over or not chosen for
a second term when they wish to be selected, naturally there will
be ill feelings throughout the Council regardless of the size of
the group. The one thing the people of the City want, in talking
with people and conducting surveys, is direct election of a mayor.
The reason for this desire is to stop the problem that has existed
in the way of "petty bickering" behind the lines and the hurt feel-
ings. He stated that these things are concerns of the Council but
the main concern should be what the people want. He also felt it
would not be difficult to recall an elected mayor or even a Council-
member.
Pat Goard, 876 Geraldine Street, stated that she had not intended
to speak but was a little upset with what Cm Miller had said about
needing experience as a Councilmember prior to becoming mayor. She
stated that if this were true it could be extended further to mean
that one couldn't be President of the united States unless he had
served on the Senate, and that the Senate would be the only respon-
sible people to select the President. She stated that this idea
is destroying the American dream of being able to serve in an
elected position.
Cm Miller stated that he made the argument that he feels exper-
ience is important and there certainly is a difference in a
legislative office and an executive office and realizes that
one cannot have experience as a President of the united States
before he is elected to the office.
Ed Wise, 2664 Kelly Street, stated that he feels the Council is
too intimate Iv involved in this matter because obviously there
is prestige in having the mayor's chair and the vote would
reflect self interest. He felt this matter should be put to
the vote of the people and take the matter from the hands of
those with a self interest.
l
Cm Miller stated that if there is an elected mayor of Livermore
it is not clear that he would still be serving on the Council;
therefore, the decision will not affect him directly and he
is not arguing for his sake but rather from experience and what
he feels is best. He stated that if this is really a major issue
that the public is concerned about then there is always the possi-
bility of a perfectly legal initiative petition and if the public
would like to get the required number of signatures for this to
be placed on the ballot he would be fully in favor of the election.
CM-29-421
April 14, 1975
(Electing Mayor)
Cm Miller continued to say that without such an initiative petition,
in his judgment serving 7 years on the Council, we shouldn't do it.
He would encourage those in favor of an elected mayor to start an
initiative petition for such a measure to be placed on the ballot.
He stated that he is speaking about a legal initiative petition
and not an attempt at a petition without legal validity.
Paul Tull, 2243 Linden Street, stated that 5~ years ago Cm Miller
was quiet on the subject on direct election of mayor and today
presents an excellect argument against such an election. At that
time Mayor Shirley felt it was an idea that is basically good and
has a lot of merit and people would have more of a sense of direc-
tion. He stated that he agrees completely with the procedure that
is presently being followed and feels it entirely unnecessary to
go to the expense of placing this on the ballot.
,,~--""
.~
Cm Tirsell stated once again, for the record, that this has nothing
to do with the vacancy to be filled at the end of this month and
would abstain from the vote.
MOTION FAILED BY A 2-2 VOTE WITH CM TIRSELL ABSTAINING AND CM MILLER
AND FUTCH DISSENTING.
RECESS
Mayor Pritchard called for a brief recess after which the Council
meeting resumed with Mayor pro tempore Turner presiding and Mayor
Pritchard absent.
Prior to the recess Ray Faltings asked that the Council review
new business items on the agenda and determine which are most
important so that the public may speak on some of the items and
that because of the late hour the others he postponed.
REPORT RE
INSURANCE RENEWAL
The City Manager reported that by authorization of the City Council
our insurance agent was allowed to negotiate a renewal of our com-
prehensive liability insurance coverage and certain miscellaneous
policies as well, primarily due to our likely inability to receive
competitive bids resulting from market conditions. Regrettably it
will be noted that the new premium for comprehensive liability,
inclusive of the umbrella coverage, has risen from the current
premium of $51,393 to approximately $71,403.
Gene Morgan, broker for the City, stated that the Finance Director
has requested approximately $3,000 for a consultant firm to do an
analysis and then come back with a recommendation and Mr. Morgan
would certainly concur with this approach. He stated that the
usual procedure would be to hire the consultants to begin around
August or September so there is time to analyze the program so that
there is ample time to go to bid.
CM FUTCH MOVED TO APPROVE HIRING CONSULTANTS, SECONDED BY CM TIRSELL
AND PASSED BY UNANIMOUS 'TOTE.
REPORT RE ROUTE 84
PROPERTY ACQUISITION
.-.-/
The City Manager reported that the City and County have jointly
appealed to the State Highway Commission for financial participa-
tion in acquiring 19 acres of property owned by H. C. Elliott in
CM-29-422
~
c
April 14, 1975
(Acquisition of Elliott
property for Route 84)
Tract 3333, for highway route purposes. The State Highway Com-
mission has denied financial participation but did agree to retain
the route if the property could be acquired by the City and/or
County. The Cal-Trans staff believes this implies that a highway
would be constructed. In discussing the item with Supervisor
Murphy it is possible that the County may participate financially
with the City in acquiring the property if a formal request is
transmitted. It is requested that a resolution be adopted authoriz-
ing appraisal of the property and a resolution requesting financial
assistance from the County based on a 55%-45% formula. The staff
estimates that the cost to the City under this division would be
about $62,000 and $51,000 to the County.
CM FUTCH MOVED TO ADOPT THE TWO RESOLUTIONS, AS RECOMMENDED,
SECONDED BY CM TIRSELL WHICH PASSED BY UNANIMOUS VOTE.
RESOLUTION NO. 69-75
A RESOLUTION AUTHORIZING APPRAISAL FOR POR-
TION OF TRACT 3333: FUTURE ISABEL FREEWAY
RESOLUTION NO. 70-75
A RESOLUTION REQUESTING JOINT PURCHASE PROPERTY
W/COUNTY OF ALAMEDA (PORTION OF TRACT 3333:
FUTURE ISABEL FREEWAY)
REPORT RE SALARY
NEGOTIATIONS
The City Manager reported that of the four municipal employees
associations, three have contractual provisions which extend through
the 1975-76 fiscal year. Of these only one, the Municipal Employ-
ees Association for Negotiation which includes the clerical and
technical employees, provides for wage renegotiations in the event
the cost-of-living index increase exceeds 7%. The other organi-
zations are limited to their contract terms for an additional year.
Official reports received by the City indicate that the Consumers
Price Index for the San Francisco Bay Area from 12/73 to 12/74 in-
creased 12.55% and figures are not available for the increase from
3/74 to 3/75 but from 3/74 to 12/74 the increase was 9.36%. It is
assumed that the annual rate will be in excess of 12%. It is recom-
mended that the Council authorize staff renegotiations of the labor
contracts of all the employee organizations that are subject to
fixed wage adjustments for the next fiscal year with the exception
of the Fire Department who will be allowed an adjustment by con-
tract in July 1975.
CM TIRSEI.L MOVED TO ADOPT THE RECOMMENDATION OF THE CITY MANAGER,
SECONDED BY CM MILLER.
Ray Faltings, 1018 Via Granada, stated that inasmuch as the public
does not receive the agenda and does not know the full cononotation
of what is being proposed and inasmuch as any salary negotiations
will ultimately be reflected in the tax rate for the community, he
feels that at this particular time a very strenuous detailed look
be instituted. He stated that it appears that if the previous salary
negotiations were entered into in good faith that those contracts
should be maintained until the normal renegotiation time. He added
that everyone realizes there has been an increase in the cost of
living but this is also true for those people who are on a fixed
income and asked that this be considered.
CM-29-423
April l4, 1975
(Salary Negotiations)
Cm Tirsell stated that some of the contracts were negotiated prior
to experiencing the high rate of inflation and if we do not take
into account the escalated cost of living increases, year by year,
it means that when the contract is due this will have to be made up
because these people are made to suffer under vastly increased costs
of living if it is not considered yearly, and this would have to
be taken into consideration as well as salary increases. This could
mean a budget that is sorely out of balance in favor of one parti-
cular contract at that time.
,~
Mr. Faltings stated that he would like to point out that the second
largest employer in Livermore has never had a cost of living increase
in any of its salary negotiations with its employees and at the same
organization, salaries have not been raised to keep up with the cost
of living. t~en cost of living increases have been 12% the salary
increases have been 3% and 4% and these people are taxpayers within
this community and are living under these hardships and he is request-
ing that the City equate any renegotiations to the increases that have
taken place in this community, of the working people in this community.
It should be taken into consideration that there are people in this
community who are on fixed salaries and if the cost of living rises
12% it does not necessarily mean that an increase should automatically
be granted for City employees for this same amount. We are all in the
same boat and there comes a time when taxes cannot be increased with-
out people losing their homes because of it. There are times when
the City should say no, and there are times when we all need to "bite
the bullet" and not just a few. Even if there is not an increase in
taxes people realize an automatic increase with the increase in the
assessed valuation.
Ed Wise, 2664 Kelly Street, unemploYment and taxes are at an all time
high and to grant such an increase might have some bearing on other
negotiations going on such as the demand by the teachers at this time
for what might be considered outrageous demands. He stated that if
the cost of living went down the various employee organizations cer-
tainly would not allow the Council to renegotiate and drop their wages.
He would also like to point out that even though the cost of living
has risen 12% none of the City employees are living in poverty nor
are they unable to support their families. They may have to decrease
some of their standards of living but he indicated that he has also
had to decrease his standards and that he is on a fixed income because
he is retired. He felt that in times such as this everyone should
cut down and "bite the bullet". When revenue is lacking and wages
are increased when it is not necessary it just increases problems.
If the City has money enough to increase salaries when an increase
is not justified, the first thing that should be done with this money
is to put it to use to decrease property taxes.
Cm Miller stated that this is an item of a balance of equity and
whether the Council should consider the equity of the taxpayers
who may be on fixed incomes, vs. the equity to the City employees.
It is very difficult to draw the line on what is equitable and open-
ing up for negotiations does not necessarily mean an automatic 12%
increase. When a 5% cost of living has been anticipated or con-
sidered in negotiations and then the cost of living turns out to
be 12% or 14% and employees are locked into the 5%, it seems to be
inequitable not to at least consider this difference.
Mr. Wise stated that it is true a 12% increase was not anticipated;
however, nobody expected the inflation that we have been living with
but everybody is, in fact, living with it and the hardships associated
with it. He would have to point out that if people are not starving
or living in poverty they should also have to endure some of the hard-
ship and that taxpayers should not be asked to pay more when money is
tight, taxes are high and unemployment is high.
,J
THE MOTION TO ALLOW SALARY NEGOTIATIONS PASSED BY UNANIMOUS VOTE.
(Mayor Pritchard absent)
CM-29-424
April l4, 1975
CONTINUATION
OF AGENDA ITE~1S
~/
Item 6.4, (Olivina/Murrieta Intersection), 6.8 (Grade Separation
Landscap1ng) and 6.10 (Valley Memorial Hospital Expansion)
was continued to April 2lst on MOTION OF CM TURNER, SECONDED BY CM
TIRSELL AND BY UNANIMOUS VOTE.
P.C. MINUTES
The Planning Commission minutes for the meetings of March 18th and
April lst were noted for filing.
RATE INCREASE -
CALIF WATER SERVo
Notification was received from California Water Service Company
concerning a rate increase application to the PUC. The proposed
rate increase would result in domestic rates almost exactly equiva-
lent to the City's rates.
REPORT RE PORTOLA
AVE. TRUCK PARKING
In response to complaints about trucks parking on portola Avenue
the County has responded by indicating that with the concurrence
of the City Mr. Crowle, Director of Public Works, will recommend
to the Board of Supervisors that a traffic regulation be adopted
to prohibit parking of vehicles over 20 ft. in length on both
sides of portola Avenue between Murrieta Boulevard and North "L"
Street in order to allow for commuter parking for the BART bus
people in this area.
CM MILLER MOVED TO AUTHORIZE THE CITY MANAGER TO NOTIFY THE COUNTY
OF THE CITY'S CONCURRENCE WITH THE PARKING REGULATIONS MENTIONED,
SECONDED BY CM TIRSELL AND PASSED BY UNANIMOUS VOTE (Mayor Pritchard
absent) .
REPORT RE AB 188
A report concerning AB 188 was submitted to the Council by Mr. Street
and ON MOTION OF CM MILLER, SECONDED BY CM TIRSELL AND BY UNANIMOUS
VOTE (Mayor Pritchard absent) THE COUNCIL OPPOSED AB 188.
ORD. RE CORPUS
ORDINANCE
Cm Miller stated that our own version of the CORPUS (Criminal
Oriented ReCODds Production Unified System) Ordinance does not
have the wording "willful and malicious" and MOVED THAT THE
ORDINANCE BE ADOPTED WITH THE WORDING THE COUNCIL HAS SUGGESTED,
AS IT IS PRESENTLY WRITTEN, SECONDED BY CM TIRSELL AND PASSED
BY UNANIMOUS VOTE.
,/.
ORDINANCE NO. 862
\~.
AN ORDINANCE AMENDING CHAPTER 14, RELATING
TO MISCELLANEOUS OFFENSES, OF THE LIVERMORE
CITY CODE, 1959, BY THE ADDITION THERETO OF
A NEW SECTION, SECTION 14.25, RELATING TO
SECURITY OF CERTAIN POLICE RECORDS (CORPUS).
CM-29-425
April 14, 1975
ADJOURNMENT
Mayor pro tempore Turner adjourned the meeting at 12:20 a.m. to
an executive session. The meeting was reconvened and adjourned
at 12:30 a.m. to a 6:00 p.m. meeting on Monday April 21, 1975, in
the conference~Room City Hall, 2250 First Street, Livermore.
APPROVE ~_~
Mayor
"
, , ~
'. ~...' /" /"...."" / II /
i
City Clerk
i/ Livermore, California
J
/'
ATTEST
( -'~U<-f,
Regular Adjourned Meeting of April 21, 1975
An adjourned regular meeting of the City Council of the City of
Livermore was held on April 21, 1975, on Monday, at 6:00 p.m.
in the Conference Room, City Hall, 2250 First Street, Livermore,
called to order by Mayor pro tempore Turne~ and immediately
adjourned.
.~
..I^A..t...I.~
May r Pro Tempore
, ~
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APPROVE
ATTEST
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CM-29-426
Regular Meeting of April 21, 1975
A regular meeting of the Council of the City of Livermore
was held on April 21, 1975, in the Municipal Court Chambers,
39 South Livermore Avenue. The meeting was called to order
at 8:10 p.m. with Mayor pro tempore Turner presiding.
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ROLL CALL
Present: Cm Turner, Miller and Futch
Absent: Mayor Pritchard and Cm Tirsell
PLEDGE OF ALLEGIANCE
Mayor pro tempore Turner led the Councilmembers as well as those
present in the audience, in the Pledge of Allegiance.
PROCLAMATION
Mayor pro tempore Turner read a proclamation to officially designate
the week of April 20th through 26th, 1975, Volunteer Recognition Week.
Various volunteers from the community were introduced and pictures
were taken by members of the press.
MINUTES
April 7, 1975
The following correction was made on Page 389, 5th paragraph,
line 4: Engineering Construction Index rather than Engineering
Specifications.
ON MOTION OF CM FUTCH, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE,
THE MINUTES FOR THE MEETING OF APRIL 7, 1975, WERE APPROVED AS
CORRECTED.
OPEN FORUM
(Council Vacancy)
Jim Saddler, President of the Rhonewood Homeowners Association,
read a letter prepared by the Association recommending an election
to fill the upcoming vacancy on the Council and also to endorse
the proposal to hold an election to choose someone for the office
of mayor. Mr. Saddler then made comments relative to this issue
on the basis of his own opinion and as a voter of the community.
He stated that he feels the citizens of Livermore have the right
to elect a mayor and that such a selection should not be done by
the majority of the Council; however, since this vacancy is not
for the purpose of selecting a mayor he does not want to make fur-
ther comments concerning electing a mayor at this time.
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Tom Raison, 5244 Kathy Way, stated that he, for one, feels that
Mayor Pritchard has done an outstanding job as the Mayor for
Livermore and is very sorry to see him leave. He stated that he
1 f 1 't is not. necessary to have an election to fill the,
a SO ee S 1 and has confidence in the city counc1~
vacancy left by the Mayor this Council is an excellent counc~l
to fill the vacancy ~nd that, b At present we have budgetary
and is capable of do~ng the JO . -k' for a raise and one way
. h c'tv employees are as ~ng f n
problems and t e ~ .... ld be not to spend money or a
in which money could be saved wou e are complaining about the
election. He added that man~ peo~l ro;ect but will one day thank
b' spent for the ra~lroa p,
money e~n? letion of the project.
this counc~l for comp
CM-30-l
April 21, 1975
PUBLIC HEARING RE
~VEED ABATEMENT
A public hearing has been set for the purpose of hearing public
protests to notification, by posting and letter, for ababement
of weeds, rubbish, etc. This is an annual City program and it
is recommended that a resolution be adopted ordering abatement
of weeds which have not been cleared.
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Mayor pro tempore Turner opened the public hearing.
Dale Holding, 285 Jensen Street, representing the Sea Scouts,
stated that Captain McLeod has allowed the Scouts to meet at his
home located at 1932 Fourth Street at no charge to the Scouts if
they keep the weeds removed. He stated that he felt they were
doing a good job but Captain McLeod received a copy of the notice
that weeds must be abated on that site and he has asked that the
Scouts take care of the matter immediately because Captain McLeod
was assessed by the City to clear weeds last year. He stated that
he would like to know who to contact to see if the job has been
done to the satisfaction of the City and also would like to see
Captain McLeod reimbursed for the assessment for last year.
Mr. Holding was told to contact the Fire Department concerning
his questions because they are in charge of the program.
CM MILLER MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY CM FUTCH
'NHICH PASSED BY UNANIMOUS VOTE.
CM FUTCH MOVED TO ADOPT THE RESOLUTION ORDERING ABATEMENT OF
SUBJECT NUISANCE, SECONDED BY CM MILLER AND PASSED UNANIMOUSLY.
RESOLUTION NO. 71-75
A RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC
NUISANCE AND DIRECTING THE SUPERINTENDENT OF
STREETS TO CAUSE SAID PUBLIC NUISANCE TO BE ABATED.
CONSENT CALENDAR
Resolution re Shed
for Recycling Center
The City Council has authorized purchase of a metal shelter for
storage of equipment used for the Recycling Center and it is
recommended that a resolution authorizing the purchase be adopted..
RESOLUTION NO. 72-75
A RESOLUTION AUTHORIZING THE PURCHASE
OF A STORAGE SHED
Res. of Appointments
The following resolutions were adopted appointing members to
committees.
RESOLUTION NO. 73-75
A RESOLUTION APPOINTING MEMBER TO
BEAUTIFICATION CO~~1ITTEE (Patricia Reich)
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CM-30-2
April 21, 1975
RESOLUTION NO. 74-75
A RESOLUTION APPOINTING MEMBER TO CITI-
ZENS TRANSPORTATION ADVISORY COMMITTEE
(Joan Stark)
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Res. Rejecting Claim
Our insurance carrier has recommended that the following claims be
rejected:
RESOLUTION NO. 75-75
A RESOLUTION REJECTING THE CLAIM OF
MARCELLES ROBRAHN
RESOLUTION NO. 76-75
A RESOLUTION REJECTING THE CLAIM OF
MARY E. ROBRAHN
RESOLUTION NO. 77-75
A RESOLUTION REJECTING THE CLAIM OF
MARY E. ROBRAHN
Res. Auth. Amend. to
Medeiros Parkway App.
The state has informed the City that a mathematical error has been
made in listing the amount for the Medeiros Parkway project grant.
The agreement changes the project surcharge which is supposed to be
2% of project cost. The surcharge was listed at $1,266 and should be
$2,533. It is recommended that a resolution be adopted allowing the
change in the estimate.
RESOLUTION NO. 78-75
A RESOLUTION AUTHORIZING AMENDMENT TO
MEDEIROS PARKWAY ACQUISITION PROJECT
UNDER LAND AND WATER CONSERVATION FUND
PROGRAM.
Res. Auth. Purchase
of Lighting Fixtures
A report was submitted to the Council from the Purchasing Agent for
the City of Livermore indicating that the City does not purchase
an excessive amount of lamps during a year but we cannot overlook
the overall discount of 72% offered by the state. It is recommended
that the Council authorize a resolution authorizing General Services
of the State of California to purchase certain items.
RESOLUTION NO. 79-75
A RESOLUTION AUTHORIZING THE DEPARTMENT
OF GENERAL SERVICES OF THE STATE OF CALIF-
ORNIA TO PURCHASE CERTAIN ITEMS.
CM-30-3
",.
April 21, 1975
Res. Requesting
Street Closure
(Rodeo Parade)
It has been recommended that the Council adopt a resolution
requesting the Division of Highways for permission to permit
street closure for the Rodeo Parade, June 7, 1975.
RESOLUTION NO. 80-75
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A RESOLUTION REQUESTING DIVISION OF HIGHWAYS
FOR PERMISSION TO USE A PORTION OF STATE HIGH-
WAY 84 AS THE ROUTE FOR THE LIVERMORE RODEO
PARADE BETWEEN 9:30 A.M. and 12:30 P.M. ON
JUNE 7, 1975.
MTC Report re
AB 664
A report was received from the Metropolitan Transportation Commis-
sion concerning AB 664 and asking for Council endorsement of the
Bill. The staff has recommended that the Council adopt a motion
supporting AB 664.
Payroll & Claims
There were 86 claims in the amount of $30,729.25, dated April 14,
1975, approved by the City Manager.
Ray Faltings asked what the police bail money that is being paid
to other municipalities in Alameda County are for and Mr. Parness
explained that these are warrant monies collectable by our City
for warrants that are issued and served here. We collect them,
put on deposit through our treasury and then in turn we have to
pay them back. Mr. Parness explained that other cities do the
same for us.
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM MILLER, SECONDED BY CM FUTCH AND BY UNANIMOUS
VOTE THE CONSENT CALENDAR WAS APPROVED.
~mTTERS INITIATED
BY THE STAFF
(-~ Hearing)
M~~~ness reported that one of the/~1fi'hearingS to be held in
the Valley will take place on April 24th at 8:00 p.m. in the
Kaiser Center Auditorium in Oakland, for a presentation of the
final report of the BART extension study. This is a very com-
prehensive, long, and costly study that was done on our behalf
under the auspices of BART and MTC for the possible extension of
rail line service to the Valley and its extension throughout the
valley community. Some of the considerations given to this item
will be the possible continued use of bus service or perhaps a
modification. This is an important hearing and he hopes the Council --/
will be able to attend the hearing.
C~1-30-4
April 21, 1975
MATTERS INITIATED
BY COUNCILMEMBERS
(State Water Resources
Control Board Meeting)
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Cm Futch stated that he has prepared the letters to be sent to the
EPA and the State Water Resources Control Board and MOVED THAT THE
COUNCIL APPROVE SUBMITTAL OF THESE LETTERS AND THAT SOMEONE ATTEND
THE MAY 12TH MEETING, SECONDED BY CM MILLER. MOTION PASSED UNANIMOUSLY.
Cm Futch commented that in the last paragraph it mentions the Liver-
more City Council would urge the EPA and State Water Quality Control
Board to consider the funding of additional capacity in critical
air basins for specific purposes which would lead to a balanced
communi ty, after comprehensive planning has shown tha't the affect
on air quality of larger populations could be mitigated by decreas-
ing the amount of travel through provision of additonal commercial
and industrial capacity. He stated that he would like to ask if
the staff could work out a plan to see if this is possible so that
the City could apply for expansion of the sewer plant for specific
purposes.
Cm Miller suggested that our SMOG Committee also consider this
problem because the items are certainly connected.
Cm Miller stated he will try to prepare a statement for the State
Board hearing on the 12th and try to get the statement to the Council
on the meeting prior to the 12th for Council review and comment.
(Corps of Engineers
Meeting - Washington D.C.)
Cm Futch stated that the House Subcommittee intends to have meetings
on April 28th and 29th concerning the proposed study by the Corps of
Engineers, and the meetings will take place in Washington, D.C.
Mr. Parness stated that just today he has received notice that a
hearing will be held on the 28th and Congressman Stark, on our
behalf, has reserved a presentation time of five minutes at 3:00 p.m.
on this date. Mr. Parness stated that the Committee would like to
have written statements distributed to them at the time of the hearing
but the Senate requires the written statement in advance, and summar-
ized in the presentation.
CM MILLER STATED THAT THIS ITEM IS EXTREMELY IMPORTANT AND WOULD
MOVE THAT THE COUNCIL SEND C~1 FUTCH TO THE HEARING AS OUR REPRE-
SENTATIVE TO TESTIFY AT THIS HEARING, SECONDED BY MAYOR PRO TEMPORE
TURNER AND PASSED BY UNANIMOUS VOTE.
Cm Miller stated that he understands that the Corps of Engineers
is already involved in a flood plain study for this area and
Mr. Parness replied that this is true.
(Agendas for LARPD)
Cm Miller stated that LARPD has indicated that they send our
Councilrnembers copies of their agenda and they feel the City should
return this favor. The City Clerk indicated that she did not realize
the Councilmembers received the agenda from them.
CM MILLER MOVED THAT THE CITY SEND IJARPD THE AGENDAS, AS A COURTESY,
SECONDED BY CM FUTCH WHICH PASSED BY UNANIMOUS VOTE.
CM-30-5
April 21, 1975
(Geldermann Proposal)
Cm Miller stated that he feels the ABAG Executive Committee,
Regional Planning Committee and Staff have done a thorough and
careful as well as well-reasoned study concerning the implica-
tions of the Geldermann project on the region, the environment
and interconnection with regional issues. It would seem that
the City of Livermore should send a letter to ABAG expressing
our appreciation for this careful and thorough study.
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Mr. Parness replied that he has taken the liberty of doing
this, with the exception of a letter to Suzanne Wilson, Chair-
man of the Regional Planning Committee, and will be happy to
write to her also.
(Mayors Conference
Representative)
Cm Miller stated that the City of Livermore needs to designate
an alternate representative, in writing, for the Mayors Con-
ference and that this is coming up next month. Also, the
nominating committee is going to appoint someone to BASSA
and an alternate for LAFCO and it seems that it would be
important for Livermore to have some input as to the appoint-
ment to BASSA and LAFCO alternate. He stated it is about
time someone from the Valley is appointed to LAFCO and
someone somewhat more sensitive to the interaction of sewer
problems and air quality be appointed to BASSA to replace
Jack Maltester. Cm Miller stated that he would suggest
that the Mayor and Mayor tempore discuss the best way to
go about reaching the nominating committee and the rest of
the Council can think about people to suggest as nominees.
(Senior Citizen
Funding for 1975)
Cm Turner stated that Lillian Snorf has contacted him to ask
if the Council would contact ACAP concerning Senior Citizen
Program funding for 1975 under the Senior Service Center
Program. Apparently the ACAP people are meeting on Thursday
and she has asked that a letter be sent to them by this time.
CM FUTCH MOVED TO DIRECT THE CITY MANAGER TO SEND THE LETTER
TO ACAP, SECONDED BY CM MILLER AND PASSED BY UNANIMOUS VOTE.
(Resignation of
Mayor - Press Release)
Mayor pro tempore Turner asked the newspapers to point out,
in detail, what is going to take place after April 28th,
the effective date of the resignation of Hayor Pritchard.
He stated that he has received numerous calls from people
who do not know what is happening and that people are con-
fused because the Council has been discussing direct election
of a mayor. The City Attorney will be able to answer questions
reporters might have with respect to the procedure and replace-
ment of Mayor Pritchard.
(Appointments)
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Mayor pro tempore Turner stated that he feels the appointments
should be completed next week and asked the City Clerk to make
a list of the available people.
Cm Futch stated he will not be here on April 28th and it was
concluded that discussion of appointments will take place May 5.
CM-30-6
April 21, 1975
COMMUNICATION REQUESTING
BLDG. PEro~IT FEE WAIVER
G
Earl Rasmussen has requested that the City allow him to rebuild his
business and waive all building permit and building fees. He is
one of the people who has had to relocate because of the railroad
project and the settlement concerning his property is still in
litigation. (See later discussion during this meeting concerning
this item.)
The City Council asked Mr. Parness to respond, in writing, to
Mr. Rasmussen concerning this item.
COMMUNICATION RE
PURCHASE AWARDS
The Livermore Cultural Arts Council is sponsoring the seventh
annual Festival of the Arts on October 3rd, 4th, and 5th, and
requests that the City again purchase two $150 awards.
ON MOTION OF CM MILLER, SECONDED BY CM FUTCH AND BY UNANIMOUS
VOTE, THE COUNCIL APPROVED PURCHASE OF TWO $150 AWARDS.
P. C. RECOMMENDATION
RE BUDGET CONSIDERATION
The Planning Commission has recommended that the Planning Commissioner
monthly salary of $50 be eliminated and that each Commissioner be
reimbursed a flat $100 per month for expenses incurred in the per-
formance of official duties for the City; that the budget provide
for five P.C. to attend the Annual League of California Cities
Planning Officials Institute in San Diego in July; and that the P.C.
waive their rights to reimbursements for expenses with the excep-
tion of the League Conference and major conferences.
Cm Miller suggested that this item be set aside until budget time,
with which the Council concurred.
Cm Futch mentioned that the $50 the Commissioners now receive was
really not meant to be a salary for the job but rather reimburse-
ment for gasoline expenses, etc.
STATUS REPORT RE
HCDA APPLICATION
A status report concernig the Housing and Community Development Act
application was submitted to the Council by the Alameda County
Planning Director.
The report was informational and required no action on the part
of the City Council.
COMMUNICATION RE
CURBSIDE DELIVERY
Letters of response to the curbside mail delivery problem, were
received from Windol M. Martin, Director, Delivery Division of
the Western Region, United States Postal Service, and from Senator
Alan Cranston.
Mr. Martin has indicated that the city delivery policy is a nation-
wide policy and is not optional with local postal authorities. The
policy is one of economics.
Senator Cranston stated that in reviewing this problem it would
appear that requiring the Post Office to deliver to new residen-
tial homes would mean a rise in postal costs and at this time
can offer no solution to the problem.
CM-30-7
April 21, 1975
(Curbside Delivery)
Cm Miller stated that he is really disappointed with the re~
sponse from Senator Cranston and would suggest that the City
contact Senator Tunney. He added that the Post Office intends
to increase rates for first class mail anyway and it is grossly
unfair for people with new homes not to be able to receive service
at their door.
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Mr. Parness stated that Mr. Martin has indicated that curbside
boxes may be installed in back of the sidewalk in the utility
area; however, they must be in groups of three or more because
the mail carrier would have to dismount from the vehicle.
Mayor pro tempore Turner stated that people will probably, reluc-
tantly, agree to having curbside delivery and Cm Turner would sug-
gest that the Post Office make a concession also and deliver to
the lawn area since we will be willing to conceed delivery to
the boxes.
REPORT RE VALLEY MEM.
HOSP. EXPANSION PLAN
Mayor pro tempore Turner stated that much time was expended in
compiling the report on the Valley Memorial Hospital expansion
plan which Cm Tirsell worked on and regrets that she is not
present this evening to discuss this item with the Council.
Interviews were held with Tom Andrews, Administrator, and
the Hospital Board who gave reasons for the proposed move
to Pleasanton and also with Dr. Berson who is opposed to the
proposed move. Dr. Berson has taken a poll of the doctors on
the VMH staff and the majority of the doctors are opposed to
the proposal, for a number of reasons which were listed in the
report.
Cm Futch read the following recommendation made by Cm Tirsell
and Turner which requires adoption by the Council:
"If the VMH Board of Directors wishes to explore the possibili-
ties of expanding the current facility to its full potential
the City of Livermore will assist them. The present site has
land which could be utilized for future expansion. There are
vacant parcels adjacent to the present site. There is also an
abundance of land zoned for professional office in the nearby
vicinity which could be utilized for auxiliary services. The
City of Livermore wishes to convey to the Hospital Board our
concern for the cost of hospital services to our residents and
our desire to maintain the good quality of Valley Memorial Hos-
pital."
CM FUTCH MOVED TO ADOPT THIS WRITTEN RECOM~1ENDATION, SECONDED BY
CM MILLER.
Ray Faltings, 1018 Via Granada, stated that he agrees with the
report also but would like to know if the committee looked into
the possibility of using Livermore Manor located on Holmes Street.
The buildinq is ~einq Maintained but no longer has any patients
there and it is relatively close to the Hospital and could serve
as an annex to it. This could be used for people who are recovering
or do not require surgery. (It was noted by a member of the audi-
ence that the facility is again in use.)
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Mayor pro tempore Turner stated that this was not a consideration
but a very good point and these comments are appreciated.
CM MILLER MOVED TO AMEND THE RECOMMENDATION TO STATE THAT THE CITY
OF LIVERMORE WISHES TO CONVEY TO THE HOSPITAI.. BOARD OUR CONCERN
FOR THE COST OF HOSPITAL SERVICES TO OUR RESIDENTS AND TO OTHER
VALLEY RESIDENTS, ETC. MOTION SECONDED BY CM FUTCH.
C!.1-30-8
April 21, 1975
(Hospital Expansion)
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Cm Miller stated that there is a group that reviews hospitals with
a title something like Comprehensive Health Planning Council and
added TO HIS AMENDMENT THAT THE CITY OF LIVERMORE WILL SUPPORT VALLEY
MEMORIAL HOSPITAL AT THE COMPREHENSIVE HEALTH PLANNING COUNCIL IN
THEIR OPPOSITION TO PRIVATE HOSPITALS WHICH SKIM OFF ONLY PROFITABLE
SERVICES AND WOULD LEAVE VALLEY MEMORIAL WITH THE UNPROFITABLE SER-
VICES. He stated that he knows this is a concern of the Hospital
and feels the City should support them in their concern over private
hospitals which are a "rip off" of the profitable services leaving
the quasi-public hospitals holding the bag.
Mayor pro tempore Turner asked if this would be pertinent to this
report and Cm Miller stated it definitely is because one of the argu-
ments, as he understands it, is Valley Hemorial's concern about other
hospitals coming in on the west side of the valley and concern for
private hospitals which take only the profitable things leaving the
emergency services and other services which do not make profits,
to the quasi-public hospitals such as VMH.
MOTION ~vAS SECONDED BY CM FUTCH. Jl8h/Ltr-La~ z::-
Cm Miller stated that he would also\!ike to remark on the comments
made by the VMH staff.when Cm Ti~sel~and Turner questioned them
on this item. A 110 bed hospital, which is what we presently have,
typically has an occupancy rate 150,000 population, which is
about 10,000 more than the state or EPA would conceivably allow
for sewer. Consequently, the need for a hospital larger than 110
beds is very unlikely for a long time. Secondly, their proposal
for 150 beds corresponds to a population of 200,000 which is higher
than the County's latest projections for the valley, which is only
180,000 population. He stated that he feels these estimates are
very strange in view of the present valley circumstances and cannot
believe the Board has properly taken all of this into account. He
would also like to point out that the response of the Hospital Board
and the Hospital Administrator was very evasive about what hospital
services will remain in Livermore. He is really very concerned about
this issue, and stated that they have been very unspecific about
this item.
Mayor pro tempore Turner stated that they have indicated the basic
services will be provided and Cm Miller stated that this says nothing.
AMENDMENTS PASSED BY UNANIMOUS VOTE.
MAIN MOTION PASSED UNANIMOUSLY.
CO~MUNICATION RE FEE
WAIVER - EARL RASMUSSEN
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Earl Rasmussen, 19485 West Grantline Road, Tracy, stated that during
the communications, there was no discussion of the letter he sent
to the City asking that the Council waive building permit fees and
other related building fees and asked that his letter be read to the
public and that this item be discussed.
Mr. Rasmussen stated that the City took possession of his property
last July and at an estimated $1,000 loss per month to him, he
has realized a loss of $10,000 since this time, and that $7,000
worth of personal property was lost when the City was in possession
of his buildings. He stated that at this time he would ask that the
City waive $5,000 worth of building fees.
Mr. Parness indicated that he feels this is a matter of a technical
nature and that either he or the City Attorney should discuss this
item with Mr. Rasmussen. If it is deemed legal that the fees may
be waived then in this case it would be a Council policy decision.
CM-30-9
April 21, 1975
(re Fee Waiver -
Earl Rasmussen)
Mr. Rasmussen stated that he is ready to begin construction of
new buildings on Wednesday and would like some answer as soon
as possible and the City Attorney indicated that he is not able
to render a legal opinion as to the waiver of fees at this time.
The staff will be discussing this matter with Mr. Rasmussen and
if further action is needed to be taken by the Council they will
be so informed.
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REPORT RE OLIVINA AVE.
MURRIETA BLVD. REALIGNMENT
Mr. Lee commented that the report concerning the proposed realign-
ment for Olivina Avenue and Murrieta Boulevard has been recommended
for referral to the budget session for consideration at that time
but if the Council would like to discuss this item he would be
happy to report or answer questions.
Dave Dent, 373 Ann Court, from the Bethany Baptist Church, stated
that the proposed direction in flow of traffic will affect the
Bethany Baptist Church plans because they have been in the process
of purchasing property in this area for some time. They would
like to express favor of a bypass as a benefit to the community,
not only from a safety standpoint but from the standpoint of the
church with respect to their religious services in that area.
He stated that they are in favor of this but would also like to
negotiate for another piece of property in the vicinity in the
same amount of square footage and use the abandoned school site
next to their property so that the church could be constructed
with no loss to the church. At present the proposal would not
allow them to erect a structure due to the location of the street.
He stated that what they would like would be an "even swap" and
they feel this would be advantageous both to the City and church
people.
Cm Miller stated that first of all this item is recommended for
referral to the budget session and personally does not agree
with the proposal for the intersection and would like to see it
remain as it is. He stated that he would be willing to consider
traffic lights for the intersection rather than the realignment.
Discussion followed concerning the proposed realignment and the
proposed street that would intersect Olivina at an angle, with
an island in the middle which Mr. Lee explained.
CM FUTCH MOVED TO DISCUSS THIS ITEM AT THE BUDGET SESSION,
SECONDED BY CM MILLER AND PASSED BY UNANIMOUS VOTE.
CBD GOALS COM-
MITTEE REPORT
Cm Tirsell had requested that the CBD Goals be discussed and
adopted and the matter was placed on the agenda for discussion.
Mayor pro tempore Turner stated that unless there is objection
he would recommend continuing this item until the next Council
meeting at which time Cm Tirsell will be present.
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ON MOTION OF CM MILLER, SECONDED BY CM FUTCH AND BY UNANIMOUS
VOTE THE ITEM WAS CONTINUED TO MAY 5th.
REPORT RE KISSELL
At the request of the City Manager the report on the Kissell
contract amendment was removed from the agenda.
CM-30-l0
April 21, 1975
REPORT RE GRADE
SEPARATION PROJECT
L
The Director of Public Works reported that the grade separation
project has progressed to the stage where plans and specifications
should be prepared for landscaping and irrigation of the underpass
slopes and medians and would request authority for De Leuw Cather to
proceed with the designs.
Mr. Parness commented that no action is required on the part of
the City Council and that authority will be given to proceed.
REPORT RE LARPD
PARK SITE DESIGNS
Mr. Parness stated that two proposals for park designs have been
submitted to the City by LARPD for the Crum property abutting
Holmes Street and the other for Ravenswood park. It is required
that the Council review park designs and approve proposed designs.
Mr. Musso indicated where the park sites will be located and ex-
plained some of the proposed plans for development.
There was discussion of the Ravenswood area and Cm Miller stated
that it has not been determined what the ultimate use of the
Ravenswood villa area will be but it is conceivable that it would
be better to have the noisy kids away from the villa area itself,
and the kids don't care ~1here the "tot lot II is located.
Neil Hilliard, park planner for the Park District, explained that
the reason they located the "tot lot" to the rear is because the
street is rather busy and kids have a tendency to run into the
street and possibly in front of cars.
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ON MOTION OF CM MILLER, SECONDED BY CM FUTCH AND BY UNANIMOUS
VOTE, THE RECOMMENDATIONS OF LARPD FOR THE PARK PROPOSALS ~mRE
ADOPTED WITH THE ADDITION OF THE COMMENTS FROM THE PLANNING
DIRECTOR.
REPORT RE RESIDENT
ENGINEER FOR WATER
RECLAJ.1ATION PLANT
Mr. Lee reported that the Resident Engineer hired for the Water
Reclamation Plant Expansion project on a temporary basis has re-
signed to accept permanent work. There are approximately eight
months left until the project is complete and the City can adver-
tise for another engineer, turn the responsibility over to the
Design Engineer, or have the Plant Superintendent, Bill Loftin,
continue as the Resident Engineer which is the additional work
he has assumed since resignation of the Resident Engineer. It
is recommended that Mr. Loftin assume the Resident Engineering
responsibilities since he is thoroughly familiar with the Plant
plans, etc.
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Cm Miller asked if Mr. Loftin has the proper engineering background
to do the job properly or does this mean that he will have to have
supervision, and if so, from whom?
Mr. Lee stated that with matters pertaining strictly to engineering
aspects Mr. Loftin will have to rely upon advice from the consul-
tants and from Mr. Lee's office.
CM FUTCH MOVED TO ADOPT THE RECOMMENDATION MADE BY MR. LEE,
SECONDED BY CM TURNER, WHICH PASSED BY UNANIMOUS VOTE.
CM-30-1l
April 21, 1975
BART BUS
EXTENSION
The City Manager reported that the BART service, through AC
Transit, plans to extend the bus service to the laboratory
area during the morning and evening commute hours. The route
selected by them would be to come off of I-580 onto Murrieta
Boulevard, continue easterly to Fourth Street, then to East
Avenue and on out to the labs. Various stops along the way,
with the exception of the stops at Portola and at Stanley
Boulevard, will be for allowing passengers to get off the bus.
They will pick up passengers on the way back from the labs,
west-bound. The reason the BART bus will not pick up people
on the way to the labs is because the City does not want BART
to interfere with the Pioneer Bus Line doing business for people
going to the lab area. The portola Avenue and the Stanley Blvd.
stops are presently being serviced and this is the reason people
will be allowed to continue to get on in the morning at these
stops.
"J
Cm Turner felt that in the past the bus did not go from portola
easterly to the lab and now people will be able to board there
and in essence, this is an extension of the system and may inter-
fere with Pioneer Lines. He stated that he would have to suggest
that BART not stop at Portola to let people on prior to going to
the lab, going east in the morning. In the past people could get
on at Portola, there was a stop at City Hall, the there was a
loop back to Stanley Boulevard and then on to the BART station
- not out to the lab.
Mr. Ceder, BART representative, stated that at present they
have been stopping at Portola Avenue in the morning and many
people get onto the bus and ride to the downtown area. This
generally is only five or less people; however, if the Council
wants BART to discontinue stopping at this location they will
comply with the request.
Lou Gigliotti, co-partner of Pioneer Lines, stated that last
March they came before the Council to initiate the bus line pro-
posal. The Council voted unanimously in favor of such a service
to the lab and the primary concern at that time was the future
BART line to the City. He stated that there question at that tim~
if there would one day be a conflict between Pioneer Lines and the
future BART bus and it was indicated that there would be no con-
flict but rather that the lines would be complimentary. When BART
service to the labs was suggested and two routes were proposed,
he stated that he met with the City Manager, representatives from
the Transportation Committee and BART people and it was felt that
BART would be an interference with Pioneer Lines service unless
the route was from I-580 to Vasco, to Mesquite, and to the labs
which was the unanimous decision of the committee who met to discuss
this matter. Needless to say his company was very surprised to
hear that the route voted against, and felt to be in conflict with
Pioneer Lines, was selected at the Council meeting when this was
last discussed. He has again met with the City Manager, Mr. Ceder,
and Mr. Howe, from AC Transit at which time they voiced disapproval
of the proposed in-town BART route for the following reasons: 1)
BART would be in direct competition with one of the Pioneer routes
and since they are subsidized it would be a highly uncompetitive
situation; 2) Public pressure would make the "closed door" policy
unworkable and in time people would demand to get on at all the
stops; 3) At present they have locations at which people can transfer
from BART to the Pioneer Lines and continue on to the lab area.
The paperwork for this is very involved and has to go through the
PUC and any changes take months to become approved. 4) Customers
now transferring from BART to Pioneer will automatically stay on
the BART bus and Pioneer will lose these customers.
'J
CM-30-l2
April 21, 1975
(Bus Service)
It is felt that a loss of customers would definitely jeopardize
their business and if Pioneer Lines can no longer continue service
it means that the present 90-100 people they now serve would lose
the service that they would not be able to get anywhere else in town.
u
Paul Anderson, 4142 Florida Court, representative of Pioneer Lines,
stated that Mr. Gigliotti covered most of the concerns of Pioneer
Lines but the primary concern at this time is that there will be
BART signs posted at various locations and people will assume that
they will be able to get service from these locations, and in time
public sentiment will force the doors open. He stated that he would
just like to point out that a small change in the BART direction means
a very large problem in their direction.
Ray Faltings, 1018 Via Granada, stated that he has not been in on
former discussions concerning this item but would like to know
if BART intends to go to the labs during the morning hours for
the commuters and then return to the labs in the evening to take
commuters back home, or does BART intend to have continuous runs
throughout the day to this area?
Mr. Parness stated that BART will go to the labs only during the
morning and evening commute hours - 4 runs in the morning and 3 at
night.
Mr. Faltings stated that this means that BART will not serve the
public during the other hours of the day and in his opinion there
would be little gained for our tax dollars in having BART go out
to the lab area during the commute hours.
Mayor pro tempore Turner stated that it was his understanding that
Pioneer Lines was not opposed to BART going to the lab area during
the commute hours as long as they do not pick up passengers along
the way.
Mr. Parness stated that evidentely there was a lack of communication
because the staff was also of the understanding that Pioneer Lines
had no objection.
Mr. Anderson stated that the reason Pioneer Lines was not repre-
sented during the last Council meeting at which this was discussed
was because they were of the understanding that the route would be
from I-580 to Vasco Road and they were not opposed to this route.
When they left the meeting with the Transportation Committee, staff,
etc. it was concluded that this would be the choice.
Mayor pro tempore Turner stated that he does not want discussion
of this item to continue and would suggest that it be postponed
to allow the Councilmembers to review previous comments and the
testimoney which has been presented this evening.
Mr. Parness commented that BART does plan to put something into
effect as of April 28th and they would like some direction.
Cm Futch felt it wouldn't be reasonable to postpone the matter
since BART has plans to do something on April 28th as a result
of previous discussion and the Council's permission to institute
an additional route.
Cm Miller stated that first of all he does not agree that BART
needs to stop at portola prior to going out to the labs and also
he would suggest that the morning east-bound and evening west-bound
one way only route be allowed on a trial basis. If it is determined
that this has an adverse affect on the number of customers Pioneer
has been servicing, then the Council can take a look at the issue
once again. The Council agrees that Pioneer Lines is doing a service
CM-30-13
~now he believes that Pioneer did object to the proposed
, BART route and time should be allowed to review
pnevious staff reports prior to considering the
"pr. .oposed BART route. )j]#~.~/~.;
April 21, 1975 "., . .. "~tp.' r ,'t. L /
---.-__ lU ue: C---
--~~>..._-,---_._._----
(Bus Service)
--------..
.-----.
'-'---,
the City does not want to see interfered with or discontinued
but he feels it would be worth trying the additional BART route \
service. If this appears to be unsuccessful in the way of inter- }
ference with Pioneer Lines then perhaps the I-580 route could be /
insti tuted by BART. _/
~~ )\
Mayor pro temporeAstated that if there is motion to allow the
""-
BART route he will vote against it because i .@f his Uhdli!!.L e tAhdiH';1
that there was no objection whatever by the Pioneer people.
Cm Futch stated that on the other hand the City has made a commit-
ment to the BART people in allowing the additional route and he
feels we have some obligation because we have already told them
to go ahead with schedules, etc.
Richard Gower, 1450 Helsinki, stated that the BART signs have
been put into concrete already and it is expensive both to in-
stall and remove the signs and BART will only operate the ser-
vice if it proves to be profitable to BART. He stated that we
have been paying for BART and this is the first service we have
received from them and now they are planning to do something
which would interfere with Pioneer Lines. He stated that since
Pioneer Lines went all out, financially, the City should give
first consideration to it because it first tried to service
the people of Livermore.
Mr. Ceder stated that back in November the City asked BART
to extend service to the labs and the BART people studied
studied various route configurations to determine which route
would best service the City and the lab commuters. The route
that best filled these needs was the route which has been selec-
ted and discussed by the Council - the route through town. He
felt that there was only the one stop which might cause friction
and if the City does not want them to stop there they would be
willing to eliminate it. They are ready to begin service Monday
morning, the schedules are expected from the printers tomorrow
and this is one of five major route changes. They could wait
until there is some word from the City but this would cause
problems.
Dave Dent, 373 Ann Court, stated that he would like to make a
suggestion that BART have transfer tickets going to pioneer
at portola Avenue for people going on out to the lab. He
stated that in this way both companies would benefit.
~1r Gigliotti stated that this is essentially what they are
doing now and would like nothing more than for people to come
in on BART and transfer to their bus at Portola or First Street
and they would go on out to the labs.
CM FUTCH MOVED THAT THE ROUTE, AS DISCUSSED WITH THE CITY MANAGER,
BE ADOPTED vlITH NO PASSENGERS ALLOWED TO BOARD THE BART BUS AT
PORTOLA IN THE MORNING OR TO DISEMBARK AT THIS LOCATION IN THE
EVENING. MOTION WAS SECONDED BY CM MILLER.
Cm Miller stated that the closed door policy should protect
Pioneer Lines but if it is determined that this new route is
causing a problem he would be more than willing to discuss the
item to resolve any conflicts.
MOTION PASSED 2-1 (Mayor pro tempore Turner dissenting) .
~I
REPORT RE PROPOSED
BOARD OF SUP. COMPOSITION
The Council has expressed interest in discussing the possibility
of supporting a County Board of Supervisors composed of 7 members.
CM-3()-14
April 21, 1975
(Board of Supervisors
Composition Proposal)
The City Manager reported that if there is a 7 member Board it will
mean that each member will represent a population of 180,000 rather
than 250,000.
( .
U
The Council concurred with support of a 7 member Board.
Valerie RaYmond, 2250 Buena Vista, stated that she is very happy
to see this item on the agenda and that this is an idea she has
been pushing for several months and has suggested this at the
Board of Supervisors meeting. She stated that this is an item
that will have to be voted on by the people and the earliest it
could go on the ballot would be June of 1976.
CM MILLER MOVED THAT THE COUNCIL URGE THE COUNTY BOARD OF SUPER-
VISORS TO MAKE A CHARTER AMENDMENT TO HAVE SEVEN MEMBERS ON THE
BOARD FOR THE 1976 BALLOT, SECONDED BY CM FUTCH.
MOTION PASSED BY UNANIMOUS VOTE.
ORD. RE. PERMIT
EXPIRATIONS
The Council reviewed the proposed ordinance concerning expiration
of building permits.
Cm Futch stated that the ordinance states that if work does not
commence in 120 days then half of the fee amount will be required
for a new permit and he wondered if this applies to all of the
fees and Mr. Parness stated that this ordinance will cover plumbing,
heating, electrical and building permit fees.
Cm Miller stated that as he recalls there was originally time
period for commencing construction and believes this was something
in the nature of 60 days.
Mr. Street explained that this is correct - prior to adoption of
the new 1973 Building code there was a 60 day period and the new
section of the code dealing with this aspect now allows 120 days.
This is only true of the building permit and not for the permits
for electrical, plumbing and mechanical, which are still 60 days.
Cm Miller felt it would be reasonable for all permit expirations,
including building, to be uniform and Mr. Street stated that he
believes the reason for allowing more time for the building permit
is to allow the bidding process and for this the 60 days was in-
adequate. Cm Miller stated that his concern is for reserving
sewer capacity for people who have taken out permits when they
are not ready to commence building. He felt 120 days was a
little excessive.
Mayor pro tempore Turner asked if 90 days would be more reasonable
and be an appropriate compromise and Cm Miller felt this would be
satisfactory.
Mr. Street stated the 90 days would be satisfactory and really
it doesn't make that much difference because the City does try
to have uniformity; however when the code was adopted it was
adopted as it was without a change in the 120 days allowance.
CM MILLER MOVED THAT THE EXPIRATION TIME BE 90 DAYS, SECONDED
BY CM FUTCH AND PASSED BY UNANIMOUS VOTE.
CM MILLER MOVED TO INTRODUCE THE ORDINANCE WITH THE 90 DAYS
COMMENCEMENT ON BUILDING PEIDiITS, SECONDED BY CM FUTCH AND
PASSED BY UNANIMOUS VOTE.
CM-30-15
April 21, 1975
WEEKLY CITY MANAGER
STATUS REPORT
Airport
Our airport consultants have been meeting regularly with our
Airport Advisory Committee and they are about ready to come be- I
fore the Council to discuss the concept approval of the preliminary J
final.--
Railroad Relocation
On the downtown project the staff has met with the contractor
to discuss work progress and completion schedules. Mr. Parness
stated that he would hate to suggest a completion date because
generally the completion date is violated. It is anticipated
that with the good weather it may be possible to have the under-
passes open for public usage by December I, 1975. One of the
things the staff has suggested to help in this regard, is for
the temporary closing of the W.P. passing track, which is now
in service and if this can be done it will preclude a lot of
interfering construction work to have to be done by the con-
tractor. There is little likelihood that the W.P. will permit
this to be done but it has been referred to them.
Water Reclamation Plant
The Water Reclamation Plant project is about 60% complete and
and the work is progressing quite well.
Sewage Treatment
A short while ago there was some problem with the discharge
from Intel and the City has worked out a monitoring method
that Intel has accepted and is now using. They are monitor-
ing and we also are monitoring the discharge.
Corps of Engineers Study
Mr. Parness stated that the Council will note a letter has
been received from Congressman Stark relative to the Corps
of Engineers Study and he was surprised to see that the
appropriation for this package is $75,000.
Cm Miller stated that he was very disappointed to see that
Congressman Stark intends to support the study.
Downtown Project - Accidents
Mr. Parness reported that some children have been hurt in the
area of the downtown project at lip" Street and Chestnut. A
youth was hurt last week and the Police Department has indi-
cated that it is very difficult to patrol the construction
area but the staff has asked that there be more patrolling
of the area.
I
J
Walkathon
A Cerebral Palsey Walkethon was scheduled to go down "pI!
Street on May 3rd and some announcements were printed con-
cerning the "pI! Street Walkathon. The people in charge
have changed the route for the Walkathon and they will
not be using liP" Street.
CM-30_l6
L)
L/ ;
/
April 21, 1975
Radar Survey
A radar survey is being done for several streets in the City and
this must be done in order to qualify for radar patrolling.
CBD Plans
The Planning Department has been working on plans for the Central
Business District for the past month. Planning is preparing a
very comprehensive study on the CBD; some of which was done several
years ago. The plan is being updated and is approximately 50%
complete. The study will list all properties in the downtown
area as to size and assessed valuation. It will list both property
and buildings and will list the parking areas and the number of
parking places, and a tally will be made of the ownership of each
piece of property.
City Property Acquisition List Status
The City Manager has distributed a list of property acquisition
status of the various parcels under various categories. He
stated that the Council might observe that the City has a very
ambitious property acquisition program and really more than what
the staff can devote attention to, but they are trying to keep
up with these items.
ADJOURNMENT
Mayor pro tempore Turner adjourned the meeting
an executive session,~uss legal matters.
~..I ___
MaYOr~; ,.
CJM_iU
at 10:15 p.m. to
APPROVE
--....
ATTEST
Liv
CH-30-17
.~
Special Meeting - April 28, 1975
A special meeting of the City Council was called by Mayor Pritchard
for Monday, April 28, 1975, at 6:00 p.m. at the City Hall Conference
Room, located at 2250 First Street, Livermore.
The purpose of the meeting was to have an executive session for the
purpose of discussing personnel matters.
Present: (Cm Turner, !'1iller, Futch and Hayor Pritchard
Absent: ~m Tirsell
'1l~
]\~TTEST
The meeting convened at 6:00 p.m. anQ i~~ediately adjourned
an executive session. The mee~~djourned at 7:55 p.m.
C-~ '~
t...-::d~ ~ ~ ~
May r
cJ&wl ~dOi
City Clerk
ermore, California
to
----
APPROVE
J
CM-30-l8
LJ
C~
Regular Meeting of April 28, 197~
A regular meeting of the City Council of the City of Livermore
was held on April 28, 1975, in the Municipal Court Chambers,
39 South Livermore Avenue. The meeting was called to order at
8:12 p.m. with Mayor Pritchard presiding.
ROLL CALL
Present: Cm Turner, Miller, Futch, Tirsell and Mayor Pritchard
Absent: None
PLEDGE OF ALLEGIANCE
Mayor Pritchard led the Council members as well as those present
in the audience in the Pledge of Allegiance.
CM-30-l9
April 28, 1975
MINUTES
April 14, 1975
Page 401, 4th paragraph, 5th line, should read: of the community.
Mistakes that have been made in the past...etc.
Page 407, last paragraph, second line should read: suggested by
Valerie Raymond, ...etc.
J
Page 417, motion at the top of the page: Cm Miller stated that as
he recalls the pull boxes were to be worked out with the staff but
the motion states that they are not to be required and wondered
which is correct? It was noted that the motion is correct, as
stated in the minutes.
Page 418: Cm Miller stated that there are a number of things
he would like to change on Page 418 and if there is no Council
objection he will make these changes with the City Clerk, as there
is no change in the meaning. The Council will receive a copy of
the changes after they have been made.
ON MOTION OF CH TURNER, SECONDED BY C'vl MILLFP Arm BY UNANHlOUS
VOTE (Mayor Pritchard abstaining due to absence at that meeting)
THE MINUTES FOR THE MEFTING 0F APRIL 14, 1975, ~~1ERE APPROVED,
AS CORRECTED.
PROCL&l\1ATION OF
SCHOLARSHIP MONTH
~ayor Pritchard proclaimed the month of May 1975, American Business
Womens Association Scholarship month in Livermore. Representatives
of both Chapters for this area were present during the reading of
the proclamation and Mayor Pritchard stated that both Chapters have
made scholarships available to women in the valley.
SPECIAL ITEM - REPORT
BICENTENNIAL COr1MITTEE
Gib Harguth, 1156 Farmington Way, Chairman of the Bicentennial Com-
mittee reported that the Bicentennial Committee has submitted an
application for recognition as a Bicentennial Community. As part
of the package sent out to the general membership there was a cover
letter included and he read an excerpt from this letter, as follows:
"The LBO Pr01ram is the result of many months of discussions and
represents the kind of program that we believe would be a fitting
celebration. The steering committee first reviewed the draft report
on April 9, 1975." The steering committee submitted the report
to the general membership for a meeting on April 16, 1975 and at
the meeting the general membership endorsed the program with the
provision that the Horizons 1976 project reflect the early LBO
proposed parkways development project. The report was amended and
the steering committee approved the final draft on April 21, 1975
for submittal to the City Council. This program is dynamic in
nature and will undergo revision and change as they progress into
the Bicentennial celebration. Hopefully, most changes will be
to add more projects and to improve upon the pronosed calendar.
He stated that the Committee would like the support and endorsement
of the City Council for this project and he would be happy to answer
any questions the Council might have relative to this proqram.
J
Cm Miller stated that the Bicentennial Committee is asking for
Council support of the LBO Program and the signing of the appli-
cation form. He stated that he would be happy to endorse the
CM-30-20
April 28, 1975
(Bicentennial)
L-/
program and feels the Bicentennial Committee has done an excellent
job in preparing everything for the celebration. Cm Miller stated
that he would be willing to participate in the celebration as a
Councilmember and as an individual, but would not be ready to par-
ticipate, on behalf of the City, financially. The Council
has already endorsed and recognized LBO but the application is some-
thing Cm Miller would not be able to vote in favor of because, I)
LBO is a private group and was not chosen by the Council, which happens
to be one of the criteria on the application; 2) the available communi-
ty resources are words which imply a tax subsidy; and 3) the preliminary
financial estimates propose substantial contribution from tax money
by the City. In his opinion the Bicentennial should be a purely
volunteer affair and not subsidized by tax money.
Cm Turner stated that in looking at the budget he reviewed it as
not being a monitary donation from the City and wondered if this
is correct.
Mr. Marguth stated this is correct. The Committee has taken the
position that this is a volunteer project and they have asked, for
example, the School District to participate by having the educational
program for 1975-76 reflect the Bicentennial celebration. The Com-
mittee would anticipate that the School District would expend dollars
in 1975-76 in support and celebration of the Bicentennial. They
would expect the same kind of support from LARPD and the City of
Livermore, in the way of in lieu funds. They are not asking for
any cash subsidy but rather for support, as has been received in
the past and the in lieu support would amount to approximately
$30jmonth which is estimated from the support received over the
past seven months. He added that he would expect Mr. Bradley to
inform the Council at anytime it is determined that the Committee
is taking too much City time.
Cm Miller stated that if there are any in kind City services used
for preparation of Bicentennial material, it means that there are
regular City jobs that are not being done that should be done, and he
is concerned about the expenditure of money in this area. Postage,
alone, can amount to quite a bit which the City would have to pay
for.
Mr. Bradley stated that the City has taken care of some of the
minor typing and has sent meeting notices to the members. He
stated that he would anticipate a cost to the City of $350 in
clerical time and mailing.
Cm Futch stated that the Council appreciates the work the Committee
has done and supports the goals they are trying to achieve and
MOVED THAT THE COUNCIL EXPRESS SUPPORT. He stated that the motion
does not commit the City to any specific funds.
MOTION WAS SECONDED BY CM TIRSELL.
l/
Mayor Pritchard asked if the motion means that he is allowed
to sign their application?
Cm Tirsell stated that the Committee has been working very hard, the
Council endorsed the concept of the Committee and she feels that the
application should be signed. CMTIRSELL MOVED TO AMEND THE MOTION
TO INCLUDE SIGNING THE APPLICATION.
Cm Futch expressed concern for establishing a precedent in conflict
with Council policy about financial assistance for non-City organiza-
tions and Cm Miller stated that he would vote against signing the
application.
CM-30-2l
April 28, 1975
(Bicentennial)
CM TIRSELL WITHDREW THE AMENDMENT.
CM FUTCH REPEATED THAT THE MOTION IS TO SUPPORT THE PROGRAM THAT
HAS BEEN OUTLINED BY THE BICENTENNIAL COMMITTEE, SECONDED BY
CM TIRSELL AND PASSED BY UNANIMOUS VOTE.
CM TIRSELL MOVED TO APPROVE SIGNING OF THE BICENTENNIAL APPLI-
CATION, SECONDED BY CM FUTCH.
J
Cm Tirsell stated that her motion is made on the basis that
a Bicentennial celebration takes place only every 200 years.
Cm Miller stated that he is opposed to the motion as a matter
of principle.
MOTION PASSED 4-1 (Cm Miller dissenting) .
Mr. Marguth stated that on behalf of the Committee he would like
to present Mayor Pritchard with a Bennington flag which the Mayor
indicated he would be pleased to use at his new place of business
on appropriate occasions.
Mayor Pritchard then signed the application.
SPECIAL ITEM RE
MEDICAL MALPRACTICE
INSURANCE CANCELLATION
Mayor Pritchard stated that Dr. Mandeville has a presentation to
make on the impending cancellation of medical malpractice insur-
ance and is not present at this time and requested that the Council
move to Matters Initiated by the Staff and Council, to the Open Forum
and other items until Dr. Mandeville arrives.
MATTERS INITIATED
BY THE STAFF
(Liquor Store Application)
Mr. Musso stated that the Planning Department has received an
cation for another liquor store in the Louis Shopping Center.
would be a second liquor store and is a permitted use - there
limit to the number of liquor stores that can be located in a
ping center.
appli-
This
is no
shop-
(Scheduled Meetings)
Mr. Parness commented that the Airport consultant would like to
meet with the Council to present an advance statement as to the
reports that have been under preparation for the past several
months. They have suggested meeting for approximately 30 minutes
on May 12, 1975, if this would be agreeable with the Council.
The Council concurred.
The Planning consultant would like to meet jointly with the Coun-
cil and Planning Commission to present the major segment of the
report (Environmental Resources Management Element) and would
like to meet during the week of May 12th also. This will be a
public meeting for a study session type of meeting. The Council
selected May 14th as the meeting date.
I
J
CM-30-22
April 28, 1975
(Meetings)
It is suggested that there be selection of an architect for
Ravenswood and Mr. Parness wondered if the Council would object
to the liaison committee of the Council meeting with the group
and the Council expressed no objection to this suggestion.
L/
MATTERS INITIATED
BY THE COUNCILMEMBERS
(Board of Supervisors
Night Meetings)
Cm Tirsell stated that she would like the Council to ask the Board
of Supervisors to continue night meetings on a permanent basis because
we are located so far from Oakland and cannot attend daytime meetings
and it does take time for people to become aware of the fact that night
meetings are being held. She also suggested that Pleasanton be con-
tacted and asked to help support continuance of night meetings, and
SO MOVED, SECONDED BY CM MILLER, AND PASSED BY UNANIMOUS VOTE.
Mayor Pritchard stated that according to Council policy the appro-
priate resolution concerning this matter will be prepared and will
appear on the next agenda.
(Bus Schedules)
em Tirsell wondered if there is any way of getting the bus schedules
for all the busses providing service in Livermore, can they be coordi-
nated with the BART system, and what is available and how to get
on the Franciscan service. She asked if perhaps the Transportation
Committee could take the responsibility of writing up a brochure.
Mr. Parness stated that the schedules have been printed and the
City has requested copies available for distribution to the public
but thus far we have not received any copies. The suggestion is a
good one and the suggestion will be passed on to the appropriate
people.
Mayor Pritchard commented that people can get BART information by
dialing 462-BART on the telephone.
(Council Reorganization)
em Tirsell requested that the Council reorganization be placed on
the agenda for the pext meeting. ~~~0~hv.
~-L tL-:tdW. .
Cm Futchv~~~-T_~ ;~ the reorganization has taken place in public
before and Cm Miller stated that he would suggest this take place
during an executive session.
eM TIRSELL MOVED TO PLACE THE COUNCIL REORGANIZATION ON THE AGENDA
FOR NEXT WEEK, SECONDED BY CM FUTCH.
l
The motion was followed by discussion as to whether or not this
should be done prior to the Council meeting or placed on the agenda
and open to the public.
MOTION PASSED 3-1 (Cm Miller dissenting and Mayor Pritchard abstaining) .
(Commending
Mayor Pritchard)
Cm Miller stated that he would like to say that in his opinion the
City of Livermore is losing one of its best representatives with
the resignation of Mayor Pritchard.
CM-30-23
April 28, 1975
(Commending
Mayor Pritchard)
Cm Turner also commented that it has been a pleasure to serve on
the Council with Mayor Pritchard and would like to wish him suc-
cess with his new business.
em Futch stated that anyone who has served for five years on the
City Council certainly deserves a vote of thanks from the entire
community.
\
~
(re Corps of
Engineers Study)
Cm Futch stated that he had intended to be in WaShington D. C.
and not present at this meeting but it was not necessary for
him to attend the meeting on the Corps of Engineers study be-
cause he recently received a letter from the State Water Re-
sources Board indicating that they have reached an agreement
with the Corps of Engineers, which is basically that the Corps
of Engineers will not become involved in waste water management
in the Valley. Basically the complaint to be made by the Council
was that there would be too many agencies involved in a study of
waste water management and this seems to have been settled. He
stated that confirmation of this information was also made by
telephoning Sacramento and that he and Mr. Parness both received
the information.
(Re Resignation)
Mayor Pritchard stated that since he has made a decision to resign
from the City Council and to make a move to Manteca the condition
of his health, for which he is leaving, has already improved. He
stated that he is looking forward to the move with some excitement
but he will not be moving from his Livermore home for some time.
As long as he is a citizen and owns property in this town he
intends to let the Council know how he feels as a citizen. He
stated that he would like to express appreciation to a number of
people who are citizens and members of committees and commissions
and organizations, without naming all of these people. He stated
that Mr. Tull and he have not always seen "eye to eye" but Mr.
Tull does excersise his American democratic prerogative of speak-
ing to the Council and to tell them exactly what he thinks. Mayor
Pritchard stated that he wishes there were more people who would
be interested enough to come to the Council meetings and take
part. He stated that if he has any criticism of the citizens
at all it would be that there is apathy among them. He stated
that while he has had differences with opinions from the press
he nonetheless has enjoyed knowing the reporters and has appre-
ciated the editorial repartee and expressed appreciation for
our democratic way of life and the opportunity to have a free
press. He indicated that the professionals in City government
are suhjected to much ahuse from the Council, committees, com-
missions, public and the press and that a good staff is hard
to replace and all of the staff members deserve a word of thanks
from the Chair. He stated that the families of people who take
public office must give up a lot and that they do suffer and he
would like to express appreciation for his family's patience.
He stated that the Council has the task of selecting a new
Council person and that he will not be making a recommendation
and he has no preference as to who sits in the Mayor's chair;
the four people who are left will have to make this decision.
He stated that he will, however, be thinking of the Councilmembers
and is sure they will not enjoy what they will have to do and would
like to apologize for placing them in the position of having to make
difficult decisions. He stated that the staff, press and Council
J
CM-30-24
c)
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April 28, 1975
(Mayor Resignation)
deserve the support of the community but at times some criticism
is necessary but people should be sure that the criticism is justi-
fied. He stated that with some sadness he will hand the gavel to
Cm Turner after having met with the Council for five years. He
stated that he will leave the business of the City to the fine
people remaining in office and asked that the public take part
and be concerned with what is happening in local government, be-
cause if people do not express interest our system may disappear.
As Mayor Pritchard departed he received applause from the audience,
Councilmembers and staff.
RECESS
A brief recess was called after which the Council meeting resumed
with Mayor pro tempore Turner, Cm Miller and Futch present. (Cm
Tirsell absent.)
OPEN FORUM
(re Assessment District)
Paul Tull, 2243 Linden Street, stated that he was not allowed to
speak to the Council during July of 1973, concerning the railroad
assessment district and the reason is because three times a year
there is enabling legislation which defines assessment districts,
cities, etc., as entities and if a decision they have made has not
been taken to court within six months of the decision they cannot
be challenged.
(Pioneer Lines)
Lou Gigliati, 3975 Pestana Way, stated that he would like to report
on what has happened on the first day of BART service to the labs,
speaking as co-owner of Pioneer Lines. He stated that last week
he appeared before the Council to oppose the BART route and was
assured that the busses coming into town would have closed doors
and that they would merely bring people to the lab or other points
in Livermore. He stated that he arrived at a stop with the Pioneer
Lines bus and was told by a customer that he had just gotten onto
a BART bus on East Avenue. He stated that the customer did not have
to flag down the bus but that the driver stopped, opened the door
and the customer asked if this is the bus to the labs and the driver
indicated it was. The customer asked for a coupon book and the driver
stated that they do not have them and since the customer did not have
exact change he could not ride on the bus. The customer then waited
for the Pioneer bus and rode on out to the lab on the Pioneer bus.
Mr. Gigliati stated that this is a breakdown on the second run of
the first day of BART service and is exactly what he told the Council,
last week, would happen. He stated that the closed doors are never
going to make it and the drivers are not respecting this policy.
Mr. Parness stated that he feels it is unfair at this point to make
a judgment because the service has only been instituted for one day.
The BART representative indicated last week that there are 198
different drivers that have to be trained for this new routing and
there will be mistakes made in the early stages. It is conceivable
that one or more of the drivers did not get the "closed door" instruc-
tions and this is the fault of either AC or BART but it is the policy
of both companies that there will be no pick-ups along the route.
In San Leandro and other stops there is disembarkment only and this
has been working quite well and there is no reason to assume that it
won't work in Livermore. He will contact BART and AC, however, and
re-emphasize the understanding that there is to be no pick-up except
at Stanley Boulevard.
CM-30-25
April 28, 1975
(Bus Service)
Cm Miller stated that Mr. Parness should express the Council's
strong concern about this matter because the Council did make a
commitment to protect Pioneer Lines because they are serving
other areas of Livermore in which there is no BART service. He
stated that it really is unfair if this continues and the City
should put a stop to it and would suggest that Mr. Parness call
the appropriate people the first thing tomorrow.
Mayor pro tempore Turner stated that he would like to see something
in the way of a follow up to the phone call such as a letter indi-
cating that the City expects them to follow the rules.
Mr. Gigliati stated that he would appreciate receiving a copy
of the letter that will be sent to BART and AC, and gave his
address as P. O. Box 965, Livermore.
\~
SPECIAL ITEM RE
MALPRACTICE INSURANCE
Mayor pro tempore Turner stated that Dr. Mandeville is now present
in the audience and asked that the meeting return to the special
item concerning the serious situation that may arise soon and
affect our community, which has to do with impending cancellation
of medical malpractice insurance.
Dr. Mandeville stated that he, on behalf of the Valley Memorial
staff, would like to thank the Council for its concern over this
matter and as the public has been led to believe from newspaper
accounts, we are faced with a crisis in professional liability.
It appears that as of May I, 1975, there will be many physicians
in our valley that will not have professional liability. He has
just returned from an emergency meeting of the medical staff of
VMH and a poll of the physicians present revealed that 27 have
not secured any professional liability as of this time; 8 have
secured professional liability but feel they are morally in
sympathy with not doing business as usual; and 6 have secured
liability insurance and will continue business as usual. This
will mean that as of May 1, 1975, six physicians will continue
doing business as usual and 8 physicians will take care of
emergency cases only.
He stated that his premiums rose from $848 in
1963 to $3,653 in 1973 and there was another hike in 1974. The
quote he has recently received for his personal practice is $15,OOO
for professional liability. He stated that there is no place for
lack of care for emergency services for this valley and therefore
the hospital and hospital staff have developed a May Day plan for
this particular crisis. "Under the umbrella of the hospital's mal-
practice carrier, physicians not carrying professional liability
will be covered on an emergency basis only in the premises of the
hospital. He stated that VMH plans to provide coverage for 8
specialists and also 1 full time physician on a rotating basis for
a short period of time (perhaps a month). The emergency department
and health care clinics will remain open and will have both physician
and para-medical staff augmented, as necessary, through rou-
tine channels. Elective surgery will be closed until further
notice and emergency surgery and services will be accom-
plished under the hospital insurance coverage for emergency
services. The definition of an emergency is a medical or sur-
gical situation threatening to life or limb or where irredeamable
damage may take place and where the person cannot be reasonably
transferred within the normal referral pattern of the hospital,
or where the attending physician or surgeon certifies that it is
an eme~gency case, and delivery of a pregnancy by any means.
".-J
CM-30-26
April 28, 1975
(Malpractice Insurance)
A communications center regarding availability of referral facili-
ties will also be set up. This is the policy of the hospital medical
staff for this emergency until there is some degree of resolution to
the problem.
/
L)
Dr. Mandeville then listed legal measures which the medical staff
would like to see instituted, such as 1) increasing the discliplinary
action and authority of the Board of Medical Examiners; 2) change
the statute of limitations to two years after injury; 3) regulate
contingency fees for attorneys to realistic levels - this has been
done in New Jersey; 4) develop a system of contracted binding arbi-
tration that will remove medical liability claims from the court-
jury system so any award will go the injured patient and not for
legal and court costs; 5) set legislative limits on the size of the
awards; 6) redefine medical liability and negligence; and 7) allow
for the admission to the court of all evidence.
Argonaut Insurance Company has indicated that they would leave the
malpractice insurance field as of May 1, reversed this decision to
extend the coverage for an additional 3 months and have again reversed
their decision and have indicated that they will give coverage for
one year. It is not clear as to what their position is and their
ability to render coverage may be in the hands of the Insurance Commis-
sion of the State of California. There are several legislative acts
in the mill which seem to have some degree of promise and he will
be happy to leave a list with the Council as to what the medical
staff recommendations would be. The medical staff would be very
happy if the City Council could do something to expidite passage
of the measures mentioned in writing. He stated that Imperial Insur-
ance Company has indicated that there will be an increase in the
cost of insurance as of the 15th of May which neans that if a physician
has not purchased insurance by this time there will be an increase.
He stated that passing the higher cost of insurance on to the patient
is a difficult situation because in many instances patient fees are
governed specifically by law so that increases to defray the increase
in professional liability cannot be equitably distributed to the gen-
eral public. It is obvious that some remedial action must be taken
Cm Futch stated that he would be interested in obtaining an analysis
as to how much cost increase is due to attorney fees and how much
is due to higher awards by the courts.
Dr. Mandeville stated that such figures are very difficult to obtain
simply because they are not generally released to a number of people.
Argonaut Insurance Company collected $110 million and they now state
that they are financially broke. Argonaut Insurance Company is a
multi-state company and much of this money went out of state. The
amount of awards for cases won is a small figure and nobody knows
how much but he would estimate that this figure would be $750;000.
This means that there appears to be a major deficit in the financing.
He stated that the medical people have been told that the client
receives 27~ out of a dollar in a claims award but this is open
for dispute and is disputed by attorneys.
Cm Miller stated it is obvious that the Council will not be able
to analyze the details tonight but it is a problem that is receiving
state-wide attention and the governor and legislature is involved
in it. He stated that he does not know why the City couldn't send
letters to our Assembly and Senate representatives as well as the
governor asking for a rapid resolution to this problem. This may
not be very effective but would represent some pressure by the
public. He asked that the staff send letters to AssemblYman Mori,
Senator Holmdahl and the governor tomorrow.
Dr. Mandeville stated that he would like to emphasize for the infor-
mation of the public that emergencies will b~ adequately handled.
CM-30-27
April 28, 1975
PUBLIC HEARING RE
TRAILER PARKING
A public hearing has been scheduled for the purpose of a possible
zoning ordinance amendment relating to storage of materials, etc.,
including trailers, boats, aircraft and similar equipment, par-
ticularly as it relates to front yard storage.
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Mr. Musso commented that he is sure the Council is familiar
with the problems of trailer storage but would like to note
that the whole emphasis of trailer storage has shifted from
what was originally an off-street parking provision of the
ordinance into an accessory use.
Cm Miller stated that prior to opening the public hearing he
would like to make a few comments about the ordinance which
may affect what people may want to say.
This does not seem to be consistent with the public vote that
was taken on this item a couple of years ago and he would like
the Council to consider some amendments.
Cm Futch stated that before listing the amendments he would
like to ask some questions. There is discussion regarding
RL-5, RL-6 and RL 5-0 but wondered about the other residen-
tial zones. For example, B. (4) (b) states "Within the
RL 5-0, RL-5, and RL-6 Zoning Districts storage in the required
street frontage yard shall be subject to the following regula-
tions and limitations." The question is, what about the other
residential zones?
Mr. Musso explained that this deals with front yard storage
in the three zones listed only. The other zones are not per-
mitted any front yard storage and the vehicles in the street
are not covered by this ordinance.
Cm Futch stated that he is concerned about B. (I) which states:
"The placement of any vehicle, trailer, or similar equipment
at the same approximate location at two successive times not
less than seventy-two (72) hours apart shall be deemed to be
storage."
Mr. Musso stated this was discussed at great length and it was
a matter of observation and enforcement time. If a shorter
time is established, there would not be time for proper
observance. A neighbor could report a storage situation but
the P.C. felt the staff should be able to observe a situa-
tion one day and go back two days later and assume that if
something is still there it is being stored. He added that
if people are visiting for the weekend the 72 hours would
allow storage for that length of time.
Cm Miller stated that the vote which was taken a couple of
years ago indicated there should not be storage in front yards;
consequently, he would like to offer the following amendments
to make the ordinance consistent with the vote of the people:
B. (4) (a) should read: "Storage within any required street
frontage yard shall be prohibited with the exception of ve-
hicles less than 19 ft. in length and/or 10 ft. in height."
B. (4) (b) should be deleted.
B. ( 4) (b) 1. should be retained as B. ( 4) (b).
)
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CM-30-28
April 28, 1975
(P.H. re Trailers)
L)
B. (4) (b) 2., 3. and 4. should also be deleted - next page.
At the bottom of this section, add (f) "Vehicles less than
19 ft. long and/or 10 ft. high shall not be permitted to
be stored in a front yard if they are stored in a hazardous
manner or if existing in a derelict condition, or if unsightly
in appearance."
Mayor pro tempore Turner opened the public hearing.
David S. Castro, 2276 Chestnut Street, stated that he would like
to point out that he walks a number of blocks daily and has obser-
ved a number of vehicles parked in the front of a house, the back
yard and the garage and if the gasoline situation gets worse it may
mean that there will be even more storage of boats and cars in front
and in back of houses.
Robert Malone, 1357 Saybrook Road, stated that he would agree with
the amendments proposed by Cm Miller but wondered if something could
be said about a propelled vehicles being allowed to park in front of
a home, which would eliminate parking of a trailer that is not self-
propelled.
Cm Miller stated that much of the complaining has been about motor
homes which are large and block views and there is a safety aspect
involved.
Mr. Malone stated that he fully agrees that there should be no
parking of any kind in front of homes but felt this was too much
to ask for and pointed out that besides the safety aspect the
aesthetic aspect is detrimental from a selling standpoint. He
stated that it may be difficult to sell your home if vehicles are
allowed to park out in front in your neighborhood.
Mr. Malone added that he feels there are other areas in the City for
storage and if someone does not have room on the side or back yard
for storage they should assume that storage costs are part of the
ownership responsibility for a recreational vehicle.
Cm Futch explained that the intent of Cm Miller's motion is that
previously the Council has stated that it would like the vehicle
stored in the rear, if access is available, and for this reason
the Planning Department tried to determine which residential
zones in the City have available access. The motion would allow
campers and trailers, even in zones where there is access to the
rear.
Cm Miller replied that vehicles need to be defined more carefully
and perhaps in B. (4) (a) it should state, "with the exception of
self-propelled vehicles". He stated that vehicles, to him, repre-
sents something self-propelled, and the boats, trailers
and unmounted camper tops would still be prohibited. If someone
has a mounted camper less than 19 ft. long and 10 ft. high, they
would be allowed to store it.
Cm Futch stated that in this case he misunderstood the wording of
the motion.
c
Cm Miller stated that cars are vehicles also and in this town
there are no basements so people use the garages for storage
and the cars are parked in front of the houses.
CM-30-29
April 28, 1975
(P.H. re Trailers)
Cm Futch commented that if there is an RL zone with adequate
access to the rear - would they be allowed to store trailers,
etc. in the front yards?
Cm Miller asked if Cm Futch is referring to a boat trailer,
for example, or an unmounted camper top? If this is what
Cm Futch is referring to the answer would be no, they would
not be allowed in the front yard. In these areas they have
room to put the trailer in the back yard and if they can't
do this for one reason or another they would have to store
the trailer elsewhere, such as in the garage.
Cm Miller stated that, for instance, he has a trailer with
a boat but can't get to the side yard because of trees in
the yard and therefore he stores the trailer and boat in his
garage. If he had a larger trailer and boat he would have to
store it someplace else because it would not fit in the garage.
J
Cm MILLER MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY
CM FUTCH AND PASSED BY UNANIMOUS VOTE.
CM MILLER MOVED TO SEND THIS BACK TO THE P.C. WITH THE
AMENDMENTS MADE AND WITH THE REQUEST THAT THE P.C. RE-
PORT BACK TO THE COUNCIL. MOTION WAS SECONDED BY CM FUTCH.
The Council reviewed the amendments once again and Cm Miller
asked Mr. Musso if "vehicle" is defined as self-propelled in
the State Code, or is a trailer considered a vehicle?
Mr. Musso stated that as he recalls a trailer is not a vehicle
but will review the code and the ordinance concerning this
particular aspect and report back to the Council.
MAIN MOTION WAS WITHDRAWN AND CM MILLER MOVED TO CONTINUE THIS
MATTER UNTIL MAY 12th, SECONDED BY CM FUTCH AND PASSED BY
UNANIMOUS VOTE.
("L" Street Trees)
Mr. Castro mentioned that there are a couple of beautiful
trees on North "L" Street, near Elm Street and the branches
are out into the sidewalk area. The trees cause people to
have to either walk on the lawn or go out into the street
to get around the trees and he felt that the City should be
responsible for keeping trees trimmed that are overhanging
into the public right-of-way.
CONSENT CALENDAR
Departmental Reports
The following departmental reports were approved for filing:
Airport Activity - March - Financial, Quarterly and Yearly
to Date
Building Department - March
Emergency Services - Quarterly
Finance Department - Summary Revenues and Expenditures
Yearly Ending March 31, 1975
Golf Courses - Las positas and Springtown - Quarterly and
Yearly Ending March 31, 1975
Industrial Inquiries - Report Attached
Library - Quarterly
Mosquito Abatement - February
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CM-30-30
April 28, 1975
(Reports)
Municipal Court - February
Planning/Zoning Activity - March
Police and Pound Departments - March
Water Reclamation Plant - February
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Report re Budget
Transfer - STEP
The City Manager submitted a report the the Council with respect
to the transfer of funds for the STEP program.
RESOLUTION NO. 81-75
A RESOLUTION AUTHORIZING TRANSFER OF FUNDS
(STEP program)
Report re North
Livermore Landscaping
The report from the Public Works Director concerning irrigation and
landscaping for North Livermore Avenue was continued to May 5th.
Res. re Library
Facility & Services
The Council has concurred with the request by the Library Board to
hire a consultant firm to study the needs of the Library facility
and services and it is recommended that a resolution authorizing
execution of the agreement be adopted.
RESOLUTION NO. 82-75
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
(Robert S. Meyer & Assoc.)
Res. Rejecting Claim
It is recommended that a resolution rejecting the claim of Fred F.
Lusignan be adopted.
RESOLUTION NO. 83-75
A RESOLUTION REJECTING THE CLAIM OF FRED F. LUSIGNAN
Report re LARPD
Park Priority List
A LARPD park priority list, as approved by the Board of Directors,
was submitted to the Council with their annual recommendations
concerning additional park land acquisition.
The staff has recommended that this item be referred to the budget
session for consideration, with which the Council concurred.
c_
Minutes
Minutes from the were received from the following:
Housing Authority - March 18
Design Review - April 15
Planning Commission - April 15
CM-30-3l
April 28, 1975
(Tailwinds)
Mayor pro tempore Turner commented that he would be interested
in knowing if the "Crosswinds" was allowed to change name to
the "Tailwinds" without permission from the City.
Mr. Parness indicated that this is their prerogative, even
though they are leasing City property. Also the sign that will
be used for the restaurant is being reviewed by the Design
Review Committee and the Council will review it with respect
to size allowed by ordinance.
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Payroll & Claims
There were 94 claims in the amount of $125,944.69 and 232
payroll warrants in the amount of $90,188.35, for a total
of $216,133.04.
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM MILLER, SECONDED BY CM FUTCH AND BY UNANIMOUS
VOTE THE CONSENT CALENDAR WAS APPROVED.
COMMUNICATIONS
(re ACTEB Funds)
Robert Sandles, owner of Bob's Machine Shop, has requested
approval by the Council of a manpower project to be funded
by ACTEB, training men and women in the machine shop trade.
Mr. Sandles stated that according to the ACTEB people there
has been only $372,000 allocated to the valley for projects
and none has ever; been allocated for on-the-job training in
the machine shop trade. He stated that he is a teacher and
has state credentials for training and would like to begin a
program for people who would qualify to receive this type of
help and he would train them for 1-2 years in this trade.
Joyce LeClaire is a member of the governing board, she has
helped prepare the proposal and is the person who suggested
the Mr. Sandles speak to the Council for approval.
Mr. Sandles stated that he has a copy of the proposal which
he would like the Council to review and approve, in principle.
Cm Futch stated that he would be willing to support the program,
in principle, but normally this is not something that would
come to the Council for approval.
Cm Miller asked if Cm Tirsell is familiar with the proposal
and Mr. Sandles indicated that he has spoken with both Cm
Tirsell and Joyce LeClaire and they are not opposed to the
proposal.
CM Futch stated that he would suggest the Council go on record
as supporting this type of program within the City of Livermore;
however, as far as recommending a certain person for doing the
traini~g, he would have to be hesitant.
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Mr. Sandles stated that he can understand this position but he
would not be receiving any of the money, personally: ACTEB will
be paying wages to people in training.
CM-30-32
April 28, 1975
(re ACTEB Funds)
Mayor pro tempore Turner stated that it is his understanding that
Mr. Sandles is asking for a written endorsement from the Council
and that the problem is the Council is not really sure what is
being endorsed.
u
Cm Miller stated that since the Council has no approval authority
it doesn't really come to the Council, in a sense, anyway. If
Mr. Sandles sends his proposal to the ACTEB people and the Council
has not opposed it it would seem that this proposal is one step
further. He would suggest that Mr. Sandles submit a copy of the
proposal to the Council for review at the next meeting at which
time it can be determined whether or not a letter of endorsement
will be sent to ACTEB.
Mayor pro tempore Turner indicated that, in any case, the Council
will not oppose the proposal.
(re Vacant Council
Position)
Letters supporting Ray Faltings to fill the vacant seat on the
Council were received from William R. Hopkins, Genevieve Fraser,
and Sally Tull.
(re Mailboxes)
A letter concerning placement of mailboxes in the resedential
areas was received from Windol M. Martin, Director of the Delivery
Division, Western Region of the United States Postal Service.
(Letter of Resignation)
A letter of resignation from the Housing Authority Board was received
from David P. Mandeville, M.D.
The staff was directed to send a letter of thanks to Dr. Mandeville
for serving on the Board.
(re Sphere of Influence
for Amador Valley)
The City of Pleasanton has written to the City Council concerning
the Spheres of Influence for the Amador Valley and attached a
resolution adopted by the Pleasanton City Council opposing New
Town, which was forwarded to ABAG.
Mr. Parness asked that the Council postpone this matter for one
week because the Sphere of Influence map was not included in the
agenda. The Council concurred with the request.
Cm Miller suggested that the staff write a letter of thanks to
the Pleasanton City Council for sending a resolution to ABAG
concerning New Town.
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REPORT RE KISSELL
COMPANY CONTRACT
The City Manager reported that
agreement has been prepared in
approval and it is recommended
ing execution of agreement.
the amendment to the Kissell Company
accordance with tentative Council
that a resolution be adopted authoriz-
CM-30-33
April 28, 1975
(Kissell Contract)
CM MILLER MOVED TO ADOPT A RESOLUTION AUTHORIZING EXECU-
TION OF THE AGREEMENT, SECONDED BY CM FUTCH AND PASSED
BY UNANIMOUS VOTE.
RESOLUTION NO. 84-75
A RESOLUTION AUTHORIZING EXECUTION
OF AGREEMENT (The Kissell Company:
Third Agreement)
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REPORT RE SURVEY
OF WALL STREET
The Public Works Director reported that nighttime surveys of
lighting for Wall Street have been conducted by the staff, in-
cluding the Police Department and it was concluded that one
additional light could be justified. The light installation
has been ordered and installation will soon take place. Mrs.
Heinz is the person who will be observing the effectiveness
of the additional light and will make her observations known
to the Public Works Department.
Mayor pro tempore Turner stated that the Wall Street lighting
issue is a matter that has been going on for some months and
the Police Department has indicated that they have had good
response as far as curtailing the amount of burglary in that
area through the involvement of the STEP team.
Sharon Heinz, spokesperson for the Wall Street area, stated
that she is disappointed, insulted and really angry about the
recommendation for one additional light for Wall Street and
it would seem that she will have to resort to discussing
things which have taken place concerning her family, and per-
sonal situations she would rather not discuss. She stated
that four boys broke into her home and they contacted the
parents and gave the parents the choice of allowing them to
press charges or let the boys work for the Heinz family and
receive counseling during this time. She stated that it was
decided that the boys would do work as punishment and the
Heinz family did not press charges. She stated that even
if she had pressed charges the boys would have been back
on the streets within 24 hours. She felt it was up to her
family to see that the boys did work as an indication that
they could not come in and steal from her and then go free.
She added that there have been II burglaries in her home
during the past three years. She stated that the Police
Department has indicated there is just nothing they can do
and her little boy is afraid at night because boys have come
through his bedroom window, in the past, to steal. She stated
she felt it important to demonstrate that there are boundaries
within which people must stay and to respect property which
belongs to others, and that rules cannot be broken without
penalty. She asked Mr. Lee if he really feels one light will
make a difference and pointed out that Wall Street is not
a typical residential street. She stated that her time:1s
as important as the Councilor staff time and that she and
her neighbors have been willing to work for free to create
the neighborhood they desire but it has been five months
since they made a plea to the Council for help and nothing
has been done. She stated this is not the way she wants her
town run and more importantly not the way she wants to be
treated.
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CM-30-34
April 28, 1975
(Wall Street Problems)
u
Mayor pro tempore Turner stated that he feels the emotional impact of
this situation and therefore cannot make a recommendation at this
time but would ask for suggestions from the other members of the
Council. He stated that he does realize this is a problem that
has gone unanswered or unsolved for five months and that this is
a very long time. He added that he read the recommendation by the
Director of Public Works and also feels that one street light addi-
tion is not satisfactory and he had come to this conclusion prior
to hearing testimony from Mrs. Heinz.
Mr. Lee indicated that this happens to be a matter that goes far
beyond the street lighting problem and that his recommendation is
that the lighting is adequate. There seem to be matters that should
be taken care of by the Police Department and there are other personal
matters involved which he feels are not necessarily related to lights.
Cm Miller stated that as he recalls at the last discussion with the
Council the Police Department was going to meet with the people in
the Wall Street area in an attempt to work out some type of neighbor-
hood strategy to help improve the situation. The Council never re-
ceived a report as to what was proposed and he does not know how
successful the meeting may have been.
Mayor pro tempore Turner stated that at this point the Council is
guessing about what was in the letter and what was discussed and
would suggest that this item be postponed for another week so that
some of this information can be given to the Council.
Cm Miller stated that he would like to know how effective this strategy
has been and if there has been any improvement in the burglary rate
as a result of this neighborhood strategy. He stated that he would
like to hear from the neighbors as well as the Police Department
and for this discussion to take place next week.
Mayor pro tempore Turner stated that for the next discussion he
would like to have answers to problems he mentioned in his letter
sent to the staff on this item and also a report from the Police
Department.
It was concluded that the matter will again be on the agenda next
week.
CUP APP. FOR
SIERRA WEST GALLERY
Mr. Musso stated that a CUP application has been submitted by
Robert J. Mandeville for retail sales of western paintings, unique
antiques, sculptures and authentic precious Indian jewelry at
4190 East Avenue (Sierra West Gallery). This would be a use not
allowed in the CP Zone. The CP Zone was established in 1972
at which time the basis for the rezoning was the undesirability
of living next to a gasoline station.
c
Mr. Musso stated that the major concern of the P.C. was estab-
lishing a precedent for allowing this type of use out on East
Avenue because they could envision a number of other applica-
tions adjacent to the shopping center and also closer to down-
town. It was concluded that it not need be a precedent and it
does not conflict with the General Plan.
CM-30-35
April 28, 1975
(Sierra West Gallery)
The Planning Commission has recommended to the City Council
approval of the application making the findings noted in their
report to the Council and staff.
CM FUTCH MOVED TO ADOPT THE RESOLUTION APPROVING THE APPLICATION,
SECONDED BY CM TURNER.
,~
Cm Miller stated that he cannot vote for the motion because it
would essentially destroy everything the Council has just gone
through in the CN Zoning Ordinance. This particular use is in
conflict with the General Plan and with the CN Ordiance in the
sense that it is a retail use - not a day-to-day type of sales
located in a professional office zone. Such things would be
excluded from our present CN Zone. A retail use such as this
belongs in a general commercial area and, in particular, in
the downtown area. In his opinion this would be a terrible
precedent for East Avenue and this is exactly what happened
to portola Avenue. He added that the P.C. was split in their
recommendation to approve the application and Cm Miller would
urge the Council not to approve the application.
THE MOTION AND SECOND WERE WITHDRAWN AT THIS TIME.
CM MILLER MOVED THAT THE COUNCIL DENY THE CUP BECAUSE 1) A RE-
TAIL USE IS NOT COMPATIBLE WITH ADJACENT PROPERTIES, 2) THE
ADEQUACY OF EAST AVENUE FOR THIS USE IS OPEN TO DEBATE - IT
IS NOT CLEAR THAT IT IS ADEQUATE, 3) THIS IS NOT A REAL TRAN-
SITION BETWEEN NON-RESIDENTIAL AND RESIDENTIAL, 4) IT IS NOT
AN ADJUNCT TO A NEIGHBORHOOD SHOPPING CENTER BECAUSE IT DOES
NOT SATISFY ANY OF THE CN CONDITIONS AND PARTICULARLY NOT A
DAY-TO-DAY USE, 5) TO APPROVE IT WOULD IMPAIR THE PURPOSE OF
THE ZONING ORDINANCE, AND 6) CREATION OF RETAIL ON EAST AVENUE
WHICH IS NOT OF A NEIGHBORHOOD SHOPPING CENTER NATURE CREATES
A DANGEROUS PRECEDENT FOR FURTHER RETAIL APPROVAL ON EAST AVE.
MOTION WAS SECONDED BY CM FUTCH AND MOTION PASSED BY UNANIMOUS
VOTE.
REPORT RE SELECTION
OF FIRE STATION NO. 4
The City Manager reported that the Planning Commission has com-
pleted its study of alternate sites for Fire Station No. 4 and
the results of this study have been forwarded to the Council.
The EIR will be transmitted to the Council following May 6, which
is the final date for receiving public response.
The Council has received a copy of the assessment report which
was prepared by the Fire Chief on the various sites and accompany-
ing this report is the result of a personal survey conducted among
10 residents, each of which were within close proximity to Fire
Stations 2 and 3 to elicit grievances, conflicts, or objections
to a municipal fire station facility in their proximity.
It is recommended that the staff be instructed to proceed with
personal contacts with the property owners of sites having_a
priority listing to determine terms and conditions that would be
applicable for site acquisition. An early report will be made
to the Council on this effort.
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CM-30-36
April 28, 1975
(Fire Station Site)
L)
Mr. Parness stated that this matter has been studied exhaustively
and everything that has done concerning location for a station has
been presented to the Council. The only thing that can be said,
in summarizing, is that anyone of about six of these locations
would be acceptable from the standpoint of firefighting capabilities
and technology. There are some preferable sites, as listed by the
Planning Commission. He would suggest that the matter be referred
back to the staff so that preliminary negotiations for the first
three sites recommended can begin immediately.
Mr. Musso then illustrated the areas of priority and discussion
followed concerning these sites.
CM MILLER MOVED TO REFER THIS MATTER BACK TO THE STAFF, SECONDED
BY CM FUTCH.
Wayne Graham, 914 Desconsado, stated that he lives next to Site A
and he is concerned about the fact that if a fire station is placed
in the area proposed it may limit other development in that area.
Mayor pro tempore Turner mentioned that perhaps Mr. Parness could
respond to this because Site A is listed sixth on the priority
list.
Mr. Graham stated that he is also concerned about Site B, which
is second on the priority list. What happens to the remainder
of a large piece of property if a fire station occupies a portion
of it?
Mr. Parness stated that his recommendation is for the staff to
pursue the first three sites on the priority list, which would
be Sites H, C, and D, respectively.
Mr. Musso replied that the Planning Department looked into all
of the sites with respect to what development problems might be
created around the properties and C was one of the better sites
for not creating future development problems. He indicated that
C would be comparable to the situation of the fire station loca-
ted at Rincon and Pine Street.
Mayor pro tempore Turner stated that the staff is going to nego-
tiate for the various sites and the matter will again come back
to the Council - the staff will not make a selection. The City
Clerk can see that Mr. Graham receives a copy of the agenda on
which this item will appear.
MOTION PASSED BY UNANIMOUS VOTE.
REPORT RE FIRE
STATION DESIGN &
CONSTRUCTION
(~
The City Manager reported that the architectural designs and com-
pletion of plans and specifications for Fire Station No. 1 have
been completed so that bids can be solicited. The Council has
received a new total design and construction budget for Stations
No.1 and No.4 in the amount of $628,364.00, inclusive of all
costs associated with both stations except the site costs. To be all
inclusive the total budgeting allocations for these two structures
CM-30-37
April 28, 1975
(Design for Fire
Stations)
would amount to $640,000. It is recommended that the Council adopt
a resolution authorizing construction bidding for Fire Station No.1.
Randy Schlientz, architect for the stations presented renderings
to the Council with an explanation as to where the station would
be located on the site and that the station was designed to provide
a possible future multi-use area comprising approximately 1,250 sq.
ft. for a community room in association with the adjacent park area.
Station No. 1 has been designed to allow 1,920 sq. ft. of area for
administrative and fire prevention area and the remaining portion
for normal day-to-day use would comprise fire supression, the
apparatus, locker rooms and storage facilities. There will be
provisions for a ready room, a company officer and reception area.
A reasonable residential character is being maintained for the
archectural design of the building and materials that are closely
associated with the residential neighborhood will be used. A
combination of stucco, shingles, and some wood trim and wood fences
as well as a fair amount of landscaping is planned. The dormitory
can be used as a dormitory and training room and is designed with
exterior access and public rest rooms for community room use.
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with respect to the budget, Mayor pro tempore Turner commented that
the figures have remained consistent with the estimates made by
Mr. Schlientz and Mr. Schlientz replied that there was some trimming
to allow them to stay within the estimate.
Mr. Parness stated that
been liberal estimates.
of the year and we have
get good bid results.
it is hoped that the estimates made have
We are entering into the best bidding time
been given some assurance that the City will
Mr. Schlientz added that there are several alternates and some of
the features may be omitted.
Mr. Parness pointed out that the total estimate for both stations
amounts to about $60,000 more than what was originally budgeted
and does not include site costs. For this reason, unfortunately,
he and the Fire Chief have had to consider postponement of the
bidding process for a fire pumper unit. The pumper unit is a
comparable expense and it may have to be deleted in favor of the
two structures if they are going to be built. This will again
be discussed at budget time.
CM FUTCH MOVED TO ADOPT THE RESOLUTION AUTHORIZING CONSTRUCTION
BIDDING, SECONDED BY CM MILLER. MOTION PASSED BY UNANIMOUS VOTE.
RESOLUTION NO. 85-75
RESOLUTION ACCEPTING AND APPROVING
PLANS AND SPECIFICATIONS ASCERTAINING
WAGE SCALE AND DIRECTING CLERK TO AD-
VERTISE FOR BIDS. (Fire Station No.1)
Mr. Schlientz presented an additional elevation which the Council
discussed which Mr. Parness mentioned is designed with two parts
of the building staggerd and a mansard roof, which Mr. Schlientz
explained. This design would cost an additional $1,500.
J
CM-30-38
April 28, 1975
(Fire Station Design)
Randy Schlientz stated that he objects to this particular con-
cept because it is not in character with the rest of the building
when there are projections. He mentioned that this is one of the
"add alternates" and is included in the contract as such.
L:
REPORT RE QUALIFY-
ING FOR BUILDING
PERMITS FOR RESIDENCES
The City Attorney has reasearched the question of entitlement for
residential properties for the issuance of building permits in light
of the local sewage treatment capacity reservation.
The Assistant City Attorney stated that the legal department is
in the process of drafting an ordinance that will delineate the
policies set forth in the resolution presented some weeks ago.
The staff has arrived at a preliminary opinion that the term
"commitment" as expressed in the resolution should be defined as
existing lots of record. This was based on two criteria: 1) litiga-
tion posture, and 2) practacability both in terms of litigation
exposure and economic expectations on the part of property owners.
This, however, is a policy decision and will be presented to the
Council with the proposed ordinance as a policy decision matter.
Cm Miller stated that his concern is that lots of record, as he
understands it, refers to lots which have been recorded from a
final map. Lots on a tentative map are not lots of record.
Mr. Reiners stated that this would be handled in the definition
and the ordinance would define "lots of record".
Cm Miller stated that 40 lots, for which a final could have been
taken out when building permits were not available, and not used,
represents 40 stores. He stated that he is concerned about the
commercial and industrial balance within the City. He would also
like to comment that he feels a case could be made to not allow
finals to qualify because nobody has a vested economic interest
until they take out a building permit. He expressed concern for
this matter of tentatives because we have very little sewage
capacity left.
Mr. Reiners stated that the problem arises under the Subdivision
Map Act which requires the City to disapprove tentative maps when
the City does not have adequate sewage treatment facilities. Once
we have approved a tentative map, implicit in that approval, is that
we have adequate sewage capacity. This is an analogy and an argu-
ment that we have used from which to base this analysis. It is not
a binding, legal requirement that we actually serve such lots.
Cm Miller stated that what the City Attorney is saying is that
it is an argument the legal staff will make but it will not
necessarily stand up in court.
L
Mr. Reiners stated that the 40 lots were included in the overall
estimates done by the Public Works Department that would use an
estimated .36 of the remaining .40 capacity.
Cm Miller stated this means that if the 40 lots are omitted it
would give the City an additional 12,000 gallons which would be
available to commercial and industrial.
CM-30-39
April 28, 1975
(Sewer Reservation)
The City Attorney stated that no action can be taken by the
Council at this time but the staff would like to have this
item postponed until such time as the ordinance is drafted
and presented to the Council.
Mayor pro tempore Turner suggested that the item be continued
for a couple of weeks to allow time for preparation of the
ordinance.
.~
Cm Miller asked how long it will take to prepare the ordinance
and Mr. Reiners stated that he is working on it this week and
would estimate that could be presented to the Council in about
three weeks.
The Council concurred that this item should be postponed until
May 19th.
REPORT RE TENTATIVE
TRACT 3607
Cm Miller stated that the item concerning Tentative Tract 3607
is dependant upon what happens to the ordinance relative to tenta-
tive maps and permits for residential construction and he would
suggest that this item be postponed also.
A subdivision, comprising about lO acres and 40 residential
lots, covers an area formerly reserved for a school site.
The applicants (CARLTON GROUP) are desirous of proceeding
with filing a final tract map and thereafter being issued
building permits. The Council's decision is dependent upon
the Council's acceptance of the City Attorney's opinion con-
cerning the previous item.
In July of 1974 the Planning Commission and the City Council
approved the tentative map for this tract and the map expires
on January 29, 1976. Since the approval of this tentative
map the availability of financing for housing has been very
difficult and it appears that Arbor Development Company was
unable to get financing for the construction of the street
improvements and houses for the project and have since dropped
the option to purchase the land. The CARLTON GROUP is attempt-
ing to find another developer to purchase and develop the land
in accordance with the approved tentative map. It has been
noted by Mr. Musso that it might be possible to trade deeds
prior to the recording of the final map so that the Park
District would own the new shape of the future park and be
able to begin improvements. This would mean that the City
would receive 8/l0 of an acre in advance of development and
recording the final map. The CARLTON GROUP would be willing
to do this in exchange for written commitment that 40 building
permits and 40 sewer connections will be reserved for this area.
Mario Bertone, spokesman for the CARLTON GROUP, stated that they
have been paying taxes on this land for three years and would
like to know what the group can do with it. He stated that
they are interested in seeing that this land is developed and
that the City has already committed sewer service to the 40
lots.
Cm Futch stated that in his opinion the benefit to the City
is within the policy drafted by the City Attorney and he
would probably vote in favor of the proposed pOlicy.
!
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CM-30-40
April 28, 1975
(Tract 3607)
Cm Miller stated that this is a matter of what is best for
the community and the ultimate balance.
u
Cm Miller stated this was a tentative map approved in 1974, which
he is sure he voted against on the grounds of air quality, it expires
in l8 months and the City is not required to renew the tentative map.
In fact, it could not be renewed in view of our sewer problems. Per-
haps the thing to do would be to say, "yes you may have until January
29, 1976, but don't expect the tract map to be renewed". If the per-
mits have not been taken out and the final not in by this date then
that's it.
Mr. Bertone stated that they are ready to file a final map if they
can receive the assurance that they will get the building permits.
Cm Miller stated he is not willing to reserve sewer capacity for
these 40 units because they may not be built for lO years. He
would suggest that unless the permits are not taken out by January 29,
1976, the City should not be obligated to provide the sewage, adding
that this may require some type of special agreement.
Mr. Bertone asked if this means that if a map is filed they will
get the building permits?
Cm Miller stated that this is a border case because the school
site has been reserved. He commented that if the ordinance ultimately
says that lots of record will have sewer reserved this means that a
final map could be filed and this will mean Mr. Bertone has lots of
record, and according to the ordinance 40 sewer connections would be
reserved. Once having filed the final map Mr. Bertone could wait
lO years before obtaining the building permits and in the meantime
the City is committed to providing sewage. He stated that this is
what he is not willing to do and would not be willing to reserve
any sewer capacity beyond January 29, 1976. Cm Miller stated he
would like to see the Council agree to some type of agreement with
Mr. Bertone to the effect that if the permits are not taken out by
the January 1976 date the City will no longer be required to reserve
sewer capacity for the 40 units.
ON MOTION OF CM MILLER, SECONDED BY CM FUTCH AND BY UNANIMOUS VOTE
THE STAFF WAS DIRECTED TO WORK OUT SOME TYPE OF MECHANISM WHICH
WILL MEAN THAT SEWER CAPACITY WILL NOT BE RESERVED AFTER JANUARY 29,
1976.
ADJOURNMENT
Mayor pro Tempore Turner adjourned the meeting at ll:50 p.m. to a
9:30 a.m. executive session, May 3, 1975, at City Hall, in the
Conference Room, to discuss personnel matters.
APPROVE
r
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ATTEST
Mayor
CM-30_4l
Adjourned Regular Meeting of May 3, 1975
An adjourned regular meeting of the City Council of the City of
Livermore held on Saturday, May 3, 1975, at 9:30 a.m. was called
to order by Mayor pro tempore Turner and immediately adjourned to
an executive session to discuss personnel matters.
Present: Cm Futch, Miller, Tirsell and Turner
Absent: None
The meeting adjourned at l2:37 p.m.
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APPROVE
~/~
Mayor
'-"\ ~!' 1 I;J
~," ~
~ City Clerk
t/ L1vermore, California
ATTEST
Regular Meeting of May 5, 1975
A regular meeting of the Council of the City of Livermore was
held on May 5, 1975, in the Municipal Court Chambers, 39 South
Livermore Avenue. The meeting was called to order at 8:l0 p.m.
with Mayor pro tempore Turner presiding.
ROLL CALL
Present: Cm Turner, Miller, Futch and Tirsell
Absent: None
PLEDGE OF ALLEGIANCE
Mayor pro tempore Turner led the Councilmembers as well as those
present in the audience, in the Pledge of Allegiance.
MINUTES
April 2l, 1975
Page 4, last paragraph, should read (BART hearings).
Page 9, third major paragraph, line 4 should read: typically has
an occupancy rate corresponding to l50,000 population, etc.
Page l4, second paragraph should read: Mayor pro tempore Turner
stated that if there is a motion to allow the BART route he will
vote against it because now he believes that Pioneer did object
to the proposed BART route and time should be allowed to review
previous staff reports prior to considering the proposed BART
route.
CM FUTCH MOVED TO APPROVE THE MINUTES FOR THE MEETING OF APRIL 21,
1975, AS CORRECTED, SECONDED BY CM MILLER AND WHICH PASSED BY
UNANIMOUS VOTE. (Cm Tirsell abstained due to absence at that
meeting)
i
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SPECIAL ITEM -
COUNCIL REORGANIZATION
CM TIRSELL MOVED TO NOMINATE CM FUTCH FOR MAYOR AND MOTION DIED
FOR LACK OF A SECOND.
CM FUTCH MOVED TO TABLE THIS ITEM FOR ONE WEEK, SECONDED BY
CM MILLER AND PASSED UNANIMOUSLY.
CM-30-42
May 5, 1975
OPEN FORUM
(Misc. - Paul Tull)
u
Paul Tull, 2243 Linden Street, stated that he has written about
the Wall Street lighting situation and again spoke to the Council
about his letters concerning the assessment district for the
railroad relocation. Mr. Parness implied his information was in-
correct and he felt he deserved a retraction.
CONSENT CALENDAR
Res. Auth. Exec. of
Agree. - Kamp
Mr. Parness requested that the item concerning the resolution author-
izing execution of agreement with H. L. and Frances Kamp be postponed
for one week because there was a modification to the agreement and
the wrong agreement was given to the Council.
Res. re Night Meetings
The Council adopted a resolution urging the County Board of Super-
visors to continue evening meetings.
RESOLUTION NO. 86-75
A RESOLUTION URGING COUNTY BOARD OF SUPER-
VISORS TO CONTINUE EVENING MEETINGS.
Res. Calling for Bids -
No. Livermore Medians
A resolution calling for bids for irrigation and landscaping of No.
Livermore Avenue medians was adopted.
RESOLUTION NO. 87-75
RESOLUTION ACCEPTING AND APPROVING PLANS
AND SPECIFICATIONS ASCERTAINING WAGE SCALE
AND DIRECTING CLERK TO ADVERTISE FOR BIDS.
(North Livermore Avenue Landscaping)
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM FUTCH, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE
THE CONSENT CALENDAR WAS APPROVED WITH POSTPONEMENT OF THE ITEM
CONCERNING THE KAMP AGREEMENT.
MATTERS INITIATED
BY THE COUNCIL
(:
Cm Futch suggested that there be a rotation policy for selection
of Mayor and Vice Mayor. Discussion will be held on May 19th.
Cm Miller stated that the Council needs one more member on the
Council and according to the statutes there are two alternatives:
l) appoint someone for a three year term, or 2) set a special
election for which someone can run for the remainder of the term
or be appointed to serve out the term until the next municipal
election. He stated that he would like the City Attorney to prepare
a draft of ordinances for the Council to discuss concerning appoint-
ment until the next municipal election.
CM-30-43
May 5, 1975
(Selection of
Councilmember)
Cm Tirsell asked how long it would take to draft an ordinance,
adopt it and have it become effective.
The City Attorney replied that there is some language to the
effect that the effective date of the ordinance concerning elec-
tions can become effective immediately. If the language could
apply to this particular case an ordinance could be adopted and
become effective the day it is adopted. He added that if an ordi-
nance is adopted that would call for an appointment until the next
general election and then the special election included in the gen-
eral election is found to be improper, he would assume the appoint-
ment would be effective for the remainder of the incumbent's term.
~
The City Attorney was directed to prepare ordinances for possible
adoption at the May 12th meeting concerning a method for appoint-
ment of another member to the Council.
(Las positas Plan)
Cm Miller~ed that we appealed to ABAG's Regional Planning Com-
~ittee~~:~~~~ive Board concerning the Las positas plan and they
~~{.1 id )~~{11t. tlool.t La" P~,itlll VII.. ""11 =--.~ 1ri~k" and agreed generally
~w~th the contentions made by the City and all the other agencies
\~~~n the valley about the negative nature of Las Positas. At the
:~same time we have been challenged by the Alameda County Board of
,~ Supervisors to submit our General Plan, when it is complete, to
o the ABAG Regional Planning Committee and the ABAG Executive Board.
He suggested that the City write a letter to the Regional Planning
Committee and the Executive Board indicating that it would be our
pleasure to send our General Plan to them for review, when the
General Plan becomes available.
(Mayors Conference)
Cm Miller stated that we need to have written notice of the Mayors
Conference so that the Mayor will have the authority of the City
to vote on the selection committee item.
Mr. Parness stated that he is not sure this would be necessary
but the City might indicate that in the absence of the Mayor
the official delegate would vote.
COMMUNICATION RE
APPOINTMENT TO ACAP BOARD
A letter has been received from Suren G. Dutia, Executive Direc-
tor of the ACAP Board, asking that the City Council make an appoint-
ment to the ACAP Board. He indicated that representatives to the
Board must be reappointed each year and asked that this be done.
ON MOTION OF CM MILLER, SECONDED BY CM FUTCH AND BY UNANIMOUS VOTE,
CM TIRSELL WAS REAPPOINTED TO THE ACAP GOVERNING BOARD.
COMMUNICATION RE
LAVWMA BORROWING
i
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LAVWMA transmitted a resolution authorizing LAVWMA borrowing and
ON MOTION OF CM MILLER, SECONDED BY CM FUTCH AND BY UNANIMOUS VOTE
THE RESOLUTION WAS APPROVED.
CM-30-44
May 5, 1975
COMMUNICATION RE LACK
OF SHOPPING SERVICES
~
A letter of complaint as to the lack of shopping services avialable
in the valley, was received from Mrs. Anne Zarate, 2250 First Street.
The Council asked Mr. Parness to respond to the letter.
COMMUNICATION RE
AB 625 - Regional Planning
Assemblyman S. Floyd Mori sent a copy of the Knox Bill tAB 625) con-
cerning regional planning, to the Council for review.
There was some discussion on this item and Mayor pro tempore Turner
commented that the Council has, in the past, approved the concept
of the Bill.
ON MOTION OF CM MILLER, SECONDED BY CM FUTCH AND BY UNANIMOUS VOTE
THIS ITEM WAS CONTINUED, PENDING FURTHER INFORMATION.
CBD GOALS
The matter of the CBD goals was continued from the meeting of
April 2l, 1975, so that Cm Tirsell could participate in discussion
concerning this item, as she is the member who requested that it be
on the agenda.
The Council discussed the goals making various amendments and Cm
TIRSELL MOVED TO DELETE B. l., SECONDED BY CM MILLER.
Cm Futch stated that in Item B. 6., he would like to encourage
activity and that under B. 6. he would like to add d. with the
wording, .community theater - entertainment center".
ern Miller stated that he sees a possible conflict because
there is supposed to be a theater at the Civic Center. The
idea of an entertainment center is something else but the theater is
something that is to be included in the Civic Center plan.
Cm Miller stated that he would like to add something to B. 6. a.,
along the lines of the suggestion made by Cm Futch in the past,
which is that under residential uses allowed he would like to ask
for low income housing, in particular.
In B. 5. he would like to see consideration of the use of fountains.
CM TIRSELL WITHDREW HER MOTION AND MOVED TO ADOPT THE GOALS, AS
AMENDED, SECONDED BY CM MILLER.
Paul Tull, 2243 Linden Street, suggested that to improve the central
business district the holes at "P" and North Livermore be filled.
MOTION PASSED UNANIMOUSLY.
REPORT RE WALL STREET -
TRAFFIC LAW ENFORCEMENT
',,--
Staff reports were submitted to the Council concerning the Wall
Street lighting problem and traffic problems.
CM-30-45
May 5, 1975
(Wall Street Traffic
Law Enforcement)
Cm Futch stated that he visited the area at night to look at the
lighting situation and paced off the distance between lights. There
seems to be more distance in this area between lights than in other
areas.
Cj
Mr. Lee indicated that generally lights are placed on the property
line where other poles are.
em Futch stated that he did observe the Murrieta area and other
streets and it would appear that generally there is a street light
on every other telephone pole. He asked what the cost for instal-
lation would be for additional lighting.
Mr. Lee stated that the cost is about $4 - $4.50/month and that
the capital cost would be borne by Pacific Gas and Electric Co.
He added that he is looking at a possible budget figure of $200,000
for street lights for the entire City next year. He added that he went to
the area to see how many lights could be justified and he and the
Police Department concluded that one light at Alexander could be
justified.
Cm Tirsell stated that she would hope the staff can make the find-
ings to justify additional lighting for this area because it is an
area that has a lot of night time use.
Mayor pro tempore Turner stated that with respect to the traffic
problem the residents have suggested that there be a stop sign
on Wall Street which might force the traffic from Catalina to El
cami~to an~,9n~~?e;tanle ~ther than via Wall Street.
/t//JAiE~ -~ ) .
DisCussion followed ncerning the poC!~ini1it'" of a ston sign.
CmiF~' ~a stated that he would like to try the stop sign suggestion
and if it proves to be of no value it could always be removed.
Mr. Lee felt this would not be a good idea because in his opinion
the people living on Wall Street would suffer as much as motorists
who.. .would have to stop. There would be stopping and starting noise
as well as additional fumes, not to mention th~ incon,\,p"i~:n~~ to
motorists.
David S. Castro, 2276 Chestnut Street, stated that he realizes
lights are expensive but the City should be more concerned about
the possibility of lives being lost during burglaries. He added
that there should be lights at Murrieta and Olivina because he
has seen many near accidents at that intersection where many
children cross.
Paul Tull stated he feels the discussion tonight a bunch of "flim
flam" because burglaries which have taken place have been during
the day. He feels he is being discriminated against because 20%
more burglaries take place in his neighborhood than those on Wall
Street. He stated that Wall Street is a matter of policing - not
lighting and asked where the Policemen are to patrol this area.
Sharon Heinz, 76l Wall Street, expressed to Mr. Lee her apology
if anything she had said last week offended'him as that was not
her intent.
Cm pro tempore Turner stated that he would suggest the two lights
recommended for the area be approved and that the Police Department
be asked to keep monitoring the area with respect to the traffic.
(j
~'-/
CM-30-46
May 5, 1975
(Wall Street Traffic
Law Enforcement)
~/
CM FUTCH MOVED TO ASK THE STAFF TO LOOK INTO THE POSSIBILITY OF
INSTALLING TWO ADDITIONAL LIGHTS AT THE APPROPRIATE LOCATIONS
AND TO ASK THE POLICE DEPARTMENT TO CONTINUE MONITORING THE TRAFFIC
PROBLEM AND SURVEILLANCE OF THE AREA. MOTION WAS SECONDED BY CM
MILLER AND PASSED UNANIMOUSLY.
REPORT RE GALLOWAY
PARK RELOCATION, ETC.
Mr. Parness reported that the staff has been in contact with the owners
of property abutting our existing Galloway Park land (Bluebell Drive)
as to its relocation and enlargement. The Council and LARPD are
interested in relocating the park farther to the east because of
the change for Springtown Boulevard and the change in the school site.
It was suggested by the Council that the park be moved to the east
and also enlarged.
The staff recommendati~n is to adopt a resolution referring the matter
to the Planning Commission for report and to LARPD for comment. It
is further requested that the City Manager be instructed to obtain the
necessary appraisal of the properties.
Mr. Parness commented that the park would increase from approximately
3 acres to l2 acres and an increase of approximately $42,000.
CM MILLER MOVED TO REFER THIS MATTER TO LARPD AND THE PLANNING
COMMISSION AND TO DIRECT THE CITY MANAGER TO OBTAIN APPRAISALS,
SECONDED BY CM FUTCH.
Mr. Musso stated that this item has already been discussed by the
Planning Commission and a report was forthcoming.
CM MILLER WITHDREW THE MOTION AND MOVED TO ADOPT A RESOLUTION
AUTHORIZING PRELIMINARY INVESTIGATION AND APPRAISAL FOR ACQUI-
SITION OF THE GALLOWAY PARK SITE. MOTION SECONDED BY CM FUTCH
AND PASSED UNANIMOUSLY.
RESOLUTION NO. 88-75
A RESOLUTION AUTHORIZING PRELIMINARY INVESTIGATION
AND APPRAISAL FOR ACQUISITION OF GALLOWAY PARK SITE.
REPORT RE INDUSTRIAL
PROPERTY LEASE AMEND.
The City Manager reported that the necessary resolutions concerning
the industrial property lease amendment (Agenda Item 6.2) are not
complete and requested that this item be postponed for another week.
This is also the case for Item 6.5 of the Agenda concerning program
continuation - STEP and HORIZONS.
ON MOTION OF CM FUTCH, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE
THESE TWO ITEMS WERE CONTINUED FOR ONE WEEK.
(
CM-30-47
May 5, 1975
REPORT RE SB l89
(Fees From Court Fines)
The League of California Cities has requested urgent reaction to
SB l89 which threatens city fine and forfeiture income and it is
recommended that the Council adopt a motion authorizing some state-
ment in opposition to this proposal to be transmitted to our legis-
lators.
;'J
ON MOTION OF CM TIRSELL, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE THE RECOMMENDATION TO OPPOSE SB 189 WAS ADOPTED.
REPORT RE PARKING OF
LARGE COMMERCIAL VE-
HICLES IN RESIDENTIAL AREAS
Mr. Parness reported that the City has been discouraging the park-
ing of commercial vehicles on residential streets in the City
primarily because of their appearance, and because of necessity
the operators/owners have had to move them to locations just
outside of the City limits. For this reason the Council has
requested that this matter be referred to the County so that
areas being used for this purpose, such as portola Avenue, will
be regulated. He stated that he is sure the County will soon
post Portola Avenue not allowing vehicles larger than 20 ft. in
length.
Mayor pro tempore Turner has asked if there is a possible solu-
tion to not allowing parking in the City limits and the staff
feels that perhaps up to 9 acres of land under the airport east
approach zone might be used for this purpose.
Mr. Parness stated that it is possible that this land could be
used in a profitable way to the City and would be of value to
the owners of these vehicles. Up to 70 vehicles could be
accommodated and the parking charge for such vehicles indicates
that the normal fee per month is from $lO to $l5.
Prior to instituting such a parking facility it would be ad-
visable to determine if there would be a demand for such
space and if the Council concurs the staff will make in-
quiries as to the desire for space for commercial vehicles.
Mr. Parness stated there is an area of approximately 77,000
sq. feet with gravel and open for storage. This area is now
proposed to be paved this year and site plan approval is
pending with the City. On Tesla Road there is about 5 acres of
gravel area for storage plus another 3 acres for some storage.
There is also about 3 acres of paved area on South front Road
which will soon be fenced. There are three privately owned
storage areas available at present.
CM TIRSELL MOVED TO DIRECT THE STAFF TO OBTAIN ADDITIONAL INFORMATION
AND REPORT BACK TO THE COUNCIL, SECONDED BY CM FUTCH AND PASSED
BY UNANIMOUS VOTE.
Bill Zagotta, 5155 Lillian Street stated that as a member of the
Airport Advisory Committee he would hope that the proposed use
would be referred to the Committee prior to any action and was
assured this would be the case.
!
...-/
CM-30-48
May 5, 1975
REPORT RE RIGHT OF
ENTRY PERMIT - PG&E
u
The Director of Public Works reported that a dispute has arisen with
PG&E over the responsible party concerning relocation of a gas line
at North lip" and Chestnut Streets. Negotiations are continuing and
during the interim PG&E has agreed to move the lines onto property
acquired by the City for customer service. No cost is involved in
this transaction.
ON MOTION OF CM TIRSELL, SECONDED BY CM FUTCH AND BY UNANIMOUS VOTE
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PG&E FOR
RIGHT OF ENTRY WAS ADOPTED.
RESOLUTION NO. 89-75
A RESOLUTION AUTHORIZING EXECUTION OF AGREE-
MENT (Right of Entry to P. G. & E.)
REPORT RE SPHERE
OF INFLUENCE
The City of Pleasanton has requested support for the adoption of
a proposed Sphere of Influence for their community and submitted
a map delineating the area.
Cm Miller stated that in the mail the Council received this evening,
there were comments from VCSD on this very item and he would suggest
that this item be continued to allow the Council to review comments
from VCSD prior to taking a stand.
ON MOTION OF CM MILLER, SECONDED BY CM FUTCH AND BY UNANIMOUS VOTE
THIS ITEM WAS CONTINUED FOR ONE WEEK.
ORD. RE EXPIRATION
DATES RE PERMITS
ON MOTION OF CM MILLER, SECONDED BY CM FUTCH AND BY UNANIMOUS VOTE
OF THE COUNCIL, THE SECOND READING OF THE ORDINANCE RELATED TO
REVISED EXPIRATION DATES FOR VARIOUS PERMITS WAS ADOPTED.
ORDINANCE NO. 863
AN ORDINANCE AMENDING CHAPTER 6, RELAT-
ING TO BUILDINGS, BY THE ADDITION OF TWO
NEW SECTIONS RELATING TO EXPIRATION OF
PERMITS, TO WIT: SECTION 6.2.3.1 TO ARTI-
CLE I, RELATING TO GENERAL PROVISIONS, AND
SECTION 6.45.l TO ARTICLE VIII, RELATING
TO THE UNIFORM MECHANICAL CODE, OF THE
LIVERMORE CITY CODE, 1959.
ORD. READOPT. OF
NATIONAL ELECTRICAL CODE
L
Cm Miller mentioned that in this particular adoption (National
Electrical Code by reference) there is also a section having to
do with expiration periods. Since we have adopted expiration
times of 90 days everywhere else he would suggest that the expira-
tion times for this ordinance also be changed to 90 days to corres-
pond with other expirations.
Mr. Street explained that this matter was discussed and since it is
not the prime permit, such as the building permit which usually con-
trols the structure that 60 days was appropriate in this case.
CM-39-49
May 5, 1975
(Ordinance re Adoption
National Electrical Code)
CM MILLER MOVED TO INTRODUCE THE ORDINANCE REGARDING ADOPTION
OF THE NATIONAL ELECTRICAL CODE BY REFERENCE, AND TO SCHEDULE
A PUBLIC HEARING FOR MAY 27. MOTION WAS SECONDED BY CM FUTCH
AND PASSED BY UNANIMOUS VOTE.
r'~
WEEKLY STATUS
REPORT - CITY MANAGER
Reclamation Plant
Mr. Parness reported that the Water Reclamation Plant Reconstruc-
tion program is progressing quite nicely and the digesters are
back in service and are having no problem.
EPA Program
The EPA has a new program which may be beneficial to us. They
are going into the training of plant operators and the training
will be provided, without cost to the City.
Next week the staff would like the Council to furnish certifi-
cates to a few of our operators who have accomplished a pro-
gression through the training ranks.
It is rumored that the EPA may be changing some of its policies
with regard to the construction of treatment plants. Theoretically,
now, they have clamped down pretty hard and they continue to do so
by virtue of areas that are considered to be in critical zones.
T~at philosophy is being counteracted, reportedly, by some other
thinking just to the need of upgrading construction. They may
be thinking about entertaining applications of the kind he feels
the Council would be interested in, to allow further considera-
tion of added capacity - if it could be reserved.
Building Permits
Twenty-four building permits were issued last week and seven of
these were for swimming pools.
Tree Farm
The City has engaged in a tree farm project on City property and
these trees will be used at the golf course and other areas where
trees are needed.
Public Works
The department supervisors are meeting with Union agents and
the Director of Public Works is meeting with the shop stewards
and business agents to talk about internal problems. We are
now getting down to the business of talking about internal
affairs and this procedure has been very productive.
Greens Committee
'I
J
The Greens Committee has been meeting regularly and reviewing
the budget. They have also been working with the County Tree
Agent and a horticulturist is preparing a tree planting plan
for the golf course.
CM-30-50
May 5, 1975
c
(Greens Committee)
Mr. Parness stated that the City has experienced problems with
evergreens at the golf course and the reason they will not grow
is becuase of the chemicals in the water used for watering out
there. He stated that the City has been advised to plant a new
type of eucalyptus tree that will tolerate the water used and
should flourish. He indicated that the new type is supposed
to be less messy than the more common eucalyptus.
Airport & Golf Course Wate~
Water for the airport and golf course has been completely trans-
ferred to Zone 7. The City well can still be used but will be
reserved for the extremely dry periods.
Building Inspections
During the month of April there were l6.5 building inspections
done, per day, per man, and according to experts in the field
a normal load is l5 inspections per day.
Southern Pacific
The City will be meeting with the Southern Pacific railroad
people within the next two days concerning the prospects of trans-
fering their soon to be vacated, right-of-way. This is for the
trackage that extends eastwardly of First Street and will allow the
relocation of First Street to that vacated right-of-way, and will
accommodate the First Street overpass.
Resurfacing Program
The staff will soon be coming to the Council with the spring resurfac-
ing program budgeted this year to the extent of $38,000. This is a
reduced amount because of other expenditures.
Holmes/Concannon Signals
The Holmes Street/Concannon Boulevard traffic signals are expected
to be in operation this week or next week.
Planning
(
~/
We are reapplying for a state grant for the supplementary 75 acres
along the Mocho channel area. We hope to acquire this area which
will comprise part of the total lOO acres. The 25 acres are
presently under property acquisition and the owner's attorneys
have reviewed our appraisal which Mr. Parness feels is completely
acceptable but with which they do not agree. They have had their
own appraisal conducted and the values are almost lOO% in disparity.
Unfortunately the City will have to go to eminent domain. This is
the Woeffel property and the difficulty lies in the fact that this
property is outside of the City and there is some question as to
whether the City has the legal right to condemn property outside of
the City.
CM-30-51
May 5, 1975
Property Acquisition Listing
Mr. Parness has previously given the Council a list of property
to be acquired for park purposes and their priorities. He stated
that he now has a map indicating the location of these properties.
He stated that he wishes the City could have a full time person
to handle the duties concerned with property acquisition. Acqui-
sition is very intricate and time consuming. He will bring the
map to the Council for review.
The staff will be meeting with the Bikeways Association to discuss
acquisition of property for bikeways and trailways and to discuss
the progress of acquisition.
The owner of the parcel of property on Wall Street adjacent to
Pioneer Park has come to Mr. Parness indicating that he would
be interested in selling to the City at the figure previously
negotiated. He has been trying to sell this land to a private
party but the private party has declined to buy the property
and it would appear that the City will purchase the property.
The property is now in escrow and the purchase should be com-
plete within a week or two. LARPD feels this will be a good
addition to the school park area, and they are very pleased
that the City is purchasing the property.
\
J
Transportation
Last week the Transportation Advisory Committee and Mr. Parness
toured the the Santa Clara County transportation system. This
is probably the largest public transportation system of its
kind in the nation and is quite a revelation. It does incor-
porate the "fixed route system" with a demand response system -
the dial-a-ride type. The Transportation Commission has decided
to discontinue the dial-a-ride (on the day they visited). He
stated that, in essence, they were overwhelmed by their success
and killed by their success. There was very little advertising
done concerning the dial-a-ride system, except by newspaper
accounts which indicated that all the public had to do was
telephone a certain number and a bus would report to their door,
pick them up and deliver them anyplace in the City for 25~. This
amounted to phone delays of up to two hours, in the beginning, and
now the Transportation Commission feels that they should only main-
tain the small busses for commuting to and from work - work rela-
ted to the transportation, for private charter, or educational
use.
The visit was very encouraging to the Livermore representatives
and afforded a great deal of very valuable information.
Weekend In-Service Training Program
Mr. Parness reported that over the weekend there was an in-service
training program produced by the Intergovernmental Management
Institute for City Department heads, concerning communication.
He felt this was one of the most valuable programs he has attended.
Mental Health
The Alameda County Mental Health Committee is having their big
kick off program next week for fund raising and will be having
a dinner at Castlewood next Monday night and they insist that
someone represent the City of Livermore.
-...-/
CM-30-52
Ci
l/
May 5, 1975
ADJOURNMENT
Mayor pro tempore Turner adjourned the meeting at 9:30 p.m. to
an executive session to discuss appointments and personnel
matters.
APPROVE
1M
)(~
May6r
/\ / /'
~t~~f:-.
ATTEST
,..:::;~~) ~ ;'"
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Clerk
vermore, California
Regular Meeting of May l2, 1975
A regular meeting of the City Council of the City of Livermore
was held on May l2, 1975, in the Municipal Court Chambers, 39
South Livermore Avenue. The meeting was called to order at
8:l0 p.m. with Mayor pro tempore Turner presiding.
PLEDGE OF ALLEGIANCE
Mayor pro tempore Turner led the Councilmembers as well as those
present in the audience, in the Pledge of Allegiance.
ROLL CALL
Present: Cm Turner, Miller, Futch and Tirsell
Absent: None (One Seat Vacant)
PROCLAMATION - BUDDY
POppy SALES MONTH &
NURSING HOME WEEK
Mayor pro tempore Turner proclaimed May l3th to June 13th, Buddy
Poppy Sales Month and the week of May llth, National Nursing Home
Week, in the City of Livermore.
MINUTES
Special Meeting - April 28th
Cm Tirsell noted that she was present at that meeting and the
minutes indicate that she was absent.
April 28, 1975
Page 23, second paragraph under Council Reorganization should
read: Cm Futch stated that the reorganization has always taken
place in public before...etc.
ON MOTION OF CM TIRSELL, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE THE MINUTES FOR THE MEETING OF APRIL 28, 1975, WERE APPROVED,
AS CORRECTED.
CM-30-53
May 12, 1975
COUNCIL REORGANIZATION
Mayor pro tempore Turner stated that the Council has been over
the matter of Council reorganization and he feels his position
on this item has been made clear from newspaper accounts over
the weekend.
CM TIRSELL MOVED TO NOMINATE CM FUTCH AS MAYOR, SECONDED BY MAYOR
PRO TEMPORE TURNER AND PASSED BY UNANIMOUS VOTE.
\
.J
Mayor Pro Tempore Turner stepped down at this time, and Mayor
Futch took the chair.
CM TIRSELL MOVED TO NOMINATE CM TURNER AS VICE MAYOR, SECONDED
BY CM MILLER AND PASSED UNANIMOUSLY.
LIVERMORE AIRPORT
MASTER PLAN STUDY
Bill Bennett, Chairman of the Airport Planning Committee, stated
that Bill Zagotta, member of the Committee is also present and
they wish to speak to the Council in consideration of the prelimi-
nary study of the Airport Master Plan. He stated that the Council
is not to take any action at this time but this is a matter of
information for the Council and they will proceed and plan to
reach completion of the plan in about three months. The objective
of the study is to provide guidelines for future development at
the airport.
Mr. Bennett gave history concerning the airport which at one
time was located at the site the PX Shopping Center presently
occupies. During World War II the government purchased 360
acres there and designated it as an emergency landing field and
at the end of the war GSA offered the 360 acres to Livermore for
$1 but to be maintained as an air field. The City exercised this
option and maintained it as a municipal airport. An Airport Com-
mission was established and they concluded that the airport should
be relocated to the Greenville area but professional help suggested
a centrally located airport would be more advantageous to the whole
area. The airport has grown from a $1 investment into a $3 million
enterprise in an area that is convenient with respect to highway
access and is aesthetically pleasing to this valley.
August Compton, consultant , indicated that a progress report is
being presented to the Council and it is hoped that dialogue
will take place between the Councilmembers and the consultants
as well as the staff. He then introduced members of his staff
who have been involved in the planning project.
Mayor Futch stated that this is a joint meeting between the Con-
sultants, Council and the Planning Commission who are also sitting
with the Councilmembers and whom he introduced to the audience.
Mr. Castas explained that, basically, an airport master plan is a
plan representing the planner's concept of the ultimate develop-
ment of the airport and effectively presents research and logic
from which this plan evolved including a graphic and written report.
The broad objective of the Master Plan is to provide guidelines
for future development and to try to be compatible with the environ-
ment and the goals of the community and to also satisfy the avia-
tion demands forcasted. Generally speaking the plan serves as a
roadmap for the potential development and any projects based on ~
this plan will be decided upon in the future and predicated upon
having three elements during the City process which Mr. Bennett
originally eluded to - the need, desire, and capability.
CM-30-54
c
l
May l2, 1975
~r~et.k-) . (Livermore Airport
'~,~ Master Plan Study)
OKC~'-'
The concept plan was based on the aviation demand forecast and socio-
economic data which has been summarized in their report. The
Livermore airport service area is that area contained in the
Livermore-Amador valley, which he illustrated on the map. The
present population of this area is approximately l28,000 and based
upon "Series6X." projections of the Alameda County Planning Department
the population projections for 1995 are 245,000. Correspondingly,
the number of households will increase from 37,000 to 77,000. The
economic base for the Livermore airport service will continue
helping anticipated population growth in its expansion. It will
remain primarily suburban economy with heavy commute to the urban
core for employment. The local economy will continue to be strongly
enfluenced by LLL: however, manufacturing and wholesale trade will
become increasingly important. Retail and service sectors of the
economy will expand to meet the needs of the increasing number of
households.
From the socio-economic base the aviation demand is determined and
projected. In 1974 there were approximately 219 based aircraft at
the airport with l65,000 operations - landing or takeoff. Based
on an ownership ratio of 6.5 per l,OOO households it is estimated
that there should be 500 based aircraft by 1995. This represents
a 4% increase growth rate, annually, vs. 4.5% for Alameda County,
4.2% for the Bay Area and 3.9% for California. Aircraft operations
are forecasted to increase to 340,000 which represents an approximate
doubling. No commercial activity is anticipated but there is a
potential for scheduled air taxi or commuter service.
With respect to the environmental impact, the two most important
concerns were those associated with the airport - the primary con-
cern being the noise impact. It was desirous not to have any noise
impact and they are describing noise impact as that area identified
with the projected 65 CNEL (community noise equivalency level) or
the methodology involved in determining aircraft noise impact on the
community. Upon existing residential community east of the airport
and southeast of the airport it was the goal to decrease or main-
tain any pattern overflights over the existing community.
While the normal growth of the airport, relating to air pollution,
will cause an airport related emission their study utilizing the
BAAPCD has determined that the increase in emission related to the
airport will not exceed federal state standards, with the excep-
tion of emissions presently exceeded.
Another parameter of development was the socio-economic impact and
relating to Concept V there will be a relocation of six fairways on
the Las positas Golf Course because of a proposed runway extension.
The approach area is a recommended land acquisition, by the City,
for compatible development around the airport, and another improve-
ment in Concept V is the parallel runway.
Additional land requirements for the total planning include about
84 acres in the south apron and taxiway system and 36 acres for
the clear zone - clear zones are mandatory requirements by the FAA
for the protection of the airport on the approach and compatible
land uses in the area.
The major cost of the concept is a total of approximately $4 million
and we would be eligible for federal matching funds of up to 80% or
more and additional California airport program funds aid of lO% for
the project. The program represents the ultimate development within
a 20 year period and basically is inherently flexible.
CM-30-55
May l2, 1975
(Livermore Airport
Master Plan Study)
The parallel runway is anticipated to become a reality within lO years
or thereafter, if their forecasts are correct, at which time those
operations would reach a peak and the parallel runway would be a
necessity.
...~
At this point preliminary land use recommendations have been developed
and generally speaking the consultant concurs with the General Plan
proposals for both Livermore and Pleasanton. It is recommended that
land be acquired for the clear zone, approach area, with recommenda-
tions for compatible uses in the approach areas.
The location of existing residential areas to the east precluded
any type of development of the airport to the east. The existing
agricultural zoning in that area should be continued based upon
the present and potential noise impact. The presently proposed
residential use in the General Plan in the areas to the east should
be eliminated, which he illustrated on the map. The possible west-
ward expansion of runway will require the City to relocate portions
of the golf course into the Pleasanton Sphere of Influence and the
acquisition of land for the runway and approach area will allow
the shift.
Cm Tirsell stated that she found the report from the consultants
very interesting and did read it in detail but questioned Series
"B" population predictions from the County. She stated that she
is aware of the Series "E" and "D" which we use and the "EO" but
is not sure about Series "B".
Mr. Cone explained that "E" and "0" predictions are those which
come from the State Population Research Office and late last
year the Alameda County Planning Department undertook a set of
studies of their own and came up with some revised estimates
which are slightly lower (between liE" and "D") and were very
conservative figures. The consultants chose to take the most
conservative sets of figures for projections.
_ WI Jl
/::: ~-
Cm Miller pointed out that Alameda County's Series '~' isn't
relat~d to the Departme~t of Finan:e1so the .figure. ~~~ not
fall 1nto the numbered 1 tems. rL./~~ 1ffit.re&
Mr. Cone explained that the l57,000 population pr~ection for
1990 is the Alameda County projection for the Livermore-Amador
Valley and since our service area is larger than that and since
our projection goes to 1995 the consultants took the liberty of
taking the County projections and extending them to the 1995
period and utilizing the Contra Costa County median projection
for the San Ramon Valley portion within our service area - this
is where the 245,000 household counts came from.
Cm Turner asked about the forecast for the largest aircraft
the airport will handle after its expansion and Mr. CaB~as
indicated that the largest aircraft that could be handled
would be the same as what can presently be accommodated.
There will not be larger aircraft allowed.
Mr. Castas explained that the two determining factors in allow-
ing a certain size of aircraft would be l) length of the
runway and 2) the weight bearing capacity of the runway.
-_/
CM-30-56
May 12, 1975
(Livermore Airport
Master Plan Study)
The length of the runway will be longer but the weight bearing
capacity will not be increased. This means that an aircraft
larger than the F-27, presently operating there, cannot be accommodated.
u
Commissioner Simonen asked if there had been consideration that
there may be less noise in a larger area when the 65 CNEL was
determined.
Mr. Cone explained that we are mandated by the state to work under
the methodology that has been developed. CNEL does lack some defini-
tive answers but is the best they have to work with. The areas
studied concerning noise impact fall within the CNEL. The CNEL
is a determination based on four factors:
1) type of aircraft flying into the facility,
2) time of day,
3) runway or flight pattern being used; and
4) present wind conditions
Obviously there will be single event noises that will exceed the
CNEL oontour but basically the 65 CNEL is a representation of
these factors.
Discussion followed concerning the noise level and decibels, and
the area planned for residential development in accordance with
the General Plan.
Cm Miller stated that he feels the population projections are too
high and the state is limiting sewer capacity, substantially. It is
not clear that they will ever exceed more than l40,000 and it may be
substantially less. Secondly, there was mention of the Bay Area
growing at 3.5% but it is, in fact, growing at only l% at present.
Mr. Castas explained that he was giving aircraft projections and
not population projections.
ern Miller pointed out that he feels the number of aircraft will
decrease either because of fuel costs or shortage of fuel so that
by 1990 there will not be as much airplane usage as there is at
present because of operating costs and this does not seem to be
something that was taken into account. He stated that it is a
relatively new phenomenon.
Cm Miller added that it was not clear to him from reading the
report what was meant with respect to air pollution and the
airport.
Mr. Cone stated that they have met with the BAAPCD on developing
the air pollution data for the Livermore Municipal Airport and
right now they are using the maximum concentrations. The state-
ment was that if you took away the background (contaminants that
come from the Bay Area) airport emissions from auto access and
aircraft (including automobiles going to the airport and golf course)
do not exceed the federal standards now or in the future, with the
exception of organics.
L
Cm Miller noted that the pollution from the Bay Area is here and
we can't take it away.
Mr. Cone explained that this is true but Livermore's emissions
combined with the background does not exceed the standards or
is comparable in most cases. He stated that each contaminant
has to be taken as a separate analysis as to the standards.
CM-30-57
May l2, 1975
(Livermore Airport
Master Plan Study)
The consultant further explained that they overstated the number of
emissions because they took the entire take-off and landing
cycle condensed into the 1 sq. kilometer. They felt that by
overstating the emissions, in the final calculations they should
be under the standard amount allowed. The BAAPCD is happy with
the data and now they can refine the data and come up with terms
that are easier to understand.
t~
It was noted that the most conservative figures were used because
at the time the study was being prepared observations were made of
recommendations for no growth or letting growth continue on its
natural curve, and at this point either position could be taken.
with respect to shortage of fuel, it has been found that there is
actually more flying being done and there is an increase in the
growth of the number of aircraft with the rise in gasoline prices.
Essentially, with the rise in gasoline prices it becomes more ex-
pensive to operate an automobile than the cost of operating an
aircraft.
One member of the audience indicated that it would seem the runway
would have to be enlarged from 5,000 ft. to 7,000 ft. and it was
noted that it would not.
Cm Miller asked if this presentation has been made to the City of
Pleasanton and Mr. Castas replied that it has not, as yet, but it
will be.
RECESS
Mayor Futch called for a brief recess after which the Council
meeting resumed with all members of the Council present.
OPEN FORUM
(Election of Mayor)
Gib Marguth, 1152 Farmington Way, stated that he would like to
suggest a compromise between direct election of a Mayor and
selection of a Mayor among the Councilmembers: At the next gen-
eral municipal election advisory questions should be placed before
the electorate. l) Shall the electors of the City of Livermore
require that the candidate for City Councilmember receiving the
highest number of votes be selected by the other four Councilmembers
to serve as Mayor until the next municipal election? If adopted the
policy shall remain in effect until it is again submitted to the
electorate and amended or repealed. 2) Shall the Mayor receive a
salary at twice the amount received by the other four Councilmembers?
In 1968 the majority of the Council voted in favor of allowing
the public to elect a mayor but two of the Councilmembers had
just recently been elected and that Council concluded that it
would be best to delay a possible referendum until a later date.
Since that time no majority Council has favored direct election.
Mr. Marguth added that the Council has seen little need for chang-
ing to the process of direct election of Mayor but there are people
who feel it is time that the people should directly elect the Mayor,
even though the present system has worked reasonably well and the
quality of our Mayors has been a reflection of the generally high
caliber of individuals who have been elected as City Councilmembers.
)
--.-/
Mr. Marguth stated that he as well as Bob Pritchard and other voters
feel that the electorate should be allowed to participate in the
selection of our Mayor and they have reached this conclusion because
the Mayor is more than just the Chairperson at Council meetings and
the first among equals.
CM-30-58
May 12, 1975
(Electing a Mayor)
Those who have served as Mayor know that the office carries with it
much prestige and influence that is exerted throughout the County
and beyond. Many people feel that the Mayor is the spokesperson
for the City and the selection should not divide the Council.
."'--..
The Council, over the past few years, has rejected the normal process
for direct election of Mayor, as is practiced in other general law
cities and has refused to place the issue on the ballot. Most students
of Livermore government believe it would be overwhelmingly endorsed
by the electorate, as long as a large salary would not be involved.
If the legislature will not act there are those who are prepared
to circulate petitions and call for a vote on this important issue.
He stated that in order to ex~edite matters he would suggest that
questions concerning this matter be placed on the March 9, 1976,
General Municipal Election.
(Trash Containers)
John Regan, stated that he would like to thank the City for the trash
containers now located in front of National Auto Glass. Papers from
the BART bus commuters are being deposited in the receptacles.
(Excessive Bldg. Fees)
Mr. Regan, 672 South "N" Street, stated that on two previous occasions
he has appeared before the Council to discuss what he feels to be
excessive building fees to obtain a building permit.
a) ~he present fee schedule represents unfair taxation against
the young people and the elderly. It would be better to
charge everyone rather than to take advantage of the lower
income families and the elderly. In his business he sees
that it is increasingly difficult for young people to get
started and the savings of the elderly are being diminished.
b) The City spends a great deal of money for acquisition of
parkland which cannot be maintained. He stated that if
parks can't be maintained, why should we have them? He
would like to urge that the City adopt a strong, stout
anti-liter ordinance with teeth in it.
c) Mr. Regan suggested that in addition to a provision for
parking space for large trucks, perhaps there could be
additional provisions that would allow people to take
their cars there to work on them, rather than working on
them in the street.
Cm Miller stated that the point made by Mr. Regan about an anti-liter
ordinance is very well taken but one of the problems with this type
of ordinance is that they are very hard to enforce. He stated that
he will, however, try to pursue this matter because the point is very
well taken.
CONSENT CALENDAR
"-
Report re Annual
Street Resurfacing
Council authorization is requested to call for bids on the 1974-75
Street Resurfacing Project estimated at $28,750 for the resurfacing
of a portion of Murrieta Boulevard and El Caminito.
Mr. Lee explained that the portion on Murrieta is creek fill area
and was originally surfaced by a contractor. Even though the street
is only about 10 years old differential in settling has occurred and
resurfacing is necessary.
CM-30-59
May l2, 1975
(Street Resurfacing)
em Miller stated that if this is the case it should have been
rejected by the soils engineer originally and Mr. Lee indicated
that this is correct - it should not have been accepted and the
job was inadequate but nevertheless it was accepted.
RESOLUTION NO. 90-75
RESOLUTION ACCEPTING AND APPROVING PLANS AND
SPECIFICATIONS ASCERTAINING WAGE SCALE AND DI-
RECTING CITY CLERK TO ADVERTISE FOR BIDS.
(1974-75 Street Resurfacing Project)
Report re Final
Improv. Tract 332l
Public works improvements for Tract 3321 have been completed in
accordance with the approved plans and City specifications and
it is recommended that the Council adopt a resolution accepting
future maintenance.
RESOLUTION NO. 91-75
A RESOLUTION AUTHORIZING FINAL ACCEPTANCE
OF TRACT 332l
Minutes
The minutes from the Design Review Committee for their April 29th
meeting and minutes from the Planning Commission for the meeting
of April 29th were submitted to the Council.
Cm Tirsell commented that there seems to be some confusion con-
cerning the height of the lights for the intersection of First
Street and North Livermore Avenue and it was noted that the
lights are to be the same height as the lights on Second Street
because in time all of the First Street lights will be converted
to the type used on Second Street.
Payroll & Claims
There were 95 claims in the amount of $86,42l.76, dated April 30,
1975, approved by the City Manager.
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE
THE CONSENT CALENDAR WAS APPROVED.
MATTERS INITIATED
BY THE STAFF
(Council Agenda)
The City Clerk commented that it is becoming increasingly difficult
to get the expanded agenda folder to the Councilmembers on Wednes-
day after the Monday meetings and asked if it would create a hard-
ship to get the agenda out on Thursday, occasionally.
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE
THE COUNCIL APPROVED THE POLICY OF EXTENDING THE DAY FOR RECEIVING
AGENDAS TO THURSDAY.
CM-30-60
~
Q
May 12, 1975
(ACAP/ACTEB Funds)
Mr. Parness stated that a couple of weeks ago a Mr. Sandles
spoke to the Council about a training program funded through
ACAP/ACTEB and the Council endorsed the program, in principle,
for machinist training.
. "
L;
Mr. Sandles has requested that the item be mentioned to the
Council once again and Mr. Parness has spoken with the ACAP people
and has reviewed the application by Mr. Sandles. It is the
opinion of the ACAP staff that it would be inappropriate to
endorse a project like this and very little is being done by the
official local agencies. This particular application has very
little chance for success because of the amount of money that will
be allocated for the valley community, noMe of which is to be used
for this type of project, i.e., on the job training, but rather is
to be devoted to other types of things such as work experience.
Cm Tirsell stated that as a member of the ACAP Board she
would suggest that the Council take no position on any
application for ACAP/CETA funding projects, prior to re-
view by the ACAP Advisory Committee. She added that the
individual Councilmembers may know of certain groups that
they feel should receive funding for a particular project
and if this is the case they should, as an individual, con-
tact the Advisory Committee, by letter.
(Joint Meeting with
Planning Consultants)
Mr. Parness commented that there is a joint meeting between
the Council and the Planning Commission scheduled for Wednesday,
May l4th, at 8:00 p.m. at the Airport Administration building
with the planning consultants.
(Mailboxes)
Cm Turner stated that he attended the Mayors Conference at
which time the curbside mail delivery was discussed and it was
concluded that they would again adopt a motion opposing the curb-
side delivery.
At the meeting Cm Turner suggested that alternatives be suggested
to our legislators and he was asked to draft a letter to be sent
to Washington D.C., and with the Council's permission he will send
the letter to the Mayors Conference Secretary for forwarding.
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE THE COUNCIL APPROVED THE LETTER TO BE SENT TO THE LEGISLATORS.
(Council Organization)
Cm Turner stated that very soon the Council will be discussing
Council organization and would suggest that at that time or shortly
thereafter the Council discuss the category of Council goals or
Mayor's goals during the coming year with the concept of folding
it in with the budget.
c'
(Funds for Transportation)
Cm Miller stated that he read in the newspaper that there are trans-
portation funds available for transportation for the elderly and won-
dered if the Transportation Committee has investigated the possibility
of obtaining some of these funds.
CM-30-6l
May l2, 1975
(Transportation Funds)
Mr. Parness replied that the Transportation Committee has not been
involved in this particular matter but the staff has been in contact
with the Alameda County Commission concerning the subsidized taxi
service and Cm Turner has given the staff a great deal of information
that is being reviewed.
Cm Miller stated that he would hope Livermore could receive some of
the funds but if nothing else, we could support Pioneer Lines to
provide transportation to the elderly because this really is a major
issue concerning the Springtown people.
i.,~
(Pleasanton Sphere of
Influence)
Cm Miller feels it is difficult to come to an informed decision about
Pleasanton's Sphere of Influence without a copy of the LAFCO staff
report and without a copy of the EIR and asked that the staff try
to obtain copies of these.
(Council's 5 Min. Rule)
em Miller stated that he feels it would be very helpful if the local
newspapers would explain the Council policy concerning the five minute
speaking rule because there seems to be a great deal of misunderstand-
ing.
The Council policy allows people an opportunity to speak and the rule
states that a presentation lasting longer than five minutes should be
in writing and submitted to the Council prior to the meeting so that
the Council may reflect upon what the speaker has to say and comments
by the speaker can then be summarized before the Council, within the
five minutes allowed. He added that the City of Livermore has always
allowed the public to speak and they prefer that the public continue
to be allowed to do so. There are many cities who do not allow the
public any input except for public hearings.
(Buenas Vidas Project)
Cm Tirsell stated that COVA has voted to support the Buenas Vidas
Youth Ranch Project at the Del Valle Sanitorium site and COVA will
undertake a mailing to all interested private and public bodies
who can see potential use for the site. An event will be held on
June 7 at 10:00 a.m. at the site and COVA is inviting anyone who
might be interested in offering input as to how the buildings
should be preserved and what uses should be allowed at the site.
(COVA Discussion -
One Valley City)
ern Tirsell stated that COVA has set a study concerning a one valley
City and she has appointed a task force to review all the implica-
tions. The study will begin July lst.
(Airport Master Plan)
,~
Cm Tirsell stated that the City of Pleasanton has asked that there
be a presentation on the Airport Master Plan and the COVA Directors
indicated they would like to see a presentation made to Pleasanton.
This meeting will take place next month and in return the COVA Board
has asked that Pleasanton present the Stoneridge Shopping Center and
implications concerning Valley environment and affects on general
business and economy in the Valley.
CM-30-62
May l2, 1975
(COVA Budget)
L/
Cm Tirsell stated that COVA cannot prepare their budget until
they know that there are commitments from other cities to support
them and would suggest that the City adopt a resolution setting
a sum, not to exceed $4,000, for support of the COVA Agency, as
was done last year. She indicated that only $l,500 of this was
spent but COVA does need to know what they have to work with.
CM TURNER MOVED TO APPROVE $4,000 FOR SUPPORTING COVA FOR
NEXT YEAR'S BUDGET, SECONDED BY CM MILLER AND PASSED UNANIMOUSLY.
(Isabel Parkway)
Cm Tirsell asked if anything has been done with respect to reserv-
ing land for the Isabel Parkway and Mr. Parness replied that the
appraisal is underway and we need this figure before approaching
the County.
Cm Tirsell stated that apparently there has been no response from
EPA or the State Water Quality Control Board so we don't know if
they have a population limit for the Valley or how they intend
to disperse the Clean Water Grant funds and would like our Council
to discuss subnitting to LA~~, our request to discuss sewer
expansion, proposed and pending, for the Valley: how funds will
be expended and what cities will receive what funds; and what
cities will have excessive population beyond the funding.
em Tirsell commented that she would like the press to understand,
when writing about this item, that these are not expansion grants
but rather clean water grants with $600 million available to the
State of California and there must be a very clear purpose in
applications for cleaning up water and effluent of current treat-
ment plants.
(Parking - Gen. Plan)
Cm Futch stated that he has talked to the Transportation Committee
concerning parking management and wondered if this is being con-
sidered in the General Plan by our consultants and Mr. Parness
indicated that he would hope so and will bring this to their atten-
tion.
COMMUNICATION RE
STREET LIGHTING
Earlier in the meeting it was noted that the lights for the inter-
section of First Street and Livermore Avenue should be consistent
in height with those on Second Street because in time the First
Street lights will be changed to conform to the Second Street lights.
COMMUNICATION FROM VCSD
RE SEWER MATTERS
( .
~/
The Council received a copy of a summary of VCSD's position con-
cerning sewer matters in the Amador Valley.
Cm Tirsell felt it would be useful to send VCSD copies of the
letters the City have sent to EPA and to the State Water Quality
Board, so that VCSD will know what our concerns are concerning
sewer matters.
CM-30-63
May 12, 1975
COMMUNICATIONS RE
COUNCILMEMBER APPOINTMENT
Letters requesting that the Council consider Ray Faltings to fill the
Councilmember vacancy were submitted by Rose Guido, 1855 Fifth Street,
and Barbara Enos, 403 Junction Avenue.
RE PROPOSED Z.O. AMEND.
RE STORAGE OF TRAILERS
.~..~
Mayor Futch stated that it is his understanding that the basic
difference between what the Planning Commission is recommending
and what Cm Miller has recommended is that the Planning Commission
would allow storage of trailers, boats, etc., in those residential
zones where there is not access to the rear - RL-5, RL-5-0 and RL-6.
Cm Miller stated that there is another fundamental basic difference
which is that the recommendation of the P.C. is inconsistent with
the public vote taken on this issue and the amendments offered by
him are consistent with that public vote.
Cm Turner asked if unmounted campers would be allowed in the front
yard and Cm Miller stated that they would not - that was the whole
point. A car, truck or mounted camper would be allowed if it is
less than lO ft. high and less than 19 ft. long.
Mayor Futch stated that the Council must make a decision as to
whether it will agree with the recommendations of the P.C. or
with those made by Cm Miller.
Cm Miller stated that it is a question of whether the P.C. draft
will be adopted or whether a draft, consistent with the public vote,
will be accepted.
CM MILLER MOVED THAT THE COUNCIL ADOPT THE DRAFT AMENDED, TO BE CON-
SISTENT WITH THE PUBLIC VOTE, MOTION DIED FOR LACK OF A SECOND.
Cm Turner stated that it is very difficult for him to tell someone
that they cannot place their trailer in a front yard, particularly
when they cannot get to the back yard. Many of the homes do not have
sideyard storage because the side yard is not sufficient.
Mayor Futch stated that he would like to suggest different wording
for B. (l), as follows: The observed parking of any vehicle, trailer,
or similar equipment at the same approximate location at two successive
times within a one week period, not less than seventy-two (72) hours
apart shall be deemed to be storage.
Mr. Musso explained that the time period (within one week) was dis-
cussed at length by the P.C. and they concluded that it might be
possible that a complaint might be received and a recheck might not
be made for possibly 7-8 days after the complaint was made.
Mayor Futch stated that he doesn't really feel strongly about specify-
ing one week but felt some time limit should be mentioned - the mini-
mum is 72 hours but there should be some type of maximum. There may
be storage for a year.
Mayor Futch suggested that the wording be changed to "within a two
week period" rather than one week if this seems to create a problem.
i
I
-/
eM TIRSELL MOVED TO ADOPT THE P.C. RECOMMENDATIONS WITH THE NOTED
CHANGE MADE BY ~1A YOR FUTCH, SECONDED BY CM TURNER.
CM-30-64
May l2, 1975
(Trailer Storage)
Mayor Futch pointed out that the intent of the P.C. was that this
would apply to zones where access to the rear is not provided.
u
Cm Turner wondered what the P.C. recommendations would prohibit
and Mr. Musso stated that this would prohibit the storage in a
front yard for more than 72 hours within a two week period. The
exceptions would be in the RL-5, RL-5-0, and RL-6 Zones. The
majority of the homes in these zones do not have back yard access.
Ruth Schrawyer, 680 Meadowlark, stated that they have a camper
that is parked in their driveway because they do not have sideyard
access and there is nowhere to store it. She stated that camping
is something her whole family enjoys and it is becoming expensive
and if they have to pay to store it elsewhere they would have to
give it up. She felt people should have the right to store their
belongings on their own property.
Mayor Futch stated that he believes Meadowlark is one of the zones
in which people would be allowed front yard storage.
Robert Malone, 1357 Saybrook, stated that in effect, the Planning
Commission is suggesting that if you don't want to live in an area
where trailer storage in the front is allowed one must move to a
newer area where sideyards are provided and would be an expense
to the individual. Regardless of how close the vote may have
been, ~t did indicate that an ordinance restricting front yard
storage was a desire of the people. He stated that he is re-
stricted from doing certain things such as placing an 8 ft.
fence around his lot so that he won't have to look at trailers
stored in front or removing a City tree which he is required to
maintain.
Cm Turner remarked that he feels the Council is not really going
against the wish of the people and that what people wanted was
for some of the things to be cleaned up and he feels the ordi-
nance proposed will satisfy most of the problems.
Cm Miller stated that most of the complaints he has received
about trailers and campers have come from the zones which will
now be permitted front yard storage. He stated that he would
also like to point out that the RL-5, RL-5-0 and RL-6 zones
represent a major fraction of the City and also a major fraction
of the vote. '
L
1) Every City in the County, with the exception of Hayward, has
an ordinance that corresponds roughly with the way the people
voted here in Livermore and the amendments he has proposed:
2) storage facilities are available. Also, Mr. Malone has
made a point in that properties in these zones will be adversly
affected by allowing storage in front yards.
Cm Miller added that there was a public vote against front yard
storage, as well as very organized support for front yard storage
and there were valid arguments presented from both sides. l1hen
everything was over with the vote was in favor of eliminating front
yard storage and in his opinion in our American system if there is
only one vote more than the majority it is nonetheless a win. He
would argue that for the Council majority to go contrary to a well
advertised public vote is a public disgrace.
MOTION PASSED 3-l (Cm Miller dissenting) .
CM-30-65
May l2, 1975
Res. Auth. Exec. of
Agreement - H. L. Kamp
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE
THE RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH FRANCES AND
H. L. KAMP WAS ADOPTED.
RESOLUTION NO. 92-75
.~
A RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT (Harold L. and Frances R. Kamp)
PROPOSED SPHERE OF
INFLUENCE FOR VCSD
AND PLEASANTON
Cm Miller noted that earlier in the meeting he mentioned that
prior to coming to a decision on the matter of the Sphere of
Influence for VCSD and the City of Pleasanton, we should have
the EIR and LAFCO report and MOVED TO CONTINUE FOR ONE WEEK,
SECONDED BY CM TURNER AND PASSED BY UNANIMOUS VOTE.
RE S. RE CRH1E
CONTROL PROGRAM
Mr. Parness commented that he has furnished the Council with a
great deal of information concerning the crime control program
which is rather inclusive but essentially what is being recommended
by the staff is support from the Council for continuance of the
Criminal Justice Planning Program for the state. Apparently the
governor has withheld substantial funds from the program because
he has decided to take issue with it. Our City has benefited sub-
stantially from the program and this would be an endorsement for
continuance, with the recommendation that there be more local con-
trol in the administration of the grant programs.
eM MILLER MOVED TO ADOPT A RESOLUTION URGING RETENTION OF THE
PROGRAMS, SECONDED BY CM TIRSELL.
Glen Strahl, 768 Adams Avenue, asked that the Council not approve
the resolution. He stated that there is a struggle for control of
money at the state level between the governor and the regional boards
and it is affecting us as to whether we will be able to continue our
programs. This is not an isolated situation and we are struggling
with other agencies over money for other programs. This is money
that has come from the taxpayers and if the money was in our local
treasury we wouln't be fighting to have our programs continued.
MOTION PASSED BY UNANIMOUS VOTE.
RESOLUTION NO. 93-75
A RESOLUTION URGING RETENTION OF THE LAW EN-
FORCEMENT ASSISTANCE ADMINISTRATION PROGRAMS
REPORT RE AB 625
Mr. Parness indicated that the Council had asked that this item
be continued from the last meeting so that there could be review
of action taken last year with respect to AB 2040 which was about
the same as AB 625 concerning Bay Area Planning. He stated that
the primary difference is a strong amendment which happens to be
the most controversial issue of all - the "super mayor" concept.
J
CM TIRSELL MOVED TO WITHHOLD SUPPORT OF AB 625 UNTIL THE CONCEPT
OF A SUPER MAYOR IS WITHDRAWN FROM THE BILL. MOTION WAS SECONDED
BY CM TURNER.
CM-30-66
May l2, 1975
(re AB 625)
Cm Miller stated he would have made the motion differently and
would suggest wording such as: The Council supports the funda-
mental concept of AB 625 but oppose the whole issue unless the
"super mayor" is removed.
L;
Cm Tirsell indicated that this was the intent of her motion.
MOTION PASSED BY UNANIMOUS VOTE.
(COMARC)
REPORT RE GRUNWALD-CRAWFOro
PLANNING CONTRACT AMENDMEN~
The City Manager reported that the planning consultants for the
General Plan have urged the City's formal participation in some
technical computerized land information system produced by COMARC
(Computerized Planning Information System). This system discloses
a wide variety of information pertaining to planning and land use
for our community and translates from computer files to maps sub-
divided into a grid system. The matter has been defined and maps
have been displayed for review by the Council in the past.
In accordance with Council direction the staff has negotiated with
the consultant a division of cost for this work and it is proposed
that a cost be borne as follows: 2/3 by the consultant, l/3 by the
City of Livermore with a maximum expense of $5,000 to the City.
Ron Walters of COMARC Design Systems, stated that the use of the
computer in the General Plan process would be an extension of
what Grunwald-Crawford's contract calls for but would allow them
to go into more depth than would otherwise be possible. The cost
to Grunwald-Crawford would be $15,000 and if this system is used
it will be used to produce the suitability map to be used in the
General Plan. He stated that there is cost involved in keeping
maps up to date and the cost will be less by using this method
because it happens to be very time consuming to take old maps
and change them or to have to redraw a map and change data, while
punching a couple of new IBM cards is very quick. He commented
that updating material by the new system would cost about $1,000.
Cm Miller stated that he would like to suggest that prior to
giving formal approval to this contract, it should be reviewed
by persons with computer experience to make sure the wording of
the contract will get something for the City that will be of value
and not just boxes of computer cards or computer tapes. He suggested
that if there is approval it be subject to review by knowledge-
able people
CM MILLER MOVED TO APPROVE THE CONTRACT, SUBJECT TO REVIEW BY
SOMEONE WITH PROGRAMMING ABILITY AND IF THERE ARE CHANGES IN
THE WORDING THIS CAN BE WORKED OUT DURING THE WEEK.
Mr. Walters stated that they would be agreeable with this motion.
MOTION WAS SECONDED BY CM TURNER AND PASSED BY UNANIMOUS VOTE.
RESOLUTION NO. 94-75
(
A RESOLUTION AUTHORIZING EXECUTION OF
AMENDMENT TO AGREEMENT (Grunwald,
Crawford & Associates)
REPORT RE AIRPORT
LEASE AMENDMENT
Mr. Parness reported that the lessees on the two airport lot sites
where buildings are situated are attempting to have financing
CM-30-67
May l2, 1975
(Airport Lease Amend.)
transferred to a lending institution and this has been with a great
deal of difficulty. The lessees have come to the staff with the
prospects of this being done but the institution that will be the
lender has required of them that the lease be modified so that they
will now exercise their option to extend their lease for an additional
lO years past the date of the expiration term. That, in essence, is
what this request is for. The staff is asking that the Council
approve a resolution accepting that option.
J
ON MOTION OF CM TIRSELL, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE, THE RESOLUTION WAS ADOPTED AS REQUESTED.
RESOLUTION NO. 95-75
CONCONSENT TO ASSIGNMENT OF LEASES
(Eschen, et al to Airport One and Airport Two)
REPORT RE AGREE.
AMEND. - DANAT INVEST.
The City Manager reported that the agreement between the City and
Danat Investment Company was for improvement of industrial properties
off of Vasco Road and there were some requirements and a CUP that
Naylor Avenue be improved within five years or at such time as the
property across the street improved. A bond was to be posted with
the City insuring that this be done and just recently the company
has come to the City to report that the plant is finished and they
want the building to be occupied.
with respect to Naylor Avenue, Danat has concluded that they will
do the necessary street improvements this year and therefore they
have asked permission to modify the permit changing the five year
term to one year and thereby changing the bond requirements from
five years to one year.
CM TIRSELL MOVED THAT THE COUNCIL ADOPT A RESOLUTION AUTHORIZING
THE AMENDMENT, SECONDED BY CM TURNER AND PASSED BY UNANIMOUS VOTE.
RESOLUTION NO. 96-75
A RESOLUTION AUTHORIZING EXECUTION OF
AMENDMENT TO AGREEMENT (Danat Invest-
ment Company)
REPORT RE VCSD
SOLID WASTE AGREEMENT
Mr. Parness reported that VCSD has contacted the City and they are
ready to enter into an arrangement with the same rubbish collection
firm as our City has and VCSD would like to specify that the same
rubbish site used by our City be used by them which is a site along
Vasco Read owned by Ralph Properties, Inc.
The City's original contract with Ralph Properties, Inc. indicates
that in the event their permit is withheld by governmental authori-
ties they would guarantee that the property would be transferred to
the City for operational rights so the service of the disposal site
would not be interrupted. All the agreement with VCSD says, is that )
the City of Livermore would still allow VCSD to use the site in the -/
event the City takes over the operation or legal title of the dump
site.
CM-30-68
May 12, 1975
(VCSD - Solid Waste)
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE, THE RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH
VCSD WAS ADOPTED.
G
RESOLUTION NO. 97-75
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
(Valley Community Services District)
RECESS
Mayor Futch called for a brief recess, after which the Council
meeting resumed with all members of the Council present.
ORD. RE APPT. OF
COUNCILMEMBER FOR
SPECIFIED TERM
Cm Miller stated that he has asked that an ordinance be drafted
to appoint a Councilmember for a specific term because the
Council has the legal authority to make an appointment to
fill out a three year term which he feels has no advantages.
Many people feel the Council should hold an election to fill
the vacancy created by the resignation of Bob Pritchard, and
there is merit to that proposal but unfortunately this would
cost the City something in the order of $lO,OOO. -:i!l.!iEBIC~/.
The proposed ordinance would allow for a short term appoint-
ment and allows the Council to proceed but also provides for
an election fairly soon, during the 1976 municipal election.
It would seem that such an ordinance would be satisfactory from
all points of view and, consequently, he would urge the Council to
adopt an ordinance of this type.
CM MILLER MOVED TO INTRODUCE AND ADOPT THE ORDINANCE APPOINT-
ING A COUNCILMEMBER. MOTION WAS SECONDED BY CM TURNER.
Cm Turner stated that he concurrs with the comments made by
Cm Miller becuase everyone he has talked to feels this would
be an appropriate plan at this time.
Cm Tirsell stated that she can see advantages to adoption of
an ordinance such as this, to her personally, because this
would take the "heat" off the issue if it is decided this
evening. The Council will have compromised by both making
an appointment and going to an election and it might be said
that the Council will have tried to accommodate all of the
people in the community. It could also be said that the Council
saved $10,000 by not having a special election but her concern
is not for the heat nor the criticism that comes with the job
but this is just one of the many intense issues the Councilmembers
face.
Cm Tirsell continued to say that Livermore is an opinionated
town with many active citizens and if the heat goes out of
this town all of us, as citizens, have cause for real concern.
She stated that she intends to vote against the ordinance
because the Council is a representative form of government
and members of this Council are elected representatives and
as such are charged with specific duties. The Council must
file a budget with the County of Alameda by September 3rd
each year, must determine a policy for the management of
this city, and are sworn to uphold the laws of the State of
California.
CM-30-69
May l2, 1975
(re Appt. of Councilmember)
Cm Tirsell stated that the Government Code of California states,
"The City Council shall fill any vacancy occuring in the offices
provided in this Chapter, by appointment. If a vacancy occurs
in the elective office and the City Council fails to fill it
within 30 days, it shall immediately cause an election to be held
to fill the vacancy. A person appointed or elected to fill a
vacancy holds office for the unexpired term of the former incumbent."
')
...J
Cm Tirsell stated that this is not permissive legislation, it says
you "shall". The Councils of Livermore, in the past, have made
appointments to fill vacancies without seeing fit to limit the
terms nor to call for special elections. In the recent past the
Councils of Pleasanton, Hayward and the VCSD Board have made
appointments to complete their ranks and she feels there is nothing
exceptional about this appointment that delineates it from the
appointments made in other communities nor from other appointments
made by past Livermore Councils.
Cm Tirsell added that there are provisions in the Government Code
for the circumstance that this, or any other Council, cannot find
a majority to support one person. The Code provides that the
vacancy will be filled by an election and again she stated she
does not foresee that this Council will find itself in this position.
She felt the proposed ordinance would weaken the Code because the
ordinance is designed for this particular circumstance and this
particular Council. She stated that the ordinance appears to
provide the best of "both worlds - an appointment and an election",
and in her opinion this is an example of situation ethics. She
stated that she feels this would be setting a precedent if there
are future vacancies and future Councilmembers may feel obligated
to alter the Code to respond to the heat of their particular set
of circumstances.
Cm Tirsell stated that she feels there are a number of qualified
people from which an appointment can be made and that is is the
responsibility of the Council to make such a selection. If
the Council cannot come to an agreement in 30 days the electorate
will decide and she feels this is representative government at work.
Cm Miller stated that he appreciates the point of view expressed
by Cm Tirsell and it certainly is a well reasoned argument and
does have some merit. There are two things he would like to
mention and these are: 1) The Council has made appointments
in the past to fill Council seats - the one he knows of per-
sonally was the appointment of Clyde Taylor for the vacant
seat of Manuel Medeiros, for a term of one year, which was
the remainder of the term. 2) Cm Tirsell mentioned the "shall"
aspect of the Government Code but words which provide for the
temporary appointment says something to the effect that previous
sections, notwithstanding, the City Council "may" do the type
of thing being proposed. The City is authorized by statute to
provide an ordinance of this kind, should the Council so desire.
Mayor Futch asked if there is the possibility that if a short
term appointment is made someone (person appointed) could sue
the City because the law says that he shall hold the seat for
the remainder of the term?
The City Attorney indicated this is a very good possibility;
however, there is a big difference between stating a cause of
action and winning a law suit.
!
J
Discussion followed concerning legalities and possible problems.
CM-30-70
May l2, 1975
(Ordinance re Appointment
Councilmember for
Specified Term)
,
U
Mr. Parness wondered if the ordinance is adopted and put into
effect, were later challenged and declared to be invalid because
of the 30 day referendum term, would this possibly invalidate
all actions this Council would have taken during that 30 day period?
Mr. Logan indicated this is certainly a possibility.
Cm Turner stated that he really had not thought about the heat on
the Council over this matter but felt it was a matter of moral
obligation to allow the public to vote for a replacement for
someone who had originally been elected to office. Bob Pritchard
was elected by the citizens of Livermore and Cm Turner feels they
should have the right to choose a replacement.
Cm Tirsell asked that Councilmernbers not take that particular
phrase personally because these were her feelings on the matter.
Mayor Futch stated that valid points have been brought up during
the discussion but there do seem to be some possible legal prob-
lems and would therefore be reluctant to vote in favor of the motion.
CM TIRSELL CALLED FOR THE QUESTION AND THE MOTION FAILED 2-2
(Cm Tirsell and Mayor Futch dissenting) .
THE ORDINANCE WAS NOT INTRODUCED.
ORD. RE MUNI. CODE AMEND.
- CITY ATTORNEY'S OFFICE
The City Attorney has asked for the introduction and adoption of
an ordinance relating to the administration of the Livermore
City Code to add a new Article, Article VII, relating to the
City Attorney.
A written report was submitted to the Council concerning this
matter and the City Attorney stated that he has nothing to
add orally because everything has been covered in writing.
The essence of the report is the request that the City Attor-
ney answer to the Council directly, rather than the City
Manager and that a new position (Administrative Assistant) be
approved.
Cm Turner stated that he would be in favor of the proposed ordi-
nance based on the philosophy that the City Council directly
hires two people - the City Manager and the City Attorney, and
feels it should not be implied that the City Attorney works for
the City Manager. He stated that he does feel people have been
of this opinion in the past, and in his opinion these two depart-
ments should be clearly separated and clearly defined. In his
opinion there should be a separate budget to be approved by the
Council and also each should have control of the employment of
their individual staffs.
c
CM TURNER MOVED TO INTRODUCE THE ORDINANCE, SECONDED BY CM
MILLER.
Cm Tirsell stated that she feels it would not be unreasonable to
ask that the City Attorney submit his budget to the City Manager
for any comment he may have.
CM-30-7l
May l2, 1975
(Proposed Ordinance re
City Attorney's Office)
Mr. Logan stated he would appreciate the City Manager's counsel on
budget matters, but since this is an ordinance that applies to other
than himself, some future attorney may have a different attitude
on his attempt to put into effect whatever authority he might have.
:'J
Cm Tirsell suggested that the wording on page 2 of the ordinance be
changed to reflect this and that in the last paragraph of Sec. 2.62
the last sentence read: The City Attorney shall prepare and submit to
the Manager and the Council a proposed annual budget etc.
Cm Miller offered an alternative that the present wording is okay,
but add, "This budget shall also be submitted to the City Manager for
his review and comment", to which Cm Tirsell agreed.
Mr. Parness asked if it was intended that that wording and process-
ing would be the same procedures that are used for all of the depart-
ments, and Crn Tirsell replied that it would, and that it was her
intention for the City Manager to use his red pencil and say that
certain items cannot be justified and send it to the Council and
it would be up to the City Manager to rejustify it, otherwise how
could the Council make a judgment without this input.
Crn Miller stated that was not his intent his intent is that the
budget be submitted to the Council by the City Attorney, and that
the City Manager review and comment.
Mr. Parness stated there was a very important distinction, and Cm
Tirsell stated she understood, and it was not her intention that if
the City Manager used a red pencil that it would be final. Mr. Parness
stated that it was not final with any of the departments as the final
decision is made by the City Council.
Cm Miller stated that the point is the City Attorney's budget is sub-
mitted to the Council, not to the City Manager.
Cm Tirsell agreed, but stated they needed to resolve this for the
City Manager because if he does review the budget at the same time
he does the other departments, what he is looking for is to keep the
whole thing in balance. Perhaps it is all a matter of timing.
Mr. Parness stated that is the fundamental reason for his fervent view
on this matter as they are talking about coordination of a budgetary
process.
Cm Turner asked the City Attorney if he had any objection to either
wording change, and Mr. Logan replied that it would be minimal either
direction, as the Council still makes the ultimate decision on the
budget. If the City Manager presents to the Council a balanced
budget, including the City Attorney's budget, Mr. Logan stated he
assumes he has the opportunity to argue back in any sections the
City Manager has taken out, and the City Council would make the
final decision.
Cm Miller stated his reason for the argument he has is that if the
City Attorney presents the Council with his budget, they see his
budget and what the City Manager has crossed out, rather than seeing
what has been crossed out and having the City Attorney come back
with additions.
J
em Turner amended his motion to include the wording offered by
Cm Miller as follows: "THIS BUDGET SHALL ALSO BE SUBMITTED TO THE
CITY MANAGER FOR HIS REVIEW AND COMMENT". MOTION WAS SECONDED BY
CM MILLER.
CM-30-72
May 12, 1975
(Proposed Ordinance re
City Attorney's Office)
Cm Tirsell referred to Sec. 2.65 re appointment and removal of employees
and stated it was the intent of the City Attorney to consult with the
Personnel Officer and the City Manager, however for the future she
would prefer to add the statement, "after consultation with Personnel
Officer and City Manager".
'0
Mr. Logan stated he did not intend for the ordinance to do anything
other than to allow for hiring in the regular classified way by refer-
ring to the list of the three top choices and there would be a range
of salary and that he would be able to request a salary within that
range.
Mr. Parness pointed out that there is again a startling difference
between current practices and what is being suggested; it is a contra-
vention of the present personnel rules of the City which state that
the appointing authority is the City Manager - the selecting authority
are the various department heads. Technically, according to the rules
the City Manager is the final authority on the employment of the
person, each of whom is selected by the department head.
Mr. Logan stated he would be happy to change the wording to say
"select", assuming that the practice of the City is that he have some
selection. His intent is not to do it much differently than the
way it is being done now.
Cm Tirsell suggested that section 2.65 state: liThe City Attorney shall
select such employees, etc." to keep the ordinance in conformance.
Cm Tirsell stated she did not understand why the City Attorney would
need compensation and expenses and also official traveling expenses
and asked why these were listed separately.
Mr. Logan replied that he had picked this up from the City Manager's
section and this was the reason he had listed them separately.
Cm Tirsell stated that in the last section wherein it referred to the
City Attorney or his representative attending meetings of the Planning
Commission or other Commissions she would suggest that it be without
additional compensation.
Mr. Logan replied that this is part of the job and both he and his
assistant would be the only ones who would attend and they are both
salaried and would have no claim to overtime.
Mr. Kolster stated one thing that has been overlooked in the entire
discussion is the actual creation of positions. If that is taken away
from the City Manager's office or prerogative, it would take away
the overall review of classification plans in which employees all fit
together into the City of Livermore. It is an extremely important
issue that should be considered. If the Council does go the direction
they are presently steering for it may have great consequences on other
employees who work for the City.
Mayor Futch stated there is one prime difference between the office
of the City Manager and any other department within the City - they
are the only two staff members who work directly for the Council -
the City Manager and the City Attorney.
"" ~..-
L,
Mr. Parness stated that what the ordinance does is actually establish
two additional classifications which is not done by ordinance form.
There is a classification system used and there is a salary resolu-
tion that extracts classifications and assigns wages. The City
does not ordinarily set up subclassifications by ordinance as
this does. If there is to be an ordinance which establishes
CM-30-73
May l2, 1975
(Proposed Ordinance re
City Attorney's Office)
the office of City Attorney and defines his duties and responsibilities,
that is fine. He has no objection to that, but he does not
think it is necessary. But to set up separate classifications
and in addition the other two points he feels so strongly about -
budgetary review and the selection of other employees for the depart~
mentthese are important matters.
I \
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Mr. Logan presented his reasons for Sections 2.63 and 2.64 of the
proposed ordinance regarding the appointment of an Assistant City
Attorney and Administrative Assistant to the City Attorney and felt
that there was more than adequate justification for having those people
in positions that he can not only appoint them, but control their
salary or at least request their salaries of the Council directly
without having to worry about how the City Manager might classify them.
He also felt strongly that the administrative assistant to the City
Attorney is a position that presently could be filled by a present
staff member.
Mr. Parness repeated that an ordinance establishing a department of
the City is not the place for the assignment of classifications
no more than it is for his department or any others as there is
a classification plan for that. The ordinance might state that
"legal professional assistance as deemed necessary by the City
Attorney, subject to the review and concurrence of the City Council,
shall be selected by him" or something in that order. Mr. Parness
stated that to specifically assign a job title in a specific section
in the ordinance is improper and unnecessary. As for the administra-
tive assistant, Mr. Parness stated he felt it is obvious that that
title and that position is being manufactured for the one employee
presently in the department, and he had no quarrel with that person's
ability. However the City was very careful in making its survey
for relative salary levels for all departments, including the City
Attorneys, and all legal assistants are in so-called classified
service and are not exempt. The staff was very careful when they
queried the other employee groups in ascertaining what an official
legal secretary does and it is duplicative of what this person
does that the City Attorney is talking about. He felt that the
person was qualified and competent, but he did not believe it justi-
fies a separate, exempt, unclassified administrative assistant
category with the inferred higher salary level.
Mr. Logan agreed he had suggested a higher salary leve1,and went
on to point out that what she does is improper as a secretary as
she is doing professional work. If he conceded the City Manager's
point, he would have to concede that he can do nothing for his
secretary because she was locked into a position created by the
City Manager.
Mr. Parness stated that he gets this same reasoning from every
department head at budget hearing time; each one believes his princi-
pal clerical staff member is exceptional and justifies a little
different attention. There has to be a coordination of this kind
of thing, if not there is complete devisiveness so that you will
have somebody who has the same relative duties, responsibilities
and abilities being paid different depending on persuasiveness
of her employer to the City Council.
Mayor Futch stated it might be appropriate to consider these sections )
in a separate motion, however he was reminded that the motion was --/
made to adopt and amended to include the wording concerning the
budget.
Mr. Logan read the new paragraph which he had written concerning
Sec. 2.65 as follows: The City Attorney may select such employees
as in the opinion of the Council are necessary to properly serve
the City Attorney. Said employees shall be selected in accordance
with personnel rules and regulations of the City of Livermore.
CM-30-74
May l2, 1975
(Ord. re City
Attorney's Office)
I
V
Cm Tirsell stated that if there are other women employees who do more
than secretarial work, and there are some, that are that valuable #.
the Council should consider creating administrative assiS~n~~fqr~~.~ ./.
these women. This had nothing to do with the motion, but ~e c8uId I,' I
see that the other department heads had very valuable women in thei 1 .
office who do more than ordinary secretarial work. She suggested
that the Council look into this matter.
A VOTE WAS TAKEN ON THE MOTION AT THIS TIME AND PASSED 3-l WITH
MAYOR FUTCH DISSENTING, AS HE WAS NOT SURE ABOUT SEC. 2.64.
ADJOURNMENT
There being no further business to come before the Council, the
meeting adjourned at 12:00 midnight to an executive session
for discussion of appointments and adjourned to an executive
session on May 15th, at 12:00 noon in the City Hall Conference Room.
APPROVE
litd; t:.~4/
ayor
Lf"~ ~ 1
, .,~.
, .' " .....,, . --eL
ty Clerk
L vermore, California
ATTEST
Regular Adjourned Meeting of May l5, 1975
An adjourned regular meeting of the City Council of the City of
Livermore was held on Thursday, May l5, 1975, at 12:00 noon, in
the Conference Room, City Hall, 2250 First Street, Livermore,
California.
The meeting immediately adjourned to an executive session to
discuss appointments, and adjourned at 1:25 p.m.
Present:
Absent:
Cm Turner, Miller, Tirsell and Mayor Futch
None (One Vacant Seat)
APPROVE
/kck // ~,d-/
Mayor
ATTEST
(/
~,
CM-30-75
Special Meeting - May 19, 1975
A special meeting of the City Council was called by Mayor Futch
for Monday, May 19, 1975, at 7:00 p.m. at the City Hall Confer-
ence Room, at 2250 First Street, Livermore.
Purpose of the meeting: To discuss appointments.
Present: Cm Turner, Miller, Tirsell and Mayor Futch
Absent: None (One Seat Vacant)
\
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Mayor Futch called the meeting to order at 7:00 p.m. and immediately
adjourned the meeting to an executive session to discuss appointments.
The meeting adjourned at 7:55 p.m.
APPROVE
M47 / ;K~/J://
Mayor
ATTEST
~
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City Clerk
. . Livermore, California
Regular Meeting of May 19, 1975
A regular meeting of the Council of the City of Livermore was
held on May 19, 1975, in the Municipal Court Chambers, 39 South
Livermore Avenue. The meeting was called to order at 8:l0 p.m.
with Mayor Futch presiding.
ROLL CALL
Present: Cm Turner, Miller, Tirsell and Mayor Futch
Absent: None (Vacant Council Seat)
PLEDGE OF ALLEGIANCE
Mayor Futch led the Councilmembers as well as those present in
the audience, in the Pledge of Allegiance.
MINUTES
May 5, 1975
Page 44, under Los positas Plan, the first four lines should read:
Cm Miller stated that we appealed to ABAG's Regional Planning Com-
mittee and Executive Board concerning the Las positas plan and they
agreed generally with the contentions made by the City and all the
other agencies....etc.
)
-/
Page 46, 7th paragraph, should be a statement made by Cm Turner
and not Mayor Futch.
CM TIRSELL MOVED TO ADOPT THE MINUTES FOR THE MEETING OF MAY 5,
1975, AS CORRECTED, SECONDED BY CM TURNER AND PASSED BY UNANIMOUS
VOTE.
CM-30-76
May 19, 1975
CITY EMPLOYEE AWARDS
The following City employees received special awards in recognition
of achievement in their field. All employees who rec0ived the awards
work at the Water Reclamation Plant.
~
Dallas Smith - Operator of the Year - Bay Area
(Received certificate from the State
as on of the finalists)
Richard Vanderbeek - Completion of Sacramento State
Course in Waste Water Treatment
Robert Anderson - Grade I Certificate from the State
Robert Guyer - Grade I Certificate from the State
OPEN FORUM
(Las Positas Golf Course)
Jerry Atwell, 134 Amber Way, representative of the Greens Committee
stated that he would like to speak to the Council concerning an
operational problem at the Las positas Golf Course with respect to
the sprinkling system. He read a report concerning the need for
an additional 50 new sprinklers, and urged that the Council allow
the immediate purchase of 50 sprinklers which would be a portion of
the l50 sprinklers planned for next year's budget.
The estimated cost would be $1,850 at $37 each. If immediate pur-
chase is not authorized, greens damage will result.
Mr. Lee indicated that it certainly would be in the best interest
of the golf course if the purchase could be made at this time and
the staff would support this request.
CM TURNER MOVED TO AUTHORIZE EXPENDITURE OF THE FUNDS FOR THE
SPRINKLERS, AS REQUESTED, SECONDED BY CM TIRSELL AND PASSED UNANIMOUSLY.
(Trailer Storage Issue)
John Migliori, 6271 Tesla Road, stated that he read in the newspaper
that the Council reversed the decision of not allowing front yard
storage of vehicles, which the people voted on, to allow such storage
and asked if this is correct.
\
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Mayor Futch explained that the City Council made some recommendations
regarding the Trailer Storage Ordinance and this ordinance has been
sent back to the Planning Commission for their comments and will
again be discussed by the City Council. The Council did recommend
exceptions to the ordinance in those areas where side yard access
is not possible, to allow front yard storage.
Mr. Migliori indicated that he is very upset that people may be
allowed storage in the front yards because after the election he
invested more than $lO,OOO to provide trailer storage for Livermore
people.
Mr. Migliori also mentioned that he feels the City should not try
to compete with private individuals in providing parking for large
commercial trucks and the Mayor indicated that this is not the in-
tent of the City and that if there is sufficiant private parking
facilities available the City would not provide space.
Cm Miller stated he would like to clarify the point made by Mr.
Migliori in that the advisory vote was that there should be no
trailer storage in front yards in any residential area - the vote
said no exceptions. ---
CM-30-77
May 19, 1975
(Cask & Mask Float
for Rodeo Parade)
Virginia Gregory, member of the Cask and Mask stated that the
Cask and Mask organization is planning an extravaganza float
for the rodeo parade. Cm Miller has consented to participate
as a slave for their float and they would like to ask the
other Councilmembers to join Cm Miller with Cm Tirsell a
maiden on the float.
/~
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She explained that the theme is a Cecil B. Demille production
with slaves pulling the float.
(Request for
Support of AB 2220)
Valerie Raymond, 2368 Buena Vista, stated that she is represent-
ing CAGE (Citizens Against Garbage Environment) who would like
the Council to go on record as supporting AB 2220, offered by
Assemblymen Mori and Mead.
Basically the Bill extends current legislation which now requires
that no municipality may operate a garbage dump within two miles
of any city without their consent, this Bill would expand the
requirement to include any kind of private operator. Also there
is a provision indicating that the deed on any property which has
been or is operating as a dump shall include a statement to the
effect that the property is completed garbage fill.
Mayor Futch stated that the general policy of the Council is to
have the opportunity to review something prior to voting on it
and wondered if the Council would have time to review this re-
quest and postpone action for another week.
Mrs. Raymond stated that she believes the hearing on the bill
will not take place until June 3rd and the Council would have
time to review the proposed resolution of support and adopt it
if they so desire.
Mrs. Raymond then read the resolution that CAGE would like the
Council to adopt, supporting AB 2220.
CM TIRSELL MOVED TO PLACE THIS ITEM ON THE NEXT AGENDA, SECONDED
BY CM MILLER AND PASSED UNANIMOUSLY.
David Castro, 2276, stated that he has lived in cities in which
the city operated the dump site and that everything was done
correctly and people were allowed as many sacks as they wished
to be dumped weekly, at no extra cost. He stated that he feels
this would be better than our present system and would be happy
to have the City take over the operation of the dump site.
CONSENT CALENDAR
Report re Hold
Harmless Agreement -
City of Pleasanton
The City Manager reported that the hold harmless agreement with
the City of Pleasanton indemnifies the City of Pleasanton against
any injuries for property damage involved in the use by our Fire
Department, of their draft test pit, for annual testing of our
fire pumpers. The matter has been reviewed by the City Attorney
and it is recommended that a resolution be adopted.
n
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CM-30-78
May 19, 1975
(Hold Harmless Agreement)
RESOLUTION NO. 98-75
A RESOLUTION AUTHORIZING EXECUTION OF A HOLD
HARMLESS AGREEMENT WITH THE CITY OF PLEASANTON
o
Report re Acquisition
of Murrieta/Portola
Corner Property
It has been suggested by the Beautification Committee that the City
purchase property located at portola Avenue and Murrieta Boulevard
for beautification purposes. The property is owned by Exxon Company
and a representative has disclosed that it is the general policy of
the company not to dispose of excess property because of the uncer-
tainty of the fuel situation.
The City Manager reported that the original purchase price for this
property was $70,000 and reportedly there have been offers made to
the company in the the neighborhood of this amount. The property
is zoned commercial and undoubtedly the value would be quite high.
Under the circumstances it is recommended that the City not
proceed with property acquisition for this particular piece
of property at this time.
Cm Tirsell stated that perhaps the City could look into the possi-
bility of leasing the property for $1 a year and that this suggestion
might be made to the Beautification Committee for consideration.
Mr. Parness will check and report back.
Res. of Appointments to
Various Committees
The following resolutions were adopted appointing members to various
committees:
RESOLUTION NO. 99-75
A RESOLUTION APPOINTING MEMBERS
TO THE BEAUTIFICATION COMHITTEE
(Janice Bird and Diana Bolander)
RESOLUTION NO. lOQ-75
A RESOLUTION APPOINTING MEMBER TO HOUSING
AUTHORITY (Linda Chapman)
RESOLUTION NO. lOl-75
A RESOLUTION APPOINTING MEMBER TO INDUSTRIAL
ADVISORY COMMITTEE (Larry Bakken)
Departmental Reports
~/
The following departmental reports were submitted for review:
Airport - Activity - April
Building Department - April
Municipal Court - March
Police and Pound Departments - April
Water Reclamation Plant - March
Design Review Minutes
Design Review Committee minutes were received from the meeting of
May 6, 1975.
CM-30-79
May 19, 1975
(Design Review Committee)
Cm Miller commented that the Design Review Committee has questioned
why various community projects could not be referred to the Committee
and Cm Miller felt that the Committee should be informed of the
various projects expressing the fact that their input would be
welcomed.
Payroll & Claims
There were 158 claims in the amount of $350,846.81 and 299 payroll
warrants in the amount of $88,l6l.87, for a total of $439,008.68,
dated May l2, 1975 and approved by the City Manager.
v
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE
THE CONSENT CALENDAR WAS APPROVED.
MATTERS INITIATED
BY THE STAFF
(Exec. Session)
Attorney Bob Logan requested that the City Council hold an executive
session immediately after this meeting for the purpose of discussing
litigation.
(Ravenswood)
Mr. Parness asked when the Council would like to have the Ravenswood
Park released to LARPD. He explained that the Council liaison
committee is meeting with architects this Wednesday for the purpose
of interviewing and selecting an architect for the restoration of the
structures. The Park District has been studying landscaping pro-
posals and Council policy does permit the release of properties
acquired by the City to LARPD.
He stated that someone is living in the house at Ravenswood but
will soon be moving and there are other people who are interested
in renting the house but Mr. Parness would like some direction as
to the release of the property to LARPD now, or whether the City
will retain the property.
Cm Miller asked if the other property has been released to LARPD
and Mr. Parness indicated that everything, with the exception of
the buildings has been released to LARPD.
ON MOTION OF CM TURNER, SECONDED BY CM TIRSELL AND BY UNANIMOUS
VOTE, THE REMAINDER OF THE RAVENSWOOD PROPERTY AND BUILDINGS
WERE RELEASED TO LARPD.
(Air Resources Board
Meeting re Bay Area
Task Force - Planning)
Mr. Parness stated that the Air Resources Board is planning to
have a meeting on June 5th for the purpose of forming a San
Francisco Bay Area task force for air quality maintenance plan-
ning and he wanted to bring this to the attention of the Council.
-../
Cm Miller stated that he would be very interested in attending this
meeting as a representative of the City with which the Council
concurred.
CM-30_80
May 19, 1975
u
(Transportation Advisory
Committee Appointments)
Mr. Parness reported that the vacancies on the Transportation Advisory
Committee have been filled. Cm Miller's designee resigned and Cm
Miller made another appointment and the appointment to fill the vacancy
for the League of Women Voters representative was also made.by
Barbara Shaw.
(EPA Letters)
Mr. Parness stated that the Council has not yet received a response
from the letters sent to the offices of the EPA by former Mayor
Pritchard concerning sewer capacity allocations.
Mr. Parness has spoken personally with Mr. Dendy who has assured
him that the letters will be answered soon.
(Res. re Shared
Recruitment Program)
Mr. Parness commented that, regrettably, the staff would ask the
Council to adopt a resolution adopting a fee schedule for the Shared
Recruitment Program, which is a program started last year with seven
cities in the County, including the County of Alameda for sharing in
the recruitment process for various types of employee classifications.
We do not have to do the advertising or the testing and interviewing
which is done in a concerted manner.
The program has been very successful for our purposes and two employ-
ees have been hired for the City of Livermore through this program.
The resolution was not prepared in time for placement on the agenda
but it is rather routine in nature and must be adopted at this
meeting because the Board of Supervisors will consider it at their
meeting of May 27th. Prior to action by the Board it is requested
that each city adopt the resolution, and the resolution authorizes
our continuance in the program for another year.
CM MILLER MOVED TO ADOPT THE RESOLUTION, SECONDED BY CM TIRSELL AND
PASSED UNANIMOUSLY.
Cm Turner commented that the records should indicate that the reason
the resolution was adopted prior to review by the Council was because
of the urgency that it be adopted this evening.
RESOLUTION NO. 102-75
A RESOLUTION ADOPTING FEE SCHEDULE:
SHARED RECRUITMENT AND TESTING PROJECT
MATTERS INITIATED
BY THE COUNCIL
(Differentiating Between
Councilman and Council-
woman)
(
\ .
"-- /
Cm Turner stated that for the sake of history he would like the records
to indicate "Councilman" and "Councilwoman" rather than "Council-
member". It was suggested that Cm be used to designate Councilman
and Cw for Councilwoman.
CM 30-81
May 19, 1975
(street Patching)
Cm Turner stated that he has been observing various cuts made
in City streets for the purpose of working on lines, etc. which
have to be patched and then within about six months these areas
become depressed and the City has to maintain them. He stated
that he would like to know if there is some method whereby this
can be done better, such as removing large sections of the street
and replacing the entire section.
:\J
Mr. Lee explained the process for the patchwork and indicated
that the depression is a temporary situation though sometimes
irritating and if an area is brought to the attention of the
staff it will be taken care of by whatever utility company has
made the cut.
(Meeting Next Week)
Cm Miller stated that next week there is a holiday and would like
to know if the Council intends to meet because there are two items
he has proposed for discussion that will be on the agenda.
One item is the garbage bill on which the Council should act soon,
and the second is the matter of a shortage of funds and the possi-
bility that certain things should be eliminated from City funds.
It has been three years since business license fees have been examin-
ed and there is still some question of equity and this could be re-
solved in addition to the fact that some more money could be generated.
If there are to be changes this should be accomplished prior to July 1,
and consequently the Council would have to discuss this next week to
get things going.
It was concluded that the Council would meet Tuesday, May 27th, the
day after the holiday.
(Billboards)
Cm Miller stated that in the newsletter from the California Road-
side Council there was discussion concerning billboards.
Presently we are involved in some type of court case concerning
billboards and we have an ordinance which prohibits them. Mean-
while, there are options available to sign companies and one of
the things which could be done would be to provide for a permit
fee, per square foot. Costa Mesa, Glendora and Carpenteria all
have such permit schedules whereby they charge on the order of
$l/sq. ft. per billboard per year, permit fee. He suggested that
the Council ask our City Attorney examine the possibility of adopt-
ing this type of schedule for Livermore.
Hr. Musso asked what case Cm Miller is speaking of and Cm Miller
stated that it is a civil case.
(Portola Rezoning)
Cw Tirsell stated that last Thursday, she and Mr. Musso attended
another meeting of the Board of Supervisors concerning the rezon-
ing of portola Avenue (Anderson property). The Andersons are
asking for a commercial zoning.
--.-/
Supervisor Cooper made the motion to deny the rezoning, Mr. Murphy
seconded the motion and Mr. Bort seemed to be favorably disposed
towards it. Mr. Anderson dismissed his representative, was very
angry and as a result the Board continued the matter until July lOth.
CM-30-82
May 19, 1975
(Portola Ave. Rezoning -
Anderson Property)
Cw Tirsell stated that she did testify that the planning aspects
for this property are essentially done and we are awaiting the
assigning of densities, and the City does not want to see portola Ave.
become strip commercial.
L/
Cw Tirsell indicated that if the County allows this property to
be commercial zoning it will mean that there would be over lOO acres
of commercial land in the County on Portola Avenue.
Cw Tirsell added that she and Mr. Musso will be attending the July 10th
meeting and that she did cancel vacation plans in order to attend this
meeting, and that Mr. Musso will have to return early from his vaca-
tion.
Cw Tirsell indicated that she is at a loss as to what else can be
said to the Board of Supervisors. She has written three arguments
and the City's position has been presented. It is very obvious
that Mr. Anderson wants the rezoning very badly and it ends up
coming to this point. She felt perhaps it would be helpful to
have Mr. Musso once again prepare a report on the findings, the
Council's position and its past position on portola Avenue.
Cm Miller suggested that perhaps a resolution could be adopted just
before the July 10th meeting so that Cw Tirsell can present something
fresh.
Mayor Futch stated that a rezoning would have a tremendous impact
on the commercial planning for the rest of Livermore and is a very
major consideration. It would seem thatthe Chamber of Commerce
would be interested in discussing this matter and would possibly take
a position because it will have a significant effect on commercial
development for Livermore.
(Social Concerns
Committee Organization)
Cw Tirsell stated that she is very concerned that there have been
very few names submitted for appointment to the Social Concerns
Committee and that letters requesting names have been out for some
time. Cw Tirsell suggested that if, by next week, there are not
enough names from which to make selections, the letters once again ,be
sent to the various organizations asking for names.
Cm Miller suggested that perhaps a telephone call can be made to
each organization by the City Clerk asking that names be submitted
in order to make appointments.
(Committee Appointments)
Mayor Futch noted that the appointments to the Beautification
Committee would be for two years: Linda Chapman will serve a
four year term with the Housing Authority ending l/26/79: and
Larry Bakken will serve on the Industrial Advisory Committee.
Resolutions of appointments appeared on the Consent Calendar.
I
I
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Mayor Futch stated that the Council has agreed on an appointment
to fill the unexpired term of Mayor Pritchard and requested that
a motion be made.
C\^l..,TIRSELL MOVED TO APPOINT JOHN STALEY TO FILL THE COUNCIL VACANCY,
SECONDED BY CM MILLER.
Cm Turner stated that he has felt, from the beginning, that this
matter should go to a general election if it were to be a three
CM-30-83
Hay 19, 1975
(Appointment of Councilmember)
year appointment. He has not changed his position on this matter
and will vote against the motion, not because he is opposed to
the selection of John Staley but rather because he is opposed to
the method by which a selection was derived. He strongly feels
that the people should have made the selection and should have had
the opportunity to hear candidate's qualifications.
Cm Miller stated that a couple of weeks ago he offered a compromise
which would have permitted an early vote on the replacement of Bob
Pritchard without requiring the expenditure of $10,000 for a special
election by selecting som~9R~~ust until the next general municipal
election. He stated thatlfl",-he- does not object in principle 1:~
appointments but this is a very long term and the compromise~~pro-
posal, in his opinion, is the course that should have been followed.
He does not object to the appointment of John Staley but is concerned
about the length of term.
J
MOTION APPOINTING JOHN STALEY AS COUNCILMEMBER PASSED 3-l (Cm Turner
dissenting) .
RESOLUTION NO. 103-75
RESOLUTION APPOINTING JOHN STALLEY TO CITY COUNCIL
The City Clerk commented that Mr. Staley will not be able to take
a Council seat until his two statements have been filed.
Cm Miller stated that it is his understanding that these statements
must be filed by Hay 27th or the matter will go to an election anyway.
The City Attorney explained that the definition is that he can't
take office until the statements have been filed, and there is a
la-day lag between the time of the actual appointment and the time
he assumes office.
C01-ll1UNICATION RE
AMICUS CURIAE BRIEF
- PLEASANTON SUIT
A communication was received from the City of Pleasanton thanking
the City Council for authorizing the Livermore City Attorney to
prepare an amicus curiae brief in the case of Morrison Homes Cor-
poration vs. City of Pleasanton. Letter was noted for filing.
COMMUNICATION RE REQUEST
FOR FUNDS FOR 4th OF
JULY CELEBRATION
The Community Affairs Committee is proposing, for Council considera-
tion, the second annual City Fourth of July Celebration. The cele-
bration will consist of a mid-morning parade which will terminate
at May Nissen Park where there will be music and family picnics and
in the evening there will be a fireworks display at Robertson Park.
The estimated cost for the day is less than $2,000 with $l,500 going
to the fireworks event, and it is requested that the City donate
$2,000 for the celebration.
CM TURNER MOVED TO DIRECT THE STAFF TO PREPARE A RESOLUTION AUTHORIZ-
ING THE EXPENDITURE OF $2,000 FOR THE CELEBRATION, SECONDED BY CW
TIRSELL, AND PASSED UNANIMOUSLY.
)
~
Mayor Futch commented that the event was very successful last year
and the fireworks display is in keeping with celebrating the birth
of our Nation.
CH-30-84
May 19, 1975
(4th of July Celebration)
Dick Wright, Chairman of the Community Affairs Committee extended
an invitation to the Council to lead the parade, as was done last
year, and also to ask the Mayor to say a few words at the event.
Mr. Wright added that this is a home town parade that is non-
motorized and non-commercial.
L
COMMUNICATION RE
RESIGNATION FROM
B. C. COMMITTEE
A letter of resignation from the Beautification Committee was
submitted by Betty Carrell.
The Council directed the staff to send a letter of appreciation
to Mrs. Carrell, for serving on the committee.
COMMUNICATION RE CAN-
CELLATION OF CLEAN
WATER GRANTS HEARING
Letters from the State Water Resources Control Board and VCSD were
submitted to the Council concerning the cancellation of the hearing
on the air quality impacts of Clean Water Grants.
Cm Miller commented that the City should send a letter expressing
our disappointment that there was no public hearing and that
conditions should be imposed in the bad smog areas, ours included,
and that we support the VCSD letter.
CM MILLER MOVED TO SEND SUCH LETTERS, SECONDED BY CW TIRSELL.
CW Tirsell pointed out that this was an advertised public hearing
and the City Council certainly is not at liberty to remove a public
hearing from the docket simply because the issue might be contro-
versial, and no other public agency should be allowed to remove
a publicized public hearing either.
Mayor Futch stated that rather than adopt a motion tonight he
would like to see the letters to be sent.
MOTION WAS WITHDRAWN.
STATUS REPORT RE
HCDA APPLICATION
The Planning Department of Alameda County has reported on the
status of activities in the HCDA application (Housing Community
Development Act) . The Planning Department has been advised that
the Alameda County Urban County Entitlement was changed from $725,000
to $742,000 and the application is being revised to include this
amount on a pro-rata basis among the seven entities.
On April 24, 1975, Mr. Fraley, Alameda County Planning Director,
submit~ed to HUD a request for $72,500 advance HCD funds.
~
Cm Miller stated that he would like the Council to consider the
following: To ask that this HCDA proposal (insofar as our City's share)
be amended to change priority. He is becoming increasinly concerned
about not following the real intent of the expenditure of this
money which is for housing for low income people.
We have no good mechanisms for low income housing, at present and
providing one would furnish the low income housing needed in the
community and would also help reduce criticism and accusations
against us from other agencies: primarily the homebuilders.
CM-30-85
May 19, 1975
(Status Report re
HCDA Application)
Cm Miller stated that he would like each Councilmember to
reconsider the concept suggested earlier about using that money
for purchasing houses, deeding them to the Housing Authority, and
using the excess in rent, over the upkeep, to buy more houses -
all of which would be scattered throughout the community. We would
not have to depend upon unfunded programs such as rent supplements,
for providing the low income housing. He stated that he is really
worried and increasingly concerned that we are not really spending
that money in a way that brings the most direct benefit to the
people for whom the Act was passed. ~~~R~
~.
Cm Miller asked that the Council consider the Q o~ suggestion:
The Council made a list of priorities but it could be amended and
he is really concerned about not taking care of the low income area.
.....-/'
Cw Tirsell stated that she can appreciate the concerns of Cm Miller
and low income housing was one of the options available at the time
the Counil reviewed the grant, but was one that was not at the top
of the priority list when the Council finished listing priorities.
Cw Tirsell added that she is really excited about the ability of
this community to do some coordination of services for the same
people Cm Miller is referring to. She stated that there are many
services, etc., available that the people who need them do not
even know about. The most glaring deficiency in this valley is
the coordinated referral of services. We have low income people
who need houses and perhaps there are houses available if they
knew where to find them. We have people who do not get to emergency
crises housing and there may be some available but people do not know
where to go to find out. We have many senior citizens who need meals
and they are also poor. This City needs to make a commitment to serv-
ing the social needs of the community and one of the best things we
can do is to fill this glaring gap. We need a central place for
identifying and referring people to the already existing private
and public agencies.
Cw Tirsell stated that she can appreciate the concern of Cm Miller
and feels it is really a very worthwhile concern and that we do
need to provide more low income housing; however, of the low income
people who live in town, many of them have problems which are severe
and beyond housing needs. There are medical, social, day care, trans-
portation, and food needs. She felt that at the time priorities were
listed this City was saying that listing this center as first priority
was symbolic in saying that henceforth this City is going to do some-
thing about social planning and social services for the City. This
is something that can't be done out of a corner desk in an already
overcrowded City Hall.
Cm Tirsell stated that in sitting on the ACAP Board and communicat-
ing with various agencies has revealed that there is a need for
a center because "nobody is minding the store". There are grants
available, the money is here, there are programs here for every
type of need, but no one is minding the store, so nobody is served.
Cm Miller stated that he did accept the Council majority view concern-
ing priority at the time they were listed but since this time he has
become increasingly disenchanted with building essentially a bureaucratic
building and not using the money to provide something as direct as hous- /~
ing for people who need it. He would agree that there is a need for ~
referral service but to build a new building for this purpose has ~
lost importance in favor of doing something direct, in his opinion.
CM-30-86
May 19, 1975
(Status Report re
HCDA Application)
l/
Cm Miller continued to say that referrals can always be done from
any building and there are other options for taking care of this
problem but there are hardly any options for providing housing and
this is the reason he is asking the Council to reconsider priorities.
0.1+ ho IA~~ rMbc:k, t!itj@1u.k-/
Mayor Futch stated that^low income hofising. wou~d be of significan~
-...&t benefit to the few people who would llF~f..t~~e.. fJi'8al th~ hOU~:t.~g AIDj
~ _ . :::" -" 1l<r~1 a greater number of people would b ~~ i iR9~
.<< 1 e. r - C! 1 lee ,...1 i t.he establishement of a center.
The report was noted for filing.
LAFCO SPHERE OF
INFLUENCE - CITY OF
PLEASANTON
The City of Pleasanton has asked the City Council of Livermore to
support the proposed Sphere of Influence for the Amador Valley.
Cm Miller stated that he would like the Council to consider a
resolution supporting Pleasanton in the Sphere of Influence, in
particular the Pleasanton Ridge that Mayor Kinney wrote to the
Council about, and everything else Pleasanton believes they
should have, with the exception of the Dublin area and the area
north of I-580. This would correspond with Alternate 2 of their
Environmental Impact Report - the City would support Alternate 2.
Cm Miller stated that the reasons for such a resolution could be
that Pleasanton should control all the undeveloped area destined
for future development and that new urbanization should be muni-
cipal. Dublin has already turned down an annexation to Pleasan-
ton and consequently Dublin ln and VCSD should be allowed to have
their own Sphere of Influence. There is also the problem of VCSD
crossing County lines.
CM MILLER MOVED TO SEND A RESOLUTION TO LAFCO WHICH INCLUDES THESE
IDEAS. MOTION WAS SECONDED BY CW TIRSELL FOR DISCUSSION PURPOSES.
Cw Tirsell stated that she attended the hearing in Dublin held by
the Dublin Chamber of Commerce and that there was no support at
all to combine the Dublin area with Pleasanton. The Dublin people
feel defensive about it and they asked the LAFCO representative
some very perceptive questions that the report does not answer.
Cw Tirsell added that while she would like to support the idea
of municipality to best serve the population on a general basis,
she finds after listening to the discussion at the hearing that
it would be very difficult to tell the Dublin people that they f
aren't going to be anybody and the rest of us are going to be po..1'+ 0 1
Pleasanton. I f;.J..&z:t<:-
Cw Tirsell commented that she really feels the problem belongs o'r:':'c.<i~,
with LAFCO and that she read a comment in the newspaper which
aptly describes her feelings and that was, "why doesn't J.JAFCO
get their spheres straightened out?".
(/
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Cw Tirsell suggested that the City go to LAFCO and ask what
their planning process is, and on what basis are they working?
She stated that she does not feel comfortable with the resolution
but would like to help Pleasanton because they did support Liver-
more when we were having Sphere of Influence problems.
CM-30-87
May 19, 1975
(LAFCO Sphere of Influence
City of Pleasanton)
Cm Turner stated that as he recalls Pleasanton asked for the
area north of I-580 to be included in their Sphere of Influence
and it was noted that Pleasanton did not request it but that
LAFCO suggested it for them.
Cm Turner added that the motion supports Mayor Kinney's request
but we are also cutting out a portion of their outlying Sphere
of Influence, and he wondered if this is really what Pleasanton
is looking for and if this is really proper.
)
~
Cm Miller stated that Pleasanton has asked for our views and
that Livermore is only presenting its view but not dictating
anything. We are trying to support Pleasanton but we also
have an obligation to VCSD because they supported Livermore's
Sphere of Influence. We are willing to support Pleasanton in
the undeveloped area, which they should have control of, and
north of I-580 is land that is already developed and there is
an existing jurisdiction so VCSD should be given consideration
for itself rather than being arbitrarily placed in Pleasanton's
Sphere of Influence. We are actually supporting VCSD and Pleasanton.
Mayor Futch stated that in his opinion, that whole area really
should be one city but the only problem is he does not know
of a mechanism to accomplish this. He wondered if the City
should indicate that it really feels there should be one commun-
ity but in view of jurisdictional problems and crossing County
lines, we would have to take this position until that matter
has been resolved.
em Miller stated that this would have to be done as an amend-
ment because he feels there should not necessarily be only one
city at the west end of the Valley.
Cm Miller noted that the resolution is primarily for LAFCO but
a separate letter could be sent to Mayor Kinney.
Cm Miller stated that one of the reasons he would argue about
having one city at the west end of the Valley is because LAFCO
refused Dublin the opportunity to incorporate itself and insisted
that they annex to Pleasanton.
MOTION PASSED UNANIMOUSLY.
Mr. Logan commented that if this is the decision of the Council
the resolution may as well be adopted tonight and accept it as
an urgency measure and during the week Cm Miller or someone from
the Council can meet with the City Attorney's office to select
proper wording so that the resolution can be sent to LAFCO.
RESOLUTION NO. 104-75
A RESOLUTION RELATING TO THE SPHERE OF IN-
FLUENCE FOR THE AMADOR VALLEY.
It was noted that the Councilmembers will have the opportunity to
read the resolution before it is sent to LAFCO.
REPORT RE SEWAGE
CAPACITY RESERVATION
I
J
At the meeting of April 7th the Council adopted a policy pertain-
ing to the reservation of excess sewage capacity and concluded
that an ordinance should be adopted formalizing the policy.
It may be possible to receive additional capacity allotments
if capacity is to be reserved for industrial/commercial use
CM-30-88
May 19, 1975
L
(Report re Sewage
Capacity Reservation)
and the City has contacted the EPA and the State Water Resources
Board concerning this possibility. Communications from the
City of Pleasanton and the F.PA on the general construction of
water treatment facilities and grants have also been submitted to
the Council.
One additional option that might be considered by the Council
would be acquisition of sewage capacity for industrial and
commercial uses, financed locally.
Mr. Parness reported that this was a matter of open discussion
and Cm Turner requested that the item be placed on the agenda
and this is a follow-up of the calculations made by the staff
concerning sewage capacity remaining.
The City Attorney stated that since the time the Council discussed
reserving sewage capacity he has done research with his assistant
and has come to different conclusions about what would be required
to accomplish allocation, to some degree, of the remaining sewer
capacity.
Prior to the meeting a copy of a draft ordinance was submitted to
the Council and it was not the intention that this is what was
felt to be the final language, but rather to indicate how an ordi-
nance could be prepared to accomplish some of the purposes the Council
is interested in.
Mr. Logan stated that he would like to break the ordinance down into
four general areas: l) relating to general application of what kind
of evidence we should have at our disposal, or before the Council, to
effectuate the kind of ordinance the Council is interested in; 2)how
this particular kind of ordinance might be applied: 3) what the poten-
tial legal consequences would be if such an ordinance is adopted; and
4) basically a discussion of two alternative methods available to
perhaps accomplish the Council's purposes. He stated that he will
attempt to point out the advantages or disadvantages of the two
methods.
1. Evidence:
The Council will have to establish that there is a sewer shortage
either threatened or actual. Furthermore, the Council will have
to show that the capacity allocation is in accordance with the
City's General Plan, and it is perhaps not so coincidental that
the General Plan does include allocation policies for sewage, and
probably equally applicable to water if that ever becomes a problem
again.
(/
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The Council will have to hear or be made aware of evidence on the
relationship of residential vs. industrial vs. commercial. The
effect of those three on an unbalanced community, if it is economi-
cally unbalanced, there could be findings that there are certain
advantages to having industrial sewer usage over residential. He
stated that he is not sure the findings are available but if the
City can relate the sewer capacity, the allocation of that capacity
and some benefit to be derived in the sewer system by that kind of
allocation, has justifications that are not so remote as going into
air quality problems or other unsettled areas of what is a true
economic interest for the general welfare of a community.
The Council should be interested in, and have some evidence to
support a conclusion that industrial and commercial use will be
responsive to the needs the Council sees existing in the community -
not only in terms of economic imbalance but in terms of air quality
or in terms of any other interest which is the subject matter of
this City's police power which goes to health, safety, and general
welfare.
CM-30-89
May 19, 1975
(Report re Sewage Capacity
Reservation)
The Council will also have to look at evidence to indicate how
industrial/commercial usage will mean cleaner effluent, if in fact
that exists, again looking to the benefit of the sewer system itself
and relating directly back to why the City is allocating the capacity
that is remaining.
VThe City Attorney stated that what he is trying to say, basically,
and he is not sure there is any evidence at all, is that if the City
is going to allocate the remaining sewer capacity and if the City
can show that the allocation somehow benefits the total sewer system,
- such as saying that industrial effluent is cleaner than residential
effluent. In such event a finding can be made or it can be argued
that in view of this the plant does not have to work as hard, for
example, or that commercial effluent does not use up as much capacity
and therefore advantageous to the entire system because more can be
put on the line without being concerned with usage.
I
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Mayor Futch stated that it may be possible that some industry would
have a high grade of effluent: however, there may be others that
would be much worse than residential and, in fact, there may be
some industry that might not be allowed because of their effluent.
Mr. Logan commented that he is sure there are many ramifications
and different possible uses and he is not sure that any of the
things he has mentioned will necessarily apply but if such bene-
fits do exist it is to the advantage of the City to hear the bene-
fits so they can be part of the general overall package of evidence
for making a determination as to whether the City will allocate or
not. Also, this is always something he could look back on and say
that these are factors that entered into the Council's final con-
clusion, and all factors relating to sewer capacity.
2. Health & Safety Factors:
Hr. Logan stated that with respect to health and safety factors of
the community, the Council will want to tie together the allocation
to local problems that exist, which could include air quality, water
quality and any number of local problems we might have.
3. Application of Policy:
In looking at the application of a policy such as this, be it by ordi-
nance or otherwise, there are different possibilities that arise.
There is the obvious possibility of denying more hook-ups but there
is also the possibility of rationing to present holders. Rationing
has some inherent problems built into it and for health reasons, per-
haps it would be advisable not to try to ration. This would also be
a difficult thing to monitor and control.
Mr. Logan stated that he is giving the Council the options available -
that hook-up could be denied or there could be a rationing system.
The Council could work out systems with new water use policies, i.e.,
from the use of the water that actually feeds into the sewer system.
If less water is used there would probably be some decrease in the
usage of the sewer system and therefore increase the available capacity.
Some groups have suggested that, for instance, if gallons in a toilet
bowl are reduced from 8 gal. to 4 gal. it would reduce the amount of
capacity flowing through the system and in effect increases the
remaining capacity that could be allocated. This would be another
potential option.
'/-----"--''''"
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CM-30-90
May 19, 1975
(Sewer Allocation)
4. Time Limits:
~
Lastly, in ~he application, the City Attorney feels the Council can
and should look at time limits to be applied. As long as a party
is willing to, or wants to make use of a hook-up, the party should
have some time limitation as to how long he has to take advantage
of this provision.
Mr. Logan added that the particular ordinance which is before the
Council is a model ordinance and does not include a timing factor.
A timing factor could be included in an ordinance or in Council
policy created by resolution following the ordinance, and in a
way of effectuating the ordinance.
With respect to legal consequences, there are a few cases in this
area and there appears to be some general duty to provide services,
be they water or sewer. Incidentally, most of the cases that can
be looked at are water cases and not sewer cases.
There are two basic breakdowns with respect to sewers - there are
districts that control them and there are municipal entities that
control their own water and sewer. The duty for the district to pro-
vide service is probably more persuasive than for a general law city
since general law cities are basically exercising police powers which
are not found in districts. Districts are created by law and are
severely limited by the statutes creating that district. Districts
may be obligated to serve on a first come, first served basis but
this is probably not necessarily an obligation of a city. The
ability to to avoid the firt come, first served basis, would appear
to arise out of the general police powers.
5. Legal Aspects:
Mr. Logan stated that he is probably not covering the entire field
of possibilities but the three mentioned are basic possibilities
in terms of legal consequences, i.e., litigation arising out of
the City's passing an ordinance - allocating sewer capacity.
One suit might be the challenging of the use or misuse of municipal
police powers. Generally, ordinances are deemed to be lawful and
constitutional and basically, the suit would have to show acts of
the Council a~arbitrary, capricious, or an abusive discretion.
In other words, if possible, there should be some evidence to fall
back onto in order to properly defend a law suit.
The City's act of allocating is what
act and the legislative act does not
evidence to support the conclusion.
supported by substantial evidence.
clarity and as a backstop, he would
substantial evidence in the records
the Council reaches.
is considered a legislative
need anything more than some
There need not be findings
However, for the purpose of
suggest there be possible
to support whatever findings
This kind of evidence helps avoid arguments, in litigation, that
the legislative body acted arbitrarily, capriciously or abused
discretion.
(
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Mr. Logan stated there is another possible argument that could be
raised - a possibility of some implied contract to serve. He stated
that in his opinion this kind of argument doesn't hold water and
especially in the view that there is not adequate capacity which is
not the fault of the City, and the fact that there is always a possi-
bility of some future capacity.
CM-30-9l
M.ay 19, 1975
(Sewer Allocation)
In order to overcome such an argument the legislative body should
be in a position to make reasonable attempts to increase the sewer
capacity, when appropriate and consistent with the General Plan,
and its related planning policies, to show a good faith attempt
to prove that there is a pointed difficulty in increasing the
capacity of the plant.
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One of the more crucial issues' that might arise is the possibility
of inverse condemnation action. He stated that he feels this kind
of action would be unsuccessful, in view of the fact that Marin
and Galido Water Districts have had inverse condemnation actions
filed against them and in both cases the court held that a damage
action did not lie. The suits were filed because of failure to
supply water. He added that these two entities are districts
and not municipalities and to some degree were in a worse position
that perhaps a municipality would be. In other ways a municipality
might be in a worse position - if it exercises its powers rather
capriciously and this is the reason he is concerned about background
evidence to support findings and conclusions.
Mr. Logan cited various court cases which are pending so that
the Council would hav~ some idea of what the laws are in this
area.
6. Implementation:
Mr. Logan explained that the Council can irnolement reservation of
capacity by policy, which has basically already been done by resolu-
tion. The difficulty with a resolution, from a legal viewpoint, is
that it gives the Council much more flexibility, which is a good
thing on the one hand, but on the other hand it can tend to lend
itself to arguments and claims that the actions o-f' tl-\e Council are
arbitrary and capricious.
The other way to implement the policy would be to implement it by
ordinance. The implementation of an ordinance cements it in absolutes,
i.e., it is less challengable for being arbirary and capricious be-
cause the Council lays out rather specifically what can and cannot
be done and there is no discretion, "left ~:d thin the Council".
At this point ~r. Logan is asking the Council for direction as
to which way it wants to go - resolution or ordinance. He added
that the ordinance spells out a specific cut-off date and what
commitments are involved, where the allocations would be, who
is allocated what in terms of low income houing and in terms of
industrial/commercial.
CM MILLER MOVED TO DIRECT THE STAFF TO PREPARE AN ORDINANCE, THAT
THE COMMENTS MADE BY MR. LOGAN BE PRESENTED TO THE COUNCIL IN WRIT-
ING AND THAT THE STAFF BE DIRECTED TO CONSIDER ALL THE VARIOUS AS-
PECTS AND FINDINGS PRESENTED BY MR. LOGAN FOR AMPLIFICATION, TO BE
PRESENTED TO THE COUNCIL, SECONDED BY CM TIRSELL.
Cm Tirsell wondered how the ordinance would affect reserving
45% of the capacity for residential and 45% for industrial
and Mr. Logan indicated that, in effect, the ordinance would
override or pre-empt that resolution.
The ordinance which is suggested does not represent the 45%-45%-lO%,
because it has transferred the 45% residential into the 45% commer-
cial/industrial use, for the remaining capacity up to 5 MGD. At
the time the capacity increases over 5 MGD, dry weather use, this
ordinance pushes it back to the policy which is consistent with
the General Plan Policy of 45%-45%-10% (45% for residential, 45%
industrial/commercial and 10% for low and moderate income housing) .
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CM-30-92
May 19, 1975
(Sewer Reservation)
Mr. Logan stated that, in other words, he is saying that by adopting
an ordinance the City can continue to allocat based upon the same
findings. The findings will probably not change for a long time,
and may never change.
L
Cm Miller stated that findings are a key aspect to this, in his
opinion, and the question of economics and air quality, balancing
of the community in view of our overwhelming imbalance, towards
residential are all issues that should be provided for in the
staff discussion. This staff discussion is very important and
all the major department heads and the City Manager should be allowed
input.
Mr. Logan stated that he is not aware of any precise study of the
economic effects of unbalanced communities, or any precise study
affecting this community but is aware of the fact the City's General
Plan consultants have been looking at those problems and are in a
position to address themselves to them. He felt input by the consul-
tants would be quite useful.
Cm Miller stated that one other finding which might be considered,
is energy consumption having to do with residential and the known
statistics that nine out of every ten houses are sold to a commuter.
Energy is now one of the requirements that has to be considered for
the Environmental Impact Statement and certainly that would be
applicable in this instance.
Mr. Logan indicated that anything the Council might have in the
way of suggestions on relevant findings would be most helpful.
He did not mean to cover the field by the findings he mentioned
but rather chose general areas of findings he feels are important.
Certainly energy consumption is a very basic and useful finding in
this matter.
MOTION PASSED UNANIMOUSLY.
Cm Turner stated that he has a concern he would like to mention.
It is his understanding that at some point in time, or now, the
available sewer capacity is going to be limited by population in
the Valley. At present we are nearly at capacity and Mr. Lee
is saying that we really should try to do something about expansion
now and that we should apply for additional expansion. After read-
ing Mr. Lee's letter he felt it was at least food for thought.
Cm Turner stated that in reflecting upon the resolution, the ordi-
nance, and Mr. Lee's letter he would like to state that if we are
going to continue on a forward path in relation to planned growth
it is imperative that we receive a fair share of treatment expansion.
It is feasible that if we "sit on our hands" the other Valley cities
will receive the remaining federal funds available for treatment
expansion. Also, it should be mentioned that if we acquire a fair
share of treatment capacity the following positive actions will
formulate: l) we will better be able to control the future of
the Valley; 2) we will eliminate the justification of another New
Town; and 3) we will be able to achieve our proposed General Plan
which is going to cost us in excess of $100,000 to formulate.
~
Another point is that by having expansion we will be able to justify
recapture of our Sphere of Influence which is truly important to the
City of Livermore; one area, in particular, would be the portola Avenue
Area mentioned by Cw Tirsell earlier. We should have control over
what is happening there because this affects our commercial develop-
ment.
We will be able to provide our residents with needed commercial
and industrial development and will be able to establish low cost
CM-3D-93
May 19, 1975
(Sewer Reservation)
housing and medium cost housing so desperately required to supple-
ment and justify the expanded commercial and industrial development.
He stated that he is truly concerned about the statement that we
are actively pursuing expansion. He stated that he feels very
strongly about following Mr. Lee's suggestion to seek federal
funding for expansion of our present plant from 5 MGD to 7.5 MGD.
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CM TURNER MOVED TO ACTIVELY SEEK FEDERAL FUNDING FOR EXPANSION
FROM 5 MGD to 7.5 MGD, AS RECOMMENDED BY MR. LEE, SECONDED BY
MAYOR FUTCH FOR DISCUSSION PURPOSES.
Cw Tirsell stated that Cm Turner has made excellent observations
and the things Cm Turner would like accomplished the rest of the
Council would like to accomplish. She stated that she appreciates
Cm Turner's concern and is sure he has given this matter ample
thought but the Council has absolutely no information as to what
the people who dole out money have in mind. They do not like 10
MGD for Livermore but the City did also send in an application
asking for I MGD, a very modest increase in the expansion, which
was denied and besides being a request for a very small amount
it was a clean water grant. It was clear that there would be an
upgrading of our plant with a high lime treatment if they approved
the application.
Cw Tirsell stated that she feels the City should sit down with
people from LAVW~1A and discuss what would be a reasonable alloca-
tion. We can submit arbitrary grants from now on and because of
the air quality basin they can turn down our applications. We
should find out who will make the allocations for this Valley
and what a reasonable amount would be for Livermore and for
Pleasanton.
Cm Turner stated that he feels the City should make an applica-
tion to go on record. Pleasanton has already applied and VCSD
is going to have to apply and his concern is that there is going
to be only so much allocated for the Valley and he does not want
Livermore to lose out on the chance for expansion.
Mayor Futch stated that he feels the point of going on record
for applying is a very good point but it would appear that a
I MGD expansion would be all Livermore could hope for. He
stated that he would go on record as supporting the motion if
the motion were changed to read that the Council would apply
for an expansion of 1 MGD. One MGD would handle a lot of
commercial and industrial use and it would appear that 1 HGD
would handle all of our future needs for this purpose, in
addition to some additional capacity for remaining uses. He
added that 2.5 MGD appears to be too high with respect to the
amount of population growth this would allow, in view of
environmental grounds.
Cm Turner stated he would like to point out the following: l)
an application of expanding 2.5 HGD does not mean that we will
have to build to this capacity; 2) we have applied for 1 MGD
and this has been rejected: and 3) what will be required if
we follow through with the new General Plan? He suggested that
the City apply for 2.5 MGD and if they allow us only 1 MGD this
would be fine.
Cm Miller asked Cm Turner what he would propose to do with the
2.5 MGD if it is allowed and Cm Turner indicated that he does
not have a specific plan in mind but for one thing, it would
allow following through with the recommendations of the General
Plan.
J
CM-30-94
May 19, 1975
(Sewer Reservation)
Cm Miller asked how much would be allocated for residential and
how much would be specified for commercial/industrial and Cm Turner
stated that he is not sure but probably none of this could be reserved
for industrial/commercial.
L
Cm Miller pointed out that the EPA will not allow sewer expansion
for commercial/industrial, so the City cannot expect to use any frac-
tion of the expanded amount for this purpose. Therefore, what good
does it do to apply for 1 MGD if you can't use it for industrial
or commercial use, which is what the City wants to do with additional
capacity? Applying for expansion would mean asking for additional
capacity in the sewer to provide for residential expansion.
Cm Turner stated that first of all there is a remaining capacity of
350,000 GPD and this amount could be shifted to serve industrial
and commercial development and the~.~~GqapPlied for could be used
to serve the residential uses. ~,~~ .?
Of. iF @..-<'..a.~ .
Cm Miller stated that the City isn't sure there can be such a shift,
but it certainly is worth exploring.
The problem with respect to sewer expansion in that any sewer expan-
sion for residential is disastrous for our air quality and therefore
nobody in this Valley should have any additional sewage. We should
be looking to the possibility of limiting expansions of other cities
on the grounds of public health, rather than demanding sewer capacity
for Livermore.
Mayor Futch commented that the grant specifies that the expansion
cannot be used exclusively for the use of commercial/industrial -
it does not mean that part of it will not be able to go for this
purpose.
Cm Hiller stated that if you have a sewer plant that has 1 MGD and
you can't use it exclusively for industrial, you must put some
fraction of it into residential development, which is bad for the
air quality. In essence, you would be cutting off your nose to
spite your face.
Cm Miller stated that he would like to offer a more reasonable
suggestion, in his opinion, about how the City should apply this.
We should ask that if the EPA and State Water Resources Board are
going to approve expansion of sewer plants for residential develop-
ment, despite our air quality problems, then Livermore should get
a share of that total, according to its population.
Mayor Futch stated that if the area where the tracks have been
relocated wants to develop, we must have additional sewer capacity
and the City does want this area to develop.
Cm Miller stated that one possible solution might be to make every
effort to get the population projections of the Valley consistent
with the Air Quality Standards and the Clean Air Act so that the
amount of sewer expansion allowed for residential purposes be
more sharply limited than it presently is - including VCSD and
Dublin.
/'
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Secondly, if the threat of the increase of smog is reduced by the
limitation of the residential aspect then we could sell a bond
issue to our citizenry for relatively small amount of sewer expan-
sion (perhaps .5 MGD) to be devoted entirely to industrial/commercial.
An expansion of .5 MGD would not be very costly and would have the
added advantage of bringing us a tax base as well.
CM-30-95
May 19, 1975
(Sewer Reservation)
There was discussion concerning the pros and cons of applying
for 2.5 MGD and opinions as to why any application for expan-
sion should or should not be made.
MOTION FAILED l-3 (Cm Miller, Cw Tirsell and Mayor Futch dissenting) .
Cw Tirsell stated that she really likes the idea of visiting the
EPA 'vii '=.1. aR applica~ion rcqucstiREj 2. ~ rtGD cxpan3ien, .:10 'icll as
to express concerns for the possible residential growth in the
entire Valley. She stated that she would like to find out if
they are going to fund for residential growth which would be
allowed by sewer expansion grants, and if they are going to con-
tinue the funding to allow residential growth Livermore would
like to know how much we would be allowed.
J
Cw Tirsell suggested that the City go to the EPA with the Public
Works Director's information and tell them that we realize expan-
sion cannot be reserved for industrial/commercial use but we are
concerned about balance in the community. If they do intend to
proliferate residential growth in the Valley through expansion
grants to Pleasanton and VCSD then we would intend to be included
in those grants.
Cm Miller stated that in his opinion he does not want Livermore
representatives to go to the EPA with a figure which may give the
impression that we are willing to apply for a sewer grant despite
the fact it is bad for our air quality.
Cw Tirsell stated that she isn't sure a number has to be taken to
them but would like to find out from the EPA what they feel would
be a reasonable figure and would prefer to write up something to
submit along this line.
CW TIRSELL MOVED TO DIRECT THE MAYOR TO VISIT THE EPA TO
INQUIRE ABOUT THE EPA POLICY AND IF THEY DO INTEND TO CONTINUE
TO GRANT EXPANSION FUNDS FOR RESIDENTIAL GROWTH, IN THE FACE
OF A WORSENING AIR BASIN, THEN THE CITY OF LIVERMORE DOES FOR-
~~LLY REQUEST THAT OUR SEWER TREATMENT PLANT BE CONSIDERED
AMONG THE OTHER TWO Cm1MUNITIES APPLYING FOR GRANTS FOR SE~II]ER
EXPANSION, RECEIVING AN EQUITABLE SHARE IN PROPORTION TO OUR
POPULATION. MOTION WAS SECONDED BY CM MILLER AND PASSED UNANIMOUSLY.
Cm Turner asked that this item be placed on the agenda again in 30
days so that the results of the EPA meeting can be discussed.
CM TUIDIER MOVED TO DIRECT THE STAFF TO DETEID1INE THE COST OF
VARIOUS SIZED PROJECTS, i.e., .5 MGD, 1 HGD AND 5 MGD, TO BE
PLACED ON THE AGENDA IN FOUR WEEKS, SECONDED BY CW TIRSELL
AND PASSED UNANIMOUSLY.
REPORT RE CITY RECOGNITION
- POLICE DEPT. UNION AFFILIATION
- OPERATING ENGINEERS LOCAL NO. 3
The City Manager has received notice that the Police Association
has elected the Operating Engineers Local Union #3 to act as
their representative in all matters of employee-employer rela-
tions.
CM TIRSELL MOVED TO OFFICAILLY RECOGNIZE OPERATING ENGINEERS
LOCAL UNION NO. 3 TO SERVE AS THE LABOR RELATIONS REPRESENTA-
TIVE FOR ENLISTED DEPARTMENTAL PERSONNEL. MOTION WAS SECONDED
BY CM TURNER AND PASSED UNANIMOUSLY.
J
CM-30-96
~
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May 19, 1975
REPORT RE SUMMER
STUDENT PROGRM1
The City Manager reported that the City Council has been alerted
to the serious status of our revenue expenditure forecast for the
1975-76 fiscal year. Various revenue generating sources are under
close staff examination and unfortunately one of the alternates is
to delete the annual summer student program. For the past several
years our City has employed 26 local students during the three summer
months at a total of slightly in excess of $18,000. Ordinarily the
loss of the summer help would be sorely felt but this year our City
has hired 24 adult maintenance workers for a one year term and this
is being entirely funded by federal funds. It is recommended that
the Council adopt a motion authorizing cancellation of the student
summer program for the 1975-76 fiscal year.
Cm Tirsel1 stated that she read an article in the Oakland Tribune
about Oakland's Mayor's alliance for creating jobs for teenagers
and wondered if we could call a youth crises conference to be
held at City Hall and to invite the Chamber of Commerce and the
School District to attend. Perhaps through their volunteer system
we can have a week to phone businessmen and ranchers, etc., to see
if we can get jobs for teenagers, and to help replace the jobs
that the City normally furnishes.
CM TURNER MOVED TO AUTHORIZE CANCELLATION OF THE STUDENT SU~1ER
PROGRAM FOR THE 1975-76 FISCAL YEAR, SECONDED BY CM MILLER AND
PASSED UNANIMOUSLY.
CM TIRSELL MOVED TO CREATE A YOUTH JOB CRISES CONFERENCE, WITH
INVITATIONS TO THE CHAMBER OF COMMERCE, LARPD, SENIOR CITIZENS,
SCHOOL DISTRICT AND ALL CHURCH GROUPS, TO SET ASIDE A WEEK, PERHAPS
THE FIRST WEEK IN JUNE, TO GET VOLUNTEERS TO PHONE ALL BUSINESSMEN,
RANCHERS, AND ANYONE ~mo MIGHT BE ABLE TO FURNISH JOBS FOR TEENAGERS.
MOTION WAS SECONDED BY CM MILLER AND PASSED BY UNANIMOUS VOTE.
REPORT RE MAYOR
ROTATION POLICY
Mayor Futch read that the present Council policy is one in which
the ~1ayor and Mayor pro tempore are selected annually by the Council.
The Mayor may be chosen to serve a second year but not longer. The
Mayor and Mayor pro tern serve at the pleasure of the Council.
Present policy has served the Council well for many years and having
a rotation policy would compliment the present policy and facilitate
the annual reorganization of the Council.
Mayor Futch stated that he would like to propose the following
priority: 1) the most senior Councilmember who has not served
as mayor shall be elected as Mayor for at least one full year
with the exception that the existing Mayor may be chosen for a
second term. 2) If two or more members have the same seniority
the Councilmember receiving the greatest number of vote in the
last municipal election shall have priority. The same priority
system would also hold for the !1ayor pro tern. After becoming
established this policy will mean that the Mayor pro tern
will be next in line for the Mayor's seat. This policy
will allow greater citizen participation by placing the
newly elected Councilmember having the greatest number of votes
first in line for Mayor among the newly elected members. It
would also provide the community with a Mayor who is an experienced
Councilmember that has served at least one year as Mayor pro
tern.
Cm Turner wondered if discussion concerning this policy should
be continued until Mr. Staley joins the Council but Mayor Futch
stated that he would hope the policy would be adopted tonight.
CM-30-97
May 19, 1975
(Council Rotation)
THE COUNCIL CONCLUDED THAT THIS MATTER WILL APPEAR ON THE
AGENDA IN TWO WEEKS.
REPORT RE PROPOSED
BART EXTENSION PLAN
J
The draft of the Final Report on the Livermore-Pleasanton BART
extension study has been reviewed by the staffs of Livermore,
Pleasanton and Alameda County and the various hearings held on
the subject have been attended by representatives of the respec-
tive jurisdictions. The proposed rail route and station locations
as indicated in the report would provide the valley community with
satisfactory BART rail service.
The report offers an alternative to the Livermore-Amador Valley -
a permanent express bus service. This alternative was discussed
because of the substantial reduction of cost compared to the cost
of implementing the rail system.
CM MILLER MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE LETTER
liHICH WAS PREPARED JOINTLY WITH PLEASANTON M~D SUPERVISOR MURPHY,
AND FOR THE MAYORS OF LIVERMORE AND PLEASANTON TO SIGN THE LETTER.
MOTION WAS SECONDED BY CM TIRSELL AND PASSED UNANIMOUSLY.
P. C. REPORT RE COUNTY
REFERRAL RE REZONING
OF EL CHARRO ROAD
(Rhodes & Jamieson)
At the meeting of May 6, 1975, the P.C. considered the referral
from Alameda County concerning the request for rezoning of the
Rhodes & Jamieson property from Agricultural District to M-l
(Light Industrial), for a site located on El Charro Road.
In the spirit of cooperation with the City of Pleasanton the
Livermore P.C. recommended to the County that the subject
rezoning be in accordance with the recommendation of the City
of Pleasanton and advising that the proposed zoning will not
be in conflict with any plans of the City of Livermore.
ON MOTION OF CM MILLER, SECONDED BY CW TIRSELL AND BY UNANIMOUS
VOTE, THE RECOW1ENDATION OF THE PLANNING COW1ISSION WAS ADOPTED.
ORD. RE CITY
ATTORNEY'S OFFICE
ON MOTION OF CM MILLER, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE, THE ORDINANCE ADOPTING THE MUNICIPAL CODE AMENDMENT RE-
GARDING THE CITY ATTORNEY'S OFFICE \1AS ADOPTED.
ORDINANCE NO. 864
AN ORDINANCE M1ENDING CHAPTER 2, RELATING
TO ADMINISTRATION OF THE LIVERMORE CITY
CODE, 1959, BY THE ADDITION THERETO OF A
NEW ARTICLE, ARTICLE VII, RELATING TO CITY
ATTORNEY.
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LETTER TO SUPERVISOR
COOPER RE RESIGNATION
Cm Miller commented that Cw Tirsell has suggested that there be
an asterisk in the letter to Supervisor Cooper pointing out that
CM-30-98
/
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May 19, 1975
(re Letter to
Supervisor Cooper)
these are as reported in the ABAG report, and Cm Turner wondered
if the letter could indicate that there was a majority vote on
the I-58D concept of supporting six lanes, but concluded that
the records indicate that he favors the eight lane concept.
ON MOTION OF C~V TIRSELL, SECONDED BY CM TURNER AND BY UNANIHOUS
VOTE THE COUNCIL APPROVED THE LETTER THAT IS TO BE SENT TO SUPER-
VISOR COOPER CONCERNING HIS CO~1ENTS TO ABAG UPON HIS RESIGNATION.
COMPLAINT RE WEEDS
& STORAGE OF EQUIPMENT
Mayor Futch stated that he has received a complaint about weeds and
about storage of equipment at 1609 and l625 walnut Street and asked
that the staff check into the complaint.
ADJOURNMENT
Mayor Futch adjourned the meeting at ll:30 p.m. to an executive
session to discuss pending litigation.
APPROVE
/k,4 // ~L/
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L er re, California
ATTEST
Regular Meeting of May 27, 1975
A regular meeting of the City Council of the City of Livermore
was held on May 27, 1975, in the Municipal Court Chambers, 39
South Livermore Avenue. The meeting was called to order at 8:07
p.m. with Mayor Futch presiding.
ROLL CALL
Present: Cm Turner, Miller, Cw Tirsell and Mayor Futch
Absent: None (One Vacant Seat)
PLEDGE OF ALLEGIANCE
Mayor Futch led the Councilmembers as well as those present in the
audience, in the Pledge of Allegiance.
MINUTES
May l2th
Page 56, fourth paragraph from the bottom should read: Cm Miller
pointed out that Alameda County's Series "B" isn't related to the
Department of Finance projection.
C.M-30-99
May 27, 1975
(Minutes Corrections)
Page 69, 6th paragraph from the bottom, delete Al at the end
of that paragraph (typo).
Page 75, first paragraph, line three should be administrative
assistant position..etc.
Page 55, first paragraph, line 6, should state "Series B" rather
than "Series E" projections.
J
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE, THE MINUTES FOR THE MEETING OF MAY l2, 1975, WERE APPROVED,
AS CORRECTED.
PUBLIC HEARING RE
ADOPTION OF NATIONAL
ELECTRICAL CODE
Mayor Futch opened the public hearing for the adoption of the Nat-
ional Electrical Code, 1975 edition, for the purpose of hearing
public testimony.
There being no public testimony, ON MOTION OF CM TIRSELL, SECONDED
BY CM MILLER AND BY UNANIMOUS VOTE THE PUBLIC HEARING WAS CLOSED.
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE THE ORDINANCE ADOPTING THE NATIONAL ELECTRICAL CODE, 1975
EDITION WAS ADOPTED.
ORDINANCE NO. 865
AN ORDINANCE AMENDING CHAPTER 8, RELATING TO ELECTRI-
CITY, BY THE AMENDMENT OF SECTION 8.l RELATING TO ADOP-
TION OF THE NATIONAL ELECTRICAL CODE: SECTION 8.9(b),
RELATING TO EXPIRATION OF PERMITS: AND SECTION 8.10,
RELATING TO FEES; OF THE LIVERMORE CITY CODE, 1959.
CONSENT CALENDAR
Res. Accepting Litiga-
tion Settlement (Tide-
water oil Company)
The Tidewater Oil Company provided the golf course sand at a pur-
chase price of $400. Upon application of the sand it caused
several burned turf areas indicating it was chemically defective.
Litigation was commenced in the amount of $5,600, on our behalf
and through a series of negotiations the company has agreed to a
settlement of $4,000. The City Attorney has recommended accept-
ance of this amount.
RESOLUTION NO. l05-75
A RESOLUTION AUTHORIZING SETTLEMENT OF LAWSUIT
(City of Livermore v. Tidewater Sand and Gravel, et all
Res. Auth. Funds
for Community
Affairs Celebration
J
The matter of approving an expenditure of up to $2,000 was approved
at the last Council meeting and it is recommended that a resolution
be adopted.
CM-30-l00
May 27, 1975
RESOLUTION NO. 106-75
A RESOLUTION AUTHORIZING EXPENDITURE OF $2,000
(Community Affairs Committee)
u
Res. re Location of
Garbage Dumps
At the Council meeting of May 19th, a discussion was held concerning
AB 2220 relating to location of garbage dumps. It is recommended
that a resolution supporting AB 2220 be adopted.
RESOLUTION NO. l07-75
A RESOLUTION SUPPORTING AB 2220
(Relating to Location of Garbage Dumps)
Res. Auth. Exec. of
Agree. re Escrow
It is recommended that a resolution be adopted authorizing execution
of agreement with Wells Fargo Bank to allow Wells Fargo to serve as
an escrow agent pending settlement of the cost liability between
the City and PG&E involving the relocation of a power pole.
RESOLUTION NO. l08-75
A RESOLUTION AUTHORIZING EXECTUION OF
AGREEMENT (Wells Fargo Bank, N.A.).
PAYROLL & CLAIMS
There were 69 claims in the amount of $213,223.49, and 299 payroll
warrants in the amount of $93,50l.43, for a total of $306,724.92,
dated May 19, 1975, and ordered paid by the City Manager.
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM TURNER, SECONDED BY CW TIRSELL AND BY UNANIMOUS
VOTE, THE CONSENT CALENDAR WAS APPROVED.
MATTERS INITIATED
BY THE STAFF
(Summer Jobs - Students)
c
Mr. Parness reported that as a result of the suggestion made by CW
Tirsell relative to jobs for students for the summer, the City has
tried to accomplish finding summer jobs. If the Council so desires,
a proclamation could be adopted declaring Youth Crises Week, June 8
to June l4th. If such a proclamation is adopted it would hopefully
be published in local newspapers.
The essence of the program is that with the cooperation of the
Livermore Unified School District, LARPD, and the Chamber of
Commerce and our City, we will ask for volunteer help to make tele-
phone calls to various people who might have work for youths. He
added that the telephones used for this purpose would have to be
paid for by the City because the Telephone Company is prohibited
by PUC order to make contributions. It is anticipated that the cost
for the telephones will be about $200 and perhaps there will be dona-
tions from the public that will cover this cost.
CM-30-l0l
May 27, 1975
(re Summer Jobs)
A special number will be published in the newspapers and the City
hopes that merchants and local citizens will contact the City if
they have jobs for students.
The job application has been prepared and will be distributed
through the School District and LAPRD and will also be available
at the Recreation District Center at 8th and "H" Streets as well
as at City Hall and the three fire stations. Applications will be
processed by the volunteers who will contact students for summer
work.
.J
Mayor Futch read the proclamation which was adopted by the Council.
(SB 879 - Nejedly)
Mr. Parness stated that SB 879 offered by Senator Nejedly, is a
bill which was originally drafted by our City two or three years
ago requiring that BART extend rail line service to areas within
the confines of the present three county area, which makes up the
district, prior to the time that they are extended outside of that
three county district, and with the use of district funds.
Mr. Parness stated that he was involved in drafting the bill and
we were partially successful in getting it through the legisla-
ture in that it did pass the Senate but was stopped in the Assembly.
Mr. Parness stated that in his opinion it is a bill worthy of
our Council's support.
ON MOTION OF CW TIRSELL, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE, THE COUNCIL SUPPORTS SB 879.
(Reclamation Plant
Capacity Report)
The City Manager stated that he has prepared a brief statement
from a number of reports prepared by our consulting engineer, con-
cerning the water reclamation plant capacity, and felt it might
be helpful for the Council to review these items. He indicated
that the report gives a good chronological statement of events
that created the City's present position.
Cm Miller commented that one thing mentioned in Brown and Caldwell's
handwritten report that Cm Turner and Cw Tirsell have not seen is
that when the designed capacity of the proposed project was re-
viewed there was not sufficient sewer connection fee money to
build a lO MGD and it was questionable as to whether there would
be enough for a 7.5 MGD plant. This was one reason the smaller
plant was favored, in addition to the fact that there would be
a better effluent process. It was felt that the City would prefer
to have the better process and would allow some sewer capacity.
MATTERS INITIATED
BY THE COUNCIL
(re Fees & Housing)
...........,
J
em Miller commented that in discussing housing with the General
Plan Consultants recently, it was mentioned that the increased
square footage of the average house means so many dollars more
per square foot. He added that the lot is only 1/4 of the total
amount and is relatively insignificant compared to the total
cost.
He stated that he read an article in the newspaper which told
how money can be saved such as cutting down on the amount of
glass and not having shake roofs. He suggested that this arti-
CM-30-l02
May 27, 1975
(Housing & Fees)
cle be sent to the General Plan Consultants, and that the members
of the Council also look at it.
(Litter Enforcement)
~ Cm Miller stated that a couple of weeks ago Mr. Regan brought up
the matter of litter and enforcement of our litter ordinance and
in his opinion Mr. Regan had a good point about providing more
strategically located litter cans and enforcing the ordinance.
Mr. Parness stated that the Council has instructed the staff to look
into the feasibility of a recycling law and the City has received a
lot of information on this matter. One of the critical aspects of
the study has to do with the legal support of such a proposition.
There is no court law on it but the staff has found an opinion
that was done after a great deal of research, in the City of
Berkeley, that contended there was not legal support for such matters.
This conclusion was drawn by the former Berkeley City Attorney; how-
ever that matter was under review by the existing City Attorney and
reportedly they were thinking of reversing this decision. We have
been waiting for the new research to be done before coming back to
the Council. He stated that this matter would be similar to the
Oregon Bottle Bill, and the staff is working on it.
(Speed of Cars)
Cw Tirsell stated that she has received complaints about the speed
of cars in residential areas and suggested that the Police Department
initiate a June "crackdown" to get the speeds down because there are
so many children on the streets during the summer and this is a very
dangerous situation.
(Route 84 Bypass)
Mayor Futch stated that the deadline concerning the Route 84 Bypass is
nearing and wondered if the City Manager will soon be reporting to
the Council concerning this item.
Mr. Parness stated that he has discussed the deadline with officials
of Cal-Trans and he has been reassured that this will not be invoked
against the City. The area is now being appraised and when it is
finished the package will be transmitted to the Board of Supervisors
and if they are in agreement we will be able to go to Cal-Trans and
the State Highway Commission.
(LAFCO Hearing Res.)
Cm Miller stated that with respect to the LAFCO hearing a resolution
has been prepared by the City Attorney's office based on the motion
made by the Council last week and based on comments made by him. He
asked if all of the Council is satisfied with the resolution because
this will be the resolution presented t~ LAFCO.
The Council concurred that they were satisfied with the resolution.
'---~ '
(Letter to COVAl
Cm Tirsell stated that the Council received a copy of a letter to
the permanent members of COVA, which she drafted, concerning
Pleasanton's resolution asking COVA not to discuss their shopping
center. She stated that she has asked Mayor Kinney and his Council
CM-30-l03
May 27, 1975
(re Letter to COVAl
reconsider their action in the light that all of the permanent
members of COVA could ask COVA not to discuss their pet projects.
Cw Tirsell stated that she feels COVA is not particularly interested
in land uses within municipal boundaries, necessarily, but rather
is concerned about the regional aspect. Problems grow if people
do not ask questions and discuss things that they are concerned
about. She stated that she views COVA as a place where things
can be discussed and questions asked in a cooperative atmosphere.
If COVA is prevented from doing these things she feels this Council
should discuss our role with COVA.
J
COMMUNICATION FROM
DESIGN REVIEW COMMITTEE
RE MAJOR CITY IMPROVEMENTS
The Design Review Committee submitted Design Review Guidelines
for major City improvements which they indicate should be used
as a guide for developers, designers, staff and committee to
encourage, assist and help ensure that the goals of the Design
Review process may be achieved.
Cw Tirsell stated that she is concerned with Item 3., Promotion
of sound land use development, in that this is really the purview
of the Planning Commission. She added that the Planning Commission
is the body designated to do this and they have public hearings
for allowing public input - a committee mayor may not have the
pUblic input. She stated that it should be clear that it is the
intention that the Planning Commission should make the land use
decisions.
em Miller noted that the Design Review Committee is essentially
an advisory body and it is true that the P.C. makes the land
use decisions with the Council making the ultimate decisions
but it would seem that if this is referred to Design Review
it would be input for the P.C. Nothing in the report indicates
that the Design Review Committee has land use planning auth-
ority but rather they are asking for an opportunity to review -
not to make decisions.
Cw Tirsell indicated that she would nonetheless prefer that
Item 3 not be included because it is a function of the P.C.
and the Council would always give the Design Review Committee
anything they wish to review upon their aSking. Promotion of
sound land use development is just not what she considers a duty
of the Design Review.
Cm Miller explained that they are asking that all major projects
be referred to them for review, in this context, but does not
mean every item that goes to the Planning Commission. He suggested
that perhaps the wording could be changed to state, promotion
of sound land use development through advice of the Planning Commis-
sion.
Cw Tirsell stated that what she really wants is for the P.C.
to make the land use development decisions and would like
the Design Review Committee to review designs.
Cm Turner stated that he would agree with Cw Tirsell but would
also like to mention that it isn't clear how long they intend
to review major projects and would suggest that the staff talk
with their chairman to find out what they want, exactly.
)
J
CM-30-l04
u
( !
~/
May 27, 1975
(re Design Review)
Mr. Street explained that the four items listed are not things the
Design Review Committee created but rather are just quotes from
the ordinance which created the Design Review Committee and were
simply used to illustrate what the Committee has been charged with.
They felt that major City projects were important enough that they
should be able to review them and make recommendations, if they had
any, to the P.C. or the Council, from a design standpoint rather than
a land use planning aspect.
Mr. Street added that to judge a building, alone, is difficult be-
cause so many things enter into the design review process and it
is necessary to review the site as it relates to the building and
the landscaping.
Mayor Futch suggested that Item 3 be changed to read: Promotion
of sound design in land use development and the Council agreed
that this wording would be preferable to the present wording.
Mr. Street cited examples of projects they would like to have
reviewed.
Mr. Logan stated that he would note, for the Council's information,
that if the Design Review Committee is interested in going beyond
looking into buildings or structures within the City they will have
to change their ordinance to give them this additional power because
they are limited to buildings and structures and not any other par-
ticular land use: however, land use is mentioned under Sec. 22.81,
but it is only incidental to buildings and structures and not to
general application to land use within the City.
Mayor Futch stated that this issue is becoming a little complex
and suggested that the City Manager draft a letter to the Design
Review Committee indicating their charge, according to the ordi-
nance. The Council should be careful about what is land use
planning, what is design, and what should go to the Beautification
Committee.
The Council concurred.
COMMUNICATION RE STUDY
FOR ALAMEDA COUNTY -
9ll PROGRESS REPORT
The communication from Alameda County regarding the study concerning
the implementation and evaluation of an advanced 9ll system was sub-
mitted to the City Council in the way of a progress report and was
noted for filing.
COMMUNICATION RE
RECOMMENDATIONS
FOR CONSTRUCTION OF
HIGHWAYS IN COUNTY
The Council received notice of a meeting of the Alameda County
Transportation Advisory Committee, at ll:OO a.m., Friday, May 30,
in the council chambers of the Hayward City Hall, 22300 Foothill
Boulevard, Hayward.
The meeting will include the request of the Board of Supervisors that
BART and AC Transit be included as members of the Alameda County Trans-
portation Advisory Committee and recommendations of the Engineers
Subcommittee for construction of State highway improvements in
Alameda County. Attached was a list of the priorities for improve-
ment and development of the State Highway system in Alameda County.
CM-30-l05
May 27, 1975
COMMUNICATION FROM P.C.
RE MEETING SCHEDULES, ETC.
The Planning Commission has indicated that the next meeting with
the Planning Consultants concerning the General Plan review has
been scheduled for May l4, 1975, and that they have been invited
to attend. However, they did not receive notice of this meeting
until the May 6th Planning Commission meeting and they would appre-
ciate consultation with them prior to scheduling of meetings with
the consultant.
J
Mayor Futch stated that he realizes that a last minute notice
is an inconvenience to many of the people who have other items
to schedule and would suggest that the staff try to inform them
in ample time when there is scheduling of meetings with the
consultant.
REPORT RE SOCIAL
CONCERNS COMMITTEE
Mr. Parness reported that 23 organizations have been contacted,
asking for the name of a member and an alternate member for the
proposed Social Concerns Committee. Thirty days were allowed
for responses and during this time only l3 organizations responded.
However, the Council has concluded that only 7 names will be
selected for the Committee.
Cw Tirsell stated that one of the members who worked on the
original draft of a human relations ordinance pointed out some
of the problems of a Social Concerns Committee, and she stated
that we have problems we should solve before getting into form-
ing the Committee. She stated that the problem is that people
will be serving from other organizations and it should be made
clear that the seat is not that of their organization. Another
point that the City should make is that they must reappoint on
the anniversary date, each year, this person, because what hap-
pened in Health Care Concerns was that one of the organizations
did not reappoint their member and she continued to sit on the
committee and when a controversial matter arose she voted and
the organization realized they had not appointed her and she
had cast a vote contrary to how the organization would have
instructed or asked her to vote. She stated that they really
resented that vote and this type of thing can really become
a hassle.
Mayor Futch stated that if they do not represent an organization,
this would solve such a problem, and the Council agreed with this
idea.
Cw Tirsell commented that when the term is set she feels that
some one year terms and some two year terms should be designa-
ted in the beginning and the members draw the length of term
by lot. She added that she has had one request that there be
one section for a member at large and perhaps the Council would
like to discuss this.
Cm Miller stated that as he recalls in drawing up the resolution
or ordinance which created this committee the Council reserved
the right to appoint people at large.
')
J
Mr. Parness mentioned that appointments will be for two and
four year terms for this particular committee.
It was noted that this will be discussed further in the execu-
tive session.
CM-30-l06
May 27, 1975
REPORT RE ORD. 848 -
ENERGY CONSERVATION
The Building Inspector, Mr. Street, reported to the Council concern-
ing ordinance No. 848, with respect to energy conservation and attic
fans being installed and the effectiveness of the ordinance.
(
V
It was noted that people are voluntarily coming to the City for per-
mits to install attic fans and thus far the enforcement of the ordi-
nance has been effective and accepted by most people.
The Council expressed the opinion of being very pleased with the
results of the ordinance.
REPORT RE WAVERLY
WAY TURNAROUND
Mrs. Betty J. Wanberg, has complained that they were required to
have a turnaround at the end of Waverly Way in order to build
a home on their property at the end of Waverly Way. The turn-
around was to be for emergency vehicles but instead is being used
as a view of Livermore by motorists and as a parking place for teen-
agers who dump beer cans on weekends. She stated that the street
cost them approximately $3,000 and they feel if the City requires
it, the City should pay for it. She listed four other dead- end
streets in this vicinity which are not required to have the turn-
around.
Mr. Parness explained that it is his understanding that prior to
building the home it was fully explained to the Wanbergs that the
turnaround street would be required and was made a condition of
the building permit upon its issuance. Mrs. Wanberg feels this
was an undue imposition and requests that the $3,3l0.50 be paid
by the City and requested that the matter be appealed to the Council.
Reports from the Public Works Director and the Fire Department were
submitted to the Council concerning the requirement for the turnaround.
Mr. Musso commented that the street was planned to be a through
street but Ensign Bickford requested that it not be put through:
however, the plan has not been approved.
Mrs. Wanberg, 2876 Waverly Way, stated that there was a turn
around located there but the City required that they provide a
40 ft. radius made of asphalt with an aggregate base and two
inches of asphalt. She showed a picture of what was there prior
to building their home and she indicated that it would have cost
them much less if they had been allowed to install what was pre-
viously there. She stated that in her opinion if they are re-
quired to have a turnaround other dead-end streets in Livermore
should also be required to have the turn around.
(
Mr. Lee explained that the other dead-end streets in that particular
vicinity are relatively short, less than 200 ft., and the City pOlicy
has been that a turnaround is not required. He indicated that the
City has been very consistent about requiring a turnaround on an
extended dead-end street and noted that in the case of El Rancho
Drive, where there is a dead-end, the street is very old and he
is not sure why one was not required because it is a long street.
Mr. Lee explained the history concerning the Waverly lot at the
end of the street and the reason the present turnaround was required.
CM-30-l07
May 27, 1975
(re waverly Way Turnaround)
Cm Miller noted that he lives in this area and it was very clear
to everyone in that tract that the lot at the end of Waverly Way
had been reserved for a turn around and was not to be sold. This
was shown very clearly on the tract map everyone received at the
time they purchased their homes. He added that he was very sur-
prised to hear that the lot had been sold and at the time he
wondered what would happen concerning the turnaround and he
contacted City Hall, at the request of some of his neighbors, and
was told that the turnaround would be required at the end of
Waverly and that this was a requirement and condition of the build-
ing permit.
\
;~
Mr. Lee stated that if this lot was sold to the Wanbergs without
their knowledge of the requirement for the turnaround he would
feel that the present owner has some recourse against the seller
because it was well known that the turnaround would be a require-
ment.
Mrs. Wanberg stated that they did know there would be a requirement
for the turnaround but they did intend to replace it with what
was previously there and not a whole cul-de-sac. She stated that
this is not used for emergency vehicles but rather has traffic
all day long and late at night.
Cw Tirsell commented that streets are not closed off to emergency
vehicles and this is an encumbrance upon the extension so that
the fire protection is greater than if the equipment could not
turn. If the fire equipment does not have adequate access the
people on Waverly Way could not get fire insurance. She added
that she sees no reason to waive the requirementsince it is a
policy of the City and since it was an encumbrance upon the lot
at the time the Wanbergs purchased it.
REPORT RE TAILWINDS
RESTAURANT SIGN
Mr. Parness reported that the owner of the Tailwinds Restaurant
has changed the name from the Crosswinds and would like to
change the sign located along I-580. He has changed the name
as well as the design and there were meetings with the Design
Review Committee concerning the sign. There was a concurrence
on the part of the Design Committee as to the design the owner
wishes to install. The owner has been informed that this takes
a review process and that he would have to obtain a permit from
the Planning Department. The owners choice is an opaque sign
with the letters internally illuminated.
Cm Miller has brought this matter to the attention of the City
Manager and requested that it be placed on the agenda. In
researching the ordinance concerning signs it specifically states
that internally illuminated signs in an Industrial Zone will not
be permitted, and this is an Industrial Zone.
Cm Miller stated that first of all, Mr. Parness has just pointed
out that an internally illuminated sign is in conflict with our
Sign Ordinance and, consequently, cannot be approved. Secondly,
the sign should have come to the Council anyway.
There were two decisions on external lighting and the decision
changed after Mr. Gentile made a third request and in Cm Miller's
opinion, the third request was unreasonable because decisions
have already been made. If there are going to be any changes
made, they should be made at formal meetings.
J
CM-30-l08
May 27, 1975
(Report re Tailwinds
Restaurant Sign)
The Council had no way of knowing about any phone survey and he feels
this to be an unreasonable manipulation of committees when there is
a formal agenda and there are formal meeting times and decisions
have already been made.
u
The Council feels very strongly about seeing all the material in
advance so that there can be reasonable discussion and they have
tried to eliminate the polling business as much as possible.
There are approximately 30,000 cars a day on I-580 and even though
that number does not pass Livermore there is a significant amount
of traffic that does pass Livermore. This particular sign, which
is located on City property, is seen by more people than any other
signs that would be on the City's interior, and consequently, this
sign should be a good one. In particular, a poor sign gives a bad
image to the City and the Council has always been very particular
about the signs on City property along the freeway. We have always
insisted on external lighting and we have insisted on signs on wood,
as for the previous sign for this use, and there was a lot of dis-
cussion concerning lighting. Every Council has reaffirmed the con-
cept of external lighting and besides being illegal by our ordinance,
the internal lighting is not consistent with the City sign.
Originally there was discussion as to whether a sign should be
allowed out by the freeway at all because it is an off-site sign.
Cm Miller stated that he would urge the Council to require the
external lighting as required by our ordinance.
Mr. Gentile, stated that he has gone through all the processes for
a new sign and did not realize he was supposed to come to the City
Council. He stated that if the Council requires the exterior light-
ing he will comply but he does have a letter from the Design Review
Committee which indicates that everything is in order and he went
ahead and had the sign made which cost $2,200.
Cw Tirsell commented that Mr. Gentile was not in Livermore at the
time the Council drafted the sign ordinance, so perhaps he can't
appreciate how difficult these decisions are. She stated that sh2w~c[!
realizes that from a business standpoint a larger sign is bet~9~i~eQ~
bpt,~her~ i~ a lot of property out by the freeway that is ~~ ,
(;,. wCi'eve:Cop<<'a'nd it is possible that there could be a large string rr:na.J.
of signs in that area. The Council has been adamant in the past ~or
about external lighting and she would have to support Cm Miller's
suggestion that the external lighting be approved.
Gloria Taylor, Chairman of the Design Review Committee, commented
that the sign before the Council is the sign that the Design Review
Committee approved with external lighting. She stated that the
Committee was not informed that internal lighting was against the
ordinance in that area and apologized for this misunderstanding.
CW TIRSELL MOVED TO ADOPT THE RECOMMENDATION OF THE DESIGN REVIEW
COMMITTEE TO APPROVE THE SIGN THEY SAW WITH EXTERNAL LIGHTING,
SECONDED BY CM MILLER AND PASSED BY UNANIMOUS VOTE.
Cm Miller stated that-the staff should make sure that any sign on
City property should come to the Council after Design Review and
Planning Department approval, and would also like to ask the staff
to suggest to the Design Review Committee that they not conduct
polling by telephone.
Mayor Futch commented that perhaps Mr. Musso could also inform the
Design Review Committee about the ordinance regarding signs.
CM-30-l09
May 27, 1975
REPORT RE SB 839
The State Compensation Insurance Fund has requested support of
SB 839, which amends the Labor Code, and the staff has recom-
mended that the Council adopt a motion authorizing support of
the bill.
.~
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE THE COUNCIL AUTHORIZED SUPPORT OF SB 839.
REPORT RE PROPOSED
LEGISLATION RE STREET
LIGHTING POWER COST EXEMP.
The City Manager reported that a critical issue facing our bud-
get for the new fiscal year is the escalation of street lighting
power costs and lack of financial support for it. Traditionally
the revenue for this purpose has come from traffic safety fines
but over the past three years the source has amounted to only
$85,000/year while the estimated cost for lighting is $200,000.
It would appear that since local government is committed to pro-
vide adequate street lighting and since these costs are rising
sharply, we should be permitted to be exempt from the limits of
SB 90. It is recommended that the Council support an inquiry
as to preparation of legislation and League of California Cities
soliciting their support.
Mr. Parness stated that just within a couple of days he has re-
ceived a copy of AB 1223 which does exactly what he is suggest-
ing be done. He added that he is disturbed that this measure
was in effect last year but not brought to the City's attention
and would like to find out why we wern't informed. It was a
one year measure which is being reintroduced again this year
for one year, and indications are that it will be accepted by
both houses and introduced into law by the governor very soon.
CM MILLER MOVED TO SUPPORT AB l223, SECONDED BY CW TIRSELL AND
PASSED UNANIMOUSLY.
REPORT RE BUSINESS
LICENSE FEE ADJUST.
Mr. Parness reported that the Council has asked to have some
figures calculated to possibly amending our Business License
Tax Ordinance. The staff has sought to gather information on
this possibility and as to alternatives that might be available,
in the event the Council does wish to change the ordinance.
If there are to be any amendments the staff would request that
this be done as soon as possible so that the changes might be
effective as of July l, 1975, the new fiscal year.
Mayor Futch felt this item came to the Council rather suddenly
and would be reluctant to vote on this issue tonight because
he feels the businessmen of the community should have the oppor-
tunity to present their views concerning changes.
Cm Miller stated that there is pressure to get changes adopted
so they can become effective July 1, 1975, and asked the staff
the last date this can be scheduled for first reading?
--./J
Mr. Parness commented that the City Attorney has advised that this
is a tax measure and can be adopted as an urgency ordinance. It
can be adopted after one reading anytime prior to July I, 1975.
CM-30-ll0
May 27, 1975
(Report re Business
License Fee Adjustments)
Cm Miller stated that if this is the case and it doesn't have to
be introduced tonight, there is no reason the Council can't discuss
it later, and it would be perfectly reasonable to postpone it so
that the Council could hear from the merchants.
l)
Cm Miller stated that at present there is a distinct inequity which
makes the smaller business pay a larger percentage of their gross
receipts for business license fees and in his opinion this is unfair.
There are not many cities that have a uniform rate because the pressure
of the larger businesses tends to keep it down. It seems that changes
in the upper rates to make them more equivalent, so there is not the
inequity between the large and small gross receipt businesses, requires
an increase somewhere along the line. The suggestions are only a
small step towards the ultimate inequity but he feels they should
be done and as a result the City can pick up another $10,000-$11,000
with a small increase. The City needs the money and the changes
would make it more equitable for the small businessman.
Cm Turner commented that large business does not always mean large
profits. Many times the person who has a $lOO,OOO business makes
more profit than the person with the $4 million business. He
added that perhaps the whole business license tax program is inequit-
able anyway. He feels it is very hard to assess an equitable tax
regardless of what method is used.
em Miller stated that the point made by Cm Turner is well taken and
the City is not allowed to impose taxes on profit: however there
are categories, in the ordinance, which tend to separate the higher
profit businesses from the lower profit businesses, on the average.
Cw Tirsell pointed out that inflation and recession is reflected
in gross receipts and this is one reason for using gross receipts
because it is a self-adjusting scale.
Mel Luna, 723 Via del Sol, asked if there is an ordinance for a
service type of business license as opposed to a person selling
merchandise?
Mr. Parness indicated that people who perform services pay under
the same business license ordinance.
Mr. Luna commented that the margin for a person performing services
varies more than a person selling merchandise, and wondered' why a
merchant should be penalized more than the person performing
services.
Mr. Parness indicated that we have three categories so as to be
as equitable as possible: however, the City cannot be as precise
as Mr. Luna is suggesting because this would call for a different
rate for every conceivable type of business enterprise.
Marshall Kamena, 2476 Merritt Place, stated that if the Council is
willing to postpone this item and would like the Chamber of Commerce
to prepare a report for the Council, they would be happy to do so.
CW TIRSELL MOVED TO CONTINUE FOR TWO WEEKS, SECONDED BY CM TURNER
AND PASSED BY UNANIMOUS VOTE.
c
REPORT RE LAND ACQ.
RELATED TO TRACK RELOCAT.
A report was submitted by the Planning Commission regarding the pro-
posed land acquisition related to the track relocation project and
future grade separation at First Street.
CM-30-lll
May 27, 1975
(Report re Land Acquisition
re Track Relocation)
Cw Tirsell stated that she and Cm Turner happened to get in on
the discussion concerning the bike paths for the underpass, so
they have been informed about the underpass: h.Qw~y~r t-. they did .1
not get the overall discussion concerning the ~f'LL"c.A.:'Df1&10.,(.,L
She stated that she feels this is what has happened with the~~~~~
Planning Commiss~on in that new members have been selected and U
those with exper~ have gone on and perhaps they would like
to have a presentation at a future meeting.
,
'J
Mr. Musso stated that they would appreciate this as well as
information concerning other ongoing projects, such as planning
at the airport.
No action was required of the Council on this item.
REPORT RE NOISE
MEASURING INSTRUMENT
Mr. Musso reported that at a recent Noise Committee meeting it was
determined that the present system of borrowing noise measuring
instruments is not acceptable and it was requested that a noise
measuring instrument be authorized in the 1975-76 budget. The
Committee is requesting that the instrument be purchased immediately
and on behalf of the Committee Mr. Musso is requesting the emergency
purchase of a noise measuring instrument for approximately $500.
No funds have been budgeted for this purpose.
Mr. Parness indicated that he feels the instrument would be a
very reasonable acquisition and will be valuable for the Build-
ing Department, the Police Department and the Noise Committee.
There is an entry in the 1975-76 budget that was going to be presented
to the Council for a more expensive unit but apparently the Noise
Committee feels the $500 unit would suffice and he would urge that
the Council approve the expenditure.
Mr. Musso explained that the $500 instrument would measure down to
about 40 decibels which takes care of most of our problems be-
cause our problems are up above 60-65 decibels. The more sen-
sitive instrument might be required when we get into more sen-
sitive problems such as a legal issue or a complaint filed.
ON MOTION OF CW TIRSELL, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE, THE COUNCIL AUTHORIZED THE PURCHASE OF THE $500 INSTRUMENT.
RESOLUTION 109-75
A RESOLUTION AUTHORIZING PURCHASE OF A NOISE MEASURING
INSTRUMENT
REPORT RE PG&E EASEMENT
FOR VISTA MEADOWS PARK
Mr. Parness reported that in order to provide for electrical
power for a pumping station at California Water's Las Positas
reservoir, a lO ft. utility easement is required. This would
overlay a 20 ft. wide utility easement now owned by California
Water Service Company.
The City did assess a fee when the easement was originally
allowed to Cal Water for their line and this is an overlying
easement for the power line to serve the reservoir system so
the staff would recommend that we exact from PG&E, a fee for
the easement which would be in the amount of 25% of the value
of the land, or $147.
J
CM-30-1l2
u
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May 27, 1975
(Rpt re PG&E Easement
For Vista Meadows Park)
CM TIRSELL MOVED TO ADOPT THE RESOLUTION AUTHORIZING EXECUTION
OF THE EASEMENT, SECONDED BY CM MILLER AND PASSED UNANIMOUSLY.
RESOLUTION NO. 110-75
A RESOLUTION AUTHORIZING EXECU-
TION OF EASEMENT (To PG&E)
Cm Miller mentioned that we are leasing this property to LARPD
for park purposes and it seems that it would be courteous to
check with LARPD before the matter comes to the Council. He
stated that he knows of no reason why they should object but they
should at least be informed.
CITY MANAGER
WEEKLY REPORT
Public Works
with respect to public works for the downtown area projects, it
is being found that utility line relocations do continue to be
a problem. Some of the power lines, when exposed, do have to
be relocated, and some of the gas lines have had to be deepened
and this is causing delays.
Curbside Boxes
The City has installed three curbside mail boxes because there is
nobody else to install them in this City. The City has contacted
some of the local sheet metal firms who may want to fabricate them,
but one local business wanted a commitment of 100 before they would
go into the fabrication business.
The cost has been $35/each to fabricate and install the mail
boxes and this is what is being charged.
Strike Plan
A strike plan has been prepared by the staff for our Water Recla-
mation Plant, which is a requirement of the EPA, and has been
distributed to the Council.
Air Show
Our air show was held a couple of weeks ago and was a big success.
There were an estimated l4,000 people in attendance and there were
about 275 fly-ins.
One problem was that people could not get to the golf course because
the Jaycees had most of the routes blocked and there were complaints
from people who did wish to go to the golf course.
Highway 84 Bypass
The City is working on the Highway 84 bypass and appraisals are
being conducted. Hopefully appraisals will be received in about
two weeks, after which time the City will be in a position to go
to the County Board of Supervisors.
CM-30-ll3
May 27, 1975
CAL-TRANS Meeting
The staff has met with the Cal-Trans people and the Southern
Pacific Railroad concerning the First Street overpass program.
Although we are a long way down the priority list for receiv-
ing allocations from the state for that construction, we feel
that we will be successful in eventually obtaining a state grant.
The S.P. staff is very receptive to the idea of dedicating the
vacated right-of-way, once their tracks are moved. It yet remains
to be seen whether or not they will demand any compensation for
this property but they have indicated that if there is any they
would probably request that it be in the form of credit against
their mandatory 10% contribution for the project.
Cal-Trans is quite enthusiastic about the program and feels that
the Highway Commission would readily grant a relocated route of
Hwy 84 and they believe that their office will be contributing
to the program in the way of providing full engineering and this
would be a big assistance to us.
~
Grade Separation
The grade separation necessitated the closing off of First Street
for about a day and a half last week which created a significant
amount of traffic congestion and was due to the new track instal-
lation over all of the following streets: "L" Street, Junction,
"K", "I" and First Street.
The remaining street to have new tracks is Murrieta which is a
heavily traveled street. The staff has been meeting with the
contractor to determine the hours of the day which would result
in the least inconvenience and hopefully something can be done
during the evening. Something will have to be done soon and this
street will also have to be closed for about one day.
Fire Station Cannon
Mr. Parness reported that the cannon located at the Fire Station
has been stolen. This cannon was reconditioned for the City and
it was chained to the building and the City hopes it can be re-
claimed.
Fire Station Bids
Bids will be received on Station 1 on May 29th, and reportedly
there are 16 potential bidders. We are looking forward to receiv-
ing some very good prices.
Fire Station Sites
The City Manager has met with two of the three owners for three
sites being considered for Fire Station #4, and hopefully he
will be able to report back to the Council with all three re-
sponses next week.
Youth Counseling Services
The funding for our youth counseling services, HORIZONS, is in
its third year and this will be the last year that monies will
be received. If the City wishes to continue this service it will
have to be funded locally.
J
CM-30-ll4
May 27, 1975
(City Manager's Report)
STEP Program
We have received word from the governor that the STEP Program will also
be funded for another year. The program is in its second year and has
proven to be a very beneficial police service.
/
One of the items we were able to purchase through the STEP Program was
a video tape machine and we are using it for departmental training ses-
sions. Rather than have everyone attend training programs the programs
are being video taped and these are reproduced for various groups, as
needed.
u
Water Reclamation Plant
The City retained an inspector for the water reclamation plant and
he has just resigned. Their program is going quite well and most
of the intricate work is now completed and the entire project
is 65-70% done. In consideration of this and in view of the problems
involved in getting an experienced inspector for a relatively short
period of time the staff has decided to assign one of our building
inspectors for that job. This will mean a significant load on the
other men in the Building Inspection Department but the Chief Building
Inspector and the Director of Public Works feel it can be maintained
adequately.
Cranston Representative
A representative from Senator Cranston's office visited the City and
spoke with Don Bradley. Reportedly the Revenue Sharing Program
will be extended, in Senator Cranston's opinion, but i~ is felt that
there will probably be significant modifications. It is also
believed that the CETA Program will be extended.
Taxi Service Program
Cm Turner has given the staff information concerning a program that
may be available to our City - a subsidy for taxi service to senior
citizens. This is a program that is little known and is under the
Older Americans Act of the federal government under Title III of that
program and monies are being distributed through Alameda County and
the Commission on Aging. There is something in the order of $75,000
available, as far as we know, and relatively few cities appear to be
interested in taking part in it. An application must be filed by us
by June 1, 1975, so we are taking the liberty of filing one. There
is no commitment involved on the part of the City.
Police Dept. Scholarship
When Chief Michelis retired there was a residual amount of money
left over and given to the Police Association to be used for awards
to young students who were going on to college and interested in law
enforcement work.
l
Just today Mr. Parness was told that the Police Association has
announced its third annual award in the amount of a $300 scholarship.
Mr. Parness stated that he is very gratified to hear that this pro-
gram is being maintained by the Police Association.
CM-30-ll5
;'~i.l
May 27, 1975
(City Manager's Report)
Parking - Trucks
The Police Department has informed the City Manager that 45 trucks
have been posted concerning parking in and about the City and notices
have been sent out concerning this matter.
Property Ownership List
Mr. Parness distributed a property ownership list of all the downtown
property ownerships which is a tabulation of every piece of property
and mentions name and location, parking allotment, the sq. footage
of the building and the assessed valuation assigned to the property
as well as land and improvements. Mr. Parness stated that as far
as he knows this is a very accurate updating of all property in
the Central Business District and will be very valuable as a plan-
ning tool as well as consideration of assessed valuations.
'J
A map was displayed disclosing project numbers and showing the
property ownerships as well as which properties are being acquired
by the City and the status of the acquisition.
DISCUSSION RE DESIGN
REVIEW COMr1ITTEE RE
MAJOR PROJECTS REVIEW
Cm Miller stated that during the meeting he has been reflecting
upon the discussion which took place concerning the Design Review
Committee's request to be allowed to review all major projects in
the City and in his opinion if he was a member of the Committee
he might feel, after listening to the discussion, that he had been
slapped in the face.
The Design Review Committee is offering their services to try to
make Livermore a better looking City and the Council, in essence,
has said for them to keep their noses out of it.
The majority of the Council felt this was a misinterpretation of
the discussion: however, the matter has been referred to the staff
and it will again be discussed.
ADJOURNMENT
Mayor Futch adjourned the meeting at lO:lO p.m. to an executive
session to discuss legal matters and appointments.
APPROVE
~d f %$/
Mayor
~rk
- - . -Liverm~re, --C~lifornia
ATTEST
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CM-30-ll6
Regular Meeting of June 2, 1975
A regular meeting of the Council of the City of Livermore was held
on June 2, 1975, in the Municipal Court Chambers, 39 South Livermore
Avenue. The meeting was called to order at 8:l0 p.m., with Mayor
Futch presiding.
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ROLL CALL
PRESENT: Cm Turner, Miller, Cw Tirsell and Mayor Futch
ABSENT:
None (Vacant Seat - Cm. Staley seated during this meeting)
PLEDGE OF ALLEGIANCE
Mayor Futch led the Councilmernbers as well as those present in the
audience, in the Pledge of Allegiance.
MINUTES
May 19, 1975
Page 84, second paragraph, line 5 should have the a) deleted and
line 6 should read compromise proposal rather than compromised proposal.
Page 86, second paragraph should indicate that Cm Miller asked that
the Council consider the above suggestion rather than the following
suggestion.
Page 95, third paragraph, third line should state 2.5 MGD rather
than 1 MGD.
Page 96, third paragraph, second line, after EPA, strike the re-
mainder of that line.
Page 87, 3rd paragraph from bottom, line 5 should read: are going
to be part of Pleasanton.
Page 87, 2nd paragraph from top, rephrased as follows: Mayor Futch
stated that although low income housing would be of significant
benefit to the few people who would receive the housing aid, a greater
number of people would benefit by the establishment of a center.
ON MOTION OF CM MILLER, SECONDED BY CW TIRSELL AND BY UNANIMOUS
VOTE THE MINUTES FOR THE MEETING OF MAY 19, 1975, WERE APPROVED,
AS CORRECTED.
PROCLAMATION - LIVERMORE
RODEO WEEK
Mayor Futch read a proclamation proclaiming the week of June 1
through June 8, as Livermore Rodeo Week.
SPECIAL ITEM - OATH
OF OFFICE - JOHN STALEY
c
At this time John Staley was sworn into office by the City Clerk
and was seated with the other members of the Council.
CONSENT CALENDAR
Payroll & Claims
There were 56 claims in the amount of $89,606.90, dated May 27,
1975, approved by the City Manager.
CM-30-ll7
June 2, 1975
Res. Auth. Award of
Bid - No. Livermore
Median Landscaping
The following. bids were received for the North Livermore Avenue
median landscaping and irrigation and it is recommended that a
resolution awarding the bid to the low bidder be adopted:
Collishaw Corporation
Davey Tree Survery Co.
M. H. Hansen Construction Co.
Robert Quatman, Inc.
Landco Corporation
B & M Landscape
R.E.G., Inc.
Christner Co.
Bibens Nursery
$20,407.88
22,56l.82
25,999.02
26,269.59
28,350.34
28,528.l4
3l.03l.82
31,839.86
35,806.40
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RESOLUTION NO. lll-75
A RESOLUTION AWARDING BID
(North Livermore Avenue Median Irrigation
and Landscaping - Collishaw Corporation)
Res. Auth. Settlement
of Lawsuit - Calif. Rock
It is recommended that a resolution be adopted authorizing the
settlement of a lawsuit with California Rock and Gravel, et al,
regarding property acquisition for Stanley Boulevard widening.
RESOLUTION NO. ll2-75
A RESOLUTION AUTHORIZING SETTLEMENT OF LAWSUIT
(City v. California Rock and Gravel, et al)
Res. Auth.
Park Purchase - Willis
A resolution authorizing park purchase is a formalization of
approval given earlier by the CounciL for the purchase of a small
parcel of property (1.5 acres) adjacent to Pioneer Park.
RESOLUTION NO. l13-75
A RESOLUTION AUTHORIZING PURCHASE OF PROPERTY
(Pioneer Park Addition: Guy C. Willis and Dorothy Willis)
Res. Rejecting
Amended Claim
It is recommended that the Council adopt a resolution rejecting
the amended claim of Caltaco, Inc. for property acquisition damage
under litigation in our grade separation project.
RESOLUTION NO. 114-75
A RESOLUTION REJECTING THE AMENDED CLAIM OF
CALTACO, INC.
)
--/
CM-30-ll8
June 2, 1975
Appointments to Social
Concerns Committee
A resolution was adopted appointing the following members to the
Social Concerns Committee:
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Members: Rin Hartwig, Marion Mendelsohn, Dick Flores, Lillian Snorf,
Myra Latkin, Judith Turner and Tom Haratani
Alternates: Quenten Ramil, Barbara Carothers, Lucille Bruskin,
Diane Hall, Mel Lagasco, Jack King, and Alfredo Despy
RESOLUTION NO. ll5-75
A RESOLUTION APPOINTING MEMBERS TO SOCIAL
CONCERNS CO~1ITTEE
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE,
THE CONSENT CALENDAR WAS APPROVED.
MATTERS INITIATED
BY THE STAFF
(Request for Exec. Sess.)
The City Attorney asked that the Council adjourn the meeting to an
executive session to discuss legal matters.
(Check Signing Plate)
The City Clerk commented that the check signing plate transfering
the name from Mayor Pritchard to Mayor Futch has been received but
did not come until after the agenda had been prepared. The staff
would like the Council to adopt the two resolutions authorizing
the transfer.
ON MOTION OF CM TURNER, SECONDED BY CW TIRSELL AND BY UNANIMOUS
VOTE THE APPROPORIATE RESOLUTIONS WERE ADOPTED.
RESOLUTION NO. 116-75
RESOLUTION ADOPTING A MECHANICAL METHOD FOR
SIGNING CHECKS, SELECTING A DEPOSITARY AND
PROVIDING FOR THE NEAMES OF THE OFFICERS
AUTHORIZED TO SIGN CHECKS AND THE METHOD OF
SIGNING THEREOF. (BANK OF AMERICA)
RESOLUTION NO. ll7-75
l"
RESOLUTION ADOPTING A MECHANICAL METHOD FOR
SIGNING CHECKS, SELECTING A DEPOSITARY AND
PROVIDING FOR THE NAMES OF THE OFFICERS AUTH-
ORIZED TO SIGN CHECKS AND THE METHOD OF SIGN-
ING THEREOF.
(Aircraft Hangar Facilities Fund Loan Account)
CM-30-119
June 2, 1975
(Rodeo Parade)
Mr. Parness stated that he has distributed statements about where
the Livermore Rodeo Parade will be located and at what time. The
parade will begin at 9:30 a.m. on Saturday, June 7, and Second and
"J" Streets is the entry point.
(Departmental Tour)
.~
Mr. Parness commented that the Council has expressed interest in
visiting the various departments in the City of Livermore and he
would like to suggest that the tour take place prior to the budget
hearings. Mrs. Parness suggested that Friday, June 20th, be set
aside for the tour and commented that this may take all day.
The Councilmembers asked that the tour take place on Thursday,
June 19.
(Council Meeting
Schedule for Summer)
Mr. Parness asked if the Council would like to consider meeting
twice a month during the summer months, on a trial basis, with
special meetings called during the interim, as necessary.
Cw Tirsell commented that she feels perhaps some of the meetings
could be eliminated but does not want meetings scheduled for every
other week, on a set basis.
Mayor Futch stated that he would be willing to meet every other
week, on a trial basis, but it would appear that his is a minority
opinion.
(Scheduling of
All Day Budget Session)
Mr. Parness asked the Council to select a day for the all day
budget session.
It was concluded that due to various conflicts this date would
have to be selected at a later time.
(Revenue Sharing
Grants)
Mr. Parness commented that there are local entities applying for
revenue sharing grants and response must be received by the County
by next Tuesday.
Good Samaritan Home, Buenas Vidas Ranch and the Citizens Committee
for Twin Valley Counseling Service, have applied for revenue shar-
ing allocations. All of these agencies are reputable and highly
recognized institutions.
Good Samaritan has applied for $32,406; Buenas Vidas $90,000, and
the Twin Valley Learning Center $48,274.
The County has asked for a response concerning the applications.
~
Cw Tirsell commented that she would prefer to have something written
in front of her before commenting. She is familiar with all three
organizations and could certainly support their applications.
CM-30-l20
June 2, 1975
(Revenue Sharing Grants)
CM TIRSELL MOVED TO SUPPORT THE APPLICATIONS FOR REVENUE SHARING
FUNDS FOR ALL THREE ORGANIZATIONS, SECONDED BY CM MILLER AND
PASSED UNANIMOUSLY.
G
MATTERS INITIATED
BY THE COUNCIL
(Summer Vacations)
Cm Turner suggested that the City Clerk contact each Councilmember
to determine vacation schedules for the summer.
(Sign Ordinance
Enforcement)
Cm Miller stated that it has been eight years since the Sign
Ordinance was adopted and that every non-conforming sign should now
be taken down and would hope that people who own the signs which
are illegal are being contacted.
Mr. Musso commented that there were two freestanding signs rema1n1ng
and there are still some oversized signs remaining. One of the free-
Cm Miller stated that Mr. Mehran has several tract signs that are
illegal and have been up for almost a year. The staff has notified
him that they are illegal and he has been asked to remove them but
they have not been removed. ultimately the staff took the matter
to the D.A. and the D.A gave Mr. Mehran another two months in which
to apply for a variance.
Zoning Ordinance violations are crimes just like any other type
of crimes, in Cm Miller's opinion, and it would seem that no
matter how many times we speak to the D.A. they fail to prosecute
any kind of the deliberate violations of our Sign Ordinance and
it would be advisable to send a strongly worded letter to the D.A.
suggesting that it is time he take care of his public responsibilities.
Mr. Logan stated that if he would have the Council's permission he
would prefer to speak with the District Attorney on a less formal
basis to see if he can get a response and explain the problem we
have out here. If, after speaking with him, he appears to be
unwilling to react, perhaps we can formally complain or object.
Cm Miller stated that he does not care what method is used to
obtain response.
The City Attorney was directed to contact the D.A. concerning this
problem and Mr. Musso also suggested that perhaps they can discuss
the entire issue of better enforcing our ordinances in this area.
(Local Transportation)
(-
Cm Miller indicated that the City of Livermore has been in the process
of working on local transportation, since 1968, and it appears
that we are slowly working towards accomplishment. The last time
we came close to getting local transportation was in 1972 when
the subject was discussed among the three valley jurisdictions
and the Pleasanton representatives refused to go along with a valley-
wide bus system.
He added that during recent discussion concerning a bus system the
Herald editorial mentioned that perhaps we shouldn't have a bus
system and yet this is the one good way to eliminate smog.
CM-30-l2l
June 2, 1975
(Council Tour)
Cw Tirsell commented that if the FAA Tower is not to be included
in the tour the Council will be taking she would suggest that the
members of the Council try to visit the tower whenever they can.
(Centennial Flag)
Mayor Futch stated that the City has been given a small centen-
nial flag to fly on special holidays and wondered if it would be
appropriate for it to fly beginning on Independence Day, beneath
the American flag.
\
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It was concluded that this would be appropriate.
(First Meeting -
Social Concerns Comm.)
Mayor Futch invited the Council to attend the first meeting of
the Social Concerns Committee which will take place on June l2th
at 7:30 p.m. The staff is looking for a place in which the meeting
may be held.
COMMUNICATION RE
LAVWMA 1975-76 BUDGET
The Project Director of LAVWMA presented the 1975-76 budget to
the Council for review and Cm Staley wondered why Pleasanton
pays less than VCSD towards projects and it was explained that
part of Pleasanton's sewage goes through VCSD's plant which makes
up for the difference.
REQUEST FOR FUNDS FOR
ANNUAL DELEGATION TO
QUEZALTENANGO
The Chairman of the Sister City Committee has requested that the
City pay the airfare for the Sister City representative and a
Council delegate to help defray the cost of the annual visit to
Quezaltenango.
It was also noted that the term of office for Dr. DeBruin, Chairman
of the Committee has expired.
CW TIRSELL MOVED TO APPROVE FUNDS IN THE AMOUNT ALLOCATED FOR AIR-
FARE LAST YEAR AND THAT A LETTER BE SENT TO DR. DEBRUIN THANKING
HIM FOR HIS SERVICE ON THIS COW1ITTEE. MOTION WAS SECONDED BY CM
STALEY.
Cm Turner stated that he feels it would be appropriate for the
Council to pay the airfare for the delegates' spouses as well as
for the two delegates.
Cw Tirsell stated that she would like to support this suggestion
but everyone should realize that there are many committees on
which people work very hard and receive no money from the City.
CM TURNER MOVED TO AMEND THE MOTION THAT THE MAYOR AND THE MAYOR'S
SPOUSE RECEIVE AIRFARE FROM THE COUNCIL.
J
Cm Staley asked how much money is involved and it was explained
that the airfare is approximately $350-$370 per person and the
City generally sends a $100 gift making a total of about $800.
CM-30-l22
June 2, 1975
(Request for Funds for
Annual Delegation to
Quezaltenango)
CM STALEY STATED THAT HE WOULD SECOND THE MOTION BECAUSE HE ALSO
FEELS IT IS IMPORTANT FOR THE CITY TO SUPPORT A HUSBAND AND WIFE
VISITING QUEZALTENANGO, AND THE GESTURE IS CERTAINLY WORTH $350.
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Mayor Futch explained that the Council delegate almost always takes
his/her spouse and for the 10 day visit there are no expenses to the
delegates. All accommodations are taken care of and there is no
expense whatsoever. For this reason it does not seem unreasonable
that the spouse continue to pay the airfare.
Cm Turner stated that he does feel it is unreasonable to request
that the spouse pay airfare because the Council has accepted the
responsibility of sending a delegate every year to take part in
the festivities and it is in good keeping to have both husband and
wife attend and it is unjustified that the spouse be asked to pay
$ 350 for a City Council approvec;1 funct1.... .on~ . I ,;4 ('y /1 L.
fl~~~ ~-ir -" ~lJ1eee~/!/.
em Miller stated that he will\oppose the amendmentlbecause in his
opinion the City should not be)paying to send anyone to Quezaltenango.
He feels that the Sister City~should be responsible for raising the
money to send delegates through various fund raising events. He
stated that he feels this is not the correct way to spend tax dollars
and will vote against the main motion as well.
AMENDMENT FAILED 2-3 (Cm Miller, Cw Tirsell and Mayor Futch dissenting) .
MAIN MOTION PASSED 4-l (Cm Miller dissenting) .
CO~~UNICATION FROM VCSD
TO BOARD OF SUPERVISORS
RE COUNTY FACILITIES
The City received a copy of a communication sent to the Board of
Supervisors from VCSD asking that the Board of Supervisors reconsider
locating County facilities at the Santa Rita site. The letter indi-
cated that the County already owns this land, it is centrally located
for the valley and it would cut costs to have court facilities near
the prison.
Cw Tirsell stated that she would like the Council to join with VCSD
in asking reconsideration of the Santa Rita site for County facilities
because the site selected by the Supervisors is virtually inaccessable
to the citizens of Livermore who need to use it. The other sites
considered by the Supervisors were difficult enough, but the site
selected was not even a site recommended by the consultants and they
also have to purchase the land.
Cm Miller also pointed out that it would be much more expensive to
developp the site they have selected because it is on a hill that
will have to be graded considerably. Also the access is bad because
elderly people will have to walk up a hill to get to the facilities.
Cm Staley pointed out that the site selected by the Supervisors is
also within about l2 miles of the Hayward Superior Court and it
would make more sense to separate the court facilities by more miles
and he also would favor the Santa Rita site.
CW TIRSELL MOVED THAT THE STAFF BE DIRECTED TO SEND A LETTER TO THE
BOARD OF SUPERVISORS EXPRESSING THE CONCEro~S OF THE COUNCIL AND THEIR
COMMENTS, SECONDED BY CM STALEY, AND PASSED BY UNANIMOUS VOTE.
Cm Turner commented that Judge Lewis might also be interested in
receiving a copy of the letter to be sent to the Supervisors.
CM-30-l23
June 2, 1975
(re County Facilities)
Cm Staley felt the Livermore-Amador Valley Bar Association would also
be interested in having a copy of the letter.
COMMUNICATION RE
ABAG RES. RE NEW TOWN
A copy of a resolution adopted by the Alameda County Board of Super-
visors concerning consideration of the Las positas area was dis- )
tributed to the Council. The resolution indicates favor of rescind- ~
ing the resolution adopted by the ABAG Executive Committee and
asking delay of further consideration until a master plan and other
procedures are approved.
CM MILLER MOVED TO DIRECT THE STAFF TO PREPARE AN APPROPRIATE
RESOLUTION TO BE PRESENTED AT THE NEXT ABAG EXECUTIVE MEETING,
INDICATING THE CITY'S CONTINUED SUPPORT OF THE ACTION TAKEN,
SECONDED BY CM STALEY AND PASSED UNANIMOUSLY.
REPORT RE ARROYO
PARKWAY ADDITION
The Director of Public Works reported that the developer of the
Livermore Garden Apartments on East Avenue would like to have
the Arroyo Seco Parkway incorporated into the Zone 7 drainage
channel system in order that he may be reimbursed by Zone 7 for
that work. It is recommended that the Council adopt a resolution
requesting Zone 7 to add that section of the Arroyo Seco into the
Arroyo Parkway system.
Cm Miller asked if this work was done with concrete and Mr. Lee
explained that it was not.
Cw Tirsell commented that she would also be interested in review-
ing the design of the channel prior to formal adoption because
because the trees are a big consideration.
CM MILLER MOVED TO HAVE THE FINAL DESIGN REVIEWED BY THE COUNCIL
AS AN AGENDA ITEM IN THE FUTURE AND THAT THE STAFF BE AUTHORIZED
TO SUBMIT THE CHANNEL PLAN TO ZONE 7 FOR APPROVAL SO THE DEVELOPER
MAY BE REIMBURSED HIS PORTION OF THE COST OF THE CHANNEL WORK,
MOTION WAS SECONDED BY CM TIRSELL AND PASSED UNANIMOUSL~"/f'~ .
RESOLUTION NO. 118-75 9I<~~
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Modification
No. 1 of Aqreement) (Alameda County Flood Control and Water
- Conservation District)
REPORT RE SETBACK REQUIREMENTS
Mr. MUSSO reported tnat ~n tne past homes in Tract 1993 were
allowed to have a garage detached :;:from the house and when
a breezeway is added it means the. house is not in conformance
and a greater setback is then required. As a result an accessory
structure is required to have the same setback as the house.
This report clarifies the matter for this area, the regulations
have since been changed regarding accessory structures.
REPORT RE HEARING
DATE FOR ENSIGN BICKFORD
PROPERTY - PORTOLA AVE.
Mr. Musso noted that Mr. Hutka telephoned him this morning to
ask that the hearing for the Ensign Bickford rezoning from RS-4
to CN District request be set for June 30th.
J
The Council indicated that the 30th is the fifth Monday in the
month at which time the Council will not meet and ON MOTION OF
CM MILLER, SECONDED BY CW TIRSELL AND BY UNANIMOUS VOTE THE
HEARING WAS SET FOR JULY 7, 1975.
CM-30-l24
~)
/-
/
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June 2, 1975
PLANNING COMMISSION
MINUTES
The minutes for the Planning Commission meeting of May 6, 1975, were
noted for filing.
ADJOURNMENT
Mayor Futch adjourned the meeting at 9:10 p.m. to an executive
session to discuss legal matters.
APPROVE
tk4 /1 ~
. Mayor
ATTEST
Regular Meeting of June 9, 1975
A regular meeting of the City Council of the City of Livermore
was held on MaJune 10, 1975, in the Municipal Court Chamber, 39
South Livermore Avenue. The meeting was called to order at
8:l0 p.m. with Mayor Futch presiding.
ROLL CALL
Present: Cm Turner, Miller, Staley, Cw Tirsell and
Mayor Futch
Absent: None
PLEDGE OF ALLEGIANCE
Mayor Futch led the Councilmembers as well as those present in the
audience, in the Pledge of Allegiance.
MINUTES
May 27, 1975
Page 109, 5th paragraph from bottom, line 5 should begin: but
there is a lot of property out by the freeway that is owned by
the City and will eventually develop. It is possible that there
could be a large string of signs in that area....etc.
Page 112, first paragraph, line 4 should read: not get the
9verall discussion concerning the track relocation.
Page ll2, first paragraph, next to last line should indicate
experience rather than expertise.
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE (Cm Staley Abstaining) THE MINUTES FOR THE MEETING OF MAY 27,
1975 WERE APPROVED, AS CORRECTED.
CM-30-l25
June 9, 1975
OPEN FORUM
(Chain Link Fence -
in Commercial Develop-
ment Area)
Tot Green, 673 South "M" Street, stated that she is concerned about
the chain link fence along the new Safeway and Longs stores because
it appears to be a permanent fence and it was her understanding
that there would not be a permanent fence in this area because
this would ruin the plans for the downtown commercial area.
J
Mr. Lee explained that as soon as the tracks are relocated onto
the new right-of-way, Railroad Avenue will be extended on to Stanley
Boulevard and the fence will be removed at that time.
Mrs. Green stated that it appears that there is very little access
from Railroad Avenue into the new shopping area and is very dis-
appointed about this also.
Mr. Lee explained that when Railroad Avenue is extended to Stanley
Boulevard, there will be two accesses along Railroad Avenue with
left turn lanes.
Cm Miller stated that people have been asking him if some of the
excavation work for the railroad relocation has ceased and Mr. Lee
commented that everything that can be done at this time is being
done and at present work is being concentrated on the placement
of the rails.
Mr. Lee continued to explain the various items that are being
done with respect to the railroad project and Mayor Futch stated
that the the shopping center and Railroad Avenue have probably
been given more consideration than any other project in the City.
The Planning Commission and the Design Review Committee have re-
viewed the details very carefully and everyone should be very happy
with the final results.
CONSENT CALENDAR
Report re Participa-
tion in Amici Brief
A report from the City Attorney concerning the City of Los Angeles
v. County of Los Angeles - Amici Brief, recommended that the Council
adopt a resolution authorizing the City Attorney to join, on behalf
of the City of Livermore, with the City of Santa Barbara in an
amici brief on behalf of the Cities outside of Los Angeles area
in a differential tax rate - property tax subsidy case.
RESOLUTION NO. ll9-75
A RESOLUTION AUTHORIZING PARTICIPATION IN
AMICUS CURIAE BRIEF (City of Los Angeles
v. County of Los Angeles)
Res. Supporting
ABAG re Los positas
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A resolution supporting ABAG Executive Committee concerning develop-
ment of the Las positas area was adopted.
Cm Miller had suggested that an additional statement be added but
it was concluded after some discussion that this would only be
confusing with respect to the intent.
RESOLUTION NO. 120-75
A RESOLUTION REGARDING THE ABAG LAS POSITAS
RESOLUTION
CM-30-l26
June 9, 1975
Housing Author-
ity Minutes
Minutes from the Housing Authority meeting of April l5, were
submitted to the Council for review.
u
Payroll & Claims
There were 65 claims in the amount of $l02,977.82, and 407
payroll warrants in the amount of $141,138.67, for a total of
$244,ll6.49, dated May 30, 1975 and approved by the City Manager.
MATTERS INITIATED
BY THE STAFF
(Executive Session)
The City Attorney requested an executive session after the meeting
to discuss legal matters and an appointment.
(HUD Application)
Mr. Parness stated that the County has been instructed that some
of the wording for the agreement that has been authorized with
respect to the HUD application, must be changed. The City Attorney
has looked at this and it appears that there is no problem. It is
a matter that is dictated by the federal government and must be
inserted in order for the City to qualify for funds. He then
read the two paragraphs that are required to be inserted which would
modify our agreement.
The City Attorney commented that this is an urgency matter for
which there is no choice concerning the wording or the timing.
ON MOTION OF CM TIRSELL, SECONDED BY CM STALEY AND BY UNANIMOUS
VOTE, A RESOLUTION WAS ADOPTED AUTHORIZING THE CHANGES, AS READ.
RESOLUTION NO. 121-75
A RESOLUTION RESCINDING RESOLUTION 56-75
AND AUTHORIZING EXECUTION OF AGREEMENT
(County of Alameda) (Community Develop-
ment Block Grant Funds) .
Mr. Parness stated that there still is some concern on the part
of the City as to whether or not HUD will allow use of the funds
to build a capital structure and before proceeding the City would
want to have., certain certifications from HUD.
(North I-580
Recreation Area)
c
Cm Turner stated that he toured Athletics International, north
of I-580 on Heather Lane and was rather disturbed to see that
the building and area appears to be abandoned, The vacant lot
which is part of the area is covered with weeds and debris, the
parking lot is covered with broken bottles, the tennis nets
are torn and the swimming pool is filled with algae and dis-
carded objects. In general, everything is a mess. His concern is
that one can enter the area as there is no lock on the gate and
that a child might fall into the pool and drown. The people who
are members of the club have tried to contact the owner concerning
all of these problems but have not been able to find him. He
stated that he feels the City can require the owner to have the
pool drained, the weeds cleared and the gate locked, because all
of these items constitute a hazard.
CM-30-127
June 9, 1975
(Athletics Inter-
national Club)
It is his understanding that LARPD has looked into the possibility
of purchasing this property and this might be a prime time to look
into the possibility of acquiring the land.
Mr. Musso stated that the owner must have a permit for this use
and there are conditions with respect to the exterior and he has
drawn up a list of items to be corrected. He explained that the
pool was not one of the items because this is not on the exterior.
There is an ordinance which requires a locked gate and it would
seem that the City has ample evidence upon which to act.
'J
Mr. Logan commented that he believes the Department of Public Health
could visit the site and request that the pool be drained because
it obviously is a danger to people if it is accessable to the public
because of not having a lock on the gate. Within a week something
could probably be done to get the pool drained but it isn't likely
that something could be done tomorrow.
It was mentioned that the City can lock the gate and also post
a violation against the owner.
The staff was asked to report back to the Council concerning
any action taken by the staff.
(Source of Revenue
- Legislative Bills)
Cm Miller stated that on the Legislative Bulletins sent to the
City by the League of Caifornia Cities, two bills were listed
which he feels are very important.
One was the alcohol-beverage tax increase for cities and counties,
which we could have used during the rodeo weekend, and the League
recommends supporting the bill. The bill is AB 1807 and he sug-
gested that the City contact the Committee members urging strong
support.
The second is entitled, Major Restrictions on the Community Act,
called a major disaster for communities trying to obtain park
dedication - AB 19l1. The League recommends opposition to this
bill and Cm Miller would also recommend the strongest opposition
possible to this bill. He added that this bill is designed to
emasculate the park dedication legislation.
(EPA Hearing re
Amend. - Clean Water Act)
Cm Miller stated that the EPA will be holding a public hearing on
June 19, 1975, in San Francisco concerning amendment of the Clean
Water Act, and we should have a representative present at this
hearing.
This hearing is in conflict with the City tour scheduled for the
Councilmembers and Cm Miller feels the hearing is sufficiently
important that he would suggest postponement of the City tour
in favor of attending the hearing.
"
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Cm Miller stated that he will be attending the hearing anyway,
and would attend as a representative of the Council, if this
is the wish of the Council, and such was agreed upon.
CM-30-l28
June 9, 1975
(Report re Rodeo
Dance Disorder)
u
Cm Staley stated that he would like to hear from the staff con-
cerning the problems which occurred during the rodeo dance, and
Mr. Parness distributed a copy of the report from the Chief of
Police.
Cw Tirsell asked about the condition of the police Officer who
was injured during the disorder and if he had been treated
and released from the hospital. Are all of our officers alright?
Mr. Parness reported that the officer was released from the hospital
and everyone is alright. The essence of the police report was that
it was apparent there were going to be a very large number of people
attending the dance and about 11:30 p.m. some problems did occur
in the vicinity which necessitated police action and caused other
confrontations elsewhere in the vicinity. Around midnight the
Chief of Police called upon assistance from other police agencies
from which we received excellent response - the Highway Patrol,
the Sheriff's Office and the City of Pleasanton.
Generally speaking there was an unruly crowd in an explosive
atmosphere causing confrontations among the public and the police
officers.
Mr. Parness added that windows were broken, rocks and bottles
were thrown at officers and police cars and policemen were injured.
It was a very bitter scene and our Police Chief will not issue
another permit for such an event, which is supported by the City
Manager and hopefully by the City Council.
Mayor Futch stated that he feels a letter of appreciation should
be sent to the Police Department for the manner in which this event
was controlled.
Mr. Parness stated that he feels such a letter would be in order
and is happy to say that as of 7:00 p.m. this evening there were
absolutely no grievances reported to the Police Department as to
their actions in this disorder with the exception of one father
of a boy who was ar~ested.
Cw Tirsell stated that in driving through Livermore on Sunday she
observed that the streets were a mess and that the City's bill for
the cleanup must be quite high. She requested that the staff report
on the estimated cost for the cleanup.
Mr. Parness stated that this is true and that there was a lot of
vegetation destroyed - trees and planted areas.
Lee Estes, stated that he was in the middle of First Street when
everything started happening and would like to commend our Police
Department for the excellent job they did. There was a tremendous
number of people who were drunk and the situation was really terrible.
He stated that he also hopes the City Council would go along with the
idea of stopping this event, once and for all.
c
David S. Castro, 2276 Chestnut Street, stated that he heard Junior
High School students saying that there was going to be a rumble at
the dance, prior to Saturday night, and wondered why Livermore doesn't
have a helicopter to help disperse crowds when there is trouble.
CM-30-l29
June 9, 1975
(Meeting to Discuss
Gen. Plan Goals)
Cw Tirsell stated that the Planning Commission and Council should
meet to discuss the goals of the General Plan prior to meeting
with the consultants.
Mr. Parness replied that notices will be sent out tomorrow for
a June 18th meeting at 6:00 p.m. in the Library, and the consultant
will join the Council and Planning Commission at 8:00 p.m.
J
(Carnegie Build-
ing Leaking)
Cw Tirsell stated that someone has indicated that the Carnegie
Building is leaking and asked that Mr. Parness ask someone from
the Building Department to check on this complaint.
(Juveniles - Liquor)
Cm Miller stated that he has heard a number of complaints concerning
juveniles with liquor at the street dance. If there are juveniles
drinking, they are obtaining liquor somewhere and somebody is selling
it to them. If someone is selling it to them they are selling it
illegally and in his opinion someone from ABC should take a look at
why there is so much illegal liquor being sold.
Mr. Parness indicated that every effort is being made to keep
checking into this type of thing and it is something that is
constantly investigated. He added that often liquor is pur-
chased outside of the City and transported in and it really
is difficult to uncover and control this type of activity.
CO~1UNICATION RE
HELPFUL LIVERMORE
CITIZENS
A letter of appreciation was received from Bill Anderson of
Jackson, California, in which he mentioned that he had car
trouble while in Livermore and was also not feeling well and
that people passing by willingly assisted him.
The Council felt it was a very nice letter and a tribute to
the citizens who were willing to help someone in distress.
It was suggested that the Mayor send Mr. Anderson a letter of
acknowledgement indicating that the City was very pleased to
receive the letter.
COMMUNICATION RE DIS-
CONTINUATION OF
PIONEER LINES SERVICE
Owners of the Pioneer Lines have informed the Council that
due to increased costs and a decrease in patronage in recent
months, Pioneer Lines will discontinue operations as of Friday,
June 13, 1975.
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Cm Miller asked if there would be any way Pioneer Lines could
be incorporated into our public transportation system which
will be formulated after the Transportation Committee has made
recommendations.
CM-30-l30
June 9, 1975
(Discontinuation of
Pioneer Lines Service)
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Mr. Parness replied that if there is ever to be a publicly
financed transit system it can certainly be operated and main-
tained by a private entity and Pioneer Lines people could do
this. He added that the Pioneer people are looking at the City's
progress with a lot of interest.
Cm Miller stated that he wished progress was faster and asked
if there is anything the City can do to find federal/state sup-
port for the service Pioneer Lines is presently providing and
perhaps some expansion until such time as our program is underway.
Mr. Parness stated that upon Council direction he can look into
this possibility. It is his understanding that federal monies
(UMPTA) can be made available to privately operated local transit
service.
A letter has been directed to LLL, Sandia, and the City, request-
ing that the three entities consider a possible subsidization of
the Pioneer Lines system. The City Attorney has been asked to
research the statutes to consider what legal aspects are involved
with this possibility and Mr. Parness plans to talk to people at
the labs to see what course they propose to follow and a report
will be forthcoming concerning this item.
David S. Castro, suggested that the City purchase this system
and assume the responsibility of operation and maintenance.
RESOLUTION FROM SCHOOL
DISTRICT ENDORSING JOB
CRISIS WEEK
A resolution endorsing Job Crisis Week was submitted by the Board of
Directors of the Livermore School District and was noted for filing.
REPORT RE BUSINESS
LICENSE FEE INCREASE
Cm Miller stated that he would like to hear testimony from anyone
who would like to comment on the business license tax increase but
would like to postpone Council discussion and a decision until next
week because he would like to have the opportunity to discuss this
matter with the Chamber of Commerce before next week.
Cw Tirsell stated that she would rather not have testimony one week
and discussion the following week and would prefer that everything
be taken care of tonight unless there is a vast amount of written
material to be reviewed.
CM MILLER MOVED TO CONTINUE THE ITEM FOR ONE WEEK, SECONDED BY CM
TURNER AND PASSED 4-1 (Mayor Futch dissenting) .
REPORT RE ARROYO
PARKWAY DESIGN
C~
A report of the Arroyo Parkway design for the Arroyo Seco adjacent
to the Livermore Gardens apartments was submitted to the Council
for informational purposes and was noted for filing.
CM-30-l3l
June 9, 1975
POLICY RE ROTATION
OF MAYOR
Mayor Futch commented that when the policy for rotation of mayor
was scheduled for the agenda it was done with the understanding
that the Council may wish to table the item because the new Council-
member may wish to have more time to review the policy.
Cm Staley indicated that he has reviewed this matter and is prepared
to discuss it if the Council wishes but has no objection to continu-
ance.
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CM TURNER MOVED TO TABLE THE ITEM, SECONDED BY CW TIRSELL AND PASSED
UNANIMOUSLY.
REPORT RE SELECTION
OF FIRE STATION SITE
The Council has directed the staff to contact owners of three sites
preferred for construction of Fire Station No. 4 to obtain responses
concerning sale of their property for this purpose and has also soli-
cited the Planning Commission's recommendation on several sites.
Fire Station No. 4 is to be located in the south-western sector of the
City and there is a need for a station in the vicinity of Holmes
Street and Concannon Boulevard. The Planning staff reviewed a possible
7-8 sites and prepared a priority listing suggesting the sites to
be considered, along with and EIR for the project. The Council
selected the following three sites for consideration and the property
owners were contacted:
H - Evans and Concannon Boulevard
C - Cordoba and Concannon
D - South Side of Concannon, West of Holmes Street
Mr. Parness reported that site "H" is a choice location but com-
prises five acres and that only 1/2 acre is needed for the
neighborhood station. Also the owner is adamantly opposed to
selling the property to the City and is asking a price that is
greatly in excess of what the City has been told the value would
be. The owner is basing the land value on what they are being
assessed; they are asking $8,500/acre. Also the owner is opposed
to selling only a portion of the property and wishes to sell the
entire 5 acres when he does sell. The City has no authority to
obtain a portion of the property by litigation because it is out-
side of our City limits.
Site "C" is unoccupied, at present, by a permanent structure but does
comprise a portion of the corporation yard of Sunset Homes Develop-
ment. Mr. Mehran, the owner, feels that occupation of this property
by a fire station would greatly diminish the value of the property
and would devalue the balance of the property as well. Mr. Mehran
has indicated that if the City wishes to acquire this site it will
have to be done through litigation because he will not consent to
the sale.
Site "D" is owned by the Granada Baptist Church who also object to
the sale of their property because they do have plans for the
ultimate use of this land and for further development.
Cm Staley asked what happened to Site "I" which was also recommended
by the P.C. and Mr. Parness indicated that the Council took the
first four recommendations of the P.C. and that Site "I" is also
included in the five acre parcel located outside of the City limits.
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CH-30-l32
June 9' , 1975
(re Site for Fire
Station No.4)
Cm Staley commented that the P.C. looked at the sites very carefully
and would suggest that if "I" cannot be obtained, the City try to
acquire "C" through litigation.
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Cw Tirsell wondered how long it would take to acquire the property
if it goes through litigation and the City Attorney replied that
this would take from 8 months to a year.
There was discussion considering the possibility of Site "G" (North
of Concannon and East of Holmes Street) - and Mr. Parness explained
that the property owner would also contest purchase of this property
for a fire station and it would also have to go to litigation.
The City Attorney felt there is some ongoing agreement with the
owner of property "G" (Mehran) and that this might have some affect
on the lights at the corner of Holmes Street and Concannon Boulevard.
Mr. Parness explained that the agreement with Mr. Mehran is a tenta-
tive agreement that has not been formalized but if another site is
selected Mr. Mehran would agree to the settlement concerning the
traffic signals.
CM STALEY MOVED TO DIRECT THE STAFF TO PREPARE A RESOLUTION FOR
ACQUISITION OF SITE "C", SECONDED BY CM TURNER. MOTION PASSED BY
UNANIMOUS VOTE.
Wayne Graham, 914 Desconsado, stated that he and his neighbors
came to the Council a few months ago in protest of a possible
fire station in their neighborhood and now the Council is saying
that a fire station is more compatible than housing and he does
not like this. There are other areas in the vicinity that would
be more compatible than Site "c" and he strongly feels that these
should have been given more attention.
REPORT RE SUPPLEMENTAL
AGREEMENT - WESTERN
PACIFIC RAILROAD
Mr. Parness explained that when the original agreement for the grade
separation project was drafted some minor variances occurred on
property descriptions which were typographical errors. The staff
has prepared an agreement which clarifies the descriptions and
has been reviewed by the staff, the City Attorney and the consulting
engineer who find it to be in order. It is recommended that the
Council adopt a resolution authorizing execution of agreement.
Mr. Parness added that this is a descrepancy with W.P.and does not
affect S.P. nor would it affect S.P. direction.
Cm Miller stated that it appears we are g~v~ng up a portion of Oak
Street and it is not clear to him why we are doing this and it is
not clear what we are getting in exchange for it.
l
Mr. Parness explained that Oak Street transfer was a part of the
entire consideration for the financial exchange and this was all
calculated originally. Mr. Parness added that ~v.P. has occupied
Oak Street since 1906 and the franchise expired. This was one
of the negotiating parts of the agreement that was finally con-
cluded whereby a value was established on Oak Street and used as a
credit for the City's costs for the project and used in negotiating
final settlement as to what parts each of the parties to the agreement
would pay.
CM-30-l33
June 9 , 1975
(Supplemental Agree-
ment with W. P.)
Cm Miller stated that he would like a summary of the costs and credits
prior to approving the requested resolution.
CM MILLER MOVED TO CONTINUE THIS ITEM FOR ONE WEEK, SECONDED BY
CM STALEY AND PASSED UNANIMOUSLY.
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DISCUSSION RE VARIOUS
INTERSECTIONS
The Public Works Director submitted a report concerning various
intersections with respect to various traffic problems and the
Council discussed some of these problems. The intersections reported
on were as follows:
Second and South "L"
Holmes Street and Alden Lane
Norma Way and Mitra Street
First Street and South Livermore Avenue
South Livermore Avenue and Fourth Street
Cm Turner suggested that the staff conduct a study of the area
composed of the area from First Street and Fourth Street and
Holmes Street and South Livermore, as to the setup for stop
signs so that stop signs are not scattered allover town in
various directions, in a piecemeal fashion. He also suggested
considering Second and Third Streets for one-way streets.
Mr. Lee explained that the City does have a plan for the area and
since Third Street does not go through to Holmes Street, Second
Street functions as a through street, for the most part. One can
go all the way from Holmes Street to "L" Street without stopping.
Cm Miller stated that he has received complaints about the traffic
lights at the corner of Portola Avenue and North Livermore, in
that some people feel the "steady go" should be along Portola rather
than for North Livermore traffic because the majority of traffic
travels along portola rather than down North Livermore.
Mr. Lee recommended in his report an alternative to increase
the capacity and reduce delay on "L" Street by eliminating
parking on "L" Street from Third Street to 300 ft. north of
First Street, which was discussed by the Council.
It was concluded that the majority of the Council is concerned
about removing the additional parking provided on "L" Street
and would prefer that it remain.
Cm Turner asked if the signal for First Street and Livermore
Avenue is to be included with the bids for the mini parks in
that area and ~1r. Parness replied that this ,.,rill not be a
package bid but the bids will be going out at about the same
time because the City would like to have the project done con-
currently.
Cm Turner stated that he would really be interested in discussing
the mini parks again and Mr. Parness commented that the matter
will be coming to the Council for approval of the plans and
specifications and the receipt of the bids before anything is
done, and the Council will have a chance to speak at that time.
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REPORT RE FEDERAL
AID URBAN SYSTEM
The Federal Aid Highway Act of 1973 provides substantial sums
of money for continuing highway improvement and construction
programs. A major provision of the Act places emphasis on the
Ci>1-30-l34
June 9, 1975
(Fed. Aid Urban System)
modernization of non-interstate highway systems and increases
the size and funding of the Urban Highway System. Projects
approved under this funding are the following:
Widening and improvement of E. Stanley Boulevard from
Murdell Lane to Isabel Avenue.
Total reconstruction of ilL" Street from Fifth Street
to College Avenue.
Widening and improvement of the Arroyo Road bridge.
Widening and improvement of East Avenue from Nielsen
Lane to Greenville Road.
Extension of Concannon Boulevard from Arroyo Road to
Tesla Road.
Parking facility for BART - Stanley Boulevard.
The total amount available to Livermore for Fiscal Years 1974-75,
1975-76, is $567,960. It is recommended that a resolution approv-
ing the Federal Aid Uran System be adopted.
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE THE RESOLUTION WAS ADOPTED.
RESOLUTION NO. 122-75
A RESOLUTION APPROVING THE FEDERAL AID URBAN
SYSTEM IN THE CITY OF LIVERMORE AND THE URBAN
BOUNDARY IN THE CITY OF LIVE&~ORE.
REPORT RE JOINT POtVERS
AGREEMEND AMEND. - COVA
The City Attorney reported that some minor amendments to the agreement
with COVA are proposed to take into account responsibility for minister-
ial duties of one of the signatories for the agency and it is recommendec
that the resolution be adopted.
Cm Miller mentioned that the last time the agreement was discussed,
the Council asked to have some wording changes about withdrawal and
it has come back to the Council in a way that Cm Miller feels really
does not accomplish what the Council intended to do. He stated that
he would like to suggest a simple wording change which he feels would
accomplish what everyone has agreed to.
On the last page, Page 9, Cm Miller would suggest striking "effective
at the end of each fiscal year", and to read as follows:
Last sentence, Page 8: "Further any party may unilaterally withdraw
from the agency and Steering Committee, effective upon written notice
containing a resolution of its governing body so to do provided that
such withdrawing party has fully paid any and all assessments...etc.
c
Mr. Parness commented that one of the intentions of this wording is
to maintain the obligations of each signatory to the costs incurred
through the fiscal year (maintenance and operation costs), and the
point Cm Miller is speaking about is the concern we had with regard
to LAVVrnA, which is the assumption of unforeseen capital costs signi-
ficant in nature, and Cm Miller is correct. Perhaps we should include
modified language which would cover the concerns of Cm Miller but also
feels it is fair that each signatory should be obliged to maintain its
fiscal responsibilities for the maintenance and operation costs.
CM-30-l35
June 9, 1975
(re Amend. to COVA
Joint Powers Agreement)
Discussion followed concerning the proposed wording changes suggested
by Cm r1iller and whether or not wording concerning fiscal year should
be eliminated.
Cm Miller suggested that the last line read, lias a voting member of
the Steering Committee before receipt of the written note."
J
The majority of the Council felt the wording, "before receipt of the
written note" is redundant and asked that this not be included.
CM MILLER MOVED THAT THE COUNCIL APPROVE THE AGREEMENT, WITH THE
RECO~1MENDED CHANGES.
The City Attorney commented that at present we have one resolution
rescinding one resolution and if the Council adopts this resolution
and then decides another change is in order we may end up with a
resolution rescinding another resolution and he would suggest that
all the other agencies review the resolution prior to adoption by
the Council.
CM MILLER ADDED TO THE MOTION THAT BETTY MEYER CIRCULATE THIS DRAFT,
AS AMENDED, TO THE OTHER AGENCIES PRIOR TO ADOPTION BY THE COUNCIL.
Cw Tirsell pointed out that it took three months to get paperwork
back from the County Counsel and wondered if there is some way
this can be taken care of so that it can become effective July 1.
CM MILLER ADDED THAT THE RESOLUTION SHOULD BE SUBMITTED TO THE OTHER
JURISDICTIONS FOR APPROVAL, AS SOON AS POSSIBLE, SECONDED BY CW TIRSELL.
Cm Turner asked if the wording, with respect to withdrawal,
protects the City, and Mr. Logan replied that it does pro-
tect the City to the extent that whoever withdraws is obliga-
ted to pay into the funding anything he agrees to do while he
is sitting on the Committee.
Mr. Logan explained that the wording suggested by Cm Miller is
implementation of the theory that the City will not be in a
position to be obligated to anything it does not agree with, after
the time it has decided to withdraw. In effect, the way it was
worded before the City would still be obligated to pay everything
up to July of the next fiscal year, even if it withdrew in January.
MOTION PASSED BY UNANIMOUS VOTE.
REPORT RE OPPOSITION
TO AB 2041 AND AB 1059
The City Attorney reported that he would request approval to
oppose AB 2041 and AB 1059.
AB 2041 is a bill requiring the awarding of attorney's fees
against a public entity or officer of a public entity when a
writ of mandate is awarded against same.
AB 1059 is a bill purporting to require cities to issue contracts
or provide for the liability for police officers including puni-
tive damages.
'J
ON MOTION OF CM MILLER, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE THE CITY ATTORNEY WAS DIRECTED TO OPPOSE THE TWO BILLS
MENTIONED ABOVE.
CM-30-l36
June 9, 1975
WEEKLY STATUS REPORT -
CITY MANAGER
u
Airport Consultant
The Airport Consultant has made several local presentations
about his report. The consultant has been asked to repeat his
presentation for COVA at their meeting of June 12th and also to
the County Airport Land Use Commission and unfortunately these
two presentations will result in some cost to the City; however,
2/3 of the cost will be sustained by the FAA.
Building Department
The Building Department reports very little activity as far as
actual building permit issuance is concerned. Out of 26 permits
issued last week there was only one permit for a house and there
have been only 10 permits for houses this year. There are 30-40
permits available for this purpose.
Planning Department
The Planning Department has been concentrating on Zoning Ordinance
enforcement for the past two weeks which includes illegal businesses,
trailer storage and sign violations and notices have been sent to
violators.
911 System Program
The 911 System Program is about to begin its implementation stage
in our County and just today and Mr. Parness was informed that
there has been a partial grant awarded to our County in the amount
of $800,000 for this program which is about 2/3 of the amount
requested for the first year's program. Hopefully the balance
of the money will be allowed through appropriations in subsequent
years. The Council may recall that this is a pilot program for
the entire nation and will be installed here in Alameda County.
We are fortunate to be a part of it here in Livermore because
originally we were not to be included.
Ravenswood Restoration Architects
c
Cm Turner, Miller, LARPD staff and City staff interviewed architects
for the restoration of Ravenswood project. Ten firms were solicited
to submit brochures and letters of interest concerning this project
and the firms were recommended by the Bay Area Chapter of the American
Institute of Architects as being experienced or having an interest in
historical building restoration work. Four firms were invited for
personal interviews and three did appear to give presentations. All
of the firms gave good presentations and the joint Committee selected
an architect who has been contacted. The Committee was not aware of
the fact that this architect represented an association of two firms
and the other part of the firm is not necessary because it deals with
landscape architecture, which is not the primary interest in this
project. The architect has contacted his associated firm to explain
the situation and they have given consent to allow him to negotiate
singularly with the City.
A scope of work has been drafted by our staff and will be sent to
him and then he will again meet with the staff to negotiate contract
terms.
Cm Turner stated it was his understanding that the Committee had not
made a selection and that he specifically asked if any of the three
architects were being eliminated and was told that they were not.
CM-30-l37
June 9, 1975
(Ravenswood Architect)
Cm Miller commented that as he recalls there was a priority list
established and if the City got what it wanted (the architect to
negotiate without the associate firm) this would be the selection.
Mr. Parness explained that the first choice architect will meet with
the staff to work out negotiations, will be given a scope of work and
will again meet with the Committee for their approval. If, at that
time, the Committee does not wish to retain this person then the staff
will contact the next person on the list.
..~
Cm Miller commented that the other architects have not been eliminated
because nobody has been selected. There has been a priority list drawn
up and if the first choice does not work out the staff will simply go
to the next person on the list. Nobody is really eliminated at this
time.
Cm Turner stated that he does not want to proceed with anything
until the Committee has another meeting because it was his under-
standing that all three firms who were interviewed would have an
opportunity to review the scope of work.
Cm Miller stated that he does not believe the staff has done anything
contrary to the direction of the Committee but would suggest contact-
ing the other members of the Committee to find out if their understand-
ing is the same as that of Cm Turner. If this is the case another
meeting can be called.
David Eller, of Livermore, stated that Mr. Bergman from LARPD gave a
talk at the Heritage Guild and this was the first time the Heritage
Guild knew anything about the architect. Dorothy Nielson who heads
the May School Restoration Committee asked ~1r. Bergman if it would be
possible for someone from the Heritage Guild to attend the meeting.
Apparently Mrs. Nielson was misinformed as to the meeting date
and there was not a representative present from the Heritage Guild.
He stated that the Heritage Guild was the first to protest possible
demolishing of buildings at Ravenswood and they feel entitled to
sit in on discussions concerning the destiny of Ravenswood and its
restoration. He also indicated that he knows of architects in this
area who do restoration work and was surprised to learn that they
were not contacted. Mr. Eller stated that as a citizen he would
like to know that the best architect available will be chosen for
Ravenswood and certainly believes that it is not too late to con-
tact the architect from San Francisco who has expressed interest
in restoring Ravenswood.
Letter from Exec.
Director of the
State Water Resources Bd.
A letter of response has finally been received from the Executive
Officer of the State Water Resources Board concerning the letter
sent to them from former Mayor Pritchard, sent in March.
The letter includes a lot of information about the State Water
Resources Board program and their part in the matter. Attached
was a copy of a statement delivered before a State Association
meeting in Los Angeles, given by the Deputy EPA Director which
should be of interest to the Council.
J
Sewage Treatment
Capacity - LA~1A
Mr. Parness indicated that the matter of the sewage treatment
capacity planning intentions of LAVliMA will be discussed at the
meeting with LAVl~1A tomorrow night. This matter was brought up
CM-30-l38
QUITCLAIM DEED
(Ferrario)
Pursuant to stipulated jUdgment in City v Beukers~ et al~ Alame
County Superior Court a Quitclaim from the City to Raymond A. a
Anna J. Ferrario is recommended. ON MOTION OF CM TIRSELL~ SECO.
BY CM TURNER THE FOLLOWING RESOLUTION WAS ADOPTED UNANIMOUSLY.
RESOLUTION NO. 123-75
A RESOLUTION AUTHORIZING EXECUTION OF A G,UITCLAIM DEED (Ferraric
~
I
June 9, 1975
(Sewage Treatment Capacity)
~
the the Livermore representatives at the last meeting and there
was very little discussion on it. The staff of each of the
agencies and BASSA have met to talk about this and it is felt
to be an important consideration. If the Council is thinking
about expansion for our plant, even if it is only for industrial
purposes, plans should be discussed with LAVliMA.
Discussion followed concerning expansion of sewage plants for
Pleasanton, VCSD and Livermore.
REPORT RE
REPORT RE AIR QUALITY
MAINTENANCE MEETING
Cm Miller stated that he attended a meeting concerning air
quality maintenance as a representative of the Council.
The meeting was sponsored by the Air Resources Board with repre-
sentatives from EPA the Water Resources Control Board, Regional
Boards, ABAG, Cities and Counties, MTC and numerous other people.
The object of the meeting was to get going on the state implementa-
tion plan and air quality maintenance plan. The meeting was a pre-
task force discussion to gain a consensus as to what a task force
should consist of in a Phase I program. The task force for Phase I
would also determine the kind of things that need to be done and the
composition of the task force for Phase II. Also they would need to
start working out an implementation plan.
Phase I would start the beginning of July and would be over by
December and Phase II would begin January 1, 1976, and would con-
tinue for 1 to l~ years. The consensus was to set up a group com-
prised of a representative of each of the nine counties, a representa-
tive of the city from each one of the nine counties with San Jose,
Oakland and possibly San Francisco being assured a seat. An approxi-
mately equal number of representatives from the citizens groups
will also be included, such as the Home Builders, the Sierra Club,
PTA groups, etc., together with representation of one Bay Area
legislator from the Assembly and one from the Senate, as members
of this group.
Ultimately the appointments will come from the various jurisdictions.
The proposal was to have appointments come from the Mayors Conference
for the cities which, in his opinion, has a lot of disadvantages.
There seemed to be a very good consensus and it was a very good
meeting that was well done by the Air Quality people.
Budget Hearing
It was mentioned that the budget hearing will take place on June 28th
probably commencing at 9:00 a.m. and will be held at Fire Station
No.2.
ADJOURNMENT
Mayor Futch adjourned the meeting at 10:30 p.m. to an executive
session to discuss legal matters and appointments.
ATTEST
Ikd/ /I'~
Mayor
~~
'-
APPROVE
1: -jClerk
L' ermore, California
CM-30-l39
I
Regular Meeting of June 16, 1975
A regular meeting of the Council of the City of Livermore was held
on June 16, 1975, in the Municipal Court Chambers, 39 South Liver-
more Avenue. The meeting was called to order at 8:10 p.m. with
Mayor Futch presiding.
ROLL CALL
Present: Cm Turner, Miller, Tirsell and Mayor Futch
Absent: Cm Staley (Seated Later)
PLEDGE OF ALLEGIANCE
June 2, 1975
Page 123, 4th paragraph, 3rd line should read: He feels that the
Sister City "Committee" should be responsible....etc.
ON MOTION OF CM TIRSELL, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE, THE MINUTES FOR THE MEETING OF June 2, 1975, were approved,
as corrected.
CM STALEY SEATED AT THIS TIME.
OPEN FORUM
(Pioneer Lines)
Barbara Shaw, representative of the Transportation Advisory Com-
mittee, stated that they very much regret the loss of Pioneer
Lines bus service to the City which provided commuter service
to the labs. The Committee feels the City should make every
effort to assist Pioneer Lines so that they can continue operations
in the City. Public transportation is a habit that needs to be
fostered and continuity is very important. The value of public
transportation has been acknowledged by the voters - Alameda County
voted 64% in favor of Measure B to allow expenditure of gas tax
money for transportation and Livermore matched this percentage.
Thus far none of the gas tax money has been spent and there are
11 measures in the legislature related to transit financing, some
of which include operating subsidies. The Committee urges the
Council to investigate revenue sources now available and to support
increased funding for public transportation in the future.
Mr. Parness commented that the staff is looking into the possi-
bility of applying for grants to help subsidize Pioneer Lines
but there are apprehensions as to the legal supportability of
granting public funding for subsidy of a private bus line opera-
tion. In the meantime Pioneer Lines is not operating and the
AC Transit is going along the designated route but still refuse
to allow passengers to board enroute to the labs. They have
indicated that this will be their policy until they are given
official information asking that this order be revoked.
Mr. Parness stated that he would urge the Council to revoke
this order even though it be during the interim term and that
he has had numerous requests for service to the labs through
AC Transit.
Mayor Futch asked if there would be legal problems involved if
the Council would ask AC Transit to allow passengers to board
and disembark at the various BART stops, if Pioneer Lines resumes
operation, and Mr. Parness indicated he feels there would be no
legal problem. This would be a matter of operational instructions.
CM::.30_l40
June 16, 1975
(Pioneer Lines)
Cm Miller wondered if perhaps the Transportation Advisory Committee
could do some research on some of the federal grants that might be
available for the purpose of subsidizing local transportation and
provide this information to the City staff?
u
Mr. Logan commented that his concerns lie with the basic question
of what is a gift and what is a not a gift in terms of expenditure
of public funds.
It was suggested that the item be placed on the agenda for discussion
and em Staley added that he has been contacted by a representative of
Pioneer Lines a couple of weeks ago and they are very disturbed about
the policy concerning funding and he feels they should have the oppor-
tunity to speak to the Council.
The item will appear on next week's agenda.
(Vendors During
Rodeo Parade)
Mr. Ken Nather, 654 Caliente Avenue, stated that currently the City
charges a $10 fee to an individual for the right to vend their wares
on the street and that non-profit organizations can vend without a
charge. There were many street vendors during the rodeo parade and
only a few of the vendors had permits that were paid for. He feels
that this rule should somehow be more equitable. He stated that as
a businessman he does not feel opposed to fair competition but feels
that the vendors who do not pay taxes, as do the businessmen, should
be restricted from the business district area.
Mr. Nather also urged that the City ask the Alameda County Health
Department to investigate the dispensing methods used by the vendors
because some of the methods appeared to be unsanitary.
em Miller stated that Mr. Nather has made some very good points.
He has always felt that the fees for the profit making vendors were
too low and unfair to the permanent businessman of the community
and that this should be considered during the restructuring of the
business license fee ordinance.
em Staley commented that he believes there are problems in that the
vendor capitalizes on the crowd at the expense of the permanent busi-
nessman and also as far as he knows there is no requirement that the
one day vendors do any type of cleanup and merchants sometime have
to go out and clean up what somebody else made a profit on.
(Rodeo Dance Disorder)
L/
Charles Rogge, 3902 Princeton, stated that he was at the rodeo dance
when the problems occurred and that he feels things could have been
handled differently. People were trying to get to their cars which
were parked by the Court building and the police were not letting
them pass and this is when some problems occurred. He also observed
young children, 10, 11 and 12, at the dance and felt the police should
not have allowed children to be there after curfew hours. He saw one
boy about 12 years old smoking and carrying a bottle of beer and a
policeman just looked at him and did nothing. A lot of the young
kids were yelling names at the policemen and throwing bottles.
The street dance is part of the rodeo celebration and he would like
to see the dance continue.
CM-30-l4l
June 16, 1975
CONSENT CALENDAR
Greens Committee
Minutes - Three Meetings
The minutes for the Greens Committee meetings of March 20, May 1,
and May 8 were submitted to the Council and were noted for filing.
Res. Auth. Appraisal
of Property - Station 4
A resolution authorizing appraisal of property for Fire Station
No. 4 was adopted.
.. )
--.-/
RESOLUTION NO. 124-75
A RESOLUTION AUTHORIZING APPRAISAL OF PROPERTY
(Fire Station #4)
Res. Rejecting
Claim - Azevedo
The Council adopted a resolution rejecting the claim of Mary Azevedo,
concerning the railroad relocation project.
RESOLUTION NO. 125-75
A RESOLUTION REJECTING THE CLAIM
OF MARY AZEVEDO
Res. Awarding
Bid - Street Resurfacing
The following bids are the summary for the Street Resurfacing
Project 75-1:
Contractor
Unit Cost
Total Cost
Stanfield & Moody
Oliver de Silva
Teichert Const.
McDonald Conts.
McGuire & Hester
Alves Const. Co.
$14/85/ton
l4.99/ton
l5.20/ton
l7.58/ton
l8.00/ton
l8.49/ton
$16,5l3.20
l6,668.88
16,902.40
19,548.96
20,016.00
20,560.88
It is recommended that the bid be awarded to Stanfield & Moody,
low bidder.
Mr. Lee explained that the estimated cost for this project was
$29,000 but due to the availability of asphalt for the job and
the time of year bids were favorable and requested permission to
include ilK" Street, between Chestnut and Elm Streets for resurfac-
ing, because the bids were per unit price and "K" Street is next
on the priority list. The total would then come to $27,800.
The Council concurred with this request, and CM TIRSELL MOVED TO
ADD THE RESURFACING OF ilK" STREET FROM CHESTNUT STREET TO ELM
STREET. SECONDED BY CM MILLER AND PASSED UNANIMOUSLY.
RESOLUTION NO. 126-75
)
'--/
A RESOLUTION AWARDING BID
(Stanfield & Moody)
CM-30-l42
June 16, 1975
Payroll & Claims
There were 108 claims in the amount of $46l,552.95, dated
June 9, 1975 and approved by the City Manager.
c'
Claims Against the City
Cm Staley commented that it is the City's policy to reject claims
made against the City by private citizens, etc. and since it is so
difficult for the City to get insurance he wonders if it would be
worthwhile for the City to try to make a settlement prior to being
denied by the City Council.
Mr. Logan commented that he personally feels that in most instances
claims are inflated and it is probably better to reject a claim and
if the person is serious enough they can file a law suit. If they
are serious and file a lawsuit the City is covered by insurance and
the insurance company can determine whether or not the claim should
be paid. The City is really not in a position to pay the claims and
this is the reason we have the insurance.
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE,
THE CONSENT CALENDAR WAS APPROVED WITH THE ADDITION OF RESURFACING
FOR ilK" STREET.
MATTERS INITIATED
BY THE STAFF
(Request for
Executive Session)
The City Attorney requested an executive session to discuss legal
matters.
(Ensign-Bickford Hearing)
Ensign-Bickford has requested a change of date for the public hearing
for the request for rezoning of their property. The hearing has been
set for the 7th of July and Ensiqn-Bickford has requested postponement
until July 28th.
ON MOTION OF CM TIRSELL, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE
THE HEARING WAS RESET FOR JULY 28th.
c
(Property Acquisition
Adjacent to Pioneer Park)
Mr. Parness reported that the City is having some difficulty in clos-
ing escrow for property adjoining Pioneer Park. In reading the report
from the Title Company it appears that there are a number of covenant
restrictions having to do with "Declaration of Restrictions", which
he explained.
There is an architectural control committee that is made up of former
owners of the property who have the legal right to review any use of
the land as to structures, walls, etc. To the best of our knowledge
the architectural review committee is nonactive but the staff has been
informed that it would apply to this property.
CM-30-l43
June 16, 1975
(Property Acquisition
Adjacent to Pioneer Park)
The owner is anxious to have escrow close but it is being held
up because of the problem mentioned. Mr. Parness stated that
he would like to know whether or not this problem is a burden
on the land and if the City should accept the property under
these conditions.
"
.-.J
The City Attorney explained that the restrictions Mr. Parness
is speaking of are known technically as equitable servitudes
and they are enforceable against any party that attempts to
violate those servitudes. When he noticed that all of these
reservations were on the property he sent a request to the Di-
rector of Public Works indicating that he has no objection to the
City entering into this agreement by negotiation, recognizing
that if we purchase it by such means we purchase it subject
to those equitable servitudes.
The Public Works Director has assured the City Attorney that
this does not affect the City in our use of the property as
a public park and Mr. Logan is satisfied that this is true.
The recommendation would be that if this is the situation
everything is fine; however, if it is not the case the City
may be faced with a law suit if those people wish to sue and
the restrictions are violated.
Mr. Logan added that he is inclined to think that the people
would not likely sue but it is something the City should be
aware of.
Mr. Lee stated that he read the restrictions and it did not
appear that they would be a serious hindrance to the use of
the land for park purposes. The restrictions cover very spe-
cific things such as the architectural design and he feels
that the restrictions would not adversly affect any structure
that LARPD might wish to place on the property.
Cw Tirsell asked how 200 people might be contacted or the pro-
cedure to be followed if LARPD decides to build a structure
on this property.
Mr. Logan indicated that he feels this is a problem the City
will face; however he would suggest that if there is to be
a structure built the City try to contact the former owners
and if this cannot be done a notice be published within that
area. The notification does not really seem to be a problem
but the problem that might exist is the ability of the group
to rule over the planned design for the park or what LARPD
does.
Cw Tirsell wondered if there would..pe any advantage in having
the people sign a release and the City Attorney explained that
if the City wants a signed release it would have to pay for it
and he isn't sure how much this would cost, unless they want
to do it without compensation.
Cw Tirsell commented that she feels the reason the restric-
tions were on the property was because the land was zoned for
multiple dwellings, and the people probably did not want a
six story multiple developed in that area. For this reason
they may be willing to sign a release when they realize that
it will be used for park purposes.
Mr. Logan stated that he would have to agree with Cw Tirsell,
personally, and if the area will be a park it will change the
complexion of the area as the owners originally envisioned it.
J
CM-30-l44
June 16, 1975
(Property Acquisition
Adjacent to Pioneer Park)
G
Mr. Parness stated that the only people the City might be able to
contact would be the members of the architectural review committee
which consist of three brothers that subdivided the land and Mr.
Parness knows only where one is located and possibly the staff can
talk to him. He stated that he does not know what the complications
might be in getting some type of waiver executed.
Mayor Futch felt it would be worthwhile to at least attempt contact
with the three brothers and would prefer to wait until next week to
make a decision.
CW TIRSELL MOVED TO DIRECT THE STAFF TO CONTACT THE OWNER AND TO
ATTEMPT TO GET THE ARCHITECTURAL REVIEW COMMITTEE TO SIGN A RELEASE
PRIOR TO CLOSE OF ESCROW, SECONDED BY CM MILLER AND PASSED BY UNANI-
MOUS VOTE.
(Labor Negotiations)
Mr. Parness reported that he would like the Council to review a labor
agreement negotiated by the staff with one of the employee organiza-
tions, during an executive session, and added that the staff has been
negotiating with two other organizations for the past couple of months.
He would like to have the Council's permission to present a resolution
denying retroactive pay for next week's agenda, concerning the organi-
zations that have not completed negotiations.
(Athletics International)
Cw Tirsell stated that she has been contacted by the former manager
of Athletics International, Mr. Graham, and she suggested that Mr.
Graham or anyone else interested in that area, (Greenville North)
contact Mayor Futch or Cm Turner. She added that Mr. Graham is also
concerned about the condition of the property and its future.
(Mailbox Installation)
Cw Tirsell stated that a lady contacted her about getting a mailbox
installed and the lady understands that the City will install one
for $30.00.
Mr. Lee explained that the City prepared a design approved by the
Council and the City made up and installed some boxes, at cost, to
demonstrate their suitability. This has been discontinued because
there were misunderstandings in that people associated the require-
ment for curbside boxes with the City of Livermore rather than the
Post Office. He added that the City has proven that this system can
work and that larger boxes which lock are available if people want
this type of box.
A local firm has been contacted and is willing to fabricate the
boxes desired by the Council and the City and people are being
referred to this individual.
c
(P.C. Interviews)
It was noted that interviews for a Planning Commissioner will take
place beginning at 6:30 p.m. next Monday.
CM-30-l45
June 16, 1975
(Request to Show Film
re Planning>
Mayor Futch stated that he has received a request from a citizen
to show a five minute film at their Wednesday night meeting, con-
cerning planning and wondered if this would meet with the approval
of the Council.
The Council approved showing of the film.
,~
COMMUNICATION FROM RECYCL-
ING CENTER RE ALLOWANCE
OF SIGN ON SHED
The Livermore Community Recycling Center has requested that they
be allowed to paint the words RECYCLING CENTER on their shed as
an identification to motorists.
CM TURNER MOVED TO APPROVE THE REQUEST.
em Miller stated that he would like to see a sign, provided it
satisfies the Sign Ordinance.
Mr. Musso commented that the proposed sign does satisfy the ordi-
nance.
CM MILLER MOVED TO APPROVE THE REQUEST, AS LONG AS THE SIGN
SATISFIES THE SIGN ORDINANCE, SECONDED BY CM TIRSELL, AND PASSED
BY UNANIMOUS VOTE.
LETTER OF APPRECIATION
FROM FIRE CHIEF BAIRD
A letter of appreciation was received from Fire Chief Baird for
the City's authorizing his involvement as President of the Calif-
ornia Fire Chiefs Association during the past year.
NOTIFICATION OF
CONSTRUCTION PROJECT
The Veterans Administration Assistant Administrator for Construc-
tion has notified the City that a two-story building is being
planned at the V.A. Hospital in Livermore, to house administra-
tive offices.
No action was required of the Council on this item.
COMMUNICATION FROM
OFFICE OF CRIMINAL
JUSTICE PLANNING
A letter of response concerning the administration and expenditure
of criminal justice funds was received from the Interim Executive
Director of the Office of Criminal Justice Planning.
It was noted that the governor does plan to eliminate the Office
of Criminal Justice Planning in Sacramento, and that there will
be a direct passing of all grants to the regional agencies. In
our case it will be the Alameda County Criminal Justice Planning
Board.
,J
LETTER OF APPRECIATION
FROM ASSEMBLYMAN MORI
A letter of appreciation for the City's support of AB 2220 was
received from Assemblyman Mori.
CM-30-l46
June l6, 1975
REPORT RE BUSINESS
LICENSE FEE INCREASE
Cm Miller commented that he requested that the matter of the business
license fee be postponed from last week's meeting so that he would
have the opportunity to speak with a representative of the Chamber
of Commerce about the proposed fee increase.
u
Cm Staley and Cm Miller met with Marshall Kamena, of the Chamber
of Commerce, and that there was a very productive exchange of
ideas with the following outcome: Although Cm Miller would have
preferred to raise the money this year he was convinced by the argu-
ment that it would be better to restructure our business license fee
in a way that would provide equity and still raise an appropriate
amount of money.
It was suggested that there be a committee of representatives from
the Council, the Chamber and consumers, to discuss various mechanisms
for equity and to try to resolve this issue in a reasonably short
length of time.
CM MILLER MOVED THAT THE COUNCIL AGREE TO SUCH A COMMITTEE AND
APPOINT TWO REPRESENTATIVES FROM THE COUNCIL, SECONDED BY CM STALEY.
Mayor Futch asked if the Council will be appointing only representa-
tives from the Council, and Cm Miller commented that this is correct.
The Chamber will select their representatives and the Council will
possibly select members of the community to represent the consumer,
after names have been submitted by the other committee members.
Cm Staley stated that he would also like to have this committee
study other problems of the community such as the semi-municipal
parking facilities for which the businessman is assessed a"surcharge.
Cm Miller stated that he would like the committee to review the
enforcement of business license fees on all businesses in the commun-
ity - there are home occupations which do not pay their fair share.
MOTION PASSED UNANIMOUSLY.
CM STALEY MOVED TO APPOINT CM MILLER TO THIS COMMITTEE, SECONDED
BY CM TURNER AND PASSED UNANIMOUSLY.
CM MILLER MOVED TO APPOINT CM STALEY AS THE SECOND MEMBER TO THE
COMMITTEE BECAUSE HE IS A MEMBER OF THE BUSINESS COMMUNITY WITH
SOME GOOD IDEAS CONCERNING THE BUSINESS COMMUNITY, AS WELL AS A
MEMBER OF THE COUNCIL, SECONDED BY MAYOR FUTCH FOR DISCUSSION
PURPOSES.
CW TIRSELL CALLED FOR THE QUESTION AND THE MOTION PASSED BY
UNANIMOUS VOTE.
c
Ken Nather, 654 Caliente, stated that he would like to go on
record as opposing any increase to the present City business
license fee. The present fees are already excessive and he
has arrived at this conclusion after doing a survey of other
business license fees in other cities for his type of business.
He listed various Bay Area communities and the fees they impose,
compared to Livermore's.
Cm Miller stated that the purpose of the committee is to try to
bring equity to these fees and hopefully the shift will create
declines in fees for some of the businessmen. We all agree that
banks and insurance companies should pay a fee because they do
CM-30-l47
June 16, 1975
(Business License Fee Increase)
business with the pUblic and are located in the business district;
however, they are protected by statutes because banks and insurance
companies have better lobbies than the cities and perhaps after the
committee has made a report there can be a recommendation that the
City go to our representatives in the legislature saying that the
time has come for banks and insurance companies to pay their share.
\
\J
Cm Staley commented that banks and insurance companies are not
protected by statutes but rather by the Constitution of the State
of California.
REPORT RE WATER RECLA-
MATION PLANT CAPACITY
Mr. Parness reported that a variety of data has been distributed
to the Council concerning the sewage treatment plant capacity
which includes a letter received from federal and state officers
(EPA and State Water Resource Control Board), as well as a report
from our Director of Public Works. Reports include the amounts
of capacity and their respective costs. A small resume has been
included with respect to the results of a meeting between the
staff and Mr. DeFalco of EPA.
Mayor Futch stated that the last time this was discussed it was
suggested that we go to LAVWMA to try to get them to discuss some
of the issues. It was learned that the majority of the LAVWMA
members desired that the staff from the various jurisdictions
present information to LAVWMA as to what their individual communi-
ty anticipated needs are, in the way of sewer capacity. This is
where we are with respect to LAVWMA.
Cm Miller stated that he would like to present a personal view
that he has expressed many times. We live in the worst smog
area in northern California and smog is bad for your health.
The standards are attacked by people who do not want to see
environmental issues resolved for the benefit of the public
even though the standards have been reaffirmed twice by the
National Academy of Sciences. The state Environmental Quality
Act requires as one of its provisions in the preamble that "the
guiding criterion for public decisions shall be the long term
enhancement of the environment".
Cm Miller added that in this particular valley in view of the
nature of development, essentially the provision says that
there should be no further residential development in the
valley until the auto emission controls are in effect and any
mitigating measure we can devise within our present population,
such as bu~service, to bring our smog level down to federal
standard~~ans that there should be no further sewer expansion
for residential purposes anywhere within the Livermore Valley,
which includes Pleasanton. If there is going to be sewer expan-
sion, then the only ones that would make sense would be those
of a nature that would generate industrial and commercial use
and create jobs locally. Any other type of expansion, at
this time, would be irrational and in conflict with the Clean
Air Act and the California Government Environmental Quality Act.
The fact that some jurisdictions do not accept this is a reflec-
tion upon them and it would seem that a reasonable course for
the City of Livermore to take would be to discuss the question
of plant expansion, only for the purpose of commercial and
industrial use, because this would be the only mitigating
measure that a seuer 8npaRSiQR would help reduce air pollution.
Larger expansion which would have further residential develop-
ment only workS against the improvement of air quality in the
valley .~~}V
CM-30-l48 J~~,\
)
~'
c
c
June 16, 1975
(Report re Water Reclama-
tion Plant Capacity)
Cm Miller stated that there is only one area in which there is
any justification for residential development and that is to
provide a reasonable fair share of low income housing which has
to be managed by a housing authority, so that people who work in
the community and people who need this type of housing can get it.
Cm Miller stated that when we finish our discussion we should be
looking for our sewer plant expansion a relatively modest amount
to allow a reasonable industrial/commercial tax base and that it be
reserved wholly for this purpose. These types of expansions make
sense in terms of the Clean Air Act and the Clean Water Act and
that no other expansions in this valley should be allowed.
Cw Tirsell stated that she agrees with many of the things Cm Miller
has said but feels discouraged by the letters received from the EPA
and the State Water Quality Control Board because the State Water
Quality Control Board cancelled their hearing. She stated that she
is very discouraged about the federal bureaucracy really taking any
account in order to tie everything together and make reasonable
growth possible. Also, she feels reasonably sure we would have
trouble using a Clean Water grant entirely for commercial/industrial
development because they are excluded from it. It appears that any
expansion would not be through a grant but rather from local funds
and if this is the case we need to talk about how large it will be
and how much it would cost and whether or not the taxpayers would
support it by voting in favor.
Cm Miller stated that this is exactly what he has in mind and that
the City should pursue, the idea of using the Clean Water grants to
provide expansion for commercial and industrial use because this would
reduce the number of vehicle miles traveled in the valley. At the
same time he would suggest that the City offer to the voters a bond
issue for a relatively small sewer plant expansion and the terms of
the bond issue would say that it cannot be used for residential
expansion but must be used for industrial/commercial expansion
only so that the residential developers will not come in and
use up all of our capacity before the commercial/industrial developers
are ready. He added that he really believes the citizens would
accept such a bond issue and there is a reasonable chance of
its passage by 2/3 vote.
Cm Miller noted that the figures the state is using for the valley
come from taking ABAG's population projections for the valley without
any regard to air quality, using them to provide Clean Water grants
in the worst part of a critical air basin. Obviously this does not
make sense. He commented that he feels this is also an issue the
City needs to pursue with the State Water Resources Control Board
staff. It is ABAG and the State Water Resources Control Board that
have provided the really distorted population projections for sewer
plant expansion. They have estimated that there will be 149,000
people in this valley in 20 years and we currently have a population
of 110,000. This might be fine for cities that are pushing for
growth, such as the City of Pleasanton, but we are, in fact, down
wind from them and we will suffer from their expansion.
Cw Tirsell stated that she would really like to hear what Cm Turner
has to say about this matter because he is the person who has been
particularly interested in expansion of our sewer plant.
Cm Turner stated that he attended the meeting in San Francisco with
Mr. DeFalco from EPA. He added that he was the person who suggested
that the City of Livermore request an additional 2 MGD but would have
to concede that this would be unrealistic. He stated that his primary
reason for wanting the 2 MGD expansion was because it was his under-
standing that anything less than 2.5 MGD would not be considered for
federal funding. He stated that the thing he is concerned about is
CM-30-l49
June 16, 1975
(Report re Water Recla-
mation Plant Capacity)
that if industrial/commercial is going to be encouraged one must
that there has to be some resulting residential growth. People
will move into the area and there will be a need to provide some
residential units.
realize
Cm Turner asked if Cm Miller had a figure related to the number
of dwelling units that would be needed if there is additional
capacity to provide for commercial/industrial development and
Cm Miller commented that he would anticipate a need for perhaps
an additional 500 units.
"
\
J
em Miller explained that the rule for funding low income housing
is that there must be four times the demand which would amount to
about 500 additional units.
Cw Tirsell stated that when we do finalize our ordinance about
reserving sewer capacity, is it the City Attorney's intention that
this would apply to future capacity as well?
The City Attorney responded by saying that this is true but he
does have a request for direction. Originally when the staff
planned this ordinance they viewed any additional amounts of
allocation for the plant as being broken down into 45% for indus-
trial/commercial, 45% for residential, and 10% for low to moderate
income housing. If the direction the Council wants to take is to
reserve 90% for industrial/commercial and 10% for low to moderate
income housing then it would probably be useful for some direction
to the staff at this time so that the legal affect of pursuing
it to that extent can be researched. He stated that the staff
was more secure with splitting the reservation of capacity in half
after additional allocation. We were convinced that with the limited
allocation (up to 5 MGD) we could limit whatever was left to commere
cial/industrial on a 90%-10% basis. There is some concern as to
whether or not it would be justifiable to limit it on the same
basis if we receive another 1-2 MGD added to the capacity. He
would suggest that if this is the direction the Council would like
to take the staff should be so directed in order that there is
time to research the matter.
Cw Tirsell pointed out that some commercial/industrial development
may mean a need for housing and the housing in Livermore is appre-
ciating in value continually which means that there is a need for
houses in the $20,000-$30,000 range. The builders do not come in
and build houses for $20,000; therefore, having the capacity for
additional housing doesn't guarantee that we will get the type of
housing we need. The other side of that argument is that 10% of
the houses are always vacant and therefore industry coming into
Livermore would not require additional housing.
Cw Tirsell stated that the problem might be the kind of housing
Livermore has to offer and we need to look into providing the
kind of housing needed on the lower end of the scale.
Cm Miller stated that the purpose-of the industrial expansion
is not to bring industry to Livermore for any other reason than
to divert our commuters - the people already in our housing, into
local jobs. This is the best mitigating course that we can take
to reduce the number of vehicle miles traveled.
Cm Miller added that economists concede that the Bay Area is one
massive labor pool for all the industry throughout the whole Bay
Area and we know this is partly true in the valley because approxi-
mately 40% of LLL's employees commute into Livermore from someplace
else. About 40% of Livermore's residents commute out to someplace
else so there really is this labor pool aspect and it doesn't make
sense to say that we should provide housing for every aspect because
J
CM-30-l50
June 16, 1975
(Report re Water Reclama-
tion Plant Capacity)
people commute from everywhere if there is enough gasoline and no
restrictions on air quality.
L
Cm Miller stated that he believes the real goal is to provide
industry that would make use of local people so they do not have
to drive out of the valley for jobs. For this reason he really
does not want to provide more housing because we don't want more
people to move here and not all of these residents would work here
but many would commute out of Livermore.
Cm Staley commented that it would appear there is move to separate
the issues of water quality from air quality and Mayor Futch stated
that the Council has taken the position that it does not agree with
the move for the separation.
Mayor Futch stated that we want to create a balanced community but
not at the expense of air quality; therefore, we are looking at
mitigating measures to offset additional residential development.
In his opinion an expansion of 1 MGD would give us all of the
capacity we would be able to use, in the foreseeable future, for
additional commercial/industrial development and some residential
development. In his opinon 1 MGD would also be consistent with the
environmental goals and it would probably also be consistent with
funding and with LAVWMA facility to dispose of the effluent which
is based on a 20 year projection of the E-O population.
Cm Staley commented that if we are going to be able to get assistance
for this project then we should try to do as much of the planning
for future expansion we might have to plan for ultimately.
Cm Turner stated that after reading the minutes and the report from
Mr. Lee as well as talking with Mr. DeFalco, it would appear that
we would have to build forever to use up more than a 1 MGD increase
and for this reason he would feel very comfortable with the 1 MGD
increase he was opposed to a couple of weeks ago. It seems that
this would be a reasonable figure that would achieve the goals we
are seeking in long range terms for Livermore.
Mr. Logan stated that he would like to comment so that the Council
will be aware of all their options. within the Government Code there
is an option to fund sewer expansion facilities by a vote of the
Council but the only caveat is that the electorate has the ability
to do something by referendum. This gives the Council three options;
outside funding, a vote of the people, or a vote of the Council.
Mayor Futch stated that he hasn't decided as to what specific amount
should be asked for and that what the Council wants is a balanced
community and what the Council must do to achieve this. He stated
that this could mean a very long discussion and feels that it is
not necessary to get into such a discussion tonight.
l
Mayor Futch added that the suggested 1 MGD is kind of a ball park
figure and if our share of the LAVWMA project came in a 1.3 MGD
we should accept this amount.
Cm Miller stated that any increase in population over the llO,OOO
will make it impossible to meet the air quality goals; consequently,
a 20 year projection of l49,000 means we will never meet the federal
standards. The 149,000 projection is an arbitrary figure chosen by
the state, based on ABAG's projection for the county appropriately
scaled without any regard whatsoever for air quality. If we go to
LAVWMA asking for another 1 MGD there will be more residential develop-
ment and we will get sicker. He would like to suggest that the Council
direct the staff to go to LAVWMA with the following suggestion:
1. Accept E-O for Alameda countifilli.z9~0~ :t~ul~~~~
2. Sewer capacity be divided equitably among the jurisdictions;
CM-30-lSl
June l6, 1975
(Report re Water Recla-
mation Plant Capacity)
3. All the fees provided for industrial/commercial which would
give Livermore, Pleasanton and Dublin about .5 MGD.
em Miller continued to say that Pleasanton and Dublin are unbalanced
communities, just as Livermore is, and they should be looking for
the same goal. Pleasanton wants to build a large shopping center
and they are looking for a million people in the valley so that
they can have a lot of sales tax revenue but this is not relevant
because the guiding criterion for public decisions is supposed to
be the envTronment.
"'~
We should tell LAVWMA that we should not have a population of
149,000; we should not have a 14 MGD equivalent pipeline; and
we should be talking about no increases. Whatever the sewer
capacity is for l20,000 people we should use it for industrial
and commercial and not residential growth.
'''--tS Cw Tirsell stated that she would support Cm Miller's suggestion
~except for the fact that Pleasanton would really laugh at this
~. suggestion because they are asking for a 12.2 MGD capacit~ aft4
" an ul1:imatc l8 liCD. SRe aQQQQ 'tba..t liRil billiil"J'illi if I.iv~na'Sre
.~
'~'a&ly 1:a]tc the aadi tioRal cal'aai ty ~Rd this is wkat PleasaR'toa.
-~ is 001aR:tiR9' OR. AlreaQ}. i't Ras the support of thc EPA aftd
~ &tate Wa1:er Qaality Coft1!.l':'el BeaJ':'Q, ,d1!aea't 'tRail':' s\1~~ert. we-
~ dOB't aa~o a anaRge wit.R our p08itioR.
Cm Miller stated that Pleasanton cannot make us sick without
some responsibility, and Livermore has some rights to protect
our citizens against this.
Cw Tirsell stated that while she agrees with the recommendation
of Cm Miller she feels there will be no support from LAVWMA and
MOVED THAT THE CITY~C~ APPROXIMATELY 1 MGD EXPANSION
FOR LIVERMORE WITH mi 0 RESERVATION OF THIS CAPACITY TO
BE DISCUSSED WITH OUR CITY ATTORNEY AND THAT THIS BE THE FIGURE
TO BE USED IN WORKING WITH THE STAFF, SECONDED BY CM TURNER.
Cm Turner stated that he feels the comments made by Cm Miller
are very valid points and if possible would like them included
in the motion, with which Cw Tirsell agreed.
Cw Tirsell commented that while we disagree with using Clean
Water grants for the expansion of residences in an air basin
as endangered as ours we realize that these expansion grants
are used in this manner and therefore, reluctantly, we request
the 1 MGD increase.
Cw Tirsell added that we would be in favor of E-O population
growth for the valley, scaled to Alameda County, if the cities
of Pleasanton and Dublin would support this suggestion.
Cm Staley stated that he will support the motion because he has
studied this problem both at the Planning Commission meetings
and with the City Council during the past month. He finds
that this is such a complex problem that he is not satisfied he
has arrived at a final solution of what he would like to see
done. For the interim he is supporting this measure but is
very clearly reserving the right to change his opinion as more
information is available.
I
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Cm Miller stated he appreciates the way in which the motion was
made in an effort to reflect the ideas he has presented. His
view of the way this should be presented by our staff to LAVWMA
is that the City of Livermore should take the position of doing
the right thing environmentally - that is our position. We
CM-30-li52
June 16, 1975
u
(Report re Water Recla-
mation Plant Capacity)
should say that the other communities should recognize their
responsibility and this is our position. If they laugh then
we can offer a different suggestion. He commented that he
would prefer this be done in two stages even though, in a sense, it
is time consuming. We shouldn't say, "well, everyone else is doing
it", therefore, this is the way it has to be if we will go along.
We really should take the position of doing the proper thing environ-
mentally. The way the motion is stated makes it very difficult for
him to support it, even though he appreciates the way in which it has
been done.
Cm Miller added that irrationality reigns at the west end of the
valley and he feels we should make an effort to protect our popu-
lation and the only way we can do this is by hanging in for what
is proper environmentally. He added that he really can't vote for
the motion even though he appreciates the intent of the motion.
David Eller, Livermore resident, stated that he would prefer to have
Pleasanton laugh at us first and then continue on with what we have
to do at a later time. He would like to see Livermore stand up for
what it feels is the right thing to do and not to give in to Pleasan-
ton. Let Pleasanton make fools of themselves first.
Mayor Futch commented that he would like to mention that we are
entitled to one expansion with federal funding and this would be
it. In his opinion, with adequate planning and sufficient mitigating
measures 1 MGD need not necessarily mean an increase in air pollution.
MOTION PASSED 4-1 (Cm Miller dissenting) .
RECESS
After a brief recess the Council meeting resumed with all members
of the Council present.
REPORT RE SUPPLEMENTAL
AGREEMENT WITH W.P. RR
Last week there was discussion concerning a supplemental agreement
with Western Pacific Railroad with respect to construction of the
underpasses and grade crossings. This matter was continued in order
to allow the Council to review the agreement.
ON MOTION OF CW TIRSELL, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE
THE COUNCIL APPROVED THE RESOLUTION AUTHORIZING EXECUTION OF THE
SUPPLEMENTAL AGREEMENT.
RESOLUTION NO. 127-75
A RESOLUTION AUTHORIZING EXECU-
TION OF SUPPLEMENTAL AGREEMENT
(Western Pacific Railroad Company)
REPORT RE CONSTRUCTION
BIDS FOR FIRE STATION 1
L
Construction bids were received for Fire Station No. 1 on May 29th
and immediately thereafter a notice was received from the apparent
low bidder (Lohsen Company) that there had been an error and a request
to withdraw. The City Attorney and architect reviewed the work sheet
for the bid and it was concluded that the appeal for withdrawl was
valid and should be granted.
Review of the next bidder (M & H Construction) revealed that the
subcontractor for the electrical work was not acceptable and M & H
was asked to prepare a modified bid figure with a substitute electri-
cal subcontractor, and they have complied.
CM-30-l53
June 16, 1975
(Report re Construction
Bids for Fire Station #1)
It is recommended that the Council adopt a resolution awarding
the construction bid to M & H Construction Company in the amount
of $424,252.00, including two alternates, i.e., lockers and
shelving ($5,320.00); landscaping and irrigation, $9,886.00.
This amount also includes a $201. figure re the new electrical
subcontractor.
,/ "\
\J
ON MOTION OF CM TURNER, SECONDED BY CM TIRSELL AND BY UNANIMOUS
VOTE THE COUNCIL ADOPTED A RESOLUTION AWARDING THE BID TO M & H
CONSTRUCTION COMPANY.
RESOLUTION NO. 128-75
A RESOLUTION AWARDING BID
(M & H Construction Company)
REPORT RE REQUEST TO
OCCUPY LIV. GARDENS
Mr. Street reported that a request has been received from the
developer of the Livermore Gardens Apartments, which is a
partially completed housing project, for occupancy permits primarily
for security reasons.
The staff recommends that the Council adopt a motion author-
izing occupancy not to exceed 2/3 of the planned housing units
until all of the requisite improvements and conditions have been
satisfied.
CM MILLER MOVED THAT THE REQUEST FOR OCCUPANCY PERMITS BE DENIED.
Cm Miller stated that he believes the Council has not come to a
policy on this matter but the Council was adamant once before
about not allowing occupancy until everything is complete. We
have had trouble in the past and in his opinion there should be
a uniform and systematic rule that there will be no occupancy
until everything has been done to the satisfaction of the City.
As everyone knows, bonds are two year issues and they are extrem-
ely inefficient. Bonds require law suits and use of the City's
time and it is simply better all the way around to have everything
done right the first time and then allow occupancy.
MOTION WAS SECONDED BY CM TURNER.
Cm Tirsell agreed that the City was adamant about occupancy in
the past and that she would suggest developers avail themselves
of Security Eye Patrol, the Police Department, or other means
of protection for their property if this is the concern.
The developer of Livermore Gardens explained that he would like
to have occupancy allowed for the manager of the 96 unit apart-
ment complex because this person needs a place in which to live,
which the developer provides. The manager is hired by the developer
and works for him and if he can live there Livermore Gardens will
have 24-hour representation on the job site with respect to infor-
mation and security. He stated that FHA will not allow inspection
of the units until the utilities have been turned on and they would
like this to be done prior to people moving into their units. Also
they feel that no matter what type of fencing is provided, vacant
houses invite problems such as theft and vandalism. They wish to j
move people into portions as they are completed. If the contractor --/
is not meeting his obligations then utilities and occupancy permits
can be denied. He added that if they can progress, keep busy and
have full occupancy by the end of the project, it will result in
a better project with less problems.
MOTION PASSED BY UNANIMOUS VOTE OF THE COUNCIL~
r:;/ -7 J L,L-"" c--C'c.t' (i 'l./ ~[-(_ l.~tcc'.( c',c
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eM-30-l54
June 16, 1975
(Request to Occupy
Livermore Gardens Aptst
CM FUTCH STATED THAT HE HAS NO OBJECTION TO ALLOWING ONLY THE MANAGER
TO OCCUpy A UNIT AND SO MOVED TO AMEND THE MOTION, SECONDED BY CW
TIRSELL WHICH PASSED BY UNANIMOUS VOTE.
v
REPORT RE PROPERTY
ACQUISITION - GRADE
SEPARATION PROJECT
Mr. Parness reported that the City had occupancy rights for the
Standard oil Property but Standard Oil required that appraisals
be obtained and that the City work out a compensatory figure with
the occupant of the property prior to acquisition. There was also
a problem with improvements that had to be moved. Negotiations
have finally been completed and the figures have been presented
to the Council for acceptance.
CW TIRSELL MOVED TO ADOPT A RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH STANDARD OIL COMPANY, SECONDED BY CM STALEY AND
PASSED BY UNANIMOUS VOTE.
RESOLUTION NO. 129-75
A RESOLUTION AUTHORIZING EXECUTION
OF AGREEMENT (Standard Oil Company
of California, Western Operations, Inc.)
REPORT RE LEAGUE OF CALIF.
CITIES POSITION RE STATE
REVENUE SHARING
A report was distributed to the Council concerning the proposal for
State Revenue Sharing with comments from the League of California
Cities and the staff has suggested that the Council adopt a motion
instructing the staff to prepare a response to this matter for the
meeting of June 23rd.
Cm Miller stated that the suggestions of the League are very good,
with one exception, it takes 51% of the cities to participate before
becoming effective. Cm Miller stated that he wants Livermore to
participate regardless of what the other cities do, AND SO MOVED.
MOTION WAS SECONDED BY CM TIRSELL AND PASSED UNANIMOUSLY.
REPORT RE EAST AVE.
FUTURE WIDTH LINES
The Director of Public Works reported that during discussions with
the County concerning the cooperative project for widening East
Avenue there was a difference of opinion as to the future width
lines. The Council has tentatively approved a width of 108 ft.
to accommodate four lanes of traffic while the County contends
that an ultimate 120 ft. width is necessary with two lanes for
eastbound traffic and three lanes for westbound traffic.
c
The County has agreed to modify their standards in order that the
street will fit within the 108 ft. right-of-way, as proposed by
the City and it is recommended by the City staff that the County
standards be accepted in order that the design work can proceed.
It is recommended that the Council refer this matter back to the
Planning Commission for their comments.
Cm Miller stated that unless there is a mistake in the exhibit
submitted to the Council, this would be completely unacceptable, be-
because in adding up the width the County's standards still come
to 120 ft.
CM-30-l55
June 16, 1975
(Report re East Avenue
Future Width Lines)
Mr. Lee stated that if the standards indicate 120 ft. then there
is a mistake because they have agreed to the lOa ft. width.
It was concluded that the exhibit from the County was not in error
and that they illustrate a 108 ft. width which is acceptable to
the Council.
Cm Staley commented that during the Planning Commission discussion
concerning future width lines for East Avenue there was concern for
bike lanes and emergency parking and asked about these items.
Mr. Lee explained that this will provide for the bike lane.
Cm Miller stated that he can't understand the reasoning behind five
lanes with two in one direction and three in the other. Traffic
goes one way in the morning and the other in the evening - it does
not make sense to have an extra lane for the evening traffic.
\J
Mr. Lee stated that the County used state standards and took into
consideration the turns into the residential developments on the
north side of East Avenue. In order for traffic to move smoothly
through the traffic signals and to allow for motorists turning
into the areas north of East Avenue it was deemed necessary to
provide for the additional lane.
CM STALEY MOVED TO REFER THIS MATTER TO THE PLANNING COMMISSION,
SECONDED BY CM TURNER.
Cm Miller asked that the justifications concerning traffic and
diagrams be sent to the Planning Commission and not receive only
the two exhibits.
MOTION PASSED BY UNANIMOUS VOTE.
HEARING SET RE REZONING -
PLANNING COMMISSION'S REPORT
ON MOTION OF CM TIRSELL, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE THE HEARING FOR THE PROPOSED REZONING OF PROPERTIES TO
OS-UR DISTRICTS WAS SET FOR JULY 14, 1975.
P. C. MINUTES
The Planning Commission minutes for the meetings of May 13, 20,
and June 3, 1975, were received and noted for filing.
REPORT RE AB 1807
The City Attorney commented that the Council has discussed their
position concerning AB l807 and that no Council action is necessary
at this time.
WEEKLY CITY MANAGER
STATUS REPORT
Property Acquisition
The City has recently purchased the site at the corner of Chestnut
and "P" Street which was a service station site. The storage tanks
on this site (four in number) were found to be in good order and are
presently being relocated to the airport for use.
~
CM-30-l56
June 16, 1975
(City Manager's Weekly Rpt)
~/
Airport Hangar Plans
The airport hangar plans are nearly complete for the l6 new
T-hangars authorized for our airport at an estimated cost of
approximately $125,000. The staff will soon be coming to the
Council for authorization and will go to bid on them thereafter.
The City has been trying to generate interest among the lending
institutions, locally, for financing of this construction and if
we can't get it all locally we have the rights of obtaining a
$50,000 loan from the state at low interest return.
Building Permits
It has been reported that about 20 building permits were issued
last week and that none of these included a permit for building
a home. Most of the permits were for remodeling and swimming pools.
T.V. Sewer Inspections
The Public Works Department has been performing T.V. sewer
inspections over the past couple of weeks and there will be a
display and presentation concerning this item.
Presentation to COVA
By Airport Consultant Firm
The Airport Consultant firm gave a presentation to COVA and apparently
the presentation was well received. This completes presentations to
organizations that are concerned about this topic and the next presen-
tation will be a presentation of the City Council after receipt of
the draft report to be available in July.
Transportation Study
The Transportation Committee met with our consulting firm and the
consultant study is approximately 80% finished. A great deal of
information has been amassed by them as to the transportation needs
of the community and what the recommended system might be. A draft
will be ready for the Council in about another month and should be
very interesting.
Noise Element - Gen. Plan
The Noise Element of the General Plan is under preparation and hope-
fully will be finished in draft form sometime this week or next week
at the latest.
Subsidized Taxi Service
for Senior Citizens
(
',---,
Our City will be the recipient of a $22,000 grant from the federal
government to subsidize taxi service for the elderly and the City
Manager feels this will be a good program. Only $76,000 has been
allocated to the County and we were able to obtain almost 1/3 of it.
One thing that must be carefully studied is the possibility of whether
the City might be admitting any kind of irrevocable obligation to the
cab company by this action, in view of our intention to go into public
transit later.
CM-30-l57
June l6, 1975
City Manager's Weekly Report
Rent Subsidy Program
The City has recently been informed of a program available through
the Housing and Community Development Act for rent subsidy for low
income housing. This would be under Section 8 and would be different
from monies we have qualified for in the past under Section 23.
There will be 1,800 units allocated to the County and perhaps some
54 may be assigned to Livermore. The rent subsidies would range
between$175-$276/month for each one of the rental units and the
City is looking into the possibility of receiving some of this money.
J
Mr. Parness reported that these projects are getting numerous and
more complex by the day and it is very difficult for a small staff
to keep up with these things.
Social Concerns Meeting
The Social Concerns Committee has met and the Mayor and Cw Tirsell
were present. Staff liaison is being provided and Don Bradley will
serve in this capacity. The Committee will meet once a month and
the staff will meet with them to make sure that they get a good start.
Athletics International
Club Swimming Pool
The City staff has looked at the Athletics International Club swim-
ming pool and the County Health Department was also asked to observe
the condition which exists.
The City has been told by the owner that the pool will be cleaned
up and the water has been "super chlorinated" so that mosquitoes,
etc. will be eliminated. The owner was going to drain the pool but
they now intend to lease the pool again so that it will be open for
public use. People have been cutting the weeds and trying to get
the landscaping in proper order and they are maintaining locked
entrances.
Budget
A performance budget format was distributed to the Councilmembers
and Mr. Parness explained that this is an introduction and only
applies to three departments in the City and hopefully will gradu-
ate slowly into this subject. It is anticipated that the conver-
sion to this system will take about three years for the entire City.
Council Tour of City
Mr. Parness reminded the Council that the tour of the City will
take place on Thursday, June 19th, at 8:45 a.m.
ADJOURNMENT
Mayor Futch adjourned the meeting at 11:00 p.m. to an executive
session to discuss the labor agreement, appointments and legal
matters.
~~~~
, "'\ Mayor, ,
/'"\ I I \ I
. _~':Gf::.. P-c8-L/L- ;'~\/: /1..1("_
/q~ty Clerk
iv~rmore, California
j
J
APPROVE
ATTEST
CM-30-l58
Regular Meeting of June 23, 1975
A regular meeting of the City Council of the City of Livermore
was held on June 23, 1975, in the Municipal Court Chambers, 39
South Livermore Avenue. The meeting was called to order at 8:25
p.m. with Mayor Futch presiding.
I
V
ROLL CALL
Present:
Cm Turner, Miller, Staley, Cw Tirsell and
Mayor Futch
Absent:
None
PLEDGE OF ALLEGIANCE
Mayor Futch led the Councilmembers as well as those present in the
audience, in the Pledge of Allegiance.
MINUTES
June 9, 1975
Page 128, last paragraph under (Source of Revenue), should read
as follows: The second, AB 1911, is a major disaster for communities
trying to obtain park dedication. The League recommends opposition
to this bill...etc.
OPEN FORUM
(Taxes)
Katie Richardson, 510 Junction Avenue, expressed her feeling of concern
regarding the City budget and tax increases, police and fire depart-
ment allocations.
(Taxes and Cruising)
David Castro, 2276 Chestnut Street, commented that taxation is
beyond belief. He also remarked that the cruising by teenagers on
First Street has created a lot of congestions and there is a seeming
inability to cope with it.
CONSENT CALENDAR
Departmental Reports
The following Departmental Reports were distributed to the Council-
members:
~
Airport Activity - May
Building Inspection - May
Fire Department - Quarterly, January/March
Industrial Inquiries
Mosquito Abatement District - March
Municipal Court - April
Police and Pound Departments - May
Water Reclamation Plant - April
CM-30-l59
June 23, 1975
Committee Minutes
Minutes for the Design Review Committee meeting of June 3, 1975,
were noted for filing.,
Resolution Authorizing
Transfer of Funds
I
.J
An annual resolution is required for the formal transfer of monies
among funds, all of which are approved in the current year's budget.
RESOLUTION NO. 130-75
RESOLUTION AUTHORIZING AND DIRECTING
TRANSFER OF FUNDS.
Res. Auth. Execution
of Agreement (Highway Patrol)
(Abandoned Vehicles)
A resolution is required authorizing the City to participate in the
state program which allows a reimbursement of up to $20 for the
cost of abatement of abandoned vehicles on public streets. An ordi-
nance has been adopted by the Council allowing our participation in
this program.
RESOLUTION NO. 131-75
A RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH THE CALIFORNIA HIGHWAY
PATROL FOR PARTICIPATION IN ABANDONED
VEHICLE ABATEMENT PROGRAM.
Res. Auth. Execution of
Agreement - State Coop.
Personel Services
Our current contract with the State Cooperative Personnel Services
for the preparation of pre-emploYment examinations is about to ex-
pire. The proposed agreement will extend this service for an addi-
tional three year term. The costs are based upon ordering examina-
tion materials and wholly dependent upon job classifications and
numbers.
RESOLUTION NO. 132-75
A RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT (State Personnel Board)
Res. re Settlement
of Action (Heath)
The Robert B. Heath property acquisition proposed for eminent
domain litigation has been negotiated and a settlement has been
reached.
It is recommended that a resolution authorizing the settlement
be adopted.
J
RESOLUTION NO. 133-75
A RESOLUTION AUTHORIZING SETTLEMENT OF CON-
DEMNATION ACTION (City v. Robert Heath, et al)
CM-30-l60
June 23, 1975
L
Res. re Retroactive
Pay Denial
Mr. Parness reported that the staff is making every effort to seek
a negotiated settlement with the two remaining employee organiza-
tions prior to July 1, 1975. These efforts have been under way over
the past two months and it is recommended that a resolution be adopted
that would be consistent with the policy adopted last year declaring
that if a settlement is reached after July 1, pay will not be retro-
active.
RESOLUTION NO. l34-75
A RESOLUTION DENYING RETRO-
ACTIVE PAY AFTER JULY 1, 1975
Payroll & Claims
There were 97 claims in the amount of $428,825.02, and 318 payroll
warrants in the amount of $95,864.74, for a total of $524,689.76,
dated June 23, 1975, and approved by the Director of Finance.
APPROVAL OF CONSENT
CALENDAR
On motion of Cm Miller, seconded by Cm Turner the items on the
Consent Calendar were approved by unanimous vote.
MATTERS INITIATED
BY THE STAFF
(Liquor Store in
Louis Shopping Center)
A question was posed regarding the request for an additional liquor
store in the Louis Shopping Center. Mr. Musso, Planning Director,
explained that there is no limitation set, either on liquor stores
or any other type of establishment. It may come to the Council as
an appeal from grant of the permit.
MATTERS INITIATED BY
CITY COUNCIL
(Railroad Relocation Proj.)
Cm Miller questioned the seeming lack of work on the railroad project,
and Mr. Lee explained, briefly, the method of laying track and indi-
cated that while the work is approximately 14 days off schedule it
is hoped that this time can be made up prior to the proposed comple-
tion date of December 1.
(
~
(AB 437 re Residential
Developments)
Cm Miller spoke regarding Leauge sponsored AB 437 which is a measure
permitting by ordinance that in the construction of residential
developments a specified proportion of low or moderate income units
could be required. There is also a Senate Bill to the same effect
and it is requested that we support these measures.
CM-30-l6l
June 23, 1975
(Letter re Mailboxes)
It was suggested that communications be sent to the post office
once again regarding curbside mailboxes and the regulations re-
garding them.
(Executive Session re
Litigation & Labor Relations)
The Mayor announced an executive session immediately following
the regular meeting to discuss appointments, litigation and labor
relations.
\
I
J
(Budget Session)
CW Tirsell commented that the budget session is scheduled for
June 28, 1975 at 9:00 a.m., and hopes that people will attend
this meeting to hear the presentations and express their views.
Ray Faltings, 1018 Via Granada, also requested that the agenda
be publicized so that citizens would know when particular depart-
ment budgets are to be discussed.
(Livermore Day at the Fair)
July 7th is Livermore Day at the Pleasanton County Fair and CW
Tirsell commented that she hopes people will attend that day.
It was also suggested that since the 7th is on a Monday, the
City Council would hold their regular meeting on Tuesday, July 8,
and the Council concurred with this suggestion.
REQUEST FROM LARPD RE
PROPERTY ACQUISITION
LARPD has requested that the City purchase a small piece of property
along Murdell Lane adjacent to Max Baer Park which is for sale by
Reid Oliver and Company, a real estate firm located in Hayward.
ON MOTION OF CW TIRSELL, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE THE COUNCIL APPROVED THE RECOMMENDATION THAT THIS PROPOSAL
BE REFERRED TO THE PLANNING COMMISSION AND STAFF FOR REPORT.
COMMUNICATION RE QUESTIONS
TO AIRPORT ADVISORY COMMITTEE
(City of Pleasanton)
A copy of the questions posed by the City of Pleasanton to the
Airport Advisory Committee was distributed to the Council for
informational purposes. The Council asked that the answers,
eventually forwarded to the City of Pleasanton, also be sent to
the Council for their information.
P.H.NOTICE ALAMEDA CREEK
CALIFORNIA URBAN STUDY
(Corps of Engineers)
,J
The Council received a notice of a public meeting to be held
at the Rincon Avenue School Multipurpose Room concerning the Upper
Alameda Creek Urban Study to be conducted by the Corps of Engineers.
CM-30-l62
c
June 23, 1975
COMMUNICATION FROM
ALAMEDA COUNTY HUMAN
RESOURCES AGENCY
(Re Transportation Program)
A communication was received from the Alameda County Human Resources
Agency concerning recommendations of the Advisory Commission on Aging
with respect to transportation programs for the elderly in South
County. Among the recommendations was that the City of Livermore
should be allocated $22,050 to implement a subsidized taxi service
for the elderly for the community of Livermore.
REPORT RE PIONEER
BUS SUBSIDY
A proposal has been transmitted to LLL, Sandia, and the City of
Livermore by the owners of Pioneer Lines requesting a joint subsidy
in the amount of $3,300 per month to allow continuance of service.
It would appear that according to an opinion voiced by an LLL
authority, the prospects of LLL and Sandia participating are
virtually nil.
The City Attorney was asked to prepare an op~n~on on the legal aspects
of the City's subsidy for this purpose and he reported that an inquiry
has beem made to MTC as to whether or not federal or state monies
would be available for this purpose. .MTC has indicated that
although UMTA does provide for grants for privately operated
local transit systems, their award more than likely would have
to be made as a pass through from a major pUblic transit system
such as BART or AC. The requirements of the federal law, in
addition, are so complex and imposing that MTC's staff believes
them impossible for qualification for a small local private
service.
The City Manager recommends that although a great deal remains
to be done prior to any implementation of a local public transit
service, it is conceivable that one may be operational within
a year. Such a service, supplemented by the existing BART commuter
service, may be enough to substitute for the very fine operations
that have been conducted by Pioneer Bus Lines. Regrettably,
it is recommended that the application for subsidy be declined.
Discussion followed on the report submitted, with the Council ex-
pressing concern regarding encouraging use of this type of local
transit which is a matter of educating people to use busses. It
is regrettable that the private line could not remain in business;
it was hoped that the entire City would benefit from its existence.
Some subsidy should come from BART. The need for subsidization is
clear, and probably will exist for some time even though it is not
clear that such a subsidy can legally be given by the City. At the
close of discussion, ON MOTION OF CM TURNER, SECONDED BY CM STALEY,
THE COUNCIL VOTED UNANIMOUSLY TO REGRETFULLY DENY THE SUBSIDY
REQUEST, AND TO HAVE, WITHIN 30 TO 45 DAYS, A STUDY SESSION WITH
PIONEER BUS LINES, LLL, SANDIA AND KAISER SAND AND GRAVEL AND OTHER
LOCAL EMPLOYERS TO DISCUSS THE SUBJECT OF LOCAL TRANSPORTATION.
"-/
Cw Tirsell indicated her feeling that local transportation must be
subsidized; we are being unrealistic if we think otherwise~The
Council also asked the City Manager to write to the bus owners
expressing the Council's appreciation of their effort in this regard.
Also, at the City Manager's request, the Council did authorize, ON
MOTION OF CM MILLER, SECONDED BY CM TURNER, PERMISSION FOR AC TRANSIT
TO PIC~ UP PASSENGERS ALONG THEIR ROUTES TO THE LABS WITHOUT PREJU~
DICE TO A LATER CHANGE IN DIRECTION.
.. ~~" k<-d4/'~';A'ff./-~~2.~L/ //'~~~~ ,A;~t>, t2/c;~~L-A"v -:#/'-J4.'L<:';~ "<"'-,/ ;;-';(c, '
_uZTi.v p"-<:^~Y) /.' L. L. .~A~? Cl/~_. _7~y-~.-t7~ ,-z:,_.L~ ('<:~ -Cc cL /~^L:'A<^i
'_i',"I~~,7v" /, , /J;;Z,t, 7--</"---<,,-_,,-_ ?<'^,,-'<c;< ,.-^c,T7''Li!'-'i:. <-,':7_, ..?/'~: ?V~_~.,~/7<~/;Ejj~..,A,^.e4?
;;;,,7..i.<'/~^-t'/t(/--c/ ~U,/I../ /("[L'l,tL_/~(,/-, ~<,--?c..e{:?:y/> .k:L-i:.LrF'J/" ",. /~
, , CM-30-l63 r'<!~~
June 23, 1975
REPORT RE GOLF PRO
CONTRACT ~mNDMENT
Since the Springtown Golf Course was acquired over two years ago
the starter shack has been manned by hourly employees. This was
due mainly to our original intentions to seek a golf pro for this
responsibility or to assign it to the existing pro. Until re-
cently these efforts have been unsuccessful and the temporary
employees have been retained.
,
J
Finally the golf pro at Las positas has agreed to assume the
pro responsibilities at Springtown, which include operating the
starter shack and offering golfing merchandise. The negotiated
terms would be a monthly retainer to be paid by the City in the
amount of $700. The City would receive 5% of the gross receipts
earned by the pro and, of course, would retain all green fees.
Our current expense for this service is $8,500/year.
It is recommended that the Council adopt a resolution authorizing
execution of an agreement between the City and the golf pro at
Las Positas.
ON MOTION OF CM MILLER, SECONDED BY CM TIRSELL AND BY UNANIMOUS
VOTE THE RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREE-
MENT WAS ADOPTED.
RESOLUTION NO. 135-75
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
(First Amendment to Agreement: Daniel Lippstreu)
REPORT RE UTILITY
EASEMENT ISSUANCE TO
CALIFORNIA WATER SERVICE
LARPD has requested issuance of an easement to California Water
Company along the alignment of a proposed bike trailway intersecting
Vista Meadows Park. The staff has recommended that the Council
adopt a resolution granting the easement.
CM TURNER MOVED TO ADOPT A RESOLUTION GRANTING THE EASEMENT, SECONDED
BY CW TIRSELL.
AFTER SOME DISCUSSION CM TIRSELL MOVED TO AMEND THE MOTION TO WAIVE
THE FEE IN RETURN FOR WORK ON THE PARK, SECONDED BY CM TURNER WHICH
PASSED 4-1 (Cm Miller dissenting).
MAIN MOTION PASSED BY UNANIMOUS VOTE.
RESOLUTION NO. 136-75
A RESOLUTION AUTHORIZING EXECUTION
OF EASEMENT (California Water Ser-
vice Company)
REPORT RE DESIGN REVIEW
ORD. MODIFICATIONS
Recently the Council was informed of some procedural conflicts
between the zoning and land use administration and the design
review process. The Council instructed the staff to seek to recon- .~
cile these differences.
The Council has received a draft of proposed ordinance changes which
hopefully will accommodate this need. If the draft is acceptable
it is recommended that the staff be directed to prepare an ordinance
for adoption.
The Council then discussed the draft agreed upon various changes
CM-30-l64
June 23, 1975
(Ordinance Modification
re Design Review Process)
they felt were necessary and ON MOTION OF CM TIRSELL, SECONDED
BY CM TURNER AND BY UNANIMOUS VOTE THE DRAFT WAS ADOPTED AND
REFERRED TO THE PLANNING COMMISSION FOR REVIEW.
~'
Cm Miller expressed concern with Section 22.86, at best some
punctuation is needed, and Chief Building Inspector Herb Street was
requested to revise this section for future review.
REPORT RE PIONEER
PARK PROPERTY PURCHASE
The City Manager reported that at the last meeting the Council
was informed of the fact that the title report for the proposed
purchase of property adjacent to Pioneer Park reveals that an
"equitable servitude" covenant remains with this land. This means
that the rights of architectural review and other structural
restrictions pertaining to fences and walls is vested with sub-
sequent property owners, now numbering some 200. The only way
to get this covenant lifted, short of litigation against all
parties, would be to obtain the consent of each subsequent
property owner which would be impractical.
The former landowner-subdivider has stated that to the best of
his knowledge the subject deed covenants have never been invoked
nor is there an active homeowners association or architectural
review committee at present.
The Director of Public Works foresees no problem in assuming
the title with this listing and it is recommended that the Council
adopt a motion authorizing the staff to proceed with the purchase
of this property.
After brief discussion CM STALEY MOVED TO CEASE NEGOTIATIONS
UNTIL THE SELLER CAN GIVE A CLEAR TITLE TO THE CITY, SECONDED
BY CM MILLER AND WHICH PASSED BY UNANIMOUS VOTE.
REPORT RE REVENUE NEEDS
(League of Calif. Cities)
The City Manager submitted a letter to be sent to the League of
California Cities Board of Directors concerning their recent
inquiry on proposed state revenue sharing with cities. The letter
indicated that this subject is of critical importance and current
to our budgetary season and hopefully the League will be able
to initiate a measure and make it one of high priority on the
legislative programs. The City Council unanimously urges that
the League Board of Directors endorse such a proposal.
P. C. REPORT RE PRO-
POSED GALLOWAY PARK
PURCHASE
A staff report from the Planning Commission concerning the acqui-
sition of Galloway Park (park relocation and golf course expansion)
located southwest of Bluebell Drive near Buckskin Road, was submitted
"--/ to the Council for review.
The Council has authorized conduct of an appraisal for this property,
the results of which have not been received. Following receipt of
the appraisal, the owners will be contacted seeking their acceptance
of the value thus established.
No Council action was required at this time and the report was noted
for filing.
CM-30-l65
June 23, 1975
REPORT RE COVA
1975-76 BUDGET
A report was received from COVA with their proposed 1975-76 budget.
The proposed expenditures would require our financial partici-
pation to the extent of $2,000.
Mr. Logan requested that this item not be discussed at this time
because he would prefer that the Council act on the Joint Powers
Agreement first.
It was concluded that this item would be postponed.
J
REPORT RE ZONE 7 WATER
SERVICE - LAS POSITAS
The Director of Public Works reported that an inquiry was made to
the Zone 7 Board by the consultants for Mr. Geldermann about the
possibility of water service to the proposed Geldermann development
north of I-580. The Zone 7 Board discussed this matter at their
meeting of June 4, 1975, and directed their staff to send a report
to water retailing agencies.
Prior to their meeting Mayor Futch requested a delay in considera-
tion of this matter and the item was continued to July 2nd after
some discussion as to what their policy should be with respect to
such requests.
The staff has recommended that a resolution be adopted opposing
the extension of domestic water supply for this project and on
MOTION OF CW TIRSELL, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE, THE RECOMMENDATION WAS ADOPTED.
RESOLUTION NO. 137-75
A RESOLUTION OPPOSING EXTENSION OF
DOMESTIC WATER BY ZONE 7
Mayor Futch also indicated that he would be present to ask that
discussion not be continued regarding this matter and to reinforce
the resolution adopted.
Also, it was decided to present a letter to the Mayors' Conference
requesting a hands off policy in instructing the Conference dele-
gates to ABAG and how to vote on the Las positas development
matter.
RECESS
After a brief Recess the Council meeting resumed with all members
of the Council present.
PROPOSED COMMUNICATION TO
BOARD OF SUPERVISORS
(Re Anderson Rezoning)
Consideration of the letter proposed to be sent to the Board of
superv~sors c~ntaining a resume prepared by the Planning Director
was br~efly d~scussed and the matter postponed for action at a
meeting proposed to be held just prior to the budget discussions
on Saturday, June 28th.
-.-/
CM-30-l66
June 23, 1975
ADJOURNMENT
The meeting adjourned to an executive session at 10:35 p.m. to
discuss labor negotiations, appointments and litigation; thereafter
to 9:00 a.m., Saturday, June 28, 1975, at Fire Station No.2,
951 Rincon Avenue.
ATTEST ~~~
~ /?;;#
Mayor I
(' (~1t-{~ I~
I'",C~ ty Clerk
Li~ermnre, California
'~./
APPROVE
Adjourned Regular Meeting of June 28, 1975
An adjourned regular meeting of the City Council of the City of
Livermore was held on June 28, 1975, at Fire Station No.2,
951 Rincon Avenue. The meeting was called to order at 9:10 a.m.
with Mayor Futch presiding.
ROLL CALL
PRESENT: Cm Miller, Cw Tirsell, Cm Turner and Mayor Futch
ABSENT: Cm Staley (seated shortly after the discussion commenced)
LTR RE ANDERSON PROPERTY
REZONING (portola Avenue
and I-580 Off-Ramp Area)
The Council discussed the proposed communication and decided to
include an appendix which would state some of the historical data,
leaving the letter and attachments strictly addressing the rezoning
itself, and CM TURNER SO MOVED, SECONDED BY CM MILLER, AND PASSED
BY UNANIMOUS VOTE.," ~t~
The stafVwtt~lsctdi~cf~d?'tt~~C'~;;~~s t~ Council's appreciation
for the~ettersent to the Board supporting the City's stand on this
proposed rezoning.
RESOLUTION RE MEDEIROS
PARKWAY GRANT APPLICATION
The Planning Director requested that a resolution be passed approving
the application for Land and Water Conservation Funds for the Medeiros
Parkway Project. Some monies have already been received, however
not enough to complete the project. This application provides
monies to acquire lands for public outdoor recreation purposes.
ON MOTION OF CM MILLER, SECONDED BY CM TURNER, AND BY UNANIMOUS
'~ APPROVAL, THE FOLLOWING RESOLUTION WAS ADOPTED.
CM-30-l67
June 28, 1975
(Resolution re Medeiros
Parkway Grant Application)
RESOLUTION NO. 138-75
A RESOLUTION APPROVING THE APPLICATION FOR LAND
AND WATER CONSERVATION FUNDS
(MEDEIROS PARKWAY PROJECT)
J
ADJOURNMENT
There being no further business the meeting adjourned
to the budget session.
APPROVE
~ ~'%H
n Ma~or I
(~:~~( ~ ~;i<.-'- ~,.~ \ :{/VLec.(~k5'-
;> City Clerk
l.vermore, California
ATTEST
Regular Meeting of July 8, 1975
A regular meeting of the City Council of the City of Livermore was
held on July 8, 1975, in the Municipal Court Chambers, 39 South
Livermore Avenue. The meeting was called to order at 8:10 p.m. with
Mayor Futch presiding.
ROLL CALL:
Present:
Cm Miller, Cw Tirsell, Cm Staley and Mayor Futch
Absent:
Cm Turner
PLEDGE OF ALLEGIANCE
Mayor Futch led the Councilmembers as well as those present in
the audience, in the Pledge of Allegiance.
MINUTES
June 16, 1975
Page 152, third major paragraph, third line should read: suggestion
because they are asking for a 12.2 MGD capacity. The remainder of
this paragraph should be deleted.
Page 152, 5th paragraph, 4th line should read:
PERCENTAGE, ...etc.
FOR LIVERMORE WITH
June 23, 1975
-.-/
Page 163, last paragraph should read: Cw Tirsell indicated her
feeling that local transportation must be subsidized; we are
being unrealistic if we think otherwise. She was disappointed
at the attitude expressed in the letter from LLL - they are trying
to locate a new energy source and ignoring an opportunity to help
preserve our current energy supply.---etc.
C1-1-30-l68
July 8, 1975
(Minute Corrections)
P. 148 (June 16), second paragraph from bottom, 7th line down, should
read as follows: standards. This means...etc.
,--.
P. 148, last paragraph, 6th line down should read: measure that
would help reduce air pollution. Larger expansion which would have
further residential development only works against the improvement
of air quality in the valley.
Page 149, 3rd paragraph from bottom, 9th line should indicate
149,000 rather than 119,000.
Page 151, bottom of the page, Item 1. should read: 1. Accept
E-O for Alameda County, scaled to the valley (119,000 population).
Page 167, second paragraph under Anderson Property Rezoning should
read: The staff was also directed to express the Council's appre-
ciation for the Chamber of Commerce letter sent to the Board..etc.
Page 154, last line should read: MOTION PASSED BY UNANIMOUS VOTE
OF THE COUNCIL, AMENDED AS LISTED ON THE NEXT PAGE.
ON MOTION OF CM MILLER, SECONDED BY CW TIRSELL AND BY UNANIMOUS
VOTE THE MINUTES FOR THE MEETINGS OF JUNE 16, k~D 23, 1975, villRE
APPROVED AS CORRECTED.
CONSENT CALENDAR
Res. of Condemnation
re Fire Station #4
An appraisal is currently underway for the Fire Station #4 site
and hopefully a negotiated settlement can be reached. It is recom-
mended that a resolution authorizing condemnation be adopted.
RESOLUTION NO. 139-75
A RESOLUTION AUTHORIZING AND DIRECTING CONDEM-
NATION OF FEE SIMPLE ESTATE FOR PUBLIC PURPOSES,
TO WIT: A FIRE STATION AND APPURTENANCES, OF
REAL PROPERTY LOCATED ADJACENT TO THE WEST LINE
OF TRACT 2266 AND AT THE NORTHWESTERN CORNER OF
CORDOBA STREET AND CONCANNON BOULEVARD, CITY OF
LIVERMORE, COUNTY OF AL~..EDA.
Res. re Fed. Aid
Safer Roads Program
The Federal-Aid Safer Roads Demonstration Program is a program
administered by the state and involves 90% federal reimbursement.
The state has determined an apportionment for each county and has
requested the counties to establish their own means of how available
funds are to be used. It is recommended that this program be adopted
and a resolution passed.
Cm Miller commented that the resolution mentions the Maple Street/East
Avenue island at three times the amount approved by the Council.
'~ Mr. Parness replied that by the Council's acceptance of the report
does not necessarily mean approval of the expenditure for this project
but rather staff approximations were noted in the report. If the
City receives the funding for the various projects the Council will
have to later review and approve installation.
CM-30-l69
July 8, 1975
(Safer Roads Program)
RESOLUTION NO. 140-75
A RESOLUTION ADOPTING THE FEDERAL SAFER ROADS
DEMONSTRATION PROJECT
Res. Approving EIR
for Housing & Community
Development Act
The City Council adopted a resolution approving the application for
federal grant pursuant to the Housing and Community Development Act
of 1974.
J
RESOLUTION NO. 141-75
A RESOLUTION APPROVING THE APPLICATION FOR
FEDERAL GRANT PURSUANT TO THE HOUSING AND
COMMUNITY DEVELOPMENT ACT OF 1974 AND DETER-
MINING THAT SUCH WILL HAVE NO SIGNIFICANT
EFFECT ON THE ENVIRONMENT.
Res. Accepting Grants
for Park Sites & Streets
re Tract 3407
It is recommended that the Council adopt a resolution accepting
grants for park sites and streets concerning Tract 3407 which is
a procedure recommended by the Assessor's Office for technical
clarification purposes.
RESOLUTION NO. 142-75
A RESOLUTION ACCEPTING GRANT OF LOTS A, B,
C, AND D AND OPEN SPACE PARCELS A, B, C,
AND D, AS INDICATED ON THE FINAL MAP OF
TRACT 3407, LIVERMORE, CALIFORNIA.
Airport Advisory
Committee Minutes
Minutes for the Airport Advisory Committee meeting of June 2,
1975, were noted for filing.
Planning Director's Report re
Pending Major Projects
The Director of Planning submitted a listing and status report
of pending major projects for informational purposes.
Progress Report -
Water Rec. Plant
A monthly progress report for the month of May was submitted by
the Director of Public Works for the Water Reclamation Plant,
Stage 3 Improvements.
Report re Growth Rate
& Fundable Flow
.--.J
The Director of Public Works prepared a report with the calcula-
tion of fundable capacities in the Water Reclamation Plant and
the Valley growth rate projections through 1986.
em Miller commented that the entire calculation assumes that the
City accepts the 1.6% per year population growth for the Valley.
CM-30-l70
July 8, 1975
(Report re Growth Rate
& Fundable Flow)
It was explained that the report is informational and Mr. Lee
explained the method by which the growth rate was calculated.
Payroll & Claims
~
There were 64 claims in the amount of $39,371.58, dated June 26,
1975, and approved by the City Manager.
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM MILLER, SECONDED BY CW TIRSELL AND BY UNANIMOUS
VOTE THE CONSENT CALENDAR WAS APPROVED.
MATTERS INITIATED
BY THE STAFF
(City Attorney's Secretary)
The City Attorney stated that his secretary will be taking the first
two weeks of August for vacation and he would like the Council to give
approval to hire a part-time secretary as early this month as possible
so that this person will be somewhat familiar with the office work
before his secretary leaves.
The Council expressed approval for allowing someone to begin on
a part-time basis beginning July 14th, and to work full-time the
first two weeks of August.
(Salary Resolution)
Mr. Parness apologized to the Council for not having the salary
resolution in their agenda packet prior to the meeting and the
Council indicated that they would prefer to review the resolution
and adopt it at a later date.
'" faMj&.J
e1< f;PQif>-
-t/}~
Cm Miller commented that QQr1~ the past the Council has received
a list of Planning Commission action that would be final unless
there was an appeal by the Council. The Council has not received
this list regularly during the last month and there was one action
taken by the Planning Commission 3-4 weeks ago that the Council
did not know about until too late to appeal it. He commented that
this list is very helpful and would appreciate it if the Planning
Director would continue to distribute such a list regularly.
MATTERS INITIATED
BY THE COUNCIL
(P. C. Action Summary)
(RS/CN Ordinance)
Cm Miller noted that the Council should again discuss the RS/CN
Ordinance and it was concluded that everyone would be present
during the meeting of July 21, 1975, and the ordinance will be
discussed at this time.
(Community Affairs
Committee Parade)
Cw Tirsell felt the Community Affairs Committee should be thankedj?j~tt;L'
for the 4th of July parade and celebration and would also like to (
commend the Bicentennial Committee and Jaycees for their participation.
CM-30-l7l
July 8, 1975
(Early Meeting - July 21)
Cw Tirsell stated that she will not be able to attend the meeting
scheduled for July 19th and asked that the meeting of July 21st
begin early rather than to meet on July 19th.
The Council agreed to meet at 5:00 p.m. on Monday, July 21st.
(Legislative Bills)
,~
Cw Tirsell stated that there are land use bills in the House and
Senate and the City should receive copies of these bills (SB 984
Jackson and HR 3510 Udahl) .
Cw Tirsell added that land use and growth is a nationwide concern
and that the state and federal government will be looking at these
controversial items and feels the City should be informed as to
the content. The staff will obtain copies.
(Lobby re Sewer Grant)
Mayor Futch stated that he intends to make a trip to Sacramento
and that the major topic will be the grants for sewer expansion.
He stated that he intends to present the City's point of view with
respect to mitigating measures and asked if anyone from the Council
would like to join him.
Cm Miller and Staley expressed interest in attending the lobby
session but there was a conflict of days and schedules. The majority
of the Council concluded that they could do so on Tuesday, July 15th,
and make the trip to Sacramento.
(Corps of Engineers)
Mayor Futch noted that the Corps of Engineers will be having a
meeting at Rincon Avenue School on July 9th at 7:00 p.m. and
wondered if someone from the Council will be in attencdance.
Cw Tirsell commented that she intends to be at the meeting
and the Mayor will try to attend.
(Bill re Mailboxes)
Mayor Futch stated that it is his understanding there is a bill
in the House of Representatives that would make the curbside
mailboxes illegal. He stated that he does not remember the
number of the bill but would like to ask the City Manager to
find out the number and prepare a resolution endorsing such
legislation and the staff was so directed.
COMMUNICATION FROM
CARROLL E. B. PEEKE
RE LIQUOR LICENSE APP.
A letter protesting the grant of a liquor license applica-
tion to open a liquor store at 4068 East Avenue (Louis Shopping
Center) was received from Carroll E. B. Peeke.
-~
-.,/
Mr. peeke was in attendance at the Council meeting and stated
that he strongly objects to the selling of liquor in the neighbor-
hood shopping center and at present there are five merchants selling
liquor at this location. This number should be sufficient.
CM-30-l72
July 8, 1975
(Communication re Liquor
License Application)
Colonel peeke stated that if gasoline stations can be prohibited or
the number controlled, he knows of no reason why liquor stores can't
also be controlled.
"---
Mr. Musso explained that the number of uses in a neighborhood shopping
center cannot be controlled with the exception of a gas station.
The only requirement for allowing a bar is that it be in conjunction
with a restaurant and this definition was discussed a year ago.
Mr. Musso mentioned that he has received complaints about the restaur-
ant being in violation of regulations.
During the discussion it was noted that the restaurant/bar apparently
is in violation of either the federal law or the City ordinances and
Cm Miller felt this should be pursued.
CM MILLER MOVED TO DIRECT THE STAFF TO PURSUE WHATEVER IS NECESSARY
TO MAKE SURE THEIR AGREEMENT WITH THE CITY IS BEING UPHELD OR
THEIR LIQUOR PERMIT WILL BE REVOKED. MOTION WAS NOT SECONDED.
Mayor Futch explained that there is no ordinance to prevent the
City from allowing an additional liquor store in the shopping
center.
Harry West, 1126 Tulane Court, stated that one of the reasons he
objects to an additional liquor store in the shopping center is
because this takes up space in which a different type of business
could locate.
Cw Tirsell stated that she would agree a lot of liquor can be sold
from five stores in a neighborhood shopping center but is sure those
who spoke would agree that they would not want the City to be in
the position of regulating free enterprise. She added that if a ,~
busine~~f~~~s it is because people do not shop at that particular ~~
store.~~cause of the problem of the Louis Shopping Center being ,~~
so close to the Lucky Shopping Center on Pacific Avenue, there will ~~1
probably continue to suffer bad uses in these shopping centers,BeBa~Be\
dthere is not the market to keep both shopping centers viable. She
stated that the City is in the middle, just as the nearby residents
are, and that they should rightfully approach the owner of the property
with their objections to an additional liquor store.
Cm Miller stated that he sees no reason, in principle, with limiting
liquor stores to the number of one per shopping center and would be
willing to consider the possibility of revising the ordinance to
limit liquor stores to one per shopping center.
Cw Tirsell commented that Granada Village is probably the largest
residential neighborhood in Livermore and four businesses work
compatibly in selling liquor without the problem such as apparently
exists with the Louis Shopping Center.
Cm Staley stated that as an attorney he can't imagine allowing his
client to sign a lease in a neighborhood shopping center that
did not have a protective clause to keep a competing business
out of the immediate area and secondly before a particular use
can be regulated there must be a compelling community interest
in that regulation.
-'''-,
Cm Miller stated that in his op~n~on there really is a qualitative
difference between a liquor store and a bakery or shoe shine store
and would be willing to try to regulate this type of use.
CM-30-l73
July 8, 1975
(Communication re Liquor
License Application)
Cm Staley stated that he feels this is exactly the type of thing
that should be discussed when the CN Ordinance is on the agenda.
Mayor Futch stated that perhaps further discussion concerning this
item should be postponed and discussed at the time the CN Zoning
Ordinance is reviewed.
.,~
Cm Miller stated that such a discussion might not help the people
near the Louis Shopping Center if the space has already been
leased and another liquor license issued.
Cm Staley stated that since the City does not presently have an
ordinance prohibiting another liquor store in that shopping center,
it might be very difficult to defend an ordinance adopted for the
purpose of prohibiting this particular application.
Mr. Musso stated that if the Council is considering limiting a
liquor store to one per shopping center it might be a good idea
to direct the Planning Commission to reconsider this particular
aspect and make a recommendation, and the staff was so directed.
COMMUNICATION RE RESIG-
NATION FROM BEAUTIFICATION COMM.
A communication was received from Brenda J. Souza informing the
Council of her resignation from the Beautification Committee which
was noted for filing.
Cm Miller asked that the City send a letter to Brenda thanking
her for serving on this committee.
COMMUNICATION RE APPT.
TO LIBRARY BOARD
A letter was received from Christine A. Sherman asking that she
be considered for the appointment to the Library Board and her
name was added to the list.
COM~UNICATION RE OFFICIAL
BICENTENNIAL COM~UNITY
The American Revolution Bicentennial Administration has advised the
City of its designation as an official Bicentennial community.
The letter was noted for filing.
COMMUNICATION RE
CURBSIDE MAIL DELIVERY
The Council received copies of letters sent to Howard Gardner,
Executive Secretary of the Alameda Mayors' Confrerence, from
Congressman Stark and Windol Martin of the United States Postal
Service, in response to letters sent to them in support of Liver-
more's position on curbside delivery of mail.
~
1
The staff was asked to send letters of thanks to the mayors who
supported Livermore's position and sent letters in our behalf.
.--/
CM-30-l74
July 8, 1975
REPORT RE SEWER
CONNECTION AGREEMENT
u
The City Manager reported that there have been inquiries as to the
availability of sewer connection agreements for unincorporated
properties. In view of the recently adopted resolution specifying
the application of the remaining balance of sewage capacity it would
seem in order for the Council to make some type of pOlicy statement.
Martha Haapanen, 2620 Collier Canyon Road, stated that in the spring
she got a permit to extend the sewer line to her property line but
not all the way to the house and now she would like the line to be
extended to the house if the Council would agree to this. She is
not located within the City limits. She stated that if she is
allowed the extension she would also like the requirements for
public works improvements waived because of the location of the
house (rural location).
Mr. Parness explained that apparently Mrs. Haapanen is asking to
have a line extended to her house from the line that services the
Junior College.
Cm Miller asked where Ms. Haapanen obtained the permit and she
stated that she received the permit from the City Public Works
Department.
Mr. Lee explained that a permit has not been issued to connect to
the sewer line but Ms. Haapanen does have a copy of the standard
agreement for connections outside of the City limits. At the time
the line was being installed for the Junior College she requested
that the City extend a lateral to her property line for ultimate
connection to the line and the City did give permission for this
but it is Mr. Lee's understanding that this was not completed.
Cm Staley commented that at this time the Council does not have a
very clear explanation of the situation and it might be more help-
ful to the Council if some type of formal application is made.
Mr. Musso stated that the reason the staff has asked the Council to
state a policy is because the staff wonders if they should prepare
an agreement to bring before the Council if the Council is not going
to grant a sewer connection.
Mayor Futch explained that Cm Staley was not on the Council two
years ago at which time there was an agreement reached for providing
water and sewage lines for the Junior College site. The City had
intended to form a benefit district rather than an assessment
district so that funds would not be collected from the property
owners at that time. The City did not want to be in the position
of having to allow development prior to the time development would
be appropriate in that unincorporated area. In order to prevent
premature development the City paid approximately half of the cost
to provide the extensions to the Junior College.
Cm Miller commented that the City
and all of it has been committed.
should be done with the remaining
outside of the City would be very
has a shortage of sewage capacity
We have a resolution about what
capacity and obviously connections
low on our priority list.
Cw Tirsell explained that the City has approximately 40,000 gallons
of capacity remaining and the City is trying to reserve this for
\~ commerce and industry. We are committed to a large number of resi-
dential connections and the City does not wish to allow further con-
nections for residential units that are not annexed to the City.
Mr. Parness stated that upon applications such as this, henceforth,
the staff will repeat the Council policy - sewer connections are
CM-30-l75
July 8, 1975
(Report re Sewer
Connection Agreement)
not being favorably entertained unless it is for a commercial or
industrial or low income housing use, subject to review by the
Council.
The City Attorney explained that the resolution does not specify
whether a connection is requested within the City or outside of the
City, and therefore the resolution is all encompassing. The present
resolution is appropriate and adequate.
J
REPORT RE TRACT 2619
- KISSELL COMPANY
Mr. Parness reported that Kissell Company has written to the City
asking that a definite statement be made to the effect that permits
will be issued for the 32 lots remaining in the Kissell Tract No.
2619. They indicate that it is apparent from the language of the
memorandum of Understanding, there may be restrictions which might
stand in the way of issuance of the permits.
Cm Miller stated that he feels the Memorandum of Understanding
is very clear, it is a legal agreement, and that further expla-
nation is unnecessary.
Bill Schwarer, President of the Great American Land and Development
Company, explained that Great American Land is the purchaser of
the Kissell property and in reading the Memorandum of Agreement
it indicates that if the permits were available for the 32 lots
at the time of application they would be seriously considered.
He stated that they would like to make a positive program, get
the lots developed and get people living in these houses. He
added that they have also entered into an escrow agreement to
purchase the Arbor Development lots out on Murdell Lane and
they would like to get these developed. They are specifically
interested in the time limits for development of these two areas.
Mr. Parness explained that the City has agreed to issue 104 per-
mits to Kissell to be taken out in two equal installments at
the least, annually. The remaining 32 lots are held in a state
of abeyance - the Council did not say that they would not be
issued and did say that the Council would be favorably inclined
towards issuing permits for the lots. The improvements have
been installed but permits were never issued for the 32 lots.
Prior to purchase of the property, Great American would like
to have some indication as to a time limit, if this is the case.
He added that his interpretation of the agreement is that the
developer would have to ask the permission of the Council for
the additional 32 permits.
Cm Miller explained that the reason the 32 lots were not included
was because they were part of the General Plan moratorium for
that area.
Mr. Parness noted that these 32 lots were counted in the number of
commitments for sewer connections.
Cm Miller stated that there is still a limitation on the permits
for the 32 units based on the water situation, before Project II
goes into effect. This limitation still exists.
Cm Miller added that there is a Memorandum of Agreement with the
Kissell Company and describes our policy exactly. We cannot unilater-
ally change this agreement and in his opinion we shouldn't - the
situation is very clearly laid out. If there are no other legal
impediments the City will issue the permits for the 32 lots.
-J
CM-30-176
July 8, 1975
(Report re Tract No. 2619
- Kissell Company)
Cm Staley stated that his understanding of the developer's question
is as follows: When the 104 permits expire in approximately two
years, does the right for the 32 permits expire at this time also,
is the expiration time prior to the deadline for the 104 permits,
or is there an expiration time?
'",--
Mr. Schwarer noted that this is what his company would like to know.
He added that his company does not want to begin construction and
then find out that the 32 permits cannot be obtained because the
City had a chance to issue them for industrial purposes.
Cm Staley suggested that the staff meet with the developer and
determine if it would be necessary to modify the agreement and
then report back to the Council prior to the Council's making
a decision.
The City Attorney stated that he would like to mention something
so that the record would remain clear on this issue since the
Council is relating this to sewer connections and sewer connection
commitments. The City is still considering the possibility of
imposing some type of time limitation on existing lots of record
and the time period in which those lots can apply for and acquire
or obtain whatever is remaining in the existing sewer capacity.
The developer should be aware of the fact that this is still a
consideration although tthere isn't a clear indication, as yet.
In the very near future there may be a time limitation on which
lots of record will be allowed to apply; however, he feels that
the time limitiation would probably not be less than two years.
Everyone will be notified if the City decides to do this and there
will be public hearings also.
The City Attorney added that with respect to the lots of record,
the City clearly is committed to allowing permits but we also have
the right to place a limitation upon the time allowed for taking
out permits.
This item was postponed pending a report from the staff.
REPORT RE TENTATIVE
MAPS 3641 & 3642
Don Bissell of Bissell & Karn, asked that the Council postpone
discussion of Tentative Maps 3641 and 3642 for two weeks.
The City Attorney stated that for the record he would like to
point out that by the request for a continuance, Bissell & Karn
is waiving any time limitations otherwise committed to the Council
in terms of acting on a Planning Commission recommendation and
Mr. Bissell replied that they are aware of this fact.
CM TIRSELL MOVED FOR A CONTINUANCE OF TWO WEEKS, SECONDED BY
CM MILLER AND PASSED BY UNANIMOUS VOTE.
RECESS
Mayor Futch called for a brief recess after which the Council
meeting resumed with all members of the Council present, (Cm Turner
"-- on vacation.)
CH-30-l77
July 8, 1975
CUP APPLICATION -
GOOD SAMARITAN HOME AND
7-11 STORE ON PORTOLA AVENUE
Mr. Musso reported that the Good Samaritan Home has applied for
a CUP to allow a health facility similar to a rest home, which is
a change from the present quasi-public use, located on portola
Avenue. The Planning Commission recommends approval of the use
in conformance with all the ordinance requirements.
~'
Good Samaritan is asking for a variance from seven occupants to
an average of ten and this will be before the Planning Commission.
Originally the Planning Commission approved the quasi-public use
with all of the City staff recommended conditions relative to
public works improvements but asked that the City Engineer allow
an extension for installing the improvements such as two years
or at such time as 50% of the block were improved. The request
was never made to Mr. Lee and the improvements were not installed.
The Planning Commission recommends that the Council now allow
an extension in the installation of the public works improvements,
without requiring a bond.
There are two issues at hand: 1) allowing the use, and 2) allow-
ing an extension of time for the installation of the public works.
Cm Miller stated that he would like to know what the public works
improvements were to be, specifically, and it isn't clear to him
what it was the City was to have required.
Mr. Lee explained that the public works improvements required by
the City are the curbs, gutters, sidewalks, and widening of the
street surface, as well as any other facilities that might not
be present, such a sanitary sewer connections and water line ex-
tensions and street trees.
There was discussion concerning the public works improvements
and whether or not to allow a delay and Mr. Lee felt it would
be reasonable to allow a delay of two years with a bond, with
which Cm Miller concurred.
Mr. Lee mentioned that portola Avenue is one of the entrances to
the City and one of the problem areas and that he would like to see
public works improvements in this area.
CM MILLER MOVED TO a) APPROVE THE CUP, SUBJECT TO ALL RECO~IENDA-
TIONS AS LISTED BY THE PLANNING COMMISSION, AND b) THAT THE CUP
BE SUBJECT TO PROVISION FOR INSTALLATION OF THE PUBLIC WORKS WITH-
IN TWO YEARS, WITH A BOND TO INSURE THAT THEY ARE INSTALLED WITHIN
TWO YEARS. MOTION WAS SECONDED BY CM STALEY.
Cw Tirsell felt the two years extension is not reasonable because
this is in the vicinity of county property and it is very likely
that no development will occur in the near future.
(7-11 Store)
It was mentioned that a 7-11 Store has been approved on county
property in this area, and the Council expressed extreme dismay
upon learning of this approval.
..~
J
Mayor Futch stated that he is very upset about the fact that the
City has tried very diligently to discourage and not allow com-
mercial devlopment in this area because it is one of the entrances
to the City.
CM-30-l78
July 8, 1975
(7-11 Store - Portola Ave.)
Cw Tirsell stated that she cannot understand how the county can
allow use of a septic tank without notifying the City and par-
ticularly since this is within the City's Sphere of Influence.
"-
The Council asked the City Attorney what can be done about
the situation, at this point and the City Attorney replied that
he hasn't seen anything concerning approval of the 7-11 Store
and would suggest that if the Council is considering litigation
it should be discussed in an executive session.
Mayor Futch stated that the Council will meet in an executive
session immediately after the meeting to discuss this item.
HOTION PASSED BY UNAND10US VOTE.
The City Attorney stated that he would like the resolution to
indicate what the Council has approved the Conditional Use Permit
for the Good Samaritan Home and Cm Miller advised him of the
wording he would like inserted.
ON MOTION OF CM MILLER, SECONDED BY CM STALEY AND BY UNANIMOUS
VOTE THE FOLLOWING RESOLUTION WAS ADOPTED.
RESOLUTION NO. 144-75
A RESOLUTION APPROVING CONDITIONAL USE PERMIT
(Good Samaritan Home, Inc.)
P.H. SET FOR PROPOSED
ZONING ORD. AMENDMENTS
ON MOTION OF CM TIRSELL, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE, A PUBLIC HEARING WAS SCHEDULED FOR PROPOSED ZONING ORDINANCE
AMENDMENTS RE TEMPORARY SIGNS, PUD PE&~ITS, ETC., FOR AUGUST 4, 1975.
P.C. MINUTES - June 17
The Planning Commission minutes for the meeting of June 17th were
noted for filing.
REPORT RE ILLEGAL
SIGN - CITY SUBLESSEE
The Planning Director reported that the City staff has informed
Rojan Electronics, a sublessee on City owned airport property,
that their sign does not conform to the Sign Ordinance. As of
this date no action has been taken to conform or modify the sign
to make it conform to the ordinance.
CM STALEY MOVED TO REFER THIS MATTER TO THE CITY ATTORNEY FOR
APPROPRIATE ACTION, SECONDED BY CW TIRSELL AND PASSED UNANIMOUSLY.
REPORT RE FIRST STREET
OVERPASS PROJECT
The City Manager reported that in order for negotiations to begin
with CALTRANS and the two railroad firms concerning the proposed
First Street overpass project, it is necessary to prepare certain
preliminary engineering materials and property descriptions. At
the City's request, DeLeuw Cather and Company has submitted a
Ct1-30-l79
July 8, 1975
(Report re First Street
Overpass Project)
proposal for this work at an estimated maximum fee of $5,500.
Eighty percent of this amount can be recovered when the project
proceeds. It is anticipated that the final and detailed engi~-
neering, including construction plans and specifications, will be
done by CALTRANS as their contribution to the project and it is
recommended that the Council adopt a resolution authorizing execu-
tion of an agreement.
\
J
~
CW TIRSELL MOVED TO ADOPT A RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH DE LEUW CATHER AND COMPANY, INCLUDING THE RECOM-
MENDATION OF THE PUBLIC WORKS DIRECTOR FOR ADDITIONAL SERVICES
UNDER NO.6 OF THE "TASKS". MOTION WAS SECONDED BY CM STALEY.
The additional services suggested by Mr. Lee are as follows:
". . . and between Maple Street and North Livermore
Avenue. Prepare descriptions and deeds for all neces-
sary right-of-way acquisitions for the First Street
relocation."
Mr. Parness explained that the staff will come before the
Council at a later time with a request for approval of
appraisals on the property mentioned above.
Cm Miller stated that he intends to vote "no" on this motion
because he is extremely dissatisfied with DeLeuw Cather and
the problems the City has had with them over descriptions of
property for other parts of this project.
Cw Tirsell commented that at first she had the same feelings
about DeLeuw Cather but many of the things are substantially
done by virtue of the fact that they have done the work for
another project. If the City goes to another consultant, at
this point, they would have to redo the work and the cost would
be prohibitive. For this reason, alone, she will vote for the
motion and would hope that their work would be entirely accurate,
because she also shares the concern about their accuracy.
Cm Staley asked if this is the type of work that could possibly
be done by the City staff and Mr. Lee replied that it is possible
but the work is rather specialized and DeLeuw Cather is located
in San Francisco near the Southern Pacific offices and they are
familiar with the land grants and records of S.P. For this rea-
son he feels DeLeuw Cather would be better equipped to handle
this service.
Mr. Parness noted that despite some of the problems we have
had with DeLeuw Cather over property description errors, there
is a reasonable argument to be said in their behalf. This firm
has an outstanding reputation in utility engineering and if it
were not for DeLeuw Cather and Company, Livermore would not be
undergoing this project. He stated that in his view they have
done an outstanding job and have been with Livermore all the way.
MOTION PASSED 3-1 (Cm Miller dissenting) .
RESOLUTION NO. 143-75
f)
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
(De Leuw, Cather & Company)
CH-30-l80
July 8, 1975
REPORT RE Ar-1ENDMENT
TO ZONE 7 TREATED
WATER CONTRACT
"-
The Director of Public Works requested that the Council consider the
possibility of amending the Zone 7 Treated Water Supply Contract
to allow annual water rate adjustments rather than five year water
rate adjustments.
Cm Miller stated that he would like to suggest that the Council
reject this request for an amendment because, in his opinion,
this is a "gimmick" by which Zone 7 will raise our water rates
to pay for Project II, contrary to their promise not to raise
rates for the project prior to passage of the bond issue for the
project. If Zone 7 needs money for this project, they need to
raise their water connection fee to pay for the project.
Cm Staley stated that he was not a Councilmember during the time
Project II was discussed with Zone 7 but he feels such an amendment
could not possibly be of any advantage to Livermore.
CM STALEY MOVED TO DENY THE REQUEST FOR AN AMENDMENT TO THE CONTRACT,
SECONDED BY CM MILLER AND PASSED BY UNANIMOUS VOTE.
REPORT RE FRANCHISE
FEE - CITY WATER DEPT.
At the recent budget session the Council discussed whether or not
the franchise fee for the City water system should be increased
from 1% to 5%. An estimated $8,000 would be accumulated from
this source.
After brief discussion the Council concluded that this item should
be acted upon at the time a full Council is present.
CW TIRSELL MOVED TO CONTINUE THIS ITEM UNTIL JULY 21, 1975, SECONDED
BY CM MILLER AND PASSED UNANIMOUSLY.
URGENCY ORD. RE SEWER
SERVICE CHARGE
The matter of establishing a new sewer service charge for the new
fiscal year was discussed by the Council at the preliminary budget
session and it was concluded that an urgency ordinance would be
adopted revising the fee from $2.30 per single family unit per month
to $4.80 per single family unit.
ON MOTION OF CM MILLER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE,
THE ORDINANCE WAS READ AND ADOPTED.
ORDINANCE NO. 866
AN ORDINANCE N1ENDING SECTION 18.80,
RELATING TO RATE, OF ARTICLE III, RE-
LATING TO SEWER SERVICE AND USE CHARGE,
OF CHAPTER 18, RELATING TO SEWERS, OF
THE LIVERMORE CITY CODE, 1959.
CM-30-l8l
July 8, 1975
DISCUSSION RE FEDERAL
REPAYMENT - SEWAGE
TREATMENT PLANT
Mr. Parness explained that the EPA a new regulation requir-
ing that grants for sewage treatment plants require industrial
users to be assessed a service charge for sewage discharge and that \
50% of this amount is to be returned to the US Treasury. The .~
remaining 40% is to be used for expansion of the treatment plant
and 10% at the discretion of the local agency.
Cm Staley asked how this could be imposed upon the City if it
wasn't a condition of the grant and indicated that he would
assume EPA is subject to rules and regulations. Even though
they do have some power he feels this power would be conditioned
on some grant we receive in the future or something of this nature.
The EPA can't come up with any regulation and then say that the
City must comply.
Mr. Parness commented that he really isn't sure about the timing
involved but it is entirely possible that the regulation occurred
after the grant was received by the City.
Cm Miller summarized the issue as he recalls it - EPA required the
City to impose sewer service charges rather than collecting this
on the tax rate. At the same time he believes there was some
discussion of requiring an industrial portion to be repaid to the
federal government and this was done prior to the City's receiving
the final grant. He stated that he could be wrong but the City
perhaps should check into the matter.
Cw Tirsell stated that she was not on the Council during the time
the grant was received but was on the Council at the time repayment
was discussed, so the regulation must have been effective after
receipt of the grant.
Mayor Futch pointed out that the point is really academic because
this is a requirement of the grant and making inquiries will only
make it more difficult to obtain future grants.
Cm Staley stated that he feels very strongly about this matter in
that if the City accepted repayment as the condition of the grant
then by all means it should be done; however, if the City accepted
a grant and later somebody came along and changed the rules he will
not go along with this.
~1r. Lee explained that the grant agreement requirements are quite
broad, as he recalls. The agreement indicates that the City will
have to meet the regulations, as adopted by EPA or the state. The
latest regulations were adopted in February of 1974 and part of
those regulations was the industrial cost recovery. We are obliga-
ted to repay a portion of the industrial charges.
Mayor Futch asked if the City agreed to future EPA regulations
in the agreement and Mr. Lee replied that this is correct.
The City Attorney commented that he would like to advise that
the Council does have the option, as a public body, to refuse
to comply with the regulation; however the Council must likewise
take the consequence if they decide to exercise this option. The
EPA cannot order the City to do this but to refuse means that we
will not get the grant.
\.
)
-.-/
ON MOTION OF CM STALEY, SECONDED BY CM TIRSELL AND BY UNANIMOUS
VOTE THIS ITEM WAS CONTINUED FOR TWO WEEKS.
CM-30-l82
July 8, 1975
MUNI. CODE AMEND.
RE HOTEL TRANSIENT
TAX INCREASE
Cm Miller stated that Cm Turner asked that the item concerning
the Municipal Code amendment relative to hotel transient tax
increase be postponed until he can be present.
~
ON MOTION OF CM MILLER, SECONDED BY CM TIRSELL AND BY UNANIMOUS
VOTE THIS ITEM WAS CONTINUED UNTIL JULY 21st.
Marcel Chaparteguy, manager of the El Dorado Motel, stated his
opposition to the proposed raise to double the present fee and
indicated his concern that business will be greatly affected.
SELECTION OF SISTER
CITY REPRESENTATIVE
Mayor Futch announced that Cm Staley has been selected as the Sister
City representative and will be among the delegates to visit Quezal-
tenango this year.
WEEKLY STATUS REPORT
- CITY MANAGER
Railroad Project
Continuous inquiries are being made of the City Manager as to the
progress of the railroad relocation project because he agrees that
it does not always appear that progress is being made.
The shoeflys are complete and this is a very important part because
it means that trains can be relocated and the excavation can be
reactivated so that the northerly side of the bridge structures
can be completed.
Some time has been lost but there is hope that this lost time can
be recovered so that the December 1st deadline will be met.
The Council indicated it isn't apparent that work is being done and
Mr. Parness invited them to tour the project which they willingly
agreed to do.
Sewer Line Inspections
Approximately 30,000 ft. of sewer line has been inspected by T.V.
and the staff indicates that this method of inspection has proven
to be extremely valuable.
It was felt that one line which was installed 70 years ago should
be replaced but inspection by T.V. camera disclosed that the line
was in remarkably good condition and needing only some repair at
a cost of several hundred dollars rather than several thousands
of dollars for reconstruction of the line.
Medians
The irrigation system has been installed for the North Livermore
Avenue medians, the materials for planting are felt to be satis-
factory and everything seems to be in order.
CM-30-l83
July 8, 1975
Golf Course
The staff has been working with horticulturist technicians from
U.C. Davis who have been giving us good technical advice about
the golf course ground conditions and irrigation waters, without
charge. Reconstruction of one of the greens will begin soon and
one of the professors from Davis will be on-site and will assist
in the reconstruction specifications. We have found the proper
kind of sand for this type of work and unfortunately it will be
a long slow process in getting the remainder of the greens recon-
structed. '
\
\
\'J
Airport Property
The City has recently harvested 4,000 bales of hay from the air-
port property which is being sold at $2 to $3 a bale.
General Plan
The Noise Element of the General Plan
been referred to the Noise Committee.
process at this time and the Planning
will be receiving a recommended draft
the near future.
has been completed and has
The second draft is in
Commission and Council
of the Noise Element in
The Scenic Highway Element is being prepared and will also be
referred to the Planning Commission soon.
Fire
There was a 20- acre grass fire over the weekend near Waverly Way
and although it was outside the City our Fire Chief took due
precautions and initiated the Mutual Aid Program with 15 fire
units responding to the fire. Apparently the fire was handled
very well.
Cm Miller stated that he would like to express the gratitude of
his family and those of his neighbors on Waverley Way for the
efforts not only of the Livermore Fire Department but all of
the fire departments who responded to that fire and the competent
way in which it was handled. The fire could have been very serious.
ADJOURNMENT
Mayor Futch adjourned the meeting at 10:30 p.m. to an executive
session to discuss possible litigation.
ATTEST
:l
~Y-;i
Ik4 /~
Hayor
. ~
. /)k-eL
j City Clerk
, Livermore, California
APPROVE
J
CM-30-l84
Regular Meeting of July 14, 1975
A regular meeting of the City Council of the City of Livermore
was held on July 14, 1975, in the Municipal Court Chambers, 39
South Livermore Avenue. The meeting was called to order at 8:07
p . m. wi th !1ayor pro tempore Mi ller pres iding .
ROLL CALL
~)
Present: Cm Miller, Staley and Cw Tirsell
Absent:
Cm Turner and Mayor Futch (vacation).
PLEDGE OF ALLEGIANCE
Mayor pro tempore Miller led the Councilmembers and those present
in the audience, in the Pledge of Allegiance.
P.H. RE REZONING TO
OS-UR DISTRICT -
Z.O. AMENDMENT
Mr. Musso explained that the creation of the OS-UR District and
the zoning of the property presently undeveloped was proposed by
the City's consultants, Grunwald-Crawford Associates. Their concept
was to place all land presently undeveloped into the OS-UR Zone
(Open Space-Urban Reserve). The OS-UR Zone is written in such a
way that it is basically agricultural but where any use can be
requested and allowed by a Planned Unit Development permit. In
addition to being a method of land use control the OS-UR District
would provide instant zoning conformance to the General Plan. At
this point the General Plan is approximately 98% in conformance
and this would add a few other areas presently not in conformance
with the General Plan.
The P.C. considered the entire City and the properties on the map
are those concluded to be zoned OS-UR. Some of the downtown
properties were eliminated from consideration as OS-UR areas.
Mr. Musso also explained the reasons for the staff recommendations
for the four categories and the locations the categories apply to.
With respect to the new proposed zoning (OS-UR), Mr. Musso explained
that if all the agricultural properties were zoned to OS-UR this would
not result in a loss of zoning rights. For example, many properties
are limited only to agricultural use but with the new zoning the
owners can come in for a PUD permit for any type of use they wish.
From the property owner's viewpoint this should be advantageous
because he does not have to go through the rezoning process for a
different use to be allowed.
Mr. Musso commented that the City did get some reaction from property
on East Avenue (National Housing) where the General Plan indicates
8 d.u./acre and they have zoning for 10 d.u./acre. The effect of
action in this area would be a slight reduction in density but not
a change in land use, as it would still remain high density residential,
and rather than having to go through a PUD permit procedure they will
need only to get a building permit.
'~
Cw Tirse1l commented that at the time of the PUD permit procedure
she was not on the Councilor the P.C. and would like some informa-
tion as to the types of standards for development and what types of
guidelines were used for those PUD permits?
Mr. Musso explained that the PUD permits were used as a commitment
by the City for a development beyond the normal one or two years
for a tentative subdivision map. In nearly every instance the City
used the basic zoning as the standard for the guidelines.
CM-30-l85
July 14, 1975
(P.H. re OS-UR Dist.)
Mr. Musso noted that the City did gain some open space from time to
time in granting the PUD permits and achieved some variety in housing,
but not much - the housing is rather conventional.
Originally a PUD permit was for about 10 years but then the City
tried to tie them to approval of the subdivision map to eliminate
the problem of having a permit expire with a valid map, or when
the map expired having a valid permit. This approach did not seem
to be successful either.
i'J
Cm Tirsell wondered if there are parcels where there is density
in conflict with the General Plan and where the General Plan would
be jeopardized by using the PUD procedure.
Mr. Musso stated that there are a few small parcels and one large
parcel where the OS-UR District would be in conflict because of
the PUD permit, which he illustrated on the map.
Prior to opening the public hearing, Mayor pro tempore Miller stated
that a letter supporting the recommendations of the Planning Commis-
sion was received from Johnny Reikert as well as a letter from Cm.
Dahlbacka expanding upon his objections to the rezonings to OS-UR.
Mayor pro tempore Miller stated that Cm Dahlbacka expresses concern
that there are no real standards for the CUP and about pressure for
changes and that the rezoning might not be appropriate.
MAYOR PRO TEMPORE MILLER OPENED THE PUBLIC HEARING AT THIS TIME.
Albert W. Strang, 5348 University Avenue, San Diego, California,
Secretary of Palomar Financial, owner of 400-500 acres of land
in the Springtown area, commented that his company has historically
been involved, involuntarily, through foreclosures of loans made in
1962 and 1963. They have used valuations in density rights that
existed in 1963 and 1964 and the density has since been reduced
from 4.5 d.u./acre to 3 d.u./acre, and they have been caught in
the moratorium because of sewer and water problems and a moratorium
because of the specific plan for the General Plan. It would appear
that the City intends to impose a further restrictive device and
economic use of this land would not be possible. He noted that
they recently sold property for $20,000 that had been assessed at
a value of $l20,000 two years prior to the sale. This is just one
illustration of what is happening to the economic and zoning climate
of this area. He stated that there is one density transfer in this
area but there appears to be no protection for it and there is no
assurance that development could be made at 3 d.u./acre where it
does exist and he would oppose any effort that would make it more
difficult to utilize and develop the property.
Mr. Strang stated that at some point the question should be asked,
"what would have happened if our forebearers had placed similar
restrictions on land use?". If they had we wouldn't be here.
Carol Jess, 2021 Buckskin Road, representative of the I-580 Group,
indicated that they would like to know what the rezoning would do
to their bike paths and parks as well as the shopping center on
Portola Avenue.
Mr. Musso explained that the parks and bike paths have been budgeted
for this year and would not be affected but there is some conflict
where the shopping center is concerned because there is a request ~
for rezoning from residential to neighborhood commercial to allow
the portola Shopping Center. At this point in time the shopping
center would not be allowed because it is still zoned residential.
CM-30-l86
July 14, 1975
(P.H. re OS-UR Dist.)
Henry Bettencourt, Danville realtor, stated that it is his understand-
ing that under the OS-UR zoning a property owner can apply for any
type of use but asked if this means that it would still have to
comply with the master plan. The Council indicated that this is
correct.
L)
Chester Anderson, 1570 Portola, stated that he would like to review
the maps indicating the location of the OS-UR properties and the
report from the Planning Commission. He stated that he understands
this would be property within the City limits and has nothing to do
with property located in the County and he was advised that this is
true.
Prior to closing the public hearing the Council discussed whether
or not the item should be continued until Cm Turner and Mayor Futch
could be present. It was concluded that this matter would be post-
poned and the date would be determined after some discussion and
further public testimony.
Francis Harper, 5691 Oakmont Circle, representative of the No. I-580
Citizens Group, stated that she feels people can't decide what should
happen in this area unless they have seen the General Plan because
plans must conform with the General Plan. She added that her group
has requested a copy of the General Plan and they were told that there
was not one available.
Mr. Musso explained that he believes Mrs. Harper is speaking about
the task reports and that this is not the General Plan.
Mayor pro tempore explained that the City does have a General Plan;
however, it is under revision. OS-UR would allow development, subject
to approval of the City Council, but it must be in conformance with
the General Plan which exists at the time someone applies for a permit.
It was noted that there are copies of the General Plan available at
the Library but this would be the current General Plan. The revised
General Plan is being written and probably will not be available until
about September.
Mr. Musso stated that for the record he would like to comment that
on this rezoning the Ordinance procedure was followed with notification
made to every property owner who might be affected by the rezoning and
every property owner within 300 ft. of an area that might be affected.
Every property owner within the area being considered was also sent
a copy of the staff report with a map and staff recommendations.
~
Mayor pro tempore Miller noted the parcels that were OS-A and indicated
that in his opinion they should remain OS-A. He added that he is still
concerned about questions raised by Cm Dahlbacka. He has been
involved in PUD permits since the first one was approved and that he
feels none of them have brought anything to the City and that almost
all of them have caused the City to lose standards. When there are
not standards there are arguments and negotiations and things which
should be kept by the City are given away. He stated that he would
argue that the City needs to amend the OS-UR to require that any resi-
dential development permitted must meet at least the minimum standards
of the existing R Zoning, and particularly RS Zoning.
Cm Tirsell stated that she feels it is not realistic to zone something
OS':'"A if i t ~.' s fe). t:7 A,t~~, ij: ;~i ~,}," ~o~e d~r ~pg.Jl. fl:}anizeii ..,...,,~:rI\~) .'~<ilue of
t.~te/OS-UR ~~~filoO'liJ'h$tio~..&<firban/~ ~n ~~1..'c'\:irt1lrar area.
This is an indication of where growth may take place and for this
reason she does favor the OS-UR Zoning, even though she feels uncer-
tain about the standards.
CM-30-l87
July 14, 1975
'i V}
I~J~~c,
{)! ~ Q)/- ~
Mayor ~ro te~pore Miller sta1!~p~t wit~ re~pect to the ?S-A~
there ~s a d~fference betw~n 7 ~rban~zat~on and urban~zat~on
within the next 10-20 years. The lack of sewer, air quality
and other conditions are going to be sufficiently sever so as
to minimize development north of the freeway for at least 10 years,
if at all. If property is zoned OS-A, people can be assessed for
land that is agricultural but if it goes to OS-UR with the implica-
tion that it will ultimately be developed, there will be trouble
in dealing with the assessor. He felt this reasoning should be
considered prior to coming to a conclusion.
(P.H. Re OS-UR Dist.)
!:~
Cw Tirsell pointed out that we are trying to do a plan that will
take care of possible development up until 1995, so this must
be taken into consideration as well.
CW TIRSELL MOVED TO CONTINUE THE PUBLIC HEARING AND DISCUSSION
OF THIS ITEM UNTIL JULY 21, 1975, AT WHICH TIME A FULL COUNCIL
IS ANTICIPATED, SECONDED BY CM STALEY AND PASSED UNANIMOUSLY.
CONSENT CALENDAR
Res. Establishing
Salary Classifications
It is recommended that the City Council adopt a resolution
establishing salary classifications for the classified and
unclassified employees which has been prepared with the City
Council's preliminary budget decisions and approved labor
agreements.
RESOLUTION NO. 145-75
A RESOLUTION OF THE CITY OF LIVERMORE
ESTABLISHING A SALARY SCHEDULE FOR THE
CLASSIFIED AND UNCLASSIFIED EMPLOYEES
OF THE CITY OF LIVERMORE, ESTABLISHING
RULES FOR ITS USE, AND RESCINDING RESOLU-
TION NO. 8-75.
Minutes
Minutes for the Beautification Committee meetings of May 7 and
June 2, 1975, were noted for filing.
Design Review Committee minutes for the meeting of June 24, 1975,
were noted for filing.
Report re Arroyo
Mocho Bike Path Bids
The Director of Public Works reported that Council authorization
is requested to call for bids for bikeway improvements along
portions of the Arroyo Mocho Park/Trailway. The project is to
be partially funded by stat e grants and the monies must be used
soon or forfeited.
Payroll & Claims
There were 74 claims in the amount of $85,943.88 and 321 payroll
warrants in the amount of $103,143.l2, for a total of $189,087.00,
dated July 1, 1975, and approved by the City Manager.
--.../
CM-30-l88
July 14, 1975
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CW TIRSELL, SECONDED BY CM STALEY AND BY UNANIMOUS
VOTE, THE CONSENT CALENDAR WAS APPROVED.
L)
MATTERS INITIATED
BY THE COUNCIL
Cw Tirsell stated that she has heard that the Anderson property
rezoning has been delayed at the County level because Mr. Anderson
is appearing before LAFCO to withdraw the area from Livermore's
Sphere of Influence. It is her understanding that LAFCO has agreed
to a hearing scheduled for the 24th of July.
Cw Tirsell stated that the letter sent to the Board of Supervisors
was excellent and would suggest that the staff direct this letter
to the LAFCO members, properly annotated by the mayor, with individual
copies to all LAFCO members, and again ask the Chamber of Commerce
to submit their letter to the individual members of the LAFCO Board.
She also asked that this date be checked to make sure the 24th is
the correct date.
(COVA)
Cw Tirsell stated that she realizes everyone has been reading about
the difficulties occurring at COVA with the bylaws and joint powers
formerly agreed to and which are presently under revision. She
stated that she would like to ask the Councilmembers if any of them
would have any objection to having any project in Livermore discussed
by the Valley, at any time.
Cm Staley and Miller felt there is no reason there should not be
discussion of any Livermore project and Cm Miller added that if
COVA wishes to discuss a Livermore project they may do so and
Livermore still has the power to do as they wish regardless of what
is said.
Cw Tirsell stated that she felt confident in saying that Livermore
willingly submitted the Airport Master Plan for discussion and that
she and Mayor Futch really learned a lot from the discussion.
(Livermore Gardens)
Cm Staley commented that it is his understanding the Livermore
Gardens Apartments are to be low income housing units and if this
is the case he would question the advertised rents.
Mr. Parness replied that the units were approved under a federal
program that does qualify for low and moderate income housing,
and the amount of rent is beyond the City's purvue.
It was mentioned that the advertised rent is $195 for a two bedroom
unit.
i
~
CM-30-l89
July 14, 1975
(Excessive Speed)
Cw Tirsell stated that she has received complaints about excessive
speed on Olivina from Hagemann to Murrieta. Apparently cars are
traveling at about 50 mph through this area.
Cm Miller stated that he has also received repeated complaints
about speed on "L" Street. Even with the stop sign at College
Avenue, quite a bit of speed can be attained by the time people
get to Fourth Street.
Cm Miller suggested that the Council ask the staff to contact the
Police Department to ask that they concentrate enforcement in these
two areas.
(~
(Gasoline Prices
To Be Made Visible)
Cm Miller stated that he has been asked to see what can be done
about getting gasoline prices posted so that they are visible
from the street.
If it is legal to require that prices be posted, this could be
an agenda item scheduled for discussion by the Council.
(Library Tax)
Cm Miller stated that one of the librarians has indicated that
books are being taken from the Library by people living outside
of the City limits who are not returning the books. He would like
to suggest that people outside of the City pay some type of fee
for the use of the Library.
Cm Miller noted that the City residents pay $15-$20/year in taxes
for library services and it would appear reasonable to require
people from outside the City to pay the equivalent of the property
tax for the use of a library card.
Cw Tirsell stated that she agrees with this suggestion, on one hand,
but philosophically she does not agree because in her opinion anyone
who takes the time to go to the library and check out a book is of
benefit to all of us. She would prefer to see that everyone has
the opportunity to use the Library and would agree to a fee of per-
haps $1 for a library card.
Cm Staley felt it is a municipal responsibility to provide educa-
tional material for its citizens as well as those outside of the
City. If the cost is exorbitant then perhaps something will have
to be done in the way of a fine for not returning the book. He
added that he feels it is more beneficial for the public to pay
for lost books rather than not having them used.
The Council agreed that they would be interested in receiving a
report showing the statistics concerning the number of lost
books during a year.
em Staley commented that he feels a decision concerning this
issue should take place at the Library Board level with recom-
mendations from them to the Council.
-..J
(Murrieta Closed)
Cm Staley stated that since Murrieta will be closed for three days
the City should prepare for handling a maximum amount of traffic
on the remaining through street - ilL" Street.
CM-30-l90
July 14, 1975
(Closing of Murrieta)
Mr. Parness stated that everything is being done to accommodate the
large amount of traffic that will be using "L" Street.
u
Cm Staley added that it has been noted that the speed limit for "L"
Street is being violated and in view of the fact this is one of the
few through streets for Livermore, perhaps the speed limit is too
low, temporarily.
COMMUNICATION RE
BART EXTENSION REPORT
A letter containing comments from Robert Allen on the Final Report
of the Livermore-BART Extension was submitted to the Council for
review.
Cw Tirsell stated that she really disagrees with the suggestion
that the BART line stop at Pleasanton, if it comes to the valley
at all, because the east side of the valley pays more taxes than
the west side and has done so for many years because of our popula-
tion and tax base.
The City Manager was directed to send a letter to the BART Board
expressing the views and objections of the Council.
REPORT RE FIRE STATION
No. 1 SUBCONTRACTOR
The City Manager reported that in the bidding process for selection
of a contractor for Fire Station No.1, it was discovered that one
of the subcontractors was unacceptable - electrical subcontractor
Foxx-Lynn Corporation. Our City Attorney's Office undertook an
investigation of this company and found that the company was on
an unacceptable bidders list by the federal government. The City
Attorney felt the City had grounds to recommend that this firm be
denied participation in the bid and in the contract work. The Council
accepted a staff recommendation to reject the electrical subcontractor
and the prime contractor was notified, as was the Foxx-Lynn Corpora-
tion, and an alternate subcontractor was selected by the prime con-
tractor for this work and the contract has been awarded.
One of the principals of Foxx-Lynn Corporation has appealed to the
staff regarding this decision and has requested the opportunity to
make his appeal before the City Council this evening.
Prior to comments made by Mr. Lynn, Mayor pro tempore Miller reviewed
the five minute speaking rule policy.
Al Lynn, of the Foxx-Lynn corporation, stated that if possible he
would like the Council to review his six page report in an execu-
tive session and still be allowed the opportunity to speak to the
City Council to publicly state his views.
Mayor pro tempore Miller commented that the Council would review
the report if the City Attorney would advise that this is an
executive session matter.
L
The City Attorney explained that this is an executive session
matter only if litigation is threatened in the report and since
he hasn't read the report cannot determine if litigation might be
involved. He indicated that at this point in time he feels it is
not a matter of litigation.
CM-30-l9l
July 14, 1975
(re Fire Station 1
Contract)
Mayor pro tempore Miller explained that legally the Council can
hold an executive session only for the purpose of discussing per-
sonnel matters or litigation; however, the report can be submitted
to the Council on a confidential basis for review and contents of
the report will remain confidential. Mr. Lynn can ask for a con-
tinuance for one week to allow review of the report and then can
address the Council concerning this item.
,\~
Mr. Lynn stated that he would be willing to postpone this item
for one week provided the electrical contract remain as is until
he has the opportunity to address the City Council.
Mayor pro tempore Miller stated that it depends upon how pressing
this matter might be.
Mr. Parness stated that he would have to talk to the prime contrac-
tor, but he has been informed that the electrical subcontract has
been transmitted to the new subcontractor. The contract has not
been executed by the new subcontractor or returned but it has been
issued. If the Council is so inclined, he could be instructed to
notify the prime contractor that the Council wishes to hold the
electrical subcontract in abeyance for a week.
Cm Staley stated that prior to requesting that the new electrical
subcontract be held in abeyance for a week, he would like to know
more about Foxx-Lynn's position.
Mayor pro tempore Miller stated that if Mr. Lynn wishes, the
Council can call a 5 minute recess during which time they can
review the contents of the report and Mr. Lynn indicated that
he would appreciate this because he felt there were a lot of
nice people in the Court Chambers and the report applies to only
a few people.
Mr. Lynn stated that if this is to be his last chance to speak
he would request the opportunity to speak before a full Council
because if he is going to be denied the contract he would like
for each member of the Council to have denied him the opportunity.
RECESS
Mayor pro tempore Miller called for a five minute recess, after
which the Council meeting resumed with all members present, as
during roll call.
Mayor pro temore Miller stated that the City Attorney has reviewed
the report and has advised that it is not a matter to be discussed
during an executive session.
Mr. Lynn stated that he would like to postpone this matter until
a full Council is present.
Cw Tirsell commented that at the time this matter was discussed
and the bid was awarded, reasons were given to the Council as
to why another selection should be made for the electrical con-
tract and that at that time a full Council was present.
Mr. Lynn stated that the reason he wishes to address the full
Council is because Mr. Parness indicated it was the Council
option as to whether or not Foxx-Lynn should be notified. He
was not notified and his firm was not told that they were being
.-/
CM-30-l92
July 14, 1975
u
(re Subcontractor -
Fire Station No.1)
investigated. He added that he can produce people who will testify
that they didn't realize questions being asked were serious business.
He stated that one of the sad things about this whole situation is
that so many people do not have jobs, particularly in his neighborhood,
and apparently the person selected for this jOb is moonlighting elec-
trical jobs, and is the person who started the rumor that Foxx-Lynn
was unacceptable.
Cm Staley stated that he would be perfectly willing to postpone
this matter for one week at which time a full Council is anticipated
but with the understanding that the City will do nothing to hasten
the letting of the contract to. another subcontractor, but neither
will the City do anything to prevent it. If Mr. Lynn wants to take
the chance of waiting another week this should be his option.
Mr. Lynn stated that his livlihood is on the line here. Mr. Lynn
added, "if I prove that this has been a conspiracy between some
people and the Attorney, to get my name removed, being I'm the only
black involved",
Mayor pro tempore Miller interruped at this point to say that dis-
cussions of conspiracy and attacks of members of the City staff
are not really very fair.
Mr. Lynn stated that he would like to withdraw his accusation.
Mr. Lynn continued to say that his company bid for this job because
they have people working for them right in the Livermore area and
now the job is being taken from them because of things that have
been said which are not true. He added that Jim Price of HUD has
agreed to send a letter to the Mayor and City Manager explaining
that Foxx-Lynn is working very hard to reconcile any alleged
differences with HUD.
Mayor pro tempore Miller stated that from his viewpoint it is his
understanding that Foxx-Lynn is on a list of unacceptable bidders
as posted by HUD and in his opinion if somebody is unacceptable
to a major public agency they are also unacceptable to a smaller
public agency which also spends the public's money. If, by next
week Foxx-Lynn has been removed from the unacceptable bidder list,
and receive word from HUD in writing, he would be willing to consider
the matter again. If Foxx-Lynn is still on the list by the next
meeting he would have to believe that the original reasoning of the
Council is correct and the City would have to deny them the contract.
The Council concluded that if Mr. Lynn can get the prime contractor
to wait in letting the contract for one week this would be fine;
however, the City will not become involved in asking that the con-
tract be held for a week.
Mayor pro temore Miller suggested that the contractor be informed
of the conversation which has taken place at this meeting so that
the City is not asking him to wait a week but that the Council is
willing to wait a week without formally requesting such.
Mr. Lynn stated that the thing that will get him off the list is
a letter to HUD saying that he is being denied the job because he
is on such a list.
~.,
The City Attorney commented that as long as Mr. Lynn has appealed
to the Council, the Council must make the decision as to whether
or not the City Attorney should be directed to issue a letter to
HUD indicating that the job will be rejected because Mr. Lynn's
firm appears on the list.
CM-30-l93
July 14, 1975
(re Subcontractor -
Fire Station No.1)
Mr. Logan stated that the decision of what should be done rests
with the Council and he does not want to have to be in the posi-
tion of saying that Mr. Lynn has been rejected until the Council
has stated that he has been rejected. He would like to say that
if the Council so directs, he would indicate that the Council is
inclined towards rejection based upon the list because the City
and HUD are both public agencies and there are public funds in-
volved. There is a very strong possibility that Foxx-Lynn will
be rejected unless they are off that list in one week.
Mr. Lynn stated that in other words, if he is not off the list in
one week there is no point in coming before the Council again.
u
Mayor pro tempore Miller commented that first of all Mr. Lynn has
already been rejected and that the Council is willing to listen
to his appeal; however, if he is not off the list Cm Miller would
not vote in favor of Foxx-Lynn receiving the contract.
Mayor pro tempore Miller reminded Mr. Lynn that there is some
risk involved in a weeks delay because the Council is willing
to wait but Mr. Lynn will have to work out delay of the contract
with the prime contractor.
It was also explained that if it happens that Mr. Lynn is rein-
stated and during the interim the contract is let to the new
contractor there would be nothing the City could do - if he
is reinstated it does not mean automatically that he will get
the contract but that the Council will reconsider.
Mr. Logan stated that he feels he should explain something for
clarification. He has spoken with all of the attorneys for HUD
at the same time and when Mr. Lynn talks about being cleared it
is his right to a hearing and consideration of his appeal to HUD
that he should not be on the list - not that HUD has evidence that
will exonerate him from being suspended on the list - there is
a big difference. What HUD people are talking about is allowing
Mr. Lynn the hearing. It is true that they should have given him
the hearing a long time ago because he asked for it in a timely
manner and unfortunately he was not given the hearing at a sooner
date. Mr. Logan then read Code of Federal Regulations, 24 CFR,
Part 24ll, which deals with the suspension list, for informa-
tional purposes. He added that the hearing is to determine
whether or not the suspension should be a permanent debarment
from HUD.
Mr. Lynn stated that he has been contacting HUD to find out why
he has been suspended and apparently they don't have the evidence
because they keep reinvestigating the matter.
Mayor pro tempore Miller stated that regardless of the problems
Mr. Lynn is having with HUD, the City must follow prudent business
practices for the City of Livermore and he would agree that the
problems Mr. Lynn has are unfortunate. Unfortunately, Mr. Lynn's
suspension makes it impossible for him, personally, to vote in
favor of Mr. Lynn's appeal. He added that it is his responsibility
as a Councilmember to see that the public's money is expended wisely.
Cm Staley commented that before Mr. Lynn could expect a vote in
favor of his appeal he would have to be removed from the suspension
list and echoed the same comments expressed by Cm Miller with respect ~
to expenditure of public funds.
CM STALEY MOVED TO CONTINUE FURTHER DISCUSSION UNTIL JULY 21ST,
DIRECT THE CITY MANAGER TO COMMUNICATE WITH THE CONTRACTOR AS
TO TONIGHT'S DISCUSSION WITH A FINAL DECISION TO BE MADE ON THE
21ST WITH NO RECOMMENDATION TO THE CONTRACTOR AS TO THE PROJECT.
CM-30-l94
July 14, 1975
(re Subcontractor -
Fire Station No. l)
ALSO INCLUDED IN THE MOTION WAS THAT THE CITY ATTORNEY BE DIRECTED
TO WRITE A LETTER INDICATING THAT IT WOULD BE A CONDITION PRECEDENT
FOR THE COUNCIL TO CONSIDER THE APPEAL, THAT MR. LYNN BE REMOVED FROM
THE UNACCEPTABLE LIST AT HUD, SECONDED BY CW TIRSELL.
~ Mr. Lynn stated that he is asking the City Attorney to write a letter
saying that he was denied the contract because his firm is on the
list - a letter just that short.
Mr. Logan explained that the Council was informed of this and was
aware of the facts at the time they voted to deny the contract with
Foxx-Lynn. As to the motives or intent at the time the vote was
taken should not be answered. Secondly, this is factual evidence
that is supportable legally for the denial and this is what he will
inform HUD about at the same time he writes the letter to them.
Mr. Lynn stated that he wants the Council to tell him why he was
denied the contract and he feels the Council should say why as well
as to present the reason in writing.
Mayor pro tempore Miller stated that the letter will indicate that
the City received information that Foxx-Lynn was on the unacceptable
list and this was among the considerations of the City Council.
Mr. Lynn stated that the word "among" means there could be other
reasons and asked for an explanation of the other reasons.
The City Attorney replied that it was the recommendation of the City
Manager and City staff that Foxx-Lynn be rejected and probably the
only consideration was the list. The Council accepted the recom-
mendation; the minutes will reflect what action was taken.
Mayor pro tempore Miller stated that the minutes are the official
records for the City and they will say what action transpired and
that Mr. Lynn may review them if he so desires. Also, the City
will be happy to send a copy of the minutes of the meeting in which
the rejection was made for HUD's review.
MOTION PASSED BY UNANIMOUS VOTE.
REPORT RE EXXON
PROPERTY BEAUTIFICATION
The City Manager reported that there is a small piece of property
located at the corner of Murrieta Boulevard and portola Avenue
which the Beautification Committee suggested for beautification
purposes because it is at an en trace to the City. This property
does not belong to the City and it was suggested that the property
be purchased for this purpose (adjacent to Exxon) .
Mr. Parness has contacted Exxon concerning their attitude as to its
purchase and the Exxon people indicated that they were not interested
in selling it but they would be willing to listen to the City's offer
concerning lease of the property. It is recommended that a motion
be adopted authorizing the staff to prepare a lease for transmittal
to the firm.
'--
ON MOTION OF CW TIRSELL, SECONDED BY CM STALEY, AND UNANIMOUS VOTE,
THE CITY MANAGER WAS DIRECTED TO REFER THIS MATTER BACK TO THE
BEAUTIFICATION COMMITTEE INCLUDING THE COST OF A LEASE.
CM-30-l95
July 14, 1975
RES. AUTH. EXEC. OF
AGREE. - HORIZONS
The staff has recommended that a resolution be adopted authoriz-
ing execution of agreement for the HORIZONS YO~th Ser~ices Center.
The Criminal Justice grant is for $40,000 and ~s fund~ng for the
third year of the program.
ON MOTION OF CW TIRSELL, SECONDED BY CM STALEY AND BY UNANIMOUS
VOTE, THE RESOLUTION WAS ADOPTED.
RESOLUTION NO. 147-75
J
A RESOLUTION AUTHORIZING GRANT AGREEMENT
REPORT RE SUPER-
VISORIAL REDISTRICTING
Mr. Parness reported that the matter of supervisorial redistricting
was presented at the Mayors Conference a couple of weeks ago by
Supervisor Bates and his report has been copied for information
to the Council. This report will be discussed at a public meeting
tomorrow before the Board of Supervisors. The notice received
from the County is that no action will be taken by them and that
it is informational in nature; however it is his understanding
that a formal vote will be taken by the Board at the August 5th
meeting.
If the Council has any feelings on anyone of the alternatives
perhaps this should be discussed at either the meeting of July
21st or 28th.
Cw Tirsell commented that in her opinion Oakland is still carved
in a very strange manner.
Mr. Parness stated that it is the assumption on the part of the
staff that the Board will not consider adding to the number of
members on the Board and one of the reasons is that it would require
a charter amendment.
Mayor pro tempore Miller stated that in his op~n~on the plan
which includes Livermore and Castro Valley is reasonable be-
cause there is more of a common interest between the two.
One of the other plans is to link Livermore with Fremont
which does not seem reasonable because Fremont has all of its
undeveloped land within the City limits and they have a lot
of undeveloped land in their area. He would suggest that we
ask the Supervisors to propose a first district like Plan VI
and do as they please with the other four. Secondly he would
recommend that there be seven supervisors on the ballot for the
1976 ballot.
Cw Tirsell commented that the problem with Plan VI is that it
covers the entire east side of the hilly area.
Mayor pro tempore Miller stated that perhaps we should say we
would like something like Plan VI which would contain Castro
Valley AND SO MOVED. ALSO INCLUDED IN THE MOTION WAS THAT
THERE SHOULD BE SEVEN SUPERVISORS LISTED ON THE 1976 BALLOT,
SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE.
G
P.C. MINUTES
Minutes for the Planning Commission meeting of July 1, 1975,
were noted for filing.
CM-30-l96
July l4, 1975
WEEKLY STATUS REPORT
- CITY MANAGER
New Subdivision
o
The City has received notice that K&B Homebuilders will file a
small subdivision at the corner of Charlotte Way and East Avenue -
approximately 7 acres and 32 lots.
Housing & Comm.
Develop. Application
The Housing and Community Development application we participated
in with the County has been approved. There will be a meeting held
this week with the staff so as to be informed about what the next
order of proceeding will be. There are a few critical issues to
be cleared with respect to our portion of the grant but it is good
to know that it has finally been approved.
First Street
For the first time in many years, last Friday and Saturday night,
foot patrolling of First Street was used. The Police Chief has
indicated that this method worked very well. Two uniformed officers
walked the streets using proper psychology on the juveniles. Appar-
ently this method was very effective and we will continue to employ
this method on Friday and Saturday nights for most of the summer.
ADJOURNMENT
Mayor pro tempore Miller adjourned the meeting at 10:25 p.m.
to an executive session to discuss litigation and then to 5:00
p.m. on Monday, July 21, 1975, for further discussion concerning
the budget.
APPROVE
ATTEST
CM-30-l97
Special Meeting - July 21, 1975
A special meeting of the City Council was called by Mayor Futch
for Monday, July 21, 1975, at 12:00 noon, at 379 So. Livermore
Avenue (Library - Cm Staley's Office).
The purpose of the meeting was to discuss litigation and other
pending litigation.
\J
Present: Cm Turner, Miller, Staley, Cw Tirsell and Mayor Futch
Absent: None
The meeting convened at 12:10 p.m. and immediately adjourned to
an executive session. The meeting adjourned at 1:00 p.m.
ATTEST
cJ',d.
I/tdt//~
. Mayor
- ~{(~
J'- C~ ty Clerk
vt.ivermore, California
/!'
APPROVE
Regular Adjourned Meeting of July 21, 1975
An adjourned regular meeting of the City Council of the City of
Livermore was held on Monday, July 21, 1975, at 5:00 p.m., in the
Court Chambers, 39 South Livermore Avenue.
The Councilmembers met with the City Manager and the Director of
Finance to discuss those budget matters which were not finally
settled at the Budget Session of June 28, 1975.
The meeting adjourned at 7:45 p.m.
APPROVE
&~f~/
ATTEST
Mayor
/' ' ~" j"
, i, /,' ,-" /(/, /
'--'Gllf j U7'-A.-'" -t' {i "J_______
", t'" . City Clerk
(; Ii . Livermore, California
-..-/
CM-30-l98
Regular Meeting of July 2l, 1975
A regular meeting of the City Council of the City of Livermore was
held on July 21, 1975, in the Municipal Court Chambers, 39 South
Livermore Avenue. The meeting was called to order at 8:20 p.m.
with Mayor Futch presiding.
ROLL CALL
Present: Cm Turner, Miller, Staley, Cw Tirsell and Mayor Futch
Absent: None
--..../
PLEDGE OF ALLEGIANCE
Mayor Futch led the Councilmemhers as well as those present in
the audience, in the Pledge of Allegiance.
MINUTES
July 8, 1975
Page 171, third paragraph from bottom should read: Cm Miller
commented that in the past...etc.
Page 171, last paragraph, First line should read: Cw Tirsell
felt the Community Affairs Committee should be thanked by letter...etc.
Page 173, fifth paragraph from the bottom, 6th line should begin:
store. Because of the problem of the Louis Shopping Center being
so close to the Lucky Shopping Center on Pacific Avenue, there
will probably continue to suffer bad uses in these shopping centers.
There is not the market to keep both shopping centers...etc.
ON MOTION OF CW TIRSELL, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE,
(Cm Turner abstaining due to absence) THE MINUTES FOR THE MEETING OF
JULY 8, 1975, WERE APPROVED, AS CORRECTED, WITH THE DISCUSSION OF
THE LOUIS SHOPPING CENTER TO BE SENT TO THE PLANNING COMMISSION.
P.H. RE 1975-76
FISCAL YEAR BUDGET
A public hearing has been set for the purpose of allowing public
comments concerning the proposed budget for the 1975-76 fiscal
year. The total amounts by major expenditure category, tentatively
set by the City Council are as follows:
General Government
Municipal Enterprises
Capital Outlay
$4,911,974
1,840,947
5,072,255
Total
$11,825,176
Cm Turner inquired about the hotel tax and Mr. Parness explained
that the budget assumes there will be a 10% tax increase for hotel-
motel occupancy. However, in the event the Council decides not to
raise the rate to that extent, the budget would have to be modified
and replacement revenues found later.
Mayor Futch opened the public hearing at this time.
/~)
THERE BEING NO PUBLIC TESTIMONY, ON MOTION OF CM TURNER, SECONDED
BY CM TIRSELL AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED.
,---,'
It was noted that there was public
at the budget session held earlier
people attended the session.
testimony made by two ci~zens
by the Council, and thatA~[ny
,\ .~)\{) .
\\}\.Vr\~0J\J '
\~ yvv
\0>",\
CM-30-200
July 21, 1975
(re Budget)
CM MILLER MOVED TO ADOPT THE RESOLUTION ADOPTING THE 1975-76 FISCAL
YEAR BUDGET, SECONDED BY CM TURNER, AND PASSED BY UNANIMOUS VOTE.
RESOLUTION NO. 148-75
u
A RESOLUTION APPROVING 1975-76 FISCAL YEAR BUDGET
P.H. RE CHARGES
FOR WEED ABATEMENT
The weed abatement work has been completed, the billings have been
mailed and the amounts must now be confirmed. Payments can be
made until August 8, 1975.
Mayor Futch opened the public hearing for public testimony con-
cerning weed abatement charges.
THERE BEING NO PUBLIC TESTIMONY THE PUBLIC HEARING WAS CLOSED ON
MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE.
CM MILLER MOVED TO ADOPT A RESOLUTION CONFIRMING ASSESSMENTS FOR
tmED ABATEMENT, SECONDED BY CM TIRSELL, AND BY UNANIMOUS VOTE.
RESOLUTION NO. 149-75
A RESOLUTION CONFIRMING ASSESSMENTS - WEED ABATEMENT
CONTINUED P.H. RE
REZONING TO OS-UR
Mayor Futch opened the public hearing regarding possible amendment
to the Zoning Ordinance with respect to OS-UR District, which was
continued from the meeting of July 14th.
Mr. Musso explained that last week the Council discussed the various
reasons for recommendations made by the Planning Commission concern-
ing the OS-UR District, including the recommendation to rezone most
of the area now zoned PD to the OS-UR District as well as some agri-
cultural area and other areas. There were some properties involved
in density transfers and some isolated properties that the P.C. felt
should not be rezoned. The primary discussion centered around whether
or not some of the properties involved in possible long range develop-
ment should be maintained in their present OS-A Zoning rather than to
go to the OS-UR.
Mr. Musso commented that the OS-UR District is primarily for agri-
cultural use but commercial, industrial and residential uses can
be requested, with a PUD permit, and can be allowed as long as the
use conforms with the General Plan. The present OS-A allows only
agricultural use with no exception.
SINCE THERE WERE NO COMMENTS FROM THE PUBLIC AT THIS TIME, ON MOTION -
OF CM STALEY, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE,
THE PUBLIC HEARING WAS CLOSED.
Cm Miller noted that he has a conflict of interest concerning Parcel
ilO, which is the Ensign-Bickford property within 300 ft. of his
residence. He would therefore request that this parcel be deleted
from the discussion and if there is a vote relative to that parcel
he will abstain.
CM-30-20l
July 21, 1975
(re OS-UR District)
Cw Tirsell pointed out that at last week's meeting the Council
was in substantial agreement with the recommendations of the
P.C. with the exception that the Council deleted some additional
areas from the proposed OS-UR Zoning and would suggest that any
areas in which the Council differed in opinion, should be voted
on separately.
iJ
CW TIRSELL MOVED TO ADOPT ASSIGNMENTS OF OS-UR TO PROPERTIES,
AS RECOMMENDED BY THE PLANNING COMMISSION, AND THAT FURTHER
DELETIONS BY THE COUNCIL WILL BE HANDLED BY AMENDMENT, SECONDED
BY CM STALEY.
Cm Miller suggested that the Planning Commission be directed to
amend OS-UR by saying that the minimum standards for development
will be RS, RG, etc.
The City Attorney recommended that he feels the motion made by
Cw Tirsell is premature if the Council intends to talk about
amendments and suggested that the Council talk about the
amendments. If the P.C. recommendation is amended the Council
should refer the matter back to them for a report.
em Staley stated that rather than to consider the entire P.C.
action, could only the parcels amended by the Councilor ques-
tioned be referred back to the P.C.?
Mr. Logan stated that the recommendation of the P.C. is based
on the whole so this is what the Council must be responsive to.
The Council concluded that they would begin discussion of Par-
cels #1 through #9, with Mr. Musso illustrating the areas on
the map.
CW TIRSELL WITHDREW THE MOTION MADE EARLIER AND CM STALEY WITH-
DREW HIS SECOND ON THAT MOTION.
Cm Staley explained that the P.C. recommendation was for change
to OS-UR for Parcel #1 and for no change for Parcels #2 through
#5. Parcel #1 is owned by the National Association and #2 through
#5 is in the Wagoner Farms area, #6 is Wells Fargo in the Trevarno
area and #7 is property located behind Madera Way. Parcel #8 is
the Standard gasoline station site, and #9 is the proposed shopping
center site (Portola Avenue .
Mayor Futch stated that #1 is recommended for OS-UR, no change on
parcels #2 through #5 and OS-UR again for #6 through #9.
CM MILLER MOVED TO ADOPT THE RECOMMENDATION BY THE PLANNING COM-
MISSION FOR PARCELS #1 THROUGH #9, SECONDED BY CM STALEY.
Mr. Logan indicated that the Council may vote on groups of par-
cels or review them individually because the P.C. may have taken
10-15 lots and made a recommendation but this does not mean that
they didn't consider each one separately. Likewise, the Council
can take as many as they wish as long as it is felt that each
parcel within a category is the proper rezoning.
MOTION PASSED BY UNANIMOUS VOTE.
CM STALEY MOVED TO ACCEPT THE P.C. RECOMMENDATION FOR REZONING OF
PARCEL #10 TO OS-UR, SECONDED BY CM TIRSELL, WHICH PASSED BY
UNANIMOUS VOTE (Cm Miller abstaining due to conflict of interest).
..-/
Mr. Logan pointed out that for the record the Council is not re-
zoning this evening but rather making indications as to how the
ordinance should be prepared.
CM-30-202
July 21, 1975
(re OS-UR District)
The Council then discussed the two parcels located north of Las
positas Road just west of First Street near the interchange.
CM MILLER MOVED THAT PARCELS #11 and #12 REMAIN OS-A ZONING -
MOTION FAILED FOR LACK OF A SECOND.
u
CM TURNER MOVED TO REZONE PARCELS #11 AND #12 TO OS-UR DISTRICT,
SECONDED BY CW TIRSELL, AND PASSED 4-1 (Cm Miller dissenting) .
Mr. Musso then illustrated the location of Parcels #13, #14, #15,
and #16, north of I-580 off of Bluebell Drive.
CW TIRESLL MOVED TO ADOPT THE P.C. RECOMMENDATION TO REZONE PARCELS
#13, #l4, #15, and #16, TO OS-UR DISTRICT, SECONDED BY CM STALEY
AND PASSED UNANIMOUSLY.
CM MILLER MOVED THAT PARCELS #17 and #18 (east of Vasco) REMAIN IN
THE OS-A DISTRICT BECAUSE IT IS NOT ANTICIPATED THAT URBANIZATION
WILL TAKE PLACE IN THIS AREA FOR SOME TIME, SECONDED BY CM STALEY.
Discussion followed the motion because the Planning Commission had
recommended that this also be rezoned to OS-UR.
Cm Staley commented that as he recalls, the majority of the P.C.
accepted the consultant's report which strongly recommended that
these parcels be rezoned OS-UR because it was felt that this zon-
ing would be compatible with what was anticipated with the General
Plan report.
Cm Miller explained that Parcels #17 and #18 are on the East side
of Vasco Road as are #20 and #21 and that he intends to move that
#20 and #21 remain OS-A as well.
MOTION PASSED BY UNANIMOUS VOTE.
ON MOTION OF CM MILLER, SECONDED BY CW TIRSELL AND. BY UNANIMOUS VOTE,
PARCEL #19 WAS REZONED TO OS-UR, AS RECOMMENDED BY THE P.C. Parcel
#l9 is located near Broadmoor Street.
CM MILLER MOVED THAT PARCELS #20 AND #21, EAST OF VASCO ROAD, REMAIN
OS-A, SECONDED BY CM TURNER AND PASSED BY UNANIMOUS VOTE.
CM STALEY MOVED THAT PARCELS #22, #23, #24, and #25 REMAIN OS-A
(located west of Vasco Road near Christensen School) SECONDED BY
CM MILLER.
Cm Staley stated that he feels the outlying properties are currently
involved in agricultural use and contiguous to a plot that has already
been zoned OS-A in its entirety and that it would be natural to con-
tinue the OS-A zoning in these outlying areas.
Mayor Futch stated that his view is somewhat different because the
clear dividing line is Vasco Road and Parcels #22 through #25 are
partially surrounded by existing development. OS-UR is a type of
reserve and he felt they should be rezoned OS-UR.
Cw Tirsell stated that she can sympathize with either argument but
will probably vote against the motion because of the fact that there
is not a natural dividing line such as Vasco Road and there may be
application for development.
Cm Turner agreed that the property should remain OS-A and does not
feel that Vaso Road is a natural dividing line.
MOTION PASSED 3-2 WITH CW TIRSELL AND MAYOR FUTCH DISSENTING.
CM-30-203
July 21, 1975
(re OS-UR District)
Cm Miller stated that in his op~n~on Parcels #26, #27, and #28 are
also outlying parcels and should also remain OS-A with anticipated
development taking place around the central core of the City.
Cw Tirsell felt there would be a real advantage in having these
parcels rezoned to OS-UR because they are located between two
existing developments, for a sense of community, with which Cm
Staley concurred, adding that he would like to see this area
fill in.
:\J
CM MILLER MOVED THAT PARCELS #26, #27, and #28 REMAIN OS-A SBCON-
DED BY CM TURNER AND FAILED 2-3 (Cm staley, Cw Tirsell and Mayor
Futch dissenting).
CW TIRSELL MOVED TO ADOPT THE P.C. RECOMMENDATION FOR REZONING OF
PARCELS #26, #27, and #28, TO OS-UR DISTRICT, SECONDED BY CM
STALEY AND PASSED 3-2 (Cm Miller and Turner dissenting).
CW TIRSELL MOVED THAT PARCELS #29, #30, and #31 REMAIN OS-A,
SECONDED BY CM STALEY. MOTION PASSED BY UNANIMOUS VOTE.
ON MOTION OF CW TIRSELL, SECONDED BY CM STALEY AND BY UNANIMOUS
VOTE, PARCELS #32 through #39 WILL BE REZONED TO OS-UR, AS
RECOMMENDED BY THE PLANNING COMMISSION. This is property owned
by Reeder Development and Palomar.
The Council next discussed zoning of land in the vicinity of the
Junior College, Parcels #40, #41, and #42 (south of the college).
CM MILLER MOVED THAT PARCELS #40, #41, and #42 REMAIN OS-A,
SECONDED BY CW TIRSELL AND PASSED BY UNANIMOUS VOTE.
CW TIRSELL MOVED TO ADOPT THE RECOMMENDATION OF THE P.C. TO
REZONE PARCELS #43, #44, #45, and #46, TO OS-UR (east of
Kittyhawk Road), SECONDED BY CM MILLER AND PASSED UNANIMOUSLY.
Mr. Musso commented that Parcels #47 and #48 involve a density
transfer. Parcel #47 is in conformance with the General Plan
and rezoning to OS-UR would not affect this. Parcel #48, however,
has mixed zoning but rezoning to OS-UR would affect the General
Plan and the Planning Commission has recommended that there be no
rezoning of this parcel.
CW MOVED TO REZONE PARCEL #47 to OS-UR AND THAT #48 REMAIN AS IT
IS WITH RESPECT TO ITS ZONING, AS RECOMMENDED BY THE P.C., SECONDED
BY CM STALEY AND PASSED UNANIMOUSLY.
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE,
THE PLANNING COM}1ISSION RECOMMENDATIONS FOR PARCELS #49 THROUGH #78
WERE ADOPTED.
Mayor Futch stated that he continues to be concerned about the
comments expressed by Cm. Dahlbacka with respect to development
standards and would like to suggest that the P.C. prepare a
proposed development ordinance as soon as possible, to spell out
standards.
It was noted that the action by the Council must go back to the
Planning Commission for comment.
CM MILLER MOVED THAT THE COUNCIL SEND ITS DECISIONS, WITH RESPECT
TO REZONING TO OS-UR, BACK TO THE P.C. FOR THEIR REPORT, SECONDED
BY CM TURNER AND PASSED UNANIMOUSLY.
-.-./
CM-30-204
I
July 21, 1975
(re OS-UR District)
CM MILLER MOVED TIlAT THE COUNCIL REQUEST THE P.C. TO AMEND THE
OS-UR ORDINANCE TO REQUIRE CERTAIN MINIMUM STANDARDS FOR OS-UR
WITH RESPECT TO DEVELOPMENT. MOTION WAS SECONDED BY CW TIRSELL.
~)
Cm Turner stated that he would suggest the minimum standards be
RS; multiple RG, and that the City make sure that all the standards
remain.
standards do n ,d"_'
s.e~n1rm:mJ ' cttandards:-
Cm Miller noted that our existing RS and PUD standards provide fo r
a maximum of flexibility and there should be no interference with
the intent of OS-UR.
from a philosophical
,'"1.::-: .
Cm Miller stated that he would like to mention that he is very grate-
ful that Cm Dahlbacka recognized this problem and brought it to the
attention of the Council.
MOTION PASSED UNANIMOUSLY.
CONSENT CALENDAR
Res. Rejecting Claim
A resolution rejecting the claim of Castle & Cooke, Inc., et aI,
was adopted by the Council.
RESOLUTION NO. 150-75
A RESOLUTION REJECTING THE CLAIM OF CASTLE & COOKE,
INC., ET AL
Res. Rescinding
Res. 9-75
The following resolution was adopted rescinding Resolution 9-75:
RESOLUTION NO. 151-75
A RESOLUTION RESCINDING RESOLUTION NO. 9-75 (Re: Condemna-
tion of Real Property at Concannon Boulevard and Evans Avenue)
Res. Approving
Tentative Map. #3615
The resolution approving Tentative Map No. 3615 was removed from the
Consent Calendar for discussion at the end of the meeting.
Minutes
Minutes of the Airport Advisory Committee meeting of July 7, 1975,
were noted for filing.
CM-30-205
Cw Tirsell wished the P.C. would discuss the philosophy
of whether~ in fact~ established standards do or do not
violate the purpose of the PD Zoning; if not~ then d~s-t
cuss standards. ~</~
I
July 21, 1975
Departmental Reports
Departmental Reports were received, as follows:
Airport Activity - June
Building Inspection - June
*Emergency Services - Quarter Ending June, 1975
Library - Fiscal Year - 1974-75
**Mosquito Abatement - May
Municipal Court - May
Police and Pound Departments - June
Water Reclamation Plant - May and June
I
\,-~
*It was suggested that a master list of the items located at the
disaster hospital be posted at that location.
**It was also noted that the Council would like some explanation
as to why Livermore is a Mosquito Abatement District and it was
suggested that Mr. Jenkins speak to the Council about this item.
Cm Staley noted that less than 20% of the operation:; (~10squito
Abatement) is going towards control effort while about 75% is
going for inspections and support.
Payroll & Claims
There were 76 claims in the amount of $40,504.01, dated July 21,
1975, and approved by the City Manager.
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE, THE CONSENT CALENDAR WAS APPROVED, WITH REMOVAL OF ITEM
2.3 RE TENTATIVE TRACT MAP 1175.
MATTERS INITIATED
BY THE COUNCIL
(City Hall)
Cm Turner stated that while he was traveling on vacation he noticed
that regardless of the size of the town he was in they had a nice
City Hall.
(R. R. project)
Cm Turner stated that upon return from his vacation he noticed in
the paper that the railroad project is behind schedule and asked
about the delay.
Mr. Parness indicated that the contractor feels some of the days
can be made up and is still working towards December 1, 1975.
Cm Miller noted that the contract allows the contractor until
next spring to complete the project without penalty.
(Livermore Garden Apts.)
Cm Turner stated that he doesn't know if anything can be done
about the amount of rent for the Livermore Gardens Apartments
but they are supposed to be low cost housing and the rent seems
too high.
CM-30-206
I
July 21, 1975
(Livermore Garden Apts.)
GmMillcr 61:1EjEjCCltcd tnat tnc staff BRlSn:lla projcct tho aHU31:1st ef
gallon.o going t-fifetlfjh- the lines, per day, that. tl.c project sllould
pay for thc pipeline in. tnat proportioR.
(ACAP/CETA Meeting)
u
Cw Tirsell reported that at the last ACAP/CETA meeting the final
funding for CETA grants were approved. She stated that she pushed
very hard, as a Livermore representative, for an employment develop-
ment office in the valley and last week a letter was received con-
firming the fact that under the EDD contract with CETA for this year,
funding will be available for an EDD office in Livermore.
(re 7-11 Market on
portola Avenue)
Mayor Futch asked if the City is required to allow water for the 7-11
Market being constructed on portola Avenue.
There was no clear answer as to what is happening concerning water
for the use and Mr. Musso noted that he just discovered that Mr.
Lounsbury is required to have a new private sewage treatment system
as a condition of the permit. This means that if Mr. Lounsbury has
connected to the residential septic tank then they are in violation
of the permit. It is possible that the permit may have been violated.
This matter was referred to the City Attorney.
COMPLAINT RE
TIE-DOWN FEE
A letter was received from Wayne Lawson indicating that he left his
airplane at the airport on consignment for sale and because of a
domestic dispute the sheriff took possession of the plane and re-
quested a particular tie-down are~ that was expensive. The costs
for the tie-down must be paid by Mr. Lawson and he feels that the
plane should have been stored in an inexpensive and protected
area. He has requested adjustment and restitution of the fee be-
cause the plane incurred damage.
Mr. Lee explained that all arrangements were made by the sheriff
who specifically requested the area to be used and who was aware of
the fees to be charged. The City does not feel responsible for any
damage which may have occurred by such arrangements or the fees involved
The letter was noted for filing.
REQUEST FOR MECHANICAL
PARK SITE - LARPD
LARPD has requested that during the time the Airport Advisory
Commission studies the Airport Master Plan, requirements for
a mechanical park site be considered as part of any land acqui-
sition study.
ON MOTION OF CW TIRSELL, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE, THE MATTER WAS REFERRED TO THE AIRPORT ADVISORY COMMITTEE.
CM-30-207
Cm Miller suggested that the Council direct the staff to ask
for Livermore's proportion of the total LAVWMA pipeline
established. If Pleasanton wants 12 MGD extra~ they pay f9~J.A
the pipeline proportionally. ~
I
July 21, 1975
COMMUNICATION RE
PARAMUTUAL WAGERING
A letter was received from California City concerning efforts
to amend a constitutional amendment proposing extended para-
mutual wagering.
,
The letter was noted for filing.
'\',J
PUCNOTIFICATION
OF PUBLIC HEARING
(California Water Service)
The PUC has notified Livermore of a public hearing scheduled
for August 11, 1975, at 10:00 a.m. in San Francisco, concern-
ing the matter of the application of California Water Service
Company for an order authorizing an increase in rates charged
for water service in all districts.
The notice was noted for filing.
RECESS
Mayor Futch called for a 5 minute recess, after which the Council
meeting resumed with all members of the Council present, (except
those excused at the time of convening) .
REPORT RE FOX-LYNN SUB-
CONTRACT APPEAL RE CON-
STRUCTION OF FIRE STATION #1
At the City council meeting of July 14 an appeal was made by
Foxx-Lynn Corporation concerning the electrical subcontract
work for Fire Station #1. The Council agreed to continue the
matter until this evening to allow the appellant the opportunity
to provide documents clearing him from the unacceptable list of
the federal government.
Mr. Parness reported that last week Foxx-Lynn appealed the re-
jection of their firm as a subcontractor on the fire station
construction work. The rejection was based upon information
received from a large federal agency, that Foxx-Lynn has been
placed on an unacceptable bidders list.
Mayor Futch asked if the Foxx-Lynn Corporation has been removed
from the list of disbared, suspended, and unacceptable contractors.
Mayor Futch added that at this point the Council is interested in
knowing only whether or not Foxx-Lynn has been removed from the
list and no other type of information.
Al Lynn, of the Foxx-Lynn Corporation stated that at this time
he does not know if they have been removed from the list and is
supposed to be contacted tomorrow by the HUD people.
Mr. Parness reported that according to information the City has
received, orally, by the Area Director of HUD, Foxx-Lynn Corpora-
tion has not been removed from the list and it may be several
weeks before a hearing can be held to determine if they should
be removed from the list.
Mayor Futch wondered if the replacement subcontractor has signed
the contract, and Mr. Parness replied that he has.
CM-30-208
July 21, 1975
(re Subcontractor -
Fire Station #1)
Cm Miller stated that at the meeting of last week the Council indi-
cated that they would not consider the appeal unless Foxx-Lynn had
been removed from the Hun list.
L)
FOXX-LYNN HAS NOT BEEN REMOVED FROM THE HUD LIST; THEREFORE CM MILLER
MOVED THAT THE APPEAL BE DENIED, SECONDED BY CW TIRSELL AND PASSED
BY UNANIMOUS VOTE.
REPORT RE TRACTS
3641 AND 3642
Mr. Musso illustrated the area where the new subdivision is pro-
posed (K&B Tract 3641 and 3642) explaining that as far as the design
of the subdivision is concerned it was satisfactory and all the con-
ditions are standard with no problems associated with the subdivision.
The basic question has to be answered as to whether or not the sub-
division is to be approved, conditionally approved, or referred back
for design.
The main issue before the P.C. was whether or not the map should
be recommended for approval in light of the City policy concerning
sewer allocation.
P. C. denial was based on nonconformance with the General Plan since
the Subdivision Map Act allows a denial on the basis that it does
not conform with the General Plan. The City of Livermore General
Plan has provisions relative to adequate schools, adequate water
and adequate sewage treatment capacity. Based on City policy
the P.C. felt they could not guarantee sewer capacity.
CW TIRSELL MOVED TO ADOPT THE RECOMMENDATION OF THE PLANNING COM-
MISSION FOR DENIAL OF THE TRACTS, SECONDED BY CM TURNER.
Mr. Varni, attorney for the developer requested a continuance
of this item so that they may have the opportunity to get a
definition of "low cost housing".
Cm Miller felt the request for a definition is reasonable but the
suggestion to continue is not reasonable because this is a standard
subdivision and definitions of low cost housing will not correspond
to standard subdivisions.
eM TIRSELL WITHDREW HER ORIGINAL MOTION AND MOVED TO CONTINUE THIS
MATTER UNTIL AUGUST 18, SECONDED BY CM TURNER.
Cm Staley stated that he has no objections to a delay but wondered
about the time limitations.
The City Attorney explained that the particular group involved in
this matter have already waived any rights to time limitation when
they asked for a continuance a couple of weeks ago. By asking for
another continuance they reiterate that waiver.
Cm Miller stated that he feels Livermore Garden Apartments is not
low income housing - this came to Livermore as a low income housing
!~~ unit and he does not accept it as such. He stated that he feels
that anything which qualifies as low income housing must have some
measure of control, directly or indirectly, by our Housing Authority
so the City can guarantee that applicants for low income housing are
primarily local with local jobs and with income restrictions.
MOTION PASSED BY UNANIMOUS VOTE.
CM-30-209
July 21, 1975
REPORT RE PARCEL
MAP 1597 - SHAHEEN
Mr. Parness reported that with respect to Parcel Map 1597 (Shaheen
property located south of Research Drive) there are some factors
in dispute concerning the contract for final consideration by the
Council. All of the public works improvements have been listed
and these have been done in accordance with previous Council approval.
The developer asks consideration of the following three items:
,
('0
1. The land value is assumed to be $lO,OOO/acre and the develop-
er feels $20,000/acre would be more equitable.
2. The term of the benefit district is to be 10 years and the
developer requests 15 years.
3. The interest rate for the benefit district is to be 7% per
annum and the developer requests that it be 10% or if it
is to be 7% he would request that the increase in costs be
based on 7% interest or the change in the Construction Cost
Index, whichever is more. (The proposed agreement says which-
ever is less.)
Cm Turner felt that it might be best for Mr. Shaheen to get an
appraisal for his property if the $lO,OOO/acre seems unfair.
Cw Tirsell wondered if the City is entering into the benefit dis-
trict and Mr. Parness explained that the City is involved with
respect to the oversized line the City has required.
Discussion followed between the Council and Mr. Earl Mason,
representing Mr. Shaheen, concerning the term for the benefit
district and the interest rate.
The City Attorney commented that before the Council can form any
local benefit district for this area a revised Subdivision Map
Ordinance must be effective. He stated that such an ordinance
is basically drafted and is in the process of being typed for
review by the Council.
Mr. Logan added that he has one basic concern about the Council
maki~g decisions at this time, determining the rate and number
of years, etc., which is that first of all the Council will have
to know what the ordinance requires that the City must do. As
he recalls there is a requirement for some type of public hearing
in ord~r for property owners to give testimony and where they can
protest if they do not want to be part of a benefit district.
Failure to comply could create problems of due process in collec-
tion from future developers or owners of property in that area.
If the agreement is found to be inconsistent with what the ordi-
nance requires, the Council woulQ be subject to the ordinance.
Mayor Futch wondered if the Council could vote on separate items
such as approval of the subdivision map and requiring separate
actions for the benefit district.
Mr. Logan suggested that to alleviate some of the concerns on
both sides, the Council could approve the agreement the way it
is written but indicate that the formulation in Exhibit A is
an intent of the Council at this time, rather than to make any
final decision because the decision may have to change as a
result of the Subdivision Ordinance.
CM-30-2l0
July 21, 1975
f'\
'\~
(re Shaheen Property)
Cm Miller stated that he would want to include the condition that
formation of a benefit district costs be borne entirely by the
developers and the cost of maintaining the district be estimated
and charged to the developers.
Mr. Logan explained that the City is still agreeing to set up a
benefit district which doesn't affect the developer's ability to
recover but rather affects only the ability to recover under a
specific formula.
Mr. Logan asked that he be allowed to form a final sentence for
adoption by the Council and the Mayor indicated that this would
be agreeable.
Mayor Futch commented that the City Attorney is advising the Council
not to discuss the terms of the benefit district until the Council
has seen the ordinance.
Mr. Logan suggested dropping the whole formulation and to delete the
last sentence which would mean that the only thing the City is doing
is agreeing that upon the passage of a subdivision map ordinance the
benefit district will be created and at that time the terms can be
negotiated.
CW TIRSELL MOVED TO ADOPT THE RESOLUTION, STRIKING THE LAST SEN-
TENCE OF THE AGREEMENT, AND TO INCLUDE A SENTENCE TO SEC. 14, TO
SAY THAT A REASONABLE FEE BE DETERMINED BY THE CITY MANAGER AND
SHALL BE PAID TO THE CITY BY CONTRACT FOR THE COSTS INVOLVED IN
THE ESTABLISHMENT OF A LOCAL BENEFIT DISTRICT, SECONDED BY CM TURNER.
Cm Staley asked for clarification as to what the Council is voting
on and Cm Miller explained that the resolution is to enter into an
agreement which has the last sentence deleted and another sentence
added.
The City Attorney explained that striking the last sentence of the
agreement automatically eliminates the Local Benefit District
Section in Exhibit A.
MOTION PASSED BY UNANIMOUS VOTE.
RESOLUTION NO. 152-75
A RESOLUTION AUTHORIZING EXECUTION OF AGREE-
MENT (R. L. Shaheen Company)
REPORT RE PROPOZED
ZONE 7 CONTRACT AMEND.
Zone 7 has proposed that the water supply agreement be modified to
permit annual rate adjustments. The current agreement restricts
changes to five year terms and the Council directed the City Attorney
to report back to them on this proposal.
The City Attorney reported that no police power has been exercised
by Zone 7 to obligate the City to enter into an agreement that
would allow for annual rate adjustments and that basically this
is a policy consideration.
It was noted that the current agreement will be effective for an
additional five years and that there cannot be a rate change for
this length of time.
CM-30-2ll
July 21, 1975
(Zone 7 Contract Amend.)
The Council concluded that there would be no advantage to the City
in allowing the annual rate adjustment; however, when the current
contract expires they may give consideration to yearly adjustments.
CM TURNER MOVED TO TABLE THIS ITEM, SECONDED BY CW TIRSELL.
Mr. Parness suggested that an appropriate motion might be for the
Council to direct him to so notify Zone 7.
CW TIRSELL WITHDREW HER SECOND FROM THE MOTION TO ALLOW FURTHER
DISCUSSION, ALLOWING MOTION TO DIE FOR LACK OF A SECOND.
Cm Staley commented that the Council voted unanimously last week
to inform Zone 7 that the Council would talk to them about this
matter in four years - action was taken last week and further
action is not required.
REPORT RE CUP APP. TO
ALLOW AUTOMOTIVE RE-
PAIR & PARTS SALES
IN CO DISTRICT - ACORD Invest.
The Planning Commission has reviewed an application for a CUP to allow
ACORD Investors to conduct the business of automotive repairs
and sales of parts in the CO District, at a site located on the
south side of Olivina Avenue near "P" Street.
The report from the Planning Commission recommended denial of
the application on the basis that the required findings could
not be made, particularly effects on abutting property and con-
ditioning the use.
Mr. Musso gave history concerning the zoning for this area,
noting that the property already has a variance to allow
retail sales to encroach so the issue is not really the retail
sales but rather primarily the auto service. The P.C. looked
at this particular use and felt that the activity would be
detrimental to adjacent property, particularly with respect to
noise that would be generated by auto service.
A communication was received from G. Werner, Olivina Avenue, who
favors the development of the automotive store.
Cw Tirsell stated that she would disagree with the recommenda-
tion of the P.C. for denial of the application and would agree
with the staff recomm~~~~...j:l19J; conditional approval be d"-' ' t,;~>.
given. She stated that^'t.he~ois~ Abatement Committee took
readings for noise levels in that area and it was felt that
additional noise would not be noticeable and that the noise
would not be detrimental. She added that she was also inter-
ested in the staff recommendation for reorientation of the
building.
CW TIRSELL MOVED TO ADOPT THE STAFF RECOMMENDATION TO CON-
DITIONALLY APPROVE THE APPLICATION, SECONDED BY CM TURNER.
James Hillman, attorney representing ACORD Investors, ex-
plained that each nearby resident was contacted and asked
if they would object to the proposed use of the property
by Montgomery Wards and that people did not object to this
use. They obtained signatures of 28 nearby residents who
favored the use. The petition with the signatures was then
handed to the Council.
CM-30-2l2
July 21, 1975
(CUP App. - ACORD Invest.)
~\
~/)
Jack Acord, partner with ACORD Investors, stated that this property
has already been approved to be developed for uses in a small neigh-
borhood shopping center. Their plot plan and elevations indicate
where their buildings will be located and the zone line but the
P.C. felt there might be too much noise generated from the use.
He added that all of the building lines have been approved, and
normally they would just apply for a building permit; however
because Wards has a tire, battery and accessory testing area (TBA)
they need to obtain a CUP.
Mr. Acord commented that they did consider turning the building
around, as suggested by the staff, but they find that this would
not be feasible. He stated that the P.C. seemed to be confused
about what services would be taking place at the automotive center
and asked that Mr. Ashenfelder be allowed to explain the services.
Mr. Ashenfelder explained that Wards will be dealing with battery
testing, tires and shock absorbers and they will be doing nothing
heavy such as installation of mufflers, tailpipes or overhauls
and that they will not be engaged in heavy automobile repair. The
store will be primarily a catalog store open until 5:00 or 6:00 p.m.
and closed on Sundays.
Mr. Ashenfelder then explained the full operations to take place
and illustrated where the various services will be located.
CW TIRSELL ADDED TO THE MOTION THAT THE REQUIREMENT FOR REORIENTATION
OF THE BUILDING BE DELETED BUT TO ENCOMPASS THE REMAINING CONDITIONS
OF APPROVAL, APPROVING EXHIBIT B, SECONDED BY CM TURNER.
Cm Staley stated that he was in favor of the motion until the staff
recommendation for orientation of the building was deleted and that
he favors the recommendation for orientation because he feels it
would be beneficial to the neighbors from a noise standpoint.
Discussion followed concerning Exhibit "B" and Exhibit "C" and opin-
ions expressed as to why one or the other would be more favorable.
John Kohat, 1566 Chestnut, stated that he has lived in this neigh-
borhood for 19 years and that the noise level is very high but he
would be highly in favor of the Council allowing the Wards store
to be developed, as proposed.
Cm Miller stated that he appreciates the op~n~on of the neighbors
and the fact that all of them feel the proposal is perfectly reason-
able; however he does not agree with the staff recommendation to
approve the use. He explained that he does not want commercial
development to expand and does feel that the CO Zoning is the proper
buffer for adjacent residential units. He stated that he feels
expansion of commercial will untimately be detrimental and agrees
with the recommendation of the P.C. to deny the application.
However, if the Council intends to vote against the P.C. recommenda-
tion he feels that the placement of the building, as recommended
by the staff, is more reasonable.
Cm Turner stated that he is in favor of the motion and with respect
to Council concern about being pressured for development if it is
allowed, he feels there is pressure everyday for development in
areas where development is not allowed.
MOTION PASSED 3-2 (Cm Miller and Staley dissenting) .
CM-30-2l3
July 21, 1975
(CUP App. - ACORD Invest.)
Mr. Musso commented that during the discussion it was implied a
number of times that the Planning Commission did not know what
it was doing and did not understand and this is not true. The
P.C. was fully informed and aware of everything proposed but the
ordinance does not provide for "auto repair" in this type of zoning.
RESOLUTION NO. 153-75
A RESOLUTION APPROVING CONDITIONAL
USE PERMIT: ACORD INVESTORS
P.C. MINUTES
The Planning Commission minutes for the meetings of July land
July 15, 1975, were noted for filing.
REPORT RE MAYORS
FORMULA DISTRIBUTION
The City Manager reported that the County requires transmittal
of approved forms and a map indicating local street projects
proposed for application of Mayors Formula gas tax distribution.
These projects proposed will be in accordance with capital outlay
sections of our current budget. It is recommended that a resolu-
tion approving the project list and map be adopted.
ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS
VOTE, THE RESOLUTION WAS ADOPTED.
RESOLUTION NO. 154-75
A RESOLUTION APPROVING PROJECT LIST AND MAP
FOR MAYOR'S FORMULA DISTRIBUTION FISCAL 1975-76
RES. RE WATER FUND
FRANCHISE INCREASE
It is recommended that the Council approve an increase in the fran-
chise payment from the City Water Fund from the current l% to 5%
which would result in an $8,000 increase, in accordance with the
approved fiscal year budget.
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE THE lNCREASE WAS APPROVED.
RESOLUTION NO. 155-75
A RESOLUTION SETTING FRANCHISE FEE
(City Water Department)
Cw Tirsell commented that the reason she voted for the motion
is because the Water Fund is a utility provided with no choice
for those users in the area it is provided - it is not an amenity.
ORD. RE MUNI. CODE
AMEND. - HOTEL TAX INCREASE
The matter of the proposed hotel transient occupancy tax increase
was postponed from the meeting of July 8th. The proposal is for
an increase from the existing 5% to 10%, resulting in an increase
of $40,000.
CM-30-2l4
June 21, 1975
(re Hotel/Motel Tax)
A letter protesting the proposed increase was submitted by the
six motel operators of the City of Livermore in which it was
noted that Dublin charges no tax at all and Pleasanton charges
only 5%.
\
''----~
Mr. Parness explained that the matter has been continued to this
meeting because at the time it was first on the agenda a full
Council was not present.
CM TURNER MOVED THAT THE RESOLUTION BE DENIED. MOTION FAILED FOR
LACK OF A SECOND.
CM MILLER MOVED THAT THE HOTEL TRANSIENT TAX BE INCREASED FROM 5%
TO 6%, SECONDED BY CM TURNER.
Cw Tirsell stated that she would be in favor of an increase from 5%
to 7% and em Staley felt an increase to 6.5% would be reasonable.
AT THIS TIME THE MOTION AND SECOND WERE WITHDRAWN.
CM MILLER MOVED TO INCREASE THE HOTEL TRANSIENT TAX FROM 5% TO
6.5%, SECONDED BY CW TIRSELL.
Duane Beck, Sales Manager for the Holiday Inn, stated that an
increase that will be passed on to the customers will definitely
hurt their business because people will go to Pleasanton or Dublin
if rates are lower. He stated that if there is to be an increase
he feels 6% should be adequate because this is the tax for motels
in the Bay Area.
Marcel Chaparteguy, of the El Dorado Motel, urged that the tax not
be any higher than 6%.
Mayor Futch explained that the City does not want to have to levy
a tax for the motel operators but the City is digging deep into
its reserve funds to operate the City and the hotel tax is one of
the few ways in which the City can obtain additional funds.
Cm Turner stated that he feels it is very important that Livermore
remain competitive with Dublin and Pleasanton and also feels that
the 5% tax is probably sufficient. He stated that people do check
the prices of motels and in his opinion it is wrong to raise the
tax.
CW TIRSELL WITHDREW HER SECOND TO THE MOTION AND CM MILLER WITHDREW
THE MOTION.
CM MILLER MOVED TO INCREASE THE HOTEL TRANSIENT TAX FROM 5% to 6%,
SECONDED BY CW TIRSELL.
David Castro, 2276 Chestnut Street, stated that he is happy to see
the tax increase for motels because the Livermore residents will
be taxed for sewage.
Cm Miller explained that all of us have to pay the increased sewer
service charge, as do all businesses. The motels are not being
exempted from the increased sewer service charge. The City does
not like increasing the sewer service charge but we are being
forced by the EPA, the state and Regional Water Quality Control
Board to have the expensive sewer plants which require the increased
fee.
Cm Staley stated that he can sympathize with the motel operators but
the increase to 6% will result in additional $8,000 to the City and
the City really has little choice but to ask for the additional 1%.
CM-30-2l5
July 21, 1975
(re Hotel/Motel Tax)
Cm Turner stated that he feels it is wrong to place an additional
tax on the motels when the City will gain only $8,000. The $8,000
will do little for the City of Livermore and it may really hurt
the business of the motels.
INCLUDED IN THE MOTION WAS THAT THE ORDINANCE BE INTRODUCED AND
READ BY TITLE ONLY.
MOTION PASSED BY A 4-1 VOTE (Cm Turner dissenting) .
ORD. RE SEWER SERVICE
CHARGE FORMULA - INDUS-
TRIAL SURCHARGE
The introduction of the ordinance concerning sewer service charge
formula was postponed from the meeting of July 8th so that the
staff could gather additional information as to the EPA regula-
tions and whether they postdate the award of the construction
grant for our treatment plant.
Mr. Lee submitted written information for the Council and it was
noted that the attachment of the agreement requires compliance
with federal regulations. It is felt that the ordinance amendment
will bring the City into compliance with federal regulations and
it is recommended that such an ordinance be adopted.
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE, THE ORDINANCE RELATING TO RATES WAS INTRODUCED AND READ
BY TITLE ONLY.
ITEM REMOVED FROM
CONSENT CALENDAR -
RES. RE PARCEL MAPS
A resolution approving Tentative Subdivision Map 3615, (Castilleja
III) has been drawn in accordance with a Superior Court writ of
Mandate.
The City Attorney explained that the reason he asked that this
item be removed from the Consent Calendar was to inform the
Council that they are ordered by the court to approve the map.
Failure to approve the map could result in some action by the
Superior Court of Alameda County. He stated that he would like
the records to clearly indicate that approval is based upon a
court order and not upon anything else.
Cw Tirsell wondered if Castilleja III is officially a condominium
complex and Mr. Muss9~ePlie that it is.
, o&.!'~-
Cm Miller stSii~that t e park dedication is complete only insofar
as the City a judgment but the judgment is being appealed.
He added that the City does not have full dedication of the park
and the portion missing is the Sally property that Gillice is
trying to take from the City.
Mr. Logan commented that Madis, the attorney for Gillice has not
perfected the appeal, explaining that he had a certain number of
days in which to file a notice of an intent to appeal, which he
filed properly. He then has so many days in which to file the
first brief which he has not done and that time has expired.
CM-30-2l6
July 21, 1975
(re Tentative #3615
- Castilleja III)
The City Attorney added that the 44 acres has nothing to do with
the property that the Council must approve under the Court order.
\,
"'--
ON MOTION OF CM TURNER, SECONDED BY CW TIRSELL AND BY UNANIMOUS
VOTE THE COUNCIL ADOPTED A RESOLUTION APPROVING TENTATIVE SUB-
DIVISION 3615.
RESOLUTION NO. 156-75
A RESOLUTION APPROVING TENTATIVE SUBDIVISION MAP NO. 3615
SELECTION OF PLAN-
NING COMMISSIONER
Mayor Futch stated that the Council should be thinking about what
they want to do in the way of selecting a new Planning Commissioner
and suggested that the list not be limited to those who previously
applied because other people have indicated that they are interested
in being interviewed.
Cw Tirsell stated that she also would like to leave the list open.
Cm Miller stated that he is opposed to adding more names because
this would be unfair to those who applied within the time limit.
CW TIRSELL MOVED TO ALLOW PEOPLE TO CONTINUE TO TURN IN APPLICA-
TIONS FOR AN APPOINTMENT TO THE PLANNING COMMISSION, SECONDED
BY MAYOR FUTCH FOR DISCUSSION PURPOSES.
Cm Staley commented that first of all, people have already been
interviewed and if more applications are received and interviews
conducted, it will have been 90 days since the first people were
interviewed and a selection made.
Cm Miller stated that he has been through this before and when
the Council allowed more names to be submitted and interviews
conducted after the first group, it turned out to be a bad exper-
ience. He would agree that everyone who submitted an application
before this time should be allowed an interview but not to begin
receiving additional applications.
Cm Turner suggested that of the seven applicants, if there cannot
be a unanimous decision among the Council for the selection of
one of the seven he would then suggest that the City ask for
additional applications.
CM STALEY MOVED TO POSTPONE THIS ITEM UNTIL AUGUST 18th, SECONDED
BY CM TURNER AND PASSED UNANIMOUSLY.
ADJOURNMENT
Mayor Futch adjourned the meeting at 11:45 p.m.
APPROVE
~)lU/
Mayor
/-
ATTEST
..iAc
)k~-,
/ .'.......Ci ty Clerk
Livermo~~, California
CM-30-2l7
Regular Meeting of July 28, 1975
A regular meeting of the City Council of the City of Livermore was
held on July 28, 1975, in the Municipal Court Chambers, 39 South
Livermore Avenue. The meeting was called to order at 8:07 p.m.
with Mayor pro tempore Turner presiding.
ROLL CALL
Present: Cm Miller, Staley, Turner and Cw Tirsell
Absent: Mayor Futch (Excused for Business Reasons)
PLEDGE OF ALLEGIANCE
Mayor pro tempore Turner led the Councilmembers as well as those
present in the audience, in the Pledge of Allegiance.
POSTPONEMENT OF
ITEM RE KISSELL CONTRACT
Mayor pro tempore Turner commented that he would like to mention
that the attorney for the Kissell Company has requested that
Item 5.1 of the agenda be postponed until August 4th, in case
someone from the audience is interested in this item.
~1INUTES
July 8, 1975
Page 187, last paragraph, line three should read: the OS-UR is
a declaration of intended urbanization in an agricultural area.
Page 188, first paragraph, second line should read: there is a
difference between ultimate urbanization and urbanization...etc.
ON MOTION OF CM MILLER, SECONDED BY CM STALEY AND BY UNANIMOUS
VOTE, THE MINUTES FOR THE MEETING OF JULY 8, 1975, NERE APPROVED,
AS CORRECTED. (Cm Turner abstaining due to absence at that meeting)
OPEN FORUM
(Barking Dogs)
Donald Rawls, 232 Scott Street, stated that he would like to know
what he can do about barking dogs in the vicinity of his home be-
cause according to the ordinance it would appear that he might not
have grounds to file a civil suit - the ordinance indicates that
two other neighbors must also sign the complaint and most of his
neighbors have barking dogs.
The City Attorney suggested that Mr. Rawls visit him at his office
for discussion of this matter, as it has been some time since he
has read the ordinance and would like to review it again prior to
making any recommendation.
(Proposed K&B Low Income
Housing Development)
Jim Ward, 968 Hazel Street, stated that it is his understanding
the Council has not approved development of the proposed K&B
low income housing units but this was also the case with Livermore
Garden Apartments - the Council did not want to approve it but
it was approved.
CM-30-2l8
July 28, 1975
(Proposed K & BLow
Income Housing Dev.)
Mr. Ward stated that there are a couple of items he would like to
inform the Council about, relative to low income housing units:
/-
1) HUD has discontinued all types of funding for group, low
income or low cost housing units: 2) HUD has decided fund in-
dividual families so they can live in a better environment
rather than in one grouped area.
u
He added that he believes low income housing is needed but it
should be handled in a more up-to-date manner, and speaking as a
representative of the Rhonewood Association, would like to inform
the Council that they would be willing to help in any way they can
to see that additional low income housing is approved for their
side of town.
It was noted that this item is scheduled for discussion on August 18
and the Council would appreciate written comments from Mr. Ward or
the Rhonewood Association.
(Complaint Regarding
Council Attitude)
Mr. Morris, 2354 Bluebell Drive, stated that in his opinion the
City Council either ignores or rejects the wishes of the people
of the community and should this Council continue to do as it
pleases, necessary recall elections can and will be instituted
and used. He indicated that this is not a threat but a promise.
em Miller stated that he feels it would be very helpful to know
specifically what it is that Mr. Morris might be referring to.
Mr. Morris stated that he does not have specific information but
is referring to newspaper articles written about the Council every
week and information from the Council minutes.
(Complaint re Motorcycles)
Bill Older, 1524 Hollyhock, complained about the noise from motor-
cycles out in the Springtown area.
Cw Tirsell commented that the City is in the process of obtaining
property for the park to serve the Greenville/Springtown residents
and that the property will soon be posted, patrolled, and hopefully
this problem will be abated.
(re Budget)
Elizabeth Mondon, 5873 Singing Hills, stated that the newspapers
indicated that the public had shown no interest in how the City
budget is to be spent and that nobody from the public attended the
public hearing concerning the budget. She stated that the public
did speak in letters, telephone calls, at study sessions, in
petitions, in Council meetings, to staff members and at study
sessions. She then read a letter she stated appeared in the
~' newspaper about the fact that people do speak out but nobody
( listens, and with recommendations about how expenditures should
be made for necessary projects.
Mrs. Mondon commented that she and other people have no objections
to projects in which the City is engaged; however, they feel that
CM-30-2l9
July 28, 1975
(re Budget)
the pressing needs of the people are for police and fire protec-
tion, developed general use parks, clean streets, good sewer
service, decently paved roads, enlarged job market and good
shopping near home to cut down on driving. She felt that the
money for these items should come out of the original revenue
resources and then, if there is money left in the budget, other
projects could be undertaken or taxes lowered.
u
P.H. RE REZONING OF
ENSIGN BICKFORD
PROPERTY - PORTOLA AVE.
SHOPPING CENTER
A public hearing has been scheduled for testimony concerning the
application submitted by Ensign Bickford Realty Corporation for
rezoning of property located on portola Avenue from RS-4 to CN
District. The property is located at the intersection of First
Street and portola Avenue.
Mr. Musso reported that most of the Councilmembers have gone through
the exercise of allocating a shopping center and this is probably
the last allocation we have, which is recognition of all the exist-
ing centers and the service area. The area to be discussed is a
service area bounded by, roughly, First Street, Las positas, the
freeway and North Livermore Avenue - that's the neighborhood shop-
ping center service area. Another service area talked about was
the remaining area to the north and east (Springtown/Greenville
area). The City zoned two sites for neighborhood shopping centers
and neither of these have developed.
During the P.C. discussion the issue was not whether or not the
General Plan would support a shopping center at the portola loca-
tion, because it does; the issue seemed to be whether or not it
would be timely to rezone it now because of the minimal population
and whether or not development would take place in the Springtown
araea. The P.C. concluded that it would be best to encourage develop-
ment of a shopping center in the Springtown area and rezoning of the
portola site for a shopping center was deleted.
It is anticipated that that approximately 11,000 people will live
in the Springtown/Greenville area at the time it is fully developed
and at this time it is difficult to speculate as to when that num-
ber might be reached.
The portola site would serve a population of about 9,000 which is
enough to serve a shopping center but it was felt that priority
should be given to the Springtown/Greenville area.
Cw Tirsell wondered if Mr. Musso could give a figure for the cur-
rent population in the Springtown/Greenville area as well as the
portola area and Mr. Musso reported that the figures are 3,596
for the Springtown/Greenville area and approximately that number
for the portola area.
It was noted that an EIR was prepared for the portola site, and
that the consultant reviewed the proposal and made little comment
other than he would favor smaller neighborhood shopping centers
with smaller stores and not the large supermarkets.
Cw Tirsell commented that if the City followed the consultant's
recommendation it would mean changing the whole CN concept for
the town.
CM-30-220
July 28, 1975
u
(P.H. re Rezoning of
Property - portola Ave.
For Shopping Center)
Cm Miller noted that the City has been moving in that direction
anyway because of the limited uses on a day-to-day basis.
Mayor pro tempore Turner asked if there was written testimony and
it was noted that a letter was received from Lloyd Haines, attorney
representing Ensign Bickford.
At this time Mayor pro tempore Turner opened the public hearing.
Lloyd Haines, attorney representing Ensign Bickford stated that the
portola property was annexed to the City in 1970, there was an RS-4
Zone designated to the property and it was the owner's understanding
that they could obtain a CN Zoning at the time they wished to develop.
Mr. Musso has indicated that eN Zoning is consistent with the General
Plan and the owner feels the CN Zone would allow the highest and
best use. He explained that the proposal is for a community shopping
center to be developed by Mr. Hutka and that the major tenant shall
be the Tradewell Stores. The intent is to serve the surrounding
area - Sunset Development, portola Hills, Trevarno Road, Springtown,
Greenville and the area east of Livermore Avenue. He stated that
Mr. Fletcher will explain the details of the store which will carry
a complete line of groceries, with the exception of fresh red meat,
at prices comparable to any other grocery store in Livermore.
Mr. Haines stated that in looking at the development of the shopping
center they are looking at construction jobs that will be available
for people and also for jobs that will be created by the new busi-
nesses in the shopping center. He stated that this is not something
to be viewed for the future because the escrow account is open
and with the approval of this Council they intend to proceed with
construction.
Development of the shopping center fits within the policy estab-
lished by this Council (re additional commercial development)
and would also be advantageous to the City in terms of tax revenue.
Mr. Haines then gave a slide presentation concerning the proposed
development, outlining the various elevations of the property.
During the slide presentation Mr. Haines also commented that there
will be a seven acre buffer between the proposed development and
the homes located on Scott Street.
Mr. Haines further stated that they are proposing a project that
is the highest and best use of the property and are talking about
developing a neighborhood center to service the people in the
surrounding area who are in sore need of service of that kind.
It is felt that the project fits within the development that exists,
at this point, in the area and they feel that residential develop-
ment in that area would not be proper. He stated that they are
in the vicinity of a motel, a service station and Codiroli Ford.
Their proposal would be consistent with the development in the
area and they have filed a negative EIR. There is no reason why
this project should not proceed.
/~, Mayor pro tempore Turner asked if Mr. Haines would explain the
other uses planned for this area besides the Tradewell market.
Mr. Haines explained that there will be uses in this project that
will service neighborhoods such as a meat market, drug store and a
shoe repair store. Perhaps Mr. Hutka would be able to give more
information as to which tenants will be located in the center.
CM-30-22l
July 28, 1975
(P.H. re Rezoning of
Property - portola Ave.
For Shopping Center)
Robert Fletcher, Vice President of Tradewell Stores, based in Kent,
Washington, stated that they are the operators of l05 grocery stores
and that 35 of the stores are conventional supermarkets. He stated
that 70 of the markets are Prairie Markets which are food stores
designed to sell groceries to the public identical to foods sold
through the Tradewell stores. The Tradewell stores are much like
Luckys and Safeway, etc. The prairie Market differs in that it is
a low overhead operation.
~
Mr. Fletcher stated that during the Planning Commission hearing there
was a great deal of time spent on discussion of the difference in a
conventional food market and a prairie Market and he never did get
the opportunity to explain the similarities. The major similarity
is that they are selling the same products as in the Tradewell stores
- national brands and from the same warehouse. As far as locations
are concerned, they have converted some of the Tradewell stores into
prairie Markets and some of these are in neighborhood shopping centers.
They have just purchased a supermarket from one of the largest chain
operators in the country and opened the store a couple of weeks ago
as a prairie Market. He has ujust consumated the purchase of three
conventional supermarkets in California, specifically in a neighbor-
hood shopping center, in Woodland, Madera, and Hanford, all with
populations much less than that of Livermore. The point is that
they couldn't serve the entire community of Livermore with one
20,000 sq. ft. store. The Planning Commission asked if the store
would draw people from the entire community and he answered the
question affirmatively. It only stands to reason, however, that
the people closest to the store will use it the most. He stated
that once again he would like to emphasize that the products to
be sold in the prairie Market would be the same as those sold in
their conventional supermarket, with the exception of fresh red
meat, and that they sell for less by reducing the overhead in
every area they can.
Mr. Fletcher added that of the present 70 Prairie Markets in opera-
tion, he has personally selected each site and he has never been
denied a building permit where property has been zoned to allow a
supermarket.
Mayor pro tempore Turner commented that the Council has a copy of
the transcript from the Planning Commission meeting and that most
of the details concerning operation of the store are included in
the transcript.
Ed Hutka, l019 Angelica, stated that he would like to say he is
perhaps concerned more about the east part of Livermore than
anyone present because he has his life efforts sitting on First
Street. Since requesting the rezoning they have had inquiries
from drug stores, concerning occupancy in the center, and that
inquiries will not be received from the little shops until the
City has given approval. About every three months they tell
someone with a small repair business, that there is no place
for them to locate, such as shoe repair and barber shops. They
feel there is a demand for these services and at present there
is no place for them to locate.
Mr. Hutka added that in viewing the site, the hills in the vicinity
are rather beautiful; however proper landscaping which would be
required would be a greater asset to one of the entrances to the
City.
CM-30-222
(\
(
(
July 28, 1975
(P.H. re Rezoning of
Property - Portola Ave.
For Shopping Center)
Mr. Hutka stated that he wanted to know if the prairie Market opera-
tions were similar to "Big John" markets so he visited Kent,
Washington, to find out what they were like. He saw very large
warehouses and something like 15 rail cars inside the warehouses
besides large trucks for transporting foods to California.
He stated that in visiting the operations and after doing a
credit check he felt confident that he would be dealing with
one of the strongest companies, on the basis of ability to
operate the most sound markets he could possibly find. He then
presented photographs of prairie Markets he has visited in Stockton
and Santa Rosa and assured the Council that the market would be
pleasing in appearance and that they would be happy to work with
the Design Review Committee.
Mr. Hutka stated that in visiting the stores he found that they had
fresh vegetables (many of which other stores purchase), ice cream,
eggs, and everything other stores have to offer. People mark the
prices of items with a grease pencil and the carts are such that
a case of merchandise can be carried in the customer's basket.
He added that he does not generally purchase groceries but has been
told by his wife and other people that the prices at prairie Markets
are substantially less.
Mr. Hutka stated that if the prairie Market were to be located in
this area the City would find that the people north of I-580 would
save perhaps as much as two miles of driving in each direction,
there are 1,300 homes and they would save four miles once a week,
for example, a savings of 270,000 miles a year @.15/mile to equal
a $40,000 savings, plus less air pollution. The $40,000 saved
could be used somewhere else in improvements and recreation north
of I-S80 and this might be an asset the City might be passing up.
He would strongly recommend that the Council consider these points.
David Tritsch, 2l6l Bluebell Drive, Chairman of the North I-S80
Citizens Committee, stated that at their last general meeting
by a large majority passed the following proposal:
"Whereas the nearest shopping area is located on Railroad
Avenue and "P" Street, which is on the other side of the
Southern Pacific making it a distance for our citizens to
travel, a 4 to 6 mile distance for their day-to-day shop-
ping needs. Whereas the City of Livermore has shopping
centers in the southeast, southwest, and western part of
the City but it does not have any in the northeast portion
of the City, thus making an unbalanced convenience to its
citizens. It is obvious that the North I-580 area will
not have sufficient population to justify a shopping cen-
ter for a number of years; therefore, we do recommend to
the City Council to make plans for CN Zoning of Portola
and First Street which will save several miles of travel
for our citizens and will reduce air pollution and conserve
energy and will aid in a better balance in our community
between the residential, commercial, and industry."
Mr. Tritsch stated that a copy of the proposal was delivered to each
Councilmember last Monday night. A vote in favor of this zoning
will increase the City's income, through taxes, it will help the
local economy both in construction and operation and it may reduce
the smog level due to less driving as well as to conserve energy.
Cm Staley asked if the I-580 Homeowners Group is made up of home-
owners north of I-580 and Mr. Tritsch replied that the Group is
comprised of residents north of I-580.
CM-30-223
July 28, 1975
(P.H. re Rezoning of
Property - portola Ave.
For Shopping Center)
Cm Staley asked how large the I-580 group is and Mr. Tri~8ch indi-
cated that it is difficult to say but the average attendance is
from 35-75 people. He stated that at their last meeting there
were three dissenting votes on the proposal stated above.
/\
Cm Staley stated that the group should understand that if the
Council votes in favor of the CN Zoning it is not a guarantee that
any of the particular uses discussed, would be allowed. In fact,
if CN Zoning goes in this particular area it would be more unlikely
that there would be a shopping center north of I-580 for an appre-
ciable period of time.
Mr. Tritsch stated that this had been a consideration of the I-SSD
Group but they felt that the portola Avenue Shopping Center would
be a compromise because they feel they will never get a shopping
center over in their area anyway..
.stii~v t9K'. ~(!'.e...
Cw Tirsell asked if people do not want a shopping center in
the Springtown area and Mr. Tritsch stated that he can't speak for
the whole Group but there are some of the people who really do not
want additional shopping north of the highway but a shopping center
at the portola Avenue location would meet some of the needs imme-
diately. Studies indicate that it will be between 10-30 years
before the population north of I-580 would warrant a shopping
center. They would rather have one at this time south of the
highway.
Cw Tirsell stated that for the sake of interest she would like to
know why anyone would not want shopping facilities in their area.
Mr. Tritsch stated that, frankly, he likes it out there the way it
is with the rural atmosphere. They have all the City conveniences
but are in the country, for all practical purposes. He, personally,
prefers it this way.
Elizabeth Mondon, 5873 Singing Hills Avenue, stated that as one of
the dissenting three, she would like to clarify her reasoning for
not voting in favor of the proposal read by Mr. Tritsch. She would
like to see the City Council and staff allow a little bit more
growth in that area so they could have a shopping center north of
I-580; however, the estimates as to when there might be facilities
in that area are probably conservative and even the three dissenting
votes agree that shopping at the portola site would be better than
no shopping facilities at all for 30-40 years.
Mayor pro tempore Turner asked for some clarification as to the
North I-58D Group membership and asked if the membership includes
residents of Springtown.
Mr. Tritsch stated that they advertise their meetings in every area
north of I-S80; however, there have been very few Springtown resi-
dents attending their meetings - there have been a few from time to
time.
Harold Ames, 366 Scott Street, speaking on behalf of all the people
on Scott Street, stated that the valuation of the homes on that
street is over a million dollars. As far as he knows neither he
nor anybody else on Scott Street asked the people north of the
freeway to go out and live where they are. They live there of
their own free will and they did it to save money, he would guess.
If they want a Shopping center, put in out there - why back it
onto Scott Street. He stated that in talking about development
for this small parcel it reminds him of the story of the Arab and
the camel, which he narrated.
CM-30-224
July 28, 1975
(P.H. re Rezoning of
Property - Portola Ave.
for Shopping Center)
If commercial is allowed to begin, that whole area will become
commercial. He added that the developer doesn't know when to stop
building as long as he can continue to make a dime and he really
can't blame him, but these are the facts.
l_
Mayor pro tempore Turner stated that he would like to clarify some-
thing and asked if Mr. Ames personally spoke with all of the resi-
dents on Scott Street and that they are opposed to the development.
Mr. Ames stated that he did speak with every resident that was home
over the weekend and that he did not speak with each one because
some of them were not home.
Mayor pro tempore Turner asked if Mr. Ames could give a percentage
of the number of people who were opposed to rezoning and Mr. Ames
felt that approximately 80% of the Scott Street residents were
opposed to the rezoning.
Cm Staley asked if Mr. Ames is opposed to any commercial zoning
for this particular area and Mr. Ames commented that he sees no
reason for commercial zoning - they should put in condominiums in
this area because this is what it is for.
Melvin Kirby, 5376 Scenic Avenue, stated that he has worked in
Livermore for three years, stated that it is his understanding that
the EPA says it will be nearly 40 years before they can have any
more homes in the Greenville area but additional homes are what
they need to qualify for enough citizens to get a shopping center
built. He asked how long the people in that area have to continue
to pay taxes without facilities. He stated that a lot of people
are opposed to a shopping center north of I-58D but he needs a
place for his children to go to school and he is caused a lot of
inconvenience.
Mayor pro tempore Turner stated that he is getting lost with Mr.
Kirby's statement and would appreciate it if his remarks would
be made with respect to the proposed shopping center and not the
schools, etc.
Mr. Kirby stated that he feels they really need the shopping center.
If there are more supermarkets in an area, especially for the north
side of Livermore, the revenue from that area would go to build
that area. He added that their primary need is for a grocery store,
and not like Luckys or Safeway - they need a store such as the one
proposed with lower prices.
Nicholas Chakakis, 320 Michell Court, stated that he lives fairly
close to where the proposed shopping center is to be built. He
does not object to the desire of the I-580 people for a store but
he would have to agree with Mr. Ames in that if they want a store
they should get one north of I-580. He strongly objected to develop-
ment of commercial behind his house and emphasized that he does not
want it. Mr. Hutka has indicated that his life's work is on First
Street but would like to point out that there are about 300-400
property owners west of First Street who have their life savings
in their homes also and this is many more than one.
~ Bill Crickett, Scott Street, stated that he is in favor of another
shopping center, particularly the one proposed, because the other
three shopping centers are some two miles away from this area.
Mr. Ward, 3536 Murphy Street, asked about the buffer zone and
just what portion comprises the buffer, and Mayor pro tempore
Turner asked the Planning Director to illustrate the buffer zone
on the map, (which is the westerly portion) .
CM-30-225
July 28, 1975
(P.H. re Rezoning of
Property - portola Ave.
for Shopping Center)
Don Rawles, 232 Scott Street, stated that he would like to support
the opposition expressed by both Mr. Ames and Mr. Chakakis. He
feels the CN Zoning would be a very inappropriate use for the
area. At the time he purchased his home there was no development
on the south side of First Street and in his opinion the develop-
ment which has thus far occurred has created a deterioration of
property values, including his property, because of the way it
has been developed. Now there is an application for development
north of First Street.
David Eller, stated that he does not live in any of that planning
area so he is more neutral but would like to comment that there
are many small cities with a population the same as the Greenville
North/Springtown area, and they have a smaller supermarket. Rather
than a large supermarket they have a small one and would suggest
that this type of planning be considered to accommodate the north
I-580 residents.
Cw Tirsell commented that this is the fervent hope of the Council
for the people north of the freeway. Last year the Council even
annexed an additional piece into commercial zoning so that there
would be two sites available for marketing. The City doesn't
market the land, however; the man who owns the land markets the
land. She stated that she does know that some food lines are
looking at diversification and going into things such as the
one suggested, rather than going into huge markets. The City
hopes that markets and other uses would be interested in the
two available commercial sites north of the freeway.
Mr. Eller stated that he certainly can sympathize with these
people and the things they need in their area. He stated that
he heard people say that some people do not want commercial
development out there but people want to have their cake and
eat it too. When people moved out there, did they realize there
was no shopping area there, or did they believe something was
just around the corner?
Cw Tirsell replied that the developer did lead the people to
believe that there would be commercial development but the City
did not promise these things.
Mr. Eller stated that in his opinion Mr. Hutka's development
on First Street is one of the biggest eyesores in Livermore
and would like to see this area improved before anymore com-
mercial development is allowed.
Mr. Haines s~ated that he can sympathize with the concerns of
the residents on Scott and Michell Streets that development will
occur adjacent to their property but people wshould realize that
this property is surrounded by main thoroughfares and one must
take into consideration the surrounding area. The applicant
feels this would be the best place to put a shopping center.
This area is on a heavily traveled street and the decision is
that this is a good location for the proposed development.
with respect to the size of the proposed market, the City has
the right to review and approve the plans and to make sugges-
tions. It is not the developer's intention to corne in with
something that would be considered an eyesore. As far as
commercial development north of I-580, using a growth factor
of 2% growth per year and using the figures that the population
requires to support a shopping center, it could be as long as
50 years away. They have a project right now that will service
the area north of I-580 and it is felt that the benefits derived
will far outweigh the burden on the homeowners around the proposed
site.
CM-30-226
July 28, 1975
c
(P.H. re Rezoning of
Property-Ist & Portola Ave.
for Shopping Center)
David Eller stated that he feels the idea for this type of supermarket
is a wonderful idea, but not for this area - it should go in someplace
else.
Bill Older, 1524 Hollyhock, stated that he has heard remarks such as
rumors that there will be a market place near the motel but this will
never happen. He has spoken with a number of homeowners in Spring-
town and 80% of these people are not particularly interested
in whether they are going to Luckys or another store to pick up their
pound of bacon. What they are interested in is getting the railroad
moved back and getting good stores into the new downtown development
area. They would certainly be against any local development that
might draw away and limit or deter the real progress of getting big
stores into the downtown area. People want a good store and a big
store such as Longs, and good department stores. They want what they
hope to get downtown and that is what the people of Springtown are
waiting for.
Cm Miller stated that it was his understanding that there was testi-
mony at the P.C. that, in fact, Tradewell intended to draw not only
from the rest of the community but from the rest of the valley and
possibly from Tracy because of the nature of this store being essen-
tially a food discount store.
Mr. Fletcher stated that this question carne up during the time there
was discussion concerning the difference between a Prairie Market and
a Tradewell store. It is true that the prairie Market will draw some
people from other parts of Livermore. He stated that he happens to
have a wife that will spend $5 on gas to save $4 on groceries and a
lot of people will do this. He stated that they do not try to get
business from people outside of the area they are serving but he
noted that if a supermarket runs an ad in the weekly supermarket
specials section people will go to a store outside their area for
a bargain. If they have lower prices, the word will travel and they
will get people who will travel long distances to take advantage of
lower prices. Their primary concern is to serve the people in the
immediate area, however.
Cm Staley stated that he would be interested in knowing the plans for
the remaining seven acres.
Mr. Musso commented that one proposal was to provide a small park
at the end of Murphy Street and the other was to extend Murphy
Street and bring it out to either First Street or Portola Avenue,
or even possibly to create a cul-de-sac and possible clustering of
houses.
At one time there was talk about providing a combined residential
and Shopping center type of development where the residential would
be mixed in with the commercial development.
(
\
Mr. Haines stated that at this time due to the sewer situation his
client has no plans for any development in the other area but
certainly if future plans were anticipated they would comply
with any City regulations or any City recommendations. At present
there is no effort to develop any of the seven acres - it would
act as a buffer between the commercial development proposed
and the homes.
Cw Tirsell stated that this is surely recorded as a lot of record
which would be included in the sewage allocation and Cm Miller
noted that this is true but would be counted as only one sewer
connection.
CM-30-227
July 28, 1975
(P.H. re Rezoning of
Property lst St. & portola Ave.
for Shopping Center)
Russ Morris, Bluebell Drive, commented that there has been a con-
siderable amount of discussion but would like to add that for his
family it is necessary that they travel approximately 12 miles a
week, round trip, making two trips a week into town, and arnounts
to 45 gallons of gasoline a year for a car that gets 25 miles to
the gallon. If this is multiplied times the number of homes in
the north I-SaD area, it arnounts to a substantial amount of gaso-
line used just to drive to the downtown area, not to mention the
inconvenience.
Nick Chakakis stated that the people north of I-SaD could save a
lot more gas if they put a supermarket over there.
One member of the audience stated that he still doesn't understand
what is proposed for the buffer strip and asked if this is also
to be rezoned or if it will remain RS-4.
Cm Miller stated that presently the seven acres proposed as a
buffer will remain RS-4 even if the portion near the gasoline
station is rezoned to commercial.
ON MOTION OF CW TIRSELL, SECONDED BY CM STALEY AND BY UNANIMOUS
VOTE, THE PUBLIC HEARING WAS CLOSED.
Cw Tirsell asked if the Council discussion will lend itself to
rezoning to CN and the concept of commercial neighborhood develop-
ment, or is the Council going to discuss this particular applica-
tion and what it entails.
Mayor pro tempore Turner stated that the application is for rezon-
ing to CN and it is understood that a Tradewell store will probably
go in there. He would suggest that the Council discuss the re-
zoning and whether or not it would be appropriate for the area.
Cw Tirsell stated that she believes past history is a very good
planner, in a negative way, for a City, and also in a positive way.
The past history of this City with planning shopping centers has
not been an altogether happy one for two reasons: I) they have
been planned too close together, and 2) planned without sufficient
people to carry the uses. This is an example of the shopping cen-
ters the Council worries about such as the Vineyard Center and
the East Avenue Center. The City worries about these shopping cen-
ters because the uses change in them and they are not continuing
neighborhood uses. The City has to allow lots of commercial uses
that serve a broader area than just a neighborhood and they are
not viable uses. They don't stay for 20 years to develop a clientele
of loyal neighborhood shoppers - they are in and they're out.
Cw Tirsell continued to say that during her term on the Planning
Commission they reviewed all of the neighborhood planning in town
and determined that we have too much commercial neighborhood in
town because our shopping centers were in trouble. At that time
three shopping centers were in trouble. The way you know they
are in trouble is because the merchants come to the P.C. and ask
for a variance in uses - they want uses that are not traditional
neighborhood uses and the reason for this is because there are not
enough people in the area to support the traditional, hard core,
neighborhood uses that a commercial neighborhood area is designed
for. One booming shopping center in this town and perhaps an
example of all good neighborhood commercial would be the Granada
Shopping Center, which serves about 15,000 people. She stated that
she can remember the time uses could not stay there because the
population for it was too small. It took a long time to establish
good viable uses in that shopping center.
CM-30-228
\,
!
/
(
July 28, 1975
(P.H. re Rezoning of
Property-1st St. & Portola)
Cw Tirsell added that to go back to shopping centers: I) where
they are placed is crucial, 2) when you place them on the lower
edge of the area they are to service they will not be able to
draw from the entire area. If you look at the placement of this
one you can see that it will not draw from the south at all. If
you look at the placement of the Vineyard Shopping Center, which is
a shopping center in trouble, and where the uses do not stay, you will
notice that the lower edge does not draw from the south at all. It
doesn't draw more than about half of its population area. The pro-
posed shopping center on portola also would not draw from the south.
Cw Tirsell pointed out that another thing that is a worry about
commercial neighborhood, besides the fact significant population
is necessary, is that one neighborhood commercial affects another
because the uses change back and forth and they are competitive
back and forth - it is not a viable, steady, business so that you
could depend upon a drug store in each center. However, the drug
stores and food markets tend to be the most long lasting uses, and
sometimes a hardware store stays. One center can very much jeopardize
another center, as in the case at East Avenue and the Vineyard
Shopping Center. Those two shopping centers do not have the
population base to serve them, the uses do not stay constant,
and therefore both of them affect each other and neither are viable
shopping centers.
Cw Tirsell stated that this is the first time she has heard the opinion
that people north of I-580 don't want any commercial out there,
although in walking in that area she was aware of the fact that
a lot of people want it to remain rural, because she met people
who indicated this when she walked the entire area. The opinion
is split, to some degree, but she did not know there was a desire
to have it noncommercial. The City does want commercial development
for that area and because there is a lack of population it does
look like it might be some time before commercial development will
be realized. She stated that she is of the opinion that the portola
Center would forestall development out there, perhaps forever, and
in her opinion getting a little bit now would not serve their needs
because with just a little market available they would still have
to get back into their cars and drive downtown for the other uses
they would like in their neighborhood shopping center. This would
not represent a savings - no time would be saved in driving to the
Portola Center and then driving to another area for the other required
items.
Cw Tirsell felt that at this time the population of the area does
not warrant a shopping center and she is not sure the placement
of the shopping center would not make viable shopping at some time.
The people on Scott Street and in that area should look at good
planning lines because two major streets intersecting does tend to
be a good shopping area. The City would be very careful as to how
Scott Street would be buffered and as to how any area between the
shopping and Michell were handled. She stated that she does feel
this is a good area for a shopping center but at this time such
planning is premature and for this reason would vote against the
rezoning AND MOVED THAT THE COUNCIL SUPPORT THE RECOMMENDATION OF
THE PLANNING COMMISSION FOR DENIAL OF THE REZONING REQUEST, SECONDED
BY CM MILLER.
Cm Miller stated that people who represent North I-58D, as well as
the developers have made what he considers to be meritorious argu-
ments, and he has considered those arguments presented to him at
some length. Material has been very graciously given to him by the
developer, in detail, which he appreciates and he has discussed this
issue with the people from the Greenville North area, has heard their
reasons and can understand their arguments.
CM-30-229
July 28, 1975
(P.H. re Rezoning of
Property - lst St. & portola Ave.)
Cm Miller commented that some of the arguments made by the Green-
ville North people, which make sense to him, are the questions of
reducing traveling and shortening the distance to a store and the
conservation of energy as well as their need for some kind of con-
venience, as constrasted with what is available elsewhere in the
community. However, there are arguments on the other side having
to do with the City, as a whole. He would have to agree with Cw
Tirsell in that there is now too much CN Zoning in th~ City. He
agrees that anything developed in this portola area will pre-empt
any conceivable neighborhood shopping in Springtwoown. Assuming
that something gets built, he would like to call to the attention
of the people living in Greenville North, that they have been
listening to developers' promises for a very long time and the
developers' promises, starting with Bevilacqua through Kissell
who promised them a park but didn't own the property, have shown
that promises do not necessarily result in delivery. He believes
that the most meritorious thing, having to do with zoning up
there, is an atte~p~ to encourage the devel9pment of a smaller
store along the lines Mr. Eller has suggested, which corresponds
more closely to the population there. It would be large enough
and bigger than the "Speedy Mart" presently located on Las Flores.
It would be nice if they could get a store more competitive with
respect to prices, larger than the little store which is out there
but smaller than the downtown Luckys size because the point has
been made quite clearly that it would be a long time before their
population could support a full scale supermarket. It appears
that there is a trend towards smaller stores and it certainly is
true that a store in the Springtown area would save a lot more
gas than a store down at the portola area. He would suggest that
everyone's efforts should be devoted towards encouraging development
in a Springtown location which is convenient for everybody up there
and for those who do not really want a commercial area near them,
at least the Springtown locations are about as far away from Green~
ville North as you can get and still be north of I-SaD.
Cm Miller felt the use, itself, is an excellent use, it would be
good for all of us in the City. He would like to encourage it
but it is not exactly a neighborhood commercial use and he would
be willing to bend on that one if it were to locate in Springtown.
He feels that such a trade-off would be reasonable, but not for
the portola location. He added that there are reasons on both
sides of the argument and it certainly is not an easy decision
to make, but most of the weight stands on the better planning
and says that the City should not turn this area into CN Zoning.
Cm Staley stated that he understands that our current ordinance
provides for 4-6 acres of CN and the application is for 6.6 and
wondered what this means if the application is approved. Does
this mean that if the application is approved the City has granted
a variance to the normal size of the neighborhood commercial?
Mr. Musso replied that the new CN Zoning District regulations
which allow a larger center are pending in the City Attorney's
office and presumably these have passed the P.C. and the Council
and may be adopted. If the Council would change their mind about
the larger centers it would require either reducing the arnount
of commercial requested, or a variance, as was granted in the past.
At one time they had a variance for a little larger shopping center
at this location. Actually, in this case, the CN site would be
larger than the 6.6 they are requesting because the existing gas
station site would be included within this zoning action.
Cm Staley stated that if this property is rezoned to CN, it does
not mean approval of the shopping center plans - this would be
subject to a separate hearing and action and asked if this is
correct.
CM-30-23D
~
~
(
\
July 2a, 1975
(P.H. re Rezoning of
Property - 1st St. &
portola Avenue)
Mr. Musso commented that if it is in accordance with the CN
Zoning Ordinance, it could be approved at the staff level.
Cm Staley stated that first of all he would like to say he agrees
with the comments made by Cw Tirsell in that the CN Zoning in the
City is excessive. This zoning is creating real problems in compet-
ing uses and at the P.C. level he voted to deny this application
based on what he felt were three important arguments: l) that this
type of store would not be a neighborhood use because at that time
it was his understanding that nothing perishable would be sold, such
as vegetables, milk, etc.; 2) the population in this particular area
is not adequate to support a neighborhood shopping center, although
he believes that the calculations used did not include the Springtown
people.
Mr. Musso replied that this is correct.
Cm Stalyey continued: 3) the North I-580 citizens have been requesting
a shopping center and shopping facilities for several years and it
certainly has been the intent of the City to do everything possible
to provide them with one. In fact they have zoned two areas out there
commercial and the City would like to see it developed commercial but
it just hasn't. 4) The P.C. felt if portola were to develop it would
effectively forestall, possibly forever, any real neighborhood commer-
cial development in Springtown.
Cm Staley pointed out that he wants it clearly understood by the
people north of I-580, that there will never be any commercial
development in their area for the next dozen years. Also, if
only the Tradewell Store were to go into this area, and no other
stores, this may effectively keep any other commercial development
from going in, north of I-58D. He stated that these are his concerns
and would like to ask if the people really understand what this could
mean and if the people would rather have shopping at Portola and First.
David Tritsch, Chairman of the North I-SaD Group, stated that the
Group has a variety of opinions and one of the opinions is that
the Council feels if land is zoned commercial, north of I-580, it
is like planting sunflower seeds in concrete hoping they will grow.
He feels it is ludicrous to ftry to force industry or commerce to
that area. Secondly, the land values, as reported to the people by
the developers, have been such that stores are not able or willing
to take the large venture to go in. Right now there is an applicant
who wants to go into an area and wants that piece of property - they
don't want the other side (Springtown), and who are you or who are
we to say to a person or group that they can't go in where they wish
but must go in someplace else. This can't be done. We have free
enterprises and they must be allowed to establish where they can
survive. He would also like to point out that it was mentioned
that a shopping center should be located on a major through street
and reminded the Council that Springtown does not have these through
streets, such as First Street and portola Avenue.
Cm Staley stated that his question really wasn't answered and repeated
the question.
Mr. Tritsch stated that the people understand that development on
portola might pre-empt development in Springtown for many, many years.
However, it is obvious that regardless of what happens there will not
be development in Springtown for years anyway and their vote for Por-
tola is a reasonable compromise.
CM-3D-23l
July 28, 1975
(Re Rezoning of 1st St. and
Portola Avenue for Shopping Center)
Mayor pro tempore Turner stated that, originally, he was in favor
of this project but has somewhat changed his mind for the follow-
ing reasons: l) there was a comment made that it will probably
be 50 years before there is a population base north of I-S80 that
would justify a shopping center which is based on our present pro-
jected growth rate of 2% per year up until 1980 and at this time
the growth rate will be reviewed again. 2) We are in the process
of applying for increased sewer capacity which would allow for
more residential building permits. 3) I-S8D is an area the City
.~~ wants to fill in with residential uses. 4) To rezone the portola B~,
~::~~=pr~~ln~~~sr~;~,~~i~~~+f:~{~5)l~~~-i~i::i:~1~:~; ~::o/~e)JI~.
oomf9r~ab18. 5) It will take a long time for the center to
establish itself, as Granada did.
Mayor pro tempore Turner stated that the overriding factor is that
it is projected for residential use, people residing near the pro-
posed rezoning site are overwhelmingly opposed to the rezoning and
thereAis no guarantee that the buffer zone will not go commercial
.~ be~~ tnere would.be E;~~~~r~~9~ the City to allow more commer-
~'Y cial in ~~tr~~6Pl~the immediate area certainly do
~. . have some rights also. This store is something he would really like
to see locate in Livermore but not at that site and he would also
go along with the recommendation of the P.C. to deny the rezoning.
Cw Tirsell stated that she feels the prairie Market sounds like an
innovative type of shopping for the homeowners which would attract
the whole community and be an excellent competitive use in Livermore.
We have an abundance of land available for such use and she feels
that this is something our community would support and the Council
would like to see them locate here.
Cm Staley stated that he now believes this type of store would be
appropriate in a neighborhood shopping center, if the only thing
they don't sell is fresh red meat. The testimony of Mr. Fletcher
from Tradewell is that they are primarily a neighborhood store
and would, in fact, draw from the whole town. This is true of
most stores because occasionally one will drive to a supermarket
if they have a particularly good buy. He stated that he is very
concerned, however, about the population in the area to support
the center and at best it would seem to be very marginal. He
does feel that a convincing argument is that the people north of
I-580 have to drive a very long way tn oraee to get groceries.
One of the things this Council has wanted to do is to somehow cut
down vehicle miles and he does not believe that development will
take place in Springtown for many many years, whether or not this
application is approved, and that this factor overrides what he
might otherwise decide. He would have to vote to override the
recommendation of the P.C. and approve the request for the rezoning.
Mr. Haines stated that he does not believe the calculations made
by the staff for the neighboring population took into account the
Springtown people, the people on Trevarno, Portola, etc. because
they believe the store would be serving about ID,ODO. Secondly,
it is not intended that people will have to drive to another area
to obtain other necessary items because this is a planned develop-
ment in which they intend to have a meat market, a barber shop,
a drug store and other neighborhood uses. They are ready to begin
upon approval of the Council and they already have a major tenant
which they must have to attract other types of uses. He stated
that shopping centers which are having problems are in close
proximity to one another and this would not be the case with this
proposed center - there is nothing close.
Cw Tirsell then asked Mr. Musso to read the definition of a neigh-
borhood shopping center to Mr. Haines, from the Ordinance.
CM-30-232
July 2a, 1975
(P.H. re Rezoning lst St &
Portola Ave.-Shopping
Center)
Mr. Musso stated that relative to the population calculations, the
staff spoke only to the Springtown/Greenville population because
this is a rather defined service area in which population is a
significant factor. On the south side there is an overlap which
is recognized but feels that the population was not that significant.
This is the reason the staff didn't get into the other population
because the store certainly can and would draw from beyond Livermore
Avenue.
Mayor pro tempore Turner stated that the overriding factor in his
decision to vote against the rezoning is because of the testimony
from residents in the jmmediate area and ueala liJ(~ te JtR8u B8u
the appl.ican.t COUld^9ua. ran tee that there w$>uld be a buffer strip.:......., f
{j, -;ou-<'UJ-.-"'~ A..u~~;dN~ /.A-c-rn (!" )-y>.?-YJ-<!..~Ld..-~ -e--~-<!-k6-~~~. ~0('~a~.,i>
Mr. Goldberg from Ensign Bickford stated that there has been talk
about the rights of the residents of the area but they feel there
is the issue of rights of the owners of the property as well. He
stated that they have owned this land for many years and the map
they have shows CN Zoning and this site is CN on the General Plan.
People who have bought in that area know it is CN Zoning. As far
as the buffer is concerned, they are reasonably happy with the RS-4
zone as long as within the reasonable future they can get sewer con-
nections which will allow them to proceed with development. He
stated that he does not have a detailed plan for development of that
area but it is not their intention to expand the neighborhood Shopping
center into the residential buffer - they would be happy with the
residential. They have considered some type of cluster development
with a neighborhood park. He stated that the real issue is the
concern of neighbors as to how this shopping center will look and
they can assure everyone that it will look good because they intend
to do it themselves. It is not a question of the need for this type
of store in Livermore because everyone has indicated that they would
be in favor of a Tradewell store and a discount market would be highly
beneficial to the community.
Cw Tirsell stated that she has been through three hearings on this
issue and it is very clear that the neighboring residents do not
want commercial development. It happens that this is a very small
public hearing but she has been to public hearings where there have
been 20 people speak against the commercial development time after
time, and this is the reason for having the public hearings. The
Council wants to know what the people want for their town. The people
in this area have been active for years on this particular piece of
property, they lobby effectively, and have good positions on it.
Melvin Kirby, stated that he has known many people who have moved out
of the Greenville/Springtown area because of the lack of facilities
and if the EPA won't allow further development, how will they ever
get their needed facilities? Also, the residents in the Portola
Avenue area must have known that there was CN Zoning when they
purchased their homes but they moved in there anyway.
Cw Tirsell commented that the homes were there many years before
this piece of property was annexed to the City.
Mr. Kirby stated that in order for Springtown to get any facilities
/~ there must be the population to support it and yet people are moving
out of there because there are no facilities. If a developer does
develop in Springtown he will not draw people from the rest of the
community because it is too far away; however if someone develops
on Portola he will get the people from Springtown/Greenville as well
as a large portion of Livermore. He stated that he goes to Dublin
to shop because of the "damn" inconvenience to get downtown.
CM-30-233
July 28, 1975
(P.H. re Rezoning of lst St. &
portola Ave for Shopping Center)
AT THIS TIME MAYOR PRO TEMPORE TURNER CALLED FOR THE QUESTION AND
THE MOTION TO DENY THE REQUEST FOR REZONING PASSED 3-1 (Cm Staley
dissenting> .
Cm Miller stated that there is one point that should be mentioned
and that is that EPA has never said that it would be 40 years be-
fore there can be further development - no prognosis has been made.
A lot of statements have been made about who says what and what is
going to happen, that are not true. It is true that it will be
awhile; however 40 years is a number nobody uses and is one that
somebody has fabricated.
RECESS
Mayor pro tempore Turner called for a brief recess after which
the Council meeting resumed with all members present, as during
roll call.
P.H. RE SEWER SERVICE
CHARGE BILLING AND
COLLECTION METHOD
Annually a public hearing must be held to receive protests on the
method of billing and collection of residential sewer service
charges. As in past years the method to be used is inclusion
with the property billings as distributed by the County tax
collector.
At this time Mayor pro tempore Turner opened the public hearing.
THERE BEING NO PUBLIC TESTIMONY, ON MOTION OF CW TIRSELL, SECONDED
BY CM STALEY AND BY UNANIMOUS VOTE, THE PUBLIC HEARING WAS CLOSED.
CW TIRSELL MOVED TO ADOPT THE RESOLUTION ADOPTING METHODS TO BE
USED FOR BILLING AND COLLECTION OF SEWER SERVICE CHARGES, SECONDED
BY CM STALEY AND PASSED BY UNANIMOUS VOTE.
RESOLUTION NO. IS7-7S
A RESOLUTION ADOPTING REPORT OF CITY FINANCE
DIRECTOR RE SEWER SERVICE AND USE CHARGES.
CONSENT CALENDAR
Method for Signing Checks,
Selecting Depositary
Our local banking institutions have a policy calling for the
revolution arnong the various local offices which calls for a change
at this time. This effects our active deposits only - payroll and
warrants.
RESOLUTION NO. IS8-7S
RESOLUTION ADOPTING A MECHANICAL METHOD FOR SIGNING
CHECKS, SELECTING A DEPOSITARY AND PROVIDING FOR
THE NAMES OF THE OFFICERS AUTHORIZED TO SIGN CHECKS
AND THE METHOD OF SIGNING THEREOF. (Wells Fargo Bank)
CM-3D-234
July 28, 1975
Minutes-Various Committees
Minutes were received from the following committees:
Greens Committee meeting of May 29
Design Review Committee of July 9
Social Concerns Committee of June 12
Planning Commission meeting of July IS
CW Tirsell asked that the minutes of the Social Concerns Committee
be removed from the Consent Calendar and it was decided to discuss
this item later.
APPROVAL OF CONSENT
CALENDAR
On motion of Cm. Miller, seconded by Cw Tirsell and by unanimous
approval the items on the consent calendar were approved.
MATTERS INITIATED BY STAFF
(Litigation re Area
Vicinity portola Avenue
The City Attorney advised the Council he was prepared to discuss
the matter of litigation re the area near portola Avenue.
AB-II re Eminent Domain
Mr. Logan explained that there is presently before the Legislature
a bill called AB-lI which is a bill to bring up-tO-date Eminent Domain
as far as the Law Revision Committee has made recommendations and as
far as the State Bar has made recommendations, some of which present
some very difficult problems in terms of what a public body should
or should not do, especially in terms of compensation. He would
like to send a letter objecting to several of these sections and he
might circulate a letter amongst the Council and if any member'; thinks
this is a matter for discussion, he would place the matter on docket.
If there are no comments on the letter, he would just send it.
Cm Miller indicated he had intended to bring up the matter himself
as he was interested in opposing the bill and felt that the City
Attorney would be able to answer the technical questions satisfactorily,
Carnpaign Statements
The City Clerk reminded the Councilmembers that they should file
their Campaign Statements.
MATTERS INITIATED BY
COUNCIL
(Valley Memorial Hospital
Rate Increase)
Cm Miller referred to a newspaper article concerning the rate increase
anticipated by Valley Memorial Hospital, stating that at the expense
of the people in the valley, a purchase of land in Pleasanton for
expansion was the cause for this increase. He felt that the residents
of Livermore should be made aware of this reason which he did not
feel made sense since the future population of the valley does not
warrant an expansion. He suggested that perhaps the Council should
send a representative to the Comprehensive Health Council, who have
to do with locating hospitals, and discuss with them the future of
the valley and estimated growth, use of the hospital.
CM-30-23S
".__._~~~__._.u._.____.____.,~"~________...~______.._"" ""~""'"__""___'-~~_~""'_"'__""'_"~_""'''_'"''~'_ ..,,______~,_"''',_,~__~__,___ "_"_~__^'__M'''_''_'._____.__~,_.__.__
July 2a, 1975
(Valley Memorial Hospital
Rate Increase)
Cw Tirsell added she was particularly disturbed concerning this
matter because the Council was assured that the expansion of the
hospital would not effect rates.
Cm Miller stated that the Council would support Valley Memorial
Hospital in making sure that there isn't any private hospital
rip-off. He again urged that one of the Councilmembers discuss
the matter with the Comprehensive Health Council, and Cw Tirsell
agreed to do so.
EIR - Pleasanton
Redevelopment
Cm Miller inquired if the City had been furnished with a copy of the
EIR for the Pleasanton redevelopment, and the City Manager advised
that we do not have a copy although he had asked for one.
Cm Miller felt that the Council should examine the implications of
redevelopment and the loss of tax revenue for valleywide agencies,
just as Zone 7 should. If Pleasanton wants to redevelop a shopping
center, they should do it in a way that does not affect everyone
else in the valley. The Council may wish to consider testifying
at their hearings.
North of 580 Group
Cm Miller referred to letters in the newspapers by members of the
North of S80 Group which he found irritating as the letters imply
that the City Council has ignored and refused to consider the issue
regarding curbside mailboxes. He asked if the City Manager would
prepare a list of the times and dates of the City Council's early
opposition to curbside mailboxes and send a letter to the North I-S80
Group so they can understand that the Council has consistently con-
sidered the issue and intends to continue to pursue the matter.
A member of the North I-SaD Group spoke from the audience stating
that the letters in no way were meant to indicate that the Council
had not done their part, but were meant to ask for the Council's
assistance in getting rid of the curbside mailboxes.
Legislative Bills
Cm Miller stated he would like to oppose AB-II which was mentioned
by the City Attorney; also oppose AB-IOS9, indemnification of Peace
Officers for Punitive Damages; oppose SB 662, Business License Tax
exemption; support AB 1223, tax rate exemption for street lighting
costs; oppose AB la8, limitation on cities' authority to impose fees
and taxes; support SB 90 (AB 1375).
Cw Tirsell asked that these be placed on the Consent Calendar for
the next meeting and she would study them.
The City Attorney stated that the Council had already opposed AB 1059,
and to oppose it again would be to double up the same thing as it
has not gone any further than at the last date it was opposed. The
Council could concentrate on the others.
~'
(
Cw Tirsell stated that there are two bills in the Legislature for
property tax relief for people on fixed income and she has been
contacted by senior citizens who are under great duress, and asked
that Assemblyman Mori be contacted regarding these bills.
CM-3D-236
July 2a, 1975
BART Extension
Cw Tirsell stated she had learned that the new BART manager was
intending to cut corners, i.e. cut the valley. She felt that in an
entirely subsidized system he should be alerted to the fact that
the BART service to the valley would be a sUbsidy and we have paid
dearly and are due the subsidy and asked that a Council letter be
directed with the past history of our support for BART and a summary
of the amount of money our citizens have paid, and stating that we
certainly oppose any service cut to the Livermore Valley.
Cm Staley asked if they can determine when that issue will be before
the Board as he would personally testify on the Council's behalf on
that particular issue.
Mr. Parness stated that if the issue is to be discussed by the BART
Board or any of its committees, he felt the entire valley community
should prepare as strong a case as can be composed so there can be
a unified force presented before the committee or board. With the
Council's instructions, he would find out what their process will be
so they can begin planning.
CW Tirsell stated it was an excellent item for COVA and she would
bring it up at their meeting.
Public Transportation
Mayor Pro Tempore Turner asked what the status is regarding public
transportation.
Mr. Parness replied that the draft copy of the consultant's report
was received the latter part of last week, and the Transportation
Committee will be meeting on Thursday to go over the report, and the
final draft will be distributed within the next week or ten days.
With that technical information the Council should be able to call
a meeting with the various other official agencies to determine where
the city wants to go on public transportation.
Planning Commissioner
Appointment
Mayor Pro Tem Turner stated the Council should set a firm meeting
date to discuss the appointment to the Planning Commission.
Cw Tirsell stated she would like to point out that the Council has
had only one meeting concerning this appointment and the delay was
simply due to the fact that there has not been a full Council since.
The Council concurred that this matter would be discussed August 18.
Raft Race Challenge
The Planning Commission has challenged the Council members to a raft
race. Cm Miller said he had a better idea - a challenger from each
group to race in EI Toros, and he would be happy to represent the
Council. The Council directed the Planning Director to convey their
counter proposal to the Planning Commission.
COMMUNICATIONS
Grunwald, Crawford & Assoc.
re Upper Alameda Creek
Urban Study
A copy of a letter sent by Grunwald, Crawford & Associates to the
u.s. Army Engineer District regarding the Upper Alameda Creek Urban
Study was noted for filing.
CM-3D-237
July 28, 1975
COMMUNICATION RE REPLACE-
MENT OF DUMBARTEN AND
ANTIOCH BRIDGES
A letter requesting assistance in support of replacement of the
Durnbarten and Antioch bridges was received from the Mayor of
Newark. Included was a resolution supporting immediate replace-
ment of the bridges.
Cm Miller commented that he would prefer taking no position on this
item and would suggest that it be noted for filing.
Cw Tirsell stated that she has heard vehement arguments on both
sides of this issue and would not be able to take a position
without hearing all of the arguments.
Mayor pro tempore Turner and Cm Staley both indicated that they
do not have enough information to support the request.
COMMUNICATION FROM
HUD RE COMMUNITY PROBLEMS
Information has been received from HUD as to projects representing
solutions to community problems and that thousands of these pro-
jects will be included in Horizons on Display. One of these
projects is the Fire Management Allocation Project in Livermore.
The goal of the Horizons program is to encourage information ex-
change arnong communities and to inspire innovative solutions to
contemporary community problems. During the Bicentennial period
domestic and foreign travellers will be encouraged to visit and to
study these examples of achievement.
This item was noted for filing.
COPY OF COMMUNICATION
SENT TO WILSEY & HAM
FROM ZONE 7
The Council received a copy of the letter sent to Wilsey & Ham, from
Zone 7, in response to an inquiry about water service.
This item was noted for filing.
RESIGNATION FROM COM-
MUNITY AFFAIRS COMMITTEE
A letter of resignation from the Community Affairs Committee was
received from Walt Griffith.
The Council requested that the staff write to Mr. Griffith thank-
ing him for his service on this committee.
NOTIFICATION OF FORMAL
HEARING RE SUPERVISORIAL
REDISTRICTING
Notification of a formal hearing to discuss supervisorial redistrict-
ing was received from the Board of Supervisors.
/"'"
CM-30-238
July 28, 1975
(Hearing re Supervisorial
Redistricting)
Mayor pro tempore Turner stated that he would like to attend this
hearing.
Cm Miller suggested that it might be of value would be to send our
proposal to Supervisor Santana to get his reaction to it and to see
if he has any alternatives to suggest that might be similar to what
we have in mind. If someone could talk to him sometime this week
it could be an agenda item for next week.
REPORT RE KISSELL
CONTRACT AMENDMENT
The representative of the Kissell Company has asked that there be
a continuance, concerning the contract arnendment, until August 4,
and request was granted.
REPORT RE EAST AVE.
COCKTAIL LOUNGE
FOOD SERVICE
A report was submitted to the Council by the Director of Planning
concerning the East Avenue Shopping Center Cocktail Lounge, The
Matador, and the circumstances relative to food service. The
staff has recommended that the City Attorney be instructed to notify
the owners and occupants of the cocktail lounge, pizza parlor, and
of the complex, that strict observance of the food service require-
ments must be maintained or litigation will ensue.
Mr. Parness stated that he has spoken with the owner of the cocktail
lounge who indicated that food service is available; however, they
do have a limitation in two regards: l) they have a state license
which means that they do not have to have food on the premises, un-
like a restaurant liquor license and with this kind of license they
also cannot have minors on the premises; 2) he wants to expand the
cocktail lounge to the extent of having a restaurant but his lease
has a covenant against it, for protection of the pizza parlor and
the delicatessen. There is food service available from the pizza
parlor and they do have food menus available upon request. Mr.
Parness would suggest that signs be posted on the interior inform-
ing people that food service is available.
Cm Miller stated that, originally, the application was for a restaur-
ant with liquor service and the whole thing has turned into something
else which has caused criticism from the neighbors, and justifiably
so. He stated that he feels the City should stick with its require-
ments.
Mr. Lamberton stated that he has recently purchased the business
and does serve food from the pizza parlor, also from the delicatessan,
however they naturally serve their own customers first. He will
make every effort to see that menus are available, and table tents
placed on each table regarding food service. He does now understand
the requirements as set forth in a prior agreement and will comply.
Cw Tirsell stated that it was her understanding that the reason
this is before the Council is because the operations of the cocktail
lounge did not comply with the state liquor requirements.
Mr. Musso explained that the City received a complaint that there
was a violation of the original conditions of approval and doesn't
recall a complaint concerning any violations of any state require-
ment.
CM-30-239
July 28, 1975
(Report re East Avenue
Cocktail Lounge Food Service)
Mr. Parness stated that when there was a complaint, previously, the
Council instructed the staff to monitor the operations and to see
that they were complying with the regulations. This is really the
basis of this investigation also. In his opinion, posted signs con-
cerning food service, would bring about qualification.
Cm Miller stated that he believes there should be a sign over the
entrance to the bar and the tables and then if there are any more
complaints the matter can be re-exarnined. One thing that is impor-
tant is that the agreements made earlier should apply to successors.
These requirements should have been made known to the successor.
REPORT RE ADVANCED
OCCUPANCY BY LONGS -
LIVERMORE ARCADE SHOPPING CENTER
The Chief Building Inspector reported that Longs Drug Store has
requested occupancy in order to open for business during the first
week in August. Construction of the store is essentially complete
and it will be safe for occupancy upon final inspection and issuance
of a Certificate of Occupancy. However, since certain required
improvements both on-site and off-site have not been completed, the
Building Department will withhold occupancy until authorized by the
City Council.
Cw Tirsell stated that perhaps this matter could be continued for
one week, for discussion at the August 4th meeting, and by that
time they may have completed all of the required improvements.
Mr. Street commented that Mr. Arrigone, from Longs, is present
this evening and is sure he would like to know what the intent
of the Council might be.
Cm Miller stated that if he must make a decision this evening
his decision would be the following: It has been a Council policy
in the past that projects be complete before an occupancy permit
is issued. If it is complete there is no problem and if it is not
complete, occupancy should not be permitted. Anything else is very
unclean and difficult. The only clean way to resolve these prob-
lems is to make sure that everything is right prior to issuance
of an occupancy permit. The City has had trouble in the past
as the result of allowing occupancy early, and he does not want
to see this continue. He stated that he is sorry that in this
particular situation the matter is difficult but in his opinion
occupancy should not be allowed until everything is complete.
Mr. Arrigone, representing Longs, stated that at present they
are 99% complete and there are a few minor items to be completed.
Everything should be complete by the end of this week but the
problem is that they can't wait for the Council to give approval
next week and then try to open the next day. If the Council would
make the conditions known tonight they would be willing to accept
approval, subject to certain conditions.
Cm Miller stated that the conditions are already listed by the
building inspector, as to what is necessary for completion. As
soon as everything has been completed the City will issue an
occupancy permit. He would suggest that the Building Department
expedite all the inspections so the people from Longs will not
have to wait for inspections.
Mr. Arrigone commented that the Safeway portion of the development
will not be completed until sometime in September and would assume
that these conditions would not be included.
CM-30-240
/
.~
July 2a, 1975
(Report re Advanced
Occupancy by Longs)
Mr. Parness stated that this is what has to be clearly established.
There are parts included in this list that pertain to the general
shopping center and the question is whether or not they should be
qualified, or just matters pertaining to the structure and appurten-
ances for the Longs store.
Cm Miller stated that if the items remaining actually pertain to the
Longs store, they should be complete.
Cm Staley stated that he feels this information puts the issue in a
different light because what we have is a complete shopping center
with Longs, Safeway, and shops in between. Basically it appears that
they are saying 1/3 of the development is ready but the remaining
portion will not be ready until sometime in September. This is not
much different than a developer corning in saying that 1/3 of his
tract is ready.
It was noted that prior to any development, the City requires all
the public works improvements to be installed.
Mr. Arrigone stated that he really feels it is not the responsi-
bility of Longs to see that Safeway gets their air conditioning in,
etc.,that everything the public would see has been done.
Mayor pro tempore Turner stated that he is not opposed to Longs Drug
opening, as long as their striping, etc., has been done, and he asked
Mr. Street what remains to be done prior to opening of the doors and
issuance of an occupancy permit.
Mr. Street stated that Longs is essentially complete with the excep-
tion of a few minor details such as the installation of a stair rail.
There are possibly 8-ID items of this nature that will have to be
done and can be done in a few days. However, there are some items,
not pertaining to Longs, that remain uncompleted and this is what
he would ask Council direction on. For exarnple, there are three
light poles that PG&E will not have available until after Longs
opens.
Mr. Arrigone stated that all of the lighting is in and functional
but the three remaining poles are for First Street and they have
been ordered.
Cm Miller stated that he believes anything having to do with the
operation of Longs should be completed, if it is on the list or
not. If there are items that should be debated, such as the three
light poles, these should be called to the attention of the Council.
Cm Staley stated that the only thing he views as an overwhelming
concern on the list is the first item - dedication of parcels and
a quitclaim for right-of-way along First Street.
eM MILLER MOVED TO DIRECT THE BUILDING INSPECTOR TO PROVIDE A LIST
OF THOSE ITEMS PERTAINING TO LONGS, TO REQUIRE THAT ALL ITEMS WHICH
PERTAIN TO LONGS BE COMPLETE BEFORE AN OCCUPANCY PERMIT IS ISSUED
AND THAT THE BUILDING INSPECTOR PREPARE THAT LIST OF THINGS WHICH
PERTAIN TO LONGS TO BE SUBMITTED TO THE REPRESENTATIVES OF LONGS
FOR THEIR INFORMATION. MOTION SECONDED BY CW TIRSELL.
Cm Staley asked if the list before the Council is a complete list
or if there are other items that must be included.
Lee Kerin, Engineering Department, stated that the list before the
Council is only the public works requirements and there are still
remaining on-site requirements.
CM-3D-241
July 28, 1975
(Report re Advanced
Occupancy by Longs)
Mr. Street stated that the only other items he knows of are require-
ments by the Planning Department such as landscaping. He stated
that there is a median required for First Street and the City does
not know at this time if an encroachment permit will be issued. He
stated that there are some items such as this but the store itself
will be complete with the exception of the very minor items he men-
tioned.
Cm Miller noted that his motion includes those items that remain
to be done, including those not listed before the Council and the
requirements by other departments, etc.
Cm Staley stated that he is concerned about the first item on the
list and is not sure whether or not this pertains to Longs or if
it rests with SP; however, he will not vote in favor of occupancy
until this item has been completed.
Mr. Parness stated that the dedication and quitclaim is the respon-
sibility and requirement of SP Development, and most assuredly these
will be qualified prior to occupancy and acceptance of the development,
by the City.
Cm Miller stated that a partial occupancy is already being allowed.
The point Cm Staley is making is that Longs will be allowed occupancy
before we get the quitclaim and he wants to see that this is done
first which Cm Miller agrees is a very reasonable request.
Cm Staley stated that he is very sorry that it is not within Longs
ability to comply with the dedication of the parcels and the quit-
claim but the fact is that the owner of the property has not met
the agreement and until that is done he cannot support the request
for occupancy. He stated that he is not concerned about the minor
items because they can be taken care of but the City has not prac-
tical ability to enforce dedication of certain parcels.
Mr. Logan stated that there is always the ability for enforcement.
The bonds can be enforced, the contracts can be enforced, etc. The
Council has been concerned in the past about enforcement of bonds
and possible lengthy litigation. It just depends on what the Council
wants to do to pursue enforcement - if they want to informally say
to Longs to put pressure on SP to dedicate the parcels this would
be less pressure than the City trying to enforce bonds. He added
that he certainly wouldn't discount the fact that those bonds are
there and they are enforceable unless the City does something that
affects their enforcement.
Cm Staley stated that he really feels it is the obligation of the
Council to try to protect the public's money and while there is
little possibility this would ever occur, this is the Council's
opportunity to make sure the possibility for litigation becomes
even more remote.
CM STALEY MOVED TO AMEND THE MOTION THAT THE CITY MUST HAVE THE
QUITCLAIMS PRIOR TO ALLOWING OCCUPANCY,SECONDED BY CM MILLER.
Cm Staley stated that as far as he is concerned Mr. Street can
be responsible for seeing that an occupancy permit is not allowed
until the items have been done, which pertain to Longs, with the
exception of Item #l - this responsiblity is not to be delegated
and something the Council wants done.
(\
\
AMENDMENT PASSED BY UNANIMOUS VOTE.
MOTION PASSED UNANIMOUSLY.
CM-30-242
July 2a, 1975
REQUEST FOR ADVANCE
OCCUPANCY - LIVERMORE
GARDENS APARTMENTS
The contractor for the Livermore Gardens Apartments (Goldrick-Kest)
is again requesting that occupancy of these multiple dwellings
be allowed in advance of completion, for security reasons. About 95%
of the irrigation is complete and the planting is 35% complete. The
Building Inspector recommends that the Council authorize issuance of
a Certificate of Occupancy for Buildings 1 through 20 upon notifica-
tion of approval from Planning, Public Works and the Fire Department.
Mr. Robert Hirsch, l523 Ventura Blvd., Sherman Oaks, Calif., one of
the partners in the Livermore Gardens Apartments, referred to a
newspaper article in the Valley Times of July 27, regarding in-
flation requested in low cost housing rent, which he felt to be
one of the most accurate reporting of the issue. He stated that he
had never made any statements as to what the rent would be, but
perhaps someone throught they could rent for $40, $50, $lDD or even
$l50, but unfortunately it will be closer to $200 a month for a
two-bedr90m apartment. That is why there will not be any convention-
al apartments built in Livermore, or anywhere else for that matter.
Mr. Hirsch,stated that at: this time they have IS people who want
to rent units and explained the facilities and what they have to
offer. He stated that he can understand the City's position and
the desire to see that everything is done prior to allowing occu-
pancy but would like to point out that this causes the developer
hardships. If they can get some of the development released the
air conditioning, etc. can be checked out, as well as the electrical
portion and other such items, while the superintendent is still here
and it is important for them to get as much work done as possible to
utilize his time. He is a professional in this line of work and will
be going on to another project.
Cw Trirsell stated that she has no objection to allowing the develop-
ment to test the air conditioning, etc. and if the complex will be
completed in two weeks they will be getting their occupancy permits
at this time anyway.
Mr. Hirsch stated that a delay for the occupancy permits will not
hurt him but there are many people waiting for the units who are
living with other people until they can move in. He stated that
they are getting daily inquiries as to the date they will be able
to move in and another two weeks means that they won't have time
to enroll their children in the schools.
Mayor pro tempore Turner stated that the City has many projects
going in at this time and it is important that the Council be
consistent with their policy.
CM MILLER MOVED THAT THE CITY SATISFY THE POLICY OF REQUIRING
FULL COMPLETION PRIOR TO ISSUANCE OF OCCUPANCY PERMITS AND IF
IT IS SATISFACTORY WITH PG&E, ELECTRICAL TESTING IS PERMISSIBLE,
SECONDED BY CW TIRSELL.
/~
Cm Miller stated that this matter is essentially the same as with
Longs in that Longs has also been required to complete everything
which pertains to them before they are allowed occupancy. The
Building Inspector will be asked to expedite inspections as they
are completing items so that they will not be delayed because of
inspection delays.
MOTION PASSED BY UNANIMOUS VOTE.
CM-30-243
July 28, 1975
REPORT RE LEASE DEFAULT
FIXED BASE OPERATOR - AIRPORT
Despite repeated written appeals the current airport lessee has
not satisfied full lease terms for the fixed base operation. Mainly
these have to do with the provision of tax statements for gross re-
ceipts so that the lease payment can be calculated. Such statements
were due April 30, 1975. A letter of citation was sent to the
lessee, David Madis. The City Manager added that much of the diffi-
culty rests with the tax accounting defect authorized by the City
Council several months ago. He read a letter from the new account-
ing firm addressed to Mr. Madis which he had just received in which
they asked for a two week extension due to a recent change in their
firm. It had been recommended that if full satisfaction of the lease
terms had not been reported by tonight that the City Council authorize
foreclosure proceedings. The fixed base operator has asked for the
two week extension on the prosecution so that the accounting details
can be satisfied.
The Mayor pro tem asked the City Manager what they should do and Mr.
Parness stated that legal prosecution would not satisfy anything and
suggested that the Council allow the two weeks, but nothing further
than that.
CW TIRSELL MOVED THAT THE COUNCIL FORECLOSE IN TWO WEEKS, SECONDED
BY MAYOR PRO TEM TURNER.
Cm Miller argued against the motion as he felt the foreclosure pro-
ceedings should commence immediately.
Cm Staley commented that it it his understanding of rights under a
lease is that once you have given 30 days notice that the default
has to be cleared, you are no longer required to allow performance,
and asked the City Attorney if that was his understanding.
Mr. Logan replied it was basically correct, but he could look into
it; he would just indicate that at the very outset the "foreclosure"
isn't legal in terms of going into court and forcing them out, but
they will be given the proper notice and upon failure to leave
after that notice, then we will go into court for unlawful detainer.
The point of law concerning this matter was discussed further.
CW TIRSELL WITHDREW HER MOTION, AND THE SECOND WAS ALSO WITHDRAWN.
CM STALEY MOVED TO INSTRUCT THE CITY ATTORNEY TO IMMEDIATELY SEND
ANY NOTICES REQUIRED BY LAW TO EFFECTIVELY TERMINATE THIS TENANCY,
AND IN THE EVENT THOSE NOTICES ARE NOT COMPLIED WITH BY THE MINI-
MUM PROVIDED FOR IN THE LAW, THAT HE IMMEDIATELY AFFECT FORECLOSURE.
MOTION WAS SECONDED BY CW TIRSELL AND APPROVED UNANIMOUSLY.
ISABEL AVENUE HIGHWAY
RIGHT OF WAY ACQUISITION
The City Council has authorized an appraisal on 19 acres of pro-
perty contained within Tr. 3333. It is intended to be used for a
future state highway route. Thereafter, a request was to be made
to Alarneda County to share in this acquisition to the extent of
4S% County, SS% City. A preliminary appraisal has been conducted
with two values set, one in the amount of $210,ODO if the property
can be developed, and $9S,00D if not. Since the tentative tract
map has expired it is the staff assumption that no sewer commitments
have been made and, therefore, the property cannot be served. The
total monetary responsibility for its purchase would be $42,7S0 -
County, $52,2S0 - City.
(\
CM-30-244
July 28, 1975
(Isabel Avenue Highway
R/W Acquisition)
Our contact with County officials indicates that this sum is the
absolute maximum that can be justified for County participation.
The draft agreement with CALTRANS states that the City and County
assume financial responsibility for all further hardship and protec-
tion acquisitions until such time street construction is possible.
County officials state that this provision might be eased by a sub-
sequent City/County contract which divides the responsibility with
the City assuming liability for the property within the City limits
and the County for unincorporated properties.
CW TIRSELL MOVED TO AUTHORIZE FORMAL APPLICATION TO BE MADE TO THE
COUNTY, SECONDED BY CM MILLER.
Mr. Parness stated the Council should be alerted to a couple of
matters he is very concerned about: 1) that Supr. Murphy in his
discussions with him is willing to approach the Board of Supervisors
requesting financial participation, but in a limited amount - to 45%
of the low appraisal received on the property. If the actual value
of the property is higher, the City would be required to pick up the
difference. 2) that part of the draft transmitted by CAL TRANS re
the City and County responsibility for acquisition of all future
rights of way along this route that may be endangered by property
development. He would prefer a phrase which would say that that
obligation would be met within our financial abilities, and he had
discussed this with CALTRANS and they think that perhaps the Highway
Commission would be willing to accept such a modification.
Mr. Parness continued that he would hope that the Council would
allow him to proceed with this approach but with the understanding
that $42,7S0 is all they will likely get from the County, and further
that we ask for a modification of the CALTRANS contract draft. Mr.
Parness stated he has also discussed this with the property owner
who has made a counter offer and has offered to sell the property to
the City for what he paid for it four years ago, but that is higher
than the appraisal. If the Council would allow him to proceed with
negotiations with the property owner, but with those understandings
which are encumbrances, in his view, he would like to do so.
Cm Miller stated he would like to hear from the City Attorney as
to what our obligations or liabilities might be.
Mr. Logan stated that the figures he had were the same as those given
the Council and he was not too familiar with the matter. In view
of the fact this land was reserved, whether directly or indirectly,
there is a serious complication as this could very well be considered
subdivided land and as such could come up to a level of some $200,000,
assuming the figure given is accurate. Secondly, there are some
problems with the State agreement and there is the notation that
perhaps all can be satisfied by zoning controls. One must be very
careful with announcing in advance, or at any time, that you control
any property by zoning controls other than zone it for the use which
you think it should be zoned, not to control land use, but it mayor
may not be a problem. He could not respond to any more than that
since he is not familiar with the situation.
Cm Miller stated he was uneasy and disturbed by the County's unwill-
ingness to assume their share of whatever the cost may be.
,~.
Mr. Parness remarked that Supr. Murphy contends that the 45% share
obligation was what the county had agreed to long ago, which is
correct. He further argues that the county feels they should only
go 45% of the appraised value.
CM-3D-245
July 2a, 1975
Isabel Avenue Highway
Right of Way Acquisition
Cw Tirsell asked what the total cost to the City would be with no
county or state participation to develop the property with major
streets.
Mr. Parness stated that if the developer were required to build the
streets it would be an economic impossibility. What the developer
wants aside from price, which he feels can be negotiated to an equi-
table level, is a building permit on two lots one of which has a
house on it which he wants a permit to hookup and market, and
one other permit and a third condition is that he would like to
eventually annex the Shell station and the trailer park area, and
he asked the Council for their reaction to those conditions. He
asked the Council for permission to meet with the owner and get the
terms and conditions clearly defined and get some idea about the
monetary value involved.
After some discussion CW TIRSELL WITHDREW HER MOTION, and the Council
concurred that the matter should be continued for two weeks and
the City Manager was directed to negotiate with the property owner.
Cw Tirsell stated that in the interim she would like to learn what
the state is talking about in terms of expressway so it will not
be necessary to acquire property at the last minute.
Cm Miller remarked that it has been the Council's position in the
past that it has not been particularly anxious to have a freeway
from Sunol, but merely a bypass through the City, and Mr. Parness
agreed this was the position the Council had taken.
REPORT RE CONSENT CALENDAR
CONCEPT - DESIGN REVIEW COMMITTEE
The City Council had asked the Design Review Committee to indicate
their feelings on having all design review applications, not requir-
ing their formal attention, to be processed under a consent calendar
concept, the the Design Review Committee complied with a report and
draft of some proposed ordinance changes concerning the matter.
Mayor pro tern Turner asked the Council if they would consider con-
tinuing this matter.
Mr. Parness advised the Council that the Planning Commission is now
considering other modifications associated with the design review
process and suggested that it might be appropriate to refer this
matter to them and in company with the other matter that they report
back to the Council.
Cm Miller stated that he felt what had been suggested by the Design
Review Committee had a lot of style and class, and he was happy with
their proposed changes and would like to have the staff prepare an
ordinance.
The Planning Director remarked that a public hearing has already been
set regarding some amendments to the zoning ordinance.
CM STALEY MOVED THAT THE MATTER BE REFERRED TO THE PLANNING COMMISSION,
SECONDED BY CM TIRSELL, AND THE MOTION PASSED UNANIMOUSLY.
('\
REPORT RE PROPOSED CHANGES TO
TRAILER STORAGE ORDINANCE
A report was received from the Planning Commission regarding some
proposed changes to the Trailer Storage Ordinance. CW TIRSELL MOVED
THAT THIS ITEM BE CONTINUED TO August 18, SECONDED BY CM MILLER.
CM-3D-246
July 28, 1975
(Proposed Changes to
Trailer Storage Ordinance)
Cm Miller stated that when this matter is brought up again he would
hope that everyone would refer to the memo which he had prepared on
this issue before they have the final discussion.
THE MOTION PASSED UNANIMOUSLY.
ORDINANCE RE HOTEL
TRANSIENT OCCUPANCY TAX
ORDINANCE NO. 867
AN ORDINANCE AMENDING SECTION 21. as, RELATING TO
IMPOSITION OF TAX, OF ARTICLE V, RELATING TO HOTEL
TRANSIENT OCCUPANCY TAX, OF CHAPTER 21, RELATING
TO TAXATION, OF THE LIVERMORE CITY CODE, 19S9.
ON MOTION OF CM MILLER, SECONDED BY CW TIRSELL, AND BY THE FOLLOWING
VOTE THE ABOVE ORDINANCE WAS ADOPTED:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS Miller, Staley and Tirsell
COUNCILMEMBER Turner
Mayor Futch
ORDINANCE AMENDING SEC.
la.aO RE RATES, SEWER
SERVICE & USE CHARGE
CM STALEY MOVED THAT THE FOLLOWING ORDINANCE BE ADOPTED, SECONDED
BY CM TIRSELL, AND THE MOTION PASSED UNANIMOUSLY (Mayor Futch absent.)
ORDINANCE NO. 868
AN ORDINANCE AMENDING SECTIONS la.aO, RELATING TO RATES
GENERALLY, AND 18.83, RELATING TO INDUSTRIAL AND MISCEL-
LANEOUS CUSTOMERS GENERALLY, OF ARTICLE III, RELATING TO
SEWER SERVICE AND USE CHARGE, OF CHAPTER 18, RELATING TO
SEWERS, OF THE LIVERMORE CITY CODE, 19S9.
SOCIAL CONCERNS COMMITTEE
The minutes of the Social Concerns Committee meeting of June 12
were removed from the Consent Calendar for discussion at this time.
Cw Tirsell referred to page 2 of the proposed by-laws and stated
that was the intention of the Council regarding membership to draw
upon the list of socially oriented community groups for the initial
group, and wondered if they should show as Section 2 that Members
and alternates shall be appointed by the Council, and delete the
remainder of that section. She felt that Section 3 covers their
concern regarding selecting members.
Cm Miller felt that when there are vacancies the Council should have
the right to add anybody to the list.
Cw Tirsell stated she wanted to get away from the organizational
....,vand she~elt Section 3 would cover their concern.
Q f'f<' · (\1' ".,~. r, ;- tI2~i:.
The Council concurred with the suggested revision.
CM-30-247
July 2a, 1975
ADJOURNMENT
There being no further business to corne before the Council, the
meeting adjourned at l2:33 a.m. to an executive session to discuss
a legal matter.
ATTEST ~
dvh/~
Mayor
0JL-
APPROVE
.;:, Cl.ty Clerk
Livermore, California
Regular Meeting of August 4, 1975
A regular meeting of the City Council of the City of Livermore was
held on August 4, 1975, in the Municipal Court Chambers, 39 South
Livermore Avenue. The meeting was called to order at 8:ID p.m.
with Mayor pro tempore Turner presiding.
ROLL CALL
Present: Cm Turner, Miller, and Cw Tirsell
Absent: em Staley (Excused Vacation) and Mayor Futch (Seated Later)
PLEDGE OF ALLEGIANCE
Mayor pro tempore Turner led the Councilmembers as well as those
present in the audience, in the Pledge of Allegiance.
MINUTES
July 21, 1975
Page 200, last paragraph, next to last line should read: at the
budget session held earlier by the Council, and that not many...etc.
Page 2DS, third paragraph, should be restated as follows: Cw Tirsell
wished the P.C. would discuss the philosophy of whether, in fact,
established standards do or do not violate the purpose of the PD
Zoning; if not, then discuss standards.
Page 212, third paragraph from the bottom, 4th line should read:
given. She stated that a member of the Noise Abatement Cornmittee...etc.
Page 207, first paragraph, should be restated as follows: Cm Miller
suggested that the Council direct the staff to ask for Livermore's
proportion of the total LAVWMA pipeline established. If Pleasanton
wants 12 MGD extra, they pay for the pipeline proportionally.
Page 216, next to last paragraph, second line: as the City has a
judgment...etc.
~-
!
MAYOR FUTCH WAS SEATED DURING DISCUSSION OF THE MINUTES.
CM TIRSELL MOVED TO ADOPT THE MINUTES FOR THE MEETING OF JULY 21,
1975, AS CORRECTED, AND THE SPECIAL MEETINGS OF JULY 21, 1975, AS
SUBMITTED, SECONDED BY CM TURNER AND PASSED BY UNANIMOUS VOTE (Mayor
Futch dissenting - Absent at that Meeting) .
CM-30-248
August 4, 1975
(Letter re Budget
Priorities)
Elizabeth Mondon, Singing Hills Avenue, stated that last week she
read a letter to the Council indicating that people had expressed
concern about the budget and that priorities should be reconsidered
and wondered if anything has been done about her suggestions.
Mayor Futch explained that this has been referred to the staff for
recommendation and when the Council receives a report from the
staff this matter will be discussed further.
Mrs. Mondon asked if anything had been decided about allowing the
citizens to vote on the public safety matter brought up in the past
by Cm Turner and it was noted that this has not been decided either.
P.H. RE PROPOSED Z.O.
RE TEMPORARY SIGNS
Mr. Musso explained that the amendment to the zoning ordinance con-
sists of two sections. One has to do with the PUD permit feature
and that amendments are brought about as a result of the adoption
of the OS-UR regulations. It was recommended by the consultant
that changes be made and the most important is the recommendation
to delete the minimum site requirement for a PUD permit. In addition
there were some cleanup recommendations that the P.C. agreed to, and
these are noted. The consultant also deleted other requirements,
such as the constructive notice of permit where the fact that the
permit existed had to be recorded.
One amendment was initiated, per the directions of the City Attorney,
relative to signs for the purpose of conforming our ordinance to the
Contra Costa case ruling out the opportunity of the City to regulate
size and placement of portable signs. The City may regulate signs
in the public right-of-way, not covered by this ordinance. The de-
cision also allows the City to post a bond or collect a surety fee
to guarantee that signs will be removed after a particular campaign.
The P.C. felt this would not be feasible because individuals are
involved and not always just the candidate.
There was discussion concerning 26.80 Rezoning and the reason for
the deletion and Mr. Musso explained that there will be no zoning
districts, everything will be OS-UR and he felt the wording was
superfluous.
Cm Miller stated that if the PUD prevails over the zoning districts,
the conditions of the PUD permit are weaker.
Tom Bailey, 554 Escondido Circle, stated that the agenda indicates
a report is attached and there doesn't seem to be an attachment.
He stated that because of this it is difficult to follow the conver-
sation of the Council.
It was explained that the Councilmembers receive a complete agenda
with all reports attached and that there are copies available for
public review at the library, City Hall and outside the Court Chambers
during the meeting.
Cm Miller explained that the expanded agenda is available to the
/-', public if they are interested in a particular item and pointed
out that in years past such information was not published for
the convenience of the public.
David Eller, Livermore, stated that perhaps a separate agenda
should be pUblished for the public without the wording "see attached"
and that this might eliminate the problem.
CM-30-249
August 4, 1975
Mr. Musso continued to explain that the proposed changes in the
PUD procedure primarily consist of wording changes for the pro-
cedures and elimination of some superfluous wording, also to
delete the minimum size requirements for what can be a PUD require-
ment. previously, in order to obtain a PUD, the property had to
be a certain size. Now the procedure is that everything has to
be a PUD.
The other change was to delete any restrictions on political signs
with respect to size and number.
Mrs. Mondon asked if, in doing this, there is any provision made for
making sure that development is done according to the plan.
Cm Miller stated that PUDs are only as sure as the next request for
amendment. There are no guarantees and he added that he has been a
victim of PUD permit areas, as have most residents who have lived
in them. PUDs are mechanisims for getting around zoning standards
and, in fact, every single PUD permit ever approved by the City, with
the exception of the Ravenswood property, could have been done by
standard zoning. However, if these had been done by standard zon-
ing there would have not been the easy amendments that resulted.
CM TURNER MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY CM TIRSELL
AND PASSED BY UNANIMOUS VOTE.
Cm Miller stated that he would like to discuss the question of a
political sign as follows: I) The Concord Court decision is a
lower court decision and does not yet have the force of law. 2)
Some of the issues raised by the court seem to be very reasonable;
narnely, the first arnendment consideration should prevail. 3) The
City of Concord did not defend some of the areas we have in our
present ordinance and the court pointed out that since they didn't
bother to defend it or justify what they had done, the court struck
down those provisions.
Cm Miller stated that the point being made in this decision is that
the first amendment overrides other things unless there is a good
argument. Some of the things Concord did, for example, were to
allow a single sign of 4 sq. ft. for all election issues. Our n) ~
ordinance allows any number of signs on all the issue and all~\~~~t'-
the seats open, if people choose, but t~;~A_~~ a maxA~~_~ize~~~
allowed. He stated that he would sugges~'~as fa~-'jUggested
by Mr. Reiners, but rather _8 a.)ie some changes in our ordinance
consistent with the "free speech argument" and still retaining
some of the flavor we have.
Cm Miller added that the purpose of signs for free speech is
to allow somebody to express an opinion. The key to expressing
that opinion is that the sign be visible and of adequate size
so that a reasonable message can be observed. The size it takes
to observe a message can be small in a residential area, where
people don't travel rapidly, and would have to be larger on the
freeway. Since the discussion concerns, primarily, signs in
residential areas, the argument that a small sign would work
carries some weight because the message is visible. He stated
that if we take out all the restrictions which would allow a
300 sq. ft. billboard on somebody's front yard, it is not reason-
able and that some limitation of sign should be acceptable.
Cm Miller suggested that in Sec. 21.72 8. E. 3. (d) the City
continue with provision, as it was, except to eliminate the
30 day time period.
('
\'"
CM-30-25D
August 4, 1975
(P.H. re Proposed z.o.
re Temporary Signs)
Secondly, in "C" where 4 sq. ft. are allowed in residential and 8 sq.
ft. are allowed in commercial/industrial, he would suggest 4 sq. ft.
for each issue but no upper limit on the number of sign sizes, and
that it be 12 sq. ft. in the commercial areas. He stated that he
feels if there is no limitation to the issues people can speak to,
these should satisfy the requirements of free speach.
Lastly, Cm Miller stated the P.C. talked about, but rejected, the
idea of a deposit. The deposit was upheld in the Concord case and
he feels there is merit in asking for a fee, despite the argument
against it. He stated that candidate usually puts up the sign and
then removes it, or his sign crew takes care of the signs, and he
should be charged $IDD. If all the signs are removed the candidate
can be reimbursed the $IOD or be charged $5 for each sign not removed.
Mr. Logan explained that this decision was made by a u.s. District
Court and a u.S. District Court, as far as this judicial district
is concerned, does have the force of law with any decision that is
made and published by it, unless this decision is inconsistent
with the higher court's ruling.
Mr. Logan then advised that if the Council intends to limit the
size of signs and wants to overcome the argument that this is a
limitation on free speach, the Council will have to be able to
put together sufficient facts to prove that those signs are readily
readable by anyone traveling in the area. He stated that he realizes
the concern expressed by Cm Miller for no limitation allowing a bill-
board in a residential area but the main problems Concord had was
that the factual situation did not support their legal arguments
that size limitation did not infringe upon one's first amendment
rights.
Cm Miller stated that if it is determined that a 4 sq. ft. sign is
not visible we can go to 6 sq. ft. or even 8 sq. ft.; however, he
would suggest there be some kind of limitation.
Cw Tirsell asked if the City Attorney feels he can find court
decisions that would support the sign limitation and Mr. Logan
stated that this is not necessarily what he meant but if the Council
wants to immunize themselves against possible legal complications
he would suggest that he be allowed to do some research.
Cw Tirsell stated that she has no objection to allowing the City LJ
Attorney to do some research on cases to use as a backup; however, ~.~\
if he finds nothing she would support the P.C. recommendation Re- ~
cause there is no reason to have an ordinance that cannot be cg'Up:.:::-'~c.~<
PQr~ee. She suggested that this portion be continued until it can
be determined whether or not there is legal support for the proposal
to limit sign size.
CW Tirsell added that she is opposed to charging $100 for the
candidates signs because she has experienced a bare bones campaign
during a recession era. She stated that at the time of her campaign
she did not have $100 to put down for signs and this would discourage
candidates of the low income category. She stated that she would
be against any additional costs for campaigning.
~,
Cm Turner stated that he would support Cw Tirsell because he feels
the biggest offenders are the people campaigning for supervisor or
the Assembly over which the City has no control. People running for
office in town are generally very good about removing their signs
after the election. However, he woulb be upset if someone put a
billboard across the street from him and would suggest that something
be done in the way of size limitation.
CM-3D-251
August 4, 1975
(P.H. re Proposed Z.O.
re Temporary Signs)
Mayor Futch pointed out that if there is a sign for a political
candidate there likely would be no problem concerning size of
sign. However, if someone wishes to give an expression of an
opinion there may be some problem with sign limitation, depending
on the length or wording content and the sign may have to be very
large.
Mr. Logan stated he believes this would be a very legitimate prob-
lem but his concern is that he would not be able to lend to the
Council the expertise on those kinds of factual determinations.
He stated that he can tell them what the law says but certainly
cannot research that kind of issue nor can he look into how long
a sign can be. He stated that it would appear that the length of
the sign would be unlimited. He added that he would like to tell
the Council with some certainty that first amendment rights are
not unlimited. There are only certain kinds of newspapers that
can be placed on the street and this is the same type of issue -
there are some limitations that can be applied but they must be
very reasonable.
Cm Miller stated that he would like to mention, for the records,
that traditionally this Council has encouraged, and should encour-
age, people to express their opinions, political or otherwise,
within reasonable bounds.
CM MILLER MOVED TO CONTINUE THE SIGN ORDINANCE ISSUE PENDING
A REPORT FROM THE STAFF, SECONDED BY CM TURNER AND MOTION PASSED
BY UNANIMOUS VOTE.
CW TIRSELL MOVED TO ADOPT THE RECOMMENDATIONS OF THE P.C. WITH
THE EXCEPTION THAT THE ENTIRE WORDING FOR 26.aO BE RETAINED,
SECONDED BY CM TURNER AND THE MOTION PASSED BY UNANIMOUS VOTE.
Cm Turner wondered about Section 26.50, .51 and .S2, concerning
the time, noting that it takes 90 days for an application to
get to the Council.
Mr. Musso explained that 90 days is the minimum length of time
necessary for processing an application because of the Environ-
mental Impact Report. This was followed by discussion concerning
time, however no change was made.
CONSENT CALENDAR
RES. REMAIL DELIVERY
The resolution supporting HR 422S concerning curbside mail delivery
was postponed until next week.
REPORT RE EMPLOYEE
SERVICE AWARD PROGRAM
The report concerning the Employee Service Award Program was con-
tinued to the end of this meeting.
REPORT RE STATUS CERTIFICA-
TION FOR RAVENSWOOD PARK
r'
The state requires a certificate that the Ravenswood property will
be used for park and recreation purposes and it is recommended that
a resolution be adopted authorizing execution of certificate.
CM-3D-252
August 4, 1975
(Status Certification
for Ravenswood Park)
RESOLUTION NO. 159-75
A RESOLUTION AUTHORIZING EXECUTION OF CERTI-
FICATE RE USE OF RAVENSWOOD PARK
RES. APPROVING
EMERGENCY OPERATING PLAN
It is recommended that the Council adopt a resolution approving
the Emergency Operating Plan, a copy of which is on file in the
office of the City Clerk.
RESOLUTION NO. 160-75
RESOLUTION APPROVING EMERGENCY OPERATING PLAN
HOUSING AUTHORITY
rUNUTES FOR JUNE 24
Minutes of the Housing Authority meeting of June 24, 1975, were
noted for filing.
RES. RE STREET RESURFACING
It is recommended that a resolution be adopted recording the Notice
of Completion for the Street Resurfacing Project 75-l.
RESOLUTION NO. 161-75
A RESOLUTION AUTHORIZING AND DIRECTING THE
ASSISTANT CITY ENGINEER TO RECORD NOTICE OF
COMPLETION RE PROJECT 75-l - STREET RESURFACING.
PAYROLL & CLAIMS
There were 63 claims in the amount of $2a,232.l8, dated July 28,
1975, and approved by the City Manager. There were 64 claims in
the amount of $107,92D.II and 280 payroll warrants in the amount of
$94,D66.12 for a total of $2DI,986.23, dated July 31, 1975 which were
ordered paid as approved by the City Manager
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM MILLER, SECONDED BY CW TIRSELL AND BY UNANIMOUS
VOTE, THE CONSENT CALENDAR WAS APPROVED WITH THE DELETION OF
ITEM 2.1 WHICH WAS POSTPONED UNTIL NEXT WEEK, AND 2.2 ~mICH WAS
CONTINUED TO THE END OF THE MEETING FOR DISCUSSION.
MATTERS INITIATED
BY THE STAFF
(Executive Session)
('
The City Attorney requested that the Council meet in an executive
session immediately after the meeting to discuss litigation con-
cerning condemnation.
(Tax Exempt Credit
for Senior Citizens)
Mr. Parness reported that the City is attempting to gain more informa-
tion concerning tax exempt credits for Senior Citizens and will notify
the Council when information is received.
CM-30-253
August 4, 1975
(First Street Cruising)
Mr. Parness stated that the City continues to have problems con-
cerning First Street cruising and it was a bad weekend. The
foot patrol has been fairly successful but the City is limited
as to personnel, as the staff has been instructed that overtime
must be stringently reduced. The Chief of Police, as well as the
City Manager, is very concerned about the property damage that ~_
has occurred on First Street and recently about $300 worth of dam- (
age was done to cars parked in the Oldsmobile parking lot on First .
Street. The hotel across the street was broken into and furniture
was damaged, removed and burned. There doesn't seem to be an answer
other than to add manpower or funding to allow the necessary manpower
during the weekend.
Cw Tirsell stated that she is getting calls from some of the senior
citizens who are afraid to go out at night because of all the things
that have been happening.
Cm Miller wondered if it would be possible to temporarily ask assis-
tance of the Highway Patrol and the Sheriff's Office.
Mr. Parness stated that he does not believe the Sheriff's Office would
become involved but the Highway Patrol might agree to help inasmuch
as it is a state route; however, they are also limited to personnel
numbers. He added that the cruising is not the primary problem but
rather the loitering and littering on sidewalks and private property.
The foot patrol has been very effective by using the proper psy-
chology the patrolmen are able to talk to the kids and get them to
move along, but the officers often have to be taken from this area
to answer other calls and that is the problem. There is a regular
officer and a reserve officer on foot patrol but if there are any
problems elsewhere in the City they have to leave First Street.
Bobby Silva, stated that she moved to Livermore from San Leandro where
there are the same kind of problems Mr. Parness is referring to. Her
family moved here because Livermore has a lot to offer but expressed
concern for the lack of facilities to busy teenage children during
the weekends. She stated there are no skating rinks or anything
else other than a movie to occupy their time during the whole weekend
and possibly this is something that should be considered.
(Consultant Report re
Transportation)
Mr. Parness reported that last week our Transportation Advisory Com-
mittee met and received the draft report from the consultants on this
item. There were comments made as to minor modifications but the
Committee is quite anxious to have final copies of the report trans-
mitted. Tentatively, subject to Council concurrence, they would like
to arrange a joint meeting on the 13th with invitations to interested
citizens and the Planning Commission. Unfortunately the Council will
not be able to review the report until the lIth because it can't be
printed sooner.
Cm Turner felt there wouldn't be time to review the report and then
to meet on the 13th to discuss it with the consultant, etc.
It was noted that the meeting would be for the purpose of informa-
tion and not decision making.
Mr. Parness explained that there are only a couple of sections that
have statistics and believes the Council would have no trouble in
reviewing these sections within an hour.
:~
~.
CM-3D-254
August 4, 1975
(Supervisor Cooper's
Resolution re ABAG)
Mr. Parness reported that he has received a copy of Supervisor
Cooper's resolution in the form of a request that ABAG review
our General Plan on the same basis the Las positas Plan was reviewed,
which he is asking the Board of Supervisors to endorse at their next
meeting.
Mr. Parness stated that he doesn't know what the intention of the
resolution might be other than the possibility that Supervisor
Cooper is trying to follow the tactics used by the City by saying
that the Livermore General Plan is virtually committing the same
things proposed by Las positas because our General Plan anticipates
urbanization of that area.
Cw Tirsell stated that she would like to have a resolution prepared
again for the Council to send to ABAG because the point was made
many times during the hearings that the disposition of the Livermore
General Plan had no relationship to Las positas - they reviewed Las
positas and found it to be nonconforming, regardless of what Liver-
more's General Plan said about the area. There were many areas that
did not conform to a regional housing plan that the Planning Com-
mittee heard and noted.
It was concluded that a letter to ABAG might be very effective and
that they might be more likely to read information contained in a
letter.
(RE Board of Supervisors
Night Meetings)
Cm Turner stated that he and Cm Miller had the opportunity to speak
with Supervisor Santana and during their conversation it was men-
tioned that the Board of Supervisors are considering eliminating
their night meetings. Supervisor Santana would like the meetings
to continue for at least a year, as it takes some time for people
to become accustomed to changes. It was suggested that the Livermore
City Council contact the mayors in Alameda County to ask that they
endorse Supervisor Santana's proposal to let the night meetings
continue for at least another six months. There are many people
who just cannot get to meetings during the day.
(Trailer Ordinance)
Cm Turner stated that a Mr. Chandler Smith has presented some ideas
in writing, concerning the Trailer Ordinance, that should be con-
sidered at the time the ordinance is again discussed.
(Greenville Area
Shopping Center)
Cm Turner stated that he has received a telephone call from someone
interested in getting support for establishment of a shopping center
in the Greenville North area.
,~\
Cm Miller suggested that the City write to Tradewell encouraging
them to make use of property already zoned CN - such as an area
in the North I-580 area.
CM-3D-255
August 4, 1975
(Use of sewer~n ~
Plant Gas) f.\/lflfY
Q!.~Jra
Cm 1111ler stated that he has received a telephone call from someone
asking if the methane gas at the sewer plant could be used for power
purposes and would like information on this suggestion.
Mr. Lee explained that the methane gas is used to heat the digesters
but at this time it is doubtful that there enough for power. He
added that this was a suggestion made to the consultant but the
consultant wasn't interested in the suggestion.
(Barking Dogs)
Cm Turner stated that he has received two complaints about barking
dogs. Apparently people do not like to complain to their neighbors
because a complaint may cause bad relationships. It is his under-
standing that San Francisco recently passed an ordinance relative
to barking dogs and perhaps the City Attorney could obtain the
ordinance and provide the Council with a copy.
(Greenville
Misrepresentation)
Cm Miller stated that during the recess last week he was talking
with two people from the Greenville North area who indicated that
they had been "lied to" about the availability of schools and
shopping facilities as well as other things, at the time they pur-
chased their property. The City has a Truth in Real Estate Ordi-
nance which requires some kind of statement from real estate people
who sell property, having to do with the property sold. It seems
that this might be an instance which the City should pursue, on
behalf of this person, because it looks like our ordinance was also
violated because the present property owener received erroneous infor-
mation.
Cm Miller submitted the property owner's name to Mr. Parness for
fOllow-up.
(Corps of Engineers
Report re Land Disposal)
Cm Miller stated that he has received notice of an Interim Report,
by the Corps of Engineers, concerning the San Francisco Bay, Sacra-
mento, San Joaquin Delta Regions of Water Quality and Waste Control
Through Investigation. He stated that the report goes on about land
disposal and he feels this is very interesting because opportunities
for Livermore to land dispose are very limited and attacked by the
Regional Water Quality Control Board. He would suggest that the
City respond, pointing out the fact situation and ask why they are
pushing land disposal when other agencies are not allowed to do this.
Cw Tirsell commented that the report is very voluminous but perhaps
a copy can be obtained by the City Manager for review by the Council.
She stated that at present it is available only in certain libraries.
(Courtesy Aviation Default)
0,
~
Cm Miller stated that there has been a default on the part of Courtesy
Aviation with respect to their lease with the City. Mr. Madis was
given notice and Cm Miller would suggest that the staff be directed
to proceed.
CM-30-256
August 4, 1975
(Max Baer Parking Lot)
Cw Tirsell stated that there was a large truck parked in the Max Baer
parking lot and if this continues the parking lot won't last long.
L
(Shopping Centers)
Mayor Futch stated that when there was discussion concerning neighbor-
hood shopping centers he suggested that consideration be given to
providing housing for senior citizens near shopping centers, as
part of the ordinance. This suggestion was referred to the Planning
Commission and since it has been some time since the referral was
sent he would like a letter sent to the P.C. from the Council asking
for their response to this request.
Mr. Musso stated that the P.C. did discuss this proposal in the course
of developing the CN Zone but concluded that this should be treated
as a separate item. Apparently they just haven't gotten back to it.
(Civic Center Site)
Joe Concannon has had a suggestion concerning beautification efforts
to improve the Civic Center site, and perhaps some response from
the Council would be in order.
Cw Tirsell felt that this possibly should be referred to the Beauti-
fication Committee.
Mayor Futch stated that it was felt there is really more involved
than just the beautification. In particular, the City has set
aside money for the basics of an irrigation system.
(Complaint re Bike Path)
Mayor Futch stated 'that he has received complaints about the bike
path in the sunken gardens area. The path goes around a sharp
corner in one area with quite a slope downhill and a few people
have fallen. He suggested that the turn be banked to help solve
the 'problem.
(Arroyo Bridge)
Cm Turner stated that he has received complaints about the condition
of the pedestrian/bike path on the east side of Arroyo Bridge. The
path is in very poor condition and many people prefer to use the path
rather than cross the bridges in the lanes for cars.
Mr. Lee reported that the path is presently being worked on by crews
and since it is wooden it does have to be repaired frequently.
(Bike Trails)
~
Mayor Futch stated that in planning the Civic Center site it was
felt that it might be a good idea to plan a bike path to connect
with the sunken gardens path to a path that would lead to the arroyo
through the Robertson Park area.
Mr. Lee explained that there are property acquisitions that have to
be made to realize this route in addition to the necessity for bike
paths in the Robertson park area that LARPD will have to provide.
CM-3D-257
August 4, 1975
(Motorcycles in
the Arroyo)
Mayor Futch stated that he has received complaints about motorcycles
in the arroyo and wondered if it would be possible to get a policeman
to go there on weekends.
Mr. Parness stated that it is a matter of divising a method whereby
the offenders can be caught, but he will try to have someone check.
(Visitors Gift)
Mayor Futch stated that he feels it would be appropriate if the City
of Livermore could offer some type of gift to visitors.
Mr. Parness will be reporting back to the Council concerning sug-
gestions as to what types of gifts might be appropriate.
(State Energy Research &
Development)
Mayor Futch stated that he has received a letter from the State
Energy Research Development Commission asking for an appointment
of someone from the City with whom they can communicate and asked
whether or not the City has adopted any energy conserving related
ordinances.
Cm Miller stated that he would suggest appointing Cm Dahlbacka
and Mayor Futch felt perhaps a staff contact would be more appro-
priate and Mr. Parness was designated.
(Stanley Blvd.
Bike Path)
Mayor Futch stated that there are to be some bikeway plans for
the bike path on Stanley Boulevard and asked when this will be
presented.
It was noted that this is one of the items the City wants to get
done and Mr. Lee reporetd that a schedule of tasks has been out-
lined and the schedule is quite lengthy. Numerous property owners
have to be contacted and rights-of-way have to be determined - this
is the stage the staff is working on presently. A preliminary de-
sign has been prepared.
RECESS
Mayor Futch called for a brief recess after which the Council
meeting resumed with all members present, as during roll call.
(Letter to Corps of Engineers)
The Councilmembers reviewed the letter written by Mayor Futch to
the Corps of Engineers.
Cm Turner stated that his understanding of the letter is that Mayor
Futch is saying to the Corps again that we would urge the Corps to
limit its studies to the traditional role of flood control within
the Livermore/Amador Valley.
1"
\_--../
CM-3D-2S8
August 4, 1975
(Letter-Corps of Engineers)
Mayor Futch stated that the point is, there are a number of other
agencies that are doing the other studies proposed to be done by
the Corps of Engineers. He feels there would be unnecessary duplica-
tion of effort and particularly when this is not a local agency doing
the study.
Cm Turner stated that he not opposed to urging them to limit their
studies; however, he is also not opposed to other studies being
done by them as long as Pleasanton, Livermore, and VCSD can still
control the implementation of any study. In view of this, the way
the letter is written, he would be opposed to sending it to them.
Cm Tirsell stated that she agrees with the letter in that it
reiterates the position previously taken by the Council and is
the exact position reiterated back to the Council by the Corps -
that they would not undertake other studies. She stated that she
feels it does not hurt to keep reminding them of their promises to us.
She pointed out that studies done happen to come from the taxpayers
and we certainly do not need large numbers of groups looking at the
same problem.
Cm Miller added that the Corps has already been authorized to spend
more money, and to not accomplish anything, than LAVWMA will spend
by the time its contract is finished.
Mayor Futch stated that basically, what the City is trying to say
is that, sewage treatment for cities has always been someth~~he
cities should take care of. We ~ cities as well as ~~v!
agencies involved are probablYffi It ~ taking care of these ~J.;<
problems and he does not really understand the Army's part in this~Y~
matter.
CM MILLER MOVED THAT THE LETTER WRITTEN BY THE MAYOR BE SENT TO
THE CORPS OF ENGINEERS, SECONDED BY CW TIRSELL AND PASSED 3-1
(Cm Turner dissenting) .
COMMUNICATION RE
REQUEST FOR SUPPORT
OF SB IDD re GAS TAX
A letter has been received from the Alameda County Transportation
Advisory Committee requesting support of SB IDO proposing a one
cent increase in gas and diesel fuel taxes.
CM MILLER MOVED THAT THIS ITEM BE NOTED FOR FILING, SECONDED BY
CM TURNER AND PASSED BY UNANIMOUS VOTE.
APPEAL FOR VARIANCE -
GREAT AMERICAN LAND &
DEVELOPMENT (Murdell Lane)
1'"
Mr. Musso reported that the Great American Land and Development Co.
has submitted an appeal for a variance to allow reduction of side
yards in the 40 unit Murdell Lane Tract. The P.C. denied the reqfest
for a variance noting that the entire pun area developed to RS regu-
lations. There have been no similar variances granted except at a
time when the City was going into a transition. The P.C. also did
not make the prescribed findings to allow the variance.
Cw Tirsell stated that she really doesn't understand the intent of
the application because the park is located behind these houses
and if the side yards are reduced it will mean that there will be
more open space.
CM-3D-259
August 4, 1975
(Appeal for Variance -
Great American Land &
Development (Murdell Lane)
Bill Schworer with Great American Land and Development, stated that
the comments made by Mr. Musso have been very clear and would rather
not go into the discussion which took place with the P.C. because
he did not agree with them and they did not agree with him. He
stated that they have tried to comply with the letter of the ordi-
nance as well as the spirit of the ordinance but that property is
difficult to develop on. They wanted to have a side yard reduction
because they wish to develop a wide house and two story with 12 ft.
on the garage side and from 8-12 ft. on the other side, which did
not comply with the ordinance. They therefore decided that they
could accomplish what they wanted by adjusting lot lines but in
reading the ordinance they found there were problems and he would
like to request withdrawal of the appeal. They have corne up with
a plan that will provide the minimum side yards required by the
ordinance, and they comply with setback for front and back but
he noted that they are having difficulty with the percentage of
coverage and wondered if this can be discussed with the Council
rather than having to go back through the P.C.
Mayor Futch felt it probably would not be appropriate for the Coun-
cil to discuss this issue and that it should go back to the P.C.
Cm Miller stated that if Mr. Schworer has withdrawn his appeal then
coverage is not a part of the original discussion with the P.C. and
if he wishes a variance on coverage he would have to begin at the
P.C. level again.
Cm Miller added that one case will have to be required by a court
decision to increase coverage because no variance is granted for
coverage.
Mayor Futch stated that it would be very doubtful that the P.C.
would change the amount of coverage permitted.
CM TIRSELL MOVED TO REFER THE MATTER BACK TO THE P.C., SECONDED
BY CM TURNER.
Mayor Futch then asked if this motion would be appropriate and
Mr. Musso explained that the application was for approval of a
plot plan, as submitted, and more specifically having to do with
the side yards which were less than required. The applicant has
amended the site plan.
Mr. Logan replied that what the Council has before them is a vari-
ance that has already gone through the P.C., they have made their
findings. The applicant has appealed the P.C. decision and also
has withdrawn the appeal which means the end of the matter. If
he intends to do something else, beginning with the P.C., this is
his choice. At this point there is nothing to refer back to the P.C.
THE MOTION WAS WITHDRAWN.
APPEAL RE SIGN VARI-
ANCE - JERSEY CROWN DAIRY
The appeal from Roy Viscomi concerning the decision of the P.C. for
the Jersey Crown Dairy sign at 112 Maple Street was continued to
August lIth at the request of the applicant.
n
CM-3D-26D
August 4, 1975
REPORT RE CBD PARKING
& BUS. LICENSE SURCHARGE
(
U
Several years ago a surcharge was added to the business license fee
for downtown merchants to pay the lease costs of the parking facili-
ties located behind the First Street retail area. The charge amounts
to 146% for merchants on the north side of First Street and 79% for
those on the south side and those merchants on South "J" and South "K".
A petition has been signed by 17 merchants on South "J" and South "K",
objecting to the surcharge, l3 of which presently pay the surcharge.
Mr. Parness reported that the particular merchants affected by the
surcharge have been paying the fee for about 8 years of the IO year
lease term and the lease amount has been paid annually by this method.
There was a very careful analysis done of the equity involved in estab-
lishing the rate and admittedly a line has to be drawn someplace. It
had to be determined which merchants would benefit from the parking
lot and which would not, and there could be a number of arguments
cast in this regard. There are properties contained within the
bounds of the district that may argue that no benefit is received
from the parking lot but this is a highly debatable subject.
Mr. Parness stated that he tried to explain to some of the complaining
merchants that the parking lot is full, daily, and that most of the
parking is taken up by employers and employees of the stores. If the
parking lot were not available these cars would be parking on the
street and could be consuming many of the on-street stalls that the
merchants are now trying to keep clear for their customers. Therefore,
even if some of the customers do not park there the additional parking
facilities allow customers to park on-street. Although he can sympa-
thize with the grievances expressed, money must be afforded and the
fee must be paid by someone. At the time the lease was arranged
it was agreed by the merchants, overwhelmingly, that this kind of
arrangement was their preference. The County is being assessed a
supplemental amount because a substantial number of people are
using the parking facilities while at the court offices. The County
is paying $l,2DD/year which is credited towards the lease rate charged
to the businesses.
Mr. Parness has inquired as to the availability of additional S.P.
property that might be available for additional parking facilities
and S.P. is proposing some type of charge and area the City might
be offered. This means that there will have to be a source found
for the payment of the improvement and leasing of property for
parking purposes and he has written to the County to alert them that
much of the reason for the need for additional property is because
of what is happening with respect to the court building. There
is now a second court located there, a District Attorney's office, and
reportedly a probation office with about nine probation officers
located in the building.
The complaint has been made that BART commuters are using the parking
facilities but during investigation it has been found that very few
commuters are using the parking lot.
(-
-,"---
Mr. Parness stated that some of the merchants may have a right to
complain but the revenue must corne from somewhere. The City has
tried very hard on three occasions to form off-street parking assess-
ment districts that would primarily benefit the areas of "J" and
"K" Street, and all of the merchants at that time were in favor of
it but the property owners were the blocking force.
Cm Miller stated that he recalls watching the efforts for the forma-
tion of an assessment district and that two of the people who were
opposed to the district have signed the petition. The lease and
fee was worked out with the merchants on an annual basis and it
would seem best to leave things as they are.
CM-3D-261
August 4, 1975
(Report re CBD Parking &
Business License Surcharge)
It was noted that the City gains no revenue from this source but
that the surcharge is only for the amount of the lease payment and
repair of the parking lot.
Cm Tirsell wondered if the County will be contributing more money
since the second court will be there.
v
Mr. Parness stated that he has written to the County informing them
that the City cannot accommodate anymore off-street parking on the
present lot and the City is asking the adjoining property owners to
make available more property. This means that the County will have
to pay more and hopefully the City will receive a favorable response
from them.
Cm Turner felt it should be determined just what percentage of park-
ing is being used by people coming to the court - if it's 90% the
County should pay 90% of the cost of the lease. If, on the other
hand, merchants and employees are using 90% of the parking, the
merchants should pay 90% of the cost.
Mr. Parness stated that about two years calculations were made,
with rather exacting proof of how many stalls were being used
by people going to the court, and it equated to about $IOD/month.
The County did not contest this amount and agreed to pay it; how-
ever calculations can be done again.
It was suggested that after the additional development takes place
concerning the court building and after the second court and pro-
bation offices have settled, a calculation should again be done.
Ruth Bailey, S54 Escondido, wondered why there are no parking
meters in the lot as well as on the street as a source of revenue
for the City and then perhaps some of the all day parking would
move elsewhere.
Mr. Parness replied that the Council discussed this matter, in
great depth, and the matter was reviewed by two different off-street
parking committees. It was concluded that parking meters would
result in the opposite of what the City needs downtown, just in
the interest of the economic liability. Where parking meters
are used and are of some benefit, are in highly congested mercan-
tile districts that require turn-over parking. Meters are a
regulatory device to move cars. What the City needs to do is
to make parking an amenity to shopping and more convenient, and
parking meters will not satisfy this requirement. If enough
money is not generated from the meters then they become a finan-
cial burden. It was felt that the revenue generated, in Livermore,
would be a fraction of what would be needed.
Bobby Silva, part owner of The Cover-Up on South "J" Street, stated
that her concern is for more parking on the south side of First
Street, not additional parking adjacent to the already existing
parking lot. She stated that her customers will not park across
the street behind the stores on First Street and walk to her shop.
She stated that during the evening hours when it is dark she will
not walk to the car that far from the store in the dark and she
wouldn't expect her clients to do it either.
Mayor Futch asked if there are lots on the south side of First
Street that could be used for additional parking and Mr. Parness
replied that there are lots located there but they are privately
owned.
Mr. Parness added that it was the intention of the City that if
a parking assessment district could be formed, some of this
CM-3D-262
August 4, 1975
(Report re CBD Parking &
Bus. License Surcharge)
property would be purchased for this purpose; however, the City
has been unsuccessful in arranging for a financial method by which
the needed property could be acquired.
It was mentioned that "J" Street was torn up during Christmas
time because of the mall construction and this was very distressing
to the merchants. If construction of the "K" Street mall is delayed
the project will wait until after the holidays.
Gail Sidhu, owner of the Knit Craft on South "K" Street, stated
that she believes in the subsidized parking facilities and that
she either rides a bicycle to work or parks behind Baughmans on
private property. There are offices located on "K" Street
and many of the employees park in the one hour spaces and keep
running out and moving their cars during the day and this is
part of the reason there is no parking available for customers in
this area. She stated that the more parking lots, the better, and
believes people should not expect the City, County or state to pay
for everything. She does not object to paying her share of the
parking surcharge but she indicated that she really would like one
spot of her own in which to park - not necessarily on "K" Street.
Torn Bailey stated that he feels the share the County pays is not
fair because the City has estimated that the court uses lS spaces
a day, and he is sure there are many employees using the lot, in
addition to visitors.
Cm Miller noted that the City is again going to review what portion
the court is using and the County may be asked to pay much more than
they are currently contributing if it is determined they are using
more spaces.
Bonnie Steele, of the Cover Up, stated that she feels the merchants
should be taxed more fairly and that it certainly isn't fair that
those in the mall are not charged for the parking behind First
Street, when those on "K" and "J" are. She stated that they don't
mind paying for parking but they want parking on their side of the
street. She stated that she pays an $80 license fee and that $53
of this goes towards the parking and feels this is inequitable.
Douglas Bond, owner of a barber shop, also spoke concerning the matter.
Mayor Futch at this time asked for a show of hands as to whether
or not the merchants would favor more strict parking regulations
and two people indicated that they would.
Mayor Futch suggested that the City Attorney be allowed to report
back to the Council as to whether the City could legally restrict
parking or reserve parking spaces for merchants.
The staff will do more research concerning this item and report
back to the Council later.
~\
( \
Cm Turner stated that he would request that the staff do the following:
l) A new survey, since one has not been conducted in two years; 2) The
possibility of increasing the fee for someone parking past the expira-
tion time; 3) Reasons why the merchants in the mall do not help pay
for the parking; and 4) The possibility of additional parking facil-
ities for people south of First Street.
REPORT RE COMMERCIAL
VEHICLE PARKING
The City Manager reported that the Council requested that portola
Avenue be posted by the County prohibiting on-street parking of
commercial vehicles and notices were left with each vehicle ask-
CM-30-263
August 4, 1975
(Report re Commercial
Vehicle Parking)
ing for an expression concerning the need for parking facilities,
and citing various private areas available for rent, upon demand.
There was no response from the owners of the vehicles with respect
to need for a parking space. Apparently there is no need for the
City to provide parking.
ON MOTION OF CM TURNER, SECONDED BY CW TIRSELL AND BY UNANIMOUS
VOTE THIS ITEM WAS NOTED FOR FILING.
REPORT RE DISPOSABLE
BEVERAGE CONTAINERS
The City Manager reported that in response to a Council request
for information concerning disposable beverage containers, various
governmental agencies having such legislation have been contacted
to obtain information as to their experience with enforcement. In
summary, it was found that it was difficult to enforce such an
ordinance and some City Councils have requested that the legisla-
tion be repealed.
Also included in the report was a copy of AB 2353, Litter Abatement
and Resource Recover Act of 1975, which establishes a comprehensive
state program to reduce litter and develop solid waste resource
recovery and recycling facilities.
Cm Miller stated that he is the one who brought this matter before
the Council and would like to make comments. I) It has been re-
commended that the Council support AB 23S3, if they wish to pursue
this matter, and that this should be the end of the Council efforts.
He stated that he is rather discouraged about this recommendation
because there is no guarantee that the state will do anything.
AB 23S3 is a minimal attempt to do anything at all. 2) Solid waste
problems generally, and the cost of disposing of solid waste be
could be sharply reduced if disposable beverage containers were
eliminated, and if there were standard sizes for all containers.
Somebody pays for all of this and we are paying for it in our gar-
bage bills.
Cm Miller added that the thing that is discouraging to him is the
failure of the state to act; and the failure of anybody to act,
and he feels we will never get through all this litter unless we
try to do something. There has never been much support at the
Council level for doing anything specific. It's certainly true
that these other cities are having problems, except in Bowie, Mary-
land, where the ordinance was upheld by the Circuit Court. The
idea of giving special attention to recycling is only a "band-aid"
and will solve nothing.
Cm Miller stated that he still thinks the City should adopt, as a
minimum, an ordinance to prohibit disposable beverage containers,
but is not sure how much support there would be from the Council.
Cm Turner wondered if it would be fair to the merchants to prohibit
disposable beverage containers (flip top cans) if there isn't a
statewide ordinance, and in his own mind feels it would not be fair.
Secondly, how could we enforce such an ordinance, just in the City
of Livermore. Lastly, AB 2353 is very weak and if the City feels ~
strongly about such legislation contact should be made to our (\
legislators in Sacramento to get something going that has teeth in it.
Cm Miller stated that he is in favor of doing this but to have an
ordinance for Livermore would be a step in the right direction.
Cm Turner felt it would not be possible to enforce such an ordi-
nance just in Livermore.
CM-3D-264
August 4, 1975
(Report re Disposable
Beverage Containers)
Cm Miller stated that there can be a law to enforce the prohibition
of selling the flip top cans or disposable beverages. It is true
that some people will go out of town to buy disposable cans but
the City could discourage the sale, or a tax could be imposed;
CW TIRSELL MOVED THAT THE COUNCIL SUPPORT AB 2353 AND AB 1073,
SECONDED BY MAYOR FUTCH AND PASSED BY UNANIMOUS VOTE.
CM MILLER MOVED THAT THE CITY PROHIBIT FLIP TOP CANS AND DISPOSABLE
BEVERAGE CONTAINERS IN THE CITY OF LIVERMORE, AND TO DIRECT THE
STAFF TO PREPARE THE APPROPRIATE ORDINANCE, SECONDED BY CM TURNER
FOR DISCUSSION PURPOSES.
Cm Turner stated that he feels it is unfair to penalize our merchants
when the surrounding cities and the State of California are not sub-
ject to this regulation. He stated that he feels this is one
regulation that must begin at the state level and will vote against
the motion.
Cm Miller stated that he does not view this as something at the
expense of our merchants because they can sell what they are al-
ready selling - returnable bottles.
Mayor Futch felt the matter is something that would have to be
statewide to be effective.
Cm Miller stated that this is exactly why ordinances are never
passed anywhere. Everybody argues that it can't be done locally
and then it never passes on the state level and this is exactly
the reason no such law is prohibiting this kind of garbage and extra
expense on solid waste disposal. It never gets done because every-
body continues to argue that it has to be done one step up. He
added that Oregon and Vermont are doing something have legislation
that is fairly good but attempts to apply this type of legislation
in California have failed aduring at least two sessions of the legis-
lature. If it can't be done statewide it should be done locally,
in his opinion. He stated that there are arguments on the other
side, and Cm Turner has expressed these; however he still believes
it is more overriding to try to do something about this problem
rather than pushing it off to the state and hoping that AB 2353
and AB 1073 will pass is not enough.
Mayor Futch stated that he feels the majority of the Council feels
a statewide ordinance would be desirable and certainly agrees with
the philosophy expressed by Cm Miller about banning the disposable
bottles. It's a matter of whether one believes a local ordinance
could really be effective.
MOTION FAILED 1-3 (Cm Turner, Cw Tirsell and 11ayor Futch dissenting) .
REPORT RE SENIOR
CITIZEN TAXI SERVICE
f\
i
The City Manager reported that the Alarneda County Human Resources
Agency has offered the City a grant of $22,050 to subsidize senior
citizen transportation services, for the new fiscal year. Those
who would qualify for the subsidized service would be citizens
over 60 years of age within the City of Livermore and must meet
at least one of the following requirements:
I. Persons eligible under Chapter 3, Welfare and Institutions Code.
2. Persons eligible under Title 16, Social Security Act.
3. Persons receiving welfare or public assistance.
4. Persons with a minimal income based upon family size.
CM-3D-265
August 4, 1975
(Report re Senior
Citizen Taxi Service)
Those eligible will be allowed local taxi service for 5D~ and the
agreement will reimburse the taxi company $1.DS. It is estimated
that 21,00D rides will be afforded during the agreement term.
/~
( )
It is recommended that the Council adopt a resolution authorizing
execution of agreements with both Alameda County and Tri-Valley
Cab Company.
Mr. Parness added that, regrettably, the one qualification that
each person must observe is the income level, which is set quite
low. It is not nearly as good a program as the City was originally
led to believe, unfortunately; however, perhaps it will serve a
small portion of the community.
Cm Miller asked if the City or the cab company will be doing the
bookkeeping for this program and Mr. Parness replied that the City
will do it, insofar as receiving applications and certifying them.
Cm Miller stated that apparently this program would be of benefit
to very few people in the community and wondered if there would
be an advantage in not entering into the agreement at all and
to possibly use the money for something else.
Mr. Parness replied that the City could not use the money for any
other purpose and the money would just go back to the County.
Cm Miller added that this is revenue sharing money for Alameda County
and perhaps it would be better to allow the money to be used for
social welfare purposes, for which a portion of revenue sharing is
used. If it happens that very few people are able to take advantage
of this service perhaps the City should consider allowing this por-
tion to be used elsewhere.
CM MILLER MOVED THAT THE COUNCIL ADOPT THE RESOLUTIONS, AS RECOM-
MENDED BY THE STAFF, SECONDED BY CM TURNER AND PASSED BY UNANIMOUS
VOTE.
RESOLUTION NO. 162-7S
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
(County of Alameda)
RESOLUTION NO. l63-75
A RESOLUTION AUTHORIZING EXECUTION OF AGREMEENT
(Tri-Valley Cab Company)
REPORT RE COORDINA-
TION OF BUS SERVICES
The Council has suggested, in the past, that an attempt be made to
coordinate local public transit systems functioning in the City
(Franciscan Lines, Pioneer, Senior Citizens Bus, and A.C. Transit)
and the staff has made inquiries concerning this possibility.
(\
\
The staff report indicates that the Franciscan Lines operates only
during peak commute hours to and from San Francisco, Pioneer Lines
has ceased operation, the Senior Citizens bus is not available for
public transit and A.C. Transit overlaps with The Franciscan Lines
during the commute hours.
CM-30-266
August 4, 1975
(Report re Consolidation
of Bus Services)
It is recommended that the matter of a combined schedule be dropped
until such time as the city implements its own bus transportation
system or until Pioneer Lines is reactivated.
Cm Turner stated that the last time the Council discussed this
issue was when Pioneer Lines carne to the Council announcing that
they would be discontinuing service. At that time, as he recalls,
the City was to look into the possibility of leasing the Pioneer
busses for public transportation. This consideration was not
mentioned in the staff report. He added that he feels the City
should do something right away and can see that this could drag
on forever before anything is done.
Mr. Parness commented that the staff is about to receive the final
report of the consultant study, which is a five month study effort
at a cost of $20,000 to the federal government. The cost is very
detailed and he believes it gives much in the way of statistics
and needed information about patronage figures, cost, availability
of federal and state monies and other items. It is important that the
Council takes the resource material, study it and then with the help
of the Transportation Advisory Comnlittee and the City staff, decide
upon the next appropriate course of action which might be one of
implementation. The City has been suffering delays already, and he
knows of no reason why there should be further delay. He would like to
point out that if the Council decides the system suggested is not
feasible for one reason or another or that we simply can't afford
it then perhaps we should look in another direction; however if we
do it will be on our own with no source of federal assistance.
Cm Turner stated that he would be willing until the report comes
out to present his proposal but feels very strongly about the
fact that something should be done very soon.
FURTHER DISCUSSION OF THIS ~~TTER WAS POSTPONED.
REPORT RE ZONING
ORDINANCE FEE REVISIONS
The Council has received a copy of the proposed amendments to the
Zoning Ordinance regarding fees. The new approach concerning the
fee is based on the number of steps to the process rather than
the type of permit (CUP, PUD, ZUP). Also to be included is an
additional fee for site plan approval, public hearings, ordinance
publication costs and the EIR fee structure.
Mr. Musso reported that he has talked to various people about
having the public hearing publication fee billed directly to the
applicant rather than having the City collect the money and pay
the newspaper. The fee structure is approximately the same as
it was using a different base of collection.
(\
Cm Miller stated that he reviewed the report and there were some
things that were not clear. He would suggest that this item be
continued and that the staff be asked to prepare a systematic
example, AND MOVED TO CONTINUE THE MATTER UNTIL MORE INFORMATION
IS AVAILABLE. MOTION WAS SECONDED BY CM TURNER AND PASSED BY
UNANIMOUS VOTE.
REPORT RE PARK SITE
ACQUISITION PROPOSAL
The Planning Director reported that Steve Riggle, of the People's
Church has offered to sell four acres of property located on Blue-
bell Drive in Springtown to the City for $20,000 to be used for
CM-3D-267
August 4, 1975
(Report re Park Site
Acquisition Proposal)
park purposes. The estimated value of the land is $40,000. The
City referred the matter to LARPD who has indicated no interest
in the proposed acquisition and it is recommended that the pro-
perty owner be notified that the City declines the sale offer.
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE THE STAFF RECOMMENDATION WAS ADOPTED.
REPORT RE PENDING
LEGISLATION
The League of California Cities recommends support and opposition
of the following bills:
Oppose: AB II; AB 1059; AB 18a; SB 662
Support: AB 1223 and AB 1375
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE THE LEAGUE RECOMMENDATIONS ~iERE ADOPTED.
REPORT RE JOINT
POWERS AGREEMENT - COVA
There was some discussion among the Councilmembers concerning the
committment to a budget without knowing everything that is included
in the COVA budget and the ability to withdraw without being obli-
gated to costs after withdrawal.
FURTHER DISCUSSION OF THIS ITEM WAS POSTPONED AND THE CITY ATTORNEY
WAS DIRECTED TO MEET WITH THE OTHER ATTORNEYS INVOLVED WITH THE
COVA AGREEMENT AND TO REPORT BACK TO THE COUNCIL.
REPORT RE STATE AGREEMENT
- NO. "L" STREET GRADE
CROSSING PROTECTION
The City Manager reported that the City has recently received infor-
mation that federal aid for grade crossing protection devices is
about to be terminated. Our project at "L" Street might yet
qualify. The total estimated cost is $43,500, of which 90% will
be paid by the federal government.
It is recommended that the Council adopt a resolution authorizing
execution of agreement with the State of California for federal
funding for the railroad crossing at "L" Street.
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE, THE RESOLUTION WAS ADOPTED.
RESOLUTION NO. 164-75
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
(State of California)
(\
REPORT RE EMPLOYEE
SERVICE AWARD PROGARM
The report concerning the Employee Service Award Program was post-
poned to the end of the meeting and removed from the Consent Calendar
for comments from Cm Turner.
CM-3D-26a
August 4, 1975
(Report re Employee
Service Award Program)
Cm Turner suggested that rather than a gift certificate for five
years of service, that a pin could be given with the number of
years designated, or in the case of a woman that it be in the form
of a charm.
Mr. Parness replied that this is what has been effect for the past
fifteen years.
On motion of Cm Turner, seconded by Cm Miller, and by unanimous
approval the resolution adopted the service award program was passed.
RESOLUTION NO. 165-75
A RESOLUTION ADOPTING EMPLOYEE SERVICE AWARD PROGRAM
ADJOURNMENT
APPROVE
The meeting was adjourned at 11:45 p.m. to an executive session
to discuss litigation.
(ltd, )I" ~/
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. Liverm re, California
ATTEST
Regular Meeting of August II, 1975
A regular meeting of the City Council of the City of Livermore was
held on August II, 1975, in the Municipal Court Chambers, 39 South
Livermore Avenue. The meeting was called to order at 8:05 p.m.
with Mayor Futch presiding.
ROLL CALL
Present:
Absent:
Cm Turner, Miller, Cw Tirsell and Mayor Futch
Cm Staley (Excused Vacation)
PLEDGE OF ALLEGIANCE
Mayor Futch led the Councilmembers as well as those present in the
audience, in the Pledge of Allegiance.
MINUTES
July 28, 1975
('
Page 224, 4th paragraph, first line should read: Cw Tirsell asked
if ~ people...etc
Page ~47, second line from bottom, first word should be appointment
(delete the word bit) .
CM-3D-269
August ll, 1975
(Minutes Corrections)
Page 232, first paragraph, Item 4) should read: To rezone the
portola site will not really solve the shopping needs of the people
north of I-S8D. Delete the rest of the wording in this item.
Page 232, second paragraph, beginning line 4 should read: there is
no guarantee that the buffer zone will not go commercial and there
would be pressure for the City to allow more commercial in the re-
maining seven acres.
Page 233, second paragraph, third line should read: from residents
in the immediate area and the applicant could not guarantee that
there would be a buffer strip to protect existing residential from
commercial encroachment.
ON MOTION OF CM TURNER, SECONDED BY CW TIRSELL AND BY UNANIMOUS
VOTE (Cm Futch abstaining due to absence) THE MINUTES FOR THE
MEETING OF JULY 28, 1975, liERE APPROVED AS CORRECTED.
OPEN FORUM
(Introduction
of French Student)
Mr. Reuben Pena, 123 EI Caminito, stated that a student from
France is visiting in Livermore and living with his family and
he wanted her to observe municipal government in action.
(Agenda Items) )
David Castro, 2276 Chestnut Street, stated that the Council agenda
often has items concerning the spending of money and felt this
should be placed on the ballot for a vote of the people and not
to be decided by the Council. He then complained about the people
working for the government continuing to make more money and cost-
ing the public more money indicating that this problem is all the
way from the federal government down to the municipal government.
(East Avenue Bike
Lane Hazard)
Mike Stevenson, 350 Burgess, stated that he was involved in an acci-
dent last Thursday while riding his bicycle in the bike lane on East
Avenue and that the situation, as it has existed since the installa-
tion of the bike path, is one that absolutely demands something be
done. He stated that he does not have all the answers but would
like to briefly point out some of the problems.
Eleven years ago there was nothing but a blacktop strip on each
side of East Avenue with a painted line separating the path from
the street. During this time he doesn't recall that there were
any near accidents as far as he is concerned, while riding from
town to work. A survey was done by the County and as a result
the present bike path has been provided with two-way traffic on
the south side of East Avenue, and a berm was installed to separate
the bike path from the traffic.
\
He stated that when he had his accident he was, in essence, riding
on the wrong side of the street and this has been a source of legal
difficulty in the past. In order to help solve this problem he felt
the implementation of a path on the north side would be advisable.
He indicated that a large number of encounters that happen between
bicycles and cars tend to happen at intersections in which the driver
CM-30-27D
August ll, 1975
(East Avenue Bikeway)
of the car looking to his left and the bicycle is coming from his
right. This proble m could be alleviated, to a large extent, by the
placement of a bike path on the north side of East Avenue.
\ )
~j
Mr. Stevenson added that he realizes the City doesn't have control
over the installation of another bike path because this is County
property but would hope to solicit the help of the Council in getting
something done. Bike paths that go against the flow of traffic are
inherently bad because they subject the rider on the path to a higher
degree of risk and also train people to ride on the wrong side of the
street.
Mr. Stevenson also spoke in opposition to the berm used to divide
the bike path from the traffic indicating that in doing research
on this matter, a state study recommended that berms be used only
under very specific situations which included a bike path of at
least nine feet in width.
Mr. Stevenson indicated that he believes the possibility of a fatality
type accident is very real for East Avenue and the types of accidents
that have already occurred will certainly continue unless something is
done and urged that the Council place some priority on correction of
the situation on East Avenue.
Mayor Futch commented that the Council has recognized that a bike path
on the north side of East Avenue is necessary and has made this recom-
mendation to the County. The County has agreed to place a path on
the north side and a rather detailed plan has been drawn up to provide
for paths on both sides.
The matter of the berm has been a subject of dispute between bicyclists
with a fairly high percentage favoring some ttype of separation. The
present design of the berm is not satisfactory and engineers are
looking into the possibility of providing a type of berm that would
be safer.
Mr. Stevenson commented that if the berm had not been there he would
have escaped injury last week because there was no oncoming traffic
and he could have gotten out of the way. He would favor a separation
that would allow the bicyclist to cross over if necessary.
Cm Turner wondered when East Avenue is scheduled for widening that
will include a path on both sides of East Avenue.
Mr. Lee replied that a schedule has not been established for the
actual construction. The setting of standards and the preliminary
design is underway at present but it has not been budgeted by the
County and the City's share has not been budgeted. The City has
made it very clear to the County that the City is very anxious to
proceed at the fastest pace possible. After the standards for the
street are established, hopefully construction will commence at a
reasonably early time.
Cw Tirsell stated that possibly before the three phase widening
takes place the City is going to lose a cyclist. This makes three
times within a year the City has had injured people before the Council
who have narrowly missed having a fatal accident. She wondered if
the County could be petitioned to go back to the old bike path on
the north side for westerly bike traffic, using the south side path
for bike traffic going towards the lab, since this was successful for
many years. All the accidents brought to the attention of the Council
have been bikes traveling westbound where a car pulls right out into
the bikes.
CM-30-271
August 11, 1975
(East Avenue Bikeway)
Cm ~1iller felt one of the reasons for pressure to get a wider bike path
on the south side was because there were so many accidents and near
accidents when people were traveling on the very narrow right-of-way
on the north. No matter how you do it, it's a "loser".
Cw Tirsell stated that she would like to see a report of the number
of accidents that occurred with the old narrow two way system and the
number which have occurred since the path has been wider but only on
the south side. She also suggested that this be referred to the
Bikeways Association for their comments concerning the berm, etc.
She felt there must be something that could be done to help alleviate
the problems, immediately. She stated that she would also be interes-
ted in the standards used for VCSD. :Perhaps the City could get
the County to reduce the height of the berm.
Cm Miller pointed out that there was an increased number of riders
when the right-of-ways were separated and this should be taken into
consideration when reviewing statistics on accidents.
Cm Turner stated that he is concerned about the bike path on East
Avenue because his children will be using it when school starts
and also because he knows of instances where people have been hit
by cars at intersections, just as Mr. Stevenson was. Just last
Friday a boy was struck by a car at one of the intersection.
The City has been very lucky that nobody has been killed.
The staff was directed to report back to the Council with statistics
concerning number of accidents, comments from the Bicycle Association
and a copy of the standards, particularly with respect to the berms.
SPECIAL ITEM - COUNTY
BLOOD BANK PROGRAM
Richard J. Farana, Director of Public Relations for the Blood Bank
of Alameda-Contra Costa Medical Association, Oakland, stated that
he would like to briefly explain the function of the Medical Associa-
tion Blood Bank and hopefully a resolution will be passed supporting
a blood bank and also establishment of a committee in the City of
Livermore to increase volunteer blood donations in Livermore.
Mr. Farana explained the history of the present all volunteer blood
bank program and the number of units necessary daily to serve
a community. He indicated that they would like a better response
from volunteers in Livermore and Pleasanton and perhaps City employ-
ees could be encouraged to participate.
Mayor Futch suggested that the staff come back to the Council with
recommendations as to how City employees might be encouraged to
participate.
It was noted that there has been a very good response from those
working at the Lab and Sandia.
Mr. Farana commented that their primary concern is getting more people
to donate at the mobile unit in Livermore.
Cm Turner noted that perhaps something can be done through Rotary or
other such groups.
Mayor Futch felt the target is for City wide participation in addition
to the special organizations.
CM MILLER MOVED TO DIRECT THE STAFF TO PREPARE A RESOLUTION IN SUPPORT
OF THE BLOOD BANK" SECONDED BY CW TIRSELL AND PASSED UNANIMOUSLY.
CM-30-272
August II, 1975
CONSENT CALENDAR
Design Review
Committee Minutes
Minutes for the Design Review Committee meeting of July 23, 1975,
were noted for filing.
Housing & Community
Develop. Act Program
The City t1anager reported that the federal Housing and Community
Development Act Program is to be administered by the Alameda County
Housing authority and will allow rent subsidy for low income families.
Of the 944 units allotted to Alameda County, it has not been deter-
mined what amount will be assignable to Livermore. It is recommended
that the Council adopt a resolution to authorize the Alameda County
Housing Authority, in cooperation with the Livermore Housing Authority,
to operate within our municipal bounds.
RESOLUTION NO. 166-75
A RESOLUTION AUTHORIZING THE HOUSING
AUTHORITY OF ALAMEDA COUNTY TO OPER-
ATE WITHIN THE CITY OF LIVERMORE.
Acceptance of No.
Livermore Ave. Median
Irrigation & Landscaping
The Public Works Department recommends acceptance of Project 74-36,
North Livermore Avenue Median Landscaping and Irrigation, for main-
tenance.
RESOLUTION NO. 167-7S
A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR
OF PUBLIC WORKS TO RECORD NOTICE OF COMPLETION RE
MEDIAN LANDSCAPING AND IRRIGATION OF NO. LIVERMORE
AVENUE - PROJECT 74-36
Payroll & Claims
There were 28 claims in the amount of $2,036,775.97, and 287
payroll warrants in the amount of $95,050.80, for a total of
$2,13l,826.77, dated July 31, 1975, and approved by the City Manager.
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM MILLER, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE,
THE CONSENT CALENDAR WAS APPROVED.
(\
. \
MATTERS INITIATED
BY THE STAFF
(Request for
Executive Session)
Mr. Logan requested that the Council hold an executive session after
the meeting to discuss legal matters.
CH-30-273
August 11, 1975
(National League of
Cities Program)
Mr. Parness reported that the National League of Cities has scheduled
a program to take place on August 22nd and 23rd and in looking at the
agenda there appears to be a number of very important items rela-
tive to local government and would urge attendance by any Council-
member who might be interested.
(Transportation
Committee Meeting)
Mr. Parness reminded the Council that a meeting has been scheduled
for \vednesday, August 13th, to discuss local transportation plans.
The meeting will take place at 7:30 p.m. at the Airport Administra-
tion Building.
(LAFCO Meeting re
Sphere of Influence)
The City Manager reported that the City has been told LAFCO will be
holding a meeting on August 28th to reconsider the application of
Mr. Anderson and others for secession from our Sphere of Influence.
Reportedly there are over 90 property owners joining in this request.
Cw Tirsell stated that she would be happy to go as a Council repre-
sentative but would like permission to work with the City Attorney
on a presentation for the day with another Councilmember present,
if possible.
Cm Miller suggested that the City take a court reporter and be ade-
quately prepared.
(Downtown Parking)
Cm Turner stated that he read newspaper articles about the downtown
parking situation and someone has suggested to him that while the
City is reviewing the public parking situation, there be considera-
tion of the following: I) paving of the land between the buildings
on First Street, which is muddy during rainy seasons, and 2) possi-
ble parking provided between these buildings.
Mr. Parness replied that the City would have to get rights of access
from other properties in order to do this and the City hasn't been
successful in doing so in the past.
Cm Turner stated that the third point suggested by a gentleman was
that there be directional signs located downtown for public parking.
Mr. Lee commented that there are signs at the entrances on First
Street, but would check to see that there are adequate signs.
(Ancestral Trees)
Cm Turner stated that he has spoken with Harry Silcocks of the
Beautification Committee who has asked that the Mayor again respond
concerning their letter to the Council about ancestral trees. Appar-
ently they did not understand the Council's first response to their
letter.
o
The staff was asked to obtain copies of the minutes in which decisions
were made concerning ancestral trees, and forward to the Council.
CM-3D-274
August II, 1975
(S.P. Property Quitclaim)
Cm Miller wondered when the City obtained the quitclaim for the S.P.
property which was part of the requirements for the opening of Longs.
~-
Mr. Lee could not give the exact date but indicated that they had
been submitted.
(Solid Waste - Disposable
Containers)
Cm Miller stated that he is a representative of the Mayors Conference
to the Solid Waste Advisory committee and one of the things that
will ultimately be recommended in the Solid Waste Management Plan,
are the bottle bills. Last week this was discussed and he pointed
out problems of cities adopting ordinances concerning bottles.
There is a general feeling that this can't be done by a city alone
and the counter argument has been raised from a representative
of Berkeley. The upshot of the discussion was that everybody agreed
if something can't be done at the statewide level one should certainly
try to work through the Mayors Conference to try to get the cities
in Alameda County to adopt a bill or request the County to adopt
a bill. It was suggested that at the same time ABAG and other
counties be contacted in an effort to get a regional bottle bill,
which could be successful.
Cm Miller suggested that Mayor Futch raise this question at the
next Mayors Conference and ask that the item be placed on one of
their agendas soon.
Cw Tirsell stated that she had a similar suggestion which was that
other cities which have adopted ordinances but have rescinded them,
be contacted to determine if there could be a consensus on an ordi-
nance. If there could be a standard ordinance everyone could look
at and approve, the intent wouldn't be picked to pieces.
Mayor Futch felt if there could be support from those cities who
have previously tried to ban disposable bottles, it may be more
influential when the Mayors Conference is approached on this matter.
Cw Tirsell stated that it may take time for the Mayors Conference
or Alameda County to come up with something concrete and would
suggest that during the interim Livermore contact the other cities
who tried an ordinance and ask them to help form a lobby.
Cm Turner stated that he would like to hear comments from the Mayors
Conference prior to going to the trouble of contacting the other
cities and drafting an ordinance.
Cw Tirsell felt it might be more effective to have something for
them to look at, in summary, rather than saying, "let's all talk
about litter".
uMayor Futch suggested that perhaps there might be more of an impact
if the Solid Waste Committee would first make their recommendations
and then get all of the other cities to support it.
~'
(
Cm Miller stated that there is supposed to be a meeting between the
Solid Waste Advisory Committee and the Mayors Conference but doesn't
know what the date is at this point. Our report has to be into the
County Planning Commission in less than two weeks and then there has
to be a series of public hearings. Hopefully, after the Mayors Con-
ference has heard from this there will be an invitation to the Council-
members of various Alameda County cities to hear this report.
The advantage of the bottle bill being singled out is because this
is something everybody can support. The plan is going to be a very
thick plan with a lot of backup material and he would guess there
CH-30-275
August II, 1975
(Solid Waste - Disposable Bottles)
will be a lot of Councilmen who will never read it. The contro-
versy will probably lie less with the bottle bill than it will with
who will do the garbage collection, own the transfer station, and land
fill. There will be a lot of controversy on these matters which will
divert attention from something such as a bottle bill. He would prefer
to have the issue raised at the Hayors Conference and be discussed be-
cause all the other issues having to do with solid waste management
will corne before them anyway.
Mayor Futch wondered how something could be done on a regional basis
because there is no single jurisdiction that could enact a law for all.
Cm Miller explained that all the jurisdictions in the Bay Area
must be encouraged to adopt a uniform ordinance.
Mr. Parness stated that he is concerned about the legality involved
and someone will have to answer this point. It is a legal debate
as to whether this can be a local option.
Cw Tirsell stated that before the Mayors Conference is approached
the homework had better be done concerning the legalities.
The City Attorney commented there is not a great plethora of law
in this area, particularly with respect to what the effect would
be. It would be a local ordinance vs. the statewide ordinance.
There are concerns other than just mere pre-emption and those con-
cerns could be very substantial concerns, such as interference
with interstate commerce. Apparently there is a law in Maryland
that has been challenged and upheld but he hasn't really looked
at the case - this is only in federal court and hasn't gone above
the d~strict co~rt level. He stated that he is not indicating,
one way or the other, whether or not this would be struck down
as.,being an unlawful interference with interstate commerce but the
Council should be prepared to expect to go into some rather protrac-
tive litigation, should the Council decide to pass this law. Then
there is the question of whether or not the other cities would be
willing to participate in the financial cost of accepting a challenge.
Mayor Futch stated that he feels the preferable course of action would
be to get the support of all the cities and the County to obtain a
statewide ordinance. We would be more likely to receive support from
the County if we went to them with a proposal for statewide legislation.
The City Attorney stated that he does not mean to imply that this
would fall through because it is an unlawful interference with
interstate commerce - this is just a very possible argument that
could be raised by distributors, and should it be raised it is
likely to have to be settled in the highest court because California
would be setting a precedent with this type of legislation.
It was concluded that the Council will discuss tthis item next week
and the City Attorney will look into the legal aspects and report
back to the Council.
(Criticism of EPA)
Cm Miller stated that public officials from Alameda County have been
criticizing the EPA for doing their job and he finds this particularly
irritating. EPA is trying to do what the Clean Air Act and other en-
vironmental laws require them to do. Consequently, he would suggest
sending to our Congretional representative and other Congressmen of
the Bay Area and our State Legislators, a letter supporting the attempts
CM-30-276
August II, 1975
(Criticism of EPA)
of the EPA to meet the goals of federal law. Not everybody agrees with
some of the criticism that has been leveled at EPA and in his opinion
is unwarranted.
The staff was directed to prepare an appropriate letter expressing
these views.
(Senior Citizen
Tax Postponement)
Cw Tirsell stated that she has found the bills relative to Senior
Citizen Tax Postponement and perhaps Assemblyman Mori could be
contacted concerning the bills and which bill would be best. Those
bills are: SCA 16, AB 508, SB 657 and SB 462.
(LAVWMA Meeting'-
Sewer Capacity)
Mayor Futch stated that the LAm~ meeting is for a discussion on the
capacity of the sewage pipeline for the valley and who gets what
sharep He will not be able to attend the meeting, and felt someone
from the Council really should attend.
Cm Miller stated that the Council has already expressed a position
on this, which is that we want a share of the pipeline, according
to the population and we prefer lower than the population which
presently exists and presently proposed. However, whatever that
population is, Livermore wants its fair share.
Mayor Futch stated the E-O popluation, as calculated by the State
Water Resources Board, assumes a growth rate of 1.6% for Livermore.
If .Livermore would cut this amount significantly, we may not be
able to get the I HGD expansion. He stated that his position would be
that something in the neighborhood of the 14 MGD for the total valley,
which is E-D projection would be agreeable. He stated that he is not
sure the City should push for something that would possibly not allow
the 1 HGD.
Cm Miller stated that the valley presently has IID,DDD people and
using the County scale growth rate (E-D) there would be about 12D,DOD
people. This would mean an additional 2 MGD capacity for the valley
and since Livermore has half the valley's population we should have
the I MGD. After further discussion it was concluded that the
figures indicate Livermore should receive .5 MGD but what we are
asking for is I HGD.
Mayor Futch stated that the valley will receive an additional
population of 10,000 people and that 1 MGD will take care of
11,DOD - this is the reason Livermore might be allowed .5 MGD
and if we are asking for I MGD it would appear this would be a
substantial problem.
Cm Miller stated that the consensus of the Council does not in-
clude him but he will present the majority opinion at the meet-
ing with LAm~1A tomorrow.
COMMUNICATION FROM CAGE
RE GARBAGE DUMPS
The Committee Against a Garbage Environment (CAGE) has written
that Kaiser is in the process of changing its request from a
Class II to a Class III dump which is a threat to over 700 acres.
CM-3D-277
August ll, 1975
(re Kaiser Dump)
CAGE urges that AB 2220 which prohibits the establishment of a
garbage dump within two miles of any city without the consent of
the governing body, be endorsed.
ON MOTION OF CW TIRSELL, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE, THE COUNCIL VOICED SUPPORT OF AB 2220, WITH THE AMENDMENT
TO INCLUDE THE KAISER PROPERTY, AND TO SO NOTIFY THE LEGISLATORS.
CO~~UNICATION FROM
CITY OF MONTEREY
RE TAX REFORM LEGISLATION
A copy of a letter sent to Governor Brown, from the City of Monterey,
concerning tax reform legislation was forwarded to the City Council
with the comment that the City of Monterey would welcome any sug-
gestions the Council might have on a concerted effort to ultimately
effect relief for the tax payer.
Cm Turner commented that there were portions of the letter to the
Governor he would support and other areas he would question and
would like the matter put over for one week for discussion.
BART HEARING RE
RATES & CHARGES
The City Council received notification of a BART hearing to consider
proposed rates and charges for transportation and parking.
Cm Turner stated he is disappointed in the charge for parking because
in some areas it is 25~/day and in other areas it is 5D~/day, depend-
ing upon the usage of the lot. He stated that the reason he is dis-
couraged is because mass transit is designed to encourage people to
stop using their automobiles and to ride public transportation and
the parking fee could influence people to drive. He added that he
feels a parking fee is the incorrect vehicle for obtaining additional
funds.
Mayor Futch stated that he was also disappointed with the proposed
parking fee and realizes BART has financial difficulties but feels
there are other means for getting money.
CM TURNER MOVED THAT THE COUNCIL OPPOSE THE PARKING LOT FEr: BASED
ON THE ABOVE MENTIONED CO~ll1ENTS, SECONDED BY CN TIRSELL AND PASSED
BY UNANIMOUS VOTE.
INVITATION TO OPENING
DAY CEREMONIES - SOCCER
An invitation was extended to the City Council from the Livermore
Soccer Club to attend the Opening Day Ceremonies for the youth
soccer season of 1975-76 on September 5, at 7:00 p.m. at the
Robertson Park Stadium.
The majority of the Councilmernbers indicated that they would like
to attend the ceremonies if possible.
APPEAL RE SIGN VARI-
ANCE REQUEST - JERSEY
CROWN DAIRY - (Viscomi)
Mr. Musso reported that the Planning Commission at its meeting of
July l5, 1975, did consider the application of Jersey Crown Dairy,
by Roy viscomi, for a variance to permit an increase in the amount
of permitted sign and signs having more than 2S% devoted to a pro-
CM-30-278
August II, 1975
(Variance Request -
Jersey Crown Dairy)
duct not the principal product sold on the premises. The P.C.
did deny the application for a variance based on various findings
as outlined in their report to the Council.
\
Mr. Musso stated the P.C. was very sympathetic to the particular
situation but did not find the use to be unusual, or visibility
such as to warrant additional signs and denied the variance.
Mr. Viscomi stated that the business at the dairy is actually
the sale of wholesale groceries where people drive in and stay
in their cars - the groceries are brought to them. The problem
is that he can't have a glass window which would entitle him to
advertise products being sold, as does Safeway, etc. He felt
the only way this could be accomplished would be to provide a
"reader board" for his customers which cost him a great deal of
money and was in violation of the ordinance, but which he did not
realize.
Mr. Viscomi added that he feels he must be competitive with the
other stores and the only way people can know what he has to sell
is to advertise by "reader board" and would request that the Council
allow him a conditional variance whereby if there were complaints
from other merchants the variance could be revoked. He indicated
that the sign he is requesting really makes a difference in whether
or not his business can make it and he has been working about 70 hours
a week already in order to make a go of the business. The business
is very small and he can't afford to advertise in the newspaper.
Cm Miller stated that his family has been a customer of the dairy
for as long as he can remember and he can certainly sympathize with
Mr. Vascomi; however, other people have reader boards and people
had signs they felt were essential but discovered that once they
were removed they weren't so essential. The Council has never
granted a variance of this type of sign in the past and he knows
of no way the Council can justify allowing a variance under the
present circumstances. He indicated there are really no legal
grounds for supporting a variance AND MOVED THAT THE COUNCIL SUPPORT
THE RECOMMENDATION OF THE P.C. AND DENY THE APPEAL. MOTION WAS
SECONDED BY CM TIRSELL.
Cw Tirsell apologized that there is not much the Council can do for
Mr. Viscomi but indicated that the Sign Ordinance fell equitably upon
all the businesses in town and other reader boards came down, as did
other signs in violation of the ordinance. In order to be equitable
to all merchants the Council must deal equitably with everyone.
She stated that in her opinion the dairy is in a marvelous location
and it is a very nice store that has been improved and is very attrac-
tive. She stated that she is sure the Jersey Crown Dairy attracts
people from that side of town and the Springtown area and while she
does shop at Safeway and other such stores she does patronize
Holdener's Dairy which is essentially the same type of business but
closer to the Sunset area, and they have only one sign.
Cw Tirsell added that she feels very strongly about enforcing the
ordinance equitably because it was an ordinance that caused grief
and yet was something that did a lot of good for the visual aspect
of our community. She stated that with reluctance she would have
.~ to support the motion but would like to add that she feels that in
the long run this will not affect the business because of the excel-
lent location and visual aspect of the business.
Mr. Musso indicated that signs can be placed on the building as long
as they don't try to attract business from people passing by and
noted that Jack-in-the-Box was allowed to post a menu as long as
it wasn't designed to attract people from the street. He stated
that he is sure something can be worked out.
CM-3D-279
August II, 1975
(Appeal re Sign Variance -
Jersey Crown Dairy (Viscomi)
Cm Turner stated that he intends to support the motion also but
would like to mention that Luckys has to remove their signs within
30 days - they cannot be permanent. He wondered if there could be
some type of movable reader board and Mr. Musso indicated that these
are also illegal.
Mayor Futch stated that he would have to agree with the motion be-
cause it has been very difficult to get merchants to adhere to the
Sign Ordinance, and as much as the Council can sympathize with the
problem of Mr. Viscomi, it would be a backward step to allow the
variance with respect to being consistent to what has been required
in the past.
r1r. Musso commented that the Holdener sign is allowed, although it
is a freestanding sign, because the business is located 300 ft. from
the street.
IT WAS NOTED THAT THE MOTION WAS BASED ON THE REASONS AND FINDINGS
EXPRESSED BY THE P.C. FOR DENIAL OF THE APPLICATION, AND MOTION
PASSED BY UNANIMOUS VOTE.
The City Attorney stated that he will prepare a resolution briefly
reflecting that the rejection for the variance was based on the
basis found in P.C. Resolution 79-75.
RESOLUTION NO. 168-75
A RESOLUTION DENYING SIGN VARIANCE
TO MR. ROY VISCOMI
RESOLUTION RE POSTAL
REORGANIZATION
The Council received a report concerning the status of postal
legislation, including a bill approved by the House Committee which
would allow for a temporary rate increase bringing the cost of stamps
to l2~. The bill also addresses the question of a cutback in postal
delivery services and requires the Post Office to provide continued
door-to-door delivery in all communities having adopted zoning
ordinances prohibiting the construction or maintenance of any struc-
tures on the property adjacent to the curb.
Cm Turner stated that it appears unless the City has an ordinance
prohibiting curbside delivery, the City would not qualify under
the amendment change however the legislation should be supported.
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
APPROVAL THE FOLLOWING RESOLUTION WAS ADOPTED.
RESOLUTION NO. 169-75
A RESOLUTION SUPPORTING AMENDMENT TO
POSTAL REORGANIZATION ACT AMEND~1ENTS OF 1975
AS PROPOSED BY CONCRESSMAN MINETA
REPORT RE FINAL ACCEPTANCE -
TR. 2619 KISSELL COMPANY
The Director of Public Works reported that all of the public works
improvements for Tract 2619 (Kissell) have been completed in accor-
dance with the agreement, the Heather Lane bridge is under construc-
tion and a bond has been provided assuring the maintenance of the
CM-3D-28D
August II, 1975
(Final Acceptance -
Tr. 2619 - Kissell Co.)
public works improvements for one year after acceptance of the tract
by the City.
L
The Memorandum of Understanding provides that the City shall accept
all improvements immediately upon satisfaction of certain conditions
and those conditions have been satisfied. It is recommended that
the Council adopt a resolution of acceptance.
Cm Miller stated that he would like to know if completion of the
bridge was one of the conditions that have to be satisfied prior
to acceptance.
Mr. Lee explained that this was not one of the conditions but rather
they would have to bond for the bridge and it was to be underway at
the time of acceptance. The bridge is underway and they do have a
separate bond for it.
ON MOTION OF CW TIRSELL, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE THE RESOLUTION ACCEPTING TRACT 2619.
RESOLUTION NO. 17D-75
A RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF TRACT 2619
Prior to the motion Dewey Watson from the Kissell Company stated
that they have been before the Council concerning the additional
32 lots and they will drop this from any Council consideration.
There is still bargaining going on with respect to the permits for
these lots.
Cw Tirsell commented that the person bargaining with Kissell to
purchase the 32 lots has been before the Council asking assurance
that the permits will be available and ~1r. Watson stated that the
lots have not been purchased and they still belong to Kissell.
Also, Kissell has dedicated a bike easement to the City.
REPORT RE AGREEMENT
WITH CAL WATER RE
EMERGENCY INTERCONNECTION
Mr. Lee explained that the agreement with California Water Service
Company for an emergency interconnection on East Avenue is in further-
ance of the project anticipated under the Capital Projects Budget,
and the interconnection would provide water from one jurisdiction
to the other in case of a line failure.
ON MOTION OF CM HILLER, SECONDED BY CI'1 TUmJER AND BY UNANIMOUS
VOTE THE INTERCONNECTION WAS APPROVED.
RESOLUTION NO. l71-75
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
(California Water Service Company)
REPORT RE FORMATION
OF BENEFIT DISTRICT
- PORTOLA AVENUE
The Director of Public Works reported that a determination is needed
as to whether or not a benefit district should be considered for the
off-tract properties at the northeast corner of portola Avenue and
No. Livermore Avenue.
CH-30-28l
August ll, 1975
(Report re Formation
of Benefit District -
portola Avenue)
Originally an attempt was made to establish a benefit district
in this area which would assess some of the costs to adjacent
properties and considerable objection was raised by the property
owners. Both a benefit district and an assessment district were
proposed and neither were accepted.
There was some mention at the time the agreement was entered into
with the developer for a benefit district, but no official action
was taken and the record needs to be clarified as to what action
the Council wishes to take with respect to formation of a benefit
district. Mr. Lee added that he feels there are some problems
and the City Attorney questions the legality of establishing a
benefit district at the present time.
Later on the City will have the new Subdivision Ordinance with
provisions for benefit districts and it is possible that this could
be reinitiated at that time with public hearings held.
There is a problem because the houses are located in-tract and not
on the street and undoubtedly there would be objections to the forma-
tion of the district.
It was noted that formation of a benefit district would not affect
the amount of money the developer contributed.
The City Attorney commented that all the legal arguments can be
avoided by merely dropping the suggestion to form a benefit dis-
trict; however, if the Council doesn't want to drop it they are
faced with not being able to do anything until a new Subdivision
Ordinance has been adopted and becomes effective. The new ordi-
nance should be before the Council in about a month.
Cm Miller stated that as he recalls during the final approval of
the public works improvements for Portola/Livermore Avenue, there
was, in fact, going to be an assessment district with the major
developer paying most of the cost and the City was to prepare an
assessment district with those property owners. Somehow all of
this seems to have disappeared and the tax payers may have to pick
up a $17,000 tab for this project.
Cm Turner stated that at the time this was discussed, originally,
he was a member of the Planning Commission. The Planning Commission
held public hearings and the major developer was to pay the largest
portion of the cost and there were firm decisions made at that time.
He stated that prior to discussing this item further he would request
that the Council be allowed to review the minutes reflecting former
discussions and public hearings on this item.
CM TURNER MOVED TO CONTINUE THIS ITEM, SECONDED BY CM MILLER AND
PASSED UNANIMOUSLY.
MUNI. CODE AMEND RE
PLANNING COMMISSION SALARIES
During the budget session it was decided that the salary of the
Planning Commissioners should be increased and since the present
rate was established as a part of the Municipal Code an amendment
is required.
ON MOTION OF CM MILLER, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE, THE ORDINANCE RELATIVE TO PLANNING CO~~ISSION SALARIES
WAS INTRODUCED AND READ BY TITLE ONLY.
CM-3D-282
August 11, 1975
CITY MANA.GER
vffiEKLY PROGRESS REPORT
Springtown Pond
The pond in the Springtown area continues to be a source of grievance
to the City and the blight of the neighborhood. The problem is that
there is just not enough pressure in the golf course watering system
to effect the area. The City has been waiting to do something about
the problem until some pumps could be relocated from Las Positas.
As an interim measure the City is interconnecting the Springtown Lake
area with the domestic water system in order to reconstruct the land-
scaping area. Hopefully everything will be upgraded shortly.
Arroyo Bridge
The crews have finished working on the Arroyo Bridge and if someone
from the Council could ride across the pedestrian portion of the
bridge he believes they would find that the City did a very good
job in repairing the pedestrian area.
The Councilmembers indicated that people have been saying the job
was done well and Cw Tirsell stated that she has seen it and is
pleased with the work.
Bike Path
There is now a bike path going from College Avenue through the Civic
Center site to Hillcrest Avenue and the dangerous area has been
banked so bicyclists do not have to slow down.
Water Reclamation Plant
The Water Reclamation Plant construction is still on schedule and
operation is anticipated for TJovember.
Aircraft Commuter Service
The City has been told that the California Air Commuter will begin
service on September ath. The City doesn't have the schedule or.
the fees but as soon as they are received the Council will get a
copy.
General Plan
The Scenic Element of the General Plan has been completed and has
been referred to the Beautification Committee.
The Noise Element is being drafted for the fourth time and is
with the Noise Committee.
(
Public Safety
Last Saturday the City was involved in a mutual aid alert. There
was a sizeable grass fire which occurred in Fremont. Eight units
were sent to the fire, including one from Livermore, and reportedly
about IS units did respond to the fire.
CM-30-283
August II, 1975
ADJOURNHENT
Mayor Futch adjourned the meeting at ID:DO p.m. to an executive session
to discuss legal matters.
ATTEST
?kA /I u:7
I'-1ayor
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L. ermore, California
APPROVE
Regular Meeting of August 18, 1975
A regular meeting of the City Council was held on August 18, 1975,
in the Municipal Court Chambers, 39 South Livermore Avenue. The
meeting was called to order at 8:ID p.m. with Mayor Futch presiding.
ROLL CALL
Present: Cm Turner, Miller, Cw Tirsell and Mayor Futch
Absent: Cm Staley (Seated Later)
PLEDGE OF ALLEGIANCE
Mayor Futch led the Councilrnembers as well as those present in
the audience, in the Pledge of Allegiance.
HINUTES
August 4, 1975
Page 251, third paragraph from the bottom, last word in the fourth
line should be enforced with the word supported deleted.
Page 250, third paragraph from the bottom, line 7 should read:
allowed. He stated that he would suggest changes not as far
reaching as suggested by Mr. Reiners, but rather some changes
(to make deleted) in our ordinance...etc.
Page 256, first paragraph, should be Cm Turner rather than
Cm Hiller.
Page 259, fifth paragraph, line three should read: cities should
take care of. We feel the cities as well as the other agencies
involved are probably capable of taking care of these problems..etc.
ON MOTION OF CM TURNER, SECONDED BY CM HILLER AND BY UNANIMOUS
VOTE, THE MINUTES FOR THE MEETING OF AUGUST 4, 1975, vffiRE
APPROVED, AS AMENDED.
CH-30-284
August l8, 1975
SPECIAL ITEr! RE
HOSQUITO ABATEMENT
()
Mayor Futch stated that Cm Staley had requested that the Mosquito
Abatement give a presentation and since he is not present the
Mayor would request that this item be postponed until his arrival.
REPORT RE'BUDGET
M1END. RE CROSSING GUARD
- ITEt,1 6. 3
Mayor Futch stated that it would appear Item 6.3 is to be discussed
very late in the evening and it has been requested that this item
be postponed for two weeks (portola Crossing Guard Item).
ON MOTION OF CW TIRSELL, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE,
ITEM 6.3 i\TAS CONTINUED TO SEPTETl1BER 8, 1975.
CONSENT CALENDAR
Resolutions (7) Auth.
Placement of Assessment
Levies on Tax Roll
RESOLUTION NO. 172-75
RESOLUTION AUTHORIZING SPECIAL ASSESSHENT
DISTRICT LEVY TO BE PLACED ON THE TAX ROLL
TO BE COLLECTED BY THE COUNTY OF ALAMEDA.
(No. Sanitary Sewer Assessment District No. 1962-1)
RESOLUTION NO. 173-75
RESOLUTION AUTHORIZING SPECIAL ASSESSEMENT
DISTRICT LEVY TO BE PLACED ON THE TAX ROLL
TO BE COLLECTED BY THE COUNTY OF ALAMEDA.
(Northern Water Assessment District No. 1962-2)
RESOLUTION NO. 174-75
RESOLUTION AUTHORIZING SPECIAL ASSESSMENT
DISTRICT LEVY TO BE PLACED ON THE TAX ROLL
TO BE COLLECTED BY THE COUNTY OF ALAMEDA.
(Wagoner Farms Assessment District No. 1962-3)
RESOLUTION NO. 175-75
RESOLUTION AUTHORIZING SPECIAL ASSESS.MENT
DISTRICT LEVY TO BE PLACED ON THE TAX ROLL
TO BE COLLECTED BY THE COUNTY OF ALA11EDA.
(Lincoln Shopping Center Assessment District No. 1963-1)
RESOLUTION NO. 176-75
~'
I
RESOLUTION AUTHORIZING SPECIAL ASSESSMENT
DISTRICT LEVY TO BE PLACED ON THE TAX ROLL
TO BE COLLRCTED BY THE COUNTY OF ALAMEDA.
(Portola Avenue Assessment District No. 1966-2)
CH-30-285
August la, 1975
(Resolutions)
RESOLUTION NO. 177-75
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. 167-l)
I
!
RESOLUTION NO. 178-75
RESOLUTION AUTHORIZING SPECIAL ASSESSMENT
DISTRICT LEVY TO BE PLACED ON THE TAX ROLL
TO BE COLLECTED BY THE COUNTY OF ALAMEDA.
(Railroad Assessment District)
Res. Supporting
Blood Donor Program
It has been requested from a representative of the A1ameda-
Contra Costa Medical Association Blood Bank, that the Council
adopt a resolution supporting the blood donor program.
RESOLUTION NO. 179-75
A RESOLUTION IN SUPPORT OF VOLUNTARY BLOOD
DONATION PROGRM1 OF THE ALA.r1EDA-CONTRA COSTA
HEDICAL ASSOCIATION.
Report re AB 700
The City Manager has distributed copies of the Legislative Bulletin
to the Councilmernbers. Included in the bulletin was information
on AB 700 which would require local agencies employing peace officers
to establish separate rules and regulations for peace officers.
The City Manager has recommended that this measure be opposed.
Report re Progress
on Murrieta Bikeway
The Director of Public vvorks submitted a progress report concerning
the Murrieta Bikeway for informational purposes only.
Departmental Reports
The Council received the following departmental reports:
Airport Activity - July
Building Inspection Department - July
Fire Department - quarterly - April/June
Mosquito Abatement - June
Municipal Court - June
Industrial Inquiry
Police and Pound Departments - July
Water Reclamation Plant - July
PAYROLL & CLAD-iS
There were 87 claims in the amount of $130,505.26 and 270
payroll warrants in the amount of $93,006.30, for a total of
$223,5ll.56, dated August l4, 1975 and approved by the Director
of Finance.
CM-3D-286
August 18, 1975
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM MILLER, SECONDED BY CW TIRSELL AND BY UNANIMOUS
VOTE, THE CONSENT CALENDAR WAS APPROVED.
(/
MATTERS INITIATED
BY THE STAFF
(Executive Session)
The City Attorney requested that the Council meet in an executive
session immediately after the meeting to discuss two legal matters,
both with respect to condemnation.
~~TTERS INITIATED
BY THE COUNCIL
(Railroad Project)
Mayor Futch stated he would like to report on a meeting which was
held this morning on the Railroad Relocation Project. After a
number of visits last week, and previously, to the relocation pro-
ject (on Livermore and "P" Street) and observing what appeared to
be a lack of activity, he requested a meeting this morning. He
stated that one of the reasons for calling the meeting was to
express the Council's serious concern with the progress being made
and, secondly, to emphasize the importance of completing the grade
separation of these streets at least to the extent that motorists
can resume travel by December I, 1975. Lastly, he wanted to deter-
mine the status of the project and any potential future problems
which might occur and if there is anything the City can do to expe-
dite the completion of the project.
Attending the meeting were Brian Robertson, Project Manager from
Hensel Phelps, Jim Daer, Vice President of Hensel Phelps, Dan
Lee, Director of Public Works and Bob Diaz, City Coordinator for
the project, and the Mayor.
Hensel Phelps people have assured the Mayor that it would be in
their best interest to finish the project as soon as possible
and that they are working hard to meet the target date. Some
of the lost time has already been made up and the precast girders
for both bridges are to arrive August 19th.
Hayor Futch asked if Hensel Phelps could foresee any potential
future prohlems vlhich could result in dalays and indications
are that the weather could be a problem if there is bad weather
at the time they plan to pave the streets. Hensel Phelps did
feel they would get to this point prior to the rainy season.
The second problem could be a delay on the part of v7estern Pacific
for reconnection of the rails after the bridges are completed.
~1estern Pacific, in the past, has been responsible for various
delays on the project.
The City has conctacted II.P. and they have indicated that they will
be there when they are supposed to and they will not cause a delay
with respect to reconnection, scheduled to take place in about
30 days.
It was mentioned that a labor strike could conceivably result in a
delay but they have no knowledge of any labor negotiations that
might affect the project and feel this would be unlikely.
C~,1-30-287
August 18, 1975
(Railroad Project)
It was asked if the City was responsible for any delay at the
present time and Hensel Phelps indicated that problems at "P"
and Chestnut, due to incomplete specifications by the City on
the location of medians and traffic light poles, were a problem.
Mr. Lee noted that this would be resolved and a report will be
forwarded to the Council on this item.
Mayor Futch stated that, overall, he is hopeful the project will
continue and the underpasses completed by December 1, 1975.
(Library Board Term)
Cm Miller requested that the matter of the term for Library Board
be placed on the agenda because he would like the term changed to
four years to correspond with the other City boards.
(Matters Initiated)
Cm Miller stated that in a Letter to the Editor he read where
someone suggested placing Matters Initiated by the Staff and
Council at the end of the meeting, as it was in the past.
Cm Miller stated that he would be willing to reconsider placement
of this agenda item but Cm Turner is the one who suggested that
it be early in the meeting and wondered if the Council might
reconsider.
Cm Turner commented that the article noted there are many impor-
tant items discussed by the Council and if this is done at the
end of the meeting there isn't anyone remaining in the audience.
It was requested that this item be placed on the agenda for dis-
cussion.
CM STALEY WAS SEATED DURING MATTERS INITIATED BY THE STAFF AND
COUNCIL.
SPECIAL ITEM - MOSQUITO
ABATEMENT DISTRICT PROGRM1
At the request of the Council, a representative of the Alameda
County Mosquito Abatement District Board will attend the meeting
to briefly explain the District program.
Fred Roberts, Manager of the Alameda County Mosquito Abatement
District presented written material to the Council as a means
of basic background concerning the function of the District and
stated that he would like to briefly explain the program and give
some basic facts concerning this item.
The purpose of the District, which was established in 193D, is to
take all necessary or proper steps to control mosquitoes within
the District boundaries which includes all of Alameda County with
the exception of Albany.
In 1966 Livermore was annexed into the Alameda County Mosquito
Abatement District and the district tax rate during 1966-67 was
.Oll to every $100 assessed valuation and during the last fiscal
year the tax rate was .009. In 1966-67 the District received
$9,976 in property taxes from the City of Livermore or about 209
per citizen per year, or $1.12 for an owner of a home valued at
$50,000.
CM-3D-288
August 18, 1975
(Mosquito Abatement)
l
He stated that he is sure the City would like to know what it gets
for its money and explained that in 1965 the City was plagued with
12 species of mosquitoes produced in a variety of sources including
temporary rain pools, agricultural areas, storm drains, catch basins,
fish ponds ann tree holes, in the residential areas. The District
has assigned one ~1osquito Control Technician (state certified) to
the area of Livermore and maintains the program of routine surveillance
and inspection of known sources in this area and promptly responds to
citizen requests. In addition, technical personnel can be assigned
if there are specific problems with specialized mosquito control
equipment. He added that the District has a reputation, in the
State of California, for being a very effective District in the
area of control, emphasizing the area of physical control, using
methods reducing costly chemical treatment.
Mr. Roberts briefly explained the man hours needed, the personnel
employed by the District and the facilities, and thanked the Council
for allowing him the opportunity to explain some of these things.
Discussion took place between Mr. Roberts and the Council concerning
the Livermore area and the number of service requests for Livermore
and for the District.
Cm Staley stated that his concern is the percentage of time devoted
to control efforts as opposed to general overhead for operation of
the District - control efforts being less than 1/3 of the budget.
Mr. Roberts noted that there is a breakdown of the man hours on
one of the sheets distributed to the Council and noted that it
is doubtful the Council has ever seen a breakdown such as this
for any organization, and this may be the reason there is concern
for their percentage of effort expended. He stated that the reason
he has prepared a monthly man hour sheet is to determine efficiency
in the District from month to month, as a comparative index.
Cm Staley stated that he has questions he would like to ask l1r.
Roberts but does not want to take further Council time and hopefully
they could discuss this matter again.
Cm Miller stated that 60% of the man hours are being used for
control and only 30% of the expenditures of the District are being
used for control, according to the report. The discrepancy is
that there should be 60% of the money expended for 60% of the
man hours. If one is 60% and the other is 30% then what is the
rest of the money being used for?
Mayor Futch stated that the agenda is very long and perhaps it
would be best to ask Hr. Roberts to communicate further with the
Council concerning this particular aspect of the report in an
effort to resolve some of the apparent discrepancies.
COMMUNICATION FROH ABAG
RE CONFERENCES CONCERN-
HOUSING & THE ELDERLY
Notification was received from ABAG of conferences to be held on
October 10th and 24th dealing with housing the elderly. The
item was noted for filing.
The City Clerk was aske:l to notify the Housing Authority and Inter-
faith Housing about the conference also.
CM-30-2a9
August 18, 1975
CO~ll1UNICATION RE
GENERAL PLAN
william E. Loewe has suggested including a policy for the business
community in the General Plan.
Cm Miller felt the idea was good, in principle, and that this should
be referred to the General Plan consultants for comment, and if the
Planning Commission is interested they should also be allowed to
comment.
REPORT RE DEFINITION OF
LOW & ~mDIUM INCOME HOUSING
(Tracts 364l and 3642)
At the meeting of July 21 there was a request to develop Tracts
364l and 3642. There was discussion as to whether or not these
tracts would qualify as low income housing and presumably if they
could qualify the tract may be allowed as a result of the Council
policy to provide sewer connections for low income housing units
as well as commercial and industrial development.
The City Attorney reported that under HUD regulations, several
definitions relevant to low cost housing are made and at present
the defiuitions cover only income and proportion of income allo-
able to housing costs rather than unit price of housing. Generally,
for a family of four an income of 80% of the median income of the
surrounding area is low or moderate. HUD has indicated that
$15,500 is the median income for this area.
The City Attorney stated that there is another definition for low-
low income housing based on the same formula presentation and for
a typical family of four it amounts to 50% of the median income of
the surrounding area. He explained that the information he has
presented the Council is based upon information obtained from the
Code of Federal Regulations which are regulations passed pursuant
to federal statutes passed. As a general rule 25% of one's income
should be allociated to housing costs.
Cm Staley asked if the 25% is relative to gross or net income and
the City Attorney replied that this is gross income.
The Council discussed methods by which it is determined the amount
a person can pay for a house and Cm Turner indicated that because
of the high interest rates a person who has a gross income of
$1,000 can generally afford an $18,OOD-$19,ODD house.
Mayor Futch stated the reason this item was placed on the agenda
was for the Council to arrive at a criteria for qualification as
low income housing. In his opinion 80% of the median would not
be classified as low income but rather moderate income. The 50%
would be more reasonable for consideration of low income.
Cw Tirsell stated that the key to the formula is based on the in-
come for the immediate area; therefore, if you are talking about
an area of town where the salaries are lower the median will be a ~
lot lower. If this formula is followed the City will continue tP.L~;\0Y'
1)build approximately the same kinds of houses at the same price,~ ~~
~~~ will not rQally be building low incoMQ h011sing but shortly the City ~
~' may be required to low income housing. Shortly, the City may be
~' required to provide for low income housing by allocations or other
means.
Cw Tirsell asked if the City uses the low income of 50% of the
median income, is this so documented as low income housing?
CM-30-29D
August l8, 1975
(Low Income Housing)
The City Attorney replied that the 50% is located in the Code of
Federal Regulations which was not cited in his report.
(
"--_/
\.
Cw Tirsell felt the $7,750 (50% of the $15,500 for that area) is
really not a realistic figure for an income - the average Bay Area
family is making $l2,OOO/year as a bare minimum.
Cm Staley co~~ented that he would disagree and believes there are
families in Livermore who make $8,000/year for a family of four.
If the median for Livermore is $15,000 then the low to moderate
income would be $7,500-$12,000. Based on the 25% allowed for housing,
of this income, it means someone could afford monthly payments between
$150 and $250, and a net housing cost of between $15,000-$25,000.
Cm Turner stated that with the higher interest rates someone making
from $7,500 to $12,000 could afford a house of $11,000 on the low
side and $18,000 on the high side. The Council mentioned previously
that someone making $l,ODD/month could afford an $18,000 house and
the monthly income corresponds with $12,ODOjyear.
Mayor Futch felt there are a lot of people in the community who
make far less than the Bay Area average, such as older people on
fixed incomes and Cm Miller mentioned that there are also many
women in the community who are trying to support their children
and make less than $8,000/year. These are really the people the
City wants to provide housing for.
Cw Tirsell asked if the Council is supposed to adopt this formula
as a policy, accepting the report as a statement of low income, or
what?
Cm Miller stated that the Council has been given the federal defini-
tion which is as good as anything else the Council might follow and
less arbitrary than other statements. He stated that the report
covers a portion of his concerns but among his concerns about low
income housing is the claim on our sewer capacity. He stated that
he feels low income housing should have some connection or be sche-
duled through our local Housing Authority in order to make sure that
the properties are, in fact, used for low income housing and that
the housing would be provided, primarily, for local job holders.
There is a need for people who are presently working in Livermore
for housing. What we don't want is to attract commuters but to try
to take care of our local people.
Mayor Futch felt this item should receive considerable consideration
and that a decision should not be made tonight. He felt it would be
worthwhile to find out how many citizens in Livermore are in need
of this type of housing prior to making a decision and would suggest
postponement, with direction to the staff to obtain more needed infor-
mation.
Cm Turner felt more information would not alter his decision and
suggested that the Council adopt the report as a guideline to
apply against the 10% sewer reservation for low and moderate income
housing.
CM TURNER MOVED TO ADOPT THE REPORT PROVIDED BY THE CITY ATTORNEY,
SECONDED BY CW TIRSELL.
~
Mayor Futch stated that one formula was presented to the Council
and the other was verbal information from the City Attorney.
CM TURNER AMENDED THE MOTION TO INCLUDE THE DEFINITION OF LOW INCOHE
HOUSING WITH A PERSON MAKING 50% LESS THAN THE HEDIAN FOR THAT AREA
INcmm, AND PROVIDED IN RESOLUTION FORM, SECONDED BY OV TIRSELL.
Cf1- 3 0- 2 91
August 18, 1975
(Low Income Housing)
The City Attorney asked if the Council would like a resolution
that would make more direct reference to HUD's criteria for
estimating what low or moderate income is? He stated that the
reason he would suggest this is because if the Council becomes
consistent with the HUD criteria, then every time the City becomes
involved in federal funding old definitions can be reclassified
and the City can remain consistent with HUD by referencing what-
ever they have as their particular definition. Each time HUD
makes a change in their definition it would allow the City to
automatically change its definition.
CM TURNER AMENDED THE MOTION TO INCLUDE HUD's DEFINITION OF LOW
OR MODERATE INCOME HOUSING, SECONDED BY CN TIRSELL.
Cm Miller stated that he would like the Council to discuss the
passage through our Housing Authority as a portion of the defini-
tion, with respect to our sewer capacity.
Cm Staley stated that the need to specify, and set into resolution
form, low and moderate income housing for the implementation of
our ordinance, is very necessary and would be in favor of the motion
but is concerned about a lack of reflection going into this. He
stated that this is a good starting place and he is in favor of
this interim statement but believes the concept of low income hous-
ing needs more work than is being afforded by the Council at this
time. He would suggest that the Council use this as an interim
measure with study in greater depth. He stated that he, too, is
concerned about all the ramifications of this item.
MOTION PASSED BY UNANIMOUS VOTE.
CM MILLER MOVED THAT THE STAFF BE DIRECTED TO EXAMINE MECHANISMS
BY HHICH PROVISION OF LOW INCOME HOUSING WOULD PASS THROUGH OUR
HOUSING AUTHORITY. MOTION WAS SECONDED BY CM TURNER AND PASSED
BY UNANIMOUS VOTE.
REPORT RE CONSIDERATION
OF TRACTS 3641 & 3642
A request to act upon the tentative tract maps of Tracts 3641
and 3642 was postponed from the meeting of July 21, at the request
of the applicant, for Council consideration of the definition of
low to moderate income housing.
Don Bissell, Civil Engineer representing Kay Building Company,
applicant for Tracts 3641 and 3642, stated that Kay Building
would like to obtain additional information from FHA and HUD
with respect to meeting the criteria for low income housing
development and would request an additional three week delay.
Cm Miller stated that even though this item is to be continued
there may be people present who wish to speak about the item.
Cm Turner stated that he would suggest there be a Council vote
on the original application which was for single family residences
out in that area and if the application is denied then application
could be made under the low income and moderate housing request.
Kent Estabrook, 707 Geraldine, requested that the Council, not
approve development of additional housing in that area because
of the present problems of schools, traffic and sewage. There
would be sufficient traffic generated by the development to over-
load the streets, the schools are overloaded and we do have a lack
of sewer capacity.
CM-3D-292
August 18, 1975
(Tracts 3641 & 3642)
Robert Sester, 730 Geraldine, objected to the development of more
houses that would crowd more children into their already overcrowded
schools. He stated that, originally, this developer promised the
people in the area that they would have a school for their children
but the area isn't scheduled for a school for another IS years or more.
He stated that what the people need is another school and if they
want to build a tract they should provide another school first.
Mayor Futch pointed out that the Council is sympathetic with the
problems the people are experiencing with respect to lack of ade-
quate schools but there is a limit to what the Council can legally
do and the School District is a separate jurisdiction over which
the Council has no control. The Council does have a policy of not
allowing residential development unless schools can be provided,
but as to where schools will be located, remains the responsibility
of the School District.
ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE
THE ITEM WAS CONTINUED FOR THREE WEEKS.
Cm Miller stated that this matter has already been continued twice
and residents of the area have come regularly to the Council meetings
only to learn that it is again to be continued. He would suggest that
in three weeks a final decision be made by the Council.
It was noted that a final decision will be made in three weeks.
REPORT RE PROPOSED
CHANGES TO ZONING
ORD. RE TRAILERS
The matter of proposed changes to the Zoning Ordinance with respect
to trailer storage was the subject of a public hearing on April 28th,
was returned to the P.C. for recommended changes and again discussed
on May l2th. The Council now has a copy of the ninth draft for
consideration.
Leon Horst of the Planning Department stated that the draft before
the Council is essentially the same as the one presented before the
City Council on May 12th. The major changes made by the P.C. was
the deletion of permitted storage within the RL-S, RL-5-D and RL-6
Zoning Districts for front yards. The P.C. also provided a removal
period for those trailers presently illegally stored to be included
in the ordinance.
The P.C. has suggested that the trailers which have been allowed be
phased out over a period of five years and elimination of the per-
mitted storage within the RL-S, RL-S-O and RL-6 Districts.
Cw Tirsell wondered if Mr. Horst knows of any other city that has
used this type of system for abatement of trailers and Mr. Horst
indicated that he knows of none.
Cw Tirsell wondered if the P.C. has suggested a manner in which
enforcement might be implemented and Mr. Horst indicated that
he has just returned from vacation and hasn't had an opportunity
to discuss the matter with the Planning Director.
Cw Tirsell stated that the ordinance appears to fulfill the spirit
of the intent of the election on trailer storage and the desire of the
majority of the citizens with respect to trailer storage but is
concerned about enforcement. She stated that she would hesitate
to adopt an ordinance that could not effectively be enforced.
CM-30-293
August 18, 1975
(Trailer Ordinance)
Mr. Horst indicated that there would have to be a lot of staff
effort involved in enforcement of the ordinance and just as the
sign ordinance took a very long time to be totally effective,
this would also take time.
Mayor Futch stated that the Council has received a letter from
an individual claiming that prohibiting storage of trailers in
front yards would be illegal and he would like a response from
the City Attorney.
It was noted that all of the cases cited have not been in Califor-
nia, and the City Attorney indicated that he knows of no ordinances
in the state of California that prohibit front yard storage. If
the Council feels there are sufficient facts to support the find-
ing they can regulate storage in the front yard.
Cw Tirsell asked if the fact that people voted to have such an
ordinance would be a persuasive argument.
The City Attorney commented that this would not necessarily be an
argument to support the findings - the fact that a majority of
the citizens would like to do something which would affect a
minority, may not cancel out certain rights of the minority.
However, he can't think of any substantial rights the minority
might have, off hand. The Council could probably do this and
more and more cases are allowing the use of police power to accom-
plish something no more than an aesthetic purpose and this is pri-
marily what the purpose of this ordinance is - to accomplish an
aesthetic result. There certainly are other reasons that probably
could be brought forth to support the exercise of the City's pOlice
power.
ern Miller stated that apparently Livermore's authority is the same
as all other cities in Alameda County, except Hayward, which they
are using to enforce similar ordinances.
Cm Miller commented that with respect to the comments by the P.C.
he feels the time period is incredibly long and would argue that
three months should be sufficient time for owners to find storage
space for recreational vehicles or to get them into their back
yards or whatever is necessary to comply with the ordinance.
He would suggest deletion of Item (6) which would be costly in
staff time and that an effective date for the ordinance be a
year or less after it is adopted.
CM MILLER MOVED THAT THE WORDING, AS STATED ABOVE, FOR ITEM (S) (a)
BE THE FIRST PART OF HIS MOTION AND THE SECOND PART OF THE MOTION
IS TO DELETE ITEM (6) IN ITS ENTIRETY. PART THREE OF THE MOTION
IS TO ADD A REPLACEMENT FOR (6) STATING: THE EFFECTIVE DATE OF
THE ORDINANCE IS ONE YEAR FROM THE TIME OF PASSAGE OF THE ORDINANCE.
MOTION WAS SECONDED BY CM TURNER.
CM-3D-294
I
August la, 1975
(Trailer Ordinance)
Cm Staley commented that one of the things the City has done is to
cut the student help during the summer and suggested that this would
be a job that would be ideal for summer students - checking trailers
in front yards. He would therefore suggest that the effective date
of the ordinance be nine months from the time of passage, making the
effective date June.
Cm Miller felt this suggestion was reasonable and would be willing
to change the motion to reflect the suggestion.
Cw Tirsell stated that she realizes the draft had been amended nine
times but still feels B. (I) is not clear. This was followed by
discussion concerning the definition of "storage".
Mayor Futch stated that he assumes the majority of the Council is
in favor of the motion but he does not agree because the reason for
the\period of time recommended by the P.C. was to give people additional
time to amortize the use of their recreational vehicle which they may
have recently purchased. He stated that he understands the need and
the reasons for the ordinance but does believe a longer transition
period is necessary.
Cm Turner, Cw Tirsell and Mayor Futch expressed regrets at having
to adopt such an ordinance for various personal reasons but they
indicated that the public did vote for such an ordinance and it
is their obligation to provide one that would eliminate storage in
front yards.
Cw Tirsell stated that the public voted this ordinance in and the
Council will soon know if they want it "voted out".
Cm Staley stated that he would not want to vote for an ordinance that
will not be enforced because this type of action breeds disrespect
for any law making body who would pass an ordinance that will not
be enforced or cannot be enforced. If the Council objects to the
ordinance, this is one thing, but if the objections are to the enforce-
ment, that is something else.
Cm Turner stated that he can just see a bunch of kids running around
town during the summer telling people that they can't store their
trailers in the front yard just before people are going on vacation
and felt this information might not be well received.
Cm Miller stated that Cm Staley's suggestion for letting the summer
students inform people was good but Cm Turner also has a point. The
motion at present is for one year and perhaps there could be a notice
in the newspaper prior to summer so that people might be aware of the
ordinance before the summer students go around to check.
Richard Dickinson, 211 Donner, stated that he is fully opposed to
anything that will dictate what he can park on his property. He
stated that if this ordinance passes he will be one who will help
fight it into court. He stated that he believes Santa Barbara has
a case coming into court over an ordinance that was passed in that
City. There is a magazine available that gives information with
respect to various ordinances which have been ruled unconstitutional
and those which have been ruled legal. He suggested that the Council
review some of these other ordinances.
>
Regrets were again expressed by the Council with explanations that
the Council is obligated to adopt such an ordinance AND MOTION
PASSED 4-1 (Mayor Futch dissenting) .
Since changes were made in the P.C. recommendation the ordinance will
be sent back to the Planning Commission for comment.
CM-30-29S
Cw Tirsell stated that she is not personally in favor of this ordinance _
it works an undue hardship on citizens; however, she will vote in favor of
the ordinance because of the results of the advisory election held in the
city. M! ~<!.L/t1dy~
I
August 18, 1975
RECESS
Mayor Futch called for a five minute recess after which the meeting
resumed with all members of the Council present.
APPEAL RE VARIANCE APP.
GREAT AMERICAN LAND
Mr. Horst explained that Great American Land and Development Company
has submitted an appeal for a variance to allow an increase in the
allowable floor area from 25% to 29% on 23 lots ,in the tentative
tract. These lots are all included in the 40 unit tract located
on Murdell Lane. The P.C. denied the request for the variance
because they felt the prescribed findings for allowance of the
variance could not be made.
Earl Mason, Civil Engineer, representing Great American Land, stated
that originally the property was a school site found to be surplus
which reverted back to the original zoning. He illustrated the area
on a map noting that it was to be a school site with a park and
since houses are to be built it means a strip about 1,000 ft. deep
without access to the rear. There was considerable discussion
and numerous meetings held concerning access to this property.
He stated that the problem lies with the fact that the original
owner dedicated .8 of the property in lieu of paying a fee for
park development which has reduced the average lot size from what
it would otherwise be. The developer requests the coverage vari-
ance so the proposed models can be built on the available lots.
It was noted that the park would be dedicated at the time the map
is recorded - the previous tentative map was subject to trading
land and park dedications.
Bill Schworer, President of Great American Land, stated that he
was told by the P.C. that they would not allow a variance under
any condition but would like to illustrate what his problem is
and gave a brief presentation concerning lot coverage for his
lots with the aid of a map. He commented that people are concerned
with what they get for their money and he wishes to build reasonable
four bedroom houses with a family room. He stated that he could
eliminate the family room but there would be no value in the house
if he has to do this. He indicated that with the setbacks allowed
it would be impossible to ever add onto the house. They would
request permission to build a house of value and added that he
designed the house without realizing there would be a lot cover-
age problem.
Dennis Bowen, 485 Murdell Lane, stated that the homeowners in
the area worked with the original developer to get their park
and the developer originally intended to place condominiums in
the area but changed the plans to single family dwelling units
when the neighbors complained about a condominium. He stated
that Great American Land intends to do the same as the original
developer and the homeowners support the request for larger cover-
age. He then read a petition urging the Council to allow the request
for larger coverage which would result in a park for their area.
The petition submitted was signed by 20S homeowners.
Cm Miller stated that it would appear the concern of the residents
is for the park and not necessarily the homes to be built. He
wondered if the homeowners would be interested in coverage allowed
if they were to get the park.
Mr. Bowen indicated that this is not necessarily so, because they
do not want the value of the homes compromised by development of
small houses in that area.
CM-30-296
August 18, 1975
(Great American Land
Variance Request)
Cm Miller stated that it was his understanding the petition addressed
itself to the park.
~
Mr. Bowen stated that this is true but if Great American Land does
not obtain the requested variance they believe he will take the land
that is open space to increase lot sizes.
Les Knott, Chairman of the LARPD Board, stated that they have been
working with the residents in this area for many years in efforts
to provide a park. He stated that they are ready to develop the
park - the mains are in and the water pipes would be installed if
they knew where their land would be, and they also have the seed
for the grass on hand. For the interest of all concerned he would
suggest that the Council grant permission of the variance request.
Cm Turner stated that the Director of Planning submitted a list
of findings that could be made to support the request AND MOVED
TO APPROVE THE VARIANCE REQUEST BASED ON THE FINDINGS MADE BY
THE DIRECTOR OF PLANNING. (a. That the delay in development of the
property resulting from the school reservation constitutes exceptional
or extraordinary circumstances; b. the granting of such a variance will
not oonstitute a grant of special privilege; c. that such a variance
is necessary for the preservation and enjoyment of substantial property
rights; and d. that the authorizing of such a variance will not be
detrimental to adjacent property.) MOTION DIED FOR LACK OF A SECOND.
Cm Turner commented that an additional 10% increase of coverage
would be an additional 7SD sq. ft. and it would be unreasonable
to expect anyone to add this amount to their house. He stated
that he would like to restate the motion because the variance
request is reasonable and the coverage is reasonable.
CM TURNER MOVED THAT THE VARIANCE REQUEST BE ALLOWED WITH THE
ADDITIONAL FINDINGS MADE BY THE STAFF (a, b, c, and d). MOTION
SECONDED BY MAYOR FUTCH FOR DISCUSSION PURPOSES.
Cw Tirsell stated that she feels two issues are at hand: I) the
park the people desire and the Park District is working hard to
provide and the Council needs to make sure this park configuration
remains; 2) the residents do not want devaluation of their properties
to take place but this is not within the purvue of the counc42 -
they cannot decide what type 0; housiF9~11 b~ deve~oped. ~' ~
c~~~;~la~~~mf~g~~~:ng t ~~d~S t:t
the 2S% coverage has been consistent for the other RS "and RL areas .11
and she feels that basically Great American Land is saying that they ~~
disagree with the ordinance. If a variance is granted it ma~~~~~ "
unfair for all the other developers who have conformed and i~esn e ~,
.eRaR~e the ordinance. She added that the City has problems too in
~:~~ey are dealing with new owners of the property every three
J and could say that the City is faced with unusual circumstances
also.
Cm Staley wondered what the zoning is for other houses in the area
and the coverage allowed.
~
/
Mr. Horst explained that there is RL Zoning for that area with 40%
coverage for the other homes.
Cm Staley then asked what zoning was in effect at the time the
school site was reserved and Mr. Horst indicated that both the
RS and RL Ordinances were in effect.
CM-3D-297
August la, 1975
(Great American Land
Variance Application)
It was noted that the situation is more complex than changing lots
around and if the variance is required it would, in fact, require
a new tract map, and there are trades with LARPD.
Discussion followed concerning the models and the square footage
of each. It was mentioned that about 68% of the homes will be
the two largest models.
i I
~~
Cm Staley noted that the largest model could be eliminated and
this would probably solve the coverage problem but Mr. Schworer
stated that it is a matter of economics and that people with
children still prefer to purchase a four bedroom home.
Cm Miller stated that there have been no variances ever granted
against the RS Zoning Ordinance since its adoption. The purpose
of allowing only 2S% coverage with expansion allowed later, was
not a question of time but who did the expanding and this was
the major issue. The initial builder could not crowd the lot and
leave no room for expansion for home buyers or to limit possible
expansion by the home buyer. In order to give a house and lot and
setback consistent with reasonable backyard space, etc. and oppor-
tunity for expansion later, if the buyer chose, was provided and
was not to be done by the developer. This was deliberate, and
consequently, the fact that one could do something in two years
was not the issue of the RS Ordinance. There was an effort to
eliminate large houses being built on small lots.
Cm Miller stated that the discussion of this item has been as if
the developer and subdivider were the same person - they are, in
fact, not the same person. The subdivider, neighbors, and LARPD
all agreed upon this configuration for the tentative map for the
park. The developer, when he purchased the property, should have
known what the lot sizes were and what the ordinance allows. Fur-
thermore his civil engineering consultants should have told him
what the percentage of coverages are because they are familiar with
what the ordinances allow.
Cm Miller stated that the issue is that the developer wishes to
build houses on lots that are too small for the houses he desires
to build. If he wishes to build larger houses he has other alter-
natives: I) reduce the number of lots; or 2) build a smaller house.
The fact he wants to build a large house on a lot that is too small
is not a reason to grant a variance. In his opinion, there is no
justification for granting a variance.
One of the major concerns of the neighbors is preserving the park
and the developer has a tentative map that is binding on the City
- the City has to approve a final, consistent with that tentative
map and the tentative map is equally binding on the developer.
In accordance with this map if the developer choses to develop
he must also dedicate the .a acres which is a condition of the
tentative. The developer bought the tentative knowing what the
conditions were and should have known what the lot sizes were,
and should have known what coverage is allowed. He can ask for
a variance or amendment to the tentative but the law does not
require the City to amend a tentative or grant a variance. The
subdivider has the opportunity to withdraw the tentative and sub-
mit a new one without the park in it, but this tentative map was
included in the City's sewer commitments because it was a tentative
map in the mill - this would not pertain to any other tentative sub-
mitted later.
CM-30-29a
August 18, 1975
(Great American Land
Variance Application)
c
If the tentative map is withdrawn, at the option of the builder, then
he has said, effectively, he does not want to build according to the
map which was in the mill and in Cm Miller's opinion the City should
no longer have a sewer commitment to that tract. He would have to
wait a long time to get sewage. If the developer loses the sewer
connections and does not develop the question would be, what would
happen to the land that should be park. The answer is that the City
has the right to condemn and it is within the power of the City to
condemn the .81 acres, whether or not there is a tentative map. If
the City is required to purchase the property it is no longer available
for counting in the overall density which would leave 3.2 houses per
acre and the developer would lose about three lots if the City has to
resort to condemnation.
Pressure on the part of the developer to say they will take away the
park unless the variance is granted is not a reasonable discription
of the situation. Cm Miller stated that he can't make any findings
to grant a variance but can see a couple of ways to preserve the
park. Therefore, if the concerns of LARPD and the major concerns
of the residents would be satisfied with retention of the park, with-
out granting the variance, he feels this would be preferable to
granting a variance for which the findings cannot be made.
Cm Turner commented that he hasn't heard anyone mention that the
park land would be taken away if the variance isn't granted, and
condemnation does take a long time and this should be kept in mind.
Skip Clausen, 370 Pearl Drive, stated that Cm Miller has indicated
the 29% coverage would mean a IS% increase in the size of the house
and he felt this was incorrect.
Cm Miller explained that the increased coverage is 4% out of the
total lot size so if one divides 29% by 2S% it gives the ratio
for the increased size of the house which equals l.l5 or 15%.
Mr. Clausen felt power plays are satisfactory, in their place,
but with respect to the fact variances have never been granted
for the RS Ordinance, laws are subject to exceptions and should
be granted if it is to the benefit of the parties involved. He
stated that power plays, in this instance, are not necessary.
It appears that the developer has the interest of the community
in mind as well as his own interests and that there is a balance.
He stated that he believes power plays should be involved when
there is not a balance.
Earl Mason, stated that out of all the 300-400 lots located out
in that general area there are only about 50 RS lots and all the
others are RL lots. To add another 40 lots to the already existing
lots which have been allowed 40% coverage would not seem to be an
unreasonable request if it accomplishes what would be best for the
community and the area. The developer wishes to build the size of
house a family would need because due to the ordinance there is no
way anyone can ever add to the house with the required side yards,
etc. This means that the ultimate size would be 29% now rather
than 35% by the home owner later.
Mr. Clausen stated that Great American Land is ready to build and
/~ he wants to see something go into that vacant area. He stated that
for 2~ years the dust from that vacant area has blown through his
house and that when he purchased the house it was with the under-
standing that a school would go in there. He is tired of not having
a place for his kids to play and presently there are motorcycles
in there and other hazards which prevent him from allowing his
children to play in the vacant area. Development is ready to begin
and he stated that he is "all for it".
CM-30-299
August l8, 1975
(Great American Land
Variance Request)
AT THIS TIME MAYOR FUTCH CALLED FOR THE QUESTION AND THE MOTION
FAILED 1-4 (Cm Miller, Staley, Cw Tirsell and Mayor Futch dissent-
ing) .
CW TIRSELL MOVED TO ADOPT THE PLANNING RECOMMENDATION TO DENY THE
REQUEST FOR A VARIANCE, BASED ON THEIR FINDINGS, SECONDED BY CM
MILLER.
Cm Turner stated that he strongly disagrees with the opinion of
the majority of the Council and that it is very clear there are
overriding circumstances for this variance.
Mayor Futch stated that he also sympathizes with some of the
arguments in favor of granting the variance but he really feels
the Council should try to uphold an ordinance that has been up-
held for many years, particularly when there is nothing unusual
about the topography of the land. The developer does have the
option of using the other models that would fit on the lots and
in his opinion there is no reason to change the ordinance because
of his problem.
MOTION PASSED 4-1 (Cm Turner dissenting) .
RESOLUTION 18D-7S
A RESOLUTION DENYING APPEAL BY THE GREAT AMERICAN LAND
AND DEVELOPMENT COMPANY FOR VARIANCE APPLICATION.
COMMUNICATION FROM
MAYOR OF MONTEREY
RE TAX RELIEF
Cm Turner requested that the letter from the Mayor of Monterey
concerning tax relief for the tax payer in the form of compre-
hensive tax reform legislation be continued to this week for
discussion purposes.
Cm Turner stated that he feels some of the points made by the
mayor were reasonable but others probably not feasible but would
like the Council to somehow support the theory that the tax payer
is paying more than his share of the tax burden, particularly in
a county area.
ON MOTION OF CM TURNER, SECONDED BY CW TIRSELL AND BY UNANIMOUS
VOTE THE STAFF WAS DIRECTED TO SEND A LETTER TO THE GOVERNOR
URGING TAX REFORM LEGISLATION.
REPORT RE DESIGN OF FIRST
ST./SO. LIVERMORE AVENUE
The Public Works Director reported that the properties for the
alignment of First Street/So. Livermore Avenue have been ob-
tained, the engineering designs are complete and bids are
in order for proceeding with the project. The estimated cost
is $lS5,000 with CALTRANS financing $95,000 and the City $60,000.
The other facet of the project will be the beautification on the
northwest and southwest corners of the intersection. Plans have
been prepared but further Council discussion has been requested
on the proposal for off-street parking facilities on the southeast
site. It is recommended that a motion be adopted authorizing con-
struction bids.
Mr. Lee then illustrated the various designs indicating parking
lot exits and entrances which was followed by a discussion of
some of the problems.
CM-3D-30D
August 18, 1975
(First St./So. Liv. Ave.)
CM MILLER MOVED TO ADOPT THE DESIGN AND BEAUTIFICATION IMPROVEMENTS
FOR FIRST STREET/SO. LIVERMORE AVENUE, AS INCLUDED IN THE AGENDA
PACKET. MOTION FAILED FOR LACK OF A SECOND.
lj\
Mayor Futch stated that he was opposed to the purchase of the two
corners through use of park funds and after it has been purchased
he would also be opposed to use of park funds for provision of a
parking lot.
Cm Staley stated that he is personally familiar with the need for
additional parking in the downtown area but at the same time he
feels a strong commitment for having more park space downtown.
In his opinion, this site does not seem to be the best place for
the location of a parking lot and on the other hand is not con-
vinced that it is the best location for a park either. At present
the CBD is undergoing a study and rather than make a decision this
evening he would suggest including these parcels in the study. One
of the options he would like to see considered would be the market
value of these properties for commercial development, after the
realignment takes place, and if the value is sufficient, perhaps
offering them for commercial development and using the proceeds
for acquisition of a larger park along First Street. He would also
like to say that this corner is not where parking is needed but
rather down around Second Street and the Post Office.
Cw Tirsell stated that she would be opposed to continuing this item
because it has been on the agenda for several years. The report
from Ribera and Sue indicates a need for visual relief in the down-
town area but believes beauty and utility can be combined. For
example, the owners of the bakery could be asked to cover the wall
of that long building with ivy. She concurrs that there would be
a problem with traffic turning on First Street and has an alternate
design she would like the Council to consider. She stated that if
the corner lot is mounded correctly it can have the appearance of
open space with parking spaces hidden behind it, and no one need
know there is parking behind the beautified area. She stated that
she really dislikes losing the opportunity to make something beauti-
ful and yet useful at the same time.
Cm Turner stated that he would certainly support the recommendations
and comments made by Cw Tirsell. He added that while he and Cw
Tirsell were members of the Planning Commission they did see this
concept in use in industrial parks - the combining of beauty and
utilization of the area for parking, and the aesthetic affects
were very pleasing.
Discussion followed, concerning the various plans for the corner,
and problems which would be confronted with respect to traffic,
etc.
Mr. Lee roughly estimated that the fee for park developement
vs. development including a parking lot is $IS,OOO or $21,000
with the parking lot providing 16 parking spaces, and noted that
a parking lot for this area would be difficult.
Cm Staley stated that there is a vacant lot at Second Street and
"J" Street and perhaps the City could purchase something like this
for a parking lot in that area.
~
Cw Tirsell pointed out that there is parallel parking on one side
of "J" Street and diagonel on the other side and the City would
have to do away with parking spaces in order to create an access
for the parking lot. It wouldn't be a very good idea to eliminate
six parking spaces on the street to provide 12 spaces on a lot.
Mayor Futch stated that the Council is discussing development of
an area at the corner of First Street and South Livermore Avenue
with possible parking provisions but he would be very reluctant to
vote for something without knowing where the funds would corne from.
CM-30-301
August la, 1975
(First St./So. Liv. Ave.)
Cm Turner suggested that a motion be tempered to include the
formulation for reimbursing the Park Fund, that would be satis-
factory to the Council and perhaps this would alleviate the con-
cern expressed by Mayor Futch.
John Regan, 270 South "N" Street, wondered if the public or the
merchants have been asked for input with respect to what should
be done at the intersection and, if not, perhaps there should be
postponement of a decision until they have been contacted.
I
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Celia Baker, Sl4 Bell Avenue, stated that she believes it should
be determined what the parking problem is and who is creating it.
She knows that many employees are using parking spaces on the street
and that some of the banks will not allow parking for employees in
their lot so they are also using the street.
Gloria Taylor, S8S South "L"-Street, stated that the little amount
of parking that could be provided at this corner wouldn't make a
dent in the number of spaces needed and urged that the corner simply
be beautified. If parking is provided it will be taken by merchants
or employees and the public will still have a lack of parking for go-
ing to the downtown stores.
Ayn Weiskamp, 1413 Lillian Street, Chairman of the Beautification
Committee, stated that she really believes Livermore needs some-
thing downtown to make it appear attractive. She stated that she
has enough interest in that corner to personally help dig and plant
trees and knows of other members of the Beautification Committee who
share this sentiment.
Gail Sidhu, IS33 Vancouver Way, speaking as a business person from
downtown Livermore, would like to support the suggestion for the
mini park at the corner of First Street and So. Livermore Avenue.
She stated that downtown Livermore is sick and anyone driving through
is either appalled or glad to be moving through at a fast pace.
In order to promote pride in Livermore the citizens must sacrafice
a few parking places in favor of face lifting, demolition, and mini
parks. She added that she would welcome traffic tie-ups and a horrible
parking problem because this would be an indication of a vital dynamic
business community and a "well" Livermore.
David Eller, 3797 Oregon Way, stated that he agrees with the pro-
posal for mini parks. He stated that he considers the area between
"L" Street and South Livermore, as the downtown area of Livermore
and that the main street of Pleasanton is considered the downtown
area of that town. What people enjoy while driving through Pleasan-
ton are the aesthetic qualities - not that there are thousands of
parking lots. He stated that a lot can be done with paint to improve
Livermore. The flagpole and the central area around it should be
the central spot and the most aesthetic portion of the downtown
area. He would urge postponement of this item until the Beautifica-
tion Committee has the opportunity to present coordinated plans
for the beautification of First Street.
Cm Miller stated these parcels were purchased and designed for park
purposes and beautification and to use them for parking would be
contrary to the recommendations of the Beautification Committee,
contrary to he recommendations of Ribera and Sue which were approved
by the Council and P.C., and it would seem to him to be a tragedy
to destroy, for the use of automobiles, a park that was designed
to make the downtown and City attractive. There is so little greenery
in the City that to use this particular piece for parking would
be like turning Golden Gate Park and Central Park into parking lots.
CM-3D-3D2
August 18, 1975
(First St./So. Liv. Ave.)
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Cm Miller continued to comment that to provide IS parking spaces
out of this small area would eliminate a large portion of greenery.
There is no question that there is a need for additional parking
but he would agree with Cm Staley in that it should be dealt with
in a different way, separately. Other Councils have tried to resolve
the Second Street parking problem and in 197D there was an effort
to provide a major parking area but at that time the merchants
opposed it. In his opinion the City should proceed with what the
purchase was made fo. He added that, essentially, a parking lot
at this particular corner would be a parking lot for a bar and the
use of park money for this purpose cannot be justified. The purchase
has been made, the plans have been approved, and the purpose was to
try to improve the appearance of our downtown. He stated that it
has been found everywhere that attractive downtowns encourage
shopping therein - the merchants need the business and the City needs
the sales tax.
CM MILLER MOVED TO ACCEPT THE DESIGN AND PROCEED WITH THE DEVELOP-
MENT OF THIS PARK.
Cw Tirsell stated that she doesn't understand why the Mayor doesn't
second the motion and he explained that he is opposed to using park
funds for the project and unless someone can explain where the money
is to come from he is opposed to any action.
Cm Staley stated that he believes there would be some benefit in
having parks on these corners and little merit in adding parking
because the lots are too small but still believes that once the
street is realigned these lots will be very valuable and the City
may be able to get enough money from the sale of the two parcels
to purchase a better area for a park, as well as a more useful
area for parking.
Cw Tirsell stated that this suggestion would be absolutely contrary
to the recommendations of Ribera and Sue, the consultants, who have
indicated that what is needed in the downtown area is visual relief
and openness.
Mayor Futch again emphasized that he really believes the Council
should sit down and determine where the funds will come from to
do anything with the corners, whether it be parking or beautification.
CM TURNER MOVED TO TABLE THIS ITEM, SECONDED BY CM STALEY AND PASSED
BY A 3-2 VOTE (Cm Miller and Cw Tirsell dissenting) .
RETURN TO DISCUSSION
RE GREAT AMERICAN LAND
DEVELOPMENT - MURDELL
Earl Mason stated that the developer of Great American Land would
like to know if they could work with the staff and LARPD to keep
the park as it is and make amendments to their tentative map. In
essence they wish to create larger lots so the larger houses can be
built and this might mean the loss of one or two lots to the developer.
They intend to conform to the RS Ordinance, leaving the .a for the
park, and leaving the access, but revising the lot sizes.
Cm Miller stated that if the developer conforms to the ordinance and
the park and access remain, he would be agreeable to this request.
He suggested that Mr. Mason speak with the City Attorney to see if
amendments can be made without refiling a tentative.
CM-3D-303
August la, 1975
(Great American Land)
Cm Miller stated that he can't speak for anyone else, but if
it is a matter of timing and the developer is going to satisfy
the ordinance and everything else is otherwise alright he would
be willing to consider a short extension for allowing the issuance
of the permits.
Mayor Futch stated that in the absence of a report or comment
from the City Attorney it would be agreeable with the Council
for the developer and Mr. Mason to discuss this matter with
the City Attorney and staff if there are no legal problems.
Mr. Mason stated that the problem is timing and they need to get
a consensus from the Council to go ahead and work with the staff.
The City Attorney commented that there is no provision in the
Government Code to allow for an amendment of an approved tenta-
tive map but there probably is a way to get around this by, in
effect, repealing approval of the tentative and adopting the
revised tentative. However, the Council should make findings
to take exception to the normal resolution about sewer capacity
and indicating that this was considered as part of the capacity
and the Council would be reducing the arnount of capacity that
would be used with the revised tentative, and the Council would
allow for this.
Mr. Mason explained that often a tentative is approved with IDS
lots, for example, and when it is time for approval of the final
there is only room for 103 lots - this is substantially the same
thing and nobody ever questions a change. All they intend to do
is to adjust the lot sizes on the final map.
The City Attorney stated that in this case the developer wants to
amend the approved tentative and then adopt it again and this is
what there is no provision for in the law.
Mayor Futch stated that the Council has indicated that it would
be receptive to changes if they can be worked out, legally, and
there is nothing more the Council can do this evening.
MOTION RE REGULA-
TION OF DISPOSABLE
BEVERAGE CONTAINERS
At the last Council meeting discussion took place concerning
effective regulation of disposable beverage containers and the
following proposals were made:
I) Request that the Alameda County Mayors Conference formally
support a uniform local ordinance;
2) Request that ABAG support and sponsor similar legislation
among its member jurisdictions; and
3) Request support of the Mayors Conference and ABAG for the
adoption of stringent state legislation for statewide appli-
cation.
CM MILLER MOVED TO ADOPT THE THREE RECOMMENDATIONS LISTED ABOVE,
SECONDED BY CW TIRSELL, AND PASSED BY UNANIMOUS VOTE.
CM-30-304
August la, 1975
ADOPTION OF MUNI. CODE
AMEND. RE SALARIES OF
PLANNING COMMISSIONERS
I
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ON MOTION OF CM MILLER, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE
THE MUNICIPAL CODE AMENDMENT RELATING TO SALARIES OF THE PLANNING
COMMISSIONERS WAS ADOPTED.
ORDINANCE NO. 869
AN ORDINANCE OF THE CITY OF LIVERMORE AMENDING ARTICLE IV,
SECTION 2.46, OF THE LIVERMORE CITY CODE, RELATING TO SAL-
ARIES OF THE PLANNING COMMISSION.
SISTER CITY VISIT
Cm Staley stated that when he visited the Sister City of Quezaltenango
he was given a proclamation to be framed and placed in City Hall and
it has brought to mind that our City does not have a proclamation or
a key to the City or any type of protocalol.
Cm Turner stated that this is true but the City is working on some-
thing now. The City Manager has been asked to look into this and
make a recommendation.
ADJOURNMENT
Mayor Futch adjourned the meeting at l2:IS a.m. to an executive
session to consider pending litigation and appointments.
APPROVE
~11:~ // .~?
Mayor
~
I \~.'.. .:-..
J.ty Clerk
. ivtJ;.ore, California
ATTEST
Regular Meeting of August 25, 1975
A regular meeting of the City Council of the City of Livermore was
held on August 2S, 1975, in the Municipal Court Chambers, 39 South
Livermore Avenue. The meeting was called to order at 8:10 with
Mayor Futch presiding.
ROLL CALL
Present: Cw Tirsell, Cm Staley and Mayor Futch
Absent: Cm Turner and Miller (Excused)
PLEDGE OF ALLEGIANCE
Mayor Futch led the Councilmembers as well as those present in the
audience, in the Pledge of Allegiance.
CM-30-3D5
August 25, 1975
MINUTES
ON MOTION OF CW TIRSELL, SECONDED BY MAYOR FUTCH AND BY UNANIMOUS
VOTE (Cm Staley abstaining due to absence) THE MINUTES FOR THE
MEETING OF AUGUST II, 1975, WERE APPROVED AS SUBMITTED.
OPEN FORUM
(P.C. Appointment)
David Castro, 2276 Chestnut Street stated that he read in the
newspaper that the recent appointment to the Planning Commission
by the Council was for someone in the business of real estate and
wondered if there would be a conflict of interest concerning City
business.
It was noted that if the paper indicated Mr. Sadler is in real
estate it was a mistake.
(Tract 3607 - Great
American Land)
Earl Mason, Civil Engineer, representing Great American Land and
Development stated that as the Council will recall he spoke to
the Council last week about Tract 3607. It was suggested that
if Great American Land could find a solution to the lot problem
they should let the Council know.
The staff has seen the amended map and Great American Land would
like the Council to be aware of the changes and to review them.
Mr. Lee, Mr. Musso, Mr. Logan and the Park District have reviewed
it and have indicated that it is satisfactory.
Mayor Futch stated that the Council will be happy to receive and
review copies of the map but would like to ask the City Attorney
what Council process is necessary.
The City Attorney explained that the map is not an amended map or
not an amended tentative map because the law does not provide for
amendments to approved tentative subdivision maps. Nevertheless,
what Great American Land is showing the Council is what they pro-
pose to do for the final map and if they file a final map, such
as what is before the Council, it will probably be in substantial
conformity with the tentative map. If the Council approves the
final map then it doesn't matter that it doesn't exactly conform
to the tentative and this is the way one eliminates amending the
tentative map. The final is amended and the Council approves the
final. If the Council does not like the arnendment of the final then
it can be rejected on the basis it does not conform to the tentative.
The City Attorney stated that he suggested that Mr. Mason inform the
Council, at this meeting, what they are planning to do.
Mr. Lee indicated that he and Mr. Musso reviewed the map and it is
in substantial conformance with the tentative map.
Mr. Musso stated that the one significant change is that with the
proposed configuration the developer gives the City some money
rather than additional land for park dedication but this does
not affect the access to the park, or its configuration.
Mr. Mason stated that they were able to work everything out using
the allowable 2S% coverage without decreasing the number of lots.
He added that he has a letter of approval from LARPD also.
CM-30-306
August 25, 1975
(Tract 3607 - Great
American Land)
i
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Cm Staley stated that he is very happy the changes could be made,
within the ordinance, but was very unhappy that the homeowners
were apparently mislead into believing that their park was dependent
upon the developer receiving the variance. He stated that he believes
this was not the case and apparently this change proves it was not the
case.
Mr. Mason stated that the ordinance allows, when there are 50 lots or
less, the developer the choice of whether he dedicates land or money
for a park. That choice, in effect, was taken away from the developer
at last week's meeting and they were told that they had to leave
the park - period. They weren't trying to mislead anybody - that's
the way the ordinance reads. The developer, supposedly, had the
choice. He is trying to cooperate and this appears to be a good
solution.
Cm Staley stated that he believes this doesn't quite state the facts
as they existed last week. He believes the facts were that the tenta-
tive map had been approved by the earlier developer who, in fact, as
a condition of the approval agreed to donate that park land. While
it is true that, initially, it was his choice to decide whether to
donate park land to the City or to pay the fees, the choice was made
prior to Great American Land taking over the project and this is not
a choice that was taken away by the City Council last week. He con-
tinued to comment that the thing that disturbed him last week was
that after he carefully reviewed the plans he found that three of
the proposed plans would have fit on almost any lot and only two
would not. There were 23 variances asked for out of 40 lots.
He stated that he does not object to the request for a variance on
23 lots but what he did not like was the concept he believes was
mistakenly given to the homeowners - that if the City Council didn't
grant the variance, the park would not be forthcoming. He stated
that 208 homeowners left the meeting last week convinved that the
Council had voted against them when, in fact, it did not at all and
that it voted in favor of the homeowners. Tonight the Council sees
the application where the developer is getting the 40 lots and the
people are getting their park and everyone is happy. Last week this
was not the case - people left very upset. He stated that he believes
people signed the petition because they were allowed to maintain a
false notion concerning the park and he added that he really wanted
this to be voiced publicly.
Mayor Futch stated that in reviewing the final as presented, by
a quick glance, it would appear that it is in agreement with the
ordinance and when it comes before the Counil as a final map, unless
the Council finds some reason for denying it, it would appear that
the Council would approve it.
(East Avenue Bikeway)
/
Franklin Halasz, Attorney at Law, 229 Garnet Drive, stated that he
is addressing the Council in the nature of a continuing news item
on the East Avenue bikeway. On Tuesday afternoon at about 4:lD p.m.
he was proceeding westward on East Avenue, approaching Almond Avenue,
on his bicycle. There was a car stopped clear of the bikeway waiting
to make a right turn onto east Avenue. There was a bicyclist ahead
of Mr. Halasz going slowly who elected to wait for the automobile
but by the time Mr. Halasz realized what the bicyclist was doing
it was too late for him to stop without overturning his bicycle.
As a result, he suffered a broken elbow.
The reason he is before the Council is to remind them that the situa-
tion continues to be dangerous and people will continue to be hurt.
The problem is counter traffic and no room for two-way bike paths
the length of East Avenue. He stated that he would suggest the Council
CM-30-3D7
August 25, 1975
(East Ave. Bikeway)
seriously address the possibility of devoting whatever money and
effort is necessary to getting this situation corrected, immediately,
including acquiring land and paying PG&E to place utilities under-
ground, etc., before someone is killed.
Mr. Halasz commented that the reason he was hurt was because he
applied his brakes but skidded on dirt that was remaining on the
pavement from construction work for the new fire station.
Mr. Lee stated that the staff is in the process of gathering data
the Council requested concerning accident records for the county
area and will make every effort to provide this information at
the next Council meeting.
Mayor Futch stated that it is the Council's intention to do every-
thing possible at the earliest possible date and urged that this
information be available at the next meeting - September 8th.
Cw Tirsell stated that, frankly, the Council feels frustrated
because Mr. Halasz asks the Council to help but most of the
land is in the County with a three stage improvement planned for
the road. We have children that we worry about, going up the
other side.- very dan~crous, aRd the li~ht poles arc daR~crouo.
The Council feels the same sort of frustration because Mr. Halasz
comes to the Council, is hurt, and all the Council can promise is
that "we will expedite". As a cyclist the word is passed that East
Avenue is an extremely dangerous bike path and that one rides at
their risk. until the City can do something, if everybody is alert
and rides with full awareness and alertness, maybe the situation can
be kept under control. This is just one of those things that can't
be taken care of "tomorrow", and she stated that she regrets this
because more and more people have been hurt. This makes three
people hurt this summer that the Council knows about.
(Shaheen Industrial
Park Map)
Earl Mason stated that on July 2lst the Council approved the Roger
Shaheen Industrial Park map and agreement. In the agreement there
was an amount stated for a credit, from the City, for the storm
drain oversized pipe, in accordance with the Storm Drain Ordinance.
Since that time, due to changes in the plans, etc., the apparent
low bidder at that time was not the low bidder and they had to
go to the second bidder - now the low bidder. This affected the
numbers in the storm drain credit amount. He has discussed this
matter with Mr. Lee and Mr. Logan and they felt since the amount
was a fair amount of increase in the number, that Mr. Mason should
ask the Council if it would be alright to reaffirm the agreement
with the one change. All the bonds are ready to be given to the
City as soon as the agreement figure is changed. The agreement
has been signed and the man wants to start development tomorrow.
Mr. Lee stated that the number which had been used previously was
based on bids that had been given to the City. They had given
the City a set of three bids and the low bidder, at that time,
had bid higher on the storm drainage and the method of calculating
the fee was in strict conformance with the ordinance.
Cw Tirsell stated that she doesn't really understand what has
happened and Mr. Lee indicated that he would go into the matter
in further detail.
When the City approvs a development agreeement and plans, it knows
precisely how many feet of storm drain are going in. A developer
CM-30-3D8
August 25, 1975
(Shaheen Industrial
Park Agreement)
"'-
is given credit toward his storm drainage fees for oversized storm
lines - lines over 18 inches. There are 24 inch lines in his tract
and he gets credit towards the storm drainage fees in the amount of
$7,337. This means that the first $7,337 owed to the City is credited
to him and he doesn't have to pay the cash. This amount is listed in
the agreement so there is no question about the amount. Mr. Lee
indicated that the first figure was $4,627.46, and now it is $7,337"
- the City had a better deal the way it was calculated before than
it will now.
Cm Staley commented that he finds it difficult to make a decision
on the spur of the moment without further information and if the
Shaheen developers should receive credit he is in favor of it but
finds it surprising that the cost should have gone up 60% or more.
Mr. Lee indicated that part of the reason for the increase is the
way it was calculated in the beginning and that strict interpretation
of the ordinance would favor the developer. The Council did not see
the justification for the first figure and he will be happy to furnish
the Council with a breakdown of both figures.
Mayor Futch pointed out that it is against Council policy to make
a decision on anything not on the agenda and felt it would be best
to get a report from Mr. Lee and make a decision later.
Cm Staley stated he sees no reason the City and developer can't
proceed with the original agreement to get things started and
the adjustment, if proven justified, can be made at a later date.
CONSENT CALENDAR
Greens committee Meeting
The minutes for the Greens Committee meeting of July 17, 1975, were
submitted to the Council for informational purposes.
Monthly Progress Reports
A monthly progress report for the month of June was received for infor-
mation concerning the Water Reclamation Plant construction project.
Res. re Low Income Housing
The Council adopted the following resolution establishing a policy
related to low-moderate income housing:
RESOLUTION NO. 181-75
A RESOLUTION ADOPTING HUD REGULATIONS PER-
TAINING TO LOW-COST HOUSING
Res. re Appointments
-~'\ The following resolutions approving appointments were adopted:
RESOLUTION NO. 182-7S
A RESOLUTION APPOINTING MEMBER TO AIRPORT ADVISORY COMMITTEE
(Steve Patenaude)
CM-30-3D9
August 25, 1975
RESOLUTION NO. 183-7S
A RESOLUTION APPOINTING MEMBERS TO BEAUTIFICATION
COMMITTEE (Ann Bradley, Norman Hong, Marjorie Leider)
RESOLUTION NO. la4-75
A RESOLUTION APPOINTING MEMBER TO COMMUNITY AFFAIRS
COMMITTEE (Marilyn Lane)
RESOLUTION NO. 18S-7S
A RESOLUTION APPOINTING MEMBERS TO LIBRARY BOARD
(Kay Honodel Reappointed, and Christine Sherman)
RESOLUTION NO. l86-7S
A RESOLUTION APPOINTING PLANNING COMMISSIONER
(James Sadler)
RESOLUTION NO. 187-75
A RESOLUTION APPOINTING MEMBER TO SOCIAL CONCERNS
COMMITTEE (Barbara Carothers)
Res. Authorizing
Settlement of Condemnation
A resolution authorizing settlement of condemnation action was
adopted by the Council.
RESOLUTION NO. 18a-7S
A RESOLUTION AUTHORIZING SETTLEMENT OF CONDEMNATION ACTION
(Parcel IS: GEORGE RONALD DONNELLY - City v. Zepol, et al action)
Res. Auth. Exec. of
Agree. re STEP
RESOLUTION NO. 189-7S
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
(City of Pleasanton: STEP - 1975)
Payroll & Claims
There were a4 claims in the amount of $271,040.73, dated August 18,
1975, and approved by the Director of Finance.
APPROVAL OF CON-
SENT CALENDAR
ON MOTION OF CW TIRSELL, SECONDED BY CM STALEY AND BY UNANIMOUS
VOTE, THE CONSENT CALENDAR WAS APPROVED.
MATTERS INITIATED
BY THE STAFF
(Greenville North Trial)
The City Attorney noted that the trial for Greenville North is
over and the City has a park but the cost is not known, as yet.
The order for condemnation will be received within 30 days.
CM-3D-31D
August 25, 1975
(Parking Lots)
Cm Staley stated that last week the matter of the lots at First
Street and South Livermore Avenue, with respect to possible
additional parking, was postponed and he would like to request
that this be scheduled for discussion on the first agenda in October.
Cm Staley stated that he would like the Council to consider the
whole problem of parking in the downtown area and not just whether
or not the lots at the intersection at First Street and South
Livermore Avenue should or should not include parking. He felt
the intersection should be considered by the P.C. and the Beautifica-
tion Committee with recommendations made to the Council for some type
of comprehensive plan. There should also be recommendations from the
Chamber of Commerce and some discussion concerning the financing.
Cm Staley stated that one method of financing which comes to mind
is some type of tax override such as we have for the present munici-
pal lot, or some type of assessment district.
The Business License Tax Study Committee was going to review the
surcharge, as it relates to municipal parking, and perhaps the
Council could ask that this part of the report be ready by the
first meeting in October. Perhaps they could give some indication
of the amount of revenue that could be raised through the surcharge
method.
Cw Tirsell asked that the staff report on the historical problems
the City has encountered with formation of an assessment district
for anyplace in the downtown area so the Council will not find a
happy solution only to discover that something is historically
impossible.
Mr. Lee indicated that bids for the intersection should be going
out as soon as possible and the staff will hopefully be ready in
three weeks. The parks at the intersection should really go out
at the same time as part of the package of the project. He explained
that it is more efficient to have the same contractor do everything
since all the activity will be taking place in the one area. If
all three projects are in one package the contractor will be able
to give the City a better bid. Mr. Lee commented that the traffic
will be disrupted to some extent but the flow of traffic will continue
because it is a state highway and this will be written into the
contract. This project is separate from the relocation project
and he believes it will not increase the amount of disruption to
begin the project now rather than later.
Cw Tirsell asked if the demolition of the buildings will be part of
the contract and Mr. Lee indicated that it would.
Cw Tirsell felt a discussion in six weeks would be a little late
and would suggest that a decision be made as soon as possible,
perhaps September ISth.
Cm Staley stated he has no objection to earlier discussion but his
only reason for suggesting October was to allow maximum input; how-
ever if time is pressing and people are already somewhat organized
then it should be discussed as soon as possible.
CM STALEY MOVED TO REMOVE THE ITEM OF PARKING AND THE FIRST STREET
AND NORTH LIVERMORE AVENUE INTERSECTION FROM THE TABLE AND PLACE IT
ON THE SEPTEMBER lSth AGENDA UNDER UNFINISHED BUSINESS, SECONDED BY
CW TIRSELL.
Cm Staley stated the Council needs to know what kind of parking is
needed and what is proposed, how much this will cost, and a means
for financing it.
CM-3D-3Il
August 25, 1975
(First St./So. Livermore
Avenue Intersection)
Mayor Futch stated that he would agree the Council must look at
the overall problem with respect to parking for the downtown area
and try to obtain a funding method.
Cw Tirsell stated that she is not sure bringing this item from the
table will help because it is a very focused problem that has been
discussed for three years. None of the Council believes that the
few spaces of parking that might be provided in these two sites will
really have any impact. She feels the Council would be able to discuss
the item of what should be done at the intersection but if the Coun-
cil trys to attack the whole problem they will be meeting all night.
Cm Staley stated that he would like the Council to discuss the whole
issue of parking prior to making a decision for the corner and he is
not prepared to vote, either way, on the corner until some type of
comprehensive plan has been accomplished.
Cw Tirsell stated that she feels the motion is wrong because if the
item is brought from the table it is a very specific item involved
with maps and matters to be resolved and if the majority of the
Council wishes to set the matter of parking, in general, on the
agenda for discussion, fine. She stated that the Council will
end up tabling the item in lieu of the discussion on parking, in
general, and it is not an orderly way in which to do business.
CM STALEY WITHDREW THE ORIGINAL MOTION AND MOVED THAT RATHER
THAN TO REMOVE THE ITEM FROM THE TABLE AND PLACING IT UNDER
UNFINISHED BUSINESS, THE COUNCIL PLACE A COMPREHENSIVE DOWN-
TOWN PARKING PLAN INCLUDING METHODS OF FINANCING UNDER NEW
BUSINESS. MOTION WAS SECONDED BY CW TIRSELL AND MOTION PASSED
BY UNANIMOUS VOTE.
It was noted that there should be a report from the Business
License Tax Study Committee with recommendations concerning a
surcharge.
COMMUNICATION RE
SUNSET DEVELOP.
SIGN CITATION HEARING
A letter was received from Henry D. Murphy, Deputy District Attor-
ney, notifying the City of a request for a citation hearing involv-
ing non-conforming signs of Sunset Development, which was held on
June 2, 1975. Mr. Mehran was advised that he would be granted 60
days in which to either obtain a variance or remove the non-
conforming signs.
The letter was noted for filing ON MOTION OF CWTTIRSELL, SECONDED
BY CM STALEY AND BY UNANIMOUS VOTE.
COMMUNICATION FROM BART
RE EXPRESS BUS PROGRAM
A letter of response concerning the BART express bus program was
received from Richard o. Clark, President of BART. He indicated
that no decision has been made to eliminate the program and that
the General Manager has requested that the program continue to
operate until October at which time the issue will be reviewed
by the Board.
The General Manager of BART also informed the Council of fare
adjustments and parking charges which will be implemented on
July lst of next year.
These items were noted for filing on MOTION OF CM STALEY, SECONDED
BY CW TIRSELL AND BY UNANIMOUS VOTE.
CM-30-312
August 25, 1975
COMMUNICATION RE REPLACE-
MENT OF DUMBARTON AND
ANTIOCH BRIDGES
Letters from the City of San Leandro and the City of Union City were
submitted to the Council concerning the replacement of the Durnbarton
and Antioch bridges.
ON MOTION OF CM STALEY, SECONDED BY CW TIRSELL AND BY UNANIMOUS VOTE
THE MATTER WAS NOTED FOR FILING.
RES. ADOPTING TAX RATE
FOR 1975-76 FISCAL YEAR
Don Bradley, Assistant to the City Manager, explained that the
report submitted to the Council summarizes the action recommended
by the staff which is slightly different than what was discussed
at the Budget Hearing. The recommendation asks that the Council
adopt a tax rate l~ higher than what the Council discussed. The
recommendation is made on the basis of the financial condition
of the City and also on the final assessed valuation figures outlined
in the report.
It was noted that there is an 8.2% decrease in the Public Utility
Roll and a 3.1% decrease in the Locally Assessed Unsecured Roll
and Cw Tirsell asked for a verbal explanation.
Mr. Nolan, the Finance Director, reported that the decreases are
a surprise to the City. He indicated that he spoke with the
assessor who reported that it was discovered the recession is in
the Public Utility Roll but they had not received the detailed
numbers at that time. He stated that this affects all utility
properties, including the railroad properties, PG&E, and Western
Union. It was felt there would be a 25% increase in the valuation
of these properties and instead there was a drop. It is recommended
that the tax rate be set at a maximum of 8~ which will be offset
by a proposed decrease in the bond rate of 2~ which will result in
a net of 6~.
ON MOTION OF CW TIRSELL, SECONDED BY CM STALEY AND BY UNANIMOUS
VOTE, THE COUNCIL ADOPTED A RESOLUTION ADOPTING THE 1975-76
FISCAL YEAR TAX RATE of $1.Sl.
RESOLUTION NO. 190-75
RESOLUTION FIXING TAX RATE FOR FISCAL YEAR 1975-76
RES. AUTH. EXEC. OF
AGREE. WITH PG&E
RE METERING STATION
The relocation of PG&E's Isabel Avenue metering station is part
of the East Stanley Boulevard widening project. As soon as PG&E
receives notice from the City, arrangements will be made to remove
the facility on Stanley Boulevard. Upon completion of the work,
reimbursement will be made for the net cost of the move, estimated
to be $115,ODD.
It is also recommended that the Council adopt a resolution authoriz-
ing right-of-entry by the City onto PG&E property.
ON MOTION OF CW TIRSELL, SECONDED BY CM STALEY AND BY UNANIMOUS
VOTE, RESOLUTIONS AUTHORIZING EXECUTION OF AGREEMENT WITH PG&E
WERE ADOPTED.
CM-3D-313
_._------_._........__......._._._-_._~~-------~-----..._~-.._-.~-.._-~"_._,, ....,_._""""_.~.__..._..__......._--,~~---"-----"'-_..".,
August 25, 1975
(East Stanley Widening)
Mr. Lee explained that the project is the result of an agreement
made with the County about lO years ago. The County was to do
the major portion with the City doing other portions and this
particular area is the responsibility of the City.
RESOLUTION NO. 191-7S
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
(Pacific Gas and Electric Company)
RESOLUTION NO. 192-7S
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
(Pacific Gas and Electric Company)
ADJOURNMENT
There being no further Council business, Mayor Futch adjourned the
meeting at 9:10 p.m.
ATTEST
~ /I~
~~~
onn 0 nn Livermore, California
APPROVE
Regular Meeting of September a, 1975
A regular meeting of the City Council of the City of Livermore was
held on September 8, 1975, in the Municipal Court Chambers, 39
South Livermore Avenue. The meeting was called to order at 8:10
p.m. with Mayor Futch presiding.
ROLL CALL
Present: Cm Turner, Miller, Staley, Cw Tirsell and Mayor Futch
Absent: None
PLEDGE OF ALLEGIANCE
Mayor Futch led the Councilmembers as well as those present in the
audience, in the Pledge of Allegiance.
PROCLAMATION
Mayor Futch proclaimed Monday, September 8, 1975, World Literacy
Day in the Livermore area, and read a copy of the proclamation
to the Council and audience.
CM-3D-314
September 8, 1975
MINUTES
August 18th
P. 290, second paragraph from the bottom, line 5 and 6 should read:
build approximately the same kinds of houses at the same price but
shortly the City ...etc. (and will not really be building low income
housing - omitted) .
p. 295, insert a new paragraph which will be the third paragraph
from the bottom: Cw Tirsell stated that she is not personally in
favor of this ordinance - it works an undue hardship on citizens;
however, she will vote in favor of the ordinance because of the
results of the advisory election held in the City.
p. 297, 5th paragraph from the bottom. At the end of the paragraph
add the following sentence: We do not try to manipulate the values
of housing built within the City.
p. 297, 6th paragraph should read: Cw Tirsell added that the impor-
tant thing to keep in mind is that the 25% coverage has been consistent
for the other RS areas and she feels that basically Great American
Land is saying that they disagree with the ordinance. If a variance
is granted it makes it unfair for all the other developers who have
conformed and will weaken the ordinance. She added that the City has
problems too in that they are dealing with new owners Of the property
every three years and could say that the City is faced with unusual
circumstances also.
August 2Sth
P. 308, 5th paragraph line 4 should read: the road. We have
children that we worry about, going up the other side. (Omit
the remainder of line 5.)
ON MOTION OF CW TIRSELL, SECONDED BY STALEY AND BY UNANIMOUS VOTE
THE MINUTES FOR AUGUST 18th villRE APPROVED, AS CORRECTED.
ON MOTION OF CW TIRSELL, SECONDED BY CM STALEY AND BY UNANIMOUS
VOTE (Cm Turner and Miller abstaining due to absence) THE MINUTES
FOR THE MEETING OF AUGUST 25, 1975, l~RE APPROVED AS CORRECTED.
CONSENT CALENDAR
Minutes
The following minutes were submitted to the Council for informational
purposes:
Social Concerns Committee - July 17
Design Review Committee - August 19
Housing Authority - July 22
Report re Signal Timing -
Portola & No. Livermore
With respect to changing the signals at portola and No. Livermore
Avenue to allow a green light for Portola, the staff recommendation
at this time is that the lights remain green for the No. Livermore
Avenue traffic, the major volume street.
Res. Rejecting
Claim
The Council adopted a resolution rejecting the claim of Michael
Burns III.
CM-3D-3l5
September 8, 1975
RESOLUTION NO. 193-95
A RESOLUTION REJECTING THE CLAIM OF MICHAEL
BURNS III.
Payroll & Claims
There were 133 claims in the amount of $114,546.21, and 273 payroll
warrants in the amount of $93,725.67, dated August 28, 1975, and
approved by the Director of Finance.
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CW TIRSELL, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE, THE CONSENT CALENDAR WAS APPROVED.
COMMUNICATIONS - CON-
TINUED UNTIL LATER
REPORT RE CROSSING
GUARD ELIMINATION
The Chief of Police has submitted a report to the City Council
recommending that the crossing guards at portola and Royal and
at Holmes Street and Concannon be eliminated. Both of these
streets are served by traffic lights close to where the crossings
are located.
Cm Miller stated that if the Council is going to adopt a resolution
he would like the reference to portola and Royal deleted.
CH MILLER MOVED TO ADOPT A RESOLUTION AMENDING THE BUDGET BY THE
ELIMINATION OF THE CROSSING GUARD AT HOLMES STREET AND CONCANNON
BOULEVARD, SECONDED BY CW TIRSELL.
Dana Hartley, 513 Briarwood, asked that the Council allow them to
continue traveling safely to school and that the Portola/Royal
crossing be continued. She stated that children using this
crossing have signed a petition and that letters of support have
been submitted by the ECE teacher and the principal.
MOTION PASSED BY UNANIMOUS VOTE.
RESOLUTION NO. 195-75
A RESOLUTION AMENDING 1975-76 BUDGET BY THE
ELIMINATION OF A CROSSING GUARD ASSIGNMENT.
DISCUSSION & P.C. REPORT
RE TRACTS 3641 & 3642
(K&B - No. of Joyce & Katrina)
Discussions concerning Tentative Tracts 3641 and 3642 have been
continued from the meetings of July 8, 21, and August lath. At
which time there were questions as to whether or not development
of these tracts could qualify as low income housing in order to
obtain sewer connections.
VERBATIM TRANSCRIPTION
Mayor Futch: I would like to make a brief comment because I've
had a lot of comments regarding low income housing. The item
CM-30-316
September 8, 1975
(Tracts 3641 & 3642)
that we have in front of us is a standard subdivision map and we
have no application pending for low income housing. George,
do you want to comment on the staff report?
Mr. Musso: Just briefly, I didn't have time to put the maps up,
I didn't realize this would be so soon. The issue before the
Council is whether or not the two subdivision maps, located on the
north side of the rear portion of Wagoner Farms subdivision, should
be approved. The Planning Commission somewhat dismissed, or did
not consider the details of the subdivision map, but instead recom-
mended denial based on the issue of sewer availability. The State
Code provides that they can deny a subdivision map that does not
conform to the General Plan. The General Plan includes criteria
for availability of sewers and neither subdivision met the criteria
of availability of sewers. On the basis of that, they recommended
denial of the subdivision. For the most part the design of the
subdivision, as far as the lotting and street alignment, was satis-
factory. There were issues that were not particularly discussed
and they felt those were details that had nothing to do with the
principal issue of the sewer. I would suggest that in the event
they proceed, irregardless of the school, then you might look at
the question of the details. One of them has to do with the school
letter and the access problems.
Mayor Futch: Just for the record we do have a letter from the School
District saying that they cannot handle an extra load of children
in that area.
Mr. Musso: One subdivision is the extension of Joyce Street, a
relatively minor extension in conformance with all of our planning.
The other is the extension of the street from Geraldine and again,
pretty much in conformance with our planning and provides the begin-
nings of a second park area, but none of these things are issues as
far as the details of these subdivisions.
Mayor Futch: Are there any questions of the staff? If not, would
the applicant like to address the Council?
.- ,
Don Bissell: Thank you gentlemen, my name is Don Bissell of Bissell
and Karn, Civil Engineers representing Kay Building Company. We're
representing them in regard to these two subdivisions and as George
has indicated to you, there is little in the way of specific planning
criteria that is of issue with regard to the two subdivisions. There
was, initially, but we worked very closely with the staff and I think
virtually met all of the particular issues that the staff had raised.
The P.C. did not choose to talk about planning issues, though we
requested that they address themselves to those issues, and came
to you with the recommendation for denial, on the basis of the
sewage treatment plant capacity, that being the primary issue from
that standpoint. I was speaking with Scott Phillips of Kay Building
Company today. He had indicated to me, today, and verified, today,
that there was an agreement back in June with the School District
that they would agree to a contribution of $850 per unit, which I
think is what has been contributed in connection with other develop-
ments and that the School District would then write a favorable
letter with regard to it being sufficient to address the question
of the capacity of schools and allow for an expansion. I was told
that Bruce Jamieson was the one with whom this discussion had taken
place and that as late as December the 3rd he had promised that a
letter would be forthcoming. I came here tonight under the impres-
sion that was somewhat different than commented on here by the Council
so we assumed that that issue had been resolved.
CM-3D-3l7
September 8, 1975
(Tracts 3641 & 3642)
Don Bissell: With regard to the sewage treatment plant capacity,
we have studied the two reports that have corne to the City Council
but differ somewhat in the capacity that is available. We are
somewhat concerned with the second report because one of the major
factors is that it sets aside certain committed capacity for develop-
ments that are projected. There's nothing with regard to a time ele-
ment as to when those projected developments should, in effect, pick
up their permits, so to speak, so that if they aren't, in fact, going
ahead then there should be an allowance for other developments to be
able to take its place and fulfill some of the housing needs for Liver-
more. We are concerned also with the second report in that committed
capacity is established for certain developments and, in effect, a
contingency factor, so to speak, is set up which amounts to about
twice that that is set aside for specific committed developments,
and it is in the category of miscellaneous which, frankly, didn't
seem appropriate and, frankly, I have been unable to determine the
full justification for those miscellaneous categories. Another
factor that is taken into account is the matter of treatment capa-
city set aside for commercial and industrial. This is a common
practice with regard to, particularly, industrial uses where it
is a type of use which is an unusual type of use insofar as sewage
treatment capacity requirements are concerned but it is not neces-
sarily required to set aside specific capacity for all types of
industrial uses. If you aren't contributing at home you are con-
tributing at work, so to speak; therefore it is not necessary to
establish a capacity for all and sundry industrial and commercial
uses, so that there are, in our opinion, and I'm in the Civil
Engineering practice and have delt with sanitary districts from
the initiation of my career, we feel this is an area where there
can be capacity that can be established.
Maybe the major item is that the area we're talking about here
is a so-called clean up area. There are two parcels, in fact
there is a third one that is falling behind it, three clean up
parcels, so to speak, for the developer who has put in quite a
number of units. I really can't state a specific number - it's
several hundred. It seems to me that there are close to a thousand
units. I'm not sure about specific numbers but something in that
category and these are cleanup parcels to finalize and get those
parcels of ground off the book and into the tax roll as opposed
to lying fallow out there. It's in the City, it has been for
many years, and specifically it is within an assessment district
that was created some dozen years ago. That assessment district
formed, among other things, the improvements that included sanitary
sewer. I am sure that the contention and assumption at that time
was that there was capacity. They have been paying under this,
the capacity in sewage treatment plant facilities, to handle the
area. They have been paying into that assessment district, as
I say, for more than a dozen years, and in our opinion, constitutes
a moral and legal obligation on the part of the City to allow
the capacity in the sewage treatment plant for these final parcels
of development. I think those are the major points I wanted to
bring to your attention. I might just add there has been some
concern with regard to parks. I have heard that expressed here
at the Council meeting with regard to these two developments,
one of them does include a portion and would be the initiation
of a park adjoining a proposed school site that is in Tract 3641
and several acres are set aside in that development for park purposes.
Cm Staley: Did I understand you to say that, I'm not sure I under-
stood the point of your testimony, was that the sewage ordinance
was improperly passed because there was sewage capacity? Was that
your point?
Mr. Bissell: Mr. Staley, I believe there are any number of ways
to calculate sewage treatment plant capacity. The first item is
that there is no such thing as an absolute fixed capacity for
CM-30-318
September 8, 1975
(Tracts 3641 & 3642)
a sewage treatment plant. It is not a specific number - you could
handle lD% more than that - it's not just a S million gallon plant,
you could handle lD% more or 10% less. It's not just a fixed number
but it's being calculated on the basis of a fixed number and I am
taking issue with the manner in which the numbers were arrived at.
em Staley: Do you have any evidence or any point to make in terms
of the calculation?
Mr. Bissell: Yes, I'm ra1s1ng the contention that about 2/3 of the
number of units that were set aside as so called "committed units"
for capacity, is in the category of miscellaneous, 1/3 of which were
actually, in fact, justified on the basis of specific developments.
The remainder 2/3 are in the category of miscellaneous. I have a
copy of the report.
Cm Staley: I'm not sure what that has to do with capacity. It
seems like the original argument was that capacity was flexible,
that's one, and I'm asking you if you had any evidence to support
that position, and it seems to me like the second argument is that
we made too large an allowance in a particular category. Am I
correctly stating your arguments?
Mr. Bissell: That would be reasonably accurate - I'm not sure that
I agree in every word you've used there, to be honest.
em Staley: But I still didn't know if you had any evidence on that
point about the calculations or about the flexibility of the plant.
Mr. Bissell: I've discussed the point with Dan Lee, if that is
sufficient evidence. I'm aware of the sewage treatment plant
capacities, I've dealt with sewage treatment plants in my experience;
not every day, but certainly over an extended period of time - some
25 years in practice. I know, for a fact, that sewage treatment
plants do not have a specific capacity. They may have a specific
hydraulic capacity which can be much more substantial than the so
called treatment capacity, but a treatment capacity can be flexible;
it depends upon how the operation is. You could run it at ID% less
than the S MGD if it's a poor operation and still not have as good
a treatment as if you were running it at ID% greater capacity than
the so called 5 MGD.
em Staley: You stated my question distinctly. Have you inspected
the plant or have any engineering data to indicate that the calcula-
tions are incorrect?
Mr. Bissell: Well, sir, I was your City Engineer here in Livermore
at the time the plant was built so I have some knowledge with regard
to it - I don't have knowledge with regard to specific expansions
that have taken place since that time.
Ma~or Futch: The plant has changed, considerably, since that time
an I would also like to state that the Council was quite aware that
this might become a point of controversy. We therefore hired an
expert firm in the field to go out and do a study and Brown and
Caldwell is very notable firm in this field. The capacity of the
plant they gave us is based on their findings. Dan, I wonder if
you might comment on the reserve capacity and the allocation that
we made to the different categories?
Dan Lee: Yes, the question I think Mr. Bissell is referring to or
the number that he is questioning, has to do with the miscellaneous
lots; the number of which were established by the Planning Director.
Perhaps I should refer it to him because the numbers of lots that
have the potential for development were established by him.
CM-3D-319
September 8, 1975
(Tracts 3641 & 3642)
Mayor Futch: I think the question that was raised was that the con-
tingency factor was probably much larger than it should be and I
really don't understand this. It's really the uncertainty in the
size of the plant, which he readily admits, that makes the necessity
for a contingency factor.
Mr. Lee: Let's then talk about this and try to clear up the confu-
sion, first of all talk about the capacity of the plant. When
we talke4;abaut the capacity of the plant the Council was well aware
that it's the average dry weather flow. There are a number of units
in the plant, all of which have to be designed for this certain aver-
age dry weather flow. Some units of the plant may have a little more
capacity than the other; however, for the entire plant you have to
assign a capacity to it. This plant has been designed as a S MGD
plant, average dry weather flow. Instantaneous flows, as you know,
can be much higher than that - 30% higher and more. Nevertheless,
the plant is designed for a S MGD plant and this is one of the points
that was raised when the Council considered this earlier. You had
the independent study made, that you speak about, Mr. Mayor. The
consulting firm of Brown and Caldwell confirmed that it was a S MGD
plant and I believe that could be well substantiated.
The other issue, now, is how the reserve capacity is committed.
As you recall, there were a number of commitments that the Council
acknowledged. Some of the reserve capacity was used by tracts that
were already in the mill; others were tracts that were already filed
but the houses weren't built yet and then there was industrial develop-
ments anticipated or committed and then there were lots throughout
the town; some of them were existing lots that are not built upon,
and these were fairly large lots and referred to in the study as
miscellaneous lots. I believe that is the committed capacity that
Mr. Bissell is referring to. Those lots were counted by the Planning
Department and are lots of record. If that is what Mr. Bissell is
questioning, George would be in a position to tell you how that num-
ber was arrived at.
Mafor Futch: I really don't think it's necessary to go into a de-
ta1led description of how lots of record were accounted for.
Mr. Musso: Could I just add that we also figured in the vacancy
factor which would be in favor of a new developer. We used the
November 1964 Census as to the house count and we used the vacancy
factor, which was fairly high at that time and we've reduced it
significantly to come up with the maximum number of new units
that was decided upon.
Mayor Futch: I think the technical facts can be well substantiated
and I really don't see any need to have additional discussion on
that. We have been very careful in computing the capacity of the
plant to the best engineering ability that's available. Are there
any other comments you would like to make, sir?
Mr. Bissell: No, I thought that there might be more questions.
Anthony Varni: My narne is Anthony Varni, I'm an attorney represent-
ing the applicant. I just want to talk for a second on the question
of low cost housing.
Mayor Futch: I don't believe we had an application for low income
housing in front of us tonight. As far as I can tell it's a stan-
dard subdivision map and I really would be very reluctant to get
involved in that discussion. I see nothing in the documents that
I have in front of me that would say that this is a low income
housing development.
CM-3D-32D
September a, 1975
(Tracts 3641 & 3642)
Mr. Varni: Let me ask a question. Are you saying that you don't
want us to talk about that?
Mayor Futch: Yes. If the Council had something in writing, they
would be happy to discuss it but I think you're bringing this up
at a rather late time, without any facts in front of the Council
as far as low income housing; as far as the application goes. There
is nothing is writing.
Mr. Varni: Just so I understand, what you are saying is that you
don't want us to talk about it.
Ma~or Futch: I'm saying there is nothing in your application and
we re considering your application at the present time.
Mr. Varni: O.K., but just so we don't have any confusion, is that
the position of the Council - that we should not talk about it?
Because if it is, we won't, that's fine.
Mafor Futch: Well, I cannot speak for the rest of the Council. I
th1nk maybe the best thing would be to get a motion on the floor and
then the Council can open that discussion.
ern Miller: Mr. Mayor, may I ask a question? What's the relevance?
Mr. Varni: The relevance is that it is my understanding you're going
to allocate capacity to low cost housing and you've adopted a standard
as to what low cost housing is.
Cm Miller: Let's see - we've already had a standard about what low
cost housing is; you've seen that. The application before us has
nothing about low cost housing and was not relevant to this applica-
tion.
Mr. Varni: I don't think your standard on low cost housing says
that it has to be in our application.
Mayor Futch: What's the pleasure of the Council?
Cm Turner: That's not the application. The application is for
the two tracts, 364l and 3642, and I guess that at this time I
would MOVE THAT WE DENY THAT APPLICATION.
Cw Tirsell: I'LL SECOND.
Mayor Futch: We have a motion and a second. I think we should have
some findings to go along with that.
ern Miller: I have some.
Cw Tirsell: I have some, too.
Cm Turner: The main finding is the sewer capacity allocations.
There is no allocation for that type of residential.
Cw Tirsell: Dale, I was wondering if we might use the P.C. findings
and then add to those.
ern Staley: It seems to me that if what Mr. Varni is going to say
about low cost housing relates to our motion for denial, which is
that we allow an exemption in our sewer capacity for low cost and
moderate cost housing, that perhaps we ought to hear what he's got
to say. That's my opinion. The motion is to deny.
CM-3D-321
September 8, 1975
(Tracts 3641 & 3642)
Mayor Futch: There is a motion and a second and findings, and we'll
open it up for discussion. We have a motion to deny, based on the
findings of the P.C., plus some additional ones which you would like
to add.
Cw Tirsell: I have some.
Mayor Futch: Would you go first?
Cw Tirsell: I would include the five findings from the P.C. with a
sixth (6) finding that these tracts are an extension of a leap frog
development and further increase the environmental and social
problems inherent in such development.
A number (7) finding is that the circulation pattern of this area
is inadequate at this time to handle additional traffic. Problems
of access for residents, police, and fire emergency vehicles would
be further aggrivated by acceptance of this tract.
P.C. Findings: I. That Resolution No. SS-7S adopted by the City
Council on April 7, 1975, states that the policy of the City Council
of the City of Livermore shall be to allocate estimated remaining
average dry weather flow capacity of the City of Livermore water
reclamation plant to industrial and commercial uses only, except
that ten percent (10%) shall be located to low cost housing.
2. That the proposed map is not consistent with the arnended City
of Livermore General Plan.
3. That the design and improvement of the proposed subdivision is
not consistent with the amended City of Livermore General Plan be-
cause of conflice with City Council Resolution No. SS-7S.
4. That although the site is physically suitable for the type and
proposed density of development, the proposed design and improve-
ments are likely to cause substantial environmental damage and sub-
stantially and avoidably injure fish or wildlife or their habitate
because of conflict with City Council Resolution No. 5S-7S.
S. That the design and type of improvements is likely to cause
serious public health problems because of conflict with City Council
Resolution No. SS-7S.
Mayor Futch: Do you have anything to add? (To Cm Miller)
Cm Miller: Yes - I think we have already added the findings made
by the P.C., there are Helen's findings, there is no school letter
before us that says there is classroom space. I know that they
say there is one coming but this was the night of decision and
if it isn't here, it isn't here.
Mr. Musso: We have a school letter.
Cw Tirsell: It says there isn't any.
em Miller: But the letter that says there is space available -
Mr. Musso: It says the opposite.
Cm Miller: Yes, it says there is not. It has been alleged that
there is such a letter or that there-should be such a letter but
unfortunately it is not here. This is the night of the decision.
Mr. M~so: Would you like that letter read into the records? The
one we do have - the findings.
CM-30-322
September 8, 1975
(TEacts 364l & 3642)
Cm Miller: When we finish, I think maybe. Finally, the development
will lead to more vehicle miles traveled that will lead to more smog,
a decrease in valley air quality, and this will mean an increase to
the already existing hazard to health from substantially worse air
quality than existing federal standards.
I would like the record to say something a little more specifically:
(l) That this tract conflicts with use of our sewer capacity to
balance the community - this is Resolution No. 55-75. (2) It
conflicts with the timing and availability of public facilities
portion of the General Plan as concerns schools, in particular, as
well as clean air. (3) It will worsen air quality as indicated on
Page 9. of the Environmental Impact Statement; and (4) the cumulative
effects of subdivisions have a serious adverse affect and we must
therefore deny this by the provisions of 66474 (e) and (f) of the
Subdivision Map Act.
Cw Tirsell: I have no objection to hearing Mr. Varni if he has
something he wants to add as far as low income, but I don't intend
to discuss the subject unless there is a point raised for information.
Mayor Futch: Don, (Cm Miller) I agree that any additional housing
would probably contribute to the air quality by worsening it. I'm
a little concerned about that finding, though, because the next
logical step is that we're not going to approve any additional homes
in the valley and I know that's your position but I'm not really sure
I'm ready to take that position yet and I don't think that we need
that air quality finding in here in order to take the action.
Cm Miller: As you know, I agreed and have agreed to the low income
housing portion of the reservation for sewer, which implies that
given the appropriate overriding social impact that this would be
a reasonable expansion of housing. But this particular case doesn't
show any of that in any way, form, shape, or size, and consequently
I think the argument is not unreasonable.
Mayor Futch: Well, the conflict that I see, brewing probably, is
that the Citizens Committee have recommended a growth rate of between
one and two percent. I'm afraid we would be setting a precedent with-
out really a formal discussion as to whether that's the intent of the
Council - not to have any more housing or not. I just don't think
it's necessary to have that finding.
ern Miller: Well, why don't we put my suggestions as the form of an
amendment and if you want to amend that out it's okay with me. I
wouldn't want it out but I can understand.
Mayor Futch: Would you like to make a separate amendment then?
Cm Miller: Well, if all the rest is acceptable, with the exception
of that one thing then I'll formalize that one thing as a separate
amendment and the Council can second or not second, or vote for it
or not vote for it. Is that what you'd like?
Mayor Futch: Yes. I would like that as a separate amendment because
I think we really ought to discuss that issue in greater depth.
Cm Miller: I presume nobody objects to any of the other items?
Mayor Futch: No.
ern Miller: I BELIEVE THAT ONE OF THE REASONS FOR DENIAL OF THE
DEVELOPMENT IS IT WILL LEAD TO MORE VEHICLE MILES TRAVELED, MORE
SMOG, A DECREASE IN VALLEY AIR QUALITY WHICH INCREASES THE ALREADY
EXISTING HAZARD TO HEALTH FROM SUBSTANTIALLY WORSE AIR QUALITY THAN
THE FEDERAL STANDARDS AND WILL WORSEN ~RB AIR QUALITY AS INDICATED
CM-3D-323
September 8, 1975
(Tracts 3641 & 3642)
ON PAGE 9 OF THE EIR. THAT I WOULD LIKE TO HAVE AS ONE OF THE
FINDINGS AND I'M MAKING THAT AS A MOTION.
Mayor Futch: You're not making that as a -
Cm Miller: I'm making that part of it in a motion so if there's
no second, then it's out.
Mayor Futch: That's an amendment then to the main motion. Is
there a second to the amendment?
Cw Tirsell: I agree with a lot of what you say, Don, but I don't
think it's necessary in this application to add that since we haven't
had a formal Council position on it.
MOTION DIED FOR LACK OF A SECOND.
Mayor Futch: We now have the main motion.
Cm Staley: Archer, I would still like to hear from Mr. Varni on
that point.
Mayor Futch: Yes, I was just getting ready to ask Mr. Varni,
would you like to now comment?
Mr. Varni: I don't want to seem arbitrary but I don't want to
comment at this time. You have already made a motion and second
why don't you just vote on it?
Mayor Futch: The purpose of having the motion is so you know what
to address your comments for.
Mr. Varni: I don't agree with the procedure and I'd just rather
have you vote on it,
Cm Staley: Is Mr. Varni's position that he has nothing to say on
our positions on motion?
Mr. Varni: No, I'm just saying that you, in effect, have closed the
public hearing.
Cw Tirsell: No.
Ma~or Futch:
pu lic, sir.
No.
We haven't even heard from any member of the
Mr. Varni: I don't know why you've made a motion and second.
Mayor Futch: That's the usual procedure - to have a motion first.
That's the normal parliamentary procedure.
Mr. Varni: Well you have just closed the public hearing.
Mayor Futch: This is not a public hearing. If you will look on
the agenda there are certain items on which there are public
hearings then there are other items on which there are not public
hearings although we always give the applicant an opportunity to
comment and we also give any member of the audience an opportunity
to comment. It is not a formal public hearing, however. We have
not closed it.
Mr. Varni: In light of the criteria adopted in your motion I don't
choose to comment at this time.
Mayor Futch: Okay, thank you.
CM-30-324
September 8, 1975
(Tracts 3641 & 3642)
Cm Staley: I'd like to make an amendment to the motion. THAT THERE
IS NO EVIDENCE BEFORE US, THAT THIS IS AN APPLICATION SUITABLE TO
QUALIFY FOR EXEMPTION, UNDER OUR ORDINANCE, BY EITHER A LOW OR MODERATE
INCOME HOUSING APPLICATION.
Cw Tirsell: I'LL SECOND THAT.
Ba~e~a~a~eh:What I've said is that I'd like to make another finding
an that finding is that there is nothing before us, in terms of
the application, or any testimoney, to allow us to make any findings
that this is an application for a low or moderate income housing
project so as to qualify for some of the contingent sewer capacity.
Mayor Futch: We have a motion and a second. Any discussion of the
amendment?
Mr. Musso: Did we acknowledge this letter from the School District
on this school issue?
Mayor Futch: Yes. We have a copy of the letter in our agenda from
the School District stating that they had no additional capacity.
Mr. Varni: May I have the date of that letter?
Mayor Futch: May the 16th, 1975. We have not received an additional
letter since then. Does anyone in the audience want to comment on
the amendment now?
Cm Staley:
Well they are all amendments with additional findings.
Ma~or Futch:
Jo n.
I thought you stated this in the form of an amendment,
Cm Miller:
It is an amendment which makes the additional finding.
Mayor Futch:
Formally, though, we should have a vote on it.
em Staley:
As we should on all the amendments.
Mayor Futch:
That was made as a separate amendment.
Cm Staley: That was made after I wanted to hear if there was any
evidence of the point. There wasn't any evidence to the point
and I should think you could make the findings.
Mayor Futch: Would the maker of the original motion (Turner) agree
that that would be one of the findings?
Cm Turner nodded.
Cw Tirsell: I will, I seconded it.
Mayor Futch: That's now part of the main motion.
Audience Member: I had something I wanted to say to that amendment
thing; there's an awful lot of us down here tonight because of this
one particular issue - this low housing thing and I'm just curious
as to how it crept in here that we had to make a resolution on it
to creep it out in the second place. If we're not talking about
low income housing why do we even need a resolution here in the
first place?
Mayor Futch: What we have in front of us are two subdivision tract
maps.
CM-30-325
September 8, 1975
(Tracts 3641 & 3642)
Audience Member:
I'm aware of that.
~or Futch: There is nothing that has been written that states any-
tlilng about low income housing. As far as we know the applicant has
made no specific proposal with regard to low income housing.
Audience Member: And that isn't going to be handled separately
in another place, later on tonight or tomorrow morning?
Mayor Futch: Not that we know of.
Audience Member: Okay, that's fine.
Ma~or Futch: It won't be with my knowledge. Would anyone in the
au ience care to comment on the main motion?
Ben Hastings: I live at 5460 Cleo Court, Livermore, in the vicinity
of the mentioned maps. I'm not an expert on sewage. I'd like to
remind the City Council that approximately a year ago the question
of permits for Livermore Gardens was approved. The Council, at that
time, expressed sympathy for the homeowners over our overcrowded
schools, traffic conditions, undergrounding the electricity that
was ignored, and some other numbers, but stated that what was happen-
ing was not the Council's fault but was an error - a loophole- or
something that had been decided by a previous Council. Tonight there
are people here. Mrs. Tirsell stated that we've all had a good lesson
in government, intimating that the homeowners should not have waited
so long to initiate action or dissention; that we should be active
and stay on top of what goes on in our neibhborhood. Tonight we are
here. I'm here to urge the City Council to not approve the maps until
such time as problems of school classrooms, water pressure, sewage,
traffic conditions are settled. I also would ask the City Council,
that as the gentlemen that preceded me said, this is not going to come
up later on or tomorrow morning on the low income housing. That if
this is raised that our group out there be given adequate time to
prepare our defense, like we did this time, if our defense is being
considered as part of the refusal. Thank you.
Mayor Futch: I would like to request that the audience please re-
frain from any indication of approval or disapproval and please
speak to the motion which is before us.
John Wysite: I reside at 781 Geraldine, which is also in the vicinity
of these proposed developments. It seems that we came down here to
defend what is now a nonexistent opponent but in light of the two
previous comments concerning perhaps a new proposal sometime in the
future, to avoid the issue of sewage capacity by proposing low income
housing, I would like to present to the City at this time some 750
signed letters of objection to any additional building in this vicin-
ity until the problems of water pressure, overcrowded schools and
overcrowded streets are taken care of and there is also a discussion
in here of our concerns about low income housing in this area, should
that become an issue in the future.
Mayor Futch: I'd just like to reassure everyone in the audience
that if another application comes up or if this one is renewed
it will have to go through the full procedure. Go through the
P.C. first and it will have to advertise it and I think everyone
will be well aware of it many, many weeks and months in advance.
Mr. Wysite: The only point is, it's much easier for a representative
of one company to come down and present a proposal, than it is for
citizens to get out on the weekend and collect signatures and do a
lot of hard work on their own time. I don't think we need to do
this time and again as proposals are altered slightly to fit into
CM-30-326
September 8, 1975
(Tracts 3641 & 3642)
one City ordinance, or another. That's the point with which we're
concerned. I just want to give you these letters now and I think
there's no further need for our statement. Mrs. Tirsell has taken
care of what we wanted to say at this time.
Mayor Futch: Thank you, sir. Anyone else in the audience want to
comment?
Gordon Smith: 5262 Irene Way. I, also in agreement with the pre-
vious speakers, would like to recommend to the City Council that
they reject the planning map, as presented. I think what you're
hearing is the concerns of people for future action as well and
so my question is, how long is the building permit and the PUD
that exists out there going to continue? I speak to this because
I have been living there quite awhile. I know the PUD originally
was issue in 1962 for a five year period to 1967, was then granted
an extension 1~-2 years and its been going on since that time. I
think that's the real issue now. Can the citizens get some date
now that this PUD will continue into effect and what is the final?
Mr. Musso: If this application or request is denied, any new
request is again a first step. There's no PUD, there's no building
permits - nothing.
Mr. Smith: Then what is the zoning? Shouldn't it revert back to
what it was - agricultural?
Mr. Musso: It is zoned residential.
Mr. Smith: If there is no PUD how can it have a zoning?
Mayor Futch: You can have a residential zoning without a PUD.
In fact, it is rather unusual to have a PUD. The zoning is just
what the City thinks the land has a potential for sometime in the
future. We're in the process of reviewing all residential zoning,
in fact, all zoning of any nature within the City, as part of the
General Plan review. It will have to be consistent with the General
Plan which we're in the process of adopting.
Mayor Futch: Dale?
Cm Turner: You might explain to the audience, who don't know what
a PUD really is.
Mayor Futch: A PUD is a planned unit development permit and it's
a permit that allows a developer to come in and and to make requests
for a development that is somewhat different than standard subdivi-
sion development. The Council then looks over the permit and decides
whether it is desirable or not. In the past it has worked to the ad-
vantage, maybe, of the developer. We really haven't had a PUD permit
in quite a few years now.
Would you care to comment? (To member of audience)
Amanda Foster: Yes, I would, thank you. My name is Amanda Foster,
I live at 5296 Theresa Way and I would like the Council to clarify.
There have been two specific comments which use the words, "there
are no words in the application which read low cost housing". Would
you specify, if you can, to us. Even though those words do not
appear, do they, within their price range, within their structure,
within their construction, fall very naturally into a low cost hous-
ing unit?
Mayor Futch: That's a very difficult question to answer but just
judging from standard construction of subdivision in recent years
it would appear, at least to me and probably to the rest of the
Council, that the standard subdivision like that would not really
provide low income housing of the type that the Council has been
desirous of having.
CM-30-327
September 8, 1975
(Tracts 3641 & 3642)
I think we are getting a little off of the motion that's in front
of us. I would like to ask one more time if anyone in the audience
would like to comment before we have the motion.
Budd Steers: 5172 Theresa Way. I am also the Vice President of
the Rhonewood Park Homeowners Association and I do function in that
capacity. There are 339 homeowners out there, within the confines
of the Homeowners Association, and they are very concerned about
any type of housing that goes out there. I don't believe we are
opposed to building houses for people to live in but what people
are opposed to is the problems that have been delineated and out-
lined and spoken so many times this evening. The traffic, the
sewage, the water pressure and the overcrowding of the schools.
The only other point that I would like to make is that although
the proposed builder might come forward with all sorts of glowing
accolades of what he desires to do with parks and one thing and
another, it has been our experience with this builder that he is
not one to do more than is absolutely necessary, and not even
that. He doesn't even live up to his commitments. If we had
some way to bring him into performance of his already committed
- the things he has already promised to do, he would be spending
a lot of additional time out there. I think this is one of the
reasons why the people are here. In addition, too, I would like
to even go on record as being in oposition to Kay Building Homes
out there. We live in Kay homes, so we know. That's the last
statement that I have. I think there are a lot of people that
are in oposition to Kay as a builder - maybe another builder might
be more desirable than that particular one. Thank you.
Mayor Futch: Anyone else in the audience?
Cm Miller: At the begnning of this discussion it seems to me
that low income housing was not a subject of the application.
Nonetheless, I think I would like to hear Mr. Varni's words on
it.
Mayor Futch: He did not care to speak.
Cm Miller: But I'm specifically inviting him to speak. If he
doesn't want to, he doesn't have to.
Mr. Varni: I think I've already made my position pretty clear
on that. I don't want to speak on it at this time.
Mayor Futch: Alright, we have a motion and a second. Any other
discussion from the Council? If not, all in favor say, "aye".
MOTION PASSED BY UNANIMOUS VOTE.
Cm Miller: Mr. Mayor, that was for the amendment. We still have
the main motion.
Mayor Futch: No, all the amendments were made into one, and will
be outlined in the following resolution:
RESOLUTION NO. 196-75
A RESOLUTION DENYING TENTATIVE SUBDIVISION MAPS TRACT
NOS. 3641 & 3642
Mayor Futch: I would like to thank the members of the audience for
attending, and the applicant.
RECESS
Mayor Futch called for a brief recess after which the Council
meeting resumed with all members of the Council present.
CM-30-328
September 8, 1975
MATTERS INITIATED
BY THE STAFF
(E. Stanley Blvd.)
Mr. Lee stated that the Council raised a question concerning the
County's plan for the improvement of East Stanley Boulevard between
Isabel and Pleasanton. He has checked on this and finds that they
do have plans for improvement widening of East Stanley Boulevard in
1976. This includes the bike path as well as the widening. March
was the date given for commencing.
It was noted that a bike path has been provided on the south side
of Stanley and that when the street is widened there will also be
a path on the north side of this street.
(Executive Session)
Mr. Parness requested that the Council meet in an executive session
immediately after the meeting to discuss property litigation.
(Annual Barbeque)
Mr. Parness asked if the Council would be interested in sponsoring
the annual Livermore/Pleasanton barbeque. It was noted that it is
Livermore's turn.
CW TIRSELL MOVED TO DIRECT THE CITY MANAGER TO SELECT A DATE
FOR THE BARBE QUE AS WELL AS TO TAKE CARE OF ALL THE NECESSARY
ARRANGEMENTS. MOTION WAS SECONDED BY CM TURNER AND PASSED UNANIMOUSLY.
MATTERS INITIATED
BY THE COUNCIL
(El Charro Road)
Cm Miller stated that he has been reading in the newspaper about
El Charro Road and it seems that we should be in support of the
City of Pleasanton and their stand to get this road built. They
are the City that takes the "guff" of the gravel trucks driving on
their streets. El Charro Road should be put through and not used
just as a private road for two of the gravel companies.
CM MILLER MOVED TO DIRECT THE STAFF TO DRAW UP AN APPROPRIATE
RESOLUTION, SECONDED BY CW TIRSELL AND PASSED BY UNANIMOUS VOTE.
(VMH Hospital)
Cm Miller noticed that he read in the newspaper that the Hospital
Board has gone into secret meetings with the Comprehensive Health
Council. He stated that i~ seems this should be illegal from the
,~) ~tandpoint of ~~.~?~!e~~9sive Health Counci~ but they ~re ~oi~g
r\'~~!'''JJ)l.t anywa~. Whl.l~~Ji~tSt' exactly a publl.c cor,?oratl.on l.t l.S
~~~ the publl.c who pays the hl.gher rates they are chargl.ng for the
~~ move to a larger hospital that there will never be a population to
serve. He would suggest that if our representatives have not already
been to the Comprehensive Health Council, they should go fairly soon
and see if they can find out more about these secret meetings. Also
we should ask the Hospital Board to reflect on the wisdom of holding
secret meetings.
Mayor Futch stated that because a quarum was not present it should
not necessarily be characterized as a secret meeting.
CM-30-329
September 8, 1975
(VMH Hospi tal)
Cw Tirsell stated that in the strict letter of the law they are
not required to have their meetings in the open but she believes
that any body serving the public should do the business of the
public, in public.
Mayor Futch stated that he doesn't disagree with Cw Tirsell and
Cm Miller but would not want to imply they had been involved in
a technical violation.
Cm Miller stated that he didn't say that there was a technical
violation involved. They have a right to meet in secret but he
believes it is unwise for a quasi-public organization to meet
in secret and that we should indicate such.
Cw Tirsell and Cm Turner will speak with the Board and Administra-
tion at VMH and report back to the Council concerning this item.
(City Protocol)
Cm staley stated that the City Manager was looking into the
possibility of some type of gift to present visitors and some
type of City protocol for visitors and wondered what is happen-
ing.
Mr. Parness indicated that he has to speak with Cm Turner con-
cerning an appropriate gift and will be reporting back to the
Council.
(Quezaltenango
Anniversary)
While Cm Staley was visiting Quezaltenango he learned that they
will be celebrating Quezaltenango's l50th anniversary in October
and he feels it would be appropriate for Livermore to plan some-
thing in honor of this celebration.
(Downtown Parking)
Several merchants have complained to Cm Staley about the down-
town parking in terms of non-enforcement of the parking regula-
tions for a one hour parking limit on the streets. He stated
that the problem has been taken care of but there is dissention
among the merchants as to the time limit that should be allowed.
He stated that he believes if parking regulations are on the
books they should be enforced the way they are written. If
special parking zones need to be created, perhaps this could
be done.
(Council position re
BART Services to COVAl
cw Tirsell asked if she could submit the Council's position
concerning the potential cut in BART bus services, to COVA
for a consolidated opinion.
The Council concurred.
(Coordinating Lights)
Cw Tirsell asked Mr. Lee if the City could talk to the people
from the State Highway Department about coordinating the traffic
signals from Murrieta to the "P" Street intersection. At present,
a driver must stop twice and she has received complaints.
CM-30-330
September 8, 1975
(First Street Signals)
Mr. Lee explained that the lights on First Street are timed for
rapid movement through the City, but Stanley is not included be-
cause it goes off First Street. If someone goes either east or west
traveling on First Street they can go through all the lights on First
Street without stopping. They are timed to allow people to travel
from 23-25 mph without stopping along First Street out Holmes Street.
(List of Requests for
Withdrawal from Sphere
of Influence Area)
Cw Tirsell asked Mr. Parness if the City could obtain a list of names
of those people who have requested that they be allowed to withdraw
from Livermore's Sphere of Influence at the LAFCO meeting.
Cw Tirsell stated that LAFCO will be discussing this item again in
November and she feels it would be beneficial to know what properties
are making the request and what action, if any, these people have
requested of the City of Livermore. She stated that she also believes
it would be worthwhile to determine the total number of commercial
acreages involved.
(Sphere of Influence)
Mayor Futch stated that Senator Knox has been reviewing LAFCO's
possible modification to our Sphere of Influence and it might be
advisable for the City to speak with him.
Cm Miller felt it would be an excellent idea to get in touch with
Senator Knox.
The City Attorney indicated that this was uncovered some time ago
but in view of the fact LAFCO has a different attitude towards
Livermore's Sphere of Influence, it was felt that the City really
shouldn't press the issue at this time. If the City Council has
any questions at any time concerning any of the City's law suits
he would suggest that the Councilmembers feel free to contact his
office.
(Legislation re Trucks)
Mayor Futch stated that there is a legislative bill concerning the
weight of trucks and would suggest the Council oppose any increase
in the weight of trucks because the trucks damage our streets.
MAYOR FUTCH MOVED TO ASK THE STAFF TO PREPARE A RESOLUTION OPPOSING
ALLOWANCE OF HEAVIER TRUCKS. MOTION SECONDED BY CM MILLER AND PASSED
UNANIMOUSLY.
Cm Turner noted that the Council was not supposed to act on anything
not scheduled on the agenda but it was noted that this bill was
going to the governor and there was a time limit involved.
IT WAS NOTED THAT THE COUNCIL WILL ADJOURN TO WEDNESDAY, SEPTEMBER 10,
TO REVIEW DATA RELATIVE TO THIS ITEM.
(SB 502)
(i'l)?
St.cp~ ~ '
SEOp'A and
Mayor Futch asked for information re SB 502 concerning
possibly the Council can act on this bill.
CM-30-33l
September 8, 1975
COMMUNICATION RE TRI-
VALLEY REC. CENTER
A letter signed by Susan M. Singleton and James M. Zumstein was
submitted to the Council with the request that the Council endorse
the concept of a recreational center for the young and old. It
was suggested that the former Volkswagon Distribution Plant be
converted to an arcade, recreational center, indoor tennis center,
and musical fine arts center.
CM TURNER MOVED THAT THE ITEM BE NOTED FOR FILING, SECONDED BY
CW TIRSELL.
Cm Miller stated that he felt the suggestion was very good.
Cm Staley explained that there has already been a private appli-
cation for use of the building they have suggested.
Cm Turner stated that perhaps the City could obtain information
concerning the status of the application and if it wasn't approved
perhaps the people who wrote to the Council could furnish informa-
tion as to what the cost would be for a tri-valley center such as
the one suggested.
CM ~BRER WITHDREW THE MOTION AND THE SECOND WAS WITHDRAWN.
CM TIRSELL MOVED THAT THE STAFF REFER THIS MATTER TO LARPD,
SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE.
COMMUNICATION RE
SOLID WASTE MANAGEMENT
A letter was received from the Alameda County Planning Department
concerning the Solid Waste Management Plan for Alameda County (draft).
Cm Miller stated that he is one of the Mayors Conference appoint-
ments to the Alameda County Solid Waste Management Advisory Com-
mittee and it is the intent of the Advisory Committee to ask
that all cities hold public hearings on this plan so that when
the input goes back to the County Planning Commission there will
have been some public discussion of it.
CM MILLER MOVED THAT THE CITY SCHEDULE A HEARING FOR SEPTEMBER 22,
1975, SECONDED BY CW TIRSELL.
Cm Miller stated that this normally dry subject has picked up
some color due to the conflict between Oakland Scavenger and
others who would like to have publicly owned transfer stations,
sanitary land fills, etc. At this time it is not clear what
the Advisory Committee will ultimately decide but the issue
should be very interesting. One thing that was discussed is
the fact that the Joint Refuse Rate Study is proposing that
Oakland Scavenger get a 25 year contract - 15 years with an
option on either side (cities or Oakland Scavenger) to renew.
Cm Miller stated that he is concerned with the 25 year contract
proposal because the Solid Waste Management Plan has things that
should be re-examined on a shorter time scale. There should be
a five year review in 1980 about which should be public and which
should be private. It may be determined in 1980 that Oakland
Scavenger should do it but there should be sufficient time allowed
and the option available to examine all these issues. He stated
that there are underlying issues of public jurisdiction vs. private
scavengers and it is really very interesting. He urged that every-
body read the policy portion of the report because this subject is
very important although it may appear to be boring.
CM-30-332
September 8, 1975
(Solid Waste Management)
Cw Tirsell stated that she has been concerned about this matter
since Oakland Scavenger obtained the site in the Altamont. If
you look at the capacity of that site and the amount of money they're
spending to buy it, that is the Alameda County Solid Waste Disposal
Plan. Our ability to require retrieving of metal is going to have
to be built in very strongly because the hole is already there and
they will have the rolling stock to serve it and the site is a 30
year site. The capacity is in the site right now for the whole plan.
Cw Tirsell stated that an excellent article appears in the magazine
the Councilmembers received in their agenda packet this week and she
believes it is necessary to find out what is happening elsewhere
along with what is happening in our area. Also the Bay Area League
of Women Voters have a strong position on Solid Waste Management and
other organizations with positions on this subject should be encour-
aged to participate in the public hearings.
MOTION PASSED BY UNANIMOUS VOTE.
COMMUNICATION RE BART
A letter was received from the City of Antioch, vigorously opposing
any reduction or elimination of BART bus service to their City as
well as to Livermore and Pleasanton areas. They feel that until
rail service is available, BART is committed to provide bus express
service and was the reason the citizens of East Contra Costa County
voted to support the system.
Cm Staley suggested that the City of Antioch be sent a letter indicat-
ing that Livermore supports their letter, along with copies of the
letter we have sent to the BART Board.
It was noted that we have already written to Antioch with a copy of
our letter.
Cm Staley suggested that the City of Livermore work with Antioch
in coordinating testimony for preserving the bus route, with which
the Council concurred.
COMMUNICATION RE AMEND.
TO POSTAL REORGANIZATION
A letter was received from Congressman Stark indicating that the
Mineta amendment to the Postal Reorganization Act which grants
communities the option to choose between curbside or door delivery
has his strong and active support.
ON MOTION OF CW TIRSELL, SECONDED BY CM STALEY AND BY UNANIMOUS
VOTE, THE STAFF WAS DIRECTED TO WRITE A LETTER OF THANKS TO
CONGRESSMAN STARK.
COMMUNICATION RE
REVENUE SHARING PROPOSAL
A resolution from the City of Belmont concerning the League's
revenue sharing proposal was submitted to the Council.
It was noted that the City Council has already voiced support of
this type of legislation and the item was noted for filing.
CM-30-333
September 8, 1975
COMMUNICATION RE HR 8170
A letter was received from Congressman Mollohan of West Virginia,
asking for support of HR 8170, a bill which he has introduced,
concerning Revenue Sharing funds.
The Council agreed, unanimously, that the bill appears to be
very good and Cw Tirsell suggested that the City write to him
expressing their strong support.
Mr. Parness commented that on the surface the bill appears to
have some benefits to our City but the staff is looking into
what the effects might be with respect to finances. At present
it has not been determined as to whether or not the bill would
be totally beneficial. The staff will be reporting back to
the Council on this item as soon as possible.
NOTICE OF BAY AREA AIR
QUALITY MAINTENANCE PLAN-
NING POLICY TASK FORCE
Notice has been received from the Air Resources Board of a
meeting to take place on September 10, 1975, at 9:30 a.m.
at the State Building, Room l157, 316 McAllister, San Francisco.
The San Francisco Bay Area Air Quality Maintenance Planning Policy
Task Force will discuss composition for San Francisco Bay Area Air
Quality Maintenance Planning (AQMP) and its process.
Cw Tirsell wondered if one member of the Council should attend
this meeting.
It was noted that someone from the Council would attend, if
possible.
COMMUNICATION RE BART
RATES AND CHARGES
A report was received from Robert S. Allen, concerning rates and
charges for BART, and was noted for filing.
Cm Miller suggested that Mr. Allen be sent a letter thanking him
for presenting Livermore's point of view to the BART Board. He
added that Mr. Allen has presented our views, quite faithfully,
dispite the fact that there are times when his personal views
differ from the City's. Cm Miller stated that he appreciates
this quality and feels Mr. Allen should be thanked.
The Council concurred.
REPORT RE DEPARTMENT
OF COMMUNITY DEVELOPMENT
The City Manager reported that at the preliminary budget session
the City Council directed the staff to present material concern-
ing the formation of a Community Development Department.
Cm Staley stated that one of the things he believes should be
included in the proposal that he did not see, is that the
City also needs a central contact person for people who live
in the City and need building plan approval, etc.; not just
developers. He indicated that he has received complaints about
being told one thing at the Planning Department and another
thing at the Public Works Department. A person should not have
to go to three or four different departments in order to build
something.
CM-30-334
September 8, 1975
(Commun. Develop. Dept.)
Cw Tirsell stated that she favors anything that could be done to
improve the public's contact with the staff; however, she feels
that this particular person should not be the mediator for the
various departments.
Cm Staley stated that he did not intend for this person to be the
mediator but would like this department to be the source of infor-
mation for a particular citizen. Since the department would be
marshalling this type of information for developers of residential
housing or industrial/commercial development, it would seem that
this would be the appropriate place for contact with the citizens.
Cw Tirsell stated that Mr. Musso has indicated that this type of
information to the public consumes about 40% of his time and if
an administrator will be given this responsibility in addition to
what is intended, more people would have to be hired for this
department.
Cm Staley stated that it is his understanding the new department
will have a staff with the Building Inspection and Planning Depart-
ment under this new department and he felt there could be a central
person designated for information to the public and it should be
under this Community Development Department. He added that communica-
tion problems with the public will always exist as long as there
are three or four departments involved for information on a particu-
lar ordinance or subject.
Cw Tirsell stated that she would not be willing to add this as
a job assignment.
em Miller stated that he believes he has a different feeling about
this issue than the majority of the Council. After careful considera-
tion he has come to the conclusion that such a person is too expensive
for the results that the City could reasonably expect. The question
is, "can there be a return adequate enough to justify a budget of
$30,000/year in a tight year?". There is also the question of the
job description and what he reads into it is that the mediator be-
tween the public and the staff is really a mediator between the
public and the Council. It appears that someone who would deal
with the regulations is going to weaken the Council's fair share
principles and fair share regulations. He feels that the creation
of this department would result in a "developer oriented man inside
City Hall", whether it be for residential or commercial/industrial
development. The job description calls for someone to smooth, at
all costs, the way to getting something done and one of the ways
to do this is to "chew up" our regulations along fair share principles.
For these reason., the format of doing it in this way bothers him,
he will oppose a City of Livermore and Director of Community Develop-
ment. ))~~J>
Cm Miller stated that what Eih:"~~Jld like to see would be a Valley-wide
Community Development Directo~ with the addition that we work out
something such as was dO~/the Minneapolis area with a 60-40% share.
The recipient City would the 60% and the 40% would be divided
among the other entities. This way the valley would be working on
a common goal rather than having the destructive competition that
has occurred in the past, and joint powers agreements could be
entered into.
Cm Turner stated that he has favored this position since before
he was elected a year ago and it would appear there are three
options: I) have our own department; 2) have a valley-wide depart-
ment on a shared basis; or 3) have none.
CM-30-335
September 8, 1975
(Commun. Develop. Dept.)
The primary function of the job would be industrial and commer-
cial promotion but he feels that this person could become bogged
down in day-to-day routine that could take the person away from
the focal point of achieving industrial/commercial development
for the City of Livermore. He would suggest that if the Council
decides to have a Director for this purpose that it be done on
a contract basis whereas certain results have to be attained
within a period of two years - perhaps have a contract for two
years - and if there are no tangible results during this time
the department could possibly be eliminated. He stated that he
would also question whether an $8,000 expense for additional
clerical help and expenses is really an accurate figure. If
the Council isn't careful this department cuuld mushroom into
4, 5, 6, or 8 people, and he is somewhat concerned about this
possibility.
em Turner added that he has some concerns but feels this depart-
ment is important to the City of Livermore, and something we need,
but how it would work and how we implement it is very important.
Mayor Futch stated that he believes all the valley communities
would never get together and agree on something like this.
Cw Tirsell stated that she also shares the concerns mentioned
by Cm Miller. The ordinances have been hard to get adopted
and the regulations are strong, She can invision a staff per-
son who would sellout part of the ordinances in order to get
what the City is asking for. However, this is one of the duties
of the Council - to see that the regulations are met - and the
Council doesn't see any commercial applications because there
isn't anyone with the time to look for applicants. It is very
difficult to attract industry because people will not tell you,
until after they have located, what attracted them to an area.
She stated that what she has in mind is a real community develop-
ment person. There are grants available to the cities all the
time and it is very difficult for Mr. Parness to keep abreast of
the status of all the various grants the City is involved in. If
we could ease the burden on some of the departments and someone
could spend part of the time in the field running down leads and
pursuing some of his own leads, she feels they don't have to pay
for their position. In her opinion, every application they
manage to bring before the City is one more than we have going
for us right now. There is never a good time to hire a staff.
Money is tight and there is never a good time and it is hard
to always justify things. She stated that she would really like
to see the City take a new turn in government. This is a big
town and we need to do big things to balance it. We talk all
the time about wanting industry but Mr Parness can't spend three
days out of five looking for interested people, and we don't
have a single staff person who could do it because they are
too busy.
Cw Tirsell suggested hiring a person who can at least look for
us and if they get some applications it is up to the Council to
determine if they will come in and it is up to the Council to
uphold the ordinances. She feels this is an~~~tunity the City
can't afford not to take. We are not a small~anymore and
we need coordination and somebody out looking for industry because
it doesn't come to your door step.
em Turner stated that he would agree there shoul be someone
hired to concentrate strictly on commercial/industrial develop-
ment.
CM-30-336
September 8, 1975
~-
. \
(Commun. Develop. Dept.)
Mayor Futch stated that he intends to support the proposal for
a new department because this is an indication that the City is
going to take this as a serious goal and that we will try to
obtain industry and commerce. It is quite a commitment in view
of the small amount of City reserves available and he would hope
that this is appreciated.
Cm Staley commented that he likes the suggestion made by Cm Miller
to contact the valley-wide communities and would urge that the City
proceed wihh this plan but at the same time inquire of the other
communities to see if they would be interested in entering into a
joint powers agreement to hire someone with the understanding that
the revenue would be divided on some type of fair basis.
Cm Staley added that he believes this plan would help to relieve
a major staff problem of too much work with too few people and it
does make very clear our commitment to community development,
particularly industrial and commercial development. With respect
to the comment made by Cm Miller that this would create a person
who is "developer oriented", he is not sure that this, in itself,
is bad. The final responsibility for determining how the resources
of the City will be used, lies with the Council, not the staff. He
stated that there is nothing unreasonable about having a staff member
that is attempting to find good development for the City. It is true
that there is good development and bad development and it is the
Council's responsibility to make that decision.
CW TIRSELL MOVED TO DIRECT THE CITY MANAGER TO PROCEED WITH THE
PREPARATION OF THE NECESSARY RECRUITMENT MATERAL WITH A RESOLU-
TION TO BE ON THE AGENDA NEXT WEEK ADOPTING THE JOB SPECIFICATION
FOR INCLUSION IN THE CITY'S PERSONNEL FILE, AND A RESOLUTION
ESTABLISHING A DEPARTMENT OF COMMUNITY DEVELOPMENT IN THE CITY
STRUCTURE. MOTION WAS SECONDED BY CM STALEY.
em Turner stated that he would like to comment, once again,
that he is very concerned about the jOb description, the possible
expansion and ultimate costs. Once a person'is' hired doing a spe-
cific job they sometimes get away from that job because of other
pending matters and then never get back to the job for which they
were hired.
Cm Turner stated that he would be opposed to a job description
as outlined by the City Manager in his report, even though he
supports, 100%, a Community Development Director for the purpose
of establishing industrial and commercial development for the City.
/"~,
I \
)
/
./
William Hurdlow, 1133 Aberdeen, stated that it is certainly true
there is good development and bad development. It depends upon
whose standards are used in determinig what is good and what is
bad. The City of Livermore, over the past few years, has been
taking more and more into its own hands and determining what is
good development and what is bad development. He stated that he
sees this as another move to place more power into the hands of
city government in deciding the fate and development of the pri-
vate lives of the citizens of Livermore. There have been develop-
ments approved by the City in the past that did not gain the support
of the citizens and have been very bad, such as the golf course, the
airport, and the railroad relocation project. All of these things
should be examples of where the City should be getting out of develop-
ment and letting private industry and individuals get back to the
business of having their own good development.
Mayor Futch stated that Mr. Hurdlow has a difference of philosophy
because the Mayor feels that the airport and the relocation project
are very beneficial to the City; however, Mr. Hurdlow is welcome
to his opinion.
CM-30-337
September 8, 1975
(Commun. Develop. Dept.)
Cm Staley stated that it would appear the City is really doing two
or three things in creating the Community Development Department.
In the first place we are making major changes in the staffing of
the City and is concerned that perhaps there should be a public
hearing for this type of thing. His second to the motion indicates
that he is in favor of this but in terms of the final proposal, he
doesn't assume that they are settled by this vote. The final de-
tails still need more work and it would seem that the City staff
should have some input if they are involved.
The City Manager commented that, theoretically speaking, without
the addition of a new staff person it would be the prerogative of
the City Manager to realign certain staff functions. He stated
that he believes the alignment suggested in his report is most
appropriate.
In the event the Council determines it does not agree with the
subdivisions and their inclusion within the Community Development
Department, this decision must be made immediately because in the
recruitment for applicants for this position, it must be defined.
The responsibilities and the overseeing charges must be stated.
Cm Staley explained that he did not mean to imply he disagrees
with the proposal as outlined by the City Manager but when some-
thing comes from one point of view he would be curious to know
what other views might be.
MOTION PASSED 4-1 (Cm Miller dissenting) .
REPORT RE PUC APP.
FOR FIRST ST. OVERPASS
Mr. Parness reported that one of the rprocedural requirements
for the construction of the First Street overpass is to receive
a PUC order allowing its construction. This application, once
approved, would be such an order. It is recommended that the
Council adopt a resolution authorizing execution of the application.
CM MILLER MOVED TO ADOPT A RESOLUTION AUTHORIZING EXECUTION OF
THE APPLICATION, SECONDED BY CW TIRSELL AND PASSED UNANIMOUSLY.
RESOLUTION NO. 194-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVERMORE,
COUNTY OF ALAMEDA, STATE OF CALIFORNIA, AUTHORIZING THE
CITY MANAGER TO SIGN AN APPLICATION BY THE CITY OF LIVER-
MORE TO THE PUBLIC UTILITIES COMMISSION OF THE STATE OF
CALIFORNIA FOR AN ORDER AUTHORIZING CONSTRUCTION OF A SEP-
ARATION STRUCTURE OVER THE MAINLINE TRACKS OF THE SOUTHERN
PACIFIC TRANSPORTATION COMPANY AND THE WESTERN PACIFIC RAIL-
ROAD COMPANY, FOR EAST FIRST STREET IN THE CITY OF LIVERMORE,
CALIFORNIA.
P. C. REPORT RE
FUTURE WIDTH LINES
Mr. Parness reported that the report from the Planning Commission
is a response to the Council's referral on the general scheme of
the County's plan for three lanes and two lanes on East Avenue.
The proposal is that the final design be progressed to the point
where it is referred to the City, by the County, for formal adop-
tion of future width lines. With the Council's permission the staff
would go to the County and indicate that the concept is approved and
CM-30-338
September 8, 1975
(Future Width Lines)
the design plans would finally establish the future width lines.
This would come back to the Council for a public hearing and adoption
by ordinance after hearings at the Planning Commiss~on level.
The Council voiced concurrence with the design concept.
REPORT FROM P. C. RE
RESTRICTION OF USES
IN NEIGHBORHOOD SHOP-
PING CENTERS
A report was received from the P.C. concerning the referral from the
City Council as to the possibility of restricting the number of
retail liquor stores to be allowed in a neighborhood shopping center.
By unanimous vote the Planning Commission believes there should be
no limitation on the number of retail liquor stores or other mis-
cellaneous uses in a neighborhood shopping center.
The report was noted for filing.
REPORT RE ACQUISITION OF
ADDITIONAL PROPERTY FOR
MAX BAER PARK (2.4 Acres)
The Planning Commission reports that they have considered the referral
by the City Council concerning LARPD's proposal to acquire 2.4 acres
of land to add to Max Baer Park. It was felt that 1) this would be
in conformance with the General Plan; 2) purchase of park land is
advantageous to the community; 3) acquisition of this land would be
a buffer to future residential development; 4) the acquisition would
round out the boundaries of the park-school complex; and 5) the P.C.
would be favorable to the purchase if it would be complimentary to
the entire park-school complex and was for multi-purpose use.
By unanimous vote the P.C. recommended that the City proceed with
the acquisition of the subject parcel.
Cw Tirsell stated that she would like to know what the land would
cost and it was noted that the City must obtain preliminary
appraisals.
CW TIRSELL MOVED THAT THIS ITEM BE REFERRED TO THE CITY MANAGER
WITH AUTHORIZATION TO OBTAIN PRELIMINARY APPRAISALS, SECONDED BY
CM TURNER AND PASSED BY UNANIMOUS VOTE.
P. C. MINUTES
The minutes for the Planning Commission meeting of August 12,
1975, were noted for filing.
REPORT RE COVA JOINT
POWERS AGREEMENT
~-
The City Council received a copy of the revised Joint Powers
Agreement for the Congress of Valley Agencies (COVA).
Cm Staley commented that he would like to express the things he
feels are objectionable with this revised Joint Powers Agreement.
It seems the basic purpose of the Agency is diverted by a change
that makes the discussion of local issues "taboo" to that parti-
cular agency. He stated that it was his understanding this Agency
CM-30-339
September 8, 1975
(COVA Agreement)
was created to speak for the Valley about issues that affect the
Valley. If we are going to allow this agency to be established,
and yet give each member the right to veto any proposal, it means
that a lot of problems will prevail. He stated that he is not
willing to vote for funding this agency or to participate in it
under these conditions. If we are going to have this agency it
must be one that can deal with all valley issues and does not
require approval of the local jur1sdictions. One of the problems
is, what is the jurisdiction of VCSD or Zone 7? There are real
problems with this issue and he stated that he believes he has
made this point in the past. It is obvious as to how he will vote.
Cm Miller stated that he would have to back up what Cm Staley has
said about COVA. COVA is now a parody of what we hoped it would
be and it's ridiculous to continue an agency that will go nowhere.
If Pleasanton doesn't want to have anything they do examined by
anyone else, that's their problem, but they should take the respon-
sibility for wrecking an agency which could have been very useful.
The City of Livermore has gone on record as saying that we would
welcome review of anything we do and that Livermore would take
into account their input. Nobody is required to take into
account the input of other cities but by the old rules all you
had to do was listen. It is foolish to compromise to the point
you have nothing left and yet think you have something because
you don't. Everybody is wasting their time now and COVA has been
reduced to the position of the valley Planning Committee.
Cm Turner stated that he will vote in favor of supporting the
Joint Powers Agreement, as amended, because at this point he
does not agree with the position taken by Cm Staley and Miller.
Cw Tirsell stated that she really agrees with what Cm Staley
and Miller have said but intends to vote differently because
she is at the COVA meetings each time and the Council is looking
at two very different philosophies. Pleasanton has looked out
from a great many law suits and sewage problems, etc., and have
identified the enemy as the agencies out there somewhere.
Livermore looks at our problems and we see our own problems here
at home among ourselves. The problems are us, ourselves, and we
are our problems and must work together. Livermore is willing to
give up a little power to accomplish a bigger gain but Pleasanton
is not willing to do that yet; possibly because they are so beset
by with tremendous problems. Hopefully, when Pleasanton gets some
of their problems solved they will not be so protective and will
learn to trust other cities and agencies and will want to have
problems reviewed. At this point to give up would not seem to
be the answer. She stated that while this is not what everyone
agreed to she would be willing to unhappily support their re-
vised Joint Powers Agreement.
Cm Miller stated that if Livermore is right, and we believe we
are right and willing to look at all Valley problems, then we
should stand up for what is right. If the City of Pleasanton
is unwilling to join in doing what is right, a COVA should be
set up without them. We can work with VCSD and Zone 7 without
Pleasanton because this is their problem - not ours.
em Miller added that he believes one of the things motivating Cw
Tirsell is that COVA has gotten as far as it has because of Cw
Tirsell's own personal efforts and essentially Cw Tirsell's-
organization and design. Cm Miller stated that if he were in
Cw Tirsell's place he w~d hate to see it go when maybe there
is a chance of saving ie.~ould ask that everyone consider
the wisdom of throwing away a good contract for a bad one. Why
not try to reorganize without Pleasanton or some other way; why
should we "knuckle under" to Pleasanton. If this were a minor
point, it could be overlooked but this is one of principle and
he feel's this should not be overlooked.
CM-30-340
September 8, 1975
(COVA Agreement)
(
Cw Tirsell stated that she can appreciate this point of view because
it is one she has also struggled with; however she feels things can
be accomplished and some good can come of the Agency. Hopefully
the Joint Powers Agreement can be renegotiated in the future. If
we find that other cities or bodies say COVA can't review things
she would suggest Livermore come back home because this is not
the Agency Livermore wants to participate in.
Cm Staley stated he realizes there is a strong desire on the part
of the Councilmembers to say something about the particular city
they feel ruined this agency but he, personally, is reluctant to
do that. He added that he is sorry Pleasanton felt they had to
take this action but believes the good of COVA has the whole-hearted
cooperation and support of all its members. It has to have this
cooperation to allow the discussion of all issues within the Valley.
It appears that Pleasanton feels COVA should not be allowed to do
this which means that this point should be decided now before the
agreement is signed. This would mean that the Agency will have the
power to review, or never have such power. It would seem that if
the Valley has a need for such an Agency it would require the co-
operation of the other jurisdictions, including allowance of the
discussion of all these things. This is the reason he believes
we should say "noli to COVA on these terms.
Cw Tirsell stated that if it were any other city or jurisdiction
other than Pleasanton objecting to review, she would agree with
the comments expressed in opposition to the new agreement. How-
ever, she would be willing to give them another chance because
this agreement has been pared down, considerably, from what they
really wanted.
CW TIRSELL MOVED TO ADOPT THE REVISED JOINT POWERS AGREEMENT,
SECONDED BY CM TURNER.
Cm Miller pointed out that obviously Pleasanton intends to be
uncooperative, so why bother with them.
Cw Tirsell suggested that the Council listen to the agenda prepared
for this year and if the Council feels it is not intersted, she
would suggest the whole thing be scrapped.
Cm Miller stated that the program for the year sounds fine but it
doesn't need to be done with Pleasanton.
Cw Tirsell stated that she doubt's that Zone 7 would remain in
COVA if Pleasanton is not included because Zone 7 is really a
single purpose agency.
Cm Staley stated that he really likes the program and wants to
support COVA but would hope the motion is defeated because he
would rather say "no" now than to become involved in a useless
discussion if we don't say "no" now.
Mayor Futch reluctantly agreed to give COVA one more chance but
noted that if anything else such as this comes up he doesn't
want to have anything more to do with COVA.
Cm Miller stated that he would like to know when everybody else
is going to come up with their share of the money to support COVA
and Cw Tirsell indicated that Zone 7 can't give any money until
the Joint Powers Agreement has been signed. Livermore and
CM-30-34l
September 8, 1975
(COVA Agreement)
Pleasanton are in arrears since July 1, 1975, Zone 7 is in arrears
since January 1, 1975 and VCSD has not paid their funds for this
year either but they have signed the agreement and really want to
get going.
MOTION PASSED 3-2 (Cm Miller and Staley dissenting).
CITY MANAGER WEEKLY
STATUS REPORT
Air Commuter Service
The Air Commuter Service was to have started by now but has not.
Apparently they will begin service in about two weeks.
Airport Master Plan
The Airport Master Plan is in its final stages and will be distribu-
ted to the City Council and will be ready for a public presentation
to the Council in about a month. The draft plan is not ready for
public distribution.
First Street Medians
The First Street medians were installed by virtue of a requirement
that the City had with the S.P. Shopping Center and they are being
finalized at this time.
Springtown Ponds
The City is interconnecting the irrigation system in the Springtown
pond area, with the domestic water supply so the lake can be re-
planted in about two weeks. There is still the problem of the
ducks and is one of the major issues the City is wrestling with.
Airport Hay
The second cut of the hay at the Airport has taken place. The
City grossed about $12,000 on the first cut and hopefully will
do about the same for this crop.
Reclamation Plant
The Water Reclamation Plant was to be completed by November 1,
but completion will be slightly later. Mr. Parness has been
told that the delay is because of the late delivery of the
instrumentation
Ge'ner-a-r Plan
The Scenic Element and the Noise Element of the General Plan are
complete and are ready for public hearings. The staff would like
to know if it is the Council's intention to wait for all of the
elements and have one hearing, or if a series of hearings will
be held on all of them separately or possibly two or more.
CM-30-342
September 8, 1975
(General Plan)
Cw Tirsell stated that she believes the Council expressed preference
for having a hearing for two elements at a time or possibly three
elements.
Mr. Parness noted that the Scenic Element and the Noise Element
are ready if the Council would like to begin with these.
The Council agreed that there was no reason for delay and they would
begin with these elements.
Mr. Musso added that these two elements are required to be done by
December 1, 1975, and apparently no extension of time will be granted
by the state.
HUD Application
Mr. Parness will be meeting with the HUD staff this week to discuss
the HCDA application. The City has very critical questions that
must be answered as to the use of that money and as to whether or
not the City will be allowed to proceed with a multi-purpose service
center.
Bike Safety Program
Over the past month the police have been concentrating on the Bike
Safety Program. From some of the statistics the Council has received
they may have noticed that the bicycle citations have been subdtan-
tially increased. He stated that he is happy to see this because
there have been many violations, particularly on the part of child-
ren, of bicycle safety.
The police are doing this in addition to making a concentrated effort
to visit all the schools and make presentations to all the children
concerning bike safety.
First Street Patrolling
Patrolling has continued on the weekends for First Street and
Mr. Parness has been told that this has been done with little
incident. Everything seems to be going well with the personal
contact out on the street. It is not know whether or not the
fact that school is back is session will make a difference.
Fire Station #1
Reportedly, Fire Station #1 is 30% complete and is proceeding nicely.
We are still trying to get some clarification and decision from the
Sunset Development Company on Station #4 site.
Conaway Suit
Mr. Parness has just been informed that the City has been named in
the Conaway suit. The Conaway boy was the one pulled out of the
pool in May Nissen park this summer and has remained in a coma.
The City has been named as a defendant but LARPD has not. Apparently
the City has been named in the claim because the Fire Department
responded to the resuscitator call.
CM-30-343
September 8, 1975
ADJOURNMENT
There being no further business to come before the Council, Mayor
Futch adjourned the meeting at 11:20 p.m. to an executive session
to discuss legal matters and thereafter to 6:00 p.m., Wednesday
September 10, 1975, for possible action regarding AB 1352.
ATTEST
Cl.ty Clerk
Livermore, California
APPROVE
Regular Adjourned Meeting of September 10, 1975
An adjourned regular meeting of the City Council of the City of
Livermore was held on Wednesday, September 10, 1975, at 6:00 p.m.
in the Municipal Court Chambers, 39 South Livermore Avenue.
Present: Cm Turner, Miller, Staley, CW Tirsell and Mayor Futch
Absent: None
No action was necessary since it has been determined that AB 1352
was on the governor's desk for signature and would become law at
midnight unless vetoed. A telegram could not be delivered; there-
fore, no action was taken and the meeting adjourned at 6:30 p.m.
APPROVE
M/~
ATTEST ~~~~erk .
Livermore, California
CM-30-344
Regular Meeting of September 15, 1975
A regular meeting of the City Council of the City of Livermore was
held on September 15, 1975, in the Municipal Court Chambers, 39
South Livermore Avenue. The meeting was called to order at 8:10
with Mayor Futch presiding.
ROLL CALL
Present:
Absent:
Cm Turner, Miller, Staley, Cw Tirsell and Mayor Futch
None
PLEDGE OF ALLEGIANCE
Mayor Futch led the Councilmembers as well as those present in the
audience, in the Pledge of Allegiance.
OPEN FORUM
(Lights at 4th & Holmes)
Page Sexton, 3864 Princeton Way, stated that she would like something
to be done about the traffic lights on Holmes Street at Fourth Street
for drivers traveling east and west. She stated that as she was
going to work one morning she had to wait at the lights for eight
minutes. The lights would turn green for the north/south traffic
and then green for the traffic going east but for eight minutes
would not turn green for traffic going west.
Mayor Futch felt this may have been some type of malfunction and
asked Mr. Lee if he could explain.
Mr. Lee stated that this could have been a temporary malfunction
or it is possible that the detectors in the pavement didn't get
an indication that a car was there and he will check into it.
(Welcome to Visitor)
Mayor Futch introduced Arlene Adamson, a visitor from Senator
Holmedahl's office, and welcomed her to the Council meeting.
CONSENT CALENDAR
Res. Rejecting Claim
The Council adopted a resolution rejecting the claim of Jon Everett
Conaway, Jr.
RESOLUTION NO. 197-95
A RESOLUTION REJECTING THE CLAIM OF
JON EVERETT CONAWAY, JR., ET AL
Res. Auth. Exec. of
Agree. - CETA Funds
/'
It has been recommended that the Council adopt a resolution authoriz-
ing execution of an agreement for federal CETA funds. This agreement
provides for the extension of funds to our City under the CETA II
program from the present July 1, 1975 through December 31, 1975. The
grant is in the amount of $36,l34 and provides for continuance of
six City employees.
CM-30-345
September 15, 1975
RESOLUTION NO. 198-75
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
Alameda County: Re Funding Under CETA, Title II
Res. Auth. Exec. of
Agree. - Site Plan
Approval (Devengenzo)
Robert Devengenzo was required to execute an agreement upon the
issuance of his permit to allow nursery supplies to be stored on
Vasco Road in May of 1975. The agreement was inadvertently not
accepted by the City Council and it is recommended that a resolu-
tion be adopted authorizing execution at this time.
RESOLUTION NO. 199-75
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
(Robert S. Devengenzo)
Res. Accepting Parcel
Map 1597 - Shaheen
Approval of the subdivision (Parcel Map 1597) agreeement has
been given; however, a new requirement of law states that parcel
maps must be done by resolution.
RESOLUTION NO. 200-75
A RESOLUTION APPROVING PARCEL MAP 1597
(R. L. Shaheen Company)
Minutes
The following minutes were submitted for informational purposes:
Beautification Committee minutes of August 6, 1975
Industrial Advisory Board minutes of August 14, 1975
Planning Commission minutes of August 26, 1975
Payroll & Claims
Progress payment #1 to the Collishaw Corporation in the amount of
$17,988.03, and Progress Payment #14 to Hensel Phelps Construc-
tion Company in the amount of $114,782.44, dated September 9, 1975
for a total of $132,770.47, was approved by the City Manager.
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE, THE CONSENT CALENDAR WAS APPROVED.
MATTERS INITIATED
BY THE STAFF
(General Plan Revision)
Mr. Musso reported that the revised General Plan has been received
from Grunwald-Crawford and they would like a response as soon as
possible.
CM-30-346
September 15, 1975
(General Plan)
The revised General Plan will be on the agenda next week and it
was noted that it will still be subject to public hearings even
if the Council approves the revised edition.
MATTERS INITIATED
BY THE COUNCIL
(Kiosk)
em Miller stated that he would like the staff to ask the Beautifica-
tion Committee what has happened with the plan for kiosks. The
present kiosk seems to be effective and there was supposed to have
been one considered for the "P" Street location. It is possible
a good place for a kiosk would be the SP Development area. Since
it is the City policy there be no off-site sign, there should be
communication with the Beautification Committee asking that they
reconsider ~ ~.#~ ~ ,~d-ZZLA./ .~ ~i.U4e/'~
Mr. Parness commented that this item has bee~~~ed for the
agenda next Monday.
(Ribera and Sue
Beautification Report)
Cm Miller stated it is his understanding that the reports from
Ribera and Sue are scarce and he would suggest that a copy of
this report be given to every member of the Design Review Committee,
Beautification Committee, Planning Commission, City Council, as well
as people who are newly appointed. This is a very important docu-
ment that was costly and the various people mentioned should have
a copy.
The Staff was directed to find out those who have copies and those
who need copies and to see that they are furnished with a copy.
(Mr. Musso has a limited supply and will see to distribution.)
(Sphere of Influence)
Cw Tirsell stated that she would like Livermore's Sphere of Influence
to be placed on an early October agenda for discussion by the Council.
LAFCO is again reviewing our Sphere of Influence and in light of our
new General Plan the City may wish to reconsider the resolution sent
to LAFCO with the large sphere we supported before which was, essen-
tially the 1959 planning area.
Cm Miller felt this was a good suggestion and would like to add
that possibly the League of California Cities could be contacted
in order to get information about what other cities are experiencing
with respect to their spheres of influence and as to what other
LAFCO's have done.
Mr. Logan commented that his office has a broad collection of these
already and they can be reviewed but at this point he is not sure
that they are particularly helpful.
COMMUNICATION FROM
STATE BOARD OF
EQUALIZATION
A letter was received from the State Board of Equalization concern-
ing a communication sent by the City of Livermore supporting the
City of Monterey's suggestions with respect to administration of
property taxation (tax relief issue).
CM-30-347
September l5, 1975
COMMUNICATION FROM
VCSD RE BART FEEDER
BUS SERVICE
A resolution protesting discontinuance or curtailment of the BART
feeder bus to the Livermore-Amador Valley was received from the
Board of Directors of VCSD.
Mr. Parness commented that the Council has requested that our
City contact the eastern Contra Costa County cities to discuss
mutual concerns about this matter. He has already done so
and has set up a meeting for the purpose of personally discus-
sing the topic with the suggestion that the principal staff
members and at least two councilmembers from each of those
cities join Livermore, Pleasanton, and VCSD in discussion. A
luncheon meeting has been scheduled for September 26th in
Concord.
REPORT RE EAST
AVE. BIKE PATHS
A report concerning the East Avenue bike path area has been
submitted by a committee, entitled, "East Avenue Bike Survey
Committee", as well as a report from the Chief of Police with
respect to bicycle accidents on East Avenue as well as a list-
ing of the accidents in the Alameda County area on East Avenue.
Mr. Lee reported that the Bikeways group has made a survey
concerning attitudes of the bicyclists at LLL and Sandia.
Gregg Davis is the President of the Bikeways Association
and is present this evening to discuss this matter with the
Council.
Mr. Lee stated that the Chief of Police has reported on the
number of bicycle accidents on East Avenue during each year
since 1972 as well as the number of accidents in the City of
Livermore for those years. During those four years there were
a total number of 166 bicycle accidents and 19 accidents on
East Avenue just in the City limits, and 5 involving the bike
lane. The total number of accidents outside the City limits
for the four years were l5 on East Avenue and 9 involving the
bicycle lanes; 34 accidents on East Avenue in the four years
with 14 in the bike lanes.
Mayor Futch stated that the Chief of Police recommended that
there not be two-way bike paths and also if the berms are to
be used that they should be redesigned to be of less height
in order that the pedal does not hit the berm.
Gregg Davis, 316 Ontario, spokesman for the Bikeways Associa-
tion, commented that the bike survey was initiated because of
the County's proposal to remove the berms on East Avenue as a
possible solution to a number of complaints. Out of 903 re-
turned surveys 37% voted for keeping the berm as it is, 29%
voted for a one lane bike lane on each side of the street to
Charlotte Way, and 33% voted for the proposal to remove all
the berms and provide a bikeway on each side of the street.
Comments were solicited on the survey and the most emphatic
results were that people wanted some type of physical separa-
tion. The next most prevelant comment was that people want
better construction, such as a smooth, well drained surface.
The third was that people want one-way flow of bike traffic.
Mayor Futch commented that a letter was also received from Lloyd
Teel expressing concern about the two-way bike path at Stanley
and El Caminito.
CM-30-348
September l5, 1975
(East Ave. Bike Path)
Don Patterson, 757 Avalon Way, Vice President of the Valley Spokesmen
and is representing the Bike Committee. In addition to the survey,
a letter containing recommendations for an interim solution to the
East Avenue bikeway problems has been distributed to the Council.
He then gave a slide presentation to help clarify their recommendations.
Their recommendation is to provide a path on the north side in addition
to the present south side path, with extension of the right-of-way on
the north side. It was explained that they would suggest a two-way
bike path on the north side along the Wagoner Farms area to accommodate
both lab people and children going to and from school. They feel the
children would be riding against the bike traffic if the two-way was
not provided because they don't want to cross the 45 mph traffic to
get to the south side bike path.
It was not recommended that there be a two-way path on the south side
for the Almond Avenue School children because there is a private road
part way through from Buena Vista to Almond Avenue which they feel
could be used by the school children if this street could be extended
all the way through.
Normally everyone is very adamantly opposed to a two-way bike path
but because of the school children problem they would strongly
recommend that such be provided from Mitra to Madison Avenue.
Cm Staley asked if an estimated cost for these improvements could
be given and Mr. Patterson indicated that he does not know what
the cost might be.
Chuck Hartley, 4319 Findley, stated that the Bikeways Association
came to the Council in January with a proposal such as this and
the estimated cost at that time was $55,000 which they felt could
be shared in equal amounts by the City and the County.
Cw Tirsell felt that before the Council comments on this matter
it should be referred to the staff for cost estimates.
Cm Staley also suggested that the staff be asked to suggest sources
of revenue that might be used for the cost of this project such as
our gas tax money if it can be used for this purpose.
Cm Miller added that there is state and federal bikeway money avail-
able to cities for projects such as this.
Celia Baker, 541 Bell Avenue, stated that she hopes some attempt
will be made to save some of the trees that have been suggested
for removal for a bike path.
J. D. Lee, 622 Bentley Place, stated that he rides the East Avenue
bike path daily and also filled out the survey questionnaire. He
stated that he voted for the first option which was to do nothing
as an interim solution because he would prefer that something be
done as a permanent solution. He would like to recommend that
the Council work on a permanent solution. In his opinion there
cannot be a bike path compatible with heavy traffic traveling at
45-50 mph and he would suggest that a bike path be provided a
couple of blocks from the main street, to the north. He suggested
connecting Stanford Way with Kathy Way in the Valley East area and
then along the arroyo up to Vasco Road. This would not only be of
benefit to commuters on bicycles but would give direct access to
the Valley East children going to Jackson Avenue School.
Cw Tirsell commented that the Arroyo Seco Plan is one of the plans
that has been adopted and will include some of the recommendation
made by Mr. Lee to go along the arroyo to the lab.
CM-30-349
September l5, 1975
(East Ave. Bike Lane)
Franklin Halasz, 229 Garnet, submitted a petition which was cir-
culated at Sandia, only, and signed by 78 bicyclists. The petition
recommends a specific interim solution which is to reduce the speed
limit on East Avenue.. He stated that the latest bicycle accident
occurred last Friday evening and the one prior to that was his
accident. He stated that he would question the figures presented
to the Council concerning the number of accidents which have
occurred. He stated that he knows of seven accidents which have
occurred in the past year.
Cm Tirsell commented that she believes the report lists only those
accidents that were reported and that the Police Department knows
of but there may have been other accidents not reported.
Mr. Halasz commented that all of the bike accidents he knows of
have taken place in the County area and would not be included
in the report given to the Council this evening.
The staff was directed to obtain a cost estimate, find out what
sources of revenue might be used and whether or not the County
would participate in 50% of the cost.
Lloyd Teel, 221 Lloyd Street, stated that he does not want to
cloud the issue concerning East Avenue but really feels there is
a situation at Stanley Boulevard and El Caminito that can easily
be solved and would like some word from the Council that his recom-
mendation, as outlined in his letter, would be considered.
It was noted that the staff will report back to the Council con-
cerning the feasibility of correcting the situation at Stanley
and El Caminito at the same time they report on the bike path for
East Avenue.
Cm Miller stated that in the petition it was suggested that perhaps
lanes could be narrowed to provide more room for the bike path and
this could be done without using a portion of the right-of-way and
the County might agree with this suggestion.
em Miller stated that with respect to the suggestion to reduce the
speed limit, the City has been trying to get the County to reduce
the speed for about five years, without any success.
Cw Tirsell suggested that perhaps the County might have more
sympathy if they received a copy of the bicycle accident report.
REPORT RE CBD
PARKING
The City Manager reported that the staff has been instructed to
study various alternates for provision of parking for the CBD
area. Time has not permitted a conclusion as to any proposed
course of action and an effort will be made to provide some recom-
mendation within the next 60 days.
It is recommended that the Council adopt a motion instructing the
staff to present a report on findings at the October 13th meeting.
Mr. Parness reported that consideration has been given to provid-
ing parking at the two corners at Livermore Avenue and First Street
where it is being reconstructed as well as expansion of the present
public parking lot adjacent to the Court offices, and the closure
of some of the streets between First and Third Street. These pro-
posals do require more study and investigation and the consultant
study of the CBD does include the study of parking facilities which
is not ready at this time.
CM-30-350
September l5, 1975
(CBD Parking Fee)
Marshall Kamena, 2476 Merrit Place, representative of the Chamber
of Commerce, stated that the Business License Tax Committee does
have a recommendation to make to the City Council concerning the
specific plan.
Cm Staley stated that he is also a member of the Business License
Tax Committee and their recommendation is that the method of financ-
ing the municipal lot should be shifted from a surcharge basis to
a user basis. The recommendation that seemed best to the Committee
was the installation of a coin-operated gate with two entrances and
one exit which would allow people to pay their money, enter the gate
and park for as long as they wish.
Cm Miller mentioned that it has been noted in the past that there
is a possibility customers would be driven away from shopping in
Livermore if they must pay for parking. without a survey, it isn't
a proven fact that most of those who park in the municipal lot are
using it all day. There may be a lot of short-time parkers in the
lot. He stated that if he were a merchant he would have to consider
which would be best in the long run - paying a surcharge or possibly
driving customers away by charging them for parking.
Cm Staley commented that the Committee felt if the fee for the lot
parking is used then the limit for street parking should be strongly
enforced, which would eliminate long-term parking on the street.
He added that this is a complex problem and that all of the problems
will not be eliminated regardless of what changes take place. He
felt this was the reason the City Manager has requested that the
item be postponed until October.
Cm Turner asked if all the merchants have had the opportunity to
respond to pay parking and Dr. Kamena indicated that they have
had the opportunity so many times that if they haven't given input
they simply aren't interested.
Cm Turner wondered if there has been an organized effort to get
responses because often people happen to be out of town or for
one reason or another miss meetings and don't get the opportunity
to offer input.
Rick Corbett indicated that there was a meeting at the Emporer's
Garden for the purposes of discussing this issue and it was very
highly publicized. The attendance at the meeting was very small
and he is sure that every merchant was well aware of the meeting.
There were then three other meetings for the purpose of discussing
this matter and in his opinion there has been ample opportunity for
input. . ~ I
~)J7.. ~ ~:kIJY~ ,/ ;:.
Mr. Corbett stated that the R\iBiReSB LieeR~e Tax CORlRli 'tt:cc a~d r!.Zij-O&-i-f__
the Chamber of Commerce feel. that the following recommendations
should be adopted:
1) On the south side of First Street there should be 16 spaces
of parking in the mini park. It is felt that at present
parking on the north side (additional parking) is not needed.
2) That the City look into the parking on "K" and "J" as well
as parking on Second and Third Street and consideration of
one-way streets.
3) Increased policing of the time limit in the downtown area.
4) A study of the "red zones" in the downtown area to determine
whether or not they are really necessary.
Cm Turner stated that he would like to know who the merchants want
to catch by asking that the police enforce the time limitation.
CM-30-35l
September 15, 1975
(CBD-Parking Fee)
Mr. Corbett stated that the merchants really are concerned about
those merchants who park on the street all day and use up parking
that should be left for customers - these are the people they want
to catch.
Celia Baker, stated that she would urge the Council to leave the it
parks as they have been designed, without providing parking.
She stated that she circulated a petition just on "J" and "K" and
received 10 signatures in favor of just the parks only at the
corners on First Street and South Livermore Avenue. She added
that she is really concerned about the employees of banks using
up the street parking around Second Street and the Carnegie Park
because these people are not allowed to use the bank parking lots.
Mel Luna, 723 via Del Sol, stated that one hour parking means just
that and if the City isn't going to enforce the limit then the
signs should be removed. He stated that more parking in the muni-
cipal lot won't do any good because parking is needed on the street.
He added that one of the problems is that it would cost the City
about $20,000 for an officer and equipment to patrol regularly and
he feels the City can't afford this so it is useless to circulate
petitions and other things to get this done.
Ray Brice, 2705 Superior Drive, representing the Beautification
Committee, stated that he is before the Council to remind them
that the Committee is against any attempts to add parking in any
of the mini-park areas. The parks are felt to be essential to
the development of beautification efforts for the downtown area
and the project has been budgeted for parks, only, not to include
parking. It is true the downtown area needs more parking but not
in doses of 8-10 parking spaces here and there.
John Regan, 672 South "Nil Street, stated that his business is
real estate and insurance and it is necessary for their cars to
be in front of his business because they cannot operate from a
municipal parking lot on the other side of town. He stated that
the difference, in his case, is that customers don't come to him
but rather he goes to them.
~ ..
Mayor Futch stated that he can see no solution other than uniform
enforcement of the law. Sometimes enforcement of the law is more
difficult for one than for another but there simply is no other
way to deal with it.
Martin Plone, 2127 First Street, stated that he is very concerned
that the Beautification Committee has been given the task of
beautifying First Street when there is only one merchant on the
Beautification Committee. He feels there are things going on
through the Beautification Committee for downtown that he knows
nothing about nor has any say about and recommendations are being
made without consulting the downtown merchants. He stated that he
would strongly recommend there be more representation of the down-
town merchants or that the Beautification Committee take more time
to speak with the merchants to find out how they feel. It is his
understanding that 26 parking spaces will be lost on First Street
because of red lines and at this point he is very concerned as to
what this will do to his business.
It was noted that 18 spaces will be removed because of the red
lines to be painted along First Street.
Dr. Plone also mentioned that Mr. Lee has indicated that it will
one day be necessary to have a turning lane at ilL" Street and
First Street and this would also require additional red lines
to accommodate the other lane which means more parking removed.
CM-30-352
September 15, 1975
(CBD Parking Fee)
Dr. Plone added that it would be his guess that 90% of the people
using the municipal parking lot are employees and customers of the
merchants on the north side of First Street and that very few people
shopping on the south side use the lot. He feels it is somewhat
unfair to be taxed for something he and his customers do not use
and would be in favor of installing some type of pay device to
allow people to use the lot.
Mayor Futch explained that the Beautification Members are selected
by the City Council from a list of applications. If one doesn't
apply, they are not selected. If there were merchants who were
interested they certainly would be given high priority if they
would apply. The City simply has never had any merchant apply who
wasn't selected.
Bobby Silva, merchant and co-chairman of the Downtown Merchants
Committee, stated that merchants are getting tired of this whole
issue and if something isn't done within the next year many of
them plan to move their businesses.
Ayn Weiskamp, 1413 Lillian Street, Chairman of the Beautification
Committee, stated that they would more than welcome merchants as
members of the Beautification Committee and urged that more merchants
apply. She stated that Linda Galas, a merchant and member of the
Committee, has been fantastic and is full of ideas and has the enthus-
iasm for getting things done now. The Beautification Committee is
very interested in making the downtown area more attractive so people
will want to shop there and they are really trying to help the mer-
chants. They want to get more parking, parks, and enable people to
shop in a mall type atmosphere.
Cm Miller stated that there have been merchants on the Beautifica-
tion Committee who have worked very hard and done an excellent job
and the Council would be very happy to appoint merchants if they
would apply because they like to keep the Committee balanced.
People should also take into consideration that this Committee is
concerned with the beautification of all of Livermore and can't
always concentrate on one specifica area.
Cw Tirsell stated that one thing which hasn't been mentioned is
the fact that all of these things cost money and the City hasn't
been able to come up with an answer as to how some of the proposals
might be financed; paying for someone to patrol the parking areas
'ii~h limi~a~ieRe, how to pay for capital improvements, etc. The
City needs to find answers to the financial questions before there
can be answers to the parking problem.
Cm Staley stated that he would like to suggest that the parking
fine be set higher than it is presently and perhaps the money
collected from fines could go towards the payment of enforcement.
Cm Turner felt the City should investigate things mentioned in
the letter to the Council from Don Bradley. There are only two
years remaining on the lease for the parking lot and if this can't
be renewed there is no reason to add improvements.
Mayor Futch thanked those in the audience for attending and speaking
on this item and noted that this is a very difficult problem and
that any real solution will require funds. At present the City's
General Fund is very low and it would probably not be used to
provide parking. It is possible ~ha~ perhaps aomc~hiR~ could be
donc ~Rro'U~h usa of. 'Jas tan funds,.:park fundo, al\d ot.her mc;],no. J
...;r::.~, /), ,~ e~? ~ -a ~-<--~- q~~-6l/," "'-~,
d--v ~./,~ U ~~ ~7/--~//-/~ ~ ' I) ,
#. / /f~' o/r&~I'-
CM_30_~:~C~L~--
September 15, 1975
(CBD Parking Fee)
Mayor Futch added that he would hope people understand that it
is necessary to keep funds separate and used for their intended
purpose. He used, as an example, the surcharge which is reserved
for leasing the parking lot and improvements specifically connected
with this function. He stated that if the City spent the surcharge
funds for other purposes the merchants would be very upset, and
rightfully so.
Bonnie Steele, 541 North "N", representing the Cover-Up, stated
that she has spoken with the Finance Director, Mr. Nolan, about
taxes and was told that the City is allowed to tax up to a certain
portion on the properties and the City Council may vote to tax
citizens up to 19~/$100 for parks. She stated that this was not
placed on a ballot for vote by the people but rather a decision
made by the City Council. She added that Mr. Nolan indicated it
might be possible to make the streets into one way streets using
the gas tax money and providing diagonal parking because this would
be an improvement to a public street but the gas tax money could not
be used to provide parking spaces or parking lots, per see
Mayor Futch explained that the funds are specified for a specific
use on the tax rate and the City does not have the flexibility
to borrow from one for another purpose.
ON MOTION OF CM MILLER, SECONDED BY CW TIRSELL AND BY UNANIMOUS
VOTE THIS ITEM WAS CONTINUED TO OCTOBER 14, 1975.
RECESS
Mayor Futch called for a brief recess after which the meeting
resumed with all members of the Council present.
REPORT RE FIRST ST. AND
SO. LIVERMORE AVE.
INTERSECTION RECONSTRUCTION
Construction plans and specifications have been completed for
the First Street/So. Livermore Avenue intersection reconstruction
but the Council directed that bidding not proceed in view of the
indetermination as to parking facilities. It is recommended
the Council adopt a motion authorizing receipt of construction
bids.
It was noted that this item has been tabled and that a motion
would be in order removing it from the table.
CM MILLER MOVED THAT THE ITEM CONCERNING MINI PARKS AT THE
INTERSECTION OF FIRST STREET AND SO. LIVERMORE AVENUE BE
REMOVED FROM THE TABLE AND CONTINUED TO OCTOBER 14, SECONDED
BY CM STALEY AND PASSED BY UNANIMOUS VOTE.
DISCUSSION RE COUNCIL
SEATING ARRANGEMENT &
PLACEMENT OF MATTERS
INITIATED BY STAFF & COUNCIL
Cm Turner stated that he has received comments from people who
have indicated that it makes them very nervous to address the
Council from the podium when the Council is sitting up in front.
He stated that the reason he would like to see a different seat-
ing arrangement is because it is difficult for him to hear or
see Cm Staley or Cw Tirsell and in his opinion the seating of
the Planning Commission is better.
CM-30-354
September 15, 1975
(Council Seating)
Cw Tirsell stated that she has no objection to sitting closer
to the audience but this presents a problem when there is a full
audience and when there are many members of the press present.
The benefit of the present seating arrangement is that the Council
can accommodate a full house, see and be seen by those present.
Cm Staley felt it is more difficult for the audience to see the
council if they are sitting down in front rather than up where
they are presently, particularly if there is a large attendance.
Cm Miller stated that he has been on the Council for over seven
consecutive years and this seating arrangement has been fairly
satisfactory. The fact that people may feel intimidated is not
because the Council is seated in a particular way but rather because
people are addressing an official body. He stated that before he was
on either the P.C. or Council, he addressed both bodies on occassion
and felt that both were equally intimidating because they were offi-
cial bodies.
David Eller, Oregon Way, stated that as a citizen he likes being
able to see all members of the Council; however, he objects to
not being able to see maps when they are on the board but feels
there probably isn't a solution to everything.
PLACEMENT OF MATTERS
INITIATED - STAFF
& COUNCIL
Cm Miller stated that originally Matters Initiated came at the end
of the meeting but Cm Turner had pointed out that many times there
are important matters discussed and the public might be interested
in hearing them. For this reason the Matters Initiated was placed
earlier in the meeting. The Council has been criticized for having
such long meetings and Cm Miller feels that perhaps if this item
were again placed at the end of the meeting people wouldn't have
to stay so late to discuss topics they have come to discuss.
Cm Staley felt if the Council expects and wants community participa-
tion the Council should make it somewhat convenient for people to
come and discuss the item they are interested in and for this reason
would be in favor of moving Matters Initiated back to the end of the
meeting. Most of the people who attend are interested in either a
public hearing or new business and are less concerned with Matters
Initiated. He would suggest that this item as well as the Consent
Calendar be moved to the end of the meeting.
CM STALEY MOVED THAT MATTERS INITIATED AND THE CONSENT CALENDAR
BE MOVED TO THE END OF THE MEETING ON THE AGENDA, SECONDED BY
eM MILLER.
Mr. Lee indicated that many people attend the meeting to hear an
item that is routine and this would cause people to wait to the
end of the meeting.
Mr. Parness stated he does not agree with what Mr. Lee has said
because in his opinion there isn't that much on the Consent Calendar
that is of interest to the public. When something is placed on the
Consent Calendar the staff feels rather sure that the Council will
adopt the recommendations. Very seldom are people interested in
the Consent Calendar.
Cm Turner felt there are times something is an emergency item that
comes up during Matters Initiated and the Council feels compelled
to act. For this reason he would prefer Matters Initiated remain
as is, on the Agenda.
CM-30-355
September 15, 1975
(Agenda Items)
Cm Staley felt if something is an emergency item that a Council-
member feels will be acted upon, he can request that the Council
discuss it early in the meeting. Rarely is something acted upon
that is not an agenda item.
AT THIS TIME THE MOTION TO PLACE THESE ITEMS AFTER NEW BUSINESS
PASSED BY A 4-1 VOTE (Cm Turner dissenting) .
RES. AWARDING BIDS
FOR BIKEWAY PROJECT
Competitive bids have been received on unit costs for equipment
rental and supplying materials for the construction of the Arroyo
Mocho Park/Trailway-Bikeway, Phase I and Hartford Bikeway programs.
The low bidder is John Buranis and it is estimated the Council
adopt a resolution executing an agreement with John Buranis.
The estimated cost for this project is $23,800 and has been
authorized in the current budget.
ON MOTION OF CM MILLER, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE, THE COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 201-75
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
(John J. Buranis Construction, Inc.)
PRIOR TO ADOPTING THE RESOLUTION THE MOTION WAS AMENDED TO INCLUDE
THAT THE EXPENDITURE WOULD NOT EXCEED THE BID AMOUNT + 5%.
RES. ADOPTING JOB
DESCRIPTION - COMMUN.
DEVELOP. DIRECTOR
The City Manager reported that even though it is proposed that
the Council adopt a salary allowance of $2,100/month for a Com-
munity Development Director, it is intended that the City will
recruit using an open salary. It is possible that someone can
be obtained for less salary.
A special brochure will be prepared for this position with the
widest possible distribution and recruitment among all larger
governmental jurisdictions and related institutions. It is
recommended that a resolution be adopted approving the job des-
cription for a Director of Community Development.
CW TIRSELL MOVED TO ADOPT THE JOB DESCRIPTION FOR THE DIRECTOR
OF COMMUNITY DEVELOPMENT, SECONDED BY CM STALEY.
Cm Turner stated that last week he indicated that if the job
description came back to the Council the way it was initially
written he would vote against the motion. The job description
is the same as it was initially and he will vote against it.
John Regan, 672 South "M" Street, stated that he just does not
agree with the City Manager's recommendation for a separate
department to recruit industry/commercial development with all
the costs that would be involved in having a separate department,
in view of the shortage of funds in the General Fund. It is well
known throughout California and some of the western states that
Livermore has taken an "anti growth" stand as are the development
fees. He stated that he is not criticizing these things but wants
to point out that they are well known. It is his understanding
that this person would oversee the Building Department and he
can't understand the reasoning for this either.
CM-30-356
September 15, 1975
(Commun. Develop. Dept.)
Cw Tirsell stated that the budget is tight and it will get tighter
because of the ultimate demands for increased salaries and increase
costs. There is never a good time to hire someone to work primarily
for community development. The Council has talked a lot about getting
industry and commercial development in Livermore, we have reserved
sewer capacity for this type of development and there has been talk
about trying to expand the capacity. Livermore has never had large
amounts of capital - there has always been small shopping centers
and little stores. It is foolish to assume that we can continue to
go along this way and that development will come to us and fill in
the 83 acres of industrial/commercial relocation property. Things
need to be done right now and she stated that there are things that
can be done immediately and she can think of three things he could
work on right now. We need a full time person who can get people
together and get people interested in Livermore. At present there
just isn't any staff member who has the time to concentrate on this
one item and we need someone now.
Cw Tirsell added that with respect to Cm Miller's concern that this
person would be development oriented, if he is, "so be it". For
that purpose he is also a member of our staff and is not independently
working on his own to bring industry to town. It is valuable that
he work with Mr. Musso and Mr. Lee and if there is anyone that can
explain why an ordinance is written the way it is, it is Mr. Musso.
Cm Turner stated that he would like to emphasize that he is not
opposed to an industrial and commercial specialist but rather is
opposed to the way it is set up. He stated that he views this as
just another layer of government and that this person will have a
job and one of the responsibilities will be to go out and obtain
commercial and industrial clients but that this person will be so
bogged down in normal day-to-day work that he will never be able to
function in the capacity intended. If such a person were paid on
a commission basis and assigned fully to this task he would be in
favor of it. As this job description is outlined the person will
have to be available for staff meetings, answering questions on
the telephone and supervising other departments. For this position
to be effective this person needs to be out in the field following
up contacts and involved in nothing else, every single day.
Cm Miller stated that the City has heard of other cities who have
tried this approach and there is no overwhelming evidence that this
technique works. If this person brings in an $8 million industry
and the developer pays his way, this is one more than we have at
present; however, if this person doesn't bring industry to Livermore
we are $30,000 "down the drain". Every city is looking for something
like this and of those cities who have tried hiring someone for this
purpose there doesn't seem to be evidence that they are of value.
He agrees with Cm Turner that this should be done on some kind of
commission basis if the City is going to hire someone, or done on
a short-term contract basis. In his opinion the only way to do
something like this should be on a valley-wide basis with some
kind of sharing of the proceeds. He also agrees with Cm Turner
that it starts at $30,000/year and will go up. We can't market
if S.P. doesn't want to go along with our recommendations.
Cm Staley commented that his primary concern is that the City doesn't
have much money and this is the largest negative factor, in his mind.
On the other hand, this community desparately needs balancing, econom-
ically in terms of a tax base and more jobs locally.
Cm Staley added that he believes there is considerable uncertainty
about what Livermore's standards are and there is doubt about our
commitment to get business into Livermore. He stated that he
CM-30-357
September 15, 1975
(Commun. Develop. Dept.)
believes these things are products of misinformation and misunder-
standings as to what the goals of the City happen to be with respect
to growth paying for itself. For this very reason the City needs
this type of person - a Community Development Director, who can
explain our policies and why they are as they are. people have
indicated that because Livermore is a City with low growth, this
is a negative factor in attracting industry. Cm Staley stated
that he believes this is only part of the issue and anybody who
is looking for a location for a store understands that disposable
income and competition are key factors and these are the types of
things that need to be sold to people because they are not the
types of things that "catch the eye" and this is what a Community
Development Director can do. He stated that he feels the $30,000
is very low and this amount will not get any better, as pointed
out by Cw Tirsell. If the City doesn't do something this year
we may not be able to next year at all. This is something like
"seed money". You put out the money this year and hope to get
a good crop. He added that it does bother him that there is a
chance the City won't get industry but at this point he is con-
vinced that it is a risk the City must take and is prepared to
vote for the Community Development Director.
Cm Staley commented that with respect to his commitment to this
position, he believes the City is not making any permanent estab-
lishment until there are real results. When the next budget is
reviewed if there is not at least a beginning of results he, for
one, will have no qualms about eliminating this position. This
should be made clear to the person who is hired - the position
is not permanent at this point.
Mayor Futch stated that he believes the City's desire to obtain
industry/commerce for Livermore is probably at the top of the
priority list and in order to achieve this perhaps it is necessary
to spend funds. In spite of the fact Livermore has very limited
funds, this would be the only significant thing that could be done
with the remaining funds in the General Fund and next year things
will probably be much worse. He believes Livermore should give
this new department a try and he will support the motion.
Bobbie Silva, stated that she can't believe what she is hearing
tonight, knowing the financial problems this City is faced with.
She stated that she cannot understand why the City Council wants
to hire someone for $30,000 a year to bring in industry when the
merchants downtown are crying for parking.
Mayor Futch stated he is really shocked to hear the comment made
by Mrs. Silva because during the eight years he has served on the
Planning Commission and Council the main complaint from all the
merchants and people has been that the Council is not doing enough
to get more commerce and industry in the City. This has been the
main criticism of the Council and it is really surprising after
hearing this for so long that anyone would criticize the fact
that the City is really going to try to do something to provide
more shopping.
CW TIRSELL CALLED FOR THE QUESTION AND MOTION PASSED 3-2 (Cm
Miller and Turner dissenting) .
RESOLUTION NO. 202-75
A RESOLUTION APPROVING JOB DESCRIPTION RE
DIRECTOR OF COMMUNITY DEVELOPMENT
CM-30-358
September 15, 1975
REPORT RE MINOR CLAIMS
SETTLEMENT POLICY
The City Manager reported that upon the advise of the City's insur-
ance agent, it has been the practice to pay minor damage claims
(under $100) when it was proven to the satisfaction of the staff
that the damage was the the responsibility of the City. Such
claims are a nuisance to the insurance carrier and must be processed
in the same manner as larger claims besides being expensive. It
has therefore been recommended by the City Attorney that the
Council give the City Manager auhhorization to settle claims against
the City for amounts not to exceed $100 in those instances where
the evidence clearly indicates the City was at fault.
Cm Miller stated that his interpretation of the letter received
from the City Attorney concerning this item is different than
that as explained by the City Manager in his report. The City
Manager indicated that the City Attorney would like the City to
go ahead and do it this way but Cm Miller stated that this was
not his impression of the report from the City Attorney.
The City Attorney explained that it was not his intent to make a
recommendation, one way or another. He was spelling out to the
Director of Finance the things that should be valid considerations
if the City intends to settle its own claims. The Council should
be concerned about the fact that if the City intends to settle
claims under $lOO, in order to protect the City from allegations
of unlawful expenditures of public money, there should be someone
familiar with the field of adjusting in order to determine whether
or not the claims should be paid. He stated that he also does not
mean to imply that this expertese doesn't reside in the City Manager's
office. He did not intend to make a recommendation.
ON MOTION OF CW TIRSELL, SECONDED BY CM STALEY AND BY UNANIMOUS
VOTE A RESOLUTION WAS ADOPTED AUTHORIZING THE CITY MANAGER TO
SETTLE CLAIMS UNDER $100.
RESOLUTION NO. 203-75
A RESOLUTION RE SETTLEMENT OF MINOR CLAIMS
REPORT RE RAVENSWOOD
PARK BLDG. RESTORATION
For several months the City staff has been meeting with representa-
tives of LARPD to discuss recruitment and selection of an archi-
tectural firm for the purpose of building restoration work at
Ravenswood Park. The program is to be finalized by a grant from
the state and will be in the amount of $187,000.
The architectural firm recommended for retention is Bob McCabe
of Sacramento County, and it is proposed that he be retained by
LARPD even though the City will maintain involvement in the vari-
ous stages of the design and actual construction work. The con-
tract (a~tached) has been prepared by the City staff, has been review-
ed and approved by the LARPD staff and has been presented to the City
Council for review purposes. Unless there are major objections to
the contract draft, it need only be noted and filed.
ON MOTION OF CW TIRSELL, SECONDED BY CM STALEY AND BY UNANIMOUS
VOTE, THIS ITEM WAS NOTED FOR FILING.
CM-30-359
.,. -. --."''- ,.--",-'-...-. . ._.--~.--_.._---"_._~.~.... '~-'~-_~'_~___U_""~~_.._,._,..__
September 15, 1975
REPORT RE LA VWMA ,
~~ggI:io~c~~~g~A- ~)~lI~t'.
The City Manager report ~~there has been an inquiry from
LAVWMA as to what our C ty's official policy is concerning popula-
tion projections. Th ou~i~~a~~~nounced this on several occas-
sions and Cm Miller, a~]al~aee-representative$ did express
this to LAVWMA about a month ago but the question is again being
raised. Mr. Parness stated that he believes this matter is being
brought forth to get the opinions of the other signatory agencies
to LAVWMA because at the last LAVWMA meeting this was discussed
and there were various views expressed on this topic.
This City Council has stated its views and these are familiar to
LAVWMA and its participants but Mayor Futch felt it might be
appropriate to once again formally discuss the matter to determine
if there might be clarifying points the Council might wish to make
at the forthcoming special LAVWMA meeting on September 25th.
A further inquiry was included pertaining to the financing method
as may be used for the local share of possible sewer plant expansion,
and building the LAVWMA pipeline.
The City Council has formally declared its willingness to accept
the State Water Resources Control Board population forecast but
with the condition that a similar growth rate be applied valley
wide.
Local funding methods cannot be determined, as yet, on the project
until a more definitive project cost is stated and the legal aspects
carefully defined as to the authority LAVWMA may have in incurring
debt, funding and a proposed method of apportioning cost to each
of the signatory agencies. Such questions should be reviewed by
the LAVWMA Counsel.
Mr. Parness stated that he believes this matter needs research
and staff direction, particularly from the legal offices. When
the Joint Powers Agreement was drafted many months ago he recalls
that a great deal of study effort went into it on this very point.
To pose the question as to how a city expects to fund its par-
ticipation is improper, in his opinion, at this stage. The
attorneys should respond as to the legal authority of LAVWMA
to incur debt. If LAVWMA, in fact, can incur debt for instance
in the form of revenue bonds, how does LAVWMA, in turn, apportion
that to the respective agencies?
At this time the important part is the population projections.
Mayor Futch stated that he believes the first point listed on
the agenda could be expressed a little clearer because there
are two things involved. First of all the Council agrees to
use the population projections for the entire valley as the
basis for building the LAVWMA pipeline but the second point
which should be spelled out is that as far as future popula-
tions from now to 1996, we believe that the capacity in the
pipeline should be proportional to the growth rate.
Cm Miller stated that he remembers the original resolution
adopted by the Council which referred to 1 MGD but included
in the resolution was the explanation that the City felt
the population estimates were high and Livermore would pre-
fer that all of the valley jurisdictions would not grow to
such large populations. However, in view of the fact they
were likely to grow as predicted, Livermore would like its
share of the expansion capacity.
CM-30-360
Cm Turner stated that in the General Plan there are figures of 80,000
for the City of Livermore in the year 2000. It was noted that this
figure is artificial and nobody on the Council feels this figure is what_~~),
should be used. Cm Turner asked what the Council means when it says ~", {~~
they will accept the figure for 1996 but they don't like it. ~~~ ,
4 Cm Turner asked how the figure will tie into our General Plan and Cw Tirsell
explained that not all of our effluent goes down the pipeline. ~~~
ort the statement because he doesn't feel
Cm Turner stated that he cannot supp 2000 Someone may come back and
comfortable abou~ th: 80,000.for t~;5ye:~d the'total capacity for th: Valley
say your populat1on.1nk 19h96t ~s 6t3oo' hig'h but you set a Genera]pP1an~f)~~~O~/
is 149,000 - you th1n t a 1S (!),<:.~.J~;t!t-C:; (!:'L.C. ,
80,000,
Cm Miller explained that the 80,000 is an estimate and if ~he sewers don't
"allow it or the air quality doesn't allow it, that 80,000 1S a number that
.) shinmers in the distance and tha t poi nt just has to be .,made, c J e~ r j n the
General Plan, and we may not reach 80,000 by 1996,~~~, ~b.
I
September l5, 1975
(Population Projections)
Cm Miller stated that he would argue that the City's position
about 1 MGD should be - 1 MGD is a 20 year projection, because
the .5 MGD is a 10 year projection. LAVWMA may not want us to be
that specific but Cm Miller stated that he would like to argue that
this is not unreasonable. A.5 MGD increase in 10 years could
accomplish community balance that we are trying to accomplish
by trying to gain local jobs and encourage commercial/industrial
development, but not residential development until the air quality
is better. He stated that he believes we could accomplish this
with .5 MGD with the hope that in less than 20 years the air quality
will improve so that we can have more residential development for
which the extra .5 MGD would be necessary. He believes that each
jurisdiction should share in the pipeline according to its current
population. The total population as projected by the State Water
Resources Control Board is too high in view of the air quality
problems in this valley. Our 1 MGD is a 20 year estimate and
the .5 MGD a 10 year estimate.
Cm Miller stated that he believes this would be a reasonable
position for the Council to take in view of the issues being
raised about environmental quality everywhere.
Mayor Futch stated that he really does not agree that this was
the motion adopted before. He would agree that all communities
should have the same growth rate but the Council discussed the
fact that we want 1 MGD but in order to apply for this it doesn't
mean you get that much population growth. The motion was the E-O
population growth that the City would accept.
Cm Miller stated that he voted against the motion because he didn't
want the concept of an outright 1 MGD, because in his opinion this
could not be justified environmentally. At that time he mentioned
that he appreciates the fact the Council is adopting the words
saying that if it were up to the Council they would prefer lower
population increases but in view of the political circumstances
didn't believe this could happen and therefore would request that
Livermore be allowed the additional 1 MGD.
Cm Miller stated that the point was the Council would prefer lower
growth projections for the valley but since the projections were
so high Livermore would request 1 MGD. Cm Miller explained that
what he is saying is that 1) for Livermore to get the 1 MGD we want
our share of the pipeline - whatever the overall population capacity
is; we want our share of the increase according to our population.
2) Whatever the increase is, we believe it is too high and it should
be lower, but if it is 149,000, we still want our share. If it turns
out to be a lower figure we want our share of this, proportionately.
What LAVWMA has asked is whether or not the totals and alloca-
tions are acceptable and actually neither the figures nor the alloca-
tions are acceptable. We want the allocations to be uniform and
Cm Miller is arguing that we can at this point also make the point
that the total isn't satisfactory either but whatever the total
is, Livermore wants its fair share. He stated that he doesn't feel
this position is unreasonable.
Cw Tirsell stated that she remembers the resolution being in
preamble form and that on environmental grounds the Council felt
the total number of predicted population was high but if, indeed,
this was the fundable amount of people they were going to work with
and the number funding would be provided for, Livermore would request
its share in proportion to the amount we now have. Essentially this
was the statement adopted by the Council.
CM-30-36l
1
September 15, 1975
(Population Projections)
Discussion followed among the Councilmembers concerning numbers.
/--
Cw Tirsell explained that while the City may not agree with the
number set by the State Water Resources Control Board, we will
jabide by it and the number we intend to work with and we want our
fair share with respect to the funding.
/Cm Miller pointed out that the state may claim there will be a
.' .
)populatl.on of 149,000 but the EPA, controller of 75% of the money,
may not go along with this amount. He stated that he may be read-
ing between the lines but the EPA has indicated this rather strongly.
The EPA wants to do their own EIR and they want to examine the air
quality impact which implies they are concerned about the size of
the population. It would appear that the City of Livermore is
not the only body questioning the high figures. Everyone agrees
that Livermore should receive a fair share of the allocation but
it would be environmentally responsible for the City to speak for
ourselves and the people of the valley to say something if the
total allowed for the valley is too high. We are basing our own
program on the basis that air quality is a problem in the valley.
Cw Tirsell stated that as Cm Turner has pointed out our General
'. Plan for 1990 shows more people than what the City would like
and Cm Miller stated this is true but it is an arbitrary figure.
Discussion followed concerning the figures in the General Plan.
CM MILLER MOVED THAT THE COUNIL'S POSITION BE THAT LIVERMORE
WANTS EACH JURISDICTION TO 1) SHARE ANY INCREASED SEWER CAPACITY
AND TO SHARE IN THE PIPELINE, ACCORDING TO OUR PRESENT POPULA-
TION; 2) IN VIEW OF ENVIRONMENTAL PROBLEMS IN THE VALLEY WE
BELIEVE THE TOTAL POPULATION GIVEN BY THE STATE WATER RESOURCES
CONTROL BOARD, IS TOO HIGH. IF THIS IS STILL THE NUMBER THAT
EMERGES, LIVERMORE STILL WANTS ITS SHARE - WE WANT EQUAL GROWTH
RATES ASSIGNED TO EACH JURISDICTION. MOTION SECONDED BY CW TIRSELL.
Cm Turner stated that he will vote against the motion because he
doesn't like it.
Mayor Futch stated that he doesn't like the way the motion is
worded and will also vote against it.
Discussion followed concerning the motion and its implication.
Mayor Futch asked that this item be continued for one week.
Cm Miller explained that at present we have a 5 MGD plant and
1 MGD is 20% more than what we presently have. There are
9.5 MGD being used in the valley, as a whole and if everyone
in the valley would get a 20% increase this would be associa-
ted with a population of 130,000 and an 11.5 MGD capacity.
Cw Tirsell expressed concern that this attitude would translate
that Livermore wants to grow faster than Pleasanton and VCSD.
MOTION AND SECOND WERE WITHDRAWN.
ON MOTION OF CM MILLER, SECONDED BY CW TIRSELL AND BY UNANIMOUS
VOTE, THIS ITEM WAS CONTINUED TO NEXT WEEK.
REPORT RE TRAINING
PROGRAM - CALIF. HWY. PATROL
The California Highway Patrol provides areas of specialized
training available to outside police agencies and one of these
CM-30-362
September 15, 1975
(CHP Training Program)
is in the area of commercial enforcement. This training is
reimbursable and it is requested that the Council adopt a resolu-
tion authorizing execution of agreement with the California Depart-
ment of Highway Patrol.
ON MOTION OF CM MILLER, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE THE FOLLOWING RESOLUTION WAS ADOPTED:
RESOLUTION NO. 204-75
A RESOLUTION AUTHORIZING EXECUTION OF AGREE-
MENT (State of California Department of High-
way Patrol).
ORD. RE RS (Residen-
tial District -
Suburban Res. District
ON MOTION OF CM MILLER, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE
THE ORDINANCE AMENDING THE ZONING ORDINANCE RELATING TO RS DISTRICT
WAS INTRODUCED AND READ BY TITLE ONLY.
ADJOURNMENT
There being no further business to come before the Council, the
meeting was adjourned at 12:15 a.m. to an executive session to
discuss litigation.
d~ /~:L/-arJ
APPROVE ' Mayor
ATTESTYLwfff)t~j~
(. City Clerk
Livermore, California
Regular Meeting of September 22, 1975
A regular meeting of the City Council of the City of Livermore was
held on September 22, 1975, in the Municipal Court Chambers, 39
South Livermore Avenue. The meeting was called to order at 8:10
p.m. with Mayor Futch presiding.
ROLL CALL
Present: Cm Turner, Miller, Cw Tirsell and Mayor Futch
Absent: Cm Staley
PLEDGE OF ALLEGIANCE
Mayor Futch led the Councilmembers as well as those present in the
audience, in the Pledge of Allegiance.
CM-30-363
September 22, 1975
MINUTES
September 8, 1975
Page 336, next to last paragraph, third line from bottom should
read: can't afford not to take. We are not a small town anymore,
and....etc.
Page 331, last paragraph should be CEQA - not SEQUA
Page 329, fifth line should read: it anyway. While the hospital is
not exactly a public corporation it is...etc
Page 335, next to last paragraph, 4th line should read: The recipi-
ent City would gain the 60%...etc.
Page 340, 2nd paragraph, line 9: comma should be removed after the
word account.
Page 340, last paragraph, line 6 should read: is a chance of saving
it. However, he would ask that everyone consider...etc.
ON MOTION OF CM TURNER, SECONDED BY CW TIRSELL AND BY UNANIMOUS
VOTE, THE MINUTES FOR THE MEETING OF SEPTEMBER 8, 1975, were approved,
as corrected.
SPECIAL ITEM -
BICENTENNIAL CO~ll~ITTEE
Gib Marguth, Chairman of the Bicentennial Committee, explained that
the Elks have presented to the Bicentennial Committee a series of
parchment replicas of the Declaration of Independence, the Constitu-
tion, Bill of Rights, a draft copy of the Star Spangled Danner, the
Monroe Document and the Gettysburg Address. These items have been
displayed for the Council to see.
Mr. Marguth explained that these particular documents have been
singled out as particularly important documents for the Bicentennial
era which have been framed and mounted for presentation to the City
Council to be displayed at the Library or City Hall or distribution
in the City.
Mayor Futch thanked Mr. Marguth for presenting the documents.
Mr. Marguth stated that he has one other item he would like to
bring to the attention of the Council, which is the receiving
of a Certificate of Official Recognition designating Livermore
as a National Bicentennial Community. Accompanying the certifi-
cate was a letter indicating that a National Bicentennial Flag
has been sent to Livermore to be presented to the City's senior
elected official. The letter, certificate and flag was sent by
the American Revolution Bicentennial Administration.
The certificate and flag were presented to the City Council by
Mr. Marguth who explained that the Bicentennial Committee would
also like to present a reproduction of the original key to
Independence Hall and would like to request that the key be
mounted under the official designation that Livermore is a
Bicentennial Community.
Mayor Futch asked how the flag should be flown and Mr. Marguth
explained that it can be flown under the 50 star flag or under
the Bennington Flag or can be mounted in City Hall or flown at
the Library or fire station.
CM-30-364
I
September 22, 1975
(Bicentennial Events)
Mr. Marguth announced that the Bicentennial Committee will be having
an official Bicentennial costume ball on November 15th at the Vet-
erans Hall. They would request that every couple attending the
event should wear attire suitable for the era from 1472 through 1975.
The plans for the ball include a band which they feel is excellent and
that the evening should be superb. Tickets will be on sale soon
and will sell for $IO/couple.
In the past there have been suggestions for community fund raising
events and one of the items mentioned was the possibility of paint-
ing addresses on curbs in red, white, and blue. Mr. Marguth stated
that he feels this type of address identification is both useful
and attractive. The Boy Scouts and Girl Scouts have been contacted
and are considering the possibility of undertaking this project.
The Scouts would participate in the fund raising as would the
Bicentennial Committee and the two entrepreneurs who came to the
Committee with the proposal would pay for all the materials, do
the training and would share in the profits.
The Committee would like to propose that the curb painting be City-
wide because if it were done on a volunteer basis it would cover
only about 30% of the town. The Committee prefers that this be
done City-wide and then ask for donations for painting the curbs.
If people do not want their curb painted they can request that it
not be done. He stated that they would like this issue to be highly
publicized and if people do not want their curb painted they can call
a certain number and make this request. Otherwise, if someone isn't
home and they want their number painted it might not get painted.
In the event a number is accidentally painted on a curb when the
owner has requested that it not be painted, the Scouts will go back
and remove it.
Also, it is not expected that a 90-95% donation will be received
but the Committee would like the community to have the opportunity
to have this symbol in front of their home.
Cm Miller stated that he would like to know what the requested
donation would be and also what the division of profits would be.
Mr. Marguth explained that the requested donation will be $2
with 30% of the profits going to the Boy Scouts, 30% to the
Bicentennial and 40% to the group doing the training and provid-
ing the material.
>
Mayor Futch stated that the members of the Council appreciate
the fact that the Bicentennial Committee is a very active
Committee and that the members have been willing to give of
so much time and energy.
OPEN FORUM
(Encroachment Permit)
David Madis, 1011 Geneva, stated that he is the owner of property
at 2290 First Street and he would like permission to encroach
upon the City sidewalk for posts to support a balcony which will
have a large decorative sign attached to it.
Mayor Futch explained that the proper procedure would be for Mr. .
Madis to first go to the staff and allow them to present something
to the Council for a recommendation.
(Request Item on Agenda)
Barbara Hartley, 513 Brierly Court, asked that a resolution calling
for public information and discussions regarding the nuclear safe-
guards issue be placed on next week's agenda.
CM-30-365
I
Cm Turner stated that he would be interested in knowing what their
accounting practice is to determine profits and loss and Mr. Marguth
indicated this is a concern of the Committee and that the W~y~ and
Means Committee will be actively involved in the Project. ~i-~;~~'
,
September 22, 1975
(Agenda Item)
Cm Miller stated it is his understanding that this resolution
asks support for information meetings and he would like to see
it on the agenda next week.
The item will be placed on the agenda next week, as requested.
P. H. RE SOLID WASTE
MANAGEHENT PLAN FOR
ALAMEDA COUNTY
The City Council has declared that a public hearing be scheduled
on the Solid Waste Management Plan for Alameda County prior to
the County hearing scheduled for later this month.
Lois Hill, member of the County Solid Waste Advisory Committee,
stated that the Committee became uneasy as the time drew near
for the report to be submitted to the cities, special districts
and proper county agencies because the text was vague and there
was a lack of specific recommendations. In the spirit of SB-5,
the Committee chose to recommend that alternatives with the high-
est percentage of resource recovery be given first priority for
1980 and 1990. Mrs. Hill stated that she and her husband, with
the assistance of other interested citizens have prepared the
administrative plan which would place enforcement in the County !\ r
Heal th Department with a newly appointed commission to oversee ~J~/(aJ-' J-
the coordination of enforcement activities under the ~d of ~i, ' (J
Supervisors. Secondly, this would place planned e~reem~ inf
the hands of a separate joint powers board with a majority of the
members from the cities and special districts and a minority of
the members from the County. Specific tasks will be outlined by
the Committee in the near future. She stated that this plan has
built in safeguards and went on to explain the reasons she feels
the Council should favor this suggestion over that suggested by
Cm Miller.
Mayor Futch asked if the information presented by Mrs. Hill is
that of a subcommittee and it was noted that this is from the
Solid Waste Advisory Committee.
Mayor Futch stated that this is somewhat confusing because the
information before the Council is also from the Solid Waste
Advisory Committee.
Mrs. Hill explained that the information in front of the Council
is a staff prepared booklet which has not been completely approved
by the Committee. The material endorsed at the last meeting, which
she has, supersedes any administrative plan outlined in the book
before the Council. She stated that the plan she is presenting
to the Council is to be approved by over 50% of the cities as well
as the Board of Supervisors and the Council should give it serious
consideration.
em Miller stated that he too, like Mrs. Hill, is a member of the
Solid Waste Management Advisory Committee and the plan is a distil-
lation of the very fat stack of documents Mrs. Hill has shown the
Council as well as other background material she didn't show the
Council. The report represents a draft plan including administra-
tive aspects which describe some administrative items discussed
that the County staff prepared. The County staff, with interaction
with the Advisory Committee prepared this large volume of documenta-
tions and did an excellent job.
The Advisory Committee has gone over most of the aspects of the draft
plan and has not fully resolved all of the material in Section VIII.
CM-30-366
September 22, 1975
(Solid Waste Management)
The draft plan has some suggestions made by the staff in preparing
the document which the Committee discussed and there were differ-
ences of opinion by various members. As a result, at the last
meeting a preliminary recommendation was adopted as to how the
Advisory Committee would like to see the administrative structure
responsible for carrying out the plan and for its enforcement.
He stated that this was not exactly the same as the staff had
originally proposed and there was a counter proposal by Oakland
Scavenger who wanted a very different type of structure.
Cm Miller stated that Mrs. Hill presented a structure which was
not exactly a compromise between Oakland Scavenger and the staff,
but had good qualities from both. He stated that he would like
to mention that Lois has been a major contributor to the work of
the Committee even before she was appointed to the Committee and
since her appointment she has been the major force behind insisting
on resource recovery. with respect to the report Lois and her
husband prepared, the Advisory Committee recommended that the
County have a recovery facility that recovers 60% of the materials
in 1980 and 90% in the 1990's. The Committee also adopted the
general administrative structure with the following underlying
ideas: 1) that the enforcement and management/administration portion
be separated; and 2) that no major long- term commitment be made on
the part of public or private enterprise, until adequate studies
and comparisons are made of the efficiency and cost of collection
processing resource recovery, energy production and disposal. He
stated that this second point was the one in which he and Lois
differ on.
Cm Miller stated that what was adopted, as a preliminary recom-
mendation, has pieces of both - people who want all elected
officials, and what Lois has suggested for not having elected
officials. The structure of the preliminary recommendation con-
sists of a County Solid Waste Enforcement Commission which makes
sure all the County and State Health Departments and various regula-
tions are done without violating the law. The members for this
portion will be selected by the Board of Supervisors. A separate
Board will manage the actual plan itself.
Mayor Futch stated that Cm Miller has had the advanatage of serving
on the Committee and is familiar with all the details but the other
members of the Council might wish to review this on their own and
schedule another discussion later on.
em Miller explained that he is almost finished with his explana-
tion and would like the opportunity to continue for a moment.
The Solid Waste Management Board will have an administrator to
take care of the management of the plan. If there are public
agencies involved with Solid Waste Management it can operate
them and there would be a joint powers group made up of the cities
and the County. The Management Board and the Enforcement Commission
are separate - that's the key to Lois's proposal.
Cm Miller added that this recommendation supersedes any conflicting
portion of the fat document and, in particular, of the summary.
Cw Tirsell asked how this plan, if and when adopted, will affect
current and existing landfill applications and agreements on file.
Will these need to be reviewed and~ro ght into conformance?
&/.;.. " ofY
Cm Miller stated that if there is~' existing Class I dump, it has
been committed in the ~t ~nd .~long term commitments are to be
made in the near future~~his would continue under whatever
variances, etc. the County has allowed for the operation.
CM-30-367
September 22, 1975
Cw Tirsell felt it might be helpful for citizens to know that
one document is for comment and one is for reference.
Cm Miller explained that actually both are for comment - the
matter is very informative but very difficult reading.
em Miller added that Mr. Eggers, one of the staff members from the
County Planning Department is present this evening and perhaps he
might want to comment. He, among others, helped to prepare this
document.
Mr. Eggers commented that he has nothing to add to what has been
said but will be happy to answer questions.
Cw Tirsell stated that she would like to see a written document
she could compare with the report.
Cm Miller stated that eventually all of the Councilmembers will
receive a copy of the summary in addition to a copy of the pre-
liminary recommendation of the Advisory Committee.
Cm Miller stated that he would like this public hearing continued
rather than to close it.
Cm Turner stated that in the letter received from the County it
was mentioned that they need input by the 25th of september and
wondered if continuance of the public hearing would be reasonable.
Cm Miller stated that the County intends to hold its first public
hearing on September 25th but they expect to have other public
hearings into October and the last hearing is supposed to take
place the end of October.
ON MOTION OF CM TURNER, SECONDED BY CW TIRSELL AND BY UNANIMOUS
VOTE THE PUBLIC HEARING WAS CONTINUED WITH NO SPECIFIC DATE SET.
CONSENT CALENDAR
Report re
Ravenswood
The Chief Building Inspector reported that the Livermore City
Code provides for special permits to allow restoration of struc-
tures designated by the Council as being of historical signifi-
cance, without conforming to all of the requirements of the
Building Code under certain conditions.
It is recommended that a resolution be adopted declaring the
building at Ravenswood Park to be of historical significance.
RESOLUTION NO. 205-75
A RESOLUTION DECLARING RAVENSWOOD A HISTORICAL SITE
Report re Traffic
Signals - Coordination
In response to a complaint about signals at Fourth Street and
Holmes Street not being coordinated with the traffic signals
all along First Street, Mr. Lee indicated that this particular
intersection has been modified because of the special traffic
problems at this intersection. The problems at this intersection
are due to very heavy commute traffic and in the past there were
complaints about delays for the Fourth Street/Murrieta traffic.
CM-30~368
September 22, 1975
(Traffic Signals -
Coordination)
Mr. Lee reported that the signals could be interconnected with
the First Street signals to allow traffic flow through town and
out Holmes Street, including the Fourt Street/Murrieta intersec-
tion. A cost study has not been made on such a system required
to allow this but it would be quite expensive in comparison to
our normal traffic signal budget.
Minutes
The following minutes were noted for filing:
Greens Committee Meeting - July 17
Design Review Committee Meeting - September 10
Res. re Claim Settlement
The City Council adopted the following resolution authorizing settle-
ment of a claim against the City.
RESOLUTION NO. 206-75
A RESOLUTION AUTHORIZING SETTLEMENT OF CLAIM
(City v. Oliver D. Rohrback)
Departmental Reports
The Council reviewed the following departmental reports:
Airport - Activity and Financial for Fiscal Year 1974-75
Building Inspection - August
Golf Courses - Fiscal Year 1974-75
Mosquito Abatement - July
Municipal Court - July
Planning/Zoning Activity - June and July
Police and Pound Departments - August
Revenue and Expenditures - Fiscal Year 1974-75
Water Reclamation Plant - August
Payroll & Claims
There were 73 claims in the amount of $860,511.42, and 266 payroll
warrants in the amount of $91,894.33, for a total of $952,405.75,
dated September 16, 1975 and approved by the City Manager.
APPROVAL OF
CONSENT CALENDAR
Prior to approval of the Consent Calendar, Cm Turner stated that
he believes the operating expenses are higher than the last fiscal
year for the Springtown Golf Course and that the play has decreased
at Las Positas. He requested a detailed report concerning this matter.
ON MOTION OF CM MILLER, SECONDED BY CN TIRSELL AND BY UNANIMOUS
VOTE, THE CONSENT CALENDAR WAS APPROVED.
COVA LETTER TO
BART RE DISCONTINUANCE
OF BART SERVICE
The Council received a copy of a letter from COVA to the BART Board
of Directors objecting to discontinuance or curtailment of BART
services to the Livermore-Amador Valley. Letter noted for filing,
ON MOTION OF CW TIRSELL, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE.
CM-30-369
September 22, 1975
DISCUSSION RE POPULA-
TION PROJECTIONS &
SEWAGE FLOW CAPACITIES
The matter of population projections and proposed sewage flow
capaties was continued from last week's meeting.
Cm Miller stated that he read the entire report from LAVWMA and
the State Water Resources Control Board and found that it is not
consistent with the concept already adopted by the majority of
the Council.
CM MILLER MOVED TO ADOPT THE RESOLUTION PRESENTED TO THE COUNCIL
REGARDING WASTE WATER CAPACITY ALLOTMENTS IN THE PROPOSED LAVWMA
FACILITY, WITH THE FOLLOWING AMENDMENTS:
Under (1) in the resolves: delete the first three lines and
the first word (but) in the fourth line. The text will then
read: (l) Suggest reconsideration of the population rate pro-
jections so that 1) a uniform rate applies to the entire valley
community; 2) A more rational total population be established
that is consistent with environmental standards.
Cw Tirsell stated that the way the Council had the resolution
worded before was in preamble form and that what the Council
has in mind should be included in the WHEREAS categories because
if it is listed in the resolves it would be confusing with what
the Council wishes to resolve.
Cw Tirsell added that the statement before was that the Liver-
more Council would urge reconsideration of the total population
allocation for the valley in light of the environmental concern;
however, if the figure of 149,000 is to be used, we resolve: (1),
(2), (3), etc. It was a preamble statement indicating recogni-
tion that 149,000 is the number Livermore is working with but
on an environmental basis the Council would urge them to recon-
sider the number.
Mayor Futch commented that the Council is talking about the
capacity of the LAVWMA facilities and not the future population
of the valley, as a whole, except to the extent that their popula-
tion projections determine the capacity of the facilities. It
would seem that this is a simple matter of whether or not the
Council would support a facility of this size and this is what
he has tried to say. He stated that it is not a matter of
whether or not the City is in favor of the projected population.
He stated that he believes the Council would be "spinning its
wheels" to discuss the philosophy of what the population should be.
MOTION DIED FOR LACK OF A SECOND.
CM TURNER MOVED TO ADOPT THE RESOLUTION IN FRONT OF THE COUNCIL
WHICH WAS PREPARED BY MAYOR FUTCH. MOTION SECONDED BY CW TIRSELL
FOR DISCUSSION PURPOSES.
Cm Turner stated that he looked at the population figures as
being a guideline and not an absolute figure. Perhaps the
councilmembers are looking at the figures in the context that
we have to grow to that figure to receive our fair share. He
stated that he feels environmental conditions will dictate the
population base and the actual funding of any additional sewer
capacity for the valley.
Cm Miller stated that in his opinion it is unwise to build a
large facility beyond what a city should have on environmental
grounds. If you have a large facility there is a need to fill
it because it is too expensive to operate unless it is full.
CM-30-370
September 22, 1975
(Population Projections &
Sewage Flow Capacities)
Cm Miller added that this resolution does not suggest that the popula-
tion projections are too high, as was originally mentioned. In fact
the resolution states that the Council supports the disaggregated
E-O population projections.
Mayor Futch stated that the resolution says it supports the disaggre-
gated E-O population projections as far as determining the size of
of the facilities. Not all of this additional capacity would be used
for additional population.
Mayor Futch stated that the Council is in the process of approving
a General Plan that has a population of 80,000. The population
this would allot for Livermore is 63,500 and is only a fraction of
the population the General Plan will include. Not all of the
capacity will go for residential use and it is the Council's intent
to reserve capacity for industrial development. It would appear
that em Miller is suggesting reducing the population and imposing
additional restrictions on sewage capacity.
Cm Miller stated that the City is talking about a 20% increase for
everybody in the valley and this does not add up to 149,000 any way,
form, shape, or size. An additional 1 MGD is 20% of our existing
sewer capacity. Cm Miller stated that Mayor Futch is supporting
a disaggregated E-O population which is 149,000 and indicated that
he cannot understand how this can be supported when it is beyond
what is reasonable on air quality grounds. We can say, "if it
is going to be 149,000, we want our share". If the City says the
149,000 is too high and the population should be equivalent to an
additional 1 MGD he would have no objection.
Mayor Futch explained that he is saying he would support a facility
of the size that would accommodate a population of 149,000 but the
allocation does not need to go towards residential use.
Cm Miller stated that what Mayor Futch is saying is that the overall
capacity of this line, for the most part, is not under Livermore's
influence. If it is going to be determined by population Livermore
should have a big pipeline. A population of 149,000 based on 110,000
is approximately a 40% increase and our share at a 35-40% increase
corresponds with 2 MGD. If Livermore is to receive its fair share
of the disaggregated E-O it should receive a 2 MGD expansion.
Cw Tirsell stated that if the State Water Quality Control Board
says they will allow capacity for E-O (149,000) do they care how
the 149,000 is distributed?
Cm Miller indicated that this is not clear.
Cw Tirsell commented that the State Water Quality Control Board
indicated they would use the\pepartment of Pihahce E a GU1J w.i.ll .
not \:lac t.he. l\DAG fi9l:1re.!!. fH6AG.-~1/.-<...-~ t& dL~~ ~'/ / ,
iJ # ~~/'1
Cm Miller stated that they are using ABAG figures for 1972 with (fl._tfltt/if-
no environmental impact whatsoever.
/'
Cw Tirsell stated that she has no objection to including a statement
indicating that they have not included environmental concerns in
figuring their number. She stated that if Cm Miller wants to include
a statement such as this she would support it. The statement is to
notify people that the City does recognize the fact that the environ-
mental constraints were not figured into this number. The problem
is that the State Water Quality Control Board has already said they
will not review this number.
CM-30-37l
September 22, 1975
(Population projections
& Sewage Flow Capacities)
Cm Miller stated that what he wants to say is that Livermore wants
its fair share of the pipeline but that Livermore should also say
there should not be such a large number (149,000). With respect
to the State Water Quality Control Board, the decision about what
will be funded has not yet been made and the final decision is made
by EPA. The EPA has 75% of the funds for this project and if they
say they will not fund, the State Water Quality Control Board
is in trouble because they can't do it. Cm Turner added that
there simply is no way the City can justify supporting a figure
of 149,000.
Cw Tirsell stated that she still prefers to see the resolution in
preamble form but she can't support adding words, as suggested by
Cm Miller, under the resolves.
Cm Miller stated that he does not have to have his own wording and
would suggest the Council take a five minute break to think about
alternate wording.
Cw Tirsell asked the City Attorney if it would be proper to have
some wording in preamble form and it was concluded that it should
be listed with the "whereas" paragraphs.
RECESS
Mayor Futch allowed the Council a five minute recess at this time
after which the Council meeting resumed with all members present
as during roll call.
CW TIRSELL MOVED TO AMEND THE MOTION CONCERNING THE FIRST RESOLVE
TO BE STATED, AS FOLLOWS:
(1) Urge the State Water Resources Control Board to reconsider
disaggregated E-O population projections for the Livermore-
Amador Valley to include environmental considerations in
determining the capacity of the LAVWMA waste water treat-
ment facilities. We suggest reconsideration of the popula-
tion rate projections so that a uniform rate applies to the
entire Valley communities.
MOTION SECONDED BY CM MILLER.
Cw Tirsell explained that the ABAG figures do not include environ-
mental concerns in their projections and the City is notifying
them that we urge reconsideration on that basis and to reconsider
the rate in relationship to that reconsidered number.
Mayor Futch stated that LAVWMA is to make a decision at their
meeting tomorrow night and Livermore should not go to them with-
out a position.
Cw Tirsell and Cm Miller explained that the City does have a
position - the City doesn't agree with the l49,000 figure and
requests reconsideration.
Discussion followed among the Councilmembers concerning their
differences of opinion concerning the pipeline and what the line
would be used to service.
Cw Tirsell pointed out that in the past this position (as in
motion) has been presented to LAVWMA and that Cm Miller made
the presentation even though the position was contrary to his
position at that time. Cm Miller mentioned to LAm~ at that
time that he did not agree with numbers the majority of the
Council had in mind but he did an excellent job in presenting
the majority opinion. At that time Cm Miller favored only a
.5 MGD expansion while the majority voted for the 1 MGD.
CM-30-372
September 22, 1975
(Population Projections
& Sewage Flow Capacities)
Mayor Futch stated that he wouldn't want anyone to get the impression
he is in favor of smog or anything like that but the reason he feels
he cannot vote in favor of the motion is because he believes it would
be contrary to what the General Plan shows. The General Plan indica-
tes that we are planning for a 1-2% population increase while trying
to keep the capacity of sewage at a minimum. He stated that it is not
a matter of air quality because the environmental constraints are
still there.
Cm Miller stated that the ABAG numbers were done in 1971 at a time
there were very distorted growth rates throughout the whole region.
These figures were put into a model for 1972 and the Council at
that time disagreed with the model. There was no consideration
whatsoever for air quality and gave rise to the 149,000 prediction.
The point is that the growth rate and the assignment for the Valley
should be based on environmental considerations - this is what Cw
Tirsell's compromise statement says.
Mayor Futch stated that he would agree that environmental con-
sideration was not taken into account when the figures were
prepared.
Cm Miller stated that his concern is that if the City doesn't say
something about reconsideration of the figures, in essence, it is
agreeing with the prediction of 149,000. The City cannot reconcile
being against air pollution while at the same time agreeing with a
149,000 population figure.
Cm Turner stated that it is his understanding the motion would be
agreeing with the 149,000 and the amendment to the motion would
mean disagreeing with this figure.
It was noted that this is correct.
Cm Turner stated that this doesn't make any sense as far as he is
concerned because you can't go both ways.
Cm Miller explained that the 149,000 is without any concern for
the environmental consideration and that the line will be built
without this consideration. The State Water Resources Control
Board has refused to consider the environmental aspects. He
added that the EPA does have to approve the project but if Livermore
indicates it would support the 149,000, EPA may feel that everyone
wants the line and it is the Valley's problem. The EPA may feel
pressure to go ahead and allow the line. Cm Miller commented
that he really feels it is inconsistent to support the 149,000
while saying we are concerned about the air quality.
Cm Turner stated that he has faith in thEPA and does not agree
with the amendment to the motion.
AT THIS TIME THE AMENDMENT TO THE MOTION FAILED 2-2 (Cm Turner
and Mayor Futch dissenting).
Cm Miller stated that the amendment to the motion corresponded with
the position the Council adopted earlier and is discouraged that
the amendment did not pass.
Discussion followed concerning graphs the Councilmembers were
given for review showing bad years and good years with respect
to smog conditions in the Valley. ,
Cm Miller stated that one cannot consider an average year because
this would not satisfy federal standards - we get the bad years.
It just happens that this year we are lucky with air pollution low.
CM-30-373
September 22, 1975
(Population Projections
& Sewage Flow Capacities)
Cw Tirsell suggested that since the last amendment did not pass
possibly an additional whereas could be added, as follows:
WHEREAS, the Livermore City Council is cognizant
that the population predictions by the
State Water Quality Control Board do
not include environmental concerns, and
we would further urge reconsideration of
such predictions, and
'VHEREAS, we reluctantly accept the State Water
Resources Board....etc.
CW TIRSELL MOVED THAT THE ABOVE BE INCLUDED IN THE RESOLUTION,
SECONDED BY CM MILLER.
CW TIRSELL AMENDED THE WORDING TO THE WHEREAS SHE WOULD LIKE
INCLUDED, AS FOLLOWS:
WHEREAS, THE Livermore City Council is cognizant
that the population predictions by the
State Water Quality Control Board do not
include environmental considerations. We
would urge reconsideration of these pro-
jections.
THEREFORE, the Livermore City Council resolves to
(1) reluctantly accept the State Water
Resources Control Board ...etc.
AMENDMENT SECONDED BY CM MILLER.
Cm Turner and Mayor Futch indicated they could not accept this
amendment either, which was followed by discussion concerning
the wording.
Mayor Futch stated that what he wants to do is separate the
size of the facility from the amount of the population.
Cw Tirsell explained that her amendment includes everything in
the resolution prepared by Mayor Futch.
CM TURNER MOVED TO CONTINUE THIS ITEM UNTIL THE END OF THE MEET-
ING, SECONDED BY CW TIRSELL AND PASSED BY UNANIMOUS VOTE.
REPORT CONCERNING
PUBLIC TRANSPORTATION
Gib Marguth, from the Citizens Advisory Committee on Public Tran-
sit stated that the Council has a copy of the Committee's recom-
mendation which is basically a conclusion of the study the Council
directed the Committee to undertake with the support and assistance
of a special consultant on public transportation. It is recom-
mended that the Council adopt the recommendations of the consultant
to move forward with a transit program and that the program be
developed around a "dial-a-ride" system where there is both sub-
scription and dial-a-ride services offered throughout the day.
The Committee would strongly urge the Council to pay particular
attention to the cost estimates provided in the report and the
possibility for public support through a tax override for the
transit system. It is the opinion of the Committee that the
system can be initiated and carried out for the next few years
through subsidies and support of state and federal government.
In order to proceed in a systematic manner it is felt the City
Council should study all of the cost figures and ask the citizens
if they would be willing to support a transit system with a tax levy.
CM-30-374
September 22, 1975
(Public Transportation)
Cm Miller stated that he is still a little hesitant about the
concept of dial-a-ride but he believes it is important for the
City to have some type of transportation. He stated that he
would be willing to ask the citizenry to give this program a try.
Cm Miller added that he believes the City should prepare for an
election to allow up to .25 per $100. If the maximum were collected
it would amount to about $15-$20/year for a typical residence.
Cm Miller commented that if the City could be successful in provid-
ing for some type of public transportation it would mean that some
families could get along without the extra car which, for the most
part, is essential..-.~ ~L~ ~"-~ ,~~A_C.dL.z:,..;.~.
Cm Miller stated that, lastly, this is one of the mitigating factors
for improving our air quality and this matter should be offered
to the citizens for consideration; they will do what they feel
is right. If the City could logically endorse such a program it
might be accepted.
CM MILLER MOVED TO DIRECT THE STAFF TO WORK WITH THE CONSULTANTS
AND THE COMMITTEE TO PREPARE THE APPROPRIATE REFERENDUM HaRDING
FOR COUNCIL CONSIDERATION AT A FORTHCOMING MEETING, SECONDED BY
CW TIRSELL. MOTION PASSED UNANIMOUSIN.
Cw Tirsell commented that she would like to thank the people who
worked so hard on this Committee. The subject matter is difficult
and a lot of effort has gone into the preparation of a suggestion.
Cm Turner stated that he is concerned about the dial-a-ride system
because apparently it hasn't been successful in other cities.
The Council should also keep in mind that this could be very costly,
particularly if the City did not receive federal funding.
Cw Tirsell stated that obviously there is a need for a subsidy
because the City cannot provide a bus system without assistance.
Mr. Marguth commented that the consultants are convinced that the
City can proceed for some time without the need for a tax levy
in the community to support this kind of a transportation system.
He added that everyone has questions about dial-a-ride, fixed
routes, etc. and the politicians are going to have to respond to
the community in the form of answering questions advocating a
transit system of some type. This will have to be done in order
to impose a successful tax levy.
Mr. Marguth continued to say that the Committee believes that
by the process of submitting the matter to the public and asking
them for approval to proceed, the Council would have to become
the advocate of a transit system. In being an advocate the Council
will help lead the community towards what the Committee hopes will
be the right transit system. The Committee does not know if dial-
a-ride is the precise system that is right for Livermore. There
is no way to make sure that it is the right or wrong system but
the political leaders in the community giving support to this proposal
will make it a success or failure. The Committee feels strongly
that this should be submitted to the voters. People want to know
that the Council has analyzed the situation, understands the alterna-
tives and will lead the community in the right direction in a transit
~/ , system. The Committee feels this is an important issue which should
receive the full support of the Council and in turn the community
should respond and require the taxpayers to support the system.
The Committee feels the City should move ahead in this direction
and that the approach suggested by the Committee would be the proper
procedure as a beginning.
CM-30-375
September 22, 1975
(Public Transportation)
Cm Miller stated that he does not believe it is true that the City
could have a system like the one proposed without some type of
subsidy even though the consultant has indicated the City could.
Mr. Marguth stated that the Committee could make a recommendation
to accept the consultant's report and make application immediately
for funds to implement the system. The Committee has every belief
that funds could be obtained to purchase the equipment and operate
for a year or so; however, the day of reckoning will come and if
the political leaders of the community and citizens have not sup-
ported it or seen the need for it, it will not succeed. He stated
that the Committee believes one of the reason dial-a-ride has failed
in other communities is because the community does not really want it
or has not demanded it or did not participate. People have to want
it and be willing to pay for it when the time comes.
Barbara Shaw, member of the Transportation Advisory Committee, stated
that it is clear this program will have to be subsidized but it is
also important for the Council and community to realize that for a
long time we have been subsidizing the automobile. Also, we should
be aware of the difference between the capital grant and the operat-
ing grant. Both are available to the City but the program cannot
work without a capital grant. If it should happen that the City
does not receive our grants or if the costs are so high that grants
do not cover the cost, the program will simply fold. The City will
not have a huge expense on its hands. She stated that the Committee
views their recommendation as a cautious approach and it is felt that
people will ride the busses if they voted in favor of them.
Cm Miller noted that when a report comes back from the staff the
Council should have a public hearing.
Cw Tirsell stated that she has some concern about a public hearing
in which people may object to the proposed system and she intends
to vote for the motion which is that it is the intent of the Coun-
cil to place this matter on the ballot. If people indicate they
don't want it at the public hearing this will not change her
opinion that it should go to a vote of the citizens.
Cm Miller stated that it is true the Council will want this on
the ballot, regardless of the comments at the public hearing,
but their statements may determine the wording that should be
used for the referendum. The whole community should make the
decision as to whether the City should have the system.
Cm Turner stated that he is in favor of some type of public trans-
portation system but he would like to know if this is the proper
time to try to implement this type of program.
David Castro, stated that he would like to know if this program
would be owned and operated by the City or the public.
Mr. Parness commented that it would be owned by the public but
it hasn't been determined as to whether it would be publicly
or City operated.
Joanne Angvick, 2284 College Avenue, representative of the League
of Women Voters, stated that they support this proposal for public
transportation. The League believes that government, at all levels,
should encourage alternatives to the use of the private automobile
in order to conserve energy and improve the air quality. The League
approves of the use of federal tax funds for this purpose with an
increase in local property taxes as a last resort, if and when needed.
CM-30-376
September 22, 1975
(Public Transportation)
Public transportation is only one strategy in the campaign to clear
the air and save energy. The League is pleased to see that the Coun-
cil is considering this as well as other strategies such as user fees
for parking. One of the lessons of our times is that nothing is free
and that public subsidy of the automobile, through roads and other
facilities, has contributed to our current problem. A fair share
of public resources for transit and taxes or fees on driving and
parking can provide means to begin to alleviate air pollution.
Mr. Marguth stated that on behalf of the Committee he would like to
thank the City r1anager for the time and effort he has put into this
subject and the contribution he made to help the Committee move along
in its deliberation.
REPORT RE CAMERA PUR-
CHASE (Police Dept.)
The City ~1anager reported that tentatively, funds have been appro-
priated for the purchase of some camera equipment for the Police
Department. The Council, however, has requested more technical
justification prior to acquisition of the camera. A report from
the Chief of Police has been submitted to the Council for the
purpose of additional technical justification for this purchase.
Cm r1iller stated that the report reflects the views of the Police
Department and there is actually no backup from anywhere else that
would indicate that such an expensive item is required to do an
equivalent job. A lot of money is involved and Cm Miller indicated
he isn't sure that another type of less expensive camera wouldn't
do as good a job. Naturally the Police Department would like the
best equipment they can get but he would like to see some type of
backup indicating that this is really necessary.
Chief Lindgren stated that the need for this type of equipment
was recognized many years ago and with the increased rate of
crime and calls for service. When considering the best equipment
for purchase, other police agencies were contacted with respect to
the success of their various types of equipment as well as private
industry who use such equipment. The Police Department tried to
reach a realistic goal in terms of finances and noted that they
could have asked for equipment costing at least three times as
much as what they are asking for. He indicated that there are
few camera experts in the photography field and they need the type
of equipment that can be used by the majority of the officers.
This equipment should be the most durable, accurate and practical
equipment available.
Cm Turner mentioned that in the past Chief Lindgren has indicated
that at present the Police Department people have to go to Hayward
to pick up photos because Livermore doesn't have proper equipment
and he would like to know if the purchase of this equipment would
offset the cost of making trips to Hayward.
Chief Lindgren indicated that he believes the Police Department
has spent many times the amount of the purchase for the equipment,
in the past, by making trips out of town and waiting around for
photos.
Gordon Clark, a camera expert, explained that the Police Department
is not requesting particularly expensive equipment, as photography
goes. Personally, he has equipment at about seven times the cost
of the equipment the Police Department is asking for. He explained
that the equipment requested by the Police Department would be durable
and should hold up for many years under a great deal of use. There
are cameras that would be less expensive but probably wouldn't last.
CM-30-377
September 22, 1975
(Camera for Police Dept.)
Cm Miller commented that he won't object to the purchase of the
equipment requested by the Police Department but feels just a
slight objection to the amount to be spent on the equipment.
CW TIRSELL MOVED TO APPROVE THE REQUEST BY THE POLICE DEPARTMENT
FOR PURCHASE OF CAMERA EQUIPMENT, AS APPROVED IN THE BUDGET.
MOTION WAS SECONDED BY CM TURNER AND PASSED UNANIMOUSLY.
RECESS
Mayor Futch called for a brief recess after which the meeting
resumed with all members of the Council present, as during
roll call.
REPORT RE MODIFICATIONS
TO GENERAL PLAN MAP
The Planning Director reported that in accordance with the
instructions of the City Council, the staff met with the
General Plan consultants to review the preliminary General
Plan map. The map has been revised to show future multi-family
and neighborhood/highway commercial areas in a more generalized
manner using appropriate symbols.
Mr. Musso indicated that the staff and Planning Commission have
reviewed the modifications and Mr. Musso explained the method
by which multiple units can be recognized on the map. This
was followed by discussion concerning various items illustrated
on the map such as the multiple areas, collector streets, open
space and commercial/industrial areas.
The Planning Commission has suggested a 1~-2% maximum population
growth, recognizing that it may be less because of the sewage
capacity problem.
Cm Miller stated that as he recalls, the last time the Council
discussed this item, it was concluded that there would be a 2%
growth rate for the next five years. r,d~~ I
#ft~/(!./
Cw Tirsell felt the Council needs to have a discu si n with the
Planning Commission's recommendation in front of hem because
the consultants felt they could not support the~ growth rate.
However, if the Council agrees, in concept, with what has been
revised on the map it would seem to be a separate issue. It was
her understanding that the Planning Commission recommendation
would be in front of the Council tonight and she would prefer
to discuss it when there is a recommendation in writing. Also,
Cm Staley is not present and perhaps it would be best to discuss
this item when there is a full Council.
Cm Miller expressed concern for all the development indicated north
of I-580.
Cw Tirsell commented that the consultants stressed that various
parts from three maps will be used and if one thinks of a city
as having various communities within it there is not a real
community north of I-580. Until this area is filled in and
made a community, it will always be a II stunted " community.
On the south side of I-580 the City is doing in-filling which
is a mitigating measure the City is taking to consolidate the
area south of I-580. This statement could be made about the
north side. North I-580 will be made a viable community within
the City, all its own. She stated that she believes it is very
important for them to have a population base to warrant a high
school, for instance, and a library. New population is to create
viability on the north side of the freeway.
CM-30-378
September 22, 1975
(General Plan Map)
Cm Miller pointed out areas of concern, on the map, north of I-580
mentioning that there are areas designated for growth that would
be hard to service.
Cw Tirsell stated that if one thinks about how the area north of
the freeway should be rounded out, whatever year, the two "wings"
of the City should be connected - if only by a circulation route.
You do not accomplish a circulation route until the population is
there.
Cm Miller indicated that according to the map and the plans, one
of the areas will be isolated.
Cw Tirsell stated that she is satisfied with the map and it would
appear to provide for a well-rounded community north of the freeway.
THE COUNCIL CONCLUDED THAT THIS MATTER SHOULD GO BACK TO THE P.C.
WITH THE REQUEST FOR A RECm-1JllENDATION CONCERNING THE GROWTH RATE.
REPORT RE BEAUTIFICA-
TION OF PORTOLA &
MURRIETA & PROPOSED LEASE
Mr. Trotter, of the Planning Department, submitted a written report
indicating that Mr. Mehran has agreed to pay a portion of the cost
for leasing a vacant lot located at the corner of Murrieta Boulevard
and portola Avenue which would accommodate an off-tract sign for
Sunset Homes and would be beautified by the City, at the request
of the Beautification Committee. The cost of the lease would be
$1,200/uear and Mr. Mehran has agreed to pay $lOO/month for as long
as he is in need of the sign.
The Beautification Committee recommends that the Council form an
agreement with Exxon to lease the lot and in turn lease the sign
area to Sunset Homes for an off-tract sign.
Cw Tirsell stated that she is in substantial agreement with the
beautification of that particular site but she has some reservations
concerning the sign to be located in that area. That lot is not
within the City limits and it would not have to conform with our
ordinance. The City has gone through all the problems of getting
the sign at the airport into conformance. The City felt it should
enforce its own ordinance in the case of the sign at the airport
and in her opinion this is a similar case. Although it would be
an expense from the Park Fund to beautify this corner if the cost
is not supported, she would still maintain it is a necessary
beautification project to an entrance to the City. She would
recommend that the site be adopted, omitting the sign.
/'
Cw Tirsell commented that originally when the Beautification Com-
mittee proposed that the City purchase this property it was found
to be prohibitive from the standpoint of cost. The matter was then
referred to the Beautification Committee who investigated the possi-
bility of leasing and it was found that this arrangement would be
satisfactory with Exxon, the owners. We do intend to lease the
property and the Beautification Committee has found a way to finance
this project but it would mean City support of a sign that our ordi-
nance does not permit. She would approve of this as a beautification
project but she simply cannot support a sign that the ordinance does
not permit.
Cm Miller stated that he feels the Beautification Committee should be
commended for finding a way to support the cost but would have to
agree with what Cw Tirsell has said about the sign. The City has
spent nine years trying to eliminate off-site signs and there is
only one left in the City.
CM-30-379
September 22, 1975
(Beautification of
Corner - Murrieta/Portola)
Cw Tirsell stated that we have written the County to ask them to
abate the freestanding signs on their land and would be concerned
about our legal position if we were to allow one on our land.
Cm Miller added that the County has indicated that if the City
gets rid of its off-site signs, they will remove theirs. The
County is waiting for the opportunity to erect more signs and
if Livermore were to allow an off-site sign this might allow
them the opportunity for more County signs.
CW TIRSELL MOVED THAT THE STAFF BE DIRECTED TO FORM A LEASE
AGREEMENT WITH EXXON FOR THE BEAUTIFICATION OF THIS LOT AND
THAT THE BEAUTIFICATION COW~ITTEE BE ALLOWED TO GO AHEAD WITH
THEIR PLANS, AS SOON AS POSSIBLE. MOTION WAS SECONDED BY CM
MILLER.
Ayn Weiskamp, member of the Beautification Committee, explained
that the main concern of the Committee is being able to beautify
that spot. If the City prefers to pay the cost of the lease they
have no objection.
The City Attorney commented that the Council might want to men-
tion that it considers expenditure of public money for that
site, a public purpose.
Mayor Futch stated that this is one of the main entrances into
the City and the Council feels it is very important to beautify
this area that is heavily traveled.
Cm Miller stated that it has been said many times that the
initial image of a city is very important in the decision of
whether or not people want to locate a business in that city.
Not only does an attractive entrance give citizens a sense of
pride in their community but it also is advantageous in attract-
ing commercial and industrial business.
Cw Tirsell stated that it is important, also, in our continuing
discussion with the County on the planning of this area, that
the County is content to piecemeal and develop that area one
by one without any overall plan for the area. Whatever use
comes to them, they allow by amending their general plan or what-
ever is necessary to accommodate the use. Our City takes a dif-
ferent view of that area and we are trying to make it both useful
and beautiful. This is the underlying issue the City tries to
present each time a piece of land is to be developed for some
type of use by the County. If the County continues their
method of allowing the uses and zonings, they are destroying
what the City is trying to plan, as fast as the City is able
to plan it. At least this is a statement that indicates Liver-
more really is concerned with what happens in this area with
respect to planning, that this is visually important to our
community as all other parts of that area and why the City
is continually in front of the County and why Livermore con-
tinues to stress that the entrances to our City are important
to us and integrated with our City.
CW TIRSELL RESTATED THE MOTION THAT THE STAFF PREPARE THE LEASE
AND BRING COST ESTIMATES FOR PARTIAL BEAUTIFICATION OF THE SITE
AND TO ASK THE BEAUTIFICATION COMMITTEE, UPON EXECUTION OF THE
LEASE, TO PROCEED. MOTION PASSED BY UNANIMOUS VOTE.
CM-30-380
September 22, 1975
REPORT RE PART-TIME
EMPLOYEE FOR LIBRARY
The City Manager reported that the City Librarian has requested
that a former technical processing librarian be allowed to work
at the library on a part-time basis.
The City Attorney has advised that in order for a retired person
to qualify for retired allowances, one may not work more than 60
days per year.
The Librarian would like approval to employ this person for a
maximum of 8 hours per week which would not exceed the allowable
60 working days per calendar year.
~1r. Parness reported that this person has exceptional qualifications
that the City does not want to lose but by virtue of her retirement
the concern was the conflict with the state statute as to her retire-
ment allowances. This is not a budgetary consideration because there
is sufficient money in the personnel section of the library budget
to cover the cost of this employee on a part-time basis.
The City Attorney explained that this would be an appointment by
the appointing authority, Mr. Parness, and no formal action is
required of the Council.
Mr. Parness asked that the Council adopt a motion stating that they
have no objections to the employment of Mrs. Shields in accordance
with the circumstances mentioned.
ON MOTION OF CM MILLER, SECONDED BY CW TURNER AND BY UNANIMOUS VOTE,
THE COUNCIL APPROVED THE APPOINTMENT OF MRS. SHIELDS FOR PART-TIME
EMPLOYMENT AT THE LIBRARY.
REPORT FROM P.C.
RE PUD PERMIT PROCEDURE
ON MOTION OF CW TIRSELL, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE, THE REPORT FROM THE PLANNING CO~~1ISSION CONCERNING THE PLANNED
UNIT DEVELOPHENT PERMIT PROCEDURE WAS ADOPTED.
REPORT FROM P.C. RE
COUNCIL REFERRAL RE
OS-UR ZONING
The Planning Commission reported that in considering the referral
from the City Council on the proposed changes to the OS-DR Zoning
District, the Planning Commission did generally concur with the
changes proposed by the City Council.
ON MOTION OF CM MILLER, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE, THE RECO~~1ENDATIONS OF THE PLANNING CO~~ISSION l~RE ACCEPTED.
P.C. SU~~.~RY OF ACTION
ON MOTION OF CW TIRSELL, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE, THE SUtfr~RY OF ACTION TAKEN BY THE P.C. FOR THE MEETING
OF SEPTEMBER 16, WAS NOTED FOR FILING.
REPORT RE PROPOSED FEE
STRUCTURE REVISIONS
RE ZONING ORDINANCE
The Director of Planning submitted a report concerning the proposed
fee structure revision concerning the Zoning Ordinance.
CM-30-38l
September 22, 1975
(Proposed Fee Structure
Revisions Re Zoning Ordinance)
Mr. Musso pointed out that there was somewhat of an increase in
the fees, particularly in the Zoning Use Permit area and the
matter of a use permit arises very seldom.
Cw Tirsell commented that she was in substantial agreement with
the recommendations made by the Planning Director and in par-
ticular the discussion that the fees charged are not the absolute
costs because most of the applications received are made by local
residents for additions to their homes which the standard fee
covers. Cw Tirsell added that she feels the Planning Director
had good justifications that were consistent in determining the
fees.
CW TIRSELL MOVED THAT ON THE BASIS OF THE REASONING AND CONSIS-
TENCY THE ORDINANCE BE ADOPTED.
Cm Turner questioned the possibility of waiving certain fees in
some cases and wondered what the legal position would be in these
instances.
Mr. Logan commented that the Council can do what it wants if there
is justification for waiving a fee but would caution the Council
~ before this is done the Council might want a cost justifica-
tion since this is not intended to be a revenue producing method.
The cost is to cover the services of the Planning Department.
Mr. Musso pointed out that the fees are the same as they were in
the past but a different method of calculating the fee has been
recommended. If the Council prefers a change in the fee amount
this could be considered. The dollars adopted by the Council in
the past are being used and this has not been changed. The pub-
lic hearing cost is to be paid by the applicant however and this
might range from $20 to $50 for the legal publication.
Mayor Futch suggested that this matter be referred back to the
staff for a cost analysis and the legality of waiving the fees
in certain instances.
Cm Miller commented that there has been the suggestion that home
occupation permits and variance permits not be allowed for only
half of the fee and he would agree with this. Secondly, most of
the fees for the permits are about the same with the exception
of the PUD permit which is a lot less. The PUD permits cost the
staff a lot of time and he cannot believe that it would correspond
with less money being spent for pun permits.
Mr. Musso explained that is the same amount of money because the
cost of the public hearing publication will be charged to the
applicant. The PUD permit is $200 in addition to another $30 or
$50 for the legal publication, so this will stay about the same.
Also, in almost every PUD permit application there is a tentative
map involved and the applicant pays the fee on the map in addition
to the administration of processing the permit so there is really
a double fee on the PUD permit.
Cm Miller felt the $250 is too little money in view of the amount
of work that is involved in the processing.
AT THIS TIME CW TIRSELL WITHDREW THE MOTION.
CM MILLER MOVED TO DIRECT THE STAFF TO EXAMINE THE JUSTIFICATION
FOR THE FEES, MAKE A RECOMMENDATION ABOUT ANY COST OF LIVING IN-
CREASES AND TO PREPARE A DRAFT ORDINANCE WHICH INCLUDES HOME OCCU-
PATIONS AND VARIANCES AT THE REGULAR RATE. MOTION SECONDED BY
CW TIRSELL AND PASSED BY UNANIMOUS VOTE.
CM-30-382
September 22, 1975
MATTERS INITIATED
BY THE STAFF
(Res. Auth. Settlement
of La,.,sui t - Zepol)
The City Attorney asked that the City Council adopt a resolution
authorizing settlement of a lawsuit (City v. Zepol) which has been
distributed to the Council.
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE
THE RESOLUTION WAS ADOPTED.
RESOLUTION NO. 207-75
A RESOLUTION AUTHORIZING SETTLEMENT OF LAWSUIT
City v. Zepol (Rollo and Glenna Jackson)
Grade Separation Project Parcel #14
MATTERS INITIATED
BY THE CITY COUNCIL
(Request for Agenda Item)
Cm Turner stated that he has had calls concerning the penalty on
the business license fee if someone is late. He asked that this
item be placed on the agenda for discussion purposes.
Cw Tirsell commented that there is a committee reviewing the business
license fee, in general, and would suggest that this matter be refer-
red to them as well. The Council concurred.
(Money OWed to City)
Cm Miller stated that Mr. Mehran owes the City something in the order
of $65,000 and would suggest that the City continue to pursue the
payment of this money owed to the City.
(Legislative Items)
Cm Miller stated that a legislative bulletin has been received from
the League of California Cities asking for opposition to AB 188 and
SB 662 through a letter of opposition to our governor.
AB 188 has to do with developer fees and SB 662 relates to exemption
from the business license fee in certain categories.
(Oakland Scavenger
Contract - Agenda Item)
Cm Miller stated that there has been talk about awarding Oakland
Scavenger a 25- year contract and he would like to see this item
placed on the agenda for discussion.
(ACAP Meeting)
Cw Tirsell reported that there will be an ACAP meeting held in the
Valley for Valley residents to give input to the ACAP Administrative
Board and the ACTEP Advisory Council with respect to needs for making
your community a better place in which to live. This input will be
used when considering use of funds for various projects.
CJ\1-30-383
September 22, 1975
(LAFCO Court
Hearing>
Mr. Logan commented that LAFCO is asserting that the hearing for the
Sphere of Influence will begin November 6th.
Cw Tirsell asked if the Council can expect a staff report that the
Council can react to by that time and Mr. Logan indicated that he
believes LAFCO will have a staff report available.
Cw Tirsell asked if Mr. Parness could communicate with LAFCO to
find out if there will be a staff report available before the meet-
ing.
Mr. Parness stated that he has posed this question and has been told
that the Council will receive a copy of the report approximately one
week before the hearing.
Cw Tirsell wondered if, at that time, the City could request recon-
sideration of our request for the Sphere of Influence to be included
with the staff re~ort. Also Cw Tirsell mentioned that she had
asked for a list of the property owners requesting elimination from
our Sphere and wondered how much work this will take.
~1r. ~1usso explained that with respect to what has transpired between
the property owners and the City the best source would be his files
and his memory but the difficult item might be getting the list of
all the property ownerships requesting elimination and this might
mean a trip to the County. She added that if 100 people are going
to testify at one of the hearings it would be worthless for the City
to ask Grunwald-Crawford and Associates to testify but perhaps they
could be asked to offer input at one of the hearings.
ADOPTION OF ZOo ORD.
~lEND. RE RS DISTRICT
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE,
THE ORDINANCE AMENDMENT CONCERNING SECTION 5.00 (RS District) WAS
ADOPTED BY THE ORDINANCE.
ORDINANCE NO. 870
AN ORDINANCE AMENDING ORDINANCE NO. 442, OF THE CITY OF
LIVERMORE, AS AMENDED, RELATING TO ZONING, BY THE REPEAL
OF SECTION 5.00, RELATING TO RS - RESIDENTIAL DISTRICT,
AND THE ENACT ION OF CHAPTER 5.00, RELATING TO RS - SUBUR-
BAN RESIDENTIAL DISTRICT.
WEEKLY CITY MANAGER
STATUS REPORT
Housing & Community Develop. Act
Mr. Parness reported the staff has met with the people concerned
with the Housing and Community Development Act to discuss the
City's application. There are concerns as to whether or not our
program will be allowed over the three year term and will require
a substantial amount of money and there is a question as to whether
or not this will be reimbursed. HUD Officials are impressed with
our proposed project but our answer resides entirely within the
County Board of Supervisors. This program is under the auspices
of the County and they must approve construction and the annual
application. The first year's application has been approved and
the second year's application will require filing around March of
1976. What we want is some type of confirmation as to the third
year's allocation and the County staff does not anticipate problems
for the third year either.
CM-30-384
September 22, 1975
S. P. Property
Last week Mr. Parness met with the people from Southern Pacific
Development Company. S.P. has retained a new Senior Vice President
for the purpose of representing them and their property development
for commercial purposes. This man has been a mortgage banker, an
appraiser and has a remarkable background in business, industry
and commerce. This person is very impressed with Livermore and
what has happened thus far with the S.P. property.
Mr. Parness indicated that he was very pleased to hear that they
are planning the second phase of their improvement for the area
that goes from "P" Street to "L" Street and have preliminary plans
of this area.
Taxi Service
In the first three days of the new taxi service available for senior
citizens, two people have enrolled. Hopefully the press will remind
senior citizens to contact City Hall to find out if they qualify.
The City has the money and would like more people to take advantage
of this program.
Tour of Public Works Facilities
The Industrial Advisory Board spent an afternoon last week visiting
some of our public works facilities and the program. They apparently
enjoyed this tour which was very informative to them. The reservoir
sites, water treatment plants and water reclamation plant were visited.
CONTINUATION OF DISCUSSION
RE POPULATION PROJECTIONS
& SEWAGE FLOW CAPACITIES
Cm Miller stated that he would like to add an amendment to the motion
to include that the CITY COUNCIL WILL ACCEPT THE FINAL NUl',mER THAT
IS CONSISTENT \^lITH THE ENVIRONHENTAL CONSIDERATION.
CW TIRSELL STATED THAT AFTER THE "~'lliEREAS II INCLUDE THE SECOND SEN-
TENCE:
We would accept a total valley population number that is
consistent with environmental considerations.
Cm Miller stated that this statement replaces what Cw Tirsell had
as "reluctantly" agrees, etc.
Mayor Futch voiced objection to the amendment indicating that he
isn't sure what the Council is suggesting.
Cm Miller stated that there is a City smog report that says that
without very complex mitigating measures there should be no more
growth in the Livermore Valley. A report from A. B. Little says
the same thing.
Mayor Futch stated that what Cm Miller is asking for is zero popula-
tion.
Cm Miller stated that from a personal standpoint, zero would be con-
sistent but he is not asking that the Council adopt his personal
view. However, from the reports the City has, 149,000 is not con-
sistent and there is no way one could conceive of 149,000 being
consistent; zero growth is.
CH-30-385
September 22, 1975
(Re Population Projections &
Sewage Flow Capacities)
Cm ~1iller stated that the point is there are different days with
respect to the amount of smog and the federal standards are still
being violated. The whole point of the Clean Air Act is that we
are supposed to meet the federal standards. We are supposed to meet
them in 1977 but we can't do it. It is clear that 149,000 is not
consistent with meeting the federal air quality standards - even
in 1990.
Mayor Futch stated that he is not referring to a population of
149,000 as much as what the capacity of the line should be to
accommodate 1 MGD for industrial and commercial use. If we don't
get the additional 1 MGD then what will we do for industrial/commer-
cial development?
Cm Miller stated~that Mayor Futch's point for Livermore is reason-
able but not reasonable with the aspirations of Pleasanton or VCSD.
They will try to take the additional capacity away from Livermore
and this is the whole point of trying to obtain equal share.
Cm Turner stated that he is going to go back to his original position
expressed early in the meeting - to approve the resolution written
by Mayor Futch.
THE MOTION MADE BY CM TURNER EARLIER IN THE MEETING WAS TO ADOPT
THE RESOLUTION PREPARED BY MAYOR FUTCH WHICH HAD BEEN SECONDED BY
CW TIRSELL.
CW TIRSELL THEN AMENDED THE MOTION TO READ AS FOLLOWS, WHICH HAD
BEEN SECONDED BY CM TURNER EARLIER IN THE MEETING:
~mEREAS, The Livermore City Council is cognizant
that the population predictions by the
State Water Resources Control Board do not
include environmental considerations. We
would urge reconsideration of these pre-
dictions.
THEREFORE, the Livermore City Council resolves to
(1) Reluctantly accept the State Water
Resources Control Board disaggregated E-O
population projections for the Livermore-
Amador Valley as the basis for determining
the capacity of the LA~~ waste water
treatment facility but suggest reconsidera-
tion of the population rate applies to the
entire valley community;
Cw Tirsell explained that this still gives the 149,000 but indicates
"reluctantly", and continues with the resolution exactly the way it
has been prepared by Mayor Futch.
The Council discussed the amendment and the fact that "reluctantly"
accepts" refers to the figure 149,000. The Council realizes that
this is the figure which will probably be used but the Council
doesn't agree with the figure.
Mayor Futch stated that he agrees the Council reluctantly accepts
this population figure but the size of the facility doesn't have
to correspond to the size of the population.
Mayor Futch suggested that the Council indicate it reluctantly
accepts the population figure but agrees to the LAVWMA facility.
CM-30-386
September 22, 1975
(Re Population Projections &
Sewage Flow Capacities)
Cm Miller and Cw Tirsell felt the size of the facility is definitely
related to the number of population and did not agree with what the
Mayor was trying to point out.
Cm Miller pointed out that this Council is concerned about the popula-
tion allowed in the valley; however another Council down the line
might not be and with the size of pipeline proposed there could be
as much population as the line would serve. We intend to try to
use the line for commercial or industrial development but someone
else may allow all kinds of population by allowing the line to be
used for residential development instead of the commercial/industrial.
Cw Tirsell stated that the pipeline will not be the only factor limit-
ing growth and that there are many ways to get around this but she
feels using a figure of 149,000 for the valley is not realistic and
they were supposed to have estimated a reasonable number of people
for the valley in determining the size of the pipeline. If they
haven't taken environmental concerns into the projections then they
haven't realistically looked at the situation.
AT THIS TIME CM TURNER CALLED FOR THE QUESTION AND THE AMENDMENT
TO THE MOTION PASSED 3-1 (Mayor Futch dissenting) .
MAIN MOTION PASSED 3-1 (Mayor Futch dissenting) .
RESOLUTION NO. 208-75
A RESOLUTION REGARDING WASTE WATER CAPACITY ALLOTMENTS
IN THE PROPOSED LA~~1A FACILITY
ADJOURNMENT
Mayor Futch adjourned the meeting at 12:30 a.m. to an executive
session to discuss legal matters.
APPROVE
~ //c {dV
ayor
ATTEST
~~u-'~~
Depu y City er
Livermore, California
CM-30-387
Regular Meeting of September 29, 1975
A regular meeting of the City Council of the City of Livermore was
held on September 29, 1975, in the Municipal Court Chambers, 39
South Livermore Avenue. The meeting was called to order at
8:00 p.m. with Mayor Futch presiding.
ROLL CALL
Present:
Absent:
Cm Turner, ~1iller, Staley, Cw Tirsell and Mayor Futch
None
PLEDGE OF ALLEGIANCE
Mayor Futch led the Councilmembers as well as those present in the
audience, in the Pledge of Allegiance.
MINUTES
September 15, 1975
Page 353, 4th paragraph from bottom, line 5: strike with limitations
Page 353, last paragraph should read: It is not possible to use
gas tax funds or park funds to provide off-street parking.
P. 347, under (Kiosk) item, the last sentence should read - end
of line 5: Since it is the City policy there be no off-site sign, t,
there should be communication with the Beautification Committee ask-
ing that they reconsider the Exxon lease matter.
P. 351, the last paragraph prior to items 1), 2), etc. should read:
Mr. Corbett stated that the Downtown Merchants Committee and the
Chamber of Commerce feel that the following recommendations should
be adopted:
P. 360, first paragraph, line 4: Cm Miller, as one of two alter-
nate representatives, did express, etc.
P. 362, after first sentence, add testimony of Cm Turner:
Cm Turner stated that in the General Plan there are figures of
80,000 for the City of Livermore in the year 2000. It was noted
that this figure is artificial and nobody on the Council feels
this figure is what should be used. Cm Turner asked what the
Council means when it says they will accept the figure for 1996
but they don't like it.
Cw Tirsell explained...etc.
Cm Turner asked how the figure will tie into our General Plan
and Cw Tirsell explained that not all of our effluent goes down
the pipeline.
Cm Miller pointed out...etc.
Prior to the motion, add the following sentence:
Cm Turner stated that he cannot support the statement because
he doesn't feel comfortable about the 80,000 for the year 2000.
Someone may come back and say your population in 1996 is 63,575,
and the total capacity for the Valley is 149,000 - you think
that is too high but you set a General Plan figure of 80,000.
Cm Miller explained that the 80,000 is an estimate and if the
sewers don't allow it or the air quality doesn't allow it, that
CM-30-388
September 29, 1975
(Minute Corrections)
80,000 is a number that shimmers in the distance and that point
just has to be made clear in the General Plan, and we may not
reach 80,000 by 1996.
ON MOTION OF C~'1 TIRSELL, SECONDED BY C~1. TURNER AND BY UUANIMOUS
VOTE, THE MINUTES FOR THE l'lEETING OF SEPTE!4BER 15, 1975, WERE
.APPROVED, AS CORRECTED.
OPEl>! FORUH
(El Charro Road)
Ray Faltings, 1018 Via Granada, stated that he would like to
speak to the Council about the possible opening of El Charro
Road to the public. He \'1ould like the Council to keep in mind
that if El Charro Road is opened to the public this may negate
the possibility of getting Isabel Avenue as a bypass for the City.
He added that Lilianthal Road can be used by both Cal Rock Company
and Ideal Rock Company to get to I-S80 or I-68D. The El Charro
Road overpass was requested because the accident rate at I-S80,
where the gravel trucks crossed, was about as high as the accident
rate at I-S80 and First Street. Both overpasses were constructed
to protect the public.
Cm ~1iller noted that he believes the points mentioned by Mr.
Faltings should be investigated and reported on by our staff.
Cm Turner commented that it might save some time to know that
CaVA is doing a study that will include the concerns mentioned
by Mr. Faltings and that the study will be submitted to the
COVA Chairwoman, Cw Tirsell. ~1r. Musso is in the process of
preparing information for the study.
CONSENT CALENDAR
Report re Limited
Parking Zone
The Director of Public ~'Jorks reported that the merchants along
lip" Street from First Street to Railroad Avenue have requested
that a two-hour parking zone be established. In accordance
with the City Code a limited parking zone may be established
and it is recommended that a resolution adopting the limited
parking be adopted.
RESOLUTION NO. 209-75
A RESOLUTION AMENDING RESOLUTION NO. 129-72,
AS AMENDED, RELATING TO LHHTED PAP-KING ZONES,
BY THE ADDITION OF A TWO-HOUR LIMITED PARKING
ZONE, TO WIT, P STREET BETWEEN FIRST STREET
AND RAILROAD AVENUE, CITY OF LIVERMORE.
Report re Encroachment
Permit - Cultural Arts
~ The Cultural Arts Council has requested an encroachment permit
to allow closure of certain streets in the vicinity of the
Carnegie Building for the 7th Annual Festival, on October 4th
and 5th, 1976.
Cm Turner noted that he would urge that the Police Department
pay particular attention to traffic control problems which
might occur on 4th Street as a result of streets being closed
on these days.
C"l- 3 0- 3 8 9
September 29, 1975
Payroll & Claims
There were 125 claims in the amount of $364,280.39, dated Sep-
tember 22, 1975, and approved by the City Manager.
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM MILLER, SECONDED BY CW TIRSELL AND BY UNANIMOUS
VOTE, THE CONSENT CALENDAR WAS APPROVED.
COMMUNICATION RE
ARTICLE FROM GENERAL
AVIATION MAGAZINE
A letter was received from the Chairman of the Airport Committee
with the enclosure of an article from General Aviation Magazine.
ON MOTION OF CM MILLER, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE, THIS ITEM WAS NOTED FOR FILING.
COMMUNICATION RE AB 625
A letter was received from S. Floyd Mori indicating that AB 625
will be reconsidered by the Senate when the LegiSlature reconvenes
in January, and hopefully problems will be corrected and the bill
will pass at that time.
ON MOTION OF CW TIRSELL, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE, THE LETTER WAS NOTED FOR FILING.
REPORT RE REQUEST BY PROPERTY OWNERS
TO SECEDE FROM SPHERE OF INFLUENCE AREA
An effort has been made by the staff to indicate on a map those
properties whose owners have requested secession from the exist-
ing City Sphere of Influence. The map has been displayed at the
Council meeting for explanation by Mr. Musso.
Mr. Musso illustrated various properties on the maps and identified
some ownerships explaining that there are various categories
of properties in which owners have expressed dissatisfaction with
the City because of development standards or because of the land
use established in that area; primarily the property of Caratti,
Gonzalvo, Anderson, and Christian. He stated that most of the
properties involved have no development plans. Some of the
owners requesting deletion from our "Sphere" have requested
variances. The City, in various areas, has granted most variances
for lot requests - getting ownerships out of the large acreage into
something more suitable for residential-rural living.
Mayor Futch stated that the request for secession from this many
property owners did not come about accidently. There was a petition
circulated and some actual solitation of names to appear before the
County Board of Supervisors. There was an active campaign to recruit
property owners.
Cw Tirsell stated that it would appear from looking at the map that
about 5% of our undeveloped area, within our Sphere, has applied
to secede from our Sphere of Influence. It would therefore be
assumed that about 95% of the landowners understand our Sphere or
they are not concerned.
CM-30-390
~eptember 29, 1975
(Resolution Calling for
Public Information re
Nuclear Power Generation)
Cw Tirsell stated that the City Council might request transcripts
of the meetings to be forwarded to the City Clerk for placement
in our Library.
It was concluded that a request for the transcripts would be made
for the purpose of placement at both City Hall and the Library.
Cy Beebe, Manager of the local PG&E Office, stated that certainly
nothing could be said in opposition to an informational resolution
such as the one presented but he would like to find out if it would be
possible to send a letter to the Committee of Diminishing Energy
Resources pointing out that the Council took no stand either for
or against the Initiative.
The Council expressed no objection to sending the letter as requested
by Mr. Beebe.
Cm Staley stated that the thing that concerns him is that this Com-
mittee is studying the energy problems, generally, but they are
concentrating primarily on the nuclear power generation. He
stated that these are risks which certainly should be examined but
perhaps the Council should stress that there are risks in not develop-
ing nuclear power as there are in almost any course of action taken
in terms of our power development in the next 20-30 years. He feels
that once all the evidence has been weighed a decision should not be
made to eliminate something just because there are risks involved.
He wondered if there would be some way to transmit this philosophy,
if the Council does agree, by letter or in the resolution.
Cw Tirsell stated that she appreciates what Cm Staley is saying
but she believes this would be more appropriate as part of the
discussions and not something which should be included in the
resolution.
Cm Miller stated that this might be an item of debate if the Council
were to oppose or support the initiative but not necessarily something
that should be expressed at this time when the Council is not render-
ing an opinion.
INCLUDED IN THE MOTION WAS THE AMENDMENT THAT A COpy OF THE LETTER
BE SENT TO REPRESENTATIVE S. FLOYD MORI, SENATOR HOLMDAHL AND THE
COMMITTEE.
Cm Staley stated that the point he is trying to make is that the
Council should urge the public to become informed with not only
the nuclear issue but the entire energy issue.
CM STALEY MOVED TO AMEND THE MOTION TO INCLUDE IN THE RESOLUTION
THAT THE CITIZENS BECOME FULLY INFORMED ON THE NUCLEAR AND RELATED
ENERGY ISSUES, AMENDMENT SECONDED BY CM TURNER.
(
Cm Miller stated that it is clear that those who support the Nuclear
Initiative are going to talk about alternatives and those who oppose
the Initiative are going to talk about the risks of those other
alternatives because that is a portion of the issue of the Nuclear
Initiative. What Cm Staley is encouraging in the way of further
information will undoubtedly be widely discussed in these hearings
and, consequently, the City Council shouldn't have to do anything
other than what is being done at this time.
Cm Miller added that PG&E is going to discuss the needs for energy
and what the alternatives are as well as oil costs, etc. Those
who are in support of the Nuclear Initiative are going to be con-
cerned about radioactive transport risks and other things and all
CM-30-393
September 29, 1975
(Discussion re Resolution Calling
for Public Information re Nuclear
Power Generation)
of this will be discussed widely with general energy information
presented during the discussions.
Cm Staley stated that he agrees with this but what he wants is
for the Council to urge the citizens to become informed - not the
Committee. The Committee will undoubtedly look at all these issues.
AMENDMENT TO INCLUDE WORDING SUGGESTED BY CM STALEY PASSED BY
UNANIMOUS VOTE.
J. D. Lee, 622 Bentley Place, stated that he would like to suggest
Council consideration of expanding the resolution to include all
initiatives and all points of public interest. He stated that
the public should be informed on all things they shall vote on.
MAIN MOTION TO ADOPT RESOLUTION, AS AMENDED, PASSED BY UNANIMOUS
VOTE.
RESOLUTION NO. 210-75
A RESOLUTION CALLING FOR PUBLIC INFORMATION AND
DISCUSSION RELATING TO NUCLEAR SAFEGUARDS INITIA-
TIVE AND ENERGY.
Cw Tirsell asked that the City Attorney's office provide the City
Council with initiatives, as they are filed, so that the Council
can be apprised of them.
The City Attorney advised that such initiatives were supplied to
the City Clerk. The Clerk was asked to provide the Council with
such documents when she receives them.
It was noted that the staff will report on this suggestion.
REPORT RE SITE PLAN
APPROVAL - FOTOMAT
The Planning Director reported that a site plan approval permit
has been issued to the FOTOMAT Corporation but an appeal has been
filed concerning the public works installation.
Mr. Musso commented that the site plan application was approved,
including a standard zoning condition, and the matter was also
referred to the Design Review Committee who amended and approved
the design of the building. The issue involving the appeal has
to do with the installation of public works improvements along
"M" Street. The original development of the building was first
a Safeway, then a Value Giant and again revised to include other
commercial uses, did not ever include the improvement of "M" Street.
Mr. Lee indicated that a map has been posted for the Council's infor-
mation showing the location of the current building and that the
brown circle indicates the FOTOMAT building location. The improve-
ments are indicated by a red line that would normally be required
with the site plan approval for a new building. This would include
curb, gutter, sidewalks, street trees, area lighting and all the
normal public works improvements required. When the Pontiac-Oldsmobile
garage was constructed on the east side of "M" Street it was required
that the improvements be done for the north end of "Mil Street but
the standard improvements for FOTOMAT would be the remainder of "M"
Street from First Street.
CM MILLER MOVED TO DENY THE APPEAL, SECONDED BY CW TIRSELL.
CM-30-394
September 29, 1975
(Report re Site Plan
Approval - Fotomat)
Mr. Stunz, representative of FOTOMAT, stated that FOTOMAT has
no objection to the on-site improvements required but this
is property that is subleased by them from the Safeway Stores, Inc.
This request, for standard improvements, would increase development
costs from $10,000 to $25,000-$30,000 and they feel this is unreason-
able. FOTOMAT has no interest in any kind of ingress from "M" Street,
they do not expect to use it at all and they feel this is an unreason-
able request and would urge that the City Council allow them to pro-
ceed with the development of the FOTOMAT building without the off-site
street improvement omligation. He stated that if someone is proposing
a large development and creating access from public thoroughfares, they
would be expected to pay for streets but FOTOMAT isn't doing anything
like this at all. They are using a portion of an existing parking
lot to construct a building, using present ingress and egress from
First Street, and increasing the value to the owner. He would re-
quest that all of B. (Public Works (City Code): be deleted from
their obligations.
Cm Miller stated that he can sympathize with the problem because
FOTOMAT is the lessee and the lessor could legitimately be asked
to pay for the public works improvements but this is a matter
that would have to be worked out with Payless Paints and not a
question that should be before the Council.
Cm Staley stated that he would not be able to support the applica-
tion for appeal by FOTOMAT, even though he can understand the
hardships this will impose. The problem is that the City Ordinance
is very clear in requiring the off-street improvements and the
development costs should have been clear at the time the lease
was negotiated.
Mr. Stunz commented that under normal circumstances, if "M" Street
were a through street they probably would have considered the
possibility of improvements; however, the street is not any longer
than the length of the property and is currently being used as a
parking lot.
Cw Tirsell pointed out that the City is in the process of revising
the Central Business District Plan and the disposition of those
stub-streets~ not clear. Therefore, the Council is very careful
to protect the standard of those streets because they may very well
be access to the new shopping area that will occur between "L" and
liP". They have not been capable of becoming through streets because
the railroad tracks have been blocking them. Now that the tracks
are being moved and the land in that area is being opened up, some
of these streets may very well provide access. Our citizens cannot
be expected to pay, on their tax rate, for the enhancement of that
piece of property.
Mr. Stunz indicated that when they developed FOTOMAT on "P" Street
they were unaware of the railroad location project that would take
place after FOTOMAT's construction and now they have been completely
cut off from access and service to people. This happens to be the
only area they have found that would be suitable for their business.
CW TIRSELL CALLED FOR THE QUESTION AND MOTION PASSED UNANIMOUSLY
TO DENY THE APPEAL BY FOTOMAT CORPORATION.
CM-30-395
September 29, 1975
REPORT RE GRADE SEPARA-
TION PROJECT - VARIOUS
CONTRACTOR CLAIMS
The Public Works Director reported that the contractor for the
Grade Separation Project has posted several claims. The staff
has responded to the claims but is in need of City Council re-
view and formal decision.
The claims discussed in written detail are the following:
A. Miscellaneous Asphaltic Concrete, Claim No.5,
B. Claim for Payment for Extra Field Welds on Rails, #9,
C. Rail Material Claim for Escalation of Prices, No.7,
"P" Street and Railroad Avenue Intersection Design, and
Retention of 10%.
Mr. Lee explained that the contractor has expressed primary
concern with Items A and B and the matter of retention of the
lOt. Other items have been included in the written memorandum
for informational purposes.
Item A, which relates to asphaltic concrete is a matter of
difference in the interpretation of the specifications. The
City feels the specifications are clear but the contractor feels
he should be paid for replacement of asphaltic concrete at the
special price. The City is sure that it is clear in the specifica-
tions that it doesn't come under that category. The contractor has
been told that if he has further information the City would be will-
ing to discuss this item with him. The City Attorney has indicated
that this is a matter which cannot be resolved at this time. The
City will remain with its position until the contractor has sub-
mitted information that would change the City's position.
Item B, relates to extra welds on the rails. The plans called for
16 welds for the entire job and also provided that the rails be
brought in 1,400 ft. lengths which would require only the 16 welds.
The subcontractor, however, chose to bring in smaller lengths which
necessitated 50 welds for which he feels he should be reimbursed.
The City's position concerning this item is that the subcontractor
did not notify the City of the short length of rails that were to
be used. The subcontractor contends that this was necessary in
order to keep certain streets open which the City feels is not a
substantiated reason for using the short rails. The City has
denied this claim.
The railroad relocation job is not complete and if the subcontractor
provides the City with information substantiating his claim for the
additional welds, the City might change its position. It is recom-
mended that no further action be taken concerning this claim at
this time.
With respect to the retention of the 10% of the amount owed to the
contractor, the normal procedure is for the City to retain 10% of
the amount owed to the contractor until 30 days after completion
and acceptance of the job.
The way this contract is written there is
tion of the 10% can be released after 50%
completed at the discretion of the City.
would suggest that if the underpasses are
season and the work is satisfactory, that
to the contractor.
provision that a por-
of the job has been
Mr. Lee stated that he
open prior to the holiday
5% of the 10% be released
Mr. Lee added that in the memorandum to the Council he suggested
the possibility of allowing 2.5% now and the other 2.5% if the
eM-30-396
September 29, 1975
(Report re Grade Separation
Project-Various Claims)
underpasses are open by the holiday season. This is not a recom-
mendation but is a possibility that could be considered.
Mayor Futch stated that he would agree with the staff recommendations
concerning Claims #5 and #9.
Cm Miller noted that Claim #7 was mentioned in the memorandum but
was not discussed by Mr. Lee at this time and would like some infor-
mation on that claim.
Mr. Lee explained that Claim "C" (#7) is a claim for additional
payment because the contractor claims that the cost for the railroad
material has escalated. The contractor makes reference to Item 3
of Addendum A, in the specifications, which provides that in the
event railroad material was not available there would be a basis for
additional negotiations. The City believes that this is not the case
- materials were available and the contractor was able to purchase
them. The price of the materials is something the City is not invol-
ved in and the contractor made a bid for a unit price on the material.
It is the City's position that this portion of the specification does
not apply to this case.
c,m Turner sta,ted th~t he w?uld be opposed to giving th~ ~~~~"t:~l
t~ '1:% be~a.Ese untl.l .the ]ob h~s b7~P~~!:~~~_ ~~~J-dty -C~ . i'lv;r~.:'~~\
/. '. ~l.S was wh~was a9re1!d upo the ~'..l(.,
City an t e cOntractor prior to commencement of the project. ~ '
If there is a problem and a subcontractor has not been paid, you've
got funds to pay him (hopefully within that 10%). Then there is
a problem with the title company where you have that 30-day waiting
period and there may be additional claims within that period. He
would hope to have the contractor perform the contract as agreed.
Mr. Lee commented that the points made by Cm Turner are very valid.
At some point in the contract, if the project is late but a large
percentage of the work has been done, perhaps there might be justi-
fication for a reduction in the 10% to be paid to the contractor. 1'/
He emp~as~zed that he is not recommending this but what Cm Turner\A~t
has sal.d l.S correct. ~.~
If the Council could determine there were outstanding bill~erJ~ '\
ing the requested 5% the Council would probably be safe in releasing
the 5% but the Council may not wish to.
Cm Staley felt that Cm Turner is absolutely correct and that it is
good business to hold a good portion of the money owed to the con-
tractor until completion of the project. On the other hand, the
Council has a high interest in having those overpasses completed
or open for traffic by December 1st. While Cm Staley is not
agreed to allowing the contractor any portion of his money, today,
he would be willing to seriously discuss up to 5% being given to
the contractor if these overpasses are opened by this date. He
felt this would be an incentive to the contractor to get the work
done, weather permitting. em Staley also felt the other 5% would
be sufficient to cover the remaining construction.
Mayor Futch stated that he also favors the position expressed by
Cm Staley. The Council wants to do everything possible to encourage
early completion of the overpasses. He felt it would be reasonable
to advance the 5%vbecause most of the project will be completed by
that time. ar .::c.I...v ~ ;::Ut..-<.- ~'U........r-<.4 ~ -t;:,-T-....~:J:llJ/._J,
~c-
Cm Staley stated that what the Council is talking about in terms,1
of percentage is a large amount of money but he doesn't deny that
there should be a reserve. The 10% of the project going to the
contractor amounts to $220,000. If the Council releases 5% the
contractor will be getting $llO,OOO on December 1st and the City will
retain $110,000. If the project is 90% complete the reserve should
be sufficient.
CM-30-397
September 29, 1975
(Report re Grade Separation
project-Various Contractor Claims)
Cm Miller stated that if the project is 90% complete this could be
defined in terms of financial or physical completion. If it were
financial you are still $220,000 out. Therefore, if you cut back
to $110,000 you have $110,000 at risk.
Mr. Lee explained that he doesn't agree there would be $110,000 at
risk. For example, if they were to discontinue work for some rea-
son when the project is 90% complete, assuming there is $110,000
worth of work yet to be done, there are performance bonds which
would complete the job and the 10% is used as an incentive to com-
plete the work-and to pay any claims that might be made against the
contractor within that 30 day period after completion and acceptance.
These claims would also be covered by the bonds but it would take
from two to five years to recover the money.
Mr. Lee commented that the City retains the 10% and if a subcontrac-
tor hasn't been paid he will file a claim, and the prime contractor
will pay him off within 30 days and then the City will release what-
ever has been retained - normally 10%. Mr. Lee stated that 5%
would be adequate and this method is used by the state and written
into their contract, and this is the reason it is included in this
contract.
Cm Staley stated that he would like to know, if on December 1st the
work is 90% complete the contractor will have received only 81% of
the money because the City has been holding lO% of each paycheck.
In other words, if the City releases an additional 5% that does not
leave the City with only 5% of the total project money - the City
will really have 14% of the project money at that point.
Mr. Lee indicated this is true.
Cm Turner stated that the Council should be aware of the fact that
it doesn't matter how far along the project is with respect to per-
centage points. The important factor is who has been paid. If
the contractor hasn't paid a subcontractor who has done 25% of the
work then obviously a 10% hold back will not be sufficient.
Cw Tirsell stated that she believes the points that have been
raised are very good; however this is an informational item and
she is not prepared to make a decision at this time. At this
time she believes the Council does not wish to give the impres-
sion that they have any intention of releasing money now.
em Miller stated that he has a position similar to Cm Turner's
in that he is not willing to submit, at this time, release of
any of the money. However, he would be willing to again discuss
the matter on December 1st but not before that date. He stated
that he feels Cm Turner's arguments are very real.
THE COUNCIL CONCLUDED THAT THIS ITEM WILL AGAIN BE DISCUSSED
AS AN AGENDA ITEM AT THE DECEMBER 1ST COUNCIL MEETING, ON
MOTION OF CM STALEY, SECONDED BY CW TIRSELL AND BY UNANIMOUS
VOTE.
RECESS
(--~\
Mayor Futch called for a brief recess after which the Council meet-
ing reconvened with all members of the Council present.
DISCUSSION RE GENERAL
PLAN GROWTH RATE
Mayor Futch stated that the General Plan growth rate was continued
from the meeting of last week and was inadvertently left off of the
agenda. The Council will now discuss this item.
CM-30-398
September 29, 1975
(Discussion Re General
Plan Growth Rate)
Cw Tirsell stated that the Planning Consultants reported to the
Council two weeks ago that they were concerned about the question
submitted to them by the Council with respect to the cumulative
growth rate of 2% for the next five years. The Consultants felt
the growth rate was not supportable and asked that the Planning
Commission and City Council reconsider this matter. The Planning
Commission has considered the matter and unanimously adopted a
growth rate consistent with the Citizens Committee recommendations.
Cw Tirsell added that, on the basis of the discussions by the P.C.
and the Consultants, she would support this recommendation. Her
consideration is that the remarks they have made throughout the
whole General Plan Study is that Livermore will have many constraints
upon the growth of the City; one will be sewage capacity, one will
be water availability, air pollution problems, and finances. The
Consultants have requested that Livermore not plan our General Plan
around any of these constraints but rather look at what should logic-
ally be the planning for our City in the Year 2000. Does the Council
agree that a City with a population of about 80,000 is best for us
in the Year 2000? This would provide for a complete community on
the north side with a population of about 30,000 with viability and
enough population for commercial development and perhaps their own
high school. On the south there would be in-filling. Cw Tirsell
stated that she believes the City has said, "yes", given the best
of all worlds, were there no constraints upon us, Livermore would
be planning for a City of that size and this is the City we would
hope to build.
Cw Tirsell stated that it isn't the best of all worlds and we do
have constraints upon us and the consultants have asked the Council
not to make anyone of the constraints a limit upon our ability to
grow because they are simply solved by money. The sewer problems
can be solved by money, air pollution problems can be solved with
money, and what we are planning is the ideal community but we have
the listed constraints upon us which are listed in the General Plan.
Sewage capacity is the number one constraint and is intertwined with
air pollution as the overriding restriction. Therefore, in the first
five years it would seem unlikely that the growth rate predicted would
be reached because of the constraints that will so be listed. However,
the Council is concerned with this "ideal" community that we are try-
ing to build and Cw Tirsell feels the Council can support a recom-
mendation that comes from the Planning Consultant and the Council
assumes this will be challenged. The General Plan will have con-
straints in it and our Planning Consultants are telling us that they
can defend and will have to defend the 1~-2% growth rate.
Cw Tirsell stated that in the Planning Commission discussion she did
learn an important point and that is, this is not a cumulative action.
In the early part of our General Plan period there will be these
constraints that have been mentioned and they will not be solved by
any stretch of the imagination. That, in itself, will dictate a lower
growth rate. However, the Council will make justification for that
and this has been so noted in the ordinance the Council is reviewing
this evening.
CW TIRSELL MOVED TO ADOPT THE RECOMMENDATION OF THE PLANNING COM-
MISSION THAT THE MAXIMUM GROWTH RATE IN ANY YEAR BE 1~-2%. MOTION
WAS SECONDED BY MAYOR FUTCH.
Cm Miller stated that first of all, the figure 80,000 for the Year
2000, was a number taken by distorting the Citizens Committee's
recommendation. The 1~-2% is a distortion of the Citizens Committee's
recommendation - it says, in so many words, 1 to 2%.
Cm Miller added that Cw Tirsell has talked about the advantages of
a population of 80,000 in the Year 2000 having to do with planning
issues and if planning were done in an "environmental vacuum" the
arguments made by Cw Tirsell would be absolutely correct. We would
CM-30-399
September 29, 1975
(Discussion Re General
Plan Growth Rate)
indeed have a viable City in the sense mentioned by Cw Tirsell.
However, that viable City looking at today's circumstances, is a
viable City with many commuters and the associated air pollution.
It is not true that the City can solve air pollution problems with
money.
Cw Tirsell interjected that she didn't say "we" can solve the air
pollution problem with money but rather "it" can be solved with money.
Cm Miller stated that it can be solved with money but that money is
not under the City's control. We can solve our sewer problems, if
that were our sole problem, by passing bond issues - that is under
our control. Schools are under our control - we can pass bond issues
or use a tax override but there is nothing we can do in this Valley
through the expenditure of our tax money which can help the air qual-
ity problem. There is absolutely no way this can be done, so to argue
that we can solve that problem with money depends upon money being ex-
pended elsewhere, over which we have no control.
em Miller stated that he would like to make the following arguments
about why the City should not accept the 1~-2% growth rate, as follows:
At the LAVWMA meeting last Thursday URS representatives, preparing
environmental impact statements, have asked what population would
guarantee meeting the federal air quality standards. After some
hesitation it was mentioned that their estimates would be 55,000
people in the Valley. Since we have 110,000 people in the Valley
it is clear we are not going to meet the federal air quality stan-
dards. It is also equally clear that we can't get rid of half the
population. The 55,000 is, indeed, an estimate and estimates have
error bounds but the point is that this estimate is less than the
existing population for the Valley.
A similar conclusion was reached in the A. D. Little Report - that
there be no further growth in the Livermore Valley if we were to
ever meet the federal air quality standards and a similar conclusion
was reached by our Smog Study Committee. Our Smog Committee stated
that if 1/3 of the Valley can go to public transportation there could
be a 1% growth rate until 1990.
There is obviously a serious problem and a whole series of reports
tell us that residential growth in this Valley will keep us from
ever meeting the federal air quality standards. Consequently, for
the protection of public health, which is a responsibility of pub-
lic officials, we cannot allow residential development in this
Valley until the air quality does meet the federal air quality
standards. He stated that in his opinion this is not only a duty
in principle but is provided for by law in the California Environ-
mental Quality Act which says, in part, that "the guiding criteria
for pUblic decision is the long term enhancement of the environment".
We certainly can't enhance the environment, in the long run, if the
short run growth permitted prevents the City from ever meeting en-
vironmental standards.
Cm Miller stated that he would like to argue that it is, or should
be, an obvious principle that you don't take chances with the "public's
health". He stated that he would argue that this is a conservative
view and would also argue that it is bordering on "reckless" to bet
that technology will save us and that the automobile emission controls
will work. These kinds of arguments have been used for 40 years in
Los Angeles and obviously to no avail.
em Miller continued to say that limited growth in the Valley is pri-
marily an environmental and public health issue. In his opinion' the
issue is clear cut. The facts for the Valley provide the racts for
a successful resolution, in the City's favor, in the event of inevi-
table developer law suits. The trends of court decisions appear
CM-30-400
I
September 29, 1975
\"
(Request of Property
Owners to Secede from City
Sphere of Influence)
Cw Tirsell continued to say that most of the people in the I-580
area who have requested deletion are requesting zoning. This would
mean that if they were to receive the commercial zoning there would
be approximately 125-140 acres of commercial zoning requesting septic
tanks and the City would naturally oppose a request for septic tanks.
This is one of the concerns she has in reviewing this matter.
The City Attorney commented that LAFCO will have a hearing on
this matter but it will not be a real public hearing at this time.
He does plan to attend the hearing and a draft EIR will be submitted
as well as a staff report.
Cm Miller stated that he would presume our court reporter will also
attend this hearing and Mr. Logan indicated that this can be arranged.
The Council directed that a court reporter attend this hearing.
Cw Tirsell stated that the City has, in the past, sent an excellent
letter to the LAFCO Commissioners and would like this information
which has been presented tonight, to be included in another letter
to them.
Cm Miller mentioned that there are land use conflicts involved in
this issue and the City would like to know if LAFCO intends to
settle land use conflicts, as an administrative body.
REPORT RE EAST
AVENUE BIKEWAY
Mr. Lee reported that he has prepared a progress report concerning
the East Avenue Bikeway with some preliminary cost estimates for
acquiring rights-of-way and placing improvements on the north side
of East Avenue for a bikeway. It is estimated, roughly, that the
cost to the County would be $32,000 and the cost to the City $27,000.
Mr. Parness has met with Supervisor Murphy on this matter and has
asked that Mr. Lee report to the Council that Supervisor Murphy
was receptive to the idea of proceeding with a bike path on the
north side; however this was not a commitment. At least he did
express interest in this proposal and has asked for additional
information from the City Manager.
em Turner wondered when the final cost figure might be available
and Mr. Lee commented that he would assume the County will work
on their portion of the cost while the City works on its cost
and that this should be at least 2-3 weeks.
Cm Turner wondered about how long it would take to get this project
underway and Mr. Lee indicated that acquiring the property could
take quite a bit of time. The City, however, could be ready for
construction at the time the right-of-way acquisition has been
settled. Generally, as a rule of thumb, this type of acquisition
takes about six months.
~
(
Greg Davis, 316 Ontario, wondered if anything could be done to
expedite completion of the East Avenue Bikeway.
Mayor Futch commented that the only delay, as far as the City
knows would be the acquisition of the property. If the City
can negotiate something without having to go to court the process
will take less time. If, however, property has to be condemned
either by the County or the City the project will take more time.
CM-30-39l
I
September 29, 1975
(Report re E~st Avenue Bikeway)
It was noted that initial delay will be getting approval by the
Board of Supervisors.
Cm Miller stated that as he recalls the Council has not taken formal
action to direct the staff to begin negotiations and acquisition of
the necessary parcels for this project and perhaps this item should
be placed as an agenda item in order for the Council to take some
kind of formal action.
Mr. Lee commented that when the right-of-way for East Avenue is
acquired, on the north side, the City should acquire the total
amount needed for the widening of East Avenue. We have a coopera-
tive agreement going on with the County with respect to the widening
of East Avenue and as soon as the right-of-way lines have been
settled for the 108 foot right-of-way then the City would be in a
position to acquire the right-of-way needed to serve the bike path.
em Miller felt it might be helpful if Mr. Lee would encourage the
County to come to a decision on the total widening in order that
the City might proceed with this matter.
DISCUSSION RE RESOLU-
TION CALLING FOR PUBLIC
INFORMATION RE NUCLEAR
POWER GENERATION
At the meeting of September 22nd, Barbara Hartley requested that
a resolution calling for public information and discussion on
nuclear power generation be placed on the Council agenda. The
matter has been referred to this meeting for formal consideration.
Barbara Hartley, 513 Brierly Court, stated that this resolution
strictly urges that the citizens of Livermore attend or study the
hearings that will be held in Sacramento concerning the Nuclear
Safeguard Initiative. The hearings will be sponsored by the
Committee for Energy and Diminishing Materials and will be held
from October 14th, weekly, through December 10th. Through this
process all opinions and sides to the story will be aired. It
would seem perfectly obvious that this resolution is for the
purpose of educating the citizens.
Mayor Futch stated that he is assuming Mrs. Hartley is not asking
the Council to get into debate of this issue but rather is asking
that the resolution be adopted urging citizens to become informed
about this matter.
Mrs. Hartley indicated this is correct and she believes this is
a necessary step in democracy - having citizens fully educated
and informed so they can vote intelligently on this issue.
CW TIRSELL MOVED TO ADOPT THE RESOLUTION PRESENTED BY MRS. HARTLEY,
AC M1ENDBD BY 'fIlE! COUNCIL. MOTION SECONDED BY CM MILLER.
Cm Turner commented that this item is important enough that a re-
presentative should be sent to this hearing and report back to
the City Council.
Mayor Futch noted that there will be a number of meetings con-
cerning this item and whether or not a representative would be
able to attend would depend upon whether or not someone has the
time available.
Cm Staley noted that there will be 16 meeting days concerning this
item.
CM-30-392
I
'WITH THE FOLLOWING AMENDMENT: THE ADDITION OF #5: CONCLUDE THAT THIS RESOLUTION.
DOES NOT INDICATE SUPPORT FOR OR OPPOSITION TO THE ABOVE STATED INITIATlVE".:-U l~t
Copies of our resolution will be sent to our legislators by cover letter. a'~~~
I
'WITH THE FOLLOWING AMENDMENT: THE ADDITION OF #5: CONCLUDE THAT THIS RESOLUTION,
DOES NOT INDICATE SUPPORT FOR OR OPPOSITION TO THE ABOVE STATED INITIATIVE".~ ~t
Copies of our resolution will be sent to our legislators by cover letter. . ~~~
~eptember 29, 1975
(Resolution Calling for
Public Information re
Nuclear Power Generation)
Cw Tirsell stated that the City Council might request transcripts
of the meetings to be forwarded to the City Clerk for placement
in our Library.
It was concluded that a request for the transcripts would be made
for the purpose of placement at both City Hall and the Library.
Cy Beebe, Manager of the local PG&E Office, stated that certainly
nothing could be said in opposition to an informational resolution
such as the one presented but he would like to find out if it would be
possible to send a letter to the Committee of Diminishing Energy
Resources pointing out that the Council took no stand either for
or against the Initiative.
The Council expressed no objection to sending the letter as requested
by Mr. Beebe.
Cm Staley stated that the thing that concerns him is that this Com-
mittee is studying the energy problems, generally, but they are
concentrating primarily on the nuclear power generation. He
stated that these are risks which certainly should be examined but
perhaps the Council should stress that there are risks in not develop-
ing nuclear power as there are in almost any course of action taken
in terms of our power development in the next 20-30 years. He feels
that once all the evidence has been weighed a decision should not be
made to eliminate something just because there are risks involved.
He wondered if there would be some way to transmit this philosophy,
if the Council does agree, by letter or in the resolution.
Cw Tirsell stated that she appreciates what Cm Staley is saying
but she believes this would be more appropriate as part of the
discussions and not something which should be included in the
resolution.
Cm Miller stated that this might be an item of debate if the Council
were to oppose or support the initiative but not necessarily something
that should be expressed at this time when the Council is not render-
ing an opinion.
INCLUDED IN THE MOTION WAS THE AMENDMENT THAT A COpy OF THE LETTER
BE SENT TO REPRESENTATIVE S. FLOYD MORI, SENATOR HOLMDAHL AND THE
COMMITTEE.
Cm Staley stated that the point he is trying to make is that the
Council should urge the public to become informed with not only
the nuclear issue but the entire energy issue.
CM STALEY MOVED TO AMEND THE MOTION TO INCLUDE IN THE RESOLUTION
THAT THE CITIZENS BECOME FULLY INFORMED ON THE NUCLEAR AND RELATED
ENERGY ISSUES, AMENDMENT SECONDED BY CM TURNER.
(
Cm Miller stated that it is clear that those who support the Nuclear
Initiative are going to talk about alternatives and those who oppose
the Initiative are going to talk about the risks of those other
alternatives because that is a portion of the issue of the Nuclear
Initiative. What Cm Staley is encouraging in the way of further
information will undoubtedly be widely discussed in these hearings
and, consequently, the City Council shouldn't have to do anything
other than what is being done at this time.
Cm Miller added that PG&E is going to discuss the needs for energy
and what the alternatives are as well as oil costs, etc. Those
who are in support of the Nuclear Initiative are going to be con-
cerned about radioactive transport risks and other things and all
CM-30-393
September 29, 1975
(Discussion re Resolution Calling
for Public Information re Nuclear
Power Generation)
of this will be discussed widely with general energy information
presented during the discussions.
Cm Staley stated that he agrees with this but what he wants is
for the Council to urge the citizens to become informed - not the
Committee. The Committee will undoubtedly look at all these issues.
AMENDMENT TO INCLUDE WORDING SUGGESTED BY CM STALEY PASSED BY
UNANIMOUS VOTE.
J. D. Lee, 622 Bentley Place, stated that he would like to suggest
Council consideration of expanding the resolution to include all
initiatives and all points of public interest. He stated that
the public should be informed on all things they shall vote on.
MAIN MOTION TO ADOPT RESOLUTION, AS AMENDED, PASSED BY UNANIMOUS
VOTE.
RESOLUTION NO. 210-75
A RESOLUTION CALLING FOR PUBLIC INFORMATION AND
DISCUSSION RELATING TO NUCLEAR SAFEGUARDS INITIA-
TIVE AND ENERGY.
Cw Tirsell asked that the City Attorney's office provide the City
Council with initiatives, as they are filed, so that the Council
can be apprised of them.
The City Attorney advised that such initiatives were supplied to
the City Clerk. The Clerk was asked to provide the Council with
such documents when she receives them.
It was noted that the staff will report on this suggestion.
REPORT RE SITE PLAN
APPROVAL - FOTOMAT
The Planning Director reported that a site plan approval permit
has been issued to the FOTOMAT Corporation but an appeal has been
filed concerning the public works installation.
Mr. Musso commented that the site plan application was approved,
including a standard zoning condition, and the matter was also
referred to the Design Review Committee who amended and approved
the design of the building. The issue involving the appeal has
to do with the installation of public works improvements along
"M" Street. The original development of the building was first
a Safeway, then a Value Giant and again revised to include other
commercial uses, did not ever include the improvement of "M" Street.
Mr. Lee indicated that a map has been posted for the Council's infor-
mation showing the location of the current building and that the
brown circle indicates the FOTOMAT building location. The improve-
ments are indicated by a red line that would normally be required
with the site plan approval for a new building. This would include
curb, gutter, sidewalks, street trees, area lighting and all the
normal pUblic works improvements required. When the Pontiac-Oldsmobile
garage was constructed on the east side of "M" Street it was required
that the improvements be done for the north end of "M" Street but
the standard improvements for FOTOMAT would be the remainder of "M"
Street from First Street.
CM MILLER MOVED TO DENY THE APPEAL, SECONDED BY CW TIRSELL.
CM-30-394
September 29, 1975
(Report re Site Plan
Approval - Fotomat)
Mr. Stunz, representative of FOTOMAT, stated that FOTOMAT has
no objection to the on-site improvements required but this
is property that is subleased by them from the Safeway Stores, Inc.
This request, for standard improvements, would increase development
costs from $10,000 to $25,000-$30,000 and they feel this is unreason-
able. FOTOMAT has no interest in any kind of ingress from "M" Street,
they do not expect to use it at all and they feel this is an unreason-
able request and would urge that the City Council allow them to pro-
ceed with the development of the FOTOMAT building without the off-site
street improvement o~ligation. He stated that if someone is proposing
a large development and creating access from public thoroughfares, they
would be expected to pay for streets but FOTOMAT isn't doing anything
like this at all. They are using a portion of an existing parking
lot to construct a building, using present ingress and egress from
First Street, and increasing the value to the owner. He would re-
quest that all of B. {Public Works (City Code): be deleted from
their obligations.
Cm Miller stated that he can sympathize with the problem because
FOTOMAT is the lessee and the lessor could legitimately be asked
to pay for the public works improvements but this is a matter
that would have to be worked out with Payless Paints and not a
question that should be before the Council.
Cm Staley stated that he would not be able to support the applica-
tion for appeal by FOTOMAT, even though he can understand the
hardships this will impose. The problem is that the City Ordinance
is very clear in requiring the off-street improvements and the
development costs should have been clear at the time the lease
was negotiated.
Mr. Stunz commented that under normal circumstances, if "M" Street
were a through street they probably would have considered the
possibility of improvements; however, the street is not any longer
than the length of the property and is currently being used as a
parking lot.
Cw Tirsell pointed out that the City is in the process of revising
the Central Business District Plan and the disposition of those
stub-streets~ not clear. Therefore, the Council is very careful
to protect the standard of those streets because they may very well
be access to the new shopping area that will occur between "L" and
liP". They have not been capable of becoming through streets because
the railroad tracks have been blocking them. Now that the tracks
are being moved and the land in that area is being opened up, some
of these streets may very well provide access. Our citizens cannot
be expected to pay, on their tax rate, for the enhancement of that
piece of property.
Mr. Stunz indicated that when they developed FOTOMAT on lip" Street
they were unaware of the railroad location project that would take
place after FOTOMAT's construction and now they have been completely
cut off from access and service to people. This happens to be the
only area they have found that would be suitable for their business.
CW TIRSELL CALLED FOR THE QUESTION AND MOTION PASSED UNANIMOUSLY
TO DENY THE APPEAL BY FOTOMAT CORPORATION.
('
I
CM-30-395
September 29, 1975
REPORT RE GRADE SEPARA-
TION PROJECT - VARIOUS
CONTRACTOR CLAIMS
The Public Works Director reported that the contractor for the
Grade Separation Project has posted several claims. The staff
has responded to the claims but is in need of City Council re-
view and formal decision.
The claims discussed in written detail are the following:
A. Miscellaneous Asphaltic Concrete, Claim No.5,
B. Claim for Payment for Extra Field Welds on Rails, #9,
C. Rail Material Claim for Escalation of Prices, No.7,
lip" Street and Railroad Avenue Intersection Design, and
Retention of 10%.
Mr. Lee explained that the contractor has expressed primary
concern with Items A and B and the matter of retention of the
10%. Other items have been included in the written memorandum
for informational purposes.
Item A, which relates to asphaltic concrete is a matter of
difference in the interpretation of the specifications. The
City feels the specifications are clear but the contractor feels
he should be paid for replacement of asphaltic concrete at the
special price. The City is sure that it is clear in the specifica-
tions that it doesn't come under that category. The contractor has
been told that if he has further information the City would be will-
ing to discuss this item with him. The City Attorney has indicated
that this is a matter which cannot be resolved at this time. The
City will remain with its position until the contractor has sub-
mitted information that would change the City's position.
Item B, relates to extra welds on the rails. The plans called for
16 welds for the entire job and also provided that the rails be
brought in 1,400 ft. lengths which would require only the 16 welds.
The subcontractor, however, chose to bring in smaller lengths which
necessitated 50 welds for which he feels he should be reimbursed.
The City's position concerning this item is that the subcontractor
did not notify the City of the short length of rails that were to
be used. The subcontractor contends that this was necessary in
order to keep certain streets open which the City feels is not a
substantiated reason for using the short rails. The City has
denied this claim.
The railroad relocation job is not oomplete and if the subcontractor
provides the City with information substantiating his claim for the
additional welds, the City might change its position. It is recom-
mended that no further action be taken concerning this claim at
this time.
With respect to the retention of the 10% of the amount owed to the
contractor, the normal procedure is for the City to retain 10% of
the amount owed to the contractor until 30 days after completion
and acceptance of the job.
The way this contract is written there is
tion of the 10% can be released after 50%
completed at the discretion of the City.
would suggest that if the underpasses are
season and the work is satisfactory, that
to the contractor.
provision that a por-
of the job has been
Mr. Lee stated that he
open prior to the holiday
5% of the 10% be released
Mr. Lee added that in the memorandum to the Council he suggested
the possibility of allowing 2.5% now and the other 2.5% if the
eM-30-396
September 29, 1975
(Report re Grade Separation
Project-Various Claims)
underpasses are open by the holiday season. This is not a recom-
mendation but is a possibility that could be considered.
Mayor Futch stated that he would agree with the staff recommendations
concerning Claims #5 and #9.
em Miller noted that Claim #7 was mentioned in the memorandum but
was not discussed by Mr. Lee at this time and would like some infor-
mation on that claim.
Mr. Lee explained that Claim "C" (#7) is a claim for additional
payment because the contractor claims that the cost for the railroad
material has escalated. The contractor makes reference to Item 3
of Addendum A, in the specifications, which provides that in the
event railroad material was not available there would be a basis for
additional negotiations. The City believes that this is not the case
- materials were available and the contractor was able to purchase
them. The price of the materials is something the City is not invol-
ved in and the contractor made a bid for a unit price on the material.
It is the City's position that this portion of the specification does
not apply to this case.
em, Turner stated that he would be opposed to giving the ssn~~t~c ~~~i
Z~^ 9t% bekCl)!se until the job h~s b~~P~~.!-~~~!1~~Aty -C~ ' ~~~:~f':
" '. ~l.s was wh~was i9re~a upo~t e f.'..".
. it /, ~ '
City an t e contractor prior to commencement of the project.
If there is a problem and a subcontractor has not been paid, you've
got funds to pay him (hopefully within that 10%). Then there is
a problem with the title company where you have that 30-day waiting
period and there may be additional claims within that period. He
would hope to have the contractor perform the contract as agreed.
Mr. Lee commented that the points made by Cm Turner are very valid.
At some point in the contract, if the project is late but a large
percentage of the work has been done, perhaps there might be justi-
fication for a reduction in the 10% to be paid to the contractor. ,J
He emphasized that he is not recommending this but what Cm Turner \\.)~l
has said is correct. ~~'
If the Council could determine there were outstanding bill~e1rJ~\
ing the requested 5% the Council would probably be safe in releasing
the 5% but the Council may not wish to.
Cm Staley felt that Cm Turner is absolutely correct and that it is
good business to hold a good portion of the money owed to the con-
tractor until completion of the project. On the other hand, the
Council has a high interest in having those overpasses completed
or open for traffic by December 1st. While Cm Staley is not
agreed to allowing the contractor any portion of his money, today,
he would be willing to seriously discuss up to 5% being given to
the contractor if these overpasses are opened by this date. He
felt this would be an incentive to the contractor to get the work
done, weather permitting. em Staley also felt the other 5% would
be sufficient to cover the remaining construction.
Mayor Futch stated that he also favors the position expressed by
Cm Staley. The Council wants to do everything possible to encourage
early completion of the overpasses. He felt it would be reasonable
to advance the 5%vbecause most of the project will be completed by
that time. t:tr ~ ~ :;;lti.-i.-' "aZu..,....;.....w ~ t;:.. /T-ic /,/j!{)j I. _ J1,
a~c-
Cm Staley stated that what the Council is talking about in termsj
of percentage is a large amount of money but he doesn't deny that
there should be a reserve. The 10% of the project going to the
contractor amounts to $220,000. If the Council releases 5% the
contractor will be getting $110,000 on December 1st and the City will
~etain $110,000. If the project is 90% complete the reserve should
be sufficient.
CM-30-397
September 29, 1975
(Report re Grade Separation
Project-Various Contractor Claims)
Cm Miller stated that if the project is 90% complete this could be
defined in terms of financial or physical completion. If it were
financial you are still $220,000 out. Therefore, if you cut back
to $110,000 you have $110,000 at risk.
Mr. Lee explained that he doesn't agree there would be $110,000 at
risk. For example, if they were to discontinue work for some rea-
son when the project is 90% complete, assuming there is $110,000
worth of work yet to be done, there are performance bonds which
would complete the job and the 10% is used as an incentive to com-
plete the work-and to pay any claims that might be made against the
contractor within that 30 day period after completion and acceptance.
These claims would also be covered by the bonds but it would take
from two to five years to recover the money.
Mr. Lee commented that the City retains the 10% and if a subcontrac-
tor hasn't been paid he will file a claim, and the prime contractor
will pay him off within 30 days and then the City will release what-
ever has been retained - normally 10%. Mr. Lee stated that 5%
would be adequate and this method is used by the state and written
into their contract, and this is the reason it is included in this
contract.
em Staley stated that he would like to know, if on December 1st the
work is 90% complete the contractor will have received only 81% of
the money because the City has been holding 10% of each paycheck.
In other words, if the City releases an additional 5% that does not
leave the City with only 5% of the total project money - the City
will really have 14% of the project money at that point.
Mr. Lee indicated this is true.
Cm Turner stated that the Council should be aware of the fact that
it doesn't matter how far along the project is with respect to per-
centage points. The important factor is who has been paid. If
the contractor hasn't paid a subcontractor who has done 25% of the
work then obviously a 10% hold back will not be sufficient.
Cw Tirsell stated that she believes the points that have been
raised are very good; however this is an informational item and
she is not prepared to make a decision at this time. At this
time she believes the Council does not wish to give the impres-
sion that they have any intention of releasing money now.
em Miller stated that he has a position similar to Cm Turner's
in that he is not willing to submit, at this time, release of
any of the money. However, he would be willing to again discuss
the matter on December lst but not before that date. He stated
that he feels Cm Turner's arguments are very real.
THE COUNCIL CONCLUDED THAT THIS ITEM WILL AGAIN BE DISCUSSED
AS AN AGENDA ITEM AT THE DECEMBER 1ST COUNCIL MEETING, ON
MOTION OF CM STALEY, SECONDED BY CW TIRSELL AND BY UNANIMOUS
VOTE.
RECESS
Mayor Futch called for a brief recess after which the Council meet-
ing reconvened with all members of the Council present.
~~
( \
DISCUSSION RE GENERAL
PLAN GROWTH RATE
Mayor Futch stated that the General Plan growth rate was continued
from the meeting of last week and was inadvertently left off of the
agenda. The Council will now discuss this item.
CM-30-398
September 29, 1975
(Discussion Re General
Plan Growth Rate)
Cw Tirsell stated that the Planning Consultants reported to the
Council two weeks ago that they were concerned about the question
submitted to them by the Council with respect to the cumulative
growth rate of 2% for the next five years. The Consultants felt
the growth rate was not supportable and asked that the Planning
Commission and City Council reconsider this matter. The Planning
Commission has considered the matter and unanimously adopted a
growth rate consistent with the Citizens Committee recommendations.
Cw Tirsell added that, on the basis of the discussions by the P.C.
and the Consultants, she would support this recommendation. Her
consideration is that the remarks they have made throughout the
whole General Plan Study is that Livermore will have many constraints
upon the growth of the City; one will be sewage capacity, one will
be water availability, air pollution problems, and finances. The
Consultants have requested that Livermore not plan our General Plan
around any of these constraints but rather look at what should logic-
ally be the planning for our City in the Year 2000. Does the Council
agree that a City with a population of about 80,000 is best for us
in the Year 2000? This would provide for a complete community on
the north side with a population of about 30,000 with viability and
enough population for commercial development and perhaps their own
high school. On the south there would be in-filling. Cw Tirsell
stated that she believes the City has said, "yes", given the best
of all worlds, were there no constraints upon us, Livermore would
be planning for a City of that size and this is the City we would
hope to build.
Cw Tirsell stated that it isn't the best of all worlds and we do
have constraints upon us and the consultants have asked the Council
not to make anyone of the constraints a limit upon our ability to
grow because they are simply solved by money. The sewer problems
can be solved by money, air pollution problems can be solved with
money, and what we are planning is the ideal community but we have
the listed constraints upon us which are listed in the General Plan.
Sewage capacity is the number one constraint and is intertwined with
air pollution as the overriding restriction. Therefore, in the first
five years it would seem unlikely that the growth rate predicted would
be reached because of the constraints that will so be listed. However,
the Council is concerned with this "ideal" community that we are try-
ing to build and Cw Tirsell feels the Council can support a recom-
mendation that comes from the Planning Consultant and the Council
assumes this will be challenged. The General Plan will have con-
straints in it and our Planning Consultants are telling us that they
can defend and will have to defend the 1~-2% growth rate.
Cw Tirsell stated that in the Planning Commission discussion she did
learn an important point and that is, this is not a cumulative action.
In the early part of our General Plan period there will be these
constraints that have been mentioned and they will not be solved by
any stretch of the imagination. That, in itself, will dictate a lower
growth rate. However, the Council will make justification for that
and this has been so noted in the ordinance the Council is reviewing
this evening.
CW TIRSELL MOVED TO ADOPT THE RECOMMENDATION OF THE PLANNING COM-
MISSION THAT THE MAXIMUM GROWTH RATE IN ANY YEAR BE 1~-2%. MOTION
WAS SECONDED BY MAYOR FUTCH.
Cm Miller stated that first of all, the figure 80,000 for the Year
2000, was a number taken by distorting the Citizens Committee's
recommendation. The 1~-2% is a distortion of the Citizens Committee's
recommendation - it says, in so many words, 1 to 2%.
Cm Miller added that Cw Tirsell has talked about the advantages of
a population of 80,000 in the Year 2000 having to do with planning
issues and if planning were done in an "environmental vacuum" the
arguments made by Cw Tirsell would be absolutely correct. We would
CM-30-399
September 29, 1975
(Discussion Re General
Plan Growth Rate)
indeed have a viable City in the sense mentioned by Cw Tirsell.
However, that viable City looking at today's circumstances, is a
viable City with many commuters and the associated air pollution.
It is not true that the City can solve air pollution problems with
money.
Cw Tirsell interjected that she didn't say "we" can solve the air
pollution problem with money but rather "it" can be solved with money.
em Miller stated that it can be solved with money but that money is
not under the City's control. We can solve our sewer problems, if
that were our sole problem, by passing bond issues - that is under
our control. Schools are under our control - we can pass bond issues
or use a tax override but there is nothing we can do in this Valley
through the expenditure of our tax money which can help the air qual-
ity problem. There is absolutely no way this can be done, so to argue
that we can solve that problem with money depends upon money being ex-
pended elsewhere, over which we have no control.
Cm Miller stated that he would like to make the following arguments
about why the City should not accept the 1~-2% growth rate, as follows:
At the LAVWMA meeting last Thursday URS representatives, preparing
environmental impact statements, have asked what population would
guarantee meeting the federal air quality standards. After some
hesitation it was mentioned that their estimates would be 55,000
people in the Valley. Since we have 110,000 people in the Valley
it is clear we are not going to meet the federal air quality stan-
dards. It is also equally clear that we can't get rid of half the
population. The 55,000 is, indeed, an estimate and estimates have
error bounds but the point is that this estimate is less than the
existing population for the Valley.
A similar conclusion was reached in the A. D. Little Report - that
there be no further growth in the Livermore Valley if we were to
ever meet the federal air quality standards and a similar conclusion
was reached by our Smog Study Committee. Our Smog Committee stated
that if 1/3 of the Valley can go to public transportation there could
be a 1% growth rate until 1990.
There is obviously a serious problem and a whole series of reports
tell us that residential growth in this Valley will keep us from
ever meeting the federal air quality standards. Consequently, for
the protection of public health, which is a responsibility of pub-
lic officials, we cannot allow residential development in this
Valley until the air quality does meet the federal air quality
standards. He stated that in his opinion this is not only a duty
in principle but is provided for by law in the California Environ-
mental Quality Act which says, in part, that "the guiding criteria
for public decision is the long term enhancement of the environment".
We certainly can't enhance the environment, in the long run, if the
short run growth permitted prevents the City from ever meeting en-
vironmental standards.
Cm Miller stated that he would like to argue that it is, or should
be, an obvious principle that you don't take chances with the "public's
health". He stated that he would argue that this is a conservative
view and would also argue that it is bordering on "reckless" to bet
that technology will save us and that the automobile emission controls
will work. These kinds of arguments have been used for 40 years in
Los Angeles and obviously to no avail.
Cm Miller continued to say that limited growth in the Valley is pri-
marily an environmental and pUblic health issue. In his opinion'the
issue is clear cut. The facts for the Valley provide the facts for
a successful resolution, in the City's favor, in the event of inevi-
table developer law suits. The trends of court decisions appear
CM-30-400
September 29, 1975
(Gen Plan - Growth Rate)
to favor a stand on this point of air pollution and environmental
matters. Somewhere along the line, when it is clear that residential
growth is going to increase the hazards of air pollution, some City
Council has to have the courage to stand firm on growth limitation.
We have a severe smog area which has not already been covered with
houses and it would seem that this would be the place the public
officials' responsibility to public health should appear. Consequently,
Cm Miller stated that if he believes what the Environmental Quality
Act means and if he takes his responsibility about protecting public
health seriously, and believes what he has been told by the National
Academy of Sciences about air quality standards and reaffirmation
of the air quality standards and what happens when you exceed them
with respect to your health, then the only plausible and reasonable
thing for this Council to do would be to accept a zero growth rate.
He stated that the only exception he would be willing to place on
this would be a small percentage of low-income housing for which
sewer allocation has been reserved. He feels this is a reasonable,
conservative, moderate position in view of our "worse part of a
critical air basin", and smog second only to the Los Angeles basin
situation.
The present views about effects on long-term air quality and growth
rates at the present are based on estimates. Estimation methods
may improve to the point that they may say it is even worse than
we thought or could conceivably improve to the position where they
say it is better than they thought and some growth might be allowed.
It would seem reasonable, therefore, to review this in five years
or when better models are available. One of the reasons five years ~,.J
would be more reasonable is becapse._the EP~ regulations for stricter~,'t:
automobile controls, for examp~~l:back. It is the impositio~~
of these controls which say things might improve somewhat in the
next five to sixteen years and if they keep setting them back they
are not going to improve things.
em Miller stated that his argument is that the City should have no
further residential growth with the exception of the 4,000 gallons for
low and moderate income housing, until 1980. In 1980 the situation
could be reviewed again and a 1-2% growth rate at this time may be
perfectly reasonable if we have met the air quality standards.
Cm Miller stated that he would like to repeat that he feels the
proper and conservative position that should be taken on health
grounds for this Valley is that there be no further residential
growth until 1980 when this whole issue should be reviewed again.
Since this is not consistent with the motion he cannot vote for
the motion and would hope the motion will be defeated and discus-
sion can proceed about adverse affects of smog with respect to
the health of the people and the Council's responsibility to do
something about it. Since we are the worst in the critical air
basin and since we have repeatedly been described as having smog
second only to Los Angeles, the environmental situation in this
Valley is not like it is in Petaluma where there are other arguments
or in other places where they are arbitrarily trying to limit growth.
We have health grounds and legal power to limit growth in this Valley
and Cm Miller stated that he believes we need to do what is best for
the protection of the Council's constituents.
Cm Turner stated that he would like to discuss the issue from a
different point of view. At one time there was discussion about
a growth rate of .5% through 1980 and at that time there was really
no oposition to this figure. In reading the minutes of the P.C.
he is not convinced that the 1~-2% would be reasonable.
CM-30-40l
September 29, 1975
(Gen Plan - Growth Rate)
Cm Turner stated that if we were to grow at .5% through 1980 and
then grow at 2% through the Year 2000, there would be a population
of approximately 71,000. He would suggest that rather than looking
at an increase in residential, the Council should look at trying to
build up our industrial and commercial base to lend justification
to support~ resid~ntial oPula~tion in the City of Livermore.
.:zA-L- ~ T..... 7:T *' . ~
~---r .
em Turner stated that it doesn't ap ear to make sense to try to
expand the City when there aren't services such as places to
work and places to shop, to support the additional growth. He
stated that for these reasons he will remain with his original
conviction, that a .5% growth rate. for ~hc firs~ fi7e years is
reasonable through 1980. Based on the fact it would probably
take us three years to expand our sewer capacity the most growth
that could be realized would be no more than 3% during the five
year period. Therefore, the .5% growth rate for the first five
years would appear to be reasonable and perhaps goes along with
what the Planning Commission is trying to say.
(-
~--j
Cm Turner stated that he believes the City has to establish an
industrial and commercial base to support the additional popula-
tion and feels this is the issue that should be examined first
and, hopefully, by 1980 the smog situation will be better.
Mayor Futch stated that Cm Staley pointed out earlier in the
meeting that any course of action taken has certain risks in-
volved. There are some advantages and some disadvantages with
anything done and the option would be to do nothing. The comment
that the population that would satisfy the air pollution standards
is 55,000, is assuming we are not going to have any mitigating
measures. Mayor Futch stated that he believes it is obvious we
are going to have changes with respect to the size of the automo-
bile and in our commuting patterns because of the cost of petro-
leum products and this is certainly not a factor that is built into
the calculations.
Mayor Futch stated that he believes we must make some plans for
the future. The plans that we are making in the General Plan
will not be possible if we do not get the grant for expansion
of the sewer. The difference in the number of days exceeding
the air quality if you add a population of 50,000 is four.
Mayor Futch stated that the Council has to look at the relative
magnitude of the problem that is being discussed and whether
some of the desirable effects would not help mitigate those
problems.
Cm Staley stated that it would seem there are three different
categories with respect to barriers or impairment to growth.
One is that while there are problems which are theoretically
solvable they probably cannot be solved within the next 20 to
30 years. He stated that these things are items such as earth-
quake faults and problems of a large magnitude that would pre-
vent us from making growth plans. The second group of problems
he would classify as environmental problems and would include
items such as smog, sewage, and to some extent water which could
perhaps be mitigated with regional cooperation and money. The
third group could easily be mitigated by the efforts of Livermore
without outside assistance such as schools, parks and public
improvements, if sufficient funds are available.
c
em Staley stated that he believes the General Plan should be
designed as showing the upper constraints that cannot be solved
under any circumstances within the foreseeable future such as
steep terrain, earthquake faults and other such items.
CM-30-402
September 29, 1975
(Gen. Plan - Growth Rate)
It would appear that what the P.C. has said about filling in the
City and the mitigating measures for the good of the City are very
reasonable and it would seem that our upward limit should be what
would be reasonably good for this City in terms of future population
as limited by those constraints which the City can probably do noth-
ing about.
Under these circumstances and with the projections Cm Staley has made,
using a 1.6% growth rate for Livermore, it would seem that if Liver-
more did not have the problems of smog and sewage that a growth rate
of between 1.2 and 1.6 or even perhaps as high as 2% would be appro-
priate. Cm Staley stated that he also agrees that the points made
by Cm Turner are very good and that within the next three to five
years we will almost certainly be limited to not having any growth
in Livermore because of the problems of not having sewage capacity
and having problems with the environment.
Cm Staley stated that for the reasons he has mentioned he feels he
could support a growth rate of 1.2 to 2%. Also, by supporting this
as a long term growth rate or a long term goal does not require the
City to grow at that rate during the next two years, four years or
even 10 years. There are different factors affecting our growth and
the General Plan growth. rate should use the growth rate with the
optimum conditions with the understanding that many intervening
variables, such as smog and air quality, may keep us from attaining
that growth rate.
Cm Miller stated that he would like to respond to some of the comments
made by Cm Staley. First of all, Cm Staley has placed smog in the
category of which area-wide cooperation and lots of money can solve
the mitigating problem. Smog is probably a 10-15 year problem, at
best, including mitigating measures for Livermore to meet the air
quality standards. He stated that he feels he must emphasize that
these standards are set on health grounds.
The P.C. did not discuss, in any rational way, the mitigating measures.
There is very little in their discussion about them and if you think
about what the mitigating measures are, there is only one that would
have a significant effect - converting commuters to local jobs.
However, this mitigating measure will take some time and if you
continue to have a proposed growth rate if we acquire additional
sewage and allow residential development, we have wasted our time.
-\
Cm Miller added that if there were no air quality problems or other
problems the 1.2% to 1.6% growth rate would be acceptable to him.
It has been mentioned that in the next five years it would be unlikely
that Livermore would reach this growth rate and Cm Miller stated that
what he would like to suggest is that this issue is sufficiently power-
ful that if the growth isn't going to be reached in the next five years
it should be dealt with honestly. The honest dealing with this is
that the air quality is bad in this Valley and that residential growth
in the next five years is unsafe from a health standpoint and that
we are perfectly willing to consider a 1.2% growth rate as a long
term growth rate, or whatever figure would be appropriate, but in
the next five years while we work on mitigating measures we are not
going to add any additional residential growth.
Cm Miller urged that the Council speak honestly about this issue and
to come out and say that until 1980 the air quality is going to remain
bad and we don't dare allow residential growth in the Valley. In 1980
we can review the entire situation if our mitigation measure works.
If 1/3 of our commuters go to public transportation it may really
make a difference and if it does and the air quality level is down,
fine. We can, at that time, grow at a rate of l~-2%.
em Miller added that the moral issue is that the City shouldn't take
a .5% growth rate but rather we should be working on the mitigating
measures. The use of our sewer capacity for mitigating purposes will
CM-30-403
September 29, 1975
(Gen. Plan - Growth Rate)
have some effect.
affect. Cm Miller
in this Valley are
and development in
anything else.
We will have to work at it but it should have some
stated that he feels some jurisdictions operating
extremely irresponsible with respect to growth
its connection with air quality and schools or
It is true that Livermore will be affected if Pleasanton wants to
grow to a population of 3,000,000 in five years and they can get
someone to give them the sewage that would allow this growth. The
point is that if Pleasanton wants to double their growth in the next
five years it affects Livermore because we are down wind from them and
we have a better moral justification for looking at the real issue,
which is primarily air quality, if we haven't said we will go ahead
and take 1~-2% because we know it will really be less. It would be
better to look at the situation as it is and not agree to more than
the .5%.
Cm Miller stated that this Valley has the worst air quality in northern
California and the time has come, in this particular area, to pay some
attention to the affects of smog to the health of the Council's con-
stituents. Our legal and moral position is better by making this point
with all the agencies that deal with expansion of utilities in the Valley
of any kind. There are no mitigating measures to making a smoother look-
ing city and no mitigating measures to filling out the Greenville North
area if they are goi~9, to be filled with commuters. That is not a miti-
gating measure - it~~es the map look nice.
Cm Miller stated that he would be willing to accept the 1.2% to 1.6%
in the long run, subject to environmental considerations. However,
in the next five years he believes the Council should face the issue.
The existance of sewage capacity should not be related to the growth
rate - the growth rate should be related to the air quality problems.
Cm Staley stated that he realizes we have violated the federal air
quality standards but is not convinced that the air quality for this
City is so bad that for the next five years, as a pOlicy, we should
not grow other than low-income housing residences. He stated that
he would be more willing to support a long-term growth rate with
the understanding that decisions are being made on the basis of
air quality with respect to residential growth over the next five
years. This should be based on a different standard than we are
looking to for the long-term rate because in any given year it may
change. He stated that he sees the General Plan as a long term
measure and could support a 1.2% to 1.6% growth rate.
Mayor Futch commented that on a short-term basis the growth rate
is just not changed to any significance.
Cm Miller stated that Cm Staley has indicated he would be in favor
of a 1.2% to 1.6% growth rate for long-term planning and there doesn't
seem to be any argument from anybody about this figure for long-term
planning. The real issue, however, is the short-term figure. The
Council had a discussion about this a couple of months ago and came
to about the same conclusion. The motion was unanimous at that time
that the problem was serious enough that we could accept the lower
growth rate between now and 1980, which was about .5%. He would
ask that the Council at this time reaffirm what was said a couple
of months ago. To go to a higher growth rate because it is ~he
long-term rate just doesn't make any sense. Tft~ left~ ~erM ra~e
is S~a~8Q in tho Cenoral Plan for aft o~erall 2% subject to ~eview
a~ain in 1980.~\~'
~
o
CM-30-404 ~
September 29, 1975
(Gen. Plan - Growth Rate)
Cw Tirsell stated that she believes the Council is not in disagree-
ment with one another. What was submitted to the consultants was
the .4% which the consultants say they cannot support. They can
support an E-O as a 1.2 to 1.6% and they are prepared to defend
this figure, in court. They are not prepared to defend .4% or zero
in court. The consultants have said that the natural growth rate,
computing the birth over death rate, is about 1.2%. conservatively
speaking this number may be less but it means that Livermore will
grow at about a 1% rate without anyone moving into Livermore or
moving out.
Cw Tirsell pointed out that the consultants are asking that the
City not make the object of the whole General Plan the worst
constraints. This should not be the object of the General Plan
where you are supposed to be planning a City. These are a subject
matter for ordinances and for all the supplementary material in the
General Plan. Just as with any General Plan, we show a complete
circulation pattern and the Council also knows that the circulation
plan doesn't have a chance unless everybody drives their car con-
stantly from now until the Year 2000, because the gas tax money is
the way we extend our streets. If the gas tax money continues to
disappear the way it has been, there is no way this City can complete
the circulation pattern that is on the General Plan. Nevertheless,
the consultants do not say to show only a partial circulation pattern
because this is all Livermore will ever have because the gas tax
money is disappearing. The consultants see this constraint but they
are saying that this is the circulation pattern your City should have
at a certain point. They do not say to show only a fragmented cir-
culation pattern because resources are disappearing. Cw Tirsell
added that the consultants have asked that the City not place its
hopes and legal defense on anyone constraint be it environmental
or economic and neither would they ask us to place it on seismic
problems, earthquake faults, flooding, or any of the other environ-
mental problems. The General Plan is the general growing pattern
and the ultimate design for the City and the major constraints
should not be the basis upon which the City will grow.
Cm Miller stated the question about what can be defended in court
does not apply only to our General Plan consultants. There are
people who believe that a case with good facts on air quality grounds
has an equal chance to stand up in court. He stated that in large
part he agrees with what Cw Tirsell has said about the overall design
of the General Plan but the example used by Cw Tirsell deals with
the physical aspect of the General Plan. What the Council is doing
is trying to determine how to look at the time rate of achieving that
ultimate General Plan. He stated that he sees a time rate that indi-
cates the City should be careful for the next five years because of
the air quality problems but this doesn't mean the Plan should be
changed. It would mean that perhaps development should be postponed
until about Year 2010 rather than in 1990. There is no reason the
City should not be cautious until 1980 and review it again at this
time because the situation could be different. It could be possible
that, for instance, industry could come in and take 1/3 of our com-
muters.
ern Turner stated that he would agree with the figure of 1.5% for
the long-term planning because this is the figure the consultants
have indicated they could support in court. However, he is con-
cerned about the short-term figure because he doesn't want to be
committed to a 1~-2% growth rate between now and 1980 because of
our sewer problems, etc. He stated that he prefers to stay with
the .5% growth rate until 1980 and hope that the consultant could
defend this in court.
Cw Tirsell stated that her concern is winning this little battle
and then losing the whole war in court. What if the whole mechanism
falls because it has been placed on one constraint. We know that
CM-30-405
September 29, 1975
(Gen. Plan - Growth Rate)
at this time there is no legislation backing air pollution and yet
there is no hope that the Air Maintenance Quality Plan will do any-
thing for us. She stated that, unfortunately, Livermore can't look
to help from anybody and our consultants are saying that they can
defend this plan. She emphasized that she doesn't want to lose the
war.
AT THIS TIME THE MOTION TO ADOPT THE P.C. RECOMMENDATION
GROWTH RATE OF 1~-2% PASSED~ (Cm Miller dissenting).
..3-.:1. ~~
~ 0if~ .
FOR A
GROWTH RATE RESOLU-
TION TO LAVWMA
Mayor Futch stated that last week the Council adopted a resolution
which related to the growth rate which was sent toLAVWMA and that
the resolution sent to them was incorrect in the final wording.
This matter must be reviewed at this time with the corrections and
wording clarified.
Mayor Futch stated that for the most part the decision concerning
the resolution was a deadlock decision with a 2-2 vote up until
the very end of the late meeting and CW Tirsell had mentioned
that she would like to discuss the item when Cm Staley is present.
Mayor Futch stated that he would like to give Cm Staley the oppor-
tunity to express his views on this matter.
Cm Miller stated that he would suggest this item be continued for
one week.
IT WAS CONCLUDED THAT THIS ITEM WILL BE PLACED ON NEXT WEEK'S AGENDA
UNDER OLD BUSINESS IN ORDER THAT CM STALEY MIGHT HAVE THE OPPORTUNITY
TO REVIEW THE MINUTES FROM THE MEETING OF LAST WEEK AND THE WORDING
CHANGES SUGGESTED, ON MOTION OF CM STALEY, SECONDED BY CM TURNER
AND BY UNANIMOUS VOTE.
MATTERS INITIATED
BY THE STAFF
(Executive Session)
The City Attorney requested an executive session immediately after
the meeting to discuss condemnation of the fire station property
and litigation.
MATTERS INITIATED
BY THE COUNCIL
(Greenville Park)
Cm Turner asked that the staff furnish the Council with a status
report concerning the Greenville North park site acquisition. The
City Attorney responded that they were waiting to hear from the court.
(Police Department
Budget Item)
Cm Staley stated that in the past he questioned a~ listed in
the budget for the Police Department, in the past. In the meantime
he is satisfied that this item is warranted and is no longer question-
ing the item.
CM-30-406
September 29, 1975
(Trucks Parking)
Cw Tirsell stated that on the north-east quadrant of the property
at Las positas and Airway Boulevard there are large trucks parking
on this property and would like the staff to find out who owns this
property and that this be investigated.
(Parking Fines)
Cm Staley stated that with respect to the problem of parking and
financing parking lots, most cities have a schedule on parking
fines and this might be an item to be discussed by the Council as
an agenda item. Perhaps recommendations can be made to the court
as to what a fine should be for an infraction of this type.
(Regional Sewage Agencies)
Mayor Futch commented that both the Regional Water Quality Control
Board and BASSA have stated policies opposed to additional sewage
agencies within the Valley. Recently they have adopted a resolution
encouraging Zone 7 to become an additional sewage agency in the
Valley. It would seem appropriate that the Council write a letter
asking them why they have changed their pOlicy and pointing out
that both LAVWMA and the City of Livermore are opposed to prolifera-
tion of sewer agencies.
INTRODUCTION OF ORD.
RE SEWER CAPACITY
ALLOCATION
Cw Tirsell suggested a wording change in the ordinance as follows:
Second WHEREAS: WHEREAS, no state or federal funding has been
available (omitting "is presently") ...etc.
Cw Tirsell stated that the inclusion of moderate housing in this
ordinance concerns her because the City has no definition for moder-
ate housing.
It was noted that the "moderate" income is in the first number and
the Council asked for the "low-income" be included.
Cw Tirsell asked if the City intends to reserve capacity for moderate
income housing and Cm Staley explained that what HUD considers mod-
erate housing is a family of four on a salary of $12,000.
The City Attorney explained that the definition "moderate to low"
refers to where there is a lack of housing for these people.
Cm Miller suggested including on Page 2, under (3) the following:
(3) to service a development of moderate-to-low income housing,
as defined by HUD.
CW TIRSELL MOVED TO AMEND THE SECOND WHEREAS, AS LISTED ABOVE,
AS WELL AS THE WORDING "DEFINED BY HUD" (3) ON PAGE 2., SECONDED
BY CM MILLER AND PASSED BY UNANIMOUS VOTE.
It was noted that the City Attorney will use the Department of
Housing and Urban Development rather than (HUD).
CM Miller asked that the Council consider adding some additional
"Whereases", 1) after the second whereas to add:
"WHEREAS, statistics show the Livermore-Amador Valley
has, on the average, the worst air quality in northern
California~ and"
CM-30-407
September 29, 1975
(Ord. re Sewer Capacity)
2) the second WHEREAS would be on page one before the last whereas,
to read: WHEREAS, COMMUTING ALSO INCREASES THE UNNECESSARY WASTE OF
OUR ENERGY RESOURCES SUCH AS GASOLINE AND OIL: AND,
em Staley stated he did not understand how commuting directly relates
to sewer capacity allocation.
Cm Miller stated what they are doing is looking at problems that
are raised by commuting. It is hoped that the capacity in the
sewer plant will be used to try to convert commuters to local job
holders and the reason is that it has an environmental affect
because of the air pollution and has an energy conservation effect
by reducing the amount of gasoline and oil.
Cm Staley stated that the city has allocated its sewer capacity
based on our present lack of that capacity, and he could not be too
sure that commuters have anything to do with that.
Cm Miller stated this is why the city is reserving what is left for
iDdustrial and commercial. Economic imbalance is one reason and
air pollution is another, and he wished to add' a third reason. '
Cm Turner stated he would like to have the word "unnecessary" de-
leted from the last "whereas" suggested by Cm Miller as he felt
it was redundant, and Cm Miller agreed to the deletion, so that the
paragraph would read as follows:
WHEREAS, COMMUTING ALSO INCREASES THE WASTE OF OUR
ENERGY RESOURCES SUCH AS GASOLINE AND OIL: AND
Cm Miller also suggested that in the last line on page 1, the
paragraph should end, "...and thus more air pollution and energy
waste; and"
Mr. Logan suggested that the word "waste" be changed to "consump-
tion" as waste is the unnecessary consumption and suggested that
after "air pollution" the words "and unnecessary energy consumption"
be used, to which Cm Miller agreed.
Cm Miller stated he would like to add one other "whereas" after the
paragraph just corrected to read as follows:
WHEREAS, NEW COMMERCIAL AND INDUSTRIAL USES WILL CREATE
NEW LOCAL JOBS AND THUS HELP CONVERT COMMUTERS TO LOCAL
JOB HOLDERS, THEREBY REDUCING AIR POLLUTION AND ENERGY
CONSUMPTION; AND
MAYOR FUTCH INDICATED HE WOULD MAKE ALL OF THESE SUGGESTIONS AS
AMENDMENTS, AND THE MOTION WAS SECONDED BY CW TIRSELL AND PASSED
UNANIMOUSLY.
Cm Turner asked what the Council was voting for and it was explained
that they were doing each item and the motion to be voted on at
this time were the changes suggested by Cm Miller.
em Turner stated that Cm Miller stated that commuting also increases
the waste, and he was not sure that it should be waste. Cm Turner
suggested that the second "whereas" added by Cm Miller be changed to
read as follows:
WHEREAS, COMMUTING ALSO INCREASES THE CONSUMPTION OF
OUR ENERGY RESOURCES SUCH AS GASOLINE AND OIL; AND
CW TIRSELL SECONDED THE AMENDMENT, AND THE MOTION PASSED UNANIMOUSLY.
CM-30-408
September 29, 1975
(Ord. re Sewer Capacity)
Cm Turner referred to the fifth paragraph regarding the primary source
of air pollution and stated that he was not convinced that they have
found the automobile exhaust emissions to be the primary source.
The Council discussed this point, and concurred that the paragraph
should remain as written.
Cm Miller stated that he did not remember the exact wording of
Resolution No. 55-75, but his thinking was that it adopted a policy
of allocating the remaining sewer capacity to low and moderate in-
come housing and industrial and commercial uses.
CW Tirsell concurred that that the word "commercial" had been left
out, AND THE WORDS "AND COMMERCIAL" WERE SUGGESTED TO BE ADDED AT
THE END OF THE FIRST PARAGRAPH ON P. 2 AFTER "INDUSTRIAL".
Cm Miller asked the City Attorney if the following "whereas" might
not have value:
WHEREAS, THE GENERAL PLAN REVIEW COMMITTEE HAS FOUND A SUBSTANTIAL
POPULATION TURNOVER EACH YEAR SO THAT HOUSING BECOMES AVAILABLE
FOR NEW RESIDENTS WHO WISH TO COME TO THE CITY OF LIVERMORE.
CW Tirsell stated she had no objection to the use of that paragraph,
except that she felt this was based on estimates.
em Miller asked Mr. Logan asked about the indication of the right
to travel and Mr. Logan stated that he did not have any concern about
the right to travel as there was nothing in the proposed ordinance
directed toward transients. This last suggested paragraph was not
added.
Cm Miller questioned the allocation of the 45% of the increased
capacity to residential and 45% to commercial or industrial.
The City Attorney stated that the Council must be very careful about
being consistent with the general plan when another MGD is added to
the sewer capacity it is not a critical situation as when there is
only 40,000 gallons left. As far as he is concerned the Council does
not have any factual basis to justify anything other than 45-45 on
1 MGD. When Cm Miller questioned this statement, Mr. Logan replied
that when you add another 1 MGD capacity you have to allocate it
reasonably between industrial and commercial.
Cm Staley stated that the ordinance draft states that until such time
as the effective dry weather capacity is increased over 5.0 MGD, not
afterwards. Sec. 18.19.3 is talking about the remaining capacity we
have at the plant, not the future expansion.
However, the other members of the Council disagreed and pointed out
that that it was from the time of future expansion.
Mayor Futch stated he would prefer to wait until next week and
have the City Attorney comment on that in more detail, however Mr.
Logan stated he was not the one to make any comments and added he
did not mean to foreclose any idea that the Council might have to
use 90% even with an additional 1 MGD, but to his recollection the
Council had never really discussed that possibility. To his recollec-
tion the Council talked about 45-45 in the General plan, so if the
Council wants to study this in a little more detail, there may be
findings that can be made to justify 90% on the additional 1 MGD -
that would be fine.
Cm Miller asked that a copy of Resolution 55-75 be included on the
agenda together with an amended draft of the proposed ordinance. He
would also want to discuss the II commitment II in 18.19.4 re the right to
CM-30-409
September 29, 1975
(Ord. re Sewer Capacity)
a connection shall terminate in two (2) years from the effective
date of this ordinance. Cm Miller stated he would like to add
the following sentence: liThe capacity of such residential connec-
tions shall revert to industrial and commercial allotment."
CW Tirsell stated she thought they had meant to do just that
within the 5.0 MGD as there was no way to reach the 45% reserve for
industrial in the remaining capacity as they are over-committed on
residential.
The Council agreed to the addition of the sentence suggested by
Cm Miller.
Cm Staley stated that he was not a member of the Council when the
vote was taken on the 45-45 and did not know the basis, but from his
Planning Commission discussions he did not know how the Council
justified the 45-45 of any expansion.
The Mayor stated that they needed some figures from the staff as
to what is justifiable.
Mr. Logan stated that the more discussion and the more factual infor-
mation the Council felt secure with the better off they would be.
Mr. Logan asked if there were other changes the Council would like
to make.
Cm Turner stated that he was concerned about Sec. 18.19.5, and
stated he would like to see 10% rather than 5%.
Mr. Logan explained that the 5% was thrown in only because the Coun-
cil determined that it would be a small enough figure for several
smaller industries to come in, but if anything bigger came in the
Council might have some hand in determining if it would be a better
industry.
Cw Tirsell stated that if it was an industry like Intel, or anyone
else that uses up to 10% of the remaining capacity, it would be
a little ludicrous to have the Council haggle over those numbers.
It was concluded that the Council would discuss the proposed ordinance
further next week.
ADJOURNMENT
There being no further business to come before the Council, the
meeting was adjourned at 11:15 p.m. to an executive session to
discuss pending litigation.
ATTEST
?/u4 / Z;U
, Mayor,
APPROVE
CM-30-4l0
Regular Meeting of October 6, 1975
A regular meeting of the City Council of the City of Livermore was
held on October 6, 1975, in the Municipal Court Chambers, 39 South
Livermore Avenue. The meeting was called to order at 8:10 p.m.
with Mayor Futch presiding.
ROLL CALL
Present: Cm Turner, Miller, Staley, Cw Tirsell and Mayor Futch
Absent: None
PLEDGE OF ALLEGIANCE
Mayor Futch led the Councilmembers as well as those present in the
audience, in the Pledge of Allegiance.
MINUTES OF SEPT. 22, 1975
Page 371, third paragraph from the bottom, second line should
read: indicated they would use the ABAG figures to determine funding.
(end of second line and all of third line deleted).
Page 378, third paragraph from the bottom third line should indicate
a .4% growth rate rather than a 2% growth rate.
Page 365, after the sixth paragraph add the following new paragraph:
Cm Turner stated that he would be interested in knowing what their
accounting practice is to determine profits and loss and Mr. Marguth
indicated this is a concern of the Committee and that the Ways and
Means Committee will be actively involved in the project.
Page 366, paragraph beginning with Lois Hill, line 13 should read:
Supervisors. Secondly, this would place planned policy in.....etc.
Page 367, last paragraph, 2nd and 3rd line should read: been committed
in the past and if long term commitments are to be made in the near
future then this-Would continue under whatever........etc.
Page 375, second paragraph, last line should read: part, is
essential now without public transportation.
ON MOTION OF CM TURNER, SECONDED BYCM MILLER AND BY UNANIMOUS VOTE
THE MINUTES FOR THE MEETING OF SEPTEMBER 22, 1975, WERE APPROVED,
AS CORRECTED. (Cm Staley abstaining due to absence at that meeting.)
COMMUNICATION RE
BART FUTURE RAIL LINE
AND NOTICE OF INTENT
TO FILE NEGATIVE EIR
A communication has been received from Robert S. Allen, Chairman of
the LPX Board of Control, indicating that the Board of Control has
published a final draft showing the adopted route for the BART future
rail line as well as their intent to file an EIR Negative Declaration.
Mr. Musso explained that the letter is a response of the City's
notice of intention to prepare an EIR for the First Street reloca-
tion and the grade separation. He stated that the matter is really
a staff referral and should not have been referred to the Council.
Cm Miller stated that he would like to inquire about the possibility
of compatibility of a BART rail with another track even though the
probability that a BART rail will ever come through Livermore is
nearly zero. If, however, it does come through Livermore it would
be useful to know that everything we are doing up to this point is
compatible.
Mr. Parness wondered if Cm Miller is referring to the overpass
and em Miller indicated that he would like to know if the overpass
and the rail lines through town would be compatible.
CM-30-4ll
October 6, 1975
(re BART Rail)
Mr. Parness indicated that there has to be a lot of property acqu~s~-
tion made for the lines but with respect to the overpasses this will
be brought to the attention of the design engineers.
Mayor Futch stated that there would be significant additional cost
to provide for the BART line but BART should be willing to pay their
share of the additional cost.
Cw Tirsell wondered if the grade bed for the overpass is wide enough
to accommodate BART and Mr. Parness indicated that there would have
to be additional right-of-way for this purpose and it would be a rather
large cost but it could be done.
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE
THIS ITEM WAS REFERRED TO THE STAFF.
REPORT RE MUNICIPAL
INSURANCE INVESTIGATION
The City Manager reported that during the budget hearings a discus-
sion of insurance raised the question as to the availability of
liability coverage and rates. The former insurance agency for
the City cancelled our coverage prior to the policy term and be-
cause of this our local agent was required to negotiate a pOlicy.
The City Council agreed to allow an independent firm to assess our
insurance program and prepare specifications for competitive bid-
ding prior to expiration of our present pOlicy. For an additional
nominal fee the firm will analyze the feasibility of a "risk manage-
ment" program concerning Workmans Compensation insurance.
It is recommended that the Council adopt a resolution authorizing
execution of an agreement with the firm for analyzing our insurance
situation.
ON MOTION OF CW TIRSELL, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE, THE RESOLUTION WAS ADOPTED.
RESOLUTION NO. 2ll-75
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
(Mund, McLaurin & Company)
Prior to the vote Cm Staley indicated that it was his understanding
there is a study being done at present.
Mr. Parness explained that there was a study done in years past
and this would be a renewal of the study with the addition of a
partial "risk management" proposal. Mr. Parness added that Contra
Costa County is using this type of plan and the City intends to
keep in touch with them to determine if this City could do the
same. Many cities are finding that premiums are so high they
simply can't afford the cost and are taking the "risk management"
approach.
Cw Tirsell wondered where the City will get money to payoff claims
if it undertakes liability for its own City.
Mr. Parness explained that a significant amount of the General Fund
budget is reserved for the payment of premiums and if the City were
to undertake a portion of this it would be budgeted. The preserva-
tinon would be the amount of what the premium costs would be and would be
computed to indicate what the needs would be for a certain number
of years. The County, for example, has accrued a substantial reserve
beyond their expectations in the amount of money that would normally
be budgeted for premium payments.
CM-30-4l2
October 6, 1975
RES. AUTH EXEC. OF AGREE.
W/STATE RE IRRIGATION
OF LANDSCAPING
The Director of Public Works reported that an agreement has been
received from the state which would make available our treated efflu-
ent water for irrigation of landscaping of 1-580. This matter has
been under staff negotiation for about a year and with such a con-
tract the Doolan Canyon construction project would qualify for an
87.5% federal-state construction grant.
Mayor Futch asked about the requirements of State Order 74-7l, and
Mr. Lee explained that this is the Regional Water Quality Control
Board regulations with respect to the use of the effluent on state
property.
Mayor Futch asked if these regulations differ from those regulating
effluent into their creek and Mr. Lee indicated that they are. The
regulations establish monitoring and health considerations.
The monitoring will be done by the City at the plant and the matter
of effluent was discussed because in the beginning the contract
indicated that not any of the effluent could leave the state right-
of-way. The question came up as to what if some of the effluent
ran into a storm drain and these matters had to be resolved to the
satisfaction of both the state and the City.
Cm Turner stated that in Mr. Lee's letter there is indication that
the state will bear the cost to connect to the City's system and
asked that Mr. Lee explain because the letter also says the state
will pay the City $20,000 upon connection as partial reimbursement.
Mr. Lee explained that the state will pay $20,000 as well as the cost
of the meters and actual physical connection. These are two separate
items.
Mr. Parness commented that this contract would be extremely beneficial
to our City. We will be getting a reservoir system that will be of
inestimable benefit to our golf course irrigation program, it preserves
our treated effluent, and does provide some irrigation to the freeway
project. The City will receive $20,000 and 87.5% of the reservoir
project will be funded.
Mayor Futch wondered if the standards would be less stringent than
those for discharging into the creek and Mr. Lee commented that
he believes the regulations would be about the same as those for
using effluent for the golf course.
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE THE RESOLUTION WAS ADOPTED.
RESOLUTION NO. 2l2-75
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
(State of California, Department of Transportation)
RES. RE WASTE WATER
CAPACITY ALLOTMENTS
- PROPOSED LAVWMA FACILITY
At the City Council meeting of September 22, 1975, a resolution
regarding the waste water capacity allotments in the proposed
LAVWMA facility was presented to the Council for consideration,
prepared by Mayor Futch.
After considerable discussion the Council adopted the resolution
which had been amended by adding an additional WHEREAS clause and
adding the word "reluctantly" under (1) NOW THEREFORE.
CM-30-4l3
October 6, 1975
(LAVWMA Facility)
During the retyping of the resolution the WHEREAS clause was omitted
and in accordance with Council direction all three copies have been
distributed to the Council for review. It is necessary that a resolu-
tion rescinding Resolution No. 208-75 be adopted.
MAYOR FUTCH MOVED TO ADOPT A RESOLUTION (3.3(a)) ORIGINALLY PREPARED
BY HIM. MOTION SECONDED BY CM TURNER FOR DISCUSSION PURPOSES.
Cm Turner explained that at the meeting of September 22nd he voted
in favor of the motion to adopt the resolution because there was
indication that it was essential the Council take some type of
position that evening. He stated that he did agree with some of
the comments made by Cw Tirsell that evening but did not agree with
everything that was said. Since the Council is again reviewing the
resolution he would like there to be discussion and hopefully a few
wording changes that he would like to see included.
Mayor Futch commented that one of the primary concerns expressed by
Cm Miller has been the air quality grounds and the reason he is oppos-
ing the size of the facility. He stated that he and Cm Miller have
had the opportunity to review the data contained in the EIR prepared
by LAVWMA but the other members of the Council have not had the
opportunity to read the data contained in this report on air quality
and the projections for the future. He added that since this is such
an important item he feels the Council should review the material and
has prepared view graphs to show the Council.
Cm Miller stated that he has prepared another resolution which has
been distributed to the Council and while Mr. Lee is preparing to
show the graphs the Council may review this resolution and discuss
it.
Mayor Futch stated that the fundable population for the LAVWMA
facility is l48,7l7, based on the figures from the State Water
Resources Board. Mayor Futch stated that he has just read a
letter from the State Water Resources Board which indicates they
will allow only 89 gallons per day, per capita, in projecting what
future capacity should be. Previously the City has been using the
round figure of lOO gallons per day. This would give a total capacity
for the Valley of l3.26 MGD. The present capacity is lO.7 MGD. There-
fore the future growth for the Valley is a difference of 2.56 MGD.
If Livermore convinces LAVWMA that all three communities should grow
at the same rate it would mean an additional l.19 MGD for Livermore,
or a l.09 MGD additional if the State Water Resources Control Board
population projections are used. If we assume that 45% will go for 1
industry and commerce, lQ% ~o low income and 45% to residential,
then Livermore's population in 1996 would be the present population
plus 55% of the l.09 MGD, divided by the 89 gallons per day per
person or a total population of 56,736.
Livermore does intend to use a significant fraction of the 1 MGD
for industry and commerce. If all of the capacity were to service
residential growth the population would be approximately 63,000.
Mayor Futch stated that these are the reasons he believes Livermore
needs the 1 MGD expansion and that anything significantly different
would not enable Livermore to go for the 1 MGD.
Mayor Futch stated that the LAVWMA Model is basically a statistical
model and the model makes a number of assumptions; the most important
one being that they assume the oxident level that will be attained
in the future is proportional to the reactive hydro carbons. The
curve on the graph shows the trend from the present time up to the
Year 2000 for population (l90,000) and using the upper curve in the
worst case in which they assume Congress will not enforce 1977 auto-
mobile emission standards. The bottom curve assumes the automobile
standards will be enforced and uses a population figure of 157,000.
CM-30-4l4
October 6, 1975
(LAVWMA Facility)
Mayor Futch then showed graphs indicating the LAVWMA days exceeding
the standard .08 as a function of time for the two populations -
190,000 and l57,000. The graph indicates a typical and average
meteorological year as 1973 decreasing to l5 days with a population
of 190,000 and 9 days for a population of l50,000. If one assumes
a very poor meteorological year which may occur about every 5-l0
years, you will get more days exceeding the standard but the average
number, per year, would still be about the same. If there are poor
years there are also better years and the average comes to about
the same.
Mayor Futch stated that last week he estimated what the difference
in the population would be and the number of adverse days at the
end of the LAVWMA project if we had the present population then as
we do now. with no growth the difference would be 2.4 days in 1996.
The Mayor indicated that these figures were those given to LAVWMA
by Jack Jenkins, the person preparing the EIR for LAVWMA, when LAVWMA
requested the figures using no growth. It is coincidental that the
figure 2.4 agrees with the estimate made by Mayor Futch last week.
In any case, regardless of whether the population is l14,000 or
l52,OOO, we will have a significant decrease in the days exceeding
the standards during the time period shown on the Model. Mayor Futch
added that he feels the Model is very good and assumes no mitigating
measure; therefore, if there are mitigating measures and there is
capacity to provide for commerce and industry, the number can be
reduced.
Mayor Futch stated that the figures indicate the City is not trying
to plan a large amount of additional population and it would appear
to be a reasonable amount that the City needs because the City needs
the additional capacity regardless of whether it goes to residential
growth or industry and commerce.
Mayor Futch stated that he does have figures from the LAVWMA consul-
tant showing the population figure for various years and with these
populations would meet the Federal Air Pollution Standards: Popula-
tion of 35,200 in 1980; 60,000 in 1990; and 48,500 in 2000. The
point is, these figures indicate we will never meet the standards.
Looking at the matter of growth the Council has indicated in the
past that it would support a reasonable figure but if growth is
based on air pollution then Cm Miller is correct - zero growth is
the only number that would be environmentally consistent with meeting
the air pollution standards.
Mayor Futch stated that he believes this is not really a reasonable
approach and that one must weigh the advantages and the disadvantages
of growth. When you are talking about only 2 days exceeding the
average it doesn't seem like a significant number and then if mitigat-
ing measures can be used this number could even be reversed. He
stated that he feels the advantages of growth outweigh the disadvan-
tages.
Mayor Futch stated that we have already instructed the staff to
apply for a 1 MGD expansion and if the City indicates there should
be a decrease in the fundable capacity for LAVWMA then this is not
really being consistent and we may not get the 1 MGD.
Cw Tirsell stated that she would like to know what percentage of
our effluent will be going down the LAVWMA pipe.
Mayor Futch explained that the size of the pipe should be a size
that would handle the 13.6 MGD, which is the fundable capacity.
CM-30-4l5
October 6, 1975
(LAVWMA Facility)
Cw Tirsell stated that the point is, not everybody will pump all of
their effluent down this pipeline.
Mayor Futch commented that during the rainy season the effluent has
to be disposed of through the pipeline.
Mayor Futch felt the City would be more likely to receive the 1 MGD
if we go to LAVWMA and say that we need it for commercial and
industrial growth, rather than saying that the City feels the size
of the pipeline should be reduced. We have a lot of property in
the area of the railroad that we would like to see developed and
there is a need for the additional capacity. Once the pipeline
goes in it may be very difficult to receive future funding.
Cw Tirsell stated that using the 89 gallons per day, per capita,
would mean an increase of about 7,500 in population.
Cm Miller asked Mr. Lee if the plant is running about 4.6 MGD at
this time and Mr. Lee indicated that it is above that figure and
it could be at about 4.8 or above. It has been over a year since
the calculations were done but about a year ago it was 4.6-4.7
and it could be approaching 5 MGD now.
Cm Miller stated that Livermore has approximately 48,500 people
in the City and our average gallons per day, per capita, is about
lOO gallons. Apparently the different sewer plants in the Valley
are different. The LAVWMA letter indicates that grant program regula-
tions are limited per capita flow for growth population in existing
values or lOO gallons per day, per capita, whichever is less. Mr.
Lee has indicated that our plant is at 5 MGD with a population of
48,500 which means that our plant is using the 100 gallons per
day, per capita. The argument that it will be 89 gallons per day
mayor may not apply but the last official report received from
the state talked about l4.9 MGD and this is just another mechanism
for the fluctuations in the State Water Resources Control Board
calculations which change from week to week.
Cm Miller stated that the presentation made by Mayor Futch was
exellent and good points were made. He added that he would like
to say that the Council has talked about mitigating measures but
the other jurisdictions have not. VCSD is thinking about something
along these lines but Pleasanton hasn't given it any thought. We
are downwind from Pleasanton and population increments for the
Valley as the result of a larger pipeline will provide air pollu-
tion for us. The argument about why we should go for an additional
l49',000 is based on the belief that it is essential to get one more
MGD per day at all costs, otherwise our industrial needs cannot be
met.
Cm Miller stated that it is not clear to him that there is a need
for 1 MGD to take care of the commercial/industrial. The Council
is assuming that this Council and future Councils intend to be
rational about the application of our sewer capacity. There has
been discussion concerning the number of adverse days and Mayor
Futch pointed out that for 114,000 there are only 2.4 days difference
from l57,000 to 114,000. He stated that he has no reason to argue
with these figures for an average year.
Cm Miller stated that there are worse years and the worse years
determine whether or not the National Ambient Air Quality Standards
are met. According to the graphs the difference between the average
year and the worst year means about double adverse days for the worst
year, or about 5 more adverse days.
CM-30-4l6
October 6, 1975
(LAVWMA Facility)
Mayor Futch commented that the worst year will occur only about
every five years.
Cm Miller pointed out that the National Ambient Air Quality Standards
are the law and what the City is supposed to meet regardless of whether
or not the Council believes that not meeting the standards lO days out
of the year isn't bad. The severe mitigation measures that will be
imposed on Livermore by EPA have to do with the fact that we are
supposed to reach not exceeding the standards more than one day a
year, including the worst year. He stated that the discomfort of
the mitigating measures might not be necessary if we have less
sewage and less population. He suggested that the Council be consistent
with the environmental standards and the State Water Resources Control
Board should reconsider these environmental standards, and set a
population number based on the environmental standards. Cm Miller
added that it may be alright to feel casual about the number of
adverse days but each one of these adverse days affect people and
the law says that we are to attain the National Ambient Air Quality
Standards.
Mayor Futch commented that regardless of the number of excessive
days - 2.4 for an average, or 7 for the worst year, he feels that
the City would be capable of having mitigating measures if we could
get the additional capacity and provide local shopping. If the City
could provide local shopping the air quality would probably become
better. He added that he is as concerned about the air quality
as anyone is and feels that the advantages of the alternative outweigh
the disadvantages.
Cm Turner stated that with respect to the resolution, last week he
had some wording changes he wanted but the Council didn't agree
with him and he would like to bring these up for consideration.
Last week the Council agreed "reluctantly" with the figure 149,000
and he is a little concerned about this. HE STATED THAT HE WOULD
LIKE TO MAKE AN AMENDMENT TO THE MOTION TO INCLUDE AMENDED WORDING
AFTER THEREFORE (l):
(l) Support the State Water Resources Board disaggregated E-O
population projections for the Livermore-Amador Valley as the
basis, provided this figure can be shown to be consistent with
air and water quality standards.
The Council discussed the amendment and agreed that they felt the
wording would be satisfactory but placement of the additional
wording should be after the word "facility", as follows:
(1) Support the State Water Resources Board disaggregated E-O
population projections for the Livermore-Amador Valley as the
basis for determining the capacity of the LAVWMA waste water
treatment facility, provided this figure can be shown to be
consistent with air and water quality standards.
MOTION SECONDED BY CW TIRSELL AND PASSED UNANIMOUSLY.
CM MILLER MOVED TO INCLUDE THE LAST WHEREAS CLAUSE, AS SUGGESTED
BY CW TIRSELL LAST WEEK, IN PART, AS FOLLOWS:
WHEREAS, the Livermore City Council is cognizant that the
population predictions by the State Water Resources Control
Board do not include environmental considerations.
MOTION SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE.
Cm Staley stated that he is concerned with the wording for the
first WHEREAS paragraph and would MOVE TO AMEND THE WORDING
AS FOLLOWS:
CM-30-4l7
October 6, 1975
(LAVWMA Facility)
WHEREAS, air pollution and other environmental constraints
are important factors in the growth rate and attendant popu-
lation in the Livermore-Amador Valley, and
MOTION SECONDED BY MAYOR FUTCH FOR DISCUSSION PURPOSES.
Cm Turner stated that the wording, as suggested by Cm Staley doesn't
really make sense.
Cw Tirsell commented that air pollution is an environmental constraint.
Cm Staley stated that air pollution is a constraint but it doesn't
automatically limit the growth rate and this is why he would like
it spelled out.
Cm Miller stated that he believes the Council would agreee with
the wording:
WHEREAS, air pollution and other environmental constraints
limit the growth...etc. (omitting growth rate).
It is because we exceed the Federal Air Quality Standards so greatly
now that the air quality and environmental constraints do limit the
rate. He stated that he believes the original sentence does make
sense.
MOTION TO-AMEND FIRST WHEREAS CLAUSE WAS WITHDRAWN AT THIS TIME.
MOTION TO ADOPT RESOLUTION, AS AMENDED, PASSED BY UNANIMOUS VOTE.
RESOLUTION NO. 213-75
A RESOLUTION REGARDING WASTE WATER CAPACITY
ALLOTMENTS IN THE PROPOSED LAVWMA FACILITY,
AND RESCINDING RESOLUTION NO. 208-75.
RECESS
After a brief recess the Council meeting reconvened with all
members of the Council present.
REPORT RE TENTATIVE
TRACT MAP 3666 -
KAY BUILDING COMPANY
Mr. Musso explained that Tentative Tract Map 3666 (Kay Building) is
a subdivision located at the corner of Charlotte Way and East Avenue,
a former shopping center site rezoned to residential. The issue
is centered around the availability to sewer and not the design
of the subdivision.
The Planning Commission did not consider the design but rather
the availability of sewer, policy with respect to the General
Plan, and did recommend denial of the application based on
findings that the remaining sewer capacity is to be reserved
for industrial or commercial development or low cost housing;
that the design is not consistent with the amended General Plan;
that the design and improvements are likely to cause health
problems; and that adequate school space is not available.
CM-30-4l8
October 6, 1975
(Tract 3666 - Kay Bldg. Co.)
Mayor Futch asked if the applicant is present and would like to
speak to the Council and there was no response.
Mr. Musso commented that the applicant is not present this evening
but he was present at the Planning Commission meeting.
em Staley asked if the applicant had been notified that the Council
would be discussing this item this evening and it was noted that
the applicant has been notified. -
CM TURNER MOVED TO ADOPT THE RECOMMENDATIONS OF THE PLANNING COM-
MISSION AND BASED ON THEIR FINDINGS DENY THE SUBDIVISION. MOTION
SECONDED BY CM MILLER.
Cm Miller stated that he would like the Council to continue discus-
sion of this item in case the applicant or his representative should
appear this evening. This item has come up in the meeting earlier
than might have been expected and he would like the applicant or
representative to have the opportunity to speak to the Council
prior to taking formal action on this item.
CM MILLER MOVED TO CONTINUE THIS ITEM UNTIL THE END OF THE MEETING,
SECONDED BY CM TURNER. MOTION PASSED BY UNANIMOUS VOTE.
CONSENT CALENDAR
Minutes
The following minutes were received and noted for filing:
Beautification Committee, September 3, 1975
Design Review Committee, September 24, 1975
Greens Committee - August l4, 1975
Planning Commission
The following Planning Commission items were noted for filing:
Summary of Action taken September 30, 1975
Minutes for Meeting of September 9, 1975
Minutes for Meeting of September l6, 1975
Payroll & Claims
There were 295 claims in the amount of $149,570.44, and 133 payroll
warrants in the amount of $95,95l.20, for a total of $245,52l.64,
dated September 30, 1975, and approved by the Director of Finance.
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE THE CONSENT CALENDAR WAS APPROVED WITH THE DELETION OF
THE SALARY RESOLUTION WHICH WAS REMOVED FOR DISCUSSION.
DISCUSSION RE
SALARY RESOLUTION
Cm Miller stated that he would like the Council to discuss the Salary
Resolution in an executive session so as to be informed by the City
Attorney as to what is available in the way of limits to the Council
in discussing personnel matters.
CM-30-419
October 6, 1975
(Salary Resolution)
CM MILLER MOVED THAT THE SALARY RESOLUTION DISCUSSION BE MOVED
TO AN EXECUTIVE SESSION TO DISCUSS THE APPLICATION OF THE BROWN
ACT IN MATTERS OF THIS KIND. MOTION WAS SECONDED BY CM TURNER.
Cm Turner stated that he would like to know why this needs to
be discussed in an executive session if the Council is only
determining the limits of the Brown Act in relation to this.
Cm Miller explained that if there is a possibility that an action
the Council might wish to take might be in violation of the Brown
Act, the Council could be subject to litigation.
Mayor Futch stated that he is not sure this is grounds for having
an executive session and would like a response from the City Attor-
ney.
The Assistant City Attorney commented that it would appear the
Council is pushing an exception to the Brown Act in order to
discuss another exception to the Brown Act. Pending litigation
is definitely an exception to the open meeting requirement of
the Brown Act and threatened litigation or potential litigation
very well could be. He stated that he realizes this is not a
firm pronouncement of the state of the law but there is really
no firm state of the law on that one issue. If the Council
does wish to go into executive discussion to discuss this
narrow question, he believes it could. It is a question of
whether or not it wants to.
Mayor Futch commented that last week the City Attorney indicated
that it would not be justifiable to have an executive session to
discuss the Salary Resolution.
Cm Staley wondered if it would be proper to discuss this resolu-
tion in an executive session with respect to discussion of the
resolution as it applies to particular personnel. He stated
that his understanding is that one of the exceptions to the
Brown Act is the discussion of personnel.
The Assistant City Attorney stated that the personnel matter
exception is a matter for which there is a definite split of
opinions. Unfortunately, there could be two answers to this
question and each answer would accurately sum up one school
of thought and each has grounds for support.
Cw Tirsell stated that she is not prepared to meet in an execu-
tive session to discuss this item. Mr. Logan has expressed
some firm opinions as to what can be discussed in an executive
session.
Cm Turner stated that at this point he agrees with what Cw Tirsell
has said about meeting in executive session; however, if Cm Miller
wants this discussed in an executive session he would suggest that
the Council wait until Mr. Logan and Mr. Reiners can research
this matter and let the Council know if it can be discussed in
an executive session.
Mayor Futch stated that he would be opposed to continuing this
because it would mean delaying salaries for a number of people.
Cm Turner stated that he didn't mean not adopting the resolution
but that the matter to be discussed, as questioned by Cm Miller.
Cm Miller stated that if the resolution is going to be adopted
anyway an executive session would be meaningless. He stated
that he is definately dissatisfied with this resolution and his
CM-30-420
October 6, 1975
(Salary Resolution)
understanding is that the Council has the ultimate review authority
over all City employees and there are about eight employees who are
getting raises which he feels are unwarranted and should be discus-
sed, but not in open meetings.
Mayor Futch commented that a vote tonight would not necessarily
undermine a future decision on the legal issue. The vote tonight
would be strictly on the salaries.
Cm Miller stated that he would like to explain the point of why this
should be discussed in an executive session. This is not a private
corporation and the Council is responsible to a very large public.
The very large public takes an interest in the salaries paid to
various members of the City staff and the Council is asked about
the performance of the City staff members and the salaries these
staff members receive. Cm Miller stated that he has questions
and people have asked him about some of these people and these
things need to be aired. Some of the comments he has received may
be true and they may be false. He stated that there are those whose
performance he has personally observed and which he feels do not
warrant raises and even if he has a personal opinion, it should be
discussed; however, not to the detriment of those individuals, should
he be wrong. Cm Miller added that as it stands, he cannot vote for
the resolution and wouldn't want to amend the resolution to delete
the eight people because if he happens to be wrong they could be
the center of a discussion being an innocent victim. There needs
to be a mechanism for discussing the performance of the people who
work for the Council and the policy provides the Council with the
ultimate review. The ordinance provides the similar words but not
so detailed. He stated that he has specific things about people
that need to be discussed and if they cannot be discussed he has
no choice but to vote against the resolution.
Cw Tirse11 explained that at the time the Council discussed the
October 1st pay increase beyond the July 1st pay increase, the
Council gave the parameters to our City Manager and in those param-
eters the Council did not say that certain employees are not to re-
ceive raises or that the Council would vote on his evaluation or
that the Council would pick and chose from the final recommendation.
The Council said, "you are the City Manager and here are the param-
eters and the levels ~ which we expect you to work under". We gave
him the rules and that is what a City Manager is expected to do. She
stated that she also has some questions about the staff but she does
not work with these people on a daily basis. She stated that she may
see them on their very worst day or their very best day. When she
has a question she telephones the City Manager and receives an explana-
tion. She stated that she does not want to supervise the personnel
of this City and this is what the City Manager is paid for doing. If
the Council is going to take away his managerial position then the
Council is hiring him for the wrong job. She stated that she feels
the Council is not prepared to make an evaluation of 250 employees.
Mr. Parness did fall within the parameters rather closely and this
is what the Council is voting on. She stated that she reviewed
the evaluations made by the City Manager of his staff and she can't
make him write down things she has observed. This is his evaluation
of the people who work for him and he is charged with being respon-
sible for these workers. The Council has placed this responsibility
with the City Manager and if he is not properly evaluating the workers
he will be held responsible.
Cm Miller stated that what Cw Tirsell has said about what the Council
told the City Manager to do was incomplete because there was a list
that the Council expected to have for final review. Executive manage-
ment was to have a final review by the Council within those parameters.
Cw Tirsell stated that she didn't recall that the Council was to do
a final review.
CM-30-42l
October 6, 1975
(Salary Resolution)
Cm Miller stated that he views this situation in the light
the arguments made by Cw Tirse11 would be satisfactory for
private corporation but we are not a private corporation.
are in the same position as legislatures are when they use
legislative oversight; they examine what the Executive Branch
does and sometimes they examine it in very great detail. He
stated that he sees his role as having the public responsibility
of not forgetting what goes on below the City Manager level but
to pay some attention to everything else.
that
a
We
Cw Tirse11 commented that this is a different view than what she
expressed.
em Miller stated that he is trying to express his view and what
he feels his responsibility is - looking below the City Manager
level. He stated that he still feels it is the responsibility
of the members of the Council to discuss the question of perfor-
mance of personnel without jeopardizing their career and the only
way it can be done would be in an executive session.
Cm Staley stated that he believes there are two issues at hand;
l) personnel and whether there should be discussion in an executive
session, and 2) the resolution and whether or not it should be adop-
ted. Cw Tirse11 has stated some sound reasons as to why the Council
should adopt the resolution and he would suggest that the Council
vote on the resolution as it stands because it is within the realm
of the City Manager's responsibility. Next, the Council should meet
in an executive session and discuss the complaints and questions the
Council might have with respect to various individuals. If it is
determined that questions or complaints are valid then it would be
up to the City Manager to make a recommendation as to how the City
should deal with specific problems. At this time Cm Staley feels
a salary resolution is not the way to attack the issue with respect
to complaints.
Cw Tirse11 stated that the City Attorney, last week, was trying
to point out that the general category of personnel could not
be discussed in an executive session but the hiring and firing
of a specific individual would be a personnel matter for executive
session, but not general complaints.
Cm Turner stated that he agrees with what Cw Tirse1l has said in
that the Council outlined guidelines for the City Manager and did
not indicate that the Council would review who would or would not
receive raises. At this point he is sorry that it can't be dis-
cussed in executive session and held over but must act on the ad-
vice of the City Attorney last week who indicated that it was not
a matter for executive session. He would just suggest again that
Mr. Reiners and Mr. Logan look into the legalities of this question.
Cm Miller stated that every Council he has served with, with the
exception of this one, has insisted on the right to review the
performance of Department Heads. He feels this review is very
important and should be discussed with the City Manager and these
are the issues in which the Councilmembers bear a special respon-
sibility to the public.
Mayor Futch stated that in voting for the resolution he is voting
only for salaries that have already been outlined by the Council
previously. Any discussion with respect to the right to review
or not review performance should be discussed later.
MOTION TO MOVE THE SALARY RESOLUTION TO AN EXECUTIVE SESSION FAILED
BY A 1-4 VOTE (Cm Turner, Staley, Cw Tirse1l and Mayor Futch dissenting).
CM-30-422
October 6, 1975
(Salary Resolution)
CM TURNER MOVED TO ADOPT THE SALARY RESOLUTION, SECONDED BY CW
TIRSELL. MOTION PASSED 4-l (Cm Miller dissenting) .
RESOLUTION NO. 214-75
A RESOLUTION OF THE CITY OF LIVERMORE ESTABLISHING
A SALARY SCHEDULE FOR THE CLASSIFIED AND UNCLASSIFIED
EMPLOYEES OF THE CITY OF LIVERMORE, ESTABLISHING RULES
FOR ITS USE, AND RESCINDING RESOLUTION NO. l45-75.
MATTERS INITIATED
BY THE STAFF
(BART Meeting)
The City Manager reported that another meeting has been scheduled
with the BART Directors from Contra Costa County and Alameda County.
The last meeting was convened by Livermore who met with representatives
from Pleasanton, VCSD, Contra Costa County Public Works staff, Pitts-
burg, and Antioch. There was discussion concerning the general situa-
tion about what might be expected in the future as to the continuation
of bus services to the respective areas. The meeting was well received,
it was a positive thing and people were complimentary to our City for
instigating the meeting and asked that the meetings continue but in
the presence of BART Board members. With the Council's permission
such a meeting will be arranged on October l5th, during a dinner
meeting. Hopefully the meeting can take place in the San Ramon area.
There were no objections voiced concerning the date and place pro-
posed.
(Land Use Planning &
Energy Conservation
Committee Session)
Mr. Parness stated that he has distributed to the Council a packet
of information received from an Assembly Committee on land use plan-
ning, energy conservation and related matters. This is a very
important Committee session that will be convening for the purpose
of receiving testimony from local authorities, in the state, on
this very important bill (AB 2422). The bill is broad and complex
having a lot to do with all matters related to land use planning.
Knowing of our interest in this subject the League of California
Cities has asked that our City be represented by having someone to
testify at this Committee hearing.
The two hearings are scheduled in San Francisco for October 9th and 10th,
this Thursday and Friday, and the other one in Los Angeles on the 24th
of October. Mr. Parness wondered if one or more of the Counci1members
would be in a position to offer a brief testimony.
Mayor Futch indicated that he would try to attend the meeting for
the purpose of giving testimony and Cw Tirse1l also indicated that
she might be able to attend one of the meetings.
(Insurance Coverage)
Mr. Parness reported that with
City has a $115,000 premium on
$75,000 premium on liability.
question raised earlier in the
study.
respect to insurance coverage, the
Workmans Compensation and about a
This information was in reply to a
meeting concerning the insurance
CM-30-423
October 6, 1975
(Springtown
Pond Benches)
Cm Turner stated that a resident from Springtown has indicated
that the people are very pleased with the benches placed in the
area of the Springtown pond. There have been questions about hav-
ing the pump turned back on that shoots the water up in the air
and Mr. Lee indicated that the cost for this is approximately
$l.OO/hour. Mr. Lee has suggested that perhaps a 1 hp pump could
be purchased for this purpose.
Cm Turner requested that this be placed as an agenda item for
consideration by the Council and a staff report will be pre-
pared by Mr. Lee with respect to the cost, etc.
(Personnel Matters)
Cm Staley stated that he would really like to see the issue of
the personnel matters mentioned earlier in the meeting cleared
up and would suggest a future agenda discussion with perhaps a
memorandum from the City Attorney as to what matters are appro-
priate for discussion in an executive session. He stated that
he cannot believe criticism and questions about certain employees
cannot be done during an executive session because these things
should certainly not be aired in public.
(ABAG Planning Board
Meeting)
Cw Tirse1l reported that she attended the ABAG Planning Board
Meeting on Wednesday. The Planning Board received the resolu-
tion from the Executive Board to review the Livermore General
Plan. Supervisor Cooper spoke at the meeting and asked that
they be reviewed together and Cw Tirse11 felt this was very
interesting in light of the fact that some of the County Super-
visors have been found guilty of performing illegal action in
passing it and are not to be working on the plan. Cw Tirsell
pointed out to the Board that we are involved in a court case
and they wouldn't be done at the same time and the County staff
had assured Livermore that they were not working on those plans.
Mayor Futch suggested that the City Attorney draft a letter to
ABAG stating the essence of the court decision.
Cm Staley felt the City should ask the County staff, directly,
if they are continuing to work on the plan.
The Assistant City Attorney commented that this question has
been asked and the City has received several negative replies.
It was suggested that perhaps the County should be asked to
respond, in writing, and pointing out what happened at the
ABAG meeting.
Cw Tirsell continued to comment that the Planning Board passed
a resolution that their staff will begin to review our General
Plan and Cw Tirsell pointed out to them that anything they would
review at this point would not be formally adopted because the
Plan hasn't been through the public hearing process. They are
aware of the fact that there have been no public hearings.
Cm Miller stated that if the City wants them to review it then
perhaps we should wait for their review prior to adoption of it.
They may have some valuable input the City would want to use.
CM-30-424
October 6, 1975
(ABAG Planning Board
Meeting)
Cw Tirsell commented that they don't have any documents yet and they
can't do anything until they contact the City staff to find out what
stage the General Plan is in and what may be reviewed and ready for
comment. They are not going to review the Plan for December but
rather will review where we are so they can make plans to review.
Mr. Musso stated that he has sent them all the task reports and
asked that they make responses directly to Grunwald-Crawford with
a copy of their responses to the City.
Mayor Futch commented that the resolution coming from the Executive
Committee was that they would refer both resolutions from the County
to the Regional Planning Committee and let them decide what they
want to do. They were not directed to do anything.
Cw Tirsell stated that the distinction is that they are not going
to do them concurrently - they will do Livermore's now and whenever
Las positas is finished the County has requested that they review
it again.
(Anderson Property)
Cw Tirsell commented that the County has put over the matter of
the Anderson Property until next July.
(COVA Meeting)
Cw Tirsell reported that the Alameda Solid Waste Management Study will
be presented to all Valley jurisdictions and all members of the Council
have been invited. The meeting will take place on Thursday, October 9,
at 8:00 p.m. at the airport. The presentation will be made by the
Chairman of the Committee, Hiram Wolsch.
(BART)
Mayor Futch stated that he received a telephone call from our BART
representative concerning the statistics and how we compiled them
in the letter to the BART Board. He would like the Council to
furnish him with an analysis as to how the figures were calculated
so that he can use this to support Livermore.
Mr. Parness commented that this is tabulated, to date, and that the
City keeps a running account.
(LAFCO Meeting)
Mr. Parness stated that he has spoken with a staff member from LAFCO
who has indicated that a report from the LAFCO staff will be received
by Livermore about two weeks in advance of the meeting of the 6th.
Livermore will receive the staff report and, in addition, the draft
EIR. The intent of the meeting is to file the two reports with LAFCO
and ask that body to set a hearing on the two reports about two
weeks after the 6th. It isn't anticipated that there will be public
testimony at the meeting of the 6th; however, this couldn't be promised.
em Miller mentioned that if the City wants to speak someone has to be
there every time, just in case they do have public testimony.
CM-30-425
October 6, 1975
INTRODUCTION OF
SEWAGE CAPACITY ORD.
CW TIRSELL MOVED TO INTRODUCE THE ORDINANCE RELATIVE TO SEWAGE
CAPACITY, TO BE AMENDED WITH THE INCLUSION OF AN ADDITIONAL
WHEREAS:
Page 2, between the second and third whereas:
WHEREAS THE City Council of Livermore has determined to
employ a Community Development Director whose primary
function will be to attract industry and commerce to the
community.
MOTION SECONDED BY CM STALEY.
Cw Tirsell explained that she believes this would indicate the
City is not just setting capacity aside just to hold it there
forevermore and that we are serious about it.
Cm Turner stated that he doesn't agree with the statement and
would prefer that Cw Tirsell suggest this as an amendment to the
ordinance rather than to have to vote against the motion and the
whole ordinance.
CW TIRSELL WITHDREW THE ORIGINAL MOTION AND MOVED TO ADOPT THE
ORDINANCE, SECONDED BY CM STALEY.
CW TIRSELL THEN MOVED TO AMEND THE ORDINANCE BY THE INCLUSION
OF AN ADDITIONAL WHEREAS, AS STATED ABOVE, MOTION SECONDED BY
CM STALEY.
Mayor Futch and Cm Staley indicated that they agree with includ-
ing the Whereas clause as proposed by Cw Tirsell.
Cm Miller stated that he has expressed the same concerns as those
mentioned in previous meetings by Cm Turner with respect to a
Community Development Director and sees no advantage to include
this clause. He stated that he wasn't happy with the format for
the Community Development Director.
Cw Tirsell explained that she is concerned that the Council might
be accused of reserving capacity and then people will look at
how much industry comes to our town and will say that Livermore
just doesn't want to grow so the capacity is just being reserved.
We will be saying that we are reserving the capacity and we are
also doing something about trying to get industry for the reserve.
Cm Miller stated that in his opinion, industry by itself is not as
effective in mitigating the air quality problems as something more
specific such as some kind of industry which would use the talents
of our existing commuters. For instance if the City would have a
Whereas clause which would say that the City of Livermore intends
to do a job profile of our present commuters to try to match that
with industry that we intend to invite, would sound a lot better
to him.
AT THIS TIME THE AMENDMENT PASSED 3-2 (Cm Miller and Turner dissent-
ing) .
Cm Miller stated that he would like to discuss the division of
capacity reservation for ordinary housing, low to moderate housing,
and commercial/industrial. He stated that he believes 45% for new
residential is too much and that there should be concentration on
industrial and commercial. He stated that he has two options he
would like to discuss: l) zero percent to be used for new residential
uses of the ordinary type, 90% for industrial/commercial and 10% for
low and moderate housing; 2) a 5%, 80%, 5% division with the 80% for
industrial/commercial.
CM-30-426
October 6, 1975
(Intro. of Sewage Cap. Ord.)
Cm Turner commented that 5% for new residential isn't very much.
Cm Miller stated that this is true but the City recognizes that
development of middle class housing is taken, overwhelmingly, by
the commuter and contributes to the air quality problem which is
not consistent with the general ideas of all the whereas clauses.
The moderate to low income residential development, however, is a
different issue. There are people who commute into Livermore who
are not able to afford houses within the City because of the general
level of prices. It would seem that in the mitigating aspects of this
to reserve some for low and moderate income for people who do work
in the Valley and commute here from outside, would be a mitigating
measure. He stated that he could justify low to moderate income
residential development provided there are controls on this type
of development.
Mayor Futch asked if the Council is referring to the capacity we
now have up to the 5 MGD and it was noted that the Council is
speaking of the capacity above the 5 MGD - Section l8.l9.3 (Page 3)
of the ordinance.
Cm Miller stated that he believes it is difficult to justify more
white, middle class, housing in view of the air quality problems
and commuters that take advantage of the housing. A very good case
can be made for industrial and commercial development and there can
be a case to support the need for low and moderate income residential
development. He would suggest that there be reservation of 85-90%
for industrial/commercial development and 10% for moderate and low
income housing and essentially nothing for white, middle class, resi-
dential development.
Cm Staley stated that he doesn't know what it means to say that 45%
will go for industrial and commercial development because as far as
he knows this may be enough sewage to service the entire industrial
base of San Francisco. Before he would set figures he would like
to see a staff report on what the Council is talking about in terms
of industry and this type of thing. He would suggest that this
particular section of the ordinance be deleted because it refers
to the future (5 to 10 years) and would suggest that the Council
deal with what we have now and let the future be acted upon when,
in fact, there is expansion.
Cw Tirsell commented that she has done the arithmetic using the
figures in the ordinance which would mean allowing 330 gallons
per day, per household, it would allow 1350 houses, not of the
low income type and would just about take care of the Hazelhorst
property.
Cm Staley mentioned that at present we have 40,000 gallons a day
set aside for industrial/commercial development and now we are
asking for an additional 1 MGD - it would seem that this is an
awfully large figure for something so far in the future when we
have capacity that hasn't been used.
Cm Miller stated that this is the reason he has raised the question
in the past about asking for another 1 MGD.
CM STALEY MOVED TO STRIKE SECTION 18.19.3, PAGE 3, OF THE ORDINANCE,
SECONDED BY CW TIRSELL.
Mayor Futch stated that he believes that when the City applied for
the 1 MGD there would be a significant part reserved for industry
and commerce and was to be one of the mitigating measures. He
stated that he doesn't know how much the City can reserve for this
purpose but is certainly not opposed to the philosophy. He added
CM-30-427
October 6, 1975
(Intro. of Sewage Cap. Ord.)
that he doesn't know what the number should be but would suggest
that the number be left in because the philosophy is there. The
figure can always be changed by future Councils.
Cm Miller stated that he agrees with the general principle offered
by Mayor Futch but he doesn't agree with the split or the figures
used (45% residential and 45% industrial/commercial). The point
made by Mayor Futch about mitigating measures is very important
and the majority of the capacity should be reserved for commercial/
industrial development. The intention on the mitigating measures
would look better than if 45% will be used for commuters.
Mayor Futch stated that he would like to see the words left in
there until the City talks with the state and there is a better
picture of what they will allow in the way of allocations and
then the figure can be changed.
MOTION PASSED 3-2 (Cm Miller & Mayor Futch dissenting)
CM STALEY MOVED TO AMEND SECTION 18.19.3, TO LEAVE THE FIRST SENTENCE
IN THE ORDINANCE, UNDER THIS SECTION, AND CHANGING THE SECOND
SENTENCE, WHICH WILL READ AS FOLLOWS:
This Ordinance shall remain in effect until such time as
the effective dry weather capacity of the sewage treatment
plant is increased from 5.0 MGD. From that time no connec-
tion shall be made unless the City Council determines that
the connection will further the goals of the City in balanc-
ing the community and meeting the environmental constraints.
MOTION BY CM STALEY TO AMEND WORDING WAS WITHDRAWN.
MAYOR FUTCH STATED THAT HE LIKES THE WORDING PROPOSED BY CM STALEY
AND WOULD MOVE TO ADOPT THE WORDING AS STATED ABOVE, UNDER SECTION
18.19.3. MOTION SECONDED BY CM STALEY.
Cw Tirsel1 stated that the City Attorney has expressed the opinion
that allocations and justification of allocating needs to be researched
and unless the City Attorney has discussed this with the Assistant
City Attorney with a recommendation, she would rather wait until
the City Attorney has given his advise on this matter to the Council.
MAYOR FUTCH MOVED TO CONTINUE DISCUSSION OF THE ORDINANCE, PENDING
A REPORT FROM THE CITY ATTORNEY WITH RESPECT TO SEWER ALLOCATION
FIGURES. MOTION SECONDED BY CM STALEY AND PASSED 4-1 (Cm Turner
dissenting) .
CONTINUED DISCUSSION
RE TRACT 3666 - KAY
BUILDING COMPANY
Cw Tirsell asked if there is a motion on the floor concerning
Tract 3666 with respect to the application by Kay Building
Company for approval of the Tentative Map.
Mayor Futch noted that there is a motion on the floor to deny
the subdivision based on the findings made by the Planning
Commission in their written report to the Council.
CM STALEY MOVED TO AMEND THE LAST WHEREAS TO READ AS FOLLOWS:
WHEREAS, no one appeared on behalf of the developer
to present any evidence to the City Council, and
CM-30-428
october 6, 1975
(Disc. re Tract 3666)
NOW THEREFORE, BE IT RESOLVED that the City Council
of the City of Livermore finds as follows:
l. That the developer has acquiesced in the findings
of the Planning Commission by not appearing to pre-
sent any evidence at the City Council hearing.
MOTION SECONDED BY CM MILLER FOR DISCUSSION PURPOSES.
Mr. Reiners, the Assistant City Attorney, commented that "acquiesced"
may be rather difficult to define. The applicant was not required
to appear before the Council and to infer "acquiescence" in his
failure to appear may not be acceptable.
Cm Miller suggested adopting the whereas clause as amended by
Cm Staley but omit the wording suggested for the first finding.
Cm Staley stated that he knows of no reason the wording, per se,
would be considered unreasonable with respect to the way the
Council feels. He stated that he would be willing to delete
the wording for the finding if the Council doesn't want to include
them but the developer has appeared each time in the past and since
he did not appear this time one might assume that he does acquiesce.
Cm Turner felt it wasn't necessary to include the wording in the
finding because the minutes will reflect that no representative
was in attendance this evening to discuss this particular item.
The records will also reflect that the applicant was duly notified.
The Mayor has already asked if anyone wanted to speak on behalf of
the developer and there was no response. Cm Turner added that he
feels it is unnecessary to start adding wording to resolutions and
in his opinion there is no need for the additional wording for the
finding.
AT THIS TIME THE AMENDMENT TO THE MOTION FAILED 1-4 (Cm Turner,
Miller, Cw Tirsell and Mayor Futch dissenting) .
CM STALEY MOVED TO AMEND THE WORDING FOR THE LAST WHEREAS, AS
FOLLOWS, SECONDED BY CM MILLER:
WHEREAS, no one appeared on behalf of the developer to
present any evidence to the City Council.
Cm Turner stated that he would oppose the motion based on the comments
made by him earlier - that additional wording for the resolution is
really not necessary.
MOTION PASSED 4-1 (Cm Turner dissenting) .
Cm Miller stated that he intends to vote in favor of the resolution
and that the resolution faithfully reflects the issues raised by
the Planning Commission in their testimony and provides for their
recommendation to the City Council.
MOTION TO DENY THE SUBDIVISION, BASED ON THE FINDINGS BY THE P.C.
PASSED BY UNANIMOUS VOTE, AND THE FOLLOWING RESOLUTION WAS
ADOPTED.
RESOLUTION NO. 2l5-75
A RESOLUTION DENYING TENTATIVE SUBDIVISION MAP
TRACT NO. 3666
CM-30-429
October 6, 1975
ADJOURNMENT
Mayor Futch adjourned the meeting at 11:00 p.m.
APPROVE
Regular Meeting of October 14, 1975
A regular meeting of the City Council of the City of Livermore was
held on October 14, 1975, in the Municipal Court Chambers, 39 South
Livermore Avenue. The meeting was called to order at 8:00 p.m.
with Mayor Futch presiding.
ROLL CALL
Present: Cm Turner, Miller, Staley, Cw Tirsell and Mayor Futch
Absent: None
PLEDGE OF ALLEGIANCE
Mayor Futch led the Councilmembers as well as those present in the
audience, in the Pledge of Allegiance.
MINUTES
September 29, 1975
Cw Tirsell stated on p. 392, 4th paragraph from bottom in her motion
rather than "as amended by the Council" it should read "WITH THE
FOLLOWING AMENDMENT: THE ADDITION OF is: CONCLUDE THAT THIS RESOLU-
TION DOES NOT INDICATE SUPPORT FOR OR OPPOSITION TO THE ABOVE STATED
INITIATIVE". In the same paragraph add, "that copies of our resolu-
tion will be sent to our legislators by cover letter".
Page 395, 3rd paragraph from the bottom, third line: "stub-streets
is--instead of are--not clear."
Page 393, 5th paragraph from the top, line two: should read "but
this recommendation is concentrating,etc." instead of "but they are"
Page 406, last paragraph, f~rst line: should be "rifle" not "riple"
..
Page 40l, 2nd paragraph, fourth line from the bottom: should read
'automobile controls, for example, have been set back.'
Page 404, 3rd paragraph, last line: should read 'it only makes the
map look nice.
Page 404, last paragraph, last line: delete the entire sentence
starting 'The long-term rate......"
Page 397, 5th paragraph, second line: should read 'the City should
retain 10% of contract money to offset any valid claims after the
project is completed. This was,etc.'
CM-30-430
October 14, 1975
(Minute Corrections)
Page 402, lst paragraph, last line: add existing and projected to
make the line read "to support the existing and projected residential
population in the City of Livermore.
Page 402, 2nd paragraph, 5th line down: after ".5% growth rate" delete
the words (for the first five years)
Page 406, 2nd paragraph: 2nd line of motion should read "PASSED
3-2 (Cm Turner and Miller dissenting) .
Page 397, 4th paragraph from the bottom: should read 'outstanding
bills not exceeding.the requested, etc.'
Page 397, 2nd paragraph from the bottom: after 'to advance the 5%'
insert 'at the time the street is open to traffic,'
ON MOTION OF CM MILLER, SECONDED BY CW TIRSELL AND BY UNANIMOUS
VOTE, THE MINUTES FOR THE MEETING OF SEPTEMBER 29, 1975, vffiRE
APPROVED, AS CORRECTED.
SPECIAL ITEM
(Res. Commending
City Manager)
The following resolution commending the City Manager was adopted
unanimously by the City Council and Mayor Futch read the complete
resolution to the audience:
RESOLUTION NO. 216-75
A RESOLUTION CO~~ENDING WILLIAM H. PARNESS
FOR HIS DISTINGUISHED SERVICE AS PRESIDENT
OF THE CITY MANAGERS DEPARTMENT OF THE
LEAGUE OF CALIFORNIA CITIES.
(Presentation of Purchase
Awards-Cultural Arts
Festival)
Mr. Ron Carr, 1270 Concord, Pleasanton presented the City Council
with the two purchase awards from the Festival.
Collage of Shadow Cliff Park by D. P. Mahler and
Water color, titled "In the Summer we Often Eat in the Garden"
by Gloria Taylor.
Mayor Futch thanked the Cultural Arts Council for the awards and
commended them for the success of the festival.
OPEN FORUM
The Mayor invited comment from any member of the audience on any
item not on the agenda. The only response concerned an agenda
item and was postponed until later in the meeting.
COMMUNICATION RE
EIR FOR LAVWMA PROJECT
A communication was received from the U.S. Environmental Protection
Agency indicating their intent to prepare an EIR for the LAVWMA
project. The Council will request copies of the EIR and would
encourage the citizens to become aware of what is going on as far
as Waste Water Sewage Treatment in the Valley as it will affect our
taxes for many years.
CM-30-43l
October 14, 1975
COMMUNICATION RE:
STUDY OF EMERGENCY
AMBULANCE SERVICE
A communication was received from Loren W. Enoch, County Adminis-
trator with regard to a study authorized to resolve the problems
that currently exist in emergency ambulance services for the
Amador-Livermore Valley. A motion was MADE TO.:SEND A LETTER OF
APPRECIATION TO THE COUNTY FOR CONDUCTING SUCH.A STUDY BY CW
TIRSELL, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE.
COMMUNICATION RE:
AB 2353
Cm Miller stated that the Council already agrees to support
AB 2353 and has discussed more comprehensive alternates so (a)
we should send a letter stating that we do support the bill and
(b) we support some of the comprehensive alternates as well.
ON MOTION OF CM MILLER, SECONDED BY CW TIRSELL AND BY UNANIMOUS VOTE
THE STAFF WAS DIRECTED TO DRAFT A LETTER WHICH IS TO INCLUDE THE
FIVE ITEMS ON PAGE FIVE.
COMMUNICATION RE
VCSD-Ot~ED PROPERTY
The Council received a copy of a communication sent to the Director
of the Pleasanton Redevelopment Agency requesting that Pleasanton
withdraw VCSD-owned property from the City's proposed redevelopment
plan.
The item was noted for filing, ON MOTION OF CM TURNER, SECONDED BY
CW TIRSELL AND BY UNANIMOUS VOTE.
COMMUNICATION RE WASTE-
WATER TREATMENT FACILITIES
The Council received a copy of a communication sent to the Municipal
Wastewater Treatment Agencies from the California Regional Water
Quality Control Board concerning construction grants for wastewater
treatment facilities, a ten year project list for the San Francisco
Bay region.
Mr. Parness commented that the letter the Council received is a
form letter being sent to all disposal agencies within this region.
There is a great deal of technological information that must be
amassed and submitted to the Regional Board for qualification for
their consideration of enlistment as to an application for award
of a grant for plant enlargment. The difficulty is that they
need to have it by October 24th which, again, is after the date
of the next meeting. We have already accumulated a great deal
of this information and the staff would like permission to submit
an application in accordance with the Council's discussions and
deliberations, to date, as to a capacity allotment - a grant for
additional capacity to the extent of 1 MGD, taking into account
the mitigation factors which are now under preparation by the
staff and also all the various technological parts of the applica~
tion. This is preliminary and is not committing the City but
merely qualifies Livermore for consideration under their grant
research.
CM-30-432
October l~, 1975
(Communication re Waste-
Water Treatment Facilities)
CW TIRSELL MOVED TO DIRECT THE STAFF TO PREPARE THE MATERIAL FOR
APPLICATION, TO BE INCLUDED ON THE PRIORITY LIST, FOR THE STATE WATER
QUALITY FUNDING. MOTION SECONDED BY CM TURNER.
Mr. Lee stated that with respect to the application to get on the
priority list for 1976-77, he would like to include funds for a pro-
ject to increase our water reclamation capabilities. The last time
the plant was upgraded the Doolan reservoir was constructed, as well
as transmission lines which helps the City with land disposal for the
effluent on the golf course and airport property. The time is right
and we would probably get support from the Regional Board and the
State Board to expand the land disposal capability of the City.
Mr. Lee suggested that this be included in the plant expansion
project. He stated that he has some ideas that he would like to
present. This would not be a commitment on the part of the City
but it would get us on their books.
Mayor Futch stated that he believes the Council would be very inter-
ested in Mr. Lee's presentation of the details but since a large audience
is present this evening for the discussion of other items he would
suggest that this be postponed until later in the evening.
Mayor Futch added that he would suggest postponement of the whole
item. The first part of this item concerns an application for expansion
of the present sewer plant by 1 !1GD. The Council has already agreed,
in principle, with application for the 1 MGD.
COMMUNICATION FROM AERIE
FRATERNAL ORDER OF EAGLES
RE CIVIC AWARD MEETING
The Livermore Aerie Fraternal Order of Eagles extended an invitation
to the City Council to attend the annual Civic Award reception to
honor Earl B. Duarte as the outstanding citizen of the Livermore
Valley for 1975. The event will take place on Tuesday, October 28.
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE,
THE STAFF WAS DIRECTED TO PREPARE A RESOLUTION TO BE PRESENTED TO
MR. DUARTE COMMENDING HIM.
COMMUNICATION RE RENTAL
PROPERTY DISCRIMINATION
A copy of a letter sent to Billie J. Wilson from Congressman Stark
regarding her concern over the unavailability of rentals in Livermore
for families with children, was submitted to the Council.
Ms. Wilson has written a letter to the City Clerk asking that this
matter be pursued and that she be informed of action the Council
might take with respect to the problem of people not being allowed
to rent a home, apartment, or duplex, if they have children.
CW TIRSELL MOVED THAT THIS ITEM BE REFERRED TO THE SOCIAL CONCERNS
COMMITTEE, SECONDED BY CM TURNER AND PASSED BY UNANIMOUS VOTE.
DISCUSSION AND REPORT
RE PARKING STUDY
A detailed report was submitted to the Council by the City Manager
concerning the CBD Parking Study.
The City Manager reported that he has prepared a rather lengthy
report on this subject which does recite, first of all, some of
CM-30 433
October 14, 1975
(Discussion and Report
re Parking Study - CBD)
the history of parking studies in our city dating back over the
last 15-17 years, followed by considerations that have been
suggested recently as to the improvement of the downtown parking
at least in the section of the business district east of "L" Street
between Fourth Street and the railroad track. The matters that have
been brought to the attention of the Council are rather segmented.
There are suggestions, for example, that some properties recently
acquired by the City at the corner of First Street and Livermore
Avenue be used for parking purposes and other suggestions are that
the street patterns in this area be made one-way and that diagonal
parking designs be used in place of the current parallel parking
alignments. There are suggestions that something should be done
about the merchants parking lot in the way of regulation and per-
haps be made self-sustaining through the assessment of a fee thereby
relieving the merchants on First Street, "J" and ilK" Street areas.
There have also been suggestions that land adjacent to the merchants
lot be acquired, by lease, adding to that facility, as well as other
suggestions. The staff did not have a great deal of time to analyze
these matters because they did involve staff study and analysis in
depth. One of the factors that did postpone the staff activity on
the report was the fact that the staff did want to conduct an author-
itative analysis of the use of the merchants lot. One of the factors
involved with the use was the presence of the County offices located
in the building in which the Council meets, and the fact that one of
the main offices just opened. The staff waited until the office
opened prior to taking the survey and the survey was a personal con-
tact made with each entering vehicle.
,
This material was gathered rather hastily but the Council can be
assured that the material and conclusions reached are valid and
reliable. At the conclusion of the report the City Manager has
tried to indicate what his recommendations would be with the con-
currence of the staff members that participated in the study, as
to what might best be done. Simply stated they are as follows:
l. That the City Council instruct the staff to proceed with
installing a man-type of regulation at the parking lot
that would be conducted by the City over a six-month
study term. There should be personnel in attendance for
about 11 hours per day for six days a week over the six-
month term and to exact a parking fee for the use of the lot.
Mr. Parness stated that inadvertently he did not state what the
recommended fee should be but it was implied that the fee should
be 25~/hour or 75~ for all day use.
2. It would be the intention of the Council that, depending
upon the experience during the six-month period, later
electronic regulatory devices could be installed on the
lot. The cost of such equipment is noted in the report
and the devices can be installed to accommodate either
coin or tokens or validated cards.
3. As to the addition to the merchants parking lot, 86 addi-
tional stalls can be found but it is suggested that this
be held in abeyance until it is determined what the exper-
ience will be in the use of the existing parking lot through
the assessment of a parking fee.
4. That the Council allow the staff to pursue the possibility
of leasing property between the merchants parking lot
and the retail outlets on the north side of First Street
for additional parking facilities. These would separate
the lot from the structures and would provide about 74
additional spaces.
CM-30-434
October 14, 1975
(Discussion and Report
re Parking Study - CBD)
5. That for the reasons cited within the body of the
report, by the engineering staff, the Council deny
the usage of any additional diagonal parking within
the Central Business District, notwithstanding the
fact that by physical count it would add approximately
63 stalls over the existing number, or about 30%. The
reasons being, the congestion afforded and the hazards
that might be experienced in the usage of diagonal park-
ing in the heavily traveled streets.
Also, that the properties acquired by the City at the
intersection of First Street and North Livermore Avenue
not be used for parking but rather for their intended
purpose - Central Business District beautification.
Mr. Parness stated that these are the conclusions reached by the
staff and would recommend that these be adopted by the City Council.
Rebecca Hundob1e, representative of the Business License Tax Committee,
stated that the Committee recommends to the City Council that the
question of user charge vs. merchant business license tax surcharge,
as it pertains to the municipal lot, be continued until January 1, 1976.
The recommendation comes about after extensive discussion for the
following reasons: 1) the General Plan Review Report from paid con-
sultants is soon due and they may well have pertinent information
regarding the parking lots. 2) A shift to paid parking during the
forthcoming Christmas season may be improper since any test samples
for pay-as-you-go parking at that time may not be accurate because
of the heavy parking lot usage. Also, the surcharge has already
been paid for this fiscal year and Christmas is the most lively
time of all for use of the lot. 3) Last week's survey by the City
staff shows 500+ cars per week use the lot for a thoroughfare.
Closing this lot as a thoroughfare would only congest First Street
further until the railroad relocation project is complete.
CM STALEY MOVED, ON THE BASIS OF THE COMMITTEE'S REPORT, THAT THE
COUNCIL CONTINUE THE ISSUE OF IMPLEMENTING THE PLAN FOR CHARGING
AN IMMEDIATE SURCHARGE FOR USE OF THE MUNICIPAL LOT UNTIL THE
FIRST MEETING IN JANUARY.
Cm Staley stated that for the record he would also like to comment
that the report comes from a committee composed of two members from
the City Council, two members from the Chamber of Commerce, and
Mrs. Hundoble who is a member at large, for the purposes of studying
the business license tax in the City of Livermore and, particularly,
the business license surcharge on this particular lot.
CM MILLER SECONDED THE MOTION.
Cw Tirsell suggested that rather than defer all discussion of the
item, there are leases that need to be negotiated if it is intended
that private property be leased, that implementation might be deferred
until after the first of the year or at least until after the opening
of the underpasses but allow the staff to negotiate on the leases.
Cm Staley explained that the intent of his motion was to continue
the issue of implementing an immediate user surcharge on the lot
by methods outlined by the City Manager. There are a couple of
issues he would hope the Council can deal with now and one is the
negotiation of a lease and the other would be concerning the lot
that needs to be explored in the meantime.
CM-30-435
October 14, 1975
(Discussion re Park-
ing Study - CBD)
Cm Staley noted that the other item which needs to be explored is
for the City Manager to contact the County to ask for an increase
in their percentage of the cost for operation of the lot because
the survey clearly indicates that about 40% of the lot is being
used by people using the County offices for County business. This,
however, is not part of the motion.
John Regan, 672 South "N" Street asked for clarification of the
motion.
Mayor Futch explained that the Council will vote on whether or not
implementation will be delayed until the first week in January.
There has not been discussion as to how this might be implemented.
Mr. Regan asked if this means that everything will be delayed
until the first meeting in January.
Mayor Futch explained that there are items the Council would like
to have the staff investigate prior to making a decision.
AT THIS TIME CM STALEY REPHRASED THE MOTION AS FOLLOWS: TO CON-
TINUE THE DISCUSSION OF THE IMPLEMENTATION OF A USER FEE FOR THE
MUNICIPAL LOT UNTIL THE FIRST MEETING IN JANUARY AND IF THE USER
FEE IS TO BE IMPLEMENTED THE COUNCIL WILL DETERMINE THE METHOD OF
ITS IMPLEMENTATION.
Cm Staley explained that the reasons behind his motion would be
that the General Plan consultant is going to make a general recom-
mendation as to the CBD development, which will include parking.
This report is due prior to January 1, 1976. Also we are entering
into a major shopping time for the downtown merchants as well as
the fact that the assessment taxes have been paid for this year.
Lastly, the Council would want to avoid further congestion of First
Street until the underpasses open.
Mr. Regan commented that he is very happy the Council is postponing
a decision on the user fee for the parking lot. He stated that he
and his partners have violent objections to the implementation of
a user tax. He also suggested that any study group the City might
have could meet with him and his partners to discuss this matter.
em Turner stated that he intends to vote against the motion because
he would like to see the matter discussed and settled this evening.
He stated that he has serious reservations about any type of fee
imposed for the use of the municipal parking lot.
Charles Clark, owner of the Beauty College, stated that he feels
the Council should take into consideration the fact that many
students of the Beauty College use the parking lot and they cannot
afford to pay a parking fee.
Les Sharp, local resident, commented that he is afraid if pay park-
ing is instituted it will mean eventual parking meters for Livermore.
Cw Tirsell stated that a study was done in the 60's which indicated
that one of the ways to solve the parking problem would be to install
parking meters. Every Council has rejected such an idea because the
Council does not want to do anything that would discourage shoppers
from shopping downtown. The City has received the results from a
survey which indicate that the majority of people who park in the
municipal lot are not necessarily shoppers and that a small per-
centage of the spaces are taken by shoppers. Most of the spaces
are occupied by students and other people who work in the immediate
area. It is the intention of the Council that there not be barriers
for people who wish to shop downtown.
CM-30-436
October 14, 1975
(Parking Study - CBD)
Marty Wolfenberger, 4150 Vineyard Avenue, Pleasanton, stated that
she is a student from the Beauty College and that tuition and books
amount to about $190 for the nine months of training and that students
really cannot afford an additional $3.75/week to park in the lot.
Jerry Bierly, 2008 First Street, stated that he is very happy the
Council may postpone a decision concerning this item until January.
Manuel Luna, 723 Via del Sol, stated that he does not want to see
the Council continue to postpone a decision on this matter. He
stated that the merchants have problems and he knows no reason there
cannot be a policeman to enforce the parking regulations on the street.
He added that the parking problem will never be solved unless the time
limit is monitored.
MOTION PASSED 4-1 (Cm Turner dissenting) .
CM STALEY MOVED THAT THE CITY MANAGER AND THE STAFF BE DIRECTED TO
CONTINUE NEGOTIATIONS TO ACQUIRE ADDITIONAL ADJACENT PROPERTY TO
EXPAND THE MUNICIPAL LOT AND TO INSTRUCT THE CITY MANAGER TO CONTACT
THE COUNTY TO REQUEST THAT THEY PAY A MORE EQUITABLE SHARE OF THEIR
COST FOR THE USE OF THE MUNICIPAL LOT FOR THIS PARTICULAR YEAR. MOTION
WAS SECONDED BY CM MILLER.
Cm Turner stated that prior to negotiating for additional property
he would like to know how long the County offices will occupy the
court building.
It was noted that the County intends to use the building until 1980.
Cm Turner suggested that the City look into this and try to find out
when the project for new County offices is expected to be complete.
Cw Tirsell suggested including our statistics for the County's
edification.
Hr. Regan commented that he did a survey of the County's parking lot
and ascertained that over a period of a week many of the people using
the parking for the County offices were merchants or customers of the
merchants in the vicinity. The County is not able to utilize the num-
ber of parking spaces allotted to them which is included in their
lease. For this reason he would oppose asking either the County or
the merchants for money for the municipal parking lot. He stated
that he has indicated to the County, who leases the Court building
from him, that he would be opposed to an increase in the rental with-
out further investigation considering the usage of the municipal lot.
Cw Tirsell stated that she doesn't really understand what Mr. Regan
is recommending to the Council.
Mr. Regan stated that he feels the present apportionment is satis-
factory and this was the way it was originally arranged and should
not be changed. He then read a portion of Ordinance 623 relative to
the method by which assessments for the lot are to be made. He
stated that if the status of the parking lot is changed and there is
to be a fee it means that he will also have to have someone police his
parking lot area (for the Court) at a cost to him because people can
get into his area and park for free.
Cw Tirsell suggested that Mr. Regan present his concerns to the
Council, in writing, for consideration at the January meeting.
Cm Miller stated that it is his understanding Mr. Regan is recommend-
ing that the present business license fee surcharge remain as is.
Mr. Regan noted that this is his recommendation.
Bobby Silva, 1275 dePaul Way, stated that as a "J" Street merchant
she does not object to paying an assessment or surcharge on her
CM-30-437
October l4, 1975
(Discussion re Parking
Study - CBD)
license fee for municipal parking but she does object to merchants
being charged 79% on top of their business license fee when they
have their own parking lot located on Second Street. Their people
do not use the municipal parking lot and they would be more than
happy to pay for parking over on their side of First Street.
Cm Turner stated that the Council will be discussing the entire
issue again in January and perhaps there should be reconsideration
of the usage of the municipal lot by the County at that time. He
added that while the staff is negotiating for the lease maybe the
staff could also talk to Mr. Regan about leasing another portion
of the land for additional parking.
CM STALEY INCLUDED IN THE MOTION THAT WHILE NEGOTIATING THE LEASE
THERE SHOULD BE DISCUSSION WITH MR. REGAN ABOUT ADJACENT PROPERTY
AND POSSIBLE LEASE FOR ADDITIONAL PARKING.
Mayor Futch stated that the City will attempt to get an accurate
account of those using municipal parking prior to going to the
County about the matter.
Cm Staley stated that he has no objection to having another survey
but he does feel the County should be willing to pay its fair share
of the cost for the lot. If it is determined their fair share is
about 15%, which is about what they are paying now, that's fine.
However, if it turns out that they are using 35% of the lot then
they should be requested to pay 35%.
Mr. Regan asked if it is the obligation of the lessee or the lessor
to provide parking and Cm Staley commented that he would need to
read the lease before this type of question could be answered.
Mr. Regan stated that he honestly believes he cannot ask the County
for more money because it is a written covenant in the lease that
he supply their parking. He stated that if the County is going to
be obligated to pay additional funds he would just as soon cancel
their lease, delete the item concerning parking, and let them have
lots of parking in the municipal lot.
Cm Staley stated that he feels the Council should discuss the prob-
lem of the difference in providing parking for the employees of a
lessee and parking spaces for the general public using the County
facility. This seems to be the problem in the use of the municipal
parking lot - the issue is not a matter of providing adequate park-
ing spaces for the individual employees of the County but a matter
of who pays for the general public using the County facility. He
stated that he believes these are separate issues.
Mr. Regan stated that he would like to know if all the contributors
to the assessment district "have been properly assessed. The City is
saying that the County should pay its fair share, but is everybody
else paying their fair share?
Cm Staley stated that this is one of the reasons we have a study
committee studying the business license tax surcharge and hopefully
a fair share for everyone can be determined.
Cm Turner stated that it would appear there are a lot of loose
ends that need to be tied together before talking with the County.
Mayor Futch explained that the City will only be asking the County
to pay their fair share and the City intends to be fair in determin-
ing what this share should be.
CM-30-438
October 14, 1975
(Discussion re Parking
Sutdy - CBD)
Cm Staley stated that all the Council is asking is that the staff
find out if the County would agree, in principle, with paying their
fair share. If they want to take another survey this is fine but
nobody has spoken against the County's paying a fair share - it
just hasn't been determined what the fair share should be. The
sense of the motion is that the staff approach the County and try
to get them to agree to this, in principle.
Cm Miller stated that it is possible the County might wish to partici-
pate in another survey if there is one, and this would be a perfectly
reasonable request.
Bobby Silva stated that what she believes Mr. Regan is saying is that
if the County has to pay their "fair share" then there are merchants
who are not paying their "fair share".
HOTION PASSED BY UNANumus VOTE.
CM STALEY MOVED THAT THE CITY MANAGER EXPRESS TO THE CHIEF OF POLICE
THAT THE CITY COUNCIL IS EXTREMELY INTERESTED IN FAIR, EQUITABLE
AND RIGOROUS ENFORCEMENT OF THE TIME LIMITS FOR DOWNTOWN PARKING
~T LEAST THROUGH THE CHRISTMAS SEASON. MOTION SECONDED BY CM MILLER.
Cm Turner questioned if this is an item that is on the agenda that
perhaps action should not be taken until the merchants have had
the opportunity for input. Some of the merchants may object if
cars are ticketed after an hour of parking.
Cw Tirsell pointed out that a one hour limit is the ordinance.
In answer to Cm Turner's question about this being an agenda item
for which the Council should take action, the majority of the Council
felt this was also a part of the parking study issue.
Manuel Luna stated that the City ordinance is the law and he would
like to know if passage of the motion means it will be enforced.
Mayor Futch stated that the City Manager will be asked to contact
the Chief of Police to request that the law is enforced fairly,
equitably, and rigorously.
Mr. Parness ask~d if the motion would include the addition of a
phrase that would say, "within the limitations of personnel time
available" .
Mayor Futch stated that the Council would be interested in knowing
how much personnel time is being allocated to this.
Mr. Parness indicated that the staff will be making such a report
to the Council. He added that he realizes the Council is concerned
with enforcement of the parking regulations, as is ~1r. Luna and other
members of the business community. He stated that he discusses this
matter with the Chief of Police every week but there are
also complaints about the too stringent enforcement of parking
regulations. The City is trying to enforce the law but it is a
matter of priority and there are a certain number of man hours
to devote to a certain number of requirements with respect to law
enforcement in our community. The enforcement of on-street parking
is one of the lesser priority items. The Chief of Police, at the
request of the City Manager, has reassigned people who mark cars
to try to enforce the parking regulations on the days there are
more shoppers and traffic.
Cm Staley commented that the intent of his motion is not to ask
the Chief of Police to place this item as one of the highest
on the priority list but merely to express the concern of the
CM-30-439
October 14, 1975
(Discussion re Parking
Study - CBD)
Council on this matter and that it does deserve his attention.
The majority of the merchants seem to be in favor of more strictly
enforced parking regulations than the present enforcement and he
would like this expressed to the Police Chief.
o
Cm Miller stated that an additional point to be made is that the
Christmas shopping season is near which is crucial to all the
downtown merchants. Parking regulation enforcement might not be
as essential in January but is very important during the very busy
forthcoming time. Even though parking enforcement priority may
fluctuate during the year, right now it should be somewhat higher
on the list.
Celia Baker, 541 Bell Avenue, stated that the business people of
businesses who park in front or near their business cause the
parking problems downtown which means that it really wouldn't have
to be policed every day. If the police would check on different
days they would get the cars that are parked there all day in
front of their shop. This would really help alleviate the problem.
Mr. Regan stated that as a citizen he would appreciate it if those
asking for stricter enforcement and those asking for less enforce-
ment would be more considerate of the City Manager and not telephone
him to air every gripe.
Cm Turner questioned if a formal motion on this matter is really
necessary. He stated that we have an ordinance that needs to be
enforced, the Chief of Police is aware of the problem and the
City Manager knows of the problem. He then requested that the
motion be withdrawn.
Cm Miller stated that he seconded the motion and would prefer that
it not be withdrawn on the following grounds: The Council could
direct the staff in an informal way to do essentially the same
thing and the point made by Cm Turner is well taken but the Council
is giving its view formally expressed in a motion.
Cm Turner stated that as he recalls there was a discussion about an
item in the past and a motion was made to direct a staff member
to do something about enforcement of the ordinance. It was con-
cluded that this matter was covered in the ordinance and for this
reason the motion was withdrawn. It would appear that the Council
is taking this particular ordinance and directing the Chief of
Police to enforce the ordinance. The Chief of Police is apparently
trying to enforce the ordinance but perhaps not to the liking
of everyone. He added that he believes it is wrong to start select-
ing ordinances and making direct motions asking that various depart-
ments enforce them when they probably already are trying to enforce
them. It would appear that what the Council is really saying
is that someone is not doing their job on this particular ordinance.
Cm Staley noted that he does not view this as a motion that directs
the Police Chief to do anything in particular. There are hundreds
of ordinances in our books and some of them get enforced, particu-
larly if violence or crimes endangering others are involved. These
types of ordinance are seriously enforced but there are hundreds of
minor regulations and parking and traffic regulation is certainly
a minor ordinance in terms of priority of enforcement. At this
particular time we have a special problem downtown that needs
some attention called to it. Everyone on the Council believes
that all laws and ordinances should be enforced at all times but
the fact remains that the Police Department does not have the
manpower to enforce all the laws and regulations. The Council
CM-30-440
October 14, 1975
(Discussion re Parking
Study - CBD)
is expressing by this motion, the sense of the Council. The motion
is not a directive to the Police Chief to go out and spend $25,000
a year, for example, to enforce parking regulations. It is the sense
of the Council that this particular ordinance needs some attention
in terms of enforcement over the next six to eight weeks during
the Christmas shopping season.
Cm Turner stated that he is going to vote for the motion, very
reluctantly, but he is going to go back through the minutes and
try to find the particular issue he mentioned previously. He
added that he feels this type of motion is wrong and he doesn't
believe in it; however he will vote in favor of it because he
wouldn't want anyone to think that he is not in favor of enforce-
ment of the law.
AT THIS THm THE MOTION PASSED BY UNANIMOUS VOTE.
Cm Miller stated that there are items to be discussed, independent
of the things voted on by the Council. The Council voted to post-
pone the discussion of the merchants parking lot and the matter of
policing parking as well as the matter of negotiations. There have
been questions raised about street patterns, diagonal parking, and
ultimately the fate of the mini parks at the intersection of First
Street and No. Livermore Avenue.
It has been the recommendation of the City Manager that the Council
not consider diagonal parking on the basis of traffic hazards. There
also has been concern expressed by merchants downtown about possible
loss of 18 parking spaces when the street is realigned and the con-
cern has been reflected by comments from the Council which in turn
have reflected on what the possibility might be for turning one
of the parks into a parking lot or a park with parking.
Cm Miller stated that the concern about the loss of parking spaces
is a real concern and he can appreciate this. For the most part
the recommendations of the City staff about not using one-way streets
and not going into mass diagonal parking would be reasonable. However,
there are several streets on which traffic is very light and they also
happen to be close to the area in which parking is a serious problem,
particularly "J" Street between Third and Fourth and "K" Street
between Third and Fourth and possibly between Second and Third. CM
Staley has also mentioned "I" Street between Third and Fourth and then
there is also Second Street bet\veen So. Livermore and HcLeod.
Cm Miller commented that if these streets are allowed to go to dia-
gonal parking a number of parking spaces would be gained downtown
to offset the future loss of the 18. In fact, there would be more
spaces gained by making diagonal parking on those streets than would
match the loss. He would suggest that the Council consider allowing
those streets to go to diagonal parking. If the City would do this
the mini parks would no longer have to be considered necessary as
parking lots.
CM MILLER MOVED THAT THE STAFF BE DIRECTED TO STRIPE THE STREETS
FOR DIAGONAL PARKING AS FOLLOWS: "I", "J", and "K", bet\veen Third
and Fourth; "K" Street, between Second and Third; and Second Street
between So. Livermore and McLeod. MOTION SECONDED BY CM STALEY.
Cm Turner stated that he believes the motion is a good idea and
agrees with it but would like consideration of restriping "J" Street,
itself, with the entrance on First Street and the exit on Second Street
He stated that merchants have a difficult time trying to direct
people to the parking on that street and one is committed to make
a right-hand turn when exiting from that street and yet some people
try to turn left.
CM-30-44l
October 14, 1975
(Discussion re Parking
Study :CBD)
Cm Turner stated that from the standpoint of safety he believes
his recommendation should be adopted and MOVED TO AMEND THE MOTION
TO INCLUDE THAT "J" STREET BE RESTRIPED WITH ENTRANCE FROM FIRST
STREET AND EXIT ONTO SECOND STREET. MOTION SECONDED FOR DISCUSSION
PURPOSES BY CM STALEY.
Cm Staley stated that this would be a very good idea but it might
require some staff study.
CM TURNER WITHDREW THE AMENDMENT AT THIS TIME.
Mr. Lee stated that with respect to the streets that have been sug-
gested for diagonal parking, the effect would be more severe to some
streets than others. If there is some inclination to delete some
of the streets (those listed in the motion) he would like to mention
those that may cause problems.
"I" Street, between Third and Fourth is in an area with considerable
commercial activity and there could be a problem as far as safety.
The other street would be "K" Street, between Second and Third.
This is in an area where banks are located and also a lot of traffic.
Diagonal parking is a problem where backing out is concerned and not
having a clear view of oncoming traffic. The other streets are not
in the same category.
Cm Staley stated that he likes the motion as it was made. He under-
stands engineering considerations that indicate this might not be
the best way to provide parking on these streets but he believes
that the need for parking is sufficient to overrule the engineering
considerations because in his opinion they are not that critical.
with respect to "I" Street, between Second and Third, it is the
street with the highest percentage of filled parking spaces on the
survey done by the City Manager, and is probably the most critical
area in terms of need for diagonal parking. There is probably all
day parking by employees of nearby commercial offices because there
is no parking limit on this street.
It was noted that the diagonal lines will provide for 28-32 addi-
tional parking spaces.
Cm Turner stated that he drives down "I" Street frequently and
would have to disagree with Mr. Lee with respect to there being
a lot of traffic on that street. There is a lot of traffic on
Second Street and Third Street but not on "I" Street.
Celia Baker commented that it is her understanding the Herald and
News, which is located at Third and "I" Streets, does not allow
employees to park in their parking lot which means that the banks
and newspaper employees are probably using the street parking. She
suggested that perhaps it would be helpful to find out just how
many businesses do make their employees park on the street. If
parking on "I" Street is filled it is probably filled with Herald
and News employees.
AT THIS TIHE THE MOTION PASSED BY UNANHI0US VOTE OF THE COUNCIL.
Cm Turner asked that the staff report on the possibility of revers-
ing the parking for "J" Street with entrance from First Street and
exit to Second Street and that the merchants be contacted, AND SO
MOVED. MOTION WAS SECONDED BY CM STALEY FOR DISCUSSION PURPOSES.
CM TURNER INCLUDED IN THE MOTION THAT A REPORT BE BROUGHT BACK TO
THE COUNCIL WITHIN 30 DAYS. MOTION SECONDED BY CM STALEY.
CM-:30-442
October 14, 1975
(Discussion re Parking
Study - CBD)
Mr. Lee stated that he can report to the Council at this time. The
"J" Street mall parking is northbound and the City will soon be going
out to bid for "K" Street, between First and Second. This will be
very similar to the mall on "J" Street and will be southbound. This
was discussed by the Beautification Committee, the Design Review Com-
mittee and other groups. The reason they go in opposite directions
is to circulate through that block without going around the entire
block. He stated that he believes that one should be one direction
and one the other direction. He stated that it probably wouldn't
make any difference which one is south and which one is northbound
but "J" was selected for northbound parking and traffic and the
bricks have been constructed to accommodate that pattern. If there
is a change it would mean a reduction in the number of parking
spaces and unless there is a specific reason for making a change
he would suggest that it remain as is.
Mr. Parness stated that he would like to mention that when this was
discussed in the past and northbound traffic was selected for "J"
Street one of the reasons was because southbound traffic would cause
traffic congestion for westbound traffic on First Street.
Mr. Parness stated that the staff will come back to the Council with
a report on this suggestion.
MOTION PASSED BY UNANIMOUS VOTE.
RECESS
After a brief recess the Council meeting resumed with all members
of the Council present.
RES. AUTH. CONSTRUCTION
BIDS FOR FIRST ST./SO.
LIVERMORE AVE. INTERSECTION
The matter of the resolution authorizing construction bids for the
First Street/So. Livermore Avenue intersection has been held in
abeyance pending a report and City determination on the parking
issue.
ON MOTION OF CM MILLER, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE
THE ITEM WAS TAKEN OFF THE TABLE.
CM TURNER MOVED THAT THIS ITEr1 BE CONTINUED UNTIL THE JANUARY MEETING
AND THAT IT BE DISCUSSED AT THE SA~E TIME THE MUNICIPAL PARKING IS
DISCUSSED. MOTION DIED FOR LACK OF A SECOND.
CM MILLER MOVED THAT THE COUNCIL ADOPT A RESOLUTION AUTHORIZING
CONSTRUCTION BIDS, SECONDED BY CM STALEY.
Cm Miller stated that he did a recount of the spaces available
with the diagonal parking and arrived at a figure of 32 spaces
gained. He stated that this should more than cover the number of
spaces to be lost in the widening of First Street and even possibly
covered twice. The analysis of spaces available in this area and
other areas downtown, surveys show that 40% of the parking is un-
occupied averaged over a week. Generally there is some parking
available on First Street and some on the side streets.
Cw Tirsell stated that she has spent a lot of time considering this
item and at the budget session in June she asked that this be recon-
sidered at the time bids were to go out, for inclusion of parking
on the southeast corner. Part of her motion included, "provided that
a mechanism be found to repay Park Funds". There is a basic question
CM-30-443
October 14, 1975
(Re Constr. Bids for First
St./So. Livermore Ave Intersection)
of equity involved. The City has not, in the past, had funds to
build parking lots. This is a requirement of new construction
and reconstruction and our ordinance requires 1 sq. ft. of parking
for 1 sq. ft. of building. With the opening of 83 acres that will
be accomplished by the track relocation, if the City provides park-
ing from City funds for this park then we will have created a basic
inequity for those who hope to do new construction as the area opens
up. I~ would also be unfair for those who, in the past, have built
parking lots, beautified and maintained them. People who have
businesses in a shopping center pay for parking in their rent
as well as cleaning, beautification and lighting. This is not
the case with the downtown merchants. The streets (including park-
ing) are swept, lighted, and maintained by City funds. She stated
that she does not see how the City, in the future, could require
one for one parking for new development unless the City intends to
build parking in the CBD. There seems to be no mechanism for fund-
ing CBD parking that the merchants would be willing to agree to.
The Park Fund is about the only means available and if we begin to
pick away at the Park Fund now there soon will be no funds available
for parks. Even though she believes in the concept that utilitarian
use and beauty can be combined, she cannot find justification on
the basic question of equity in this matter. What is equitable for
one merchant must be equitable for another. We are going to need
new construction in the CBD and the ordinance of one for one is going
to have to be enforced. The City cannot pay for parking spaces.
For this reason she will vote in favor of going to bid for the mini
parks.
Cm Turner stated that he has reviewed this item a number of times
and believes that what Cw Tirsel1 has said makes a lot of sense.
However, he will vote against the motion because he feels this
is an excellent opportunity to beautify an area as well as to put
it to a valid use. It is difficult for him to justify building
parks downtown, strictly as parks, when there is some question
as to whether or not the parks will be used and when there are
neighborhoods in need of parks for children. He still believes
that the best use for this property would be parking combined
with beautification.
Cm Staley stated that since this item first came up his position
has been that there should be no parking or beautification of these
particular lots. After studying the matter, however, he has come
to different conclusions. He believes the two corner lots are not
safe for parking with respect to ingress and egress due to the
heavy amount of traffic flow at this intersection. He stated
that he was very impressed with the number of merchants who signed
the petition indicating their desire for mini parks at both lots
and is further impressed that we can recover all the parking spaces
that will be lost by diagonal parking. The merchants have indicated
that while there is a desperate need for parking in the CBD area
there is also a need for beauty and visual relief in the downtown
area and he believes that these lots, when constructed, will pro-
vide the needed visual relief. For these reasons he will support
the motion.
Mayor Futch commented that he has always believed the City could
get more for its money by using the Park Fund for development
of parks elsewhere in the community. The City Attorney has ad-
vised that it would be illegal to use the Park Fund money for
provision of parking and the City has no money available except
through the Park Fund. Therefore, there isn't much choice and
he will support the motion.
Cm Miller stated that Cm Turner raised a question that he feels
should be explained so as to leave no misunderstanding. There
CM-30-444
October 14, 1975
(Constr. Bids for First St.-
So. Livermore Avenue
Intersection)
has been a question about Park Fund money vs. need for developed
parks for neighborhood areas. It is certainly true that th~r~ is
a need for developed parks in the neighborhood areas but there are
a series of contracts and ordinances that have been worked out in
combination with LARPD that says if the City acquires land for rec-
reational purposes LARPD will develop it. In the newer parts
of town there is a new ordinance which provides for collection of
a park development fund that is turned over to LARPD to be used for the
development of those neighborhood parks. Generally, without the
park development fee it is the responsibility of LARPD to provide for
the development of neighborhood parks. The City develops and main-
tains those parks which are not recreation parks - those with visual
impact. All the neighborhood parks and community parks are the respon-
sibility of LARPD.
Cm Turner stated that he still believes the corners can be made to
look nice and still provide parking and as for the hazards involved
he indicated that a service station was located on the one corner
and there were no traffic hazards when people were going in and
out at that time.
Bobby Silva stated that the taxpayers pay for the parks and it should
be made clear that the parks have not been voted on by the people but
rather by the City Council and provided by ordinance. She felt this
item should be put to the vote of the people.
MOTION PASSED 4-1 (Cm Turner dissenting) .
REPORT RE P.R. RE
RESOURCES, LAND USE
AND ENERGY
The City Manager reported that the Assembly Committee invited
our City to participate in public hearings concerning resources,
land use and energy, on October 9 and 10 in San Francisco. Time
did not permit a presentation but the City was informed that a
written statement receivable within the next two weeks would be
acceptable.
Cw Tirse1l stated that this is a very large public hearing and the
City has been asked to speak to only a small issue. She stated
that she would suggest the Council address the problem of municipal
growth vs. county growth and the land use conflicts that occur between
counties and municipalities.
Cm Miller suggested speaking briefly
policy on development where the jobs
policy to discourage commuting.
i~~of regional
land use
Cw Tirsell commented that she believes the League of California
Cities has an excellent position - that the resources and the manpower
are in the city, in the decay, and if impetus were given by the state
in their funding policies to redo urban cores and keep jobs there,
many of our land use problems would be solved. She suggested that
the City excerpt the League's position and emphasize it.
Mayor Futch stated that he would meet with Cw Tirsell to prepare
a statement for presentation that will be distributed to the Council
before it is sent.
REPORT RE JOINT SOLID
WASTE CO~1ITTEE
It was reported that over the past 2~ years a study has been underway
with 10 participating public agencies within Alameda County that are
CM-30-445
october 14, 1975
(Report re Joint Solid
Waste Committee)
served by Oakland Scavenger. The purpose of the study is to
compose an acceptable accounting system and a rate regulation
method. Inherent in the plan would be the adoption of a uni-
form ordinance among all participating public agencies.
One of the controversial provisions of the ordinance draft now
under study by the various jurisdictions, is the length of the
collection contract that may be awarded to Oakland Scavenger and
Cm Miller has requested that this item be placed on the agenda
for discussion.
In the Finance Director's written report to the Council it was
noted that the document proposes a 15 year franchise agreement
and with justifications Oakland Scavenger feels it would be to
the best interest of all involved if there were a 20-25 year fran-
chise agreement. The full membership of the Joint Solid Waste
Committee has not yet voted on the proposed revision of time
and there is opposition by a minority of the Committee to a 20
or 25 year contract.
Cm Miller stated that he is not sure the report from the Direc-
tor of Finance would reflect the sense of the Council because
the report generally recommends long term contracts for Oakland
Scavenger. The Council discussed this item, briefly, about a
month ago and there was some question as to whether or not a
long term contract would be reasonable. He added that he would
suggest the Council direct the Director of Finance to oppose
long-term contracts, as our City's representative and member
of the Joint Refuse Rate Study Committee, because even the 15
years is too long.
It has become clear to Cm Miller in listening to the spokesman
for the Joint Refuse Rate Committee that the Committee, in a
sense, has become a spokesman for Oakland Scavenger. This
position (20 to 25 years) is the support of Oakland Scavenger's
desires and is in contrast to the situation as it was three years
ago.
Cm Miller stated that he attended one of the meetings three years
ago and talked with people who were active at that time. There
was quite a different outlook at that time. We have to face the
fact that this is a matter of politics and that Oakland Scavenger
is a very powerful lobby in Oakland and it is the Oakland City staff
which is managing the Joint Refuse Rate Study. We need to recog-
nize that Oakland Scavenger is a near monopoly - it is not a monopoly
because they do not have all of the garbage collection but they do
have about 3/4 of the business in the County. They are regulated
in a very sporadic way and there is no real competition.
The concern about long-term contracts is reflected in a concern
by the Solid Waste Management Plan Advisory Committee who have
adopted the recommendation that no major commitments to private
enterprise or public enterprise be made until all the pros and
cons of cost and efficiency (public vs. private enterprise) are
available for the solid waste management aspect. Oakland Scaven-
ger feels they should receive a 25 year contract or 15 year con-
tract and this would be premature until these alternatives have
been considered. If a 15-25 year contract were adopted it would
pre-empt any rational consideration of alternatives and makes
the Solid Waste Management Plan and the directive by the state
to have some type of solid waste management plan, essentially
a useless study.
The majority of the Committee has not taken a position on the
length of the contracts but there has been a desire of the
Committee to allow the long-term contract.
CM-30-446
October 14, 1975
(Report re Joint Solid
Waste Committee
Cm ~1iller stated that he would like to give the Council examples of
what the issues are: ~) Large landfill for Oakland Scavenger in the
hills of Altamont and~ private transfer and recovery station paid
by all the rate P~~~~~~~~9~~J~1~SCaVenger. It is not clearK t. ~
that it will be, 1::5tiC~-C'6iJ.[CID ery profitable and there may be~~' .
meri t in having recovery take place at a transfer station owned by(l;'l
the public. ~ The large landfill is a way of avoiding an attempt
to get resource recovery moving. Landfills are easy to fill up and
there is no pressure on them to have real resources recovery if land
is available.
It would seem that these issues are very important and should not
be pre-empted. Oakland Scavenger cannot be blamed, in any way, for
trying to get their private plans approved prior to all these studies
taking place. However, the City is not "in their shoes" and we should
want to look carefully at all these aspects, as people who will be a
part of a Joint Powers Agency that is supposed to administer a Solid
Waste Management Plan. If Oakland Scavenger gets the contracts
and the Altamont landfill, all possibilities of a plan are essentially
pre-empted. The plan will then be Oakland Scavenger's private plan.
The argument that Oakland Scavenger is using is that there is an
essential need for landfill because landfills are running out of
space and this is true. However, there is an existing sanitary land-
fill in Alameda County which happens to be on Vasco Road and that
landfill could take care of the whole County of Alameda, according
to estimates, for at least 10 years. It will take care of Livermore
for 400 years but it could take care of the entire County for approx-
imately 10 years. Oakland Scavenger does not own this site but, in
fact, it is a site that is available. In 10 years it should be
possible to work out the resource recovery and if it doesn't work
another landfill can be approved. This is enough time (10 years) to
do the planning and actually construct a resource recovery.
The concern that Oakland Scavenger has expressed, in opposition to
the Solid Waste Management Plan, is that something needs to be done
immediately and they are ready to do something and that there is no
other way to go. However, there is another way to go. Fundamentally,
the issues for all of these things are: 1) Who should own the resource
recovery site and the recovered materials; and 2) who should own the
landfill? Should they be owned by Oakland Scavenger or should they
be publicly owned. Let us not make this decision, either for or
against Oakland Scavenger or public ownership, at this point but
there should be a study made and it should not be pre-empted. The
continual push by the City of Oakland, in conjunction with Oakland
Scavenger, for long-term commitment is wrong in principle, contrary
to the concept of the Alameda County Solid Waste Management Plan
and is a very long story. The Council should direct the Director
of Finance to oppose any long-term contracts with Oakland Scavenger.
CM MILLER MOVED THAT THE DIRECTOR OF FINANCE BE DIRECTED TO OPPOSE
ANY LONG-TERM CONTRACTS \VITH OAKLAND SCAVENGER. MOTION SECONDED
BY CW TIRSELL FOR DISCUSSION PURPOSES.
Lou Alberti, representative of Oakland Scavenger, stated that in
bringing the garbage from the Bay Area, not going through a transfer
station, it would cost $3.75/ton which would mean $ll,OOO/day.
There is no economical way to haul the trash up here in their garbage
trucks. They would have to bring about 600 loads per day. The transfer
station they propose, building it and financing it, would have to
be paid for through new rates because there is no lending institution
that would give them this kind of money on a five or 10 year contract.
It would be advantageous for the City to enter into a long-term
contract with Oakland Scavenger. The cost of financing the facility
they propose would be about 40% less over a 25 year period than
a l5 year period. with respect to the plant generating money, if
CH-30-447
october 14, 1975
(Report re Joint Solid
Waste Committee)
legislation would pass to guarantee the scrap, glass and energy
recovery that could be gained from uses of the material, the money
would be placed back into the company's income to reduce the rates
to the homeowners using the facilities - excluding Livermore because
it has a landfill provided for the next 35 years in its contract.
If the energy plant could produce $1 million in revenue it would
be placed back in to reduce the rates of the people, on a percentage
basis, that goes into the landfill. This would be for rates affecting
Albany, Emeryville, Oakland, Hayward, Castro Valley, Alameda,
and on down the line. There is nothing "sneaky" about this whole
operation. It has been discussed for many years. The City of
Livermore does not have to go along with a 25 year contract because
it is already committed to a landfill for at least 35 more years.
Livermore is not included with respect to the transfer station
and the cost of paying for the transfer station. This cost will
be borne by Oakland Scavenger's cost of operation in the towns
served.
Cm Staley stated that it is his understanding Cm Miller's primary
objection is that this would effectively pre-empt a study for the
Solid Waste Management Plan, and asked that Mr. Alberti respond to
this point.
Mr. Alberti stated that the plan is being circulated through the
cities of Alameda County for their approval or rejection. Oakland
Scavenger won't know for about a month as to how the various City
Councils will react to the plan that was passed by a slim majority
of 2 by the Solid Waste Management Advisory Committee. He stated
that Oakland Scavenger is not in disagreement with the County plan
but they are opposed to certain facets of it because it would mean
curtailment of their program to build a transfer station. There
is room left for only one year on their landfill site, Alameda's
should have been closed, and Marina is going to be full within
a year. There is no more landfill available. At present 3,000
tons are being hauled into that area and they cannot be delayed
for another 3-5 years. He added that if resource recovery is profit-
able they would be the first to want to be involved but they cannot
enter into purchase of $3 million shredders without some guarantee
from the state or from the federal government that the material
will be purchased at a given price. The customers cannot be expected
to pay another 509 or $l/month for something like this without
guarantees. He stated that he does not feel they would be pre-
empting studies.
Mr. Alberti pointed out that the Plan has not been approved by the
Planning Commission or the cities involved and it has not been
approved by the Board of Supervisors and this is the reason they
feel they would not be pre-empting anything.
Cm Staley stated that what he is trying to say is that Cm Miller
has indicated that if Oakland Scavenger does receive a long-term
contract, there is no point in doing any more work on this Plan
or any other plan because the contract would essentially be the
plan.
Mr. Alberti stated that Cm Miller is entitled to his op~n~on but
he does not agree that this would be the end of the County's plan.
If Oakland Scavenger gets the "go ahead" and builds the transfer
station then the Committee would evaluate resource recovery and
help get legislation to make resource recovery profitable and
everyone should benefit.
CM-30-448
October 14, 1975
(Report re Joint Solid
Waste Committee)
John Corley, attorney representing Oakland Scavenger stated that Cm
Miller's point is well taken but perhaps he has missed the point. You
are talking about a Joint Study Committee and giving a contract for
the collection of garbage. In the County Plan, specifically, is the
suggestion that the collection of garbage should remain within the
jurisdiction of local government. There was never a suggestion that
the County should come in and tell the City of Livermore that it cannot
contract with Oakland Scavenger for garbage collection. This was not
included in the plan and it was deliberately omitted from the plan.
If Oakland Scavenger is going to the cities saying they need a trans-
fer station because they have a problem today, this is outside of the
Joint Refuse Rate Study Committee's recommendation of a 15 year contract.
It is suggested that a 15 year contract is needed in order to provide
for a transfer station. The City of Oakland feels a transfer station
is necessary and he is concerned when one city has solved their prob-
lem and goes to a city with a major problem to say they want to study
the whole picture while the problems continue. By suggesting that
Livermore opposes a long-term contract would be unfair to the City
of Oakland. He would also like to mention that it is not the lobbyists
of Oakland Scavenger that are suggesting to the people of Oakland that
they have a problem that needs to be solved. The Oakland staff is
aware of the problem and they believe they have a solution. It is
not the Oakland Scavenger influence that is convincing the City of
Oakland. All you have to do is look at the facility to realize that
there is a problem.
f1r. Corley felt it is contrary to the best interest of those cities
that contain the majority of the population in Alameda County for the
City to request that the transfer station be delayed until such time
it can be determined who should own the station or what type
of financing should be provided. If Oakland Scavenger proceeds with
its plans for a transfer station it would first go to the City of
San Leandro, where it will be located, for permission to have a
transfer station. Oakland will also have to go to the State of
California's Solid Waste Advisory Board, in Sacramento, for permis-
sion to proceed with this on the basis that the plan has been approved
prior to that time. The Oakland Scavenger plan conforms with the
plan approved by the Joint Refuse Rate Study Committee. The transfer
station is not a proposal that is out of line, it is within the plan,
and it will not pre-empt the plan. Oakland Scavenger would be a part
of the plan, not the plan itself, and Oakland Scavenger would not
pre-empt the plan.
Mayor Futch asked if resource recovery would be hindered and Mr.
Corley stated that it will, in fact, enhance resource recovery.
The transfer station, itself, has a provision for recycling materials
that are economically recycled today. It has the ability to be expan-
ded with a larger area and other facilities in order to be able to
recycle material when it becomes economically feasible. PG&E has
been working with Oakland Scavenger for a facility for the purpose
of resource recovery in the form of energy recovery. This is part
of the plan and it would be based upon the ultimate development of it.
A transfer station is necessary and the City of Livermore should not
become involved as to whether the transfer station is owned by the
public or a private party.
Lois Hill, member of the County Solid Waste Advisory Committee,
stated that she addressed the Council two weeks ago concerning the
effects in the delay of building a transfer station which cannot be
built in a day. The effects include: The environmental deterioration
due to extending the life of the landfill, excessive energy costs
from using many small collection trucks rather than large trucks,
the loss of income from recyclables that cannot presently be recycled
because we do not have a transfer station, and undue hardships a delay
would place on the collectors.
cm-30-449
October 14, 1975
(Report re Joint Solid
Waste Committee)
Lois Hill continued to say that in the Advisory Committee there
were about three Berkeley members and when Cm Miller introduced
a resolution regarding a delay until the public vs. private owner-
ship determination has been made, the Berkeley members of the
Committee were very disturbed, inasmuch as they had made plans
for their public disposal system to begin constructing a transfer
station in Berkeley. They objected in the same way that Oakland
Scavenger is objecting this evening. One of the Committee members
then inserted the words, "no major development in collection proces-
sing and disposal", which got Pleasanton and Berkeley "off the hook"
because they were already proceeding with their transfer station.
The Berkeley members then voted in favor of Cm Miller's recommenda-
tion for delay while the matter of public vs. private ownership is
being considered. If those other three members had voted the other
way the resolution would not have passed because the vote was very
close. She urged that the Council also take this into consideration
and that there are other communities with similar problems.
It would seem that it would be advisable to prefer a solution pro-
posed by a reliable long-standing scavenger company rather than an
unknown, nonexistent public agency. She stated that of course this
is her own personal opinion.
Cm Turner stated that he would like to know how Mrs. Hill voted on
the resolution presented by Cm Miller and she indicated that she
voted against the resolution. She indicated to the Council two
weeks ago that her personal preference is for private ownership of
the transfer station over public ownership. She added that one of
the reasons she voted against the motion was because Oakland Scaven-
ger is a firm of longstanding reliability and also because of what
is presently happening in New York City with respect to publicly
owned facilities. The plan provides for review every three years
because it is understood that one cannot predict what will happen
in 1990. The existence of a transfer station does not mean there
will no longer be flexibility, especially if the structure recom-
mended to the Committee by her and Cm Miller is followed.
Mr. Nolan, the Finance Director, stated that the Joint Solid Waste
Committee proposes to submit a report to the various governing
bodies of the jurisdictions involved and these governing bodies
will have the opportunity to review the proposed model agreement
and to approve or disapprove what the Joint Solid Waste Committee
has developed over the past two years. A 15 year term is being
used in the model agreement and it is up to the Oakland Scavenger
Company to document and otherwise present data to the Joint Solid
Waste Committee. He wanted to emphasize that no city is bound to
the 15 year term, it is just a recommended model agreement.
Cm Miller stated that there have been wide ranging number of points
made this evening and they are difficult to resolve. The argument
that Oakland Scavenger is a part of the plan is only true if they
pre-empt the plan. It is clear that Oakland Scavenger is a part of
the plan in the sense they want to do it only if they have pre-empted
it and it is their plan, not a public plan. Oakland Scavenger will
undoubtedly always be a part of the plan because some or all of the
cities will continue to deal with them. The part of the plan which
indicates everything is in Oakland Scavengers hands is certainly
consistent with the plan but it isn't really a plan - that has essen-
tially been pre-empted. He stated that he cannot agree with Mrs.
Hill, in that even if there is a review every three years it isn't
of much value if there is a 25 year contract because you would
be locked in. It is true that there was a narrow margin concerning
the vote and the Pleasanton representative did not vote in favor
of the plan.
CH-30-450
October 14, 1975
(Report re Joint Solid
Waste Committee)
Cm ~1iller added that all of the industrial representatives, including
the representative from Oakland Scavenger, voted against the plan
and in most situations if we had that same kind of connections
in any committees on which we serve as public offials, we would have
a feloneous conflict of interest. It should be emphasised that all
of this is connected (contract and the Solid Waste Management Plan)
even though the Council is talking about the contract only at this
time. Oakland Scavenger has its own solid waste management plan
and they tried very hard to get the Committee to consider and adopt it.
Oakland Scavenger's plan was unacceptable to the Committee, as was the
County staff's plan that had a model county agency handling everything.
Cm Miller stated that Mrs. Hill proposed an alternate structure for
all of this which was acceptable to the majority of the Committee
but the point was that Oakland Scavenger has their own plan and their
own plan is in the letter received by Mayor Futch and probably the
other Councilmembers. Their plan is very interesting - Oakland Scaven-
ger essentially does it all and there is essentially zero regulation
upon them by anybody, except by extremely fragmented groups who can
do no real solid waste planning. Essentially, Oakland Scavenger would
retain their near monopoly position without real regulation, in his
opinion. We do not have to accept the view of Oakland Scavenger and
if it should turn out to be inconsistent with the public interest
another position will have to be taken - in his opinion their plan
is inconsistent with the public interest, as are the long-term con-
tracts.
Cm Turner questioned why Cm Miller is saying the long-term contracts
are inconsistent with the public interest and Cm Miller explained
that the cities involved with the contract would be locked into
the agreement with no alternatives from which to choose. Some
day it may be felt to be advantageous to contract with a public
agency but in all probability it would always be better to contract
with Oakland Scavenger because they do a good job. However, Cm
Miller stated that he does not want this pre-empted before the
questions can be resolved.
Cm Miller stated that he does not like the attitude of the repre-
sentatives from Oakland who have pre-empted this choice. There are
different views about how effective Oakland Scavenger lobbies are.
Some people say they are very effective and others say they are not.
He cannot say, personally speaking, how effective they might be.
With respect to the matter of the need for the transfer station, there
is a need to do something and there probably will be a need for landfill
if we don't do something else. The transfer station of San Leandro has
met with tremendous public opposition because it is in their general
plan as recreation space. The proposed transfer station is not opposi-
tioned free. There are alternate landfill sites, for a short run,
and although the landfill Oakland Scavenger is proposing in the A1tamont
Hills has rail access but they do not plan to use rail in the transfer
of garbage from their transfer station. They propose to send very large
and heavy trucks through the Valley; big heavy trucks would be better
than many smaller trucks but the point is rail access is available and
there is no real effort to use it for two reasons: 1) because they
have the trucks, and 2) the rates would be unfavorable, but no effort
has been made to change the rates. . #W~t\t:.
Cm Miller stated that landfill could~e~rce recovery and this
is a long term commitment. This proposal is a long-term contract for a
resource recovery transfer station owned by Oakland Scavenger and he
would argue that one should not agree to a long-term contract until
the question of who will own the resource recovery facilities or trans-
fer stations, until it has been studied and has been resolved. An
adequate study cannot be completed if there is
CH-30-45l
October 14, 1975
(Report re Joint Solid
Waste Committee)
a 25 year contract with Oakland Scavenger tomorrow. This is the
issue Cm Miller is raising and the reason he believes the Council
should object to the long-term contracts.
Cw Tirsell commented that SB 5 says that an Alameda County Plan
must be filed by January 1, 1976. We have received a draft on the
Alameda County Plan which she has reviewed in addition to receiving
presentations from COVA and Cm Miller. "If adopted by the majority
of the cities that contain a majority of the population this plan
would be submitted to the state for review." She stated that she can
understand Oakland Scavenger's problem. They cannot get financing
for what they wish to do and to accomplish what they want to accom-
plish unless they receive assurance that they will receive the business
over a long period of time. They cannot get a loan unless they re-
ceive a long-term contract and this is strictly a business point.
However, there is a point involved that concerns Cw Tirsell in that
she has read the Alameda County Plan but doesn't know what the con-
sensus of the County is or if they would want a board to oversee
the plan or implement a separate agency to oversee the plan. The
business point is very crucial for Oakland Scavenger and they cannot
proceed without the long-term contract. As soon as the Alameda County
Plan is filed, on January 1, it will be clear to the cities whether
or not there will be an implementation program and if there is, just
what it will be.
Cw Tirsell stated that when she knows how monitoring of the plan is
to be done then she will feel more comfortable. January is not a
very long time to wait although she understands that in the world
of finances it is a long time to wait. However, she couldn't vote
to commit our City and believes our representatives should not vote
to commit our City to a long-term contract prior to the filing of
the Alameda County Plan. When the majority of the cities contain-
ing the majority of the popu~ation have said "this is the plan we
want", then we can decide that the contract should be written so
that there is mandatory review with options, or whatever is needed
and she would be able to agree with a long-term contract at that
point in time - when she knows what the Alameda County Plan will be.
Cm Staley stated that he does not feel he is adequately informed
on this issue to make a decision this evening; therefore, if there
is to be a vote he will abstain. He added that he believes the
proposal made by Cw Tirsell is very reasonable.
Cw Tirsell stated that she would recommend that Mr. Nolan not vote
in favor of a long-term contract, if it is to be voted on, until
the City knows what the consensus concerning the Alameda County
Plan is going to be. After the filing of the Alameda County Plan
and when a consensus has been filed with the County then she
would probably be willing to vote for the long-term contract.
Cw Tirsell added that it is evident that garbage is a household
problem but it isn't a household language. She has not talked
to anyone other than Lois Hill, Don Miller, the Oakland Scavenger
people and a few others who have done a little research, who even
perceive what the problem is. The problem of what to do with
garbage is an immense national problem and people do not understand
that what they are throwing away is really a tremendous problem.
A majority of the cities that represent a majority of the popula-
tion must approve the Alameda County Plan and it must be filed
by January 1.
Cm Miller stated that this is the required vote for that plan to
be approved by the state. If, however, no plan is approved by
Alameda County the state will write one for Alameda County. There
has to be some kind of a plan for the County.
CM-30-452
october 14, 1975
(Report re Joint Solid
Waste Committee)
Mayor Futch commented that he doesn't feel he can vote in favor of
Cm ~1iller's motion because he would like to have the opportunity to
think about this issue.
Cw Tirsell suggested that the matter and the motion be continued.
Mr. Nolan noted that the next meeting takes place October 23rd and
this would be prior to the next Council meeting.
Cm Miller stated that undoubtedly there will be a number of other
meetings held by the Joint Solid Waste Committee concerning this
item.
Cm Turner stated that he is not opposed to long-term financing and
that from a financial standpoint the long-term agreement with Oakland
Scavenger would be very necessary before they could receive any kind
of financing for their plan. In his opinion Oakland Scavenger has no
intention of cheating the public because there is too much at stake
and they have too much to lose. Oakland Scavenger's attorney has
said that they would conform to any solid waste management program
the County comes up with. Cm Turner added that he believes this
would be written into the contract and he would ask if it is in the
contract because it is important. He would ask Oakland Scavenger if
conformance to the Alameda Solid Waste Management Plan is included in
their contract.
Mr. Corley, their attorney, stated that the first problem is that
the plan itself says that the collection and control of collection
will be the responsibility of the individual cities. ~Vhen we speak
of the 15 years we are talking about collection only. He would sug-
gest that prior to commencement with a transfer station, which is
a concern expressed by em Miller, and the sanitary landfill, that
at that time they must go to the state for approval. Oakland Scavenger
has to tell the State Board that the County will file their plan and
if the County plan has not been filed or approved by this time it has
to be done on an urgency basis and the Board will look at what the plan
is, what it should be, and make a determination as to whether Oakland
Scavenger receives approval. If the Alameda County Solid Waste Manage-
ment Plan is filed by January 1, and has been approved prior to Oakland
Scavenger going to Sacramento with plans for the transfer station and
landfill then their plans have to be in conformance with the County Plan.
They do not have to conform if there is no plan to conform to, but if
one has been filed that has been approved they must conform to it.
However, this is not the issue in the 15-25 year contract. Livermore
is asking that the other cities not contract with Oakland Scavenger
because if they do there is a possibility the plan for Alameda County
will be set.
Cm Turner stated that Cw Tirse11 has mentioned the fact that the County
needs to submit a plan prior to January 1 and he would like to know
the schedule for Oakland Scavenger's plan.
Mr. Corley stated that with respect to the schedule, the Joint Rate
Refuse Study Committee has been working for a long time.
Mr. Nolan explained that there have actually been two committees -
one was the original technical committee that worked with the
Price ~1aterhouse accounting staff in late 1971 through 1972. Then
the Alameda rlayors' Conference adopted the Price ~qaterhouse report
and suggested that the Joint Solid Waste Management Committee be
formed to implement the report and to make recommendations on rate
setting procedures. The current study dates from approximately
January of 1973, or about 2~ years.
CM-30-453
October l4, 1975
(Report re Joint Solid
Waste Committee)
Mr. Corley continued to say that there have been 2~ years of work
on this contract and with respect to the schedule concerning the
transfer station, the plans are before the City of San Leandro
for zoning. After the zoning and a conditional use permit is
granted they can proceed further with the plans. As far as the
sanitary landfill is concerned, an application for a conditional
use permit has been filed and the staff is working on an EIR. It
is anticipated that this will not be reviewed by the zoning adminis-
trator until after the first of the year. If the matter has to be
appealed they would go to the Board of Supervisors and then to the
Regional Water Quality Control Board.
Cm Turner stated that this means that if the Council takes the posi-
tion of January 1, it wouldn't really conflict with Oakland Scavenger.
Mr. Corley stated that this would depend upon what position the City
Council intends to take. If the Council decides there should not be
a contract for collection of garbage in the member cities until after
January l, it would be in conflict; however, this is all the City is
being asked to approve - the collection contract. If Livermore's
representative would vote in favor of the contract, and all the
member cities would approve the contract, then they would return
a model contract to the City and begin negotiations concerning
rates. It is true that the rates would include a cost for the
transfer station.
Cm Miller stated that Mr. Corley has spoken about contracts for
l5-25 years being for garbage collection only and he is suggesting
that Livermore should not be telling everyone else what to do about
their garbage collection. Cm Miller stated that he would agree that
what people want to do about their garbage collection is their own
business. However, it should be made very clear that for garbage
collection, alone, a 15-25 year contract is not necessary. Con-
sequently, this 15-25 year contract involves a transfer station
and landfill despite what Mr. Corley has said. It is the transfer
stations and landfills that bear on the Solid Waste Management Plan
and is the concern over a long-term commitment.
If you are going to take into account the long-term problems of
transfer stations and landfills and who will do them, they are
tied in with the 15-25 year contract and it is very clear that
Oakland Scavenger has said they wouldn't be talking about a 25
year contract if they weren't worrying about the financing of
things which really fit under the Solid Waste Management Plan.
Consequently, this is the reason he has made the motion to object
to these things until there is an opportunity to study them.
CM MILLER RESTATED THE MOTION TO DIRECT THE DIRECTOR OF FINANCE TO
OPPOSE THE LONG-TERM CONTRACT IN THE COMMITTEE.
CM MILLER INCLUDED IN THE MOTION, UNTIL THE ALAMEDA COUNTY SOLID
WASTE MANAGEMENT PLAN HAS BEEN FILED, JANUARY 1. MOTION SECONDED
BY CW TIRSELL.
MOTION RECEIVED A 2-2 VOTE (Cm Turner and Mayor Futch dissenting
and Cm Staley abstaining).
CW TIRSELL MOVED TO CONTINUE THIS ITEM TO THE FIRST REGULAR COUNCIL
MEETING IN NOVEMBER, SECONDED BY CM TURNER.
Mr. Parness noted that this entire matter will be the subject of
even longer debate when the model agreement comes back to the Council
probably within a month or two.
MOTION WAS WITHDRAWN AT THIS TIME.
CM-30-454
October l4, 1975
REPORT RE APPOINTMENT
TERM - LIBRARY BOARD
Cm Miller requested that the term for Library Board Members be changed
from the current 3-year term to a 4-year term in order to be consistent
with other City commissions.
CM MILLER MOVED THAT THE TERM FOR LIBRARY BOARD CO~~ISSION BE CHANGED
TO A 4-YEAR TERM TO BALANCE THE OTHER CITY COMHISSIONS. MOTION
SECONDED BY CM TURNER.
Cm Miller stated that the only thing remaining would be the existing
terms which can be left to the staff. Nobody will serve more than
eight consecutive years.
MOTION PASSED BY UNANIMOUS VOTE.
REPORT RE EMERGENCY
AMBULANCE SERVICE
Mr. Parness commented that he is very concerned about the emergency
ambulance service topic but would request that the item be postponed
at this time due to matters which have come up just today and the
staff will be having another meeting prior to coming to the Council
with a recommendation. The staff is not prepared at this time to
bring it to the Council's attention.
CM STALEY MOVED TO CONTINUE THE ITEM, SECONDED BY CM TURNER AND
PASSED BY UNANIMOUS VOTE.
REPORT RE LABOR
RELATIONS CONTRACT
RETENTION
Mr. Parness reported that over two years ago the Council authorized
retention of a private labor relations firm, Industrial Employers
and Distributors Association (I.E.D.A.) to assist the City on con-
tract negotiations with our Fire Department. I.E.D.A. was reluctant
to contract with our City since it is their exclusive practice of
representing employer and all employees but at that time our other
employee groups had two years remaining on their contract term. At
our request a proposed revised agreement arrangement has been pre-
pared by I.E.D.A. which is described in a written report to the
Council. The cost for this firm would be about $3,300 higher than
the cost normally expended by our staff but there is a substantial
benefit accruable to the City in having a professional labor negotia-
tion spokesman and staff at our disposal for support and information
on a variety of related issues. It is recommended that the Council
adopt a resolution authorizing execution of the agreement.
Mr. Parness added that over a year ago I.E.D.A. represented the City
in negotiations with the Fire Department and were successful in their
negotiations. They made a special dispensation on behalf of our City
at that time because in no other instance have they ever taken a par-
tial negotiating contract for a group of employees. They did this
because the City had a multi-year agreement with the other three
employee groups. At the time they agreed to assist the City there
was an inference of a moral obligation that the balance of contractura1
relationships would be under their negotiating guidance whenever they
became due. Because of the economic situation the City reopened and
changed the term of the three other contracts. They did not expire
this past June, as was originally intended, but rather provided for
variable expiration dates. The City staff feels it is to the City's
advantage to use this company and worth the net difference of $3,300
for the next fiscal year.
CM-30-455
October 14, 1975
(Report re Labor
Relations Contract)
CW TIRSELL MOVED TO PREPARE A RESOLUTION AUTHORIZING AN AGREEMENT
WITH I.E.D.A., SECONDED BY CM MILLER. MOTION PASSED UNANIMOUSLY.
The Council gave the City Manager permission to allow I.E.D.A. to
act on the City's behalf with adoption of the resolution at the
next regular meeting.
REPORT RE ATTIC
FAN INSPECTIONS
An ordinance was recently enacted requiring the installation of
attic fans for homes with central air conditioning, prior to the
sale of the home. At present a $25 fee is charged for inspection
of attic fans, $5 of which is attributable to office work and per-
mit processing.
Mr. Street has suggested that in light of the number of complaints
received concerning this fee it is recommended that Ordinance 848
be amended to read as follows:
Section 6.53
"When inspection is required a fee of 4:weft~y ten dollars ($i!9T99)
($lO.OO), to cover the cost of initial inspection and one rein-
spection, shall be payable to the City of Livermore at the time
of application for a report of residential building record.
An additional fee of ten dollars ($10.00) shall be assessed for
for each additional reinspection required due to incomplete or
incorrect work."
Mr. Street stated that he would like to explain that there are two
fees involved. One is a $5 fee for a report of residential building
record and the other is an inspection fee which is presently $20
and recommended to be $10 which would amount to a total of $15.
CW TIRSELL MOVED TO DIRECT THE STAFF TO PREPARE THE NECESSARY AMEND-
MENTS TO THE ORDINANCE TO REFLECT THE ADJUSTMENT OF THE INSPECTION
FEE. MOTION SECONDED BY CM MILLER AND PASSED BY UNANIMOUS VOTE.
CONSENT CALENDAR
Report from Library Board
re Extension of Library
Consultant Agreement
The Library Board has notified the City Council of a request from
the Library Consultant, to extend the time for performance of the
consulting agreement for two months. The Board has recommended
adoption of a motion authorizing a contract term extension to
December 31, 1975.
Res. Rejecting Claim
A resolution was adopted rejecting the claim of Judy Carol Lanum.
RESOLUTION NO. 217-75
RESOLUTION REJECTING THE CLAIM OF JUDY CAROL LANUM
CM-30-456
October 14, 1975
Payroll & Claims
There were two progress payment claims in the amount of $223,738.71,
dated October 9, 1975 and approved by the Director of Finance.
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM MILLER, SECONDED BY CW TIRSELL AND BY UNANIMOUS
VOTE, THE CONSENT CALENDAR WAS APPROVED.
MATTERS INITIATED
BY THE STAFF
(County Approval of
Reclamation Plan for
Stanley Blvd. Quarry)
Mr. Musso reported that the County Planning Commission today recommended
approval of the reclamation plan for the E. Stanley Boulevard Quarry
which will be before the Board of Supervisors where the City will
have another chance to testify. The plan was recommended, for the
most part, as it was presented with the exception a reduction in the
performance bond and another minor matter.
(Gen. Plan Consultant
Meeting Scheduled)
Mr. Musso stated that Grunwald-Crawford is ready to meet again with
the Council and asked that they select a date. It was concluded
that the Council will meet with the consultants at 6:00 p.m. on
Monday, November 3rd prior to the Council meeting.
(Request for Executive
Session after Meeting)
Mr. Parness requested that the Council meet in an executive session
after the meeting to discuss litigation.
MATTERS INITIATED
BY THE COUNCILMEMBERS
(Departmental Costs)
Cm Turner stated that in the past he has questioned the final year
end figures and costs for the various City departments and particularly
the Las positas Golf Course.
Mr. Parness commented that the report Cm Turner requested is being
prepared at this time.
em Turner requested that in addition, he would like a report on major
expenses in the way of capital improvements to the pro shop and the
restaurant that were not amortized. The report he has received does
not not reflect a true picture of the earning capacity of the golf
course and perhaps there could be an explanation of why the City
handled the matter as it did.
CM-30-457
October 14, 1975
(Decline in Number
of Highway Deaths
During Gas Shortage)
Cm Miller stated that he read an article in the newapaper about the
decline in the number of deaths related to highway accidents during
the gasoline shortage and during the time of less air pollution.
The point of the article was that even though the report was not
conclusive there is very strong evidence that there is a connection
between air pollution and deaths from respiratory diseases.
(Need for Hearing re
Solid Waste Management
Plan)
Cm Miller stated that even though the Council spent a great deal of
time discussing the Solid Waste Management Plan this evening it is
necessary to schedule a public hearing for the purpose of deciding
whether or not to support the plan. The public hearing should take
place the last meeting in October or the first meeting in November.
(Bike Path to Chabot)
Cm Miller stated that someone has suggested that there be prov~s~on
of a bike path to Chabot College because at present the road out
by the airport is very rough, narrow, and hazardous. Perhaps
the staff could prepare a brief report concerning this matter.
(Bay Area Council
Environmental Award)
Cm Miller stated that nominations for the Bay Area Council's Environ-
mental Award are being sought and it would seem appropriate to nomi-
nate ABAG for their action concerning Las positas and that the staff
to prepare an appropriate nomination. The Council concurred with
this recommendation.
(Truck Parking)
Cm Miller commented that there is a bill in the legislature about
not requiring a sign relative to parking of trucks and he would
suggest that this bill be supported by the Council.
(Mayors Conference -
Bottle Bills)
em Miller stated that according to the newspaper the Chairman
of the Mayors Conference was very rude to Mayor Futch when
Mayor Futch addressed them concerning bottle bills and Cm
Miller would like to attend the next Mayors Conference meeting
as a representative of the Solid Waste Management Plan Advisory
Committee, along with Mayor Futch who will be presenting backup
information.
Mayor Futch explained that he will not be able to attend the
next meeting and he has asked the City Manager to request that
the item be scheduled at another time. There was a request that
the cities support a local ordinance concerning beverages and
this was rejected. A second recommendation was made that cities
support a state ordinance. Mayor Futch asked if the Council would
like to back AB 2353 and urge support of it or to support a bill
that doesn't yet exist.
CM-30-458
October 14, 1975
(re Legislation Concerning
Bottle Bills)
Cm Miller stated that he believes the Council has recommended that
there be support of bills that do not presently exist but have been
introduced in the legislature regularly, having to do with bottle
bills, but there is no reason why we should not also ask for support
of AB 2353 because it is a good bill.
Mr. Parness stated that he has been in contact with the League staff
in Sacramento who have informed him that there are two bills now
residing somewhat dormant but are expected to be reactivated after
the first of the year. They are not specifically about recycled
bottles but they could be made to include the recycled bottles with
an amendment. Mr. Parness has requested that the League staff send
these for referral to the Council.
(Solid Waste Manage-
ment Discussion)
Mayor Futch commented that there was a discussion concerning Solid
Waste Management that went on for an hour and there was nothing in
the agenda that he is familiar with. There are a lot of facts that
have to be absorbed with arguments and points concerning the argu-
ments and this is very difficult to follow without having had back-
ground material.
Cw Tirsell stated that she believes the next discussion will be more
focused because the Council will have the plan to review and the
amendment to it.
Cm Miller stated that he did not expect the discussion to be lengthy
and didn't expect the outcome ultimatley obtained because he thought
the Council had generally agreed earlier that long-term contracts
were a problem in view of the circumstances. He added that he is
sorry the discussion was lengthy because if he had known he would
have requested that it be scheduled at a different meeting.
(Saturday Night
Cruising)
Cm Miller stated that everyone is aware of the fact that there was a
very large number of people out cruising Saturday night at a substan-
tial expenditure of City money. A report from the Police Department
indicates that the advertised cruising night cost the City $1,800,
there were a lot of arrests, and approximately 5,000 teenagers were
cruising in Livermore that night. The overwhelming majority of those
teenagers, young adults, extra costs and the whole cruising situation
is a result of irresponsibility on the part of the Valley Times and
the Herald newspapers.
Cm Miller stated it is his understanding that the Chief of Police
asked that the newspapers not circularize something that otherwise
would have gone unnoticed, and received zero cooperation from these
two newspapers which lead to a great expense to the rest of the City
because of a lack of ability to respond to citizens' request for
police service since all policemen were downtown shuffling teenagers.
em Miller felt the cost to the taxpayers due to this kind of irrespon-
sibility on the part of the local newspapers could very well be billed
to the Herald and Times and he would suggest that this be placed on the
agenda for discussion.
Cm Turner stated that he was hoping em Miller wouldn't mention this
until the information concerning the local newspapers has been sub-
stantiated.
CM-30-459
October 14, 1975
(Cruising)
Cm Miller stated that he would like the Chief of Police to provide
a supplement to his report and what he requested of the local news-
papers. Regardless of whether or not the Chief of Police went to
the newspaper companies, the articles printed by them were irres-
ponsible.
Cm Turner stated that he has indicated to the Mayor that he would
hope the Council would pursue this matter because it is very
critical to the future of Livermore in police service.
Mr. Parness stated that as a concerned parent of teenagers who
were involved in the mess, he would feel that it would be appro-
priate to invite the parents of the teenagers who were the genesis
of this to attend the Council meeting. The parents and teenagers
were spoken to by the Police Department but Mr. Parness feels they
should be made aware of the results.
Cm Miller stated that if the citizenry understood the results
and the deprivation of police services during this time, those
teenagers would take a lot of flack and maybe it would be appro-
priate response to the Herald and Valley Times.
The item will be discussed at the next Council meeting.
(Request for Adjourn-
ment of Council Meeting)
AND
DISCUSSION RE COMMUNICA-
TION FROM REG. WATER. QUAL.
CONTROL BOARD - GRANTS FOR
WASTEWATER TREATMENT FACILITIES
Cm Staley stated that since it is after midnight he would like to
request that the Council continue the remainder of the agenda and
adjourn the Council meeting, as the Council has been discussing
items for four hours. He stated that he is particularly interested
in continuing the communication from the California Regional Water
Quality Control Board.
Mr. Lee indicated that the item should not be lengthy and that there
is a problem of time involved. The Regional Board provided the City
with a letter that has been included in the agenda and gave the City
until October 24th to make a submittal of projects the City might
want on the 1976-77 priority list. The Council has approved a 1 MGD
expansion and the time is just right to add to our reclamation plant.
He explained that this does not commit the City to anything and per-
haps the Council would allow the inclusion of expansion of the recla-
mation plant. Mr. Lee then illustrated the area proposed for acquisi-
tion for purposes of adding to our present irrigation system. This
could be done at minimum cost to the City and he believes there is a
good chance to get support from the Regional Board and the State Board
because the reclamation plan is well established and protects land and
open space.
Mayor Futch asked why Mr. Lee would want to irrigate this land
and Mr. Lee stated that this is a method by which effluent can be
disposed and in keeping with the Regional Board and State Board's
desire to use effluent. It is consistent with their participation
in the reservoir and a transmission line to improve our facilities.
Mayor Futch stated that this is not consistent with everything the
City is told by the Health Department about land disposal and
stable organics going underground.
CM-30-460
I
October 14, 1975
(Water Treatment Facility)
Mr. Lee explained that most of this is used by the plants or evap-
orates and this would add to the amount of revenue we get from
our crops.
Mayor Futch stated that there are chemicals in the effluent and
eventually they will build up.
Cm Turner stated that if this is allowed to be included in the applica-
tion, the question would be, "are we approving anything?".
Mr. Lee and Mr. Parness indicated that this would not be giving approval.
em Turner stated that he doesn't want to get involved in another long
discussion without any facts available but he would be willing to go
along with the application process as long as the Council is not
approving anything.
Mr. Parness stated that even if this item is made an adjunct to
the application for a capacity grant it can be deleted later if the
Council so desires.
Cw Tirsell commented, prior to the vote, that this does not mean
she would vote in favor of including this on a formal application.
Mr. Lee stated that this is understood.
Cm Miller stated that he would like to comment for the benefit of
the record, that he would be willing to vote for the motion in order
to keep our options open but generally the concept of land disposal
is "going out of style" and leaving an option open is not a commitment
ultimately to do anything.
CM TURNER MOVED THAT THE COUNCIL GIVE MR. LEE PERMISSION TO INCLUDE
EXPANSION OF THE WATER RECLAMATION PLANT WITH THE APPLICATION FOR
A 1 MGD SEWER EXPANSION, SECONDED BY CW TIRSELL. MOTION PASSED 4-1
(Mayor Futch dissenting) .
ORDINANCES CONTINUED
ON MOTION OF CW TIRSELL, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE, THE ORDINANCES LISTED IN THE AGENDA WERE CONTINUED.
ADJOURNMENT
Mayor Futch adjourned the meeting at 12:15 a.m. to an executive
session to discuss litigation.
APPROVE
/Jc6~ J'Zc Z-~
Mayor
ATTEST
CM-30-46l
Regular Meeting of October 27, 1975
A regular meeting of the City Council of the City of Livermore was
held on October 27, 1975, in the Municipal Court Chambers, 39 South
Livermore Avenue. The meeting was called to order at 8:10 p.m. with
Mayor Futch presiding.
ROLL CALL
Present: Cm Turner, Staley, Miller, Cw Tirsell and Mayor Futch
Absent: None
PLEDGE OF ALLEGIANCE
Mayor Futch led the Councilmembers as well as those present in the
audience, in the Pledge of Allegiance.
MINUTES
Oct. 6, and Oct l4, 1975
Page 445, 4th paragraph from the bottom, second line should read:
pOlicy on development where the jobs are (delete rather) as well as
land use policy...etc.
Page 447, 3rd line from the top should
and 2) a private..." and in line 5 the
deleted and the sentence should read:
station could be very profitable..."
line.
read: hills
second "it"
" . . .but the
Omit "2)" in
of A1tamont
should be
transfer
the seventh
Page 45l, last paragraph, first line should read: Cm Miller stated
that landfill could hinder (delete enter) resource recovery and this
...etc.
Page 42l, 3rd paragraph from the bottom, line 8, delete the word "at"
after the word "levels".
Page 428, middle of page, paragraph beginning Cw Tirsell, last
line should read: the City Attorney has given his advice on this
matter to the Council.
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE,
THE MINUTES FOR THE MEETINGS OF OCTOBER 6, AND OCTOBER 14, WERE
APPROVED, AS CORRECTED.
OPEN FORUM
(State Law re Trailers)
Mr. Leonard, 1892 Montecito Circle, read portions of the state law
concerning trailers, mobilehomes, etc., and commented that he feels
some of the law is unfair and other parts of the law are fair and he
would like to discuss this item with the Council. He stated that
owners of mobilehomes appreciate the fact that the staff is making
inspections of mobilehomes; however, it would seem that the law for
travel trailers is being used. One is allowed to park a motorized
vehicle on his lot (camper/trailer or self-propelled motor home)
but not a travel trailer.
Mayor Futch commented that before the Council responds, perhaps
Mr. Street should explain how the law reads.
Mr. Street stated that the law provides that only one vehicle can
be parked on the mobilehome lot except for self-propelled motorhomes
and campers. The staff checked with the state as to the interpreta-
tion of this because they promulgate the regulations and the City en-
forces them. Their interpretation was the same as the City's. Only
one vehicle which is not self-propelled is allowed on a mobi1ehome lot,
and the one vehicle would be the mobilehome itself.
CI-1-3l-l
October 27, 1975
(State Law re Trailers)
Mayor Futch suggested that if Mr. Leonard has a complaint about the
equity of the law that he contact the people from the state because
this is not a City law - it is only a state law the City is enforcing.
Mr. Street explained that the people from the state noted that the
law was written to prohibit travel trailers on the mobilehome lots
because often they are used as sleeping quarters and they are not
easily removed. They limit parking on the mobilehome lot to self-
propelled vehicles.
Cw Tirsell suggested that the delineation between self-propelled ve-
hicles and a car be available to the Council because this will probably
be a problem that will affect others also.
Cm Miller stated that from what Mr. Street has said, the City is
enforcing the law as the state intends it and as the Mayor has said
anyone who doesn't agree with the law or feels it is unfair should
take the matter up with the state. The best way to start with a
problem would be to contact Assemblyman Floyd Mori or Senator John
Holmdahl to ask if their office would support state legislation to
change the law. It is not within the Council's ability to change
the law.
Mayor Futch stated that the City would be happy to write a letter
to our representatives explaining which law is causing problems if
this would be of any help to Mr. Leonard.
Mr. Leonard stated that he would appreciate any assistance the City
might be able to give because there are 15-20 people in the mobilehome
park who are affected by the law.
The staff was directed to contact Floyd Mori concerning this item.
Mr. Musso commented that there should be a check of the lot against
the approved plot plan because people were supposed to have had
extra parking in the park for this type of use. He commented that
he will check into this aspect.
COMMUNICATION RE APPTS.
TO SOCIAL CONCERNS COMM.
A letter was received from Quintin A. Ramil expressing dissatisfac-
tion about the selection of members for the Social Concerns Committee.
CW TIRSELL MOVED TO NQTE AND FILE THE COMMUNICATION AND ASK THE STAFF
TO WRITE TO MR. RAMIL EXPLAINING THE INTENTION OF THE COUNCIL IN
APPOINTING ALTERNATES, WHICH IS TO INSURE THAT THE COMMITTEE WILL
ALWAYS HAVE A WORKING MAJORITY.
CW Tirsell explained that there are a number of people who have
been selected as alternates who could not serve full-time on the
Committee and these people are happy with the arrangement. The
Committee is so new that she would hesitate to alter the makeup
of the Committee and perhaps the intent could be explained to
Mr. Ramil and that the Council has tried to balance senior citizens
with the youth, minorities, etc.
MOTION AMENDED TO INCLUDE A COPY TO THE FILIPINO-AMERICAN ORGANIZATION,
MOTION SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE.
It should be noted that a letter was received from The Filipino-
American Organization of the Livermore-Amador Valley, recommending
that Mr. Ramil be appointed to the Social Concerns Committee and
that the letter arrived after the agenda packet had been distributed
to the Council.
CM-3l-2
October 27, 1975
CO~MUNICATION RE RESIG-
NATION FROM COMMUNITY
AFFAIRS CO~1ITTEE
A letter was received from the Community Affairs Committee informing
the Council of the resignations of Carol Brown, Bill Archer, and
Ernie Adams.
Cw Tirsell commented that the Council should meet in an executive
session after the meeting to discuss appointments to this committee.
COMMUNICATION FROM LAVWMA
RE FINANCIAL STATEMENT
The financial statement for LA~~ was noted for filing ON MOTION
OF CM STALEY, SECONDED BY CW TIRSELL AND BY UNANIMOUS VOTE.
RES. FROM LAVWMA RE INTEN-
TION TO WORK WITH ZONE 7
ON l~R QUAL. MGMENT PLANN-
ING FOR ALAMEDA CREEK
ON MOTION OF CW TIRSELL, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE
THE RESOLUTION FROM LAVWMA RE INTENTION TO WORK WITH ZONE 7 ON THE
WATER QUALITY MANAGEMENT PLANNING FOR ALAMEDA CREEK WATERSHED ABOVE
NILES, WAS NOTED FOR FILING.
COMMUNICATION RE APPT.
OF HERB STREET TO BOARD
OF DIRECTORS - ICBO
A communication was received from the International Conference of
Building Officials concerning the appointment of Herb Street, Chief
Building Inspector, to the Board of Directors.
Mayor Futch expressed congratulations to Mr. Street for his appoint-
ment.
CW TIRSELL MOVED THAT A SPECIAL COMMENDATION BE PREPARED FOR PRESENTA-
TION BY THE MAYOR FOR SUCH HIGH ACHIEVEMENT IN THE PROFESSIONAL FIELD,
OF ONE OF OUR STAFF. MOTION SECONDED BY CM TURNER AND PASSED BY
UNANIMOUS VOTE.
REPORT RE SPRINGTOt~
POND PUMP & PARK BENCHES
Councilman Turner has inquired about the possibility of operating a
water fountain at the Springtown pond as well as the addition of
two more benches.
The staff has reported that the existing fountain would be very costly
to operate but a small fountain could be installed with minimum effort
and would be a great asset to the appearance of the area. Two addi-
tional benches could be located at the pond area for approximately
$270. Subject to Council approval, the fountain and two benches
will be installed.
em Staley stated that he would like to know what the operational
cost for the small fountain would be and Mr. Lee indicated that he
did not do a study on this but could present this information if
Cm Staley would like. Cm Staley noted that he is just curious and
would not ask for a report on the cost.
Cm Turner noted that a pump with 50 horsepower costs $l/hour to
operate and the small pump recommended would be 2-3 horsepower
or approximately 2~/hour.
CM-3l-3
October 27, 1975
(Report re Springtown
Pond Pump & Park Benches)
CM TURNER MOVED TO APPROVE THE EXPENDITURE FOR THE TWO BENCHES
AND THE SMALL FOUNTAIN, SECONDED BY CW TIRSELL AND PASSED BY
UNANIMOUS VOTE.
REPORT RE ASSESSED
VALUE VARIANCES
Mr. Nolan, the Finance Director, reported that a letter has
been received from the State Board of Equalization in reply to
our inquiry expressing concern of the Council over certain ele-
ments of the 1975-76 Public Utility Roll valuation which de-
creased from the previous year, in contrast to four previous
consecutive annual increases. The decrease in land values on
the public utility roll is explained by the state as resulting
from a transfer to the locally assessed secured roll. Since
the increase we realized in land values on the local roll is
slightly less than the amount the state says was transferred, we
may be seeing the net of factors for which an explanation is needed,
as land values are normally expected to increase with inflation.
It is recommended that the Council authorize the staff to request
a review of the Alameda County Assessor's appraisal procedures as
applied to secured property in our commercial districts and to the
unsecured property roll which has shown wide variations in recent
years.
CM MILLER MOVED THAT THE COUNCIL AUTHORIZE THE STAFF TO l) REQUEST
A REVIEW, AND 2) THAT THE COUNCIL DIRECT A COpy OF OUR CORRESPON-
DENCE TO THE GRAND JURY. MOTION SECONDED BY CM TURNER FOR DIS-
CUSSION PURPOSES.
Cm Miller noted that a couple of years ago the Council wrote to
the Grand Jury concerning assessment practices in commercial
areas in Livermore and that they should again be notified.
Mayor Futch stated that he would agree with the first part of
the motion but isn't sure about the second.
Cm Miller stated that there is a second aspect of this which is
not on the agenda. About two months ago the City Manager informed
the Council that there were some unusual changes in the assessed
valuation of various downtown parcels where they were assessed at
lower values last year than the year before. This does not make
sense and it means that somebody is not paying their fair share
of property taxes and the rest of the taxpayers have to pick up
the tab. He would like to request that the City Manager provide
a formal report with details for the Council's review and if there
are more unusual happenings reported Cm Miller would request that
the information be sent to the Grand Jury.
Mayor Futch suggested that if there is going to be additional infor-
mation, perhaps it would be best to wait to submit the information
to the Grand Jury, after everything has been reviewed.
Cw Turner stated that he would prefer to wait in sending correspon-
dence to the Grand Jury until after the County Assessor's office
has had a chance to explain their assessment practices. If, after
hearing their explanation the Council feels the Grand Jury should
be notified, then he would be in favor of sending material to them.
Cm Staley stated that he would agree with Cm Turner and the Mayor
for the following reason: The assessor fixes the value as of March 1,
each year, and it is very possible that the transfer in question, for
tax planning purposes, took place after that date. In that case there
would have been nothing wrong with the assessments. However, if the
report indicates that there are some unexplained disparities, then
he would be willing to support the motion.
CM-3l-4
October 27, 1975
(Report re Assessed
Value Variances)
Cm Miller stated that since the state is looking at money that was
transferred, this is money that was transferred prior to March 1,
and this is the reason it did not show up on the state utility roll.
This means that the transfer should have taken place prior to March 1
of this fiscal year and the assessor should have had it this year. It
isn't possible that it took place after March l, because the state has
the same March 1 operating rules as the assessor.
Secondly, March 1st is when changes take place and the 1st of March is
approaching very rapidly. If the assessor picks and chooses who he
intends to reassess or not to reassess or how he intends to respond,
this should be cleared up before March lst or it means that the
City will have to wait another year and someone will get a free
ride on the tax roll. Anything the City can do to hasten the response
of the tax assessor would be valuable.
CW TIRSELL MOVED TO AMEND THE MOTION TO DELETE THE SECOND PORTION
OF THE MOTION, SECONDED BY CM TURNER AND PASSED 4-1 (Cm Miller
dissenting) .
CW TIRSELL MOVED TO AMEND THE MOTION TO INCLUDE THAT THIS ITEM BE
SCHEDULED FOR THE AGENDA IN ONE MONTH FOR DISCUSSION OF THE ASSESSOR'S
RESPONSE. MOTION SECONDED BY CM STALEY AND PASSED 4-l (Cm Miller
dissenting) .
MAIN MOTION PASSED BY UNANIMOUS VOTE.
CM MILLER MOVED TO DIRECT THE STAFF TO PREPARE THE REPORT CONCERNING
OTHER COMMERCIAL PROPERTIES IN THE CITY, TO BE RETURNED TO THE COUNCIL
WITHIN THE NEXT 2-3 WEEKS. MOTION SECONDED BY CM STALEY AND PASSED
BY UNANIMOUS VOTE.
REPORT FROM P.C. RE
LOW COST HOUSING RE
CN ZONING
The Planning Commission report indicated that in consideration of
the proposal by the Council to require development of low-cost
housing as a condition to CN Zoning, it would appear there is no
legal way to require this type of housing as a condition to CN Zoning.
Cm Miller stated that the issue spoken to by the City Attorney's office
was the requirement for the dedication of land or a fee as part of the
concept. The original suggestion, as Cm Miller recalls, was that low-
income housing be a portion of the shopping area and this is not quite
what was spoken of in the report from the City Attorney's office. Per-
haps the construction of residential with some type of review from our
Housing Authority could fall into a different category. This would
not necessarily be dedication to the public, and this is the point.
There could be the requirement that there be low-income housing asso-
ciated with the shopping center not necessarily dedicated to the
public.
Cm Miller would like the City Attorney to indicate whether required
development would be subject to the same objections as noted in the
report.
Mr. Musso stated that he would ask the Planning Commission about this
because they will have continued discussion concerning this item.
REPORT RE PRELIM. APP.
- WATER QUAL. CONTROL
BD. PLANT ENLARGEMENT
The Council authorized preparation of a preliminary application for
the water reclamation plant enlargement grant to be filed by Oct. 24.
CH-31-5
October 27, 1975
(Report re Prelim. App.
Water Plan~ Enlargemt)
Mr. Lee reported that the application to be placed on the 1976-77
priority list has been placed in the agenda for the Council's
information and was prepared as directed by the Council.
Mayor Futch stated that last summer the staff went to Sacramento
to make inquiries concerning this grant. Following the visit the
staff was asked to look into the matter of additional mitigating
measures that will probably be imposed and the staff was to report
back to the Council. Mayor Futch asked if Mr. Lee could give a
timetable concerning information the Council has requested.
Mr. Lee stated that he will try to have this information available
to the Council in a couple of weeks.
Mayor Futch commented that some of the members of the Council may
wish to make a trip to Sacramento in January to combine a number of
reasons for the trip, including lobbying for BART, as well as dis-
cussing this issue with the Water Resources Control Board and the
Air Resources Board. The Council would like to have the informa-
tion available by this time.
Cw Tirsell mentioned that on Page 4 of the mitigating measures,
the first paragraph has a reservation and the Council has not
yet adopted that. The ordinance will come back to the Council
for adoption and if the letter is being sent now the statement is
not correct. The numbers at this time are not at all certain.
The current use of the expansion is 45% low-income, 45% indus-
trial/commercial, and lO% residential. Cw Tirsell felt the
reservation might make a great deal of difference in whether or
not the reservation of capacity will count as a mitigating measure
is using one percentage over another and felt that a significant
quantity might be reserved but the numbers have not been decided.
Cw Tirsell also pointed out that in the application, denitrification
is mentioned and would like to know why the City can't dump down the
Alameda Creek if we denitrify.
Mr. Lee explained that chlorides would probably be a problem because
none of the processes we presently have or propose would remove any
of the chlorides. As the Council may recall VCSD has a restriction
on the number of pounds of chlorides that can be disposed.
Cw Tirsell stated that it is a $2 million process, to denit~
and it is a very expensive addition. She stated that she is^sure
it is worthwhile sat is ~~~~iR~ ~Ria if it will be shipped
down the LAVWMA pipeline. .~_
Mr. Lee stated that this is a matter that was discussed in pre-
paring the application and these factors may very well determine
what is included in the expansion. However, since this is a pre-
liminary application it was felt this should be included.
Mr. Lee indicated that the application has already been sent but
if the Council wishes he can make a modification to this wording.
Mayor Futch stated that there will have to be a lot of negotia-
tions and he really doesn't feel strongly about it.
Cm Turner and Staley noted that they had also noticed this point
and feel that this might be a potential problem but no suggestions
as to what should be done at this time.
Cm Miller stated that he likes it the way it is and feels that our
negotiating position with the state with respect to mitigation would
look better when the City begins, if it is left the way it is written.
CM-3l-6
October 27, 1975
(Report re Prelim. App.
Water Plant Enlargemt)
Cw Tirsell stated that there isn't much that can be done if the letter
has already been sent; however, at the time the ordinance is adopted
she will request at that time that a clarification be Made.
REPORT RE BART
EXPRESS SERVICE
Mayor Futch commented that he requested that the City Manager prepare
con~ents concerning the items discussed at the meetings regarding the
BART express service and possible discontinuance of this service, with
representatives from Livermore, Pleasanton, Antioch, Pittsburg, VCSD,
and Contra Costa County Public Works. The City of Livermore initiated
these meetings and at this time there have been two meetings with the
cities who share the same concerns. It has been decided that it is
necessary to lobby with various representatives and people instrumental
in getting legislation passed. There will be another meeting in Janu-
ary. Also in attendance were Senator John Nejedly, Supervisor John D.
Murphy, BART Directors Nello Bianco and Robert Allen and BART staff
member Ray Ceder.
Cm Staley stated that at present the City has an informal committee
composed of Mayor Futch, Cm Turner and the City Manager, who have
been working on the item and he believes the Council should formalize
the committee structure on transportation because he is very concerned
about this BART problem in terms of not receiving the attention it
needs. He stated that he does not mean to imply that it has not re-
ceived the attention it deserves but he would like to make sure it
continues to receive the needed attention and would suggest considera-
tion of a formal subcommittee either on regional transportation or on
BART specifically.
Cm Turner stated that this would be satisfactory with him but would
like to point out that he and Mayor Futch feel they are pledged to
fight the battle with BART because this is exactly what it will be -
a battle. BART directors are spending money but they are not spending
it on Livermore and it would appear they have no intention of spending
it on Livermore.
Cm Staley stated that in speaking with representatives from the other
concerned cities, they all feel about the same and it would seem that
if Livermore would formalize a committee and the other cities would do
the same, there might be a better chance for successful lobbying.
Mayor Futch stated that he would like to present this suggestion at
the next meeting to obtain an expression of opinions from the other
cities.
Cm Staley stated that it is also it might be worthwhile to ask that
the East Bay Division of the League of Cities be concerned about this
because many of the smaller towns are involved. The more information
and discussion available with respect to BART's responsibility to pro-
vide transportation to this Valley and the outlying regions of Contra
Costa County, the more likely it is that we will have success.
Cw Tirsell stated that COVA has planned a meeting for September at
which time they will discuss intra-community bus service. BART and
the School Districts have been invited to attend to discuss existing
bus routes and the second part will be discussion about contracting
with AC Transit. A member of the BART staff will be in attendance
and perhaps the Council would be interested in attending this meeting.
CM-3l-7
October 27, 1975
REPORT RE GOLF
COURSE FINANCE REPORT
Cm Turner has requested that a report be prepared concerning an
analysis of the revenue and expenditure experience at Las positas
Golf Course over the last fiscal year. The report has been dis-
tributed to the Council.
Mr. Lee reported that he has nothing to add to the written report
submitted to the Council.
Cm Turner stated that he still doesn't agree with the policies
followed by the City but has no real reason to insist that the
City amortize the costs. It would just look a lot better as far
as the golf courses go, to have the costs amortized over a number
of years.
Cw Tirsell stated that she cannot understand how a fiscal year can
start with January. The discussion did not agree with the graphs.
Mr. Lee apologized and noted that he is sure this is a typing error
and that January should have been July, because the large volume
begins in July and tapers off towards the middle of winter.
REPORT RE FIRST ST.
CRUISING EVENT - OCT. 11
Mayor Futch stated that Cm Miller requested that the item concern-
ing the First Street cruising incident which took place on October
llth be scheduled for discussion by the Council in addition to a
report from the Chief of Police concerning the history of the pub-
licity leading up to the night of cruising.
Briefly, the report from the Chief of Police states that the pub-
licity was initiated by a small group of students attending Liver-
more High School who had flyers printed and distributed at the
Livermore-Oakdale High School football game. The item attracted
the attention of the local newspapers in the Valley and then spread
to several newspapers outside of the Valley and in addition, some
of the radio stations.
The Police Chief acted properly in expressing his concerns to the
newspapers and did not attempt to supress or prevent the information
from being printed.
Mayor Futch stated that while he might agree the newspapers used poor
judgment, in this case, it is clear that the press is under no obliga-
tion to supress news that might harm an individual community or even
the nation. Furthermore, they are under no legal obligation to be
fair or honest. For these reasons he would feel there would be
little grounds for trying to bill either of the local newspapers
for the cost of the extra police power, and would suggest that the
Council dismiss this item. ~,~~~
~~~~~
Cm Miller stated that it has been his suggestion to bill ~h0 ~~iO
local newspapers; however he has learned that all the newspapers
printed stories about the cruising event prior to the night it
was to take place and he feels it would only be fair to bill all
the newspapers. He stated that he finds it very interesting that
people are sensitive about criticism of newspapers but he feels
it was irresponsible reporting on the part of the newspapers which
resulted in a cost of $1,800 to the City in addition to the loss of
police protection for the rest of Livermore. The teenagers who
started this by distributing flyers made every effort to minimize
publicity after the Police Department had informed them of the
problems, in contrast to the Herald and the Times who inflated
the story.
CM-3l-8
October 27, 1975
(Report re Oct. 11
First St. Cruising)
Cm Miller added that the Police Department pointed out that the
majority of the cruisers came from out-of-town and the overwhelming
majority had never seen the flyer. The cruisers heard of the night
of cruising from the newspapers, radio and T.V. Dispite disclaimers
by the newspapers, this story was promoted outside the Valley by the
Herald, Tribune and possibly the Times. He added that in his opinion
this is not a "freedom of the press" issue nor an attempt to suppress
the news issue. The real issue is discretion and the responsibility
of the newspaper editors. Newspapers do not print everything - they
select everything. He would agree that no public official has the
right to tell a newspapers what to print and the Police Chief did
not demand that the stories be killed but asked for reasonable dis-
cretion as to when the story should be printed and where. The cost
and loss of police protection to the citizens, due to the cruising,
is primarily,a consequence of widespread publicity from the local
i-- tJnewspapers ~outside connections. The newspapers could have acted
'~l,},responsibly but they did not and in his opinion they are morally,
\~~ but,not legally, obligated to re~ay the taxpayers the $1,800, and he
" bel~eves most of the people of L~vermore would agree.
David Castro, Chestnut Street, stated that Livermore got so much
publicity that it is unfortunate the plan didn't include getting
money to pay for the Police Department - we need a money raiser in
this town and the teenagers attracted everyone from out-of-town free.
Robert Freis, 1322 Balboa Way, stated that he would disagree with
what Cm Miller has said and that he believes this is an issue of
freedom of the press and violation of the first amendment. What
Cm Miller has suggested would be contrary to those things, not only
in spirit but to the letter of them, and would be setting a dangerous
precedent if it were successful. With respect to responsible editor-
ials and editorial policies, the crux of this is that as the situation
now stands each newspaper and editor has the right to choose what he
wants to suppress and this is what freedom of the press is all about.
There should be no threat of economic penalty if the editor makes the
wrong choice and the choice happens to incur extra public expenses.
At this particular time he is sensitive to this issue because at
the national level legislation is being considered that many people
view as a dangerous threat to freedom of the press and other liberties.
For this City to talk about billing the newspapers would seem to be
especially dangerous because it would tend to support this type of
legislation.
Mayor Futch commented that the views expressed by Cm Miller do not
necessarily reflect the views of the majority of the Council.
Cm Miller stated that he would agree with Mr. Freis about SB 1. This
is a very dangerous bill and matters pertaining to possible threat
to freedom of the press are important but somehow reporting on cruising
with respect to timing and the size of the article is hardly a matter of
political supression. Cm Miller added that he is also concerned about
freedom of the press but believes that in this case freedom of the press
is not the issue.
Cw Tirsell stated that she also shares the concern over the cost of
this incident; however she believes that it is a first amendment
issue and while we might hope the newspapers would have a "public
conscience" we know that it is not always the case. Their freedom
is to print all the news that is fit to print and in the balance we
would probably find that this very freedom works for America. She
cited the example of the reporters who "blew the lid off Watergate"
because a courageous editor saw to it that the reporters were allowed
to pursue their story.
Cm Staley stated that in addition to freedom of the press involved
in this issue there is also the freedom of choice. Newspapers pub-
lished this as a news story but even so, people decided individually
to come to Livermore to cruise. The newspapers' responsibility to
CM-3l-9
October 27, 1975
(Report re Oct. llth
First St. Cruising)
make known public gatherings is reasonable. While this particular
event cost the City extra money it is the responsibility of the
newspapers to make known general news in the community and it would
be defensible to say that this was general news in the community.
It was not just because the newspapers printed the item, that 5,000
teenagers were cruising in Livermore and that there was a cost of
$1,800.
Cm Turner stated that his initial reaction upon reading the headlines
in the local newspaper was that, "is there really a need to know in
this story to blow it up into headlines". He was disappointed in
the newspapers who printed the story because Livermore has a very
limited police force and in his opinion a responsible person would
certainly have known that much of our police force would have to
be committed to the cruising event if it attracted a number of
people. Also, many calls to the Police Department by the other
Livermore citizens probably went unanswered because it was neces-
sary for all the policemen to be downtown observing the cruising.
He stated that he is really disappointed with our local editor
because the other citizens of Livermore were not taken into con-
sideration when the editor elected to print this as a front page
story and is an example of very poor judgment.
John Edmands, editor of the Valley Times, stated that he agrees with
Cm Miller in that this is not an issue involving freedom of the press
nor is it an economic issue. He stated that he is disturbed that when
the newspapers are publicizing an event involving young people, there
is a presumption of danger or that a large force of policemen is neces-
sary and that there will be damage. At what point do we decide this
presumption is made. We get into the area of censoring news before
the fact, because a presumption is made that people intending to
gather will do bad things. Annually the County Fair and the Liver-
more Rodeo attract large numbers of people and require a large
commitment of our police force, etc. and he would like to know
how this differs from a publicized event consisting of young people.
Should we say that because young people are involved there should
be no publication? This is somewhat a matter of the right or
freedom of assemlby. The Valley Times carried only one article
and included in the article was the notation that a large number
of young people were anticipated and that the Chief of Police
intended to assemble a large force because of the anticipated
gathering. Extra police are required for a number of events
including street dances, fairs; rodeos and even art shows. Who
decides which gatherings should not be promoted or publicized?
In his opinion the nature of the assembly was the catalyst of
fear in this case, and the nature of it was that young people
were going to gather. We make the assumption that if there is
to be an "old car" rally the people are older and there would not
be the exposure to danger. This is something everyone should con-
sider - because it was young people we make the presumption there
was a danger.
~.;;ra1t Hecox, editor of the Valley Times, stated that he made the de-
cision to publish the story about the cruise and has no apologies
for it. em Miller knows that he does not agree with what he has
said and that Mr. Hecox's prime concern is freedom of the press.
In this case it was a matter of judgment. Mr. Hecox told the
Chief of Police that he could not suppress the story and Chief
Lindgren indicated that he wouldn't ask that the story be suppressed
but would request that it not receive a large headline. The article
appeared at the bottom of the page and it was felt that it was in
keeping with the subject. The intent of the article was to inform
people that First Street in Livermore would be busy on the night
of October 11th, without causing alarm. If he had to do it again
he might do it exactly the same way. He stated that this issue
should never have come up and that this is a matter of freedom of
the press and the freedom of the press is one of the greatest
defenders of the freedoms of this Country.
CM-3l-l0
October 27, 1975
(Report re Oct. 11th
First St. Cruising)
Mario Pedrozzi, 217 North "N", stated that he is appalled with the
press and the City Council for not doing anything about the situa-
tion on First Street, not only on October 11th, but every Friday and
Saturday night. He has been seeing this for nearly a year. Laws are
disobeyed and deliberately broken and nothing is being done because
there are not enough policemen in town to do the work. He stated
that the October 11th event was not due to advertising but rather
an escalation of something that exists every weekend on First Street.
He would like to know if First Street is a highway or a playground for
the children, and would urge that something be done about the situation
downtown between 9:00 p.m. and 1:00 a.m. on weekends.
Cm Hiller stated that he agrees with Cm Staley that it is hard to draw
a direct connection, in the legal sense, for making newspapers finan-
cially responsible. Despite the arguments presented by Mr. Hecox and
others, he feels there is a moral responsibility. Secondly, in res-
ponse to Mr. Edmands, it is certainly not just kids that people raise
questions about - adults create problems too. Cm Miller's objection
is not to freedom of the press or to cruising but rather the fact
that large numbers of people during cruising time have led to vandal-
ism all up and down First Street, as pointed out by Mr. Pedrozzi.
The rodeo has an equal problem and the street dance during the rodeo
time, with the assembly of both adults and teenagers, was a disaster
for everybody and a street dance will not be allowed again because
it is known in advance that this type of assembly leads to trouble.
He agrees with what Mr. Hecox has said about freedom of the press
but this whole issue is a matter of descretion and responsibility.
RECESS
Mayor Futch called for a five minute recess, after which the Council
meeting resumed with all members of the Council present.
REPORT FROM P.C. RE
POSSIBLE AMEND. TO LAND
USE ELEMENT - GEN PLAN
ON MOTION OF CM TURNER, SECONDED BY CM TIRSELL AND BY UNANIMOUS VOTE,
A PUBLIC HEARING WAS SET FOR NOVEMBER 10th TO DISCUSS POSSIBLE AMEND-
MENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN.
REPORT RE BEAUTIFICATION
COMM. RECOMMENDATIONS -
VARIOUS ITEMS
The Beautification Committee submitted a written report containing
recommendations for curbside mail boxes, the placement of an addi-
tional kiosk at Second and Third Streets, that a study be done on
making Second and Third Streets one-way, and that if a lease/purchase
option cannot be agreed on with Exxon for the site at Murrieta and
Portola, that only minimum improvement be done at that site.
Cw Tirsell suggested that the item concerning the kiosk be referred
to the Cultural Arts Council because they bear the responsibility
of keeping the kiosk current. Perhaps they would like to give input
with respect to their ability to provide information for an additional
kiosk and as to the location suggested.
The matter of the traffic pattern has been deferred until January
and is being studied and a decision has been made on the beautifica-
tion at Porto1a and Murietta. The only item remaining would be the
curbside mail boxes, and Cw Tirsell wondered if this would have to
be done by ordinance.
~1r. Lee stated that this is a matter of policy and the notations on
the standard could be changed, if the Council desires. However, he
CM-3l-ll
October 27, 1975
(Report re Beautification
Comm. Recommendations)
would suggest that the Council consider the matter of painting
of the curbside mail box. It is not desirable to have them on
the curbs in the first place and if they are to be a variety of
colors and designs they would be even more conspicuous.
Cm Miller stated that he feels homeowners should be allowed to
paint the mail boxes any color they choose.
Cm Staley stated that he would prefer not to have a regulation
unless there is a problem and Cw Tirsell felt this was a good
idea - don't comment until there is a problem.
Cm Miller noted that the City has a policy which requires the
black mail boxes that would have to be changed if people are
allowed to choose colors, AND MOVED THAT THE POLICY BE CHANGED
TO ALLOW COLORS OTHER THAN BLACK FOR THE CURBSIDE MAIL BOXES,
SECONDED BY CM STALEY.
Cm Turner stated that he would prefer to leave the policy the
way it is and wondered if there had been requests for colors.
Mr. Lee stated that to his knowledge there have been no requests
for painting the mail boxes.
MOTION FAILED 2-3 (em Turner, Cw Tirsell and Mayor Futch dissenting) .
Current pOlicy concerning mail boxes will remain effective.
REPORT RE AIRPORT
FARMING LEASE
The City l'-anager reported that the airport farming lease for the
8 acres of property situated on the easterly approach zone of
the airport will expire November 1. The lessee wishes to renew
for an additional year at the same terms and conditions - $14.00
per acre. It is recommended that a resolution be adopted authoriz-
ing an agreement to extend the lease.
CW TIRSELL MOVED TO ADOPT A RESOLUTION EXTENDING THE LEASE, SECONDED
BY CM TURNER.
Cm Turner stated that he would question the lease fee. A figure
of $112 a year for 8 acres would appear to be very low.
em Miller stated that he would question why it would be the same
as last year when everything else has escalated.
Mr. Lee stated that he doesn't have the answer as to why the figure
is so low; however, the land is for agricultural use and could be
quite low.
Cm Turner asked if the City incurrs any cost and Mr. Lee indicated
that it does not.
Mr. Lee stated that he is not in a position to say that the lease
fee should not be more than $l4 per acre now, but a couple of
years ago the Hagemann property in the vicinity of the airport
was being leased for $8 an acre.
It was noted that the City owns the land and Cm Miller stated
that he would really like to know more about leases and why
this land would be going at the same rate as last year prior
to making a decision.
em Staley stated that if this is land that is leased for pro-
duction of agricultural crops and he would be curious as to
why the City is not on a gross profit lease rather than a
set fee.
CM-3l-l2
October 27, 1975
(Report re Airport
Farming Lease)
CW TIRSELL AND THE SECOND WITHDREW THE HOTION.
CM STALEY MOVED TO CONTINUE THIS ITEM FOR TWO WEEKS, SECONDED BY
CM MILLER WHICH PASSED BY UNANIMOUS VOTE.
REPORT RE FIRE STATION
NO.1, CHANGE ORDER #2
Mr. Lee stated that at the time the agenda was prepared there was
not sufficient information available concerning the public works
improvements and provision for undergounding utility facilities
along the frontage of the Fire Station No. 1 structure but the fact
is the undergrounding was anticipated early in the planning for the
fire station. There was a list prepared on January 20th of the
items to be required and undergrounding was one of the items listed.
The City assumed that PG&E would be placing the ducts underground and
the City would be entering into an agreement with them to do it, as
was done for the Livermore Gardens Apartments; however, as negotiations
with PG&E proceeded they opted not to do the underground ducts and they
wanted the contractor to do the work. This is the reason the change
order is being called for.
Cm Hiller asked if the City would have had to pay the $9,448 for this
work if PG&E had done it and Mr. Lee indicated that the City would have
had to pay this regardless of who did the work.
Cw Tirsell asked if this means the City will be paying the $9,448
twice and Hr. Lee stated that the City is being placed in the position
of a private developer - we are required to place the ducts underground
with our contractor. The money is not being paid twice.
Cm Miller stated that the resolution says that the agreement is
between the City and Associated Professions. Why are we paying
Associated Professions $10,000? Shouldn't the agreement be with
the contractor?
Mr. Lee stated that the agreement should be, and is, with the contrac-
tor. He added that he hasn't read the resolution but it should be
with M:&H Construction Company.
CM MILLER MOVED TO ADOPT THE RESOLUTION APPROVING THE CHANGE ORDER,
vHTII THE EXCEPTION THAT ASSOCIATED PROFESSIONS BE REPLACED BY M&H
CONSTRUCTION COMPANY. MOTION SECONDED BY CM TURNER AND PASSED BY
UNANIMOUS VOTE.
RESOLUTION NO. 218-75
A RESOLUTION APPROVING CHANGE ORDER NO. 2
(Fire Station No.1)
CONSENT CALENDAR
Res. Commending Earl
Duarte - Outstanding Citizer.
A resolution was adopted commending Earl B. Duarte as the outstanding
citizen of the Livermore Valley for 1975.
RESOLUTION NO. 2l9-75
A RESOLUTION OF CO~J1ENDATION - EARL B. DUARTE
CM-31-l3
October 27, 1975
Minutes
The following minutes were noted for filing:
Design Review Committee - October 8, 1975
Social Concerns Committee - August 21, and September l8, 1975
Planning Commission - September 30, and October 7, 1975
Departmental Reports
The following Departmental reports were submitted for information:
Airport Activity - September 1975
Airport Financial - Quarter Ending September 30
Building Inspection - September
Emergency Services - Quarterly
Finance Department - Quarterly Revenues - Expenditures
Golf Courses - Quarterly Financial
Library - Quarterly
Mosquito Abatement - August
Municipal Court - August
Water Reclamation Plant - Progress - September
Cm Staley questioned the Airport Activity report noting that the
gross revenues are up but every column is down, with the exception
of the lease of the airport and wondered why the revenue is down.
Mr. Lee explained that there are fewer aircraft on the field at
this time. The whole picture with respect to less activity is
a reflection of economic conditions.
Cm Turner stated that with respect to the Quarterly Revenues and
Expenditures reported by the Finance Department, he has no way of
knowing if various departments are within their budget or out of
line. For instance, if the Planning Department were continue at
the same rate, for the next three quarters, they would be over
their budget by 31.2%.
Mr. Lee explained that it is possible to make a lot of the capital
purchases during the first quarter and this could be a substantial
part of the budget for that department.
Cm Turner stated that if a certain department is not performing as
anticipated, he wants to know this at the end of the quarterly
report. The Council should be aware of the fact that the budget
is out of line during the first or second quarter rather than at
the end of the year.
Crn Miller stated that he believes that according to the rules,
a department cannot spend outside of its budget without going
to the Council for a budget change. Consequently, they may
spend money differently in different quarters but everything
spent is supposed to have been budgeted and if it wasn't it is
supposed to come to the Council.
Cm Turner also mentioned that there is no breakdown of the
operating expenses - there is a breakdown for the revenue but
not operating expenses, and he would like this information.
Cm Staley stated that the fines and forfeitures for the Munici-
pal Court are running considerably behind the same period for 1974.
As he recalls, the City Manager was going to investigate this and
he noted concern or the revenues falling further behind this year
than last year. Last year they were lower than the year before
and he would like to see that this report is expidited.
CM-3l-l4
October 27, 1975
Report re Emergency
Services Budget for
1975-76 Fiscal Year
A written report from the City Manager indicated that consideration
was given to the possibility of transfering our Emergency Services
to Alameda County. Investigation revealed that there would be a
nominal savings with a loss of administrative control and it was
decided by the Council to continue this departmental activity as
part of the City administrative structure. Inadvertently, the re-
conversion of the budget did not take into account certain nominal
maintenance items, as listed in the report, amounting to $1,119
offset by matching funds with a net cost to the City of $745. It
is recommended that a resolution be adopted amending the Emergency
Services Department budget for the 1975-76 fiscal year by the addition
of $1,119 for the maintenance items.
RESOLUTION NO. 220~75
A RESOLUTION AUTHORIZING AMENDHENT TO BUDGET
FOR FISCAL YEAR 1975-76
Report re Tract 2827
Off-Site Mocho Sani-
tary Sewer
A report concerning construction of a section of the Arroyo Mocho
Sanitary Sewer trunk line which was delayed due to problems con-
cerning the right-of-way. The report is for informational purposes
since the work is a contractual obligation between the City and the
developer.
Report re Library Term
At the last City Council meeting it was decided that the term of
Library Board members should be made consistent with other appoint-
ments - that being 4 years. The state statute, however, establishes
a term of 3 years.
Cm Miller commented that in keeping as closely as possible to a term
of not more than 8 years he would suggest the Council adopt a rule
that nobody can have more than two reappointments - they could serve
as long as 9 years.
Res. Auth. Exec. of
Agree. I.E.D.A.
The matter of retaining the Industrial Employers and Distributors
Association as a City labor relations consultant was discussed at
the meeting of October 14th at which time approval was expressed
by the Council. It is recommended that a resolution be adopted
authorizing execution of agreement with I.E.D.A.
RESOLUTION NO. 221-75
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
AHENDMENT OF AGREEMENT:
Industrial Employers and Distributors Association
CM-3l-l5
October 27, 1975
Report re Radio
Equip. Lease
The City Manager reported that contained within the existing budget
is an appropriation for special radio gear for our Fire Department
personnel. This provides for leasing of Motorola home receiver
units and other paging communications units as well in addition to
the conversion of plectron equipment. The rental rate is $166.33
per month and is expected to commence November 15 through June 30
for a total cost of $1,152.47. It is recommended that a resolution
authorizing execution of agreement with Motorola be adopted.
RESOLUTION NO. 222-75
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
Lease and Option to Purchase Radio Equipment
(Motorola Communications and Electronics, Inc.)
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM TURNER, SECONDED BY CW TIRSELL AND BY UNANIMOUS
VOTE, THE CONSENT CALENDAR WAS APPROVED.
MATTERS INITIATED
BY THE STAFF
(Request for
Executive Session)
The City Attorney requested that the Council meet in executive
session immediately after the meeting to discuss a matter of
potential litigation.
(Greenville Park)
The City Attorney stated that the City purchased the Greenville
Park property for $43,400 and the City will own the park in
about lO days.
(Hensel-Phelps Meeting)
The City Clerk noted that Hensel-Phelps has requested that the
meeting scheduled with the Council be changed to November 4th
at 8:00 p.m.
MATTERS INITIATED
BY THE COUNCIL
(Complaint re Paint-
ing in Streets)
Cm Miller stated that he has received complaints about the
stop signs wording being painted in the streets. Apparently
this paint causes motorcycles to skid and is very hazardous.
It is recommended that some type of grit be applied to keep
bicyclists and motorcyclists from being hurt.
Mr. Lee explained that the large red and white stop sign is
used very rarely and only in instances where a new four-way
intersection is being established or where there are potential
problems because of a new situation.
CM-3l-l6
October 27, 1975
(PUC Agreement re
Use of Taxpayer Money)
Cm Miller stated that a couple of months ago the PUC made an agree-
ment with the natural gas companies to participate in the exploration
for natural gas, using the money from the taxpayers. The PUC was
criticized for this action and did it very reluctantly because there
was no way of guaranteeing a natural gas supply for the State of
California. The reason they felt they had to do this, as it turns
out, was because the Federal Power Commission has regulations which
allow this to occur. These regulations are up for review and a
representative of the PUC has suggested that if the City is interested
in this it should write to the Federal Power Commission and suggest
that the rule allowing this be eliminated.
Cm Miller stated that he would like to make this an agenda item
and will provide background information as well as a resolution asking
that this regulation be eliminated.
(re Community Develop-
r.:ent Directors)
Cm Staley stated that he learned at the League of Cities meeting that
most Community Development Directors are trained and have background
in applying for grants and aid and sources of funding for local pro-
jects. As he recalls this was not the criteria in the job description
for our Community Development Director and he believes it should be
included. Experience in knowing how and where to get grants and how
to use them should be something our Community Development Director
should have a background in.
Cm Staley suggested that this be made as an agenda item or that it
be included in the description. He stated that it wouldn't necessarily
have to be included in the written descriptions that have gone out but
it should be considered at the time people are being evaluated and
interviewed.
(League of California
Cities Conference)
Cw Tirsell stated that she would like the City to write the League
of California Cities to compliment them for this last conference
she attended. She stated that the panels were filled with people
offering fresh vie~~oints and that everything she attended was well
worth going to.
Cw Tirsell stated that she would like someone to express our thanks
because often we have written to give criticism.
The staff was directed to send a letter to the League leadership
complimenting them on the conference and the overall quality of the
discussions.
(Proposed AB 2422)
Cw Tirsell stated that an AB
has found a significant item
must look at very carefully.
for the state which places a
committees and the governor.
2422 is being proposed and Mayor Futch
contained in the bill that the City
The bill is proposing an organization
political body between all technical
Mayor Futch was immediately concerned with this portion and has
included this in his comments.
CM-3l-l7
October 27, 1975
(Proposed AB 2422)
Cw Tirsell stated that in her comments concerning the bill, she
has selected three policies and if the Council will read the
underlined policies, she used an example for each one. If there
is no serious objection to the underlined statements then the rest
is just an example. She stated that Mayor Futch and she would like
the Council to act on this tonight because it must be sent tomorrow.
Mayor Futch stated that he would like to emphasize his concerns
that all of the technical boards would go through a department of
environmental quality and following this would go through the pro-
posed commission. His concern is that the membership of the commis-
sion would be chosen in such a manner that it would appear that nobody
on the commission would have the technical background or the exper-
ience necessary for items to be discussed. For example, the makeup
of the commission would be two members chosen by the Board of Super-
visors, two by the League of California Cities, two by the Speaker
of the House, two by the Senate Rules Committee and one by the Gover-
nor. These people would not necessarily have technical background
and he would like to suggest that the Technical Boards have more
direct access to the elected representatives.
Mayor Futch stated that he also observed that this is part of
the Executive Branch and yet the Senate and the House would be
appointing more members than the Governor would be appointing.
It would seem that more of the appointments should be made by
the Governor.
Cm Miller stated that this might be one way of getting the bill
through the legislature and secondly, if the suggestion by Mayor
Futch relative to the structure is adopted, it really won't make
much difference but if it isn't accepted it would make a difference.
Cm Staley stated that this could always be pointed out to the
Governor and he could request that he be allowed to make more
appointments.
Mayor Futch pointed out that this bill would nearly reorganize
the whole state government and Cw Tirsell pointed out that it
is a monumental bill that would take a year of intense study
to comment adequately on this bill.
The Council concurred with the written comments prepared by Cw
Tirsell and Mayor Futch concerning AB 2422.
ORD. RE ATTIC
INSPECTION FEE
The matter of the ordinance concerning the attic inspection fee
was discussed at the last Council meeting.
CM TURNER ~10VED TO ADOPT THE ORDINANCE, SECONDED BY CM STALEY.
READING OF THE ORDINANCE WAS WAIVED WITH TITLE ONLY READY BY
THE CITY ATTORNEY.
MOTION PASSED BY UNANIMOUS VOTE.
ORDINANCE NO. 87l
AN ORDINANCE AMENDING SECTION 6.53, RELATING TO INSPECTION
FEE, OF ARTICLE X, RELATING TO ENERGY CONSERVATION, OF
CHAPTER 6, RELATING TO BUILDINGS, OF THE LIVERMORE CITY
CODE, 1959.
CM-3l-l8
October 27, 1975
Z.O. AMEND RE
VEHICLE & TRLR. STORAGE
CM MILLER HOVED TO INTORDUCE THE ORDINANCE WITH THE FOLLOWING
AI1ENDMENTS ~VITH RESPECT TO NHEN THE ORDINANCE GOES INTO EFFECT:
1 JULY 1976. MOTION SECONDED BY CM STALEY.
Mayor Futch questioned the reason for the change in the effective
date and Cm Miller explained that the Planning Commission recommended
that it become effective in six months but he would suggest eight
months to allow the City time to notify people of violations and
time to make arrangements for their trailers, etc., if necessary.
Mayor Futch stated that as he recalls he did not agree with the
motion made by Cm Miller the last time this was discussed and for
this reason would vote against the ordinance.
Cw Tirsell stated that for the record she would like to say that she
is voting in favor of the ordinance only because the results of the
election held in our community. Personally, she is not in favor of
the ordinance.
Cm Turner stated that he also is not in favor of the ordinance but
will vote for it because the majority of the community has indicated
they want it. He wondered if the Council would support an effective
date in one year. There was no support voiced for the additional
four month delay.
MOTION PASSED 4-l (Mayor Futch dissenting) .
Mr. Musso commented that probably after the first of the year cover
letters will be sent along with the ordinance to all recreational
vehicle owners.
The City Attorney stated that even though the Council made an amend-
ment in the effective date of the ordinance it is not necessary that
this item return to the Planning Commission because they have discussed
effective dates on nunero'lS occasions.
READING OF THE ORDINANCE WAS WAIVED \'7ITH TITLE ONLY READ BY TIm
CITY ATTORlJEY.
AD,JOURH~,lElJT
~ayor Futch adjourned the meeting at 10:55 p.m. to an executive
session to dis9JlSS---pes.s~ble litigation and appointments.
APPROVE ~'l<' ,'~ ___
ayor Pro Tempore --
I
I
C~,!:y Clerk
more, California
ATTEST
CN-31-l9
Regular Meeting of November 3, 1975
A regular meeting of the City Council of the City of Livermore was
held on November 3, 1975, in the Municipal Court Chambers, 39
South Livermore Avenue. The meeting was called to order at 8:10
p.m. with Mayor Futch presiding.
ROLL CALL
Present: Cm Turner, Staley, Miller, Cw Tirsell and Hayor Futch
Absent: None
PLEDGE OF ALLEGIANCE
Mayor Futch led the Councilmembers as well as those present in
the audience, in the Pledge of Allegiance.
OPEN FORUM
(Invitation to Pro-
ject Survival Program)
Barry Bolden, 5442 Betty Circle, invited the Council to attend an
educational evening presented by Project Survival at the Dublin
High School on Thursday, November 6, at 8:00 p.m. The topic of
the evening is the Nuclear Safeguard Initiative which will appear
on the June ballot next year.
The program will be in two parts with the first part including a
40 minute film illustrating tours through nuclear plants in this
country and England and highlighting some of the issues common
to both countries. The second part of the evening will be a pre-
sentation by the Dean of the Graduate School of Business at Stanford.
The presentation will be made in such a way that anyone can under-
stand the nuclear issue.
(Low Income Housing)
Jim Ward, 968 Hazel Street, stated that he would like to speak to
the Council concerning low-income housing. Sections 235 and 236
that allowed HUD funding for low-income housing have been eliminated
and there seem to be a variety of reasons given for eliminating these
sections. The new program is Section VIII and is described as a Search-
and Find Program which allows a person qualifying for low-income
housing to go out and find a house to rent. The rent is paid by
IIUD to the person qualifying or directly to the landlord. This
section does not include purchase of a home but rather rental only.
There is no federal or state aid for the purchase of a home or to
pay a developer to build homes that low-income people could purchase.
The Director of HUD recently indicated that she favors redevelop-
ment in the older areas of town because of the availability of
sewers and schools as well as location convenient for shopping.
'tr. Ward urged that the Council and others working on the low-income
situation take these facts into consideration.
(Request Change
in Agenda)
Mike Berger, 3844 Pestana commented that there are a number of
people present this evening to discuss the ~railer Ordinance and
he would like to ask that this item be discussed next.
Mayor ~utch commented that the scheduled public hearing will have
to be discussed but the Trailer Ordinance discussion could take
place immediately after the public hearing.
CM-3l-20
November 3, 1975
(Request for Change
in Observance of Holiday
- City Employees)
Rick Bischoff, 364 North "L", a City employee, stated that la,st week
City employees signed a petition requesting that observance of
Veterans' Day, November 11, be changed to December 26. Originally
the holiday was scheduled to give employees a three-day weekend
and now that it has been changed to a Tuesday it is not in keeping
with the spirit of the federal law passed making three-day weekends
hopeful. He urged that the Council allow the request to change this
holiday.
Mayor Futch stated that the City Manager has informed him that he
has the petition signed by the City employees and will be bringing
it to the attention of the Council later in the meeting.
CONTINUED P.E. RE SOLID
WASTE MANAGEMENT PLAN
Joan Angvick, 2284 College Avenue, from the League of Women Voters,
stated that in 1972 the League of Women Voters completed a study of
solid waste management. The consensus from that study included support
for cooperative planning for the management of solid waste. The County
Solid Waste Management Plan is a step in that direction. Resource re-
covery is a major consideration in planning for solid waste management
and the League supports the maximum feasible resource recovery as is
described in Alternative "c" of the County plan. The proposed joint
powers agreement for plan implementation is an important effort to
assure cooperation among governmental agencies and the League supports
this effort. The Plan, however, could have included more emphasis on
source reduction, waste materials, and source separation plans. Since
land disposal will continue to be necessary, especially in the short
term, clear guidelines for the selection and operation of land dis-
posal sites should be included with emphasis on air and water pollution
and land use concepts. Approval of any long-term project should be
delayed until the full Solid Waste Management Plan is adopted. Premature
long-term commitments could lead to economic difficulties in implement-
ing more effective resource recovery methods. The League of Women
Voters support County participation and regional planning for waste
management. They encourage public participation and education on solid
waste issues.
Cm Miller noted that there is a representative from the County Planning
Department present this evening and he may wish to comment.
Ron Eggers, from the Alameda County Planning Department, stated that
at the request of the Council he has been asked to sUTIIDarize the points
made hy the Solid lV2,ste Planning l\dvisory Com.."Ui ttee, and the rrechnical
Advisory Committee. These concepts have been reviewed and "\'Jere in--
eluded in the letter subui tted to ~~r. Parness on October 20, under tlle
signature of the County Planning Director. ~he County Plan includes
the following concepts presented for the Council's concurrence:
1) The execution of a Joint Exercise of Powers Agreement between
the cities, Special Districts, and the County, including the formation
of a Joint Powers Board of elected officials. 2) The principle
of city representation on the Joint Powers Board. 3) The assignment
of administration and implementation to existing agencies with specific
assignment of enforcement and regulatory functions to the County
Hea1thcare Services Agency with a commission and a coordinator separate
from the Joint Powers Board. 4) '1odernization of ordinances, the
development of local standards and regulations for solid waste manage-
ment. Private industry is given full opportunity to perform waste
management activities and local jurisdictions are responsible for
collection services and for franchising for those services.
CH-3l-2l
November 3, 1975
(Continued P.H. Re Solid
Waste Management Plan)
Capital investment programs for material and energy recovery may be
publicly funded at some future time, based upon evaluation and
decision making of the Joint Powers Board. The goal of at least
67% combined resource and energy recovery by 1980 and 92% by 1990.
These are alternatives 1980-C and 1990-C in the Plan, and the
options of composting should continue to be explored. Evaluation
of application of a Litter Law and Bottle Bill on a County-wide
basis should be done. Revenues and charges should be evaluated
and a uniform audit procedure and model agreement adopted. Regional
coordination through participation and studies and seeking solutions
to common problems through the Association of Bay Area Government,
is essential. A public information program, a plan review program
on a three year cycle, and that no major long-term commitment,
either to private or public enterprise, should be made until adequate
study and comparison is made of efficiency and costs of collection,
processing, resource recovery, energy production, and disposal.
These are the recommendations presented to the Council and Mr. Eggers
noted that he would be more than happy to answer questions the
Council might have.
CW TIRSELL MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY CM MILLER
AND PASSED BY UNANIMOUS VOTE.
CM MILLER MOVED TO ADOPT THE MODEL RESOLUTION, AS PRESENTED IN THE
AGENDA PACKET, APPROVING THE PRINCIPLES AND OBJECTIVES OF THE DRAFT
SOLID WASTE ~1ANAGEMENT PLAN AND THE RECO~MENDATIONS OF THE SOLID
WASTE MAJ~AGEMENT PLAN ADVISORY COMMITTEE. MOTION SECONDED BY CW
TIRSELL.
Cm Miller stated that there is one item that might be included, in
support of the City of Pleasanton. They were concerned about little
or no attention given to the Kaiser dump issue and he would be will-
ing to accept some type of amendment to his motion.
Cw Tirsell stated that at COVA they phrased it to indicate that
adequate attention be given to any fill project in County areas
in or near municipal jurisdictions, ~rnICH WAS INCLUDED IN THE
MO'rION AND AGREED TO BY THE SECOND.
Cm Turner stated that he is concerned about the creation of another
layer of government and in his opinion there is no need to establish
another agency.
Mr. Eggers stated that the assumption that another layer of govern-
ment is being formed is really quite incorrect. If the County were
considering a new layer of gogernment it would be presenting the
Conuncil with a concept of a County-wide special district to handle
this type of thing and it would be a new layer of government with
taxing power and an elected board similar to the East Bay Municipal
Utility District. What the County is presenting is something that
is required by state law and by assigning this to a joint board
they will be achieving coordination on a County-wide basis so that
all the decisions made by that board would have some basis in local
jurisdictions. There are some joint powers agreements that have
stipulations in them that any decisions made by that board would
be brought home and discussed in public hearings such as this.
There is nothing suggested at this time for the joint powers agree-
ment so anything can be included when it is drawn up. This really
is not a new layer of government but rather is being assigned to
the Health Care Services Agency and coordinated on a County-wide
basis according to the recommendations of the Advisory Committee.
CM-3l-22
November 3, 1975
(Continued P.H. re Solid
Waste Management Plan)
Cm Miller stated that the recommendation of the Solid Waste Advisory
Committee was that the Joint Powers Agency consist of elected public
officials as members, although nonpublic officials could be appointed
also. The point of this was that there would not be a new level of
government but representative of existing levels of government so
there would not be a conflict. All the jurisdictions would have some
kind of representation on the Joint Powers Board. A Joint Powers Board
cannot be formed unless the local agencies agree to the terms. The
Committee, with the exception of the members from Oakland Scavenger,
were in favor of the concept of a Joint Powers Agency.
Cm Staley stated that he belives this is one of the most valuable
parts of the plan - that the voting members will be currently
elected representatives of the people. This Committee will basically
regulate public utilities in the County and the history of regulation
of public utilities has been one where a body primarily of nonelected
people regulates the facility. Generally it turns out that those
being regulated are doing the regulating of public utilities.
MOTION PASSED BY UNANIMOUS VOTE.
RESOLUTION NO. 222-75
A RESOLUTION APPROVING THE AL&~DA COUNTY
SOLID WASTE ~~NAGEMENT PLAN.
ORD. RE TRAILER STORAGE
!1ayor Futch moved to the item concerning adoption of a Zoning Ordinance
amendment relative to trailer storage.
Fred Johansen, 854 Keystone Way, stated that he would like to distribute
two papers to the Council: 1) The 48% minorities speak out; and 2) a
compilation of the vote on Heasure A in the 1973 election. lIe stated
that in addition to the papers he is submitting to the Council he
would like to say that any ordinance adopted on this matter should
reflect the attitudes of the neighhorhood. It should be noted that
52% of the neighhorhoo0s in Liverc"':ore votr:>r1 cgainst t1'le measure; hmv-
ever these neighborhoods are zoned with narrow lots, primarily RS-5.
The balance of the neig~horhoods voted for the rueasure by a rather
large margin in some cases. These neighborhoods are predominately
R-4 neighborhoods with wide lots and sideyard access. There are
at least three areas in the tmvn (Granada Woods, Springtown and
Rhonewood) who have homeowner agreements that limit the parking of
vehicles in the front yards and these things had a very strong
influence on the vote. This issue is a matter of neighborhood
situation and not a community situation.
Mr. Johansen stated that he believes enforcement of the ordinance
will be difficult and the City is limited in manpower for trying
to enforce the ordinance. Eventually it will probably be enforced
only on a complaint basis, and the City will become involved in
neighborhood disputes. He believes this is an ordinance that works
against the people rather than for them. He urged that the Council
take another look at the ordinance and perhaps discuss this with the
Planning Commission and review what 48% of the voters did not want.
Mr. Leonard, 1892 t1ontecito Circle, stated that he spoke to the
Council last week about travel trailers and recreational vehicles
parking on a mobi1ehome lot and private lots.
Mayor Futch explained that the situation Mr. Leonard is referring
to is different than the City ordinance on trailer storage. The
law which deals with mobilehome lots is a state law. Comments should
be restricted to recreational vehicles, in general.
CM-3l-23
November 3, 1975
(Ord. re Trailer Storage)
Mr. Leonard stated that he believes the state law is not fair to
mobilehome owners and Mayor Futch commented that this is not really
the item the Council has on the agenda this evening and would like
to insist that discussion relate only to the subject at hand which
is the ordinance the Council has in front of them and does not apply
to Mr. Leonard's concern.
Bud Kiehle, 601 Los Alamos stated that his wife attempted to get
a copy of the ordinance and wasn't able to get it and would like
the City Attorney to read the ordinance before he discusses it.
The City Attorney read the specific part of the ordinance applicable
to recreational vehicles.
Bob Anderson, 925 Dolores Street, stated that this ordinance will
severely restrict people with recreational vehicles in excess of 19
ft. and he would hope that the law would apply equally to all such
vehicles, regardless of their length. He stated that he believes
the attempt to pass this type of ordinance is not constitutional
and removes the privileges of the property owner. He paraphrased
court cases that appeared in a magazine relative to this type of
ordinance. He indicated that it is not legal to enforce an ordi-
nance of this type unless there is danger to health, welfare or
safety of the community.
Mayor Futch commented that the reason the 19 ft. vehicle is allowed
is because most driveways are 20 ft. and if a recreational vehicle
is longer than this they protrude into the sidewalk area creating
a safety hazard.
Cm Staley asked if any of the cases Hr. l'\nderson referred to were
in California and Mr. Anderson indicated that they were in Iowa,
Illinois, and other states.
Mr. Hengoia, 6271 Tesla Road, stated that he would like to know
if there was or was not already an election on this ordinance
and Mayor Futch explained that it was an advisory election.
Mr. Mengoia stated that the purpose of the election was to ask
people if they wanted to get rid of trailers in the front yards
and a majority of the people voted to remove recreational ve-
hicles from specific areas. He stated that, personally, he is
against this law but the people voted for it and for this reason
it should be enforced. He stated that when people voted for the
ordinance he spent $12,000 to provide storage for trailers and
recreational vehicles on his property, assuming that the ordi-
nance would be enforced.
Joseph Ramos, 664 Murdell Lane, stated that in his opinion
the ordinance is discriminatory against those who do not
have as much money as others - the "have nots". It is the
people who have less money that live in the older homes with-
out sideyard access because of the smaller lots. He added
that people with less money generally have the smaller trailer
that is not self-propelled and these people cannot afford a
certain class of vehicle or home. He commented that he would
like to suggest that vehicles not be allowed to park in the
front if they are a hazard or if people are living in them
and try to get to the problem.
Ray McCallum, 1272 Locust, stated that unfortunately he is
one of the "have nots" who is retired and on a fixed income.
He stated that he sold his motorhome because it was economically
not feasible for him to maintain it and he would still like to
be able to travel and he has an 18 ft. trailer. He explained
that if he has to take his trailer to a storage area he will
have to spend $lO to $15/month that would otherwise go towards
CM-3l-24
November 3, 1975
(Ord. re Trailer Storage)
food or recreation. He stated that he sees no reason to have
to do this and emphasized that he is on a very limited income
and that he didn't plan for things to be as they are. The
ordinance will be imposing restrictions on people such as him.
Ira Cruz, 488 Jensen Street, stated that he is opposed to parking
trailers in front yards because people park them in the driveways
in his area of town and put their cars in the streets which makes
the streets very narrow. He added that there are so many cars in
the street that the street sweeper can't sweep under them and the
leaves clog the drains during the rainy season.
Chuck Woods, 830 Pine Street, stated that he objects to anyone
telling him that he cannot park whatever he wants in his driveway
as long as it is not unsightly or hazardous. He stated that he
owns his home, pays taxes for the property and including the
driveway area and feels that is his property. He stated that
if the City passes an ordinance prohibiting parking in the front
yards then they should provide free storage for the people who are
forced to move their trailers and that the storage area should be
patrolled so that the trailers are safe.
Jim Ward, 968 Hazel Street, stated that his home is on a small lot
without sideyard access and he has placed his trailer in storage.
He added that even if he had a large lot he would still store it
in the storage area on Tesla Road because he feels trailers are
unsightly when they are in front of the house. The 52% majority
who voted to eliminate storage in ~ront yards un~oubtedly voted as
they did because of aesthetics. He feels that his boat and trailer
are safer behind a locked fence where t~ere is a guard dog than if
t:1ey were on the street. TIe stated that tires have been slashed,
cars painted, and antennas ripped off of cars that are out in front
and he really wouldn't want his recreational equipment out in front
where damage might be done. In his oninion, if someone can afford
a large recreational vehicle, over 19 ft. long and 10 ft. high, they
should be able to pay for the storage of it.
Mr. Stribling, 918 Ventura Way, stated that he would agree with what
~1r. Ward has said about people being concerned about aesthetics and
lack of value of the recreational vehicles and would even like to see
the ordinance include automobiles, motorcycles, bicycles and skate
boards.
Mike Berger, 3844 Pestana Way, commented that he would like to offer
a constructive suggestion that perhaps the City could follow. He
stated that people bought their homes (in the older sections without
sideyard access) with certain inalienable rights and he feels the
areas without the ability to store vehicles in side yards should be
rezoned or zoned appropriately.
Clay Vaughn, 1846 Spruce Street, stated that he purchased his home
20 years ago and because of poor planning on the part of the City
he has no way to get a vehicle into his back yard by alley or ease-
ment along the side. lIe stated that to have to pay for storage is
another form of taxation and noted that when an ordinance of this
type passed in another city the storage fee went from $7.50 to
$15/month. This is a form of taxation people do not need.
Carl Johnson, 788 El Rancho Drive, stated that he purchased his home
l8 years ago and his lot is also too narrow to place vehicles in the
side yard or the back yard. He stated that he believes when one thing
is enforced it leads to others and next the City will be telling him
he can't park two cars in his driveway. He pointed out that more
than 52% of the people voted against the railroad relocation but
the City did what they wanted anyway.
Cm Miller commented that he would like to clarify that there was a vote
on the railroad relocation in 1970 and people voted against it and it
was not adopted because it would have been a City-wide assessment.
CM-3l-25
November 3, 1975
(Ord. re Trailer Storage)
The people said they didn't want it and the Council did not adopt
it. The present relocation project is being done by assessments
of only those involved and these people voted in favor of it.
Cw Tirsell stated that she believes it is important to make clear
that there was never a ballot asking people if they wanted the
relocation. There were numerous public hearings and a lot of objec-
tion by the people and because of the public input at the public
hearings, the Council itself voted against the plan. She stated
that many people in this City believe people voted against the relo-
cation project and this is a fallacy.
Robert Guest, 88l El Rancho Drive, stated that people boardering the
railroad property are also paying for the relocation because they
have lost value in their properties. He stated that the trains
are going to park in back of his house and now the City is saying
that he cannot park a recreational vehicle in front of his house.
He stated that he feels a 52% vote in 1973 is not a mandate and
that if the vote were taken today there would be the reverse. The
number of people in favor of removing recreational vehicles from
the front yards is continually declining as the recreational ve-
hicles are becoming more popular.
William Harland, 443 Colusa Way, stated that he has a 10 ft. side
yard but it will cost him approximately $500 to provide for access
and storage. He feels it is unfair that people are required to
spend this kind of money to provide for something that will
raise taxes. He stated that concrete is a permanent asset that
will be taxed.
Leonard Ray, 945 Hanover, asked what the easement should be between
the house and the property line and Mayor Futch explained that they
vary, depending upon the zone Mr. Ray lives in.
Don Holman, ll90 Rincon, stated that in his opinion
able to do what they want with their own driveways.
he is fortunate to live on a corner and can get all
the back but many people cannot do this.
people should be
He stated that
the vehicles in
CM MILLER ~lOVED TO HAVE THE SECOND READING AND ADOPTION OF THE
TRAILER ORDINANCE, SECONDED BY CW TIRSELL.
Cm Miller stated that before beginning the discussion he would
like to point out that he has a trailer and a boat that are
squeezed into his garage and as a result has lost about half the
storage available in his garage.
Cm Miller stated that he intends to vote in favor of the ordinance
because he believes it is the right idea, in principle, and secondly
because this was the subject of a public vote and the majority of
the public voted to have this kind of ordinance. Not everybody wins
when there is an election. He feels the Council has an obligation
to the majority of people who voted for an ordinance of this kind
and the Council should respond to the vote. The ordinaance he
has moved to adopt is actually a weaker ordinance than the one
that was in effect for 13 years. If this ordinance goes into
effect a person can park in the side yard and the one that was
in existence from 1960 until 1972 did not allow parking in the
side yard when there was room for one. People who moved to Livermore
in 1960 were prohibited from parking recreational vehicles in
their front yards so the Council is not adopting anything new
at this time but rather reaffirming something that was in effect
and in fact something weaker than what was in effect.
CH.-3l-26
November 3, 1975
(Ord. re Trailer Storage)
Cm J1iller stated that many people are upset by the fact that they cannot
store boats and trailers in the front yards and if he couldn't get his
hoat in his garage he would also be unhappy about having to take the
boat to a storage yard. Nevertheless, this was the subject of a public
vote and he believes there is no other choice left to the Council. He
stated that on the other hand the public or those opposing the ordinance
have the choice of getting signatures on a petition within 30 days and
bringing it back to a public vote as a referendum.
Cw Tirsell stated that she believes the ordinance is more regulatory
than what she would like and she is opposed to it. She stated that
she is adverse to regulating liviJ1jJ~,!"l}~)~~~s_.4.-t~e ~~~J~9-. .that it is&K
her duty to represent opinion~~e~hat was ~on this,Wt~/.;- tL
ordinance was ~n expression of opinions to the Council. I'Jhi1e sheG1C'L:> .
is opposed to the ordinance because she feels it is too regulatory,
she will vote in favor of it. She added that she has received opin-
ions from many people who are not present this evening and that
mothers have expressed concern when there are vehicles on either side
of them and they cannot see their children up and down the block. She
stated that she received many telephone calls of this nature from
people who do not want to fight with their neighbors over recreational
vehicles. What Cm Miller has said is very true - California law pro-
vides for the referendum process and should this ordinance be adopted
if there is disagreement with it there is a specific manner in which
this can be a referendum item. There are precise provisions in the
State Constitution that must be followed and this is an avenue open
to the people who disagree with the ordinance. However, in good
conscience she cannot sit on the Council and vote against a majority
opinion.
Cm Turner stated that he would agree with what Cw Tirsell has said,
100%.
Cm Staley stated that he was not on the Council at the time the election
was held but was a Livermore resident at that time. He believes that
the ordinance is an invasion of property rights and is not convinced
that it is constitutional and this is the reason he asked Mr. Andersen
if he could cite a California case. Cm Staley stated that he has
researched the issue and has looked for precedence and can find
none in California. Therefore he feels compelled to follow the
advisory election and vote in favor of the ordinance. He would
say that the invitation to referend the ordinance is the best solution
for those people who are against it.
Mayor Futch stated that on the first reading of the ordinance he voted
against it and will vote against it again this evening. There are
many ways to achieve a goal and ways to adopt ordinances to minimize
the impact of financial burdens on many of the citizens. When the
Planning Commission originally wrote the ordinance they tried to
achieve that purpose and specifically included provisions allowing
front yard storage if people could not get the vehicle to the rear
yard, for a certain length of time. They wanted to allow people a
period of time to make use of their vehicles and possibly people would
move or sell their vehicles during this amortization period. The
original draft took these things into consideration and tried to
mini~ize the financial iMpact upon citizRns and he feels this would
be a desirable goal and consistent with the majority vote. :~e does
not c1isagree vlith the intent of the ordinance but rather he believes
it should be amended to !uinimize the effect of implementation. There-
fore he will vote against the motion.
~'10TION PASSED 4-1 (Mayor Futch dissenting) .
01-31-27
November 3, 1975
(Ord. re Trailer Storage)
ORDINANCE NO. 872
AN ORDINANCE M1ENDING ORDINANCE NO. 442, AS ~lENDED, RELATING TO
ZONING, BY ,THE AMENDMENT OF SECTION 20.42, RELATING TO FRONT YARDS,
AND THE ADDITION OF SECTION 20.66, RELATING TO VEHICLE AND TRAILER
STORAGE, TO SECTION 20.60, RELATING TO ACCESSORY STRUCTURES AND
USES, ALL OF CHAPTER 20.00, RELATING TO GENERAL PROVISIONS; BY THE
REPEAL OF SECTION 21.44(g), RELATING TO TRAILER STORAGE, OF SEC-
TION 2l.44, RELATING TO OFF-STREET PARKING, OF CHAPTER 21.00, -
RELATING TO SPECIAL PROVISIONS.
Margo Bodeo, 1080 Batavia, stated that he came into Livermore after
the vote and feels it is unfair he is subject to something that was
voted on prior to his residency in Livermore.
Cw Tirsell pointed out that this is the point of the referendum. If
enough people are dissatisfied about the ordinance (10%) sign a
petition to place this item on the ballot it could appear on the
March ballot.
The City Attorney commented that he would like to point out to
those who might be interested in a referendum that the rules about
referendums are very specific and the rules must be followed. If
they are not followed exactly, they will end up without a referendum.
He would suggest that if people have any questions concerning the
procedure that they contact the City Clerk or he will be happy to
answer questions.
RECESS
After a brief recess the Council meeting resumed with all members
of the Council present.
CO~~UNICATIONS RE CITY
COMMENTS RE LEGISLATION
Letters were received from Senator Holmdahl concerning comments
expressed by the City of Livermore with respect to support and/or
action on AB 2220 (Location of Garbage Dumps) and AB 437 (Drivers
Licenses) and AB 625 (Regional Government) .
ON MOTION OF CM STALEY, SECONDED BY CW TIRSELL AND BY UNANIMOUS
APPROVAL THE LETTERS WERE NOTED FOR FILING.
LAFCO RESOLUTION RE
SPHERE OF INFLUENCE
The Council received a copy of a LAFCO resolution concerning action
taken on petitions requesting removal from Livermore's Sphere of
Influence.
Cm Miller stated that he believes LAFCO should have included the
overall ~eneral Plan of Livermore. He stated that they speak
to retention of the north side area but there is nothing said about
the south - there should be a fifth alternative included and it
should be the overall General Plan area of Livermore.' He would
like the staff to submit a letter, stating there should be another
alternative, so they would have it for their records.
Cw Tirse1l stated that she thought the Council was going to set
for discussion prior to the LAFCO meeting, submitting the area of
our proposed new General Plan. She has suggested that perhaps the
proposed General Plan might be reviewed by the Council and supported
as an alternative. unfortunately it is too late to submit it and
she is disturbed that it wasn't reviewed prior to the LAFCO meeting.
She asked if em Miller's suggestion could be included with a proposal
vTith boundaries approximating our proposed General Plan.
CH-3l-28
\ \,
November 3, 1975
(LAFCO Resolution re
S?here of Influence)
em Miller stated that he would question if this would be wise be-
cause this is a Sphere of Influence hearin0 and our General Plan
really considers the whole area in our end of the Valley. There
are parts of the General Plan that show urbanizing much smaller
than that because of environmental considerations, etc., in the
coming time period. This does not mean that we might not ultimately
become urbanized.
Cw Tirsell stated that the object of the Sphere of Influence is those
lands which would logically be urbanized within a certain period and
this was not clear at the time the original Sphere of Influence was
discussed. The LAFCO staff was talking about logical annexation areas
and the City was talking about whole planning areas. They viewed Liver-
more's position at that time as totally unreasonable.
Mr. Husso stated that the City did support the LAFCO staff proposal as
a short range proposal.
Cw Tirsel1 stated that our first testimony was that we wanted our
entire planning units and this is what the LAFCO staff heard at the
time they were setting boundaries t~ r~.~lQ .nnQxation~.
t!. .i!
Cm Miller stated that he believes the iss~e s th~t in a reasonable
short to medium run our General Plan map covers what should be urban-
ized and the Council should take the position that that is what should
be urbanized in the next 25-30 years, at best, and that there should
be no other Sphere of Influence because the Valley cannot support more
urbanization because of the environmental considerations.
Cw Tirsell stated that if Cm Miller would place this in the form of
a motion so the Council could convey this by the 6th (LAFCO meeting) ,
she would support it.
CM !ULLER I'1OVED THAT: 1) THE CITY 'NOULD LIKE THE SPHERE OF INFLUENCE
TO BE OUR ~IOLE GENERAL PLAN AREA, AND AN ACCEPTABLE ALTERNATIVE
WOULD BE 2) IF THE SPHERE OF INFLUENCE IS GOING TO BE A SHORT-MEDIUM
RUN ASSIGNMENT THE CITY WOULD LIKE Wt~T SHOWS ON OUR GENERAL PLAN MAP
HHICH IS LDlITED IN SIZE BECAUSE OF ENVIRONHENTAL CONSIDERATIONS, AND
THAT THERE BE NO OTHER SPHERE OF INFLUENCE IN THIS END OF THE VALLEY
ULTIMATELY, BECAUSE THE VALLEY CANNOT SUPPORT THE POPULATION OF OTHER
SPHERES OF INFLUENCE BECAUSE OF E~NIRONMENTAL CONSIDERATIONS. MOTION
SECONDED BY CW TIRSELL.
Mr. Parness asked if this is to be included in the statement to LAFCO
now rather than in testimony to be presented at the next hearing.
Cw Tirsell stated that this should be elaborated upon at the hearing
and take the map as well so they can see what we are talking about
but this should be in our records.
The City Attorney commented that there isn't really going to be a
meeting on the 6th - they are just going to present this openly to
the Commission. A reporter will be there but only for the protection
of the City or to prevent them from saying anything untoward.
Ilr. Parness stated that he believes it would be more appropriate to
make the motion a part of the testimony to be given at the hearing
hut it probahly 'vouldn't hurt to present it in writing prior to the
~ei'L'I:-ing .
~he City Attorney stated that the City will probably have to follow
the :LAFCO procedures any,;,7ay anJ the procC:G.ures tIle COlrL'TIission ,'/ill
aJopt is that they will take the evidence at the time of the hearing
and it could be done in 'vriting or any other way but he would like
to ~oint out that as he understands, the reconMendation is that either
CQ-31-29
November 3, 1975
(LAFCO Resolution re
Sphere of Influence)
it remain the same or that they go back to their original staff recom-
mendation. In view of the way we are talking about planning for our
General Plan and how far it will be, north of the 1-580 area, we
should seriously consider taking some position that might be consis-
tent with previous staff recommendations.
Cw Tirsell stated that this could be reflected in the minutes with
a request that it be placed on the agenda immediately.
CM MILLER M.OVED TO AHEND THE MOTION TO INCLUDE THAT THE STAFF
PREPARE BACKUP FOR THE TWO SUGGESTIONS. THE GENERAL PLAN ON
THE MAP IS VERY SIt1ILAR IN AREA. MOTION SECONDED BY CW TIRSELL.
~1r. Logan explained that the Sphere of Influence would be the
original staff recommendation and was a recommendation with a
northern boundary somewhere coincident with Hartman and Hartford
Road which is somewhat below the upper limits of that one area
of the General Plan, as far as the City's map is concerned. They
listed four alternatives and the fourth was up to the northern
boundary of Alameda County which was our original position.
According to the staff report they felt this was not a viable
alternative.
Cm Miller stated that the Council should probably review the
LAFCO staff report prior to making a final decision on this
and Mr. Logan stated that this is what he would advise.
THE COUNCIL CONCURRED THAT THE ITEM SHOULD BE CONTINUED TO
ALLmv THEH TDm TO REVIE\^l THE REPORT.
COMMUNICATION RE ZONE 7
PLANNING & DEVELOP. OF
WTR. QUAL. MGMT. PLAN -
ALAMEDA CREEK \^lATERSHED
A letter was received from Zone 7 indicating that the Zone 7 Board
adopted a resolution on September 17th stating intention to pro-
ceed with planning to develop an integrated water quality manage-
ment plan for the Alameda Creek watershed above Niles. They
requested that each concerned agency advise them as to views on
the nature of the problem.
Cw Tirsell asked which study this refers to and Cm Miller stated
that this is the study whereby they wish to seize control of
water management and planning from LAm~ and he would suggest
that the Council indicate that Zone 7 is not the proper agency
to do this and their proposed role as a new sewer agency is in
conflict with staff and regional board policies on environmental
constraints.
The staff was directed to prepare a letter reflecting this view-
point.
Cml1l1UNICATION FROM WM.
RAYMOND RE CORPS STUDY
The Council received a copy of a letter sent to the Corps of
Engineers by Wm. Raymond with respect to the proposed study of
the upper basin of the Alameda Creek. He indicated that he would
like to propose means by which future criticism can be alleviated
and participation by interested citizens encouraged, and that
the study be available at all libraries in the Livermore-Amador
Valley at least two weeks before a scheduled public hearing.
The letter was noted for filing.
CH-3l-30
November 3, 1975
REPORT RE ENCR01\ClmR:>JT
PETh~'lIT APPLICATIONS
Applications have been received from David rladis, Duke Interior
Decorations and Proctor's, for an encroachment permit to allow
encroachments into com~ercial sidewalk areas.
The staff has prepared a proposed policy statement concerning
this matter also.
Cm !1iller stated that he has read the proposed policy statement and
he is satisfied with it but would like to request that these three
applications also be reviewed by the Design Review Committee, AND
SO HOVED. ~lOTION WAS SECONDED BY CT.-,] TIRSELL.
Barcus Lipkind, stated that he moved to Livermore about three months
ago to start up a small business at 2290 First Street, owned by David
r1adis. When he and his partner rented the building the agreement
stipulated that the landlord would upgrade the front of the building
as they felt it was necessary and their first suggestion was that it
be restored to its original look. After reviewing this suggestion
they decided it would not be possible to restore it to the original
look and decided to add some wood and make it look old. Their first
attempt was to construct an overhang completely supported by the build-
ing but the contractor found that it would not be structurally feasible.
He stated that they have followed the procedures for obtaining an en-
croachment permit and he has just read a memorandum from Mr. Lee on
this item and feels they received an unfavorable recommendation and
this is the reason he is speaking to the Council.
He stated that he disagrees with the policy that an encroachment permit
can be revoked at any time because this means that someone can spend
considerable money to do something that could be revoked. Their
intent is to beautify the building but with the recommendation they
have received from Mr. Lee and the possibility that the permit can be
revoked would make it seem that this project will not be possible.
Cw Tirsell asked if ~1r. Lipkind has read the policy statement and he
indicated that he had. She noted that all the Council is doing is
saying they agree with the policy statement but would require the
applicants to comply with the design review requirements.
Mr. Lee stated that he believes Mr. Lipkind has misinterpreted the
memorandum. The intention is that the staff recommendation would be
favorable to allowing the sidewalk encroachment and they do not oppose
the columns and he believes the Design Review Committee would also
approve them. He believes the recommendations are favorable and it
should be possible for Mr. Lipkind to do what he wishes under the
terms of the policy statement. With respect to revocation of the
encroachment, he believes it should be the right of the City to re-
move something from the public right-of-way if necessary. It is not
the intention of the City to remove something without sound justifica-
tion.
Cm Turner stated that he believes some of the confusion lies in the
fact that specific statements were made about Duke Interior and
Proctor's being acceptable and no such statement was made about the
application by Dave ~adis. lIe also interpreted it that Mr. Lee was
not recoT'1.mending approval of the encroachMent permit for '1r. t'~adis.
~lr. :Lee indicated that perhClps the Me1"'!oran(lu!"'1 \'!RS not very clea.r
but the intent was that all three applications should be approved.
:lr. Street cOlnmented that tIle :~~uilding Code ll.as a section in Chapter 45
~;hich relates to occupancy of public right-of-uay and it specifically
prohibits any structure bearing on the public right-of-way. If this
permit is allowed (I1adis) it would require a change in the Building
Code.
crl-3l-3l
November 3, 1975
(Cormnunication From Hm.
Raymond re Corps Study)
Hr. Lee commented that, unfortunately, this is an item that his depart-
ment didn't catch but maybe it could be clarified at this time. Per-
haps for this particular overhang which is a marquee type structure,
it might be allowed. The posts will not really be supporting a
structure as such. Hopefully the Building Code refers to the building
structure and not the marquee.
Mr. Street stated that he would like to read this section to the
Council and noted that it is subject to interpretation. He then
read that lIa marquee shall be supported entirely by the building".
Mr. Parness suggested that detailed matters such as this be refer-
red to the Design Review Committee.
Cw Tirsell stated that she would like the Design Review Committee
to handle this problem.
Mr. Madis stated that he does not mind working with the staff and
the Design Review Committee and that the biggest problem is trying
to attend Council meetings to discuss items such as this. He added
that he really disagrees with paragraph 8. of the policy statement as
it is written which indicates that the City may revoke the encroach-
ment permit at any time without cause. He stated that if the
policy indicated that the permit would be revoked with "good cause
or good reasonll he might not disagree but he believes that someone
should not spend a lot of money for somthing that could arbitrarily
be revoked.
The city Attorney stated that this is no different than what is
done with respect to public utlities - they are in the right-of-
way and can be forced out if something is done with that particular
right-of-way. This would not be an unusual section but he would
imagine the PUC would have limitations in their requirements and
that the City would have to be relocating the right-of-way or some-
thing specific.
Cm Staley stated that he would like to know where the power rests
for revoking a permit - with the staff, the Council, or after a
hearing?
Mr. Lee stated that the City Council would make the decision.
If the Council wishes to send this back to the Design Review Com-
mittee some of these details could be discussed.
~1ayor Futch commented that he believes this is probably a stan-
dard agreement that Pleasanton and everyone else follows.
Cw Tirsell noted that Mr. Madis is a lawyer and knows very well
what the statements mean - this is terminology used for any
encroachment permit. This does not mean that the City will
capriciously do something.
CW TIRSELL I-.10VED THAT THIS ITEM BE REFERRED TO THE DESIGN
REVIEW COMMITTEE.
Cm Turner stated that he would like to know what is going to
be done about the application made by Mr. Madis. It is clear
that the other two applications do not have problems.
Cw Tirsell stated that this is one of the items that will have
to be resolved by Mr. Lee because he has interprested the marquee
as being nonstructural and the Building Code says that it is and
the Council may have to amend the Building Code in order to allow
the permit.
Cm Turner stated that he would like a time limit to be set for
resolving this matter and would like to know when a staff report
could be available.
cn-3l-32
November 3, 1975
(Communication From Hm.
Raymond re Corps Study)
L-1r. Lee indicated that he doesn't knovl when the Design Review
Committee will be meeting and whether it can be resolved in one
night is another question. If it is resolved at the next meeting
the report could probably be back to the Council in two weeks.
Cw Tirsell asked that the Design Review Committee be asked to try to
resolve this matter during their next meeting and to make recommenda-
tions to the Council.
Cm Staley stated that in order to clarify what the Council is asking
the Design Review Co~~ittee to resolve, the Council is asking them to
resolve the matter of the support structure for the ~1adis application
and the "step" for the !'Juke Interior application.
~'1OTIO"J ~\7AS SECONDED BY CH STALEY AND PJ\SSED BY UNANH10US VOTE.
REPORT RE APP. TO SOLICIT
FOR FUNDS - POLISH COM-
HlHJITY CENTER OF SAN FRAN.
The Director of Finance reported that the Polish Community of San
Francisco has applied to solicit for funds in the City of Livermore.
In the past, it has been the policy of the City Council to deny such
applications when there is no evidence of any local benefit accruing
from the solicitations.
Mr. Nolan stated that it has not been determined as to what benefit
solicitations would accrue to the City, if any, and allegedly, sol-
icitations by this group in other cities have resulted in complaints
to the police department by their citizens.
A report from the City Attorney indicated that if they comply with
the Code requirements, and they apparently have, he would have to
take the position that they have the right to solicit as long as
they have the appropriate tax exemptions to show they are a charitable
organization and have registered with the Police Department for door-
to-door solicitation.
Mr. Parness noted that the Council has previously denied this applica-
tion and at that time it was the practice that all such applications
were referred to the Council and there were generally 5 to 6 applica-
tions on each agenda. These items became repetitive and routine and
the Council declared that these matters be processed by the staff and
that the staff's discretion be used. The staff has tried to follow
the policy guidelines that were practiced at the time but this is a
debatable application.
Cm Staley stated that there appears to be two issues at hand: 1) the
request for the exempt business license, and 2) the right to solicit.
Hr. Parness stated that anyone with a business license is allowed to
solicit but these people are asking that they be exempt from the
payment of the license fee.
Cm ~1iller stated that the question of soliciting is not an issue in
this case - the question is the exemption from the business license fee.
CH HILLER r'10VED TO DENY THE REQUEST FOR AN EXEHPTIGrJ FR0I>1 TEE BUSINESS
LICEI"-JSE TAX, SECONDED BY C~l TURNER.
!'Jalegor Suchecki, stated that he felt the comments made by '1r. Nolan
about trouble in other cOITlI'1uni ties ~'laS unnecessary because he gave
no facts concerning the~e allegations. qe state~ t~at he is t~e
Director of the Polish Community Center of San Francisco and noted
that t~e purpose of this organization is to assist neeJy ~olis~ refu-
g"ees \71'10 cone to t:1C ~:ay .2\rea. :'8 stated that this organization is
c~- 31-- 3 3
ilovember 3, 1975
(Report re App. to Solicit
for Funds - Polish Comm. Ctr)
also instructional in Polish culture, history and language and that
Livermore residents had the opportunity to attend a language course
offered at Hayward High School. In Livermore there are 300 families
of Polish origin and five of those families are members of the Polish
Community Center. The Polish refugees need help and the Polish Commun-
nity Center is appealing to the good will of Livermore citizens
to assist these people. He then introduced Sylvia Renolski who
spoke to the Council concerning this matter and about the applica-
tion and the problems the organization has had with the staff.
She stated that they have met all the legal requirements and since
they are a charitable organization should be exempt from the busi-
ness license tax.
Father Joshe of Our Ladys Rosary parish in San Francisco, stated
that he is of Polish origin and has been associated with the Polish
Community Center since 1961. He would like to attest that the Polish
Center does do a great deal of social welfare work in the Bay Area,
including Alameda County.
Cm Miller stated that it has been a long-standing Council policy
that there will be no business license tax exemption unless some-
thing is of benefit to Livermore. If they wish to solicit, this
is fine, but there is no reason they should be exempt from the fee.
Cm Staley stated that as he understands it they have met every
requirement to allow them exemption from the business license tax
and as far as the City Attorney is concerned and the Director of
Finance is concerned, there is no question about the fact that
they are entitled to exemption.
Cm Staley stated that the next issue is that as he reads the report,
the only requirement to solicit door-to-door, if you are a charitable
organization, is that you register with the Police Department, and
wondered if this is the only requirement.
Mr. Nolan stated that this is true it is the only requirement and
that the Polish Community Center will register with the Police
Department and pay a fee for solicitor identification card if
their application is approved.
Cm Staley stated that if this is the case he is at a total loss
as to what the issue is.
Mayor Futch stated that he doesn't understand either.
Cm Miller explained that it is the policy of the City to turn down
exemption from the business license tax for those organizations
which are not local charities.
Cm Miller added that there was a time the Council voted on these
matters every week and the Councilmembers always voted against
those who were not local charities. This is not a local charity
and he knows no reason for not denying the application and cannot
understand the confusion.
em Hiller stated that it is his understanding the Council has the
power to deny these requests and if it is determined the Council
does not have this power then the ordinance should be changed to
allow the Council the power to deny them.
Hr. Suchecki stated that for the past two years the Polish Commun-
ity Center applied for permits to go door-to-door to solicit and
they were not required to pay either the City or the Police Department
fees for the license. They cannot afford to pay the business license
tax and they were granted the exemption the past two years and would
again request the exemption.
;layor Futch stated that he is concerned there are no clear guidelines
in the ordinance but Cm'1iller remembers a policy.
Cl-3l-34
November 3, 1975
(Report re App. to Solicit
for Funds - Polish Comm. ctr)
Cm Staley stated that the ordinance says that if an organization
qualifies for exemption, this should be the basis for granting an
exemption to the business license tax and this is the way he will
vote. If there is a compelling reason why they should not be granted
the exemption he might feel differently but he added that he is not
sure it is even legal to deny the exemption if the ordinance reads
this way. For this reason he will vote against the motion.
Cm Turner stated that he misunderstood the motion so even though he
seconded the motion he will vote against it also. His concern is
the statement made in the report from r~r. Nolan about complaints
to police departments in other cities and he does not want to approve
the application until he knows more about this. In his opinion, if
people go to the trouble to contact the police department about a
solicitor then the problem is probably serious.
Ilrs. Reno1ski stated that there is a difference between complaints
to the police department and inquiries as to why an organization
is soliciting and she stated that it was inquiries that were made -
not complaints. She pointed out that complaints, if there were
any, are not a criteria for exemption of the business tax anyway.
She stated that they are standing on their legal rights and can see
no way the Council can oppose the exemption.
Crn Turner stated that the report from Mr. Nolan indicates that there
were several complaints to our Police Department ~'Jhen the Polish Commun-
ity Center solicited in Livermore in 1974.
MOTION FAILED 1-4 (em Staley, Turner, Cw Tirse1l and Mayor Futch
dissenting> .
cr, STALEY ~1()VED TO DIRECT THE ST,1'..H'F TO ISSUE TEE NECESSARY PER'HTS
~\7J-IEN THE ORDIHAHCr; IS COTlPLIFD FI'I'JI.
The City .7\ttorney suggested that rather than to direct the staff to
issue permits, perhaps the staff be directed to comply with the Code
which means that if these people do not qualify for other reasons
including the police permit, then the staff will not be obligated
to issue the business license permit.
cr~ ST]\LEY ~10VED TO AHEHD TEE MOTION TO InCLUDE 'I'IIl\T SOLICITORS ARE
TO COMPLY 1;JITE ".:'TJE CODPAN'D IF THEY DO NOT QUALIFY FOR OTHER REASONS,
INCLUDING THE POI..ICE PEllUIT1 r 'r.'HE STAFF HILL PO'!' BE OT3LIGl\.TED TO ISSUE
THE BUSINESS LICENSE. HOTIon SEcmm'SD BY c,;-;r TIRSELL.
C;l Tirsell asked if the Police Department has the authority to deny
issuance of the solicitation identification card if they have received
complaints or other questionable material.
The City Attorney stated that he really can't respond to this because
he does not know what policies they follow but it is his understanding
that they refuse to issue permits to people who have criminal records
or a background of using solicitations for purposes other than the
legitimate collection of money. He doesn't know what they might do
if there were complaints.
~1r. Nolan commented that when this organization was here last year
he was advised by the Police Department that one of the solicitors
was denied a permit by the Police Department.
Cw Tirsell felt the motion should cover everything. If an organization
complies with the City Code and they have to register with the Police
Department this would be the only place where regulation would occur.
Cm Turner questioned the need for a motion on this item at all. He
stated that he would really like the Police Department to clear this
up.
CH-3l-35
November 3, 1975
(Report re App. to Solicit
for Funds - Polish Comm. Ctr)
Cm Staley stated that the intent of the motion is that if there are
reservations on the part of the Police Department they will not issue
the permit but if there are no problems they will be issued the
permit.
MOTION PASSED 3-2 (Cm ~1iller and Cm Turner dissenting) .
Cr.1 HILLER MOVED THAT THE STAFF BE DIRECTED TO PREPARE AN ORDINANCE
WHICH ~VILL RESTRICT GRANTING EXEHPT BUSINESS LICENSES FOR CHARITABLE
ORGANIZATIONS UNLESS THE CHARITABLE ORGANIZATIONS ARE LOCAL AND HAVE
PREDOMINATELY LOCAL APPLICATION. MOTION SECONDED BY CW TIRSELL.
Cm Miller stated that the reason he is requesting this is because in
the past he has had complaints about organizations coming to Livermore
from the outside and annoying Livermore citizens for solicitations for
charitable organizations that turn out to be "rip-offs". He clarified
that he is not referring to the Polish Community Center. People are
willing to support local groups, including students raising money for
the band, but they do not like solicitors to request money for organi-
zations outside of the City. The motion will reflect the policies
followed in the past and approved by the public.
Mrs. Renolski stated that the Council hears only from the people who
do not like solicitations but she would estimate that 90% of the
people are in favor of solicitations for the purpose of helping
others and show extreme interest in what they are doing.
Cw Tirsell stated that she has been involved in numerous drives
and would absolutely refute what ~1rs. Renolski says. There are 600
organizations in this valley and all of them solicit for funds and
she kno,\'.1s of too nan:'l fa!'1ilies ~'1ho cannot give money to support
organizations in their O\vn area, let alone trying to give help to
organizations in San Francisco.
HD'I'IOTJ PASSED 4--1 (Cm Staley dissenting) .
RECESS
~1ayor Futch called for a brief recess after which the Council
meeting resumed with all members of the Council present.
REPORT RE APP. FOR
Ar1END. OF PUD PERHIT -
PALOMAR HORTGAGE CO.
A report was submitted by the Planning Director concerning the
application by Palomar Mortgage Company for amendment of PUD
Permit 1'10. 2, to allO\v extension of time for the development
of a shopping center north east of the intersection of 1-580
and Springtown Boulevard.
The Planning Commission has reviewed the application and recom-
mends that the permittee be granted additional time to October
7, 1976 and that the development of the shopping center be in
conformance with the proposed CN District regulations, pending
adoption by the Council. The recommendation was based on the
findings that the use is in conformance with the General Plan
and the shopping center is necessary for the well-being of the
residents of the neighborhood; the use would not be detrimental
to the neighborhood and residential development would not neces-
sarily be the best use of the land.
CM MILLER MOVED TO SET THIS ITEM FOR A PUBLIC HEARING ON NOVEMBER
24TH, SECONDED BY CM TURNER AND PASSED BY UNANIHOUS VOTE.
CH-3l-36
November 3, 1975
REPORT RE APP. FOR AMEND.
TO ZOo ORD. RE PUD -
(Carlton Group)
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE
THE APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE RELATIVE TO
THE PUD FOR THE CARLTON GROUP WAS SET FOR PUBLIC HEARING ON NOVEMBER
24, 1975.
P.C. SUMMARY OF ACTION
The Planning Commission submitted their summary of action for the
meeting of October 28, 1975.
Cm Miller requested that the Council appeal the approved variance
application of Cassel Montgomery on the east side of Hayes Street
to allow the creation of two lots or reduction of minimum lot street
frontage width from 50 ft. to 20 ft..
Cm Miller stated that the portion he would like to appeal is the
reduction of minimum lot street frontage width from 50 ft. to 20 ft.
resulting in a flag lot design for one of the two parcels.
CONSENT CALENDAR
Res. Appointing Member
to Planning Commission
A resolution was adopted appointing James L. Sadler to the Planning
Commission for the term commencing October 1, 1975.
RESOLUTION NO. 223-75
A RESOLUTION REAPPOINTING PLANNING
COMMISSIONER (James L. Sadler)
Res. Auth. Exec. of
CAL Air Commuter
Lease Agreement
A resolution was adopted authorizing execution of agreement with CAL
Air Commuter for airline operations and leasing.
RESOLUTION NO. 224-75
A RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT (California Air Commuter)
Mr. Lee mentioned that the agreement mentions a total of $2 million
insurance liability and the final draft of the agreement has been
modified to $1 million. The figure was an arbitrary one and was
changed during negotiations.
Res. Auth. Exec. of
Agree. with County re
Purchase of Tax Deeded Land
A resolution was adopted authorizing execution of agreement with Alameda
County for the purchase of tax deeded property - adjacent to Bluebell.
RESOLUTION NO. 225-75
A RESOLUTION AUTHORIZING EXECUTION OF AGREE-
MENT (County of Alameda)
CM-31-37
November 3, 1975
Report re Accident
Study - East Avenue
at Seventh Street
A written report was prepared by the Public Works Director in res-
ponse to a request by the Council for a study on accidents on East
Avenue at Seventh Street, and submitted to the Council for informa-
tional purposes.
Minutes
The following minutes were received:
Housing Authority - August 26 and September l6
Airport Advisory Committee - October 6
Design Review Committee - October 15
Cw Tirsell commented that in the Design Review Committee minutes it
was noted that a dinner has been scheduled on November 12 for mem-
bers and spouses and she would like the minutes to reflect that this
is not at the City's expense.
Cm Miller also stated that the minutes for the Design Review Committee
indicate that the Committee finally agreed to conditionally approve
plans for the donut shop, etc., and this implies that they approved
something against their better judgment. He would suggest that they
not compromise if they feel something should not be approved.
Payroll & Claims
There were 122 claims in the amount of $190,909.61 and 290 payroll
warrants in the amount of $94,962.81 for a total of $285,872.42,
dated October 21, 1975, and approved by the Director of Finance.
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM MILLER, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE,
THE CONSENT CALENDAR WAS APPROVED.
MATTERS INITIATED
BY THE STAFF
(Springtown PUD Permit)
Mr. Musso commented that earlier in the meeting he neglected to
mention that the PUD permit for the Springtown area has expired
and the application was only for continuance of the shopping
center and the only thing the Planning Commission considered.
The large apartment house complex permit has expired as well
as numerous other multiple complexes. He noted that it reverts
back to OS-A.
(Executive Session)
The City Attorney requested an executive session immediately after
the meeting to discuss condemnation matters.
CM-3l-38
November 3, 1975
(Request for Exchange
for Holiday Day)
Mr. Parness reported that he has just received a petition signed by
90 employees requesting that Veterans' Day, November ll, be sub-
stituted for the day after Christmas this year. The Police Department
and the Fire Department personnel did not sign the petition because a
change would not affect them.
Mr. Parness explained that the problem is that our holidays are
established by ordinance and in order to accomplish this request the
ordinance would have to be cancelled. There is a new state statute
which allows cities to establish holidays by resolution and this
would be preferable anyway. If the Council agrees to grant the re-
quest the Council would have to act this evening because of the timing.
Mr. Parness stated that he is not sure what the reaction of some of
our employee veterans would be if November 11th were taken from
them. The federal employees observe October 27th as Veterans' Day
and LLL employees will work on November llth and take the day after
Christmas as a holiday.
Cm Staley stated that he is opposed to the suggestion because moving
a holiday two months is a little past the limit and he is not inter-
ested in even discussing this suggestion.
Mayor Futch commented that nobody will remember that December 26th
is a holiday in lieu of Veterans' Day and the reason for the motiva-
tion.
Cm Miller stated that he appreciates the viewpoint that people like
four-day weekends and he has no objection to the request. He would
be willing to go along with the change.
Cm Turner stated that if 90 people have indicated they want a change
he has no objection to allowing it.
Cw Tirsell stated that she can appreciate both points of view.
Cm Staley stated that if people want to move holidays around, why
not say they can have so many days off per year and let them pick
them; in essence this is what they are doing.
Cm Miller stated that he sees nothing wrong with allowing people
a choice.
CM TURNER MOVED TO ADOPT AN URGENCY ORDINANCE ALLOWING THE EXCHANGE
OF VETERANS' DAY, NOVEMBER 11th, FOR THE DAY AFTER CHRISTMAS. MOTION
WAS SECONDED BY CM MILLER AND PASSED~(Cm Staley and Mayor Futch
dissenting). ~'~~~. './ ~~r ~-<:-.-.
C-1< '-Lk- tI
(
(Pleasanton Redevelop-
ment Plan)
Mr. Parness stated that he has received a copy of the Pleasanton
Redevelopment Plan, as amended, and would like direction as to what
the Council wants to do concerning the plan.
Cm Miller stated that this is rather serious because the taxpayers,
valley-wide, will be paying higher taxes as a result of this redevelop-
ment and we should take the position as presented at their public hear-
ing. He would suggest that the staff find out what the inequities are
with respect to finances having to do with Zone 7, BART and other
agencies. Cm Miller suggested that the Council oppose the mechanism
of their redevelopment plan.
CM-3l-39
November 3, 1975
(Pleasanton Redevelop-
ment Plan)
Cw Tirsell stated that she would like the statement to reflect
that as a similar City we recognize the problems of upgrading the
downtown area and the City is not opposed to that concept and wish
them luck, but not at the expense of our taxpayers.
Mr. Parness stated that if the Council is suggesting that a statement
be prepared for discussion on the next agenda, it will be too late
for the hearing.
Cm Miller stated that he would suggest that the Council receive a
draft with the agenda packet on Thursday and if none of the Counci1-
members have any objections by Friday, the material could be pre-
sented at the hearing.
(Complaints re
Safeway Store)
Cm Turner stated that he has received a number of complaints about
the lack of adequate entrances and exits from the Safeway store.
He would request that the Fire Marshall report to the Council on
this item within the next two or three weeks, through direction of
the City Manager.
(Speed Limit on
East Avenue)
em Turner stated that he saw a near tragedy the other day on East
Avenue and there was another accident at Almond and East Avenue.
He would like to see that something is done about the speed limit
and would like to request that the Council support him on an appeal
to the County Planning Commission to consider reducing the speed
limit on East Avenue between Almond Avenue and Vasco Road to 25 MPH.
Cm Turner added that it i~ his understanding the accident he referred
to at Almond and East Avenue involved another bicycle accident and
asked that the City Manager look into the accident and report back
to the Council.
The Council indicated that they felt a more reasonable speed would
be 35 MPH and Cm Turner stated that he wouldn't object to this speed
but is very concerned that a tragedy will one day occur.
Cw Tirsell stated that she would suggest asking for a 25 MPH speed
limit in hopes that it would be reduced at least to 35 MPH.
Cm Turner stated that he would also like to know what the patrol
coverage is for that area.
(Res. re FPC Advance
Payment Program)
Cm Miller stated that he has prepared and distributed a resolution
to be presented to our Congressional representatives concerning
the Federal Power Commission (FPC) advance payment program and
would like the Council to adopt it.
Cm Miller stated that there is a push for this program because
the PUC is essentially being forced to make a deal with Exxon
and it would help to send the resolution to the PUC and our
congressmen.
CM-3l-40
November 3, 1975
(FPC Advance Payments)
Mr. Beebe, Manager of the local PG&E Office, stated that he would
prefer that the Council not adopt the resolution prepared by em
Miller, this evening, because PG&E needs the Alaskan pipeline and
PG&E does not want anything to stand in their way of getting it.
They would suggest that the Council waits until the outcome of the
vote taken by the PUC is known, which should be within the next
couple of weeks.
Cm Miller stated that he appreciates the comments made by Mr. Beebe
but the reason he has prepared the resolution and would like it approv-
ed is essentially at the request of a member of the California PUC who
feels that the PUC is involved in an impossible situation with the
gas suppliers because they plav various parts of the country against
each other. He stated that with respect to the whereas and resolves,
the FPC is in this program and they should eliminate all future ad-
vance payment obligations for any transactions presently in progress
and to urge Cogress to pass legislation that would require refunds or
credit for all advance payments already made. What is really being
required is that the FPC should have a policy on the distribution of
gas and the way it is being done now is that PG&E and the rate payers
of California are being played off against other people by the gas
producers. The object is that there has to be an equitable way, and it
could be settled in court if it is inequitable, and the advance payment
program is a way for the FPC to avoid responsibility and require the
rate payers to pay for the benefit of Exxon and Arco. All of the mem-
bers of the PUC are unhappy about this situation and they are request-
ing support of this kind.
Mayor Futch stated that his understanding of the issue is that the
PUC may agree, in principle, but they don't want to gamble and take
the risk of not getting their share of the money.
Cm Miller stated that this is correct, in the present circumstance,
where the advance payment program exists and the purpose is to end
this advance paYment program because it is a game in which the pro-
ducers play various parts of the country against each other. In
this situation it is understandable why three of the Commissioners
voted for it, reluctantly, and why all five voted for a similar agree-
ment a couple of months ago. They don't know what else they can do.
The whole concept of the advance payment program is wrong and the idea
is to pursuade the FPC to get rid of the program.
Mayor Futch stated that he understands what Cm Miller is trying to
say but what Mr. Beebe is saying is that California may not receive
its share at this point in time.
Mr. Beebe stated that it will be two or three weeks before a final
decision is made by the PUC and everyone would be more enlightened
after hearing the decision.
Cm Miller stated that he can understand that PG&E is concerned that
something might happen and California might not get the gas it needs
but this is not an issue that the resolution speaks to at this point.
Mr. Beebe urged that the Council wait at least a week or two and by
that time maybe more information will be available.
Cm Staley stated that if the Council takes the position that the
advance payments are wrong in principle but are being extorted
it would seem that all Mr. Beebe is saying is that PG&E doesn't
like them any better then the Council does, but they have to be
made, and yet we shouldn't send the resolution to the PUC because
it might interfere with California's share of the gas from the
Alaskan pipeline. He stated that he can see no harm in sending
CM-3l-4l
November 3, 1975
(FPC Advance PaYments)
a resolution to the PUC that simply states the program should be
eliminated. This should not affect the pending deal.
Mr. Beebe stated that he doesn't feel there is any rush in getting
the resolution to the PUC and the decision should be known in the
near future.
Cm Miller stated that he would disagree with Mr. Beebe and feels
that it would be advantageous for the City to adopt the resolution
immediately and send it to the appropriate people.
CM MILLER MOVED TO ADOPT THE RESOLUTION. MOTION DIED FOR LACK OF
A SECOND.
Cw Tirsell stated that she feels uncomfortable about acting if
there is additional information the Council should have. She
wondered if it would be too late for the Council to respond if
the PUC doesn't vote for two weeks.
em Miller stated that he respects the view of Commissioner Ross
and he prefers to accept his view over that of PG&E's.
em Staley stated that he believes what Mr. Beebe is saying is that
their legal department has not had time to consider what the results
will be in terms of the Alaskan gas negotiations for California if
the FPC ends its pOlicy. In otherwords, is this option open to the
company and do they have sufficiently binding commitments elsewhere
in the country? They may say that they don't want to talk to Calif-
ornia if they can't get the advance payments. If this is true it
would seem that the Council should wait a week to find out if there
are commitments which could cause this situation.
Cm Miller stated that it is his understanding of this issue, from
the longer memorandum from Commissioner Ross, that the FPC
power to allocate gas supply. He stated that he is para-
the memo but they have backed away from that and have allowed
to take place in advance payments. He added that he has a
copy of the memorandum and would be happy to give it to the other
Councilmembers for review. It is very clear that if there wasn't
a second to his motion that the resolution is not about to be adopted.
He stated that when the Council feels they want to adopt it they can
go ahead.
Cm Staley stated that he believes the majority of the Council are
in favor of the resolution but the only question is whether it
must be adopted this evening or if there is time for consideration.
Mr. Beebe stated that the agreement indicates that Exxon has the
option to cancel the PG&E agreement if PUC approval is not obtained
and Exxon has the right to purchase from another state.
Cm Staley stated that even if the PUC in California proposes con-
ditions that would change the picture, it wouldn't change the basic
fact that the advance paYment policy appears to be wrong.
CM MILLER MOVED TO ADOPT THE RESOLUTION, SECONDED BY CM STALEY AND
FAILED 3-2 (Cm Turner, Cw Tirsell and Mayor Futch dissenting).
CM-3l-42
November 3, 1975
(Zone 7 Water Rates)
Cm Miller stated that the Councilmembers may have noticed from the
newspapers that Zone 7 is raising their water rates. It is very
interesting that the rate is larger than what is required to actually
pay for the cost of the plant and Zone 7 is putting the excess aside
so they will not have to go to the vote of the people for an increase
or to expand another 9 MGD. This means that Geldermann could develop
and the people wouldn't have a say on the development. He added that
this may not be the motive of Zone 7 but it could be the outcome.
It turns out that the water rate increase proposed to be levied on
all of us cannot be done because the City has a five year contract
with fixed fees. He would suggest that the City insist that the
rates remain as agreed to in the contract and urge that Zone 7 be
more reasonable about protecting the rate payers in the valley.
Cm Miller stated that, lastly, Zone 7 violated all their promises to
the voters when they passed Project II. They could have at least
had the grace to increase the water connection fees for the develop-
ers rather than to penalize the water users.
Mayor Futch stated that he feels there isn't much of a problem for
possible rate increases because the City already has a five year
contract with fixed rates.
Cm Staley stated that Zone 7 primarily services people outside of
the Livermore area and he isn't sure the Council should get involved
with rates for Zone 7 users.
Cm Miller stated that the reason he is concerned is because the Chair-
man of the Board for Zone 7 addressed the Council about Project II
and assured the City that there would not be rate increases to pay
for the project.
Cm Turner stated that he feels it is appropriate to respond to all
the voters.
Cm Miller stated that most of the City's people have Cal Water and
these people will pay the higher rates. The people are paying the
higher rates and he feels the increase is irrational.
CM MILLER MOVED TO DIRECT THE STAFF TO PREPARE AN APPROPRIATE LETTER
TO BE SENT TO ZONE 7, SECONDED BY CW TIRSELL AND PASSED BY UNANIMOUS
VOTE.
(Hospital Board/Hosp. Move)
Cm Miller stated that Cw Tirsell was going to contact the Comprehensive
Health Care people concerning the move of Valley Memorial Hospital.
Cw Tirsell stated that the hospital is purchasing land and they are
closing the deal.
Cm Miller stated that the point is whether the hospital can actually
move is up to the Comprehensive Health Care Board. The hospital board
can purchase land if they choose.
Cw Tirsell stated that she and Cm Turner have discussed contacting
the Comprehensive Health Care Board but they really don't know what
can be done and the whole thing is very discouraging.
CM-3l-43
November 3, 1975
(County Offices)
Cm Miller suggested that the Council urge the County not to use
extra taxpayer money in locating a County center, but to use the
existing Santa Rita site which is owned by the County, because they
will be voting on this issue.
The Council concurred.
Cm Turner stated that he believes the dollar difference in
of using another site and using the Santa Rita site should
be brought to the attention of the voters and tax payers.
that he has heard there is a difference of $700,000.
the cost
really
He stated
(Transportation Seminar - COVA)
Cw Tirsell stated that the Council was all invited to a Transportation
Seminar at COVA a week from.Thursday, November 13, at the Shannon
Center. She stated that the BART representative would be there and
a representative from AC. She urged the Councilmembers to make
reservations to attend.
.
(Park - Carlton Square)
CW Tirsell asked where the park was in Carlton Square. This matter
had been presented to the Council during the summer, and the Coun-
cil approved in concept what had been done, but two of the members
were gone and it was her thinking that the matter would be brought
before them again.
Mr. Parness explained that as he understood i~the owners were going
to try to sell the subdivision to another developer interest, and
a month ago when he talked to them they had retained an engineer
who is preparing the new base map, listing the new owner.
Cw Tirsell stated the problem was the setbacks in the back yard on
several lots, and they had shaved a corner off and the Council in-
dicated it had to conform to the ordinance.
Mr. Musso stated that the final map will come before the Council for
approval.
(Gas Tanks - Airport)
Cw Tirsell stated at budget time there was a discussion concerning
moving the gas tanks at the airport and she did not think the Coun-
cil had ever approved that move, and asked what had happened.
Mr. Lee explained that the work has not been commenced as yet.
Cw Tirsell asked if they had automatically approved that in approv-
ing the budget, and the City Manager stated that it was approved.
(Bike Paths -
East Avenue)
A MOTION WAS MADE BY THE MAYOR TO AUTHORIZE APPROPRIATION OF FUNDS
FOR BICYCLE PATHS IN FRONT OF THE FIRE STATEION AND ROBERT LIVERMORE
PARK ON EAST AVENUE. THE MOTION WAS SECONDED BY CM MILLER AND PASSED
UNANIMOUSLY.
The staff was directed to draft a resolution to be placed on the
agenda for the next meeting.
CM-3l-44
November 3, 1975
(Litter Control Conference)
Mayor Futch asked if the Council had received a communication re
the Conference in San Francisco on Litter Control and stated that
he received a phone call asking if someone from the staff would care
to attend. It is to be held November l4 at the Jack Tar Hotel.
(de Anza Expedition)
Mayor Futch stated he had received a letter from the committee con-
cerning the de Anza Expedition requesting funds because Livermore is
one of the cities associated with the expedition.
Cm Staley suggested that this letter be placed on the next agenda
as a communication, and the Council concurred.
PROPOSED ORDINANCE RE
ESTABLISHMENT OF OS-UR
DISTRICT ZONING FOR
CERTAIN PROPERTIES
MOTION WAS MADE BY CM TURNER, SECONDED BY CM MILLER, TO INTRODUCE
AND FILE THE ORDINANCE AMENDING ZONING ORDINANCE BY ESTABLISHMENT OF
OS-UR DISTRICT ZONING FOR CERTAIN PROPERTIES. MOTION WAS APPROVED
UNANIMOUSLY AND THE TITLE ONLY WAS READ.
REPORT FROM THE
CITY MANAGER
Shaheen Industrial Tract: Mr. Parness advised that this was com-
pleted.
Mocho Bikeway is completed and Mr. Parness suggested that the
Council take a look at it when they have the time.
Fire Station No. 1 is 35% complete.
Social Concerns Committee is surveying some 60 different agencies
in the Valley to ascertain what types of uses they may suggest for
the proposed multi-purpose building.
He has been advised that we now have a new bargaining unit being
established in the City made up of supervisory employees.
ADJOURNMENT
'I
ATTEST ~
Regular Adjourned Meeting of November 4, 1975
An adjourned regular meeting of the City Council of the City of
Livermore was held on Wednesday, November 4, 1975, at 8:05 p.m.
in Department 2 of the Municipal Court Chambers.
CM-3l-45
The meeting was requested by Hensel Phelps in order to discuss par-
tial paymen~s and retention of funds as related to the current pro-
ject under way for relocation of the railroad tracks.
Present: Cm Turner, Miller, Cw Tirsell and Mayor Futch
Absent: Cm Staley (seated later)
DISCUSSION RE RAILROAD
PROJECT WITH HENSEL-
PHELPS CONSTRUCTION CO.
At the request of Hensel Phelps a meeting was held to discuss partial
paYments and retention of funds as related to the current railroad
relocation project.
A problem with the overpass bridges has arisen and Mr. Robert Ruyle,
representing Hensel-Phelps, indicated that until this problem is
solved to the satisfaction of all concerned further discussion on
the fund retention matter will cease. The firm of Howard Needles Co.
was retained by Hensel-Phelps to make a study of the structural in-
tegrity of the piers and to come to some conclusions regarding what
can be done with the architectural appearance of the piers. Mr. Ruyle
indicated that they did not know of the problem when the meeting was
originally requested but will be working to solve this problem to
their own, the City's and the railroad's satisfaction.
The City will be kept informed as to time for the study. They are
still hoping that P Street can be opened December 1st. In answer
to a question by Mayor Futch regarding progress of the balance of
the work, Mr. Ruyle replied that work was progressing normally, and
that all work would be moving ahead in the interim when the pier in-
vestigation is going on.
Brian Robinson, Project Manager, indicated that they could possibly
open the underpasses on a temporary basis.
Mr. Ruyle requested the City designate someone to coordinate with
the City Council new items in this project, to explain the schedul-
ing problems and Mayor Futch volunteered to be the Council's repre-
sentative. A question arose as to availability of funds to complete
the project. Mr. Parness assured that there are sufficient funds
as the City envisioned the project to be. Some claims are disputed
but will be dealt w~th later. Mr. Lee explained also that some
change orders were anticipated.
Mr. Ruyle noted that there were no serious defects in the work, in
his opinion.
The meeting
c~ty C er
-Livermore, California
APPROVE
ATTEST
Special Meeting - November 6, 1975
A special meeting of the City Council was called by Mayor Futch for
Thursday, November 6, 1975, at 7:20 p.m. in the Conference Room,
City Hall, 2250 First Street, Livermore, California.
Present: Cm Staley, Tirse1l, Turner and Mayor Futch
Absent: Cm Miller
The meeting was immediately adjourp~d to an executive session for
the purpose of discussing litigation/condemnation - ACORD Property
matter.
APPROVE
City Clerk
)
Livermore, California
ATTEST
CM-3l-46
Regular Meeting of November 10, 1975
A regular meeting of the City Council of the City of Livermore was
held on November lO, 1975, in the Municipal Court Chambers, 39 South
Livermore Avenue. The meeting was called to order at 8:05 p.m. with
Mayor pro tempore Turner presiding.
ROLL CALL
Present: Cm Turner, Miller, and CW Tirsell
Absent: Mayor Futch (excused for business trip) and
Cm Staley (seated later)
PLEDGE OF ALLEGIANCE
Mayor pro tempore Turner led the Councilmembers as well as those
present in the audience, in the Pledge of Allegiance.
MINUTES - Oct. 27, 1975
Page 6, 6th paragraph from the bottom, 3rd line, delete wording
but is questioning this. Second line, end of line should read,
She stated that she is not sure.....etc.
Page 8, last paragraph, first line should read: Cm Miller stated
that it has been his suggestion to bill two of the .....etc.
Page 9, first paragraph, fourth line from the bottom should read:
newspapers with outside connections.
Page 15, concerning "Library Term", Cm Miller stated that he believes
the Council adopted the policy at that meeting that no one could serve
more than two consecutive terms and there may have been a motion to
this effect. The City Clerk was directed to review the minutes to
see if there was a motion and if there wasn't a motion there should
be a policy resolution.
ON MOTION OF CW TIRSELL, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE,
THE MINUTES FOR THE MEETING OF OCTOBER 27, 1975, WERE APPROVED AS
CORRECTED.
OPEN FORUM
(RV Vehicles)
Leonard Raye, 945 Hanover, stated that a petition concerning RV
vehicles is being circulated and one of the questions on the petition
asks what precinct the voter is in and he asked if there is a current
list available from which this information can be obtained.
The City Clerk explained that Mr. Raye would have to contact the
County Registrar of Voters because he is the only person who can
supply the list.
Mr. Raye stated that he has been told a list is available but is
being revised. He asked if a signature would be considered valid
if the voter lists the wrong precinct and the City Clerk commented
that she believes it would be valid.
The City Attorney stated that the precinct doesn't make any difference.
As long as someone is a registered voter he may sign the petition and
it does not matter if he is in one precinct or another.
Cm Miller stated that if a new list is not available the old list
could be used and the County can take care of it if a precinct has
been changed.
The City Clerk stated that this is correct.
CM-3l-47
November 10, 1975
(RV Vehicles)
Mr. Raye stated that last week Cm Staley stated that he would like to
find a case in the State of California which would indicate that a
precedent had been set concerning RV vehicles and Mr. Raye asked if
Cm Staley would give a legal point of view as to what he was looking
for.
Cm Staley stated that his understanding of a precedent is generally
a legal decision that has been rendered by a court of competent
jurisdiction, which in this case would probably be an appelate or
the Supreme Court in California, that has ruled on the point of
question.
P.H. RE LAND USE
ELEMENT OF GENERAL PLAN
A public hearing has been scheduled for the purpose of hearing testi-
mony concerning the Land Use Element of the General Plan as it relates
to commercial zoning assigned to property located in the vicinity of
portola Avenue at the 1-580 off-ramp area.
Mr. Musso explained that the Planning Commission initiated this
proposal for several reasons, one being that the state law requires
that the zoning be in conformance with the General Plan and the
particular area to be discussed does not conform. The second reason
for considering this General Plan amendment was to eliminate the
ID Zoning.
Mr. Musso explained that years ago when this property was zoned
it was done with the intention of establishing an automobile service
center for used cars, new cars, and car servicing. The Planning
Commission and the staff was directed to also consider alternate
zoning because the plans for the area did not fall under the category
of Commercial Office, Neighborhood Shopping, or Industrial/Commercial
or Retail, which resulted in a CS Zone. In the interim the property
was zoned 10 to allow for commercial type uses.
The ID zoning is obsolete and the Planning Commission would like this
zoning deleted and has adopted a CS Zone. It is also intended that
this would bring the zone into conformance with the General Plan land
use for the area. The Planning Commission initiated a General Plan
amendment for this area to recognize the commercial uses existing.
Cw Tirsell asked if the map included in the agenda packet would be
adopted as a formal portion of the General Plan map and Mr. Musso
explained that it would not. The change in the General Plan will
consist of some very minor changes. The map in the packet is far
more detailed than the General Plan would show.
Cw Tirsell stated that her only concern is that some of this is
really specific planning and some of it is general planning and
is concerned that some of the specifics might be adopted as part of
the General Plan amendment.
Mr. Musso assured cw Tirsell that they wouldn't show as part of
the amendment. The changes will be designations from ID to CS.
Mayor pro tempore Turner asked if there were communications concerning
this item and the City Clerk noted that a letter of opposition to the
proposed General Plan amendment was received from Robert Sakia, attor-
ney representing Audlan Development Company.
Mayor pro tempore Turner opened the public hearing at this time.
Robert Sakai, representing Audlan Development Company, 1137
Hayward, stated that his client is primarily concerned abou
his property designated as open space. He illustrated the a
by Audlan Development Company and noted that ingress and eg
Wallhurt,
75% of
ea owned
ess for
CM-3l-43
November 10, 1975
P.H. re Land Use Element
of General Plan
the property is difficult but if necessary it could be solved by
the installation of a traffic signal or the entrance could be
from Rincon Ave. The third suggestion would be to extend Murrieta
Blvd to North Livermore Avenue.
Cm Miller stated that he doesn't understand the last suggestion
and Mr. Sakai explained that in the past it has been proposed
by the City staff that Murrieta Blvd be extended to North Livermore
Avenue from the Las positas intersection area.
Cm Miller stated that this extension has been suggested by the
Public Works Department numerous times during the past 8-10
years and the suggestion has been rejected each time. There
are various reasons for rejecting the suggestion and one is
that it would be very costly and no public convenience would be
gained.
Cw Tirsell asked if the Council is adopting the open space desig-
nation by this General Plan amendment; the portion owned by
Audlan Development Company, or is the Council reaffirming the
residential designation of that piece of property?
Mr. Musso stated that, essentially, there is no change on the
rear portion or on the basic land use in the area. The present
General Plan shows open space along the freeway at 4 d.u./acre
in the remainder of the area. There is a small change in one
leg of the property, which he illustrated, and he stated that
if the Council wishes to avoid conflict it could be eliminated
so there is no change.
Cw Tirsell asked what the leg shows now and Mr. Musso explained
that when PU #11 was done a lot of time was spent concerning the
designation of the land use and the P.C. finally concluded that
the best solution would be that density transfers would occur
and the land use would be transfered to another location and
a portion would be open space. In the General Plan amendment
itself it hardly shows.
Cw Tirsell stated that she would like to know if the Council
would be able to show this as open space.
The City Attorney stated that ultimately the Council, if they
determine to, will have an Open Space Element to the General
Plan and under this element the Council would tend to show areas
in the City considered to be open space. He added that he is also
confused about the Land Use Element and isn't sure what Mr. Musso
has in mind.
Cw Tirsell stated that she is used to working with the old General
Plans but the map in front of the Council is confusing because she
agrees with the multiple residential, service commercial, etc., but
the only designation for this piece of property shows open space
but below it says Urban Low Residential which is a reaffirmation
of what the Council said before. If the Council is adopting a
General Plan that shows their property as open space, then she
can understand why they would be concerned. Is the Council adopt-
ing a General Plan amendment that has a specific use on the back
part of that property (Audlan Development Company) which shows
open space.
Mr. Musso stated that the General Plan designated use on the rear
half of the property now is open space (on the existing General Plan)
and the plan, as proposed, would be a minor extension of this open
space to reflect PU #11. It has been assumed that in the event the
public does not acquire the open space, the land use of the adjacent
area might be assumed. In this case it would be 4 d.u./acre.
CM-3l-49
November 10, 1975
(P.H. re Land Use
Element of General Plan)
Cm Miller stated that this was a point mentioned by Mr. Reiners at
the Planning Commission meeting - the designation does not mean acquisi-
tion and if the property is not acquired it might be something
else. There is no touch of condemnation by General Plan labeling
and if there is any concern over this perhaps a formal report could
be prepared by the City Attorney's office.
The City Attorney advised that the City Council recognize that they
are not adopting the Specific Plan which was proposed for PU #11 -
the map on the left is an apparent specific plan and probably has
been presented to give the Council some clarification as to what the
area might look like or what was discussed in the past. What the
Council is talking about is the adoption of a General Plan which
generally sets out areas of general size - for instance, residential
or commercial. It just happens that what is being adopted in this
case, is a crossover with the Open Space Element, but at this point
in time the Council is not discussing specific planning.
There was brief discussion concerning the flood plain and Cm Miller
explained to Mr. Sakai that this isn't something you need - one would
prefer not to have it.
Cw Tirsell asked Mr. Musso if the Corps of Engineers flood plain zone
has been reviewed and if this is the area indicated as a flood plain
area.
Mr. Musso stated that the staff has reviewed it and this area is shown
as a flood plain, as indicated by our consultant. The staff used
the information from the consultant - not the Corps of Engineers.
Mr. Sakai stated that as a couple of legal points, Mr. Reiners in the
past has noted that the Selby case has foreclosed any inverse con-
demnation action on their part and the Council probably realizes
that it is their contention (Audlan Development) that either Selby
doesn't apply because of other cases and because of the fact that
upon the attaching of the General Plan amendment that this property
would suffer a loss in value and they would ask for this loss in
value and secondly, upon the annexation of that property the City
would have to rezone the property from the current County zoning of
Commercial down to Open Space Zoning. Upon this action he believes
they would have very firm grounds for claiming inverse condemnation.
He stated that this is down the road and would suggest that these
problems could be avoided if the City didn't extend that open space
down to the intersection of ~~urrieta, and leave it as it appears
in the current General Plan. It does not appear that the Planning
Department was very strong in pushing the open space down that far.
Mr. Musso noted that all of that property located in the County
is not zoned commercial; about half of it is commercial and if it
were annexed to the City it is not customary to zone it for open
space. It would generally be zoned for open space only if it is
agricultural or if the public acquires it for open space purposes.
He stated that he has already informed Mr. Sakai that the City does
not zone land for purposes of adverse condemnation. The City never
has done this and he believes the City Attorney would never allow it.
Mayor pro tempore Turner suggested that perhaps the item should be
continued until the Public Works Director has had an opportunity
to discuss some of the items mentioned.
Mr. Logan stated that there is no significant problem with respect to
whether or not Mr. Lee said the property would be an appropriate flood
plain or in Flood Plain Zoning. The possibility that it might be a
CM-3l-50
November 10, 1975
(P.H. re Land Use Element
of General Plan)
flood plain area is only one of several factors in the Council's
determination of how this is to be set up in the General Plan.
The General Plan action is clearly a legislative action - the
Council is not zoning anything at this time and he would like
this to be very clear to the audience. The Council at this time
is only creating a General Plan - not zoning anything.
ON MOTION OF CW TIRSELL, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE, THE PUBLIC HEARING WAS CLOSED.
Cw Tirsell asked if the Council is required to make findings and
the City Attorney explained that the Council is not required to
make specific findings on a legislative action.
CW TIRSELL MOVED TO ADOPT THE RECOMMENDATIONS OF THE PLANNING
COMMISSION TO ADOPT THE PROPOSED LAND USE CHANGE, AS DETAILED
ON THE MAP. MOTION SECONDED BY CM MILLER.
Cw Tirsell stated that she would like to include in the Council
action, statements made to the Council and the letter from the
Planning Commission.
The City Attorney noted that the Council may make the findings
made by the Planning Commission or it can agree to the resolution
including the findings and conclusions contained within that reso-
lution.
CW TIRSELL RESTATED THE MOTION TO ADOPT THE RECOMMENDATIONS
OF THE PLANNING COMMISSION, PROVIDED THAT THE COUNCIL AGREES
WITH THEIR RESOLUTION AND THE FINDINGS THEREIN. MOTION SECON-
DED BY CM MILLER.
The City Attorney stated that if the Council has no objections
he would like to place this in the form of a resolution which
will corne back to the Council on next week's Consent Calendar.
MOTION PASSED BY UNANIMOUS VOTE.
CO~~UNICATION RE FUNDS
FOR RE-ENACTMENT OF
DE ANZA EXPEDITION
The letter received from Mayor Coniglio concerning funds for the
re-enactment of the de Anza Expedition as part of the bicentennial
year, was noted for filing.
Cw Tirsell commented that this is a prime example of what happens
to national policy as it is sifted down to the state and then to
the cities. It seems to rest on the city door-steps to provide
funding for various projects such as this. The cities have the
least amount of money and when it comes to funding a program that
would benefit so many people, it is the cities that are asked to
pay for it. All state funding has been withdrawn for this par-
ticular program and now the cities are expected to fund it.
APPEAL OF DENIAL FOR
HOME OCCUPATION ZON-
ING USE PERMIT
(Jay L. Garber)
Mr. Musso explained that the home occupation permit has been
approved for a period of a year. Prior to this, the permit
was approved at another location. The occupation is upholstry
pick-up and delivery service, requested by Jay L. Garber, 538
Oriole Avenue.
CM-31-51
November 10, 1975
(P.H. re Land Use
Element of General Plan)
Mr. Musso reported that upon renewal of the permit the staff denied
it based on complaints made by the neighbors and advertising done
by the business - this is not a use that should be operating in
a residential area. As of this date the City has not allowed this
type of activity in a residential area.
Mayor pro tempore Turner asked where the complaints came from, spe-
cifically.
Mr. Musso commented that the City can't really use the complaints as
evidence because they were unsigned letters and telephone calls,
etc.; however the complaints were the reason the occupation was
investigated and it was found that the use was more than just
an office use or telephone answering type of service~ There was
a large amount of storage of upholstry material in the garage
and also a large amount of activity connected with the use as
well as advertising the use on the premises.
Cm Staley stated that the letter from the Planning Department indicates
that most of the complaints were received after October 15th and he
would like to know if this was in response to a notice to the neighbors.
Mr. Musso indicated that this was after notices were sent.
Cm Staley asked if there had been independent complaints prior to the
notices and Mr. Musso replied there had not'been, to his knowledge.
Mr. Musso explained that the notice is that the City intends to
approve the use and neighbors have the right to appeal this decision.
A hearing is not really held at this time but people are entitled to
respond. Because of the response that was received the City did in-
vestigate further and on the City's own grounds did deny the use.
Mr. Garber, the applicant, stated that the Telephone Company requires
the address where one of the telephones are located. He also has an
answering service but couldn't list that as the address, and is the
reason he placed his own address in the telephone book. He stated
that he has substantial bills from an upholstry business in San Jose
to indicate that the work is not done from his address and that it is
used only for pick-up and delivery. Occasionally, if furniture cannot
be delivered he will store it in his garage until it can be delivered.
He stated that he is only doing this type of service to supplement his
income and he has had a permit for the past 2~ years - originally it
was for an East Avenue address.
Mr. Garber stated that he goes to school at 6:00 a.m. and generally
does not get back home until 2:00-4:00 in the afternoon and this is
the reason he has an answering service. He stated that in the past
he did some upholstering but he doesn't have the time anymore, and
the address is used for pick-up and delivery only.
Mayor pro tempore Turner asked Mr. Musso if the use would be considered
an authorized home occupation if the use consists of only telephone
answering and pick-up and delivery and Mr. Musso indicated that it would.
Mr. Musso stated that originally the use was approved as a business
office in conjunction with an effective delivery service. This does
not allow bringing the furniture to the premises and then off again
and this is where the complaints arose and the cause for the investi-
gation by the staff. The issue was bringing the furniture to the home
and storing it in the garage.
Mayor pro tempore Turner asked Mr. Garber how often the furniture
is stored on the premises and Mr. Garber replied that this is done
once or twice a month.
CM-3l-52
November 10, 1975
(Appeal re Home Occupation
Permit - Jay L. Garber)
Mayor pro tempore Turner stated that personally he does not favor
home occupations but he knows of no reason the permit should be
denied on the basis of what has been presented this evening and
according to the testimony given by Mr. Garber.
Cm Miller asked how many complaints had been received and Mr. Musso
reported that there were two telephone calls and one written response
but names were not furnished with the complaints.
Cm Miller then asked about the nature of the complaints and Mr. Musso
noted that the complaints concerned storage of materials on the prem-
ises.
Cm Miller asked if this is what the staff discovered upon investigation
and Mr. Musso stated that he does not know if that particular aspect
was checked by the staff.
Cw Tirsell stated that she is generally concerned when complaints
are expressed by neighbors, but on the other hand if people are not
willing to sign their complaints and won't give their names for the
Council to work with, it is difficult for her to try to protect their
neighborhood. She stated that there are businesses located in town
who do upholstering also but they pay for a store, the overhead,
lights, and employees. The Council tries to do everything possible
to focus commercial activity in the downtown area and to protect those
people who have a great deal of capital invested. For this reason she
agrees with the home occupation permit procedure followed by the City.
However, if Mr. Garber has only a telephone service from his home she
would vote in favor of allowing the permit. The ordinance is rather
specific and says that furniture may not be stored on the premises
and she would suggest that Mr. Garber make other arrangements. If
the furniture cannot be delivered on the day it is picked up in San
Jose, then it should not be picked up.
CW TIRSELL MOVED TO ALLOW THE PERMIT, PROVIDED THERE BE THE STIPULA-
TION THAT NO STORAGE TAKE PLACE ON THE PREMISES. THE PERMIT WILL BE
ALLOWED FOR A PERIOD OF ONE YEAR. MOTION WAS SECONDED BY CM TURNER.
Cm Staley stated that at this moment he is not sure how he will vote
on the motion but his inclination would be to vote against it for the
following reasons: Horne occupations, at best, are difficult for
neighbors to tolerate and they must be conducted in a manner so as
not to cause justified complaints. The home occupation is really
an invasion of people's living area and there are numerous businesses
in the commercial district conducting this type of business. On the
other hand, he would have to agree with what Cw Tirsell has said
about complaints that are not signed.
Cm Miller stated that he agrees with what the other Councilmembers
have said about home occupations and would vote no on this applica-
tion if the complaints had been signed. At this point he will re-
luctantly go along with the motion but the applicant should recognize
that if there are complaints made which are signed because of the
storage of furniture his permit can be revoked at any time. The
permit does not automatically run for one year. It is incumbent
upon the applicant to make sure the conditions of the permit are
satisfied so there will not be grounds for a complaint and revoca-
tion of the permit.
Mr. Logan explained that the capacity in making this determination
is termed "quasi-judicial" which means that there should be evidence
to support a Council decision.
MOTION PASSED BY UNANIMOUS VOTE.
CM-3l-53
November 10, 1975
RESOLUTION NO. 229-75
A RESOLUTION APPROVING HOME OCCUPATION ZONING
USE PERMIT (Jay L. Garber)
CONTINUED DISCUSSION RE
LAFCO RESOLUTION RE
SPHERE OF INFLUENCE
The City Council asked that the discussion continue this week concerning
the LAFCO resolution on Livermore's Sphere of Influence. LAFCO has
scheduled public hearings for December 4 and 11.
Cw Tirsell stated that she and Mayor Futch met with the City Attorney
last week to discuss the procedure for giving testimony at the LAFCO
public hearings and she asked the City Attorney if there was any
change in what was discussed as a logical procedure, and is the
time schedule still current.
Mr. Logan stated that as far as he knows it is. LAFCO was going
to set time schedules after he left and they were contemplating setting
the schedules as of the dates the Council has. If anything, the dates
the Council knows of will be the earliest dates and nothing is set
earlier than these dates. Therefore, what was discussed is basically
the position the City will take and will work with that schedule.
ern Miller stated that according the newspaper accounts, the LAFCO
staff was directed by the Commission to rewrite their report and
he wondered what this was.
Mr. Logan stated that basically it was a question of Mr. Mayne's
allegation in the original staff report, that if the Sphere of
Influence were set for Livermore on the City limits it would pre-
sume there would be no development anywhere outside of the City
limits and taking the position that the whole purpose of the Sphere
of Influence is to determine where a city will go in the future.
Mr. Murphy took a strong position that the County is a local body,
as is the City, and they could develop that area so the report really
didn't say there would be no development. The redete~ination, as
far as the argument was concerned, did not delete that portion - all
they did was add another possibility which was to draw the Sphere of
Influence line exactly like the 1973 staff recommendation which showed
the northern boundary as Hartman and Hartford roads.
Cm Miller stated that it was his understanding that this boundary was
already in their list.
Mr. Logan stated that of the first four, they took the original staff
recommendation and on the staff's own initiative determined to redraw
that because it was coincident with the proposed General Plan for the
City of Livermore, which incidently is fairly coincident with the Las
positas proposal in that they both include the real developable area
in the Las positas Valley. The staff felt that was the most reasonable
tact to take because that really delineated the issue - that there be
one unit in the east end of the Valley or two units in the east end of
the Valley. The staff felt that was extremely important and that the
Commission reach some decision on that major issue.
Cm Miller wondered if the LAFCO staff intends to approve their former
plan which includes undeveloped areas to the south because the
list indicates only the northern undeveloped areas. It would appear
that they intend to include some of the areas north and limiting
the City to the City limits on the south.
CM-3l-54
November 10, 1975
(Discussion re LAFCO Res. -
Sphere of Influence)
Mr. Logan stated that the lists are confusing because one list was
in the Environmental Impact Report that listed the four alternatives
and one list was in the staff report that listed four alternatives
and the two were not consistent. The staff said that alternatives
2 and 4 were the only viable alternatives and specifically those
are the present Sphere of Influence, as it now exists, and the
alternate Sphere of Influence which would take in the Planning Area
of the Livermore General Plan and the north would remain generally
the same throughout the south, west, and east. The other two they
cast aside as being generally unreasonable.
Cm Miller asked if they plan to consider the proposals submitted by
the City of Livermore for the entire General Plan area and Mr. Logan
stated that this was one of the two considered to be unreasonable.
Cm Miller stated that this was in the EIR and not in the staff report
but there is nothing that says Livermore's General Plan in the LAFCO
resolution before the Council.
Mr. Logan stated that it was in the staff report and believes that
it was the first alternative. It is in 3) of the LAFCO resolution
before the Council which indicates up to the County boundary on the
north and areas to the south of the City of Livermore.
Cm Miller noted that it indicates "developed areas to the south"
which means our City limits.
Mr. Logan stated that this may be just a mistake because the staff
report is spelled out in detail what they intend to do. It may be
that the staff report delineates anything south of the City in terms
of undeveloped area also but in either event they are suggesting that
the Commission not consider that.
em Miller asked if the Council would receive copies of the staff re-
port and Mr. Logan commented that the only reason the City has not
received the report is because the Commission requested that a por-
tion of it be rewritten.
Mr. Logan added that if the Council will notice, 4) of the resolu-
tion is not an accurate statement of the facts either. In fact, it
is a new alternative that was not presented initially.
Mr. Musso noted that LAFCO is having a public hearing on the EIR and
another public hearing on the Sphere of Influence.
Cw Tirsell stated that in the discussion with the City Attorney it
was felt that the City Attorney, the Mayor and the City Manager
should prepare testimony to give at the LAFCO hearing, if the
Council would concur.
CW TIRSELL MOVED TO DIRECT THE STAFF TO WORK WITH THE MAYOR ON
PREPARATION OF TESTIMONY. MOTION WAS SECONDED BY CM STALEY.
Mayor pro tempore Turner asked that the testimony be prepared in time
for the Council to review it.
The City Attorney stated that the time for submission of testimony
concerning the EIR is December 31, and this is the first item that
the City should respond to. It may be necessary, at some point in
time, to bring in Grunwald and Crawford or some other outside testi-
mony.
Cw Tirsell commented that her motion is designating those respon-
sible for the preparation of testimony but this does not mean that
they are the only persons who should give testimony.
CM-31-55
November 10, 1975
(LAFCO Res. re
Sphere of Influence)
Cm Miller stated that he will vote against the motion because he
believes the appearance before LAFCO is going to be fundamentally a
legal matter and everything that is done must be coordinated in terms
of a matter that will ultimately go to court. He stated that the motion
is to leave this to the Ma or and he would rather have the whole thing
coordinated by the Mayor.
~
Mayor pro tempore stated that Cw Tirsell asked Mr. Logan, Mr. Parness
and Mayor Futch to prepare testimony.
Cm Miller stated that he wants the primary coordinator to be the City
Attorney.
Mayor pro tempore Turner stated that he believes the primary coordina-
tor should be the Mayor with Mr. Logan as the legal advisor.
CW TIRSELL RESTATED THE MOTION - THAT THE CITY ATTORNEY, MAYOR, AND
CITY MANAGER PREPARE TESTIMONY TO BE DELIVERED AT THE LAFCO HEARING,
SECONDED BY CM STALEY AND PASSED BY UNANIMOUS VOTE.
The City Attorney commented that written testimony will be submitted
to LAFCO prior to testifying at the hearing and the Council will have
the opportunity to read the testimony in advance.
REPORT RE PARKING
REGULATION ENFORCEMENT
A report from the Chief of Police indicates that the hours available
during the week for enforcement of the parking regulations is 12
hours which has been assigned to the Police Assistant. Currently
the Police Department has assigned the Police Cadet to enforce
parking regulations for an 8 hour period on Saturdays. Total enforce-
ment per week is approximately 20 hours.
Cm Miller stated that it was not clear from the report how many hours
had been spent on enforcement of parking regulations in the past.
Mr. Parness stated that he believes the 20 hours is the number of
hours spent on the enforcement of parking regulations during the
past several months.
Cm Miller stated that this would mean there is no increase in the
amount of enforcement - everything is the same as in the past.
Mr. Parness stated that basically this is the case and that the
problem is a lack of manpower available for this purpose.
Cm Miller stated that he is not satisfied with the number of hours
spent on enforcement and that there should be more time devoted to it.
If necessary, something else should receive less attention. The
Council requested that there be additional time for the enforcement,
particularly as Christmas approaches, and this does not satisfy that
request.
Cm Staley stated that he believes there has been more devotion to
parking regulations because the Police Cadet has been assigned to
this task on Saturdays since this problem has been brought to the
attention of the Council by the merchants. Prior to the complaints
there was no enforcement on Saturdays, and this makes a big difference.
Cm Miller stated that if people have been talking to Cm Staley and
Cm Staley feels the enforcement is satisfactory he would be willing
to accept Cm Staley's judgment.
CM-3l-56
November 10, 1975
(Parking Regulations)
Cm Staley stated that he, personally, has had no feedback since
the last discussion on this item but he would assume that enforce-
ment is adequate because if it wasn't there would have been complaints
from the merchants.
Cm Miller stated that if there are complaints the Council can again
discuss the item.
Mayor pro tempore Turner stated that from the letter it is clear that
the Chief of Police is using the Police Assistant as best he can in
the number of hours available. He added that he voted in favor of
increased number of hours for this task and would be willing to con-
sider an increase in manpower for the Police Department in the form
of a Police Cadet specifically for the purpose of parking enforcement
if the Council would support this suggestion.
Cm Staley stated that he would be willing to add a Police Cadet to
the force but first he would like to know what the cost for this
addition would be.
The staff was directed to report on the cost of an additional Police
Cadet at the next Council meeting.
REPORT RE JOINT POWERS
AGREEMENT - EMERGENCY
AMBULANCE SERVICES
After months of negotiating between the three parties concerned with
the emergency services joint powers agreement, a clarifying amend-
ment to the agreement has been prepared. The amendment has been
drafted by the legal departments of each of the public agencies.
The three agencies will pay an equal share in the accumulated finan-
cial losses of the ambulance company for fiscal years 1973, 1974,
and 1975, in the amount of $32,288. The monthly subsidy would be
raised from the current $1,173 to $1,600, and lastly the amendment
specifies that any financial obligations due from or to the public
jurisdictions by the contractee shall be cleared by the end of the
fiscal year. It is recommended that a resolution authorizing execu-
tion of the amendment be adopted.
Mr. Parness reported that the Council is aware of the problem the Val-
ley has been facing on emergency ambulance services, over the past
several years. About three years ago a joint powers agreement was
drafted and finally executed and it was one of the first of its
kind in Alameda County and he is told that it was one of the pione-
ering efforts in the state for provision of emergency ambulance ser-
vices and its subsidization.
The City was alerted by the owner of the company, at that time, that
the business operations were in such a state that unless there was a
subsidy paid for this kind of service, it was going to be discontinued.
A critical problem was faced at that time at the eleventh hour and
almost under urgency conditions the three signatories to the subsequent
joint powers agreement met and formulated this arrangement. It was
decided with the concurrence of the former company owner that a
reasonable subsidy amount, based upon a competitive bid, would be
$700 per jurisdiction, per month. This seemed to be adequate enough
to take care of any deficit amounts that the company was then sus-
taining. That represented the first year of the new plan. A contract
was executed with the company which specified that the signatory agen-
cies would guarantee an amount netted to the company equal to 10%
above "allowable expenses", over revenues. Allowable expenses were
very carefully defined and it was felt that this would suffice. The
CM-31-57
November 10, 1975
(Ambulance Services Contract)
results of the administration of that contract over the three year
term has not been very satisfactory from a financial standpoint. It
might be noted that the company was sold immediately after this con-
tractural arrangement was consumated and was purchased by the Tri-
cities Ambulance Company which has been performing quite satisfactorily
since then. The problem encountered in administering the contract
and the lO% guaranteed formula was that there was a deficit in each
one of the year's operations which was post-accumulated. The first
year there was a deficit of $11,250 but the next fiscal year was begun
with a raise in the subsidy because of the cost experience the pre-
vious year with the intention that the raised subsidy and raised rates
would help pay the deficit and hopefully eliminate it. Unfortunately,
this has not happened. Rather than erasing the deficit it has com-
pounded and there has been an accumulation of debt owed to the company
for the fiscal years, 1973, 1974, and 1975, amounting to $32,288.
The joint powers signatories (Livermore, Pleasanton and the County)
have finally decided that there must be another answer to this problem
and it was felt a consultant analysis of the whole issue was in order.
Alameda County has agreed to fund the analysis which is presently under
way. The consultant has indicated that it would be about three weeks
before a conclusion is reached.
The amendment to the joint powers agreement will allow the deficits
owed to the contractor to be erased. Further, it will raise the
monthly subsidy per month, per agency, payable for the balance
of this fiscal year, which is as far as the contract goes. The
agreement was written this way purposely so as to allow an interval
to receive the consultant's study and to analyze it in hopes that
some corrective course of action can be taken.
Mr. Parness stated that this is a matter of great concern to him just
because of the financial reprecussions it has from this point on.
He stated that he does not know how the City will be able to fund the
service but if not legally obligated the City is morally obligated to
fund the service. It really is a worry.
Cm Miller stated that it is his understanding the emergency service
subsidy is supposed to take care of not all emergency service but
rather those emergency services which are not paid.
Mr. Parness indicated that this is not correct.
Cm Miller stated that he beleives people who need emergency service
are supposed to be billed by the ambulance company and if they do
not pay the cities have to pay for them.
Mr. Parness stated that this is another part of the arrangement with
the ambulance company. Those are uncollectable bills and the cities
have to guarantee to pay a portion of this amount. Another type of
payment is obligated by the signatories which is the so-called "dry
runs". All this has to do with is supplementing the amount of revenue
which the company earns through the operation of this service. He
just received statistics which indicate that it is costing the ambulance
company approximately $91 per emergency ambulance call and the amount
paid by the joint powers agencies is about $40 of the $91. The amend-
ment does not have reference to the uncollected bills, but rather
is a supplement to the total earnings of the company so they can respond
to approximately four calls per day that are emergency in nature.
ern Miller asked if the 10% profit is based on the total profits of the
company rather than profits based on their emergency service and Mr.
Parness stated that this is based on total profits of the company for
ambulance services with no reference to the transportation of indigents.
CM-3l-58
2
I
November lO, 1975
(Ambulance Service Contract)
Cm Miller stated that he has had the feeling since the beginning of
the joint powers agreement that the whole thing is a "rip off" and
the concept of providing backup for dry runs and unpaid emergency
service is one thing but to guarantee 10% on the overall operations
is not reasonable, in his opinion, and he will not vote to amend the
agreement.
Mr. Parness stated that Cm Miller is making a philosophical point and
he can't help but agree with him - this is about as repugnant as par-
tially subsidizing a hardware store that has financial difficulty.
The difference is that this is indeed an emergency type of need which
the community is going to demand and the City must afford. If it is
not done by means of a private company it must be done by the govern-
ment, which some cities do, as is done by Berkeley, Hayward, San
Leandro, and piedmont. If this service is done in-house, it would
cost the City a great deal more than if provided through the joint
powers agencies.
Cm Staley wondered what the procedure is for providing ambulance
service to the County hospital.
Mr. Parness stated that there are various procedures throughout
the County which are different than we have our here in the Valley.
We are the only area in the County wherein the County Government
is participating financially. He stated that he does know that
all areas in the County are suffering under this very problem and
under a new emergency medical service plan that has been under for-
mulation for the past year, hopefully, some of the burden will be
eased.
Cm Staley stated that he feels the same concern for guaranteeing
a 10% revenue for the overall operations but it certainly would be
reasonable to see that delivery of emergency ambulance service is
possible. Would there be any way to provide for emergency service
without subsidizing the overall operations? Apparently a schedule
is being set up in such a way that the company is guaranteed a lO%
return which is being investigated. The issue before the Council
this evening is the request to authorize the payment already owed
to the ambulance company and obviously if the City owes them money
it must be paid. What he is suggesting is that in terms of the
consultant study, he would be interested in an alternative that
would allow the signatories to provide or underwrite a subscription
of emergency ambulance service without guaranteeing a 10% profit on
all services.
,
(
Mr. Parness stated that the parties to the agreement are underwrit-
ing a guaranteed 10% above revenues for allowable expenses of just
providing emergency services for the community. This has nothing
to do with hospital bed rentals or oxygen rentals or transportation
of indigent patients or anything else. These are entries that do
not qualify even though the company does engage in them. If all
of this were something the City had to underwrite it would be an
additional 60% in cost over what is now being experienced.
Cm Miller stated that he may have misunderstood but it was his
understanding that the 10% was paid on the overall operations
for the ambulance company - not just emergency services. Mr.
Parness is now saying that the 10% is based only on the emergency
services.
Mr. Parness commented that it is based upon the cost of providing
ambulance services and the largest portion of this is emergency
responses.
Cm Miller asked if this includes transporting people by ambulance,
not on an emergency basis, and Mr. Parness stated that it does not
include this type of service.
CM-3l-59
I
November 10, 1975
(Ambulance Service Contract)
Cm Miller stated that he wants to get this item clear because it seems
to be the issue. what Mr. Parness is saying, then, is that they are
guaranteed 10% above their revenue for emergency ambulance service only.
Mr. Parness stated that it is difficult for him to define service other
than emergency service. There are many adjuncts to the business and
many of them are not qualifiable. There is a list of allowable expenses
contained in the contract and the question about what portion of the
business enterprise we are talking about cannot be definitively answered.
The major portion of the business is emergency responses but this is
only four calls per day in the way of emergency response in the Valley.
Cm Staley stated that he believes what Mr. Parness is saying is that,
basically, the purpose of the agreement is to subscribe the emergency
ambulance services but because of the way the costs are allocated in
any given situation it makes the formula complicated. For instance,
one ambulance costs so much in depreciation and there is the problem
of allocating the depreciation to emergency ambulance service as
opposed to non-emergency ambulance service.
Mr. Parness stated that this is correct.
Cm Staley stated that he is satisfied that what we are doing at this
time is authorizing money that is owed to the ambulance company and
at this point there is no choice but to pay it. However, for the
future he would like to see the reports from the consultant.
CM STALEY MOVED TO ADOPT A RESOLUTION AUTHORIZING PAYMENT OF THE
EMERGENCY AMBULANCE SERVICE SUBSIDY. MOTION WAS SECONDED BY CW
..,
TIRSELL.
Mayor pro tempore Turner stated that it irritates him that someone
~ has to be guaranteed a profit and he believes this is wrong. He
asked if the 10% profit is before taxes or after taxes have been paid.
Mr. Parness stated that this is one of the problems the coordinating
agent, Valley Memorial Hospital, had in going over the ambulance
company's books - as to whether or not it was taxable income. As
he recalls it was before taxes.
Mayor pro tempore Turner asked if this is going to be reviewed in
July 1976, and Mr. Parness stated that it will be reviewed in about
a month.
MOTION PASSED 3-1 (Cm Miller dissenting) .
RESOLUTION NO. 226-75
A RESOLUTION AUTHORIZING PAYMENT OF THE
EMERGENCY AMBULANCE SERVICE SUBSIDY
RECESS
Mayor pro tempore Turner called for a brief recess after which the
Council meeting resumed with Councilmembers Miller, Tirsell, Turner
and Staley present.
REPORT RE ISABEL AVE.
RIGHT-OF-WAY ACQUISITION
The City Manager reported that as previously authorized by the Council
the agreement with the County provides for the purchase of 19.3 acres
of property at a cost of $100,000 which is to be shared by the County.
CM-3l-60
.,
Cm Turner asked who sets the officers' salary for the ambulance service and Mr.
Parness indicated that the owner does. He also asked if this would be considered
an authorized expense and Mr. Parness indicated that it was. He also asked if
appreciation is considered in the overall computation of the 10% profit and the~~
City Manager indicated that it is. &K ~c
November 10, 1975
(re Isabel Highway)
The County will pay 45% of the cost and the City will pay the remain-
ing 55%. It is recommended that the Council adopt a resolution auth-
orizing execution of the agreement.
Mr. Parness added that the contract with the County is not firm,
binding or final. It yet has to go before the Board of Super-
visors but he believes the County would be highly in favor of seeing
Isabel Highway installed to relieve the truck traffic through Pleas-
anton. At least this is an inducement to get the County to look at
our Plan for the Isabel Highway.
Mr. Parness noted that he is concerned with Item 6, Section I. He
stated that he has discussed this item with our Supervisor and the
Director of Public Works. Public Works is concerned about having
$45,000 of the County's money reside interminably with the City
with possibly nothing happening towards development of the highway.
Mr. Parness stated that he believes this is a remote possibility
but he can appreciate this viewpoint because CAL-TRANS promised
the City that something would be done with Isabel Avenue for many
years.
There was discussion concerning liberalizing the terms of Item 6,
and they would be willing to expand the six years to ten and with
the insert of the phrase, "ten years from the date of this agreement
unless said term is extended by mutual agreement of the City and the
County". Mr. Parness stated that he firmly believes that something
will happen with respect to a highway along this alignment within
the next 10 years.
Mayor pro tempore Turner asked what would happen if the property
is purchased and then there is no highway development.
Mr. Parness stated that the title is vested with the City and it
would mean that the $45,000 would have to be paid back to the
County unless they would be willing to extend the 10 years.
Mayor pro tempore Turner aasked if this would still be considered
a good investment if there were no development in 10 years and
Mr. Parness stated he believes it would be.
Cw Tirsell noted that there is a resolution for the Council to
adopt and wondered if the portion of Item 6 can be changed to
incorporate what Mr. Parness has just said and it was noted that
this would be satisfactory.
ON MOTION OF CW TIRSELL, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE, THE RESOLUTION AUTHORIZING EXECTION OF THE AGREEMENT WAS
ADOPTED, WITH THE INCLUSION OF THE CHANGE SUGGESTED BY MR. PARNESS.
RESOLUTION NO. 227-75
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
(County of Alameda)
REPORT RE SB 634
(Bottle Bill)
A copy of SB 634 (pending bill) was distributed to the Council
at their request. SB 634 pertains to disposable containers and
will be discussed at the Alameda County Mayors Conference at their
December meeting.
Cw Tirsell stated that her concern is that no appropriation is being
made with this bill and experience has shown that any policing action,
when there is no appropriation made, means that very little happens.
CM-3l-6l
I
November 10, 1975
(SB 634 - Bottle Bill)
Cm Miller stated that this is the type of bill the Council directed
our Mayor to support and to urge support at the Mayors Conference
to be adopted locally as well as statewide. He will be doing this
at the December 3rd meeting.
Cw Tirsell stated that the Council could support this bill and the
Mayor could be aware of this and be prepared to read the bill and
then respond. The Council concurred.
The Council directed the staff to place this item on the Consent
Calendar as well as a copy of the bill for Mayor Futch at that time.
It was also requested that the resolution supporting this be placed
on the agenda at the same time.
RE PROPOSED ENERGY
CONSERVATION COMMITTEE
The Planning Commission submitted a report indicating that the
Commission is concerned with the impend~ shortage of energy. They
believe that much can be done through planning, building codes and
public expenditures for improvements that might mitigate the problem
we are facing. The Planning Commission suggests that a technical
committee be organized to prepare and submit to the Commission an
energy conservation element to be considered and presented to the
Council.
The Council concurred with the suggestion but agreed that the Council
should make the final affirmation of the appointments to the Com-
mittee.
COUNTY REFERRAL - CUP
RE RETAIL SALE OF BOATS
5715 South front Road
The Planning Commission considered referral from Alameda County
Zoning Administrator of the application of H. R. Perry for a Condi-
tional Use Permit to permit retail sales of boats and boat motors
at 5715 Southfront Road. The Planning Commission has recommended
denial of the application.
CM MILLER MOVED TO ACCEPT THE PLANNING COMMISSION'S RECOMMENDATION
FOR DENIAL OF THE APPLICATION UNTIL THEY CAN CONNECT TO THE SEWER
LINE. MOTION WAS SECONDED BY CW TIRSELL AND APPROVED UNANIMOUSLY.
COUNTY REFERRAL - REZONING
REQUEST- 6271 TESLA ROAD
(John J. Migliore)
The Planning Commission has considered the referral from the Alameda
county Planning Commission on the application of John J. Migliore for
rezoning from A (Agricultural) District to M-l (Light Industrial)
District, property located at 6271 Tesla Road for continued use of
an existing storage facility. The Planning Commission did express
its support of the specific use in that specific location but suggested
that the County find some other means for allowing the use to continue
for an additional period of time, including the possibility of
amending the "A" District to allow such a use as a Conditional Use.
The Planning Commission recommended denial of the application however
on the basis that neither the use nor the proposed zoning conforms
to the General Plan.
CM-3l-62
November lO, 1975
(Rezoning Request -
Migliori)
CW TIRSELL STATED THAT SHE WAS PREPARED TO SUPPORT THE PLANNING
COMMISSION'S RECOMMENDATION WHICH IS FOR DENIAL BUT SUPPORT OF
THE SPECIFIC USE IN THAT SPECIFIC LOCATION; MOTION WAS SECONDED
BY CM MILLER.
Cm Miller added that it was suggested that the use be allowed to
continue as a non-conforming use which he felt was the best way.
Mr. Musso explained that this was the position the Planning Commis-
sion took, however the County took the position that it was granted
a use variance for storage and since then use variances are no
longer allowed and on the expiration of that use variance it is
no longer a permitted use so this is the problem the County faced.
John Migliore, 6271 Tesla Road, read a petition that had been pre-
pared and submitted to the Board of Supervisors which supported the
storage facility and asking that the property be spot zoned so as
to allow the use to continue. Mr. Migliore stated that his attorney
had also drawn up a petition to this effect and all of his adjoin-
ing neighbors signed that petition.
Cw Tirse11 stated that both the Council and the Planning Commission
recognize that Mr. Migliore provides a very necessary and useful
service for the community and are interested that he be allowed
to continue the use, however to designate that property as indus-
trial is not something the Council is prepared to support.
Mr. Migliore stated he could understand the Council's position;
however, he wanted the Council to realize his position.
Cw Tirsell stated the City would support him in maintaining the
agricultural or conditional use in another kind of zoning, but
the Council cannot support industrial zoning.
Cm Miller stated they must be sure that their letter makes it very
clear that the Council supports some other alternative that would
allow the use but that they do not like the concept of spot zoning.
Cw Tirsell stated that the Planning Commission's letter supports
the Council's finding, but they should add a statement in the
third paragraph as follows: "The Council finds that the use is of
a service to Livermore and that they would support its continued
use, however not as an industrial area."
Marlin Ebert, 1447 Sunset Drive, stated that he stores his boat
at the facility and was notified that this matter was pending,
and from the meeting tonight he understands that an alternative
is possible and asked if the Council felt that alternatives were
possible, and if there were factual basis for an alternative.
The Council stated that this was entirely up to the Board of
Supervisors, but the Council would prefer that the use remain as
it is presently.
Mr. Ebert stated further that there are other very nice storage
places now available but they are terribly expensive, whereas the
storage that Mr. Migliore provides is very reasonable, and he
felt that the people who used the storage controlled the situation
extremely well.
ern Staled asked what possible action that the Board of Supervisors
can take on this application.
CM-31-63
November 10, 1975
(Rezoning Request
- Migliori)
Mr. Musso stated that the County 1) could zone the parcel industrial
or some other zone that allows the use as a permitted use, 2)
they could go to a PD District and allow a PUD permit or 3) amend
the County agricultural zone to consider this as a conditional use.
Those are the three practical uses - the other is to try to establish
some vested interest as far as being a non-conforming use which is
strictly up the County Planning Department or County Council.
em Miller stated that the Industrial zoning and PD are spot zonings,
of a kind, but it is the Council's intention to recommend not that
they rezone, but provide some other alternative that would not create
spot zoning.
Mr. Musso stated that if this parcel were rezoned to Industrial it
would possibly put the neighbors in a different category also as far
as taxation.
CW TIRSELL REFERRED BACK TO HER MOTION THAT SHE WOULD SUPPORT THE
PLANNING COMMISSION'S RECOMMENDATION, BUT ADD THE WORDS THAT THE CITY
RECOGNIZES THE IMPORTANCE OF THIS USE HOWEVER THE COUNCIL IS CONCERNED
ABOUT ANY SPOT ZONING IN THE AREA SUCH AS INOUSTRIAL OR PD AND ALSO
THE ASSESSMENT ON ADJOINING PROPERTIES SHOULD SPOT ZONING BE ALLOWED.
THE COUNCIL WOULD PREFER THAT THE USE BE ALLOWED AND, HOPEFULLY, CAN
BE ALLOWED IN THE AGRICULTURAL AREA OR BY NON-CONFORMING USE. CM
MILLER SECONDED THE MOTION.
The City Attorney pointed out that this probably would not qualify
as a non-conforming use as the agricultural zoning was set in that
area long before this use ever came into effect. To be a non-con-
forming use it has to be a use in effect at the time it is zoned.
The Council concurred that the County be urged to find a way to allow
the present use to continue without spot zoning changes.
A VOTE WAS TAKEN ON THE MOTION AND PASSED UNANIMOUSLY.
SOLID WASTE MANAGEMENT
PLAN AND DRAFT EIR
A report was submitted by the Planning Commission concerning the
Solid Waste Management Plan and Draft EIR.
The Council indicated that they had held public hearings regarding
the Solid Waste Management as prescribed and a resolution approving
the plan had been adopted and forwarded to the Board of Supervisors
and County Planning Commission.
SUMMARY PLANNING COMMISSION
MEETING NOVEMBER 4, 1975
A summary of the action taken at the Planning Commission meeting of
November 4 was presented to the Council.
CM MILLER APPEALED THE ACTION ON THE PLANNING COMMISSION CONCERNING
THE VARIANCE APPLICATION OF CHRIS BERATLIS FOR 6 LOTS AT THE SE CORNER
OF WALL STREET AND STANLEY BLVD.
The City Clerk advised that this matter will probably be set for the
meeting of November 24.
Mayor pro tempore Turner stated the Council's appreciation of the
summary of action report prepared by the Planning Commission in that
it gave the Council an opportunity to appeal an item if warranted.
CM-3l-64
November 10, 1975
CONSENT CALENDAR
(Appointment of Member
to Library Board)
ON MOTION OF CM MILLER, SECONDED BY CW TIRSELL, THE FOLLOWING RESO-
LUTION APPOINTING ROGENE FIELDS TO THE LIBRARY BOARD WAS APPROVED:
RESOLUTION NO. 228-75
A RESOLUXION APPOINTING MEMBER TO LIBRARY BOARD
(Rogene Fields)
Cm Miller asked that a letter of thanks be sent to Arthur Henry for
his able and long term of service.
(Lease re Exxon Parcel)
This item was removed from the Consent Calendar for discussion.
Cm Staley stated that his objection to the lease was the same as that
of the Beautification Committee - the cost of $8,000 for beautifica-
tion of the lot which would be an unjustifiable expenditure for
a one year lease. Cm Staley also questioned the $1,200 for the
lease amount.
Mr. Parness explained that Exxon receives that amount for the ad-
vertising billboards on the property, and added that he had
appealed to the company in an attempt to get the lease term extended
claiming that if the City was going to install costly improvements,
it should be for a longer period, but the company merely wrote back
their heartfelt sympathy.
Cm Staley stated he also objected to paying a first and last install-
ment as the City should not be required to do that.
Cw Tirsell reminded the Council that they had endorsed the idea for
beautification of the lot and were aware of the price at the time
the lease proposal was submitted and had referred it to the Beautifica-
tion Committee who reported back with suggestions for partial or
full improvements. CW TIRSELL MOVED THAT THEY ENCOURAGE PARTIAL
IMPROVEMENT OF THE SITE AND REMOVABLE OBJECTS, IF POSSIBLE. She
felt that much could be done with plants and questioned the estimated
cost. CW TIRSELL RESTATED HER MOTION THAT THE COUNCIL APPROVE THE
LEASE AND AUTHORIZE PARTIAL IMPROVEMENTS. MAYOR PRO TEMPORE TURNER
SECONDED THE MOTION.
Cm Miller stated his reason for hesitating was that he felt the
Council should explore the lease-purchase aspect even though he did
not believe that Exxon would agree.
Mr. Parness advised the Council that they had already explored the
possibility of purchase, and Exxon indicated their willingness to
sell, but the purchase price was about $70,000.
CW Tirsell stated that if they had not pursued a lease-purchase as-
pect, that she would suggest that this be done.
CW TIRSELL WITHDREW HER MOTION AT THIS TIME.
The Council discussed the terms of the lease, and Cm Staley stated
he would prefer to continue the approval of the lease until the
Beautification Committee reports back to the Council with a less
expensive plan for beautification of the site. He felt with the
one year term of the lease, it would be very difficult to justify
anything more than the lease price itself.
CM-31-65
November lO, 1975
(Lease of Exxon Property)
em Miller stated that even though Exxon had refused to consider an
extended lease, that the staff try one more time, and Cw Tirsell
stated that the lease with Mr. Mehran was up at this time, and that
was the reason for the urgency to execute a lease. If the City
executes the lease with Exxon, then Mr. Mehran will be forced to abate
the sign.
MAYOR PRO TEMPORE TURNER SUGGESTED THAT THE STAFF BE DIRECTED TO
PREPARE A RESOLUTION AND IN THE MEANTIME THEY CAN EXPLORE THE POSSI-
BILITY OF A LONGER LEASE.
Mr. Parness referred to a letter he had received from Exxon which
stated that the first one year period of the lease would be firm,
and thereafter either party shall have a cancellation prive1ege with
a six-month written notice to the other. The letter went on to say
that the staff's request for an initial term of five years was given
consideration however the amount of the proposed rental was far short
of an acceptable return on the market value and Exxon's investment
in the property and they could not lease the property on a long term
basis. By removal of the billboards, Exxon's return on the property
was being reduced by 50%.
CW TIRSELL MOVED TO HAVE THE STAFF DRAW UP A RESOLUTION APPROVING
EXECUTION OF THE LEASE AS DRAWN UP, SECONDED BY MAYOR PRO TEM, AND
DID NOT PASS DUE TO A TIE VOTE, CM MILLER AND STALEY DISSENTING.
MAYOR PRO TEMPORE TURNER MOVED TO SET THE ITEM OVER FOR TWO WEEKS,
SECONDED BY CM MILLER.
Cm Staley suggested that they instruct that the resolution be drawn
up to come back at that time. Cm Staley asked also if the item
concerning the deposit not negotiable, and the staff was asked to
check into that also.
A VOTE WAS TAKEN ON THE MOTION WHICH PASSED UNANIMOUSLY.
MATTERS INITIATED BY
STAFF
(Quarry)
Mr. Musso advised that the matter concerning the quarry on Stanley
Boulevard would be coming before the County Board of Supervisors again
soon and asked the Council if they wished to take a position on that.
The Planning Commission has taken their position - they are opposed
to the grade of the slope especially.
Mayor pro tempore Turner asked that this item be placed on the Council
agenda for discussion.
agend
(Washington Health District
Citizen's Advisory Counsel)
Mr. Don Bradley stated that the last several years he has represented
the City on the District Citizen's Advisory Council for the Livermore-
Amador Valley area, a group of some 2l members who advise the Health
Care Services Agency of Alameda County. It is that time of year
when we have to indicate our interest in serving, and the thought
occurred to him that now that we have the Social Concerns Committee,
perhaps it should be a citizen who represents the City on this
group and this member could come from the Social Concerns Committee.
He asked the Council for their thinking on this matter.
The Council felt this was an excellent idea and suggested that this
be put to the Social Concerns Committee for them to pick a representa-
tive to be confirmed by the Council.
CM-3l-66
November lO, 1975
(Galloway Park Area)
Mr. Parness stated that the Council was briefed a couple of weeks
ago about the interest of the new owner of the Galloway Park area
indicating that the staff has negotiated for that purchase and he
explained that the same owner owns the balance of the property
which together totals 68 acres. As instructed he has written to
LARPD concerning any aid they might foresee, however he has not
received a reply. The owner is still interested in selling the
whole piece to the City for a reasonable price. He asked the
Council if they were still interested in acquiring the 68 acres.
Cm Miller stated the staff might ask for all the alternates of the
land to the north and the Council agreed.
MATTERS INITIATED
BY COUNCIL
(Executive Sessions)
Cm Staley stated that traditionally the Council holds executive
sessions after the meeting, and asked if there might be any interest
in holding the sessions prior to the meeting. He would prefer to
begin a Council meeting at 7 p.m. if there is to be an executive
session rather try to make decisions at 11:30 or 12:30 p.m.
It was suggested that this subject be placed on the Council agenda
for the meeting of November 24.
(Sister City Anniversary)
Cm Staley stated that Quezaltenango, our Sister City, has celebrated
their l50th Anniversary, and felt that the Council should do some-
thing suitable for the occasion. The celebration took place between
the 20th and 30th of October and representatives from all the South-
ern American countries participated. He did not know what the Council
could do at this time.
The City Manager was asked to think of something that could be done.
(7th Street as Through
Street)
Cw Tirse1l stated that she had been asked if 7th Street could be
made a through street as there are many people who ride their bikes
from Vancouver area, across the bridge, down College Avenue and then
take 7th Street and come out on East Avenue thus avoiding 4th St.
Cw Tirse11 asked if this possibility could be explored.
(Signs)
Cm Miller stated that Ozzie Davis still has a sign up
turned down by the Planning Commission some time ago.
about the Texaco sign which he felt was amortized some
and Mr. Musso explained that this was being handled.
that was
He asked
time ago,
(Complaint re Hillcrest
Signal Light)
Cm Miller stated he has had complaints from people stating that the
yellow light on Hillcrest is so short that it is impossible to
get through it and asked if this could be checked.
CM-3l-67
November 10, 1975
(Meeting -Alameda County
Compo Health Care Committee)
The City Manager was asked to set up a meeting with the Alameda
County Comprehensive Health Care Committee sometime other than
a Thursday night for Cm Turner and Cw Tirsell.
(City Hall Plans)
Mayor Pro Tempore Turner asked the staff if they could dust off some
of the old plans for the proposed City Hall as he would like to look
into the feasibility of a new City Hall.
PROPOSED ORDINANCE RE
RESIDENTIAL BUILDING
RECORDS - SEC. 6.40
A report and proposed ordinance was submitted by the Chief Building
Inspector re amendment of Sec. 6.40, Article VII, Ch. 6 of the City
Code concerning residential building records.
Cm Miller stated he could not understand the reason for the suggested
change, and Mr. Street explained that the code now requires a report
of residential zoning record on sale of a residence but it exempts
all first sales in a subdivision not more than two years old. There
are several subdivisions which are older than that and the houses
are still being constructed and the houses are going to be subject
to a report of residential building records. He sees no point in
issuing such a report on a brand new house.
Cm Miller stated that was not true as one of the purposes for the
residential building records was to make sure that all street assess-
ments, liens, etc. were disclosed to the purchasers, and the two
year exemption had something to do with state statute. The exemption
for the first sale of the subdivision is only a measure of the power
of the subdividers to exempt themselves from regulation of the law.
He felt the need was the same on a new house as on an old one.
Cm Staley questioned if the house is exempt for two years, what
changes at the end of that time would make it necessary on a brand
new house.
Cm Miller stated things change with respect to zoning requirements
in the course of time, and the point of the residential building
records is to make sure that the history of the zoning is available
to any purchaser.
Cm Staley asked what information is furnished in this report, which
was explained by Mr. Street.
CM MILLER MOVED THAT THE PROPOSED ORDINANCE BE TABLED, SECONDED
BY CW TIRSELL, AND MOTION PASSED 3-1 WITH CM STALEY ABSTAINING,
MAYOR FUTCH ABSENT.
PROPOSED ORDINANCE RE
REGULATIONS RE GAS
The Chief Building Inspector had reported that Ch. 11 of the City
Code should have been deleted by adoption of the Uniform Plumbing
Code and submitted a proposed ordinance.
CM MILLER MOVED THE FIRST READING OF THE ORDINANCE AMENDING THE
LIVERMORE CITY CODE BY REPEAL OF CHAPTER ll, RELATING TO GAS.
MOTION WAS SECONDED BY CW TIRSELL, AND PASSED UNANIMOUSLY, AND
TITLE ONLY READ.
CM-3l-68
November 10, 1975
PROPOSED ORDINANCE RE
OS-UR ZONING
The City Attorney suggested that the proposed ordinance regarding
OS-UR Zoning of certain parcels be continued until the new map
delineating the areas to be zoned is completed.
(East Bay Division - League
Calif. Cities Questionnaire)
Mayor Pro Tempore Turner stated he had received a questionnaire from the
East Bay Division of the League of California Cities and one of the
questions was whether or not the City would host a quarterly general
membership meeting. It was indicated that we would.
REPORT FRm-1 THE
CITY MANAGER
Public Works Items - the De Anza Way sewer line has now been com-
pleted. It was a cooperative project with the subdivider.
California Water - City Water interconnection on East Avenue has
been designed and is expected to go to bid shortly. This is in
the hands of Cal Water and is an important project.
Civic Center Irrigation Plant - due to the new addition to the
engineering City staff these plans are now being worked on.
Hydrocele treatment - this process is being used to seed
the landscaping at the new sewage treatment plant.
Off-street parking plan has now been converted to diagonal parking.
The taxi plan is moving, but slowly.
Housing and Community Development Program - The City has authori-
zation to move on this program, and the first year of the plan
which has been allocated calls for planning studies to be undertaken.
This would include a site plan selection, and Mr. Parness asked
for the Council's direction in how to proceed in recruiting an
architectural firm. The City could use the architectural firm we
have for recent structures, or could give it wide circulation,
and straining of applications and interviews and references, etc.
The Council felt it would be proper to solicit proposals, and
Mr. Parness stated he would proceed on that basis.
ADJOURNMENT
There being no further business to corne before the Council, the
meeting was adjourned at 11:00 p.m.
APPROVE
M!MV
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Clerk
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ATTEST
CM-3l-69
Regular Meeting of November 17, 1975
A regular meeting of the City Council of the City of Livermore
was held on November 17, 1975, in the Municipal Court Chambers,
39 South Livermore Avenue. The meeting was called to order at
8:05 p.m. with Mayor pro tempore Turner presiding.
ROLL CALL
Present: Cm Miller, Tirsell, Turner and Staley
Absent: Mayor Futch
PLEDGE OF ALLEGIANCE
Mayor pro tempore Turner led the Councilmembers as well as those
present in the audience, in the Pledge of Allegiance.
MINUTES (Nov. 3, 1975)
Page 42, 5th paragraph from the bottom, beginning of line five should
be the word "extortion" rather than tagging.
Page 27, second paragraph, line 4 should read: her duty to represent
opinions, as expressed ~ the electorate, and the vote that was taken
on this...::-etc. -
Page 29, 4th paragraph, last line should read: time they were setting
boundaries. (Strike the remainder of the line).
Page 39, the motion on that page should indicate that it did not pass
by a 3-2 vote because this was an urgency ordinance.
ON MOTION OF CM MILLER, SECONDED BY CW TIRSELL AND BY UNANIMOUS VOTE,
THE MINUTES FOR THE MEETING OF NOVEMBER 3, 1975, WERE APPROVED AS
CORRECTED.
COMMUNICATION RE LIBRARY
FEE FOR NON-CITY RESIDENTS
A letter was received from the Library Board indicating that the sug-
gestion of the City Council to charge fees for users of the Library
who do not live in the City would require more administrative cost
than it would be worth.
No Council action was taken concerning this item.
The letter also expressed surprise that the issue was raised at the
Council meeting and that the Board would prefer that matters such as
this be done through the staff.
Cm Miller stated that the Council can raise any issue they would like
to discuss and the reason he raised this issue was because one
of the librarians suggested that this be done. He stated that
he disagrees with the conclusion of the Board noting that 12% of
the books not returned to the Library are by people outside of
the City. He added that people in the City pay $l5-$20/year in
their taxes for use of the Library and there is no reason people
outside of the City should not pay something.
Cm Staley stated that he does not want to charge people outside the
City for the use of the Library unless it is clear that use without
charge is an infringement on the City residents using the Library.
Cm Miller felt the people in the City should not be subsidizing people
who live in the County and do not pay City taxes.
CM-3l-70
November 17, 1975
(Library User Fee)
Cm Staley stated that he would agree but in this particular case it
would be advantageous for the City not to charge a user fee because
of the administrative costs that would be involved.
Cw Tirsell commented that she has spoken with someone who has retired
from the Library Board and discovered that when the Library was being
built many of the people living outside the City donated their private
libraries to the City and the Library has been allowing service
to outside people because of the initial help in getting the Library
started.
Mayor pro tempore Turner also indicated that he would prefer not
to charge a fee for outside residents.
COMMUNICATION FROM
SCHOOL DIST. RE SEWER
CAPACITY ALLOCATION
A letter requesting that there be an exception in the ordinance with
respect to sewer allocation for land owned by public agencies which
may become surplus, for one reason or another, was received from
the School District.
Cw Tirsell wondered if the School District is referring to the Las
positas School site that has been abandoned by the School District.
Mr. Musso indicated that they would probably include the Olivina
School site, the Alameda School site and Granada II as well as
portions of the Las Positas High School site.
Cw Tirsell stated that this would mean considerable property and if
figured in would mean a considerable amount of residential housing
property available. She stated that she can appreciate that the
School District does not want to hold the property forever if they
intend to sell it but on the other hand the Council does not know
when they will sell it or file a map on it. She would be opposed
to a change in the ordinance, as requested, at this time.
Cm Staley stated that he understands that sites are reserved for
purchase by the School District but Mr. Musso explained that the
School District is concerned about the sites that have already been
purchased by them.
CW TIRSELL MOVED TO DIRECT THE STAFF TO SEND A LETTER TO THE SCHOOL
DISTRICT EXPLAINING THAT THE CITY RECOGNIZES THEIR PLIGHT AS FAR AS
SURPLUS LAND IS CONCERNED BUT OUR REMAINING CAPACITY IS ALREADY
OVERCOMMITTED TO RESIDENTIAL GROWTH AND RESERVATION WILL BE MADE
FOR INDUSTRIAL AND COMMERCIAL DEVELOPMENT. MOTION WAS SECONDED
BY CM MILLER AND PASSED BY UNANIMOUS VOTE.
MEMO RE TRANSPORTATION
IMPROVEMENT PROGRAM
A memorandum was received from the Metropolitan Transportation Com-
mission concerning the Transportation Improvement Program (TIP) which
is a mandatory preparation of a regional Transportation Improvement
Program to cover a 3 to 5 year period to include all federally fun-
ded and non-federally funded transportation projects.
ON MOTION OF CW TIRSELL, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE, THE ITEM WAS NOTED FOR FILING.
CM-31-71
November 17, 1975
LETTERS OF RESIGNATION
A letter of resignation from the Design Review Committee was submitted
by Robert Wendt.
A letter of resignation was received from Ted Jenkins a member of the
Industrial Advisory Committee.
Cm Miller asked that the staff be directed to send letters thanking
these people for their service on these committees and at the same
time ask the committees for suggestions concerning replacements.
Mayor pro temore Turner asked that any suggestions from the committees
for which appointments need to be made be submitted by December 15th.
COMMUNICATION RE SOUND
LEVEL OF BANDS AT THE
ARTS FESTIVAL '75
A letter was received from H. Bruce McFarlane which indicated that he
believes the noise level of the band at the Arts Festival was disturb-
ing to many people. He suggested that permission not be granted to
rock bands to play at future festivals or that groups be requested to
limit the noise decibels not to exceed 45 db.
Cw Tirsell suggested that the two Council representatives who communicate
with the Cultural Arts Council discuss this item with them.
Cm Miller stated that he would agree with what Mr. McFarlane has said
about the noise level of the band and that he was also disturbed by
the same rock band.
Mayor pro tempore Turner stated that the next Cultural Arts meeting
will be on December 3rd and he will discuss the matter with the
president and then bring a report back to the Council.
RESOLUTION RE ADVANCE
PAYMENT PROGRAM - PUC
The item of the FPC Advance PaYment Program was discussed by the Council
a couple of weeks ago but no action was taken pending information that
might be available to the Council from the PUC concerning their vote
with respect to the allocation of gas from the Alaskan pipeline.
Mayor pro tempore ~urner commented that the Cgunc~l postponed this
item at the request of Mr. Beebe, manager of the local PG&E Company
as he felt there should be no Council action until the PUC vote
result is known.
Mr. Beebe, from PG&E, stated that some of the facts from the PUC de-
cision have been made available. In essence, the PUC approved the
amended application - that PG&E use corporate money to advance
the cost of piping gas from Alaska. This means there will be no
charge to the consumer until gas actually flows through the lines
to the consumer. At that time the PUC will set the appropriate
rates to include the total costs. This would probably be 5-6
years away. He added that this is the way all the facilities
are built and have been built in the past. In essence, the Advance
Payment Program is not being used. He added that he would like
to clarify an error made in the newspaper saying that people would
have to pay $8/month for the pipeline - the people would be charged
only about 38~/month.
CM-3l-72
November 17, 1975
(Advance Payment Program
- Alaskan Pipeline)
Cw Tirsell commented that possibly the resolution presented by Cm
Miller concerning the FPC Advance Payment program, could be amended
to include support of the recent PUC decision reported on by Mr.
Beebe.
Cm Miller stated that he contacted the office of Commissioner Ross
and his Chief Assistant thought the PUC would be very happy with
the resolution prepared by Cm Miller. Cm Miller stated that there
is nothing in the resolution that needs to be amended.
Cw Tirsell stated that she would suggest adopting the resolution,
but in addition, express support for the PUC decision.
Cm Miller stated that he believes the portion concerning the PUC
decision should be left open - this is just one decision and it
does not mean they would do the same another time. The issue of
this particular resolution is the Advance Payment Program and the
res~lution speaks to the principle of the program being wrong.
Cm Miller added that the FPC has not made a decision. The PUC did
make a decision but the FPC is still considering the Advance Pay-
ment Program and the resolution to them and to our representatives
of Congress may persuade the FPC to eliminate the program, in its
entirety.
CM MILLER MOVED TO ADOPT THE RESOLUTION AND MOTION WAS SECONDED BY
CM STALEY FOR DISCUSSION PURPOSES.
Cm Staley noted that PG&E didn't list endorsement or opposition to
the resolution and wondered if PG&E has expressed a position.
Mr. Beebe indicated that PG&E is not taking a position. It is felt
the Council should corne to a decision concerning the resolution and
the advance payments.
Cm Staley stated that he would agree with what Cm Miller has said.
Apparently PG&E has funds by which the advance payments can be made
but this doesn't mean that every power company in California can do
this. Basically it is wrong to allow the basic supplier to bargain
among the states according to who can make the advance payments. On
this basis he would vote in favor of the motion.
MOTION PASSED BY UNANIMOUS VOTE.
RESOLUTION NO. 230-75
A RESOLUTION OPPOSING ADVANCE PAYMENT PROGRAM
APPEAL RE VARIANCE
APPLICATION - Cassel
Montgomery (Hayes St.)
At the Council meeting of November 3rd Cm Miller requested that
the Planning Commission approval of a variance concerning a site
located on Hayes Street to reduce the required frontage, be appealed.
Mr. Musso explained that the Planning Commission granted the variance
for the front yard rather than to grant a variance for the side yards.
There is also an easement involved that was to be used for the street
- a no access easement that was to have been abandoned 6-8 months ago.
He stated that there was discussion about subdividing into 5 lots and
concern over the land-locked parcel on the VanArkel property.
Cm Miller stated that his appeal referred only to
that the other variances appear to be reasonable.
REMOVE ITEM 2 WhICH ALLOWS THE FLAG LOT, SECONDED
DISCUSSION PURPOSES.
the flag lot and
CM MILLER MOVED TO
BY CW TIRSELL FOR
CM-31-73
November 17, 1975
(Resolution re Advance
Payment Program - PUC)
Cm Miller explained that Item 2, was an alternative allowing the flag
lot and what he wants is to delete the alternative having to do with
the flag lot. The City has been trying to discourage flag lots for
a long time.
Cw Tirsell stated that the objection of the flag lots is the difficulty
in getting emergency vehicles to the property behind the house.
ern Miller stated that if the Council reviews the lots that are per-
mitted, they would appear to be reasonable and feels it makes sense
to allow a variance in the case where the lot is longer than usual
and can see a case for it here.
Mayor pro tempore asked what Cm Miller's opposition is, concerning
the flag lots.
Cm Miller stated that a flag lot does not allow enough access, there
is very little frontage and as pointed out by Cw Tirsell the design
is very poor for allowing emergency vehicles to get into the area,
as well as being isolated from passing police surveillance.
Cassel Montgomery, 880 Cherokee, (applicant) stated that the flag
lot was an alternative suggested to him by the Planning Commission
and was not one that he requested. He indicated at the time that
he would not consider building on a flag lot and he has no objection
whatsoever to the motion.
MOTION PASSED BY UNANIMOUS VOTE.
The City Attorney indicated this item would appear on the Consent
Calendar next week as a resolution to formalize the Council's Action.
CONTINUED DISCUSSION RE
REQUEST FOR ENCROACHMENT
PERMIT (David Madis -
Burt Duke & Proctor's)
Several firms have requested sidewalk encroachment permits to allow
encroachments in the sidewalk and the matter was referred to the
Design Review Committee.
The Design Review Committee has reviewed the Policy Statement proposed
by the Public Works Director concerning encroachments into commercial
sidewalk areas and recommended that the policy be amended to allow
certain projecting elements, permitted by the Building Code, to
be supported on commercial sidewalk areas provided that: 1) there
be a minimum of three (3) feet clear between the face of the curb
and the column; 2) a minimum of ten (lO) ft. clear width of sidewalk
between columns and the adjacent building; and 3) the projecting
element be supported by columns attached over the exterior wall
surface of the building in such a manner that removal of the projection
will not necessitate structural changes to the building.
Mr. Lee stated that he had prepared the original suggested policy which
the Council referred to the Design Review Committee and now they
have come back with recommendations for modifications in the policy.
In addition, there are three encroachments being requested and per-
haps the Council should deal with this in two steps: l) review the
policy; and 2) consideration of the three requests for encroachments
after the policy has been established.
Mr. Lee then presented examples of what might be allowed in the way
of a projection from the building into the sidewalk area, which he
explained.
Cm Miller stated that it was not clear from the Design Review Commit-
tee's draft why a section was deleted from property lines to 10 ft.
from the base of the curb, unless this had to do with the 3 ft. plus
10 ft.
CM-3l-74
November l7, 1975
(Continued Discussion re
Request for Encroachment
Permits)
Mr. Lee explained that the encroachment would be acceptable if there
is a lO ft. opening.
CM MILLER MOVED TO ADOPT THE AMENDED POLICY STATEMENT, AS RECOMMENDED
BY THE DESIGN REVIEW COR~ITTEE. MOTION WAS SECONDED BY CW TIRSELL.
Cw Tirsell stated that the Committee expressed concern for possi-
ble increase in City liability with the proposed encroachment
policy and she asked that the City Attorney respond.
Mr. Logan stated that encroachment, per se, does not really increase
the City's liability but the question always raised is whether or
not it would be an unsafe condition of public property. He would
assume that by approving the encroachments by the staff an unsafe
encroachment would not be allowed.
Cw Tirsell asked if this would alter the sign requirements? Would
there be signs hanging down from the structure?
Mr. Musso commented that policy does not allow signs to hang from
a canopy. He could visualize the problem of people wanting to
place signs on them, and also the problem of a canopy blocking the
sign on the adjacent property.
Cm Miller stated that each application will be reviewed individually
and if it is found that a structure blocks the vision of a sign owned
by somebody else, this would have to be taken into consideration.
Cw Tirsell asked that the minutes reflect that the Council does not
want something approved that would obstruct the view of a sign owned
by somebody else because the City doesn't want a "domino" effect down
First Street.
Mr. Lee commented that any encroachment would not be allowed for the
purpose of advertisement - it would have to be for architectural
purposes.
Marcus Lipkind, 881 Los Alamos, stated that he expressed concern
the last time this item was discussed that the Council has the
authority to revoke an encroachment permit at any time in the future,
without cause. He would like the Policy Statement to reflect that
it would never be revoked capriciously.
Mr. Logan stated that he believes this is not a legal question - it
is a policy question and allows the Council to be arbitrary and
capricious if it desires. If the Council wants to have this
flexibility the Policy Statement should be adopted as it is written.
If the Council would rather have something that would offer security
to those applying for encroachment permits, then the wording could
be changed, or the "without cause" could be omitted entirely.
CW TIRSELL MOVED TO AMEND THE MOTION TO DELETE THE WORDS, "WITHOUT
CAUSE", SO ITEM 8 WOULD READ: The City shall reserve the right to
revoke the encroachment permit at any time in the future and the
permittee, or his assigns, shall promptly remove the encroachments
at his sole cost. Etc.
MOTION WAS SECONDED BY CM TURNER FOR DISCUSSION PURPOSES.
Discussion followed concerning the amended wording.
Cm Miller stated that he believes the wording, as it is, allows the
City to revoke a permit without having to go to court to do it.
CM-3l-75
November 17, 1975
(Con't Discussion re
Request for Encroachment
Permit)
AMENDMENT PASSED 3-1 (Cm Miller dissenting) .
CW TIRSELL MOVED TO AMEND THE MOTION TO AMEND NO. 3 OF THE POLICY
STATEMENT TO READ AS FOLLOWS: Any permitted encroachment is not
to be used for the purposes of advertising. MOTION FAILED FOR
LACK OF A SECOND.
Cm Miller stated that he has wording to suggest to be added as a
No. lO.
Cm Staley stated that while Cm Miller is drafting wording for No. 10
he would like to mention that he is not as familiar as some of the
other Councilmembers with the Sign Ordinance, but it would seem
that if the canopies are built the only practical type of sign would
be something appended from the canopy. He noted that in Castro Valley
there is a shopping center with numerous canopies and each shop has
a small sign hanging on the canopy identifying the particular shop.
If the Council adopts a policy of not allowing signs on the canopy
it means there will be no way of identifying the shop so it can be
seen from the sidewalk.
Mayor pro tempore Turner stated that it would be the prerogative
of the owner of the store to install a canopy or not install one.
Cm Miller stated that he belives the ordinance allows a 2 sq. ft.
sign to hang below a marquee. Also, a sign can be located on a
building either above or below the canopy parallel to the building.
CM MILLER MOVED TO ADD NO. 10, TO READ AS FOLLOWS: No encroachment
shall be permitted which (a) is used for any advertising purpose or
to support a sign, other than the 2 sq. ft. canopy sign; and (b)
will block the signs of any other business. MOTION WAS SECONDED
BY CM STALEY.
Cm Miller explained that this would mean that something like the
McDonalds arches would not be allowed because this is used for
advertising purposes and it would not be allowed.
Mr. Lipkind asked about the sign that would be allowed and Cm Miller
explained that the business would not be allowed a sign more than
l8-inches from the face of the building.
AMENDMENT PASSED BY UNANIMOUS VOTE.
MAIN MOTION PASSED UNANIMOUSLY.
Mr. Lee asked if the Council would like to introduce the ordinance
and it was concluded that the Statement Policy could be followed
as a guideline and that the ordinance would not be introduced at
this time.
REPORT RE GREENVILLE
PARK SITE ACQUISITION
A written report from the City Manager indicated that a court
judgment recently issued on the condemnation of property by the
City for the Greenville Park, established a unit value of $6,707.89
per acre. At one time the Council expressed the desire to pur-
chase adjoining property as an adjunct to the park site to pro-
vide for street exposure on the easterly side. This portion is
owned by Kissell Company who is willing to sell the property.
It is recommended that if the Council still desires City acquisi-
tion of the additional property (.6l+ acres) a motion be adopted
directing the staff to proceed with acquisition at the unit price
established by the court judgment.
CM-3l-76
November 17, 1975
(Report re Greenville
Park Site Acquisition)
CCM MILLER MOVED TO DIRECT THE STAFF TO MAKE AN OFFER TO KISSELL
COMPANY FOR THE PURCHASE OF THE .6l ACRE, MOTION SECONDED BY CM
STALEY.
Mayor pro tempore Turner asked if this would require a resolution
and it was noted that a resolution could corne back to the Council
for formalization after Kissell has agreed to the sale.
MOTION PASSED BY UNANIMOUS VOTE.
RES. RECOMMENDING
INSTALLATION OF
FREEWAY INTERCHANGE
It is recommended that the Council adopt a resolution recommending
installation of a freeway interchange at Collier Canyon Road and
I-580 to provide easier and safer access to the Junior College
campus area.
Cm Staley stated that he understands the City is being asked to
adopt a resolution so this item can be placed on the low priority
list that CAL-TRANS has.
Mr. Lee explained that the resolution would put the City on record
as desiring the access and of having the access to Collier Canyon
Road. He added that he wouldn't anticipate anything of this type
being developed in the near future because he has been told there
just is not money available and the warrants are not met. There
is some merit in letting the state know that this is important,
however, even though results in the near future are not anticipated.
He stated that the construction of the Isabel route may make a differ-
ence with respect to the timing.
Cm Staley asked if the Collier Canyon Road overpass would be rather
close to the alternate Airway Boulevard overpass and Mr. Lee supplied
a map showing the locations of the proposed overpasses noting that
the Collier Canyon overpass would be very close to the Airway Boule-
vard overpass and he explained the reason the overpasses were planned
at the specific locations.
Cm Staley stated that the overpass would represent a lot of money and
at this time he can see no reason to provide an overpass at Collier
Canyon Road. He stated that he believes the Isabel extension is
needed far more than the interchange.
Cm Miller noted that the Isabel extension would be of very little
value without an interChange.
Cm Staley stated that this is the point he is trying to make - the
interchange should be done at the time the Isabel extension is done.
Mr. Parness stated that he would like to add that if the City wants
to impress CAL-TRANS with the need of the Isabel Freeway, the
overpass is a good complimentary feature, and now with the financial
assistance of the County all of it blends together. He believes
that CAL-TRANS would be impressed with the need of developing the
interchange.
Cm Staley stated that as he understands what Mr. Parness is saying,
this would be a compliment or completion of the earlier package
of the Isabel freeway and not a highlight over the Isabel extension.
If this is the case he would change his opinion and agree to it.
CW TIRSELL MOVED TO DIRECT THE STAFF TO PREPARE A RESOLUTION FOR THE
AGENDA NEXT lVEEK TO RECOMMEND INSTALLATION OF THE INTERCHANGE AT
COLLIER CANYON ROAD, SECONDED BY CM MILLER AND PASSED UNANIMOUSLY.
CM-3l-77
November 17, 1975
REPORT RE ADDITION
OF POLICE CADET
At the November lOth Council meeting it was requested that the
staff provide information as to the cost of an additional Police
Cadet for the Police Department for the purpose of enforcing the
downtown parking time limit regulations.
A written report from the Chief of Police indicated that the pro-
jected cost for a Police Cadet for a six month period would be
$2,689.27 and the cost for the same length of time for a Police
Assistant would amount to $5,905. It is felt that the hiring of
a Police Assistant would be more desirable because a Police Cadet
is limited in the number of hours available due to school schedules.
Cm Miller noted that if the most of the parking problem takes place
during school hours, the Police Assistant would be of more value.
However, if most of the problem occurs on Saturday or after school
hours a Police Cadet would be satisfactory and a Cadet would be of
less cost to the City.
It was noted that the parking problems are primarily on Thursday
and Friday afternoons.
Cm Staley noted that the Police Cadet is a college student and it
shouldn't be too difficult to find a Cadet that could be out of
school on Thursday and Friday afternoons.
Chief Lindgren commented that the Police Department has had a prob-
lem scheduling the Police Cadets because they are majoring in Admin-
istration of Justice and all the classes are offered one time during
the week. He stated that the reason they listed the cost for the
Police Assistant is because it is felt the Assistant could assist
the Police Department in ways other than parking regulation enforce-
ment.
Mr. Parness noted that with the addition of the Police Assistant
who could be employed for 40 hours per week, the regulation of
parking could increase from the present 20 hours a week to 48 hours
per week.
Chief Lindgren stated that this would be 48 hours of enforcement,
without exception.
Cw Tirsell asked if there is a lot of processing or paper work
that is involved when parking tickets are issued and Chief Lindgren
indicated that there is not a great deal involved with the citing
of parking violations but processing is necessary when complaints
have been received, etc., but there are a number of other duties
the Police Assistant could assist with.
CW TIRSELL MOVED TO DIRECT THE STAFF TO PREPARE A RESOLUTION
APPROVING THE ADDITION OF A POLICE ASSISTANT FOR THE POLICE
DEPARTMENT, FOR THE NEXT SIX MONTHS. MOTION SECONDED BY CM
STALEY.
Mr. Parness stated that he feels compelled to bring the cost of
the Police Assistant to the attention of the Council and the
Council indicated that they were aware of the cost involved.
Mayo pro tempore Turner noted that the report from the Police Chief
demonstrated that, dollar for dollar, the Police Assistant would be
of more value.
MOTION PASSED BY UNANIMOUS VOTE.
CM-31-78
November 17, 1975
RES. RE~IMAL
SHELTER SERVICES
The current contractural arrangement with Alameda County expired
June 30th and the new agreement introduces a mechanical change
whereby the agreement will continue, annually, unless terminated
by either party. During the budget session the Council instructed
the staff to conduct studies concerning animal control, including
the possibility of re-establishing a local shelter facility.
It is recommended that a resolution authorizing execution of an
agreement with Alameda County be adopted.
CM MILLER MOVED TO ADOPT THE RESOLUTION, AS RECOMMENDED, SECONDED
BY CW TIRSELL.
Cw Tirsell stated that she believes Cm Miller asked for information
on our own shelter, during the budget session, and wondered if the
staff will be doing comparisons on the figures when this period has
expired and in the next budget.
Mr. Parness stated that the staff is trying to compile a major
study on all aspects of the Animal Control Program, in accordance
with instructions from the Council, which will be available prior
to the next budget hearing.
Mayor pro tempore Turner noted that the new agreement provides that
it would continue unless either party terminates and wondered if
there would be a review process each year, with respect to cost.
Mr. Parness stated that the staff reviews costs and there are
periodic meetings with the County staff and other cities that
are co-signatories to the arrangement.
MOTION PASSED BY UNANIMOUS VOTE.
RESOLUTION NO. 231-75
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
(County of Alameda)
CONSENT CALENDAR
Departmental Reports
The following Departmental Reports were submitted for informational
purposes:
Building Department Activity - October
Fire Department - Quarterly
Mosquito Abatement District - September
Municipal Court - September
Police Department - September and October
Res. Rejecting Claim
A resolution rejecting the claim of Michael O'Toole, in the amount
of $23,000 alleging personal injuries sustained by the claimant
was adopted.
RESOLUTION NO. 232-75
A RESOLUTION REJECTING THE CLAIM OF MICHAEL P. O'TOOLE
CM-3l-79
November 17, 1975
Report re Traffic
Flow - "J" St. Mall
A written informational report was received from the Director
of Public Works concerning the traffic flow through the "J" Street
Mall between First and Second streets.
Res. Recognizing Mid-
management Assoc. As
Bargaining Unit
A new employee's organization has been established for the purpose
of mid-management representation in labor relations matters.' In
order to have association officers entitled to represent them the
Council is required to officially recognize the Midmanagment
Association as a bargaining unit.
A resolution of regognition was adopted.
RESOLUTION NO. 233-75
A RESOLUTION RECOGNIZING THE CITY OF LIVERMORE
MIDMANAGEMENT ASSOCIATION AS A
BARGAINING UNIT
Res. re SHARED
Recruitment Program
The City Manager submitted a written report indicating that the
major participant in the SHARED Recruitment Program, Alameda
County, is not satisifed with the program and has decided to
discontinue a major portion as of December 31, and to analyze
all aspects of the program.
It is recommended that a resolution be adopted providing for
the City's participation for the current six-month term ending
December 3l, 1975.
RESOLUTION NO. 234-75
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
(County of Alameda)
Payroll & Claims
There were twenty-two claims in the amount of $112,746.58, dated November
13, 1975, and approved by the City Manager.
,
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CW TIRSELL, SECONDED BY CM STALEY AND BY UNANIMOUS
VOTE, THE CONSENT CALENDAR WAS APPROVED WITH THE DELETION OF
ITEM 5.6 (SB-634 and AB-2353) WHICH WAS POSTPONED UNTIL NEXT
WEEK.
MATTERS INITIATED
BY THE STAFF
(ACORD Res.)
The City Attorney asked that the Council adopt the ACORD settlement
resolution so that the escrow can be closed as soon as possible.
CM-3l-80
November 17, 1975
CM MILLER MOVED TO ADOPT A RESOLUTION AUTHORIZING SETTLE~mNT OF
CONDEMNATION ACTION OF ACORD, SECONDED BY CM STALEY AND PASSED
BY UNANIMOUS VOTE.
RESOLUTION NO. 235-75
A RESOLUTION AUTHORIZING SETTLEMENT OF CONDEM-
NATION ACTION (City v. Acord Investors, et al)
(Keys to City for
Dignitaries)
Mr. Parness stated that the Council requested that the staff gather
items that might be appropriate gifts for visiting dignitaries. The
staff gathered what is available in this line noting that everything
is rather expensive.
em Miller felt the keys would be a waste of money and of little
interest to any visitor. He stated that if the City wants to present
a gift to a visitor he would suggest giving a bottle of good Livermore
wine. He felt the wine would be more appreciated and would be used.
Cw Tirsell suggested the possibility of getting hand carved items
as gifts for visitors because there are a lot of people in town who
do this type of thing.
Mr. Parness commented that the problem is that there may be at
least five visitors in a group that the City would have to give
gifts to. Further discussion will be held.
~mTTERS INITIATED
BY THE COUNCIL
(Campaign Cantribution
Ordinance)
Cm Miller stated that he and Cm Turner have requested the City Attorney
to prepare amendments to the Campaign Contribution Ordinance which
will probably be before the Council next week. He stated that the
Councilmembers will probably receive a draft during the week and
would appreciate it if they would review it so that it could be
adopted at the time it is on the agenda as an urgency ordinance.
(Computerized Grocery
Store Prices)
Cm Miller stated that he received a telephone call from someone very
concerned with the proposed mechanisms for pricing in grocery stores
- the little lines on the labels, which will be used instead of showing
prices. This allows the possibility of customers not knowing what the
prices are for grocery items, or making it difficult, and also the
possibility for "rip offs".
It was pointed out that all the grocery stores intend to adopt this
method of pricing and the shopper cannot show dislike of this
method by patronizing a store which doesn't employ this means of
pricing. Cm Miller asked if it would be possible to adopt an
ordinance which would require pricing on grocery store items.
Cm Miller felt this would be an item of substantial importance to the
consumer and would like to request that the City Attorney report back
to the Council concerning this matter.
CM-31-8l
November 17, 1975
(Computerized Grocery
Store Prices con't)
Randall Jennings, 702 Moraga Drive, stated that he is the person
who telephoned Cm Miller concerning this matter and explained to
the Council how the computerized type of pricing will be used.
Mr. Jennings indicated that the unit pricing will appear in
computer language on each item and that in time the prices
will not even be available on the shelf under the item and
people will not know prices of anything unless they ask.
Cw Tirsell wondered if it is true that the price located on the
shelf will also be eliminated and suggested that the staff gather
material concerning information on this item.
Mr. Jennings stated that he would like the Council to adopt an
ordinance which would not allow the stores to eliminate notice
of prices.
ern Miller stated that everyone is familiar with the vertical
lines appearing on grocery store items and the computer reads
this and looks up what the price is for that stock number, as
recorded in a table. The point is, the price in the table can
be changed lO times an hour if the store wants to do this. The
consumer is essentially at the mercy of the grocery store on price
changes that can take place in this manner. There is no way people
can know prices unless there is some type of a reader easily
available to the consumer.
The item will be placed on the agenda within the next two weeks.
Cm Staley stated that he would like a report from the Ciy Attor-
ney as to our power to legislate on this issue.
(Resolution re
Quezaltenango)
Cm Staley stated that he had requested that a resolution be
prepared by the staff congratulating the people of Quezaltenango
for the l50th anniversary of Quezaltenango. The resolution has
been distributed to the Councilmembers and he would MOVE THAT
THE RESOLUTION EXTENDING CONGRATULATIONS TO THE PEOPLE OF
QUEZALTENANGO BE ADOPTED. MOTION WAS SECONDED BY CW TIRSELL AND
PASSED BY UNANIMOUS VOTE.
RESOLUTION NO. 236-75
RESOLUTION EXTENDING CONGRATULATIONS TO THE
PEOPLE OF THE CITY OF QUEZALTENANGO, GUATEMALA
IN HONOR OF QUEZALTENANGO'S l50th ANNIVERSARY.
(Parking Fines,
etc.)
Cm Staley stated that he had the opportunity to discuss the parking
fine schedule and other fines with Judge Lewis, and apparently there
are two separate problems involved: 1) the fine schedule has not
been updated; and 2) problems with parking citation payment.
Judge Lewis indicated that most cities collect the parking violation
fines in their own offices and only if they are delinquent do the
courts become involved with the parking fines. He has suggested
that this type of procedure be investigated for implementation
in this City.
Cm Staley stated that there may be a backlog of several thousands
of unpaid parking tickets because of the lack of enforcement
ability in municipal court.
CM-3l-82
November 17, 1975
(Parking Fines, etc.)
Cm Staley suggested that perhaps a report on this matter should be
prepared by the City Manager and a determination made as to whether
or not the parking citation fine schedule should be revised and as
to whether or not a fine should be collected by the City for a period
of time as is done in other cities. He stated that this should be
investigated and discussed as an agenda item.
Mr. Parness stated that he has asked the Police Department survey
the amount of bail that should be paid to the City in order to have
some grasp as to the total of funds that might be involved.
Cm Miller noted that if there are thousands of tickets that have
not been paid and the average ticket is $2, there could be something
in the order of $10,000 owed to the City.
Mr. Parness indicated that this could be correct but at this point
it hasn't been determined how much is involved.
(Policy re Drunk
Driving Violations)
Cm Staley commented that there has been a policy with respect to
drunk driving violations, of suspending a major portion of the fine
in return for the person agreeing to attend a school for the purpose
of rehabilitating drunk drivers. This has caused a sizeable decline
in revenues from bails because of the suspended portion of the fine.
Cm Staley stated that he believes this policy is very commendable
because drunk driving is a major social problem.
(Corps of Engineers
Policy Meeting)
Cw Tirsell stated that last Thursday she and Don Bradley attended
the meeting held by the Corps of Engineers group concerning urban
land study. She stated that they had everything ready for a public
hearing and ABAG was there as well as the State Water Quality Control
Board, Zone 7 and Pleasanton. It was evident that there is a lack
of coordination because the ABAG 208 funds are in and they won't
be ready to finalize their study until March 1. Hopefully a few of
the studies can be coordinated. She will continue to attend their
meetings and report back to the Council.
She stated that she did make the point again that our City would
oppose any point source study in this Urban Land Study and the State
Water Quality Control Board affirmed that they had sent a letter
to that effect.
em Miller stated that the City might also want to oppose any engin-
eering of flood control and water supply structures in any area not
now urbanized.
(Council Microphones)
Mayor pro tempore Turner asked if anything could be done about the
microphones in the Council Chamber, as the audience generally cannot
hear the Councilmembers.
Mr. Parness stated that the staff is regularly looking into the
microphone situation and part of the problem is the amplification
system in the building.
CM-3l-83
November 17, 1975
ORD. REPEALING
CHAPT. 11 RE GAS
ON MOTION OF CM STALEY, SECONDED BY CW TIRSELL AND BY UNANIMOUS
VOTE, THE ORDINANCE AMENDING THE LIVERMORE CITY CODE, 1959, RE-
PEALING CHAPTER 11, RELATING TO GAS, WAS ADOPTED BY THE CITY
COUNCIL.
ORDINANCE NO. 873
AN ORDINANCE AMENDING THE LIVERMORE CITY CODE, 1959,
BY THE REPEAL OF CHAPTER 11, RELATING TO GAS.
ORD. RE ASSIGNMENT
OF OS-UR DISTRICT
ON MOTION OF CM MILLER, SECONDED BY CW TIRSELL AND BY UNANIMOUS
VOTE, THE ORDINANCE AMENDMENT REGARDING THE ASSIGNMENT OF THE
OS-UR DISTRICT WAS ADOPTED.
ORDINANCE NO. 874
AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF
THE CITY OF LIVERMORE BY AMENDING SECTION 3.00 THEREOF
RELATING TO ZONING.
(Legal Matter -
CAL-TRANS)
The City Attorney noted that the City of San Marcos is having
some problems with. CAL-TRANS and asked if Mr. Lee would ex-
plain the background of the problem.
Mr. Lee stated that it is the same kind of problem the City has
had with our grant for the underpass on the railroad relocation.
The City of San Marcos has had some of the same legal problems
with the state legal advisor. The legal advisor for the state
had given a certain opinion in a manner similar to what was
done with the City of Livermore and the courts reversed that
and it is being appealed by the CAL-TRANS attorney.
Financial Support of an Amicus brief supporting San Marcus,
has been requested.
The City Attorney stated that they are requesting $100 from
only three or four cities and that this money will be used
to pay for a brief that will be written by a recent graduate
of Hastings.
Cm Staley stated that he is not sure what the Councilor City
is being asked to support and the City Attorney explained that
it is a writ of mandate to force CAL-TRANS to expend funds and
apparently CAL-TRANS is reticent to do so and CAL-TRANS has an
attorney who continually sets forth his own ideas which appar-
ently created problems for San Marcos as well as the City of
Livermore.
Cm Miller noted that we have an overpass project that we are
concerned about and wondered if Livermore would have the same
problem with the overpass.
Mr. Parness noted that there is no doubt about it - we would.
Cm Miller stated that in that case it would be justified to
support the appeal and he would like to see the details.
CM-3l-84
November 17, 1975
CITY MANAGER
t-ffiEKLY REPORT
Track Relocation Project
Mr. Parness has been told today that the consulting engineer for
the contractor on the track relocation project has finished his
investigation work and has been meeting with our engineering firm
and have jointly concurred in what must be done regarding some of
the minor defective concrete pour work and the architectural defects.
The footings around the base of the pillars will be poured, as was
originally going to be done and then additional concrete will be
poured up and around the pillars.
Water Reclamation Plant
The work for the water reclamation plant is about 95% complete but
is going slowly at this time because they have not been able to
receive some of the materials. It is anticipated that the entire
plant will be operational next month.
First & Livermore Ave. Intersection
The entire plan for the First Street, Livermore Avenue intersection
is in the hands of CAL-TRANS. They have almost finished the review
and it is anticipated that bids will be solicited on December 1.
If things are in order, the Council should be able to consider bids
in mid January for this work.
Finance Department
The Council instructed that there be an insurance analysis done
this year preparatory to receiving bids in the spring. The analysis
is underway by a consultant firm and is a very comprehensive job.
Police Department
The Police Department has just reported, today, that there is a
state statute which requires all of our police officers to receive
or renew their first aid certificates and CPR training (Cardiac
Pulmonary Relief Training) every three years.
Regrettably this will require about $6,000 in overtime which the
City did not anticipate and which was not budgeted.
Mr. Parness stated that he is looking into the possibility of
being reimbursed for the $6,000 through SB-90, but if this is
not possible the costs will have to be sustained by the City.
Bids for Police Cars
The City will be soliciting for bids for a portion of the police
cars and as the Council will recall this will be divided up between
this year and next year. Bids will be received on six compact cars.
Elaborate research has been done by a number of other cities concern-
ing the use of compact cars and it appears that experience has proven
to be fairly good. Unfortunately the milage figures are not as good
as Mr. Parness anticipated but there will probably be a 4 mile per
gallon gain, and maintenance costs will be much less.
CM-3l-85
November 17, 1975
Quarry Committee
The Quarry Committee is meeting regularly and Mr. Musso has in-
formed Mr. Parness that the companies have joined together and
have hired a consultant firm for the purpose of preparing a study
that will encompass all the operations here in the Valley, as to
environmental considerations and particularly reclamation of the
properties which now have permits and those properties forecasted
to receive permits.
Community Development Director
The final date for filing an application for the position of
Community Development Director for the City was today and 76
applications have been received.
The staff will begin the task of screening the applicants and
Mr. Parness will bring a recommendation back to the Council
as to the procedure for recruitment and selection for the
position.
Hopefully, there will be lO to l2 very highly qualified people
in this batch of applications.
Cm Staley commented that while Mr. Parness was on vacation the
Council discussed the suggestion made at one of the League
of California Citites conferences, that a Director of Community
Development should have training or experience in grant applica-
tions.
Mr. Parness noted that this subject had been mentioned to him
by Cm Miller and this would be one of the criteria.
ADJOURNMENT
Mayor pro tempore Turner adjourned the meeting at 9:50 p.m.
APPROVE
!k4 /llft:;t!
ATTEST
CM-31-86
Regular Meeting of November 24, 1975
A regular meeting of the City Council of the City of Livermore was
held on November 24, 1975, in the Municipal Court Chambers, 39
South Livermore Avenue. The meeting was called to order at 8:10
p.m. with Mayor Futch presiding:
ROLL CALL
Present: Cm Turner, Miller, Staley, Cw Tirsell and Mayor Futch
Absen t : None
PLEDGE OF ALLEGIANCE
Mayor Futch led the Counci1members as well as the audience, in
the Pledge of Allegiance.
MINUTES (Nov. 10, 1975)
P. 56, first paragraph, last word should be City Attorney - not Mayor.
P. 62, second line under CONSERVATION COMMITTEE, should indicate
impending shortage - not impendent shortage.
P. 60, after the motion authorizing payment of ambulance service
subsidy, insert the following paragraph: Cm Turner asked who sets
the officers' salary for the ambulance service and Mr. Parness indi-
cated that the owner does. He also asked if this would be considered
an authoriz7d e~~enE~~,~~~~~~Parn7ss ind~cated that it was. He.
also asked 1f ~ec1~10n 1S cons1dered 1n the overall computat10n
of the 10% profit and the City Manager indicated that it is.
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE (Mayor Futch abstaining due to absence at that meeting) THE
MINUTES FOR THE MEETING OF NOVEMBER 10, 1975, WERE APPROVED, AS
CORRECTED. THE REGULAR ADJOURNED MEETING OF NOVEMBER 4th AND THE
SPECIAL MEETING OF NOVEMBER 6th WERE APPROVED BY UNANIMOUS VOTE.
SPECIAL ITEM - BEAUTIFI-
CATION AWARDS - 1975
Mayor Futch announced the 1975 beautification awards as selected
by the Beautification Committee, as follows:
Livermore Station, 20 South ilL" Street
Valley Church of Christ, 20ll Locust Street
Hector Lopez, 342 Rincon Avenue
Robert & Gayle Hold, 525l Theresa Way
Springtown Association, 931 Larkspur Drive
Rodney and Maedean Williams, 5243 Theresa Way
Emma Shoepe, 5934 Crestmont Avenue
George and Fran Wiley, 713 South "I" Street
Timothy and Belinda Maegher, 1436 Oxford Place
Norman and Ruthie Taylor, 1023 Innsbruck Street
William and Georgia Lawrence, 2245 Norwood Road
Proctor's (Linda Galas), 2196 First Street
Security Pacific Bank, 60 South "P" Street
Park Grove Apartments, 388 Park Street
Tim Cody for a more beautiful community
OPEN FORUM
(Buenas Vidas Ranch)
Sally Bystroff, 330 Scott Street, stated that she has distributed
Buenas Vidas Youth Ranch land use program proposals to the Council
CM-31-87
November 24, 1975
(Buenas Vidas Ranch)
and thanked the Council for its long-standing support of the Buenas
Vidas project, the support and encouragement from the Council have
really meant a lot to her. She stated that it has been six months
since she addressed the Council on this item and it is now time
to go back to the County with submission of the data on the project.
Buenas Vidas would like to inform the Council as to what has been
accomplished in the six months, to seek cooperation in working out
their operating budget and lastly to again request a letter to the
County Board of Supervisors indicating the vested interest of the
City of Livermore and of our community in the continued use by Buenas
Vidas and other community groups involved.
Mrs. Bystroff stated that they have tried to demonstrate that there
has been large scale community support and at a pace that would
justify the continued existance of the use by Buenas Vidas at that
site.
She added that they were very fortunate in having the assistance
of Supervisor Murphy in the way of federal assistance. This is
located on County land and there have been numerous volunteers
that have been dedicated and have worked very hard to accomplish
a few things. They have allowed a six month period for evaluation
of the project and they are very proud about what has been accomplish-
ed in the six months. She added that it is their desire to be a
community group responsive to community needs. She then reviewed
portions of the budget which have been changed. With a license
they will be able to go through the Bay Area Placeme~t Council for
placement of youths and they will receive their group rate.
She commented that the merchants have been wonderful in making
donations to Buenas Vidas and she would request that the Council
give serious consideration to a donation of $1,500/month to cover
the costs of two youths at Buenas Vidas, in order that this can
continue to be a community based and community operational facility.
Mayor Futch stated that at this particular time it is his under-
standing that Mrs. Bystroff is informing the Council of the status
of the project and to give the Council the opportunity to think
about future requests for funding and a letter of endorsement to
the Board of Supervisors.
ON MOTION OF CW TIRSELL, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE THE COUNCIL AGREED TO SEND A LETTER OF ENDORSEMENT TO THE
COUNTY BOARD OF SUPERVISORS.
PUBLIC HEARING
RE SITE ON MURDELL
AVENUE - CARLTON GROUP
A public hearing has been scheduled to discuss six acres of land
located on Murdell Avenue owned by the Carlton Group requesting
rezoning from PD to CN and amendments to Section 19.15 relative
to neighborhood commercial and extension of permit regarding
completion date or development of that site.
Mr. Musso explained the difference between the various types of
shopping center zoning, noting that the request to remove the
shopping center zoning (by the Carlton Group) would require an
amendment to the ordinance.
CM-3l-88
November 24, 1975
(P.H. re Site on Murdell
Avenue - Carlton Group)
The P.C. felt that even though the population did not warrant the
shopping center, the convenience to the neighborhood property owners
warranted the continued existence of a shopping center, especially
in view of the fact that there may be some type of crossing of
Stanley Boulevard and the railroad tracks. It was recommended by
the P.C. that the PD zoning be amended to allow another year on
the shopping center development.
Mayor Futch asked if the P.C. discussed the possibility of reducing
the size of the shopping center because of the population that would
serve it, and Mr. Musso indicated that they did discuss reduction
in size.
Mr. Musso explained various proposals by the P.C. concerning access
and it was determined that the area was designed as a shopping center
and access should remain as originally designed.
Mario Bertone, representative of Carlton Development, stated that
they have been trying to establish a shopping center in this area
for a number of years and they have asked for an extension on the
time limit two or three times. The shopping center was nearly
started on numerous occasions but because of financial conditions
developers did not begin construction. At this time there are two
good prospects for development of the area as a shopping center.
Mr. Bertone stated that the developer interested in developing
the shopping center would not be interested in developing if the
size of the center were to be reduced. Hopefully the Council will
allow them another year for development and that something will be
started witin a year.
CM MILLER MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY CW TIRSELL,
AND PASSED BY UNANIMOUS VOTE.
CW TIRSELL MOVED TO ADOPT THE RECO~~fENDATION OF THE PLANNING COMMIS-
SION TO ALLOW EXTENSION OF TIME LIMIT FOR DEVELOPMENT OF THE SHOPPING
CENTER FROM JULY 1, 1975 TO ONE (1) YEAR AFTER FINAL ADOPTION OF
THE ORDINANCE EXTENDING SAID DATE, AND TO ADOPT THE FINDINGS AS
NOTED IN THE STAFF REPORT. MOTION WAS SECONDED BY CM TURNER.
Cm Miller stated that he is concerned about this item because Liver-
more presently has seven shopping centers equivalent to a population
of 70,000 and Livermore has a population of only 50,000. This par-
ticular parcel is very close to the Granada shopping center and very
close to the downtown shopping area. He stated that he is very con-
cerned with allowing an eighth shopping center although he can sympa-
thize with the Carlton Development people. He added that the idea of
having a neighborhood shopping center in that ..i).rea J~/no~ w~dis-
turbs him but a six acre site is very large,~w~ulrarrten~~orr~upport
something in the nature of a 7-11 Store, but not a 30,000 sq. ft.
grocery store.
Cw Tirsell stated that she would have to agree with a lot of what
Cm Miller has said and believes that this is probably one of the
reasons it has not developed up to this time. However, she is
a resident in the Sunset area and many people in the central part
of the Sunset area are flooded with people traveling back and forth
to the Granada shopping center. She stated that about 15,000 people
shop in that center for their neighborhood conveniences and this is
far more than the amount needed to support a neighborhood commercial
center. She believes that some of the traffic generated in the
Granada shopping center area would be relieved with the development
of a shopping center in the Carlton area.
CM-3l- 89
November 24, 1975
(P.H. re Site on Murde11
Avenue - Carlton Group)
MOTI~N PASSED 4-1 (Cm Miller dissenting).
It should be noted that a letter was received from Arline Higuera
opposing any commercial development in this area because the Gra-
nada Shopping Center is in the near vicinity.
An ordinance will be introduced at one of the next Council
meetings as a result of the passage of the motion.
P.H. RE AMEND. TO
PUD RE SHOPPING CENTER -
PALOMAR MORTGAGE COMPANY
A public hearing has been scheduled concerning the application of
Palomar Mortgage Company to amend PUD #2 by the extension of com-
mencement and completion dates for the shopping center and con-
ditions relative to the development.
Mr. Musso stated that this shopping center is another type of
shopping center in that it is not a CN Zoning or a PD or Planned
Development zoning. This is allowed with a permit in an agricul-
tural zone under the rules established in 1960. In the permit
there are provisions that in the event the permit expires the
permit is valid for those uses that are in existence. This time,
for the first time the P.C. took the position that if an applica-
tion was not made this would not apply for undeveloped property.
There was one application from Palomar for commercial, perpetuat-
ing the neighborhood shopping at that location. There were some
other uses that have now expired - one being the multiple zoning
which he illustrated on a map, as well as commercial across the
street.
These areas will have to come in for rezoning in order to reclaim
the uses previously approved.
Albert Strang, Secretary of Palomar Financial, of San Diego,
stated that he would request that the Council give consideration
to the Planning Commission's recommendation that the permit be
extended because it is felt that this area needs some type of
shopping services and efforts have been made to locate the small
market in a convenient location which is available for use as a
City Library in the future. The people in this area definitely
want some type of shopping and they intend to continue to seek
a developer who might wish to provide the shopping. This would
be a proper location for commercial development and they would
ask that the Council express support for this type of development
on that property.
CW Tirsell asked if anyone has shown interest in development
in the area and Mr. Strang stated that last month an inquiry
was made but there was no follow through on the part of the in-
terested party.
Cw Tirsell asked if Palomar Financial has an active program and
Mr. Strang indicated that there is a listing in the Shopping
Center Directory for the west coast.
Mr. Strang noted that there have been people who have showed
interest in development but there generally is concern over
the amount of population to be served and this is one of the
problems in getting people to develop.
CM MILLER MOVED TO ADOPT THE RECOMMENDATION OF THE P.C. TO GRANT
CM-3l-90
November 24, 1975
(P.H. re Amend to PUD re
Shopping Center - Palomar)
ADDITIONAL TIME FOR DEVELOPMENT OF THE SHOPPING CENTER, TO
OCTOBER 7, 1976, AND TO BE IN CONFORMANCE WITH CN DISTRICT
REGULATIONS. MOTION WAS SECONDED BY CM TURNER.
Cm Miller stated that the justification for his motion is the find-
ings made by the P.C., as listed in the staff report. He stated
that in his opinion this application is distinctly different from
the previous application he opposed in that this particular parcel
is isolated from other parcels that are zoned cCN. There is a segment
of the City's population that needs the services and conveniences
associated with the neighborhood commercial and the justification
for the need, with respect to this particular parcel, is very clear.
The Council expressed the desire for commercial development in this
area as soon as possible.
MOTION PASSED BY UNANIMOUS VOTE.
The City Attorney explained that there will be a resolution on this
item that will be on the agenda next week.
INCLUDED IN THE MOTION WAS THAT THE P.C. RECOMMENDATION BE ADOPTED AND
DIRECTION TO THE STAFF THAT A RESOLUTION BE PREPARED BY THE STAFF
AND PRESENTED AT THE NEXT COUNCIL MEETING.
COMMUNICATION RE
POPULATION PROJECTIONS
A letter was received from the City of Pleasanton concerning the
population projections made by the State of California and their
resolution concerning population benchmarks for inclusion in the
tentatively adopted General Plan.
This item was noted for filing.
COMMUNICATION RE NAT.
HEALTH PLANNING RESOUR-
CES DEVELOP. ACT OF 1974
A letter was received from the League of California Cities concerning
the National Health Planning and Resources Development Act of 1974
which consolidated previous legislation into one comprehensive
program for health planning and facilities development. By July l,
1976, each state will be required to designate the area-wide health
system agenccies and in California there will be l4 such agencies.
Mr. Parness stated that there has not been a great deal of informa-
tion provided about the formation of an agency in our general area
but presumably it will include Alameda and Contra Costa Counties.
He would inquire of the Council if it would be interested in this
agency, and if, so, would the Council be interested in being repre-
sented on such an agency and would the Council like the staff to
pursue this matter further.
em Miller stated that he believes it would be very much to our
advantage to be represented because this is similar to the
Comprehensive Health Council and it is important that we be repre-
sented.
The staff was directed to keep the Council informed on this matter.
CM-3l-9l
November 24, 1975
COMMUNICATION RE HR 9560 -
FED. WATER POLLUTION CON-
TROL ACT OF 1974
A letter was received from BASSA to urge support of HR 9560, the
Federal Water Pollution Control Act Amendments of 1975.
em Miller stated that this is a response to the public hearing
that was held by EPA several months ago and most of the things
BASSA has resolved appear to be very unreasonable, in his opinion.
He would recommend that the Council not support HR 9560, and that
the Council send a letter to all Bay Area Congressmen and to our
Senators to present the position taken by the Council prior to the
hearing, which is briefly that any revisions of the Federal Water
Pollution Control Act should require the following: l) that
eligible projects be restricted only to those which are simul-
taneously consistent with clean air, clean water, and energy
conservation legislation; and 2) that the funds be primarily
for cleanup and not primarily for expansion; and 3) that EPA
retain overall control.
CM MILLER MOVED THAT THE STAFF BE DIRECTED TO PREPARE A SHORT
LETTER TO BE SENT TO OUR BAY AREA CONGRESSMEN, SENATORS, AND
COMMITTEE MEMBERS, BASED ON OUR PREVIOUS TESTIMONY WHICH STRESSES
THE THREE POINTS MENTIONED ABOVE. MOTION WAS SECONDED BY CM
TURNER.
MOTION PASSED BY UNANIMOUS VOTE.
COMMUNICATION RE BART
FINANCIAL PROBLEMS
A letter was received from BART's General Manager concerning
the financial problems of BART. He indicated that he is opti-
mistic that the problems can be worked out and will be happy
to meet with representatives concerning efforts to continue
the express bus service.
Cm Turner commented that Mr. Herringer has agreed to meet with
representatives of the Valley concerning the proposed cut off
of bus service in June of 1976 and he would like to suggest that
he and Mayor Futch as well as the other representatives meet with
Mr. Herringer to discuss this problem.
Mayor Futch suggested that perhaps Mr. Herringer could attend the
January meeting but would like to know if em Turner has something
else or additional in mind.
Cm Turner stated that he would like to know how much would be
accomplished if there is a room full of people and possibly
it would be better if there were a small group of representa-
tives to ask questions.and discuss the issue.
Mayor Futch asked what Cm Turner would hope to accomplish and
Cm Turner replied that hopefully Mr. Herringer would admit it
would be a big mistake to eliminate these services.
Cw Tirsell stated that there seems to be an item Mr. Herringer
is not aware of which is that the Valley is paying the cost
of the bus service and this is not a drag on the BART budget
as has been mentioned in the past. These points need to be
made to Mr. Herringer, directly. Not only do we pay, but we
turn in a profit for BART and this has not been emphasized
strongly enough. She would agree that to get all the cities
together to talk might not be as productive as the committee
that has been meeting with BART.
CM-3l-92
November 24, 1975
(Communication re BART
Financial Problems)
Mayor Futch explained that he didn't mean that all the cities should
meet with Mr. Herrington and both Cw Tirsell and Cm Turner indicated
that they are sorry they misunderstood.
Cm Staley stated that he would suggest that before services are cut
off from the Valley that there should be pruning of expense accounts
and administrative salaries. He stated that the expense account re-
ports are very disturbing and this is something he doesn't want to
see swept under the carpet, that the point Cw Tirsell is trying
to make is that the financial problems of BART would be more severe
without the millions of dollars poured into BART from this Valley
and Contra Costa County and this point cannot be made too strongly.
The Council was asked to submit any suggestions, in writing, for
discussion during a January meeting. \
APPEAL RE VARIANCE APP.
PROPERTY AT WALL STREET
& STANLEY BLVD. - Beratlis
Cm Miller stated that he has requested appeal of the P.C. approval
of an application for a variance of the Zoning Ordinance to permit
construction of single family dwelling units at the corner of
Wall Street and Stanley Boulevard., with reduction of required setbacks.
Cm Miller stated that he asked that this item be appealed due to lack
of all the facts that went into the P.C. decision. After reviewing
all the information and public testimony he finds that he is in
disagreement with the P.C. recommendation. He stated that he believes
the findings for these types of variances cannot be made, since this
is all one big parcel and it can be redivided so that variances are
not necessary. This parcel has been zoned RG and it is now to go to
single family which would require it to go to RS Zoning. RL-6 corres-
ponds, in lot size, to RS-4 and it would seem that in preliminary
examination with 5 lots this would satisfy the RS-4 standards. The
lots can be developed as they are without granting variances but
some of the lots would have very small houses. On the other hand,
when the parcel is purchased and the ordinance says it should be
RS, this is something the purchaser has to take into consideration.
Cm Miller stated that it is quite common for someone to speculate
on the purchase of a parcel with the hope and expectation that
variances will be granted so that it will be profitable to develop.
The City is not required to promise a profit to someone speculating
on the hope of getting a variance. In his opinion the variance
should not be granted and if necessary the property could be re-
divided into the number of lots which will provide for the RS stand-
ards. The standards are designed to protect the buyers of the homes
that will ultimately be built to provide for adequate setbacks and
side yards. RL Zoning is a zoning which the City has effectively
abandoned for seven years and it does not seem reasonable to re-
create it, even on this parcel.
CM MILLER MOVED THAT THE VARIANCES ON THESE PARCELS BE DENIED,
WITH THE EXCEPTION OF THE REQUIREMENT FOR THE EXTRA WIDE SETBACK
BACKING ON STANLEY BOULEVARD; OTHERWISE, ALL RS SETBACK STANDARDS
WILL HAVE TO BE MET, MOTION WAS SECONDED BY CW TIRSELL.
Cw Tirsell stated that she can't see applying an old zoning ordi-
nance to accommodate the developer's wishes, in this case, when
the lot sizes can be reduced and conform to an ordinance currently
in effect, and to provide for better lots that people will buy.
CM-3l-93
November 24, 1975
(Appeal re Var. App.
Property at Wall St. &
Stanley Blvd. - Beratlis)
Cw Tirsell stated that it is the responsibility of the Council
to protect buyers and to make sure that the size of the lots
is reason9ble for families who might purchase them. This is
the reason the RS standards were developed.
Glen Dahlbacka, from the Planning Commission stated that during
the course of conversation with the Planning Commission they were
led to believe that the property had already been subdivided
under the RL Ordinance and that the zoning could not be changed.
This was part of the reason for his action and probably the action
of the ot~e~:~ ~.~'
Cm TurnerAaskea whom was responsible for allowing the P.C. to
believe this and Mr. Dahlbacka indicated that the staff did.
Cm Miller noted that it is subdivided and commented on what he
believes to be the situation. The lots were created at the time
the parcel was zoned RL. It was subsequently rezoned RG and while
it did not do away with the lots it did away with the zoning. When
the zoning comes back again the lots, even though they are lots of
record, are subject to whatever zone comes out of the RG - that
zoning is RS. Consequently, the RS standards now apply to these
lots. If it turns out they are unsatisfactory from the standpoint
of building a house the size the purchaser chooses to build, then
he does have the option of redividing the lots. He has the choice
of building houses that meet the standards or the choice of chang-
ing the lots. In this case, it would be changing the lots which
would be a reasonable solution.
Mr. Musso stated that with respect a change of zoning, he stated
to the Commission that the Council considered changing the zoning
at one time and concluded that,based on the fact of some vested
interest in the property the zoning would not be changed at that
time (two years ago). It is not a fact that it cannot be changed
but rather that the Council decided not to do so.
At the time it was changed to RG, if they chose to use single
family it would revert to RL-7 and at a later date if the RG regulations
were changed so if they chose to go to single family, they would
go to RS. This is what created the problem. There was a change
in the RG regulations that caused the problem an d obviously if
the properties were sold individually they could each develop
under the RS regulations or the RG regulations as multiple.
Mayor Futch commented that it appears the setbacks on Stanley
Boulevard would prevent Lot il17 from developing but it is
not clear that the setback would prevent the other lots from
developing.
There was discussion concerning the setbacks and the type
of house that could be accommodated on some of the narrow
lots.
Chris Beratlis, applicant, stated that he would like something
clarified and possibly everything could be clarified without go-
ing back to the Planning Commission for further explanation
with regard to the side yard setback. In the variance applica-
tion a 5 ft. and 7 ft. setback was requested in order to be
in conformance with the setbacks across the street. It came
out of the Planning Commission that there should be a 10 ft.
setback under the new RL-6 regulations. They asked that regu-
lations prior to 1970 apply. He stated that he would like to go
CM-3l-94
November 24, 1975
(Appeal re Var. App.
Property at Wall St. &
Stanley Blvd.-Beratlis)
back to the Planning Commission and ask that they reclarify their
stand on this aspect. He stated that the lO ft. requirement was
a complete surprise to him this afternoon.
Mayor Futch commented that there has been so much trouble with lots
so narrow that trailers cannot get into the back of the property
and this is the reason the wider setbacks are insisted upon.
Mr. Beratlis commented that because of the topography of the lots,
they are elevated from 8 ft. up to 15-20 ft. and this means that
a trailer cannot be placed in the back anyway.
Mayor Futch suggested that a cluster development be considered
because this would be an ideal location for cluster development.
Mr. Beratlis stated that rather than deny the application this even-
ing he would request that the item be continued for a couple of weeks
to allow further discussion.
Cm Miller stated that he would argue there is no reason to continue
this item. If the Council believes this should be RS lots then those
are the conditions that would be required. If the Council feels they
should not be RS lots then it could be sent back to the P.C. as a
separate motion.
Cm Staley questioned if the applicant is requesting continuation to
reconsider the side yard setback or the entire application.
Mr. Beratlis stated that he would like reconsideration of the new
RL setback vs. the old RS setback.
Cm Miller explained that if the motion passes the question is moot
because the motion would require setbacks of l2 ft. and l2 ft.
Mayor Futch stated that he does not see support for the old RL
regulations at all.
Cw Tirsell pointed out that the flexibility of RS-4 allows for
clustering or anything provided for in the RS Ordinance.
Cm Miller explained that if the owners would like to redivide the
property they might like to know that if they come back with a
new subdivision map, the sewer connections as existing lots of
record would be preserved and the City could agree to this because
no additional connections would be involved.
Burke Critchfield, attorney representing the owner of the property,
Mr. Guy Willis, stated that on behalf of his client he would request
postponement to give them an opportunity to discuss this with the
staff.
Cm Miller stated that he would like to argue against a continuance.
The issue is whether or not RS standards will apply to this property.
If the applicant wishes to work something out with the staff as far
as to what can be done with RS standards, this is fine, but it is
not necessary to continue.
Cm Staley stated that in the event the application is denied, does
it mean that the applicant has to start at the beginning of the
application for variance procedure and pay all the fees that go
along with an application for a variance?
It was noted that the fees would have to be paid again and the
applicant would have to start allover.
CM-3l-95
November 24, 1975
(Appeal re Var. App.
Property at Wall St.&
Stanley Blvd-Beratlis)
ern Turner stated that if a vote is taken on the motion he would
vote against it because he feels the request for a continuance
is reasonable. Apparently some new issues have been raised that
the applicant was not aware of and Cm Turner feels it is not un-
reasonable to allow the postponement as they have requested.
Cm Miller stated that what the applicants wish to do is a func-
tion of whether the RS standads will apply, or not. The motion
provides for one of the major variances they asked for. It is
a question of whether or not the Council wishes to abide by the
standards that have been developed over the years for single
family lots against some way to reduce the standards by the appli--
cation for another variance. He stated that he cannot see a situa-
tion in which he would want to grant variances against the standards
that the Council have fought hard to get.
em Staley stated that he knows of no reason to depart from the RS
standards with respect to the lots on Stanley Boulevard, as part
of the motion, but on the other hand he believes that the points
made by Cm Turner, Mr. Critchfield, and Mr. Beratlis, was that
there was not an opportunity to consider some of the ramifications
and they would like the chance for review to see what can be
done. This would not seem to be an unreasonable request and for
this reason he would be in favor of allowing them a continuance
for a reasonable period of time.
CM STALEY MOVED TO TABLE THIS ITEM UNTIL DECEMBER l5TH, SECONDED
BY CM TURNER WHICH PASSED BY UNANIMOUS VOTE.
RECESS
Mayor Futch called for a brief recess after which the Council
meeting resumed with all members of the Council present.
PRESENTATION OF
GIFTS TO DIGNITARIES
DISCUSSION
Mr. Parness stated that at the Council's direction the matter of
presentation of gifts to dignitaries was placed on the agenda
this week. Various articles have been suggested as gifts that
the Council may wish to consider purchasing.
Mayor Futch stated that he believes there is a need to present
a gift to visiting dignitaries but none of the items presented
for viewing by the staff would seem to be appropriate. He
suggested that perhaps something in the nature of a desk set
with a pen might be appropriate and the gift wouldn't look as
inexpensive as some of the items that have been suggested - those
items have been expensive and appear to be of poor quality.
Cm Staley stated that last week Cm Miller suggested giving a
bottle of good wine from our Livermore wineries and he feels
this was a very good suggestion. The winery might even be
willing to print a special label that would be appropriate.
The Council enthusiastically concurred with this suggestion.
Mayor Futch did express concern about customs problems and
em Staley stated that there would be no problem in exporting
the wine and if there is a problem with respect to importing
it into their country they are welcome to drink the wine and
take the bottle home.
CM-3l-96
November 24, 1975
(Presentation of Gifts
to Dignitaries Disc.)
CM STALEY MOVED TO DIRECT THE STAFF TO INQUIRE OF THE LOCAL WINERIES
IF THEY WOULD BE WILLING TO PROVIDE A SPECIAL LABEL FOR BOTTLES OF
WINE FOR VISITING DIGNITARIES AS WELL AS SPECIAL BOTTLING AND REPORT
BACK TO THE COUNCIL CONCERNING THEIR FINDINGS IN TWO WEEKS. MOTION
WAS SECONDED BY CM MILLER AND PASSED BY UNANIMOUS VOTE.
Bill Hurdlow, l143 Aberdeen, stated that he really is angry the
Council did not discuss this at the end of the meeting because there
are people in the audience to discuss business.
Mayor Futch explained that it is normal procedure for the Council
to follow the agenda and if they moved this to the end of the meet-
ing they might be accused of not wanting the pUblic to know what
is going to be spent on gifts for visitors.
REPORT RE PROPOSED
MUNI. TAX OVERRIDE
Mr. Parness reported that in the past the Council has discussed
the possibility of a municipal tax override for services of public
safety in the way of fire and police protection and Transportation.
SB 90 stringently regulates the means by which additional taxing
can be allowed and it requires the approval of the majority of the
electorate. One other regulation is that the ballot measure cannot
specify the intended tax use. It is recommended that the Council
adopt a resolution submitting a ballot measure for the next municipal
election seeking a tax override in the amount of 25~ for local tran-
sit services and an additional 25~ for public safety.
Mr. Parness stated that he is concerned about this item because
he is convinced that these two tax measures must be submitted
to the electorate to solicit their attitude, but there is a lot
of confusion as to what our legal entitlements might be in the
drafting of the ballot propositions, and there has not been a
lot of precedent concerning this matter. We have contacted the
City of Sacramento as to their experience, however, and we have
also contacted the Legislative Counsel as to what can be done and
what cannot be done.
The staff would Ii ke a decision from the Council as to whether or
not these issues should be on the March election ballot and if so,
under what terminology. Mr. Parness stated that just this afternoon
one of his colleagues sent a statement his city used in a tax over-
ride election conducted just last year. They followed the very
careful admonition of one of the leading bond attorneys who advised
the City of San Jose on similar measures and it was the opinion of
the bond counsel's office that the declared intent can be used as
a ballot measure.
Cm Miller stated that the Council must declare its intent by the
end of December and would like to know when the ballot statements
have to be prepared.
Mr. Parness stated that the City Clerk has indicated that two weeks
after the December deadline which would be sometime in the first
two weeks in January.
CM TURNER MOVED TO CONTINUE THIS ITEM TO THE NEXT COUNCIL MEETING,
SECONDED BY CM MILLER.
CM-3l-97
November 24, 1975
(Report re Proposed
Muni Tax Override)
Mayor Futch stated that with respect to pledging the intent of
the Council and future Councils as well, he stated that he does
not believe there is any way future Council intent can be pledged.
Mr. Parness stated that the City Attorney can always address this
issue but in the opinion of the Sacramento County Counsel's office
the adoption of a resolution accompanying a ballot measure can be
binding on subsequent Councils. He stated that he has been told
that if we can declare the intent, in the ballot measure, that in
effect constitutes a contract between the electorate and the City
Councils.
Glen Dah1backa, Planning Commissioner, stated that with respect to
the transportation tax override that has been proposed, after con-
sidering this matter quite carefully the 25~ tax override will
hinder the cause of public transportation in Livermore. He feels
the 25~ proposal is excessive and he believes that the excessive
proposal will mean defeat at the polls and this defeat will hinder
the ability of obtaining funds in the future. He stated that the
amount is excessive because in the consultants report to the Trans-
portation Committee of the City indicated it is conceivable that
the transportation system proposed for the City could be operated
for five years without tax increase, by using state and federal
funds that are presently available for public transportation.
Naturally, the budget would be lean but it is conceivable that
it can be done and he believes this is important at a time the
electorate is not especially willing to spend additional funds
for public purposes.
Mr. Dahlbacka stated that the report indicates that the maximum
cost at the end of five years would require a 2l~ tax override -
not 25~ and he believes it is not necessary to go around rounding
off numbers in taxing when there is not a partic~lar justification
for it.
Mr. Dahlbacka added that allowing for 25~ assures that it will
be used. In other words, if the 25~ is used, even though the
itent is that the money will not be used, its availability will
guarantee that the money will be used much more rapidly than if
we went into the transportation system with the idea that as money
is needed it would be requested. It is a matter that if there is
a pot of money available for use, it will be used. He stated that
he is sure the 25~ for transportation, if voted upon, would be
defeated and would be viewed by other agencies as a vote against
public transportation in Livermore. This would then make it very
awkward to go to agencies to ask for funding for public transpor-
tation. With the present atmosphere that BART is creating with
Livermore and the fact they do not want to continue providing
service out here means that it would be advantageous to them to
see the tax override fail. He would suggest that Livermore be-
gin a transportation system with available resources from the
state and federal grants and in addition, investigate new possi-
bilities for getting resources. He stated that for example, the
transportation system could be used for parcel delivery and pick-
up system for local businesses and people around town.
Cm Turner stated that his understanding of the report from the
consultant was that a tax subsidy would not be needed only if
the busses would be run completely "lean" without any union
people involved, and Mr. Dahlbacka stated that this was the
assumption. Cm Turner stated that the other side of the story
is that if there are union people involved the cost would be 2-3
times as much and the City would have to come up with $250,000
and this is where the 2l~ comes in.
CM-3l-98
November 24, 1975
(Report re Proposed
Muni tax Override)
Mr. Dahlbacka stated that he would just prefer that the City try
to establish some type of transportation system using other means
for its success rather than to begin by asking people for a tax
override to provide for it.
Cm Turner pointed out that the Council has not really even discussed
the issue and the tax override has not been determined.
Cm Miller felt if the consultant suggested 2lc it would not be un-
reasonable to ask for 25c, taking the possibility of inflation into
account.
William Hurdlow, stated that it is morally reprehensible that the
City is considering taxation to supply transportation for other
people. He stated that he worked at the Lab for l2 years and
has ridden his bicycle out there for 10 years and didn't ask anyone
for a subsidy for getting to and from work. He stated that he now
works in San Francisco, rides to work on a private bus line, and
now the Council is proposing to reach into his pocket to support a
transportation system for people working at the Lab.
Mayor Futch explained that there are many citizens in Livermore who
are not strong enough or capable of riding a bicycle to work and
the purpose of the public transportation system is certainly not to
provide transportationAfor people working at the Lab.-s,eeifieally.
~~~ G.K~'
MOTION PASSED BY UNANIMOUS V~E. ~~.
REPORT RE INDUSTRIAL
PARCEL MAP. NO. 1807
- CAPITAL METALS
VASCO & NAYLOR AVENUE
A written report from the Planninng Department indicated that the
owner of industrial property located at Vasco and Naylor Avenue
would like to divide the ownership and that there is a critical
timing problem with the Company necessitating that this be accepted
by December l. The property is presently occupied by Capital Metals.
The agreement requires that the usual full public works improvements
be installed, including reservation of lO ft. for a bicycle path and
the City is making efforts to assist the industrial applicant in the
way of expediting the usual review process by approving both the ten-
tative and final map which seems to be in order in view of the fact
there is no dispute concerning the requested improvements.
It is recommended that the Council approve Tentative Parcel Map 1807,
Final Parcel Map 1807, and authorize execution of agreement for Par-
cel Map l807.
Mr. Musso stated that the proposed subdivision of land within the
industrial area located on the south side of Naylor Avenue is to
be divided into industrial lots and the main principal issue is
whether or not the subdivision of the property would require any
additional streets or cul-de-sac to provide access to the property.
It was the conclusion of the Planning Commission that additional
streets would not be required. The next issue is the provision
for installation of pUblic works improvements, and the last issue
is the provision for a bike path, for which there are three alterna-
tives - 1) provided within the travel lane; 2) a separated bike
path; and 3) a separated bike path with a sidewalk.
CM-3l-\99
November 24, 1975
(Report re Indus. Parcel
Map No. l807-Capitol Metals
Vasco & Naylor Ave).
The Planning Commission recommended approval of subdividing with
the provision that the bike path be established separate from the
travel way with pUblic works improvements installed as indicated
in the staff report. In addition was the requirement that they
meet the building code standards including the setbacks.
Cm Miller asked Mr. Musso to expand on the comments concerning
Naylor Avenue. From the staff report it would appear they felt
there was no need to improve Naylor Avenue.
It was noted that the Council had voted to allow Naylor Avenue
five years to be improved, or until the adjacent property develops
and this gives them until 1977.
Cm Miller stated that he remembers voting no on that motion and
this is the reason he was concerned about no development.
Mr. Lee then showed the Council diagrams of the typical bike
path that would be required and explanations of the bike path
for an industrial area.
Mr. Musso commented that there was brief discussion by the P.C.
concerning the bike path and it was felt they did not want to
create another Efst Avenue bike path problem and the reason they
proposed an additional lO ft. for the bike path away from the
travel lane rather than within the travel lane. He also noted
that this would be a straight bike path and that the type that
"weave" are used for recreational bicycle paths.
Mr. Lee indicated that the path, as shown in the General Plan
appears "weavy" but for the most part the path is rather straight.
Greg Davis, of the Bikeways Association, asked if it is necessary
to determine the type of bike path required or could the additional
10 ft. be required and then later the determination made as to
whether it should be on-street or off-street.
Mr. Lee explained that at the time the additional width is re-
quired the improvements for the path would also be required.
There is some merit in making a decision and requiring that
everything be taken care of at the same time.
Mr. Davis stated that it doesn't appear that there are many
intersections involved in this particular bike path but people
are becoming leary of bike paths because of all the accidents
which have taken place at intersections. He wondered if there
would be a lot of driveways in an industrial area that might
be as hazardous for the bike riders as intersections.
Mr. Lee commented that in an industrial area the City tries
to limit access from the street but there would be driveways
at intervals.
Mr. Davis stated that the Ca.Lifornia Association of Bicycle
Organizations strongly opposes off-street bicycle paths and
were in favor of providing adequate width for bike riders
on the side of the road. Apparently there have been too
many problems with the separated path.
CM-3l-100
November 24, 1975
(Report re Industrial
PM l807 - Capitol Metals)
Earl Mason, Civil Engineer representing the applicant stated that
research he has done corresponds with what was said by Mr. Davis.
There is beginning to be more resistance and concern about the bike
rider's safety in having to cross driveways and intersecting streets
from a separated path. He would suggest that the lO ft. in the park-
ing lane be used for the bike path to serve bikes in an industrial
area because the parking lane will be used for emergency parking
only and it may as well be used for bikes - it will already be paved.
Mr. Mason stated that if the Council wants the developer to provide
an off-street bike path then the City ordinance requires that in an
indus~rial zone the major streets must have a 25 ft. building setback of
which 15 ft. must be landscaped. He stated that if there is another
5 ft. of landscaping behind the sidewalk it would mean a total of
20 ft. of landscaping. If the Council will remember when the Shaheen
industrial property was discussed it was concluded that a 5 ft.
concrete bike path would be an easement within the landscaped area
which serves two purposes - it places the path throuth the landscaped
area and does not add another 10 ft. on each side of the street for
additional street right-of-way.
If the Council adopts the P.C. recommendation for 21 ft. of widening
and then the 15 ft. of landscaping and setback it means reduction
of paved travel yard area and driveway for trucks that have already
been planned for implementation in his processing of trucks through
the plant.
Mr. Mason stated that he would like to suggest leaving the 110 ft.
right-of-way with the bike path located in the street, or to pro-
vide a 5 ft. easement within the landscaped strip. The rest of
the engineering considerations have been reviewed that are standard
improvements that would normally be called for at some stage in the
development and he then explained why the map was filed and which
public works improvements have been done or delayed.
He stated that the only reason the map was filed is because the owner
wants to put some financing against one of the three parcels and the
lender wants a tax split on the records. The only way to split it
would be to file a parcel map and under the ordinance it becomes a
subdivision, and therefore the staff is asking for improvements.
There will be no ownership change, no development change, and nothing
at all will be changed with the property. Duane White, the Assistant
Manager is present this evening and would like to discuss, with the
Council, the possibility of delaying the improvements until a later
date until there is further development.
Duane White, representative of Capitol Metals, stated that he would
like to make one clarification. The agenda indicates the "Capitol
Metals Inc., and some of its subsidiaries wishes to divide the
ownership". He stated that this is not true - they have absolutely
no plans whatsoever to divide ownership. The property is owned
by an investment company who owns Capitol Metals Company, California
Steel Works and owner of the whole parcel of property. There is no
intent to get rid of any of the land or to do anything other than to
encumber a portion of the property for Capitol Metals, as a subsidi-
ary.
Mr. White stated that since he has been working in Livermore he has
heard a lot of negative remarks but he has found that the City has
been very cooperative, from one end to the other, concerning Naylor
Avenue. He believes that since they are not a developer there is
no need for the improvements at this time and would request con-
sideration of the same type of thing that was done with respect to
Naylor Avenue as far as completion is concerned.
CM-3l-101
November 24, 1975
(Report re Indus. Parcel
Map l807 - Capitol Metals)
Mr. White stated that bonding has been discussed and there is no
way a bond can be written for five years unless the developer
puts up lOOt of the cash - Naylor Avenue was to be delayed for
five years. The point is that the intent is not to avoid doing
the improvements - when there is a necessity for sidewalks they
will be happy to install the sidewalks and they believe this is
an obligation they have. When curbs are needed they will be more
than happy to install curbs.
At this time they want to go to a lender for money and the City
is asking them to come up with $35,000-$45,000 in cash to pay
for improvements that are not needed.
Cm Staley stated that as he understands it Mr. White is asking
for a delay in the improvements but yet is willing to install
sidewalks, etc., if a permit is taken out for development in
that area. He stated that he is not sure he understands what
Mr. White means.
Mr. White stated that they are perfectly willing to leave the
matter to the Council. When the Council says street lights are
needed, they will be installed. When the Council says sidewalks
are needed they will be happy to provide sidewalks. They have
been given a five year delay but only at the option of the City
Council.
Cm Staley stated that what is being asked, then, is that this be
extended until such time as the City actually requests installa-
tion of various improvements and Mr. White indicated that this
is correct.
Cm Turner stated that he understands that the only reason Mr.
White is before the Council is because Mr. White has financing
needs and the property must be separated for the lenders in
order that a portion of the property can be encumbered.
Mr. White stated that they feel they need a certain amount of
money and they do not want to encumber 33 acres.
Cm Turner stated that he understands this - Mr. White wants to
encumber only a part of the 33 acres which would be acceptable
to the lender. He stated that he understands there will be no
additional development in that area and that nothing will change.
Mr. White stated that at this time there are no plans for expan-
sion of any type, no expansion and no new buildings - nothing
changes.
em Turner asked Mr. Lee when the improvements would normally
have to be installed if this application were not made and
Mr. Lee commented that installation of the improvements would
not be required until some type of development were to take
place.
em Turner stated that he understands the intent and he has seen
this done in banking practices and would like to phrase a motion
to say, "yes, they can make the split" and at some point in time
when there is further development they would have to install
the normal improvements that the Council has not waived.
Cm Staley stated that he could make a motion but prior to a
motion he feels the bike path should be discussed.
CM-3l- 102
November 24, 1975
(Report re Indus. PM l807 -
Capitol Metals)
Mayor Futch suggested that perhaps if the improvements are to be
delayed the matter of the bike path could go back to the Planning
Commission for a recommendation as to what the procedure should be
with respect to bike paths, generally, in an industrial area.
Cm Turner asked if the City would normally have required installation
of a bike path previous to further development in the area.
Mr. Lee stated that, again, it would be required at the time of sub-
division, which is being done, or at such time as there is development.
The bike path normally would not have been required if there was no
further development or sub-dividing.
CM STALEY MOVED TO ADOPT THE PLANNING COMMISSION'S RESOLUTION WITH
THE ADDITION THAT THE IMPROVEMENTS ON NAYLOR AVENUE AND VASCO ROAD
BE THE SUBJECT OF A WRITTEN AGREEMENT BETWEEN THE OWNER AND THE CITY
vlliICH COULD BE RECORDED AND WOULD PROVIDE THAT THE INSTALLATION OF
THOSE IMPROVEMENTS WOULD BE AT THE CITY'S OPTION.
The City Attorney commented that if the Council is going to have
a motion, the motion would have to be in terms of approving
the Tentative Subdivision Map, subject to additional conditions
other than what the P.C. has. The Council will have an entirely
new resolution which will include all of what the P.C. has and
additional conditions the Council might wish to include. The
motion, itself, is to approve the Tentative Subdivision Map 1807.
Mr. Parness stated that the resolution will make reference to a
subdivision agreement that will be prepared in accordance with
Council direction now. If the Council doesn't mind the staff can
consider what terms might be suggested for the allowance of the
improvements, for Council consideration. These would be when the
property on either side develops, or on the option of the City
Council, or within a certain number of years, etc. These can be
drafted for the Council and they can be modified as the Council
chooses prior to its formal adoption.
Cw Tirsell stated that the land is going to be split three ways
and asked what would happen in the event the front portion were
to be sold - how would the City get the improvements?
The City Attorney explained that in the agreement it could be
required that upon any sale the improvements would have to be
installed prior to the sale, or at the same time there could
be an alternative in the agreement directing that if the property
is sold they have to make a requirement, as a part of the sale of
the property, that the new purchaser enter into an agreement with
the City for installation of the improvements by a certain date.
Mr. White asked if this could be recorded with the deed and Mr.
Logan indicated that it certainly could.
Cm Turner stated that he did not second the motion because as he
recalls the motion indicated that a specific date for the improve-
ments would be set - perhaps he did not understand the motion.
Cm Staley stated that his motion, originally, did read this way
but on the information of the City Manager that the staff draw up
the conditions and present them to the Council in resolution form
he feels this would be acceptable.
Cm Staley stated that it is his belief that the legitimate interest
of the City requires that these improvements be made but on the
other hand there probably is not a requirement that they be done
at this particular time. There are two or three conditions that
would trigger installation: l) sale of the property, 2) taking out
a building permit, or 3) the option of the City for installation
of the public works improvements.
CM-3l-l03
November 24, 1975
(Report re Industrial
PM 1807 - Capitol Metals)
ern Miller stated that he has heard these kind of requests for 10
years and his experience is that the City gets "burned" with con-
siderable frequency. The concept that the City determines when
the improvements go in is sure to cause trouble with respect to
legal enforcement. Apparently there will be no bonds, no guaran-
tees that any of this will go in and what he sees happening here
is the same thing that happened to Springtown Boulevard. In 1967
the City was told the improvements would be done - in 1975 nothing.
Nothing has happened there and nothing will happen. The only real
time the City has any leverage at all is at the subdivision map
level and when the building permit is taken out. It is quite un-
likely that a building permit will ever be taken out and the only
opportunity the City has for ensuring that the public works improve-
ments will be installed would be at the subdivision map level. It
has been City pOlicy for many years to require those improvements
to be put in. It is very hard to get another chance to get the
improvements and there are many places in the City where someone
wanted to develop and the public works improvements are in but
right across the property line they have not been put in because
development has not taken place. However, when development does
occur all the public works will have been taken care of.
em Miller stated that although he seconded the motion for discus-
sion purposes, he cannot go for a long time delay in completing
public works improvements. The applicant wishes the subdivision
and this is the time we require the pUblic works. Occasionally
there might be an exception, but those are dangerous exceptions
in his way of thinking. If there is to be a time delay, it should
be short enough so that there can be a bond posted. However, even
a bond is a bad idea, because it takes two to five years to collect
on that basis.
ern Staley stated he felt there could be a proper legal document
drawn up to protect the city's interest to call for those improve-
ments. Since the City has the right to impose those improvements
now, he cannot understand why the owner cannot agree to allow the
City to exercise that option at will at a later date. Secondly,
the concern is that the city will not ultimately get stuck with
the cost of putting in the improvements. He felt that putting them
in now may be more costly to the City than they are worth as there
will be maintenance. This is an industrial area that is remote
for the use of a lot of those improvements. For instance if they
widen out the road, it will have to be barracaded at both ends
simply because it won't be used and Naylor is a deadend road and
there are no plans to extend it. In terms of security, he under-
stands that a deed of trust or some similar device could be drafted
to assure the City that these improvements will be put in. He
agrees a bond might not be such a good idea as the City has ex-
perienced and they are expensive to the applicant, particularly if
they run over a year. Cm Staley stated that he felt the problems
are legal and not problems of philosophy, and if they let the
motion go to the staff and ask the staff, including the City Attorney,
to report back both as to an acceptable position and an acceptable
instrument to accomplish these purposes, the Council should be able
to work out something to the benefit of the City and of the owner.
Mr. Musso remarked that Cm Staley had stated the matter well, but
he would like to point out that this is a different situation in
that it is only for financing purposes. In addition, he felt con-
fident that the legal staff can draw up a binding document. As
far as Springtown Boulevard is concerned, it was a big blunder created
by the City, in part, and hopefully we have learned by that experience.
CM-3l-l04
November 24, 1975
(Report re Industrial
PM 1807 - Capitol Metals)
Mr. Lee stated that he felt the mechanisms we already have are more
than adequate to handle this situation. If this development were pro-
ceeding like any other development, there is a subdivision agreement
that is tailor-made for it - we would require a bond and it would run
for one year and the applicant would subdivide the property and make
the improvements within the year period. Should the City wish to
extend this for a three year period for the reasons outlined by Cm
Staley it is a simple matter - we simply write in "three years" and
if it isn't convenient for them to obtain a 3-year bond, they simply
provide the City with a I-year bond and they are obligated to put
in the improvements within that one year, but if that expires they can
replace it for another bond for the following year, and yet another
bond for the third year. There can be a provision that rather than
the bond expiring, they can simply put in the improvements. If the
City wants the improvements earlier than the three years, they will
put in the improvements within six months after notice.
Mayor Futch stated he felt that the staff could corne up with the
necessary agreement.
Mr. Logan asked if the matter could be put over for two weeks to
allow time due to the holidays.
Mr. Lee reminded them that this is a tentative parcel map approval
and an agreement is not necessary. These are simply the conditions
that the Council wishes to have included in the subdivision agreement
that would be signed and executed prior to the filing of the final
map and the acceptance of the final parcel map by the Council.
ern Miller stated that one thing he has learned by experience is that
everything has to be worked out at the tentative map stage because
that is the actual final decision and the final map is practically
ministerial. He felt the Council would need to see what it is
they are going to agree to.
Mayor Futch asked Cm Staley if he was agreeable to an amendment to
his motion to allow the City Attorney time to prepare the agreement.
ern Staley stated it was perfectly agreeable with him, but it was his
understanding that the applicant had a December 3rd deadline problem
with the lender and suggested that the applicant might speak to that.
Mr. Mason stated that this would put it out of the realm of the big
rush for them. But with the conditions the way they are it doesn't
make much sense for them businesswise when they are in a position
where they feel they need to borrow money to keep their business
going the way it should be running, to be borrowing money to put in
street improvements.
ern Turner asked the City Attorney if he planned to answer this, and
Mr. Logan replied that what the applicant is saying is that he is
concerned about the approval of the tentative subdivision map -whether
it be tonight or two weeks from tonight. The answer is that if it
is tonight the Council merely add a provision that there be as a con-
dition of the tentative subdivision map an acceptable agreement drawn
for the subidivision for improvements between the City and the devel-
oper. It isn't necessary that the Council have that agreement this
evening because by saying an acceptable one to both - if it's not
acceptable the final will not be approved. Mr. Logan added that he
would not put a final before the Council until he has an acceptable
agreement. The only thing a tentative does is set the rules for the
acceptance of the final and all the Council is doing is spelling
out the conditions for performance for the final all of which will
be put into the final. Part of the performance of the tentative is
entering into the agreement.
CM-3l-105
November 24, 1975
(Report re Industrial
PM l807 - Capitol Metals)
Mr. Mason stated that with the tentative they would like the Council
to make the decision with regard to the location of the bike path.
Cm Turner asked why the Council had to change anything - why did
they have to impose the bikeway? He felt that ern Staley's motion
suggested that they put time constraints on when they think improve-
ments should be placed. It seemed that even though this was not in
the motion em Staley wanted in the agreement dates as to when im-
provements will be made on this property.
em Staley stated that was not the intent.
em Miller stated the reason one wants to make a change at this point
is because it is the only effective time the City has to require
the improvements. There is no other effective time.
Cm Turner stated the reason he asked the question is that he
thought it was em Staley's intention to require certain im-
provements at certain times.
Mayor Futch stated that the City Attorney has suggested that the
Council can approve the tentative map subject to appropriate
agreement to provide for the public works improvements at the
time the City requires them, and asked if ern Staley would restate
his motion.
CM STALEY RESTATED THE MOTION TO ACCEPT THE PLANNING COMMISSION'S
RECOMMENDATIONS AND TO ADOPT THE TENTATIVE SUBDIVISION MAP WITH
THE FOLLOWING ADDITIONAL CONDITIONS, AND THAT THE ADOPTION BE
SUBJECT TO THE DRAFTING OF THE AGREEMENT AND THE APPROVAL OF IT
BY THE CITY ATTORNEY AND CITY MANAGER IN SUCH A WAY THAT IT WOULD
COVER THE CONDITIONS FOR WHICH THE IMPROVEMENTS WOULD BE IMPLEMENTED
AND THE CITY ATTORNEY WAS SATISFIED OF THE LEGAL AFFECTS OF THE
AGREEMENT IN TERMS OF INSURING OUR RIGHT TO GET THOSE AGREEMENTS.
MOTION WAS SECONDED BY CM TURNER.
Mayor Futch asked Earl Mason if he agreed to this motion, and he
replied that he did but stated that it still left the question
of the bike path in the air as the Council was requiring an extra
10 feet of widening of public right-of-way that he felt very strongly
was unnecessary. He asked if the proposed bike path could be in-
corporated either as an easement within the landscaped strip or
in the street similar to what had been done on the Roger Shaheen
property.
Mayor Futch stated he felt the intent was to look at that situa-
tion and determine more precisely what they want to require in
an industrial zone. The Council may be a bit uncertain and they
would like to send it back to the Planning Commission and give it
a little more thought.
Earl Mason commented that it would take a considerable length of
time for the Planning Commission to review that matter and report
back to the Council. He asked why since it was acceptable on
Vasco under an identical situation, that it couldn't be put in
the easement which would leave the option of either building it
off-street in the easement or in the street.
Mr. Musso remarked that this was not really comparable to the
Shaheen situation in that there was no bicycle path planned south
of East Avenue at that time. Also the widening of South Vasco
Road to a the greater width was somewhat of an after thought and
for those reasons the Planning Commission incorporated it in the
setback area as they felt there was a commitment there to the street
width because the future width lines were there.
CM-3l-106
November 24, 1975
(Report re Industrial
PM l807 - Captol Metals)
CM TIRSELL ASKED THAT THE MOTION BE AMENDED TO INCLUDE REFERRING THE
BICYCLE PATH BACK TO THE PLANNING COMMISSION; MOTION WAS SECONDED BY
CM TURNER.
Mr. Logan pointed out that this is the time for the Council to make
the requirements, and if the question of the bicycle path is put off
indefinitely, he asked the Council when they would require it. If
it is the intention of the Council to approve a tentative subdivision
map it should be approved subject to particular conditions. The
bicycle path could corne into the agreement as to configuration, but
it should not be left indefinitely as there will soon be a final map
and the bicycle path will still be left up in the air and the Council
may end up without any bike path.
Mayor Futch stated that the question is whether the standard bike
paths that the Council has adopted should apply to industrial zones.
Cm Staley stated there is a question also concerning alternatives -
in terms of whether it should be in the roadway or with the landscaping.
Cm Miller remarked that the Planning Commission had discussed this
matter and made a recommendation to the Council. The exact configu-
ration of the bicycle path may not be too important, but the right-
of-way width for it is important, and he felt that this should be a
part of the motion independent of its location.
Cm Tirsell asked if they adopted the Planning Commission recommendation
with only one amendment if the agreement was acceptable as it concerns
public works improvements.
Cm Staley stated it seemed they could condition the agreement the
staff is going to approve with the developer and put the bicycle path
issue into that agreement.
Mr. Logan stated that if the Council intends to do that they would
also have to amend the Planning Commissions recommendation because
that 130 ft right-of-way picks up the bicycle path.
Mayor Futch stated he felt they should require the width - it is the
design that they want to send back to the Planning Commission for
consideration as to whether it should be in the street.
ern Miller stated if that was the amendment he could go for that.
CM TIRSELL MOVED TO ADOPT THE PLANNING COMMISSION RECOMMENDATION IN
REGARD TO THE BICYCLE PATH.
ern Tirse1l was reminded that there is a motion already on the floor,
and asked to restate her motion, which she stated WAS TO REFER THE
DESIGN OF THE BIKE PATH BACK TO THE PLANNING COMMISSION.
Mayor Futch pointed out that the amendment referred to the design and
was separate from the width, and he asked the City Attorney if there
was any problem with the amendment.
Mr. Logan stated he still saw a problem, because depending on the design
there would be a great deal of influence on what the Council would
require in the subdivision agreement. The Planning Commission and
the Council are talking about two different things.
CM TIRSELL WITHDREW HER AMENDMENT AT THIS TIME and stated she would
stick with the Planning Commission's recommendation, and Mr. Logan
stated the recommendation was pretty straightforward - what they are
talking about - instead of requiring the additional dedication of
land, they are willing to put in the bicycle path, but they want to
put it in their 15 feet of front landscaping. That is the difference
between the two alternatives, and since Cm Tirsell changed her mind,
that would settle issue.
CM-3l-l07
November 24, 1975
(Report re Industrial
PM 1807 - Capitol Metals)
Cm Miller made one last comment that he was concerned about adopting
a tentative map without having the agreement before him, and to him
it seemed they were repeating a IIbad dream", and they would never
get the chance to put in the improvements properly, and they should
not make a decision tonight.
Mr. Musso pointed out that a tentative map does not speak to any
delays, and every tentative map that the Council has considered has
included the requirements. It is in the course of the final map
that the Council puts in the bond for the improvements, delayed im-
provements - these are in the subdivision agreement.
Mr. Logan stated in hopes of alleviating Cm Miller's fears, he intends
to set this up as a condition subsequent in such a way that it will
be impossible for the Council to approve a final map until they have
an agreement that is acceptable to them. The conditions subsequent
will never be met if the Council doesn't have any agreement first
that they find acceptable. The agreement will not be made after the
final approval.
A VOTE WAS TAKEN ON THE MAIN MOTION WHICH PASSED 4-l WITH CM MILLER
DISSENTING.
COMMUNICATION TO BD OF SUPERVISORS
RE CAL ROCK-LONE STAR QUARRY PLAN
A communication directed to the Board of Supervisors from the Plan-
ning Commission concerning the reclamation plan - quarry permit by
California Rock-Lone Star Industries was continued to the meeting of
December l.
SUMMARY OF ACTION
PLANNING COMMISSION
MEETING OF NOVEMBER l8
Cm MIller stated that the agenda item referred to in the summary of
action taken at the Planning Commission meeting of November l8, was
mixed in the minutes and he could not understand why the Conditional
Use Permit was approved as it was a retail use which was not permitted.
Although the applicant talked about the use as retail, he stated it
was a wholesale use, so he was confused.
Mr. Musso stated that some of the earlier discussion related to re-
tail and was reflected in the minutes, but in the presentation by
the applicant, he convinced the commission that he was primarily
dealing in major building materials - lumber, roofing paper, etc.,
and the Planning Commission felt this would be more like a lumber
yard and not adaptable to downtown location.
em Miller asked if he could appeal this item as a Consent Calendar
item rather than an agenda item in case it is satisfactory to the
other members of the Council.
Mr. Logan stated that this is a decision the Council will have to
make if they intend to do something about it based on certain evi-
dence, and it should be placed as an agenda item.
The Council agreed and the matter will be placed on the Council
agenda for discussion in December.
CM-3l-108
November 24, 1975
REPORT FROM CITY MANAGER
RE CBD ASSESSED VALUATIONS
A report had been submitted by the City Manager concerning the CBD
assessed valuations.
The Council asked that this matter be continued to the meeting of
December 1.
RE AIRPORT PAVEMENT
STRIPING
A report was submitted by the Public Works Director concerning the
airport pavement striping and budget amendment.
Mr. Logan asked if it was the intention that a resolution be adopted
for a budget amendment.
Mr. Lee explained that this matter would come before the Council again
after bids are solicited for the striping work.
CM MILLER MOVED TO DIRECT THE STAFF TO PREPARE THE RESOLUTION LATER
WITH THE APPROPRIATE SUPPLEMENTARY MATERIAL. MOTION WAS SECONDED BY
CW TIRSELL AND APPROVED UNANIMOUSLY.
CONSENT CALENDAR
Re Settlement of Condem-
nation Actions (Zepol, Inc.,
Uliana; Bailey; Duarte -
DePaoli
Settlement of condemnation actions concerning property ownerships
involving Zepol, Inc., Uliana; Bailey, et al; Duarte, et al - DePaoli
were previously discussed by the City Council and the following reso-
lutions were prepared:
RESOLUTION NO. 237-75
A RESOLUTION AUTHORIZING SETTLEMENT OF CONDEMNATION ACTION
(City v. Zepol, Inc. - Uliana Parcel)
RESOLUTION NO. 238-75
A RESOLUTION AUTHORIZING SETTLEMENT OF CONDEMNATION SUIT
( City v. Bailey, et al)
RESOLUTION NO. 239-75
A RESOLUTION AUTHORIZING SETTLEMENT OF CONDEMNATION SUIT
(City v. Duarte, et al - DePaoli)
Resolution Urging
Construction of Off-Ramp
RESOLUTION NO. 240-75
A RESOLUTION URGING CONSTRUCTION OF OFF-RAMP
FROM I-580 TO COLLIER CANYON ROAD.
Amendment 75-76 Budget re
Police Assistant
The addition of a Police Assistant was discussed at the meeting of
November 17 and the Council authorized the preparation of a resolution
approving this budget amendment.
CM-3l-109
November 24, 1975
(Res. re Budget Amend.)
RESOLUTION NO. 241-75
A RESOLUTION AUTHORIZING AMENDMENT OF 1975-76 BUDGET
(Addition of Police Assistant)
16th Amendment to
Livermore General Plan
The public hearing was closed concerning the 16th amendment to the
Livermore General Plan concerning the area in the vicinity of Por-
tola Avenue and I-580, and the staff was directed to prepare the
appropriate resolution.
RESOLUTION NO. 242-75
A RESOLUTION AMENDING THE LIVERMORE GENERAL PLAN 1959-
1990 BY ADOPTION OF THE SIXTEENTH AMENDMENT REGARDING
ZONING OF THE PORTOLA AVENUE - INTERSTATE 580 AREA
Support of AB 2353 and SB 634
re Beverage Containers
AB 2353 and SB 634 were discussed by the Council and the staff had
been directed to prepare a resolution supporting the bills.
RESOLUTION NO. 243-75
A RESOLUTION SUPPORTING BILLS RELATING TO
SOLID WASTE MANAGEMENT (AB 2353 and SB 634)
Variance re Lots on Hayes St.
Cassel Montgomery
An appeal concerning the application for variance from applicable
zoning regulations for property located on the east side of Hayes
Street, easterly of Hayes Court had been discussed by the Council
and the staff was directed to prepare a resolution granting the
variance.
RESOLUTION NO. 244-75
A RESOLUTION GRANTING VARIANCE
( Cassel Montgomery)
Lease Agreement -
Exxon Corporation
A lease agreement with Exxon Corporation concerning beautification
of the southeast corner of portola Avenue and Murrieta Blvd had
been discussed at the meeting of November lO, and the Council had
authorized that a resolution be prepared.
em Miller asked that this item be removed from the Consent Calendar,
stating that this item had been continued for two weeks in order
to get an estimate from the Beautification Committee for something
of a smaller size and to contact Exxon again about ameliorating the
conditions of the agreement and this information was not furnished
the Council. Cm Miller asked that this be continued until the in-
formation is available.
Mr. Parness explained that the cost of the limited improvement was
inadvertently omitted by him, and he stated that the cost of the
full improvements is $23,000 and for the limited amount would be
$6,135 and the Council was given a drawing for that.
CM-3l-ll0
November 24, 1975
(re Exxon Lease)
Mr. Parness added as to the rechecking with the company, he did not
get that direction from the Council about rechecking with the company
and extending.the lease term.
Cm Staley stated he had asked that they not have to pay the last month.ls
rent in advance and see if they would increase the term, and Cw Tirsell
had asked that an attempt be made for a lease purchase agreement.
eM TURNER MOVED THAT THE MATTER BE REFERRED BACK TO THE STAFF, AND
IF THE AMOUNT OF $6,135 IS FIRM FOR LIMITED IMPROVEMENTS, THAT AN
ALTERNATE PLAN BE PROVIDED - INVESTIGATE THE POSSIBILITY OF SOMETHING
EVEN LESS THAN THAT AMOUNT. MOTION WAS SECONDED BY CM MILLER AND
APPROVED UNANIMOUSLY.
Departmental Reports
The following Departmental Reports were received by the Council:
Revised Golf Course reports - quarter ending September 30
Revised Airport reports - quarter ending September 30
Airport Activity Report - October
Minutes - Various
Minutes were received from the following committees:
Airport Advisory Committee for November 3
Design Review Committee for November 5
Planning Commission Minutes for October 28
Payroll and Claims
There were l83 claims in the amount of $562,971.62, dated November 7
ordered paid as approved by the City Manager.
APPROVAL OF CONSENT
CALENDAR
ON MOTION OF CM TURNER, SECONDED BY CW TIRSELL, THE ITEMS ON THE
CONSENT CALENDAR WERE APPROVED UNANIMOUSLY. MAYOR FUTCH ABSTAINED
FROM VOTING ON ITEMS HAVING TO DO WITH RESOLUTIONS 24l-75, 242-75,
AND 244-75.BECAUSE HE WAS NOT PRESENT AT THE TIME THE COUNCIL DIS-
CUSSED THESE ITEMS.
MATTERS INITIATED
BY THE STAFF
(Amicus curiae Brief.re
Dept of Transportation
Rules and Regulations)
The City Attorney explained that he had previously approached the
Council about the possibility of entering an amicus curiae brief along
with the City of San Marcos. The gravamen of the complaint and of
the appeal is that the Department of Transportation or CAL TRANS
should be obligated to have adopted rules and regulations as opposed
to informal rules set by their attorney. Mr. Logan personally, be-
lieves it is a good appeal and advised the Council that if they would
agree, he would put it on the docket as an item to approve $100.
CW TIRSELL MOVED THAT THE CITY ATTORNEY BE AUTHORIZED TO SPEND FROM
HIS BUDGET THE AMOUNT REQUIRED TO FILE THE AMICUS CURIAE BRIEF AND
REPORT TO THE COUNCIL. MOTION SECONDED BY CM STALEY AND APPROVED
UNANIMOUSLY.
CM-3l-lll
November 24, 1975
REPORT RE HFH Ltd.
v. SUPERIOR COURT
Mr. Logan referred to a report he had mailed the Councilmembers con-
cerning the comments he had made to the California Supreme Court in
HFH Ltd.v. Superior Court, and stated he had received a copy of a
letter sent by Carlyn Reid to fifty other cities enclosing copies of
his letter to the Supreme Court and an excerpt of the decision on
the case. She had asked that they address a similar communication
asking for clarification of purely legislative zoning actions, in-
dicating it was the only way that a clarification or modification of
this portion of the decision might be obtained. Without a clari-
fication this apparent ruling of the court would detrimentally affect
not only local legislative process but also the rules of judicial
review of legislative actions. Mr. Logan stated there is already
support from Walnut Creek, Pleasanton, San Diego and San Jose and
he felt there will be a lot of support.
HOUSING & COMMUNITY
DEVELOPMENT ACT GRANT
Mr. Parness informed the Council that it is necessary to follow a
scheduled procedure for the conduct of at least one public hearing
this year for the second year's allocation for the Housing and Com-
munity Development Act grant. This is pretty much of a formality
since the Council has already determined how the money is to be used.
with the Council's consent, the staff would like to have the hearing
on the 8th of December, as this is the time schedule the County re-
quires.
CW TIRSELL MOVED THAT THE HEARING FOR THE HOUSING AND COMMUNITY
DEVELOPMENT ACT GRANT BE SET FOR DECEMBER 8; MOTION WAS SECONDED BY
CM TURNER AND APPROVED UNANIMOUSLY.
MATTERS INITIATED
BY THE COUNCIL
(Arroyo Road-
Vancouver Intersection)
Cm Turner stated that regarding the Arroyo Road-Vancouver intersec-
tion, there is a concern that when people turn left going towards
College from Vancouver they are turning into the oncoming traffic
lane which is not very well defined and it is necessary to make a
wide sweep.
Mr. Lee stated that this has been checked into and the problem is
a little more extensive and involves Alameda County. There is a
need to shift the centerline over to allow more north bound traffic
that would accomplish the problem mentioned as well as correct
other problems on that street. It is necessary to coordinate this
with Alameda County.
("L" Stree~.T~~f.~_ic)
A few people have expressed the idea that a divider strip be put
on "L" Street to clearly define the four lanes and Mr. Lee stated
he did not have an answer to that, but felt that the traffic sit-
uation will be relieved when "P" Street and Livermore Avenue are
opened up, but stated he will check into the matter.
(Proclamation - Granada High School)
Cm Turner stated that Granada High School had been outstanding in
having won the EBAL title and he asked that the Council support
CM-3l-ll2
November 24, 1975
(Granada Football Team)
and declare "Sports Week in the City of Livermore" honoring all
sports. He stated it is his understanding that this can be done
by proclamation.
Cm Miller commented that Granada also had the most National Merit
Scholars and he felt that learning is more important than sports,
but learning is always downgraded and so he had reservations concerning
a proclamation as he felt intelligence is more important and should
not be pushed aside.
Cm Turner stated that he was not pushing aside education, and as he
had stated before he had been asked to bring this up at the Council
meeting.
(Revised Campaign Con-
tribution Ordinance)
Cm Miller referred to the draft of the revised campaign contribution
ordinance which he and Cm Turner had asked the City Attorney to prepare.
He indicated that anything which will apply to the upcoming election
must be adopted at the next Council meeting and encouraged the other
members of the Council to read it carefully and discuss it and resolve
all the issues next week.
(Rules of Order
re Agenda Items)
Cm Miller stated there are people who speak before the Council who
regularly abuse the 5 minute" time limit which the Council has imposed
by its Rules of Order. He felt that it should be made clear that
when an item is requested to be on the agenda by applicants or others
that they be informed in advance by being given a copy of the agenda
with that particular part circled saying that anything exceeding
5 minutes should be presented to the Council in writing and they would
be given five minutes to summarize, if necessary, but new material
should not be given at the Council meeting to be expanded on
POLICY FOR SCHEDULING
EXECUTIVE SESSION MEETINGS
A discussion had been set re policy for scheduling executive session
meetings before or after City Council meetings.
Cm Staley indicated that he would agree to have this item continued
for one week.
The City Clerk advised the Council that if it was their intention to
have meetings other than at 8 p.m. it would be necessary to set a
certain time; otherwise, it would be a special meeting or a meeting to
which they have adjourned. An executive session called is a special
meeting and she is required by law to notify everyone twenty-four hours
in advance. Miss Hock said as an alternative the Council could adjourn
during a regular meeting for an executive session and then return to
the regular meeting.
Mr. Logan added that if the Council declares an executive session,
every time they declare it they declare a purpose for it, and if they
set a regular meeting for regular executive sessions, you do not
properly follow the law in declaring the purpose for the executive
session.
Mayor Futch stated while on the subject of executive sessions, the
meeting will adjourn to an executive session to discuss condemnations.
C~-31-113
November 24, 1975
STATEMENT OF QUALIFICATIONS
CM MILLER MOVED THAT THE CITY PRINT THE CANDIDATE'S STATEMENTS BUT DO
NOT INCREASE THE LENGTH TO 400 WORDS AND NOT ALLOW THE ENCLOSURES,
MOTION WAS SECONDED BY CM TURNER AND PASSED UNANIMOUSLY.
PROPOSED CITY CODE AMENDMENT
RE SEWER CAPACITY ALLOCATION
CM MILLER MOVED TO CONTINUE THE PROPOSED AMENDMENT TO CHAPTER l8
OF THE MUNICIPAL CODE CONSERNING SEWER CAPACITY ALLOCATION TO THE
MEETING OF DECEMBER 1, SECONDED BY CM STALEY AND APPROVED UNANI-
MOUSLY.
ADJOURNMENT
There being no further business to come before the Council, the
meeting was adjourned at 11:35 p.m. to an executive session to
discuss condemnations.
APPROVE
du4 /I Mf/
Mayor
~
I ,
, ..
Cl.ty C erk
' . Livermore, California
ATTEST
CM-3l--ll4
Regular Meeting of December 1, 1975
A regular meeting of the City Council of the City of Livermore was
held on December 1, 1975, in the Municipal Court Chambers. The
meeting was called to order at 8:07 p. m. with Mayor Futch presiding.
ROLL CALL
Present: Cm Turner, Miller, Staley, Cw Tirsell and Mayor Futch
Absent: None
PLEDGE OF ALLEGIANCE
Mayor Futch led the Councilmembers as well as those present in the
audience, in the Pledge of Allegiance.
MINUTES - Nov. 17, 1975
ON MOTION OF CM TURNER, SECONDED BY CW TIRSELL AND BY UNANIMOUS VOTE,
THE MINUTES FOR THE MEETING OF NOVEMBER 17, 1975, WERE APPROVED AS
SUBMITTED. MAYOR FUTCH ABSTAINED FROM THE VOTE DUE TO ABSENCE AT
THAT MEETING.
SPECIAL ANNOUNCEMENT
RE RAILROAD RELOCATION
COMPLETION DELAY
Mayor Futch stated that he has been contacted by Hensel-Phelps, con-
tractors for the railroad relocation project who have indicated that
because of the structural problems concerning the columns of the
bridge, there will be a delay in the opening of both South Livermore
Avenue and South "P" Street for through traffic. It is anticipated
that the earliest date for opening of these streets will be the first
or second week in January.
Mayor Futch stated that he has mailed letters to those businessmen
who might be affected by the delay explaining the circumstances
which necessitated the delay and urging that they express any sug-
gestions that might help alleviate any problems occurring with the
closure of these streets.
SPECIAL ANNOUNCEMENT
RE COUNCIL ELECTION
Mayor Futch stated that he would like to also announce that he has
decided not to seek re-election to the Livermore City Council. He
stated tahat he would like to devote more time to scientific work
and to his family and that he appreciates the privilege of
having served the citizens of Livermore for four years as a member
of the Planning Commission followed by four years as a Livermore
City Councilman. It has been a time of significant change and the
problems of the next decade will be different than the problems
of the past. Although the battle is never won, impressive progress
has been made in preventing the Livermore Valley from becoming the
San Fernando Valley of Northern California. Eight years ago there
was no National Environmental Protection Act, no California Environ-
mental Quality Act, no EPA, and the environmental problems were
generally ignored on all levels of government. Today these same
problems are generally recognized by national, state, and regional
government. Unfortunately, Neanderthal thinking still prevails
in Alameda County. Geldertown has been an active conspiracy by the
Alameda Board of Supervisors to promote the real estate ventures of
one man at enormous public expense to the citizens of Livermore.
CM-3l-ll5
December 1, 1975
(Special Announcement
re Council Election)
Mayor Futch continued to say that this planning nightmare has
been stopped by the Livermore City Council, along with help from
the Association of Bay Area Government. He stated that he is
confident that any Council candidate, elected by the citizens of
Livermore, will continue this struggle along with the remaining
Council majority. He added that he will miss the present Council
and this has been a challenge he has enjoyed.
COMMUNICATION RE
DOOR DELIVERY OF MAIL
A letter was received from Senator Cranston indicating that HR
8603, relative to mail delivery, has passed the House of Repre-
sentatives with the Mineta amendment intact and that he intends
to support this amendment.
The staff was directed to send a letter to Senator Tunney asking
whether or not he intends to support the bill and urging him to
do so.
COMMUNICATION RE TRANS-
FER OF PARK DEVELOP. FUNDS
A letter of justification concerning the request from LARPD to
transfer park development funds to the LARPD was submitted to
the Council.
Mr. Parness noted that the Council is obligated, by contract,
to transfer the funds and no action is required.
Item was noted for filing.
CLARIFICATION RE PARKING
OF VEHICLES - MOBILEHOME
LOTS
A copy of a letter to the Chief Building Inspector concerning
definition of vehicles on mobilehome parking lots was submitted
to the Council for informational purposes.
The letter was noted for filing. (See also later discussion) .
CONTINUED DISCUSSION
RE TAX OVERRIDE FOR
POLICE & FIRE PROTECTION
A written report was submitted to the Council concerning SB 90 -
Overrides for Specific Purposes, as well as suggested wording
for a proposed measure to appear on the ballot.
This item was postponed to allow additional staff time for research
and the City Attorney has concluded that if the Council decides to
proceed with the tax override measure the suggested wording, as
provided in his report, should be used.
Mr. Parness stated that it was the original opinion of the City
Attorney that the City could not declare the intent of the usage
of an override tax and in addition, the maximum tax rate had to
be specified. Both of those items would have caused a great deal
of confusion and probably would have resulted in a fatal blow to
the measures. In discussing this matter with other city repre-
sentatives who have gone through tax override measures, the
CM-31-1l6
December l, 1975
(Con't Disc. re Tax Over-
ride - Police & Fire
protection)
initial op1n10n was not necessarily the case. The state's leading
bond counsel indicated that the intent can be declared in a special
tax override and it is not necessary to specify what the maximum
tax rate would be. Therefore, wording has been provided by the
City Attorney's office, if the Council so desires, for use on the
March ballot.
Cm Miller stated that he would like to discuss the items of trans-
portation and fire and police protection separately. He would like
to direct that the staff prepare the appropriate resolution to place
a property tax override, not to exceed .25 per $100 for supplementing
the operational c.osts of police and fire services.
em Miller stated that he believes the necessity is there and this
would be received favorably by the public because they can see the
problems we have and taxing limitations which otherwise do not allow
the Council to take care of these problems.
CM MILLER MOVED THAT THE COUNCIL ADOPT A RESOLUTION AUTHORIZING
A TAX OVERRIDE, NOT TO EXCEED .25 PER $100, FOR THE MARCH BALLOT
TO SUPPLEMENT POLICE AND FIRE SERVICES. MOTION WAS SECONDED BY
CM TURNER. MOTION PASSED BY UNANIMOUS VOTE.
Cm Miller stated that he believes it is important that the measure
say that the override would be used exclusively for police and fire
services. No other wording would be acceptable to him or would be
acceptable to the public - they must know what it is going for.
Mr. Parness stated that the rate of 25~, by virtue of this year's
assessed valuation, will generate approximately $350,000. It should
also be pointed out that if adopted a rate of up to 25~ could be used
but this does not mean to imply that the 25~ would be used - this
would be at the discretion of the City Council.
Cm Miller explained that the reason he has requested that the police
and fire be discussed separately from the transportation tax override
is because after talking with Commissioner Dahlbacka he agrees that
a transportation tax would a) be defeated, and b) would be unwise.
He stated that he has argued with Cm Dahlbacka twice on this issue
and in the beginning felt this should be included in the override.
He has become convinced that if a transportation tax override were
to pass it would mean an immediate institutionalized and unionized
system with very high expenses with the availability of this money.
There is a chance that a system can be generated with local trans-
portation contracts with Pioneer Lines, for example, where there is
a chance for the system to run for some time without the need for
an extra property tax rate.
In subsequent years, if the system is unionized and operational
expenses rise then the people will know what it is they have had
and can decide whether they want the system to continue or not,
if an override is placed on a ballot.
CM MILLER MOVED THAT THE TAX RATE FOR PUBLIC TRANSIT SUBSIDIZATION
BE TABLED. THIS DOES NOT IMPLY THAT THE CITY SHOULD NOT TRY
TO BEGIN A TRANSPORTATION SYSTEM. MOTION SECONDED BY CM STALEY.
Cw Tirsell wondered if there would be a required local share if
a grant is received for transportation (UMTA grant) .
Mr. Parness stated that there would be but the local share can be
realized by state monies so for the capital expense there would be
no cost to the City. There are supporting monies from federal
CM-3l-ll7
December 1, 1975
(Con't Disc. re Tax Over-
ride - Police & Fire
Protection)
sources for operational costs as well. The point is, that accord-
ing to the consultant's analysis the City could operate by having
a transportation system completely subsidized by federal and state
monies as long as the operational arrangement is non-unionized.
Mayor Futch pointed out that there can be no discussion concern-
ing the transportation portion because there has been a motion to
table.
MOTION FAILED 2-3, Cm Turner, Cw Tirsell, and Mayor Futch dissent-
ing.
CM MILLER MOVED THAT THE COUNCIL NOT PLACE A TAX RATE OF UP TO
25~ ON THE BALLOT TO SUBSIDIZE PUBLIC TRANSPORTATION. MOTION
WAS SECONDED BY CM STALEY.
Cw Tirsell wondered if time is of the essence in applying for
UMTA funds and Mr. Parness indicated that he is not sure the
timing is critical. The City has been told that money is
available for this purpose and the City would be allotted
monies for capital expenses and operational costs.
em Staley stated that he has seconded the motion because he
agrees with most of what Cm Miller has said. The City is going
to be in the position of asking the voters for a 25~ tax override
for the purpose of supporting our fire and pOlice departments and
there is a tremendous example of funding projects before they are
off the ground - in terms of BART, and eventual costs to the
taxpayer. The points raised by Mr. Dahlbacka last week are very
difficult to argue with and many of the points made carry a lot
of weight.
em Turner stated that in the report from the consultant it was
indicated that a transportation system would service 1% of the
population and at this point he is not sure how he will vote on
this issue. He stated that he believes we need to tie in a
local transportation system but is surprised about the suggestion
made by em Miller to contract with a private group such as Pioneer
Lines. This issue carne up some months ago and he proposed that
something like a contract with Pioneer Lines be investigated and
he did not receive support for the suggestion at that time. It
would appear that perhaps the Council has changed its position
on this suggestion. However, he felt it was a good suggestion at
that time and he still believes this would be a good idea. He
agrees that perhaps the request for an override might be defeated
but believes the question should be answered by the public. We
have a fuel problem, smog problems, and many of our problems can
be controlled with a public transportation system. He added that
he believes this is a matter that should be put to the vote of the
public and is a question that must be answered now. For this reason
he will vote against the motion.
Cm Staley stated that he would like to see the question answered
also, but is not sure the question of asking people if they would
like to have a 25~ tax override for public transit is the right
question. He stated that he is in favor of a public transporta-
tion system but is not sure that this may be the wrong question
at the wrong time. He feels we need more work done on how much
money the City needs and how the system can be financed and begun
without going to our local tax rolls for the money. If it is put
into operation he believes that would be the time to ask voters
if they would be willing to support it on a continuing basis.
,.:t"
CM-3l-ll8
December l, 1975
(Con't Disc. re Tax
Override - Police and
Fire Protection)
Mayor Futch stated that it would appear the Council would like to
consider this matter and wondered what the time constraints would
be.
Mr. Parness stated that if the Council is interested in implementing
a local transit system the Council need only instruct the staff to
proceed with the ground work and analyzing various operational sources.
Mayor Futch indicated that what he meant was different wording to
appear on the ballot for the transportation subsidization. He
indicated that the request for the 25~ override for transportation
needs has not really been supported by factual evidence that the
25~ is needed.
Mr. Parness stated that the Transportation Committee has discussed
all these points at great length and what Mayor Futch is talking
about is political strategy. This subject has been one of elaborate
analysis over the past three years and has been studied in depth.
It is true that the consultant has said that a transportation system
can be implemented without a request for local funding but the point
of the Committee has been that it is inevitable that this type of
operational experience is going to result in a unionization effort.
Apparently TVA monies are not available unless they can be directed
towards transit agencies currently operating - this would mean
AC Transit and BART. In order to qualify for state grants, which
are a portion of this, it is almost a foregone conclusion that AC
would have to be contracted with to operate our system or we would
have to join the AC District or become a Special District. It is
inevitable that unionization would occur and the larger operational
expense would be realized by the City. The Committee concluded that
rather than to begin the new type of public utility service and then
have a unionized operation come about, ballooning the cost so that
it could not be financed at all, it would be best to place the
measure before the people at this time and explain what the ultimate
circumstances would be.
Cm Miller stated that he does not agree because in looking at the
present economic climate, to ask the public for an extra 25~ which
everyone knows will be spent if it is received, will get an automatic
and overwhelming "no" from the public. This means that a system will
not be started or if it is that it could have been done without going
to the voters. As pointed out last week this would give Livermore
a black mark by regional agencies for whom a public transportation
system is a mitigation measure for air pollution.
ern Miller stated that he believes a transportation system is essen-
tial and it will not be started if the question is whether or not
the public wants to pay 25~ for it - there will be a resounding "no".
He stated that he would suggest trying the system without the 25~
for as long as possible. As pointed out by Cm Turner only about
1% of the people will use the system and most people have no reason
to vote to pay taxes for the system at this time. A system of this
kind must be in operation for awhile so that people get used to using
it and in two or three years down the line hopefully enough people
would use it to support a tax override if it becomes necessary.
You can't get people used to a transportation system if it doesn't
exist but if people are asked to pay 25~ and they refuse this means
that it will not be started. The problem of asking the voters for
25~ now is that he believes the City will lose. However, if the
system is operating the City can always have such an election at
three times during a year when elections are held. It is important
to get a system started and it will not be started if the public
is asked for 25~.
CM-3l-ll9
December l, 1975
(Con't Disc. re Tax
Override - Police and
Fire Protection)
Cm Staley stated that one relative item that concerns him is the
problem the Valley is having with the BART bus and intra-valley
transportation - not just in the City. The reason he does not
want this to go on the ballot at this time is because he would
like the City to try to work out a more comprehensive solution
so that we will have a transportation system that will service
the whole Valley. The administrative costs, etc., that would
go with this measure are high and at this time there is a question
of how much longer the BART feeder bus will be available to us.
To begin a local transportation system might mean a loss of the
BART feeder bus service.
Cw Tirsell stated that she has had mixed emotions on this item
and she wanted to hear discussion before expressing her views.
It would seem that there are not any good choices available to
the Council. If the City applies for UMPTA grant money and we
are not unionized, we will not receive the money. On the other
hand, if we ask for a 25~ tax override per $lOO, and the measure
is defeated, this would very definitely affect our sewer expan-
sion grant because we will have said that we have eliminated a
mitigation measure. She added that at this time she would vote
in favor of the motion - not to place it on the ballot at this
time, but would make a motion later on to ask the staff to pur-
sue a transportation system. She stated that while she agrees
with what Cm Staley is saying about having a transportation system
for the Valley, the fact is that someone has to go ahead and launch
a bus system; it's up to Livermore. She stated that this is a
very difficult decision for her to have to make but she believes
the measure does not have a chance to pass.
Mayor Futch stated that he will vote in favor of the motion be-
cause of the financial burdens that may be imposed by the state
in starting a system with a tax override.
Cm Turner commented that his concern is that if the City starts
a bus system and then the City goes to the people for additional
money and a measure asking for this money fails it means that
the bus program will have to be scrapped or operated from the
City's General Fund. If the system is scrapped it would mean
a very large loss in the way of capital outlay for the bus
system.
MOTION PASSED 4-l (Cm Turner dissenting) .
Mr. Parness asked for direction from the Council.
CM MILLER MOVED TO DIRECT THE STAFF TO PREPARE THE NECESSARY
REPORTS AND ANALYSIS FOR THE START OF A TRANSPORTATION SYSTEM.
Cm Miller stated that the reason he would like to make the
motion is because eight years ago he made the motions that
started the study for transportation in the Valley as a re-
sult of being told by his constituants that public transpor-
tation is needed.
MOTION SECONDED BY CW TIRSELL.
Cm Turner indicated that he does not understand what the
motion is aSking for and Cm Miller explained that the Council
needs reports as to what is required for starting a system
including applications for grants and an analysis of the cost,
etc.
CM-3l-l20
December l, 1975
(Con't Disc. re Tax
Override - Police and
Fire Protection)
Mayor Futch explained that included in the motion is that the staff
prepare the necessary documents for application of funds. If the
Council is satisfied with the reports and the fact that a system can
be started then the staff would be directed to apply for grants.
Cm Turner stated that he would vote for the motion, in that case,
because he would be interested in reviewing this type of report.
MOTION PASSED BY UNANIMOUS VOTE.
Mr. Parness noted that the Council took the initiative in urging the
other two urban centers of the Valley to join with us in a consolidated
intra-city transportation plan and at that time they were not interested.
COMMUNICATION RE
QUARRY RECLAMATION
PLAN
The Council received a copy of a
Commission to the County Board of
Industries, Inc.-California Rock
mation plan.
communication from the Planning
Supervisors concerning Lone Star
and Gravel Company quarry recla-
CW TIRSELL MOVED TO ADOPT THE REPORT PREPARED BY THE PLANNING
COMMISSION AND DIRECT THAT THE STAFF SEND THE REPORT TO THE COUNTY
BOARD OF SUPERVISORS AS THE CITY'S POSITION.
Cw Tirsell stated that she is concerned about Item 2. (Land Form)
because if this goes through at a 1 to 1 slope the land would be
virtually unreclaimable for anything except water enterprises.
There are some excellent points made with respect to what can be
needed in 25 years and she would suggest underscoring the P.C.
point about the 1 to 1 slope, AND INCLUDED THIS IN HER MOTION.
MOTION WAS SECONDED BY eM TURNER.
Cm Turner would like to know if the reclamation plan can be implemen-
ted and what guarantees the City might have. Possibly there could
be some type of tax imposed for the loads of gravel going out of
the plant to be placed in some type of trust fund to guarantee
the reclamation plan as well as an implementation schedule adopted
by the County that would be adhered to. If this were done the
City would have the schedule and the funds to carry out the plan.
Cw Tirsell commented that she believes this is an excellent idea.
Everyone knows that a 25 year old bond wouldn't do anybody any
good. She added that she would prefer that the County Board of
Supervisors not grant the permit until a study is done but it
is unlikely that the Board would adopt this suggestion.
Cm Turner wondered if the wording could be included in the motion
and Cw Tirsell expressed concern for the statutory authority to
impose a tax such as that suggested by Cm Turner. Perhaps the
staff might have some information on this aspect.
Mr. Parness indicated that he is not sure if this could be done
or not.
Mayor Futch noted that apparently traffic, noise, and other items
were not included as part of the EIR draft and wondered why they
were not included.
Mr. Musso explained that the EIR is on the reclamation plant - not
on the quarry. The quarry was approved 5 years ago and the EIR was
done at that time. It is difficult for everyone to understand that
this is not an application for a quarry permit but one of the re-
quirements listed in the permit.
CM-3l-l2l
December 1, 1975
(Comm. re Quarry
Reclamation Plan)
Cw Tirsell stated that she cannot understand why a reclamation
permit is being presented so long after the quarry permit was
granted and wondered if the 1 to 1 slope was in the original
permit.
Mr. Musso stated that he believes the slope was 1 to 1 in the
original application. The quarry is not in operation and this
is the vacant land for which quarrying is not allowed until they
have filed a reclamation plan.
Discussion followed concerning the slope and Mr. Lee indicated
that it would depend upon the type of soil used for reconstruc-
tion of a 3 to 1 slope, for example. If the soil could be com-
pacted and consolidated there would probably be no reason why it
couldn't be reconstructed.
Cw Tirsell commented that the point that Cm Turner made was that
the funds for reclaiming land should be derived from the profits
or the industry itself. She believes this is a point that should
be made strongly at the end. In the past these decimated lands
are farmed out to some public agency to come and buy and reclaim
and we pay for it on the tax rate - like Shadow Cliffs. We pay
for the land on which a great profit was derived and the point
that Cm Turner is making is that people who make a profit on
decimating that land should also be charged in some manner, or
required to be charged with the responsibility of reclaiming
that land and if they put it to another profitable use, this
would be their own business. It should be reclaimed to a good
planning use~t~~~~~o~~value rather than leaving a hole in
the groun~w~~~~-~PQRSQ to us. A statement to that effect
should be added to the letter to the Board of Supervisors.
em Miller stated that in the P.C. minutes it was pointed out
that just the water alone to fill that hole is $1 million
worth of water that will undoubtedly be a public expense.
Obviously $25,000 for a performance bond is too small and
a performance bond should start at $l or $2 million and go
up if the P.C. recommends it. He added that these are very
large companies that are involved and they can put up the $1
million in cash.
Cm Miller stated that if an extraction tax is collected there
can be assurance that there will be enough money to carry out
the reclamation. The $25,000 isn't going to be enough and it
isn't sure that the County has the right to collect a tax but
perhaps it could be done by contract as a condition of approval.
MOTION PASSED BY UNANIMOUS VOTE.
DISCUSSION RE CBD
ASSESSED VALUATIONS
Mr. Parness stated that in response to Council instructions
there have been a series of tabulations made on valuations
of different properties in the City - commercial (CBD) and
residential properties. He stated that he has just provided
the Council with another brief tabulation on bulk acreages
located in the City to show what has happened over the past
five years and over the last year and fluctuations in assessed
value.
Mr. Parness added that the tabulations were initiated based
upon some glaring problems discernible by our Finance Director
in the reports recently received by the County Assessor, as
opposed to what the estimates were several months ago.
CM-3l-l22
December l, 1975
(Discussion re CBD
Assessed Valuations)
During the past week the City received an answer to inquiry made
by the Finance Director and the communication was not clear
and one question was overlooked completely. The City intends
to pursue these questions further.
with the information from the Assessor, the City Finance Director
has prepared a brief analysis to bring the Council up-to-date with
respect to the Assessor's response.
Cm Miller stated that he will ultimately move that the City send
a letter to the Assessor pointing out the obvious discrepancies
which exist with the whole series of assessments and the pattern
of increase in commercial, industrial, and bulk acreage properties,
as compared with continual increases in residential assessed valua-
tions, including some of the decline on commercial property. He
would suggest that the City ask for an answer and at the same time
send a copy to the Grand Jury. If we don't get a response from the
assessor in three weeks he will suggest that this item be placed on
the agenda to send a letter to the Grand Jury with a copy to the
assessor.
He stated that he would like to give the arguments as to why he
has made the above suggestions. In looking at the residential
property assessments, the average increase last year was 8%. The
average and median increase in residential properties in the last
five years is 40%. This is the increase in the assessed valuation -
not the taxes. Taxes, however, have gone up also because of the
increases in tax rates. These assessment inequities are a national
scandal which have brought up time and again. The question of tax
assessment and those inequities was an issue a couple of years ago
when it was noticed there were decreases in property values in t~~
commercial areas. This was taken to the Grand Jury and there .~
been three years without any change in assessments for the downtown
properties, for example, and the Grand Jury inquired of the Assessor
who reassessed our downtown out of the order in which it would nor-
mally have been done.
The thing that is important to note is that the Assessor consistently
increases residential properties every single year and the Assessor
consistently leaves commercial constant for several years and some
of them are even lower now than they were five years ago.
Mayor Futch commented that procedure requires that there be a motion
on the floor prior to discussion and requested that Cm Miller go
ahead and make a motion.
CM MILLER MOVED THAT THE CITY SEND A LETTER TO THE ASSESSOR ON HIS
FAILURE TO MATCH KNOWN INCREASES IN PROPERTY VALUES, INCLUDING
PROPERTIES THAT HAVE LOWER VALUES NOW THAN THEY DID FIVE YEARS
AGO AND THAT A COpy OF THIS LETTER BE SENT TO THE GRAND JURY.
THE SECOND PART OF THE MOTION IS THAT IF THERE IS NO RESPONSE FROM
THE ASSESSOR IN THREE WEEKS, THE ITEM BE PLACED BACK ON THE AGENDA
FOR DISCUSSION OF A LETTER TO BE SENT TO THE GRAND JURY WITH A COpy
TO GO TO THE ASSESSOR. MOTION WAS SECONDED BY CW TIRSELL.
Cm Miller stated that the point he is trying to make is that resi-
dential property value increases every single year but commercial
property remains essentially the same for two, three or four years.
This means that relative to the commercial properties, residential
properties are sharing a larger burd~n of the overall tax than are
the commercial properties. There is no reason a relatively constant
factor couldn't be placed on commercial property each year and mis-
takes can be adjusted the same as with residential properties at
the time they are reassessed. This is a point that needs to be made
CM-3l-l23
December l, 1975
{Discussion re CBD
Assessed Valuations)
to the Assessor when the letter is sent to him. This year there
was an 8% increase for residential property and very few increases
for commercial property. Since the business properties are approx-
imately 10% of the assessed valuation of the City, there are approx-
imately $l4.2 million worth of assessed values. Since it should
have been approximately 8% higher for commercial property, it would
mean about $l.14 million more that the City should have had but did
not receive because the Assessor does not treat commercial property
the same as he does residential property. This also means that with
a tax rate of $l.50 per $lOO the City has lost about $l7,000. If
the same thing happens next year and residential property goes up,
the disparity is another $l7,000 next year on top of the $17,000
we lost this year.
Cm Turner stated that he would agree commercial property assessments
stay at the same valuation for longer periods of time than residen-
tial but assessments are based on numerous sales in the area. He
stated that he thought Cm Miller mentioned there had been a zero
increase in commercial assessments and wondered if Cm Miller was
referring to 1975-76.
Cm Miller stated that for 1974-75 the commercial properties, for
the most part, are relatively constant. About 3/4 of the properties
listed have the same assessment for 75-76 as they did for 1974-75,
and a couple of them are lower for 1975-76.
Cm Turner stated that for commercial properties there was a 42%
increase over the last five years.
Cm Miller stated that this is true, generally, but there are
very large variations.
Cm Turner stated that in 1975-76 there was an increase for commer-
cial property of 8.9% - this was between 1974 and 1975 and his
calculations indicate that there was a 9.2% increase for residen-
tial property for 1975-76, over the assessment of 1974-75. He
stated that he agrees that residential properties are carrying
the bulk of the load because of the increased assessments each
year. In many cases the only way the increase can be off-set
is to sell the home. Commercial business at least has the opportunity
to make up the increase through sales. There seems to be some inequity
but he is not convinced there is an inequity to the extent em Miller
has indicated because the average increase over five years is about
equal. He would argue that there has been an increase in the assess-
ments for commercial property, on the average.
em Miller pointed out that if one looks at the statistics for
1974-75, almost all of the commercial properties are the same
this year as they were the year before. There are some sharp
increases for some properties but this is because new develop-
ment has taken place in the ~bqt__~~~~~~ere are no new
buildings the assessments have^cha~~liE!large increases
on a few properties greatly affect the average that Cm Turner is
referring to. For most of the houses there is no new development
either but they went up 8% anyway. Every house on the list received
an increase - some more than others, but the variation around the
8% average is very small. The thing that is prominent is that
3/4 of the commercial properties had no increase in their valuation
between last year and this year.
em Turner stated that he would agree there are some inequities
but he wanted to show that on the average there was an increase
for commercial properties equal to the increase for residential
assessments.
CM-3l-l24
December l, 1975
(Discussion re CBD
Assessed Valuations)
Cm Miller pointed out that one large increase can distort the
average.
Cm Turner stated that Cm Miller used the word "zero" which means that
there were no increases for commercial properties.
em Miller explained that he indicated that almost all of the proper-
ties had no increase. Surely some of them did, but most did not.
em Staley stated that he has nothing to add that hasn't already been
said. In looking at the list of properties there are disparities
and he would suggest that the Council ask for specifications for
specific changes, or lack of change, but in general terms rather
than for a specific property until more information is available.
A VOTE WAS TAKEN AND THE MOTION PASSED BY UNANIMOUS VOTE.
Cm Miller stated that the Herald and News recently di~ected a very
nasty editorial against him for having the effrontery to suggest
that business properties should pay their fair share of property
taxes. The evidence for his stand was the fact that all residen-
tial properties have had substantial increases in assessed valua-
tions this year and, in fact, every year, whereas most business
properties were unchanged from last year and some are even lower
than five years ago.
No one can honestly argue that there have been no increases in
commercial property values in the last year or In the last five
years. Consequently, the Herald's reaction which is clearly
beyond their customary semi-weekly attack on the Livermore City
Council must mean he struck a sensitive nerve, and indeed he did.
It turns out that the Herald and News occupies a property which
has a 15% lower assessed valuation than it did five years ago.
Contrast this 15% lower with the average and median, 40% higher
assessed value for residential properties in the last five years.
The Herald and News does not own their building; they lease or rent.
However, the present owner, Mr. Regan, told the Council in a dif-
ferent context that leases usually require renters to pay increases
in taxes. While the Herald and News lease is not a public document
it does seem very likely that the Herald and News would have to pay
more if the building had had the same assessed valuation increases
as all the rest of us received.
This suggests that the Herald and News is very likely involved in
a cover-up of their own financial interests in keeping downtown
property assessments low. The Herald and News may not print any
of the above discussion because they frequently suppress stories
critical of their image but he would hope that other papers will
let the public see the hilarious hypocrisy of the Herald's editorial
writers.
RECESS
After a brief recess the Council meeting resumed with all members
of the Council present.
RETURN TO COMMUNICATION
RE MOBILEHOME LOTS &
PARKING
Mr. Leonard, 1892 Montecito Circle, stated that he received a letter
from HUD indicating that the law regarding parking vehicles on a
mobilehome lot is unclear as presently written.
CM-3l-l25
December 1, 1975
(Mobilehome Lots & Parking)
He stated that he has a recreational vehicle he would like to park
on his mobilehome lot but since the law is not clear he does not
know what he can do.
Mayor Futch commented that Mr. Leonard has spoken to the Council
concerning this matter in the past and the Building Inspector
contacted the state to make sure his interpretation was the same
as theirs. Until the law is changed or until something is received
from the state to indicate that there should be a different inter-
pretation, there is nothing the City can do. He added that this is
a state law and the City has confirmation that the interpreta-
tion of it is correct.
REPORT RE MITIGATION
MEASURES - ENV. CONCERNS
The City Council instructed that a tabulation be made as to all
of the prospective mitigation measure that might be considered
officially that would be effective for environmental improvements.
A list has been submitted to the City Council for formal endorse-
ment with any modifications the Council might wish to make. The
endorsement of the list is necessary as a supplement to our pend-
ing application for a federal-state grant for treatment plant
expansion.
Mr. Parness explained that the staff prepared a series of mitiga-
tion measures under the broad categories that EPA seems to favor.
The staff has tried to respond to all areas but there may be items
the Council might wish to list or some that they may wish to con-
solidate or delete.
Mayor Futch suggested that the Council select a half dozen items
that are pertinent and that the Council feels will have the most
effect and to try to determine what quantatative effect might be
anticipated from the mitigating measures the Council deems desire-
able. He believes that some of the measures are not 9Rly mitigat-
ing but may have the opposite affect. For example, if shopping
is eliminated by eliminating parking spaces in downtown Livermore,
people will prefer to drive to larger shopping centers in another
location where this type of mitigating measure has not been taken.
Mr. Parness commented that this type of thing presumes that another
mitigation measure will be taken to satisfy the need, such as a
local transit system.
Cm Turner wondered if there is any support for the suggestion made
by Mayor Futch to consider half a dozen of the items and Cw Tirsell
stated that she was going to suggest reorganizing them with about
six major categories.
Cm Turner asked if there could be a sub-committee of the Council
to do what Cw Tirsell has suggeste.d and bring a suggestion back
to the Council rather than to sit and discuss it this evening.
Cm Staley stated that he would like to make one request and that
is that the word "disincentive" be substituted with another word.
He indicated that he finds this to be a "non word" and does not
like it.
Mr. Parness explained that this is EPA semantics and the staff
tries to use the same type of applicable wording.
Cw Tirsell stated that she would suggest rewording of B. 1.
"Consideration of conversion of one lane in commuter direction
for car pools and possible public transportation.", or to add
CM-3l-l26
December l, 1975
(Report re Mitigation
Measures - Env. Concerns)
wording "on Highway I-580" or a 5th item under "B" with wording
as follows: "We support the six lane widening of I-580 with one
lane preserved for buses and car pools." This is an important miti-
gating measure and she would like to add this to the list.
Cm Turner stated that he really doesn't want to discuss this item
because everyone has made their views known concerning the widening
and reservation of the lane for buses, etc.
ern Miller stated that part of the reason for this discussion is
that there is a letter from Lila Euler of LAVWMA asking a series
of questions which require submission to LAVWMA. They have asked
that the City respond to these questions by November 30, and obvi-
ously the City did not meet that date but the staff should prepare
a response to be sent to LAVWMA. The Council should, have a sub-
committee to think about these items also.~~~_
~ fhn~~~~
Mayor Futch suggested thatAthe Director of Public Works meet with
the Ceafteilm~mS8~G to discuss some of the items and to help clarify
some of the concerns with a report to the Council that can be for-
warded to LAVWMA.
REPORT RE EIR FOR
GENERAL PLAN
(Grunwald Crawford & Assoc.)
The planning consultant firm has prepared a proposal for the prepara-
tion of an EIR for the General Plan program that will qualify for
state requirements. It is recommended that the Council adopt a
resolution concerning a contract amendment.
Mayor Futch stated that he would like to know on what date the EIR
can be ready.
Mr. Parness stated that he can't answer that question at this time
but Mr. Crawford, the consultant, has indicated that it will not be
a monumental undertaking. He will try to obtain this information
from the consultant but he would assume it would be ready prior to
hearings concerning the General Plan.
Mr. Musso stated that he spoke with Mr. Crawford today and he indi-
cated that the EIR could be ready in a week or two. After this
is done the notice of completion can be sent out and there would
be a period of about 30 days in which individual agencies can have
the opportunity to respond to the EIR.
Cw Tirsell stated that this would be an expenditure of public funds
and would assume the Council needs a resolution. She wondered if
this could be approved with a subsequent resolution to appear on the
agenda.
Mr. Logan stated that this is the third amendment to the agreement
and there will also be a resolution. Due to the short week, last
week, the resolution has not been given to the Council and the third
amendment to the agreement is not quite consistent with their pro-
posal at this time - it has to be adjusted. If the Mayor feels the
resolution is not consistent at the time he is to sign it, he can
bring it back to the Council for discussion.
Cm Miller stated that there is a condition he would like to impose
on the contract - that the draft EIR include the results of the
air quality material from the LAVWMA Environmental Impact Statement.
They have made it clear that no additional air quality analysis will
be done by them and there was some concern that their EIR was not
as complete as it could be.
CM-3l-l27
December l, 1975
(Report re EIR for
General Plan -
Grunwald Crawford & Assoc)
Mr. Musso stated that he did suggest that the growth inducements
be included in the plan because the City made such a point of this
with the Las positas Plan.
Cm Miller stated that the air quality aspects of this are important
with respect to what the City does in the future and in dealing with
the County and the Geldermann project.
CM MILLER MOVED TO ADOPT A RESOLUTION REGARDING THE CONTRACT AMEND-
MENT, SUBJECT TO INCORPORATING THE APPROPRIATE AIR QUALITY MATERIAL
INTO THE PLAN OF THE EIR AS TAKEN FROM THE EIS. MOTION SECONDED
BY CW TIRSELL.
The City Atorney suggested that rather than to incorporating this
into the agreement the Council just suggest to them that this be
done but not include it as a contractural requirement.
MOTION AND SECOND WERE WITHDRAWN AT THIS TIME.
CM MILLER MOVED TO DIRECT THE STAFF TO PREPARE THE RESOLUTION RE-
GARDING THE CONTRACT AMENMENT AND THAT A LETTER BE SENT TO GRUNWALD,
CRAWFORD & ASSOCIATES POINTING OUT THE WEALTH OF VALUABLE MATERIALS
IN THE LAVWMA EIR WITH RESPECT TO THE AIR QUALITY MATERIAL, THAT
SHOULD BE INCLUDED. MOTION SECONDED BY CW TIRSELL.
Crn Turner stated that in the estimated cost the consultant is going
to charge the City an additional $320, in addition to the contract
cost, for each public hearing and he would like to know if this
is necessary.
Mr. Musso indicated that apparently they have satisfied the con-
tract, relative to the number of public meetings they are to attend
for the whole project. Anything additional as far as future hearings
by the Planning Commission or the Council will be charged separately.
MOTION PASSED BY UNANIMOUS VOTE.
The City Attorney explained that the resolution for this item
will not appear on the Consent Calendar next week because it is
an important item that he will prepare for signature by the Mayor.
CONSENT CALENDAR
Res. Amending PUD #2
- Palomar Mortgage Co.
The following resolution reflects Council action taken on Novem-
ber 24, relative to amendment of PUD #2, for Palomar Mortgage
Company.
RESOLUTION NO. 246-75
A RESOLUTION AMENDING PLANNED UNIT DEVELOP-
MENT PERMIT NO.2 (Palomar Mortgage Co.)
Res. Approv. Tent.
Parcel Map No. l807
The following resolution reflects Council action taken at the
meeting of November 24th. Cm Miller indicated that he would
vote against this item in approving the Consent Calendar.
CM-31-l28
December 1, 1975
RESOLUTION NO. 247-75
A RESOLUTION CONDITIONALLY APPROVING TENTATIVE
PARCEL MAP 1807 (Capitol Metals Company)
Resolutions re Notice
of Completion
The following resolutions have been prepared accepting improvements
of the Heather Lane bridge the Arroyo Mocho bikeway, and IIartford
Road bikeway.
RESOLUTION NO. 248-75
A RESOLUTION ACCEPTING IMPROVEMENTS
(Heather Lane Bridge and Related Improvements)
RESOLUTION NO. 249-75
A RESOLUTION AUTHORIZING AND DIRECTING THE
DIRECTOR OF PUBLIC WORKS TO RECORD NOTICE OF
COMPLETION RE PROJECTS 74-7 AND 75-39 (Arroyo
Mocho Bikeway and Hartford Bikeway)
Res. Auth. Exec. of
Agree for Federal
Grant - STEP PROGRAM
A resolution has been prepared authorizing execution of agreement
by the City Manager for a federal grant application to the Criminal
Justice Planning Board for our STEP program. The budget is in the
amount of $50,751 of which the City is required to contribute $2,538.
RESOLUTION NO. 250-75
A RESOLUTION AUTHORIZING APPLICATION FOR
GRANT AND AUTHORIZING MATCHING FUNDS (Stra-
tegic Team Enforcement Program).
Report re Request for
Crossing Guard -
Florence & Vancouver
A report from the Public Works Director indicated that at this
time there is not a need for a crossing guard at the intersection
of Florence Road and Vancouver.
Cm Turner stated that he asked that this item be on the agenda and
a report prepared. He would like to suggest that the City contact
the School Board with the suggestion that students be used as cross-
ing guards for some of the less critical crossings. There are some
areas that do not meet the warrants but yet the parents are concerned
about various crossings. The Council concurred.
Minutes - Various
The following min~tes were submitted for Council information:
Social Concerns Committee - October 16
Planning Commission - November 4
Payroll & Claims
There were 23 claims in the amount of $112,746.58, dated 11/13/75,
and approved by the City Manager.
CM-31-129
December 1, 1975
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CW TIRSELL, SECONDED BY CM_STALEY AND BY UNANIMOUS
VOTE THE CONSENT CALENDAR WAS APPROVED. NOTE THAT CM MILLER
CAST A DISSENTING VOTE ON THE ITEM APPROVING TENTATIVE PARCEL
MAP NO. l807.
MATTERS INITIATED
BY THE STAFF
(Offer to Sell Land
to the City)
Mr. Parness stated that the owner of property located in the
Springtown Golf Course area has offered to sell a small parcel
to the City, which Mr. Parness illustrated to the Council. He
stated that it consists of about 3.3 acres of property. It is
not critical to the use of the golf course but they would like
to know if the Council would be interested in purchase and at
what price.
The adjacent ~O acres of property has been appraised at $47,000
and this amount has been offered to the owners. The value has
been raised because there are public works improvements to the
property. Mr. Parness indicated that the property is of no
real value to the City other than possible enlargement of the
golf course or use of the maintenance building on this site.
Mr. Parness asked the owners if they would be interested in
selling the 3.3 acres to the City along with the 10 acres
appraised at $47,000, for $50,000 and they indicated that they
would be interested in doing this.
The City Attorney explained that the important thing to note is
that if the Council deletes the improvements from the original
Galloway Park property value, there would still be about $2,000
or $2,500 per acre of land that is unimproved. Therefore,
$900 per acre would be an exceptionally good price if the
company is willing to sell all of this for the $50,000.
Cm Turner noted that the money to pay for this land would
have to corne from the Golf Course funds and wondered if
money of that amount is available.
Mr. Parness stated that this kind of surplus is not available
and that it would have to be an accounting matter and work it
into the budget in the corning years. There would be $3,000
against the golf course and $47,000 against the Park Fund.
(Purchase of
Elliott Property)
Mr. Parness stated that he has not been contacted formally,
but he understands that the County has agreed to the purchase
of 19 acres of land owned by Mr. Elliott in conjunction with
the Isabel Highway project. Prior to purchase it should be
decided if there should be an access way to the highway. At
one time this property was to be developed residentially and two
lots were reserved for this purpose and inadvertently a building
permit was issued for one of the lots. The other lot remains open
and the developer has requested a building permit for that one.
Access to the residential area is very poor and it would seem reason-
able that some means be found to provide access to the intended high-
way from the residential area.
CW TIRSELL MOVED TO SEND THIS ITEM TO THE PLANNING CO~MISSION AND
ASK THAT THEY LOOK AT ACCESS POSSIBILITIES, SECONDED BY CM TURNER
AND PASSED UNANIMOUSLY.
CM-3l-l30
December l, 1975
MATTERS INITIATED
BY THE COUNCIL
(Signs)
Cm Miller stated that he noticed that there was some concern at the
County about making the Concannon Winery and the Olivina property
put in smaller signs. The question was raised that these are his-
torical properties and that the signs should remain due to their
historical nature and that they should be allowed a variance of
some kind. It was suggested that Livermore should send a letter
to the County suggesting that because these signs have historical
significance and that the County should consider an exemption from
the ordinance.
The Council concurred.
Cm Turner stated that he agrees that the signs have historical
significance but Concannon Winery, for example, is conducting a
business to make a profit and to give them a variance might cause
problems. There may be other merchants in the area who might de-
cide to take the same approach if one variance is allowed.
Mr. Musso was asked to check into the age of the signs and report
back to the Council.
(Junk Yard Sales)
Cm Miller stated that he has had a complaint about a junk yard and
auto parts sales off of South front Road and it mayor may not be
in the City because he is not sure of the exact location but it
is on McGraw Road.
Mr. Musso indicated that he believes this is located in the County.
Cm Miller asked Mr. Musso to check into this and if it is in the
County a letter should be sent to them asking if this use is permitted.
(Re AB 15)
Cm Miller stated that there is a measure in the Assembly which is
under a lot of pressure, called AB 15, having to do with protection
of prime agricultural land. He added that the Council has discussed
preserving agricultural land in conjunction with the General Plan and
he believes AB 15 deserves the support of the City Council and we
should ask that our Assemblyman, Floyd Mori vote for it.
The Council also requested a copy of the bill from the staff.
(BASSA Hearing)
Cm Miller stated that a couple of weeks ago there was a BASSA hear-
ing at which LAVWMA and Zone 7 were, "competing", for who will do
waste water management for the Valley. We have supported LAVWMA
and we have not supported Zone 7, but there were people at the
hearing in support of Zone 7.
Those in support of Zone 7, or at least some of them, were associ-
ated with Mr. Geldermann's project and the City should send a letter
to BASSA pointing out that there are people with a very private inter-
est who were testifying in favor of Zone 7.
Cw Tirsell stated that Lila Euler was given the opportunity to
present a rebuttal to Zone 7 supporters and Cw Tirsell is sure
this very point was made by Mrs. Euler. While Zone 7 continues
to say that they have no interest in building sewage treatment,
the fact that land owners are in favor of Zone 7, is an indication
that makes everyone very nervous about the designation.
CM-3l-13l
December 1, 1975
(BASSA Hearing)
Cm Miller stated that he sees no harm in expressing this more than
once and would suggest that a letter of this nature be sent to the
BASSA Board and their committee.
Cw Tirsell felt that sometimes a point can be overdone and she
believes that Mrs. Euler has done a very good job.
It was noted that the Council has requested a list of the names
of people who spoke in favor of Zone 7, and after the list has
been received perhaps it can be pointed out that the same people
testified at the ABAG hearing, and what they said.
The Council concurred.
<Acquisition of County
Administration Center)
Cm Staley stated that he read in the newspaper that the Board of
Supervisors will have a public hearing concerning the acquisition
of property for the County Administration Center in Pleasanton.
He would suggest that the Council and the staff send one or two
letters opposing acquisition of the Pleasanton property. In the
past the Council has sent a letter or two opposing the acquisition
of the Pleasanton property and wondered if it would be customary
to send somebody to testify at the meeting.
Cm Miller felt this would be reasonable and that perhaps someone
from VCSD would also be willing to testify and point out what
fraction of the population of the Valley is represented.
Cm Staley stated that he would be willing to give testimony and
will try to reiterate the points made in the letters.
(Newspaper Article re
Planning for the Valley)
Cw Tirsell stated that she read a letter in the newspaper today
written by Fred Cooper in response to Lila Euler's letter about
the planning efforts in the Valley and hoping the County will
upgrade their planning efforts to agree with the levels of
population we have agreed to which is essentially E-O funding.
Mr. Cooper pointed out that all the smog blows in from outside of
the Valley and 80,000 people here or there doesn't mean a thing. It
doesn't matter whether or not the Valley has 80,000 more people.
.
'0 Cw Tirsell stated that
1~ tion and certainly has
wondered if VCSD could
report for his perusal
_ pollution study.
~ Mr. Cooper also claims
J nothing as
, haS-
~ nothing and
~S
Cm Miller suggested that the LAVWMA EIS might also be sent to
him for informational purposes.
apparently Mr. Cooper is not receiving informa-
not received the latest information. She
be asked to send him a copy of the A. B. Little
on air pollution in addition to our own air
a copy of the
the Vall
out that
He evidently
Livermore
ne
rowth
has read
ion
the letter that
rowth and h
CM-3l-l32
December 1, 1975
(Funds re Construction
of Bikeways)
Mayor Futch stated that in reviewing the pamphlet from the League
of Women Voters there was information on two legislative bills to
provide funds for the construction of bikeways. One bill allows
$9 million, annually, for the construction of Class I bikeways for
commuters and to eliminate hazards on existing bikeways.
The second bill provides $5 million for commuter and bicentennial
bikeway routes. The Bicentennial Committee expressed interest in
this type of thing and perhaps the staff could obtain copies of
the two bills.
ORD. RE MUNI. CODE
AMEND. RE SEWER
€APACITY ALLOCATION
CM TURNER MOVED TO POSTPONE THE ORDINANCE CONCERNING A MUNICIPAL
CODE AMENDMENT RELATIVE TO SEWER CAPACITY ALLOCATION, TO THE NEXT
COUNCIL MEETING.
He stated that the reason for his request is so the Councilmembers
will have the opportunity to review information presented by the
Planning Director just this evening, in written form.
MOTION SECONDED BY CM MILLER.
Cm Miller stated that Section l8.19.3 talks about what the City can
do after the size of the sewer plant is increased and it was his
understanding that the Council voted to delete that entire section
as something to be resolved later.
Mayor Futch stated that he has some wording he would like to suggest.
His concern is that he doesn't know what the City will have to agree
to and what will be required as a mitigating measure in terms of per-
centage for commercial and industrial. Therefore, he would like to
leave a loophole and would suggest the following wording for Section
l8 . 19 . 3, I tern (1):
(1) a new residential use, provided that such use is
consistent with mitigating measures proposed in the
City's application for additional sewage capacity
above 5 MGD, and provided that no more than 45 percent
of the increase in capacity has been used for resi-
dential connections, other than low or moderate income
as provided for in Item (3).
Mayor Futch stated that if the City has to promise not to use any
residential or very residential in order to get the sewer plant
capacity, then it would be consistent with the wording he has
suggested.
The Council asked that this wording be prepared by the staff
and included in the agenda packet for discussion next week.
The City Attorney asked if it is the Council's intention that
the ordinance be amended, and the Council indicated that they
would like this wording on a separate sheet of paper indicating
a proposal for amendment.
Cm Miller stated that he would like to see this section deleted
or to ask for a larger percentage of allocation to commercial
and industrial with a much smaller percentage allowed for resi-
dential development, and to specify the mitigating aspects of this
stand.
HOTION TO CONTINUE PASSED BY UNANIMOUS VOTE.
CM-3l-l33
December l, 1975
PROPOSED MUNI. CODE
AMEND. RE ELECTION
CAMPAIGN CONTRIBUTIONS, ETC.
Cm Miller stated that the amendment to the Municipal Code rela-
tive to election campaign contributions and expenditures has
been proposed and drafted at the request of Cm Turner and
himself. The purpose of the amendment is to clarify language
and tighten up the wording to provide for a complete dis-
closure prior to the election and to provide penalties for
those who cheat.
During the last election there was a willful violator of the
existing provisions. There is nothing unusual about the pro-
posed amendments because all of them are already contained in
ordinances of other cities, particularly San Diego and Chula
Vista. The changes being proposed are l) that the value of
services be counted in contributions if they are provided by
somebody in their professional or customary occupational field.
In other words, if a commercial artist provides fliers, this
would be a contribution; however, if the commercial artist serves
as a treasurer he would be considered a volunteer. 2) is to
reduce the $5 limit either to $1 or zero and all contributions
are reported. It is not that difficult to report all contribu-
tions because he has done it as have Cw Tirsell and ern Turner.
There is some resistance to that plan, however. 3) if there
are no reports for names in a "kitty" then it is an anonYmous
contribution and is treated as a anonYmous contribution.
4) no outside group can spend money for a candidate without
permission. The candidate cannot "fake" a committee, thereby,
nor can a committee embarrass a candidate because that committee
is subject to the penalties for violating the Section. There
could be a committee organized solely to make a candidate go
over his expenses and he is not liable in this circumstance, but
the committee is: 5) false names cannot be generated and a
contribution cannot be made for someone else without disclosing
who that somebody else is. There are no corporate or business
contributions and it has been suggested by Cm Staley that we
include labor organizations which Cm Miller feels is a good
addition: 6) that there be no contributions, expenditures,
or contracts, after the 10th day before the election so there
is a complete disclosure of everything before the election
takes place and the public knows of everything that will be
expended and where the money came from. This means there will be no
expensive "last minute" smears a couple of days before the election.
7) the candidate is not penalized if somebody spends money without
his knowledge - this should edeter the phoney committee. 8) failure
to file properly before the election or after the election will dis-
qualify a candidate from office.
These provisions may appear to be tough but they do exist in other
cities. Since the candidates will know of all of this in advance
they will have to be sure that there is no inadvertent failure to
file. If they have to duplicate records or whatever, they can do
so but they can't claim that they didn't know what was expected of
them. Cm Miller stated that, in fact, he will ask that the City Clerk
provide each candidate with a copy of the ordinance and a summary to
show the provisions and penalties, at the time of final filing so
there will be no question about what is required.
He stated that the issue here is that in order for all of the pro-
visions to apply for the next election, it must be adopted as an
urgency ordinance this evening and requires four supporting votes.
If the Councilmembers are dissatisfied with one section or another
that portion would have to be deleted unless there are four votes.
Cm Miller suggested reviewing the ordinance, page by page, discuss-
ing the various amendments. Beginning with Page 1, he suggested
an addition of the following wording:
CM-3l-l34
December 1, 1975
(Proposed Muni. Code
Amend. re Election Cam-
paign Contributions, etc.)
In order that all candidates be fully aware of the
provisions and penalties of this article, the City
Clerk shall provide to each candidate, at the time
he files his nomination papers, a copy of this arti-
cle together with a summary of its provisions and
penalties, including the dates for filing disclosure
statements.
The Council concurred with this additional wording.
Cm Turner suggested that the candidate sign an evidence of receipt
of the abovementioned material.
The City Attorney explained that the Council is amending the ordinance
rather substantially and he would suggest that if the Council wishes
to adopt it that it be introduced this evening and final adoption
next week. The law requires that the ordinance to be adopted is
to be in writing before the Council at the time it is adopted. It
cannot be amended page by page. If there are to be amendments to
any great extent he would have to advise that the Council not adopt
it until next week.
It was noted that candidates may file beginning December 4th and
the next Council meeting will not take place until December 8th
and it is necessary to adopt the ordinance prior to the date papers
are taken out by candidates.
Cm Miller suggested that if the Council wishes to adopt a resolution
with the amendments suggested an adjourned meeting could take place
prior to December 4th, for adoption of the ordinance.
Cm Staley suggested that all the wording be discussed this evening
and the ordinance can be adopted at an adjourned meeting. This
ordinance could become effective the date it is adopted because it
is an urgency ordinance.
Cm Miller reviewed the other proposed changes with the Council
beginning with Page 2. (d), as follows:
(d) Committee means (1) a committee, person, or group of
persons organized......etc.
(d) (2) any committee, person, or group of persons aiding
directly or indirectly.......etc.
(e) Contribution means a payment, gift, subscription, pur-
chase, assessment, contract, payment for services, dues,
advance, legally enforceable, to or on behalf of a candidate,
committee.....etc.
Page 3, has to do with furnishing services, etc. and Mayor Futch
expressed concern that a candidate may not know if he is violating
the law with respect to services. For instance, he may ask someone
to help paint signs and possibly someone painting signs for him did
professional painting in the past and is now employed at a different
type of occupation.
Cw Tirsell asked what the advantage would be in having the amend-
ment relative to the services.
Cm Miller stated that if a professional sign painter volunteers
to do sign painting it is equivalent to a very large amount of
money. He would argue that placing "services" in this category
CM-31-135
December 1, 1975
(Proposed Muni. Code
Amend. re Election
Campaign Contributions, etc.)
is that "services" is in the state statute and the state statute
already requires that services be given a value. The only dif-
ference is that a reported minimum contribution is lower because
these are local elections and this is the only difference. Many
other cities have "services" included in their contribution reporting.
Cw Tirsell stated that she would have to agree with what Cm Miller
has said because essentially one could construct a professional
campaign without any cost to the candidate. She added that at
the time she was a candidate she had friends that offered~.dl-
do signs for her and this was a very large savings. She
have been required to include this in her campaign report.~~~~ ,
ern Miller stated that the point of this issue is that the ordi-
nance is spelled out so that these are in the summary.
Anybody who is a campaign treasurer or organizer knows that
this is one of the things that has to be reported and they have
to watch out for certain things, everyone will have adequate
notice.
The Council concurred that the following wording should be
included on Page 3, beginning with the third paragaph to
read as follows:
The term "contribution" shall include goods, materials,
services, facilities or anything of value other than money
contributed or expended, and the monetary value thereof
shall be the fair market value; provided, however, it shall
not be necessary to establish a monetary value for truly
volunteer activities in other than the volunteer's pro-
fessional or customary occupational field and the furnish-
ing of insignificant goods, materials, and facilities of
a de minimum nature (e.g., coffee and cake or the use of
private homes on behalf of a candidate) . --
Fourth paragraph, Page 3, should read as follows:
The term "contribution" shall not include loans except
forgiveness of loans or payment of loans by a third party
required to be reported by subdivision (i) of Section 11518
of the California Elections Code, or amendments thereto.
The term "contribution" shall not include the payments
made by an individual for his own travel expenses...etc.
There was discussion concerning the amount of contribution to be
reported and Cw Tirsell stated that her treasurer went to more work
to separate those who contributed over a certain amount from those
who contributed less. She felt it is easier al the way around to
report all contributions because all of ave to be noted
by the treasurer anyway. Cm Miller and Cm urner concurred.
ern Staley stated that he believes the ordinance is designed to limit
campaign spending and that it is reasonable to require disclosure
of amounts that are contributed to a candidate which are so great
as to bring in potential conflict of interest situations. On the
other hand, the suggestion that the general public is entitled to
know the name of anybody who gives a penny to any candidate is
going further than he is willing to go. This is almost as bad as
saying that someone is not entitled to a secret vote and if anyone
gives any contribution to a candidate his name and support becomes
public property. He stated that $5 can, in no way, be construed
as influencing a candidate and on that basis will not support lower-
ing of the $5 limit. He would support the ordinance as it stands
at $5.
Clvl-31-136
December 1, 1975
(Campaign Contributions)
Mayor Futch stated that he agrees with what Cm Staley has said.
Page 4, relative to the dollar amount will remain $5 rather than
$1 as proposed by Cm Miller.
Cw Tirsell stated that this amount really caused her treasurer
a lot of work and Mayor Futch stated that this is not necessary
because any amount can be reported, it is just not required that
anything under $5 be reported.
Cm Turner stated that the point is, the treasurer has to keep track
of anything that comes in, according to the law, and there is no
reason ,the records can't be made public.
Cm Staley stated it is true the treasurer can report anything he
wants to, but this is a matter of principle and people should be
allowed their rights as private citizens.
Cm Miller stated that the whole concept of disclosure is that
disclosure be total. Every name and amount should be reported.
Discussion followed concerning Section 2.50.1, Independent Organiza-
tions, Page 5.
Cm Staley stated that he believes contributions should be limited
to individuals. There is no need, in a municipal election, for
any organized group of people to make a contribution and this is
the type of thing that sways a candidate and allows large amounts
of money to be donated to campaigns of favored people. He would
suggest that campaign contributions be limited to individual people
and individual names and contributions by any group or fictitious
entities should be prohibited.
Cm Miller stated that what Cm Staley has said is a good point but
the ordinance says that any committee must disclose - all committees
and committee members must report what they contribute. The groups
that are difficult to control are the labor unions and the
business organizations, but there are provisions on the next page
or the page after that to prohibit labor contributions, etc.
He believes that Cm Staley's concerns will be taken care of
in the ordinance with the present wording.
Discussion followed concerning Section 2.50, Anonymous Contributions.
Cm Miller stated that with respect to a contribution to a "kitty",
if there is a kitty in which people dump in $5 there name is to
be associated with the contribution. If there are no names asso-
ciated with the contributions they are not given in the report
and deemed to be an anonymous contribution and anonymous contribu-
tions go to the City treasury.
Section 2.50, Anonymous contributions, last sentence should read:
Any contribution to a "kitty" for which the report
required by Section 2.49(g) (1) cannot be made shall
be deemed an anonymous contribution.
Cw Tirsell stated that she believes she sees a loophole in this
wording. A candidate could sell 8,000 tickets, for example, and
place them in the "kitty" as anonymous contributions.
Cm Turner stated that even though you do not report such contribu-
tions, as far as the treasurer's official records there has to
be some name associated with that donation before it can be
accepted.
CM-3l-l37
December 1, 1975
(Campaign Contributions)
Cw Tirsell stated that for the candidate's own bookkeeping pur-
poses maybe, but not for disclosure purposes.
Cm Turner suggested to Cm Staley that he might want to reconsider
his position, and Cm Staley stated that he had considered it and
he was about to suggest an amendment. For the legitimate pur-
poses of the ordinance, he felt if you put a percentage on the
amount of contribution of $5.00 or less - 10% of the gross rate
or something like that - and it exceeds that, then they would
have to disclose the name.
Cm Turner and Cw Tirsell both felt that would be too complicated,
and Cm Staley agreed it might be a problem, but not sufficient
to make him change his mind.
Cw Tirsell stated you have to raise money somehow and a person
could buy a hundred $4.00 tickets and give a $400 contribution
that would not have to be reported and Cm Staley stated he would
be very happy to go along with a limitation on anonymous contri-
butions or contributions of less than $5.00, but was just not
willing to presume that will happen, but he was told that it has
happened.
Mayor Futch referred to a clause in the ordinance that limited the
number of tickets for fund raising events, and asked if that did
not take care of the matter, but Cm Miller stated that it did not
as someone could buy a hundred $4.00, report two of them and then
resell them to others.
Cm Turner stated that the ticket situation is a real issue and can
be exploited and there definitely is a loophole. He continued that
he could see no basis for the argument that there should be some
privacy for donations of under $5.00.
This point was further discussed and Cm Staley stated they could
require a record of all doners, because a ticket is not really a
contribution, or doesn't have to be a contribution. It can be a
raffle and all tickets sold would require a name and a person could
give a candidate a small amount of money and show their support, then
they are covered. His point is that if a person wants to give some
money and doesn't want his name known but isn't out to evade the contri-
bution statute and isn't out to influence the candidate unduly by a
large amount of money and he feels that protection should be covered
in the ordinance.
This point was dropped at this time with the hope that Cm Staley
and Mayor Futch would reconsider their position.
Cm Miller offered the following changes in Sec. 2.50.1:
To insert the word committee in the first line, to have
the sentence read "Any committee, person, or group..."
Insert committee in the 5th line of the same paragraph
so that the sentence would read, "All contributions or
expenditures by such committees, persons, or groups of
persons..." In the 4th line after the word "authoriza-
tion add "in writing". Insert the word committee in
the last sentence of the section to read:
.Anyone contributing money, materials, or services
for or from another committee, person or persons must
file the name and the other items of Section 2.49 (g) (1)
for that committee person or persons."
In (d) of Sec. 2.50.2 "special election fund" was changed to
"General Fund".
CM-3l- 138
December 1, 1975
(Campaign Contributions)
em Staley suggested a change in the title of Sec. 2.50.2 to read:
"Prohibition of Corporate and Business Contributions", and (a) to
read as follows:
"(a) Only a natural person shall payor contribute, or
offer, consent, or agree to payor contribute, directly
or indirectly, any money, property, free service, or
other thing of value to any candidate, committee or cam-
paign treasurer, or to any person for the purpose of
influencing an election."
Cm Miller changed the 2nd paragraph in accordance with Cm Staley's
suggestion to read as follows:
"Failure by any candidate or his or her treasurer to file
on the 5th day before the election will disqualify that
candidate for election to office, unless such report is filed
on the next working day accompanied by a penalty filing
charge of one hundred dollars ($100.00). No late report
will be accepted without the penalty filing charge."
Cm Staley explained his reasons for adding the penalty for late
filing which was added.
It was decided that a regular adjourned meeting should be held
at 8:15 a.m. Wednesday, December 3, to further consider this
campaign ordinance which is to be rewritten to incorporate the
changes made this evening.
ADJOURNMENT
There being
meeting was
on December
Street.
no further business to come before the Council the
adjourned to a regular adjourned meeting at 8:15 a.m.
3, in the City Hall conference room at 2250 First
{
(
ATTEST
~/~
_ a1~~ayor,~~
Livenr'nia
(
t
APPROVE
CM-3l-l39
I
Adjourned Regular Meeting of December 3, 1975
An adjourned regular meeting of the City Council of the City of
Livermore was called to order at 8:25 a.m., on December 3, 1975,
in the City Hall Conference Room, 2250 First Street.
ROLL CALL
Present: Cm Miller, Staley, Tirsell, Turner and Mayor Futch
Absent: None
Ck~PAIGN CONTRIBUTIONS
AND EXPENDITURES
The Council discussed the proposed municipal code amendment re-
garding election campaign contributions and expenditures. The
following changes were investigated and it was decided to incor-
porate them in the draft:
a) Sec. 2.49 - Definitions (h) (1) should read "The full name,
complete mailing address and occupation of any person..."
b) Within the draft, any place where $5.00 is listed it should
be changed to $1.00 as the contribution to be reported.
c) Sec. 2.5 - Filing of Verified Campaign Statement - changed
to indicate "a final campaign disclosure statement declaring
all contributions...."
d) Add a severability clause
ON MOTION OF CM MILLER, SECONDED BY CM TURNER, THE ABOVE CHANGES
~mRE APPROVED BY A 4-1 VOTE WITH CM STALEY DISSENTING.
Cm S~ale. to state that in his view the legitimate
of these ordinanc 'mit campaign s . . 1 Y con-
tributuL::i. -~-aU'es'.n~t'.irlLo..'..' ---'---'make contributions to
a candidate~hat-i. vate and at some time not V10 prin-
oipaI-purpQses of this ordinance.
A MOTION WAS MADE BY CM MILLER TO INTRODUCE AND ADOPT THE ORDINANCE,
SECONDED BY eM TURNER, AND PASSED BY 4-1 VOTE, CM STALEY DISSENT-
ING.
ORDINANCE NO. 875
AN URGENCY ORDINANCE AMENDING ARTICLE V, RELATING
TO CAMPAIGN STATEMENTS, OF CHAPTER 2, RELATING TO
ADMINISTRATION, OF THE LIVE~ORE CITY CODE, 1959,
TO REGULATE ELECTION Cfu~PAIGN CONTRIBUTIONS AND
EXPENDITURES.
ADJOURNMENT
There being no further business to corne before the Council, the
meeting was adjourned at 9:00 a.m.
APPROVE
/k4 / f!:!T
~rd
C1 :erk
Li ermore, Californ1a
ATTEST
CM-3l-l40
I
em Staley wished to state that in his view the legitimate purpose
of these ordinances is to limit campaign spending and identify con-
tributors of such large amounts as could influence a candidate's
vote. It is not right to require a complete disclosure of amounts
that are not that large because it is an invasion of privacy of the
individual and will have a chilling affect upon contributions to
some cand~dates.
Regular Meeting of December 8, 1975
A regular meeting of the City Council of the City of Livermore was
held on December 8, 1975, in the Municipal Court Chambers, 39 South
Livermore Avenue. The meeting was called to order at 8:05 p.m.
with Mayor Futch presiding.
ROLL CALL
Present: Cm Turner, Miller, Cw Tirsell and Mayor Futch
Absent: Cm Staley (Seated Later)
PLEDGE OF ALLEGIANCE
Mayor Futch led the Councilmembers as well as those present in the
audience, in the Pledge of Allegiance.
MINUTES (Nov. 24, 1975)
Cm Turner stated that he would like to make a correction in the
correction of the minutes for the meeting of November lOth - on
page 60 next to last line should indicate "depreciation" rather
than "appreciation".
P. 89, second from last paragraph, 3rd line from the bottom should
read: disturbs him but a six acre site is very large. (Omit and)
continue with - He would tend to support....etc. ---
P. 94, 3rd paragraph should indicate that both Mayor Futch and
Cm Turner asked whom was responsible for allowing the P.C. to
believe that the property had already been subdivided..etc.
P. 99, 5th paragraph, last line should read: provide transporta--.
tion exclusively for people working at the Lab.
CM STALEY WAS SEATED DURING CORRECTION OF THE MINUTES.
ON MOTION OF CM MILLER, SECONDED BY CW TIRSELL AND BY UNANIMOUS
VOTE, THE MINUTES FOR THE MEETING OF NOVEMBER 24, WERE APPROVED
AS CORRECTED.
P.H. RE HOUS. & COMM.
DEVELOP. ACT GRANTS
Federal procedures require that a public hearing be scheduled for
rece1v1ng public testimony concerning the second year grant funding
under the Housing and Community Development Act. It is the City's
intention that the entire three year grant will be applied to the
financing cost of a new multi-service center. The estimated amount
for the second year grant is $214,25l.00.
Mr. Parness commented that the proposed multi-service center will
require the devotion of the entire three year grant monies for
realization of the structure. The first year's grant will be for
planning purposes, such as architectural studies and preparation of
construction plans and specifications. The City is now soliciting
architectural submissions from various firms who have indicated
interest in this type of work. The second year's grant allocation
will be forthcoming after the first of the next fiscal year. There
will be one additional year grant after that. The total amount ex-
pected to be received is in excess of $600,000 and the purpose of
this meeting is to hear public input as to the utilization of the
grant monies.
Mayor Futch opened the public hearing at this time.
CM-3l-l4l
December 8, 1975
(Hous. & Develop. Funds)
No public testimony was offered concerning this item.
ON MOTION OF CW TIRSELL, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE, THE PUBLIC HEARING WAS CLOSED.
No Council action was required on this item.
P.H. RE SIDEWALKS
NEEDING REPAIR
Mr. Parness explained that it has been brought to the attention
of the staff that sidewalk repair is needed for several properties
in the City. Most of these properties have proceeded with the
repair of the sidewalks but one property will require proceeding
with the statutory authority for the City to cause work to be done
and the cost imposed as a property lien.
A public hearing has been scheduled to receive public protest
and it is recommended that at the close of the hearing a resolu-
tion be adopted overriding protests and confirming the assessment.
Mr. Parness explained that if the sidewalks are not repaired by
the property owners a public hearing is held for the purpose of
listening to any grievances or objections to the assessment of
the fee for sidewalk repair. The Council can thereafter modify
or confirm the assessment against the property owner and it be-
comes a lien against the property. About seven have been done
over the course of the past year.
David Castro, 2276 Chestnut Street, stated that he has noticed
the need for sidewalk repair in the business district as well
as in the residential area. He added that in the area where
the garbage trucks park there is no sidewalk - only a graveled
area and he felt this should also be an area with a sidewalk.
ON MOTION OF CM TURNER, SECONDED BY CW TIRSELL AND BY UNANIMOUS
VOTE, THE PUBLIC HEARING WAS CLOSED.
Cw Tirsell suggested that the complaint by Mr. Castro be filed
by him with the Public Works Department.
CM MILLER MOVED TO ADOPT A RESOLUTION CONFIRMING THE ASSESSMENT,
SECONDED BY CM TURNER.
Mr. Lee noted that in this case it is a matter of repair to the
curbs and gutters, but the matter was spoken to, in general, in
his memorandum to the Council.
Cm Miller noted the resolution pertains to repair of sidewalk
and it should be amended to indicate curb, gutter and sidwalk.
Mr. Logan indicated that this wording could be included in the
resolution.
CM MILLER MOVED TO AMEND THE MOTION TO CONFIRMING THE ASSESSEMENT
FOR CURB, GUTTER AND SIDEWALK, SECONDED BY CM TURNER AND PASSED
BY UNANIMOUS VOTE.
RESOLUTION NO. 25l-75
A RESOLUTION CONFIRMING REPORT OF SUPERINTENDENT
OF STREETS AND CONFIRMING ASSESSMENT AGAINST REAL
PROPERTY.
CM-3l-l42
December 8, 1975
APPEAL RE P.C. APPROVAL
OF CUP FOR LUMBER CO.
(John W. Rickey)
Cm Miller stated that the appeal of the approval of a CUP for a lumber
company located on First Street, west of Trevarno Road, was made at
his request. He stated that in reading the staff report and P.C.
minutes it appears that the retail aspect of the use is very large
and in his opinion it would have a negative effect on any residenti~
development across the street, contrary to the sixth finding of the -ti: "
P.C. He added that he believes this would be an extension of,stri~ ~~
commercial and each one of these extensions has been allowed with
the indication that it really wouldn't make much difference. Each
one allowed means commercial uses all the way out to I-580 on First
street. He stated that he does not believe this application would
fit in and it is primarily a retail operation and that the Council
cannot justify the CUP for this particular area.
eM MILLER MOVED THAT THE CUP BE DENIED FOR THE 84 LUMBER COMPANY.
MOTION DIED FOR LACK OF A SECOND.
Mr. Musso indicated that the conditions made by the P.C. could be
modified and explained that the Council can deny the appeal, approve
the appeal or conditionally modify the permit.
CW Tirsell stated that the persuasive argument in the P.C. minutes
was that this is major bulk sale operation and not primarily a lum-
ber yard nor a hardware store.
Mr. Musso stated that as he recalls the discussion it was noted
that the use in not a Grossmans or a Handyman but rather small
retail type items like hardware, and primarily bulk sales of lumber
which would not be suitable in a downtown area.
Cm Miller stated that the P.C. considered denial and then they were
persuaded that it was not a retail use even though the application
reads retail.
CM TURNER MOVED TO UPHOLD THE DECISION OF THE P.C., SECONDED BY
CW TIRSELL WITH THE FOLLOWING COMMENT:
Cw Tirsell stated that aside from the properties closer to town
and the CS, there is really not an area in town where a use such
as this could go.
Mayor Futch stated that the use is specifically allowed, by ordinance,
with a CUP and the P.C. has unanimously recommended that the use be
allowed and he is in favor of the motion.
Cm Miller stated that of course he will vote against the motion but
would like to say that these are the same type of arguments that led
to the commercialization of Portola and First Street out towards
I-580.
Mayor Futch pointed out that it is not entirely the City's fault
that portola is commercial because the County allowed a lot of
commercial leaving the City with no choice but to allow other
property to go to commercial use.
Cm Miller stated that the City did have control over each piece
that the City allowed to go to commercial use and each one was
justified by the one allowed before.
CM TURNER CALLED FOR THE QUESTION WHICH PASSED 4-l (Cm Miller
dissenting) .
CM-3l-l43
December 8, 1975
REPORT RE SEVENTH
STREET SIGNALIZATION
The Director of Public Works reported that at the Council meeting
of November 10th Cw Tirsell recommended making Seventh St. a
through street with bike lanes. The staff has studied the area
and concludes that this change would be of benefit to the area as
well as an increase of safety for motorists and bike riders. It
is recommended that this suggestion be implemented.
Cw Tirsell stated that she is very happy the staff investigated
the suggestion and added that she knows of many people who do
use Seventh Street as a through Street from "L" to East Avenue.
CW TIRSELL MOVED THAT THE STAFF BE DIRECTED TO IMPLEMENT SIGNALI-
ZATION ON SEVENTH STREET FOR A THROUGH BICYCLE AND CAR ROUTE.
MOTION WAS SECONDED BY CM STALEY.
Cm Staley asked why stop signs are suggested for the intersection
of Seventh and "I", on Seventh Street and Mr. Lee indicated that
one street should be a through street going north and south.
Cm Staley stated that Livermore is a through street going north
and south and so is "L" Street, and wondered why it would be
necessary to include "I" Street, which would break up the through
traffic for Seventh Street.
Mr. Lee explained that the staff really doesn't want to make
Seventh a collector street but they would like to make it con-
venient for people. Fourth Street and College Avenue have been
designed for use as collector streets for the east/west traffic.
Cm Staley felt that Seventh Street is much more direct than College
Avenue or Fourth Street to East Avenue and development off of
Arroyo Road. He indicated that he believes the stop sign at "I"
Street will discourage use of Seventh Street because it really
won't be a through street.
Mr. Lee stated that Seventh is going through a residential area
and if there are no stop signs on it this may place an excessive
burden on the home owners along Seventh Street. Also there is
a jog from at the intersection of Livermore Avenue and this is
one reason a great deal of traffic for Seventh Street is not
encouraged.
Cw Tirsell stated that the reason the through street was sug-
gested is because of the number of bicycle riders who use this
street as a through street from "L" to East Avenue and she is
not concerned that there will be that many automobiles using
Seventh Street. The bike riders feel that Seventh is a safe
path and they are the primary users of the street. Mr. Lee is
correct in saying that the City would not want to encourage use
of this residential street for automobile traffic.
Cm Staley stated that he would have to agree with what Cw Tirsell
has said.
MOTION PASSED BY UNANIMOUS VOTE.
REPORT RE "L" STREET
TRAFFIC STRIPING
It is recommended that the Council authorize the staff to imple-
ment a striping plan as outlined in Alternate Two of the staff
report.
CM-3l-l44
December 8, 1975
("L" Street Striping)
CM MILLER MOVED TO ADOPT THE STAFF RECOMMENDATION FOR STRIPING
OF SOUTH "L" STREET, AS OUTLINED IN ALTERNATE TWO OF THE STAFF
REPORT, SECONDED BY CW TIRSELL AND PASSED BY UNANIMOUS VOTE.
REPORT RE PROPOSED SALE
OF PROPERTY TO CITY -
SPRINGTOWN AREA
(99-24-9-16 & 99-24-9-11)
An offer has been received from a representative of an owner with
71.54 acres of land located in the Springtown area. The land
abuts other property that has been reviewed for potential purchase.
The item was referred to LARPD who has indicated that the land is
not usable for public purposes and the staff recommends that the
owner be informed that the property would be of no public utility.
Mr. Parness stated that today he discussed with the staff the possi-
bility of using the entire area as a regional recreation area because
of the amount of land and the fact that the price would be reasonable.
Mr. Musso noted that he believes this property would be compatible
with the FCC site and LARPD chose the FCC site as possible surplus
land in the future.
CM TURNER MOVED TO DENY PURCHASE OF THE PROPERTY, SECONDED BY CW
TIRSELL WHICH PASSED BY UNANIMOUS VOTE.
REPORT RE PARKING TIME
LIMIT ENFORCEMENT
A written report concerning the enforcement of parking limits was
submitted to the Council. The report indicated that part of the
problem with enforcement is the lack of manpower and that a recent
count of unpaid traffic fines indicate that 1,150 citations were
on file. Assuming that these citations would generate a fine of
$5 each because they have not been paid for a period of time, the
revenue due to our City would be an amount in excess of $5,500.
Mayor Futch stated that the problem seems to be the assurance that
the fines will be collected rather than seeing that more fines are
handed out. It really doesn't make much sense to hand out twice
as many fines if they aren't collected.
Mr. Parness indicated that thousands of citations are handed out
each year and the number listed in the report are nominal as com-
pared to the number issued.
Mayor Futch felt there should be more impetus on collection of the
fines and Cm Miller stated that he would agree with this but also
feels more fines should be given or that there be more enforcement
of the parking regulations.
CM TURNER MOVED THAT THE REPORT BE REFFERED TO THE MUNICIPAL
COURT, SECONDED BY CM STALEY FOR DISCUSSION PURPOSES.
Cm Turner stated that the report from the City Manager points out
that the judge establishes the fine structure and we would want
his comments prior to discussion by the Council.
Cm Staley stated that he spoke with Judge Lewis about this matter
and one of his concerns was the ability of the Court personnel
to effectively service collection of the fines. Chief Lindgren's
CM-31-145
December 8, 1975
(re Parking Fines)
letter indicates that there is no advantage to the City in terms
of the parking fines collection being a function of the City. Cm
Staley would agree that this is obviously true because it will
take more manpower and time to enforce parking regulations and
to collect the fines. However, he is not sure how open this op-
tion is to the City - not to move towards collection of parking
fines.
Mr. Parness stated that he believes Chief Lindgren was indicating
the option the City might have to require that the actual, physical,
collection be done in some City office. If someone wants to pay a
fine they could pay it at the Finance Department, for example,
rather than the court, and Chief Lindgren is indicating that no
purpose would be served in doing that. As to the collection of
unpaid fines, this is another matter. The court used to do this
for the City but it no longer provides this service because it
requires personnel time to try to effectuate collection.
Cm Staley stated that he believes that Judge Lewis was pointing
out that the court does not have the manpower to follow up on
the fines and that it is probably a police function and not a
court function, and that most cities have their own collection
procedure and do not use court personnel to collect parking ticket
fines.
Cm Staley added that it was his impression that what Judge Lewis
was saying was that the collection of the parking fines is a
burden on the court personnel and that the City look into taking
over that function.
Cm Miller noted that this is also a burden on the City.
Cm Staley stated that this is true but the City is receiving 100%
of the amount collected from the fines and so what is happening
is that the court personnel is collecting the fines and the City
is getting the benefit and while Cm Staley feels this method is
good he can also see the Judge's point of view.
Mr. Parness commented that the financial problem the City is
faced with in the collection of the overdue fines is that it
probably costs the City about five times the amount of the fine
to pay someone, such as a police officer, to collect the fine.
Cm Staley stated that after reviewing all the information pre-
sented to the Council he believes there should not be an increase
in the parking fine but some consideration should be given as to
how the fines can be collected. For the time being he would sug-
gest that no action be taken.
Cm Miller stated that he will vote against the motion because
the Judge has, effectively, asked the Council for a recommendation
and Cm Miller feels it is not necessary to refer the matter back
to him. Secondly, he does not agree with Cm Staley that the $2
fine is sufficient. The fine was established many years ago and
the cost of collection and operation has risen with the value of
the dollar having gone down during that time period. In terms of
inflation, alone, one can justify an increase to an amount of $3
or $4 rather than $2 for parking violations. Since the Judge
sets the amount he would suggest a motion requestion a $3 to $4
parking fine.
Cm Staley pointed out that the Council should consider whether
there is a desire to raise money from parking fines as a source
of revenue, or whether the purpose is to encourage circulation.
If the purpose is to encourage circulation then the $2 should
be sufficient.
CM-31-146
December 8, 1975
(re Parking Fines)
Cm Miller stated that the City should have both the revenue from the
fines as well as circulation of parked cars. The Police Department
is paid, in part, from these parking fines and the fact that the
fine is only $2 hurts everyone at budget time. The revenue aspect
of this is important, as is the deterrent effect.
Cw Tirse11 and Cm Turner indicated that they are not prepared to
raise the parking fee at this time. Cw Tirse11 stated that she
does not want to impose another "hidden tax" on citizens who inadver-
tently park longer than the limit for the downtown area. She added
that she realizes the fines are a source of revenue for the City but
it should not be used as a major source of funding for the Police
Department. The $2 amount should be ample for penalizing someone
who parks overtime.
Cm Miller stated that the suggestion to leave things as they are
is costing the City the amount of one policeman. The fine structure
is currently $2 and the City receives approximately $50,000 worth
of fines. A $3 fee would be a very substantial increase in revenue
to the City. It is unwise to allow this source of revenue to decline.
Cm Staley stated that a lot of the points made by Cm Miller have been
very good but he would suggest that since the City has recently approv-
ed an additional man for the Police Department for enforcement of the
parking regulations, perhaps this item could be postponed for a couple
of months to evaluate the effectiveness of enforcement.
Cm Miller stated that the budget session will be coming up and he is
sure the City Manager will indicate that money will be very tight.
The City will be lucky if there are any reserves, at all, and this
is the time the Council should think about where money to run the
City will come from. There is not an infinite number of sources
from which money can be derrived but this is one of them. This is
an important source of revenue to the City in the order of about
3~ to 4~ on our property tax rate.
Cm Turner stated that he cannot understand the rationale Cm Miller
is using when he wants to raise the parking fine as a source of
revenue when he just voted this evening against a CUP to allow
the 84 Lumber Company to do business on First Street because this
is also a source of revenue to the City.
~I f!5{(&~-"
Cm Miller stated that h~~~',no objection to a lumber yard but
his objection was to s~ommercia1 on First Street and that
the lumber yard should be located elsewhere in the City. Objec-
tion to a location is not an objection to a business - there is a
very large difference.
David Castro commented that people don't mind paying a $2 parking
fine and he would suggest that the fee be raised. He stated that
he has paid $5 on two occasions for a parking fine and with the
increase in the cost of living a $5 fine is not unreasonable.
Back in 1936 a friend of his paid a parking fine of $2.50.
MOTION PASSED 4-1 (Cm Miller dissenting) .
REPORT RE LAVWMA PAYMENT
A formal request has been received from LAVWMA for payment of $53,590
in accordance with the applicable budget allotment - Joint Powers
Agreement to implement a Regional Water Quality Management System
(LAVWMA pipeline). It is recommended that the Council adopt a
resolution authorizing payment of the funds to LAVWMA.
CM-31-147
December 8, 1975
(LAVWMA's Request for Funds)
CM TURNER MOVED TO AUTHORIZE PAYMENT OF THE FUNDS, AS REQUESTED,
SECONDED BY MAYOR FUTCH.
Cm Miller stated that he will oppose the motion because it re-
quires the City to put up our money because the EPA and the state
will not pay their bills. In his opinion it is not the City's
job to impair our reserves because the state won't pay. The
state says they will pay the 87.5% but, in fact, they do not
pay. Things may come to a halt on LAVWMA if the City does not
pay but that is the problem of the state and EPA. We do not
have $50,000 lying around and our reserves are very low.
Cm Turner asked if Cm Miller is convinced that the state is not
going to pay and Cm Miller replied that they will pay in time
but the point is the City of Livermore will have a severe cash
flow problem if we pay it now because the state doesn't want to
do what they are supposed to do.
Mayor Futch stated that he believes this is a question of policy
and whether or not the City wants to inform the state that it
will not fund the cash for a year and lose the interest on it.
em Miller added that if, in fact, we even have the money.
Cw Tirse11 stated that this is a state and federally mandated
agency and the study has been expanded many times because of
things they have required of the City and now they are asking
the City to fund the cash for it. They can keep their money
in the bank and collect the interest. She would suggest that
when they pay the City will pay.
MOTION WAS WITHDRAWN, SECOND WAS WITHDRAWN.
CM MILLER MOVED TO DIRECT THE STAFF TO SEND A LETTER TO LAVWMA
SAYING THAT THE CITY FEELS THE REQUEST FOR PAYMENT FROM LAVWMA
CANNOT BE MADE BECAUSE THIS IS A FAILURE OF THE STATE AND EPA
TO PROPERLY AMEND AND PAY THEIR FAIR SHARE ON OUR CONTRACT.
MOTION SECONDED BY CM TURNER.
Cm Miller stated that he does not object to wording changes
for the motion if the Counci1members would like to suggest
alternate wording.
Mayor Futch stated that he would like the motion to indicate
that the Council feels the City cannot afford the cash flow,
and let it go at that. The City is very short of funds.
Cw Tirse11 stated that she believes a matter of equity and
pOlicy is involved. If the state can get the cities and
VCSD to run the agency on their cash and then contribute at
the end, after they have had the interest accumulate for 3-5
years, it appears that this is what they have in mind.
Cw Tirse11 stated that if she reads the contract correctly
the City is paying ahead all the time. Services are not
paid for after they have been rendered. She stated that
she would like to see a simple statement to the effect that
it is our policy that we are in this agreement, jointly, and
it is a mandated agency. Upon receiving their funds ours
will be immediately forthcoming. She stated that she does
not believe that the City does not have the funds and this
should not be implied.
Cm Miller felt it would be reasonable to add that our re-
serves are very low and Cw Tirse1l concurred.
CM-31-148
December 8, 1975
(LAVWMA's Request for Funds)
Mr. Parness commented that this is not uncommon practice with the
state and EPA. The City has always had to administer the grant
monies with reimbursement after the monies have been expended.
LAVWMA is asking for our participation because it is a division of
the responsibility among the three signatories to the joint powers
agreement. In the event that we do not pay, he would suspect that
one or both of the remaining three will have to pay. The obligation
has already been made for the expenditure and probably has been encum-
bered. Somebody is going to have to pay it and once the services
have been received, certified claims will be filed to enable the City
to recover the funds.
Cm Miller stated that the point is, they have not amended the contract
to insure that the City will ultimately be reimbursed. There is no
guarantee, except orally, that they will even go along with this.
Cm Turner stated that he understands that the state will not reimburse
the City immediately and in the resolution it indicates that the City
will have to file a claim after the money has been expended. However,
Cw Tirse11 mentioned a period of time of four or five years and he
wondered how this was determined.
Cw Tirse11 explained that she doesn't have any idea how long it will
be before the City would be reimbursed because the City hasn't re-
ceived anything in writing.
Mr. Parness requested that the Council postpone this item until he
has the opportunity to speak with the BASSA staff. There is a clear
inference in the resolution that there have been written assurances
received by virtue of a contract dated May 3, for a $223,000 alloca-
tion and yet further on it states that they have not received any
assurance that the contract will be amended. There seems to be a bit
of a contradiction involved and he would like to speak to someone
about it prior to a decision by the Council.
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS
VOTE, THE ITEM WAS CONTINUED.
CONSENT CALENDAR
Res. re Ballot Measure
Wording for Tax Override
A resolution was prepared by the staff incorporating the wording
agreed to previously by the Council concerning the ballot measure
wording for the tax override for police and fire protection.
Cw Tirse11 wondered if the measure is graphically depicted as it
will appear on the ballot - the "yes" has a small square and the "no"
has a large square. She indicated that this has a psychological
affect.
The City Clerk noted that the voting squares will be of equal size
for both the "yes" and the "no" vote.
RESOLUTION NO. 252-75
A RESOLUTION PROVIDING THE FORM OF BALLOT FOR A MEASURE TO
BE SUBMITTED TO THE VOTERS OF THE CITY OF LIVERMORE AT THE
GENERAL MUNICIPAL ELECTION TO BE HELD AND CONDUCTED IN THE
CITY OF LIVERMORE ON MARCH 2, 1976.
CM-31-149
December 8, 1975
Minutes - Various
The following minutes were received:
Beautification Committee - October 1
Housing Authority - October 21
Cm Turner commented that in the Housing Authority minutes there
is mention that "junk cars" cannot be removed from a street until
the street has been dedicated to the City. Cm Turner has checked
with the Police Department and found out that they can be removed
and would suggest that the Housing Authority contact the Police
Department concerning problems of this nature.
APPROVAL OF
CONSENT CALENDAR
ON MOTION OF CM TURNER, SECONDED BY CW TIRSELL AND BY UNANIMOUS
VOTE, THE CONSENT CALENDAR WAS APPROVED WITH REMOVAL OF ITEM 5.1,
RELATIVE TO THE P.C. SUMMARY OF ACTION TAKEN AT THEIR MEETING OF
DECEMBER 2.
DISCUSSION RE P.C.
SUMMARY OF ACTION
Cm Miller stated that he is surprised to see that the P.C. con-
ditionally approved what appears to be an application for whole-
sale variances in Tract 3607 and requested that this item be
appealed by the Council.
Cw Tirse11 stated that she is also concerned about this item
and would like to see it appealed.
Mr. Musso explained, briefly, that approval was given primarily
because it was a subdivision approved during the course of amend-
ment to the RS. The P.C. allowed a variance to allow regulations
that were in effect at the time the subdivision was approved. He
added that this has been a custom over the years.
MATTERS INITIATED
BY THE STAFF AND
COUNCILMEMBERS
(League Alternate Rep.)
Cm Turner stated that the League of California Cities East Bay
Division has requested an alternate representative. Cm Turner
is the representative and Cm Staley offered to be the alternate
representative.
Cm Turner indicated that he would not be able to attend the
League meeting of December 18th and asked that Cm Staley attend
as alternate representative and that the staff inform Shirley
Sisk, the president, of the selection of Cm Staley as the alter-
nate representative.
(Recycling & Garbage
Separation program)
Cm Miller stated that he received a note from Herb Newkirk con-
cerning his inquiry to people in Oregon about a recycling and
garbage separation program. One of the articles Mr. Newkirk
received in response to his inquiry was very interesting and
Cm Miller requested that the information be copied by the
staff and distributed to the other Counci1members.
CM-31-150
December 8, 1975
(Wine Bottle Labels)
Cm Staley stated that the staff was to report back to the Council
concerning the possibility of special labeling for bottles of wine
from local wineries for visiting dignitaries and he wondered if the
staff has received any information.
Mr. Parness commented that he has asked the wineries about this
possibility but has received no word. He will check again.
(Health Council)
Cw Tirse11 stated that she and Cm Turner will be attending the
meeting of the Alameda Comprehensive Health Council on Wednesday,
December 10th. If the Council has any input they would like con-
veyed in the way of testimony, they should let them know before
this date.
Cw Tirse11 added that it would be helpful to have a written state-
ment concerning the Council's resolution on growth for Livermore
as well as the letter from P1easanton on their resolution for
2 percent growth to be taken as official documents.
(BASSA Hearing re
Mgmt. Agency for Water
Management Plan)
Mayor Futch stated that BASSA held a pUblic hearing concerning which
agency should implement the Water Quality Management Plan for the
Alameda Creek Watershed above Niles.
~i1a Euler spoke in support of LAVWMA and did a beautiful job in pre-
senting the case for the City to LAVWMA. Zone 7 was asked to submit
additional information indicating its financing ability for treatment
and disposal works.
Trustee Boland noted that such information had already been received
from LAVWMA.
Mayor Futch suggested that a letter be sent to Lila Euler commending
her for her presentation and testimony.
Mayor Futch added that he believes there is a communication gap with
Zone 7. The City is very concerned because we don't know what their
policy would be if they were in the position of being able to imple-
ment sewage resources adjacent to our boundaries. The power to pro-
vide these utilities is the power to implement a land use decision by
an agency that does not have any land use planning ability or power.
In other words, this would be the power to destroy the City's planning
efforts if they would decide upon land uses contrary to those planned
by the City. Perhaps it would be reasonable to ask Zone 7 what their
policy is regarding service of utilities that would be in an area
adjacent to our boundaries.
Cw Tirse11 suggested that they be asked about their policy concern-
ing building facilities, in general.
MAYOR FUTCH MOVED TO DIRECT THE STAFF TO SEND A LETTER TO MRS. EULER
COMMENDING HER FOR HER PRESENTATION TO BASSA AND ALSO A LETTER TO
ZONE 7 CONCERNING THEIR POLICY, AS MENTIONED ABOVE. MOTION SECONDED
BY CM MILLER.
Cm Turner wondered if this is a matter of urgency or if the staff
could be directed to prepare a draft letter for review by the Council.
CM-31-151
December 8, 1975
(re Water Mgmt. Agency)
Cm Miller felt there would be merit in acting as fast as possible
because Zone 7 has been asked by BASSA about their sewer authority
and if Zone 7 proposes to push sewer authority, this is something
the people of the Valley should know. People need to know what
the Board of Directors is going to do. If Zone 7 is not going to
have sewer authority then their position for being a lead agency
in water management is weakened.
It was noted by Cm Turner that unless this is an urgency matter,
Council policy should be followed and this should be an agenda
item for action by the Council.
The item was postponed and will appear as an agenda item. How-
ever, the letter to Mrs. Euler will be prepared and sent by the
staff.
(ABAG Planning Meeting)
Mr. Musso noted that the ABAG Planning Committee meeting will
take place Wednesday at 3:00 p.m. and Cw Tirse11 indicated that
she will be able to attend the meeting.
Cm Miller noted that it should be pointed out that the lack of
a General Plan is being used against the City.
Mr. Logan commented that a letter was sent from his office indi-
cating to ABAG that we have no information which would lead us
to believe that specific plans will be available for comparison
with respect to Las Positas. He did receive a reply and if Cw
Tirse11 would like to have this information prior to the meeting
it will be available to her.
Mayor Futch asked if the City Attorney could briefly paraphrase
what the comment was and Mr. Logan indicated that basically the
response was that they did not know what the situation was and
if the City would like to appear and bring them up-to-date on
the situation they would willingly hear what the City has to say.
(Location of Alameda
County Offices)
Cm Staley stated that he appeared before the Alameda County Board
of Supervisors concerning the location of the County Government
Center. However he had been advised by Supervisor Cooper that
a formal presentation would not be necessary because the decision
on this item would be postponed. The item was continued until
after the first of the year as to where the site should be located.
Cm staley requested that the Board notify him of the meeting date
they plan to discuss this item, with the intent that he will pre-
sent formal testimony.
(Arroyo Bikeway)
Mayor Futch stated that he has seen the bikeway along the arroyo
and commended the Public Works Department for the nice path. It
doesn't go to the end of the property behind the college site
and wondered why it didn't even go as far as the college.
Mr. Lee explained that the City ran short of funds and that the
path was continued under the Holmes Street bridge which was not
planned originally, as well as the crossing to the Granada High
School.
CM-31-152
December 8, 1975
(Arroyo Bikeway)
Mayor Futch noted that the path under the bridge is not useab1e
because it is flooded and would like to discuss a solution.
Mr. Lee stated that when the heavy rains are over with the Public
Works Department will take care of draining the water and the path
will be good for the summer.
Mayor Futch stated that he would like the staff to come up with a
more permanent solution to the drainage problem. This is a safe
way for bicyclists to cross a very heavily traveled street and
it is a shame that the path under the bridge cannot be used.
ORD. RE SEWER
CAPACITY ALLOCATION
The City Attorney explained that at the beginning of the ordinance
relative to the amendment to allow sewer capacity allocation, the
Council should note there are several findings. This is a legislative
act and findings are not really necessary but in this case there are
a lot of justifiable re'asons for the Council's actions.
Over the past year all of the matters pertaining to the various
findings have come before the Council one way or another - either
through the General Plan amendment or reports from the staff. The
findings, in the view of the City Attorney, are all legitimate and
made to reflect the evidence concerning the situation.
The City Attorney requested that if the Council agrees with the
findings that they be adopted as they are. If the Council does
not agree, amendments should be made at this point in time.
Cm Miller stated that on Page 3 of the Ordinance, he had suggested
specifying 80% for industrial/commercial, 10% for new residential
and 10% for low or moderate income residential development. This
is in Section 18.19.3.
Cm Futch stated that his feeling is that the General Plan calls
for a population of 80,000 and 10% would not really be inconsistent.
He stated that the mitigating measures may take care of the develop-
ment but he would rather not set it for as low as 10% for both
new development and low to moderate income housing.
Cm Miller stated that it was his understanding that the Council had
voted to delete the entire portion that had to do with the sewer
plant expansion so that the City would not have to be specific about
what it would do after expansion.
Cm Staley stated that he had made that motion based on various things.
In the first place, the Council does not really know what conditions
will prevail at the time the expansion is being done. Secondly, he
suggested that with respect to the commercial/industrial development,
the Council is setting a percentage without any real knowledge of
the source of commercial and industrial expansion capabilities. These
were the concerns he expressed before.
Mayor Futch stated that the Ordinance recognizes that there should be
a significant fraction of the expansion allocated to industrial and
commercial development. In addition, the Council recognizes that it
must be consistent with the mitigating measures.
MAYOR FUTCH MOVED THAT THE COUNCIL ADOPT THE ORDINANCE WITH THE
SUGGESTED WORDING CHANGES PROVIDED ON A SEPARATE SHEET, INCLUDING
THE FINDINGS THAT HAVE BEEN SUGGESTED BY THE CITY ATTORNEY. MOTION
WAS SECONDED BY CW TIRSELL.
CM-31-153
December 8, 1975
(Ordinance re Sewer
Capacity Allocation)
The City Attorney explained that his suggestion was made for a
specific reason. It is reflective of the General Plan policies.
He added that the ordinance can be changed at any time to reflect
the needs of the community.
Mayor Futch stated that the wording he has suggested on the
separate sheet was done with the intent of limiting any problem
the City might have in proposing mitigating measures, with re-
spect to the percentages.
em Staley stated that he would like to know how much commercial
and industrial development is being provided for, relative to the
2.45 MGD. We have already reserved a significant portion of
our remaining capacity.
The Counci1members indicated that very little is being reserved -
only 40,000 gallons. One industry could use all of the reserve.
em Staley stated that in the City's calculations the Shaheen
Industrial Park and the Sears warehouse were included before
anything else was reserved.
Cm Miller noted that these properties would use a very small
amount of the sewage.
em Staley stated that he does not disagree with reservation of
sewer capacity but what he is saying is that when the City first
set the amount remaining, included in the committed was a sig-
nificant amount of commercial and industrial that has not yet
been developed.
Cw Tirse11 commented that speaking, practically, there are only
40,000 gallons that can go towards the industrial/commercial because
all the committed residential would use far more than the 45%.
Practically speaking the City can reserve only 40,000 gallons
extra. It is probable that the residential uses will be realized
prior to industrial/commercial uses and will use the entire re-
maining capacity with the exception of the 40,000 gallons which
has not been committed.
Cw Tirse11 added that it would be very nice if the City knew
what uses would come to Livermore but there is no way of knowing.
If an industry such as Intel were to come to Livermore it could
use 50,000 gallons. On the other hand the City may get a ware-
house that would use only 70 gallons a day.
Cw Tirse11 noted that the City went to the state and told them
that as a mitigating measure and in order to acquire a grant
that residential development would be allowed under such a
grant with the mitigating measure that some of the grant would
be reserved for industrial and commercial development. Hopefully
there would be industry for residential development to convert
them to local uses. The Air Resources Board was very interested
in that proposal and they have to approve the grants. They will
not allow expansion grants in critical air basins and we have
been turned down twice.
Mayor Futch noted that if uses come in that use a lot of water
two or three industries of this type could use all of the
capacity available after expansion, or the 450,000 the City
intends to reserve for ~his purpose.
Cw Tirsell mentioned that it should also be pointed out that
a City will receive only one grant - this grant may have to
suffice for the life of the General Plan.
CM-31-154
December 8, 1975
(Ordinance re Sewer
Capacity Allocation)
Cm Miller stated that a 10% reservation for low income housing is
equal to 40,000 gallons per day and he asked what figure is used
for industrial. He explained that at the time the Council discus-
sed allocation there were 400,000 gallons and that 10% of this
(40,000 gallons) was to be used for low income housing.
Mayor Futch stated that as he recalls there was 400,000 gallons
but after deducting the committed number of hook-ups there was
40,000 gallons left with 4,000 gallons available for low income
housing (10%).
Cm Miller stated that he understands what was done and this means
that there are approximately 36,000 gallons available for indus-
trial and commercial development.
em Miller stated that he wants to take the position of not taking
a position, or one which would limit the residential development.
Mayor Futch has talked about the mitigating measures but there is
no conceivable way the City can make up, by mitigating measures,
the increase in population.
Cm Miller commented that going back to his original argument, the
LAVWMA EIS says that if Livermore intends to meet the Federal Air
Quality Standards there can be only half the population Livermore
presently has. If any population is added it just makes it impos-
sible for any successful mitigating measure to bring us to the
federal air quality.
This means that the successful mitigating measure is the use of
the industrial and commercial development to convert existing
commuters to local job holders. In that case the City should
reserve everything possible, with the exception of that really
needed for social services such as low income housing in the Valley,
for industrial and commercial development. The automatic assumption
is that there is a need for an additional 1 MGD but there is justifi-
cation for only .5 MGD for commercial and industrial. The other
.5 MGD would then have to go for residential development if there
was a 1 MGD expansion and yet residential development is directly
contrary to what the City is trying to accomplish. What the City
wants to do is to let commercial and industrial development take
the residents who are commuting to jobs outside of the Valley, and
give them jobs locally. The City cannot devote half of its sewage
capacity to residential and come anywhere near making the mitigating
factors. It would seem that either the City should not say anything
at all about the expansion, as Cm Staley suggested, or do not offer
that 45% be reserved for residential development. To be consistent
with the mitigating measures, no residential development can be
allowed at all.
Mayor Futch stated that he understands the point Cm Miller is trying
to make but he still believes that this would be inconsistent with
the General Plan.
Cm Miller noted that the General Plan has not yet been adopted.
em Turner asked Mr. Lee about the application and Mr. Lee explained
that the application is for a position on the priority list since
the staff of the Regional Board will be making up a recommendation
list to be presented to the State Board. A draft of the list and
the recommendation will be received in approximately a week for
comment.
Cm Turner stated that the point is he would agree with Cm Staley
that no figures should be specified. As he recalls, after many
hours of discussion the Council agreed to a 1 MGD expansion. He
CM-31-155
December 8, 1975
(Ordinance re Sewer
Capacity Allocation)
noted that this was not his position because he wanted a larger
expansion and it wasn't Cm Miller's position because he argued
for less expansion. He added that his concern now is that it
has been mentioned that we will be allowed only one application
for expansion and also that two or three large industries could
take all of the 1 MGD.
Mayor Futch explained that one application takes care of 20 years
of growth which means that in 20 years another application can
be submitted.
Cm Turner stated that he understands this but his concern is
that perhaps the 1 MGD expansion will not take care of the needs
expressed in the General Plan. In his opinion it would not.
The City doesn't know what demands will have to be met and he
would suggest that percentages not be specified.
Cw Tirsel1 stated that what Cm Turner is saying, then, is that
there should be no reservation for commerce and industry.
em Turner stated that he is concerned about this also.
Cw Tirse11 stated that the City already went to the state and
they said that some percentage has to be established.
Cm Turner stated that if the State Board indicated something
has to be specified for reservation of commercial/industrial
development he would have to go along.
Cw Tirsel1 pointed out that the Council is working with facts
of today and that the ordinance can always be amended if the
facts change. Everyone should understand what the application is for.
This is one application for the General Plan and she asked Mr.
Lee what figure is used for determining daily usage for residential.
Mr. Lee indicated that roughly it is about 360 gallons per day
per residence.
Cw Tirsel1 stated that our General Plan says there will not be
much development south of I-580 except for fill in and it
also says that the City will develop on the north side. If
that community is allowed, for the next 20 years, to sit there
with 3,000-4,000 people fragmented, everyone of those people
has to get in their car to get milk or do shopping of any
type. Also this is not a socially viable community and there
is no sense of community. It would seem that a reserva-
tion that would allow a certain amount of residential use will
not violate the principle of the General Plan. The principle
is that when and if we grow, it will be in that area with hopes
of making it a viable community. She believes that there is
a problem in not showing the intent of the Council. There
is no doubt that each future Council will look at this ordi-
nance and rework the figures to suit it. They will not be
able to rework the figures past what the grant says and for
this reason she believes that what Mayor Futch has said is
important. Whatever is written into that grant that we must
do as a mitigating measure, we will agree to. The sense of
this is that the Council is reserving our current capacity and
to the best of their knowledge believes this might be a balance
to achieve a viable community on the north side and to cut down
the commuting that those people do every single day back and
forth to downtown Livermore and to Dublin. There are advantages
CM-31-156
December 8, 1975
(Ordinance re Sewer
Capacity Allocation)
to making the north side a viable community that will help them cut
down the amount of air pollution. She believes that the statement
suggested merely reflects what this Council worked on and she agrees
that the Council does not have a crystal ball by which they can make
decisions but the numbers specified are those felt to be reasonable
with present facts.
em Staley stated that he would like to offer an alternative that
does not specify figures. It would seem that the City would like
to do things by the reservation of sewer capacity. He would suggest
athat a statement be included with the following wording:
No connection to the sewer service system shall be
made unless the City determines that the connection
applied for is anyone of the following:
Cm Staley stated that it seems there could be wording in such a
way that no connection could be approved if it exceeded the growth
rate provided for in the General Plan, which would basically be a
reservation of not more than the 45,000 gallons per day. This
does not necessarily mean that 45,000 is being reserved.
Secondly, the Council could make a requirement that any sewer appli-
cation require a finding of fact that such use would be consistent
with the mitigating measures proposed in the City's application for
additional sewer capacity. This does not reserve specific capacity
but Cm Staley believes this would accomplish the two objectives.
Mayor Futch stated that he would like the City Attorney to comment
as to whether or not he felt the numbers should be included in
the ordinance and if so, why.
The City Attorney stated that the numbers can change according to
what is done with the General Plan. In his opinion there has to
be something in the ordinance to handle the contingency that the
City will receive additional sewage cap~city. If the Council wants
to delete this completely he would advise that something be included
to allow the Council some control if, in fact, another increase of
expansion is granted. As far as the 45-45-10%, this is a reflection
of what he has seen in the proposed General Plan and if the Council
does not follow this as a policy of the General Plan there would
be an affect on this particular ordinance. If, however, the policy
of the General Plan is followed, and the ordinance is different,
then there is a problem. At present, as long as the figure is flexible
he would remain flexible. If, the Council adopts the General Plan
without flexible figures and figures not consistent with the ordinance,
he would withdraw his support.
Mayor Futch stated that he would like a comment, specifically,
to the three proposals suggested by Cm Miller, Cm Staley and himself.
If there is no residential provided for, would it be inconsistent
with the General Plan?
The City Attorney replied that it would be inconsistent only if the
Council adopts a General Plan with a policy different than what is
provided for in the ordinance. At present the proposed policy in
the General Plan shows a 45-45-10% reservation. If a policy is
adopted that is 90% industrial/commercial and 10% low income then
it would be consistent with changing the ordinance - but only in
that event. At this time the General Plan has not been adopted
so the figures are flexible.
CM-31-157
December 8, 1975
(Ordinance re Sewer
Capacity Allocation)
Mayor Futch asked if the pOlicies he has proposed would be con-
sidered inconsistent with the General Plan.
Mr. Logan stated that as he reads the change he doesn't see
this as being inconsistent with the General Plan. He stated
that he is not sure he knows the meaning of what is consistent
with mitigating measures unless specific mitigating measures
are used that are consistent with the ordinance.
Mayor Futch explained that at this time it is not known what
the state will mandate.
The City Attorney stated that there is nothing in the wording
prepared by Mayor Futch that would change anything.
Mayor Futch stated he would assume that Cm Staley's suggestion
would not be inconsistent either.
The City Attorney commented that he didn't follow em Staley's
recommendation that closely.
Cm Staley explained that part of his suggestion was that no
sewer connection for residential could be made unless the con-
nection would not exceed the growth rate, as provided for in
the General Plan.
The City Attorney stated that this would be acceptable.
em Staley noted that the other portion of his motion was that
no application for sewage hook-up would be approved unless the
findings of fact could be made by the approving body.
Mayor Futch wondered what could be done if half of the 1 MGD
was used and the City continued to grow at the 2% rate, and
there was still no industry.
Cm Staley stated that as he recalls, the calculations in setting
the 1 MGD projected the 2% over the period of the plan.
It was noted that this is not the way projections were made.
Mayor Futch explained that the Council took the total capacity
the EPA would fund based on population projections, and then
said that we would use a significant fraction of the allocation
for industry and commerce. After a certain number of years there
will not be any sewage left for industry and commerce.
em Turner stated that he is willing to support Cm Staley's
position.
Cw Tirse11 stated that her only concern is that there are many
more applications for residential hook-ups than commercial or
industrial with the wording suggested by Cm Staley it means that as long
as there is only 2% of residential allowed a year the entire capacity
could eventually go entirely for the residential development.
Cm Miller stated that to get to the 80,000 population means a
little more than 2.5 MGD - 11,000 additional people for 1 MGD,
and this is what it takes to have this growth rate. The point
Cm Futch and Cw Tirse11 have made is correct - all of it will
be used for residential growth.
Cm Miller stated that a portion of the wording is the best
statement that can be made with respect to EPA and the State
Water Board and State Air Board, which he repeated:
CM-31-158
December 8, 1975
(Ordinance re Sewer
Capacity Allocation)
No connections shall be made unless the Council
determines that the connection is consistent with
mitigating measures proposed in the application
for additional capacity.
em Miller stated that he believes this would indicate where the City
is going. He added that he does not believe that residential growth
can be consistent with mitigating measures, but it is possible. If
it is consistent, then fine. The point is that the intent to try
to solve the air quality problem with sewers, is in em Staley's
second statement. The first statement would commit every bit of
sewage to go to residential and he would be happy to support the
second part of the wording if it were made a motion.
Cm Staley stated that it is not his intention to deny residential
growth and he believes there can be residential growth that is
a mitigating measure. It depends on the amount of residential
growth allowed and where it is allowed, as well as a lot of other
conditions. There are real needs to fill and he believes that
under certain circumstances this can be a mitigating measure.
Cm Staley stated that furtheremore, he recalls that the Council
took a position as to a growth rate and it would be inconsistent
with our proposed General Plan if some provision is not made for
residential growth. His intention in his proposed wording was
that we should not allocate because we are too far away from it
but on the other hand recognizes that there must be something in-
cluded relative to the mitigating measures.
Mayor Futch stated that the ordinance and the General Plan at
this time are consistent and he would not want to go through
the discussion concerning figures for the draft of the General
Plan.
Cm Miller noted that a public hearing will be coming up concerning
the General Plan and there will have to be discussion at that time.
Mayor Futch stated that he realizes this but he would not want to
make changes prior to the public hearing.
Cm Staley stated that, on the other hand, if the Council adopts this
particular policy, at a later date the Council may say that the num-
bers for the General Plan should not be changed because there is
already a Sewer Ordinance that allocates it a certain way. He felt
this would be putting the "cart before the horse". He believes the
General Plan decision should be firmly made before the allocations
and percentages are included in the ordinance.
Mayor Futch asked if Cm Staley is suggesting that the adoption of
the ordinance should be postponed until after the General Plan has
been adopted and Cm Staley stated that he is suggesting that the
future commitment be deleted from the ordinance.
Cm Turner stated that it would appear three opinions are being
voiced and he would like to see a vote taken on the matter. Dis-
cussion could take place the rest of the night and he would like
to propose a change in Section 18.19.5 (last page) to read as
follows:
No sewer connection shall be granted to any commer-
cial or industrial use that will require more than
ten percent (10%) of the total capacity allocated to
such uses...........etc.
CM TURNER MOVED THAT THE COUNCIL ADOPT THIS CHANGE, SECONDED
BY CW TIRSELL.
CM-31-159
December 8, 1975
(Ordinance re Sewer
Capacity Allocation)
Cm Turner stated that he would like the 5% changed to 10% because
every application would go before the Council for approval.
Cw Tirse11 commented that Intel would not be passed, on that basis.
em Miller stated that he believes the suggestion is not good be-
cause the Council should try to make sure that a big water user
will promote the maximum local employment. The 5% is a big user.
Cw Tirse11 stated that this means the 5% would be turned down.
Cm Miller stated that they would be turned down unless the Coun-
cil determines that use is justified in promoting local employ-
ment. This is the reason the 5% maximum is good because the
City needs to look at the big water users to make sure it will
really promote local employment and not just use up our sewer
capacity.
Mayor Futch stated that he cannot visualize the Council turning
away any industrial or commercial applicant as long as there is
sufficient sewer capacity.
Cm Miller stated that this is great as long as it will maximize
local employment.
MOTION PASSED 4-l (Cm Miller dissenting) .
RECESS
Mayor Futch called for a brief recess after which the Council
meeting resumed with all members of the Council present.
Mayor Futch suggested that this item be continued.
CM TURNER CALLED FOR THE QUESTION ON THE MOTION TO ADOPT THE
WORDING AMENDMENTS PREPARED BY MAYOR FUTCH. MOTION FAILED
2-3 (Cm Miller, Staley and Turner dissenting) .
CM MILLER MOVED TO ADOPT THE FOLLOWING WORDING FOR THE ORDI-
NANCE, UNDER SECTION 18.l9.3 TO READ AS FOLLOWS:
This Ordinance shall remain in effect until such
time as the effective dry weather capacity of the
sewage treatment plant is increased from 5.0 MGD.
From that time no connection shall be made unless
the City Council determines that the connection
a~~~~ea-re~-i8-afty-er-~he-re~~ewift~~ is consistent
with the mitigating measures proposed in the appli-
cation for added capacity.
MOTION DIED FOR LACK OF A SECOND.
MAYOR FUTCH MOVED TO CONTINUE THIS ITEM FOR ONE WEEK, SECONDED BY
CM TURNER AND PASSED 4-1 (Cw Tirse1l dissenting) .
em Staley requested that the staff be directed to report on the
points discussed.
Mayor Futch commented that the Council would be interested in
knowing how much industrial and commercial capacity exists in the
City at the present time, and how much was committed but not on
line.
Initially there was 400,000 gallons available and the Council
would like to have figures as to what amount was reserved for
commercial and what amount allocated to residential use.
CM-31-160
December 8, 1975
CITY MANAGER WEEKLY
STATUS REPORT
Oak Street
Oak Street is under reconstruction as part of the track relocation
project and should clear up that block of commercial properties.
R.R. Project
The footings at Livermore Avenue are installed and ready for pour-
ing of concrete. This should be completed over the next couple of
days.
Springtown Golf Course
A pump station is being installed at the lake area to allow the City
to start a pressurized irrigation system in a more efficient way than
has been available in the past.
Leaf Pick-up
In the leaf pick-up for this year the cost is less than last year
of about 50%.
Cross Valley Pipeline
The staff has been in contact with LAVWMA concerning the cross Valley
pipeline and the staff has been informed that they are beginning the
design for the alignment. They will be discussing the reasoning
for the alignments with the staff and they have asked for input from
the staff.
Budget
In deference to the Council's concern about being rushed at budget
time last year, the budget session will be a month earlier than
usual. Discussion concerning the budget will begin right after the
first of the,year. --
Cm Turner stated that for the record he would like to say that he
has been through two budget hearings and he is not a bit happy
with the one day session to take care of the entire budget. ~
~rou1d prefer ~ha~ ~his he done in a a~udy acoaioR or ~hat thoro be
00:0 type of oyatcffi that is difforeRt for 3pprov31.2~/3d9pti9~ pfL,
the S"Hj'ifG~. ~{jL':t!t~eu.~:-
Cw Tirse11 stated that she would like this to be an agenda item
because she has some ideas she would like to present concerning
the budget session.
It was-requested that this item appear on the agenda for the meeting
of January 12, 1976.
Business License Committee
The Business License Committee has been active over the past couple
of months and he understands that they have drafted a proposed ord-
inance amendment for presentation to the Council within a month.
Social Concerns Committee
The Social Concerns Committee has been active and last week they
conducted a tour of cities on the pennisu1a looking at mu1ti-
CM-3l-161
December 8, 1975
(Social Concerns Committee)
purpose service centers of the type Livermore is considering.
They looked at the Menlo Park and Daly City centers and received
mixed reactions from the two cities. They will be visiting other
cities with similar centers and the members are looking forward
to the planning of the structure.
The Committee has circularized some 70 organizations in the City
asking what uses they would like to see considered for housing
in the structure, and why. Eighteen responses have been received,
all of which will be helpful in planning the use of the building.
Health Plan for City
Mr. Parness stated that the City is obligated, by contract with
two union organizations, to provide an alternate health plan to
the one now in effect. The staff has studied several plans and
have come up with three that have been very carefully analyzed
by the staff and union representatives. The plans were explained
to the Police Association and to the Public Works Union last week
and ballots were distributed as to the choice of the employees.
The ballots have been received, covering about 100 employees,
with a 99 percent response in favor of one plan. There was one
employee who favored the continuance of the existing plan.
The Council will have a chance to see the plan selected at the
time a contract is to be offered for the modified plan. The
modified plan would be at no cost to the City but rather an ex-
pense the employee would have to bear.
General Plan
Hearings for the General Plan have been set by the P.C. to begin
December 16th with three additional hearings following in January.
The Council should have the Plan by the first of February.
Community Development Dir.
The applications for the Community Development Director have
been screened with a list of those most qualified. Mr. Parness
would like to schedule interviews within the next three weeks
and he would like to suggest that a City Counci1member sit on
the interview panel as well as a member of the Industrial Advisory
Committee, one outside source, and Mr. Parness.
There were 82 applications and 14 people will be interviewed.
Undoubtedly selection will be a difficult task and interviews
will take all day. Interviews are scheduled for December 30.
ADJOURNMENT
There being no further Council business, Mayor Futch adjourned
the meeting at 10:45 p.m.
APPROVE
~//~
Mayor
. l' . /
,\ if ~..~' /41 (I',jc-
,---.-\:X.-.---, - \L.t"-t::
/ . !J 'eity Clerk
Livermore, California
ATTEST
CM-31-162
Regular Meeting of December 15, 1975
A regular meeting of the City Council was held on December 15, 1975,
in the Municipal Court Chambers, 39 South Livermore Avenue. The
meeting was called to order at 8:05 p.m. with Mayor Futch presiding.
ROLL CALL
Present: Cm Turner, Miller, Staley, Cw Tirse11 and Mayor Futch
Absent: None
PLEDGE OF ALLEGIANCE
Mayor Futch led the Counci1members and those present in the audience,
in the Pledge of Allegiance.
MINUTES - Dec. 1, 1975
P. 123, fourth paragraph, fifth line from bottom, last word should be
had rather than have.
P. 124, 2nd paragraph from the bottom, line six should be: buildings
the assessments have not changed.
P. 140, Cm Staley's wording should be amended to read as follows:
Cm Staley wished to state that in his view the legitimate purpose
of these ordinances is to limit campaign spending and identify con-
tributors of such large amounts as could influence a candidate's
vote. It is not right to require a complete disclosure of amounts
that are not that large because it is an invasion of privacy of the
individual and will have a chilling affect upon contributions to
some candidates.
P. 122, 4th paragraph next to last line should read: the ground.
A statement to that effect...etc. (strike without an expense to us.)
P. 132, omit the next to last paragraph.
P. 136, second paragraph, next to last line, last word, omit She
should and use She could.
P. 136, next to last paragraph, next line should read: report
all contributions because all of them have to be noted.....etc.
P. 126, fifth paragraph, line 5 should read: He believes that
some of the measures are not eft~y mitigating.....etc.
P. 127, 4th paragraph should indicate that Mayor Futch suggested
that he, Cm Turner and the Director of Public Works meet. Omit
the Counci1members.
ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE,
THE MINUTES FOR THE MEETING OF DECEMBER 1, 1975, WERE APPROVED AS
CORRECTED.
OPEN FORUM
(Assessments)
Mr. John Regan, 672 South "N" Street stated that he has been gone since
the middle of October but has been keeping up-to-date as to Council
action by newspaper articles. The articles concerning Cm Miller's
comments about unfair assessment practices of commercial properties
imply that Mr. Regan has been involved in some type of "skullduggery"
CM-31-163
December 15, 1975
(Assessments)
with the County assessor and/or the Herald and News. For this reason
he would request a public meeting with the Council on a specified date
to allow him the opportunity to present factual data pertaining
to the lower assessment on the Herald and News building. The
exhibits he will present indicate factual information concerning
the methods and reasons for the reduced assessments.
Cm Turner suggested that this item be placed on a Council agenda,
and the Council concurred.
Cm Staley stated that he would appreciate rece~ving the information
Mr. Regan would like to present to the Council but would like to add
that he believes the comments made by Cm Miller were not a charge, in
any way, against Mr. Regan personally and would hope that Mr. Regan
feels it would not be necessary to rebut the remarks.
Cm Miller stated that no charges of "skullduggery" against Mr. Regan
have been implied. The discussion with respect to the H&N was their
conflict of interest over the question of assessment practices down-
town. Cm Miller added that he also would be very interested in ob-
taining more information about all of this.
COMMUNICATION FROM CITY
TO COUNTY COMPo HEALTH
PLANNING COUNCIL
A letter expressing the City's concern over announced intentions
to establish another major medical treatment facility in the
western section of the Livermore-Amador Valley, was prepared
by the staff for submission to the County Comprehensive Health
Planning Council.
Cm Miller commented that he believes the letter was excellent.
Cw Tirse11 noted that the meeting was cancelled due to lack of
a qu~um and that they will be meeting in January.
There was brief discussion concerning the letter and Mr. Parness
indicated that not only growth issues are of concern but also
the problems of land use which is reflected in the letter.
Cm Turner stated that he received a phone call this afternoon
relative to the joint committee of the comprehensive Health
Planning Council to whom the letter was directed. The letter
points out some of the problems the Council sees with the estab-
lishment of another hospital in the P1easanton area. He has
been told that the consultant's study and recommendation is,
to a large degree, direct input from the Comprehensive Health
Council during closed door meetings with Valley Memorial Hospital.
Cm Turner stated that he does not know that this information is
correct but he certainly intends to pursue it.
If the information is correct it is his understanding that once
they receive the application from VMH to build a new hospital
they would have the opportunity to approve or deny it. If they
approve the application they would send a favorable recommendation
to the state for final approval by the state. If they have par-
ticipated in the study it would be unlikely that they could be
objective about the application.
em Miller suggested that possibly Cm Turner and Cw Tirse11,
as representatives, could talk to the Comprehensive Health
Council staff concerning this matter prior to meeting with
the Board to find out if some of these things are correct.
CM-31-164
December 15, 1975
COMMUNICATION FROM
COUNTY RE RECLAMATION
PLAN - LONE STAR, INC.
& CALIFORNIA ROCK & GRAVEL
Cm Turner stated that it is his understanding that the Board of Super-
visors has agreed that a $25,000 bond is acceptable for the reclamation
plan for Lone Star Industries, Inc. and California Rock and Gravel
Company. He has prepared the following statement that he would like
included in the records, as follows:
The bonds of $25,000, starting, to insure compliance
of the reclamation plant are obviously, as stated,
faithful performance bonds. These bonds do increase
at the rate of $2,000 per year. It would seem obvious
to the layman that $25,000 will not repair the quarry
damage in the event of default. There should be other
financial methods available to insure compliance. We
(City Council of Livermore) suggested a tax on extracted
gravel but I have been told that this is illegal. I
am going to ask our legal staff to look into the possi-
bility of a royalty tax. I don't particularly fear that
the recipients of the gravel permit, Q-76, won't be able
to perform, as contracted, but I never suspected Penn
Central or W.T. Grant's would be unable to perform either.
There is that outside chance that they would not be able
to perform. A $25,000 bond doesn't make me feel warm and
comfortable allover and I don't want public dollars
to reclaim the quarry. I think Cw Tirse11 raised this
point last week - that many times public dollars have
to repair private damage.
Cm Turner stated that he believes the County can do better but is not
sure as to whether or not this can be further pursued.
Cw Tirse11 noted that this is also a request from COVA and if three
lawyers look at it there is a better chance of getting results.
Cm Turner stated that he became concerned about this matter when
it was pointed out by Cw Tirse11 that sometimes public dollars
are used to repair private corporation damage. This is very
true and $25,000 is not sufficient to repair the damage.
Cm Miller pointed out that in doing some arithmetic on the 25 year
term for this. The total amount raised is $75,000 and as was pointed
out i~ the P.C. meeting by Commissioner Dah1backa, it would cost
$l^~for the water to fill the pit. The $75,000 compared to the
$1 million for the water, only, is completely inadequate.
COMMUNICATION RE CORPS
OF ENG. URBAN PLANNING
STUDY WORKSHOP & COMMENTS
Cw Tirse11 stated that she attended the Corps of Engineers meeting
with respect to the Urban Planning Study with Don Bradley and she
requested that the item be placed on the agenda because in the minutes
of the meeting one item is missing.
The minutes show items 1 through 11 but somewhere in the minutes
there should be indication that the City of Livermore opposed the
Urban Study, including point source in their studies. She pointed
out that there was a letter from the State Water Quality Control
Board saying there should be no point source study. This should be
indicated in the minutes and she would suggest that the City staff
write to them to request that this be included in their minutes so
everyone will know they have clearly been told.
CM-31-165
jDecember 15, 1975
,~(urban Planning Study -
.~ Corps of Engineers)
, - Cw Tirsell stated that in 18 of the minutes, ABAG has received
,$4.5 million for the 208 Waste Water Manage~UdY and it be-
~ came apparent that these two studies would . cxae't1y opposite
. Mr. Bradley
suggested that the Corps of Engineers Study be postponed. They
~ were ready to conclude their study with all pUblic hearings by
~the end of January. The ABAG study will not even have plans
completed as to what will be studied until after March. The ABAG
people may want to contract with the Corps of Engineers to do some
of this. The Corps of Engineers agreed to wait until March so that
ABAG could coordinate rather than to duplicate efforts.
Cw Tirse11 would suggest that relative to #8, a letter be directed
to the Corps of Engineers supporting the delay in their schedule.
They indicated this would be very helpful with their headquarters.
Cw Tirse11 stated that she really doesn't know what to do about
the point source item because the co-sponsoring agency is Zone 7
and it was made known that the position of Livermore is that there
should be no point source study but it was her impression that the
Corps of Engineers would do whatever they wanted to do anyway.
Cw Tirse11 felt that for this reason the position of the City
should be emphasized at public meetings and that a letter
should be sent to Congressman Stark to remind him of the
agreement that was reached.
Cm Miller stated that this is a Valley project and it would seem
reasonable to request that meetings be held in the Valley.
Cw Tirse11 stated that this was a point she intended to make
but during the meeting she noticed that there were representa-
tives from a number of state agencies and apparently they work
in the San Francisco area. Possibly a portion of the policy
meetings could take place in the Valley.
APP. - WALL ST.
PROPERTY (Berat1is)
The matter of the variance application by Chris Berat1is for
reduction of setbacks for property located on Wall Street was
postponed from the meeting of November 24th at the request of
the applicant.
Burke Critchfield, attorney representing the applicant stated
that the applicant has requested that this item be dropped.
After further consideration the applicant believes there is
no way to work out a compromise with the City or to proceed
with his project. Hopefully another plan can be brought to
the Council that would be acceptable to both the City and
the owner for development of this property.
Cm Staley stated that in light of all the problems that have
occurred with respect to the property located at wall Street
and Stanley Boulevard, perhaps the P. C. should be asked to
take a look at the zoning and consider rezoning so that some-
thing can be done with it.
Mr. Critchfield explained that the owner has lost the buyer
for the property and they would like to find someone who is
CM-31-166
December 15, 1975
(Wall Street property)
interested in the property and then come back to the Council with
another suggestion at that time.
Mayor Futch commented that there were a number of variances for the
property for which the Council voiced no opposition and if the buyer
can live with some of these things they wouldn't have to go through
the entire procedure again.
CM MILLER STATED THAT THERE WAS A MOTION TO DENY THE VARIANCES WITH
THE EXCEPTION OF ALLOWANCE OF REDUCTION OF SETBACKS ON STANLEY BLVD,
MOVED BY HIM AND SECONDED BY CW TIRSELL. (Prior Meeting)
Since the item is back the motion is still on the table.
The City Attorney advised that the Council is wasting its time by
taking any action because the matter has been dropped.
Otto Eckert, 177 Wall Street, stated that there is a beautiful view
from that property and he would be very concerned about development
on it. Also, Wall Street already has a tremendous traffic problem
and people would not be happy living on that property. He stated
that there has been a history of vandalism in that area and people
would also have to contend with this if their homes were there.
Mayor Futch stated that consideration for development does not include
Pioneer Park and Mr. Eckert noted that he understands this but develop-
ment in that area would destroy the park.
Cm Miller stated that the City considered the parcel for a park but
one of the problems is that the title is not exactly clear in the
sense that there is a homeowners organization that could act against
the City. One of the problems the owner has is getting quitclaims
from all the members of that subdivision. Perhaps if Mr. Eckert
could help the owner gain the quitclaims the City might reconsider the
park as an issue because it was offered at a reasonable price.
Mr. Musso added that this property is a site zoned for apartments
and it is conceivable that 18-19 units could be built on the property
in the form of apartments. It is not just a simple case of six
single family dwelling units.
Dick Petrini, 237 Wall Street, asked if the owners would be notified
when discussion concerning this property is brought to the Council
at a later date.
It was noted that the property owners would be notified of any plans
for a variance or rezoning. However, the owner could develop on the
property as long as the development were in conformance with the zon-
ing allowed for that property and the owners would not be notified.
Mr. Musso commented that it is ironic that a setback variance of
2 ft. can be fought but an apartment house cannot. They have a right
to go in an build an apartment house in conformance with the regula-
tions.
Mr. Eckert wondered if this type of development would be allowed
assuming that the apartment house would increase the value of
surrounding properties, or degrade the value, and it was noted
that this point is irrelevant.
Mayor Futch explained that the present zoning allows for the develop-
ment of an apartment house and such development can take place as
long as it is consistent with the zoning. If they request something
that is not allowed then they would have to come before the Council
to request a variance.
CM-31-167
December 15, 1975
(Wall Street Property)
Cm Miller stated that there is another option open to the residents
if they wish to do it. They can go to the Planning Commission and
request initiation of a rezoning.
REPORT RE EXXON
PROPERTY LEASE
Mr. Parness reported that the Council asked that the staff inquire
of the property owner (Exxon property) their attitude about possible
lease modifications. He has written to the owners setting forth the
Council's position on the modifications and he would like to give
the Council a copy of the letter of response.
The staff recommendation is that a resolution be adopted authoriz-
ing execution of the lease and a resolution authorizing a budget
expenditure for the minimum improvement costs in the amount of
$1,400.
CM TURNER MOVED THAT THE RESOLUTION BE ADOPTED, SECONDED BY CW
TIRSELL.
CW TIRSELL MOVED TO AMEND THE MOTION TO WITHDRAW THE STATEMENT
ABOUT THE LAST MONTH'S PAYMENT - PAGE 2 OF THE LEASE, Item 2
SHOULD READ AS FOLLOWS:
2. Rental: Lessee agrees to pay Lessor a monthly
rental of ONE HUNDRED DOLLARS AND NO/100, payable
in advance on or before the first day of each month
for which due commencing January 1, 1976. Rental
paYments, as specified above, shall be made payable
to Exxon Company, U.S.A., and shall be sent to the
following address:
MOTION SECONDED BY CM STALEY.
Cm Staley explained that he feels $100 is not a major issue
but knows of no reason the City should pay $100 to Exxon which
is, essentially, an interest free loan of $100 for the term
of the lease.
Cm Turner stated that he would like to publicly thank the Beauti-
fication Committee for their efforts in seeing that the area is
beautified.
AMENDMENT PASSED BY UNANIMOUS VOTE.
MAIN MOTION PASSED BY UNANIMOUS VOTE.
RESOLUTION NO. 253-75
A RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT
(EXXON CORPORATION) AND EXPENDITURE OF PARK FUNDS FOR
PARK LOCATED AT SOUTHEAST CORNER OF PORTOLA AVENUE AND
MURRIETA BOULEVARD.
REPORT RE LAVWMA
PAYMENT REQUEST
LAVWMA has requested that the participating agencies for the
completion of the LAVWMA pipeline forward funds for this pro-
ject. In discussing the item the Council expressed opposition
to forwarding funds until the state agrees to participate.
Mr. Parness stated that he has discussed this matter with the
LAVWMA staff and has asked that the staff obtain information
from the state and federal authorities as to their intentions,
CM-31-168
December 15, 1975
(LAVWMA Pipeline Payment)
and whether or not certification can be received to guarantee reimburse-
ment, or whether or not advance payments can be made for them as the
City is being asked to do. Mr. Parness stated that he made inquiries
after the last meeting and was told that they would respond without
delay but there has been no word, as yet. Unfortunately the item will
have to be continued again.
ON MOTION OF CM MILLER, SECONDED BY CM TURNER AND BY UNANIMOUS
VOTE, THE ITEM WAS POSTPONED.
Cw Tirse11 stated that she has spoken with Lila Euler who has
indicated that if the City does not forward the money in the
near future, VCSD will have to make it up out of their reserve
causing VCSD to lose interest on their money to cover our payment.
The City should press the state and federal people for an answer
as soon as possible because it wouldn't be fair for VCSD to have
to pick up the tab.
Cm Miller stated that in addition to pressing for an answer, the
City needs to press EPA and the State Water Resources Control Board
to sign the agreement.
REPORT RE TENTATIVE
PARCEL MAP #1783
(Cassel Montgomery)
A report from the Planning Commission was submitted to the Council
concerning approval of Tentative Parcel Map 1783 for Cassel Montgomery
for property located on the east side of Hayes Avenue north of East
Avenue.
Cw Tirse11 wondered why this item is in front of the Council again
and it was explained that the last time the Council granted variances
and now they are submitting their parcel map.
Mr. Musso explained that the variances were necessary to allow this
parcel map.
Cm Miller noted that this is just the tentative map and that the
Council will again see the item when they want to build.
ON MOTION OF CM MILLER, SECONDED BY CM STALEY AND BY UNANIMOUS
VOTE, TENTATIVE PARCEL MAP 1783 WAS APPROVED.
RESOLUTION NO. 254-75
A RESOLUTION CONDITIONALLY APPROVING TENTATIVE PARCEL
MAP 1783 (Cassel Montgomery) .
It should be noted that the map was approved for the same reasons
the P.C. approved it, and with the same findings.
REPORT RE CETA
CONTRACT EXTENSION
Notice has been received that the CETA contract for federal funding
for 16 employees has been extended from February 1976, through June.
It is recommended that a resolution authorizing execution of agree-
ment be adopted.
ON MOTION OF CM TURNER, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE,
THE RESOLUTION WAS ADOPTED.
RESOLUTION NO. 255-76
A RESOLUTION AUTHORIZING EXECUTION OF AMEND-
MENT TO CONTRACT (Alameda County - CETA Program)
CM-31-169
December 15, 1975
REPORT RE ALTERNATE
EMPLOYEE HEALTH PLANS
Current contracts with the union for the Police Department per-
sonnel and Public Works Department call for making alternate
employee health programs available to the employees. A survey
indicates that 90% of these employees favor transferring to the
health plan offered by Operating Engineers Local 3. A request
has been received from the Mid-Management Association to allow
the choice of the alternate plan to their members.
Though the City Council is not obligated, it would seem proper
that an alternate health plan be made available to both the Mid-
Management Association and to the executive management group as
well.
Mr. Parness reported that the City is required to make available
alternate health plans for two of the five employee organizations.
At present we are contracting with Blue Cross. A comprehensive
study was done of alternates and it was concluded that three should
be reviewed and presented to both employee organizations. After
the exp1anitory information was given to the organizations it
was almost unanimously a vote in favor of transferring their
health coverage to the Operating Engineers' health plan. This
does not mean that there will be an additional cost to the city.
The same amount paid by the City will continue, with the addition-
al cost borne by the employee.
These employees would have the choice of extending the Blue Cross
plan affording more alternates or of transferring to Kaiser. It
is recommended that the Council allow this choice since it would
be of no additional cost to the City and would allow the employee
a more favorable plan.
Inadvertently Mr. Parness did not include all employees since
this matter was initiated by the Mid-Management Group he would
recommend that in all fairness if this is to be allowed with
some of the groups it should be made available to all other
employee groups as well.
Cm Staley wondered if all employees would be included and Mr.
Parness noted that all employees would be included.
Mr. Parness added that if the alternate is made available it
should be by majority decision because Blue Cross requires
that a minimum of 100 people be maintained. with the trans-
fer of the Police Department and the Public Works people, this
is close to the lOO level. If the City drops below the 100 it
falls into another premium bracket. Rather than a group plan
it would be an individual customer plan and he is told that
there would be a substantial increase in the premium.
Cm Turner stated that with respect to the Police Department
contract, there are four policemen who would not be eligible
for the program because of their position - the three captains
and a lieutenant. He has spoken with Lt. Souza who has indi-
cated that all four of these people are in agreement. They
have investigated a similar program that would give them the
same benefits but they have found that they cannot obtain a
lower premium because they don't have the same buying power
as the rest of the group. They are concerned that they do not
have the same health coverage that the rest of the Police Dept.
will have. They understand that Mid-Management wants to review
alternate health plans but they do not want to join Mid-Management
CM-31-170
December 15, 1975
(Report re Alternate
Employee Health Plans)
as a group or organization. After talking to Lt. Souza, Cm Turner
would like to suggest a proposal to the Council for consideration.
Cm Turner recommended that the Personnel Director shop for, a
comparable program for the four Police officers who are not eligible
for the alternate program and that the four officers be required to
pay into an acceptable program the same amount they would pay if they
were members of the Police Health Plan and that the City pay the dif-
ference exceeded. In other words, if the policemen pay $80 for the
alternate and these four officers found a similar program and had to
pay $100 for the same program, the City would pay the $20 differential.
Cm Turner stated that the four officers have indicated they do not
want to join the Mid-Management Union and Cm Turner believes that
they would not be able to join Mid-Management if they were to re-
ceive the choice of the alternate plan. This is a problem because
apparently the Chief of Police can chose the alternate plan and
the City Manager could chose the alternate plan but because of
their positions, four police officers do not have a choice.
em Miller stated that he may have misunderstood but from what Mr.
Parness has said, only those who belong to the Operating Engineers
Union could join the Operating Engineers program and that some other
alternate plan with additional benefits would be available to all the
other employees. This means that the City Manager and the other
department heads could not join the Operating Engineers health plan.
Cm Turner explained that the Chief of Police could join and the
City Manager could join, but Mr. Lee, for example, could not join.
The issue is somewhat confusing.
Mr. Parness stated that he doesn't understand what Unions allow
sometimes either but executive management is allowed to participate.
He, for example has a choice but he is not sure whether or not the
Police Chief has the choice. Mr. Parness could buy the Operating
Engineers health plan without becoming a member of the union and
there are two or three others that could do likewise. Police
Lieutenants and Captains are specifically exempt from that privi-
lege. They could, however, qualify in the future if they were to
join the Mid-Management Association and that Association joined
Local #3.
Mr. Parness stated that he can sympathize with what em Turner has
just said. It is true that the four police officers would not be
able to obtain this alternate coverage which is not at all inex-
pensive. He would suggest that all employees be allowed the choice
of Blue Cross with alternates or the Kaiser Plan be available for
all City employees other than Operating Engineers Local #3 members.
For the City to pay the difference for the four police officers, as
suggested by Cm Turner would introduce untold complications for the
other 33 management people employed by the City. He added that these
four police officers have enjoyed a substantial increase in the con-
tribution by the City to their health plan that the other officers
of the Police Department have not had. The other police officers
have had $5 per month for dependency coverage as opposed to $26.50
per month for the four officers. There are many variances and it
is a very complex issue but the simple answer would be to
allow the City Manager to afford the two alternate plans to all
employee groups and all employees, including the four officers.
Cm Turner stated that he does not mean to give these four officers
preferential treatment but he believes they feel the present health
plan is not adequate and they are being excluded because they pre-
fer not to join Mid-Management.
CM-31-171
December 15, 1975
(Report re Alternate
Employee Health Plans)
em Miller felt Mr. Parness is offering a reasonable compromise -
the fact there is a Mid-Management group is irrelevant because
the four officers and department heads would equally qualify for
either an extended Blue Cross plan or the Kaiser Plan. They can
join in the option without joining the Mid-Management group.
em Turner stated that perhaps there has been some misunderstand-
ing because it was felt that everybody had to belong to some
type of group or union to be eligible for the option.
Mr. Parness stated that this concept is not correct and this
is what he hopes to clarify by having this as an agenda item.
Doc Blalock, 1698 Sunset Drive, stated that he is one of the
Captains involved. One of the problems is that there has been
a lack of communication. The Police Department was not made
aware of any of this until last Friday and they were told to
vote on it and have it ready by Monday. They have not been
allowed any input and they would like to voice their opinions.
Mr. Parness stated that the point expressed by Captain Blalock
is valid and offered an apology concerning the short notice
to a vote on alternate plans. unfortunately he ~as not aware
of the short notice and if he had been he would not have had
the notice sent out in that manner.
Doc Blalock stated that the other thing is that it was his
understanding there were other alternates to chose from and
he would like to know who selected the present three. The
employees would like to be involved in some of the decisions
that will affect them, in the future.
Gary Souza, pOlice officer, stated that the only point he
would like to make is that in the Operating Engineers plan,
due to their buying power, they have an exceptional hospital-
ization plan. The sergeants and patrolmen, because of their
membership in the Operating Engineers Union, are eligible for
that plan. The lieutenant and three captains are not eligible
but the Chief of Police is eligible. The plan that the City
has offered will be at their expense and in his opinion they
are not the best plans available. He stated that his concern
is that sergeants and patro11men can get an outstanding health
plan, as can the Chief Plan but the other four employees are
being penalized because they cannot be an executive manager
and they also cannot be in the Union. Their families are
suffering because of their classification. None of the
Police Department personnel have elected to join the Mid-
Management Association because they do not agree with some
of their philosophies and some of the things they were trying
to do.
THIS ITEM WAS CONTINUED AND A REPORT FROM THE STAFF WILL
BE FORTHCOMING WITH RESPECT TO ALTERNATE HEALTH PLANS.
REPORT RE REVISIONS TO
SOLID WASTE MANAGEMENT
PLAN FOR ALAMEDA COUNTY
em Miller stated that he is a member of the Solid Waste Manage-
ment Advisory Committee and the Committee discussed the revisions
that were made without any input from the Advisory Committee. It
was very clear that Oakland Scavenger has emasculated the Solid
Waste Management Plan. However, the Advisory Committee has made
a number of suggestions for re-revision which they will recom-
mend to the County Planning Commission and details will appear
in a letter in about a week. When the item comes before the
CM-31-172
December 15, 1975
(Report re Revisions to
Solid Waste Plan)
Council from the Advisory Committee the City's recommendations
can again be made to the County. He stated that he agreed with
almost all of the changes the Advisory Committee made and most of
the changes received unanimous approval. Most of the changes bring
back some strength of some of the original recommendations of the
plan but are still not as strong as some of the members feel they
should be. However, there are some important statements that the
Committee will recommend as a portion of the Plan and hopefully
when the Council reviews them they will agree recommendation to
the County.
Cm Staley stated that perhaps there should be communication with
the County ind~~1n2-~~~~~~~ ~ounci1 will schedule a public hear-
ing on January -So-~~ can be forwarded to the County by
January 6th but in view of the fact this is such little time for
the request it may not be possible to reach a recommendation for
them. If it takes another week for a response from Livermore they
shu1d be willing to consider it.
No Council action is required at this time and the item will be
discussed at the January 5th meeting.
CONSENT CALENDAR
Departmental Reports
Departmental reports received:
Airport Activity - November
Alameda County Mosquito Abatement District - October
Building Department - November
Police and Pound Departments - November
Municipal Court - October
Water Reclamation Plant - October and November
(Progress Report - Stage 3 Improvements)
Cm Staley noted that according to the Airport Activity Report there
has been a sizeable decline in usage of the airplanes for this month
as compared to 1974 and would like to know the reason.
Mr. Lee explained that a new record keeping system is being used and
the person who prepared the report stopped on the 25th of the month
and did not take into account the activities and sales of fuel on that
date which gave a false figure. A revised report has been prepared
which is more accurate. The report the Council received reports
only 25 days out of the month.
Airport Advisory
Committee Minutes
The Airport Advisory Committee minutes for the meeting of December 1,
1975, were submitted for informational purposes.
em Turner asked what FBO stands for in the minutes and it was noted
that this refers to fixed base operator - operator that leases land
from the City.
Cm Turner added that the information that will come from the subcommittee
concerning the Master Plan will be very important and would hope that
the Council is kept abreast of their discussions.
Mr. Lee indicated that they would make sure the Council is informed
of their discussions.
CM-3l-173
December 15, 1975
Consent Calendar Con't
Report re LAVWMA
Effluent Pipeline
An informational report concerning the LAVWMA effluent pipeline
was distributed to the Council.
Res. Auth. & Dir.
Condemnation of
Property - Grade Sep. Proj.
The City Council adopted a resolution authorizing and directing
condemnation of Parcel 39 relative to the grade separation project.
RESOLUTION NO. 256-75
A RESOLUTION AUTHORIZING AND DIRECTING CONDEMNATION OF FEE SIMPLE
ESTATE WHICH THE CITY COUNCIL HAS DETERMINED IS REQUIRED BY THE
PUBLIC INTEREST AND NECESSITY FOR PUBLIC USE, SAID REAL PROPERTY
LOCATED IN THE CITY OF LIVERMORE, COUNTY OF ALAMEDA, STATE OF
CALIFORNIA, LYING WITHIN THE BOUNDARIES OF THE GRADE SEPARATION
PROJECT/RAILROAD TRACK RELOCATION ASSESSMENT DISTRICT WITHIN THE
SAID CITY. (Parcel 39)
Res. re Emergency Services
On-site Assistance Program
The Council adopted a resolution authorizing execution of a promulga-
tion statement relative to the emergency services on-site assistance
program.
Cm Turner stated that concerning the draft of the resolution and it
lists a number of things people are required to do in the event of
an emergency. He stated that he believes it would be a good idea
if the Counci1members have some type of official identification.
The Mayor becomes the Chief Executive Officer in the event of an
emergency and he should have proper identification. He requested
that the Counci1members receive laminated identification cards
and the Counci1members concurred with this suggestion.
RESOLUTION NO. 257-75
A RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE
OF ON-SITE ASSISTANCE SUMMARY AND ACTION PLAN
Payroll & Claims
There were 297 payroll warrants in the amount of $97,204.33, and
82 claims in the amount of $278,645.22, for a total of $375,849.55,
dated November 26, 1975, and approved by the City Manager.
There were 79 claims in the amount of $77,042.62, dated December 9,
1975, and approved by the City Manager.
There were 47 claims in the amount of $l27,978.55, dated December 10,
1975, and approved by the City Manager.
ON MOTION OF CM MILLER, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE,
THE CONSENT CALENDAR WAS APPROVED, INCLUDING THE COMMENTS MADE BY
THE COUNCILMEMBERS ON THE VARIOUS ITEMS.
CM-31-174
December 15, 1975
MATTERS INITIATED
BY THE STAFF
(Building Permits Taken
Out for Kissell Area)
Mr. Parness reported that building permits (26) have been taken out
for completion of the Kissell development by the Great American Land
Company, successor to Kissell.
(Receipt of Sales
Tax Receipts)
Mr. Parness reported that the City has just received the receipts
from the state for the first quarter of this fiscal year for sales
tax. The receipts for this quarter (July through September) are up
13.4%, which is a substantial increase and the first quarter is not
the largest quarter. The increase is certainly welcomed.
MATTERS INITIATED
BY THE COUNCIL
(Ambulance Contract)
Cm Turner asked when the staff will be discussing the ambulance
contract and Mr. Parness indicated that he has received the draft
report from the consultant last Friday and he has to review it with
the staff members involved and probably the matter will be before
the Council in about a month.
(BART)
Cm Turner asked if all cities have been notified of the BART meeting
scheduled for January for discussion with the BART Director.
Mr. Parness stated that a letter has been sent to the BART representa-
tives and the BART General Manager explaining the concerns raised at
the last City Committee meeting, and announcing that there would be
another meeting in January and that, hopefully, the other cities
would attend the January meeting.
Mr. Herringer, the General Manager indicated that if at all possible
he would attend the meeting.
(Agenda Item re
Traffic Signals for
Downtown Area)
Cm Turner stated that a number of merchants have contacted him with
respect to getting signal lights on Second and Third Streets to
connect with "L" Street. Apparently there have been a number of
accidents at these intersections and the Chief of Police can support
this information.
The merchants would like the Council to consider a one-way traffic
pattern for these streets and Cm Turner would request that this
be placed on the agenda for discussion.
The merchants would also request a count of the bike riders using
Third Street as they feel the bike lane eliminates some parking
spaces and that it is not being utilized as it should be.
It was noted that the Third Street bike lane is part of the General
Plan and it would have to be amended if this were to change. However,
the number of bikes should be monitored.
CM-31-175
December 15, 1975
(Agenda Item re Traffic
Signals for Downtown)
Cw Tirse11 commented that some of these items will be discussed at
the time the parking issue is reviewed in January.
Cm Staley wondered if there is a study going on at this time to
consider making those streets one-way streets and the Planning
Director indicated that there is a CBD study being done by the
consultants which includes the issue of street alignment and
traffic.
Mr. Parness stated that traffic signals have been discussed
and are a part of the Capital Improvements Budget. The Second
and ilL" Street signal has been brought up numerous times and is
on our priority list.
Cm Turner suggested that Mr. Lee contact the Chief of Police con-
cerning traffic signals at Second Street and "L" Street and perhaps
there would be a compelling reason for moving this project up on
the priority list. If there is a reason to move it up Mr. Lee could
come back to the Council with a report. The merchants have asked
that this be given consideration.
Mr. Lee indicated that he would prepare a status report of the
various needs with respect to signalization in the City.
(Measure of Popula-
tion Turnover)
Cm Miller stated that the General Plan Review Committee did a
study concerning the population turnover in the City and he would
like to see that the Planning Department continue to do such a
study.
Cm Miller stated that this study was done a couple of years ago
and it would be very helpful to do another study because this is
statistical information that may be useful in court, if necessary.
The study should be done every year or possibly every two years.
J~ X2"?// .~ ~k~ -Z c4 ~~ cU ~ -!7-~ 6?~.f 6. pt/
.~(!~~~~a.~ ~ ~~
(Ambulance Contract (!i:J;:;::~,
Study) I
Cm Staley stated that it is his understanding that the Ambulance
Contract is being reviewed, in part, and wondered if this is true.
Mr. Parness stated that the consultant is doing a very comprehensive
study of the ambulance contract and the cities of P1easanton, Liver-
more and the County are obligated, by contract extension, only until
June 30, 1976. Hopefully, during this interim study period by virtue
of the consultant study there can be some type of alternate administra-
tive means for emergency ambulance services. This is the item Cm
Turner inquired about and it will be before the Council in about a
month.
(Livermore's
Incorporation)
Cm Staley noted that Livermore's 100th anniversary for incorpora-
tion will be on April 1, 1976, and possibly this might be cause
for some type of local celebration.
CM-31-176
December 15, 1975
(Truck Parking)
Cw Tirse11 stated that a truck has been parking on E1 Padro at
Orange Avenue and she requested that someone from the staff look
into this matter.
(ABAG Meeting)
ABAG will be meeting on Thursday night and will receive a recommenda-
tion concerning the time schedule for review of the General Plan.
They will hear a discussion by their attorney concerning the Regional
Planning Committee's recommendation that they be allowed to review
the Livermore General Plan upon receiving favorable advice from
their attorney. This item has to do with Livermore's law suit against
the County and someone from the Council should attend that meeting.
She stated that, unfortunately, she will not be able to attend the
meeting.
The question also came up as to whether or not the City could furnish
them with the General Plans - they need 20 copies just for the RPC.
She indicated that she couldn't make this commitment but the City
would do everything possible to apply the necessary number of copies.
She added that ABAG would be willing to duplicate summary information
but did not offer to make copies of the General Plan. The whole
General Plan is not relevant to what they want to consider so perhaps
they could indicate the divisions they deem to be of regional signifi-
cance so that the City could send this portion to them, or if they want
all of the General Plan.
(Letter to Zone 7)
Mayor Futch prepared a letter to be sent to Zone 7 and Cm Miller
stated the City wants an actual answer from Zone 7 to apply to our
particular area and would suggest a change in the third line of the
letter.
Cm Miller suggested that the wording "facilities near to, adjacent
to or in the area around our City" be included in the third line.
Also at the very end of the letter he would like to add the following
sentence:
We believe all residents of the Valley need to know
the answer to this specific question, very soon.
Namely, is Zone 7 going to become an operating or
supervisor sewer agency anywhere in the Livermore-
Amador Valley?
Cm Miller stated that the question of sewer agencies in the Valley
will be discussed by BASSA very soon and the City should receive an
answer from Zone 7 before the question goes to BASSA.
CW TIRSELL MOVED TO SEND THE LETTER, AS ~1ENDED, SECONDED BY CM MILLER.
MOTION PASSED BY UNANIMOUS VOTE.
CONTINUED DISCUSSION RE
MUNI. CODE AMEND. RE
SEWER CAPACITY ALLOCATION
Cw Tirse11 read a statement from the General Plan that she would like
included in the Sewer Capacity Allocation Ordinance, and the Council
Concurred.
CM-31-177
December 15, 1975
(Con't Disc. re Muni. Code
Amend. re Sewer Capacity)
Cm Miller stated that he would like to add the following wording
to what Cw Tirse11 has read, as follows:
Moreover, no connection shall be made unless it be
consistent with the mitigating measures proposed in
the application for additional capacity.
Also, under Section 18.19.2, second paragraph, there is one
ambiguity.
A 'commitment' is defined as the amount of capacity
required to service a valid lot of record7..etc.
Cm Miller stated that in his opinion, a commitment for a valid lot
of record is one sewer connection whether it be multiple or not,
or whether it be a large 400 acres inside the City. That would
be one lot of record. One sewer connection should be allowed
for only one lot of record.
The City Attorney commented that the commitment itself was intended
to be directed to the valid lot of record as it stands under the
present zoning or the zoning as of the time. Therefore, if it were
a multiple it would have been for a number of commitments, depend-
ing upon the availability of the use. The more intensive use, the
more commitments.
Mayor Futch stated that the City estimated the amount of sewer ca-
pacity that would be used for residential and he wondered if that
assumed multiples that were zoned multiple.
Mr. Logan stated that this would be his understanding.
Mr. Musso stated that at the time the staff looked at the multiple
sites that were available - at that time there were very few. There
were about four major sites that were included and then an estimate
was made of the other miscellaneous lots around town that were zoned
multiple.
Cw Tirse1l stated that in this case she believes the reservation is
based on the zoning - the legal lot of record, as referenced to the
zoning.
em Miller stated that in reading the ordinance it sounds as if
somebody with a property zoned RS-5, with no tentative map, accord-
ing to the zoning is entitled to a certain number of units but
there is no tentative or final. It was the intention of the City
that unless there is a final or tentative map by April 7, 1975,
it does not qualify for anything other than one unit for the
whole parcel. Is that what the words say?
Mr. Logan stated that he may be confused but in order to be a lot
of record there has to be an approved tentative or final map of
record.
Cm Miller stated that there are many lots of record that are 40
acres, for example, in an area zoned for five units per acre but
no tentative or final map has been proposed. It is the intent
of the Council that there be only a single connection - not one
that corresponds to 40 x 5. Do these words actually say that?
Mr. Logan stated that the words do indicate this.
Discussion followed concerning various types of lots of record
and multiple use.
CM-31-178
December 15, 1975
(Con't Disc. re Muni Code
Amend. re Sewer Capacity)
The City Attorney commented that there is a problem because there
are lots of record with a multiple use not requiring subdivision.
For example, if someone has 40 acres and within the 40 acres there
is RG-16 zoning - they could build RS-16 zoning on the 40 acres
without having to subdivide it. There could be 16 units without
any type of subdivision.
The Council's question is whether a 40 acre parcel would have one
commitment or 16 commitments depending on the zoning.
It was noted that perhaps this portion should be reworded because
it is not very clear. There is no urgency to adopt this particular
ordinance because there is a resolution that says the same thing in
an equally binding manner and he would suggest postponement to allow
rewording.
CW TIRSELL MOVED THAT HER WORDING FROM THE GENERAL PLAN AS WELL AS
CM FUTCH"S WORDING BE PREPARED TO READ FLUENTLY, AND TO INTRODUCE
THE ORDINANCE. MOTION SECONDED BY CM TURNER.
CM MILLER l<l.OVED TO SAY "NO" TO QUESTION NO.1, IN THE LETTER TO
THE COUNCIL FROM THE PLANNING DIRECTOR:
1. There are many large lots in the community that
lend themselves to lot splitting. This is particular-
ly true in the older part of town. My question is,
"Should the ordinance make an exception for minor subdi-
vision of say four or less lots, or more particularly
two lots?"
Cm Miller stated that the City has always tried to eliminate lot
splitting and this is the reason the question should receive a
"no" answer.
Discussion followed concerning possible lot splitting.
Cw Tirse11 commented that on the General Plan the high density housing
will be recommended for north of the CBD in the older areas and Cm
Miller stated that in this case it is done by rezoning.
Mr. Musso illustrated cases in which people may wish to divide
their lots.
em Staley stated that there couldn't be too many lots in the older
section of town that could be split and Cm Miller indicated that
there are 500 lots of this nature - 500 scattered lots that are
not part of a subdivision.
Mayor Futch wondered if item one was considered at the time there
was a count of commitments with respect to the amount of sewage
capacity and it was noted that this item one was not considered
at that time.
Mr. Musso noted that a lot the size of 100 x 100 was considered as
one lot without regard for possible lot splitting.
Cm Miller expressed concern for encouraging lot splitting and using
more sewer capacity and Cm Staley agreed that the City would not want
to encourage this but on the other hand he would like some way of
allowing people to do this if they choose.
Cm Miller stated that if lot splitting is allowed it means allowing
an increased demand beyond the count and commitments on our already
existing sewer capacity and in his opinion it would not be wise to
do this, at this point.
em Staley stated that he simply cannot believe there are many lots
in town that could be split and Cw Tirse11 concurred.
CM-31-179
December 15, 1975
(Con't Disc. re Muni. Code
Amend. re Sewer Capacity)
Cm Turner noted that there are 632 vacant lots in town on which
homes can be built and it was noted that only a small portion of
these could be split.
The majority of the Counci1members felt the lot splitting should
be allowed.
em Miller pointed out that if someone has a 10 acre parcel they
could split it into three lots, and again into three lots, and
again into three lots and again into three lots. Each split is
permitted by the step the Council proposes to allow.
em Staley wondered if there are any 10 acre parcels that would be
involved and Cm Miller stated that there are all types of properties
that do not have tract maps on them.
The City Attorney advised that if lot splitting is allowed it is
approval for lot splitting allover town and not just in the older
section of town.
The Council next went to Item #2, which Cm Miller indicated is
a shuffling of lot lines and he be1eives this would be reasonable.
The Council concurred.
The Council moved to Item #3 with respect to allowance of low or
moderate income housing and it was mentioned that perhaps this
should include housing for the elderly.
After brief discussion it was concluded that it wouldn't be right
to make ~~cia1 provisions for the young, old, blind, etc. It was
felt tha~low to moderate, as stated, should be sufficient.
It was concluded that #4 should be reworded.
Mr. Musso commented that he felt churches should be included in
Item #4.
em Staley stated that churches would be covered under the wording
proposed this evening under the General Plan, and it should be
applicable.
The City Attorney stated that it would be for anything in excess
of the presently available 5 MGD. He noted that there is not
really that much to deal with if there is only a 5 MGD capacity
and yet the Council is spending a great deal of time spelling out
each little thing that could have a commitment. The commitments
are virtually gone, in any event. If the City gets any industrial
development of any size it will use all of the industrial commit-
ment and the low income housing would use the rest of the capacity.
The Council is talking about what should be allowed if the City
is able to get the additional capacity. He would suggest that
the City let the ordinance remain as is, because there is not
enough capacity to worry about.
Item #5 asked if the City would consider granting a sewer con-
nection to property in the County presently being served by
a septic tank and Cm Staley commented that he doesn't know how
the City could agree to serve someone in the County when sewer
connections are not being given to people in the City. The
Council concurred.
Item #6 spoke to giving preference to industrial/commercial
properties over residential connections and Cm Miller indicated
that he would refrain from discussion on this item because he
owns land that would fall into this category and represents a
conflict of interest.
CM-31-180
December 15, 1975
(Con't Disc. re Muni. Code
Amend. re Sewer Capacity)
Mr. Parness stated that relative to Item #6, there is a case in
point - all of the commercial property reviewed and approved which
is the location along North Front Road. The property is owned by
Mr. Busick and the planning for this has gone a long way. There
have been recent inquiries by some of the owners as to what might
happen and when Mr. Parness was asked if there would be sewer capacity
for development, he responded that there is very little sewer capacity
but the Council has indicated that capacity could be used for indus-
trial development.
It was noted that the Council will allow commercial or industrial
development of land in the City and the Busick property is in the
City.
The City Attorney commented that the problem concerning #6 would be
solved because if the City wants to bring in more commercial that
exists in the County the City could merely annex them into the City.
The Council concurred.
MOTION AND SECOND WERE WITHDRAWN AT THIS TIME.
CW TIRSELL MOVED TO DIRECT THE STAFF TO PREPARE THE ORDINANCE, AS
AMENDED, FOR INTRODUCTION. MOTION SECONDED BY CM MILLER AND PASSED
BY UNANIMOUS VOTE.
ADJOURNMENT
Mayor Futch adjourned the meeting at 10:55 p.m. to an executivJr
session to discuss appointments and thereafter to an adjourned
regular meeting on December 22, 1975, at 7:30 p.m. in the Council
Chambers, 39 So. Livermore Ave.
~ //-ZJ/
Mayor
~~~
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. Liver -;~ .~fornia
APPROVE
ATTEST
Regular Adjourned Meeting of
An adjourned regular meeting of the
1975, at 7:30 p.m. in the Municipal
Avenue. All members of the Council
December 22, 1975
Council was held on December 22,
Court Chambers, 39 South Livermore
were present.
The meeting immediately
executive session to discuss
APPROVE
ATTEST
Regular Meeting of December 22, 1975
A regular meeting of the Livermore City Council was held on December
22, 1975, in the Municipal Court Chambers, 39 South Livermore Avenue.
The meeting was called to order at 8:05 p.m. with Mayor Futch pre-
siding.
Present:
Absent:
ROLL CALL
Cm Turner, Miller, Staley, Cw Tirsel1 and Mayor Futch
None
CM-3l-181
December 22, 1975
PLEDGE OF ALLEGIANCE
Mayor Futch led the Counci1members as well as those present in the
audience, in the Pledge of Allegiance.
MINUTES OF DEC. 8
P. 161, second paragraph under Budget, omit the last sentence
of that paragraph.
P. 143, first paragraph, sixth line, last word should be strip.
P. 147, 7th paragraph, second line, word should be strip commercial
rather than strict commercial.
ON MOTION OF CM MILLER, SECONDED BY CW TIRSELL AND BY UNANIMOUS VOTE,
THE MINUTES FOR THE MEETING OF DECEMBER 8, 1975, WERE APPROVED AS
CORRECTED.
ORAL COMMUNICATION
RE ASSESSMENTS -
John Regan
John Regan 672 South "N" Street, stated that he would like to speak
to the Council concerning assessment practices for commercial prop-
erties in the City of Livermore, and more specifically, the Herald
and News property which he owns. He indicated that he has prepared
factual data from his records which he has delivered to all members
of the Council. He then explained the various exhibits included in
the data presented to the Council.
Mr. Regan stated that it is clear from the information he has
presented to the Council that in the past the assessor had been
over-assessing the property by 33-1/3% for many years and that
the tenants of the building paid several thousands of dollars
in additional rental which would not have been necessary if the
owner of the property had complained about the assessments. He
stated that he has urged owners of other commercial properties
to follow the procedure he has taken because he has received a
substantial reduction in the assessment of his property because
of over-assessments in the past. To believe that commercial
properties increase in value along with residential properties,
at the same rate, is false.
Mr. Regan commented that he cannot understand why the Council and
staff have decided to pick on commercial properties, alone, and
wondered why other inequities are not being cited. He pointed
out that in reviewing assessments for residential properties
some are assessed 30% lower than market value while his com-
mercial property is assessed only 10-15% lower than the market
value. If the Council doesn't "shut up" about unfair assessment
practices, the residential properties may be reviewed and their
assessments raised. He then suggested that there be a committee
comprised of residents from different areas of the City with the
instructions to more thoroughly explore the accusations of unfair
assessment practices with respect to commercial properties.
Cm Miller stated that he appreciates the information Mr. Regan
has prepared for the Council and in view of what has been pre-
sented concerning the Herald and News property, there is no
question of the fact that in 1973 the assessment was changed
to something that was reasonable. In this case the decline
in the assessment has a very reasonable explanation and he
has no objection to this.
Cm Miller added that he does not agree, however, that the
interest of the Council in equitable tax assessments, is
ridiculous. There are many inequities - in particular the con-
stant percentage increases that this Council has spoken about
in the past. He would agree that the assessor's valuation of
CM-31-182
December 22, 1975
(re Assessments)
his home does seem low, compared to what the actual market value would
be. However, he owns a home on Martin and the assessors value is right
on the button in estimating the market value. It seems that the more
expensive the property, the lower the assessment, so they don't reflect
the actual market value and this is unreasonable.
Cm Miller stated that he does not agree that all commercial prices are
sinking and that all the properties in the City are down. In the
particu1a~q~~se cited by 11r. Regan the assessment should have been
10wered~lio~ever, the property is in the same categories as 80-85%
of the other commercial properties in Livermore which have not been
changed with respect to assessments for two years and this is what
is unreasonable and deserves investigation. If there are no changes
in assessments for commercial properties it means that residential
properties are paying more because there always is an increase in
the market value. The Herald and News profits from having assessments
low or unchanged in a commercial area but this will not be disclosed
in one of their editorials. The public should, however, be aware
that the H&N has many financial interests that are reflected in their
editorials.
Cm Turner stated that he didn't appreciate the remark made by Mr.
Regan about the Council shutting up about assessments because it
is the Council's responsibility to the public to investigate what
might appear to be unfair practices in the assessments. The com-
mercial properties have been assessed equally, on the average, with
residential properties but there are some major pieces of property
which have lower assessments and it is the responsibility of the
Council to investigate.
Cm Staley stated that one of the problems in re-eva1uating property
is comparable sales. With residential property it is much easier
to find a comparable sale but it is difficult with respect to
commercial property. commercial properties are not built uniformly,
are not situated the same, and have different tenants. It is diffi-
cult to set the market value on the property until it actually sells.
In his opinion, not being re-assessed for two years for commercial
property is not unreasonable.
No action was required concerning this item.
COMMUNICATION RE FORMA-
TION OF FILIPINO VOTERS
LEAGUE OF ALAMEDA COUNTY
A letter was received from the Filipino Voters League of Alameda
County, announcing its formation.
No action was required and the item was noted for filing ON MOTION
OF CW TIRSELL, SECONDED BY CM STALEY AND BY UNANIMOUS VOTE.
TRACT 3607
APPEAL RE P.C. APPROVAL
OF VARIANCE APP. FOR
EARL MASON (Gr. Am. Land)
The Planning Commission approved a variance application by Earl Mason
for Clarence Overaa to allow reduction of a back yard setback from
25 ft., average 35 ft., to 10 ft. average 25 ft. for lots located in
Tract 3607 at the intersection of Scherman and Murde11 Lane.
Cm Miller stated that this item was appealed at his request.
that time he has met with Mr. Schwarer and Mr. Mason and has
the map. He can see a case for a few variances but he would
discuss some of the other lots.
Since
reviewed
like to
CM-31-183
December 22, 1975
(Variance Appeal - Gr. Am. Land)
Cm Miller stated that there has been a request for variances for all
but seven of the lots and this would prevent the ordinance from being
satisfied. The lot can be built on with houses of a different design,
for example. Variances are not supposed to be granted because of the
shape of the building but rather because of unusual conditions for the
property itself. None of these lots are that unusual but there are
seven for which a case can be made.
Secondly, logical application of the new ordinance requires the
setting of a deadline, beyond which the new rules have to be satis-
fied. If exceptions are made it means that the new rules really
never are applied. The fact that other properties have different
rules is not grounds for a variance. In part, this property could
have been "grandfathered" in if they had submitted their final map
early on. For their own reasons and desires they tried to get the
RS property returned to RL and then they tried to get variances for
floor coverage against the RS. As a result of trying to carryon
that program they exceeded the dea1dine for being "grandfathered".
If they had submitted their map directly, they would have been
covered by the "grandfather clause".
The whole point of the changes for the RS and in the rules, is
to protect the buyers and to give them adequate back yard open
space and play space for their children as well as storage room
access. People would not get this type of protection if variances
were granted based on a desire to place a specific house model on
a piece of property, because it is possible to satisfy the ordi-
nance by using a different model.
Cm Miller then pointed out the seven lots he believes have grounds
for variances.
Cm Miller continued that the setback requirement can be satisfied
if the developer uses a 45-foot deep model. Great American Land
does not have a 45 ft. model but they could if they wanted to.
They have three models with just about the same amount of sq. ft. -
Models 1, 2, and 5, but the models of 2 and 5 are such that they
can't make the setbacks because a garage is out in front of the
house. The point is, they have models that can meet the criteria.
It is a poor design to have the garage out in front, as it turns
out. Cm Miller stated that he would agree that the lots he indi-
cated to the Council - the cul-de-sac lots or odd shaped lots -
could reasonably have a variance but the rest of. the lots problems
could be solved by using different models - it is a question of
design only and this is not a justification for granting a vari-
ance.
Cm Turner stated that he is a little concerned about this applica-
tion because at the time the ordinance was being changed he does
not recall that Mr. Musso advised that this application was in
the mill.
Mr. Musso stated that he believes that at the time the variance
was being reviewed it was probably noted that a change in the
ordinance was in the mill.
The variance came up during a period when the RS Ordinance was
an issue in the background. At that time it was anticipated
that the map would be final during this period and it would
have qualified under the present ordinance.
Mayor Futch stated that when this item was discussed a few months
ago the Council did not indicate that approval would be given if
variances were required. The Council indicated that if develop-
ment would conform to the RS Ordinance the Council would approve
it. Nothing in the way of a variance was approved.
CM-31-184
December 22, 1975
(re Variance Request
- Great American Land)
Mr. Musso noted that the change was not anticipated at the time the
developers spoke to the Council about development in that area.
He added that he assumed the lots would be developed by the time
the new ordinance went into effect.
Cw Tirse11 stated that she is confused about this application because
the last time the Council reviewed it the developer was going to take
about three feet from the park and everything fit - what happened
after that?
Mr. Musso commented that the ordinance changed and the setback changed.
CM MILLER MOVED THAT VARIANCES, CORRESPONDING WITH THE P.C. RECOM-
MENDATIONS BE ALLm^lED FOR LOTS 9, 11, 14, 15, 19, 22, and 36, WITH
DENIAL OF ALL THE OTHER VARIANCES APPROVED BY THE P.C. MOTION
SECONDED BY CW TIRSELL FOR DISCUSSION PURPOSES.
Mr. Earl Mason, developer for Great American Land Company, stated
that he would like to speak to the Council about timing because
this is very important. In August they came to the Council to
request a reduction in lot coverage variance and they were denied.
They asked the Council if they would be given approval if they came
back to the Council with a map in conformance with the ordinance
with respect to lot coverage and all other aspects of the RS Ordi-
nance at that time. On August 25th they came in with such a map,
which the Council reviewed and on September 12th the final map was
submitted to the Planning Department. The map was in conformance
with the ordinance at that time.
Mr. Musso noted that the ordinance requiring the 35 ft. average
setback went into effect in October.
Mayor Futch asked if this type of problem has occurred in the
past and Mr. Musso indicated that there have been similar problems
but nothing exactly like this.
Mr. Mason stated that they are not asking for anything special but
would request that they be required to conform to the old RS Ordi-
nance.
Mayor Futch stated that he believes the applicant has voiced a good
argument concerning this issue and he will not vote in favor of the
motion. He stated that he believes there should be some time period
to allow development after the final map has been submitted, without
having to conform to an ordinance that is adopted after the map has
been submitted. He would like to support the recommendations of
the Planning Commission.
Cm Miller stated that he would like to point out that a final map
is for property - not for models. It is the property that has to
be different to qualify for a variance. In no case is this property
different. The ordinance can be met by using one of the models, which
the developer has. There are two other models exactly like it that
have only 100 sq. ft. more and those two models could satisfy the
ordinance if the garages were not out in front. The point is, the
ordinance can be satisfied by using his own models.
Cm Staley stated that he intends to vote against the motion also
because the final map was approved prior to adoption of the new
ordinance.
Cm ~1i11er noted that the map was not approved - it was submitted.
Cm Staley stated that he believes it simply is not fair to change
the rules when someone is 95% complete with the planning.
CM-31-185
December 22, 1975
(re Variance Request
- Great American Land)
Cm Miller stated that the map was filed for the property and not
the houses and he knows of no way the Council can legally grant a
variance.
MOTION TO GRANT A VARIANCE FOR ONLY SEVEN LOTS FAILED 1-4 WITH
CM TURNER, TIRSELL, STALEY AND MAYOR FUTCH DISSENTING.
Cm Miller pointed out that in voting the way the Council intends
to vote, to support the Planning Commission's recommendation, they
are allowing a "blanket variance" and all the houses can be only
10 ft. from the back yard line.
Cm Miller noted that if someone is going to make a motion to adopt
the recommendation of the P.C. perhaps the motion should include
providing a different model for Lots 29 and 33 and this would make
four lots conform to the ordinance.
CM STALEY MOVED THAT THE COUNCIL ADOPT THE RECOMMENDATION OF THE
P.C. AND THEIR FINDINGS, TO GRANT THE VARIANCES FOR THE FINAL MAP
WHICH WAS SUBMITTED ON SEPTEMBER 12, 1975. MOTION SECONDED BY CM
TURNER.
Cw Tirse11 stated that she would have to support the motion because
she believes every effort was made b~,~~ ,~~ve1oper~b~~~
develop and be in conformance with t~~.1 C i .
-- that the park land remain open spaoe and they agreed to do 'this
a1oo. They ha~o boen very oooperative aad really ha~e 'tried 't~
oonform.
MOTION PASSED 4-1 (Cm Miller dissenting) .
RECESS
MAYOR FUTCH CALLED FOR A BRIEF RECESS AFTER WHICH THE COUNCIL
MEETING RESUMED WITH ALL MEMBERS OF THE COUNCIL PRESENT.
REPORT RE MEMO
OF UNDERSTANDING RE
LIVERMORE POLICE - HEALTH PLAN
The City's current labor relations agreement specifies that an
alternate health plan be offered to the employees. Of the several
alternates studied, all but one employee from the Livermore Police
Department and the Public Works Department voted in favor of the
plan sponsored by the Operating Engineers. Therefore, all of
these employees will be transferred for coverage from the exist-
ing Blue Cross plan to the Operating Engineers plan, effective
January 1, 1976.
It is recommended that a resolution authorizing execution of
an addendum to the Memorandum of Understanding be adopted.
CM TURNER MOVED TO ADOPT THE. RESOLUTION AS RECOMMENDED, SECONDED
BY CW TIRSELL.
Cw Tirse11 commented that it is her understanding that this item
was discussed last week and that this would apply only to the
Operating Engineers and the Police Department and she would like
to know if the City is still looking into the possibility of a
plan that would satisfy all other City employees.
Mr. Parness indicated that this is correct. Employees will be
given the opportunity to indicate whether or not they want the
Blue Cross plan with additions or the other alternate plan which
is the Kaiser plan.
MOTION PASSED BY UNANIMOUS VOTE.
CM-31-186
December 22, 1975
RESOLUTION NO. 258-75
A RESOLUTION AUTHORIZING EXECUTION OF ADDENDUM
TO MEMORANDUM OF UNDERSTANDING (LIVER~ORE POLICE
OF THE OPERATING ENGINEERS, LOCAL #3).
RESOLUTION NO. 259-75
A RESOLUTION AUTHORIZING EXECUTION OF ADDENDUM
TO MEMORANDUM OF UNDERSTANDING (LIVEffi10RE PUBLIC
WORKS EMPLOYEES OF OPERATING ENGINEERS LOCAL #3)
REQUEST FROM P.C. RE
CONSULTANT DUTIES -
RE GENERAL PLAN
A report from the P.C. indicated that they have conducted a public
hearing on the General Plan and from the hearing it is evident that
changes will be requested on the map and within the General Plan text.
In addition, further studies may be required to substantiate or clari-
fy certain aspects of the General Plan. The consultant's responsi-
bility ends with the pUblication of the Plan and it is requested
by the P.C. that the Council authorize additional consultant services,
if necessary.
Cm Turner stated that in the letter Mr. Musso indicates that apparently
the consultant's responsibility ends with the publication and he asked
if it does or does not end with the publication.
Mr. Musso commented that at the time the consultants file a General Plan
they are to be paid in full. They have used all the meetings contracted
for and it means that the City must pay for any additional meeting.
Cw Tirsel1 wondered if the City would be charged for any amendments
or corrections to the draft of the General Plan.
~1r. Parness stated that he believes any additional work on the part
of the consultant would result in an additional charge to the City.
If there are public hearings during which the consultant is asked
to be present the cost would amount to about $1,500 for travel
time, etc. This cost is estimated to cover about five hearings.
Mr. Musso commented that the one outstanding obligation of the con-
sultant is the printing of the final map.
There was some discussion concerning the possibility of allowing
an additional $1,500 for consultant services and Cw Tirse11 commented
that she is amazed that the City would write up a contract for con-
sultant services that didn't include everything through to the end.
Mr. Parness explained that the need for the additional financing
is due to the inordinate number of meetings and public hearings
that were not anticipated.
The City Attorney advised that if an additional expenditure is to
be approved it should be done by resolution. The Council can vote
this evening and the resolution will be prepared during the week.
CM TURNER MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE A RESOLUTION
AUTHORIZING AN ADDITIONAL EXPENDITURE NOT TO EXCEED $1,500. MOTION
WAS SECONDED BY CW TIRSELL.
CM-31-187
December 22, 1975
(re Additional Gen.
Plan Consultant Fees)
Cm Turner commented that in the letter from Mr. Musso he states
that any questions the City might have of the consultant con-
cerning the General Plan, would be answered at no extra charge.
This should really be clarified because the consultant could
decide to charge the City on each call to him.
Mr. Musso stated that he would interpret this to be that if
no additional staff time is required there would be no charge.
The City Attorney suggested that a decision be postponed because
there will be both Planning Commission and Council hearings, and
if the Council intends to review everything the Planning Commission
does, there would have to be the same number of meetings.
Mr. Musso remarked that the Planning staff will do most of the
mechanical work such as redrawing maps or preparing alternatives.
Mayor Futch indicated that the staff would come back with a reso-
lution later and with a clearer understanding as to the specific
obligations of Grunwald Crawford and Associates under the contract
from this point on.
A VOTE WAS TAKEN ON THE MOTION AT THIS TIME AND PASSED UNANIMOUSLY.
REPORT RE FORMATION
ENERGY CONSERVATION COMM.
A letter was submitted to the Council by the Planning Commission
with a list of names of people who had volunteered or been proposed
for consideration as members of the Energy Conservation Committee.
Mayor Futch commented that since this is to be a permanent committee,
appointments should be made by the Council.
Cm Miller suggested that the Planning Commission furnish names of
people interested, and Mr. Musso stated that was the intent of
the letter.
Mayor Futch suggested that the Council set an executive session
to discuss the appointments, perhaps on January 5.
The Council directed the staff to check with the people whose
names were listed to make sure they were interested in serving on
the committee.
Mr. Logan asked if it was the Council's desire to formally esta-
blish this committee, and was advised it had not been discussed
but perhaps it should be discussed prior to appointments being
made.
Cm Miller suggested that the Committee be a formal committee of
the City Council as the charges would be laid ou, and this would
keep it in the purview of the Council.
Mr. Musso explained that one of the reasons the Commission has
proposed it be a formal committee is that it has to do with in-
terest in the Lab. Commissioner Selden felt that the City might
get a better level of cooperation from the Lab if it were a formal
committee as it would be something of a pilot project for Livermore.
Mayor Futch agreed that there are funds available for a pilot
project, but suggested that the matter be continued for further
discussion at a later time, to which the Council concurred, and
the suggested date was January 12, 1976.
CM-31-188
December 22, 1975
SUMMARY OF ACTION - PLANNING
COr1MISSION MEETING DEC. 16
At the Planning Commission meeting of December 16, the Commission
approved application of Sunset Development Co. for Variance to allow
continuance of corporation yard on a portion of property located at
the northwest corner of Concannon Blvd. and Cordoba Street.
Cw Tirse11 asked the Planning Director the reason for extending the
application for continuance of the corporation yard, and Mr. Musso
explained that the biggest argument was that it would be better to
have it remain there rather than some other location within the two
tracts, and this was only with the condition that it be allowed to
remain for the time it would take for the last of the houses in the
tract to be completed, which was estimated to be six months.
em Miller pointed out that it should be located within the subdivision
that is being constructed rather than in a tract that has been com-
pleted for six or seven years.
Mayor Futch suggested that a letter be directed to the developer
notifying him that this would be as long as the Council would allow
the use.
Cm Miller disagreed as he felt the same argument would be used if
another tract is commenced.
CW TIRSELL MOVED THAT THE COUNCIL APPEAL THE PLANNING COMMISSION'S
ACTION, SECONDED BY CM STALEY. CW TIRSELL ALSO ASKED IF THERE WAS
ANY OFFICIAL ACTION TAKEN BY THE CITY ON THE PROPERTY THAT THE COUNCIL
BE GIVEN A REPORT ON IT. THE MOTION PASSED UNANIMOUSLY.
REPORT RE PROPOSED ORDINANCE
REFERENDUM (Vehicle and
Trailer Storage)
The Mayor explained that a petition has been submitted for referendum
of Ordinance No. 872 and received sufficient signatures to qualify.
The two options are either to repeal the ordinance or submit the
matter to the electorate at the forthcoming general election in March.
CM MILLER MOVED THAT THE MATTER BE SUBMITTED TO THE ELECTORATE IN
MARCH, SECONDED BY CM STALEY.
Cm Miller stated that he had spoken to the City Attorney concerning
the ballot wording and was told that the wording suggested was as it
should be since that was the title of the ordinance. However, Cm
Miller stated that the title of the ordinance did not indicate pro
or con what the whole thing was all about. It is his understanding
that the City Attorney is supposed to provide an impartial analysis,
and he felt that the pros and cons could be included in the ballot
statement to explain the issue.
Mr. Logan explained that what Cm Miller was referring to is that the
legislative counsel writes impartial statements for state ballot pro-
positions. There is no requirement.
Mayor Futch stated he was in favor of this option at this point in
time, however he felt that this action reflects somewhat on the Council
as a failure on their part to come up with an ordinance that would
be adopted in a way that would lessen the hardship on particular people.
He felt that the Council made a mistake by not adopting the ordinance
submitted to them by the Planning Commission as he felt it was less
harsh on the people who owned trailers and it may not have resulted
in the action now being taken by the Council, and even if it had,
the outcome might have been different. Now, regardless of which
way it goes, there is going to be approximately 50% of the people
CM-31-189
December 22, 1975
(re Proposed Referendum
- Trailer Storage)
who will be unhappy. Even though they were putting it to the vote
of the citizens, he felt the Council could have done a better job
of providing leadership and coming up with an ordinance that would
not have been so controversial. He added that he regrets that it
turned out as it did, but the Council has no choice at this time.
Cm Miller felt he needed to respond to the remarks made by the
Mayor and stated that the Council certainly made a mistake, and the
Commission too, by deliberately dragging their "feet" for two years
instead of doing as the public had asked them to do in 1973. The
proposal originally sent by the Planning Commission to the Council
was in total conflict with the vote in 1973, which they recognized
when they reconsidered it.
Mayor Futch stated that the Commission had no choice as they were
directed to reconsider the matter by the Council.
Cm Miller continued that the present ordinance reflects the original
public vote, and the one that they are facing now has been brought
by the people who think that it is changed, and while he does not
agree with the referendum, he commends the people who felt strongly
enough to take the issue back.
Cm Turner commented that since the Mayor had elected to go after the
other four members of the Council, he would have to say that when
the issue first came up if the Mayor had the courage to make a deci-
sion, they wouldn't be faced with this issue now. Cm Turner added
that he was happy to take the responsibility now.
A VOTE WAS TAKEN ON THE MOTION AT THIS TIME AND PASSED UNANIMOUSLY,
AND THE FOLLOWING RESOLUTION WAS ADOPTED.
RESOLUTION NO. 266-75
A RESOLUTION PROVIDING THE FORM OF BALLOT FOR A MEASURE TO BE
SUBMITTED TO THE VOTERS OF THE CITY OF LIVERMORE AT THE GENERAL
MUNICIPAL ELECTION TO BE HELD AND CONDUCTED IN THE CITY OF LIV-
EID10RE ON MARCH 2, 1976.
Cm Miller stated that the question of the ballot statement should be
resolved and he indicated that he would be happy to write the state-
ment.
Cm Turner stated he would prefer to have the staff write the state-
ment for the Council's review, however Cm Miller stated that he would
not prefer that and requested permission of the Council to write the
sta:tement. ~./?r1~~~~ ~&U?~ ~ ~ en-J
'~ U> ~ ~ .P-aLL..,r. ~.~,<!'~~b .
Mr. Logan pointed out that repealing Ordinance 872 repeals several
other areas that are not necessarily the brunt of all of the objec-
tions, and he was not certain at this time whether the repeal of that
in effect puts the old ordinance back into effect because the old
ordinance was repealed. In other words, he was wondering if two
negatives made a positive, and was willing to looking into the matter,
but he wanted to point out to the Council that the effect of the
repea1e would wipe out most front yard requirements completely,
and in addition if it is voted for, the Council cannot act on it
again for another year from the date it is voted upon. That holds
true whether the Council repeals the ordinance directly this evening
or whether the citizenry repeals it by the vote.
Cm Miller asked what the option would be, and Mr. Logan replied that
if there is an option at all, and if the repeal doesn't repeal the
repeal there would be back to where they were before. If the repeal
effectively puts the old ordinance back into effect again, then the
Council will be okay, if it doesn't the only reasonable alternative
is to put another ballot measure on to make it clear that the adop-
CM-31-190
December 22, 1975
(re Proposed Referendum
- Trailer Storage)
tion of this measure repeals the whole works, but the adoption of
the other ballot measure only repeals those areas which are the
areas of concern which can be complicated especially to the elec-
torate which is usually uninformed.
Mr. Logan added that the Council is very limited as to whether it can
be put on the ballot proposition or not. If it isn't decided tonight
it isn't going.
Cw Tirse1l asked if it was possible to repeal parts of the ordinance,
and Mr. Logan stated it is possible if the referendum had been worded
in such a way as to repeal particular sections, but it would repeal
the whole ordinance. Cw Tirse11 asked if they went back to the
original ordinance wouldn't it be more strict than this one?
Mr. Logan replied that if the repeal does not effectively put the
other ordinance out of business, the Council would go back to the more
restrictive ordinance, however he has not reached a conclusion on that
issue. It would seem logical that if this ordinance is repealed which
repealed the old ordinance it would put the old ordinance back into
effect again.
em Miller stated what he can see as the problem is that if it repeals
everything else, then for the person who writes the ballot statement
against the referendum, he would have to point out that the whole
ordinance would be repealed, and that would help get some votes to
vote down the referendum, but that isn't where the issue is. If you
are going to have a vote on this, you should really have it where the
issue is.
Cm Miller asked if they should consider another ballot measure.
Cw Tirse11 felt they would be severely criticized with two ballot
measures. This one alone was confusing enough, let alone another
one. If this one went back to either of the other ordinances, the
second ordinance that has been in effect is more to the liking of
the RV people. But if that is not in case, they would go back to
the old ordinance which is more strict than this one.
Cm Miller stated that the ordinance which was in effect before they
adopted Ord. 872 was the interim ordinance which allows front yard
storage in the older part of town.
Mayor Futch reminded them that ordinance could also be repealed.
em Miller stated that he knew that, but if Ord. 872 puts another
ordinance back into effect, it is the least restrictive one and he
and Cw Tirse11 both felt it would be agreeable to the RV people,
which would be in keeping with the spirit of the appeal.
Mr. Logan pointed out that if the referendum is specific - you either
say yes or no on it, that's the way the vote will go, but if you put
on an alternative and they vote yes, that is only advisory and you
will have to tell the electorate that it is only an advisory vote,
you don't have to go along with that.
The Council decided they could do nothing more to clarify the issue.
Fred Johansen, 854 Keystone Way, representing the trailer people,
stated he would like to suggest wording of the analysis of the
referendum to be made out by the attorney and modified so that it
will be a little less confusing to the people. He felt they had re-
ceived a lot of response to the petition which shows that there was a
certain amount of confusion on the last issue. There are many things
that are not at all clear to the people. The City Attorney has stated
CM-31-19l
December 22, 1975
(re Proposed Referendum
- Trailer Storage)
that the measure can be written only in the form that it is written
on the petition which he felt was unfortunate as he wasn't sure how
many people would actually read the arguments.
Mr. Logan again explained that the whole ordinance could be repealed
by the vote and there is nothing he can do to change that in the
ballot wording. Anyone who indicates there is anything different
than that is wrong. It will repeal every front yard ordinance, every
off-street parking ordinance section of that whole particular ordinance
unless the repeal puts back into effect the interim ordinance at which
time most of the sections will come back into play again. The un-
fortunate part of the whole thing is that that ordinance was not
only used to direct itself to a specific item, but it was used as a
cleanup measure to clean up other items which in the process brought
in all kinds of things that might not necessarily have had to come
under that particular designation. Irrespective of that particular
problem, the whole ordinance will be repealed, and the Council has
no choice as the referendum forces them into that position. The
people had no choice as the normal attack on an ordinance is to re-
peal the ordinance, which is the appropriate procedure to take.
Cm Miller stated that hopefully when the City Attorney takes a closer
look at what is being repealed, it will all come out so that it will
not repeal the whole ordinance. He added that although Mr. Johansen
and he are on opposite sides of the issue, they both had the same
idea - ~hat the measure should state what the issue really is.
Cw Tirse11 asked Mr. Johansen if he felt that the 80% of the people
who signed the petition is any indication of the support for it.
If so, he is being misled, because she has walked many petitions,
and it is a rare American who wouldn't sign their name to have some-
thing on the ballot. She cautioned him that if he was strongly be-
hind the issue he should not think he has it won.
Mr. Johansen felt that the City should put forth every effort so
that the people will understand the issue. If they had not had the
heavy vote from the newest parts of town the last time, the measure.
would have been defeated.
The City Clerk reminded the Council that a time must be set to have
arguments submitted, and so she has set December 29 through January
9, at which time all arguments have to be presented for both the
Council and the proponents. There cannot be more than 300 words
in the argument.
Mr. Logan stated that he would prepare a statement for the Council,
officially or unofficially, on whether the ordinance will repeal
the old ordinance or if it will go back into effect, and that posi-
tion will be made well in advance of the election so everyone will
know what it is.
FARMING LEASE re 8-ACRE
PARCEL ABUTTING KITTYHAWK RD.
The City owns an 8-acre parcel abutting Kittyhawk Road on its
easterly side. This land was obtained so as to protect development
encroachment under the easterly approach zone of the airport. It
has been leased for farming purposes for the past several years
by the lessee of all of the surrounding property except that to the
west. Rather than to grant a lease extension it was decided to
solicit bids on the property. There were no lease proposals re-
ceived other than a statement from the current lessee whose adja-
cent land use and available water supply precludes any others.
CM-31-l92
December 22, 1975
(re Farming Lease)
CM TURNER MOVED TO ADOPT THE RESOLUTION AUTHORIZING EXECUTION OF THE
LEASE, SECONDED BY CW TIRSELL, MIICH PASSED UNANIMOUSLY.
RESOLUTION NO. 260-75
A RESOLUTION AWARDING BID
(Norman L. Marcie1)
REPORT RE EAST AVE. WATER
MAIN EXTENSION
Construction plans and specifications have been prepared for a water
line extension on East Avenue that will permit the interconnection
of the City system at Mitra Street to that of California Water Ser-
vice Co. system at Buena Vista Avenue. This project is to be equally
shared in cost with California Water Service Company with our amount
estimated to be $13,700.
The extension of the water line was further explained by Mr. Lee
by a drawing on the board, showing it to be about 680 feet long
and it will be beneficial in the event there is a failure of the
City's system and it could be used as an alternate source to take
care of that particular area.
CM TURNER MOVED TO AUTHORIZE SOLICITATION OF CONSTRUCTION BIDS,
SECONDED BY CW TIRSELL, AND PASSED UNANIMOUSLY.
CONSENT CALENDAR
Vehicle Bid Results
(Backhoe and PU Truck)
Bids have been received and results tabulated for the purchase of
a tractor-loader-backhoe and it was recommended that the award be
made to the low bidder, Hoyt Buettner, in the amount of $24,080.85.
RESOLUTION NO. 261-75
A RESOLUTION AWARDING BID
(Hoyt & Buettner Tractor Co.)
Bids were also solicited and received for a 1976 model Sub-Compact
Pickup and it was recommended that the bid be awarded to Codiro1i Ford
in the amount of $3,819.16.
RESOLUTION NO. 262-75
A RESOLUTION AWARDING BID
(Codiro1i: 1976 Pickup)
Lease Amendment
(Calif. Air Commuter)
The City Manager reported that proposed amendments are submitted
for the existing lease by California Air Commuter providing for a
very nominal office space in our administration building. The pro-
posed lease rate for an area of 72.25 sq. ft. has been calculated
to be $91.04 per month. It is recommended that the amendment be
authorized.
RESOLUTION NO. 263-75
A RESOLUTION AUTHORIZING EXECUTION OF
FIRST AMENDMENT TO AGREEMENT (Calif-
ornia Air Commuter)
CM-31-193
December 22, 1975
Res. of Condemnation
for Park Purposes
(Woelffel Property)
Negotiations have been conducted over the past year for the acqui-
sition of a parcel of land comprised of 24.4 acres to the west of
Murrieta Blvd. and along the Arroyo Mocho channel alignment. It
is part of the area of about 100 acres intended to be obtained for
a major community park in this area. Financing is to be by means
of a state bond issue grant. It is recommended that a resolution
be adopted authorizing the condemnation procedure.
RESOLUTION NO. 264-75
A RESOLUTION AUTHORIZING AND DIRECTING CONDEMNATION OF
FEE SIMPLE ESTATE WHICH THE CITY COUNCIL HAS DETERMINED
IS REQUIRED BY THE PUBLIC INTEREST AND NECESSITY FOR
PUBLIC PARK AND RELATED USES, LOCATED PARTIALLY IN THE
CITY OF LIVERMORE AND PARTIALLY IN THE COUNTY OF ALAMEDA,
STATE OF CALIFORNIA, GENERALLY 945 FEET SOUTH OF OLIVINA
AVENUE AND 505 FEET WESTERLY OF MURRIETA BOULEVARD, AND
COMMONLY DESIGNATED AS 548 EAST STANLEY BOULEVARD.
Res. of Condemnation
re Railroad Track Reloca-
tion (George T. Devany, et ux)
A small parcel of land is required for the grade separation project
and it is recommended that a resolution be adopted authorizing con-
demnation of this parcel.
RESOLUTION NO. 265-75
A RESOLUTION AUTHORIZING AND DIRECTING CONDEMNATION OF
FEE SIMPLE ESTATE WHICH THE CITY COUNCIL HAS DETERMINED
IS REQUIRED BY THE PUBLIC INTEREST AND NECESSITY FOR
PUBLIC USES, SAID REAL PROPERTY LOCATED IN THE CITY OF
LIVERMORE, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, LY-
ING WITHIN THE BOUNDARIES OF THE RAILROAD TRACK RELOCA-
TION ASSESSMENT DISTRICT PROJECT WITHIN THE SAID CITY. (39b)
Minutes - Social
Concerns Committee
Minutes of the meeting of the Social Concerns Committee for November
20, 1975 were received by the Council.
payroll & Claims
There were 112 claims in the amount of $203,087.60 dated December
12 and 285 warrants in the amount of $95,174.99 dated December 1,
1975 ordered paid as approved by the City Manager.
APPROVAL OF CONSENT
CALENDAR
ON MOTION OF CM TURNER, SECONDED BY CW TIRSELL, THE ITEMS ON THE
CONSENT CALENDAR WERE APPROVED UNANIMOUSLY.
MATTERS INITIATED
BY THE STAFF
(Water Treatment Plant)
Mr. Lee stated that the staff has made application for position
on the priority list with the Regional Board for a 1 mg increase
in capacity of the Water Treatment Plant. The Regional Board staff
CM-31-194
December 22, 1975
(Water Treatment Plant)
prepared a list, just received, of the priority list they will be
submitting to their Regional Board in January and they would like
to have the City's response by January 2. We are on the list, we
have an "II" priority listing that goes from "A" to "H", and there
is a reasonable possibility we will be in a reachable position with
that priority listing. The Regional Board staff has indicated it
would do no harm to reaffirm the City's interest and ask for a
higher position on the priority list. Mr. Lee suggested that the
Council allow the staff to prepare such a communication to the Regional
Board, and stress our interest in additional capacity for industrial
and commercial needs and more or less state what has been previously
discussed. He did not feel that mitigating measures were a big issue
and probably would not affect a decision at the Regional Board level but
it is something we could press at a later date.
Cm Hiller felt we should leave things in about mitigating measures
as final decisions are made by the State Board.
Mayor Futch felt we should reaffirm the mitigating measures because
the State Board is going to insist on something like that.
Cw Tirsel1 asked if they are restated would the statement concerning
reservations which was a part of the ordinance be used, and Mr. Lee
replied they would.
i1r. Lee suggested that the Council do something before the 2nd of
January and they can arranqe to meet with him.
Mr. Parness stated that unless the Council opposes it, the staff
would like permission to reaffirm the interest of the City in the
application already submitted.
Cm Miller stated if it is to be done in writing before the next
Council meeting it would be helpful if he would read the text to
the Counci1members over the phone or send a copy if there is time.
Cm Turner asked if an application had been submitted and Mr. Lee
replied that it had been - an application for position which is
the procedure. Mr. Lee added that there will be no more grants for
the next fiscal year 1976-77 until the Regional Board has recommended
the priority list to the State Board and they adopt it. When they
adopt that and we are up in a reachable position, we have a project.
(Re Proposed Ordinances)
Mr. Logan stated there are no ordinances on the agenda as the
sewer ordinance was withdrawn at his request. He would ask that
the Council be patient with him and it will not be brought back to
the Council until January l2 as he would like to present several
alternatives which he thinks would legally apply rather than just
pick apart the ordinance. He asked if this would be agreeable and
the Council concurred.
(Questions re Election)
Mr. Logan stated he has received numerous calls from people now
seeking office and the problem is that there are a lot of questions
that now arise because of Proposition 9, because of the new City
ordinance and because of general campaign laws. He and the City
Clerk feel that if sometime in the middle of January they might set
a symposium for all the candidates who want to attend and ask all
the questions they have and they will answer all of a general nature.
As a public servant he feels inclined to answer all the questions
the candidates have, but does not want to favor anyone. He asked
CM-31-195
December 22, 1975
for the Council's approval to set up such a symposium, and the
Council was in complete agreement with the idea.
CITY MANAGER'S
WEEKLY REPORT
General Plan EIR Report
Mr. Parness stated that the General Plan EIR Report is being de-
livered to us to tomorrow, and the staff will review it to see if
it is adequate in its coverage and then will ask for the final
report to be sent to us over the succeeding few days.
Gifts to Dignitaries
Mr. Parness reported that the staff met with both wine companies
and both were very receptive to the idea and would participate.
Rather than to substitute for one of their products labels, another
label would be prepared to be affixed to the bottle on the reverse
side with an appropriate emblem and it would be properly packaged
in a two-bottle type of box which they felt would be appropriate.
The staff is now working with alternate designs for such a label
which will be ready in a couple of weeks.
Letter to County Assessor
The City Manager has written to the County Assessor asking for a
response by December 22, as per Council instructions. The letter
of response was written today and hand delivered this afternoon.
Mr. Parness noted that the letter is rather difficult to under-
stand and the assessor did not respond to the points concerning
the disparity in assessments, at least to the satisfaction of
the City Manager.
em Miller requested that this item be placed on the agenda for
discussion by the Council.
Wording for Ballot Measure
re Safety Tax
Mr. Parness reported that he is preparing the argument for the
public safety tax, for the ballot, which will be available for
Council review at the next Council meeting.
LAFCO EIR
The City Attorney has distributed copies of draft comments made
by the consulting firm on the General Plan as to the LAFCO EIR.
If the Council is satisfied with the points made, Mr. Parness
would suggest that the comments be incorporated with the material
to be transmitted to LAFCO which is to be received by them no
later than December 31.
Mayor Futch commented that he believes the Council would want
input from the City Attorney concerning comments on the EIR.
The City Attorney stated that he spoke with the City Manager and
is not sure what points he has in mind but from a legal standpoint
everything possible should be included. However, from a political
standpoint there may be several items the Council might not want
to do.
Mayor Futch offered to write a cover letter which would include
the comments made orally by him to LAFCO as well as suggestions
the Council, City Attorney or City Manager might have.
CM-31-196
December 22, 1975
(re LAFCO EIR)
Cm Miller stated that if there is no objection he would like some
reference to the LAVWMA EIS - the latest full document on the air
quality problems and implications.
Mayor Futch explained that this was included in his oral comments
to LAFCO.
MATTERS INITIATED
BY THE COUNCIL
(Committee Member
Hospitalized)
Cm Turner commented that prici11a Payne from the Community Affairs
Committee had a heart attack and is at Oak Knoll Hospital. She has
asked that Cm Turner wish the Council a merry Christmas, on her
behalf.
em Turner stated that prici11a has put a lot into the Bicentennial
celebration activities such as the Bicentennial Ball and he feels
the City should send flowers to her.
Cw Tirse11 suggested that the Counci1members contribute, individually,
and not charge the City. The Council concurred.
(Comprehensive Health
Planning Council Meeting)
Cm Turner stated that he and Cw Tirse11 will attend a meeting with
the Comprehensive Health Planning Council on January 8, 1976, at
10:30 a.m.
If the Counci1members have questions they would like asked at the
meeting they should let them know before the meeting date.
(Executive Session to
Discuss Appointments)
Cw Turner wondered if the Council will be meeting in an executive
session after the meeting to discuss appointments that were not
made at the last executive session.
Mayor Futch announced that the Council would adjourn to the last
executive session for this year, directly after the meeting.
(Comment re Hospital
Expansion)
Cm Miller stated that he read in the newspaper where one of the
members of the Hospital Board commented that the statement expressed
by the Council concerning the hospital expansion is a "no growth
point of view".
Cm Miller stated that this statement is utter nonsense and they are
essentially trying to cover up the fact that higher room rates will
be charged and that they are irresponsible in proposing expansion
that would be beyond belief. This Council is hardly a "no growth"
Council and it would seem that Mr. Patterson has lost contact with
reality.
CM-31-197
December 22, 1975
(Traffic Signal
Reimbursement)
Cm Miller stated that it seems the city has waited a very long time
for the $65,000 from Mr. Mehran for the traffic signal installed
at Holmes Street and Concannon Boulevard. Mr. Mehran owes the
people of Livermore the $65,000 and this should be pursued.
Mr. Logan stated that he is inclined to believe that Mr. Mehran
will pay the $65,000 but he will send a notice to him.
(Appointments to
Air Quality Board)
em Miller stated that he feels two people have been appointed to
the Air Quality Board who are completely unqualified.
Cm Miller stated that it was his understanding that there would
not be any business discussed at the Mayors Conference meeting,
when these appointments were made, because the legislators were
going to be there. He asked Mayor Futch if he was aware that
all of this was going to take place.
Mayor Futch commented that one appointment was on the agenda
but Jack Ma1tester was appointed without it being on the agenda.
Cm Miller suggested that the City submit a formal protest to the
Mayors Conference about having items discussed that are not on
the agenda.
It was noted that the Council would consider submitting a formal
protest.
(Mayors Conference
Discussion re I-580)
Cm Miller stated that he believes there was some discussion at
the Mayors Conference concerning I-580 and wondered what com-
ments were made.
Mayor Futch stated that he would not be surprised if they would
take the position of widening I-580 to six lanes. He believes
that this is what is coming but they haven't taken the position,
as yet.
Cw Tirse11 stated that if this is the case perhaps the City should
submit information that if this goes back to litigation it is almost
certain the funding would be lost and the funding would go to
southern California.
(City Policy re
Recovery of Lost Items)
Cm Staley commented that he noticed in a letter to the editor of
a newspaper that a boy has written about the City's policy con-
cerning items found and turned into the Police Department. Appar-
ently the boy found something, turned it into the Police Department
and then requested that it be returned to him after a certain length
of time if the item was not claimed. The boy was told that items which
have not been claimed must be auctioned off and would not be returned
to the boy because this is City policy.
The City Attorney commented that the Police Department holds an item
for a certain period of time and if there is no locally adopted ordi-
nance the lost property will be returned to the person who found it.
CM-31-198
I
December 22, 1975
(re Lost Items)
However, there is another ordinance which has a specific set of rules
concerning lost property and the Police Department has the authoriza-
tion to sell unclaimed items at an auction.
This is rather complicated and not as simple as it would appear on
the surface and the Council may wish to review this ordinance but
at this time it is required that unclaimed property be sold at a
public auction.
It was concluded that a policy change concerning lost property might
be in order and the City Attorney was directed to prepare a report
at which time the item will again be discussed.
(LAFCO Meeting)
Mayor Futch stated that very little happened at the last LAFCO meet-
ing. He did make the comment that he intended to make at the meeting.
The owners who attended the meeting were confused as to the purpose
of the meeting and instead of commenting on the EIR their comments
were that they did not want to be included in Livermore's Sphere
of Influence because they do not want to pay City taxes. That type
of comment was not an item of discussion and the owners were reminded
that if they do not want to be included in the Sphere of Influence
that this could be discussed at a later date.
No action was taken at this meeting.
The Regional Planning Committee was given the authority to report
directly to Livermore on the General Plan but there was not suffi-
cient time for the Executive Committee to get the Regional Planning
Committee's report and review it for a recommendation prior to the
time of adoption of it by the City of Livermore.
(Zone 7 Meeting
with LAVWMA)
Mayor Futch stated that he also attended a joint meeting with Zone 7
and LAVWMA and one of the topics discussed was the meaning of what
is lIadjacentll to our City. They asked that Livermore clarify what
is meant by this so they can see what they would agree to.
em Miller noted that the developable area in Livermore and the
General Plan area can be shaded in and this is all the information
they need.
Mayor Futch stated that he believes that if Zone 7 gets involved
in a big study they are concerned about where the funds would
come from and they asked if the cities would be willing to help.
ADJOURNMENT
There being no further business to come before the Council, Mayor
Futch adjourned the meeting at 10:50 p.m. to an executive session
to discuss appointments.
APPROVE
~~%d
Mayor
~~
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C.1t C1e ~
Livermor , Ca ifornia
ATTEST
CM-31-199